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Code · REGISTER · 2007-12-21 · National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce · Notices

Notices. Proposed rule; request for comments

23,447 words·~107 min read·/register/2007/12/21/07-6178

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BILLING CODE 4310-MR-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 600 [Docket No. 071121736-7619-01] RIN 0648-AR78 Magnuson-Stevens Act Provisions; Experimental Permitting Process, Exempted Fishing Permits, and Scientific Research Activity AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. SUMMARY: NMFS proposes new and revised definitions for certain regulatory terms, and procedural and technical changes to the regulations addressing scientific research activities, exempted fishing, and exempted educational activities under the Magnuson-Stevens Fishery Conservation and Management Act.
This action is necessary to provide better administration of these activities and to revise the regulations consistent with the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA). NMFS intends to clarify the regulations, ensure necessary information to complete required analyses is requested and made available, and provide for expedited review of permit applications where possible. DATES: Comments must be received by March 20, 2008. ADDRESSES: You may submit comments, identified by RIN 0648-AR78, by any one of the following methods: • Electronic Submissions:
Submit all electronic public comments via the Federal eRulemaking Portal *http://www.regulations.gov* • Fax: 301-713-1193, Attn: Jason Blackburn • Mail: Alan Risenhoover, Director, Office of Sustainable Fisheries, 1315 East-West Highway, SSMC3, Silver Spring, MD 20910, Attn: EFP Comments Instructions: All comments received are a part of the public record and will generally be posted to *http://www.regulations.gov* without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible.
Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. Send comments on collection-of-information requirements to the same address and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, D.C. 20503 (Attn: NOAA Desk Officer), or email to *David_Rostker@omb.eop.gov* , or fax to
(202)395-7285. Copies of the categorical exclusion
(CE)prepared for this action are available from NMFS at the above address or by calling the Office of Sustainable Fisheries, NMFS, at 301-713-2341. FOR FURTHER INFORMATION CONTACT: Jason Blackburn at 301-713-2341, or by e-mail at *jason.blackburn@noaa.gov* . SUPPLEMENTARY INFORMATION: Background and Need for Action On May 28, 1996, NMFS established procedures pertaining to scientific research, exempted fishing, and exempted educational activities (61 FR 26435). These procedures were established to provide minimum standards for dealing with scientific research, exempted fishing and exempted educational activities under the Magnuson-Stevens Act. These standards clarified the requirements for those managing and enforcing the fishery regulations, and for the public. These regulations were subsequently codified in 50 CFR part 600 (61 FR 32538, June 24, 1996). Shortly thereafter, the Magnuson-Stevens Act was amended by the Sustainable Fisheries Act, which included important provisions dealing with essential fish habitat (EFH), rebuilding of overfished fisheries, and the requirement to minimize bycatch and bycatch mortality to the extent practicable. These new requirements resulted in an increased interest in fisheries research. On January 12, 2007, the MSRA was enacted. Section 204 of the MSRA added a new Cooperative Research and Management Program section (Section 318) to the MSA. Section 318(d) of the revised MSA requires that the Secretary, through NMFS, “promulgate regulations that create an expedited, uniform, and regionally-based process to promote issuance, where practicable, of experimental fishing permits.” A major reason for the expansion in fisheries research has been the need to minimize bycatch and the mortality of bycatch as required under National Standard 9 of the Magnuson-Stevens Act. Much of this effort has been concentrated on studies investigating fish behavior and the development and testing of new gear technology and fishing techniques to minimize bycatch and promote the efficient harvest of target species. Over the years, many questions have arisen regarding the differences between a scientific research activity and fishing and how NMFS interprets each type of activity under the implementing regulations. The existing regulations contain three authorizations for catching fish outside prescribed fishing regulations: Scientific research from a scientific research vessel, exempted fishing under NMFS-issued exempted fishing permits (EFPs), and exempted educational activities. As these types of activities have increased in both volume and variety, NMFS and the affected public have identified several aspects of the regulations that could be improved in order to streamline the permitting of exempted fishing and exempted educational activities, and the acknowledgment of scientific research. Proposed Changes from the Current Regulations NMFS is proposing substantive and administrative changes to the current regulations, including revising and adding definitions; clarifying the differences among scientific research, exempted fishing, and exempted educational activities; clarifying the difference between conservation engineering and gear testing; clarifying the need for and extent of data required to be collected in conjunction with exempted fishing and exempted educational activities; clarifying the application process for obtaining an EFP; exempting research projects funded by quota set-asides from the requirement to publish separate notices; and defining whether and to what extent the NMFS Observer Program requires EFPs. These topics are discussed in more detail below. Changes to Existing Definitions In § 600.10 Definitions, three definitions would be added and several others revised. As part of the Sustainable Fisheries Act, Congress authorized the Secretary of Commerce (Secretary) to use private sector vessels, equipment, and services to conduct fisheries resource surveys. The Secretary is authorized to structure competitive solicitations to compensate a contractor for a fishery resources survey (i.e., “compensation fishing”) by allowing the contractor to retain for sale fish harvested during the survey. If, however, the contractor is not expected to harvest during the survey the quantity or quality of fish that would allow for adequate compensation for the survey, the Secretary is authorized to structure the solicitation so as to provide that compensation by allowing the contractor to harvest on a subsequent voyage, and retain for sale, a portion of the allowable catch of the fishery as specified in a contract or EFP. Foreign vessels would not be allowed to engage in compensation fishing outside the scope of the applicable scientific research plan, or outside the time frame in which the actual scientific research activity is being conducted. This proposed rule would define “compensation fishing” and authorize, as appropriate, this activity as a reason for issuing an EFP. Compensation fishing as described under section 402(e)(2)(B) of the Magnuson-Stevens Act would be authorized through an EFP. It is proposed that in cases where exemptions are not needed, compensation fishing could be conducted without an EFP. An example of this is the Mid-Atlantic Research Set-aside
(RSA)program, where research projects are funded through compensation fishing. In the RSA program, vessels are either issued a Letter of Acknowledgment
(LOA)or an EFP. Vessels receive an LOA if they will be conducting research. Vessels receive an EFP if they will be compensation fishing and need an exemption from the regulations. For example, an EFP would be needed for a participating vessel to harvest and land their quota during a fishery closure. The compensation fishing provisions within the NMFS general regulations dealing with scientific research and exempted fishing (§ 600.745), would apply unless fishery-specific compensation fishing regulations are in place, such as those in the West Coast Groundfish regulations (§ 660.350). A new definition would also be added for “conservation engineering.” Section 404(c)(2) of the Magnuson-Stevens Act describes conservation engineering as an area of research that includes the study of fish behavior and the development and testing of new gear technology and fishing techniques to minimize bycatch, promote efficient harvest of target species, and minimize adverse effects on EFH. Because a significant number of fishery stocks are either overfished or experiencing overfishing, NMFS is concerned that bycatch of these species will make it more difficult to control mortality. Conservation engineering has become an important field of research and has led to cooperative research ventures involving NMFS, researchers, and fishermen. For the same reasons that conservation engineering has become important, NMFS is concerned about its potential impacts on fishery resources. Conservation engineering activities often take commercial quantities of fish. In the past, these projects have been considered fishing and not scientific research because the Magnuson-Stevens Act definition of scientific research, as interpreted at § 600.10, excludes “the testing of fishing gear.” NMFS believes the mortality associated with conservation engineering work needs to be properly accounted for. In addition, NMFS wants to ensure that conservation engineering activities do not adversely affect fisheries resources. To best protect fisheries resources while allowing conservation engineering activities, NMFS proposes to define conservation engineering based on section 404(c)(2) of the Magnuson-Stevens Act in a manner that best protects fisheries resources while allowing conservation engineering activities. NMFS also proposes to define “gear testing” to differentiate it from conservation engineering. Gear testing would be defined as an at-sea activity with its sole purpose being the testing of the functionality of fishing gear. When a vessel is performing gear testing, it may not retain fish, and it must meet the specific requirements of any regulation that pertains to fishing and/or gear testing in the applicable fishery. For example, the Alaska management measures require that trawl gear testing must be performed within specified trawl gear test areas. Some conservation engineering activities would not qualify as a scientific research activity, and would more appropriately require an EFP. To be classified as scientific research: • At-sea research must meet the criteria for scientific research activity laid out in the regulations, and occur aboard a scientific research vessel; • A research activity must address a testable hypothesis; • A research activity must follow a scientific plan that includes sufficient observations and appropriate experimental design to test the hypothesis; • A research activity must address a fishery management problem or issue; • All fish captured for research must be necessary to meet the objectives of the experimental design, i.e. the sample size needed to prove or disprove the hypothesis. (This does not include fish captured for compensation fishing). For example, in the development of a bycatch reduction device, research could be conducted to assess the behavior of target and bycatch species to detect exploitable differences, to determine whether prototype gear modifications achieve the desired stimuli and escape opportunities, to test whether fish respond to those stimuli as expected, or to examine whether a prototype device achieves the expected species separation. If these activities are conducted on a scientific research vessel then an LOA would be sufficient, whereas if these activities are conducted on a vessel not meeting the definition of a scientific research vessel, then an EFP would be required. However, an opportunity for vessels to conduct sea trials of the resulting devices as proof of concept to determine their practicality and effectiveness with their gear and procedures in actual fishing conditions might qualify for an EFP, but would not be scientific research. Technical Revisions to Definitions Several technical revisions are proposed to be made to the Definitions section. In the definitions for “exempted educational activity” and “exempted or experimental fishing,” the words “part 635 or” would be removed as redundant, since part 635 is a part of chapter VI of title 50. In the definitions for “region,” “Regional Administrator,” and “Science and Research Director,” the word “five” would be changed to “six” to reflect the creation of the new NMFS Pacific Islands Region and NMFS Pacific Islands Fisheries Science Center. In the definition of “scientific research activity,” in the second sentence, the words “or to test a hypothesis” would be revised to read “and to test a hypothesis,” making this definition consistent with the new definition of conservation engineering. In the third sentence, the word “issues” would be revised to read “topics” to better describe the object of the research, and the words “or other collateral fishing effects” would be added following the word “bycatch” to encompass the range of potential impacts of fishing on the environment. In the fourth sentence, the words “unless it meets the definition of conservation engineering” would be added following “or the testing of fishing gear” to clarify that conservation engineering may be permissible. In addition, an example is provided to clarify what is meant by “the testing of fishing gear.” In § 600.512(a), for foreign fishing, and § 600.745(a), for domestic fishing, the procedures for acknowledging scientific research activity would be revised by adding “aboard scientific research vessels” to clarify that these sections apply only to scientific research activities aboard scientific research vessels in the Exclusive Economic Zone (EEZ). To clarify who the designee could be for the Regional Administrator or Director, §§ 600.512(a) and 600.745(a) would be revised so that the Regional Administrator having responsibility for the fishery or the Director of the Office of Sustainable Fisheries (for Atlantic highly migratory species) would be primarily responsible for the issuance of LOAs, but that this responsibility may be delegated to an appropriate NMFS Science and Research Director, or the Assistant Regional Administrator for Sustainable Fisheries. The current regulations note that the LOA “is separate and distinct from any permit required under any other applicable law.” For laws administered by NMFS, this reference applies to incidental take permits under the Marine Mammal Protection Act
(MMPA)or section 10 permits or consultations under the Endangered Species Act (ESA). There may be additional permits required (e.g., from the Corps of Engineers) that are not under the jurisdiction of NMFS. Since the MMPA and ESA are administered by NMFS by the same officials who issue LOAs, it is appropriate for NMFS to consider the effect of the research under the provisions of these laws when the request for the LOA is being reviewed. Therefore, §§ 600.512(a) and 600.745(a) would be modified to indicate that the MMPA and ESA are two laws that may require an additional permit or consultation. NMFS would undertake an initial review of a request for an LOA to determine if any additional permit or consultation is needed. If, after an initial review, the Regional Administrator or Director believes that such a permit or consultation is required and none has been completed, the Regional Administrator or Director would not issue an LOA until required permits are issued and consultations completed. A research vessel that conducts operations without these authorizations may potentially be found in violation of the applicable law. In addition to the foregoing changes, §§ 600.512(a) and 600.745(a) are proposed to have additional clarifying language added regarding revisions to the scientific research plan and to the rebuttable presumption that a vessel is a scientific research vessel conducting scientific research. In § 600.745(b)(1), as previously discussed, compensation fishing is proposed to be added as a reason for an EFP. Similarly, although conservation engineering potentially could be described under several other reasons for requesting an EFP, it is proposed to be added as a specific reason for an EFP because of its increasing use in determining ways of avoiding bycatch and the extent of conservation engineering activities. It has not always been clear to authorized officers or the exempted fishing permittee which regulations they have been exempted from. To provide a clear record of what regulatory exemptions apply to a particular EFP, § 600.745(b)(1) is also proposed to be revised to clearly indicate that a vessel with an EFP is only exempt from those regulations specified in the EFP. Changes to Application and Permit Process In § 600.745(b)(2)(v), NMFS proposes that an applicant for an EFP provide any anticipated impacts of the proposed activity on the environment, including impacts on fisheries, marine mammals, threatened or endangered species, and EFH, as part of an EFP application. Under the National Environmental Policy Act (NEPA), NMFS must make a determination regarding the environmental impact of any permitted activity. This NEPA determination is usually in the form of a CE (i.e., a category of actions which do not individually or cumulatively have a significant effect on the environment and which have been found to have no such effect and for which neither an environmental assessment
(EA)or environmental impact statement
(EIS)is required), which includes reference to any relevant previous NEPA analysis. Under some circumstances, an activity might require an EA or what may be even more rare, an EIS. Similarly, under § 600.920, NMFS must make a determination of the impact on EFH of any permitted activity and, therefore, needs to be provided with any available information on the activity that has a potential effect on EFH. NMFS recognizes that applicants have routinely provided this type of information as part of their application. This proposed change would document the current practice and clarify the reasons for collecting the information. A series of changes are proposed in the application process to speed public notification and allow for timely review of an application. The current regulations state, ”... notification of receipt of the application will be published in the **Federal Register** with a brief description of the proposal, and the intent of NMFS to issue an EFP. Interested persons will be given a 15- to 45-day opportunity to comment and/or comments will be requested during public testimony at a Council meeting.” NMFS proposes to revise this language to remove “and the intent of NMFS to issue an EFP.” The decision to issue an EFP should come after the public notice and comment process. NMFS also proposes to revise the language allowing public discussion of EFP applications at Council meetings, to clarify that Council meeting notices are not a substitute for publishing **Federal Register** notices for EFP applications, but are instead supplemental to that process. If the Council intends to take comments on EFP applications at a Council meeting, it must include a statement to this effect in the Council meeting notice and meeting agenda. Multiple applications for EFPs may be published in the same **Federal Register** document and may be discussed under a single Council agenda item. MSA section 318(f) specifically exempts research projects funded by quota set-asides from any new procedures established under section 318. There are existing procedures in place for processing EFP applications associated with these projects, which are necessary for NMFS to properly evaluate and analyze each project's compliance with NEPA, ESA, and MMPA requirements. NMFS believes the current procedures are beneficial to our process and help streamline the review and issuance of EFPs for quota set-aside programs. Therefore, these procedures will be retained. To further expedite the review of EFP applications for such projects, research projects funded through quota set-asides, such as those that participate in the Mid-Atlantic RSA program, will be exempted from the requirement to publish a separate **Federal Register** notice for each EFP application. Notice of selected Mid-Atlantic RSA projects is provided in the RSA section of the annual specifications notice that is published for each fishery management plan with an RSA program. An EA is normally prepared and analyzes the potential impacts of the selected RSA projects as part of each annual specifications process. The majority of the current quota set-aside funded projects are conducted in Northeast fisheries that are managed by the Mid-Atlantic Council. Examples of Mid-Atlantic RSA programs include: summer flounder, scup, black sea bass, squid, and monkfish. In addition, the New England Council has an RSA program for Atlantic sea scallops. RSA projects go through two concurrent processes before they receive their EFPs. There is a grant process, and an EFP process. Since 2003, the NMFS Northeast regional office has streamlined the RSA processes, particularly the EFP application and issuance process. The existing process accommodates variability, as not all fisheries or projects operate in the same manner. NMFS proposes that § 600.745(b)(3)(i)(C) be revised to include impacts on fisheries and EFH. In § 600.745(b)(3)(ii), current language states, “The Council(s) or the Administrator or the Regional Administrator shall notify the applicant in advance of any meeting at which the application will be considered, and offer the applicant the opportunity to appear in support of the application.” The language is proposed to be revised to clarify that the applicant has a right to be present and make comments only at public meetings. In § 600.745(b)(3)(iii), new language is proposed to be inserted that would clarify that NMFS would issue EFPs only after all required analyses and consultations (e.g., NEPA, EFH, ESA and MMPA) have been completed. This is in effect what currently occurs. In § 600.745(b)(3)(iii)(B), confusing language is proposed to be removed and in § 600.745(b)(3)(iii)(C) the language is clarified to indicate that while purely economic allocations could be grounds for a denial, compensation fishing should not be a reason to deny an EFP. NMFS is proposing language to clarify what terms and conditions should be included in an EFP. As previously discussed, a new paragraph
(C)would be added to § 600.745(b)(3)(v) to require that the EFP cite the specific regulations exempted. The subsequent paragraphs would be renumbered accordingly, and the renumbered paragraph
(F)would be revised to indicate that observers and electronic monitoring devices may be required. Renumbered paragraph
(G)would be revised to specify acceptable records for data reporting and to indicate that incidental catch and bycatch must be reported in all EFPs. A new paragraph
(4)would be added to § 600.745(b) to require that EFP holders must date and sign the permit, and return a copy of the original to the NMFS Regional Administrator or Director, to acknowledge the terms and conditions of the permit. The permit is not valid until signed by the holder. The subsequent paragraphs would be renumbered accordingly. In § 600.745(b)(5), language relating to revocation, suspension or modification of permits would be removed, as these activities are described in § 600.745(b)(9). In § 600.745(c)(1), clarifying language is proposed to indicate that NMFS is requesting the research information, and to clarify that the request is made for research exempted from the Magnuson-Stevens Act (research activity conducted from a scientific research vessel). Section 600.745(c)(2) would be revised to specify that persons operating under EFPs must report their catch at the end of the EFP activity, or at specified intervals during the course of the exempted fishing activity, as determined by the Regional Administrator or Director. This supports the previous discussion and proposed changes concerning the importance of documenting all catch and bycatch related to EFPs. Exempted educational activities are a subset of EFPs issued exclusively for educational purposes, i.e., the instruction of an individual or group, and allowing the capture of enough fish to demonstrate the lesson. Section 600.725(n) specifies that the trade, barter, or sale of any fish taken under an exempted educational activity is prohibited. This language is proposed to be repeated in § 600.745(d)(1) for clarity and ease of reference. Consistent with the discussion regarding EFP applications in § 600.745(b)(2)(v), it is proposed that an applicant for an exempted educational activity provide any anticipated impacts of the proposed activity on the environment; including the fishery, marine mammals, threatened or endangered species, and EFH; as part of an exempted educational activity application. Section 600.745(d)(3)(ii) would be revised to indicate that terms and conditions are mandatory for exempted educational activities in order to regulate and track catches, consistent with the proposed requirements of § 600.745(b)(3)(v). As with EFPs, several clarifications are proposed to specify what may be included in the terms and conditions for exempted educational activities. In § 600.745(d)(3)(ii), a new paragraph
(B)would be added to require that the exempted educational activity authorization cite the specific regulations exempted. The subsequent paragraphs would be renumbered accordingly, and renumbered paragraph
(E)would be revised to specify acceptable records for data reporting. In § 600.745(d)(3)(iii) and § 600.745(d)(7), NMFS proposes adding language that would require the exempted educational activity authorization specify the person(s) who will be in charge and present for the exempted educational activity to proceed. This would emphasize the educational nature of the activity and provide more assurance that the activity would be carried out as specified in the exempted educational activity authorization. EFP Requirements for NMFS Observer Program There have been questions regarding when, or if, observer programs are required to obtain EFPs in order for those observers to conduct catch sampling, biological studies, and retain fish for further analysis when doing so would be in violation of the applicable fishing regulations. In addition, the fisheries use several types of NMFS-sanctioned observers, including NMFS employees, NMFS contracted observers, and third party contractors who are permitted by NMFS to provide observers in the fishery. There are also various other programs that provide “sea samplers” on fishing vessels: Universities, states, and industry groups. In § 600.745, a new paragraph
(e)would exempt observers in the NMFS-sanctioned observer programs described above from the requirement to obtain an EFP. Other programs could continue to provide sea samplers, but would need an EFP to retain prohibited species or otherwise act in contravention of the published regulations. Classification Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the provisions of section 318(d) and 305(d) of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. This proposed rule would provide clarifications of current regulations and information requirements, as well as other administrative requirements regarding scientific research, exempted fishing, and exempted educational activities. The proposed rule would serve only to define terms, clarify distinctions among scientific research activity, exempted fishing, and exempted educational activities, and standardize procedures for applying for and issuing EFPs and authorizations for exempted educational activities as allowed under EFPs. As a result, an initial regulatory flexibility analysis is not required and none has been prepared. This proposed rule contains a collection-of-information requirement subject to review and approval by OMB under the Paperwork Reduction Act (PRA). This requirement has been approved by OMB. The public reporting burden for this collection of information is estimated:
(1)To average 6 hours per response to send NMFS a copy of a scientific research plan and average 1 hour per response to provide a copy of the cruise report or research publication;
(2)to average 1 hour per response to complete an application for an EFP and average 0.5 hours per response or authorization for an exempted educational activity; and
(3)to average 2 hours per response to provide a report at the conclusion of exempted fishing and average 0.5 hours per response to provide a report at the conclusion of exempted educational activities, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection information. Public comment is sought regarding: Whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the burden estimate; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information, including through the use of automated collection techniques or other forms of information technology. Send comments on these or any other aspects of the collection of information to the Office of Sustainable Fisheries at the ADDRESSES above, and email to *David_Rostker@omb.eop.gov* , or fax to
(202)395-7285. Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB control number. List of Subjects in 50 CFR Part 600 Fisheries, Fishing. Dated: December 18, 2007. William T. Hogarth, Assistant Administrator for Fisheries, National Marine Fisheries Service. For the reasons stated in the preamble, NMFS proposes to amend 50 CFR part 600 as follows: PART 600 MAGNUSON—STEVENS ACT PROVISIONS 1. The authority citation for part 600 continues to read as follows: Authority: 16 U.S.C. 971 *et seq.* & 1801 *et seq.* 2. In § 600.10, definitions for “Exempted educational activity”, “Exempted or experimental fishing”, “Region”, “Regional Administrator”, “Science and Research Director”, and “Scientific research activity” are revised, and definitions for “Compensation fishing”, “Conservation engineering”, and “Gear testing” are added, in alphabetical order, to read as follows: § 600.10 Definitions. *Compensation fishing* means fishing conducted for the purpose of recovering costs associated with resource surveys and scientific studies that support the management of a fishery, or to provide incentive for participation in such studies. Compensation fishing may include fishing prior to, during, or following such surveys or studies. Foreign vessels that qualify as scientific research vessels and which are engaged in a scientific research activity may only engage in compensation fishing during the scientific research cruise and in accordance with the applicable scientific research plan. Compensation fishing must be conducted under an EFP if the activity would otherwise be prohibited by regulations under this part. *Conservation engineering* means the study of fish behavior and the development and testing of new gear technology and fishing techniques that reduce collateral effects, such as minimizing bycatch and any adverse effects on EFH, and promote efficient harvest of target species. Conservation engineering is considered to be scientific research if it would otherwise meet the definition of a scientific research activity and is conducted by a scientific research vessel. Otherwise, conservation engineering is considered to be fishing, and must be conducted under an EFP if the activity would otherwise be prohibited by regulations under this part. *Exempted educational activity* means an activity, conducted by an educational institution accredited by a recognized national or international accreditation body, of limited scope and duration, that is otherwise prohibited by this chapter VI, but that is authorized by the appropriate Regional Administrator or Director for educational purposes. *Exempted or experimental fishing* means fishing from a vessel of the United States that involves activities otherwise prohibited by this chapter VI, but that are authorized under an EFP. The regulations in § 600.745 refer exclusively to exempted fishing. References elsewhere in this chapter to experimental fishing mean exempted fishing under this part. *Gear testing* means at-sea activity for the purpose of testing the functionality of fishing gear. During this type of activity, no fish may be retained aboard the vessel. Regional fishery regulations may specify additional requirements that would apply to this activity, such as using designated gear testing areas, testing trawl nets with the codend(s) open, or testing during closed seasons. *Region* means one of six NMFS Regional Offices responsible for administering the management and development of marine resources in the United States in their respective geographical areas of responsibility. *Regional Administrator* means the Director of one of the six NMFS Regions. *Science and Research Director* means the Director of one of the six NMFS Fisheries Science Centers described in Table 1 of § 600.502 of this part, or a designee, also known as a Center Director. *Scientific research activity* is, for the purposes of this part, an activity in furtherance of a scientific fishery investigation or study that would meet the definition of fishing under the Magnuson-Stevens Act, but for the exemption applicable to scientific research activity conducted from a scientific research vessel. Scientific research activity includes, but is not limited to, sampling, collecting, observing, or surveying the fish or fishery resources within the EEZ, at sea, on board scientific research vessels, to increase scientific knowledge of the fishery resources or their environment, and to test a hypothesis as part of a planned, directed investigation or study conducted according to methodologies generally accepted as appropriate for scientific research. At-sea scientific fishery investigations address one or more topics involving taxonomy, biology, physiology, behavior, disease, aging, growth, mortality, migration, recruitment, distribution, abundance, ecology, stock structure, bycatch or other collateral fishing effects, conservation engineering, and catch estimation of finfish and shellfish (invertebrate) species considered to be a component of the fishery resources within the EEZ. Scientific research activity does not include the collection and retention of fish outside the scope of the applicable research plan or the testing of fishing gear, unless it meets the definition of conservation engineering. For example, the testing of fishing gear to examine fish behavior in response to a bycatch reduction device would be conservation engineering and a scientific research activity, and would therefore not require an EFP. On the other hand, the testing of fishing gear to examine the gear's ability to catch more fish would not be conservation engineering or a scientific research activity, and would therefore be fishing and might require an EFP. Data collection designed to capture and land quantities of fish for product development, market research, and/or public display are not scientific research activities and must be permitted under exempted fishing procedures. For foreign vessels, such data collection activities are considered scientific research if they are carried out in full cooperation with the United States. 3. In § 600.512, paragraph
(a)is revised to read as follows: § 600.512 Scientific research.
(a)*Scientific research activity* . Persons planning to conduct scientific research activities aboard a scientific research vessel in the EEZ that may be confused with fishing are encouraged to submit to the appropriate Regional Administrator or Director, 60 days or as soon as practicable prior to its start, a scientific research plan for each scientific cruise. The Regional Administrator or Director will acknowledge notification of scientific research activity by issuing to the operator or master of that vessel, or to the sponsoring institution, a letter of acknowledgment (LOA). This LOA is separate and distinct from any permit or consultation required under the Marine Mammal Protection Act, the Endangered Species Act, or any other applicable law. If the Regional Administrator or Director believes that such a permit or consultation is required, the Regional Administrator or Director will not issue the LOA until the vessel obtains such a permit or the consultation is completed. If the Regional Administrator or Director, after review of a research plan, determines that it does not constitute scientific research activity but rather fishing, the Regional Administrator or Director will inform the applicant as soon as practicable and in writing. The Regional Administrator or Director may designate a Science and Research Director, or the Assistant Regional Administrator for Sustainable Fisheries, to receive scientific research plans and issue LOAs. The Regional Administrator, Director, or designee may also make recommendations to revise the research plan to ensure the cruise will be considered to be a scientific research activity. In order to facilitate identification of the activity as scientific research, persons conducting scientific research activities are advised to carry a copy of the scientific research plan and the LOA on board the scientific research vessel. Activities conducted in accordance with a scientific research plan acknowledged by such a letter are presumed to be scientific research activities. An authorized officer may overcome this presumption by showing that an activity does not fit the definition of scientific research activity or is outside the scope of the scientific research plan. 4. In § 600.745: A. Redesignate paragraphs (b)(3)(v)(C) through
(H)as paragraphs (b)(3)(v)(D) through (I), respectively. B. Redesignate paragraphs (b)(4) through
(8)as paragraphs (b)(5) through (9), respectively. C. Redesignate paragraphs (d)(3)(ii)(B) through
(F)as paragraphs (d)(3)(ii)(C) through (G), respectively. D. Add paragraphs (b)(3)(v)(C), (b)(4), (d)(3)(ii)(B), and (e). E. Revise paragraphs (a), (b)(1), (b)(2)(v), (b)(3)(i) introductory text, (b)(3)(i)(C), (b)(3)(ii), (b)(3)(iii) introductory text, (b)(3)(iii)(B), (b)(3)(iii)(C), (b)(3)(v) introductory text, (b)(3)(v)(F), (b)(3)(v)(G), (b)(5), (c), (d)(1), (d)(2)(vii), (d)(3)(ii) introductory text, (d)(3)(ii)(E), (d)(3)(iii), and (d)(7). The revisions and additions read as follows: § 600.745 Scientific research activity, exempted fishing, and exempted educational activity.
(a)*Scientific research activity* . Nothing in this part is intended to inhibit or prevent any scientific research activity conducted by a scientific research vessel. Persons planning to conduct scientific research activities aboard a scientific research vessel in the EEZ are encouraged to submit to the appropriate Regional Administrator or Director, 60 days or as soon as practicable prior to its start, a scientific research plan for each scientific cruise. The Regional Administrator or Director will acknowledge notification of scientific research activity by issuing to the operator or master of that vessel, or to the sponsoring institution, a letter of acknowledgment (LOA). This LOA is separate and distinct from any permit or consultation required by the Marine Mammal Protection Act, the Endangered Species Act, or any other applicable law. If the Regional Administrator or Director believes that such a permit or consultation is required, the Regional Administrator or Director will not issue the LOA until the vessel obtains such a permit or the consultation is completed. If the Regional Administrator or Director, after review of a research plan, determines that it does not constitute scientific research but rather fishing, the Regional Administrator or Director will inform the applicant as soon as practicable and in writing. The Regional Administrator or Director may designate a Science and Research Director, or the Assistant Regional Administrator for Sustainable Fisheries, to receive scientific research plans and issue LOAs. The Regional Administrator, Director, or designee may also make recommendations to revise the research plan to ensure the cruise will be considered to be scientific research activity or recommend the applicant request an EFP. In order to facilitate identification of the activity as scientific research, persons conducting scientific research activities are advised to carry a copy of the scientific research plan and the LOA on board the scientific research vessel. Activities conducted in accordance with a scientific research plan acknowledged by such a letter are presumed to be scientific research activity. An authorized officer may overcome this presumption by showing that an activity does not fit the definition of scientific research activity or is outside the scope of the scientific research plan.
(b)* * *
(1)*General* . A NMFS Regional Administrator or Director may authorize, for limited testing, public display, data collection, exploratory fishing, compensation fishing, conservation engineering, health and safety surveys, environmental cleanup, and/or hazard removal purposes, the target or incidental harvest of species managed under an FMP or fishery regulations that would otherwise be prohibited. Exempted fishing may not be conducted unless authorized by an EFP issued by a Regional Administrator or Director in accordance with the criteria and procedures specified in this section. An EFP exempts a vessel only from those regulations specified in the EFP. All other applicable regulations remain in effect. The Regional Administrator or Director may charge a fee to recover the administrative expenses of issuing an EFP. The amount of the fee will be calculated, at least annually, in accordance with procedures of the NOAA Handbook for determining administrative costs of each special product or service; the fee may not exceed such costs. Persons may contact the appropriate Regional Administrator or Director to determine the applicable fee.
(2)* * *
(v)The species (target and incidental) expected to be harvested under the EFP, the amount(s) of such harvest necessary to conduct the exempted fishing, the arrangements for disposition of all regulated species harvested under the EFP, and any anticipated impacts on the environment, including impacts on fisheries, marine mammals, threatened or endangered species, and essential fish habitat.
(3)* * *
(i)The Regional Administrator or Director, as appropriate, will review each application and will make a preliminary determination whether the application contains all of the required information and constitutes an activity appropriate for further consideration. If the Regional Administrator or Director finds that any application does not warrant further consideration, both the applicant and the affected Council(s) will be notified in writing of the reasons for the decision. If the Regional Administrator or Director determines that any application warrants further consideration, notification of receipt of the application will be published in the **Federal Register** with a brief description of the proposal. Research projects funded by quota set-asides, such as those that participate in the Mid-Atlantic RSA program, are exempt from the requirement to publish such a notice. Interested persons will be given a 15- to 45-day opportunity to comment on the notice of receipt of the EFP application. In addition comments may be requested during public testimony at a Council meeting. If the Council intends to take comments on EFP applications at a Council meeting, it must include a statement to this effect in the Council meeting notice and meeting agenda. Multiple applications for EFPs may be published in the same **Federal Register** document and may be discussed under a single Council agenda item. The notification may establish a cut-off date for receipt of additional applications to participate in the same, or a similar, exempted fishing activity. The Regional Administrator or Director also will forward copies of the application to the Council(s), the U.S. Coast Guard, and the appropriate fishery management agencies of affected states, accompanied by the following information:
(C)Biological information relevant to the proposal, including appropriate statements of environmental impacts, including impacts on fisheries, marine mammals, threatened or endangered species, and EFH.
(ii)If the application is complete and warrants additional consultation, the Regional Administrator or Director may consult with the appropriate Council(s) concerning the permit application during the period in which comments have been requested. The Council(s) or the Regional Administrator or Director shall notify the applicant in advance of any public meeting at which the application will be considered, and offer the applicant the opportunity to appear in support of the application.
(iii)As soon as practicable after receiving a complete application, including all required analyses and consultations (e.g., NEPA, EFH, ESA and MMPA), and having received responses from the public, the agencies identified in paragraph (b)(3)(i) of this section, and/or after the consultation, if any, described in paragraph (b)(3)(ii) of this section, the Regional Administrator or Director shall issue the EFP or notify the applicant in writing of the decision to deny the EFP, and, if denied, the reasons for the denial. Grounds for denial of an EFP include, but are not limited to, the following:
(B)According to the best scientific information available, the harvest to be conducted under the permit would detrimentally affect the well-being of the stock of any regulated species of fish, marine mammal, threatened or endangered species or essential fish habitat; or
(C)Issuance of the EFP would have economic allocation as its sole purpose (other than compensation fishing); or
(v)The Regional Administrator or Director may attach terms and conditions to the EFP consistent with the purpose of the exempted fishing and as otherwise necessary for the conservation and management of the fishery resources and the marine environment, including, but not limited to:
(C)A citation of the regulations from which the vessel is exempted.
(F)Whether observers, a vessel monitoring system, or other electronic equipment must be carried on board vessels operated under the EFP, and any necessary conditions, such as predeployment notification requirements.
(G)Data reporting requirements necessary to document the activities and to determine compliance with the terms and conditions of the EFP and established time frames and formats for submission of the data to NMFS.
(4)*Acknowledging permit conditions* . Upon receipt of an EFP, the holder must date and sign the permit, and return a copy of the original to the NMFS Regional Administrator or Director. The permit is not valid until signed by the holder. In signing the permit, the holder:
(i)Agrees to abide by all terms and conditions set forth in the permit, and all restrictions and relevant regulations under this subpart; and
(ii)Acknowledges that the authority to conduct certain activities specified in the permit is conditional and subject to authorization and revocation by the Regional Administrator or Director.
(5)*Duration* . Unless otherwise specified in the EFP or a superseding notice or regulation, an EFP is valid for no longer than 1 year. EFPs may be renewed following the application procedures in this section.
(c)*Reports* .
(1)NMFS requests persons conducting scientific research activities from scientific research vessels submit a copy of any cruise report or other publication created as a result of the cruise, including the amount, composition, and disposition of their catch, to the appropriate Science and Research Director.
(2)Upon completion of the activities of the EFP, or periodically as required by the terms and conditions of the EFP, persons fishing under an EFP must submit a report of their catches and any other information required, to the appropriate Regional Administrator or Director, in the manner and within the time frame specified in the EFP. The report must be submitted to the Regional Administrator or Director no later than 6 months after concluding the exempted fishing activity. Persons conducting EFP activities are also requested to submit a copy of any publication prepared as a result of the EFP activity.
(d)* * *
(1)*General* . A NMFS Regional Administrator or Director may authorize, for educational purposes, the target or incidental harvest of species managed under an FMP or fishery regulations that would otherwise be prohibited. The trade, barter or sale of fish taken under this authorization is prohibited. The decision of a Regional Administrator or Director to grant or deny an exempted educational activity authorization is the final action of NMFS. Exempted educational activities may not be conducted unless authorized in writing by a Regional Administrator or Director in accordance with the criteria and procedures specified in this section. Such authorization will be issued without charge.
(2)* * *
(vii)The species and amounts expected to be caught during the exempted educational activity, and any anticipated impacts on the environment, including impacts on fisheries, marine mammals, threatened or endangered species, and EFH.
(3)* * *
(ii)The Regional Administrator or Director may attach terms and conditions to the authorization, consistent with the purpose of the exempted educational activity and as otherwise necessary for the conservation and management of the fishery resources and the marine environment, including, but not limited to:
(B)A citation of the regulations from which the vessel is being exempted.
(E)Data reporting requirements necessary to document the activities and to determine compliance with the terms and conditions of the exempted educational activity.
(iii)The authorization will specify the scope of the authorized activity and will include, at a minimum, the duration, vessel(s), persons, species, and gear involved in the activity, as well as any additional terms and conditions specified under paragraph (d)(3)(ii) of this section.
(7)*Inspection* . Any authorization issued under this paragraph
(d)must be carried on board the vessel(s) for which it was issued or be in the possession of at least one of the persons identified in the authorization, who must be present while the exempted educational activity is being conducted. The authorization must be presented for inspection upon request of any authorized officer. Activities that meet the definition of “fishing,” despite an educational purpose, are fishing. An authorization may allow covered fishing activities; however, fishing activities conducted outside the scope of an authorization for exempted educational activities are illegal.
(e)*Observers* . NMFS-sanctioned observers or biological technicians conducting activities within NMFS-approved observer protocols are exempt from the requirement to obtain an EFP. For purposes of this section, NMFS-sanctioned observers or biological technicians include NMFS employees, NMFS observers, observers who are employees of NMFS-contracted observer providers, and observers who are employees of NMFS-permitted observer providers. [FR Doc. E7-24866 Filed 12-20-07; 8:45 am] BILLING CODE 3510-22-S 72 245 Friday, December 21, 2007 Notices DEPARTMENT OF AGRICULTURE Forest Service Grand Mesa, Uncompahgre and Gunnison National Forests; CO; Establishment of Fees for Forest Cabin Rental Program AGENCY: Forest Service, USDA. ACTION: Notice of new fee site and solicitation of comments. SUMMARY: The Grand Mesa, Uncompahgre and Gunnison
(GMUG)National Forests proposes to begin charging fees for the overnight rental of several cabins including 3 cabins at the Cold Springs Adminstrative Site; 2 cabins at the Mesa Lakes Administrative Site and single cabins at 25 Mesa, Silesca, and Jackson Administrative Sites. Public rentals of Forest Service cabins in other parts of Colorado is very popular and shows that the public appreciates and enjoys the use and availability of historic rental cabins. Funds from the rentals will be used for the continued operation and maintenance of the rental cabins. The Cold Springs Adminstrative Site is located in T 51N, R16, Section 29 and the Mesa Lakes Administrative Site is located in T11S, R96W, Section 34 on the Grand Valley Ranger District. The 25 Mesa Cabin is located in T49N, R13W, Section 6, the Silesca Cabin is located in T47N, R11W, Section 18, and the Jackson Cabin is located in T46N, R6W, Section 28; all three are located on the Ouray Ranger District. DATES: The sites are expected to become available for rent May 2008. Comments, concerns or questions about this new fee must be submitted by January 30, 2008. ADDRESSES: Submit written comments, concerns, or questions about the new fee for cabin rentals to: Grand Mesa, Uncompahgre and Gunnison National Forests, Attn: Cabin Rental Program, 2250 Highway 50, Delta, Colorado, 81416. FOR FURTHER INFORMATION CONTACT: Connie Clementson, Grand Valley District Ranger 970—242-8211, or Tammy Randall-Parker, Ouray District Ranger 970-240-5415. SUPPLEMENTARY INFORMATION: The Federal Lands Recreation Enhancement Act (Title VIII, Pub. L. 108-447) directed the Secretary of Agriculture to publish a six month advance notice in the **Federal Register** whenever new recreation fee areas are established. The intent of this notice is to give the public an opportunity to comment if they have concerns or questions about new fees. This is the GMUG National Forest's first cabin rental opportunity. Other cabin rentals exist in neighboring national forests in Colorado. The cabins in Colorado are often fully booked throughout their rental season. The GMUG National Forest proposes to rent the cabins for $40 to $180 a night, but will conduct a market analysis to determine if the fees are both reasonable and acceptable for this unique recreation experience. People wanting to rent the cabins will need to make advanced reservations through the National Recreation Reservation Service at *http://www.Recreation.gov* or by calling 1-877-444-6777. The National Recreation Reservation Service charges a fee for reservations. Dated: December 17, 2007. Kendall Clark, Deputy Forest Supervisor. [FR Doc. E7-24840 Filed 12-20-07; 8:45 am] BILLING CODE 3410-11-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Information Collection To Be Submitted to the Office of Management and Budget
(OMB)for Approval Under the Paperwork Reduction Act; Nonprofit Agency Recordkeeping Requirements AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Notice; request for comments. SUMMARY: The Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee) will submit the collection of information listed below to OMB for approval under the provisions of the Paperwork Reduction Act. This notice solicits comments on that collection of information. DATES: Submit your written comments on the information collection on or before February 19, 2008. ADDRESSES: Mail your comments on the requirement to Janet Yandik, Information Management Specialist, Committee for Purchase From People Who Are Blind or Severely Disabled, 1421 Jefferson Davis Highway, Jefferson Plaza 2, Suite 10800, Arlington, VA, 22202-3259; fax
(703)603-0655; or e-mail *rulescomment@abilityone.gov* . FOR FURTHER INFORMATION CONTACT: Janet Yandik, Information Management Specialist Committee for Purchase From People Who Are Blind or Severely Disabled, 1421 Jefferson Davis Highway, Jefferson Plaza 2, Suite 10800, Arlington, VA, 22202-3259; phone
(703)603-2147; fax
(703)603-0655; or e-mail *rulescomment@abilityone.gov* . SUPPLEMENTARY INFORMATION: The Office of Management and Budget
(OMB)regulations at 5 CFR part 1320, which implement provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), require that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8(d)). The Committee plans to submit a request to OMB to renew its approval of the collection of information for nonprofit agency responsibilities related to recordkeeping. The Committee is requesting a 3-year term of approval for this information collection activity. Federal agencies 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 collection of information is 3037-0005. The Javits-Wagner-O'Day
(JWOD)Act of 1971 (41 U.S.C. 46-48c) is the authorizing legislation for the AbilityOne Program. The AbilityOne Program creates jobs and training opportunities for people who are blind or who have other severe disabilities. Its primary means of doing so is by requiring Government agencies to purchase selected products and services from nonprofit agencies employing such individuals. The AbilityOne Program is administered by the Committee. Two national, independent organizations, National Industries for the Blind
(NIB)and NISH, help State and private nonprofit agencies participate in the AbilityOne Program. The implementing regulations for the JWOD Act, which are located at 41 CFR Chapter 51, detail the recordkeeping requirements imposed on nonprofit agencies participating in the AbilityOne Program. Section 51-2.4 of the regulations describes the criteria that the Committee must consider when adding a product or service to its Procurement List. One of these criteria is that a proposed addition must demonstrate a potential to generate employment for people who are blind or severely disabled. The Committee decided that evidence that employment will be generated for those individuals consists of recordkeeping that tracks direct labor and revenues for products or services sold through an AbilityOne Program contract. This recordkeeping can be done on each individual AbilityOne project or by product or service family. In addition, Section 51-4.3 of the regulations requires that nonprofit agencies keep records on direct labor hours performed by each worker and keep an individual record or file for each individual who is blind or severely disabled, documenting that individual's disability and capabilities for competitive employment. The records that nonprofit agencies must keep in accordance with Section 51-4.3 of the regulations constitute the bulk of the hour burden associated with this OMB control number. This information collection renewal request seeks approval for the Committee to continue to ensure compliance with recordkeeping requirements established by the authority of the JWOD Act and set forth in the Act's implementing regulations and to ensure that the Committee has the ability to confirm the suitability of products and services on its Procurement List. The recordkeeping requirements described in this document are the same as those currently imposed on nonprofit agencies participating in the AbilityOne Program. • Title: Nonprofit Agency Responsibilities, 41 CFR 51-2.4 and 51-4.3. • OMB Control Number: 3037-0005. • Description of Collection: Recordkeeping. • Description of Respondents: Nonprofit agencies participating in the AbilityOne Program. • Annual Number of Respondents: About 650 nonprofit agencies will annually participate in recordkeeping. • Total Annual Burden Hours: The recordkeeping burden is estimated to average 5 hours per respondent. Total annual burden is 3,250 hours. We invite comments concerning this renewal on:
(1)Whether the collection of information is necessary for the proper performance of our agency's functions, including whether the information will have practical utility;
(2)the accuracy of our estimate of the burden of the collection of information;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)ways to minimize the burden of the collection of information on respondents. Dated: December 17, 2007. Kimberly M. Zeich, Director, Program Operations. [FR Doc. E7-24848 Filed 12-20-07; 8:45 am] BILLING CODE 6353-01-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Addition and Deletion ACTION: Proposed addition to and deletion from the Procurement List. SUMMARY: The Committee is proposing to add to the Procurement List a service to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and to delete product previously furnished by such agencies. Comments Must be Received on or Before: January 20, 2008. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia, 22202-3259. FOR FURTHER INFORMATION OR TO SUBMIT COMMENTS CONTACT: Kimberly M. Zeich, Telephone:
(703)603-7740, Fax:
(703)603-0655, or e-mail *CMTEFedReg@jwod.gov* . SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C 47(a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. Addition If the Committee approves the proposed addition, the entities of the Federal Government identified in this notice for each product or service will be required to procure the service listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the service to the Government. 2. If approved, the action will result in authorizing small entities to furnish the service to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the service proposed for addition to the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification The following service is proposed for addition to Procurement List for production by the nonprofit agencies listed: Service *Service Type/Location:* Supply Store Operation, U.S. Nuclear Regulatory Commission, Rockville, MD. *NPA:* Blind Industries & Services of Maryland, Baltimore, MD. *Contracting Activity:* U.S. Nuclear Regulatory Commission, Washington, DC. Deletion Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action may result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. If approved, the action may result in authorizing small entities to furnish the product to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the product proposed for deletion from the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification The following product is proposed for deletion from the Procurement List: Product Paper, Kraft Wrapping NSN: 8135-00-160-7758 NSN: 8135-00-160-7772 NSN: 8135-00-160-7778 NSN: 8135-00-286-7317 NSN: 8135-00-290-3407 *NPA:* Cincinnati Association for the Blind, Cincinnati, OH. *Contracting Activity:* General Services Administration, Office Supplies & Paper Products Acquisition Ctr, New York, NY. Kimberly M. Zeich, Director, Program Operations. [FR Doc. E7-24849 Filed 12-20-07; 8:45 am] BILLING CODE 6353-01-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Additions and Deletions AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Additions to and Deletions From the Procurement List. SUMMARY: This action adds to the Procurement List products and a service to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes from the Procurement List products and services previously furnished by such agencies. DATES: *Effective Date:* January 20, 2008. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia, 22202-3259. FOR FURTHER INFORMATION CONTACT: Kimberly M. Zeich, Telephone:
(703)603-7740, Fax:
(703)603-0655, or e-mail *CMTEFedReg@jwod.gov.* SUPPLEMENTARY INFORMATION: Additions On October 12, October 19 and October 26, 2007, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (72 FR 58051; 59251; 60796-60797) of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the products and service and impact of the additions on the current or most recent contractors, the Committee has determined that the products and service listed below are suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products and service to the Government. 2. The action will result in authorizing small entities to furnish the products and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products and service proposed for addition to the Procurement List. End of Certification Accordingly, the following products and service are added to the Procurement List: Products Cable Assembly, Brake *NSN:* 2590-01-265-3185—Parking (Rear Left). *Coverage:* C-List for the requirements of the Defense Supply Center Columbus, Columbus, OH. Control Assembly, Push-Pull *NSN:* 2590-01-279-5714—Control Assembly, Push-Pull. *Coverage:* C-List for the requirements of the Defense Supply Center Columbus, Columbus, OH. *NPA:* Opportunities, Inc. of Jefferson County, Fort Atkinson, WI. *Contracting Activity:* Defense Supply Center Columbus, Columbus, OH. Hat Liners, Hoods & Booties *NSN:* 8415-LL-DM1-0027—Cotton Knit Winter Liner. *NSN:* 8415-LL-DM1-0076—Cloth Hood. *NSN:* 8415-LL-DM1-0077—Cotton Canvas Overshoes. *NPA:* Community Workshops, Inc., Boston, MA. *Coverage:* C-List for the requirements of the Portsmouth Naval Shipyard, Portsmouth, NH. *Contracting Activity:* Department of the Navy, Fleet Industrial Supply Center
(FISC)Norfolk, Portsmouth Naval Shipyard, Portsmouth, NH. Maintenance Record Holder *NSN:* 8105-00-190-9824—Maintenance Record Holder. *NPA:* Raleigh Lions Clinic for the Blind, Inc., Raleigh, NC. *Coverage:* B-List for the broad Government requirements as specified by the General Services Administration. *Contracting Activity:* General Services Administration, Region 2, Office Supply & Paper Products Acquisition Ctr, New York, NY. Service *Service Type/Location:* Base Supply Center, Defense Supply Center Richmond, 8000 Jefferson Davis Highway, Richmond, VA. *NPA:* Virginia Industries for the Blind, Charlottesville, VA. *Contracting Activity:* Defense Supply Center Richmond, Richmond, VA. Deletions On October 19 and October 26, 2007 the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (72 FR 59252; 60797) of proposed deletions to the Procurement List. After consideration of the relevant matter presented, the Committee has determined that the products and services listed below are no longer suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action may result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. The action may result in authorizing small entities to furnish the products and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products and services deleted from the Procurement List. End of Certification Accordingly, the following products and services are deleted from the Procurement List: Products Cup, Disposable *NSN:* 7350-00-761-7467—Cup, Disposable, 6 oz. *NSN:* 7350-00-914-5088—Cup, Disposable, 10 oz. *NSN:* 7350-00-914-5089—Cup, Disposable, 8 oz. Cup, Disposable (Foam Plastic) *NSN:* 7350-00-082-5741—Cup, Disposable (Foam Plastic), 8 oz. *NSN:* 7350-00-145-6126—Cup, Disposable (Foam Plastic), 16 oz. *NSN:* 7350-00-721-9003—Cup, Disposable (Foam Plastic), 6 oz. *NSN:* 7350-00-926-1661—Cup, Disposable (Foam Plastic), 10 oz. Lid, Plastic (Foam Cup) *NSN:* 7350-01-485-7092—Lid, Plastic (Foam Cup), 6 oz. *NSN:* 7350-01-485-7093—Lid, Plastic (Foam Cup), 10 oz. *NSN:* 7350-01-485-7094—Lid, Plastic (Foam Cup), 8 oz. *NSN:* 7350-01-485-7889—Lid, Plastic (Foam Cup), 16 oz. *NPA:* The Oklahoma League for the Blind, Oklahoma City, OK. *Contracting Activity:* General Services Administration, Southwest Supply Center, Fort Worth, TX. Cup, Drinking, Styrofoam *NSN:* M.R. 537—Cup, Drinking, Styrofoam, 8 oz., 51 ct. *NSN:* M.R. 539—Cup, Drinking, Styrofoam, 16 oz., 18 ct. *NPA:* The Oklahoma League for the Blind, Oklahoma City, OK. *Contracting Activity:* Defense Commissary Agency (DeCA), Fort Lee, VA. Protector and Sleeve Transparencies *NSN:* 7510-01-483-9754—Transparency Protector, Flip-Frame with Pre-View. *NSN:* 7510-01-484-0016—Sleeve, Transparency. *NSN:* 7510-01-484-0019—Transparency Protector, Flip-Frame. Transparency, Ink Jet *NSN:* 7530-01-484-1753 . *NPA:* Industries of the Blind, Inc., Greensboro, NC. *Contracting Activity:* General Services Administration, Office Supplies & Paper Products Acquisition Ctr, New York, NY. Services *Service Type/Location:* Janitorial/Custodial, U.S. Department of Agriculture, Animal and Plant Health Inspection Service/PPQ, Asian Longhorn Beetle Project, 3920 N. Rockwell, Chicago, IL. *NPA:* Habilitative Systems, Inc., Chicago, IL. *Contracting Activity:* U.S. Department of Agriculture, Animal & Plant Health Inspection Service, Minneapolis, MN. *Service Type/Location:* Janitorial/Custodial, Naval and Marine Corps Reserve Center, Eugene, OR. *NPA:* Unknown. *Contracting Activity:* Naval Facilities Engineering Command—Everett, Everett, WA Kimberly M. Zeich, *Service Type/Location:* Director, Program Operations. [FR Doc. E7-24850 Filed 12-20-07; 8:45 am] BILLING CODE 6353-01-P DEPARTMENT OF COMMERCE International Trade Administration [A-552-801] Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Extension of Time Limits for the Preliminary Results of the 2006-2007 Semiannual New Shipper Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 21, 2007. FOR FURTHER INFORMATION CONTACT: Julia Hancock, Nicole Bankhead, and Michael Holton, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-1394,
(202)482-9068, and
(202)482-1324, respectively. Background On April 2, 2007, the Department of Commerce (“the Department”) published a notice of initiation of new shipper reviews of certain frozen fish fillets from the Socialist Republic of Vietnam (“Vietnam”) covering the period August 1, 2006, through January 31, 2007. *See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Initiation of New Shipper Reviews* , 72 FR 15653 (April 2, 2007). On September 12, 2007, the Department extended the preliminary results of these new shipper reviews by ninety days. *See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Extension of Time Limits for the Preliminary Results of the 2006-2007 Semiannual New Shipper Reviews* , 72 FR 52048 (September 12, 2007). The preliminary results of these new shipper reviews are currently due no later than December 21, 2007. Statutory Time Limits Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the “Act”), provides that the Department will issue the preliminary results of a new shipper review of an antidumping duty order within 180 days after the day on which the review was initiated. *See also* 19 CFR 351.214 (i)(1). The Act further provides that the Department may extend that 180-day period to 300 days if it determines that the case is extraordinarily complicated. *See* 19 CFR 351.214 (i)(2). Extension of Time Limit of Preliminary Results The Department determines that these new shipper reviews involve extraordinarily complicated methodological issues such as potential affiliation issues, the examination of importer information and the evaluation of the *bona fide* nature of each company's sales. Therefore, in accordance with section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2), the Department is extending the time limit for these preliminary results by 30 days, until no later than January 22, 2008. 1 The final results continue to be due 90 days after the publication of the preliminary results. 1 Thirty days from the original deadline is January 20, 2008. However, Department practice dictates that where a deadline falls on a weekend or holiday, the appropriate deadline is the next business day. *See Notice of Clarification: Application of “Next Business Day” Rule for Administrative Determination Deadlines Pursuant to the Act* , 70 FR 24533 (May 10, 2005). We are issuing and publishing this notice in accordance with sections 751(a)(2)(B)(iv) and 777(i) of the Act. Dated: December 13, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7-24854 Filed 12-20-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-893] Certain Frozen Warmwater Shrimp from the People's Republic of China: Final Rescission of Antidumping Duty New Shipper Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (“the Department”) is currently conducting a semi-annual 2006 new shipper review of the antidumping duty order on certain frozen warmwater shrimp (“shrimp”) from the People's Republic of China (“PRC”). We determine that Maoming Changxing Foods Co., Ltd. (“Maoming Changxing”) has failed to demonstrate its status as a separate entity entitled to a new shipper review. Therefore, we have determined that this new shipper review should be rescinded. EFFECTIVE DATE: December 21, 2007. FOR FURTHER INFORMATION CONTACT: Cindy Lai Robinson, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14 th Street and Constitution Avenue, NW, Washington, D.C., 20230; telephone:
(202)482-3797. SUPPLEMENTARY INFORMATION: Background The Department received a timely request from Maoming Changxing, in accordance with 19 CFR 351.214(c), for a new shipper review of the antidumping duty order on shrimp from the PRC. On September 29, 2006, the Department initiated an antidumping duty new shipper review covering the period February 1, 2006, through July 31, 2006. *See Certain Frozen Warmwater Shrimp from the People's Republic of China: Initiation of New Shipper Review* , 71 FR 57469 (September 29, 2006) (“ *Initiation Notice* ”). On July 26, 2007, the Department preliminarily rescinded this new shipper review because Maoming Changxing had failed to demonstrate its eligibility for a separate rate. *See Certain Frozen Warmwater Shrimp from the People's Republic of China: Preliminary Notice of Intent to Rescind Antidumping Duty New Shipper Review* , 72 FR 41058 (July 26, 2007). On August 27, 2007, the Department received case briefs from Maoming Changxing and the Ad Hoc Shrimp Trade Action Committee (“Petitioners”). The Department received rebuttal briefs on September 6, 2007, from the same parties. On October 12, 2007, the Department extended the time limits for the final results of this new shipper review to December 17, 2007. *See Notice of Extension of the Final Results of Antidumping Duty New Shipper Review: Certain Frozen Warmwater Shrimp from the People's Republic of China* , 72 FR 58055 (October 12, 2007). Scope of Order The scope of this order includes certain frozen warmwater shrimp and prawns, whether wild-caught (ocean harvested) or farm-raised (produced by aquaculture), head-on or head-off, shell-on or peeled, tail-on or tail-off, deveined or not deveined, cooked or raw, or otherwise processed in frozen form. The frozen warmwater shrimp and prawn products included in the scope of this investigation, regardless of definitions in the Harmonized Tariff Schedule of the United States (“HTS”), are products which are processed from warmwater shrimp and prawns through freezing and which are sold in any count size. The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the Penaeidae family. Some examples of the farmed and wild-caught warmwater species include, but are not limited to, white-leg shrimp (Penaeus vannemei), banana prawn (Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), redspotted shrimp (Penaeus brasiliensis), southern brown shrimp (Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus curvirostris), southern white shrimp (Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus indicus). Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of this investigation. In addition, food preparations, which are not “prepared meals,” that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of this investigation. Excluded from the scope are:
(1)Breaded shrimp and prawns ( HTS subheading 1605.20.10.20);
(2)shrimp and prawns generally classified in the Pandalidae family and commonly referred to as coldwater shrimp, in any state of processing;
(3)fresh shrimp and prawns whether shell-on or peeled (HTS subheadings 0306.23.00.20 and 0306.23.00.40);
(4)shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10);
(5)dried shrimp and prawns;
(6)Lee Kum Kee's shrimp sauce;
(7)canned warmwater shrimp and prawns (HTS subheading 1605.20.10.40);
(8)certain dusted shrimp; 1 and
(9)certain battered shrimp. 2 1 Dusted shrimp is a shrimp-based product:
(1)That is produced from fresh (or thawed-from-frozen) and peeled shrimp;
(2)to which a “dusting” layer of rice or wheat flour of at least 95 percent purity has been applied;
(3)with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour;
(4)with the non-shrimp content of the end product constituting between four and 10 percent of the product's total weight after being dusted, but prior to being frozen; and
(5)that is subjected to individually quick frozen (“IQF”) freezing immediately after application of the dusting layer. 2 Battered shrimp is a shrimp-based product that, when dusted in accordance with the definition of dusting above, is coated with a wet viscous layer containing egg and/or milk, and par-fried. The products covered by this investigation are currently classified under the following HTS subheadings: 0306.13.00.03, 0306.13.00.06, 0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18, 0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40, 1605.20.10.10, and 1605.20.10.30. These HTS subheadings are provided for convenience and for customs purposes only and are not dispositive, but rather the written description of the scope of this investigation is dispositive. Period of Review The period of review (“POR”) is February 1, 2006, through July 31, 2006. Analysis of Comments Received All issues raised in the briefs are addressed in the Memorandum to the Assistant Secretary: Issues and Decision Memorandum for the Final Rescission in the Antidumping Duty New Shipper Review of Certain Frozen Warmwater Shrimp from the People's Republic of China, dated October 17, 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. Final Rescission of Review As discussed in the Issues and Decision Memorandum at Comment 1, the Department has determined that Maoming Changxing does not meet the requirements for establishing its qualification for a new shipper review under section 351.214(a) of the Department's regulations because it did not provide the Department with complete, accurate, reliable, and verifiable information regarding its ownership and affiliation. Because the Department was unable to determine the party's affiliations and Maoming Changxing failed to demonstrate that it is separate from any entity which shipped during the original period of investigation, Maoming Changxing is considered part of the PRC-wide entity. Accordingly, we are rescinding this new shipper review. *See, e.g., Freshwater Crawfish Tail Meat From the People's Republic's of China: Rescission of New Shipper Reviews* , 72 FR 26782 (May 11, 2007); *see also Brake Rotors from the People's Republic of China: Rescission of Second New Shipper Review and Final Results and Partial Rescission of First Antidumping Duty Administrative Review* , 64 FR 61581 (November 12, 1999). As the Department is rescinding this new shipper review, we are not calculating a company-specific rate for Maoming Changxing, and Maoming Changxing will remain part of the PRC-wide entity. Changes Since the Preliminary Results We have made no changes to our preliminary decision to rescind the new shipper review of Maoming Changxing. Assessment of Antidumping Duties A cash deposit of 112.81 percent *ad valorem* shall be collected for any entries produced or exported by Maoming Changxing. The Department will issue appropriate assessment instructions directly to CBP after 15 days from the publication of this notice. 3 3 Note that the Department published the final rescission of the administrative review for certain frozen warmwater shrimp from the PRC covering the period February 1, 2006, through January 21, 2007. *See Certain Frozen Warmwater Shrimp from the People's Republic of China: Rescission of the Second Administrative Review* , 72 FR 61858 (November 1, 2007). Maoming Changxing is hereby considered part of the PRC-wide entity. The Department will issue liquidation instructions for the PRC-wide entity, which includes Maoming Changxing, 15 days after the publication of this notice. Notification to Interested Parties This notice serves as the final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and in the subsequent assessment of double antidumping duties. This notice also serves as the only reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO. This new shipper review and this notice are published in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.214(f)(3). Dated: December 17, 2007. David M. Spooner, Assistant Secretary for Import Administration. Appendix I *Comment 1:* Whether to Rescind the Review *Comment 2:* The Margin Assigned to Maoming Changxing [FR Doc. E7-24851 Filed 12-20-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-886] Polyethylene Retail Carrier Bags from the People's Republic of China: Notice of Extension of Time Limit for the Final Results of the Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 21, 2007. FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone
(202)482-5831. SUPPLEMENTARY INFORMATION: Background On September 29, 2006, the Department of Commerce (“Department”) published a notice of initiation of administrative review of the antidumping duty order on polyethylene retail carrier bags from the People's Republic of China (“PRC”). *See Initiation of Antidumping and Countervailing Duty Administrative Reviews* , 71 FR 57465 (September 29, 2006). On September 10, 2007, the Department published the preliminary results. *See Polyethylene Retail Carrier Bags from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Review* , 72 FR 51588 (September 10, 2007). This review covers the period August 1, 2005, through July 31, 2006. The final results are currently due by January 8, 2008. Extension of Time Limit for Final Results of Review Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“the Act”), the Department shall make a final determination in an administrative review of an antidumping duty order within 120 days after the date on which the preliminary results were published. The Act further provides, however, that the Department may extend that 120-day period to 180 days after publication of the preliminary results if it determines it is not practicable to complete the review within the foregoing time period. The Department finds that it is not practicable to complete the final results of the administrative review of polyethylene retail carrier bags from the PRC within the 120-day period due to complex issues the parties have raised regarding the factors of production allocation methodology of Rally Plastics Co., Ltd., a mandatory respondent in this administrative review. In accordance with section 751(a)(3)(A) of the Act, the Department is fully extending the time period for completion of the final results of this review by 60 days to 180 days after the date on which the preliminary results were published. Therefore, the final results are now due no later than March 8, 2008. However, as that date falls on a Saturday, the final results will be due no later than the next business day, Monday, March 10, 2008. This notice is published in accordance with sections 751(a)(3)(A) and 777(i) of the Act and 19 CFR 351.213(h)(2). Dated: November 29, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7-24852 Filed 12-20-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-533-810] Stainless Steel Bar from India: Final Results of Antidumping Duty New Shipper Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 21, 2007. SUMMARY: The Department of Commerce (“Department”) is conducting a new shipper review of the antidumping duty order on stainless steel bar from India manufactured and exported by Ambica Steels Limited (“Ambica”). The period of review is February 1, 2006, through July 31, 2006. In these final results, we have determined to apply adverse facts available. EFFECTIVE DATE: December 21, 2007. FOR FURTHER INFORMATION CONTACT: Devta Ohri or Brandon Farlander, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone
(202)482-3853 and
(202)482-0182, respectively. SUPPLEMENTARY INFORMATION: Background On July 23, 2007, the Department published in the **Federal Register** the preliminary results of the new shipper review of the antidumping duty order on stainless steel bar (“SSB”) from India. *See Stainless Steel Bar from India: Preliminary Results of Antidumping Duty New Shipper Review* , 72 FR 40113 (July 23, 2007). Following the preliminary results, we conducted verification of Ambica's sales and costs in New Delhi, India, from September 24, 2007, through October 5, 2007. We invited interested parties to comment on the preliminary results, and the Department's verification findings. On November 26, 2007, we received a case brief from Ambica. On November 28, 2007, we received a rebuttal brief from Carpenter Technology Corporation, Valbruna Slater Stainless, Inc., Electralloy Corporation, a Division of G.O. Carlson, Inc. (collectively, “the Petitioners”). Period of Review The period of review (“POR”) is February 1, 2006, through July 31, 2006. Scope of the Order Imports covered by the order are shipments of SSB. SSB means articles of stainless steel in straight lengths that have been either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise cold-finished, or ground, having a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles, hexagons, octagons, or other convex polygons. SSB includes cold-finished SSBs that are turned or ground in straight lengths, whether produced from hot-rolled bar or from straightened and cut rod or wire, and reinforcing bars that have indentations, ribs, grooves, or other deformations produced during the rolling process. Except as specified above, the term does not include stainless steel semi-finished products, cut-to-length flat-rolled products ( *i.e.* , cut-to-length rolled products which if less than 4.75 mm in thickness have a width measuring at least 10 times the thickness, or if 4.75 mm or more in thickness having a width which exceeds 150 mm and measures at least twice the thickness), wire ( *i.e.* , cold-formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat-rolled products), and angles, shapes, and sections. The SSB subject to these reviews is currently classifiable under subheadings 7222.11.00.05, 7222.11.00.50, 7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45, 7222.20.00.75, and 7222.30.00.00 of the Harmonized Tariff Schedule of the United States (“HTSUS”). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the order is dispositive. On May 23, 2005, the Department issued a final scope ruling that SSB manufactured in the United Arab Emirates out of stainless steel wire rod from India is not subject to the scope of this order. *See* Memorandum from Team to Barbara E. Tillman, “Antidumping Duty Orders on Stainless Steel Bar from India and Stainless Steel Wire Rod from India: Final Scope Ruling,” dated May 23, 2005, which is on file in the CRU in room B-099 of the main Department building. *See also Notice of Scope Rulings* , 70 FR 55110 (September 20, 2005). Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this review are addressed in the December 14, 2007, “Issues and Decision Memorandum for the New Shipper Review of Stainless Steel Bar from India” (“Decision Memorandum”), which is hereby adopted by this notice. Attached to this notice as an appendix is a list of the issues which parties have raised and to which we have responded in the Decision Memorandum. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum, which is on file in the Department's Central Records Unit, Room B-099 of the main Department building (“CRU”). In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at *www.ia.ita.doc.gov/frn* . The paper copy and electronic version of the Decision Memorandum are identical in content. Verification As provided in section 782(i)(3) of the Tariff Act of 1930 (the “Act”), as amended, we conducted verification of Ambica's sales and costs in New Delhi, India, from September 24, 2007, through October 5, 2007. *See* Memorandum from Brandon Farlander and Devta Ohri to the File: Verification of the Sales and Cost Response of Ambica Steels Limited in the Antidumping New Shipper Review of Stainless Steel Bar from India, dated November 16, 2007 (“Verification Report”). Bona Fide Analysis Consistent with the Department's practice, we investigated whether the U.S. transaction reported by Ambica during the POR was a *bona fide* sale. Among the factors examined was the relationship between Ambica and its reported U.S. customer. *See* Memorandum from Devta Ohri, International Trade Compliance Analyst to the File entitled, “ *Bona Fide* Nature of Ambica Steels Limited's Sales in the New Shipper Review for Stainless Steel Bar from India,” dated July 17, 2007, on file in room B-099 of the main Department of Commerce building. We also examined the *bona fide* nature of Ambica's sale at verification. *See* Verification Report. Based on our investigation, we continue to find that Ambica's sale was made on a *bona fide* basis. *See* Decision Memorandum at Comment 1. Application of Adverse Facts Available Section 776(a)(2) of the Act provides that, if an interested party or any other person
(A)withholds information that has been requested by the administering authority,
(B)fails to provide such information by the deadlines for the submission of the information or in the form and manner requested, subject to subsections (c)(1) and
(e)of section 782,
(C)significantly impedes a proceeding under this title, or
(D)provides such information but the information cannot be verified as provided in section 782(i), the administering authority shall, subject to section 782(d), use the facts otherwise available in reaching the applicable determination. Section 782(d) of the Act provides that if the Department determines that a response to a request for information does not comply with the request, the Department shall promptly inform the person submitting the response of the nature of the deficiency and shall, to the extent practicable, provide that person with an opportunity to remedy or explain the deficiency in light of the time limits established for the completion of the administrative review. Section 782(e) of the Act states that the Department shall not decline to consider information determined to be “deficient” under section 782(d) if all of the following requirements are met:
(1)the information is submitted by the established deadline;
(2)the information can be verified;
(3)the information is not so incomplete that it cannot serve as a reliable basis for reaching the applicable determination;
(4)the interested party has demonstrated that it acted to the best of its ability; and
(5)the information can be used without undue difficulties. In addition, section 776(b) of the Act provides that, if the Department finds that an interested party has failed to co-operate by not acting to the best of its ability to comply with a request for information, the Department may use an inference adverse to the interests of that party in selecting from among the facts otherwise available. The Statement of Administrative Action accompanying the Uruguay Round Agreements Act, H.R. Doc. 103- 316, Vol. 1
(1994)at 870 (SAA), reflects the Department's practice that it may employ an adverse inference “to ensure that the party does not obtain a more favorable result by failing to cooperate to the best of its ability than if it had cooperated fully.” It also instructs the Department to consider, in employing adverse inferences, “the extent to which a party may benefit from its own lack of cooperation.” *Id* . We determine that Ambica's home market sales database submitted on May 11, 2007, (entitled “ASLIHM02”) cannot serve as the basis for calculating a margin for Ambica because we are unable to depend on the accuracy and reliability of the information in this database. In our questionnaire, we described the form and manner in which the respondent should report its sales data. Specifically, we stated: For sales of merchandise that have been shipped to the customer and invoiced by the time this response is prepared, each “record” in the computer data file *should correspond to an invoice line item* ( *i.e.* , each unique product included on the invoice). For sales of merchandise that have not yet been shipped and invoiced (in whole or in part) to the customer, a “record” should correspond to the unshipped portion of the sale. See Questionnaire, dated September 26, 2006, at B-27, and C-57 (emphasis added). In addition, our questionnaire also instructed Ambica to *Report the unit price recorded on the invoice* for sales shipped and invoiced in whole or in part. To report portions of sales not shipped, provide the agreed unit sale price for the quantity that will be shipped to complete the order. This value should be the gross price for a single unit of measure. Discounts and rebates should be reported separately in fields numbered 19.n and 20.n, respectively. *See* Questionnaire, dated September 26, 2006, at B-40 to B-41, and C-70 to C-71 (emphasis added). Despite these clear instructions in the Department's Questionnaire, we found at verification that Ambica did not report its home market (“HM”) sales as instructed. Specifically, at verification, the Department discovered that for a certain number of HM invoices, Ambica incorrectly reported weighted-average gross unit prices by grade, regardless of the control numbers (“CONNUM”) captured by that grade, instead of the actual gross unit prices listed on Ambica's invoices. *See* Verification Report at 21-23, and 25-26. Ambica officials stated that this error occurred because Ambica did not include size as part of the CONNUM when it first reported its HM sales database. *See* Verification Report at 21. Ambica made this error despite being instructed to consider all CONNUM characteristics, including size, in the Department's original questionnaire, dated September 26, 2006. Furthermore, Ambica failed to correct for this error when asked to do so in the Department's March 6, 2007, supplemental questionnaire. Ambica officials stated that they thought that they had corrected for this weighted-average price error in their May 11, 2007, supplemental questionnaire response. However, Ambica officials admitted, at verification, that Ambica, in fact, had failed to correct the weight-averaged gross unit prices for CONNUMs on certain invoices. For the six-month POR, we examined all invoices issued in April, June, and July 2006. For these three months (which constitute half of the POR) Ambica's reporting error affected 8 percent, by weight, of Ambica's HM sales; and also 8 percent of the invoices. *See* Memorandum from Brandon Farlander and Devta Ohri to the File: Analysis of Ambica's Weighted-Average Gross Unit Prices Discovered at Verification, dated December 14, 2007. In addition, for certain sales for which Ambica incorrectly reported weighted-average gross unit prices, Ambica erroneously combined the quantities for two distinct sales of the same CONNUM on the same invoice. This resulted in a discrepancy in the number of sales reported in Ambica's HM sales database. Although we examined numerous invoices, we have insufficient information on the record to correct all the discrepancies related to the misreporting of gross unit prices. As previously noted, the Department examined three of the six months composing Ambica's home market sales database. The verification team did not examine the remaining three months of the POR, nor was it feasible to do so given the time constraints to complete verification. Lacking correct prices for the entire POR, we were not able to test whether Ambica's prices were below cost using the test described in section 773(b) of the Act. In addition, because Ambica incorrectly reported weighted-average gross unit prices for certain of its HM sales (instead of the actual gross unit price it charged the customer), the reported expenses which are based on gross unit prices, such as indirect selling expenses and imputed credit expenses, are also incorrect. Therefore, Ambica failed to provide information in the form and manner requested in the Department's original questionnaire. *See* section 776(a)(2)(B) of the Act. In addition, Ambica significantly impeded the new shipper review by not providing accurate and necessary information contained in its books and records. *See* section 776(a)(2)(C) of the Act. The Department can decline to consider information Ambica submitted because, as demonstrated above, the requirements of sections 782(e)(2) and
(3)of the Act are not met. Because of these deficiencies, the Department is forced to use facts otherwise available pursuant to section 776(a)(2) of the Act. Section 776(b) of the Act provides that, if the Department finds that an interested party has failed to cooperate by not acting to the best of its ability to comply with a request for information, the Department may use an inference adverse to the interests of that party in selecting from among the facts otherwise available. *See* , *e.g.* , * Notice of Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Affirmative Preliminary Determination of Critical Circumstance in Part: Prestressed Concrete Steel Wire Strand From Mexico * , 68 FR 42378 (July 17, 2003), unchanged in the final determination ( *see Notice of Final Determination of Sales at Less Than Fair Value and Negative Final Determination of Critical Circumstances: Prestressed Concrete Steel Wire Strand from Mexico* , 68 FR 68350 (December 8, 2003)). Ambica had the documents necessary to report complete and correct information in the necessary and requested manner and format. Also, Ambica was given ample opportunities to correct its HM sales database but failed to do so. Therefore, we find that Ambica did not act to the best of its ability in reporting necessary and accurate information, and presenting its data in the requested manner that would enable us to calculate a margin. As a result, we find it appropriate to use an inference that is adverse to Ambica's interest in selecting from among the facts otherwise available. By doing so, we ensure that Ambica will not obtain a more favorable rate by failing to cooperate. As total AFA, we have assigned to exports of subject merchandise produced and exported by Ambica the rate of 22.63 percent, which is the rate assigned to Ambica in the *Preliminary Results* . We find that this rate is sufficiently adverse to serve the purposes of facts available, explained above, and is appropriate considering that this AFA rate is the highest rate previously determined in this proceeding. *See Notice of Final Determination of Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp From Brazil* , 69 FR 76910 (December 23, 2004); *see also Notice of Final Determination of Sales at Less Than Fair Value: Carbon and Certain Alloy Steel Wire Rod From Moldova* , 67 FR 55790, 55792 (August 30, 2002) and accompanying Issues and Decision Memorandum at Comment 2 (“we are making an adverse inference and assigning to MSW the weighted-average margin of 369.10 percent calculated for the Preliminary Determination based on MSW's submitted information. This rate is the higher of the petition margin recalculated for the *Notice of Initiation of Antidumping Duty Investigations: Carbon and Certain Alloy Steel Wire Rod From Brazil, Canada, Egypt, Germany, Indonesia, Mexico, Moldova, South Africa, Trinidad and Tobago, Ukraine, and Venezuela* , 66 FR 50164, 50165 (October 2, 2001), or the highest margin calculated in this proceeding.”). Section 776(c) of the Act provides that, when the Department relies on secondary information in using the facts otherwise available, it must, to the extent practicable, corroborate that information from independent sources that are reasonably at its disposal. We have interpreted “corroborate” to mean that we will, to the extent practicable, examine the reliability and relevance of the information submitted. *See Certain Cold-Rolled Flat-Rolled Carbon-Quality Steel Products From Brazil: Notice of Final Determination of Sales at Less Than Fair Value* , 65 FR 5554 (February 4, 2000); *Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from Japan, and Tapered Roller Bearings, Four Inches or Less in Outside Diameter, and Components Thereof, from Japan; Preliminary Results of Antidumping Duty Administrative Reviews and Partial Termination of Administrative Reviews* , 61 FR 57391, 57392 (November 6, 1996). In selecting the AFA rate for Ambica, we assigned the rate of 22.63 percent, which was based on information submitted by Ambica in its questionnaire responses and database submissions, and remains on the record of this new shipper review as a rate higher than the other available AFA rates. Because this rate is based on information that was provided to us by the respondent, it is not considered to be secondary information and, therefore, need not be corroborated. We conclude that Ambica's own data continues to be appropriate to effectuate the purpose of AFA. Final Results of Review We find that the following dumping margin exists for the period February 1, 2006, through July 31, 2006: Exporter/manufacturer Weighted-average margin percentage Ambica Steels Limited 22.63 Assessment Rates The Department shall determine, and U.S. Customs and Border Protection (“CBP”) shall assess, antidumping duties on all appropriate entries. For subject merchandise produced and exported by Ambica, we will instruct CBP to liquidate entries at the rate indicated above. The Department will issue appropriate assessment instructions directly to CBP 15 days after publication of these final results of review. The Department clarified its “automatic assessment” regulation on May 6, 2003. *See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties* , 68 FR 23954 (May 6, 2003). This clarification will apply to entries of subject merchandise during the period of review produced by the respondent for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all others rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, *see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties* , 68 FR 23954 (May 6, 2003). Cash Deposit Rates The following antidumping duty deposits will be required on all shipments of SSB from India entered, or withdrawn from warehouse, for consumption, effective on or after the publication date of these final results of administrative review, as provided by section 751(a)(2)(C) of the Act:
(1)for subject merchandise produced and exported by Ambica, the cash deposit rate will be the rate listed above (except no cash deposit will be required if a company's weighted-average margin is *de minimis* , *i.e.* , less than 0.5 percent);
(2)for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period;
(3)if the exporter is not a firm covered in this review, a previous review, or the less-than-fair-value
(LTFV)investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and
(4)the cash deposit rate for all other manufacturers or exporters will continue to be 12.45 percent, the “all others” rate established in the LTFV investigation. *See Stainless Steel Bar from India; Final Determination of Sales at Less Than Fair Value* , 59 FR 66915 (December 28, 1994). These deposit requirements, when imposed, 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)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding APOs This notice also serves as the only reminder to parties subject to administrative protective orders (“APOs”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing these results of review in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 14, 2007. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. Appendix I List of Comments in the Decision Memorandum *Comment 1:* *Bona Fide* Nature of Ambica's Sale *Comment 2:* Weighted-Average Gross Unit Prices and Removal of Size from the Department's Control Number—Application of Total Adverse Facts Available *Comment 3:* Adjustment to Ambica's International Freight Expenses *Comment 4:* Inclusion of Excise Taxes in Ambica's Home Market Inland Insurance Expenses *Comment 5:* Discrepancies (Rounding) Related to Ambica's Gross Unit Prices Used to Calculate Ambica's Per-Unit Adjustments *Comment 6:* Multiple Payment Dates [FR Doc. E7-24856 Filed 12-20-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-890] Wooden Bedroom Furniture from the People's Republic of China: Notice of Correction to the Second Amended Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Gene Degnan, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-0414. SUPPLEMENTARY INFORMATION: Correction On November 7, 2007, the Department of Commerce (“Department”) published in the **Federal Register** the second amended final results of the first administrative review of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (“PRC”). *See Second Amended Final Results of Antidumping Duty Administrative Review: Wooden Bedroom Furniture From the People's Republic of China* , 72 FR 62834 (November 7, 2007) (“ *Second Amended Final Results* ”). The period of review covered June 24, 2004, through December 31, 2005. The Department received no allegations of ministerial errors in the *Second Amended Final Results* . However, we have noted two inadvertent omissions from the list of entities receiving revised weighted-average margins at 72 FR 62836-37. First, Meikangchi Nantong Furniture Company Ltd. was inadvertently omitted from the list entirely. Second, parts of the name of the respondent King Kei Furniture Factory, King Kei Trading Co., Ltd. and Jiu Ching Trading Co., Ltd. were inadvertently omitted from the list. Accordingly, the Department is correcting these omissions in the list of entities receiving revised weighted-average margins by
(1)adding Meikangchi Nantong Furniture Company Ltd., and
(2)correcting the name of King Kei Furniture Factory, King Kei Trading Co., Ltd. and Jiu Ching Trading Co., Ltd.: Wooden Bedroom Furniture from the PRC Exporter Weighted-Average Margin (Percent) King Kei Furniture Factory, King Kei Trading Co., Ltd. and Jiu Ching Trading Co., Ltd. 35.78 Meikangchi Nantong Furniture Company Ltd. 35.78 This correction is published in accordance with sections 751(h) and 777(i) of the Tariff Act of 1930, as amended. Dated: December 12, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7-24847 Filed 12-20-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE45 Marine Mammals; File No. 10095 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. SUMMARY: Notice is hereby given that the North Carolina Zoological Park, 4401 Zoo Parkway, Asheboro, NC 27205, has applied in due form for a permit to import two juvenile harbor seals ( *Phoca vitulina* ) for the purposes of public display. DATES: Written or telefaxed comments must be received on or before January 22, 2008. ADDRESSES: The application and related documents are available for review upon written request or by appointment in the following offices: Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone
(301)713-2289; fax
(301)427-2521; and Southeast Region, NMFS, 263 13th Avenue South, Saint Petersburg, FL 33701; phone
(727)824-5312; fax
(727)824-5309. Written comments or requests for a public hearing on this application should be mailed to the Chief, Permits, Conservation and Education Division, F/PR1, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910. Those individuals requesting a hearing should set forth the specific reasons why a hearing on this particular request would be appropriate. Comments may also be submitted by facsimile at (301)427-2521, provided the facsimile is confirmed by hard copy submitted by mail and postmarked no later than the closing date of the comment period. Comments may also be submitted by e-mail. The mailbox address for providing e-mail comments is *NMFS.Pr1Comments@noaa.gov* . Include in the subject line of the e-mail comment the following document identifier: File No. 10095. FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore or Kate Swails, (301)713-2289. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), and the regulations governing the taking and importing of marine mammals (50 CFR part 216). The applicant requests authorization to import two male captive-born juvenile harbor seals ( *Phoca vitulina* ) from the New Brunswick Aquarium and Marine Center, Shippagan, New Brunswick, Canada to the North Carolina Zoo. The applicant requests this import for the purpose of public display. The receiving facility, North Carolina Zoological Park, 4401 Zoo Parkway, Asheboro, NC 27205 is:
(1)open to the public on regularly scheduled basis with access that is not limited or restricted other than by charging for an admission fee;
(2)offers an educational program based on professionally accepted standards of the American Association of Zoos and Aquariums; and
(3)holds an Exhibitor's License, number 55-C-0007, issued by the U.S. Department of Agriculture under the Animal Welfare Act (7 U.S.C. 2131-59). In addition to determining whether the applicant meets the three public display criteria, NMFS must determine whether the applicant has demonstrated that the proposed activity is humane and does not represent any unnecessary risks to the health and welfare of marine mammals; that the proposed activity by itself, or in combination with other activities, will not likely have a significant adverse impact on the species or stock; and that the applicant's expertise, facilities and resources are adequate to accomplish successfully the objectives and activities stated in the application. Concurrent with the publication of this notice in the **Federal Register** , NMFS is forwarding copies of this application to the Marine Mammal Commission and its Committee of Scientific Advisors. Dated: December 17, 2007. Patrick Opay, Acting Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7-24862 Filed 12-20-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE52 Council Coordination Committee; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: NMFS will host a meeting of the Council Coordination Committee (CCC), consisting of the Regional Fishery Management Council chairs, vice chairs, and executive directors in January 2008. The intent of this meeting is to discuss issues of relevance to the Councils, including FY 2008 budget allocations, implementation of provisions from the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA), and scientific fisheries research activities. DATES: The meeting will begin at 9 a.m. on Tuesday, January 8, 2008, recess at 5 p.m. or when business is complete; reconvene at 8:30 a.m. on Wednesday, January 9, 2008, and adjourn by 5 p.m. or when business is complete; and reconvene at 8:30 a.m. on Thursday, January 10, 2007, and adjourn by noon. ADDRESSES: The meeting will be held at the Crowne Plaza Hotel, 8777 Georgia Avenue, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: William D. Chappell: telephone
(301)713-2337 or e-mail at *William.Chappell@noaa.gov* ; or Heidi Lovett; telephone:
(301)713-2337 or e-mail at *Heidi.Lovett@noaa.gov* . SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation and Management Reauthorization Act
(MSRA)of 2006 established the Council Coordination Committee
(CCC)by amending Section 302 (16 U.S.C. 1852) of the Magnuson-Stevens Act. The committee consists of the chairs, vice chairs, and executive directors of each of the eight Regional Fishery Management Councils authorized by the Magnuson-Stevens Act or other Council members or staff. NMFS will host this meeting and provide reports to the Committee for its information and discussion. The main topics of discussion will be the FY2008 budget allocation, implementation of the provisions of the MSRA, and related guidance and technical regulatory changes. NMFS will also be holding a joint session of the CCC with the NMFS Science Board during the morning session on Wednesday, January 9, 2008 to discuss scientific and research activities related to MSRA implementation. Agenda Tuesday morning, January 8, 2008 FY 2008 budget allocation Tuesday afternoon, January 8, 2008 FY 2008 budget allocation, continued; Council performance and metrics; and Council administrative session (closed session). Wednesday morning, January 9, 2008 MSRA implementation: •Annual catch limit and accountability measure guidance; •Marine recreational information program (MRIP); •Five year research plans; and •Council Scientific and Statistical Committees, peer reviews, and stipends. Wednesday afternoon, January 9, 2008 MSRA implementation continued: •Revised NEPA/MSA procedures; •International provisions and regulations; •Exempted fishing permit procedures; •Council Statements of Organization, Practices and Procedures (SOPPs) guidance; •“Omnibus” technical changes to regulations; •Jones Bill; and •National fish habitat legislation. Thursday morning, January 10, 2008 MSRA implementation continued, as needed; •Permit fees; and •Tax identification numbers. The order in which the agenda items are addressed may change. The CCC will meet as late as necessary to complete scheduled business. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Heidi Lovett at
(301)713-2337 at least 5 working days prior to the meeting. Dated: December 18, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-24814 Filed 12-20-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE50 Gulf of Mexico Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The Gulf of Mexico Fishery Management Council will convene a public meeting of the Ad Hoc Recreational Red Snapper Advisory Panel (AP). DATES: The meeting will convene at 1 p.m. on Wednesday, January 9, 2008 and conclude no later than 3 p.m. on Thursday, January 10, 2008. ADDRESSES: This meeting will be held at the Quorum Hotel, 700 N. Westshore Blvd., Tampa, FL 33609; telephone:
(813)289-8200. *Council address* : Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Steven Atran, Population Dynamics Statistician; Gulf of Mexico Fishery Management Council; telephone:
(813)348-1630. SUPPLEMENTARY INFORMATION: At this meeting, the AP will consider developing goals and objectives for management of the recreational red snapper fishery, will continue to evaluate and recommend innovative management strategies for the private and for-hire recreational red snapper fisheries of the Gulf of Mexico, and will continue to evaluate and recommend innovative approaches to minimizing bycatch and bycatch mortality in the private and for-hire recreational red snapper fisheries of the Gulf of Mexico. The AP will focus on specific issues within recreational red snapper fishery management including data collection, education and enforcement, artificial reefs and marine reserves, bycatch reduction, and limited access privilege programs such as individual fishing quotas
(IFQ)and angling management organizations (AMO). Although other issues not on the agenda may come before the panel for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act, those issues may not be the subject of formal panel action during this meeting. Panel action will be restricted to those issues specifically identified in the agenda listed as available by this notice. A copy of the agenda can be obtained by calling
(813)348-1630. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Tina Trezza at the Council (see ADDRESSES ) at least 5 working days prior to the meeting. Dated: December 18, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-24819 Filed 12-20-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XE46 North Pacific Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public committee meeting. SUMMARY: The North Pacific Fishery Management Council's (Council) Steller Sea Lion Mitigation Committee (SSLMC) will meet in Seattle, WA at the Nexus Hotel (January 6) and the Alaska Fishery Science Center (January 7 and 8). DATES: The meetings will be held on January 6, 7, 8, 2008, from 8:30 a.m. to 5 p.m. ADDRESSES: The meetings will be held at the Hotel Nexus, 2140 N Northgate Way, Seattle, WA and the Alaska Fishery Science Center, 7600 Sand Point Way NE, Bldg 4, Room 2076, Seattle, WA. *Council address* : North Pacific Fishery Management Council, 605 W. 4th Ave., Suite 306, Anchorage, AK 99501-2252. FOR FURTHER INFORMATION CONTACT: Bill Wilson, North Pacific Fishery Management Council; telephone:
(907)271-2809. SUPPLEMENTARY INFORMATION: The SSLMC will review the action from the November 2007 Alaska Board of Fisheries meeting and discuss the schedule for SSSLMC work in 2008. The SSLMC will review goal and objective statements for proposals, and discuss the databases that have been assembled. Additional data needs will be identified. The SSLMC will begin proposal analysis, prioritization, and trade offs. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Gail Bendixen,
(907)271-2809, at least 5 working days prior to the meeting date. Dated: December 18, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-24815 Filed 12-20-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE51 Pacific Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public telephone conference meeting. SUMMARY: The Pacific Fishery Management Council's (Council) Salmon Technical Team Klamath Subcommittee (STTKS) will hold a work session by telephone conference with members of the Yurok and Hoopa Tribes and additional agency personnel from the NMFS, United States Fish and Wildlife Service, and the California Department of Fish and Game to continue review and development of an overfishing assessment for Klamath River fall Chinook (KRFC). This meeting of the STTKS is open to the public. DATES: The telephone conference will be held on Tuesday, January 8, 2008, from 8 a.m. to 4 p.m. and Wednesday, January 9, 2008, from 8 a.m. to 3 p.m. ADDRESSES: A listening station for the public will be available at the Pacific Fishery Management Council, Small Conference Room, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384; telephone:
(503)820-2280. FOR FURTHER INFORMATION CONTACT: Mr. Chuck Tracy, Salmon Management Staff Officer, Pacific Fishery Management Council; telephone:
(503)820-2280. SUPPLEMENTARY INFORMATION: The purpose of the meeting is to further develop a report to assess the cause of KRFC failing to meet the 35,000 adult natural spawner conservation objective, and the implication to the long-term productivity of the stock not meeting that objective, for three consecutive years. When a salmon stock managed by the Council fails to meet its conservation objective for three consecutive years, an overfishing concern is triggered according to the terms of the Pacific Coast Salmon Plan (Salmon Plan). The Salmon Plan requires the Council to direct its Salmon Technical Team to work with relevant agency and tribal personnel to undertake a review of the status of the stock in question and determine if excessive harvest was responsible for the shortfall, if other factors were involved, and the significance of the stock depression with regard to achieving maximum sustainable yield. Although non-emergency issues not contained in the meeting agenda may come before the STTKS for discussion, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Ms. Carolyn Porter at
(503)820-2280 at least 5 days prior to the meeting date. Dated: December 18, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-24820 Filed 12-20-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE47 South Atlantic Fishery Management Council; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice of a scoping meeting. SUMMARY: The South Atlantic Fishery Management Council (Council) will hold a public scoping meeting regarding Amendment 7 to the Shrimp Fishery Management Plan for the South Atlantic Region. See SUPPLEMENTARY INFORMATION . DATES: The public scoping meeting will be held January 16, 2008. ADDRESSES: The meeting will be held at the Hilton Garden Inn Airport, 5265 International Boulevard, North Charleston, SC 29418; telephone:
(877)782-9444 or
(843)308-9330; fax:
(843)308-9331. Written comments must be received in the Council office by 5 p.m. on January 18, 2008. Written comments should be sent to Bob Mahood, Executive Director, South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405, or via email to: *ShrimpAm7scoping@safmc.net* . Copies of the Shrimp Amendment 7 Scoping Document are available at the Council's web site at *www.safmc.net* or from Kim Iverson, South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; telephone:
(843)571-4366 or toll free at
(866)SAFMC-10. FOR FURTHER INFORMATION CONTACT: Kim Iverson, South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; telephone:
(843)571-4366; fax:
(843)769-4520; email address: *kim.iverson@safmc.net* . SUPPLEMENTARY INFORMATION: The Council is considering modifying the entry requirements for the rock shrimp limited access program. Currently, rock shrimp fishermen are required to have a commercial vessel permit for rock shrimp, and those fishermen who fish off the east coast of Florida and Georgia are required to have a limited access endorsement. Vessels with the limited access endorsements are required to show documented landings of at least 15, 000 pounds of rock shrimp from the South Atlantic Council's area of jurisdiction in one out of four calendar years to retain the endorsement. The initial four-year period began in 2004 and will end December 31, 2007. The Council is also considering a requirement for all commercial shrimp vessel permit holders in the South Atlantic to provide economic data if selected. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the Council office (see ADDRESSES ) by January 14, 2008. Dated: December 18, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-24816 Filed 12-20-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XE48 South Atlantic Fishery Management Council, Caribbean Fishery Management Council and Gulf of Mexico Fishery Management Council; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice of a scoping meeting. SUMMARY: The South Atlantic, Caribbean, and Gulf of Mexico Fishery Management Councils (Councils) will hold a public scoping meeting regarding amending the spiny lobster fishery management plan to address the importation of spiny lobster products that do not meet U.S. conservation standards. The amendment will examine various alternatives to restrict imports of spiny lobster into the United States to a minimum acceptable length and/or weight. Spiny Lobsters are currently being imported below the U.S. minimum size limits. Much of the imported lobster does not meet the minimum size limits in the country of origin. This is adversely impacting recruitment throughout Florida and the Caribbean and, as a result, the status of spiny lobster in Caribbean and U.S. waters because of the distribution and dispersal of larvae. DATES: The public scoping meeting will be held January 24, 2008, beginning at 6 p.m. ADDRESSES: The meeting will be held at the Islander Hotel, 82100 Overseas Highway, Islamorada, FL 33036; telephone:
(800)753-6002 or
(305)664-2031. Written comments must be received in the South Atlantic Council's office by 5 p.m. on January 28, 2008. Written comments should be sent to Bob Mahood, Executive Director, South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405, or via email to: *SpLobScoping@safmc.net* . Copies of the Scoping Document are available from Kim Iverson, South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; telephone:
(843)571-4366 or toll free at
(866)SAFMC-10. FOR FURTHER INFORMATION CONTACT: Kim Iverson, South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; telephone:
(843)571-4366; fax:
(843)769-4520; email address: *kim.iverson@safmc.net* . Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the Council office (see ADDRESSES ) by January 21, 2007. Dated: December 18, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-24817 Filed 12-20-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE49 Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. SUMMARY: The South Atlantic Fishery Management Council (Council) will hold a meeting of its Deepwater Shrimp Advisory Panel and Golden Crab Advisory Panel in Charleston, SC. DATES: The meetings will take place January 27-29, 2008. See SUPPLEMENTARY INFORMATION for specific dates and times. ADDRESSES: The meetings will be held at the Radisson Resort at the Port, 8701 Astronaut Blvd., Cape Canaveral, FL 32920; telephone:
(800)333-3333 or
(321)784-0000; fax:
(321)783-7718. FOR FURTHER INFORMATION CONTACT: Kim Iverson, Public Information Officer, South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; telephone:
(843)571-4366 or toll free
(866)SAFMC-10; fax:
(843)769-4520; email: *kim.iverson@safmc.net* . SUPPLEMENTARY INFORMATION: Members of the Golden Crab Advisory Panel will meet from 1 p.m.—5 p.m. on January 27, 2008, and from 8:30 a.m.—12 noon on January 28, 2008. The Golden Crab Advisory Panel will meet jointly with the Deepwater Shrimp Advisory Panel from 1:30 p.m.—3:30 p.m. on January 28, 2008. The Deepwater Shrimp Advisory Panel will meet from 4 p.m.—6 p.m. on January 28, 2008 and on January 29, 2008 from 8 a.m.—3 p.m. Both the Rock Shrimp and Golden Crab Advisory Panels
(APs)will receive the following presentations:
(1)an overview of the Council's Fishery Ecosystem Plan
(FEP)Comprehensive Amendment,
(2)deepwater coral habitats in the South Atlantic Region, and
(3)an update on recommendations from the recent joint meeting of the Council's Habitat and Coral Advisory Panels. Following the presentations, advisory panel members will discuss and provide recommendations on fishing operations relative to deepwater coral areas proposed as Habitat Areas of Particular Concern (HAPCs) included in the Council's Comprehensive Ecosystem Amendment 1. The Rock Shrimp AP and Golden Crab AP will meet jointly to discuss common fishing areas. In addition, the Deepwater Shrimp AP will provide recommendations regarding Amendment 7 to the Shrimp Fishery Management Plan
(FMP)addressing the current landings requirement for the rock shrimp fishery for the South Atlantic region. The requirement, created as part of a limited access program for the rock shrimp fishery through Amendment 5 to the Shrimp FMP for the South Atlantic Region, states that if a limited access rock shrimp endorsement is “not active” during a 48 month period (4 calendar years), it will not be renewed. A rock shrimp limited access endorsement is defined as inactive when the vessel it is attached to has less than 15,000 pounds of documented rock shrimp harvest from the exclusive economic zone
(EEZ)within the South Atlantic Council's area of jurisdiction within one of four calendar years beginning in 2004. Although non-emergency issues not contained in this agenda may come before these groups for discussion, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for auxiliary aids should be directed to the council office (see ADDRESSES ) 3 days prior to the meetings. Note: The times and sequence specified in this agenda are subject to change. Dated: December 18, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-24818 Filed 12-20-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Technical Information Service National Technical Information Service Advisory Board AGENCY: National Technical Information Service, Commerce. ACTION: Notice of open meeting. SUMMARY: This notice announces the next meeting of the National Technical Information Service Advisory Board (the Advisory Board), which advises the Secretary of Commerce and the Director of the National Technical Information Service
(NTIS)on policies and operations of the Service. DATES: The Advisory Board will meet on Wednesday, January 30, 2008 from 9 a.m. to approximately 5 p.m. and again on Thursday, January 31, 2008 from 9 a.m. to approximately 12 Noon. ADDRESSES: The Advisory Board meeting will be held in Room 2029 of the Sills Building at 5285 Port Royal Road, Springfield, Virginia 22161. Please note admittance instructions under the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: Mr. Steven D. Needle,
(703)605-6404, sneedle@ntis.gov or Ms. Jill Johnson
(703)605-6401, *jjohnson@ntis.gov.* These are not toll-free telephone numbers. SUPPLEMENTARY INFORMATION: The NTIS Advisory Board is established by Section 3704b(c) of Title 15 of the United States Code. The charter has been filed in accordance with the requirements of the Federal Advisory Committee Act, as amended (5 U.S.C. App.). The January 30 morning session will focus on a discussion of NTIS' lines of business and core competencies. The afternoon session, time permitting, is expected to focus on issues pertaining to the identification of new markets, new ways to enhance NTIS' utility to customers, human skill set challenges, the implications of a physical move to a new location, and technological challenges and opportunities. The January 31 session will focus primarily on Board business but may continue the previous day's discussions. A final agenda and summary of the proceedings will be posted at the NTIS Web site as soon as they are available ( *http://www.ntis.gov/about/advisorybd.asp* ). The Sills Building is a secure facility. Accordingly, persons wishing to attend should call the contacts identified above to arrange for admission. Approximately one-half hour will be reserved for public comments during the afternoon of the January 30 session. The amount of time per speaker will be determined by the number of requests received. Questions from the public will not be considered during this period. Any person who wishes to submit a written statement for the Board's consideration should mail or e-mail it to the contacts named above not later than January 16, 2008. Dated: December 3, 2007. Ellen Herbst, Director. [FR Doc. E7-24859 Filed 12-20-07; 8:45 am] BILLING CODE 3510-04-P DEPARTMENT OF DEFENSE Office of the Secretary [Docket No. DoD-2007-DARS-0138] Submission for OMB Review; Comment Request ACTION: Notice. The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). DATES: Consideration will be given to all comments received by January 22, 2008. *Title and OMB Number:* Defense Federal Acquisition Regulation Supplement (DFARS) Part 232, Contract Financing, and related clause at DARS 252.232-7007, Limitation of Government's Obligation; OMB Control Number 0704-0359. *Type of Request:* Extension. *Number of Respondents:* 800. *Responses Per Respondent:* 1. *Annual Responses:* 800. *Average Burden Per Response:* 1 hour. *Annual Burden Hours:* 800. *Needs and Uses:* This information collection requires contractors that are awarded incrementally funded, fixed-price DoD contracts to notify the Government when the work under the contract will, within 90 days, reach the point at which the amount payable by the Government (including any termination costs) approximates 85 percent of the funds currently allotted to the contract. This information will be used to determine what course of action the Government will take (e.g., allot additional funds for continued performance, terminate the contract, or terminate certain contract line items). *Affected Public:* Business or other for-profit; not-for-profit institutions. *Frequency:* On Occasion. *Respondent's Obligation:* Required to obtain or retain benefits. *OMB Desk Officer:* Ms. Susan Jennifer Haggerty. Written comments and recommendations on the proposed information collection should be sent to Ms. Haggerty at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503. You may also submit comments, identified by docket number and title, by the following method: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. *Instructions:* All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at *http://www.regulations.gov* as they are received without change, including any personal identifiers or contact information. *DoD Clearance Officer:* Ms. Patricia Toppings. Written requests for copies of the information collection proposal should be sent to Ms. Toppings at WHS/ESD/Information Management Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 22209-2133. Dated: December 14, 2007. Patricia L. Toppings, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E7-24823 Filed 12-20-07; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary [Docket No. DoD-2007-OS-0092] Submission for OMB Review; Comment Request ACTION: Notice. The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). DATES: Consideration will be given to all comments received by January 22, 2008. *Title, Form, and OMB Number:* Personnel Security Clearance Change Notification; DISCO Form 562; OMB Control Number 0704-0418. *Type of Request:* Extension. *Number of Respondents:* 11,290. *Responses Per Respondent:* 20. *Annual Responses:* 225,800. *Average Burden Per Response:* 12 minutes. *Annual Burden Hours:* 45,160. *Needs and Uses:* The DISCO Form 562 is used by contractors participating in the National Industrial Security Program to report various changes in employee personnel clearance status or identification information, e.g. reinstatements, conversions, terminations, changes in name or other previously submitted information. The execution of the DISCO Form 562 is a factor in making a determination as to whether a contractor employee is eligible to have a security clearance. These requirements are necessary in order to preserve and maintain the security of the United States through establishing standards to prevent the improper disclosure of classified information. *Affected Public:* Business or other for-profit; not-for-profit institutions. *Frequency:* On occasion. *Respondent's Obligation:* Required to obtain or retain benefits. *OMB Desk Officer:* Ms. Sharon Mar. Written comments and recommendations on the proposed information collection should be sent to Ms. Mar at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503. You may also submit comments, identified by docket number and title, by the following method: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. *Instructions:* All submissions received must include the agency name, docket number and title for this **Federal Register** document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at *http://www.regulations.gov* as they are received without change, including any personal identifiers or contact information. *DoD Clearance Officer:* Ms. Patricia Toppings. Written requests for copies of the information collection proposal should be sent to Ms. Toppings at WHS/ESD/Information Management Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 22209-2133. Dated: December 14, 2007. Patricia L. Toppings, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E7-24827 Filed 12-20-07; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary [Docket No. DoD-2007-DARS-0139] Submission for OMB Review; Comment Request ACTION: Notice. The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). DATES: Consideration will be given to all comments received by January 22, 2008. *Title and OMB Number:* Defense Federal Acquisition Regulation Supplement (DFARS) part 211, Describing Agency Needs, and related clauses in DFARS 252.211; OMB Control Number 0704-0389. *Type of Request:* Extension. *Number of Respondents:* 581. *Responses Per Respondent:* 3.032. *Annual Responses:* 1,762. *Average Burden Per Response:* .978 hours. *Annual Burden Hours:* 1,724. *Needs and Uses:* This information collection permits offerors to propose alternatives to military preservation, packaging, or packing specifications. DoD uses the information in the offeror's proposal to determine if the alternate preservation, packaging, or packing will meet the Government's needs. In addition, this information collection permits offerors to propose Single Process Initiative
(SPI)processes as alternatives to military or Federal specifications and standards cited in DoD solicitations for previously developed items. DoD uses the information in the offeror's proposal to verify Government acceptance of an SPI process as a valid replacement for a military or Federal specification or standard. *Affected Public:* Business or other for-profit; not-for-profit institutions. *Frequency:* On Occasion. *Respondent's Obligation:* Required to obtain or retain benefits. *OMB Desk Officer:* Ms. Susan Jennifer Haggerty. Written comments and recommendations on the proposed information collection should be sent to Ms. Haggerty at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503. You may also submit comments, identified by docket number and title, by the following method: • *Federal eRulemaking Portal:* *http://www.regulations.gov* . Follow the instructions for submitting comments. *Instructions:* All submissions received must include the agency name, docket number and title for this **Federal Register** document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at *http://www.regulations.gov* as they are received without change, including any personal identifiers or contact information. *DOD Clearance Officer:* Ms. Patricia Toppings. Written requests for copies of the information collection proposal should be sent to Ms. Toppings at WHS/ESD/Information Management Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 22209-2133. Dated: December 14, 2007. Patricia L. Toppings, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E7-24828 Filed 12-20-07; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary [Docket No. DoD-2007-OS-0107] Submission for OMB Review; Comment Request ACTION: Notice. The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). DATES: Consideration will be given to all comments received by January 22, 2008. *Title, Form, and OMB Number:* Application for Former Spouse Payments from Retired Pay; DD Form 2293; OMB Control Number 0730-0008. *Type of Request:* Revision. *Number of Respondents:* 27,090. *Responses Per Respondent:* 1. *Annual Responses:* 27,090. *Average Burden Per Response:* 15 minutes. *Annual Burden Hours:* 6,772. *Needs and Uses:* Under 10 U.S.C. 1408, State courts may divide military retired pay as property or order alimony and child support payments from that retired pay. The former spouse may apply to the Defense Finance and Accounting Service
(DFAS)for direct payment of these monies by using DD Form 2293. This information collection is needed to provide DFAS the basic data needed to process the request. *Affected Public:* Individuals or households. *Frequency:* On occasion. *Respondent's Obligation:* Required to obtain or retain benefits. *OMB Desk Officer:* Ms. Sharon Mar. Written comments and recommendations on the proposed information collection should be sent to Ms. Mar at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503. You may also submit comments, identified by docket number and title, by the following method: • *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the instructions for submitting comments. *Instructions:* All submissions received must include the agency name, docket number and title for this **Federal Register** document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at *http://www.regulations.gov* as they are received without change, including any personal identifiers or contact information. *DoD Clearance Officer:* Ms. Patricia Toppings. Written requests for copies of the information collection proposal should be sent to Ms. Toppings at WHS/ESD/Information Management Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 22209-2133. Dated: December 14, 2007. Patricia L. Toppings, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E7-24833 Filed 12-20-07; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary Board of Regents of the Uniformed Services University of the Health Sciences AGENCY: Department of Defense; Uniformed Services University of the Health Sciences
(USU)ACTION: Quarterly meeting notice. SUMMARY: Under the provisions of the Federaql Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended) and the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended) announcement of the following meeting: Name of Committee: Board of Regents of the Uniformed Services University of the Health Sciences. Date of Meeting: Tuesday, February 5, 2008. Location: Board of Regents Conference Room (D3001), Uniformed Services University of the Health Sciences, 4301 Jones Bridge Road, Bethesda, Maryland 20814. Times: 8 a.m. to 12 noon. Proposed Agenda: The actions that will take place include the approval of minutes from the Board of Regents Meeting held November 6, 2007; acceptance of administrative reports; approval of faculty appointments and promotions; and the awarding of post-baccalaureate masters and doctoral degrees in the biomedical sciences and public health. The President, USU; Dean, USU School of Medicine; Acting Dean, USU Graduate School of Nursing; Commander, USU Brigade; and the Associate Dean, Graduate Medical Education, will also present reports. These actions are necessary for the University to remain an accredited medical school and to pursue its mission, which is to provide outstanding health care practitioners and scientists to the uniformed services. SUPPLEMENTARY INFORMATION: Pursuant to Federal statute and regulations (5 U.S.C. 552b, as amended, and 41 CFR 102-3.140 through 102-3.165) and the availability of space, this meeting is open to the public. Interested persons may submit a written statement for consideration by the Board of Regents. Individuals submitting a written statement must submit their statement to the Designated Federal Officer at the address detailed above. If such statement is not received at least 10 calendar days prior to the meeting, it may not be provided to or considered by the Board of Regents until its next open meeting. The Designated Federal Officer will review all timely submissions with the Board of Regents Chair and ensure such submissions are provided to Board of Regents Members before the meeting. After reviewing the written comments, submitters may be invited to orally present their issues during the February 2008 meeting or at a future meeting. For Further Information and Base Access Procedures Contact: Janet S. Taylor, Designated Federal Officer. Dated: December 18, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, DoD. [FR Doc. 07-6178 Filed 12-19-07; 12:06 pm BILLING CODE 5001-06-M DEPARTMENT OF DEFENSE Department of the Army [Docket No. USA-2007-0022]
Connectionstraces to 11
10 references not yet in our index
  • 50 CFR 600
  • Pub. L. 108-447
  • 5 CFR 1320
  • 5 CFR 1320.8(d)
  • 41 USC 46-48c
  • 41 CFR 51
  • 41 USC 47(a)(2)
  • 50 CFR 216
  • 7 USC 2131-59
  • 41 CFR 102
Citation graph
cites case law
Notices
Proposed rule; request for comments
Fed. Reg.Notices
U.S.C.§ 971
U.S.C.§ 3501
C.F.R.§ 351.214
C.F.R.§ 351.402
C.F.R.§ 351.305
C.F.R.§ 351.213
U.S.C.§ 1361
U.S.C.§ 1852
Cite50 CFR 600
Pub. L.Pub. L. 108-447
Cite5 CFR 1320
Cites 21 · showing 12Cited by 0 across 0 sources
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