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Code · REGISTER · 2008-01-02 · Food and Nutrition Service, USDA · Notices

Notices. Notice

35,221 words·~160 min read·/register/2008/01/02/07-6257

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

BILLING CODE 3410-30-C DEPARTMENT OF AGRICULTURE Food and Nutrition Service Agency Information Collection Activities: Proposed Collection; Comment Request—Report of Disaster Food Stamp Program Benefit Issuance and Report of Commodity Distribution for Disaster Relief AGENCY: Food and Nutrition Service, USDA. ACTION: Notice. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections.
The proposed collection is a revision of a collection currently approved for the Food Stamp Program and the Food Distribution Program and revises the collection into two reports that provide information specific to each program. DATES: Written comments must be received on or before March 3, 2008. ADDRESSES: Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on those who are to respond, including use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments may be sent to Brenda Lisi, Director, Office of Emergency Management and Food Safety, Food and Nutrition Service, U.S. Department of Agriculture, 3101 Park Center Drive, Room 910, Alexandria, VA 22302. Comments may also be submitted via fax to the attention of Brenda Lisi at 703-305-2908 or via e-mail to *Brenda.lisi@fns.usda.gov.* All written comments will be open for public inspection at the office of the Food and Nutrition Service during regular business hours (8:30 a.m. to 5 p.m., Monday through Friday) at 3101 Park Center Drive, Alexandria, Virginia 22302, Room 910. All responses to this notice will be summarized and included in the request for OMB approval. All comments will be a matter of public record. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of this information collection should be directed to Brenda Lisi,
(703)305-2041. SUPPLEMENTARY INFORMATION: *Title:* Report of Food Stamp Benefit Issuances and Commodity Distribution for Disaster Relief. *OMB Number:* 0584-0037. *Form Number:* FNS 292-A and 292-B. *Expiration Date:* 04/30/2008. *Type of Request:* Revision of currently approved collection. *Abstract:* Food assistance in disaster situations is authorized under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c); section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); section 709 of the Food and Agriculture Act of 1965 (7 U.S.C. 1446a-1); section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note); and by sections 412 and 413 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5179, 5180). Program implementing regulations are contained in 7 CFR part 250. In accordance with 7 CFR 250.43(f), distributing agencies shall provide a summary report to the agency within 45 days following termination of the disaster assistance. FNS proposes to divide the disaster relief reporting into two separate forms, FNS 292-A, “Report of Commodity Distribution for Disaster Relief,” and FNS-292-B, “Report of Food Stamp Issuance for Disaster Relief.” The separate forms will allow State Agencies to report on the specific disaster relief provided in the detail required by FNS and in a more user-friendly format. *Affected Public:* State agencies that administer FNS disaster food relief activities. *Estimated Number of Respondents:* 55. *Number of Responses per Respondent:* The number of responses is estimated to be 1 response per State agency per year per form. *Estimated Time per Response:* Public reporting burden for this collection of information is estimated to average 25 minutes per respondent per response. *Estimated Total Annual Burden:* 46.2 hours. Dated: December 19, 2007. Roberto Salazar, Administrator, Food and Nutrition Service. [FR Doc. E7-25464 Filed 12-31-07; 8:45 am] BILLING CODE 3410-30-P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of upcoming Sunset Reviews. Background Every five years, pursuant to section 751(c) of the Tariff Act of 1930, as amended, the Department of Commerce (“the Department”) and the International Trade Commission automatically initiate and conduct a review to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. Upcoming Sunset Reviews for February 2008 The following Sunset Reviews are scheduled for initiation in February 2008 and will appear in that month's Notice of Initiation of Five-Year Sunset Reviews. Department Contact Antidumping Duty Proceedings Silicon Metal from Russia (A-821-817) Dana Mermelstein,
(202)482-1391. Steel Concrete Reinforcing Bars from Turkey (A-489-807)—(2nd Review) Brandon Farlander,
(202)482-0182. Countervailing Duty Proceedings No Sunset Review of countervailing duty proceedings are scheduled for initiation in February 2008. Suspended Investigations No Sunset Review of suspended investigations are scheduled for initiation in February 2008. The Department's procedures for the conduct of Sunset Reviews are set forth in 19 CFR 351.218. Guidance on methodological or analytical issues relevant to the Department's conduct of Sunset Reviews is set forth in the Department's Policy Bulletin 98.3—Policies Regarding the Conduct of Five-Year (“Sunset”) Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998). The Notice of Initiation of Five-Year (“Sunset”) Reviews provides further information regarding what is required of all parties to participate in Sunset Reviews. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 15 days of the publication of the Notice of Initition. Please note that if the Department receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. This notice is not required by statute but is published as a service to the international trading community. Dated: December 19, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7-25502 Filed 12-31-07; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD Operations, Customs Unit, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone:
(202)482-4697. Background Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspension of investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended, may request, in accordance with section 351.213
(2004)of the Department of Commerce (the Department) Regulations, that the Department conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. *Opportunity to Request a Review:* Not later than the last day of January 2008, 1 interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in January for the following periods: 1 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when the Department is closed. Period Antidumping Duty Proceedings BRAZIL: Prestressed Concrete Steel Wire Strand, A-351-837 1/1/07-12/31/07 INDIA: Prestressed Concrete Steel Wire Strand, A-533-828 1/1/07-12/31/07 MEXICO: Prestressed Concrete Steel Wire Strand, A-201-831 1/1/07-12/31/07 SOUTH AFRICA: Ferrovanadium, A-791-815 1/1/07-12/31/07 SOUTH KOREA: Prestressed Concrete Steel Wire Strand, A-580-852 1/1/07-12/31/07 Top-of-the Stove Stainless Steel Cooking Ware, A-580-601 1/1/07-12/31/07 THAILAND: Prestressed Concrete Steel Wire Strand, A-549-820 1/1/07-12/31/07 THE PEOPLE'S REPUBLIC OF CHINA: Crepe Paper Products, A-570-895 1/1/07-12/31/07 Ferrovanadium, A-570-873 1/1/07-12/31/07 Folding Gift Boxes, A-570-866 1/1/07-12/31/07 Potassium Permanganate, A-570-001 1/1/07-12/31/07 Wooden Bedroom Furniture, A-570-890 1/1/07-12/31/07 Countervailing Duty Proceedings SOUTH KOREA: Top-of-the-Stove Stainless Steel Cooking Ware, C-580-602 1/1/07-12/31/07 Suspension Agreements RUSSIA: Certain Cut-to-Length Carbon Steel Plate, A-821-808 1/1/07-12/31/07 In accordance with section 351.213(b) of the regulations, an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. The Department changed its requirements for requesting reviews for countervailing duty orders. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review, and the requesting party must state why it desires the Secretary to review those particular producers or exporters. 2 If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which were produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. 2 If the review request involves a non-market economy and the parties subject to the review request do not qualify for separate rates, all other exporters of subject merchandise from the non-market economy country who do not have a separate rate will be covered by the review as part of the single entity of which the named firms are a part. Please note that, for any party the Department was unable to locate in prior segments, the Department will not accept a request for an administrative review of that party absent new information as to the party's location. Moreover, if the interested party who files a request for review is unable to locate the producer or exporter for which it requested the review, the interested party must provide an explanation of the attempts it made to locate the producer or exporter at the same time it files its request for review, in order for the Secretary to determine if the interested party's attempts were reasonable, pursuant to 19 CFR 351.303(f)(3)(ii). As explained in *Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,* 68 FR 23954 (May 6, 2003), the Department has clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders. See also the Import Administration Web site at *http://ia.ita.doc.gov.* Six copies of the request should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230. The Department also asks parties to serve a copy of their requests to the Office of Antidumping/Countervailing Operations, Attention: Sheila Forbes, in room 3065 of the main Commerce Building. Further, in accordance with section 351.303(f)(l)(i) of the regulations, a copy of each request must be served on every party on the Department's service list. The Department will publish in the **Federal Register** a notice of “Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation” for requests received by the last day of January 2008. If the Department does not receive, by the last day of January 2008, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct the U.S. Customs and Border Protection to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. This notice is not required by statute but is published as a service to the international trading community. Dated: December 19, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7-25501 Filed 12-31-07; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-570-898] Chlorinated Isocyanurates from the People's Republic of China: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (“the Department”) is conducting an administrative review of the antidumping duty order on chlorinated isocyanurates (“chlorinated isos”) from the People's Republic of China (“PRC”) covering the period December 16, 2004, through May 31, 2006. We invited interested parties to comment on our preliminary results. Based on our analysis of the comments received, we have made changes to our margin calculations. Therefore, the final results differ from the preliminary results. EFFECTIVE DATE: January 2, 2008. FOR FURTHER INFORMATION CONTACT: Katharine Huang or Charles Riggle, 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)482-1271 or
(202)482-0650, respectively. Background On July 17, 2007, the Department published its preliminary results of the antidumping duty order on chlorinated isocyanurates from the PRC. *See Chlorinated Isocyanurates from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review* , 72 FR 39053 (July 17, 2007) (“ *Preliminary Results* ”). On August 7, 2007, Clearon Corporation (“Clearon”) and Occidental Chemical Corporation (“Petitioners”), petitioners in the underlying investigation, provided additional information on the appropriate surrogate values to use as a means of valuing the factors of production. On the same date, Petitioners and BioLab, Inc. (“BioLab”), a domestic producer of the like product, requested an extension of the briefing schedule. On August 15, 2007, we granted this request to all interested parties. On August 16, 2007, the Department received a request for a hearing from BioLab. On September 7, 2007, the Department received case briefs from Petitioners and BioLab, and from respondent Hebei Jiheng Chemical Company Ltd. (“Jiheng Chemical”). On September 13, 2007, the Department received rebuttal briefs from Petitioners, BioLab and Jiheng Chemical. On September 27, 2007, the Department held public and closed hearings. On October 24, 2007, Department officials met with counsel for Petitioners. On November 1, 2007, Department officials met with counsel for Jiheng Chemical. On November 13, 2007, Department officials met with counsel for BioLab. On November 14, 2007, the Department extended the time period for completion of the final results until December 14, 2007. *See Chlorinated Isocyanurates from the People's Republic of China: Notice of Extension of Time Limit for the Final Results of the Antidumping Duty Administrative Review* , 72 FR 65563 (November 21, 2007). We have conducted this administrative review in accordance with section 751 of the Tariff act of 1930, as amended (“the Act”) and 19 CFR 351.213. Scope of the Order The products covered by this order are chlorinated isocyanurates, as described below: Chlorinated isocyanurates are derivatives of cyanuric acid, described as chlorinated s-triazine triones. There are three primary chemical compositions of chlorinated isocyanurates:
(1)trichloroisocyanuric acid (Cl 3
(NCO)3 ),
(2)sodium dichloroisocyanurate (dihydrate) (NaCl 2
(NCO)3 •2H 2 O), and
(3)sodium dichloroisocyanurate (anhydrous) (NaCl 2
(NCO)3 ). Chlorinated isocyanurates are available in powder, granular, and tableted forms. This order covers all chlorinated isocyanurates. Chlorinated isocyanurates are currently classifiable under subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.50, 3808.50.40 and 3808.94.50.00 of the Harmonized Tariff Schedule of the United States (“HTSUS”). The tariff classification 2933.69.6015 covers sodium dichloroisocyanurates (anhydrous and dihydrate forms) and trichloroisocyanuric acid. The tariff classifications 2933.69.6021 and 2933.69.6050 represent basket categories that include chlorinated isocyanurates and other compounds including an unfused triazine ring. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Analysis of Comments Received All issues raised in the post-preliminary comments by parties in this review are addressed in the memorandum from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, “Issues and Decision Memorandum for the 2004-2006 Administrative Review of Chlorinated Isocyanurates from the People's Republic of China” (December 14, 2007) (“Issues and Decision Memorandum”), which is hereby adopted by this notice. A list of the issues that parties raised and to which we responded in the Issues and Decision Memorandum is attached to this notice as an appendix. The Issues and Decision Memorandum is a public document and is on file in the Central Records Unit (“CRU”) in room B-099 in the main Commerce Department building, and is also accessible on the Web at *http://ia.ita.doc.gov/frn* . The paper copy and electronic version of the memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of comments received, we have made changes in the margin calculations for Jiheng Chemical. *See* Issues and Decision Memorandum, at Comments 1-18. • We revised the calculation of normal value (“NV”) to eliminate Jiheng Chemical's by-product credits for discharged chlorine gas, hydrogen gas, sulfuric acid and ammonia gas. *See* Comment 15. • We revised the calculation of international ocean freight to include the relevant itemized charges. *See* Comment 8. • We revised the calculation of surrogate financial ratios using only financial statements for Kanoria Chemicals & Industries Limited. *See* Comment 10. • We corrected errors in calculating U.S. Net price. *See* Comments 16 and 17. Final Results of Review We determined that the following dumping margins exist for the period December 16, 2004, through May 31, 2006. Exporter/Manufacturer Weighted-Average Margin Percentage Jiheng Chemical 18.44 Assessment Rates The Department intends to issue assessment instructions to U.S. Customs and Border Protection (“CBP”) 15 days after the date of publication of these final results of review. In accordance with 19 CFR 351.212(b)(1), we have calculated importer-specific assessment rates for merchandise subject to this review. Cash Deposit Requirements The following deposit requirements will be effective upon publication of this notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act:
(1)for subject merchandise exported by Jiheng Chemical, the cash deposit rate will be 18.44 percent;
(2)for previously reviewed or investigated exporters not listed above that have separate rates, the cash-deposit rate will continue to be the exporter-specific rate published for the most recent period;
(3)for all PRC exporters of subject merchandise, which have not been found to be entitled to a separate rate, the cash-deposit rate will be the PRC-wide rate of 285.63 percent; and
(4)for all non-PRC exporters of subject merchandise that have not received their own rate, the cash-deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements shall remain in effect until further notice. Notification of Interested Parties This notice also 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 the antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders (“APOs”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation that is subject to sanction. We are issuing and publishing this determination and notice in accordance with sections 751(a) and 777(i) of the Act. Dated: December 14, 2007. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. Appendix List of Comments and Issues in the Issues and Decision Memorandum Surrogate Values Comment 1: Surrogate Value for Urea Comment 2: Surrogate Value for Sodium Chloride
(Salt)Comment 3: Surrogate Value for Ferric Trichloride Comment 4: Surrogate Value for Water Comment 5: Surrogate Value for Desiccant Comment 6: Surrogate Value for Electricity Comment 7: Surrogate Value for Steam Coal Comment 8: Surrogate Value for International Ocean Freight Comment 9: Surrogate Values from *Chemical Weekly* Financial Ratios Comment 10: Eligibility of DCM as Source for Surrogate Financial Ratios Comment 11: DCM's Expenses for Traded Goods in the Financial Ratio Calculation Comment 12: Applying Income Offsets in Calculating Financial Ratios Comment 13: Changes in Stock for DCM and Kanoria's Cost of Materials Calculations Comment 14: Use of Net Cost in Financial Ratio Calculations By-Products Comment 15: Intermediate Input By-Product Offsets for Chlorine Gas, Hydrogen Gas, Sulfuric Acid and Ammonia Gas A. Chlorine Gas B. Hydrogen Gas C. Waste Sulfuric Acid D. Ammonia Gas Other Issues Comment 16: Inclusion of Reimbursement for Certain Materials in U.S. Price Comment 17: Correct Treatment of a Raw Material not Provided Free of Charge Comment 18: Zeroing Methodology [FR Doc. E7-25498 Filed 12-31-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-831] Fresh Garlic from the People's Republic of China: Initiation of Antidumping Duty New Shipper Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: January 2, 2008. SUMMARY: The Department of Commerce (“Department”) has determined that three requests for new shipper reviews (“NSRs”) of the antidumping duty order on fresh garlic from the People's Republic of China (“PRC”), received on November 20 and November 30, 2007, respectively, meet the statutory and regulatory requirements for initiation. The period of review (“POR”) for the three NSRs which the Department is initiating is November 1, 2006, through October 31, 2007. FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone:
(202)482-6905. SUPPLEMENTARY INFORMATION: Background The notice announcing the antidumping duty order on fresh garlic from the PRC was published in the **Federal Register** on November 16, 1994. *See Notice of Antidumping Duty Order: Fresh Garlic from the People's Republic of China* , 59 FR 59209 (November 16, 1994) (“Order”). 1 On November 20 and November 30, 2007, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (“the Act”), and 19 CFR 351.214(c), the Department received three new shipper review (“NSR”) requests from Anqiu Haoshun Trade Co., Ltd., (“Haoshun”), Ningjin Ruifeng Foodstuff Co., Ltd. (“Ningjin”), and Zhengzhou Yuanli Trading Co., Ltd. (“Yuanli”), respectively. All three companies certified that they are both the producer and exporter of the subject merchandise upon which the requests for NSRs were based. 1 Therefore, a request for a NSR based on the annual anniversary month, November, was due to the Department by the final day of November 2007. See 19 CFR 351.214(d)(1). On December 4, 2007, the Department documented a phone call to Haoshun's consultant regarding the erroneous POR identified in the caption of Haoshun's NSR request. On December 5, 2007, the Department issued a letter to Haoshun requesting further information that was not contained within its NSR request. On December 10, 2007, Haoshun submitted certifications, pursuant to 19 CFR 351.214(b)(2)(ii)(B) and a correction to the POR indicated in the caption of its request. Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Haoshun, Ningjin, and Yuanli certified that they did not export fresh garlic to the United States during the period of investigation (“POI”). In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Haoshun, Ningjin, and Yuanli certified that, since the initiation of the investigation, they have never been affiliated with any PRC exporter or producer who exported fresh garlic to the United States during the POI, including those not individually examined during the investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), Haoshun, Ningjin, and Yuanli also certified that their export activities were not controlled by the central government of the PRC. In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Haoshun, Ningjin, and Yuanli submitted documentation establishing the following:
(1)the date on which Haoshun, Ningjin, and Yuanli first shipped fresh garlic for export to the United States and the date on which the fresh garlic was first entered, or withdrawn from warehouse, for consumption;
(2)the volume of their first shipment; 2 and
(3)the date of their first sale to an unaffiliated customer in the United States. 2 Haoshun, Ningjin, and Yuanli made no subsequent shipments to the United States. The Department conducted CBP database queries in an attempt to confirm that Haoshun, Ningjin, and Yuanli's shipments of subject merchandise had entered the United States for consumption and that liquidation of such entries had been properly suspended for antidumping duties. The Department also examined whether the CBP data confirmed that such entries were made during the NSR POR. Initiation of New Shipper Reviews Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), the Department finds that Haoshun, Ningjin, and Yuanli meet the threshold requirements for initiation of a NSR for the shipment of fresh garlic from the PRC they produced and exported. *See Memorandum to File from Irene Gorelik, Senior Analyst, through Alex Villanueva, Program Manager, Office 9, Initiation of AD New Shipper Review: Fresh Garlic from the People's Republic of China (A-570-831)* , (December xx, 2007) (“ *NSR Initiation Memo* ”). The POR for the three NSRs is November 1, 2006, through October 31, 2007. *See* 19 CFR 351.214(g)(1)(i)(A). The Department intends to issue the preliminary results of these reviews no later than 180 days from the date of initiation, and final results of these reviews no later than 270 days from the date of initiation. *See* section 751(a)(2)(B)(iv) of the Act. On August 17, 2006, the Pension Protection Act of 2006 (“H.R. 4”) was signed into law. Section 1632 of H.R. 4 temporarily suspends the authority of the Department to instruct CBP to collect a bond or other security in lieu of a cash deposit in new shipper reviews. Therefore, the posting of a bond under section 751(a)(B)(iii) of the Act in lieu of a cash deposit is not available in this case. Importers of fresh garlic from the PRC manufactured and/or exported by Haoshun, Ningjin, and Yuanli must continue to post cash deposits of estimated antidumping duties on each entry of subject merchandise at the current PRC-wide rate of 376.67 percent. Interested parties requiring access to proprietary information in this NSR should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are published in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). December 21, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7-25499 Filed 12-31-07; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE26 Endangered and Threatened Species; Recovery Plans AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice of availability; request for comments. SUMMARY: The National Marine Fisheries Service
(NMFS)announces the availability of the Proposed Columbia River Estuary Endangered Species Act
(ESA)Recovery Plan Module for Salmon and Steelhead (Estuary Module) for public review and comment. The Estuary Module was developed to meet the estuary recovery needs of all ESA-listed salmon and steelhead in the Columbia River Basin. The Estuary Module will be incorporated by reference into all Columbia Basin salmon and steelhead recovery plans to guide salmon and steelhead recovery in the Columbia River estuary. The Estuary Module was prepared by the Lower Columbia River Estuary Partnership, under contract to NMFS. At this time, NMFS is soliciting review and comment from the public and all interested parties on the proposed Estuary Module. DATES: NMFS will consider and address all substantive comments received during the comment period. Comments must be received no later than 5 p.m. Pacific Daylight Time on March 3, 2008. ADDRESSES: Please send written comments and materials to Patty Dornbusch, National Marine Fisheries Service, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR 97232. Comments may also be submitted by e-mail to: *EstuaryPlan.nwr@noaa.gov* . Include in the subject line of the e-mail comment the following identifier: Comment on Columbia River Estuary Recovery Plan Module. Comments may be submitted via facsimile
(fax)to
(503)872-2737. Persons wishing to review the Estuary Module may obtain an electronic copy (i.e., CD-ROM) by calling Sharon Houghton at
(503)230-5418 or by emailing a request to *sharon.houghton@noaa.gov* , with the subject line “CD-ROM Request for Columbia River Estuary Module.” Electronic copies of the Estuary Module are also available online on the NMFS website: *www.nwr.noaa.gov* . FOR FURTHER INFORMATION CONTACT: Patty Dornbusch, NMFS Lower Columbia Recovery Coordinator (503-230-5430), or Elizabeth Gaar, NMFS Salmon Recovery Division (503-230-5434). SUPPLEMENTARY INFORMATION: Background The Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. *et seq.* ), requires that a recovery plan be developed and implemented for species listed as endangered or threatened under the statute, unless such a plan would not promote the recovery of a species. Recovery plans must contain
(1)objective, measurable criteria which, when met, would result in a determination that the species is no longer threatened or endangered;
(2)site specific management actions necessary to achieve the plan's goals; and
(3)estimates of the time required and costs to implement recovery actions. NMFS is the agency responsible for developing recovery plans for salmon and steelhead, and the agency will use the plans to guide efforts to restore endangered and threatened Pacific salmon and steelhead to the point that they are again self sustaining in their ecosystems and no longer need the protections of the ESA. To accomplish recovery planning in the Columbia River Basin, NMFS organized the eight listed salmon evolutionarily significant units
(ESUs)and the five listed steelhead distinct population segments
(DPSs)into two geographic recovery domains, the Lower Columbia/Willamette and the Interior Columbia. (The latter was further divided into the Snake, Mid-Columbia, and Upper Columbia sub-domains.) Recovery plans are either complete or in development to address all listed salmon ESUs or steelhead DPSs within each domain. Because NMFS believes that local support for recovery plans is essential, the agency has approached recovery planning collaboratively, with strong reliance on existing state, regional, and tribal planning processes. For instance, in the Columbia Basin, recovery plans have been or are being developed by regional recovery boards convened by Washington State, by the State of Oregon in conjunction with stakeholder teams, and by NMFS in Idaho with the participation of local agencies. NMFS reviews locally developed recovery plans, ensures that they satisfy ESA requirements, and makes them available for public review and comment before formally adopting them as ESA recovery plans. Recovery plans must consider the factors affecting species survival throughout the entire life-cycle. The salmonid life cycle includes spawning and rearing in the tributaries, migration through the mainstem Columbia River and estuary to the ocean, and the return journey to the natal stream. In the estuary, juvenile and adult salmon and steelhead undergo physiological changes needed to make the transition to and from saltwater. They use the varying sub-habitats of the estuary - the shallows, side channels, deeper channels, and plume of freshwater extending offshore - at varying times of the year. While local recovery planners appropriately focus on the tributary conditions within their jurisdictions and domains, NMFS recognized the need for consistent treatment of the factors in the estuary that affect all of the listed salmonids in the Columbia Basin. The Estuary Module is intended to address limiting factors, threats, and needed actions in the Columbia River estuary for the 13 ESUs and DPSs of salmon and steelhead listed in the basin. Each locally developed recovery plan will then include or incorporate by reference the Estuary Module as its estuary component. This approach will ensure consistent treatment across locally developed recovery plans of the effects of the Columbia River estuary as well as a system-wide approach to evaluating and implementing estuary recovery actions. The planning area of the Estuary Module overlaps to some extent with the planning areas for locally developed plans for lower Columbia River tributaries. This overlap occurs in the tidally influenced portions of the tributaries, and in such instances the local plans will reflect the Estuary Module but may contain a higher level of detail in terms of specificity of actions. NMFS contracted with the Lower Columbia River Estuary Partnership (LCREP) for development of the Estuary Module. LCREP was established in 1995 as part of the Environmental Protection Agency's National Estuary Program. LCREP's major roles are to convene common interests, help integrate conservation efforts, increase public awareness and involvement, and promote information-based problem-solving. LCREP is the primary organization focused on conserving and improving the environment of the Columbia River estuary. In addition to having completed development, and begun implementation, of its Comprehensive Conservation and Management Plan in 1999, LCREP completed the Mainstem Lower Columbia River and Columbia River Estuary Subbasin Plan and Supplement in 2004. The LCREP's expertise in assessment, planning, and stakeholder connections made it uniquely suited to develop this proposed Estuary Module for NMFS. NMFS has reviewed the Estuary Module and is now making it available for public review and comment. Upon approval of the Estuary Module, NMFS will make a commitment to implement the actions in the Estuary Module for which it has authority, to work cooperatively on implementation of other actions, and to encourage other Federal agencies to implement Estuary Module actions for which they have responsibility and authority. NMFS will also encourage the States of Washington and Oregon to seek similar implementation commitments from state agencies and local governments. NMFS expects the Estuary Module to help NMFS and other Federal agencies take a more consistent approach to future section 7 consultations and other ESA decisions. For example, the Estuary Module will provide greater biological context for the effects that a proposed action may have on a listed ESU or DPS. Science summarized in the Estuary Module will become a component of the ''best available information'' for section 7 consultations as well as for section 10 habitat conservation plans and other ESA decisions. The Estuary Module The purpose of the Estuary Module is to identify and prioritize management actions that, if implemented, would reduce the impacts of the limiting factors that salmon and steelhead encounter during migration and rearing in the estuary and plume ecosystems. To accomplish this, changes in the physical, biological, or chemical conditions in the estuary are reviewed for their potential to affect salmon and steelhead. Then, the underlying causes of limiting factors are identified and prioritized based on the significance of the limiting factor and each cause's contribution to one or more limiting factors. These causes are referred to as threats and can be either human or environmental in origin. Finally, management actions are identified that are intended to reduce the threats and increase the survival of salmon and steelhead during estuarine rearing and migration. Costs are developed for each of the actions using an estimated level of effort for implementation. The Estuary Module is a synthesis of diverse literature sources and the direct input of estuary scientists. The following key documents were used extensively as a platform for the Estuary Module: Mainstem Lower Columbia River and Columbia River Estuary Subbasin Plan and Supplement (Northwest Power and Conservation Council, 2004); Salmon at River's End (Bottom et al., 2005) and Role of the Estuary in the Recovery of Columbia River Basin Salmon and Steelhead (Fresh et al., 2005). Many primary sources were also consulted, including experts from the NMFS Northwest Fisheries Science Center, other NMFS staff, LCREP staff, and Lower Columbia Fish Recovery Board staff. Additionally, modifications to the Estuary Module were influenced by interactions with the Northwest Power and Conservation Council, the Mid-Columbia Sounding Board, the Upper Willamette Stakeholder Team, and the Lower Columbia River Stakeholder Team. Planning Area and ESUs and DPSs Addressed For the purposes of the Estuary Module, the estuary is broadly defined to include the entire continuum where tidal forces and river flows interact, regardless of the extent of saltwater intrusion (Fresh et al. 2005; Northwest Power and Conservation Council 2004). For planning purposes, the upstream boundary is Bonneville Dam and the downstream boundary includes the Columbia River plume. These two divisions-the estuary and plume-were used extensively in the Estuary Module. During their life cycles, all listed salmon and steelhead in the Columbia River basin rely for some period of time on the Columbia River estuary. The Estuary Module is therefore intended to address all eight listed ESUs and all five listed DPSs. Recovery Goals, Objectives, and Criteria Because the Estuary Module addresses only a portion of the species life-cycle and is intended to be incorporated into locally developed recovery plans that will be adopted by NMFS as ESA recovery plans, it does not contain recovery goals and objectives or de-listing criteria. Those will be provided in the domain-specific recovery plans that this Estuary Module is intended to complement. Causes for Decline and Current Threats The estuary and plume are considerably degraded from their historical condition. The Estuary Module identifies these changes, evaluates their potential effects on salmon and steelhead, and discusses their underlying causes. The causes of decline and current threats may be broadly categorized as habitat-related threats, threats related to the food web and species interaction, and other threats. *Habitat:* The estuary is about 20 percent smaller than it was historically (Northwest Power and Conservation Council, 2004). This reduction is due mostly to diking and filling practices used to convert the floodplain to agricultural, industrial, commercial, and residential uses. Flows entering the estuary also have changed dramatically: spring freshets have decreased and other aspects of the historical hydrograph have been altered. These changes are the result of flow regulation by the hydropower system, water withdrawal for irrigation and water supplies, and climate fluctuations. Flow alterations and diking and filling practices have affected salmon and steelhead in several ways. Access to and use of floodplain habitats by ocean-type ESUs (salmonids that typically rear for a shorter time in tributaries and a longer time in the estuary) have been severely compromised through alterations in the presence and availability of these important habitats. Shifts in timing, magnitude, and duration of flows have also changed erosion and accretion processes, resulting in changes to in-channel habitat availability and connectivity. Elevated temperatures of water entering the estuary are also a threat to salmon and steelhead. Degradation of tributary riparian habitat by land-use practices, in addition to reservoir heating, has caused these increased temperatures. Water quality in the estuary and plume has also been degraded by toxic contaminants. Many contaminants are found in the estuary and plume, some from agricultural pesticides and fertilizers and some from industrial sources. Salmon and steelhead are affected by contaminants through short-term exposure to lethal substances or through longer exposures to chemicals that accumulate over time and magnify through the food chain. *Food Web and Species Interactions:* Limiting factors related to the food web and species interactions can be thought of as the product of all the threats to salmon and steelhead in the estuary. Examples include relatively recent increases in Caspian tern and pinniped predation on salmonids, due at least in part to human alterations of the ecosystem, as well as the more complex and less understood shift from macrodetritus-based primary plant production to phytoplankton production. The introduction of exotic species is another ecosystem alteration whose impacts are not clearly understood. *Other Threats:* The estuary is also influenced by thousands of over-water and instream structures, such as jetties, pilings, pile dikes, rafts, docks, breakwaters, bulkheads, revetments, groins, and ramps. These structures alter river circulation patterns, sediment deposition, and light penetration, and they form microhabitats that often benefit predators. In some cases, structures reduce juvenile access to low-velocity habitats. Ship wake stranding is an example of another threat to salmon and steelhead in the estuary whose full impact is not well understood. Recovery Strategies and Actions The Estuary Module identifies 23 management actions to improve the survival of salmon and steelhead migrating through and rearing in the estuary and plume environments. Table 1 identifies these management actions and shows their relationship to threats to salmonid survival. TABLE 1 Management Actions to Address Threats Threat Management Action Flow-related threats Climate cycles and global warming 2 CRE 1 -1: Protect intact riparian areas in the estuary and restore riparian areas that are degraded. 2 CRE-2: Modify hydrosystem operations to reduce the effects of reservoir surface heating, or conduct mitigation measures. 2 CRE-3: Establish legal instream flows for the estuary that would help prevent further degradation of the ecosystem. 2 Water withdrawal CRE-3: Establish legal instream flows for the estuary that would help prevent further degradation of the ecosystem. Flow regulation CRE-4: Adjust the timing, magnitude and frequency of flows (especially spring freshets) entering the estuary and plume to provide better transport of sediments and access to habitats in the estuary, plume, and littoral cell. Sediment-related threats Entrapment of sediment in reservoirs CRE-5: Study and mitigate the effects of entrapment of sediment in reservoirs, to improve nourishment of the littoral cell. Impaired sediment transport CRE-6: Reduce the export of sand and gravels via dredge operations by using dredged materials beneficially. CRE-4: Adjust the timing, magnitude and frequency of flows (especially spring freshets) entering the estuary and plume to provide better transport of sediments and access to habitats in the estuary, plume, and littoral cell. Dredging CRE-7: Reduce entrainment and habitat effects resulting from main- and side-channel dredge activities in the estuary. Structural threats Pilings and pile dikes CRE-8: Remove pile dikes that have low navigational value but high impact on estuary circulation and/or juvenile predation effects. Dikes and filling CRE-9: Protect remaining high-quality off-channel habitat from degradation through education, regulation, and fee simple and less-than-fee acquisition. CRE-10: Breach or lower dikes and levees to improve access to off-channel habitats. Reservoir heating CRE-2: Modify hydrosystem operations to reduce the effects of reservoir surface heating, or conduct mitigation measures. Over-water structures CRE-11: Reduce the square footage of over-water structures in the estuary. Food web-related threats Reservoir phytoplankton production CRE-10: Breach or lower dikes and levees to improve access to off-channel habitats. Altered predator/prey relationships CRE-13: Manage pikeminnow, smallmouth bass, walleye, and channel catfish to prevent increases in abundance. CRE-14: Identify and implement actions to reduce salmonid predation by pinnipeds. CRE-15: Implement education and monitoring projects and enforce existing laws to reduce the introduction and spread of noxious weeds. CRE-16: Implement projects to redistribute part of the Caspian tern colony currently nesting on East Sand Island. CRE-17: Implement projects to reduce double-crested cormorant habitats and encourage dispersal to other locations. CRE-18: Reduce the abundance of shad entering the estuary. Ship ballast practices CRE-19: Prevent new invertebrate introductions and reduce the effects of existing infestations. Water quality-related threats Agricultural practices CRE-20: Implement pesticide and fertilizer best management practices to reduce estuary and upstream sources of toxic contaminants entering the estuary. Urban and industrial practices CRE-21: Identify and reduce industrial, commercial, and public sources of pollutants. CRE-22: Monitor the estuary for contaminants and/or restore contaminated sites. CRE-23: Implement stormwater best management practices in cities and towns. CRE-1: Protect intact riparian areas in the estuary and restore riparian areas that are degraded. Other threats Riparian practices CRE-1: Protect intact riparian areas in the estuary and restore riparian areas that are degraded. Ship wakes CRE-12: Reduce the effects of vessel wake stranding in the estuary. 1 CRE = Columbia River estuary. 2 It is unclear what the regional effects of climate cycles and global warming will be during the coming decades. In the absence of unambiguous data on the future effects of climate cycles and global warming in the Pacific Northwest, this recovery plan module takes a conservative approach of assuming reduced snowpacks, groundwater recharge, and stream flows, with associated rises in stream temperature and demand for water supplies. The climate-related management actions in this table reflect this assumption. Identifying management actions that could reduce threats to salmon and steelhead as they rear in or migrate through the estuary is an important step toward improving conditions for salmonids during a critical stage in their life cycles. However, actual implementation of management actions is constrained by a variety of factors, such as technical, economic, and property rights considerations. In fact, in some cases it will be impossible to realize an action's full potential because its implementation is constrained by past societal decisions that are functionally irreversible. An important assumption of the Estuary Module is that the implementation of each of the 23 management actions is constrained in some manner. The Estuary Module makes another important assumption about implementation: although implementation of actions is constrained, even constrained implementation can make important contributions to the survival of salmonids in the estuary, plume, and nearshore. It is within the context of these two fundamental assumptions that recovery actions are evaluated in the Estuary Module, in terms of their costs and potential benefits. Potential Survival Benefits and Time and Cost Estimates The evaluation of survival benefits and costs is highly uncertain because it relies on estimates not only of what is technically feasible, but also of what is socially and politically practical. To help characterize potential survival improvements, the Estuary Module uses a planning exercise that involves distributing a plausible survival-improvement target of 20 percent across the actions to hypothesize the portion of that total survival-improvement target that might result from each action. The primary purpose of the survival-improvement target is to help compare the relative potential benefits of different management actions. The survival-improvement target does not account for variation at the ESU, population, and subpopulation scales, and is not intended for use in life-cycle modeling, except as a starting point in the absence of more rigorous data. Costs are developed by breaking each action into a number of specific projects or units and identifying per-unit costs for each project. Both the survival improvements and costs reflect assumptions about the constraints to implementation and the degree to which those constraints can be reduced given the technical, social, and political context in the Columbia River basin. The Estuary Module estimates that the cost of partial (constrained) implementation of all 23 actions over a 25-year time period is about $500 million. Costs of tributary actions and the total estimated time and cost of recovery for each affected ESU or DPS will be provided in the locally developed recovery plans. Monitoring and Adaptive Management As discussed in chapter 6 of the Estuary Module, several important monitoring and adaptive management activities are occurring throughout the Columbia River Basin that have a direct bearing on the estuary, plume, and nearshore. While NMFS believes that these activities provide an adequate framework for monitoring in the estuary, there remains a need to ensure consistency of existing monitoring and evaluation programs in the estuary with the NMFS document Adaptive Management for Salmon Recovery: Evaluation Framework and Monitoring Guidance ( *www.nwr.noaa.gov/Salmon-Recovery-Planning/ESA-Recovery-Plans/Other-Documents.cfm* ) and to review and evaluate pertinent monitoring programs to identify additional monitoring needs (including indicators, metrics, and protocols; lead entities; costs), particularly in the area of action effectiveness monitoring for the actions identified in the Estuary Module. This work is underway and expected to be incorporated into chapter 6 or as an appendix of the Estuary Module at the time it is finalized. Conclusion The Estuary Module contributes to all the Columbia Basin salmon and steelhead recovery plans by analyzing limiting factors and threats relating to survival of listed salmonid species in their passage or residence time in the Columbia River estuary, site-specific management actions related to those limiting factors and threats, and estimates of cost, to be incorporated by reference into all the basin recovery plans. NMFS concludes that the Estuary Module provides information that helps to meets the requirements for recovery plans under ESA section 4(f), and thus is proposing it as a component of Columbia Basin ESA recovery plans. Literature Cited Lower Columbia River Estuary Partnership. 1999. Lower Columbia River Estuary Plan (Comprehensive Conservation and Management Plan). Northwest Power and Conservation Council. 2004. Mainstem Lower Columbia River and Columbia River Estuary Subbasin Plan and Supplement. (Adopted into the Columbia River Basin Fish and Wildlife Program). Bottom, D.L., C.A. Simenstad, J. Burke, A.M. Baptista, D.A. Jay, K.K. Jones, E. Casillas, and M. H. Schiewe. 2005. Salmon at River's End: The Role of the Estuary in the Decline and Recovery of Columbia River Salmon. U.S. Dept. Commer., NOAA Tech. Memo. NMFS-NWFSC-68, 246p. Fresh, K.L., E. Casillas, L.L. Johnson, and D.L. Bottom. 2005. Role of the Estuary in the Recovery of Columbia River Basin Salmon and Steelhead: An Evaluation of the Effects of Selected Factors on Salmonid Population Viability. U.S. Dept. Commer., NOAA Tech. Memo. NMFS-NWFSC-69, 105p. Public Comments Solicited NMFS solicits written comments on the proposed Estuary Module as a component of Columbia Basin ESA recovery plans. All comments received by the date specified above will be considered prior to NMFS's decision whether to adopt the Estuary Module. Additionally, NMFS will provide a summary of the comments and responses through its regional web site. NMFS seeks comments particularly in the following areas:
(1)survival improvement targets and allocation of benefits among actions;
(2)costs and schedule for implementing management actions;
(3)strategies for monitoring action effectiveness;
(4)oversight and institutional infrastructure needed for implementation of Estuary Module actions. Authority: 16 U.S.C. 1531 *et seq.* Dated: December 26, 2007. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7-25401 Filed 12-31-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XE76 Gulf of Mexico Fishery Management Council (Council); Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. SUMMARY: The Gulf of Mexico Fishery Management Council will convene public meetings. DATES: The meetings will be held January 28, 2008 through January 31, 2008. ADDRESSES: The meetings will be held at the Radisson Hotel & Conference Center, 12600 Roosevelt Blvd., St. Petersburg, FL 33716. *Council address* : Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Wayne E. Swingle, Executive Director, Gulf of Mexico Fishery Management Council; telephone:
(813)348-1630. SUPPLEMENTARY INFORMATION: Council Wednesday, January 30, 2008 *11 a.m.* - The Council meeting will begin with a review of the agenda and minutes. *11:15 a.m. - 11:30 a.m.* , the Council will appoint Council Committees. *1 p.m. - 1:30 p.m.* , NMFS will present the National Bycatch Report. *1:30 p.m. - 4:30 p.m.* , the Council will receive public testimony on:
(1)exempted fishing permits (EFPs), if any;
(2)Reef Fish Amendment 30A;
(3)Generic Aquaculture Amendment; and
(4)Spiny Lobster Scoping Document. *4:30 p.m. - 5:30 p.m.* , an Open Public Comment Period regarding any fishery issue of concern will be held. People wishing to speak before the Council should complete a public comment card prior to the comment period. *5:30 - 6 p.m.* , a CLOSED SESSION on Personnel will be held. Thursday, January 31, 2008 The Council will review and discuss reports from the previous two days' committee meetings as follows: *8:30 a.m. - 10:30 a.m.* - Reef Fish Management; *10:30 a.m. - 10:45 a.m.* - Joint Reef Fish/Mackerel/Red Drum; *10:45 a.m. - 11 a.m.* - Spiny Lobster/Stone Crab Management; *11 a.m. - 11:15 a.m.* - Shrimp Management; *11:15 a.m. - 11:30 a.m.* - Budget/Personnel; *11:30 a.m. - 11:45 a.m.* - Red Drum Management; *11:45 a.m. - 12 p.m.* - Marine Reserves; *12 p.m. - 12:30 p.m.* - Administrative Policy; *12:30 p.m. - 12:45 p.m.* - Mackerel Management. *12:45 p.m. - 1:15 p.m.* - The Council will discuss Other Business items. The Council will conclude its meeting at 1:15 p.m. Committees Monday, January 28, 2008 *12 p.m. - 5:30 p.m.* - The Reef Fish Management Committee will meet to discuss the Options Paper for Grouper/Tilefish individual fishing quota (IFQ); Reef Fish Amendment 30A; Update on Socioeconomic Panel
(SEP)Grouper Allocation Recommendations; Public Hearing Draft of Reef Fish Amendment 30B; and Report of Ad Hoc Recreational Red Snapper AP. ** - Informal question and answer session on Draft Aquaculture Amendment. Tuesday, January 29, 2008 *8:30 a.m. - 12 p.m.* - The Reef Fish Management Committee will continue to meet. *1:30 p.m. - 2 p.m.* - The Shrimp Management Committee will meet to discuss the 2008 Cooperative Texas Closure and an update of the 2007 Vessel Effort. *2 p.m. - 2:45 p.m.* - The Joint Reef Fish/Mackerel/Red Drum Management Committee will meet to discuss the Generic Aquaculture Amendment. *2:45 p.m. - 3:30 p.m.* - The Marine Reserve Committee will hear an update on the National Marine Sanctuary Program's Islands in the Stream Concept. *3:30 p.m. - 4 p.m.* - The Red Drum Management Committee will meet to discuss the response by Southeast Fishery Science Center (SEFSC) on the potential for an experimental harvest of red drum from the exclusive economic zone (EEZ). *4 p.m. - 4:30 p.m.* - The Spiny Lobster/Stone Crab Management Committee will discuss a Generic Scoping Document for an International Minimum Size Limit. *4:30 p.m. - 5:30 p.m.* - The Budget/Personnel Committee will review the Status of the 2007 Funding; the 2008 proposed Council Operational Budget; the Statement of Organization Practices and Procedures (SOPPs) provisions for Leave Without Pay; and have a CLOSED SESSION to discuss Personnel. Wednesday, January 30, 2008 *8 a.m. - 10 a.m.* - The Administrative Policy Committee will discuss NMFS Guidelines for Annual Catch Limits
(ACL)and Accountability Measures
(AM)(if available); a staff ACL/AM Discussion Paper; and the development of an Outreach and Education Committee. *10 a.m. - 11 a.m.* - The Mackerel Management Committee will discuss the Terms of Reference for a SEDAR Assessment of king mackerel. Although other non-emergency issues not on the agendas may come before the Council and Committees for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnsuon-Stevens Act), those issues may not be the subject of formal action during these meetings. Actions of the Council and Committees will be restricted to those issues specifically identified in the agendas and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take action to address the emergency. The established times for addressing items on the agenda may be adjusted as necessary to accommodate the timely completion of discussion relevant to the agenda items. In order to further allow for such adjustments and completion of all items on the agenda, the meeting may be extended from, or completed prior to the date established in this notice. Special Accommodations These meetings are 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 27, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-25475 Filed 12-31-07; 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 Meetings; Correction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a correction of a public meeting notice. 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 12 p.m. on Friday, January 11, 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: The original notice published in the **Federal Register** on December 21, 2007 (72 FR 72676). This notice serves as a correction to the dates, times and adds a sentence to the end of the agenda. The original notice stated that the meeting would conclude no later than 3 p.m. on Thursday, January 10, 2008. The meeting will now conclude no later than 12 p.m. on Friday, January 11, 2008. At the end of the agenda, the following sentence should be added: In addressing these issues, the AP may use break-out groups of selected panel members during a portion of the meeting in order to focus attention on these specific topics and develop discussion points for the entire AP to debate later in the meeting or at future meetings. All other previously-published information remains the same. Dated: December 27, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-25476 Filed 12-31-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XE74 New England Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. SUMMARY: The New England Fishery Management Council's (Council) Groundfish Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). DATES: The meeting will be held on Thursday, January 17, 2008, at 9 am. ADDRESSES: The meeting will be held at the Holiday Inn, One Newbury Street, Peabody, MA 01960; telephone:
(978)535-4600. *Council address* : New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone:
(978)465-0492. SUPPLEMENTARY INFORMATION: The items of discussion in the committee's agenda are as follows: The Council's Groundfish Oversight Committee (Committee) will meet to continue development of Amendment 16 to the Northeast Multispecies Fishery Management Plan. The Committee will resume its discussion of suggestions from the National Marine Fisheries Service for sector policies. Issues expected to be addressed include, but are not limited to, universal sector exemptions, where possible; how to address monitoring sectors pertaining to the Eastern U.S./Canada total allowable catches (TACs); crediting catch history; monitoring catch locations, and a possible delay of sector implementation until fishing year 2010. The Committee may also address other sector policy issues, but will not revisit permit history baseline decisions made at the meeting on December 12-13, 2007. The Committee will also begin development of a process for setting Annual Catch Limits (ACLs), as required by the Magnuson-Stevens Act. This discussion will include not only the administrative process (such as how often ACLs will be reviewed), but will consider the technical details for setting ACLs. Issues that are likely to be discussed include, but are not limited to, accounting for catches of groundfish in other fisheries (e.g. yellowtail flounder in the scallop fishery, cod catches in state waters fisheries, etc.), and allowing for uncertainty in assessments and management. Committee recommendations will be forwarded to the Council for action at a future date. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. 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 This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Paul J. Howard (see ADDRESSES ) at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 *et seq.* Dated: December 27, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-25437 Filed 12-31-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XE69 New England 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 New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Committee in January, 2008 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. DATES: This meeting will be held on Friday, January 25, 2008, at 8:30 a.m. ADDRESSES: This meeting will be held at the Sheraton Ferncroft, 50 Ferncroft Road, Danvers, MA 01923; telephone:
(978)777-2500; fax:
(978)750-7991. *Council address* : New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone:
(978)465-0492. SUPPLEMENTARY INFORMATION: The Council initiated a new amendment to the Scallop Fishery Management Plan ini November
(2007)(Amendment 15). The Council identified a number of issues to be considered including: measures to comply with new Magnuson-Stevens Fishery Conservation and Management Act requirements such as annual catch limits
(ACLs)and accountability measures (AMs); rationalization of the limited access scallop fishery; consideration of a mechanism for sectors in the limited access scallop fishery; and re-consideration of the current scallop overfishing definition. The committee will review and develop a draft scoping document for Amendment 15 for the Council to consider at the February 2008 Council meeting. Other business will be discussed if time allows. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Paul J. Howard, Executive Director, at
(978)465-0492, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 *et seq.* Dated: December 27, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-25472 Filed 12-31-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XE72 New England 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 New England Fishery Management Council (Council) will hold a one-day Council meeting, on January 24, 2008, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). DATES: The meeting will be held on Thursday, January 24, 2008, beginning at 8:30 a.m. ADDRESSES: The meeting will be held at the Sheraton Ferncroft Hotel, 50 Ferncroft Road, Danvers, MA 01923; telephone:
(978)777-2500. *Council address* : New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950; telephone:
(978)465-0492. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone:
(978)465-0492. SUPPLEMENTARY INFORMATION: Thursday, January 24, 2008 Following introductions and any announcements the Council will review, discuss and define allocation alternatives for inclusion in Amendment 16 to the Northeast Multispecies (Groundfish) Fishery Management Plan. If time allows, other sector-related issues may be addressed. Although other non-emergency issues not contained in this agenda may come before this Council for discussion, those issues may not be the subject of formal action during this meeting. Council 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 Act, provided that the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Paul J. Howard (see ADDRESSES ) at least 5 days prior to the meeting date. Dated: December 27, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-25473 Filed 12-31-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XE71 Pacific Fishery Management Council; Public Meetings and Hearings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of reports; public meetings, and hearings. SUMMARY: The Pacific Fishery Management Council (Council) has begun its annual preseason management process for the 2008 ocean salmon fisheries. This document announces the availability of Council documents as well as the dates and locations of meetings and public hearings comprising a portion of the Council's schedule of events for determining the annual proposed and final modifications to ocean salmon fishery management measures. The dates and agendas for the March and April 2008 Council meetings, which are another component of the process, will be published in subsequent **Federal Register** documents prior to the actual meetings. DATES: Written comments on the salmon management options must be received by April 1, 2008, at 4:30 p.m. Pacific Time. ADDRESSES: Documents will be available from, and written comments should be sent to, Mr. Donald Hansen, Chairman, Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384, telephone:
(503)820-2280 (voice) or
(503)820-2299 (fax). Comments can also be submitted via e-mail at: *PFMC.comments@noaa.gov* or through the internet at the Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the instructions for submitting comments, and include the I.D. number in the subject line of the message. For specific meeting and hearing locations, see SUPPLEMENTARY INFORMATION . *Council address* : Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220. FOR FURTHER INFORMATION CONTACT: Mr. Chuck Tracy, telephone:
(503)820-2280. SUPPLEMENTARY INFORMATION: Schedule for Document Completion and Availability *February 28, 2008* : “Review of 2007 Ocean Salmon Fisheries” and “Preseason Report I-Stock Abundance Analysis for 2008 Ocean Salmon Fisheries” will be available to the public from the Council office and posted on the Council website at *http://www.pcouncil.org* . *March 24, 2008* : “Preseason Report II-Analysis of Proposed Regulatory Options for 2008 Ocean Salmon Fisheries” and public hearing schedule will be mailed to the public and posted on the Council website at *http://www.pcouncil.org* . The report will include a description of the adopted salmon management options and a summary of their biological and economic impacts. *April 25, 2008* : “Preseason Report III-Analysis of Council-Adopted Ocean Salmon Management Measures for 2008 Ocean Salmon Fisheries” will be available from the Council office and posted on the Council website at *http://www.pcouncil.org* . *May 1, 2008* : Federal regulations for 2008 ocean salmon regulations will be published in the **Federal Register** and implemented. Meetings and Hearings *January 22-25, 2008* : The Salmon Technical Team
(STT)will meet at the Council office in a public work session to draft “Review of 2007 Ocean Salmon Fisheries” and to consider any other estimation or methodology issues pertinent to the 2008 ocean salmon fisheries. *February 19-22, 2008* : The STT will meet at the Council office in a public work session to draft “Preseason Report I-Stock Abundance Analysis for 2008 Ocean Salmon Fisheries” and to consider any other estimation or methodology issues pertinent to the 2008 ocean salmon fisheries. *March 31-April 1, 2008* : Public hearings will be held to receive comments on the proposed ocean salmon fishery management options adopted by the Council. All public hearings begin at 7 p.m. at the following locations: *March 31, 2008* : Chateau Westport, Beach Room, 710 W Hancock, Westport, WA 98595, telephone:
(360)268-9101. *March 31, 2008* : Red Lion Hotel, Umpqua Room, 1313 N Bayshore Drive, Coos Bay, OR 97420, telephone:
(541)267-4141. *April 1, 2008* : Red Lion Eureka, Evergreen Room, 1929 Fourth Street, Eureka, CA 95501, telephone:
(707)445-0844. Although non emergency issues not contained in the Salmon Technical Team
(STT)meeting agendas may come before the STT for discussion, those issues may not be the subject of formal STT action during these meetings. STT action will be restricted to those issues specifically listed in this document and to any issues arising after publication of this document requiring emergency action under Section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the STT's intent to take final action to address the emergency. Special Accommodations The 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 (voice), or
(503)820-2299
(fax)at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et. seq. Dated: December 27, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-25436 Filed 12-31-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XE73 Pacific 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 Pacific Fishery Management Council's (Council) Trawl Rationalization Tracking and Monitoring Committee (TRTMC) will hold a working meeting, which is open to the public. DATES: The TRTMC meeting will be held Wednesday, January 23, 2008, from 8:30 a.m. until business for the day is completed. ADDRESSES: The TRTMC meeting will be held at the Doubletree Hotel and Executive Meeting Center Portland Lloyd Center; 1000 NE Multnomah; Portland, OR 97232; telephone:
(503)281-6111. *Council address* : Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384. FOR FURTHER INFORMATION CONTACT: Mr. Jim Seger, Staff Officer; telephone:
(503)820-2280. SUPPLEMENTARY INFORMATION: The Council is considering a rationalization program to cover limited entry trawl landings in the West Coast groundfish fishery. The purpose of the TRTMC working meeting is to provide agency guidance and perspectives on design constraints and to scope likely impacts of alternative configurations of tracking and monitoring systems for trawl rationalization. Although non-emergency issues not contained in the meeting agenda may come before the TRTMC for discussion, those issues may not be the subject of formal TRTMC action during this meeting. TRTMC 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 TRTMC's intent to take final action to address the emergency. Special Accommodations This meeting is 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 27, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-25474 Filed 12-31-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Telecommunications and Information Administration Commerce Spectrum Management Advisory Committee Meeting AGENCY: National Telecommunications and Information Administration (NTIA), Department of Commerce
(DOC)ACTION: Notice of Open Meeting SUMMARY: This notice announces a public meeting of the Spectrum Management Advisory Committee (Committee). The Committee provides advice to the Assistant Secretary for Communications and Information on spectrum management matters. DATES: The meeting will be held on February 8, 2008, from 1:30 p.m. to 3:30 p.m. Mountain Standard Time. ADDRESSES: The meeting will be held at the U.S. Department of Commerce, Institute for Telecommunication Sciences, 325 Broadway, Room 1-1103/05, Boulder, Colorado 80305. Public comments may be mailed to Spectrum Management Advisory Committee, National Telecommunications and Information Administration, 1401 Constitution Avenue N.W., Room 4725, Washington, DC 20230 or emailed to spectrumadvisory@ntia.doc.gov. FOR FURTHER INFORMATION CONTACT: Eric Stark, Designated Federal Officer, at
(202)482-1880 or estark@ntia.doc.gov; Joe Gattuso at
(202)482-0977 or jgattuso@ntia.doc.gov; and/or visit NTIA's Web site at www.ntia.doc.gov/. SUPPLEMENTARY INFORMATION: *Background:* The Secretary of Commerce established the Spectrum Management Advisory Committee (Committee) to implement a recommendation of the President's Initiative on Spectrum Management pursuant to the President's November 29, 2004 Memorandum for the Heads of Executive Departments and Agencies on the subject of “Spectrum Management for the 21st Century.” 1 This Committee is subject to the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2, and is consistent with the National Telecommunications and Information Administration Act, 47 U.S.C. § 904(b). The Committee provides advice to the Assistant Secretary of Commerce for Communications and Information on needed reforms to domestic spectrum policies and management to enable the introduction of new spectrum-dependent technologies and services, including long-range spectrum planning and policy reforms for expediting the American public's access to broadband services, public safety, and digital television. The Committee functions solely as an advisory body in compliance with the FACA. 1 *President's Memorandum on Improving Spectrum Management for the 21st Century* , 49 Weekly Comp. Pres. Doc. 2875 (Nov. 29, 2004) (Executive Memorandum). *Matters to Be Considered* : The Committee will receive recommendations and reports from its Technical Sharing Efficiencies subcommittee and Operational Sharing Efficiencies subcommittee. It will consider matters to be taken up at its next meeting. It will also provide an opportunity for public comment on these matters. *Time and Date* : The meeting will be held on February 8, 2008, from 1:30 p.m. to 3:30 p.m. Mountain Standard Time. These times and the agenda topics are subject to change. Please refer to NTIA's Web site, http://www.ntia.doc.gov, for the most up-to-date meeting agenda. *Place* : U.S. Department of Commerce, Institute for Telecommunication Sciences, Room 1-1103/05, 325 Broadway, Boulder, Colorado 80305. The meeting will be open to the public and press on a first-come, first-served basis. Space is limited. Due to security requirements and to facilitate entry to the building, anyone wishing to attend must contact Joe Gattuso at jgattuso@ntia.doc.gov or
(202)482-0977 at least fifteen
(15)days prior to the meeting in order to provide the necessary clearance information. When arriving for the meeting, attendees must present photo or passport identification and/or a U.S. Government building pass, if applicable, and should arrive at least one-half hour prior to the start time of the meeting. The public meeting is physically accessible to people with disabilities. Individuals requiring special services, such as sign language interpretation or other ancillary aids, are asked to indicate this to Mr. Gattuso. *Status* : Interested parties are invited to attend and to submit written comments. Interested parties are permitted to file written comments with the Committee at any time before or after a meeting. If interested parties wish to submit written comments for consideration by the Committee in advance of this meeting, they should be sent to the above listed address and received by close of business on February 5, 2008, to provide sufficient time for review. Comments received after February 5, 2008, will be distributed to the Committee but may not be reviewed prior to the meeting. It would be helpful if paper submissions also include a three and one-half inch computer diskette in HTML, ASCII, Word or WordPerfect format (please specify version). Diskettes should be labeled with the name and organizational affiliation of the filer, and the name of the word processing program used to create the document. Alternatively, comments may be submitted electronically to spectrumadvisory@ntia.doc.gov. Comments provided via electronic mail may also be submitted in one or more of the formats specified above. *Records* : NTIA is keeping records of all Committee proceedings. Committee records are available for public inspection at NTIA's office at the address above. Documents including the Committee's charter, membership list, agendas, minutes, and any reports are or will be available on NTIA's Committee Web site at http://www.ntia.doc.gov/advisory/spectrum. Dated: December 27, 2007. Kathy D. Smith, Chief Counsel, National Telecommunications and Information Administration. [FR Doc. E7-25492 Filed 12-31-07; 8:45 am] BILLING CODE 3510-60-S DEPARTMENT OF COMMERCE National Telecommunications and Information Administration Notice: TV Converter Box Coupon Program Public Meeting AGENCY: National Telecommunications and Information Administration, U.S. Department of Commerce. ACTION: Notice of Public Meeting. SUMMARY: NTIA will hold a public meeting on January 24, 2008, in connection with its TV Converter Box Coupon Program described in the Final Rule that was released on March 12, 2007. 1 1 *See Rules to Implement and Administer a Coupon Program for Digital-to-Analog Converter Boxes,* 72 FR 12097 (March 15, 2007) DATES: The meeting will be held on January 24, 2008, from 2 p.m. to 4 p.m., Eastern Standard Time. ADDRESSES: The meeting will be held at the U.S. Department of Commerce, 1401 Constitution Avenue, N.W., Room 4830, Washington, D.C. (Please enter at 14th Street). The handicapped accessible entrance is located at the 14th Street Aquarium Entrance. FOR FURTHER INFORMATION CONTACT: For further information regarding the meeting, contact Mary Lou Kenny, Partnership Manager, at
(202)482-9114. SUPPLEMENTARY INFORMATION: NTIA will host a public meeting to discuss how to leverage existing communications channels within Federal departments and agencies to inform consumers about the digital television transition and the TV Converter Box Coupon Program. Detailed information about the Coupon Program is available at www.dtv2009.gov. Because of space limitation, attendance will be determined on a first-come, first-served basis. The meeting will be physically accessible to people with disabilities. Individuals requiring special services, such as sign language interpretation or other ancillary aids, are asked to indicate this to Mary Lou Kenny at least two
(2)days prior to the meeting. Members of the public will have an opportunity to ask questions at the meeting. Individuals who would like to submit questions in writing should e-mail their questions to Mary Lou Kenny at MKenny@ntia.doc.gov. Dated: December 27, 2007. Kathy D. Smith, Chief Counsel, National Telecommunications and Information Administration. [FR Doc. E7-25494 Filed 12-31-07; 8:45 am] BILLING CODE 3510-60-S DEPARTMENT OF COMMERCE National Telecommunications and Information Administration Docket No. 071018612-7895-02 Privacy Act of 1974; System of Records AGENCY: National Telecommunications and Information Administration (NTIA),Department of Commerce. ACTION: Notice. SUMMARY: The National Telecommunications and Information Administration
(NTIA)publishes this notice to announce the effective date of a Privacy Act System of Records entitled COMMERCE/NTIA-1, Applications Related to Coupons for Digital-to-Analog Converter Boxes. NTIA is creating a new system of records for applications related to coupons for the Digital-to- Analog Converter Box program. Information will be collected from individuals under the authority of Title III of the Deficit Reduction Act of 2005, Pub. L. No. 109-171, 120 Stat. 4, 21 (Feb. 8, 2006) (hereinafter “the Act”) and pursuant to regulations published by NTIA in 47 C.F.R. § 301. This new system of records is necessary to identify those households that qualify for and receive coupons towards the purchase of a digital-to-analog converter box. DATES: The system of records will be effective on January 2, 2008. ADDRESSES: For a copy of the system of records please mail requests to Stacy Cheney, Attorney-Advisor, Office of the Chief Counsel, National Telecommunications and Information Administration, Room 4713, 1401 Constitution Avenue, N.W., Washington, DC 20231. A copy of the system of records is also available on NTIA's website at: http://www.ntia.doc.gov/ntiahome/frnotices/2007/SystemRecords_112007.pdf. FOR FURTHER INFORMATION CONTACT: Stacy Cheney, Attorney-Advisor, Office of the Chief Counsel, National Telecommunications and Information Administration, Room 4713, 1401 Constitution Avenue, N.W., Washington, DC 20231. SUPPLEMENTARY INFORMATION: On November 26, 2007, NTIA published in the *Federal Register* a notice requesting comments on a proposed Privacy Act System of Records entitled COMMERCE/NTIA-1, Applications Related to Coupons for Digital-to-Analog Converter Boxes. *See* , 72 Fed. Reg. 65,943 (Nov. 26, 2007). No comments were received in response to the request for comments. By this notice, NTIA is adopting the proposed system of records as final without changes effective on January 2, 2008. Dated: December 27, 2007. Brenda Dolan, Freedom of Information/Privacy Act Officer, U.S. Department of Commerce. [FR Doc. E7-25493 Filed 12-31-07; 8:45 am] BILLING CODE 3510-60-S DEPARTMENT OF DEFENSE Office of the Secretary Intent to Prepare an Environmental Impact Statement for Power Upgrades Project Within the Fort Meade Complex, MD AGENCY: Department of Defense; National Security Agency/Central Security Service. ACTION: Notice of intent; notice of public meeting; request for comments. SUMMARY: The National Security Agency
(NSA)announces that it intends to prepare an Environmental Impact Statement
(EIS)as part of the environmental planning process for power and utility upgrades at Fort George G. Meade, Maryland (hereafter referred to as Fort Meade). The project was initiated to address aging infrastructure reliability issues as well as meet mission growth requirements. The Proposed Action includes the construction of generator facilities, two electrical substations, a boiler plant and chiller plant, as well as ancillary facilities and parking. The proposed utility upgrades would allow for 100 percent self-contained redundancy, should off site power sources fail. Publication of this notice begins a scoping process that identifies and determines the scope of environmental issues to be addressed in the EIS. This notice requests public participation in the scoping process and provides information on how to participate. DATES: There will be an open house at 4 p.m. followed by a scoping meeting from 5 p.m. to 7 p.m. on February 20, 2007, at the Ramada Laurel, 3400 Fort Meade Road, Laurel, Maryland 20724, which is near Fort Meade. Comments or questions regarding this EIS should be submitted by 30 days from the date of publication in the **Federal Register** to ensure sufficient time to consider public input in the preparation of the Draft EIS. ADDRESSES: The open house and scoping meeting will be held at the Ramada Laurel, 3400 Fort Meade Road, Laurel, Maryland 20724. Oral and written comments will be accepted at the scoping meeting. Written comments can also be mailed to Mr. Jeffrey Williams, Environmental and Safety Services, National Security Agency, 9800 Savage Road Suite 6404, Fort Meade, MD 20755-6248 or submitted by e-mail to Mr. Williams at *jdwill2@nsa.gov* . FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Williams at
(301)688-2970, or e-mail *jdwill2@nsa.gov* . SUPPLEMENTARY INFORMATION: *Background:* The National Security Agency
(NSA)is a tenant DOD agency on Fort Meade. NSA is a high-technology organization that is on the frontiers of communications and data processing. In order to meet mission growth requirements as well as address aging infrastructure reliability information, power upgrades are needed at the NSA campus on Fort Meade. *Proposed Action and Alternatives:* The Power Upgrades Project, an NSA investment and major systems acquisition, was initiated to meet the growth requirements of NSA as well as address aging infrastructure reliability issues. The Proposed Action would consist of construction of the following: —50 mega volt amp
(MVA)North Electrical Substation with 15 kilo volt
(kV)switchgears, a 50 mega watt
(MW)generator plant with pollution control system and oil storage facilities. —South Generator facility consisting of 36 MW generator plant. —Replacement of four 85-90 million British Thermal Units per hour (MMBTU/hr) boilers, the boiler building, and two 200,000 aboveground oil storage tanks. —Addition of a central chiller plant of 20,000 tons of chilled water capacity with a dedicated substation and emergency generator capacity. —Replacement surface parking and parking garages. —Associated ancillary equipment and utility connections. Alternatives identified include up to five locations for the proposed construction of the North and East substation facilities on the NSA campus, two options for power generation, and various pollution control systems. These alternatives will be developed during preparation of the Draft EIS as a result of public and agency input and environmental analyses of the activities. The No Action Alternative (not undertaking the Power Upgrade Project) will also be analyzed in detail. This notice of intent is required by 40 CFR 1508.22, and briefly describes the proposed action and possible alternatives and our proposed scoping process. The EIS will comply with the National Environmental Policy Act of 1969 (NEPA), the Council on Environmental Quality regulations in 40 CFR parts 1500-1508, and NSA Draft NEPA implementation procedures. *Significant Issues:* Environmental issues to be analyzed in the EIS will include potential impacts on air quality, natural resources, water use, solid waste, cultural resources, and cumulative impacts from increased burdens to the installation and neighboring community based on projected growth. *Scoping Process:* Public scoping is an early and open process for identifying and determining the scope of issues to be addressed in the EIS. Scoping begins with this notice, continues through the public comment period (see DATES ), and ends when the DOD has completed the following actions: —Invites the participation of Federal, State, and local agencies, any affected Indian tribe and other interested persons. —Determines the actions, alternatives, and impacts described in 40 CFR 1508.25. —Identifies and eliminates from detailed study those issues that are not significant or that have been covered elsewhere. —Indicates any related environmental assessments or environmental impact statements that are not part of the EIS. —Other relevant environmental review and consultation requirements. —Indicates the relationship between timing of the environmental review and other aspects of the proposed program. —At its discretion, exercises the options provided in 40 CFR 1501.7(b). Once the scoping process is complete, the DoD will prepare a Draft EIS, and will publish a **Federal Register** notice announcing its public availability. If you want that notice to be sent to you, please contact the DoD Project Office point of contact identified in FOR FURTHER INFORMATION CONTACT . You will have an opportunity to review and comment on the Draft EIS. Additionally, the DoD anticipates holding a public meeting after publication of the DEIS in the vicinity of Fort Meade, Maryland to present the Draft EIS and receive public comments regarding the document. The DoD will consider all comments received and then prepare the Final EIS. As with the Draft EIS, the DoD will announce the availability of the Final EIS and once again give you an opportunity for review and comment. December 21, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, DoD. [FR Doc. E7-25451 Filed 12-31-07; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary Defense Business Board AGENCY: DoD. ACTION: Meeting notice. SUMMARY: Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the Department of Defense announces that the following Federal advisory committee meeting will take place: 1. *Name of Committee:* Defense Business Board (DBB). 2. *Date:* Wednesday, January 16, 2008. 3. *Time:* 2 p.m. to 3:30 p.m. 4. *Location:* Pentagon, Room 3E863. 5. *Purpose of the Meeting:* The mission of the DBB is to advise the Secretary of Defense on effective strategies for implementation of best business practices of interest to the Department of Defense. At this meeting, the Board will deliberate on findings from three task groups:
(1)Task Group on Tooth-to-Tail Review,
(2)Task Group on Capability Requirements High-level Review, and
(3)Task Group on Engaging U.S. Business in Support of National Security. Copies of DRAFT Task Group presentations will be available on Friday, January 11th by contacting the DBB Office. 6. *Agenda:* 2 p.m.-3:30 p.m. Public Meeting. • Task Group Reports: • Tooth-to-Tail. • Capability Requirements High-level Review. • Engaging U.S. Business in Support of National Security. 7. *Public's Accessibility to the Meeting:* Pursuant to 5 U.S.C. 552b and 41 CFR 102-3.140 through 102-3.165, and the availability of space, this meeting is open to the public. Seating is on a first-come basis. Members of the public who wish to attend the meeting must contact the Defense Business Board no later than Noon on Monday, January 14th to arrange a Pentagon escort. Public attendees are required to arrive at the Pentagon Metro Entrance by 1:30 p.m. and complete security screening by 1:45 p.m. Security screening requires two forms of identification:
(1)A government-issued photo I.D., and
(2)any type of secondary I.D. which verifies the individual's name (i.e. debit card, credit card, work badge, social security card). 8. *Committee's Designated Federal Officer:* Kelly Van Niman, Defense Business Board, 1155 Defense Pentagon, Room 3C288, Washington, DC 20301-1155, *kelly.vanniman@osd.mil,*
(703)697-2346. SUPPLEMENTARY INFORMATION: Pursuant to 41 CFR 102-3.105(j) and 102-3.140, and section 10(a)(3) of the Federal Advisory Committee Act of 1972, the public or interested organizations may submit written statements to the Defense Business Board about its mission and functions. Written statements may be submitted at any time or in response to the stated agenda of a planned meeting of the Defense Business Board. All written statements shall be submitted to the Designated Federal Officer for the Defense Business Board, and this individual will ensure that the written statements are provided to the membership for their consideration. Contact information for the Designated Federal Officer can be obtained from the GSA's FACA Database— *https://www.fido.gov/facadatabase/public.asp.* Statements being submitted in response to the agenda mentioned in this notice must be received by the Designated Federal Officer at the address listed above at least five calendar days prior to the meeting which is the subject of this notice. Written statements received after this date may not be provided to or considered by the Defense Business Board until its next meeting. The Designated Federal Officer will review all timely submissions with the Defense Business Board Chairperson and ensure they are provided to all members of the Defense Business Board before the meeting that is the subject of this notice. FOR FURTHER INFORMATION CONTACT: Ryan Bates, Defense Business Board, 1155 Defense Pentagon, Room 3C288, Washington, DC 20301-1155, *ryan.bates@osd.mil,*
(703)697-2346. Dated: December 21, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E7-25452 Filed 12-31-07; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary Defense Science Board AGENCY: Department of Defense. ACTION: Notice of advisory committee meetings. SUMMARY: The Defense Science Board will meet in closed session on February 6-7, 2008; at the Pentagon, Arlington, VA. The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At this meeting, the Board will discuss interim finding and recommendations resulting from ongoing Task Force activities. The Board will also discuss plans for future consideration of scientific and technical aspects of specific strategies, tactics, and policies as they may affect the U.S. national defense posture and homeland security. In accordance with section 10(d) of the Federal Advisory Committee Act, Public Law 92-463, as amended (5 U.S.C. App. 2) and 41 CFR 102-3.155, the Department of Defense has determined that these Defense Science Board Quarterly meeting will be closed to the public. Specifically, the Under Secretary of Defense (Acquisition, Technology and Logistics), with the coordination of the DoD Office of General Counsel, has determined in writing that all sessions of these meetings will be closed to the public because they will be concerned throughout with matters listed in 5 U.S.C. 552b(c)(1). Interested persons may submit a written statement for consideration by the Defense Science Board. Individuals submitting a written statement must submit their statement to the Designated Federal Official at the address detailed below, at any point, however, if a written statement is not received at least 10 calendar days prior to the meeting, which is the subject of this notice, then it may not be provided to or considered by the Defense Science Board. The Designated Federal Official will review all timely submissions with the Defense Science Board Chairperson, and ensure they are provided to members of the Defense Science Board before the meeting that is the subject of this notice. FOR FURTHER INFORMATION CONTACT: Ms. Debra Rose, Executive Officer, Defense Science Board, 3140 Defense Pentagon, Room 3C553, Washington, DC 20301-3140, via e-mail at *debra.rose@osd.mil* , or via phone at
(703)571-0084. Dated: December 21, 2007. L.M. Bynum, OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E7-25469 Filed 12-31-07; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary Defense Science Board AGENCY: Department of Defense. ACTION: Notice of advisory committee meetings. SUMMARY: The Defense Science Board Task Force on Nuclear Deterrence Skills will meet in closed session on January 17, 2008; at the 509th Bomber Wing, Whitman AFB, MO; and on January 18, 2008; at the National Nuclear Security Administration, Nevada Site Office, Las Vegas, NV. The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At these meetings, the Defense Science Board Task Force will: Assess all aspects of nuclear deterrent skills as well as the progress Department of Energy
(DoE)has made since the publication of the Chiles Commission report. In accordance with Section 10(d) of the Federal Advisory Committee Act, Public Law 92-463, as amended (5 U.S.C. App. II), it has been determined that these Defense Science Board Task Force meetings concern matters listed in 5 U.S.C. 552b(c)(1) and that, accordingly, the meetings will be closed to the public. FOR FURTHER INFORMATION CONTRACT: CDR Clifton Phillips, USN, Defense Science Board, 3140 Defense Pentagon, Room 3B888A, Washington, DC 20301-3140, via e-mail at *clifton.phillips@osd.mil* , or via phone at
(703)571-0083. Dated: December 21, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E7-25470 Filed 12-31-07; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF EDUCATION Privacy Act of 1974; System of Records—Electronic Cohort Default Rate Appeals (eCDR Appeals) AGENCY: Federal Student Aid, Department of Education. ACTION: Notice of a new system of records. SUMMARY: In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (Department) publishes this notice of a new system of records entitled “Electronic Cohort Default Rate Appeals (eCDR Appeals)”. 18-11-18 The eCDR Appeals system will be used to process institution of higher education cohort default rate challenges and adjustment requests. The eCDR Appeals system will also contain records regarding borrowers who have applied for and received loans under the William D. Ford Federal Direct Loan (Direct Loan) Program and the Federal Family Education Loan
(FFEL)Program. The Department seeks comment on the new system of records described in this notice, in accordance with the requirements of the Privacy Act. DATES: We must receive your comments about this new system of records on or before February 1, 2008. The Department filed a report describing the new system of records covered by this notice with the Chair of the Senate Committee on Homeland Security and Governmental Affairs, the Chair of the House Committee on Oversight and Government Reform, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget
(OMB)on December 27, 2007. This system of records will become effective at the later date of—(1) The expiration of the 40-day period for OMB review on February 5, 2008; or
(2)February 1, 2008, unless the system of records needs to be changed as a result of public comment or OMB review. ADDRESSES: Address all comments about this new system of records to Donna Bellflower, Default Prevention and Management, Portfolio Performance Management Staff, Federal Student Aid, U.S. Department of Education, Union Center Plaza, 830 First Street, NE., room 84B2, Washington, DC 20202-5353. If you prefer to send comments through the Internet, use the following address: *http://comments@ed.gov* . You must include the term “eCDR Appeals” in the subject line of your electronic message. During and after the comment period, you may inspect all comments about this notice at the U.S. Department of Education in room 84B2, Union Center Plaza, 8th Floor, 830 First Street, NE., Washington, DC, between the hours of 8 a.m. and 4:30 p.m., Eastern time, Monday through Friday of each week except Federal holidays. Assistance to Individuals With Disabilities in Reviewing the Rulemaking Record On request, we will supply an appropriate aid, such as a reader or print magnifier, to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for this notice. If you want to schedule an appointment for this type of aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT . FOR FURTHER INFORMATION CONTACT: Donna Bellflower. Telephone number:
(202)377-3196. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service (FRS), toll free, at 1-800-877-8339. Individuals with disabilities can obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed in this section. SUPPLEMENTARY INFORMATION: Introduction The Privacy Act (5 U.S.C. 552a(e)(4)) requires the Department to publish in the **Federal Register** this notice of a new system of records maintained by the Department. The Department's regulations implementing the Privacy Act are contained in the Code of Federal Regulations
(CFR)in part 5b of title 34. The Privacy Act applies to a record about an individual that is maintained in a system of records from which individually identifying information is retrieved by a unique identifier associated with each individual, such as a name or Social Security number. The information about each individual is called a “record,” and the system, whether manual or computer-based, is called a “system of records.” The Privacy Act requires each agency to publish a system of records notice in the **Federal Register** and to submit, whenever the agency publishes a new system of records or makes a significant change to an established system of records, a report to the Administrator of the Office of Information and Regulatory Affairs, OMB. Each agency is also required to send copies of the report to the Chair of the Committee on Oversight and Government Reform of the House of Representatives, and to the Chair of the Committee on Homeland Security and Governmental Affairs of the Senate. Electronic Access to This Document You can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister/index.html* . To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara* . Dated: December 27, 2007. Lawrence A. Warder, Acting Chief Operating Officer, Federal Student Aid. For the reasons discussed in the preamble, the Acting Chief Operating Officer, Federal Student Aid, U.S. Department of Education publishes a notice of a new system of records, to read as follows: SYSTEM NUMBER: 18-11-18. SYSTEM NAME: Electronic Cohort Default Rate Appeals (eCDR Appeals). SECURITY CLASSIFICATION: None. SYSTEM LOCATIONS:
(1)Default Prevention and Management, Portfolio Performance Management Staff, Federal Student Aid, U.S. Department of Education, Union Center Plaza, 830 First Street, NE., room 84B2, Washington, DC 20202-5353.
(2)Perot Systems, 2300 W. Plano Parkway, Plano, TX 75075. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: The eCDR Appeals system contains records on borrowers who have received loans under the William D. Ford Federal Direct Loan (Direct Loan) Program and the Federal Family Education Loan
(FFEL)Program. Although the eCDR Appeals system contains information about institutions associated with individuals, this system of records notice pertains only to individuals protected under the Privacy Act of 1974, as amended. CATEGORIES OF RECORDS IN THE SYSTEM: The eCDR Appeals system contains records regarding:
(1)Student/borrower identifier information including Social Security number and name;
(2)loan information (e.g., last date of attendance, date entered repayment, default date) for each student/borrower loan counted in the cohort default rate of the institution of higher education submitting the cohort default rate challenge or adjustment request; and
(3)documentation submitted by an institution of higher education or data manager to support its data allegation (e.g., enrollment verification, copies of cancelled checks, etc.). AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 20 U.S.C. 1082, 1085, 1094, 1099c. PURPOSE(S): The information contained in the records maintained in this system is used for the following purposes:
(1)To allow institutions of higher education to electronically challenge their draft cohort default rate data, and electronically request an adjustment to their official cohort default rate data via an uncorrected data adjustment or new data adjustment request;
(2)To allow data managers to electronically view and respond to cohort default rate challenges and adjustment requests from institutions of higher education. Note: Data managers are determined on the basis of the holder of the loan. For FFEL Program loans held by the lender or its guaranty agency, the guaranty agency is the data manager for the purpose of the appeal. If the Department is the holder of the FFEL Program loan, then the Department is the data manager. For Direct Loans, the Direct Loan servicer is the data manager; and
(3)To allow Federal Student Aid to electronically view and respond to cohort default rate challenges and adjustment requests from institutions of higher education. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: The Department may disclose information contained in a record in this system of records without the consent of the individual if the disclosure is compatible with the purposes for which the record was collected. The Department may make these disclosures on a case-by-case basis, or, if the Department has complied with the computer matching requirements of the Computer Matching and Privacy Protection Act of 1988, as amended, under a computer matching agreement.
(1)*Program Disclosures.* The Department may disclose records to the institution of higher education or data manager responsible for entering the loan information into the eCDR appeals system, in order to obtain clarification or additional information to assist in determining the outcome of the allegation.
(2)*Disclosure for Use by Other Law Enforcement Agencies.* The Department may disclose information to any Federal, State, local, or foreign agency, or other public authority responsible for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or regulation if that information is relevant to any enforcement, regulatory, investigative, or prosecutorial responsibility within the receiving entity's jurisdiction.
(3)*Enforcement Disclosure.* In the event that information in this system of records indicates, either on its face or in connection with other information, a violation or potential violation of any applicable statutory, regulatory, or legally binding requirement, the Department may disclose the relevant records to the appropriate agency, whether foreign, Federal, State, Tribal, or local, charged with the responsibility of investigating or prosecuting that violation or charged with enforcing or implementing the statute, Executive order, rule, regulation, or order issued pursuant thereto.
(4)*Litigation and Alternative Dispute Resolution
(ADR)Disclosure.*
(a)*Introduction.* In the event that one of the parties listed below is involved in litigation or ADR, or has an interest in litigation or ADR, the Department may disclose certain records to the parties described in paragraphs (b), (c), and
(d)of this routine use under the conditions specified in those paragraphs:
(i)The Department or any of its components.
(ii)Any Department employee in his or her official capacity.
(iii)Any Department employee in his or her individual capacity if the U.S. Department of Justice
(DOJ)has been requested to or has agreed to provide or arrange for representation for the employee.
(iv)Any Department employee in his or her individual capacity where the Department has agreed to represent the employee.
(v)The United States where the Department determines that the litigation is likely to affect the Department or any of its components.
(b)*Disclosure to DOJ.* If the Department determines that disclosure of certain records to DOJ is relevant and necessary to litigation or ADR, the Department may disclose those records as a routine use to DOJ.
(c)*Adjudicative Disclosure.* If the Department determines that it is relevant and necessary to the litigation or ADR to disclose certain records to an adjudicative body before which the Department is authorized to appear, to an individual, or to an entity designated by the Department or otherwise empowered to resolve or mediate disputes, the Department may disclose those records as a routine use to the adjudicative body, individual, or entity.
(d)*Disclosure to Parties, Counsel, Representatives, or Witnesses.* If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to the litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.
(5)*Freedom of Information Act
(FOIA)and Privacy Act Advice Disclosure.* The Department may disclose records to DOJ or the OMB if the Department concludes that disclosure would help in determining whether particular records are required to be disclosed under the FOIA or the Privacy Act.
(6)*Contract Disclosure.* If the Department contracts with an entity to perform any function that requires disclosing records to the contractor's employees, the Department may disclose the records to those employees. Before entering into such a contract, the Department shall require the contractor to maintain Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect to the records in the system.
(7)*Congressional Member Disclosure.* The Department may disclose the records of an individual to a member of Congress or the member's staff in response to an inquiry from the member made at the written request of that individual. The member's right to the information is no greater than the right of the individual who requested the inquiry.
(8)*Disclosure in the Course of Responding to Breach of Data.* The Department may disclose records to appropriate agencies, entities, and persons when
(1)it is suspected or confirmed that the security or confidentiality of information in the eCDR Appeals system has been compromised;
(2)the Department has determined that as a result of the suspected or confirmed compromise, there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of the eCDR Appeals system or other systems or programs (whether maintained by the Department or by another agency or entity) that rely upon the compromised information; and
(3)the disclosure is made to such agencies, entities, and persons who are reasonably necessary to assist the Department in responding to the suspected or confirmed compromise and in helping the Department prevent, minimize, or remedy such harm. DISCLOSURE TO CONSUMER REPORTING AGENCIES: None. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are maintained in a database on the Department's secure servers and in other electronic storage media. RETRIEVABILITY: Records are retrieved by a unique institution of higher education code number provided by the Department to participating institutions and the borrower's Social Security number. SAFEGUARDS: Access to the records is limited to authorized personnel only. All physical access to the Department's site and to the site of the Department's contractor where this system of records is maintained, is controlled and monitored by security personnel who check each individual entering the buildings for his or her employee or visitor badge. The computer system employed by the Department and by the Department's contractors offers a high degree of resistance to tampering and circumvention. This security system limits data access to Department and contract staff on a “need to know” basis, and controls an individual user's ability to access and alter records within the system. All users of this system of records are given a unique user identification. The Department's Federal Student Aid Information Security Privacy Policy requires the enforcement of a complex password policy. In addition, users are required to change their password at least every 60 to 90 days in accordance with the Department's information technology standards. At the principal site of the Department's contractor in Plano, Texas, additional physical security measures are in place and access is monitored 24 hours per day, 7 days a week. RETENTION AND DISPOSAL: The records associated with an institution of higher education's cohort default rate challenge or adjustment request are currently unscheduled pending National Archives and Records Administration
(NARA)approval of a records retention schedule. Until a NARA-approved records schedule is in effect, no records will be destroyed. SYSTEM MANAGER(S) AND ADDRESS: Appeals Team Lead, Default Prevention and Management, Portfolio Performance Management Staff, U.S. Department of Education, Federal Student Aid, Union Center Plaza, 830 First Street, NE., room 84B2, Washington, DC 20202-5353. NOTIFICATION PROCEDURE: If you wish to determine whether a record exists regarding you in the system of records, contact the system manager. Your request must meet the requirements of regulations in 34 CFR 5b.5, including proof of identity. RECORD ACCESS PROCEDURE: If you wish to gain access to your record in the system of records, contact the system manager at the address listed under, SYSTEM MANAGER AND ADDRESS. Requests should contain your full name, address, and telephone number. Your request must meet the requirements of regulations in 34 CFR 5b.5, including proof of identity. CONTESTING RECORD PROCEDURE: If you wish to contest the content of a record regarding you in the system of records, contact the system manager. Your request must meet the requirements of the regulations in 34 CFR 5b.7, including proof of identity. RECORD SOURCE CATEGORIES: Information maintained in this system of records is obtained from institutions of higher education and data managers, and the National Direct Student Loan Data System. EXEMPTIONS CLAIMED FOR THIS SYSTEM: None. [FR Doc. E7-25510 Filed 12-31-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Privacy Act of 1974; System of Records—Financial Management System
(FMS)AGENCY: Federal Student Aid, Department of Education. ACTION: Notice of a New System of Records. SUMMARY: In accordance with the Privacy Act of 1974, as amended (Privacy Act), (5 U.S.C. 552a), the Department of Education (Department) publishes this notice of a new system of records entitled the “Financial Management System (FMS)” (18-11-17). FMS interfaces with other Federal Student Aid systems and consolidates and centralizes all Federal Student Aid accounting and financial data into one system. FMS is a conduit (pass-through system) containing personally identifiable information that is obtained from other Federal Student Aid systems. FMS has been in operation since October 2001. However, because FMS maintains Privacy Act records and discloses these records to the United States Department of the Treasury and to loan holders, a management decision was made to treat FMS as an official system of records under the Privacy Act. DATES: The Department seeks comment on the new system of records described in this notice, in accordance with the requirements of the Privacy Act. We must receive your comments on or before February 1, 2008. The Department filed a report describing the new system of records covered by this notice with the Chair of the Senate Committee on Homeland Security and Governmental Affairs, the Chair of the House Committee on Oversight and Government Reform, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget
(OMB)on December 27, 2007. This new system of records will become effective at the later date of—(1) The expiration of the 40-day period for OMB review on February 5, 2008, or
(2)February 1, 2008 unless the system of records needs to be changed as a result of public comment or OMB review. ADDRESSES: Address all comments about this new system of records to John Hurt, Director, Financial Management Group, Office of the Chief Financial Officer (OCFO), Federal Student Aid, U.S. Department of Education, 830 First Street, NE., Union Center Plaza (UCP), room 54C3, Washington, DC, 20202-5345. If you prefer to send your comments through the Internet, use the following address: *comments@ed.gov.* You must include the term “Financial Management System of Records” in the subject line of your electronic comment. During and after the comment period, you may inspect all public comments about this notice at the U.S. Department of Education in room 54C3, UCP, 5th Floor, 830 First Street, NE., Washington, DC, between the hours of 8 a.m. and 4:30 p.m., eastern time, Monday through Friday of each week, except Federal holidays. Assistance to Individuals With Disabilities in Reviewing the Rulemaking Record On request, we will supply an appropriate aid, such as a reader or print magnifier, to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for this notice. If you want to schedule an appointment for this type of aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT . FOR FURTHER INFORMATION CONTACT: John Hurt. *Telephone number:* 202-377-3453. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed in this section. SUPPLEMENTARY INFORMATION: Introduction The Privacy Act (5 U.S.C. 552a(e)(4)) requires the Department to publish in the **Federal Register** this notice of a new system of records. The Department's regulations implementing the Privacy Act are contained in the Code of Federal Regulations
(CFR)in 34 CFR part 5b. The Privacy Act applies to a record about an individual that is maintained in a system of records from which information is retrieved by a unique identifier associated with each individual, such as a name or social security number. The information about each individual is called a “record,” and the system, whether manual or computer-based, is called a “system of records.” The Privacy Act requires each agency to publish a system of records notice in the **Federal Register** and to submit, whenever the agency publishes a new system of records or makes a significant change to an established system of records, a report to the Administrator of the Office of Information and Regulatory Affairs, OMB. Each agency is also required to send copies of the report to the Chair of the Committee on Oversight and Government Reform of the House of Representatives, and to the Chair of the Committee on Homeland Security and Governmental Affairs of the Senate. Electronic Access to This Document You can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet, at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at 202-512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Dated: December 27, 2007. Lawrence A. Warder, Acting Chief Operating Officer, Federal Student Aid. For the reasons discussed in the preamble, the Acting Chief Operating Officer, Federal Student Aid, U.S. Department of Education (Department) publishes a notice of a new system of records to read as follows: 18-11-17 SYSTEM NAME: Financial Management System (FMS). SECURITY CLASSIFICATION: None. SYSTEM LOCATION(S):
(1)Financial Management Group, Office of the Chief Financial Officer (OCFO), Federal Student Aid, U.S. Department of Education, 830 First Street, NE., Union Center Plaza (UCP), room 54C3, Washington, DC 20202-5345.
(2)Perot Systems Corporation, 2300 W. Plano Parkway, Plano, TX 75075-8427.
(3)ACS Education Services, Inc., 501 Bleecker Street, Utica, NY 13501-2401.
(4)ACS Education Solutions, LLC, 12410 Milestone Center, Germantown, MD 20876-7101. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: This system contains records on those individual borrowers who are eligible for refunds of loan overpayments received by the Department's Office of Federal Student Aid under Title IV of the Higher Education Act of 1965, as amended. CATEGORIES OF RECORDS IN THE SYSTEM: The FMS system contains personally identifiable information about individual borrowers who are entitled to a refund of an overpayment or discharge, or both. The system includes a borrower's social security number, name and address, amount of overpayment to be refunded, and name of the loan holder. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Title IV of the Higher Education Act of 1965, as amended (HEA), (20 U.S.C. 1070 *et seq.* ). PURPOSE(S): Information in this system is maintained for the purpose of processing refunds to borrowers or loan holders (lenders and guaranty agencies) for overpayments and discharges of Title IV Federal student aid. When a loan overpayment or loan discharge occurs and FMS receives loan refund information, FMS sends refund transaction data (the borrower's name and other identifiers) to the Department of Education's Central Automated Processing System (EDCAPS) for posting to the general ledger and subsequent payment by the Department of the Treasury to the borrower or loan holder (lenders and guaranty agencies). ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: The Department may disclose information contained in a record in this system of records without the consent of the individual if the disclosure is compatible with the purposes for which the record was collected. These disclosures may be made on a case-by-case basis, or, if the Department has complied with the computer matching requirements of the Computer Matching and Privacy Protection Act of 1988, as amended, under a computer matching agreement.
(1)*Program Disclosure.* In order to refund loan overpayments back to the borrower or loan holder and to answer questions that may arise about the refund payments, the Department may disclose information from this system to the Department of the Treasury via Treasury's Electronic Certification System
(eCS)or to the loan holder.
(2)*Contract Disclosure.* If the Department contracts with an entity for the purposes of performing any function that requires disclosure of records in this system to employees of the contractor, the Department may disclose the records to those employees. Before entering into such a contract, the Department shall require the contractor to maintain Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect to the records in the system.
(3)*Research Disclosure.* The Department may disclose records to a researcher if the Director, Financial Management Group, Office of Chief Financial Officer, Federal Student Aid, determines that the individual or organization to which the disclosure would be made is qualified to carry out specific research related to functions or purposes of this system of records. The Director may disclose records from this system of records to that researcher solely for the purpose of carrying out research related to the functions or purposes of this system of records. The researcher shall be required to maintain Privacy Act safeguards with respect to the disclosed records.
(4)*Disclosure for Use by Other Law Enforcement Agencies.* The Department may disclose information to any Federal, State, local, or foreign agency or other public authority responsible for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or regulation if that information is relevant to any enforcement, regulatory, investigative, or prosecutorial responsibility within the receiving entity's jurisdiction.
(5)*Enforcement Disclosure.* In the event that information in this system of records indicates, either on its face or in connection with other information, a violation or potential violation of any applicable statute, Executive order, regulation, or rule of a competent authority, the Department may disclose the relevant records to the appropriate agency, whether foreign, Federal, State, Tribal, or local, charged with the responsibility of investigating or prosecuting that violation or charged with enforcing or implementing the statute, order, regulation, or rule, issued pursuant thereto.
(6)*Litigation and Alternative Dispute Resolution
(ADR)Disclosure.*
(a)*Introduction.* In the event that one of the following parties listed below is involved in litigation or ADR, or has an interest in litigation or ADR, the Department may disclose certain records to the parties described in paragraphs (b), (c), and
(d)of this routine use under the conditions specified in those paragraphs:
(i)The Department or any of its components.
(ii)Any Department employee in his or her official capacity.
(iii)Any Department employee in his or her individual capacity if the U.S. Department of Justice
(DOJ)has been requested to or has agreed to provide or arrange for representation for the employee.
(iv)Any Department employee in his or her individual capacity where the Department has agreed to represent the employee.
(v)The United States where the Department determines that the litigation is likely to affect the Department or any of its components.
(b)*Disclosure to the DOJ.* If the Department determines that disclosure of certain records to the DOJ is relevant and necessary to litigation or ADR, the Department may disclose those records as a routine use to the DOJ.
(c)*Adjudicative Disclosure.* If the Department determines that it is relevant and necessary to the litigation or ADR to disclose certain records to an adjudicative body before which the Department is authorized to appear, to an individual, or to an entity designated by the Department or otherwise empowered to resolve or mediate disputes, the Department may disclose those records as a routine use to the adjudicative body, individual, or entity.
(d)*Disclosure to Parties, Counsel, Representatives, or Witnesses.* If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to litigation or ADR, the Department may disclose those records as a routine use to a party, counsel, representative, or witness.
(7)*Freedom of Information Act
(FOIA)or Privacy Act Advice Disclosure.* The Department may disclose records to the DOJ or the OMB if the Department concludes that disclosure is desirable or necessary in determining whether particular records are required to be disclosed under the FOIA or Privacy Act.
(8)*Disclosure to the DOJ.* The Department may disclose records to the DOJ to the extent necessary to obtain DOJ advice on any matter relevant to an audit, inspection, or other inquiry related to the programs covered by this system.
(9)*Congressional Member Disclosure.* The Department may disclose the records of an individual to a member of Congress or the member's staff in response to an inquiry from the member made at the written request of that individual. The member's right to the information is no greater than the right of the individual who requested the inquiry.
(10)*Disclosure in the Course of Responding to Breach of Data.* The Department may disclose records from this system of records to appropriate agencies, entities, and persons when:
(a)The Department suspects or has confirmed that the security or confidentiality of information in the FMS has been compromised;
(b)the Department has determined that as a result of the suspected or confirmed compromise, there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of the FMS or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and,
(c)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are maintained in hardcopy, microfilm, magnetic storage and optical storage media, such as tape, disk, etc. RETRIEVABILITY: Records in this system are retrievable by social security number or name of borrower. SAFEGUARDS: This system of records limits data access to Department and contract staff on a need-to-know basis and controls individual users' ability to access and alter records within the system. All users of this system of records are given a unique user identification and are required to establish a password that adheres to the Federal Student Aid Information Security and Privacy Policy requiring a complex password that must be changed every 60-90 days in accordance with Department information technology standards. Annually, all users of FMS must acknowledge the completion of FMS-specific security awareness training before they can obtain or renew their access to this system of records. An automated audit trail documents the identity of each person and device having access to FMS. RETENTION AND DISPOSAL: FMS' records retention and disposal schedule is in compliance with the Department's Records Retention and Disposition Schedule
(RRDS)policy and the guidance specified in the National Archives and Records Administration
(NARA)General Records Schedule
(GRS)7 entitled “Expenditure Accounting Records.” SYSTEM MANAGER(S) AND ADDRESS:
(1)Financial Management System (FMS)—Director, Financial Management Group, OCFO, Federal Student Aid, U.S. Department of Education, 830 1st Street, NE., UCP, Washington, DC 20202-5345.
(2)Direct Loan Servicing System (DLSS)—Director, Servicing Group, Borrower Services, Federal Student Aid, U.S. Department of Education, 830 1st Street, NE., UCP, Washington, DC 20202-5345.
(3)Direct Loan Consolidation System (DLCS)—Director, Consolidation Group, Borrower Services, Federal Student Aid, U.S. Department of Education, 830 1st Street, NE., UCP, Washington, DC 20202-5345. NOTIFICATION PROCEDURE: If you wish to determine whether a record exists regarding you in the system of records, provide the system manager with your name, date of birth, and social security number. Your requests must meet the requirements of the regulations in 34 CFR 5b.5, including proof of identity. RECORD ACCESS PROCEDURE: If you wish to gain access to a record in this system of records, provide the system manager with your name, date of birth, and social security number. Your requests for access to a record must meet the requirements of the regulations in 34 CFR 5b.5, including proof of identity. CONTESTING RECORD PROCEDURE: If you wish to contest the content of a record regarding you in the system of records, contact the system manager. Your request to correct or amend a record must meet the requirements of the regulations in 34 CFR 5b.7, including proof of identity, specification of the particular record that you are seeking to have changed, and the written justification for making such a change. RECORD SOURCE CATEGORIES: Information in this system is obtained from other Department and contractor-managed systems, such as the Direct Loan Servicing, Direct Loan Consolidation System, Conditional Disability Discharge Tracking System, Campus Based Student Loan System, as well as manual and electronic processes internal to Federal Student Aid. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E7-25520 Filed 12-31-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver From Sanyo Fisher Company and Granting of the Application for Interim Waiver From the Department of Energy Residential and Commercial Central Air Conditioner and Heat Pump Test Procedures [Case No. CAC-017] AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petition for waiver, granting of application for interim waiver, and request for comments. SUMMARY: This notice announces receipt of and publishes a Petition for Waiver from Sanyo Fisher Company, (Sanyo). The Petition for Waiver (hereafter “Sanyo Petition”) requests a waiver of the Department of Energy
(DOE)test procedures applicable to residential and commercial central air conditioners and heat pumps. The waiver request is specific to the Sanyo Variable Refrigerant Flow
(VRF)ECO-i multi-split heat pumps and heat recovery systems. Through this document, DOE is:
(1)Soliciting comments, data, and information with respect to the Sanyo Petition; and
(2)granting an Interim Waiver to Sanyo from the DOE test procedures for residential and commercial central air conditioners and heat pumps. DATES: DOE will accept comments, data, and information with respect to the Sanyo Petition until, but no later than February 1, 2008. ADDRESSES: You may submit comments, identified by case number [CAC-017], by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the instructions for submitting comments. • *E-mail: Michael.Raymond@ee.doe.gov.* Include either the case number [CAC-017], and/or “Sanyo Petition” in the subject line of the message. • *Mail:* Ms. Brenda Edwards-Jones, U.S. Department of Energy, Building Technologies Program, Mailstop EE-2J, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:
(202)586-2945. Please submit one signed original paper copy. • *Hand Delivery/Courier:* Ms. Brenda Edwards-Jones, U.S. Department of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., Washington, DC 20585-0121. Please submit one signed original paper copy. *Instructions:* All submissions received must include the agency name and case number for this proceeding. Submit electronic comments in WordPerfect, Microsoft Word, Portable Document Format (PDF), or text (American Standard Code for Information Interchange (ASCII)) file format, and avoid the use of special characters or any form of encryption. Wherever possible, include the electronic signature of the author. Absent an electronic signature, comments submitted electronically must be followed and authenticated by submitting the signed original paper document. DOE does not accept telefacsimiles (faxes). Any person submitting written comments must also send a copy of such comments to the petitioner, pursuant to 10 CFR 430.27(d) and 10 CFR 431.401(d). The contact information for the petitioner is: Mr. Davis Watkins, Vice President, Applied Products Group, Sanyo Fisher Company, 1690 Roberts Blvd., NW., Suite 110, Kennesaw, GA 30144. Telephone:
(678)384-3112. E-mail: *dwatkins@sss.sanyo.com.* According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit two copies: One copy of the document including all the information believed to be confidential, and one copy of the document with the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination. *Docket:* For access to the docket to review the documents relevant to this matter, you may visit the U.S. Department of Energy, 950 L'Enfant Plaza (Resource Room of the Building Technologies Program), Washington, DC,
(202)586-2945, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Available documents include the following items:
(1)This notice;
(2)public comments received;
(3)the Petition for Waiver and Application for Interim Waiver; and
(4)prior DOE rulemakings regarding central air conditioners and heat pumps. Please call Ms. Brenda Edwards-Jones at the above telephone number for additional information regarding visiting the Resource Room. Please note that DOE's Freedom of Information Reading Room (formerly Room 1E-190 at the Forrestal Building) is no longer housing rulemaking materials. FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. Department of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:
(202)586-9611. E-mail: *Michael.Raymond@ee.doe.gov.* Ms. Francine Pinto or Mr. Eric Stas, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC-72, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0103. Telephone:
(202)586-9507. E-mail: *Francine.Pinto@hq.doe.gov* or *Eric.Stas@hq.doe.gov.* SUPPLEMENTARY INFORMATION: Table of Contents I. Background and Authority II. Petition for Waiver III. Application for Interim Waiver IV. Alternate Test Procedure V. Summary and Request for Comments I. Background and Authority Title III of the Energy Policy and Conservation Act
(EPCA)sets forth a variety of provisions concerning energy efficiency. Part B of Title III establishes the “Energy Conservation Program for Consumer Products Other Than Automobiles.” (42 U.S.C. 6291-6309) Similar to the Program in Part B, Part C of Title III provides for an energy efficiency program titled “Certain Industrial Equipment,” which includes commercial air conditioning and heating equipment, package boilers, water heaters, and other types of commercial equipment. (42 U.S.C. 6311-6317) This notice involves residential products under Part B, as well as commercial equipment under Part C. Under both parts, the statute specifically includes definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. (42 U.S.C. 6291-6296; 6311-6316) With respect to test procedures, both parts authorize the Secretary of Energy (the Secretary) to prescribe test procedures that are reasonably designed to produce results which reflect energy efficiency, energy use, and estimated annual operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3); 6314(a)(2)) Relevant to the current Petition for Waiver, the test procedure for residential central air conditioning and heat pump products is set forth in 10 CFR Part 430, Subpart B, Appendix M. For commercial package air conditioning and heating equipment, EPCA provides that “the test procedures shall be those generally accepted industry testing procedures or rating procedures developed or recognized by the Air-Conditioning and Refrigeration Institute [ARI] or by the American Society of Heating, Refrigerating and Air-Conditioning Engineers [ASHRAE], as referenced in ASHRAE/IES [Illuminating Engineering Society of North America] Standard 90.1 and in effect on June 30, 1992.” (42 U.S.C. 6314(a)(4)(A)) Under 42 U.S.C. 6314(a)(4)(B), the statute further directs the Secretary to amend the test procedure for a covered commercial product if the industry test procedure is amended, unless the Secretary determines that such a modified test procedure does not meet the statutory criteria set forth in 42 U.S.C. 6314(a)(2) and (3). On December 8, 2006, DOE published a final rule in the **Federal Register** adopting test procedures for commercial package air conditioning and heating equipment, effective January 8, 2007. 71 FR 71340. DOE adopted ARI Standard 210/240-2003 for commercial package air conditioning and heating equipment with capacities <65,000 British thermal units per hour (Btu/h) and ARI Standard 340/360-2004 for commercial package air conditioning and heating equipment with capacities ≥65,000 Btu/h and <240,000 Btu/h. *Id.* at 71371. Pursuant to this rulemaking, DOE's regulations at 10 CFR 431.95(b)(2) incorporate by reference the relevant ARI standards, and DOE's regulations at 10 CFR 431.96 direct manufacturers of commercial package air conditioning and heating equipment to use the appropriate procedure when measuring energy efficiency of those products. (The cooling capacities of Sanyo's ECO-i VFR commercial and residential multi-split products respectively fall in the ranges covered by ARI Standard 340/360-2004 and the DOE test procedure for residential products referred to above.) DOE's regulations contain provisions allowing a person to seek a waiver from the test procedure requirements for covered consumer products, if the petitioner's basic model contains one or more design characteristics that prevent testing according to the prescribed test procedures, or if the test procedures may evaluate the basic product in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). The waiver provisions for commercial equipment are substantively identical to those for covered consumer products and are found at 10 CFR 431.401(a)(1). Petitioners must include in their petition any alternate test procedures known to evaluate the basic model in a manner representative of its energy consumption. 10 CFR 430.27(b)(1)(iii); 10 CFR 431.401(b)(1)(iii). The Assistant Secretary for Energy Efficiency and Renewable Energy (the Assistant Secretary) may grant the waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 430.27(l); 10 CFR 431.401(f)(4). Waivers generally remain in effect until the effective date of a final rule which prescribes amended test procedures appropriate to the model series manufactured by the petitioner, thereby eliminating any need for the continuation of the waiver. 10 CFR 430.27(m); 431.401(g). The waiver process also permits parties submitting a Petition for Waiver to file an Application for Interim Waiver from the prescribed test procedure requirements. 10 CFR 430.27(a)(2); 10 CFR 431.401(a)(2). The Assistant Secretary will grant an Interim Waiver request if it is determined that the applicant will experience economic hardship if the Interim Waiver is denied, if it appears likely that the Petition for Waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the Petition for Waiver. 10 CFR 430.27(g); 10 CFR 431.401(e)(3). An Interim Waiver remains in effect for a period of 180 days or until DOE issues its determination on the Petition for Waiver, whichever is sooner, and may be extended for an additional 180 days, if necessary. 10 CFR 430.27(h); 10 CFR 431.401(e)(4). II. Petition for Waiver On February 22, 2007, Sanyo filed a Petition for Waiver from the test procedures applicable to residential and commercial package air-conditioning and heating equipment and an Application for Interim Waiver. The applicable test procedure for Sanyo's residential ECO-i multi-split products is the DOE residential test procedure found in 10 CFR Part 430, Subpart B, Appendix M. For Sanyo's commercial ECO-i multi-split products, the applicable test procedure is ARI 340/360-2004, because, as discussed in the previous section I above (Background and Authority), this is the test procedure specified in Tables 1 and 2 to 10 CFR 431.96. Sanyo seeks a waiver from the DOE test procedures for this product class on the grounds that its ECO-i multi-split heat pump and heat recovery systems contain design characteristics that prevent testing according to the current DOE test procedures. Specifically, Sanyo asserts that the two primary factors that prevent testing of multi-split variable speed products, regardless of manufacturer, are the same factors stated in the waiver granted to Mitsubishi Electric & Electronics USA, Inc. (Mitsubishi) for a similar line of commercial multi-splits: • Testing laboratories cannot test products with so many indoor units. • There are too many possible combinations of indoor and outdoor units to test. 69 FR 52660, 52661 (August 27, 2004). Further, Sanyo states that its ECO-i product offering is a multi-split system incorporating a diverse amount and configuration of indoor units for connection to a single outdoor unit, and that it is impractical to test the performance of each system under the current DOE test procedure. The number of connectable indoor units for each outdoor unit ranges from 6 to 28. Furthermore, the indoor units are designed to operate at many different external static pressure values, which compounds the difficulty of testing. A testing facility could not manage proper airflow at several different external static pressure values for the many indoor units that would be connected to an ECO-i outdoor unit. Accordingly, Sanyo requests that DOE grant a test procedure waiver for its ECO-i product designs, until a suitable test method can be prescribed. Furthermore, Sanyo states that failure to grant the waiver would result in economic hardship because it would prevent the company from marketing its ECO-i products. Also, Sanyo states that it is willing to work closely with DOE, the Air-Conditioning and Refrigeration Institute (ARI), and other agencies to develop appropriate test procedures, as necessary. III. Application for Interim Waiver On February 22, 2007, in addition to its Petition for Waiver, Sanyo also submitted an Application for Interim Waiver to DOE. Sanyo's Application for Interim Waiver does not provide sufficient information to evaluate the level of economic hardship Sanyo will likely experience if its Application for Interim Waiver is denied. However, in those instances where the likely success of the Petition for Waiver has been demonstrated, based upon DOE having granted a waiver for a similar product design, it is in the public interest to have similar products tested and rated for energy consumption on a comparable basis. DOE has previously granted Interim Waivers to Fujitsu, Samsung, and Daikin for comparable residential and commercial multi-split air conditioners and heat pumps. 70 FR 5980 (Feb. 4, 2005); 70 FR 9629 (Feb. 28, 2005); 72 FR 53237 (Sept. 18, 2007), respectively. Moreover, as noted above, DOE approved the Petition for Waiver from Mitsubishi for its comparable line of commercial multi-split air conditioners and heat pumps. 69 FR 52660 (August 27, 2004). The two principal reasons for granting these waivers also apply to Sanyo's VRV-II-S products:
(1)Test laboratories cannot test products with so many indoor units 1 ; and
(2)it is impractical to test so many combinations of indoor units with each outdoor unit. Thus, DOE has determined that it is likely that Sanyo's Petition for Waiver will be granted for its new ECO-i multi-split models. Therefore, *it is ordered that:* 1 According to the Sanyo petition, up to 28 indoor units are possible candidates for testing of its residential and commercial multi-split air conditioners and heat pumps. However, DOE believes that the practical limits for testing would be about five units. The Application for Interim Waiver filed by Sanyo is hereby granted for Sanyo's ECO-i multi-split central air conditioners and central air-conditioning heat pumps, subject to the specifications and conditions below. The Interim Waiver applies to the following models: 1. Sanyo shall not be required to test or rate its ECO-i residential products on the basis of the currently applicable test procedure, which is set forth in 10 CFR 430, Subpart B, Appendix M. Sanyo shall not be required to test or rate its ECO-i commercial products on the basis of the currently applicable test procedure, which is set forth in ARI Standard 340/360-2004. 2. Sanyo shall be required to test and rate its ECO-i products according to the alternate test procedure as set forth below in section IV(3), “Alternate test procedure.” *Outdoor units:* ECO-i Outdoor Model Identification Model # Nominal Capacity Cooling Heating Type Phase Voltage Connectable Indoor Units CHX3652 38,200 42,700 Heat Pump 1 208-230 6 CHX06052 52,900 60,000 Heat Pump 1 208-230 9 CHDX09053 95,500 107,500 Heat Pump 3 208-230 16 CHDZ09053 95,500 107,500 Heat Recovery (Simultaneous heating/cooling) 3 208-230 16 CHDX14053 153,600 170,600 Heat Pump 3 208-230 28 CHDZ14053 153,600 170,600 Heat Recovery (Simultaneous heating/cooling) 3 208-230 28 *Indoor units:* • AHX**52 Series; Ceiling Cassette, 1 Way Air Discharge, 7,500/9,600/12,000 BTU/hr nominal capacities. • DHX**52 Series; Concealed Ducted, Medium External Static, 36,000/47,800 BTU/hr nominal capacities. • FHX**52 Series; Exposed Floor Standing, 7,500/9,600/12,000/19,000/25,000 BTU/hr nominal capacities. • FMHX**52 Series; Concealed Floor Standing, 7,500/9,600/12,000/19,000/25,000 BTU/hr nominal capacities. • KHX**52 Series; Wall Mounted, 7,500/9,600/12,000/19,000/25,000 BTU/hr nominal capacities. • LHX**52 Series; Ceiling Mount Slim Design 1 Way Air Discharge, 12,000/19,000/25,000 BTU/hr nominal capacities. • SHX**52 Series; Ceiling Cassette, 2 Way Air Discharge, 7,500/9,600/12,000/19,000/25,000/36,000/47,800 BTU/hr nominal capacities. • THX**52 Series; Ceiling Suspended, 12,000/19,000/25,000 BTU/hr nominal capacities. • UHX**52 Series; Concealed Ducted, Low External Static, 7,500/9,600/12,000/19,000/25,000/36,000 BTU/hr nominal capacities. • UMHX**52 Series; Concealed Slim Ducted, Low External Static, 7,500/9,600/12,000/19,000/25,000 BTU/hr nominal capacities. • XHX**52 Series; Ceiling Cassette, 4 Way Air Discharge, 12,000/19,000/25,000/36,000 BTU/hr nominal capacities. • XMHX**52 Series, Mini Ceiling Cassette, 4 Way Air Discharge, 7,500/9,600/12,000/19,000/25,000 BTU/hr nominal capacities. This Interim Waiver is conditioned upon the presumed validity of statements, representations, and documentary materials provided by the petitioner. DOE may revoke or modify this Interim Waiver at any time upon a determination that the factual basis underlying the Petition for Waiver is incorrect, or upon a determination that the results from the alternate test procedure are unrepresentative of the basic models' true energy consumption characteristics. IV. Alternate Test Procedure In response to two recent Petitions for Waiver from Mitsubishi, DOE specified an alternate test procedure to provide a basis from which Mitsubishi could test and make valid energy efficiency representations for its R410A CITY MULTI products, as well as for its R22 multi-split products. The Mitsubishi petitions, including the alternate test procedure, were published in the **Federal Register** on April 9, 2007. 72 FR 17528, 17532. For similar reasons, DOE believes that alternate test procedures are necessary here. In general, DOE understands that existing testing facilities have a limited ability to test multiple indoor units at one time, and the number of possible combinations of indoor and outdoor units for some variable refrigerant flow zoned systems is impractical to test. We further note that subsequent to the waiver that DOE granted for Mitsubishi's R22 multi-split products, ARI formed a committee to discuss the issue and to work on developing an appropriate testing protocol for variable refrigerant flow systems. However, to date, no additional test methodologies have been adopted by the committee or submitted to DOE. Therefore, as discussed below, DOE is including an alternate test procedure as a condition in granting the Interim Waiver for Sanyo's products, and plans to consider the same alternate test procedure in the context of the subsequent Decision and Order pertaining to Sanyo's Petition for Waiver. Utilization of this alternate test procedure will allow Sanyo to test and make energy efficiency representations for its ECO-i products. More broadly, DOE has also applied a similar alternate test procedure to other existing waivers for similar residential and commercial central air conditioners and heat pumps. Such cases include Samsung's Decision and Order for its multi-split products at 72 FR 71387 (Dec. 17, 2007), and Fujitsu's Decision and Order for its multi-split products at 72 FR 71383 (Dec. 17, 2007). As noted above, the alternate test procedure has been applied to Mitsubishi's Petition for Waiver for its R410A CITY MULTI and R22 multi-split products. 72 FR 17528 (April 9, 2007). DOE believes that an alternate test procedure is needed so that manufacturers of such products can make valid and consistent representations of energy efficiency for their air-conditioning products. In the present case, DOE is modifying the alternate test procedure taken from the above-referenced waiver granted to Mitsubishi for its R410A CITY MULTI products, and plans to consider inclusion of the following similar waiver language in the Decision and Order for Sanyo's ECO-i multi-split air conditioner and heat pump models:
(1)The “Petition for Waiver” filed by Sanyo Fisher Company (Sanyo) is hereby granted as set forth in the paragraphs below.
(2)Sanyo shall not be required to test or rate its ECO-i variable refrigerant volume multi-split air conditioner and heat pump products listed above in section III, on the basis of the current test procedures, but shall be required to test and rate such products according to the alternate test procedure as set forth in paragraph (3).
(3)*Alternate test procedure* .
(A)Sanyo shall be required to test the products listed in section III above according to the test procedures for central air conditioners and heat pumps prescribed by DOE at 10 CFR Parts 430 and 431, except that:
(i)For products covered by 10 CFR Part 430 (consumer products), Sanyo shall not be required to comply with:
(1)The first sentence in 10 CFR 430.24(m)(2), which refers to “that combination manufactured by the condensing unit manufacturer likely to have the largest volume of retail sales”; and
(2)the third sentence in 10 CFR 430(m)(2), including the provisions of 10 CFR 430(m)(2)(i) and (ii). Instead of testing the combinations likely to have the highest volume of retail sales, Sanyo may test a “tested combination” selected in accordance with the provisions of subparagraph
(B)of this paragraph. Additionally, instead of following the provisions of 10 CFR 430(m)(2)(i) and
(ii)for every other system combination using the same outdoor unit as the tested combination, Sanyo shall make representations concerning the ECO-i products covered in this waiver according to the provisions of subparagraph
(C)below.
(ii)For products covered by 10 CFR Part 430 (consumer products), Sanyo shall be required to comply with 10 CFR Part 430, Subpart B, Appendix M, as amended by the final rule published in the **Federal Register** on October 22, 2007. 72 FR 59906. The test procedure changes applicable to multi-split products are in sections: 2.1, 2.2.3, 2.4.1, 3.2.4 (including Table 6), 3.6.4 (including Table 12), 4.1.4.2, and 4.2.4.2.
(iii)For products covered by 10 CFR Part 431 (commercial products), Sanyo shall test a “tested combination” selected in accordance with the provisions of subparagraph
(B)of this paragraph. For every other system combination using the same outdoor unit as the tested combination, Sanyo shall make representations concerning the ECO-i products covered in this waiver according to the provisions of subparagraph
(C)below.
(B)*Tested combination* means a multi-split system with multiple indoor coils having the following features:
(1)The basic model of a system used as a tested combination shall consist of one outdoor unit, with one or more compressors, that is matched with between 2 and 5 indoor units; for multi-split systems, each of these indoor units shall be designed for individual operation.
(2)The indoor units shall—
(i)Represent the highest sales model family, or another indoor model family if the highest sales model family does not provide sufficient capacity (see ii);
(ii)Together, have a nominal capacity that is between 95% and 105% of the nominal capacity of the outdoor unit;
(iii)Not, individually, have a capacity that is greater than 50% of the nominal capacity of the outdoor unit;
(iv)Operate at fan speeds that are consistent with the manufacturer's specifications; and
(v)All be subject to the same minimum external static pressure requirement while being configurable to produce the same static pressure at the exit of each outlet plenum when manifolded as per section 2.4.1 of 10 CFR Part 430, Subpart B, Appendix M.
(C)*Representations* . In making representations about the energy efficiency of its ECO-i variable refrigerant volume multi-split air conditioner and heat pump products, for compliance, marketing, or other purposes, Sanyo must fairly disclose the results of testing under the DOE test procedure, doing so in a manner consistent with the provisions outlined below:
(i)For ECO-i multi-split combinations tested in accordance with this alternate test procedure, Sanyo must disclose these test results.
(ii)For ECO-i multi-split combinations that are not tested, Sanyo must make a disclosure based on the testing results for the tested combination and which are consistent with either of the two following methods, except that only method
(a)may be used, if available:
(a)Representation of non-tested combinations according to an Alternative Rating Method
(ARM)approved by DOE; or
(b)Representation of non-tested combinations at the same energy efficiency level as the tested combination with the same outdoor unit. V. Summary and Request for Comments Through today's notice, DOE announces receipt of Sanyo's Petition for Waiver from the test procedures applicable to Sanyo's ECO-i residential and commercial multi-split air conditioner and heat pump products, and for the reasons articulated above, DOE is granting Sanyo an Interim Waiver from those procedures. As part of this notice, DOE is publishing Sanyo's Petition for Waiver in its entirety. The petition contains no confidential information. Furthermore, today's notice includes an alternate test procedure that Sanyo is required to follow as a condition of its Interim Waiver and which DOE is considering including in its subsequent Decision and Order. In this alternate test procedure, DOE is defining a “tested combination” which Sanyo could use in lieu of testing all retail combinations of its ECO-i multi-split air conditioner and heat pump products. Furthermore, should a subsequent manufacturer be unable to test all retail combinations, DOE is considering allowing such manufacturers to rate waived products according to an ARM approved by DOE, or to rate waived products in the same manner as that for the specified tested combination. DOE has applied a similar alternate test procedure to other comparable Petitions for Waiver for residential and commercial central air conditioners and heat pumps. Such cases include Samsung's Petition for Waiver for its Digital Variable Multi
(DVM)products at 72 FR 71387 (Dec. 17, 2007), and Fujitsu's Petition for Waiver for its Airstage variable refrigerant flow products at 72 FR 71383 (Dec. 17, 2007). DOE is interested in receiving comments on the issues addressed in this notice. Pursuant to 10 CFR 430.27(d) and 10 CFR 431.401(d), any person submitting written comments must also send a copy of such comments to the petitioner, whose contact information is included in the ADDRESSES section above. Issued in Washington, DC, on December 20, 2007. Alexander A. Karsner, Assistant Secretary, Energy Efficiency and Renewable Energy. February 22, 2007 The Honorable Alexander Karsner, Assistant Secretary for Energy Efficiency and Renewable Energy, U.S. Department of Energy, 1000 Independence Ave., SW., Washington, DC 20585-0121. Re: Petition for Waiver of Test Procedure and Application for Interim Waiver for ECO-I Air Source Heat Pumps and Heat Recovery Products. Dear Assistant Secretary Karsner, Sanyo Fisher Company (“SFC”) is most excited with the opportunity to introduce to the United States HVAC market one of our most successful products marketed throughout much of the world. We refer to this as our ECO-i product line. ECO-i incorporates Variable Refrigerant Flow
(VRF)and Multi-Split Zoning characteristics with a highly advanced integrated control system. We utilize variable speed compressor technology to provide high efficiency operation and individual zone control for each indoor unit. As a result of this product line's unique design and operating characteristics, it is currently not possible to conduct testing as defined by ARI Standard 210/240 or ARI Standard 340/360. Therefore, SFC respectfully submits this Petition for Waiver from Test Procedure and simultaneously an Application for Interim Waiver of Test Procedure for our ECO-i product line in accordance with the requirements set forth in 10 CFR 431.401 (1-1-06 Edition). Section 1—Background SFC's ECO-i product contains characteristics that prevent testing of the system using the procedures outlined in ARI 210/240 as well as ARI 340/360. Simply stated, testing laboratories cannot test products with so many indoor units connected to a single outdoor unit. There are also too many possible indoor unit combinations to test them all. As a result of these issues, SFC seeks a waiver from test procedures until such time as a permanent or interim method of testing and rating VRF Multi-Split products is adopted. The Department of Energy
(DOE)has previously granted waivers and/or interim waivers to other manufacturers of equipment that contain the same basic design characteristics as that of SFC's ECO-i product line. Table 1 as shown below provides such detail and verification related to current and previous waiver requests for similar product. Table 1.—Waiver Status Manufacturer Petition Interim Product Mitsubishi Granted 8/2004 R-22 Air Source Heat Pump. Mitsubishi Granted 3/2006 R-410a City Multi Air Source. Mitsubishi Pending Pending R-410a City Multi Water Source. Samsung Granted Early 2005 R-22 DVM Air Source. Fujitsu General Granted Jan 5, 2006 AirStage Air Source. Section 2—Basic Model Identification ECO-i air source multi-split VRF products are planned for introduction to the United States market during the first quarter of 2007. As shown below, Table 2 provides a listing of ECO-i outdoor units incorporating inverter driven variable speed compressors. A listing of ECO-i heat pump indoor units applicable to this Petition for Waiver and Application for Interim Waiver is provided after Table 2 in the section shown as “ECO-i Indoor Model Identification”. Table 2.—ECO-I Outdoor Model Identification Model No. Nominal capacity Cooling Heating Type Phase Voltage Connectable indoor units CHX03652 38,200 42,700 Heat Pump 1 208-230 6 CHX06052 52,900 60,000 Heat Pump 1 208-230 9 CHDX09053 95,500 107,500 Heat Pump 3 208-230 16 CHDZ09053 95,500 107,500 Heat Recovery (Simultaneous heating/cooling) 3 208-230 16 CHDX14053 153,600 170,600 Heat Pump 3 208-230 28 CHDZ14053 153,600 170,600 Heat Recovery (Simultaneous heating/cooling) 3 208-230 28 ECO-i Indoor Model Identification All indoor units are specifically designed for use with Sanyo's ECO-i Variable Refrigerant Flow outdoor units. Indoor units are available in capacities ranging from 7,500 BTU/hr to 54,600 BTU/hr, with even more capacities to be introduced in the future. All indoor units operate on a 208-230 volt single phase power supply and the proprietary control system of Sanyo. The specific family and capacity range of indoor units is as follows: • AHX**52 Series; Ceiling Cassette, 1 Way Air Discharge, 7,500/9,600/12,000 BTU/hr nominal capacities. • DHX**52 Series; Concealed Ducted, Medium External Static, 36,000/47,800 BTU/hr nominal capacities. • FHX**52 Series; Exposed Floor Standing, 7,500/9,600/12,000/19,000/25,000 BTU/hr nominal capacities. • FMHX**52 Series; Concealed Floor Standing, 7,500/9,600/12,000/19,000/25,000 BTU/hr nominal capacities. • KHX**52 Series; Wall Mounted, 7,500/9,600/12,000/19,000/25,000 BTU/hr nominal capacities. • LHX**52 Series; Ceiling Mount Slim Design 1 Way Air Discharge, 12,000/19,000/25,000 BTU/hr nominal capacities. • SHX**52 Series; Ceiling Cassette, 2 Way Air Discharge, 7,500/9,600/12,000/19,000/25,000/36,000/47,800 BTU/hr nominal capacities. • THX**52 Series; Ceiling Suspended, 12,000/19,000/25,000 BTU/hr nominal capacities. • UHX**52 Series; Concealed Ducted, Low External Static, 7,500/9,600/12,000/19,000/25,000/36,000 BTU/hr nominal capacities. • UMHX**52 Series; Concealed Slim Ducted, Low External Static, 7,500/9,600/12,000/19,000/25,000 BTU/hr nominal capacities. • XHX**52 Series; Ceiling Cassette, 4 Way Air Discharge, 12,000/19,000/25,000/36,000 BTU/hr nominal capacities. • XMHX**52 Series; Mini Ceiling Cassette, 4 Way Air Discharge, 7,500/9,600/12,000/19,000/25,000 BTU/hr nominal capacities. Section 3—Design Characteristics Constituting the Grounds for Petition ECO-i VRF products enable the connection of multiple indoor units to a single outdoor unit. The outdoor unit is capable of part load operation by varying refrigerant flow through the use of inverter driven variable speed compressor technology. This results in the outdoor units operating capacity closely matching the actual indoor load. The ECO-i product line is designed to optimize overall system performance and efficiency when operating at part load which significantly decreases energy usage. Each indoor unit of the ECO-i system may have an individual remote controller that allows the occupant to adjust their temperature independently of the set temperature of other indoor units connected to the same outdoor unit. Some of the indoor units may be set to the “off” mode which increases energy savings even further when heating or cooling is not required. The variable speed compressor is capable of reducing its capacity to approximately 7,000 BTU/hr. When this variable speed compressor is coupled with another high performance single speed compressor(s) of similar size in the same outdoor unit a truly remarkable minimum capacity of as little as 7% of the rated system capacity could be achieved resulting in significant energy savings when only a small amount of heating or cooling is required. Multi-split VRF technology that is incorporated in the ECO-i system allows up to 130% of indoor unit capacity to the rated capacity of the outdoor unit. VRF technology allows this mis-match of indoor to outdoor capacity to save energy while still meeting the HVAC requirements of the building. ECO-i series “CHDZ” outdoor units go one step further by allowing the consumer to operate both heating and cooling simultaneously. In the simultaneous mode, heat is actually being removed from the “cooling zones” and deposited in the “heating zones” via the system's heat recovery ability. Although there is no approved or existing DOE, ARI or ASHRAE method to recognize the systems performance during simultaneous operation, it is certainly reasonable to believe that system efficiency is increased. This increase in efficiency occurs because some indoor units within the building are acting as condensers while other indoor units are acting as evaporators at the same time. This means that heat is transferred within the building rather than being wasted to the outdoor environment. Multi-split VRF technology will help our nation to reduce the amount of energy needed to heat and cool our buildings. Sanyo is pleased to introduce this technology to not only improve the control that the end user has over their environment but also to help with our nation's desire to reduce overall energy usage. Section 4—Specific Requirements Sought to be Waived Sanyo Petitions Waiver from the Test Procedures for all ECO-i Series outdoor units along with their matching indoor units. Due to the wide capacity ratings available for the ECO-i outdoor units, a waiver is sought from the testing procedures outlined in ARI 210/240 and ARI 340/360 as identified below: • For Sanyo outdoor units with model numbers of CHX03652 and CHX06052 (and all listed indoor units) we seek Waiver from Test Procedures as outlined in ARI Standard 210/240-2006 (Performance Rating of Unitary Air Conditioning and Air Source Heat Pump Equipment). This rating and testing standard applies to unitary air conditioners and unitary air source heat pumps rated with capacities below 65,000 BTU/hr. • For Sanyo outdoor units with model numbers of CHDX09053, CHDZ09053, CHDX14053 and CHDZ14053 we seek Waiver from Test Procedures as outlined in ARI Standard 340/360-2004 (Performance Rating of Commercial and Industrial Unitary Air Conditioning and Heat Pump Equipment). This rating and testing standard applies to unitary air conditioners and heat pumps with capacities ranging from 65,000 to 250,000 BTU/hr. Regardless of the capacity of ECO-i products the basic performance, application and utility of the equipment remain virtually identical in that they all utilize VRF multi-split technology. All ECO-i products utilize the same indoor units, the same piping and wiring configurations and the same control systems regardless of capacity. The above referenced testing and rating standards do not address the details required to select or configure multi-split systems in a testing facility. SFC takes this opportunity to also request an Interim Waiver from Test Procedure for all referenced products. Section 5—Identity of Manufacturers of Similar Basic Models To the best of our knowledge the following manufacturers either currently market or previously marketed, similar VRF products within the United States. • Daikin U.S. Corporation • Fujitsu General America • LG Electronics U.S.A., Inc. • Mitsubishi Electric & Electronics USA, Inc. • Samsung Electronics Company, Ltd. Section 6—Alternate Testing Procedures There is no alternative testing and rating procedures for VRF multi-split products that SFC is aware of which could adequately represent the performance or efficiency of this product. Our company is an active member of the ARI Ductless Section Engineering Committee. This committee is developing a proposed testing and rating standard for VRF multi-split products (ARI Standard 1230) with a goal to eliminate the need for existing and future waivers for such product. Section 7—Need for Waiver from Test Procedure In previous waiver petitions DOE noted that VRF multi-split systems incorporate design characteristics that virtually eliminate the possibility of broad testing of this type of technology. An example of this is provided in **Federal Register** /Vol. 69, No. 166/Friday, August 27, 2004/Notices, page 52662 which contain the following statements: ``However, the two testing problems discussed above, (test laboratories cannot test products with so many indoor units, and there are too many possible combinations of indoor and outdoor units to test), do prevent testing of the basic model according to the prescribed test procedures.” “The Department also consulted with the National Institute of Standards & Technology (NIST), who agreed that many VFRZ systems could not be tested in the laboratory.” SFC's ECO-i product offering is a multi-split system incorporating such a diverse amount and configuration of possible indoor units that are able to be connected to a single outdoor unit that it is virtually impossible to test the performance of this system. Compounding the difficulty of testing is the fact that the indoor units are designed to operate at so many different external static pressure values. A testing facility could not manage proper airflow at several different external state pressure values to the many indoor units that would be connected to an ECO-i outdoor unit. The challenges associated with current test procedures (of ARI 210/240 and ARI 340/360) are being addressed by the ARI Ductless Section Engineering Committee in hopes of overcoming such difficulties while still providing a means to compare the performance of the various VRF manufacturers. Section 8—Application for Interim Waiver In accordance with 10 CFR 431.401 (a)(2) SFC takes this opportunity to also submit an Application for Interim Waiver of test procedures for our ECO-i models listed in Section 2 of this document and there matching indoor units. SFC believes that it is likely that our Petition for Waiver will be granted based upon, but not limited to, the following: • The approvals of similar waiver requests as identified in Table 1 of Section 1 of this document. • Failure to approve our Petition for Waiver and Application for Interim Waiver will result in significant economic hardship due to the following: ○ It is our intention to introduce our ECO-i product in the Spring of 2007. A great deal of company emphasis has been, and will be, placed on the introduction of this product, including show exhibitions (such as AHR, ACCA, etc.), marketing/advertising campaign, customer training and other expenditures of both financial and human resources. Delaying our entry into the U.S. market with the ECO-i product will impede our ability to compete in this growing market. ○ A significant portion of our projected sales revenues are dependent upon the timely introduction of this product. • DOE's statement: “* * * an interim waiver will be granted if it is determined that the applicant will experience economic hardship if the Application for Interim Waiver is denied, if it appears likely that the Petition for Waiver will be granted, and/or the Assistance Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination for the Petition for Waiver” (Case CAC-009), 70 Fed Reg 9629, at 9630 (Feb 28, 2005 Samsung Interim Waiver). See 10 CFR 431.201(e)(3)(2005). • SFC's ECO-i product line is quite similar to that of Fujitsu's VRF system, Mitsubishi's City Multi system and Samsung's DVM system. Realizing these similarities, DOE granted an: ○ Interim waiver to Fujitsu in January 2006 for their AirStage Air Source product. ○ Interim waiver to Samsung Air Conditioning in 2005 for their DVM System. ○ Interim waiver to Mitsubishi for their R-410a City Multi air source product in March 2006. ○ Petition for Waiver to Mitsubishi for their R-22 City Multi air source product in 2004. • The approval of this waiver and interim waiver is in the best interest of our public/and government initiatives to reduce national energy usage. It is therefore reasonable for one to believe that SFC's petition will also be granted. Section 9—Conclusion It is clear that without the approval of this Petition for Waiver and Application for Interim Waiver that SFC will result in our inability to compete in the United States VRF market, a market in which our company has proven success in many other countries throughout the world. We are pleased to have an opportunity to bring this leading edge technology to the United States market, to not only improve the comfort of Americans, but also to reduce the amount of energy consumed on building cooling and heating. SFC respectfully requests the Department of Energy to grant our Application for Interim Waiver and our Petition for Waiver from Test Procedure to enable our introduction of our advanced ECO-i products to the U.S. market. Granting these requested waivers will permit us to effectively compete in the marketplace. Due to our near term introduction of our ECO-i product offering we would greatly appreciate a timely response to this Petition for Waiver from Test Procedure and Application for Interim Waiver. Should you or any parties have questions related to this Petition for Waiver from Test Procedure and Application for Interim Waiver, please contact Gary Nettinger at 678-384-3115 or Davis Watkins at 678-384-3112. Sincerely, Davis Watkins, Vice President; Applied Products Group, Sanyo Fisher Company, 1690 Roberts Blvd., NW., Suite 110, Kennesaw, GA 30144. [FR Doc. E7-25453 Filed 12-31-07; 8:45 am] BILLING CODE 6450-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2002-0262; FRL-8347-2] Endosulfan Updated Risk Assessments; Notice of Availability, and Solicitation of Usage Information; Extension of Comment Period AGENCY: Environmental Protection Agency (EPA). ACTION: Notice; extension of comment period. SUMMARY: EPA issued a notice in the **Federal Register** of November 16, 2007 concerning the availability of EPA's updated human health and ecological effects risk assessments for the organochlorine pesticide endosulfan, based in part on data recently submitted by endosulfan registrants as required in the 2002 Reregistration Eligibility Decision (RED). The Agency is seeking comment on these updated assessments, as well as EPA's analysis of endosulfan usage information since the 2002 RED and its preliminary determinations regarding endosulfan's importance to growers and availability of alternatives. This document is extending the comment period from January 16, 2008, to February 19, 2008. DATES: Comments, identified by docket identification
(ID)number EPA-HQ-OPP-2002-0262 must be received on or before February 19, 2008. ADDRESSES: Follow the detailed instructions as provided under ADDRESSES in the **Federal Register** document of November 16, 2007. FOR FURTHER INFORMATION CONTACT: Tracy L. Perry, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)308-0128; e-mail address: *perry.tracy@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? The Agency included in the notice a list of those who may be potentially affected by this action. If you have questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? When preparing comments follow the procedures and suggestions given in Unit I.B. of the SUPPLEMENTARY INFORMATION of the November 16, 2007 **Federal Register** document. C. How and to Whom Do I Submit Comments? To submit comments, or access the public docket, please follow the detailed instructions as provided in Unit I.B. of the SUPPLEMENTARY INFORMATION of the November 16, 2007 **Federal Register** document. If you have questions, consult the person listed under FOR FURTHER INFORMATION CONTACT . II. What Action is EPA Taking? This document extends the public comment period established in the **Federal Register** of November 16, 2007 (72 FR 64624) (FRL-8339-5). In that document, EPA announced the availability of updated risk assessments and usage information, and opened a 60-day public comment period. EPA is hereby extending the comment period, which was set to end on January 16, 2008, to February 19, 2008. III. What is the Agency's Authority for Taking this Action? Section 4(g)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, directs that, after submission of all data concerning a pesticide active ingredient, the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration. Further provisions are made to allow a public comment period. However, the Administrator may extend the comment period if additional time for comment is requested. In this case, the Endosulfan Task Force and a coalition of stakeholders (American Farm Bureau Federation, Arizona Cotton Growers Association, California Cotton Growers Association, California Cotton Ginners Association, California Farm Bureau Federation, California Grape and Tree Fruit League, California Pear Advisory Board, California Specialty Crops Council, Florida Farm Bureau Federation, Michigan Blueberry Growers Association, National Cotton Council, Northwest Horticultural Council, Ohio Farm Bureau Federation, Texas Cotton Ginners' Association, Texas Vegetable Association, U.S. Apple Association) have requested additional time to develop comments. The Agency believes that additional time is warranted. List of Subjects Environmental protection, Pesticides and pests. Dated: December 20, 2007. Steven Bradbury, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E7-25277 Filed 12-31-07; 8:45 am] BILLING CODE 6560-50-S FEDERAL COMMUNICATIONS COMMISSION [Report No. 2844] Petition for Reconsideration of Action in Rulemaking Proceeding December 20, 2007. A Petition for Reconsideration has been filed in the Commission's Rulemaking proceeding listed in this Public Notice and published pursuant to 47 CFR 1.429(e). The full text of this document is available for viewing and copying in Room CY-B402, 445 12th Street, SW., Washington, DC or may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc.
(BCPI)(1-800-378-3160). Oppositions to this petition must be filed by January 17, 2008. See section 1.4(b)(1) of the Commission's rules (47 CFR 1.4(b)(1)). Replies to an opposition must be filed within 10 days after the time for filing oppositions has expired. *Subject:* In the Matter of Amendment of Parts 1 and 63 of the Commission's Rules (IB Docket No. 04-47). *Number of Petitions Filed:* 1. Marlene H. Dortch, Secretary. [FR Doc. E7-25531 Filed 12-31-07; 8:45 am] BILLING CODE 6712-01-P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency FEDERAL DEPOSIT INSURANCE CORPORATION Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCIES: Office of the Comptroller of the Currency (OCC), Treasury; and Federal Deposit Insurance Corporation (FDIC). ACTION: Joint notice and request for comments. SUMMARY: The OCC and FDIC (Agencies), as part of their continuing effort to reduce paperwork and respondent burden, invite the public and other Federal agencies to comment on proposed revisions to a continuing information collection, as required by the Paperwork Reduction Act of 1995. The Agencies may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget
(OMB)control number. The Agencies are soliciting comments on proposed revisions to the information collections titled: “Interagency Bank Merger Act Application.” The General Information and Instructions section has been revised to delete information about the Bank Insurance Fund (BIF), the Savings Association Insurance Fund (SAIF), and the Oakar statutory provisions. In addition, corresponding legal citations on the form to these provisions are being deleted. The Agencies also solicit comment on the renewal without change to the information collections titled: “Interagency Biographical and Financial Report” and “Interagency Notice of Change in Control.” The OCC solicits comment on the renewal without change to its “Interagency Notice of Change in Directors or Senior Executive Officers” information collection. Additionally, the OCC is making other clarifying changes to the Comptroller's Licensing Manual (Manual). The Agencies are also giving notice that the information collection has been submitted to OMB for review. DATES: You should submit written comments by February 1, 2008. ADDRESSES: Interested parties are invited to submit comments to any or all of the Agencies and the OMB Desk Officer. All comments, which should refer to the OMB control number, will be shared among the Agencies: OCC Communications Division, Office of the Comptroller of the Currency, Public Information Room, Mail Stop 1-5, Attention: 1557-0014, 250 E Street, SW., Washington, DC 20219. In addition, comments may be sent by fax to
(202)874-4448, or by electronic mail to *regs.comments@occ.treas.gov* . You may personally inspect and photocopy comments at the OCC's Public Information Room, 250 E Street, SW., Washington, DC. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling
(202)874-5043. Upon arrival, visitors will be required to present valid government-issued photo identification and submit to security screening in order to inspect and photocopy comments. FDIC Valerie Best, Supervisory Counsel,
(202)898-3812, Legal Division, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429. All comments should refer to “Interagency Bank Merger Act Application,” the “Interagency Biographical and Financial Report,” or the “Interagency Notice of Change in Control,” as appropriate. Comments may be hand-delivered to the guard station at the rear of the 17th Street Building (located on F Street), on business days between 7 a.m. and 5 p.m. [E-mail address: *comments@fdic.gov* ]. All comments received will be posted without change to *http://www.fdic.gov/regulations/laws/federal/notices.html* including any personal information provided. Comments may be inspected and photocopied in the FDIC Public Information Center, Room E-1002, 3501 Fairfax Drive, Arlington, VA 22226, between 9 a.m. and 4:30 p.m. on business days. Additionally, commenters may send a copy of their comments to the OMB Desk Officer for the Agencies by mail to the Office of Information and Regulatory Affairs, U.S. Office of Management and Budget, New Executive Office Building, Room 10235, 725 17th Street, NW., Washington, DC 20503, or by fax to
(202)395-6974. FOR FURTHER INFORMATION CONTACT: You may request additional information from: OCC Mary Gottlieb, OCC Clearance Officer, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. For subject matter information, you may contact Yoo Jin Na at
(202)874-4604, Licensing Activities, Licensing Department, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. FDIC Valerie Best, Supervisory Counsel,
(202)898-3812, Legal Division, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429. SUPPLEMENTARY INFORMATION: Proposal to extend for three years, with revision, the following currently approved collections of information: *OCC's Information Collection Title* : Comptroller's Licensing Manual (Manual). The specific portions of the Manual covered by this notice are those that pertain to the “Business Combinations,” “Branches and Relocations,” “Capital and Dividends,” “Charters,” “Change in Bank Control,” “Comments to Other Agencies,” “General Policies and Procedures,” “Investment in Bank Premises,” “Investment in Subsidiaries and Equities,” “Management Interlocks,” and “Public Notice and Comments” booklets of the Manual and various portions to which the OCC is making technical and clarifying changes. *All Agencies' Report Title and FDIC's Information Collection Title* : Interagency Bank Merger Act Application. *All Agencies' Report Titles and FDIC's Information Collection Title* : Interagency Biographical and Financial Report and Interagency Notice of Change in Control. *OCC Report Title* : Interagency Notice of Change in Directors or Senior Executive Officers. *OMB Numbers:* OCC: 1557-0014. FDIC: Interagency Bank Merger Act Application, 3064-0015; Interagency Biographical and Financial Report, 3064-0006; Interagency Notice of Change in Control, 3064-0019. *Form Numbers:* OCC: None. FDIC: Interagency Bank Merger Act Application, 6220/01 and 6220/07; Interagency Notice of Change in Control, Form 6822/01; Interagency Biographical and Financial Report, Form 6200/06. *Affected Public:* Individuals or households; Businesses or other for-profit. *Type of Review:* Revision or renewal of currently approved collections. *Estimated Number of Respondents:* OCC: Interagency Bank Merger Act Application—152; Interagency Biographical and Financial Report—450; Interagency Notice of Change in Directors or Senior Executive Officers—150; Interagency Notice of Change in Control—13. FDIC: Interagency Bank Merger Act Application—275; Interagency Biographical and Financial Report—1,769; Interagency Notice of Change in Control—27. *Frequency of Response:* On occasion. *Estimated Annual Burden Hours per Response:* OCC: Interagency Bank Merger Act Application—23.5; Interagency Biographical and Financial Report—4; Interagency Notice of Change in Directors or Senior Executive Officers—2; Interagency Notice of Change in Control—30. FDIC: Interagency Bank Merger Act Application—23.5; Interagency Biographical and Financial Report—4; Interagency Notice of Change in Control—30. *Estimated Total Annual Burden Hours:* OCC: Interagency Bank Merger Act Application—3,572; Interagency Biographical and Financial Report—1,800; Interagency Notice of Change in Directors or Senior Executive Officers—300; Interagency Notice of Change in Control—510. Total: 6,182 burden hours. FDIC: Interagency Bank Merger Act Application—6,463; Interagency Biographical and Financial Report—7,076; Interagency Notice of Change in Control—810. Total: 14,349 burden hours. General Description of Report These information collections are mandatory. Interagency Bank Merger Act Application: 12 U.S.C. 1828(c), 1815(a), 12 U.S.C. 215, 215a-c. Interagency Biographical and Financial Report: 12 U.S.C. 1814, 1816, 1817(j), 2903, and 4804. Interagency Notice of Change in Directors or Senior Executive Officers: 12 U.S.C. 1831i; Interagency Notice of Change in Control: 12 U.S.C. 1817(j) and 4804. The notices and reporting form are treated as public documents. The organizations and individuals that use the forms may request that all or a portion of the submitted information be kept confidential. In such cases, the burden is on the filer to justify the exemption by demonstrating that disclosure would cause “substantial competitive harm” or result in “an unwarranted invasion of personal privacy” or would otherwise qualify for an exemption under the Freedom of Information Act (5 U.S.C. 552). The confidentiality status of the information submitted will be judged on a case-by-case basis. Abstract The OCC, FDIC, Office of Thrift Supervision (OTS), and the Board of Governors of the Federal Reserve System (Board) each use the Interagency Bank Merger Act Application form to collect information for bank merger proposals that require prior approval under the Bank Merger Act. Prior approval is required for every merger transaction involving affiliated or nonaffiliated institutions and must be sought from the regulatory agency of the depository institution that would survive the proposed transaction. A merger transaction may include a merger, consolidation, assumption of deposit liabilities, or certain asset-transfers between or among two or more institutions. The information collected by the remaining notifications and forms assist the regulatory agency in fulfilling their statutory responsibilities as supervisors. The regulatory agency uses the information to evaluate the controlling owners, senior officers, and directors of the insured depository institutions subject to their oversight. Current Actions This submission covers a revision to the Agencies' Interagency Bank Merger Act Application. The General Information and Instructions section of the application would be revised based on the passage of the Federal Deposit Insurance Reform Act of 2005, enacted on February 8, 2006. Provisions of the legislation directed the FDIC to merge the Bank Insurance Fund and the Savings Association Insurance Fund to form the new Deposit Insurance Fund, which subsequently merged on March 31, 2006. The formation of the single insurance fund eliminated the need for two types of insurance-related applications that existed to allow certain depository institutions to convert their coverage from one insurance fund to another. Accordingly, references in the Instructions to the previously required applications have been deleted. Also, the legal citations on page 1 of the application form, that correspond to the previously required application have been deleted (previously 12 U.S.C. 1815(d)(2), 1815(d)(3)). There are no other proposed changes to this information collection. Additionally, each of the Agencies proposes to renew two other forms, Interagency Biographical and Financial Report and the Interagency Notice of Change in Control, with no changes. The OCC proposes to renew, with no changes, one additional form, the Interagency Notice of Change in Directors or Senior Executive Officers. The Agencies need the information from these forms to ensure that the proposed transactions are permissible under law and regulation and are consistent with safe and sound banking practices. The Board published a separate **Federal Register** notice (72 FR 39428 (July 18, 2007)) and the OTS plans to publish a notice requesting public comment on these revisions. Comments The Agencies issued a 60-day notice seeking comment on the collection on August 8, 2007 (72 FR 44220). No comments were received. Written comments continue to be invited on: a. Whether the information collection is necessary for the proper performance of the Agencies' functions, including whether the information has practical utility; b. The accuracy of the Agencies' estimates of the burden of the information collection, including the validity of the methodology and assumptions used; c. Ways to enhance the quality, utility, and clarity of the information to be collected; d. Ways to minimize the burden of information collection on respondents, including through the use of automated collection techniques or other forms of information technology; and e. Estimates of capital or start up costs and costs of operation, maintenance, and purchase of services to provide information. Dated: December 14, 2007. Stuart Feldstein, Assistant Director, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency. Dated at Washington, DC, this 19th day of December, 2007. Valerie J. Best, Assistant Executive Secretary. FDIC: 6714-01-P (50%) [FR Doc. E7-25463 Filed 12-31-07; 8:45 am] BILLING CODE 4810-33-P (50%); 6714-01-P (50%) FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than January 17, 2008. **A. Federal Reserve Bank of St. Louis** (Glenda Wilson, Community Affairs Officer) 411 Locust Street, St. Louis, Missouri 63166-2034: *1. Nancy C. Wilson* , Memphis, Tennessee, individually and as a member of a control group acting in concert, the group consisting of Nancy C. Wilson, The Paul Nelms Family Trust, Nancy Wilson as trustee, Jessica Wilson, Stephanie Macintosh Shy, all of Memphis, Tennessee; Charles D. Newell, Jr., Germantown, Tennessee; Michael B. Baird, Cordova, Tennessee; Jon A. Reeves, Olive Branch, Mississippi; Peter T. Hodo, West Point, Mississippi; and Johnny Ponder, Collierville, Tennessee; to acquire control of Merchants & Planters Bancshares, Inc., and thereby indirectly acquire voting shares of Merchants & Planters Bank, both of Toone, Tennessee. **B. Federal Reserve Bank of San Francisco** (Tracy Basinger, Director, Regional and Community Bank Group) 101 Market Street, San Francisco, California 94105-1579: *1. Patricia Childress* , Visalia, California and Carol Bates, Porterville, California, to acquire voting shares of Sierra Bancorp, and thereby indirectly acquire voting shares of Bank of The Sierra, both of Porterville, California. Board of Governors of the Federal Reserve System, December 27, 2007. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E7-25471 Filed 12-31-07; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary [Document Identifier: OS-0990-New] Agency Information Collection Request. 60-Day Public Comment Request AGENCY: Office of the Secretary, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed information collection request for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:
(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;
(2)the accuracy of the estimated burden;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, e-mail your request, including your address, phone number, OMB number, and OS document identifier, to *Sherette.funncoleman@hhs.gov* , or call the Reports Clearance Office on
(202)690-6162. Written comments and recommendations for the proposed information collections must be directed to the OS Paperwork Clearance Officer at the above e-mail address within 60 days. *Proposed Project:* Evaluation of the “I Can Do It, You Can Do It” Health Promotion Program for Children and Youth with Disabilities—New—Office on Disability (OD). *Abstract:* The Department of Health and Human Services' Office on Disability
(OD)oversees the implementation and coordination of disability programs, policies, and special initiatives pertaining to the over 54 million persons with disabilities in the United States. As part of these efforts, the OD encourages youth with physical and cognitive disabilities to adopt a healthier life style that includes good nutrition and increased physical activity. “I Can Do it, You Can Do It” is a health promotion intervention program for children and youth between the ages of 10 and 21 with disabilities that employs a one-on-one mentoring approach to change health behaviors. The program is implemented by sponsoring organizations who work with children and youth with disabilities. The OD will evaluate the effectiveness of the program. The evaluation will be completed over a two-year period. Respondents will be children and youth with disabilities who are participating in the program. Mentors who work with the participants/mentees will complete a post-program survey. Coordinators from the sponsoring organizations will complete a process evaluation survey. Results will be used to determine if the program has been successful, to report progress, and to make revisions for future administration of the program. There are no costs to respondents except their time to participate in the surveys. Estimated Annualized Burden Table Forms Type of respondent Number of respondents Number of responses per respondent Average burden hours per response (in hours) Total burden hours Registration Form Program Participant/Mentee 660 1 8/60 88 Goal Setting Worksheet Program Participant/Mentee 610 1 7/60 71 Mentor Registration Form Mentor 450 1 10/60 75 Pre-Test Survey Program Participant/Mentee 560 1 19/60 177 Weekly Check-In Form Program Participant/Mentee 560 8 7/60 522 First Post-Test Survey Program Participant/Mentee 510 1 18/60 153 Second Post-Test Survey Program Participant/Mentee 460 1 18/60 138 Mentor Post Assessment Mentor 450 1 15/60 112 Agency Coordinator Survey Agency Coordinators 6 1 45/60 4.5 Total 1,340.5 Dated: December 19, 2007. Terry Nicolosi, Office of the Secretary, Director, Office of Resources Management. [FR Doc. E7-25428 Filed 12-31-07; 8:45 am] BILLING CODE 4150-05-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Request for Information and Comments on Research That Involves Adult Individuals With Impaired Decision-Making Capacity AGENCY: Office for Human Research Protections, Office of Public Health and Science, Office of the Secretary, HHS. ACTION: Notice. SUMMARY: On September 5, 2007, the Office for Human Research Protections, Office of Public Health and Science, Office of the Secretary, Department of Health and Human Services
(HHS)issued a notice in the **Federal Register** (Vol. 72, No. 171, pages 50966—50970) seeking information and comments about whether guidance or additional regulations are needed to adequately protect adult individuals with impaired decision-making capacity who are potential subjects in research. A 90-day comment period was established upon publication of that notice. The purpose of this notice is to inform all interested parties that the comment period originally identified in the September 5, 2007 **Federal Register** has been extended for forty one days, in order to maximize the opportunity for interested individuals and organizations to provide information and comments to HHS on this topic. DATES: The closing date for the comment period will now be January 14, 2008. ADDRESSES: Submit written comments to “Request for Information on Research That Involves Adult Individuals With Impaired Decision-Making Capacity”, Office for Human Research Protections, The Tower Building, 1101 Wootton Parkway, Suite 200, Rockville, MD 20852. Comments also may be sent via e-mail to *impairedcapacityohrp@hhs.gov* , or via facsimile at 301-402-2071. Comments received within the comment period, including any personal information provided, will be made available to the public upon request. SUPPLEMENTARY INFORMATION: A copy of the September 5, 2007 RFI can be accessed at: *http://www.hhs.gov/ohrp/documents/20070905.htm* or *http://www.hhs.gov/ohrp/documents/20070905.pdf* . Dated: December 26, 2007. Ivor A. Pritchard, Acting Director, Office for Human Research Protections. [FR Doc. E7-25460 Filed 12-31-07; 8:45 am] BILLING CODE 4150-36-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): National Institute for Occupational Safety and Health (NIOSH): Occupational Safety and Health Training Project Grants, Program Announcement
(PA)PAR06-484 In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention
(CDC)announces the aforementioned meeting. *Time and Date:* 8:30 a.m.-5:30 p.m., February 20, 2008 (Closed). *Place:* Marriott Marina del Rey, 4100 Admiralty Way, Marian del Rey, CA 90292. *Status:* The meeting will be closed to the public in accordance with provisions set forth in section 552b(c)(4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463. *Matters To Be Discussed:* The meeting will include the review, discussion, and evaluation of “National Institute for Occupational Safety and Health (NIOSH): Occupational Safety and Health Training Project Grants, PA PAR06-484.” *Contact Person for More Information:* Charles N. Rafferty, PhD, Assistant Director for Review and Policy, Office of Extramural Programs, Office of Extramural Coordination and Special Projects, NIOSH, CDC, 1600 Clifton Road, NE., Mailstop E74, Atlanta, GA 30333 Telephone:
(404)498-2530. The Director, Management Analysis and Services Office, has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry. Dated: December 21, 2007. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E7-25544 Filed 12-31-07; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Mine Safety and Health Research Advisory Committee (MSHRAC): Meeting In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention
(CDC)announces the following meeting of the aforementioned committee: *Time and Date:* 8:45 a.m.—5:15 p.m., January 22, 2008. 8:30 a.m.—3:45 p.m., January 23, 2008. *Place:* Hilton Garden Inn Pittsburgh/Southpointe, 1000 Corporate Drive, Canonsburg, PA 15317, telephone
(724)743-5000, fax
(724)743-5010. *Status:* The meeting room accommodates approximately 50 people. *Purpose:* This committee is charged with providing advice to the Secretary, Department of Health and Human Services; the Director, CDC; and the Director, NIOSH, on priorities in mine safety and health research, including grants and contracts for such research, 30 U.S.C. 812(b)(2), Section 102(b)(2). *Matters To Be Discussed:* The meeting will focus on Communications and Tracking, update on Refuge Alternatives Activities, Mine Ground Control Research, Dynamic Failures Proposal, NAS Review and Planned Actions, Safety Culture Pilot Project and Coal Workers Pneumoconiosis Research. The agenda will also include an update report from the Associate Director for Mining. Agenda items are subject to change as priorities dictate. *Contact Person for More Information:* Jeffery L. Kohler, Ph.D., Executive Secretary, MSHRAC, NIOSH, CDC, 626 Cochrans Mill Road, Pittsburgh, PA 15236, telephone
(412)386-5301, fax
(412)386-5300. The Director, Management Analysis and Services Office, has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry. Dated: December 21, 2007. Elaine Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention (CDC). [FR Doc. E7-25509 Filed 12-31-07; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Center for Food Safety and Applied Nutrition; Statement of Organization, Functions, and Delegations of Authority Part D, Food and Drug Administration, Chapter DB, Office of Operations, Center for Food Safety and Applied Nutrition (DBF), of the Statement of Organization, Functions, and Delegations of Authority for the Department of Health and Human Services (35 FR 3685, February 25, 1970, and 60 FR 56005, November 9, 1995; 64 FR 36361, July 6, 1999; and in pertinent part at 57 FR 54239) is amended to reflect the restructuring of the Center for Food Safety and Applied Nutrition (CFSAN), Office of Operations (OO), Food and Drug Administration
(FDA)as follows: I. Under Chapter DB, Office of Operations, delete in its entirety, the “Center for Food Safety and Applied Nutrition (DBF). II. Establish a new Chapter DH, Center for Food Safety and Applied Nutrition (DH), under Part D to read as follows: DF.10 Organization. The Center for Food Safety and Applied Nutrition, FDA is headed by the Director, Food Safety and Applied Nutrition, and includes the following organizational units: Office of the Center Director
(DHA)Office of Management Systems
(DHB)Office of Food Defense, Communication and Emergency Response
(DHC)Office of Food Safety
(DHD)Office of Cosmetics and Colors
(DHE)Office of Regulatory Science
(DHF)Office of Food Additive Safety
(DHG)Office of Compliance
(DHH)Office of Applied Research and Safety Assessment
(DHI)Office of Regulations, Policy and Social Sciences
(DHJ)Office of Nutrition, Labeling, and Dietary Supplements
(DHK)DF.20 Functions. A. OFFICE OF THE CENTER DIRECTOR (DHA). The Office of the Center Director (OCD): Provides leadership and direction for all Center activities and coordinates programs with other Agency, Department and government agencies. Plans, administers, coordinates, evaluates and promulgates overall Center scientific, regulatory, compliance, enforcement and management programs, policies and plans. Provides leadership and direction for Center management, planning, and evaluation systems to ensure optimum utilization of personnel, financial resources, and facilities. Establishes and manages a program to maintain the highest level of quality and integrity for all Center laboratory studies and the processing of regulatory samples, and ensures that all Center laboratory studies subject to FDA's Good Laboratory Practice regulations are conducted in compliance with them. Coordinates and monitors the Center's overall research portfolio, including all research-related activities and inquiries and the development of strategic research program plans. B. SENIOR SCIENCE ADVISOR STAFF (DHA1). The Senior Science Advisor Staff (SSAS): Provides advice to the Center Director and Deputy Directors on issues related to the Center's research portfolio, facilities and equipment. Represents the Center and Agency in scientific and other professional forums, including international forums, on issues related to food laws, regulations, standards and science and policies. Provides leadership for the development of short-, medium- and long-term strategic research program plans. Provides advice, consultation, and management oversight to appropriate representatives associated with partnerships with academia and other consortia. Fosters partnerships and effective communication with academia, private industry, trade associations, public sector groups, governmental agencies, commodity groups, and professional organizations. C. INTERNATIONAL AFFAIRS STAFF (DHA2). The International Affairs Staff (IAS): Provides advice to the Center Director and Deputy Directors on issues related to international policy and direction. Provides leadership on development of the Center's policies that impact on international and/or trade issues. Represents the Center and Agency in international forums on issues related to international harmonization of food laws, regulations, standards and science, and policies. Provides expertise and oversight over international trade negotiations pertaining to foods and cosmetics and the implementation of the agreements that emerge from those negotiations, including management of any trade disputes. Coordinates activities between the Center and other Federal agencies, foreign competent authorities, and relevant stakeholders on issues having international components. Coordinates international technical assistance and training programs. D. EXECUTIVE OPERATIONS STAFF (DHA3). The Executive Operations Staff (EOS): Provides support to the Center Director and Deputy Directors, including the coordination and preparation of briefing materials and background information for meetings, responses to outside inquiries, and maintenance and control of the Center Director's working files. Manages the Center's Freedom of Information Act activities, coordinating responses with other Center technical, regulatory, and policy units as well as developing direct responses. Provides correspondence control for the Center and controls and processes all agency public correspondence directed to the Center Director. Develops and operates tracking systems designed to identify and resolve early warnings and bottleneck problems with executive correspondence. Coordinates the Center's communications with the Agency, Department, and the other federal government agencies. Manages all Congressional activities including hearings, briefings, and inquiries (except for legislation). Acts as the focal point for all activities with respect to the Government Accountability Office
(GAO)and the Office of the Inspector General. E. OFFICE OF MANAGEMENT SYSTEMS (DHB). The Office of Management Systems (OMS): Advises the Center Director on administrative policies and guidelines and scientific and technical information systems. Plans and directs all Center operations related to program planning, budget, financial, and security management, and laboratory safety and health. Performs management studies and evaluations, as necessary, throughout the Center. Provides technical support and building operations support management to the Center in the areas of supply, equipment, space, communications, printing, reproduction, mail, contracts and grants, and awards. Represents the Center's information technology
(IT)needs to Shared Services and the Chief Information Officer (CIO). Provides support to critical in-house data systems. F. OFFICE OF FOOD DEFENSE, COMMUNICATION AND EMERGENCY REPONSE (DHC). The Office of Food Defense, Communication and Emergency Response (OFDCER): Provides Center leadership for food defense and counterterrorism activities in relation to that segment of the U.S. food supply that is regulated by the Food and Drug Administration (FDA). Serves as FDA's lead for directing, developing, and coordinating high quality outreach and education activities (in collaboration with Center Program offices) and as a resource to all stakeholders (e.g., consumers, industry, states, and other Federal partners) in relation to food safety, food labeling, and food defense. Leads the Center in coordinating, directing, and assisting other agency units with foodborne outbreak investigations and coordination of other emergency activities involving food, dietary supplements, and cosmetics. Provides direction for strengthening systems for conduct and coordination of risk analysis activities and related research associated with national and international food safety and food defense issues. Assists the Center's Chief Medical Officer
(CMO)as an expert for the Center in public health medicine, including Human Subject Protection
(HSP)and Health Hazard Evaluations (HHE's). Provides statistical and epidemiological support for Center and field research, extramural and regulatory programs. G. OFFICE OF FOOD SAFETY (DHD). The Office of Food Safety (OFS): Develops and implements policies, regulations, and guidelines related to food safety. Conducts food safety research related to chemical or microbial contamination. Administers the federal portion of the Federal/State cooperative programs. Provides toxicological evaluations and quantitative risk assessments related to the presence of industrial chemicals, process induced toxicants and toxic elements in food. Serves as the principal Agency liaison on food programs and policies with industry, Federal, State, foreign, and other organizations. Provides expertise in acidified and low acid food technologies, including the registration and evaluation of filed processes. Maintains the Interstate Certified Shellfish Shippers List and the Interstate Milk Shippers List. Serves as Agency liaison with State partners in administering the Federal portion of the federal/state cooperative retail food program. Develops and promotes the adoption and implementation of the FDA Food Code, the National Retail Food Regulatory Program Standards and related agency policy for sound public health practices. Provides technical support and outreach to FDA staff and other Federal, State and local officials on the Food Code and other agency guidance on retail food protection. H. OFFICE OF COSMETICS AND COLORS (DHE). The Office of Cosmetics and Colors (OCAC): Develops guidelines, regulations, and policies for cosmetics and color additives. Communicates policy, guidance, and other information on cosmetics and color additives to the public, affected industry, and other stakeholders including international regulatory bodies. Provides expert scientific and technical advice and support on cosmetic products and ingredients and color additives to other FDA units and other Federal, State, and local authorities. Administers the Color Certification program, including laboratory testing and methods research. Administers the Voluntary Cosmetic Registration Program. Provides leadership and works closely with other Agency units in the area of nanotechnology. I. OFFICE OF REGULATORY SCIENCE (DHF). The Office of Regulatory Science (ORS): Conducts laboratory science and research that support the FDA regulatory agenda. Develops laboratory-based methods to support regulations and related policy developments. Provides technical support and expert advice on scientific issues related to policy and regulations. Originates, plans, and conducts research in the areas of food processing and packaging, food chemistry, food toxicants, food microbiology and cosmetics. Reviews regulatory actions for adequacy of evidence and accuracy of the science and technical procedures and findings. Provides technical information and assistance with laboratory-based methods and procedures to foreign governments and visitors. J. OFFICE OF FOOD ADDITIVE SAFETY (DHG). The Office of Food Additive Safety (OFAS): Serves as the Center focal point for scientific and policy support for the development of Agency-initiated regulations on matters pertaining to the provisions of the food and color additive sections of the Federal Food, Drug, and Cosmetic Act. Manages the Center's petition review processes (both those conducted in-house and under extramural contract) for food and color additives, and consultation/notification processes for GRAS (Generally Recognized As Safe) substances, food contact substances, and foods and food ingredients derived from recombinant DNA biotechnology. Evaluates safety information, compiles the administrative record supporting actions on petitions and other agency actions, and prepares **Federal Register** documents relating to petitions. Prepares and/or reviews documentation required by the Center to implement the National Environmental Policy Act (NEPA). Coordinates the Center review of documents prepared under NEPA by other Federal agencies. Serves as the principal Agency liaison on safety testing methodologies and protocol standards needed to evaluate the safety of food ingredients and on other aspects of regulatory decisions. Develops compliance policy, position papers, procedural regulations, regulatory guidelines, and advisory opinions on issues related to the safe uses of food additives, food contact substances, color additives, GRAS substances, biotechnology derived foods, and prior sanctioned substances. Responds to stakeholder inquiries and processes Freedom of Information requests in a timely and efficient manner. Consults with Center and other FDA laboratories regarding research relevant to the regulation of food and color additives and food ingredients. Manages the Agency's review and monitoring of identity, probable human exposure to, and toxicity information on food and color additives, food contact substances, and GRAS substances in current use. Recommends enforcement action or regulatory change as needed. Provides expert scientific and technical advice to other Office, Center, and Agency components as needed. Provides evaluation and participates in bioresearch monitoring of non-clinical laboratory studies and facilities to assure quality and integrity of data submitted to the Agency in accordance with good laboratory practices K. OFFICE OF COMPLIANCE (DHH). The Office of Compliance (OC): Serves as the primary contact between the Center and FDA's field organization, including the Field Food Committee. Has primary responsibility for management of compliance programs, field assignments, and work plans and maintains the center-wide compliance management and reference systems. Initiates and/or coordinates the planning, development, publication and promotion of field guidance documents for CFSAN-regulated food and cosmetic products to implement sound public health practices, food safety/security interventions, compliance/enforcement strategies, and regulatory programs; provides information, training and technical assistance to implement development of Center guidance and regulations. Reviews proposed regulatory actions and recalls for adequacy of evidence and consistency across programs. Oversees the development of compliance and enforcement strategies for emerging compliance challenges. Monitors and mines information from internal and external sources to identify trends or emerging compliance and enforcement-related issues that may influence the Center's area of regulatory responsibility. Provides data and other information on field accomplishments to support the Center's evaluation of programs and assignments, development of new assignments, assessment of the industry or any other relevant Agency purpose. Oversees, monitors and evaluates the food facility registration data base. Plans and develops approaches to administer regulatory responsibilities in the Interstate Travel Program and provides information, problem-solving and technical assistance to Agency and external organizations within this program. L. OFFICE OF APPLIED RESEARCH AND SAFETY ASSESSMENT (DHI). The Office of Applied Research and Safety Assessment (OARSA): Establishes and conducts a cohesive mission-relevant research program in the areas of toxicology, microbiology and molecular biology that will ensure the safety of the U.S. food supply and the establishment of sound counterterrorism measures. Provides Center and Agency leadership in reproductive toxicology, neuro/behavioral toxicology, immunotoxicology, in vitro toxicology with special emphasis on hepatotoxicity, virulence assessment, immunobiology, microbial genetics and molecular virology. Recommends, develops, and conducts the Center's research program goals and priorities on food safety threat agents, safety and health hazards to foods, nutritional supplements, chemical contaminants, natural toxicants, and metabolities. Serves as the Center's principal research liaison with other Agency units and with other organizations outside the Agency. Initiates and coordinates collaborative studies with Center stakeholders and coordinates development of long-term collaborative research planning with the Center, other Agency units, academic, and research components to achieve food safety and food defense. Provides support to the national toxicological program with planning and implementation of sub-chronic and chronic toxicological evaluations emphasizing dose response relationships. Provides expert scientific direction, guidance and support to the Center's regulatory and compliance programs and provides expertise in both food safety and food defense. M. OFFICE OF REGULATIONS, POLICY, AND SOCIAL SCIENCES (DHJ). Office of Regulations, Policy, and Social Sciences (ORPSS): Coordinates the development of all CFSAN regulations and guidance documents, and reviews and clears for CFSAN draft regulations and guidance documents developed by CFSAN, other Centers in FDA, or by other agencies. Resolves policy issues involving Center-regulated food or cosmetic products in collaboration with the Center Director, Deputy Directors and other senior managers. Provides economic analyses and conducts consumer studies to provide information about the impact and/or effectiveness of various options; these analyses and studies are used by CFSAN managers throughout the decision-making and evaluation processes. Serves as the Center focal point and provides a centralized monitoring, coordinating, and advisory function for the Center and U.S. government on policies involving sensitive, controversial, and complex food issues, including policies involving food derived from biotechnology. Advises Center officials on regulatory approaches and manages the development of periodic plans for the Center's regulation development activities. Develops legislative proposals related to food and cosmetic safety and defense; coordinates the Center's review of bills and proposed legislation, upon request; and coordinates the Center's technical assistance to Congressional or FDA Office of Legislation staff developing bills related to food and cosmetics, upon request. Manages the Center's compliance with the Information Quality Act, including responses to request for correction and reconsideration submitted under the Act. Advises Center staff concerning the administrative procedures for rulemaking, guidelines, guidance documents, and other policy documents, hearings and delegations of authority. Leads the Center's evaluation of existing regulations to determine whether they are efficiently or effectively accomplishing their intended purpose. Provides Center-level leadership and coordination regarding briefings with other parts of the Agency or Federal Government with clearance responsibility regarding CFSAN regulations and guidance documents, and other CFSAN documents subject to the Paperwork Reduction Act, in coordination with the Executive Operations Staff. Directs and manages Center programs involving the use of external scientific advisors, consultants, and committees. Counsels and coordinates with Center managers on the use of external scientific experts and resources. N. OFFICE OF NUTRITION, LABELING, AND DIETARY SUPPLEMENTS (DHK). The Office of Nutrition, Labeling, and Dietary Supplements (ONLDS): Primary responsibility for policy development and management of food and nutrition labeling, food standards, conventional foods, dietary supplements, and special nutritional (including infant formula and medical foods) food. Provides expert advice to the Center Director, other Deputy Directors, and other senior managers, and directs major Agency and Department nutrition and labeling initiatives and is the Delegate to national and international forums and conferences. Primary responsibility for policy and regulatory development and management of the food labeling program, including Nutrition Labeling and Education Act, Food Allergen Labeling and Consumer Protection Act and other Federal Food, Drug, and Cosmetic Act and Fair Packaging and Labeling Act labeling requirements. Provides scientific and technical review of and response to petitions and notifications related to all aspects of conventional food labeling. With the Office of Compliance, determines compliance with existing food standards and common or usual name regulations and issues temporary marketing permits to allow manufacturers to test market new foods. In addition, conducts scientific and technical review of enforcement and compliance materials including inspection reports, analytical reports and other pertinent records, and provides policy decisions on misbranding charges for all domestic and import actions, including infant formula and medical food manufacturers. Provides expert guidance for other Agency units and Federal and State officials and industry concerning regulatory requirements and compliance policies on food labeling (including infant formula and medical foods) and reviews proposed enforcement/compliance actions referred by other agency units. Provides expert technical advice for participation in international forums. Reviews food product labeling (including infant formula, medical foods and nutrition labels) for adherence to regulations and appropriateness of claims and manages the Small Business Nutrition Labeling Exemption Notification Program. Provides scientific review and analysis of policies, regulations, research priorities, position papers, and advisory opinions on issues related to nutrition and nutrition labeling, and dietary guidance recommendations, and related nutrition science issues. Responsible for scientific and regulatory review of health claim petitions, qualified health claim petitions, nutrient content claim petitions, and FDA Modernization Act notifications for health claims and nutrient content claims. Provides expert advice and assistance to key officials and coordinates with other domestic and international scientific bodies on efforts related to nutrition and health. Identifies program priorities for, provides content design input to, and analysis of large-scale databases of food consumption, food composition, food ingredients, sales of processed packaged food products and product label information. Develops methods for monitoring US populations and special subgroups relative to use and safety of conventional foods and dietary supplements. Provides management and scientific review on issues related to infant formula, medical foods, and dietary supplements including petitions and notifications, and provides advice to key Agency components as well as international bodies. Responsible for the development of regulations, guidance, policy, programs, position papers and advisory opinions, and recommends research priorities for the management of the dietary supplement program, which includes safety assessments for the New Dietary Ingredient Notification Program, structure-function notifications, Certificates of Export, safety assessment for dietary supplement policy, responses to petitions and industry-related notifications, post-market adverse event evaluations, and issues related to dietary supplement safety and nutrition. III. Delegations of Authority. Pending further delegation, directives, or orders by the Commissioner of the Food and Drugs, all delegations or re-delegations of authority to positions of the affected organizations in effect prior to this date shall continue in effect in them or their successors. Dated: December 20, 2007. Michael O. Leavitt, Secretary. [FR Doc. 07-6257 Filed 12-31-07; 8:45 am]
Connectionstraces to 36
Traces to 36 documents
U.S. Code
CFR
23 references not yet in our index
  • 7 CFR 250
  • 7 CFR 250.43(f)
  • Pub. L. 109-171
  • 120 Stat. 4
  • 47 CFR 301
  • 72 FR 65
  • 40 CFR 1508.22
  • 40 CFR 1508.25
  • 40 CFR 1501.7(b)
  • 41 CFR 102
  • Pub. L. 92-463
  • 34 CFR 5
  • 42 USC 6291-6309
  • 42 USC 6311-6317
  • 42 USC 6291-6296
  • 10 CFR 430
  • 10 CFR 430.24(m)(2)
  • 10 CFR 430(m)(2)
  • 10 CFR 430(m)(2)(i)
  • 10 CFR 431
  • 70 FR 9629
  • 47 CFR 1.429(e)
  • 47 CFR 1.4(b)(1)
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Notice
U.S.C.§ 612c
U.S.C.§ 1431
U.S.C.§ 1446a–1
U.S.C.§ 5179
C.F.R.§ 351.218
C.F.R.§ 351.103
C.F.R.§ 351.303
C.F.R.§ 351.213
C.F.R.§ 351.212
Cite7 CFR 250
Cite7 CFR 250.43(f)
Pub. L.Pub. L. 109-171
Cites 59 · showing 12Cited by 0 across 0 sources
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