Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · REGISTER · 2007-12-13 · Environmental Protection Agency (EPA) · Proposed Rules

Proposed Rules. Proposed rule

30,426 words·~138 min read·/register/2007/12/13/07-6043

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

BILLING CODE 3410-02-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2004-IL-0002; FRL-8503-6] Approval and Promulgation of Implementation Plans; Illinois; Source-Specific Revision for Cromwell-Phoenix, Incorporated AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: The EPA is proposing to approve a revision to the Illinois State Implementation Plan
(SIP)to incorporate site-specific Volatile Organic Compounds
(VOC)regulations for the Corrosion Inhibiting
(CI)packaging production facility of Cromwell-Phoenix, Incorporated (Cromwell-Phoenix) located in Alsip, Illinois (Cook County). The EPA is proposing to approve an adjusted standard from Illinois' paper coating regulations for Cromwell-Phoenix's CI packaging production facility. DATES: Comments must be received on or before January 14, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-OAR-2004-IL-0002, by one of the following methods: 1. *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. 2. *E-mail:* *mooney.john@epa.gov.* 3. *Fax:*
(312)886-5824. 4. *Mail:* John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. *Hand Delivery:* John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays. Please see the direct final rule which is located in the Rules section of this **Federal Register** for detailed instructions on how to submit comments. FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist, Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604,
(312)886-6057, *doty.edward@epa.gov.* SUPPLEMENTARY INFORMATION: In the Final Rules section of this **Federal Register** , EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the Rules section of this **Federal Register** . Dated: November 27, 2007. Mary A. Gade, Regional Administrator, Region 5. [FR Doc. E7-23984 Filed 12-12-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R09-OAR-2007-1150; FRL-8505-4] Disapproval of Plan of Nevada: Clean Air Mercury Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to disapprove the State Plan submitted by Nevada on November 15, 2006. The plan is intended to address the requirements of EPA's Clean Air Mercury Rule (CAMR), promulgated on May 18, 2005 and subsequently revised on June 9, 2006. EPA is proposing to determine that the submitted Nevada State Plan does not meet certain CAMR requirements and, therefore, must be disapproved. CAMR requires States to regulate emissions of mercury
(Hg)from large coal-fired electric generating units (EGUs). CAMR establishes State budgets for annual EGU Hg emissions and requires States to submit State Plans that ensure that annual in-state EGU Hg emissions will not exceed the applicable State budget. States have the flexibility to choose which control measures to adopt to achieve the budgets, including participating in the EPA-administered CAMR cap-and-trade program. In the State Plan that EPA is proposing to disapprove, Nevada has chosen to meet CAMR requirements by participating in the EPA-administered CAMR cap-and-trade program addressing Hg emissions. However, Nevada's plan does not meet the mandatory timing requirements for allowance allocations, and differs substantively from certain required provisions of EPA's model rule (including the provision requiring unrestricted allowance transfer and trading). DATES: Comments must be received on or before January 28, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-OAR-2007-1150, by one of the following methods: 1. *www.regulations.gov:* Follow the on-line instructions for submitting comments. 2. *E-mail: steckel.andrew@epa.gov.* 3. *Mail:* EPA-R09-OAR-2007-1150, Andrew Steckel (Air-4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. 4. *Hand Delivery or Courier:* Andrew Steckel (Air-4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. *Instructions:* Direct your comments to Docket ID No. EPA-R09-OAR-2007-1150. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit through *www.regulations.gov* or e-mail, information that you consider to be CBI or otherwise protected. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters and any form of encryption and should be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* *Docket:* All documents in the electronic docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: If you have questions concerning today's proposal, please contact Lily Wong, 75 Hawthorne Street, San Francisco, California 94105. The telephone number is
(415)947-4114. Ms. Wong can also be reached via electronic mail at *wong.lily@epa.gov.* SUPPLEMENTARY INFORMATION: Table of Contents I. What Action Is EPA Proposing To Take? II. What Is the Regulatory History of CAMR? III. What Are the General Requirements of CAMR State Plans? IV. How Can States Comply With CAMR? V. Analysis of Nevada's CAMR State Plan Submittal VI. Implications of State Plan Disapproval VII. Statutory and Executive Order Reviews I. What Action Is EPA Proposing To Take? EPA is proposing to disapprove Nevada's State Plan, submitted on November 15, 2006, because Nevada's submitted State Plan does not meet certain CAMR requirements necessary for participation in the EPA-administered CAMR cap-and-trade program. Nevada's plan requires EGUs to participate in the EPA-administered CAMR cap-and-trade program addressing Hg emissions. However, the State Plan does not meet the mandatory allocation timing requirements under 40 CFR 60.24(h)(6)(ii)(C) and
(D)and differs substantively from certain required provisions of EPA's model rule at 40 CFR part 60, subpart HHHH (including the requirement to provide for unrestricted allowance transfer and trading). Furthermore, as an allowance system that does not meet the above requirements, Nevada's State Plan fails to state that Hg allowances issued under the Nevada CAMR program will not qualify as Hg allowances under the EPA-administered cap-and-trade program as required by 40 CFR 60.24(h)(7). Consequently, EPA is proposing to determine that the State Plan does not meet the applicable requirements of CAMR and to disapprove the plan on that basis. II. What Is the Regulatory History of CAMR? CAMR was published by EPA on May 18, 2005 (70 FR 28606, “Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units; Final Rule”). In this rule, acting pursuant to its authority under section 111(d) of the Clean Air Act (CAA), 42 U.S.C. 7411(d), EPA required that all States meet Statewide annual budgets limiting Hg emissions from large coal-fired electric generating units (i.e., EGUs, as defined in 40 CFR 60.24(h)(8)). EPA further required all States to submit State Plans that include control measures that ensure that total, annual Hg emissions from new and existing EGUs do not exceed the applicable Statewide annual EGU Hg emissions budget. Under CAMR, States may implement these emissions limitations either by participating in the EPA-administered CAMR cap-and-trade program or by adopting other effective and enforceable control measures. CAMR explains what must be included in State Plans and sets a deadline for submittal to EPA by November 17, 2006. Under 40 CFR 60.27(b), the Administrator will approve or disapprove the submitted State Plans. The purpose of this action is to propose disapproval of Nevada's CAMR State Plan. III. What Are the General Requirements of CAMR State Plans? CAMR establishes Statewide annual EGU Hg emission budgets implemented in two phases. The first phase starts in 2010 and continues through 2017. The second phase starts in 2018 and continues thereafter. CAMR requires States to implement the budgets by either:
(1)Requiring EGUs to participate in the EPA-administered CAMR cap-and-trade program; or
(2)adopting other EGU control measures of the respective State's choosing and demonstrating that such control measures will result in compliance with the applicable State annual EGU Hg emissions budget. Each State Plan must require EGUs to comply with the monitoring, recordkeeping, and reporting provisions of 40 CFR part 75 concerning Hg mass emissions. Each State Plan must also show that the State has the legal authority to adopt the appropriate emission standards, compliance schedules, and other requirements. IV. How Can States Comply With CAMR? Many States have chosen to meet the CAMR requirements by requiring new and existing EGUs to participate in the EPA-administered CAMR cap-and-trade program while many other States have chosen to control Statewide annual Hg emissions for new and existing EGUs through an alternative mechanism. Each State that chooses an alternative mechanism must include with its plan a demonstration that the State Plan will ensure that the State will meet its assigned State annual EGU Hg emission budget. A State submitting a State Plan that requires EGUs to participate in the EPA-administered CAMR cap-and-trade program may either adopt regulations that are substantively identical to the EPA model Hg trading rule (40 CFR part 60, subpart HHHH) or incorporate by reference the entire model rule. Alternatively, CAMR provides that a State requiring participation in the cap-and-trade program may adopt regulations, or an incorporation by reference, that make only limited changes to the model rule and must otherwise be substantively identical to the model rule. A State Plan may change the model rule only by altering the allowance allocation provisions to provide for a State-specific methodology for allocating Hg allowances. A State's alternative allowance allocation provisions must meet certain mandatory allocation timing requirements and must ensure that total allocations for each calendar year will not exceed the State's annual EGU Hg budget for that year. A State may submit a State Plan that establishes an allowance system that does not meet the above-described requirements for participation in the EPA-administered CAMR cap-and-trade program and that does not require such participation, and EPA will review the State Plan on a case-by-case basis to determine if the plan meets CAMR requirements applicable to plans not involving such participation. However, such State Plans must state that Hg allowances issued under such an allowance system will not qualify as Hg allowances under the EPA-administered CAMR cap-and-trade program. V. Analysis of Nevada's CAMR State Plan Submittal The Nevada State Plan requires EGUs to participate in the EPA-administered CAMR cap-and-trade program. The State Plan incorporates by reference some provisions of the EPA model Hg trading rule (40 CFR part 60, subpart HHHH), but replaces other provisions of the model rule. In particular, the State has chosen to replace model rule provisions addressing retired units, the standard requirements for sources subject to the EPA-administered CAMR cap-and-trade program, the allocation of allowances, and the recordation of allowance allocations. Nevada's rule also added certain definitions to those in the model rule and adopted allowance allocation provisions establishing an alternate allowance allocation methodology. Under CAMR, States may establish a different Hg allowance allocation methodology and still participate in the EPA-administered CAMR cap-and-trade program if certain mandatory requirements are met concerning the timing of submission of allocations to EGUs to the Administrator for recordation and the total amount of allowances allocated for each control period and if the State Plan is otherwise substantively identical to the model rule. In adopting alternative Hg allowance allocation methodologies, States have flexibility with regard to: 1. The cost to recipients of the allowances, which may be distributed for free or auctioned; 2. The frequency of allocations (e.g., whether allocations for each year will be determined in advance by an even longer period than under the mandatory allowance allocation timing requirements); 3. The basis for allocating allowances, which may be distributed, for example, based on historical heat input or electric and thermal output; and 4. The use of allowance set-asides and, if used, their size. *See* 70 FR 28627. Nevada's alternative allowance allocation methodology effectively distributes Hg allowances based upon a unit's actual emissions. However, while Nevada's State Plan requires sources to participate in the EPA-administered CAMR cap-and-trade program and so does not state that Nevada-issued allowances will not qualify as Hg allowances under the EPA-administered program, Nevada's method for the allocation of allowances does not comply with the mandatory timing requirements of 40 CFR 60.24(h)(6)(ii)(C) and (D). Under 40 CFR 60.24(h)(6)(ii)(C) and (D), allowances for existing units must be allocated generally three years before, and allowances for new units must be allocated by October 31 of, the first control period for which the allowances may be used for compliance. Nevada's State Plan also differs substantively from certain other provisions of EPA's model rule that are required for participation in the EPA-administered CAMR cap-and-trade program. Specifically, Nevada's State Plan creates restrictions on allowance transfer and trading, fails to state that an allowance does not constitute a property right, substitutes the Director of the Nevada Division of Environmental Protection for the Administrator, lacks deadlines for recordation of allowance allocations, misstates the requirements for compliance with the requirement to hold allowances covering emissions, allows for Director's discretion to create an exception to the requirement that sources maintain records on-site, and allows for Director's discretion in specifying the content of CAMR permit applications and permits. These inconsistencies of Nevada's rule with the requirements of CAMR are discussed in detail in the Technical Support Document
(TSD)entitled *EPA Proposed Analysis of Nevada Clean Air Mercury Rule State Plan* , which is included in the docket for this notice. For these reasons, as discussed in detail in the TSD, Nevada's rule is not approvable under 40 CFR 60.24(h)(6) and (7). 1 1 EPA is acting on the final Nevada CAMR State Plan submitted on November 15, 2006. EPA recognizes that Nevada has since proposed revisions that would address some, but not all, of the approvability issues identified above. EPA is not addressing in this notice Nevada's proposed revisions as they have not yet been adopted or submitted. However, EPA notes that these proposed revisions do not address certain approvability issues, including those allocation timing and restrictions on allowance transfer and trading. VI. Implications of State Plan Disapproval Under 40 CFR 60.27(b), the Administrator must approve or disapprove timely submitted State Plans within four months of the deadline for their submission to the Administrator, i.e., November 17, 2006 in the case of CAMR State Plans. Moreover, under 40 CFR 60.27(c), the Administrator must propose a Federal Plan for States that did not submit State Plans by the submission deadline or whose timely submitted State Plans the Administrator disapproves. The Administrator must finalize a Federal Plan for such States under 40 CFR 60.27(d) within six months of the deadline for their submission to the Administrator, unless in the meantime the State submits a State Plan that the Administrator determines to be approvable. EPA's review of Nevada's State Plan continued beyond the deadline in 40 CFR 60.27(b) because of the complexity of Nevada's rule and because EPA conducted an extended dialogue with Nevada in order to understand the State's concerns and to try to resolve the issues raised by Nevada's State Plan. In a separate action, EPA has proposed a Federal Plan and intends to issue a final Federal Plan in the near future. Any final Federal Plan will generally apply in those States that did not submit a State Plan by November 17, 2006, whose State Plans submitted by November 17, 2006 have been disapproved by EPA, or whose State Plans submitted after November 17, 2006 have not been approved. A final determination of the categories of States to which the Federal Plan will apply will be made in the notice finalizing a Federal Plan. If EPA finalizes the disapproval of Nevada's CAMR State Plan and finalizes the Federal Plan as described above, Nevada EGUs will be subject to the Federal Plan. It is EPA's intention to work quickly to review any revision of a disapproved State Plan, so that an approvable State Plan can be approved and take the place of the Federal Plan. VII. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely proposes to disapprove State law as not meeting Federal requirements and would impose no additional requirements. Accordingly, the Administrator certifies that this proposed rule would not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this action proposes to disapprove pre-existing requirements under State law and would not impose any additional enforceable duty beyond that required by State law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This proposal also does not have Tribal implications because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This proposed action also does not have Federalism implications because it would not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely proposes to disapprove a State rule as failing to implement a Federal standard. It does not alter the relationship or the distribution of power and responsibilities established in the CAA. This proposed rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it is not economically significant. It also does not concern an environmental health or safety risk the EPA has reason to believe may have a disproportionate effect on children. Executive Order 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” requires Federal agencies to consider the impact of programs, policies, and activities on minority populations and low-income populations. EPA guidance 2 states that EPA is to assess whether minority or low-income populations face risk or a rate of exposure to hazards that is significant and that “appreciably exceed[s] or is likely to appreciably exceed the risk or rate to the general population or to the appropriate comparison group.” (EPA, 1998) Because this rule merely proposes to disapprove a state rule as failing to implement the Federal standard established by CAMR, EPA lacks the discretionary authority to modify today's regulatory decision on the basis of environmental justice considerations. However, EPA has already considered the impact of CAMR, including this Federal standard, on minority and low-income populations. In the context of EPA's CAMR published in the **Federal Register** on May 18, 2005, in accordance with E.O. 12898, the Agency has considered whether CAMR may have disproportionate negative impacts on minority or low income populations and determined that it does not. 2 U.S. Environmental Protection Agency, 1998. Guidance for Incorporating Environmental Justice Concerns in EPA's NEPA Compliance Analyses. Office of Federal Activities, Washington, DC, April, 1998. In reviewing State Plan submissions, EPA's role is to approve State choices, provided that they meet the criteria of the CAA generally and CAMR specifically. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a State Plan for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a State Plan submission, to use VCS in place of a State Plan submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule would not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 40 CFR Part 62 Environmental protection, Air pollution control, Electric utilities, Intergovernmental relations, Reporting and recordkeeping, Mercury. Dated: December 3, 2007. Wayne Nastri, Regional Administrator, Region IX. [FR Doc. E7-24167 Filed 12-12-07; 8:45 am] BILLING CODE 6560-50-P 72 239 Thursday, December 13, 2007 Notices DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2007-0138] Notice of Request for Approval of an Information Collection; Customer/Stakeholder Satisfaction Surveys AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: New information collection; comment request. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to initiate new information collection activities, to conduct surveys of customer/stakeholder satisfaction for both the National Animal Health Monitoring System and the National Veterinary Services Laboratories. DATES: We will consider all comments that we receive on or before February 11, 2008. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* , select “Animal and Plant Health Inspection Service” from the agency drop-down menu, then click “Submit.” In the Docket ID column, select APHIS-2007-0138 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. • *Postal Mail/Commercial Delivery:* Please send four copies of your comment (an original and three copies) to Docket No. APHIS-2007-0138, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2007-0138. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov* . FOR FURTHER INFORMATION CONTACT: For information on the Customer/Stakeholder Satisfaction Surveys, contact Mrs. Sandra Warnken, Management and Program Analyst, Centers for Epidemiology and Animal Health, VS, APHIS, 2150 Centre Avenue, Building B MS 2E3, Fort Collins, CO 80526;
(970)494-7193. For copies of more detailed information on the information collection, contact Mrs. Celeste Sickles, APHIS Information Collection Coordinator, at
(301)734-7477. SUPPLEMENTARY INFORMATION: Title: Customer/Stakeholder Satisfaction Surveys for the National Animal Health Monitoring System and the National Veterinary Services Laboratories. *OMB Number:* 0579-XXXX. *Type of Request:* Approval of a new information collection. *Abstract:* The United States Department of Agriculture is responsible for protecting the health of our Nation's livestock, poultry, and aquaculture populations by preventing the introduction and interstate spread of serious diseases and pests of livestock and for eradicating such diseases from the United States when feasible. In connection with this mission, the Animal and Plant Health Inspection Service (APHIS) operates the National Animal Health Monitoring System (NAHMS), which collects, on a national basis, statistically valid and scientifically sound data on the prevalence and economic importance of livestock, poultry, and aquaculture disease risk factors. NAHMS national studies have evolved into a collaborative industry and government initiative to help determine the most effective means of preventing and controlling diseases of livestock, poultry, and aquaculture. APHIS is the only agency responsible for collecting national data on livestock, poultry, and aquaculture health. Participation in any NAHMS study (including these surveys) is voluntary, and all data are confidential. The National Veterinary Services Laboratories
(NVSL)assists the NAHMS by providing testing services for many of the NAHMS projects. Primary functions of the NVSL also include providing diagnostic support for domestic diseases, potential foreign animal diseases, import/export programs, disease surveillance, and disease eradication efforts. The efforts of the NVSL are an essential part of preventing and controlling diseases of livestock, poultry, and aquaculture. Information from the NAHMS studies is disseminated to and used by producers, animal health officials, private practitioners, animal industry groups, policy makers, public health officials, media, and educational institutions to improve the health and welfare, quality, and marketability of our Nation's livestock, poultry, and aquaculture. NAHMS staff also produces the U.S. Animal Health Report, which is an annual publication describing the status of animal health in the United States. The purpose of customer/stakeholder satisfaction surveys is: • To gather information from producers and other information users on the usefulness of studies and reports, • To minimize producer burden, • To increase response rates, • To improve report quality and relevance to producers' and stakeholders' needs, and • To improve laboratory performance. Producers and stakeholders participate in the NAHMS program, utilize information from the NVSL, and/or read NAHMS reports. Therefore, administration of customer/stakeholder satisfaction surveys will benefit the study process and provide NAHMS and NVSL with information to make the programs more effective, with timely and relevant information. NAHMS staff plans to obtain feedback from the U.S. Animal Health Report Surveys, NAHMS Study Participant Surveys, and NAHMS Descriptive Reports Surveys. NVSL staff plans to obtain feedback from the annual NVSL Performance Surveys. Feedback from these surveys will be used to improve the U.S. Animal Health Report, to improve NAHMS Descriptive Reports, and to evaluate customer/stakeholder satisfaction in an effort to increase participation rates for NAHMS studies. The NVSL surveys will help monitor the NVSL's performance. We are asking the Office of Management and Budget
(OMB)to approve our use of these information collection activities for 3 years. The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning our information collection. These comments will help us:
(1)Evaluate whether the collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of our estimate of burden on the collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies; e.g., permitting electronic submission of responses. *Estimate of burden:* The public reporting burden for this collection of information is estimated to average 0.267714 hours per response. *Respondents:* Livestock, poultry, and catfish producers; information users; NAHMS Descriptive Report Recipients; Animal Health Report recipients; practicing veterinarians; animal importers/exporters; State and independent laboratories. *Estimated annual number of respondents:* 35,700. *Estimated annual number of responses per respondent:* 0.2585434. *Estimated annual number of responses:* 9,230. *Estimated total annual burden on respondents:* 2,471 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.) All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Done in Washington, DC, this 7th day of December 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-24171 Filed 12-12-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2007-0030] Monsanto Company; Availability of Petition and Environmental Assessment for Determination of Nonregulated Status for Corn Genetically Engineered for Insect Resistance AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Notice. SUMMARY: We are advising the public that the Animal and Plant Health Inspection Service has received a petition from the Monsanto Company seeking a determination of nonregulated status for insect-resistant corn derived from a transformation event designated as MON 89034. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. In accordance with those regulations, we are soliciting comments on whether this genetically engineered corn is or could be a plant pest. We are also making available for public comment a draft environmental assessment for the proposed determination of nonregulated status. DATES: We will consider all comments we receive on or before February 11, 2008. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* , select “Animal and Plant Health Inspection Service” from the agency drop-down menu, then click “Submit.” In the Docket ID column, select APHIS-2007-0030 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. • *Postal Mail/Commercial Delivery:* Please send four copies of your comment (an original and three copies) to Docket No. APHIS-2007-0030, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2007-0030. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov* . FOR FURTHER INFORMATION CONTACT: Dr. Robyn Rose, Biotechnology Regulatory Services, APHIS, 4700 River Road Unit 147, Riverdale, MD 20737-1236;
(301)734-0489, e-mail: *robyn.i.rose@aphis.usda.gov* . To obtain copies of the petition or the environmental assessment, contact Ms. Cindy Eck at
(301)734-0667, e-mail: *cynthia.a.eck@aphis.usda.gov* . The petition and the environmental assessment are also available on the Internet at *http://www.aphis.usda.gov/brs/aphisdocs/06_29801p.pdf* and *http://www.aphis.usda.gov/brs/aphisdocs/06_29801p_ea.pdf.* SUPPLEMENTARY INFORMATION: Background The regulations in 7 CFR part 340, “Introduction of Organisms and Products Altered or Produced Through Genetic Engineering Which Are Plant Pests or Which There Is Reason to Believe Are Plant Pests,” regulate, among other things, the introduction (importation, interstate movement, or release into the environment) of organisms and products altered or produced through genetic engineering that are plant pests or that there is reason to believe are plant pests. Such genetically engineered organisms and products are considered “regulated articles.” The regulations in § 340.6(a) provide that any person may submit a petition to the Animal and Plant Health Inspection Service (APHIS) seeking a determination that an article should not be regulated under 7 CFR part 340. Paragraphs
(b)and
(c)of § 340.6 describe the form that a petition for a determination of nonregulated status must take and the information that must be included in the petition. On October 26, 2006, APHIS received a petition seeking a determination of nonregulated status (APHIS No. 06-298-01p) from the Monsanto Company (Monsanto) of St. Louis, MO, for corn ( *Zea mays* L.) designated as transformation event MON 89034, which has been genetically engineered for resistance to European corn borer
(ECB)and other lepidopteran pests, stating that corn line MON 89034 does not present a plant pest risk and, therefore, should not be a regulated article under APHIS' regulations in 7 CFR part 340. Monsanto responded to APHIS' subsequent request for additional information and clarification and submitted an addendum to their petition on January 23, 2007. The petition is available for public review and comment. Analysis As described in the petition, corn transformation event MON 89034 has been genetically engineered to express the transgenes *cry1A.105* and *cry2Ab2* , both of which were derived from a well-characterized gene sequence from *Bacillus thuringiensis* , and encode insect control proteins. The neomycin phosphotransferase II ( *nptII* ) gene was used as a selectable marker, but was eliminated by traditional breeding methods in the later stages of development of MON 89034. Thus, MON 89034 contains only the *cry1A.105* and *cry2Ab2* expression cassettes. Expression of the transgenes by corn plants renders the corn line resistant to European corn borer, as well as other lepidopteran pests. Regulatory elements for the transgenes were obtained from *Agrobacterium tumefaciens* . These regulatory sequences are not transcribed and do not encode proteins. The DNA was introduced into corn cells using *Agrobacterium* -mediated transformation methodology with the T-DNA binary transformation vector designated PV-ZMIR245. Transformation event MON 89034 has been considered a regulated article under the regulations in 7 CFR part 340 because it contains gene sequences from plant pathogens. MON 89034 corn has been field tested in the United States since 2001 under notifications and permits authorized by the U.S. Department of Agriculture (USDA). APHIS has presented two alternatives in the draft environmental assessment
(EA)based on its analyses of data submitted by Monsanto, a review of other scientific data, and field tests conducted under APHIS oversight. APHIS may:
(1)Take no action (MON 89034 remains a regulated article), or
(2)deregulate MON 89034. In § 403 of the Plant Protection Act (7 U.S.C. 7701 *et seq.* ), “plant pest” is defined as any living stage of any of the following that can directly or indirectly injure, cause damage to, or cause disease in any plant or plant product: a protozoan, a nonhuman animal, a parasitic plant, a bacterium, a fungus, a virus or viroid, an infectious agent or other pathogen, or any article similar to or allied with any of the foregoing. APHIS views this definition broadly to cover direct or indirect injury, disease, or damage not just to agricultural crops, but also to other plants, for example, native species, as well as to plant parts and plant products whether natural, manufactured, or processed. MON 89034 corn is subject to regulation by other Federal agencies. The U.S. Environmental Protection Agency
(EPA)is responsible for the regulation of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended (7 U.S.C. 136 *et seq.* ). FIFRA requires that all pesticides, including herbicides, be registered prior to distribution or sale, unless exempt from EPA regulation. In cases in which genetically engineered plants allow for a new use of a pesticide or involve a different use pattern for the pesticide, EPA must approve the new or different use. On July 17, 2006, the EPA announced a temporary exemption from the requirement of a tolerance for residues of the *Bacillus thuringiensis* Cry1A.105 protein and the genetic material necessary for its production in corn on field corn, sweet corn, and popcorn when applied/used as a plant-incorporated protectant (PIP). The temporary tolerance exemption will expire on June 30, 2009 (71 FR 40427-40431). On July 17, 2006, EPA announced a temporary exemption from the requirement of a tolerance for residues of the *Bacillus thuringiensis* Cry2Ab2 protein and the genetic material necessary for its production in corn on field corn, sweet corn, and popcorn when applied/used as a PIP. The temporary tolerance exemption will expire on June 30, 2009 (71 FR 40431-40436). Pursuant to its authority under the Federal Food, Drug, and Cosmetic Act (FFDCA, 21 U.S.C. 301 *et seq.* ), EPA conducted a comprehensive assessment of the Cry1A.105 and Cry2Ab2 proteins and the genetic material necessary for their production in corn concluding that there was a reasonable certainty of no harm from consumption of the protein, as it is digestible in gastric fluid and not considered an allergen. Under the FFDCA, pesticides added to (or contained in) raw agricultural commodities generally are considered to be unsafe unless a tolerance or exemption from tolerance has been established. Residue tolerances for pesticides are established by EPA under the FFDCA and the Food and Drug Administration
(FDA)enforces tolerances set by EPA under the FFDCA. FDA's policy statement concerning regulation of products derived from new plant varieties, including those genetically engineered, was published in the **Federal Register** on May 29, 1992 (57 FR 22984-23005). Under this policy, FDA uses what is termed a consultation process to ensure that human and animal feed safety issues or other regulatory issues (e.g., labeling) are resolved prior to commercial distribution of a bioengineered food. Monsanto submitted a summary of their safety assessment to the FDA on October 13, 2006. The FDA consultation for MON 89034 corn as food and feed is currently underway. National Environmental Policy Act A draft EA has been prepared to provide the APHIS decisionmaker with a review and analysis of any potential environmental impacts associated with the proposed determination of nonregulated status for MON 89034. The draft EA was prepared in accordance with
(1)The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 *et seq.* ),
(2)regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508),
(3)USDA regulations implementing NEPA (7 CFR part 1b), and
(4)APHIS' NEPA Implementing Procedures (7 CFR part 372). In accordance with § 340.6(d) of the regulations, we are publishing this notice to inform the public that APHIS will accept written comments regarding the petition for a determination of nonregulated status from interested or affected persons for a period of 60 days from the date of this notice. We are also soliciting written comments from interested or affected persons on the draft EA prepared to examine any environmental impacts of the proposed determination for the deregulation of the subject corn event. The petition, the draft EA, and any comments received are available for public review, and copies of the petitions and the draft EA are available as indicated under ADDRESSES and FOR FURTHER INFORMATION CONTACT above. After the comment period closes, APHIS will review all written comments received during the comment period and any other relevant information. After reviewing and evaluating the comments on the petition and the EA and other data and information, APHIS will furnish a response to the petitioner, either approving or denying the petition. APHIS will then publish a notice in the **Federal Register** announcing the regulatory status of Monsanto's insect-resistant corn event MON 89034 and the availability of APHIS' written regulatory and environmental decisions. Authority: 7 U.S.C. 7701-7772 and 7781-7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3. Done in Washington, DC, this 7th day of December 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-24174 Filed 12-12-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2007-0150] Public Meeting; Veterinary Biologics AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Advance notice of public meeting and request for suggested agenda topics. SUMMARY: We are issuing this notice to inform producers and users of veterinary biological products, and other interested individuals, that we will be holding our 14th public meeting to discuss regulatory and policy issues related to the manufacture, distribution, and use of veterinary biological products. We are planning the meeting agenda and are requesting suggestions for topics of general interest to producers and other interested individuals. DATES: The public meeting will be held Monday, April 7, through Wednesday, April 9, 2008, from noon to approximately 5 p.m. on Monday, from 8:30 a.m. to approximately 5 p.m. on Tuesday, and from 8 a.m. to approximately noon on Wednesday. ADDRESSES: The public meeting will be held in the Scheman Building at the Iowa State Center, Iowa State University, Ames, IA. FOR FURTHER INFORMATION CONTACT: For further information on agenda topics, contact Dr. Byron E. Rippke, Director, Policy, Evaluation, and Licensing, Center for Veterinary Biologics, Veterinary Services, APHIS, 510 South 17th Street, Suite 104, Ames, IA 50010-8197; phone
(515)232-5785, fax
(515)232-7120, or e-mail *CVB@aphis.usda.gov.* For registration information, contact Ms. Betty Light at the same address and fax number; phone
(515)232-5785 extension 127; or e-mail *Betty.J.Light@aphis.usda.gov.* SUPPLEMENTARY INFORMATION: Since 1989, the Animal and Plant Health Inspection Service (APHIS) has held 13 public meetings in Ames, IA, on veterinary biologics. The meetings provide an opportunity for the exchange of information between APHIS representatives, producers and users of veterinary biological products, and other interested individuals. APHIS is in the process of planning the agenda for the 14th such meeting, which will be held April 7 through 9, 2008. The agenda for the meeting is not yet complete. The theme for this year's meeting is influenza. Topics that have been suggested include:
(1)Avian, swine, and equine influenza-related topics;
(2)pandemic influenza preparedness and related issues;
(3)conditional licenses for canine influenza vaccines;
(4)influenza diagnostics (rapid and otherwise); and
(5)Veterinary Services and Center for Veterinary Biologics related issues. Before finalizing the agenda, APHIS is seeking suggestions for additional meeting topics from the interested public. We would also like to invite interested individuals to use this meeting to present their ideas and suggestions concerning the licensing, manufacturing, testing, distribution, and regulation of products designed to diagnose, prevent, or treat animal diseases. Please submit suggested meeting topics and proposed presentation titles to Dr. Byron E. Rippke (see FOR FURTHER INFORMATION CONTACT above) on or before January 30, 2008. For proposed presentations, please include the name(s) of the presenter(s) and the approximate amount of time that will be needed for each presentation. After the agenda is finalized, APHIS will announce the agenda topics in the **Federal Register** . Done in Washington, DC, this 7th day of December 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-24170 Filed 12-12-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Docket 49-2007] Foreign-Trade Zone 22 Chicago, Illinois Application for Subzone: Sony Electronics Inc. (Audio, Video, Communications and Information-Technology Products and Accessories), Romeoville, Illinois An application has been submitted to the Foreign-Trade Zones Board (the Board) by the Illinois International Port District, grantee of FTZ 22, requesting special-purpose subzone status for the warehousing and distribution facility of Sony Electronics Inc. (Sony), located in Romeoville, Illinois. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR part 400). It was formally filed on December 4, 2007. The Sony facility (50-150 employees, 25 acres, 562,624 square feet) is located at 99 North Pinnacle Drive, in Romeoville, Illinois. The facility is used for the storage, distribution, packaging, kitting, inspecting, testing and repair of audio, video, communications and information-technology products and accessories. Zone procedures would exempt Sony from customs duty payments on products that are re-exported. Some 5 percent of the products are re-exported. On its domestic sales, the company would be able to defer duty payments until merchandise is shipped from the facilities and entered for consumption. FTZ designation would further allow Sony to utilize certain customs procedures resulting in increased efficiencies for its logistics and distribution operations. In addition, Sony is requesting authority to choose the duty rates during customs entry procedures that apply to kits and accessory sets, including digital camera and camcorder kits (duty rate ranges from duty-free to 2.1%) for the following imported components: memory sticks, digital still cameras, digital camcorders, refill paper packs, photo printers, DVD players, home theaters and rechargeable battery packs (duty rate ranges from duty-free to 4.5%). The company has also indicated that it will import soft carrying cases (HTS 4202 and 5911, duty rate ranges from 2-17.6%), but that they will be admitted to the zone in privileged foreign status. The request indicates that the savings from FTZ procedures would help improve the facility's international competitiveness. In accordance with the Board's regulations, a member of the FTZ staff has been appointed examiner to investigate the application and report to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is February 11, 2008. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to February 26, 2008. A copy of the application and accompanying exhibits will be available for public inspection at each of the following locations: U.S. Department of Commerce Export Assistance Center, 200 West Adams Street, Suite 2450 Chicago, IL 60606. Office of the Executive Secretary, Foreign-Trade Zones Board, U.S. Department of Commerce, Room 2111, 1401 Constitution Ave. NW, Washington, DC 20230. For further information, contact Elizabeth Whiteman at Elizabeth_Whiteman@ita.doc.gov or
(202)482-0473. Dated: December 4, 2007. Andrew McGilvray, Executive Secretary. [FR Doc. E7-24185 Filed 12-12-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-201-820] Fresh Tomatoes From Mexico AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of intent to terminate suspension agreement, intent to terminate the five-year sunset review, and intent to resume antidumping investigation: fresh tomatoes from Mexico. SUMMARY: On November 26, 2007, Mexican tomato growers accounting for a large percentage of all fresh tomatoes imported into the United States from Mexico provided written notice to the Department of Commerce of their withdrawal from the agreement suspending the antidumping investigation on fresh tomatoes from Mexico. Because the suspension agreement will no longer cover substantially all imports of fresh tomatoes from Mexico, the Department of Commerce intends to terminate the suspension agreement, terminate the five-year sunset review, and resume the antidumping investigation. DATES: *Effective Date:* December 13, 2007. FOR FURTHER INFORMATION CONTACT: Judith Wey Rudman or Jay Carreiro at
(202)482-0192 or
(202)482-3674, respectively; Office of Policy, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230. Applicable Statute and Regulations Unless otherwise indicated, all citations to the statute are references to the provisions effective January 1, 1995, the effective date of the amendments made to the Tariff Act of 1930 (the Act) by the Uruguay Round Agreements Act. In addition, unless otherwise indicated, all citations to Department of Commerce (Department) regulations refer to the regulations codified at 19 CFR part 353 (1996). SUPPLEMENTARY INFORMATION: Background On April 18, 1996, the Department initiated an antidumping investigation to determine whether imports of fresh tomatoes from Mexico are being, or are likely to be, sold in the United States at less than fair value
(LTFV)(61 FR 18377, April 25, 1996). On May 16, 1996, the United States International Trade Commission
(ITC)notified the Department of its affirmative preliminary injury determination. On October 10, 1996, the Department and Mexican tomato growers initialed a proposed agreement to suspend the antidumping investigation. On October 28, 1996, the Department preliminarily determined that imports of fresh tomatoes from Mexico are being sold at LTFV in the United States. *See Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Fresh Tomatoes from Mexico,* 61 FR 56608 (November 1, 1996) (“ *Preliminary Determination* ”). On the same day on which the Department issued the *Preliminary Determination* , the Department and certain growers/exporters of fresh tomatoes from Mexico signed an agreement to suspend the investigation (1996 Suspension Agreement). *See Suspension of Antidumping Investigation: Fresh Tomatoes from Mexico* , 61 FR 56618 (November 1, 1996). On May 31, 2002, Mexican tomato growers/exporters accounting for a significant percentage of all fresh tomatoes imported into the United States from Mexico provided written notice to the Department of their withdrawal from the 1996 Suspension Agreement, effective July 30, 2002. Because the 1996 Suspension Agreement would no longer cover substantially all imports of fresh tomatoes from Mexico, effective July 30, 2002, the Department terminated the 1996 Suspension Agreement, terminated the sunset review of the suspended investigation, and resumed the antidumping investigation. *See Notice of Termination of Suspension Agreement, Termination of Sunset Review, and Resumption of Antidumping Investigation: Fresh Tomatoes from Mexico,* 67 FR 50858 (August 6, 2002). On November 8, 2002, the Department and Mexican tomato growers/exporters initialed a proposed agreement suspending the resumed antidumping investigation on imports of fresh tomatoes from Mexico. On December 4, 2002, the Department and certain growers/exporters of fresh tomatoes from Mexico signed a new suspension agreement (“2002 Suspension Agreement”). *See Suspension of Antidumping Investigation: Fresh Tomatoes From Mexico,* 67 FR 77044 (December 16, 2002). On November 3, 2003, the Department published the *Final Results of Analysis of Reference Prices and Clarifications and Corrections; Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes From Mexico,* 68 FR 62281 (November 3, 2003). On November 26, 2007, Mexican tomato growers/exporters accounting for a significant percentage of all fresh tomatoes imported into the United States from Mexico provided written notice to the Department of their withdrawal from the 2002 Suspension Agreement. Scope of the Investigation The merchandise subject to this investigation is all fresh or chilled tomatoes (fresh tomatoes) which have Mexico as their origin, except for those tomatoes which are for processing. For purposes of this investigation, processing is defined to include preserving by any commercial process, such as canning, dehydrating, drying, or the addition of chemical substances, or converting the tomato product into juices, sauces, or purees. Fresh tomatoes that are imported for cutting up, not further processing ( *e.g.* , tomatoes used in the preparation of fresh salsa or salad bars), are covered by this Agreement. Commercially grown tomatoes, both for the fresh market and for processing, are classified as Lycopersicon esculentum. Important commercial varieties of fresh tomatoes include common round, cherry, grape, plum, greenhouse, and pear tomatoes, all of which are covered by this investigation. Tomatoes imported from Mexico covered by this investigation are classified under the following subheadings of the Harmonized Tariff Schedules of the United States (HTSUS), according to the season of importation: 0702 and 9906.07.01 through 9906.07.09. Although the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Intent To Terminate Suspension Agreement and Resume the Antidumping Investigation On November 26, 2007, Mexican tomato growers/exporters accounting for a significant percentage of all fresh tomatoes imported into the United States from Mexico provided written notice to the Department of their withdrawal from the 2002 Suspension Agreement, effective 90 days from the date of their withdrawal letter, or earlier, at the Department's discretion. Based on the withdrawal of the growers/exporters accounting for a significant percentage of exports of tomatoes to the United States from the 2002 Suspension Agreement, the 2002 Suspension Agreement will no longer cover substantially all imports of fresh tomatoes from Mexico. Accordingly, the Department intends to terminate the 2002 Suspension Agreement, effective no later than February 24, 2008. Intent To Resume Antidumping Investigation With the termination of the suspension agreement, in accordance with section 734(i)(1)(B) of the Act, the Department intends to resume the underlying antidumping investigation. Pursuant to section 734(i)(1)(B) of the Act, the Department intends to resume the investigation as if it had published the affirmative preliminary determination under section 733(b) of the Act on the effective date of the termination. As explained in the *Preliminary Determination* at 61 FR 56609, the Department postponed the final determination until the 135th day after the date of the preliminary determination. The Department therefore intends to make its final determination in the resumed investigation within 135 days of termination of the 2002 Suspension Agreement. Intent To Terminate the Five-Year Sunset Review On November 1, 2007, the Department initiated a five-year sunset review of the suspended antidumping investigation on fresh tomatoes from Mexico pursuant to section 751(c) of the Act ( *See Initiation of Five-Year (“Sunset”) Reviews,* 72 FR 61861 (November 1, 2007). If the Department terminates the 2002 Suspension Agreement, there will no longer be a suspended investigation of which to perform a sunset review. Therefore, the Department announces its intent to terminate the sunset review of the suspended LTFV investigation on fresh tomatoes from Mexico, effective on the date of termination of the 2002 Suspension Agreement. International Trade Commission The Department has notified the International Trade Commission
(ITC)of its intent to terminate the 2002 Suspension Agreement and resume the LTFV investigation. If the Department makes a final affirmative determination, the ITC is scheduled to make its final determination concerning injury within 45 days after publication of the Department's final determination. If both the Department's and the ITC's final determinations are affirmative, the Department will issue an antidumping duty order. Suspension of Liquidation The Department will instruct U.S. Customs and Border Protection
(CBP)to suspend liquidation of entries of fresh tomatoes from Mexico that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the termination of the 2002 Suspension Agreement. CBP shall require antidumping duty cash deposits or bonds for entries of the subject merchandise based on the preliminary dumping margins, which range from 4.16 to 188.45 percent. Administrative Protective Order Access Administrative protective orders previously granted in the original investigation will remain in effect. Any necessary amendments for changes in staff must be submitted promptly. Parties must use the APO application form in effect at the time of the original investigation, Form ITA-367 (3.89). This determination is issued and published in accordance with section 733(f) of the Act (19 U.S.C. 1673b(f)) and 19 CFR 353.15(1996). Dated: December 7, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7-24187 Filed 12-12-07; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-421-811] Purified Carboxymethylcellulose from the Netherlands: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 7, 2007, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on purified carboxymethylcellulose
(CMC)from the Netherlands. The period of review
(POR)is December 27, 2004, through June 30, 2006. We received comments from interested parties and have made changes to the margin for the final results. The final margin for the respondent is listed below in the section entitled “Final Results of Review.” EFFECTIVE DATE: December 13, 2007. FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Angelica Mendoza, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-0193 or
(202)482-3019, respectively. SUPPLEMENTARY INFORMATION: Background On August 7, 2007, the Department published the preliminary results of the administrative review of the antidumping duty order on CMC from the Netherlands. *See Purified Carboxymethylcellulose from the Netherlands; Preliminary Results of Antidumping Duty Administrative Review* , 72 FR 44099 (August 7, 2007) ( *Preliminary Results* ). On August 7, 2007, the Department issued an additional supplemental questionnaire to CP Kelco B.V. and Noviant B.V. (collectively, CP Kelco), respondent in this administrative review, requesting that it report third country and U.S. sales factoring expenses on a transaction-specific basis to the Department. CP Kelco submitted its response on August 15, 2007. *See* Letter from Arent Fox, LLP to the Secretary of Commerce dated August 15, 2007 (Factoring Expenses Supplemental Response). For a further discussion of CP Kelco's factoring expenses, *see* “Changes Since the Preliminary Results” section below. We invited interested parties to comment on the *Preliminary Results* . On September 6, 2007, CP Kelco filed with the Department its case brief on the *Preliminary Results* . On September 11, 2007, The Aqualon Company, a division of Hercules Incorporated (petitioner) filed its rebuttal brief to CP Kelco's September 6, 2007, case brief. We received no requests for a public hearing from the parties. Scope of the Antidumping Duty Order The merchandise covered by the order is all purified CMC, sometimes also referred to as purified sodium CMC, polyanionic cellulose, or cellulose gum, which is a white to off-white, non-toxic, odorless, biodegradable powder, comprising sodium CMC that has been refined and purified to a minimum assay of 90 percent. Purified CMC does not include unpurified or crude CMC, CMC Fluidized Polymer Suspensions, and CMC that is cross-linked through heat treatment. Purified CMC is CMC that has undergone one or more purification operations, which, at a minimum, reduce the remaining salt and other by-product portion of the product to less than ten percent. The merchandise subject to this order is currently classified in the Harmonized Tariff Schedule of the United States at subheading 3912.31.00. This tariff classification is provided for convenience and customs purposes; however, the written description of the scope of this order is dispositive. Analysis of Comments Received All issues raised in the briefs are addressed in the “Issues and Decision Memorandum for the Final Results of the First Antidumping Duty Administrative Review of Purified Carboxymethylcellulose from the Netherlands,” dated December 3, 2007 (Issues and Decision Memorandum), which is hereby adopted by this notice. A list of the issues raised, all of which are in the Issues and Decision Memorandum, is attached to this notice as Appendix I. Parties can find a complete discussion of all issues raised in the briefs and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit (CRU), room B-099 of the Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Web at http://www.trade.gov/ia/. The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on the comments received from the interested parties, we have made changes to the margin calculation for CP Kelco, which include corrections to clerical errors made at the *Preliminary Results* with regard to foreign currency conversions. Additionally, as stated above, CP Kelco submitted its Factoring Expenses Supplemental Response on August 15, 2007. Petitioner did not comment on these data in its case and rebuttal briefs. Following our review of these data, we have determined that it is appropriate to revise our calculation of both comparison market and U.S. market net price using the transaction-specific factoring expenses ( *i.e.* , transaction fees charged to CP Kelco by its affiliated financial institution for purchasing CP Kelco's account receivables and remitting payment to CP Kelco at an earlier date than payment would have been otherwise received from the invoiced customer) reported by CP Kelco in the Factoring Expenses Supplemental Response. For a discussion of the changes to the margin calculations for CP Kelco, *see* Memorandum to the File entitled, “First Antidumping Duty Administrative Review of Purified Carboxymethylcellulose from the Netherlands: Analysis Memorandum for the Final Results of Review for CP Kelco B.V.,” from Stephen Bailey, Case Analyst, dated December 3, 2007 (Final Analysis Memo). A public version of this memorandum is on file in the CRU. Final Results of Review In the *Preliminary Results* , we preliminarily determined that CP Kelco B.V., as it alleged, is the successor-in-interest to the former Noviant B.V. for purposes of this proceeding and application of the antidumping law. We did not receive comments on this issue and have no reason to change our findings from the *Preliminary Results* . For a complete discussion of our successorship analysis, *see Preliminary Results* at 44101. Accordingly, we determine that CP Kelco B.V. is the successor-in-interest to Noviant B.V., and that the following antidumping duty margin exists for the period December 27, 2004, through June 30, 2006: Manufacturer/Exporter Weighted-Average Margin (Percent) CP Kelco B.V. 4.59 Assessment Rates The Department will determine, and U.S. Customs and Border Protection
(CBP)shall assess, antidumping duties on all appropriate entries. Pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.212(b), the Department calculates an assessment rate for each importer of the subject merchandise covered by the review. Upon issuance of the final results of this review, if any importer-specific assessment rates calculated in the final results are above *de minimis* ( *i.e.* , at or above 0.50 percent), we will issue appraisement instructions directly to CBP to assess antidumping duties on appropriate entries by applying the assessment rate to the entered value of the merchandise. To determine whether the duty-assessment rate covering the period is *de minimis* , in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we have calculated an importer-specific assessment *ad valorem* rate by aggregating the dumping margins calculated for all U.S. sales to the importers of CP Kelco's subject merchandise and dividing this amount by the total entered value of the sales to that importer. Where the importer-specific *ad valorem* rate is greater than *de minimis* , we will instruct CBP to apply the assessment rate to the entered value of the importer's entries during the POR. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. The Department clarified its “automatic assessment” regulation on May 6, 2003. *See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties* , 68 FR 23954 (May 6, 2003) ( *Assessment Policy Notice* ). This clarification will apply to entries of subject merchandise during the POR produced by CP Kelco, for which CP Kelco did not know that the merchandise it sold to an intermediary ( *e.g.* , a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no company-specific rate for an intermediary involved in the transaction. *See Assessment Policy Notice* for a full discussion of this clarification. Cash-Deposit Requirements The following deposit requirements will be effective upon publication of these final results of this administrative review for all shipments of CMC from the Netherlands that are entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, as provided by section 751(a)(2)(C) of the Act:
(1)the cash-deposit rate for CP Kelco will be 4.59 percent;
(2)for merchandise exported by producers or exporters that were previously investigated, the cash deposit will continue to be the most recent rate published in the final determination for which the producer or exporter received an individual rate;
(3)if the exporter is not a firm covered in this review or the original less-than-fair-value investigation
(LTFV)but the manufacturer is, the cash-deposit rate will be the rate established for the most recent period for the manufacturer of the subject merchandise; and
(4)if neither the exporter nor the manufacturer is a firm covered in this review or the LTFV investigation, the cash-deposit rate shall be 14.57 percent, the all-others rate established in the less-than-fair-value investigation. *See Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethylcellulose from the Netherlands* , 70 FR 28275 (May 17, 2005). These cash-deposit requirements shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as the only reminder to parties subject to administrative protective orders
(APO)of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation that is subject to sanction. These final results of administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 3, 2007. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. Appendix I *Comment 1:* Alleged Errors Regarding Foreign Currency Conversions *Comment 2:* Excluded Constructed Export Price Sales *Comment 3:* Zeroing of Non-Dumping Margins [FR Doc. E7-24186 Filed 12-12-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Consent Motion To Terminate Panel Review AGENCY: NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of Consent Motion to Terminate Panel Review of the Final Injury Determination Under Section 129 of the Uruguay Round Agreements Act made by the International Trade Commission, respecting Certain Softwood Lumber from Canada (Secretariat File No. USA-CDA-2005-1904-03). SUMMARY: Pursuant to the Notice of Consent Motion to Terminate the Panel Review by the case participants, the panel review is terminated as of December 7, 2007. Pursuant to Rule 71(2) of the *Rules of Procedure for Article 1904 Binational Panel Review* , this panel review is terminated. FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230,
(202)482-5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade Agreement (“Agreement”) establishes a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by independent binational panels. When a Request for Panel Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination. Under Article 1904 of the Agreement, which came into force on January 1, 1994, the Government of the United States, the Government of Canada and the Government of Mexico established *Rules of Procedure for Article 1904 Binational Panel Reviews* (“Rules”). These Rules were published in the **Federal Register** on February 23, 1994 (59 FR 8686). The panel review in this matter was requested and terminated pursuant to these Rules. Dated: December 10, 2007. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E7-24162 Filed 12-12-07; 8:45 am] BILLING CODE 3510-GT-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE31 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit
(EFP)AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notification of a proposal for an EFP to conduct experimental fishing; request for comments. SUMMARY: The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator) has made a preliminary determination that the subject EFP application submitted by Truex Enterprises contains all the required information and warrants further consideration. The proposed EFP would test the safety and efficacy of harvesting surfclams and ocean quahogs from the Atlantic surfclam and ocean quahog Georges Bank
(GB)Closure Area using a harvesting protocol developed by state and Federal regulatory agencies and endorsed by the U.S. Food and Drug Administration (FDA). The Assistant Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Atlantic Surfclam and Ocean Quahog regulations and Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue the EFP. Therefore, NMFS announces that the Assistant Regional Administrator proposes to recommend that an EFP be issued that would allow one commercial fishing vessel to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. The EFP would allow for an exemption from the Atlantic surfclam and ocean quahog GB Closure Area. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs. DATES: Comments on this document must be received on or before December 28, 2007. ADDRESSES: Comments on this notice may be submitted by e-mail. The mailbox address for providing e-mail comments is *DA6114C@noaa.gov* . Include in the subject line of the e-mail comment the following document identifier: “Comments on GB PSP Closed Area Exemption.” Written comments should be sent to Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope “Comments on GB PSP Closed Area Exemption.” Comments may also be sent via facsimile
(fax)to
(978)281-9135. Copies of supporting documents referenced in this notice are available from George H. Darcy, Assistant Regional Administrator, National Marine Fisheries Service, 1 Blackburn Drive, Gloucester, MA 01930, and are available via the Internet at *http://www.nero.noaa.gov/sfd/clams* . FOR FURTHER INFORMATION CONTACT: Brian Hooker, Fishery Policy Analyst, phone 978-281-9220. SUPPLEMENTARY INFORMATION: Truex Enterprises of New Bedford, MA, first submitted an application for an EFP on March 30, 2006, and public comment was solicited via the **Federal Register** on June 19, 2006 (71 FR 35254). On October 2, 2006, the applicant submitted additional information seeking to add states where the product harvested under the EFP could be landed. Comments for the revised EFP were published on November 14, 2006 (71 FR 66311). At that time, due to lack of concurrence on the Protocol for Onboard Screening and Dockside Testing for PSP Toxins in Molluscan Shellfish (Protocol) from the state of landing, the EFP was not issued. The applicant has since received concurrence from the state of landing and the state where the product is to be processed for the Protocol and EFP, thus the applicant has re-initiated the EFP application. The exempted fishing application requests authorization to allow the catch and retention for sale of Atlantic surfclams and ocean quahogs from within the Atlantic surfclam and ocean quahog GB Closure Area. This area, located east of 69°00 W. long. and south of 42°20 N. lat., has been closed since May 25, 1990. This closure was implemented based on advice from the FDA after samples of surfclams from the area tested positive for the toxins (saxotoxins) that cause Paralytic Shellfish Poisoning (PSP). These toxins are produced by the algae *Alexandrium fundyense* , which can form blooms commonly referred to as red tides. Red tide blooms, also known as harmful algal blooms (HABs), can produce toxins that accumulate in filter-feeding shellfish. Shellfish contaminated with the saxotoxin, if eaten in large enough quantity, can cause illness or death from PSP. Due, in part, to the inability to test and monitor this area for the presence of PSP, this closure was made permanent through Amendment 12 to the FMP in 1999. The primary goal of the proposed study is to test the efficacy of the Protocol that was developed by state and Federal regulatory agencies to test for presence of saxotoxins in shellfish. This protocol would facilitate the harvest of shellfish from waters susceptible to HABs, which produce the saxotoxins, but that are not currently under rigorous water quality monitoring programs by either state or Federal management agencies. The Protocol details procedures and reporting for harvesting, testing, and landing of shellfish harvested from areas that are susceptible to HABs prior to the shellfish from entering commerce. A copy of the Protocol is available from the NMFS Northeast Region website: *http://www.nero.noaa.gov/sfd/clams* . The proposed project would conduct a trial for the sampling protocol in an exemption zone within the larger 1990 GB Closure Area with the F/V Sea Watcher I. The exemption zone would not include any Northeast multispecies or essential fish habitat year-round closure areas. This proposed exempted fishing activity would occur from approximately December 2007 through November 2008, using surfclam and ocean quahog quota allocated to Truex Enterprises under the Federal individual transferable quota
(ITQ)program. The applicant has estimated a harvest of 176,000 bushels (9,370,240 L) of surfclams and 80,000 bushels (4,259,200 L) of ocean quahogs from the exemption area. The exemption area was tested in cooperation with the FDA in the winter of 2006. No samples collected during that time were above acceptable levels for saxotoxins (80μg toxin/100g of shellfish). The applicant has obtained endorsements for the EFP and the Protocol from the States of New Jersey and Delaware, the states in which it intends to land and process the product harvested under the EFP, respectively. Each state is responsible for regulating the molluscan shellfish industry within its jurisdiction and ensuring the safety of shellfish harvested within or entering its borders. This EFP would allow for an exemption from the Atlantic surfclam and ocean quahog GB Closure Area specified at 50 CFR 648.73(a)(4). Comments received during the comment period for the EFP notice published on June 19, 2006 (71 FR 35254), were addressed in the November 14, 2006, notice. During the comment period for the EFP as re-proposed on November 14, 2006 (71 FR 66311), NMFS received two comments. The two commenters were opposed to the issuance of the EFP until concerns regarding the dockside sampling protocol could be resolved. Although adherence to the dockside monitoring protocol would be a condition of the EFP, NMFS is not the author of the protocol, nor the Federal agency responsible for matters of public health. Thus, NMFS defers to the FDA to respond to issues regarding the dockside monitoring protocol. A letter dated July 25, 2007, from the FDA to the Massachusetts Department of Public Health (Department), addressed 14 concerns raised by the Department. In addition, the FDA has amended the Protocol in response to concerns raised by state shellfish control authorities. The most recent version was issued in August 2007. These documents are available from the Regional Administrator and via the Internet (see ADDRESSES ). The Protocol and the pilot project that would be authorized by this EFP have also since been endorsed by the executive board of the Interstate Shellfish Sanitation Conference. Authority: 16 U.S.C. 1801 *et seq.* Dated: December 7, 2007. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-24074 Filed 12-12-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE Department of the Army Army Science Board Plenary Meeting AGENCY: Department of the Army, DoD. ACTION: Notice of open meeting. SUMMARY: Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (U.S.C. 552b, as amended) and 41 Code of the Federal Regulations (CFR 102-3. 140 through 160, the Department of the Army announces the following committee meeting: *Name of Committee:* Army Science Board (ASB). *Date(s) of Meeting:* January 15 & 16, 2008. *Time(s) of Meeting:* 0800-1700, January 15, 2008. 0800-1600, January 16, 2008. *Place of Meeting:* University of Maryland University College
(UMUC)Inn and Conference Center, Adelphi, MD. 3501 University Boulevard E, Adelphi, MD. FOR FURTHER INFORMATION CONTACT: For information please contact Ms. Sharon Harvey at *sharon.harvey1@us.army.mil* or
(703)604-7466 or Mr. Wayne Joyner at *wayne.joyner@saalt.army.mil* or
(703)604-7490. SUPPLEMENTARY INFORMATION: *Proposed Agenda:* The Army Science Board will meet on January 15 & 16, 2008 at the University of Maryland University College
(UMUC)Inn and Conference Center. Purpose of the meeting on both days is to allow each study; Generation Force Functional Census, Institutionalized Lifecycle Management of Innovation Organizations, Information Operations, and Persistent CSR to collect data and hold discussions as it relates to each individual study. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. E7-24151 Filed 12-12-07; 8:45 am] BILLING CODE 3710-08-P DEPARTMENT OF DEFENSE Department of the Army Conservation Measures for Transfer of Federal Land at Parks Reserve Forces Training Area, Dublin, CA AGENCY: Department of the Army, DoD. ACTION: Notice of requirement. SUMMARY: Pursuant to the proposed conservation measures found within the U.S. Fish and Wildlife Service Biological Opinion #1106F1752 dated December 18, 2006, acceptance of any portion of the 170.5-acre land exchange property located at Parks Reserve Forces Training Area (PFRTA), Dublin, CA is conditioned on the developer engaging the U.S. Fish and Wildlife Service in Section 7 or Section 10 Endangered Species Act consultation prior to the development of the aforementioned land. This consultation requirement is because of the potential loss of habitat and potential for take of the endangered San Joaquin Kit Fox ( *Vulpes macrotis mutica* ), the threatened California red-legged frog ( *Rana aurora draytonii* ), and the threatened California tiger salamander ( *Ambystoma californiense* ). ADDRESSES: Public Affairs Office, U.S. Army CTSC, Camp Parks, 790 5th Street, Dublin, CA 94568-5201. FOR FURTHER INFORMATION CONTACT: Amy Phillips,
(925)875-4298, *amy.phillips@usar.army.mil.* SUPPLEMENTARY INFORMATION: A Request for Proposal
(RFP)regarding the 170.5-acre land exchange property will be available upon request. Kevin R. Riedler, Colonel, U.S. Army, Commanding. [FR Doc. E7-24193 Filed 12-12-07; 8:45 am] BILLING CODE 3710-08-P DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers Intent to Prepare a Draft Environmental Impact Statement for Expansion of Lake Worth Inlet (Palm Beach Harbor), FL AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD. COOPERATING AGENCY: Port of Palm Beach District, Riviera Beach, Florida. ACTION: Notice of intent. SUMMARY: The Jacksonville District, U.S. Army Corps (Corps) of Engineers intends to prepare a Draft Environmental Impact Statement
(EIS)for expansion, including widening and deepening of existing channels and turning basins in Lake Worth Inlet (Palm Beach Harbor). The project is a cooperative effort between the U.S. Army Corps of Engineers (lead Federal agency) and Port of Palm Beach District (non-Federal sponsor and cooperating agency). ADDRESSES: Ms. Catherine L. Brooks, U.S. Army Corps of Engineers, Jacksonville District, Planning Division, Environmental Section, P.O. Box 4970, Jacksonville, FL 32207. FOR FURTHER INFORMATION CONTACT: Catherine L. Brooks at
(904)232-2130. SUPPLEMENTARY INFORMATION: Authority for the proposed study was received under the House Resolution of June 25, 1998. An expedited Reconnaissance Report completed in 2001 by the Corps, concluded based on preliminary findings, there was a federal interest in pursuing harbor improvements. *Alternatives:* The project's expansion alternatives include no action, creation of channel flares, wideners, deepening, turning basin, or a combination of the considered alternatives. Alternatives being considered for disposal of dredged material include Peanut Island (with possible off-load to another use or location), ocean disposal in the Palm Harbor Ocean Dredged Material Disposal Site (which may require expansion or modification), beach placement (if there is sufficient beach compatible material), artificial reef (if there is sufficient suitable rock) and any other disposal or beneficial use options that may become available. *Issues:* The EIS will consider impacts on coral reefs and other hardbottom communities, sea grasses, protected species, shore impacts, health and safety, water quality, aesthetics and recreation, fish and wildlife resources, cultural resources, energy conservation, socio-economic resources, navigation, and other impacts identified through scoping, public involvement and interagency coordination. *Scoping:* The scoping process will involve Federal, State, County and municipal agencies and other interested persons and organizations. A public and agency scoping meeting will be held on January 9, 2008, at 3 p.m. at the Port of Palm Beach, One East 11 th Street, Riviera Beach, FL 33404. *Public Involvement:* We invite the participation of affected Federal, State and local agencies, affected Native-American Tribes, and other interested private organizations and individuals. In addition to the agency and public scoping meeting on January 9, 2008, and receipt of written comments at various stages of the Feasibility Study, there will be a public meeting on the Draft Environmental Impact Statement following its preparation. The date, time, and location will be announced. *Coordination:* The proposed action is being coordinated with the U.S. Fish and Wildlife Service
(FWS)and NOAA-National Marine Fisheries Service (under Section 7 of the Endangered Species Act) and the Wildlife Coordination Act (FWS only). The proposed action is also being coordinated with the Florida State Historic Preservation Officer, the U.S. Coast Guard, and the U.S. Environmental Protection Agency. *Other Environmental Review and Consultation:* The proposed action would involve evaluation for compliance with guidelines pursuant to Section 404(b)(1) of the Clean Water Act, water quality certification (application to the State of Florida) pursuant to Section 401 of the Clean Water Act, certification of state lands, easements, and rights-of-way, determination of Coastal Zone Management Act Consistency, and the use of the Ocean Dredged Material Disposal Site for Palm Beach Harbor pursuant to the Marine Protection, Research, and Sanctuaries Act (Ocean Dumping Act). *Agency Role:* As the cooperating agency, non-Federal sponsor and leading local expert, the Port of Palm Beach will provide information and assistance on the resources to be impacted, mitigation measures and alternatives. Other agencies having either regulatory authority or special expertise may also be invited to become a cooperating agency in preparation of the EIS. *Draft EIS Preparation:* It is estimated that the Draft EIS will be available to the public by November 2008. As the study and EIS develop, additional information will be posted under Palm Beach County on the Jacksonville District's Environmental Documents web page at: *http://planning.saj.usace.army.mil/envdocs/envdocsb.htm* . The status of any Florida Department of Environmental Protection application submitted for permit of this action will be posted on the internet at: *http://www.dep.state.fl.us/beaches/permitting/permits.htm* . Dated: December 6, 2007. Marie G. Burns, Acting Chief, Planning Division. [FR Doc. E7-24150 Filed 12-12-07; 8:45 am] BILLING CODE 3710-AJ-P DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers U.S. Army Corps of Engineers (Corps) Regulatory Guidance Letter
(RGL)07-02: Exemptions for Construction or Maintenance of Irrigation Ditches and Maintenance of Drainage Ditches under Section 404 of the Clean Water Act
(CWA)AGENCY: U.S. Army Corps of Engineers, Department of Defense. ACTION: Notice of availability. SUMMARY: The Corps issued RGL 07-02 to further explain the regulatory exemptions for construction or maintenance of irrigation ditches and maintenance of drainage ditches consistent with Section 404(f) of the CWA (33 U.S.C. 1251 et seq.) and implementing regulations. Specifically, the RGL clarifies when Section 404(f) exempts from permitting requirements discharges of dredged or fill material into waters of the United States associated with the construction and maintenance of irrigation ditches and maintenance of drainage ditches. The RGL also clarifies how certain terms in the regulations at 33 CFR 323.4 are applied in the context of the Sections 404(f) exemptions, including irrigation ditch, drainage ditch, construction, and maintenance. In addition, the guidance provides a framework for determining the applicability of the exemptions and the recapture provision, consistent with the CWA and implementing regulations. This RGL was effective July 4, 2007. DATES: Comments must be received on or before February 11, 2008. ADDRESSES: Submit your comments, identified by docket number COE-2007-0038, by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: Kimberly.S.McLaughlin@usace.army.mil* . Include the docket number, COE-2007-0038 in the subject line of the message. • *Mail:* 441 G Street, NW., Washington, DC 20314. • *Hand Delivery:* 441 G Street, NW., Washington, DC 20314. Such deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to docket number COE-2007-0038. The Corps's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” system, which means the Corps will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to the Corps without going through *www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the Corps recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If the Corps cannot read your comment due to technical difficulties and cannot contact you for clarification, the Corps may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket:* All documents in the docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at 441 G Street, NW., Washington, DC 20314. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Kim McLaughlin, Regulatory Community of Practice (CECW-CO), U.S. Army Corps of Engineers, Headquarters, 441 G Street, NW., Washington, DC 20314; telephone number:
(202)761-7763; fax number:
(202)761-5096; e-mail address: *Kimberly.S.McLaughlin@usace.army.mil* . SUPPLEMENTARY INFORMATION: I. General Information The Corps is requesting public comment on RGL 07-02, which is available at: *http://www.usace.army.mil/cw/cecwo/reg/rgls/rgl07-02.pdf* . At the same time, the Corps appreciates that the public has considerable interest in the issues addressed in this guidance. The Corps is particularly interested in hearing from the public regarding their actual experience with implementing the guidance. The Corps is providing a 60-day public comment period, and encourages the public to provide comments informed by actual experience. To assure the public of our commitment to carefully consider their comments, and to address issues that may unexpectedly arise during implementation of the guidance, the Corps may within one year from the date of issuance reissue, revise, or suspend the guidance. The Corps intends to provide examples and best management practices, including clarification of key terminology, upon receipt and consideration of public comments. Dated: December 4, 2007. Michael G. Ensch, Chief, Operations, Directorate of Civil Works. [FR Doc. E7-24191 Filed 12-12-07; 8:45 am] BILLING CODE 3710-92-P DEPARTMENT OF EDUCATION Office of Safe and Drug-Free Schools; Overview Information; Elementary and Secondary School Counseling Programs; Notice Inviting Applications for New Awards for Fiscal Year
(FY)2008 Catalog of Federal Domestic Assistance
(CFDA)Number: 84.215E. DATES: Applications Available: December 13, 2007. Deadline for Transmittal of Applications: January 28, 2008. Deadline for Intergovernmental Review: March 27, 2008. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The purpose of the Elementary and Secondary School Counseling Program is to support efforts by local educational agencies
(LEAs)to establish or expand elementary school and secondary school counseling programs. *Priority:* In accordance with 34 CFR 75.105(b)(2)(iv), this priority is from section 5421 of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001
(ESEA)(20 U.S.C. 7245). *Absolute Priority:* For FY 2008 and any subsequent year in which we make awards from the list of unfunded applicants from this competition, this priority is an absolute priority. Under 34 CFR 75.105(c)(3) we consider only applications that meet this priority. This priority is: Establish or expand counseling programs in elementary schools, secondary schools, or both. *Definitions:* The following definitions are from 34 CFR part 77 and apply to this competition: *Elementary school* means a day or residential school that provides elementary education, as determined under State law. *Secondary school* means a day or residential school that provides secondary education, as determined under State law. In the absence of State law, the Secretary may determine, with respect to that State, whether the term includes education beyond the twelfth grade. *Program Authority:* 20 U.S.C. 7245. *Applicable Regulations:*
(a)The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 80, 81, 82, 84, 85, 97, 98, 99, and 299.
(b)The notice of final eligibility requirement for the Office of Safe and Drug-Free Schools discretionary grant programs published in the **Federal Register** on December 4, 2006 (71 FR 70369). Note: The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes. II. Award Information *Type of Award:* Discretionary grants. *Estimated Available Funds:* The Administration's budget request for FY 2008 does not include funds for this program. However, we are inviting applications to allow enough time to complete the grant process before the end of the current fiscal year, if Congress appropriates funds for this program. Contingent upon the availability of funds and the quality of applications, we may make additional awards later in FY 2008 and in FY 2009 from the list of unfunded applicants from this competition. *Estimated Range of Awards:* $250,000-$400,000. *Estimated Average Size of Awards:* $350,000. *Maximum Award:* $400,000. Note: Section 5421(a)(5) of ESEA limits the amount of a grant under this program in any one year to a maximum of $400,000. *Estimated Number of Awards:* 50. Note: Section 5421(g)(1) of ESEA requires that for any fiscal year in which the amount of funds made available by the Secretary for this program equals or exceeds $40,000,000, the Secretary shall award not less than $40,000,000 to enable LEAs to establish or expand counseling programs in elementary schools. Under this notice applicants may propose projects that establish or expand counseling programs in elementary schools, secondary schools, or both. Note: We will use the highest grade an applicant proposes to serve under its grant to determine if the application will be considered for funding from amounts available for elementary school counseling programs only or from amounts available for elementary or secondary school counseling programs (or both), along with the applicant State's law that defines what grade levels constitute an elementary school in the State. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 36 months. III. Eligibility Information 1. *Eligible Applicants:*
(a)LEAs, including charter schools that are considered LEAs under State law.
(b)LEAs that currently have an active grant under the Elementary and Secondary School Counseling Program are not eligible to apply for an award in this competition. For the purpose of this eligibility requirement, a grant is considered active until the end of the grant's project or funding period, including any extensions of those periods that extend the grantee's authority to obligate funds. 2.a. *Cost Sharing or Matching:* This program does not require cost sharing or matching. b. *Supplement-Not-Supplant:* This program has supplement-not-supplant funding requirements. Section 5421(b)(2)(G) of ESEA requires applicants under this program to assure that program funds will be used to supplement, and not supplant, any other Federal, State, or local funds used for providing school-based counseling and mental health services to students. IV. Application and Submission Information 1. *Address to Request Application Package:* You can obtain an application package via the Internet, from the Education Publications Center (ED Pubs), or from the program office. To obtain a copy via the Internet, use the following address: *http://www.ed.gov/programs/elseccounseling/applicant.html.* To obtain a copy from ED Pubs, write, fax, or call the following: Education Publications Center, P.O. Box 1398, Jessup, MD 20794-1398. Telephone, toll free: 1-877-433-7827. FAX:
(301)470-1244. If you use a telecommunications device for the deaf (TDD), call, toll free: 1-877-576-7734. You can contact ED Pubs at its Web site also: *http://www.ed.gov/pubs/edpubs.html* or at its e-mail address: *edpubs@inet.ed.gov.* If you request an application from ED Pubs, be sure to identify this program as follows: CFDA number 84.215E. To obtain a copy from the program office, contact: Loretta McDaniel, U.S. Department of Education, 400 Maryland Avenue, SW., room 3E214, Washington, DC 20202-6450. Telephone:
(202)260-2661 or by e-mail: *Loretta.McDaniel@ed.gov* If you use a TDD, call the Federal Relay Service (FRS), toll free, at 1-800-877-8339. Individuals with disabilities can obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the program contact person listed in this section. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this program. 3. *Submission Dates and Times:* *Applications Available:* December 13, 2007. *Deadline for Transmittal of Applications:* January 28, 2008. Applications for grants under this program may be submitted electronically using the Grants.gov Apply site (Grants.gov), or in paper format by mail or hand delivery. For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery, please refer to section IV.6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice. *Deadline for Intergovernmental Review:* March 27, 2008. 4. *Intergovernmental Review:* This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this program. 5. *Funding Restrictions:* Section 5421(d) of ESEA requires that no more than four percent of a grant award may be used for administrative costs to carry out the project. We reference additional regulations outlining funding restrictions in the *Applicable Regulations* section in this notice. 6. *Other Submission Requirements:* Applications for grants under this program may be submitted electronically or in paper format by mail or hand delivery. a. *Electronic Submission of Applications* . To comply with the President's Management Agenda, we are participating as a partner in the Governmentwide Grants.gov Apply site. The Elementary and Secondary School Counseling Program, CFDA Number 84.215E, is included in this project. We request your participation in Grants.gov. If you choose to submit your application electronically, you must use the Governmentwide Grants.gov site at *http://www.Grants.gov* . Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. You may access the electronic grant application for the Elementary and Secondary School Counseling Program at *http://www.grants.gov* . You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.215, not 84.215E). Please note the following: • Your participation in Grants.gov is voluntary. • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date and time stamped by the Grants.gov system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this program to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf* . • To submit your application via Grants.gov, you must complete all steps in the Grants.gov registration process (see *http://www.grants.gov/applicants/get_registered.jsp* ). These steps include
(1)registering your organization, a multi-part process that includes registration with the Central Contractor Registry (CCR);
(2)registering yourself as an Authorized Organization Representative (AOR); and
(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf* ). You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to submit successfully an application via Grants.gov. In addition you will need to update your CCR registration on an annual basis. This may take three or more business days to complete. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you submit your application in paper format. • If you submit your application electronically, you must submit all documents electronically, including all information you typically provide on the following forms: Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. Please note that two of these forms—the SF 424 and the Department of Education Supplemental Information for SF 424—have replaced the ED 424 (Application for Federal Education Assistance). • If you submit your application electronically, you must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified in this paragraph or submit a password-protected file, we will not review that material. • Your electronic application must comply with any page-limit requirements described in this notice. • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by e-mail. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues With the Grants.gov System:* If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it. If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that the problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. b. *Submission of Paper Applications by Mail* . If you submit your application in paper format by mail (through the U.S. Postal Service or a commercial carrier), you must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.215E), 400 Maryland Avenue, SW., Washington, DC 20202-4260; or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center, Stop 4260, Attention: (CFDA Number 84.215E), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:
(1)A legibly dated U.S. Postal Service postmark.
(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.
(3)A dated shipping label, invoice, or receipt from a commercial carrier.
(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark.
(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery* . If you submit your application in paper format by hand delivery, you (or a courier service) must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.215E), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays. Note for Mail or Hand Delivery of Paper Applications: If you mail or hand deliver your application to the Department—
(1)You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and
(2)The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at
(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for this program are from 34 CFR 75.210 of EDGAR and are listed in the application package. 2. *Review and Selection Process:* Additional factors we consider in selecting an application for an award are from section 5421(a)(3) of ESEA, which requires an equitable geographic distribution among the regions of the United States and among LEAs located in urban, rural, and suburban areas. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notice (GAN). We may notify you informally, also. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section in this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section in this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to *http://www.ed.gov/fund/grant/apply/appforms/appforms.html* . 4. *Performance Measures:* The Department has established the following Government Performance and Results Act of 1993
(GPRA)performance measures for the Elementary and Secondary School Counseling Program:
(1)The percentage of grantees closing the gap between their student/mental health professional ratios and the student/mental health professional ratios recommended by the statute; and
(2)the average number of referrals per grant site for disciplinary reasons in schools participating in the program. These measures constitute the Department's indicators of success for this program. Consequently, we advise an applicant for a grant under this program to give careful consideration to these measures in conceptualizing the approach and evaluation for the applicant's proposed project. Each grantee will be required to provide, in its annual performance and final reports, data about the grantee's progress against these measures. VII. Agency Contacts FOR FURTHER INFORMATION CONTACT: Loretta McDaniel, U.S. Department of Education, 400 Maryland Avenue, SW., room 3E214, Washington, DC 20202-6450. Telephone:
(202)260-2661 or by e-mail: *Loretta.McDaniel@ed.gov* . If you use a TDD, call the FRS, toll free, at 1-800-877-8339. VIII. Other Information *Alternative Format:* Individuals with disabilities can obtain this document and a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice. *Electronic Access to This Document:* You can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister* . To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. You can view this document in text or PDF at the following site: *http://www.ed.gov/programs/elseccounseling/applicant.html* . Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html* . Dated: December 7, 2007. Deborah A. Price, Assistant Deputy Secretary for Safe and Drug-Free Schools. [FR Doc. E7-24183 Filed 12-12-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PR08-7-000] Bay Gas Storage Company, Ltd.; Notice of Petition for Rate Approval December 5, 2007. Take notice that on November 30, 2007, Bay Gas Storage Company, Ltd., (Bay Gas Storage) filed pursuant to section 311 of the Natural Gas Policy Act of 1978, and section 284.123 of the Commission's regulations, a petition for market based rates for continued firm and interruptible storage services, and for new interruptible hub services, including wheeling services, for Bay Gas Storage's operations at its underground salt dome cavern natural gas storage facilities, and related transportation facilities, in Washington and Mobile Counties, Alabama, and a proposed definition of such interruptible transportation wheeling service. Bay Gas Storage states that it does not have market power in any relevant product or geographic market for storage services and has submitted a market power study with its petition, which supports the conclusion that Bay Gas Storage lacks market power. Any person desiring to participate in this rate proceeding must file a motion to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. Eastern Time December 17, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-24099 Filed 12-12-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OA07-44-001] El Paso Electric Company; Notice of Filing December 5, 2007. Take notice that on July 23, 2007, El Paso Electric Company filed an errata to its July 13, 2007 compliance filing. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on December 26, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-24100 Filed 12-12-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PR08-6-000] Houston Pipe Line Company LP; Notice of Petition for Rate Approval December 5, 2007. Take notice that on November 29, 2007, Houston Pipe Line Company LP
(HPL)filed a petition for rate approval pursuant to section 284.123(b)(2) of the Commission's regulations. HPL requests that the Commission approve market-based rates for firm and interruptible storage services provided at its Bammel Storage Facility, Houston, Texas commencing November 28, 2007. Any person desiring to participate in this rate proceeding must file a motion to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. December 17, 2007. Kimberly D. Bose, Secretary. Docket No. PR06-15-000—2 [FR Doc. E7-24101 Filed 12-12-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ID-4348-001] Lochner, Jr., Philip R.; Notice of Filing December 5, 2007. Take notice that on December 5, 2007, Philip R. Lochner, Jr. filed a notice of change, resigning from his interlocking directorate position, pursuant to 18 CFR. 45.5(b). Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on December 21, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-24102 Filed 12-12-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP07-405-000] Texas Gas Transmission, LLC; Notice of Filing December 6, 2007. Take notice that on December 4, 2007, Texas Gas Transmission, LLC (Texas Gas), 3800 Frederica Street, Owensboro, Kentucky 42301, pursuant to section 7 of the Natural Gas Act
(NGA)and Part 157 of the Commission's Rules and Regulations, filed a supplement to amend its application originally filed June 25, 2007. Texas Gas requests authority to increase the proposed storage capacity from 2 Bcf to 5.31 Bcf, in the event that the Commission does not authorize Texas Gas to charge market based rates for the new capacity of 8.25 Bcf as proposed in the original application. The application is on file with the Commission and open for public inspection. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at
(866)208-3676, or for TTY, contact
(202)502-8659. Since filing its original application, Texas Gas has entered into a second Precedent Agreement for additional 3.05 Bcf of firm storage service for a 10-year term at a fixed negotiated rate. Texas Gas requests authority to construct the additional facilities required to create the approximately 5.31 Bcf of new storage capacity as followed: —Construct approximately 11 miles of 30-inch mainline pipeline loop from the Midland 3 Compressor Station to a point near Hanson, Kentucky; —Construct a 2,900 foot extension of the E-9 storage lateral at Midland; —Drill seven horizontal injection/withdrawal wells and related facilities at Midland; —Install one 5,488 HP gas turbine and related facilities at the Midland 3 Compressor Station; —Abandon in-place two existing 2,000 HP compressor units, including appurtenant facilities, at the Midland 3 Compressor Station. Texas Gas proposes the service date of November 1, 2008 for the 5.31 Bcf-expansion. Any questions regarding the application are to be directed to Kathy D. Fort, Manager of Certificates and Tariffs, Texas Gas Transmission, LLC, 3800 Frederica Street, Owensboro, Kentucky, 42301. Any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the below listed comment date, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. Motions to intervene, protests and comments may be filed electronically via the Internet in lieu of paper, see, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the “e-Filing” link. The Commission strongly encourages electronic filings. *Comment Date:* December 20, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-24091 Filed 12-12-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL08-17-000] Connecticut Municipal Electric Energy Cooperative, Richard Blumenthal, Attorney General for the State of Connecticut, Complainants, v. Milford Power Company, LLC, ISO New England Inc., Respondents; Notice of Complaint December 6, 2007. Take notice that on December 4, 2007, Connecticut Municipal Electric Energy Cooperative and Richard Blumenthal, Attorney General for the State of Connecticut (collectively, CMEEC/CTAG) filed a formal complaint against Milford Power Company, LLC (Milford) and ISO New England Inc.
(ISO)pursuant to section 206 of the Federal Power Act, 16 U.S.C. 824(e), 825(e), and Rule 206 of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission, 18 CFR 385.206, alleging that Milford was no longer eligible to receive a Reliability Must Rule
(RMR)agreement, and that the RMR agreement between Milford and the ISO should be terminated immediately. CMEEC/CTAG seek consideration of the Complaint in accordance with the Commission's Fast Track procedures. CMEEC/CTAG certify that copies of the complaint were served on the contacts for Milford and ISO, as well as on persons designated on the official service list in *Milford Power Company, LLC,* Docket No. ER05-163-000. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on December 26, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-24090 Filed 12-12-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Supplemental Notice of Technical Conference December 6, 2007. Interconnection Queuing Practices (Docket No. AD08-2-000); Midwest Independent Transmission System Operator, Inc. (Docket No. ER07-1375-000); Midwest Independent Transmission System Operator, Inc. (Docket No. ER07-970-000); Southwest Power Pool (Docket No. ER07-1311-000); PacifiCorp (Docket No. OA07-54-000); United States Department of Energy Bonneville Power Administration (Docket No. NJ08-2-000); PJM Interconnection, L.L.C. (Docket No. ER08-280-000); California Independent System Operator Corporation (Docket No. ER08-140-000) As announced in the Notice of Technical Conference issued on November 2, 2007 and the Second Notice of Technical Conference issued on November 30, 2007, 1 a technical conference will be held on Tuesday, December 11, 2007 from 9:30 a.m. to approximately 4:30 p.m. (EST), in the Commission Meeting Room of the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. Commissioners will be attending this conference. 1 We note that the Second Notice of Technical Conference issued on November 30, 2007 changed the conference times from the initial notice. Additional docket numbers have been included in the caption above because issues in these proceedings may be related to issues arising during the course of discussions in the technical conference. Kimberly D. Bose, Secretary. [FR Doc. E7-24092 Filed 12-12-07; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2007-0265; FRL-8505-9] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; PM 2.5 National Ambient Air Quality Standard Implementation Rule; EPA ICR No. 2258.01, OMB Control No. 2060-NEW AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request
(ICR)has been forwarded to the Office of Management and Budget
(OMB)for review and approval. This is a request for a new collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before January 14, 2008. ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-2007-0265, to
(1)EPA online using *http://www.regulations.gov* (our preferred method), by e-mail to *a-and-r-docket@epamail.epa.gov* or by mail to: EPA Docket Center, Environmental Protection Agency, Air and Radiation Docket, Mailcode 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and
(2)OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Butch Stackhouse, Air Quality Policy Division, Office of Air Quality Planning and Standards, Mail Code C539-01, Research Triangle Park, North Carolina 27711, telephone number
(919)541-5208, facsimile number
(919)541-0824, electronic mail e-mail address: *stackhouse.butch@epa.gov* . SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On April 25, 2007 (72 FR 20668), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OAR-2007-0265, which is available for online viewing at *http://www.regulations.gov* , or in person viewing at the Air Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the Air Docket is 202-566-1742. Use EPA's electronic docket and comment system at *http://www.regulations.gov* , to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *http://www.regulations.gov* as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *http://www.regulations.gov* . *Title:* PM 2.5 National Ambient Air Quality Standard Implementation Rule *ICR numbers:* EPA ICR No. 2258.01, OMB Control No. 2060-NEW. *ICR Status:* This ICR is for a new information collection activity. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* The Paperwork Reduction Act requires the information found in this ICR to assess the burden of the PM 2.5 National Ambient Air Quality Standard Implementation (NAAQS) Rule as well as the periodic reporting and record keeping necessary to maintain the rule. The rule was proposed November 1, 2005 (70 *FR* 65983) and promulgated April 25, 2007 (72 *FR* 20585). The preamble to the proposed and final regulation addressed the administrative burden in general terms. The preamble to the final rule stated that an ICR would be prepared. The rule includes requirements that involve collecting information from States with areas that have been designated nonattainment for the PM 2.5 NAAQS. The time period covered in this ICR is a three year period from April 5, 2008 through April 4, 2011. The milestones for the State or local air agency respondents will include the required SIP elements prescribed in CAA sections 110 and part D, subpart 1 of title I for Implementation plans and the requirements in the PM 2.5 NAAQS Implementation Rule (40 CFR 51.1000-51.1012). The PM2.5 SIP will contain rules and other requirements designed to achieve the NAAQS by the deadlines established under the CAA, and it also contains a demonstration that the State's requirements will in fact result in attainment. The SIP must meet the requirements in subpart 1 to adopt Reasonable Available Control Measures
(RACM)and Reasonable Available Control Technology (RACT), and provide for Reasonable Further Progress
(RFP)toward attainment for the period prior to the area's attainment date. However, not all of the milestones and associated burden and administrative cost estimates apply to every designated PM 2.5 nonattainment area. Areas with cleaner air quality have fewer requirements. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 10,000 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* State and local governments. *Estimated Number of Respondents:* 21. *Frequency of Response:* Annual. *Estimated Total Annual Hour Burden:* 210,000. *Estimated Total Annual Cost:* $11.8 million, which includes no annualized capital or O&M costs. *Changes in the Estimates:* This is a new collection based on the EPA revision to the NAAQS for particulate matter on July 18, 1997, to add new standards for fine particles, using PM2.5 as the indicator. The 21 States will submit implementation plans to EPA for each nonattainment area that will need to include a number of elements, including an evaluation of reasonably available control technology
(RACT)and reasonably available control measures (RACM), an attainment demonstration showing how the area will attain the standards as expeditiously as practicable, and a plan showing that the area will make reasonable further progress
(RFP)from the date the area's SIP is due to its attainment date. Dated: December 6, 2007. Sara Hisel-McCoy, Director, Collection Strategies Division. [FR Doc. E7-24156 Filed 12-12-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2007-0049; FRL-8505-8] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Hospital/Medical/Infectious Waste Incinerators (Renewal); EPA ICR Number 1730.06, OMB Control Number 2060-0363 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), this document announces that an Information Collection Request
(ICR)has been forwarded to the Office of Management and Budget
(OMB)for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost. DATES: Additional comments may be submitted on or before January 14, 2008. ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-OECA-2007-0049, to
(1)EPA online using *http://www.regulations.gov* (our preferred method), or by e-mail to *docket.oeca@epa.gov* , or by mail to: EPA Docket Center (EPA/DC), Environmental Protection Agency, Enforcement and Compliance Docket and Information Center, mail code 2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and
(2)OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment and Media Programs Division, Office of Compliance, Mail Code 2223A, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number:
(202)564-4113; fax number:
(202)564-0050; e-mail address: *williams.learia@epa.gov* . SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On March 9, 2007 (72 *FR* 10735), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under docket ID number EPA-HQ-OECA-2007-0049, which is available for public viewing online at *http://www.regulations.gov* , or in person viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is
(202)566-1744, and the telephone number for the Enforcement and Compliance Docket is
(202)566-1752. Use EPA's electronic docket and comment system at *http://www.regulations.gov* , to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *http://www.regulations.gov* , as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *http://www.regulations.gov* . *Title:* NSPS for Hospital/Medical/Infectious Waste Incinerators (40 CFR part 60, subpart Ec). *ICR Numbers:* EPA ICR Number 1730.06, OMB Control Number 2060-0363. *ICR Status:* This ICR is scheduled to expire on December 31, 2007. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, and displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* The New Source Performance Standards
(NSPS)for Hospital/Medical/ Infectious Waste Incinerators (HMIWI), 40 CFR part 60, subpart Ec, were promulgated on September 15, 1997. These standards apply to HMIWIs for which construction commenced after June 20, 1996, or for which modification commenced after the effective date of the NSPS. Notification reports are required upon the construction, reconstruction, or modification of an HMIWI. Also, required are one-time-only reports of initial performance test data and continuous measurements of site-specific operating parameters. Annual compliance reports are required on a variety of site-specific operating parameters, including exceedance of applicable limits. Semiannual compliance reports of emission rates or operating parameter data that were not obtained when exceedances of applicable limits occurred. Affected entities must retain reports and records for two years under 40 CFR part 60, subpart Ec and 40 CFR part 60, subpart A—General Provisions. Co-fired combustors and incinerators burning only pathological, low-level radioactive, and/or chemotherapeutic waste are required to submit notification reports of an exemption claim, and an estimate of the relative amounts of waste and fuels to be combusted. These co-fired combustors and incinerators are also required to maintain records on a calendar quarter basis, of the weight of hospital waste combusted, the weight of medical/infectious waste combusted, and the weight of all other fuels and waste combusted. All reports required under NSPS and the General Provisions are submitted to the respondent's state, tribal, or a local agency, whichever has been delegated enforcement authority by the EPA. The information is used by the EPA solely to determine that all sources subject to the NSPS are in compliance, and that the control system installed to comply with the standards is being properly operated and maintained. Based on reported information, EPA can decide which facilities should be inspected and what records or processes should be inspected at the facilities. The records that the owner/operators maintain would indicate to EPA whether facility personnel are operating and maintaining control equipment properly. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notification, reports, and records are essential in determining compliance and are required of all sources subject to NSPS. Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the EPA regional office. This information is being collected to assure compliance with 40 CFR part 60, subpart Ec, as authorized in section 112 and 114(a) of the Clean Air Act. The required information consists of emissions data and other information that have been determined to be private. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number. The OMB Control Number for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are identified on the form and/or instrument, if applicable. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 195 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Facilities burning hospital waste and/or medical infectious waste. *Estimated Number of Respondents:* 9. *Frequency of Response:* Initially, annually and semiannually. *Estimated Total Annual Hour Burden:* 6,617. *Estimated Total Annual Cost:* $683,312, which includes $2,000 annualized Capital Startup costs, $25,000 annualized Operating and Maintenance (O&M) costs, and $656,312 annualized Labor costs. *Changes in the Estimates:* There is an increase in the total estimated burden as currently identified in the OMB Inventory of Approved Burdens; however, there have been no program changes. The industry is experiencing some growth; therefore, there is an increase in the number of new sources. In addition, the revised hourly rate has been updated (increased) and calculation errors in the previous ICR were corrected. There is also an increase in the capital/startup and operations and maintenance (O&M) cost which is due to the increase in the number of new sources. Dated: December 6, 2007. Sara Hisel-McCoy, Director, Collection Strategies Division. [FR Doc. E7-24158 Filed 12-12-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2004-0077; FRL-8505-7] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Significant New Alternatives Policy
(SNAP)Program (Renewal), EPA ICR Number 1596.07, OMB Control Number 2060-0226 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), this document announces that an Information Collection Request
(ICR)has been forwarded to the Office of Management and Budget
(OMB)for review and approval. This is a request to renew an existing approved collection. This ICR, which is abstracted below, describes the nature of the information collection and its expected burden and cost. DATES: Additional comments may be submitted on or before January 14, 2008. ADDRESSES: Submit your comments, referencing Docket ID number EPA-HQ-OAR-2004-0077, to
(1)EPA online using *http://www.regulations.gov* (our preferred method), by e-mail to *a-and-r-docket@epamail.epa.gov,* or by mail to: EPA Docket Center, Environmental Protection Agency, Air and Radiation Docket, Mail Code 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and
(2)OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), *Attention:* Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Monica Shimamura, Stratospheric Protection Division, Alternatives and Emission Reductions Branch, Mail Code 6205J, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:
(202)343-9337; fax number:
(202)343-2362; e-mail address: *shimamura.monica@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On June 11, 2007 (72 FR 32095), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OAR-2004-0077, which is available for online viewing at *http://www.regulations.gov,* or in person viewing at the Air and Radiation Docket in the EPA Docket Center (EPA/DC), EPA West Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the Air and Radiation Docket is 202-566-1742. Use EPA's electronic docket and comment system at *http://www.regulations.gov,* to submit or view public comments, to access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *http://www.regulations.gov* as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *http://www.regulations.gov.* *Title:* Significant New Alternatives Policy
(SNAP)Program (40 CFR part 82, subpart G) (Renewal). *ICR numbers:* EPA ICR Number 1596.07, OMB Control Number 2060-0226. *ICR status:* This ICR is scheduled to expire on December 31, 2007. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9 and are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* Information collected under this rulemaking is necessary to implement the requirements of the Significant New Alternatives Policy
(SNAP)program for evaluating and regulating substitutes for ozone-depleting chemicals being phased out under the stratospheric ozone protection provisions of the Clean Air Act (CAA). Under CAA section 612, EPA is authorized to identify and restrict the use of substitutes for class I and class II ozone-depleting substances where EPA determines other alternatives exist that reduce overall risk to human health and the environment. The SNAP program, based on information collected from the manufacturers, formulators, and/or sellers of such substitutes, identifies acceptable substitutes. Responses to the collection of information are mandatory under section 612 for anyone who sells, or in certain cases, uses substitutes for an ozone-depleting substance after April 18, 1994, the effective date of the final rule. Under CAA section 114(c), emissions information may not be claimed as confidential. To develop the lists of acceptable and unacceptable substitutes, the Agency must assess and compare “overall risks to human health and the environment” posed by use of substitutes in the context of particular applications. EPA requires submission of information covering a wide range of health and environmental factors. These include intrinsic properties such as physical and chemical information, ozone depleting potential, global warming potential, toxicity and flammability, and use-specific data such as substitute applications, process description, environmental release data, environmental fate and transport and cost information. Once a completed submission has been received, a 90-day review period under the SNAP program will commence. Any substitute which is a new chemical must also be submitted to the Agency under the Premanufacture Notice program under the Toxic Substances Control Act (TSCA). Alternatives that will be used in pesticide formulations must be filed jointly with EPA's Office of Pesticide Programs and with SNAP. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 30 hours per respondent. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Manufacturers, importers, formulators and processors of substitutes for ozone depleting substances. *Estimated Number of Respondents:* 268. *Frequency of Response:* Annual. *Estimated Total Annual Hour Burden:* 8,204 hours. *Estimated Total Annual Costs:* $511,430. This includes an estimated $492,252 in labor costs, $18,918 in capital costs and $260 in O&M costs. *Changes in Estimates:* The total number of burden hours requested for this information collection has decreased from 8,927 to 8,204. The SNAP burden hours have been decreasing since 2000 from 10,363 to 8,927 to 8,204 hours. The reason for this change in burden is the smaller number of respondents keeping records for alternatives that are subject to more narrowed use limits than three years ago because of the development of new substitutes. For example, users of some restricted fire suppressants now have other options available with no restriction, and thus no paperwork requirement. In addition, a smaller number of SNAP petitions are being filed than EPA estimated three years ago. The recordkeeping estimates remain the same. Dated: December 6, 2007. Sara Hisel-McCoy, Director, Collection Strategies Division. [FR Doc. E7-24159 Filed 12-12-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-UST-2007-0494, FRL-8505-6] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Underground Storage Tanks: Technical and Financial Requirements, and State Program Approval Procedures (Renewal); EPA ICR No. 1360.08, OMB Control No. 2050-0068 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that an Information Collection Request
(ICR)has been forwarded to the Office of Management and Budget
(OMB)for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before January 14, 2008. ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-UST-2007-0494, to
(1)EPA online using *http://www.regulations.gov* (our preferred method), by e-mail to *rcra-docket@epa.gov* , or by mail to: EPA Docket Center, Environmental Protection Agency, Underground Storage Tank
(UST)Docket, Mail Code 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and
(2)OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), *Attention:* Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Hal White, Office of Underground Storage Tanks, Mail Code 5403P, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:
(703)603-7177; fax number:
(703)603-0175; e-mail address: *white.hal@epa.gov* . SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On July 25, 2007 (72 FR 40852), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-UST-2007-0494, which is available for online viewing at *http://www.regulations.gov* , or in person viewing at the UST Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the UST Docket is 202-566-0270. Use EPA's electronic docket and comment system at *http://www.regulations.gov* , to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or on paper, will be made available for public viewing at *http://www.regulations.gov* as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *http://www.regulations.gov* . *Title:* Underground Storage Tanks: Technical and Financial Requirements, and State Program Approval Procedures (Renewal). *ICR numbers:* EPA ICR No. 1360.08, OMB Control No. 2050-0068. *ICR Status:* This ICR is scheduled to expire on January 31, 2008. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, and are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* Subtitle I of the Resource Conservation and Recovery Act (RCRA), as amended, requires that EPA develop standards for UST systems, as may be necessary, to protect human health and the environment, and procedures for approving state programs in lieu of the federal program. EPA promulgated technical and financial requirements for owners and operators of USTs at 40 CFR part 280, and state program approval procedures at 40 CFR part 281. This ICR is a comprehensive presentation of all information collection requirements contained at 40 CFR parts 280 and 281. The data collected for new and existing UST system operations and financial requirements are used by owners and operators and/or EPA or the implementing agency to monitor results of testing, inspections, and operation of UST systems, as well as to demonstrate compliance with regulations. EPA believes strongly that if the minimum requirements specified under the regulations are not met, neither the facilities nor EPA can ensure that UST systems are being managed in a manner protective of human health and the environment. The response to this information collection for industry is mandatory under 40 CFR part 280. EPA uses state program applications to determine whether to approve a state program. Before granting approval, EPA must determine that programs will be no less stringent than the federal program and contain adequate enforcement mechanisms. States must respond to this information collection in order to obtain or maintain state program approval under 40 CFR part 281. Section 3007(b) of RCRA and 40 CFR part 2, subpart B, which define EPA's general policy on public disclosure of information, contain provisions for confidentiality. However, the Agency does not anticipate that businesses will assert a claim of confidentiality covering all or part of the requirements covered in this ICR. If such a claim were asserted, EPA must and will treat the information in accordance with the regulations cited above. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 16 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* UST facilities and states. *Estimated Number of Respondents:* 237,578. *Frequency of Response:* Once, on occasion. *Estimated Total Annual Hour Burden:* 5,969,217. *Estimated Total Annual Cost:* $743,453,178 ($453,047,585 in labor costs; $95,975,266 in annualized capital/startup costs; and $194,430,327 in operation and maintenance costs). *Changes in the Estimates:* There is a decrease of 163,020 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. This decrease is due to updated data on the respondent universe which show a lower number of affected facilities than previously estimated. Dated: December 6, 2007. Sara Hisel-McCoy, Director, Collection Strategies Division. [FR Doc. E7-24160 Filed 12-12-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2007-0050; FRL-8606-1] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Benzene Emissions from Coke By-Product Recovery Plants (Renewal); EPA ICR Number 1080.12, OMB Control Number 2060-0185 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501, *et seq.* ), this document announces that an Information Collection Request
(ICR)has been forwarded to the Office of Management and Budget
(OMB)for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost. DATES: Additional comments may be submitted on or before January 14, 2008. ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-OECA-2007-0050, to
(1)EPA online using *www.regulations.gov* (our preferred method), or by e-mail to *docket.oeca@epa.gov* , or by mail to: EPA Docket Center (EPA/DC), Environmental Protection Agency, Enforcement and Compliance Docket and Information Center, mail code 2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and
(2)OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment and Media Programs Division, Office of Compliance, Mail Code 2223A, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number:
(202)564-4113; fax number:
(202)564-0050; e-mail address: *williams.learia@epa.gov* . SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On March 9, 2007 (72 FR 10735), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under docket ID number EPA-HQ-OECA-2007-0050, which is available for public viewing online at *http://www.regulations.gov* , or, in person viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is
(202)566-1744, and the telephone number for the Enforcement and Compliance Docket is
(202)566-1752. Use EPA's electronic docket and comment system at *http://www.regulations.gov* , to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *http://www.regulations.gov* , as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *www.regulations.gov* . *Title:* NESHAP for Benzene Emissions from Coke By-Product Recovery Plants (Renewal). *ICR Numbers:* EPA ICR Number 1080.12, OMB Control Number 2060-0185. *ICR Status:* This ICR is scheduled to expire on December 31, 2007. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, and displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* The National Emission Standards for Hazardous Air Pollutants (NESHAP) were promulgated on December 15, 1989, and amended on February 12, 1999, and October 17, 2000. Owners or operators of existing and new facilities that are furnace or foundry coke by-product recovery plants that produce benzene emissions subject to NESHAP subpart L must submit notification of and application for construction, reconstruction or modification, and notice of the anticipated date of initial and actual startup. Owners and operators of regulated facilities must also submit: notifications of performance tests; any physical or operational change which may increase the emission rate; implementation of equipment leakage requirements; and notification that the requirements of 40 CFR part 61, subpart L, 40 CFR part 61, subpart V, and 40 CFR part 61, subpart A, have been met. In addition, these owners and operators must submit performance test reports and semiannual reports. Records must be maintained of leak detection and repair logs, the design requirements of closed-vent systems and control devices, applicable valve information, design control device, plan operations and corrective action, compliance tests, reference values of monitored parameters, and monitoring results and exceedances. In addition, records must be kept of annual furnace and foundry coke production for furnace coke by-product recovery plants, monitoring data, monitoring system calibration checks, and the occurrence and duration of periods where the monitoring system is malfunctioning or inoperative. Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least five years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the EPA regional office. This information is being collected to assure compliance with 40 CFR part 61, subpart L, as authorized in section 112 and 114(a) of the Clean Air Act. The required information consists of emissions data and other information that have been determined to be private. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number. The OMB Control Number for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are identified on the form and/or instrument, if applicable. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 92 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Benzene emissions from coke by-product recovery plants. *Estimated Number of Respondents:* 17. *Frequency of Response:* Semiannually, and on occasion. *Estimated Total Annual Hour Burden:* 3,137. *Estimated Total Annual Cost:* $199,375, which includes $0 annualized Capital Startup costs, $0 Operating and Maintenance Costs (O&M), and $199,375 annualized Labor Costs. *Changes in the Estimates:* The regulations have not changed over the past three years and are not anticipated to change over the next three years. There is only one small change in the labor hours in this ICR compared to the previous ICR. The change is caused by different methods of rounding numbers. The previous ICR shows (3,138) as the labor hours, however, this ICR uses the exact hours of (3,137). The growth rate for the industry is very low, negative or non-existent, so there is no significant change in the overall burden. Since there are no changes in the regulatory requirements and there is no significant industry growth, the labor hours and cost figures in the previous ICR are used in this ICR, and there is no change in burden to industry. Dated: December 6, 2007. Sara Hisel-McCoy, Director, Collection Strategies Division. [FR Doc. E7-24161 Filed 12-12-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2007-1081; FRL-8155-8] Agency Information Collection Activities; Proposed Collection; Comment Request; Tier 1 Screening of Certain Chemicals Under the Endocrine Disruptor Screening Program (EDSP); EPA ICR No. 2249.01, OMB Control No. 2070-new AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)(44 U.S.C. 3501 *et seq* .), this document announces that EPA is planning to submit a request for a new Information Collection Request
(ICR)to the Office of Management and Budget (OMB). This ICR is entitled: “Tier 1 Screening of Certain Chemicals Under the Endocrine Disruptor Screening Program (EDSP)” and identified by EPA ICR No. 2249.01 and OMB Control No. 2070-new. Before submitting the ICR to OMB for review and approval under the PRA, EPA is soliciting comments on specific aspects of the proposed information collection. DATES: Comments must be received on or before February 11, 2008. ADDRESSES: Submit your comments, identified by docket identification
(ID)number EPA-HQ-OPPT-2007-1081, by one of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Hand Delivery* : OPPT Document Control Office (DCO), EPA East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID Number EPA-HQ-OPPT-2007-1081. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is
(202)564-8930. Such deliveries are only accepted during the DCO's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPPT-2007-1081. EPA's policy is that all comments received will be included in the public docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . *Docket* : All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically at *http://www.regulations.gov* , or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The telephone number of the EPA/DC Public Reading Room is
(202)566-1744, and the telephone number for the OPPT Docket is
(202)566-0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure. FOR FURTHER INFORMATION CONTACT: William Wooge, Office of Science Coordination and Policy
(OSCP)(7201M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)564-8476; fax number:
(202)564-8482; e-mail address: *wooge.william@epa.gov* . SUPPLEMENTARY INFORMATION: I. What Should I Consider when I Prepare My Comments for EPA? A. Considerations Under the PRA Pursuant to section 3506(c)(2)(A) of PRA, EPA specifically solicits comments and information to enable it to: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility. 2. Evaluate the accuracy of the Agency's estimates of the burden of the proposed collection of information, including the validity of the methodology and assumptions used. 3. Enhance the quality, utility, and clarity of the information to be collected. 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. B. Tips for Preparing Your Comments You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the collection activity. 7. Make sure to submit your comments by the deadline identified under DATES . 8. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. C. Submitting CBI Do not submit CBI to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. II. What Information Collection Activity or ICR Does this Action Apply to? *Affected entities* : Entities potentially affected by this action are those individuals and companies that receive an EDSP test order issued by the Agency. Under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(p)(5)(A), EPA “shall issue” EDSP test orders “to a registrant of a substance for which testing is required . . . or to a person who manufactures or imports a substance for which testing is required.” Using the North American Industrial Classification System (NAICS) codes, the Agency has determined that potential respondents to this ICR may include, but is not limited to: Chemical manufacturers and processors (NAICS code 325); Pesticide, fertilizer, and other agricultural chemical manufacturing (NAICS code 3253); Producers and formulators of pesticide products (NAICS code 32532); Producers of antifouling paints (NAICS code 32551); Producers of antimicrobial pesticides (NAICS code 32561); Producers of nitrogen stabilizers (NAICS code 32531); and Producers of wood preservatives (NAICS code 32519). *Title* : Tier 1 Screening of Certain Chemicals Under the Endocrine Disruptor Screening Program (EDSP). *ICR numbers* : EPA ICR No. 2249.01, OMB Control No. 2070-new. *ICR status* : This ICR is for a new information collection activity. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control number for this ICR will be displayed by publication in the **Federal Register** and by inclusion of a Paperwork Reduction notice on the related collection instrument, i.e., test order and/or form. *Abstract* : This new ICR covers the information collection activities associated with Tier 1 screening of the first group of chemicals under the EDSP. The EDSP is established under section 408(p) of the FFDCA, which requires endocrine screening of all pesticide chemicals and was established in response to growing scientific evidence that humans, domestic animals, and fish and wildlife species have exhibited adverse health consequences from exposure to environmental chemicals that interact with their endocrine systems. The EDSP, which was established in 1998, consists of a two-tiered approach to screen all pesticide chemicals for potential endocrine disrupting effects. The purpose of Tier 1 screening (referred to as “screening”) is to identify substances that have the potential to interact with the estrogen, androgen, or thyroid hormone systems using a battery of assays. The purpose of Tier 2 testing (referred to as “testing”), therefore, is to identify and establish a dose-response relationship for any adverse effects that might result from the interactions identified through the Tier 1 assays. Additional information about the EDSP is available through the Agency's web site at *http://www.epa.gov/scipoly/oscpendo/index.htm* . EPA is currently implementing the EDSP in three major parts that are being developed in parallel and with substantial work on each well underway: 1) Assay validation; 2) Priority setting; and 3) Procedures. This ICR is related to the third component of the EDSP, i.e., the procedures for Tier 1 screening. This ICR is not intended to cover all of the activities currently underway for the EDSP. Instead, the focus of this ICR is on the information collection activities associated with the Tier 1 screening of the 73 chemicals identified for initial screening under the EDSP. A separate ICR will be developed to address the information collection activities associated with Tier 2 testing. In addition, subsequent Tier 1 screening of additional chemicals not selected for the initial round will be addressed in a future ICR, either when this ICR is amended in three years or in a separate ICR. In either case, EPA will follow the notice and comment process prescribed by the PRA to first seek public comment on the ICR before submitting it to OMB for review and approval under the PRA. *Burden statement* : The annualized public reporting and recordkeeping burden for this collection of information is estimated to average 2,649 hours per response, although individual respondent burden varies based on their individual activities. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal Agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The ICR, a copy of which is available in the docket, provides a detailed explanation of this estimate, which is only briefly summarized here: *Estimated total number of potential respondents* : 445. *Frequency of response* : On occasion. *Estimated total average number of responses for each respondent* : Two responses per chemical: An initial response and the final data submission. All respondents will provide an initial response, while only those that generate the data will complete the final data submission. *Estimated total annual burden hours* : 93,655 hours. *Estimated total annual costs* : $6,887,418. This includes an estimated annualized cost of $267 for non-burden hour or delivery costs. III. What is the Next Step in the Process for this ICR? EPA will consider the comments received and amend the ICR as appropriate. Although included as attachments to the ICR, EPA has issued a separate **Federal Register** document to solicit public review and comments on the related draft policy describing the procedures for responding to the 408(p) order, and the draft template for the 408(p) order itself. In addition to considering comments submitted on the ICR, EPA will also consider comments received on those documents in response to that separate solicitation. Changes to those documents may result in changes to the ICR as well. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. EPA will issue another **Federal Register** notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the person listed under FOR FURTHER INFORMATION CONTACT . List of Subjects Environmental protection, Reporting and recordkeeping requirements. Dated: November 29, 2007. James B. Gulliford, Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. [FR Doc. E7-24163 Filed 12-12-07; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [FRL-8505-5] Underground Injection Control Program, Hazardous Waste Injection Restrictions; Petition for Exemption—Class I Hazardous Waste Injection; Solutia, Inc. AGENCY: Environmental Protection Agency. ACTION: Notice of final decisions on no migration petition reissuances. SUMMARY: Notice is hereby given that exemptions to the land disposal restrictions under the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act have been granted to Solutia, Inc, Chocolate Bayou Facility (Solutia) for two Class I injection wells located at Alvin, Texas. As required by 40 CFR Part 148, the company has adequately demonstrated to the satisfaction of the Environmental Protection Agency by the petitions and supporting documentation that, to a reasonable degree of certainty, there will be no migration of hazardous constituents from the injection zone for as long as the waste remains hazardous. These final decisions allow the underground injection by Solutia, of the specific restricted hazardous wastes identified in these exemptions, into Class I hazardous waste injection wells Nos. WDW-13 and WDW-318 at the Chocolate Bayou, Alvin, Texas facility, until December 31, 2020, unless EPA moves to terminate these exemptions under provisions of 40 CFR 148.24. Additional conditions included in these final decisions may be reviewed by contacting the Region 6 Ground Water/UIC Section. As required by 40 CFR 148.22(b) and 124.10, a public notice was issued October 15, 2007. The public comment period closed on November 29, 2007. No comments were received. These decisions constitute final Agency action and there is no Administrative appeal. These decisions may be reviewed/appealed in compliance with the Administrative Procedure Act. DATES: These actions are effective as of December 4, 2007. ADDRESSES: Copies of the petitions and all pertinent information relating thereto are on file at the following location: Environmental Protection Agency, Region 6, Water Quality Protection Division, Source Water Protection Branch (6WQ-S), 1445 Ross Avenue, Dallas, Texas 75202-2733. FOR FURTHER INFORMATION CONTACT: Philip Dellinger, Chief Ground Water/UIC Section, EPA—Region 6, telephone
(214)665-7150. Dated: December 4, 2007. William K. Honker, Acting Division Director, Water Quality Protection Division (6WQ). [FR Doc. E7-24173 Filed 12-12-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8505-3] Intent To Grant an Exclusive Patent License AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Intent To Grant an Exclusive License. SUMMARY: Pursuant to 35 U.S.C. 207 (Patents) and 37 CFR part 404 (U.S. Government patent licensing regulations), EPA hereby gives notice of its intent to grant, for a specific field of use, an exclusive, royalty-bearing, revocable license to practice the invention described and claimed in the U.S. Patent No. 6,821,425, entitled “Biomass Concentrator Reactor,” issued November 23, 2004, and all corresponding patents issued throughout the world, and all reexamined patents and reissued patents granted in connection with such patent, to Purestream ES, L.L.C. of Walton, Kentucky. The invention was announced as being available for licensing in the October 11, 2007 issue of the **Federal Register** (72 FR 57937). The proposed exclusive license will contain appropriate terms, limitations, and conditions to be negotiated in accordance with 35 U.S.C. 209 and 37 CFR 404.5 and § 404.7 of the U.S. Government patent licensing regulations. EPA will negotiate the final terms and conditions and grant the exclusive license, unless within 15 days from the date of this notice EPA receives, at the address below, written objections to the grant, together with supporting documentation. The documentation from objecting parties having an interest in practicing the above patents should include an application for an exclusive or nonexclusive license with the information set forth in 37 CFR 404.8. The EPA Patent Attorney and other EPA officials will review all written responses and then make recommendations on a final decision to the Director or Deputy Director of the National Risk Management Research Laboratory, who have been delegated the authority to issue patent licenses under EPA Delegation 1-55. DATES: Comments on this notice must be received by EPA at the address listed below by December 28, 2007. FOR FURTHER INFORMATION CONTACT: Laura Scalise, Patent Attorney, Office of General Counsel (Mail Code 2377A), Environmental Protection Agency, Washington, DC 20460, telephone
(202)564-8303. Dated: December 7, 2007. Geoffrey Cooper, Acting Associate General Counsel, General Law Office. [FR Doc. 07-6043 Filed 12-12-07; 8:45 am]
Connectionstraces to 42
Traces to 42 documents
CFR
31 references not yet in our index
  • 40 CFR 52
  • 40 CFR 62
  • 40 CFR 60
  • 40 CFR 75
  • Pub. L. 104-4
  • 7 CFR 340
  • 7 CFR 1
  • 7 CFR 372
  • 7 USC 7701-7772
  • 7 CFR 2.22
  • 19 USC 81a-81u
  • 15 CFR 400
  • 19 CFR 353
  • 19 CFR 353.15(1996)
  • 50 CFR 648.73(a)(4)
  • 34 CFR 77
  • 34 CFR 79
  • 5 CFR 1320.12
  • 5 CFR 1320.8(d)
  • 40 CFR 9
  • 40 CFR 51.1000-51
  • 40 CFR 82
  • 40 CFR 280
  • 40 CFR 281
  • 40 CFR 2
  • 40 CFR 61
  • 5 CFR 1320.5(a)(1)(iv)
  • 40 CFR 148
  • 40 CFR 148.24
  • 40 CFR 148.22(b)
  • 37 CFR 404
Citation graph
cites case law
Cites 73 · showing 12Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.