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Code · REGISTER · 2008-01-08 · FEDERAL COMMUNICATIONS COMMISSION · Notices

Notices. Notice of filing dates for special election

27,424 words·~125 min read·/register/2008/01/08/08-32

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

BILLING CODE 6705-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget January 2, 2008. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act
(PRA)of 1995, 44 U.S.C. sections 3501-3520. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act
(PRA)that does not display a valid control number. Comments are requested concerning
(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;
(b)the accuracy of the Commission's burden estimate;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written Paperwork Reduction Act
(PRA)comments should be submitted on or before February 7, 2008. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget,
(202)395-5887, or via fax at 202-395-5167 or via internet at *Nicholas_A._Fraser@omb.eop.gov* and to *Judith-B.Herman@fcc.gov* , Federal Communications Commission, or an e-mail to *PRA@fcc.gov* . To view a copy of this information collection request
(ICR)submitted to OMB:
(1)Go to the Web page *http://www.reginfo.gov/public/do/PRAMain* ,
(2)look for the section of the Web page called “Currently Under Review”,
(3)click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading,
(4)select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box,
(5)click the “Submit” button to the right of the “Select Agency” box, and
(6)when the list of FCC ICRs currently under review appears, look for the title of this ICR (or its OMB Control Number, if there is one) and then click on the ICR Reference Number to view detailed information about this ICR.” FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s), contact Judith B. Herman at 202-418-0214 or via the Internet at *Judith-B.Herman@fcc.gov* . SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-0262. *Title:* Section 90.179, Shared Use of Radio Stations. *Form No.:* N/A. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit, not-for-profit institutions, and state, local or tribal government. *Number of Respondents:* 42,000 respondents; 42,000 responses. *Estimated Time per Response:* .75 hours reporting requirement; .25 hours recordkeeping requirement. *Frequency of Response:* On occasion reporting requirement and recordkeeping requirement. *Obligation to Respond:* Required to obtain or retain benefits. *Total Annual Burden:* 42,000 hours. *Total Annual Cost:* N/A. *Privacy Act Impact Assessment:* N/A. *Nature and Extent of Confidentiality:* There is no need for confidentiality. *Needs and Uses:* The Commission will submit this information collection to the OMB as an extension during this comment period to obtain the full three-year clearance from them. There is an increase in the number of respondents/responses and burden hours due a recalculation of the burden estimates. Section 90.179 requires Part 90 licensees that share use of their private land mobile radio
(PLMR)facility on a non-profit, cost-shared basis keep a written sharing agreement as part of the station records. The written agreement would set out:
(1)The method of sharing,
(2)the components of the system which are covered by the sharing arrangements,
(3)the method by which costs are to be apportioned,
(4)and acknowledgement that all shared transmitter use must be subject to the licensee's control. These requirements are necessary to identify users of the systems should interference problems develop. This information is used by the Commission to investigate interference complaints and resolve interference and operational complaints that may arise among the users. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-110 Filed 1-7-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL ELECTION COMMISSION [Notice 2007-29] Filing Dates for the Mississippi Senate Special Election AGENCY: Federal Election Commission. ACTION: Notice of filing dates for special election. SUMMARY: Mississippi has set November 4, 2008, as the date of the Special General Election to fill the U.S. Senate seat vacated by Senator Trent Lott. Under Mississippi law, a majority winner in a nonpartisan special election is declared elected. Should no candidate achieve a majority vote, a Special Runoff Election will be held on November 25, 2008, between the top two vote-getters. Committees participating in the Mississippi special elections are required to file pre- and post-election reports. Filing dates for these reports are affected by whether one or two elections are held. FOR FURTHER INFORMATION CONTACT: Mr. Kevin R. Salley, Information Division, 999 E Street, NW., Washington, DC 20463; Telephone:
(202)694-1100; Toll Free
(800)424-9530. SUPPLEMENTARY INFORMATION: Principal Campaign Committees All principal campaign committees of candidates who participate in the Mississippi Special General and Special Runoff Elections shall file a 12-day Pre-General Report on October 23, 2008; a 12-day Pre-Runoff Report on November 13, 2008; and a 30-day Post-Runoff Report on December 25, 2008. (See chart below for the closing date for each report). If only one election is held, all principal campaign committees of candidates participating in the Special General Election shall file a 12-day Pre-General Report on October 23, 2008; and a 30-day Post-General Report on December 4, 2008. (See chart below for the closing date for each report). Unauthorized Committees (PACs and Party Committees) Political committees filing on a quarterly basis in 2008 are subject to special election reporting if they make previously undisclosed contributions or expenditures in connection with the Mississippi Special General or Special Runoff Elections by the close of books for the applicable report(s). (See chart below for the closing date for each report). Committees filing monthly that support candidates in the Mississippi Special General or Special Runoff Election should continue to file according to the monthly reporting schedule. Additional disclosure information in connection with the Mississippi Special Elections may be found on the FEC Web site at *http://www.fec.gov/info/report_dates.shtml* . Calendar of Reporting Dates for Mississippi Special Election Report Close of books 1 Reg./cert. & overnight mailing deadline Filing deadline If Only the Special General Is Held (11/04/08), Committees Involved Must File: Pre-General 10/15/08 10/20/08 10/23/08 Post-General 11/24/08 12/04/08 12/04/08 Year-End 12/31/08 01/31/09 2 01/31/09 If Two Elections Are Held, Committees Involved Only in the Special General (11/04/08), Committees Involved Must File: Pre-General 10/15/08 10/20/08 10/23/08 Year-End 12/31/08 01/31/09 2 01/31/09 Committees Involved in the Special General (11/04/08) and Special Runoff (11/25/08) Must File: Pre-General 10/15/08 10/20/08 10/23/08 Pre-Runoff 11/05/08 11/10/08 11/13/08 Post-Runoff 12/15/08 12/25/08 2 12/25/08 Year-End 12/31/08 01/31/09 2 01/31/09 Committees Involved Only in the Special Runoff (11/25/08) Must File: Pre-Runoff 11/05/08 11/10/08 11/13/08 Post-Runoff 12/15/08 12/25/08 2 12/25/08 Year-End 12/31/08 01/31/09 2 01/31/09 1 The reporting period always begins the day after the closing date of the last report filed. If the committee is new and has not previously filed a report, the first report must cover all activity that occurred before the committee registered up through the close of books for the first report due. 2 Notice that this filing deadline falls on a weekend or federal holiday. Filing deadlines are not extended when they fall on nonworking days. Accordingly, reports filed by methods other than Registered, Certified or Overnight Mail must be received before the Secretary of the Senate's close of business on the last business day before the deadline. Dated: December 31, 2007. Robert D. Lenhard Chairman, Federal Election Commission. [FR Doc. E8-63 Filed 1-7-08; 8:45 am] BILLING CODE 6715-01-P 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 22, 2008. **A. Federal Reserve Bank of Kansas City** (Todd Offenbacker, Assistant Vice President) 925 Grand Avenue, Kansas City, Missouri 64198-0001: *1. John E. Eisemann, IV* , Trinidad, Colorado; to retain voting shares of Republic Trinidad Corporation, Houston, Texas, and thereby indirectly retain voting shares of First National Bank in Trinidad, Trinidad, Colorado. *2. Terri Farley* , Kansas City, Missouri, and David B. Sexton, Parkville, Missouri, as co-trustees of the James W. Farley, Jr. Credit Shelter Trust, to acquire voting shares of KLT Bancshares, Inc., Farley, Missouri, and thereby indirectly acquire voting shares of Farley State Bank, Parkville, Missouri. *3. Jeffrey C. Royal* , Omaha, Nebraska; to acquire voting shares of Mackey Banco, Inc., and thereby indirectly acquire voting shares of Security State Bank, both in Ansley, Nebraska. Board of Governors of the Federal Reserve System, January 2, 2008. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E8-30 Filed 1-7-08; 8:45 am] BILLING CODE 6210-01-S 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 23, 2008. **A. Federal Reserve Bank of Atlanta** (David Tatum, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309: *1. C. Steven Lewis, individually, and with Jeffrey M. Lewis* ; to acquire voting shares of Citizens Bancorp, Inc., and thereby indirectly acquire voting shares of Citizens Bank, all of New Tazewell, Tennessee. **B. Federal Reserve Bank of Chicago** (Burl Thornton, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. Patricia L. Pierce* , Menasha, Wisconsin, to retain voting shares of First Menasha Bancshares, Inc., and thereby indirectly retain voting shares of First National Bank-Fox Valley, both of Neenah, Wisconsin. Board of Governors of the Federal Reserve System, January 3, 2008. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E8-58 Filed 1-7-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than February 1, 2008. **A. Federal Reserve Bank of Chicago** (Burl Thornton, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. Black River BancVenture, Inc.* , Memphis, Tennessee; to acquire 9.90 percent of the voting shares of Cornerstone Bank, Moorestown, New Jersey. **B. Federal Reserve Bank of St. Louis** (Glenda Wilson, Community Affairs Officer) 411 Locust Street, St. Louis, Missouri 63166-2034: *1. Community First Bancshares, Inc.* , Harrison, Arkansas; to acquire additional voting shares, for a total of not more 24.99 percent of the voting shares of White River Bancshares Company, Fayetteville, Arkansas, and thereby indirectly acquire voting shares of Signature Bank, Fayetteville, Arkansas. **C. Federal Reserve Bank of Minneapolis** (Jacqueline G. King, Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291: *1. United Citizens 401(K) Savings Plan* , Osseo, Wisconsin; to become a bank holding company by acquiring up to 56 percent of the voting shares of United Bancorporation, and thereby indirectly acquire voting shares of United Bank, both of Osseo, Wisconsin; Cambridge State Bank, Cambridge, Wisconsin; Lincoln Community Bank, Merrill, Wisconsin; Bank of Poynette, Poynette, Wisconsin; Clark County State Bank, Osceola, Iowa; Farmers State Bank, Stickney, South Dakota; and Farmers & Merchants State Bank, Iroquois, South Dakota. **D. Federal Reserve Bank of Dallas** (W. Arthur Tribble, Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272: *1. Commerce Financial Corporation* , Corpus Christi, Texas; to become a bank holding company by acquiring 100 percent of the voting shares of Security State Bancshares, Inc., and indirectly acquire voting shares of Security State Bank, both of Stockdale, Texas. Comments regarding this application must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than January 28, 2008. **E. Federal Reserve Bank of San Francisco** (Tracy Basinger, Director, Regional and Community Bank Group) 101 Market Street, San Francisco, California 94105-1579: *1. Western Capital Corporation* ; to become a bank holding company by acquiring 100 percent of the voting shares of Western Capital Bank (in organization), both of Boise, Idaho. Board of Governors of the Federal Reserve System, January 2, 2008. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E8-29 Filed 1-7-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than February 1, 2008. **A. Federal Reserve Bank of San Francisco** (Tracy Basinger, Director, Regional and Community Bank Group) 101 Market Street, San Francisco, California 94105-1579: *1. Western Capital Corporation* , Boise, Idaho, and GWY, LLC, Bellevue, Washington; to become bank holding companies by acquiring at least 64 percent of the voting shares of Western Capital Bank (in organization), Boise, Idaho. Board of Governors of the Federal Reserve System, January 3, 2008. Jennifer J. Johnson Secretary of the Board. [FR Doc. E8-57 Filed 1-7-08; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration on Aging Statement of Organization, Functions, and Delegations of Authority This notice amends Part B of the Statement of Organization, Functions, and Delegations of Authority of the Department of Health and Human Services (HHS), Administration on Aging (AoA), as follows: Part B, Administration on Aging (67 FR 36883-36890), as last amended, May 28, 2002. This reorganization of AoA will achieve several important objectives: It will streamline the organization; consolidate and elevate AoA's disaster preparedness and responses activities; improve the integration of AoA's budget development and policy analysis functions; and enhance the organization's capacity to implement the provisions of the Older Americans Act Amendments of 2006 which seek to assist older Americans to conserve and extend their personal resources by bringing transparency to long-term care, divert seniors away from nursing home care, and empower older adults to take more control of their own health through lifestyle and behavioral changes. The changes are as follows: I. Delete Part B, “The Administration on Aging” in its entirety and replace with the following: B.00 Mission. B.10 Organization. B.20 Functions. *B.00 Mission.* The Administration on Aging
(AoA)is the principal agency designated to carry out the provisions of the Older Americans Act (“OAA” or “The Act”) of 1965, as amended, 42 U.S.C. 3001 *et seq.* , and the Alzheimer's Disease Demonstration Grants to States Program, established under section 398 of the Public Health Service Act
(PHSA)as amended by Public Law 101-157, and by Public Law 105-379, the Health Professions Education Partnerships Act of 1998. AoA serves as the effective and visible advocate for older persons within the Department of Health and Human Services
(HHS)and other Federal agencies. AoA assists the Secretary in all matters pertaining to opportunities and challenges of the elderly. It advocates for the needs of older persons in program planning and policy development within the Department and in other Federal agencies. *B.10 Organization.* The Administration on Aging is an Operating Division (OPDIV) of the Department of Health and Human Services (HHS), which is headed by the Assistant Secretary for Aging who reports directly to the Secretary. In addition to the Assistant Secretary, the AoA consists of the Deputy Assistant Secretary for Policy and Programs and Staff and Program Offices. AoA is organized as follows: Immediate Office of the Assistant Secretary (BA). Center for Policy and Management (BE). Center for Program Operations (BF). B.20 Functions. A. Immediate Office of the Assistant Secretary (BA): BA.00 Mission. BA.10 Organization. BA.20 Functions. *BA.00 Mission.* The Immediate Office of the Assistant Secretary provides executive direction, leadership, and guidance for OAA programs and the PHSA Alzheimer's Program, and serves as the focal point for the development, coordination and administration of those programs nationwide. The Office advises the Secretary on issues affecting America's elderly population. *BA.10 Organization.* The Immediate Office of the Assistant Secretary is headed by an Assistant Secretary, who reports to the Secretary. The Immediate Office includes the Deputy Assistant Secretary for Policy and Programs and consists of the following components, which report to the Deputy Assistant Secretary for Policy and Programs: Immediate Office of the Assistant Secretary (BA). Executive Secretariat (BAA). Office of Communications (BA1). Office of Preparedness and Response (BA2). BA.20 Functions. 1. *Immediate Office of the Assistant Secretary (BA).* The Immediate Office of the Assistant Secretary
(IOAS)is responsible to the Secretary for carrying out AoA's mission and provides executive supervision to the major components of AoA. The Office serves as the effective and visible advocate within the Federal government to ensure the rights and entitlements of the elderly. Sets national policies, establishes national priorities, ensures policy consistency, and directs plans and programs conducted by AoA. Advises the Secretary, HHS agencies, and other Federal agencies on the characteristics, circumstances, and needs of older people, and on policies, plans and programs designed to promote their welfare. The Deputy Assistant Secretary for Policy and Programs serves as the Assistant Secretary's primary associate in carrying out the mission of the agency. The Deputy Assistant Secretary for Policy and Programs serves as the AoA's Reports Clearance Officer and is the AoA liaison with the Assistant Secretary for Public Affairs, the Assistant Secretary for Legislation, the Office of the General Counsel, the Office of the Inspector General, and the Government Accountability Office for areas under the Office's purview. In collaboration with other Federal agencies, it develops and implements interagency agreements to assist older persons. Provides liaison with other Federal advisory committees focused on the aging. Works with national aging organizations, professional societies, and academic organizations to identify mutual interests and plan voluntary and funded approaches to meet the needs of older persons. Ensures affirmative action throughout the Aging Network in employment and service delivery. 2. *Executive Secretariat (BAA).* The Executive Secretariat
(ES)coordinates essential policy and program concerns and ensures that issues requiring the attention of the Assistant Secretary, Deputy Assistant Secretary, and/or executive staff are addressed on a timely and coordinated basis. It serves as the AoA liaison with the HHS Executive Secretariat. Receives, assesses, and controls incoming correspondence and assignments to the appropriate AoA component(s) for response and action; provides assistance and advice to AoA staff on the development of responses to correspondence and on the controlled correspondence system; and tracks development of periodic reports and facilitates departmental clearance. Maintains official copies of all policy and information issuances and data collection instruments, ensuring proper clearance before issuance and annually reviews for accuracy and compliance with laws and regulations; reviews all materials for **Federal Register** publication, ensuring compliance with guidelines; serves as records manager providing assistance to both Headquarters and Regional staff regarding filing practices, retention and disposition of records. Serves as liaison with the Office of the **Federal Register** on regulatory actions and the Office of Inspector General and the Government Accountability Office on all program matters other than those related to financial management, grants, or procurement management; and serves as the Freedom of Information Act
(FOIA)Officer for AoA, reviews FOIA requests, and arranges for appropriate responses in coordination with the HHS FOIA Officer. Coordinates mandated OMB approvals required under the Paperwork Reduction Act of 1980, as amended. 3. *Office of Communications (BA1).* The Office of Communications
(OC)is responsible for developing information dissemination and outreach strategies for AoA and the National Aging Network and for coordinating the development of information materials, both printed and electronic. In coordination with the Department, manages AoA's media relations and legislative liaison activities. Coordinates the development of legislative proposals, testimony, background statements, and other policy documents for use by the Assistant Secretary in activities related to legislation. In coordination with the HHS Office of the Assistant Secretary for Legislation, analyzes proposed and enacted legislation related directly or indirectly to older people, including legislation directly affecting OAA programs. Through automated legislative information systems tracks bills related to the aging. Develops and issues status reports regarding key legislative developments to Headquarters and Regional Support Centers staff, the network of State and Area Agencies on Aging, and Indian Tribal Organizations. Coordinates with the Office of the Assistant Secretary for Public Affairs, including planning and implementing strategy for relations with the news and other information media; and initiates media outreach activities and responds to all media inquiries concerning AoA programs and related issues. Oversees the international liaison functions of AoA, coordinating AoA international activities with Departmental as well as other Federal agencies, States and national organizations concerned with international aging matters. At all levels, from national to the local service delivery level, develops methods and collaborations to articulate the problems and concerns of the elderly to organizations beyond the traditional network of agencies and works with these organizations to be more sensitive and responsive to age-related needs and issues. Compiles, publishes, and disseminates information on programs funded under the Act, as well as demographic data on the elderly population and data from other Federal agencies on the health, social and economic status of older persons. Promotes information dissemination in professional fields. Ensures dissemination of information such as best practice models to exchange program experience with the network of State and Area Agencies on Aging; and works with organizations in the field of aging and with other organizations in fields that impact older persons to enhance the dissemination of consumer and technical information. Works with the Office of Evaluation to ensure the successful collection of data and its analysis to demonstrate the effectiveness of AoA dissemination activities. Ensures that program and service information and trends are disseminated to advocates for older persons. Responds to written, phone and personal inquiries from all sources dealing with services and needs of the aging. 3. *Office of Preparedness and Response (BA2).* The Office of Preparedness and Response
(OPR)provides executive and administrative advice, expertise, and direction related to emergencies, disasters, preparedness and response. The OPR serves as the principal advisory staff to the Assistant Secretary on matters relating to emergencies, whether resulting from acts of nature, accidents, or terrorism. The OPR coordinates interagency activities between AoA, HHS, other Federal agencies, and other national, State, local and Tribal organizations and entities and officials responsible for emergency preparedness and response. OPR coordinates with AoA's Regional Support Centers and aging network organizations in response to the needs of older individuals following a Presidentially-declared disaster to assess needs and provide disaster assistance, relief and reimbursement pursuant to section 310 of the Older Americans Act. OPR serves as the primary liaison with the Secretary's Operations Center and the Office of the Assistant Secretary for Preparedness and Response and serves on interagency working groups to represent AoA and the unique interests of older individuals and other special needs populations. OPR is responsible for developing operational plans and training to ensure the preparedness of AoA, the Aging Network and the public to respond to threats, disasters and emergencies; for policy formulation and coordination for preparedness and response strategic planning; and for the development and implementation of plans to ensure the continuity of operations. B. Center for Policy and Management (BE): BE.00 Mission. BE.10 Organization. BE.20 Functions. *BE.00 Mission.* The Center for Policy and Management
(CPM)advises and supports the Assistant Secretary for Aging in developing effective Federal policies, programs, and budgets to address the aging of the population, as mandated under Title II and Title IV of the Older Americans Act; and provides leadership related to the financial, grants, information resources, procurement, administrative, human resources, and strategic planning activities of AoA. *BE.10 Organization.* The Center for Policy and Management is headed by a Deputy Assistant Secretary who reports directly to the Assistant Secretary for Aging. The Center is organized as follows: Office of the Deputy Assistant Secretary for Policy and Management (BE). Office of Management Analysis and Resources (BEA). Office of Budget and Finance (BE1). Office of Administrative and Technology Services (BE2). Office of Grants Management (BE3). Office of Planning and Policy Development (BE4). BE.20 Functions. 1. *Office of the Deputy Assistant Secretary for Policy and Management (BE).* The Office of the Deputy Assistant Secretary for Policy and Management (ODASPM) directs and coordinates all activities of the Center for Policy and Management (CPM). The Deputy Assistant Secretary advises and supports the Assistant Secretary for Aging in serving as the visible and effective advocate for older people within the Federal Government. Serves as the focal point within AoA for identifying and analyzing emerging policy and program issues and trends related to the aging population, identifying appropriate Federal responses, and formulating an agency-wide policy and program development strategy consistent with the priorities established by the Assistant Secretary for Aging. Is responsible for leading the agency's strategic planning, policy development and program development functions, including the formulation of short- and long-term strategies for advancing the Assistant Secretary's policy and program priorities. The Deputy Assistant Secretary also serves as the AoA's Chief Financial Officer
(CFO)and Chief Information Officer
(CIO)and is the principal advisor and counsel to the Assistant Secretary for Aging on all aspects of internal administration and management of AoA. Serves as the AoA liaison with the Assistant Secretary for Planning and Evaluation, the Assistant Secretary for Administration and Management, the Assistant Secretary for Resources and Technology, the Office of the General Counsel, and the Office of Management and Budget for areas under CPM's purview. Advises the Assistant Secretary for Aging on budget, financial, grants, information resources, procurement, administrative, and human resources activities. Develops, administers, and coordinates financial, operational, and budgetary policies, processes, and controls necessary to administer AoA programs and financial resources; directs discretionary and mandatory grants activities; oversees the utilization of information resources, information systems and telecommunications management in AoA; and coordinates AoA's internal control activities. 2. *Office of Management Analysis and Resources (BEA)* . The Office of Management Analysis and Resources
(OMAR)oversees and coordinates cross-cutting management activities and advises the Deputy Assistant Secretary on all aspects of administrative operations. The OMAR Director serves as the Management Control Officer and ensures that AoA has internal controls in place for its administrative and programmatic activities that provide reasonable assurance of the effectiveness and efficiency of operations and compliance with applicable laws and regulations. OMAR provides leadership for the strategic planning and operational management of the AoA's human capital resources and serves as the primary liaison with the Rockville Human Resources Center, which provides personnel support services to AoA. Conducts annual reviews and assessments of internal controls required under the Federal Managers Financial Integrity Act and ensures compliance with the Government Accountability Office and Office of Management and Budget standards. Oversees the implementation of cross-cutting management initiatives including the President's Management Agenda and strategic plan management goals and objectives; advises on actions needed to support various initiatives; and prepares reports on the status of implementation activities. Monitors legislation related to administrative management and provides analysis of the impact on AoA programs and resources. Coordinates with other components to carry out reviews of administrative activities and management practices required under the Chief Financial Officers Act, the Improper Payments Information Act, the Federal Information Security Management Act, and other legislation. Plans, organizes and conducts management studies of organizational structures, functional statements, job structures, staffing patterns, and management and administrative information systems; identifies and resolves problems of organization and administrative management; and develops administrative management policies, strategies, procedures and techniques. Prepares and maintains organizational functional statements and delegations and designations of authority for AoA. Develops and implements human capital strategies and strategic workforce plans; directs the development and creation of strategies to attract diverse talent and develop a highly skilled workforce; and provides leadership in the development of plans for achieving short- and long-range human capital goals. Provides leadership and guidance to meet the human resource management needs and coordinates internal and external resources to provide staff with personnel services including position management, performance management, employee recognition, staffing, recruitment, employee and labor relations, employee assistance, payroll liaison, staff development and training, and special hiring and placement programs. 3. *Office of Budget and Finance (BE1)* . The Office of Budget and Finance
(OBF)supports the Deputy Assistant Secretary for Policy and Management in fulfilling AoA's Chief Financial Officer responsibilities. The OBF Director serves as the Deputy Chief Financial Officer and oversees and coordinates AoA's budget formulation, budget execution, and financial management activities. OBF serves as the primary liaison with the Program Support Center's Division of Financial Operations, which provides accounting, audit, and financial management services to AoA. In coordination with AoA program offices, formulates and presents budget estimates; executes apportionment documents; and plans, directs, and coordinates financial and budgetary programs of AoA. Provides guidance to AoA program offices in preparing budgets, justifications, and other supporting budgetary materials. Solicits, obtains and consolidates information and data from other AoA offices, and prepares budget documents on behalf of the Assistant Secretary for presentation to the Department, the Office of Management and Budget (OMB), and the Congress. Analyzes the budget as approved by the Congress and apportioned by OMB, obtains input from program offices and recommends for the Assistant Secretary's approval a financial plan for its execution. Makes allowances to AoA offices within the guidelines of the approved financial plan. Develops and maintains an overall system of budgetary controls to ensure observance of established ceilings on both program—including all mandatory and discretionary grant accounts—and Salaries and Expense funds; maintains administrative control of funds against allotments and allowances; certifies funds availability for all AoA accounts; and coordinates the management of AoA's interagency agreement activities. Prepares requests for apportionment of appropriated funds; and prepares spending plans and status-of-funds reports for the Assistant Secretary. Develops financial operating procedures and manuals; coordinates the preparation of AoA's financial audits; and provides analysis on financial issues. Serves as the AoA liaison with the Office of the Secretary and OMB on all budgetary and financial matters. Acts as AoA's coordination point for all travel management activities; provides technical assistance and oversight on the use of the GovTrip system; manages employee participation in the Travel Charge Card program, and coordinates Travel Management Center services for AoA. 4. *Office of Administrative and Technology Services (BE2)* . The Office of Administrative and Technology Services
(OATS)provides support to AoA in the areas of facilities, acquisitions, information technology, and other administrative services. The OATS Director serves as the Deputy Chief Information Officer and prepares, coordinates and disseminates information, policies, standards, guidelines, and procedures on information technology and administrative management issues. OATS serves as the primary liaison to, and provides oversight for the Program Support Center's Division of Acquisition Management, which provides procurement services; and the Information Technology Service Center, which provides for the management, maintenance and operation of AoA's information technology systems infrastructure, including the LAN, personal computers, software, and support services. Provides oversight and direction to meet the administrative needs of AoA components. Serves as liaison with the Office of the Secretary, the General Services Administration (GSA), and outside vendors to plan, develop and coordinate guidelines and activities for space, facilities and telecommunications services. Serves as the lead for AoA in coordination and liaison with Departmental, GSA, Federal Protective Service, and other Federal agencies for planning and executing the Agency's environmental health, safety and physical security programs. Provides telecommunications planning and management, including procurement, installation, and maintenance of telecommunications equipment and services such as telephones, cellular phone service, cable TV service, and audio conferencing equipment and services. Assists other AoA components in securing contractor assistance by advising on appropriate acquisition vehicles, developing statements of work, and managing the technical aspects of contracts. Develops and implements procurement strategies for information technology support services; reviews all information technology acquisition documentation for compliance with applicable laws and regulations; defines the specifications for procurement of all hardware and software; and identifies opportunities to share information technology services through inter-governmental, inter-departmental and inter-agency agreements. Monitors the use of credit cards for small purchases and establishes and manages contracts and/or blanket purchase agreements for administrative support and facilities management services. Manages the development of AoA custom applications, systems, and Web sites; oversees training and technical assistance for all AoA systems, hardware and software; and coordinates the preparation of manuals and policy issuances required to meet the instructional and informational needs of users of the systems. Directs and coordinates AoA's systems security and privacy responsibilities, including protection, security and integrity of AoA data; and is responsible for establishing and maintaining a secure Inter- and intranet presence. Represents AoA on the Department's Chief Information Officer's council and other Departmental information technology policy and planning boards, teams, and workgroups. 5. *Office of Grants Management (BE3)* . The Office of Grants Management
(OGM)serves as AoA's focal point for management, leadership and administration of discretionary and mandatory grants, and cooperative agreements. The OGM Director serves as the Chief Grants Management Officer and provides national policy oversight and development for grants management and administration matters. The Office ensures that all grant awards conform to applicable statutory, regulatory, and administrative policy requirements, both before and following award. Maintains liaison and coordination with appropriate AoA and HHS organizations to ensure consistency between AoA discretionary and mandatory grant award activities, including the Program Support Center's Division of Payment Management, which provides payment system services for grants. Ensures that the administrative business and financial management aspects of discretionary grants administration are carried out and grantee performance is monitored. Performs cost analysis/budget analysis for all discretionary grant award documents and negotiates grant budgets, executing all awards for AoA. Advises and assists management and program officials in developing, implementing and evaluating program plans, strategies, regulations, announcements, guidelines and procedures. Recommends approval or disapproval of any grant applications based on programmatic considerations. Only the Office of Grants Management has the authority to obligate the Government to the expenditure of funds for grants and cooperative agreements. Serves as liaison with other offices in the Department. Issues and maintains control over mandatory grant awards under the OAA, and makes adjustments to previously issued mandatory grant awards. In coordination with all AoA Headquarters and Regional Support Centers having grant administrative responsibilities: Reviews and assesses AoA mandatory grant award procedures; directs and/or coordinates management initiatives to improve mandatory grant programs in financial areas; develops proposals for improving the efficiency in awarding grants and coordinating financial operations among AoA programs; establishes priorities and develops procedures for grantee financial monitoring; and reviews activities at the field level for all AoA discretionary and mandatory grant programs. For mandatory grant activities, develops financial management standards for State and Area Agencies and provides guidance on and interpretation of applicable Federal regulations to AoA staff. Based on mandatory grants management policies and procedures approved by the Department, reprograms mandatory grant funds as required under the OAA. Following consultation with all Headquarters and Regional Support Centers having grant administrative responsibilities, and with the approval of the Assistant Secretary: Develops AoA instructions and procedures for the administration of the business aspects of all mandatory and formula grants, including those approved in AoA Regional Support Centers. Provides training, technical assistance, overall guidance, monitoring and assistance to AoA staff in all areas of administrative and financial management of grants. Has primary responsibility for developing grants management policy issuances, and ensuring consistent policy interpretation within AoA concerning grants management. Serves as AoA liaison with the Government Accountability Office (GAO), the HHS Office of Inspector General and the Department's Office of Grants on grant matters. Assists at discretionary and mandatory grant hearings, before the Departmental Appeals Board, in response to disallowances and other financial claims by AoA, State Agencies on Aging, and other grantees. Responds to Departmental and Office of Inspector General audit reviews, ensuring proper analysis and resolution of audit findings by Regional Support Centers for final action by the Assistant Secretary. Coordinates receipt and processing of all grants and related materials. 6. *Office of Planning and Policy Development (BE4)* . The Office of Planning and Policy Development
(OPPD)is responsible for analyzing trends in demographics, service needs, public policy and program development, and translating those trends into new policies and programs to assist the elderly. OPPD develops and maintains effective relationships with government and private sector entities and their representatives at the Federal, State and local levels to develop a unified policy toward, and promote the aims of the Older Americans Act; oversees development of more responsive service systems through intergovernmental and private sector initiatives and partnerships to address age-related issues and concerns. Coordinates the development and implementation of the agency's strategic plan that establishes long and short-range goals; objectives, strategies and action plan for advancing the agency's policy and program agenda. Reviews and coordinates all policy and program development documents and activities to ensure consistency with AoA's strategic plan; and adjusts goals and strategies as appropriate. Directs intergovernmental affairs activities as it relates to the agency's policy and program development agenda, and develops and maintains effective relationships with other governmental departments and agencies. Plans, negotiates, facilitates and updates, as appropriate, memoranda of understanding with other departments and agencies to promote agreements and cooperative relationships and ventures that address policies and services affecting the aging population. Maintains information on, and pursues collaborative opportunities with, other Federal agencies, non-profit organizations and private corporations that have the potential to contribute to AoA's policy and program development priorities. Supports the Assistant Secretary for Aging in implementing section 203(1) of the OAA by coordinating, advising, consulting with and cooperating with the head of each department, agency and instrumentality of the Federal Government proposing or administering programs or services substantially related to the objectives of the OAA. Oversees the consultation process by which agency heads must consult with AoA before establishing programs or services related to the OAA. Plans and implements the process for the collaboration of all Federal agencies with AoA in the execution by those agencies of programs and services related to the OAA. Provides technical, program and policy development input on legislative activities and the annual budget development cycle. Participates in Departmental and inter-departmental activities that concern health and social services; reviews and comments on Departmental regulations and policies regarding health programs and institutional and non-institutional long-term care services. Provides agency-wide leadership on the programmatic functions of AoA's discretionary grant programs. Plans and directs activities authorized under Title IV of the OAA as amended. Conducts activities for the development of adequate knowledge for improving the circumstances of older people. Develops a knowledge base for policy decisions and program development and coordination through support of a wide range of research, demonstration, and training activities. Prepares the planning documents for, and coordinates the development of, annual discretionary funds program announcements. Provides technical input for Congressional and budget presentations related to research and demonstration programs. Evaluates research, demonstration and training grant and contract proposals; and recommends approval/disapproval, monitors progress, gives technical guidance to, and evaluates the performance of grantees and contractors. Develops standards and identifies successful service and systems development strategies and best practice models for use by the Aging Network. Develops technical assistance material and dissemination strategies for these strategies, models, and best practice suggestions, in coordination with the other AoA offices. Conducts relevant policy research and program demonstrations to inform policy and program development; undertakes qualitative and quantitative analyses to develop policy options and recommendations for the Assistant Secretary for Aging. Develops policy reports based on the needs and circumstances of older people, their family members and the aging population. Manages a program for the collection, analysis, and dissemination of information related to the needs and problems of older persons. Develops and coordinates initiatives with other Federal agencies, national aging organizations and universities to fill gaps in information in the field of aging. Reviews research findings from the literature and products from AoA, the Aging Network, and other sources regarding information on aging to identify new findings that will be useful to older people and professionals operating in the field of aging. Determines the relative utility of such products, and in collaboration with the Office of Communications, their potential users and the most effective way to disseminate the information to users. Promotes coordination of AoA's research and demonstrations with other national, field and local programs related to aging. Within overall AoA strategy and long-range plans, conducts continuing studies and periodic reviews of needs and resources in the field of aging, and makes recommendations for action to the Assistant Secretary for Aging. C. Center for Program Operations
(BF)BF.00 Mission. BF.10 Organization. BF.20 Functions. *BF.00 Mission.* The Center for Program Operations
(CPO)advises the Assistant Secretary for Aging on and provides leadership related to programs under the OAA. *BF.10 Organization.* A Deputy Assistant Secretary who reports directly to the Assistant Secretary for Aging heads the Center for Program Operations. The Center is organized as follows: Office of the Deputy Assistant Secretary for Program Operations (BF). Office of Evaluation (BFA). Office of Core Programs (BF1). Office for American Indian, Alaskan Native, and Native Hawaiian Programs (BF2). Office of Elder Rights (BF3). Office of Regional Operations (BFD1 to BFDX). BE.20 Functions. 1. *Office of the Deputy Assistant Secretary for Program Operations (BF).* The Office of the Deputy Assistant Secretary for Program Operations (ODASPO) provides program expertise on program development, advocacy and initiatives within assigned areas. Provides leadership on behalf of Titles III, VI and VII of the OAA; those parts of Title II and Title IV of the OAA for which the Office is responsible; and Section 398 of the Public Health Service Act (PHSA). Plans, directs and evaluates the programs under the OAA designed to provide planning, coordination and services to older Americans through grant programs authorized under Titles II, III, IV, VI, and VII of the OAA. Consults with and provides technical assistance to and education for State and Area Agencies on Aging, Tribal grantees, and local community service providers in the development of plans, goals, and system development activities. Ensures that statutory requirements, regulations, policies, and instructions are implemented for Titles III, VI and VII, and for the functions under Title II and Title IV of the OAA for which the Office is responsible, as well as for Section 398 of the PHSA. In addition, the Deputy Assistant Secretary provides oversight and leadership to the Nutrition Officer established in Title II of the OAA who provides technical assistance and guidance to Regional Support Centers, States, Area Agencies on Aging and community service providers. The Deputy Assistant Secretary carries out the functions and serves as the Director of the Office of long-term Care Ombudsman Programs established in Section 201(d)(1) of the OAA. Serves as the effective and visible advocate regarding Federal policies and laws that may adversely affect the health, safety, welfare, or rights of older residents of long-term care facilities; reviews Federal legislation, regulations, and policies regarding long-term care ombudsman programs and makes recommendations to the Secretary and Assistant Secretary; coordinates the activities of AoA with other Federal, State and local entities relating to long-term care ombudsman programs; prepares an annual report to Congress on the effectiveness of services provided by State long-term care ombudsman programs; and establishes standards for the training of State long-term care ombudsman staff. Supervises and provides technical guidance to the Regional Support Centers as they implement the national programs of the OAA. Ensures that clear and consistent guidance is given on program and policy directives. Issues substantive operating procedures to guide Regional staff of AoA in the conduct of their responsibilities; and establishes standards for performance plans and regularly assesses the performance against the established standards. 2. *Office of Evaluation (BFA)* . The Office of Evaluation
(OE)implements, oversees and manages responsibilities assigned by the Government Performance and Results Act of 1993 (GPRA). Interprets AoA goals, priorities, and strategies for consistency with AoA long-range GPRA goals and strategies, and adjusts GPRA goals and strategies accordingly. Provides guidance and technical assistance to AoA organizational units in developing operational plans, particularly in developing measurable objectives and indicators reflecting program and organizational performance. Prepares AoA's annual GPRA plan and report and coordinates with Office of Budget and Finance on the development of the AoA performance budget. Develops AoA plans and priorities for evaluation of AoA grant programs, with subject matter input from appropriate units. Manages contracting for mandated evaluation projects and performs intramural evaluation studies. Prepares reports of the results of program and impact evaluations conducted by and for AoA, with technical input from other AoA units. Provides technical guidance on evaluation activities conducted as part of AoA's discretionary grants programs. Coordinates AoA activities related to the collection, analysis, and dissemination of national and program data on older individuals. Develops and manages all aspects of data requirements associated with home and community-based services programs under Title III of the OAA. Develops and designs the criteria for collecting, analyzing and disseminating program performance data on State and Area Agencies' implementation of OAA programs, and prepares that data for reporting to Congress and the public. Designs, implements and provides guidance and technical assistance to State and Area Agencies on Aging and service providers on data collection and analysis (section 202(b)(28)) and on uniform data collection procedures for State Units on Aging (section 202(b)(29)). Develops and operates, in coordination with the Office of Administrative and Technology Services, a National Aging Program Information System focused on the information needs of AoA and the Network on Aging to both manage and advocate for the delivery of effective and efficient services to the elderly. Provides liaison with the Federal Task Force on Aging Statistics in support of planning and program requirements. Performs routine and special statistical analyses of data for AoA offices, other Federal and non-Federal organizations, and the general public. 3. *Office of Core Programs (BF1)* . The Office of Core Programs
(OCP)serves as the focal point within AoA for the operation, administration, management, and assessment of the programs authorized under Title III of the OAA and section 398 of the PHSA. In addition, the Office performs the functions under Title II of the OAA related to consultation with other Federal agencies and the provision of information about aging services and programs in order to enhance service coordination and delivery. Implements Title III of the OAA through the development of regulations, policies and guidance governing the development and enhancement of comprehensive and coordinated home and community-based care service delivery systems by State and Area Agencies on Aging. This includes implementing and enhancing systems for supportive services and the operation of multi-purpose senior centers, congregate and home-delivered nutrition services, health promotion and disease prevention services, and caregiver support and assistance services. Provides guidance regarding State Plan processing and approval, the process and criteria for approval of States? Intrastate Funding Formulas for the allocation and targeting of resources within States, and implementation of the Interstate Funding Formula for distribution of Title III funds among States. Fosters, oversees, ensures accountability and assesses the implementation of Title III by States and Area Agencies through guidance and direction to Regional staff regarding program reviews and program and system development and enhancements. Designs and provides training and technical assistance for program compliance, effectiveness, and enhancement. Directs and assesses the development of State-administered, home and community-based long-term care systems, and social and supportive services for the elderly. Initiates and encourages expansion of the capacities of home and community-based social service and health care systems to deliver comprehensive services to the elderly. Provides technical and subject matter expertise for the development of these systems, targeted at enhancing the capabilities of State and Area Agencies and local community service delivery programs to improve their service to older people. Coordinates with the Office of Planning and Policy Development to achieve a fully integrated approach for the enhancement of systems of care throughout the nation. Provides specialized input on programs under the OAA to long-range planning, operational plans and the budget process. Carries out the functions of the designated nutrition officer, who coordinates nutritional services under the Act and develops the regulations and guidelines, and provides technical assistance regarding nutrition to the AoA Regional Support Centers, State and Area Agencies, nutrition service providers, and other organizations. Serves as the liaison to the United States Department of Agriculture and other Federal agencies and organizations related to nutrition policy and program issues. Coordinates with the Office of Evaluation to conduct operational studies, program analyses, and evaluations on special issues of concern to the Secretary, the Assistant Secretary, Regional Support Centers, and State and Area Agencies on Aging. Prepares reports on program operations under Title III for the Assistant Secretary, other AoA offices, the Secretary, the President, Congress and the public. Through the analysis of State Plans, evaluation findings and other relevant material, identifies potential Title III program and management issues and develops recommendations to the Assistant Secretary on possible solutions. 4. *Office for American Indian, Alaskan Native, and Native Hawaiian Programs (BF2)* . The Office for American Indian, Alaskan Native, and Native Hawaiian Programs (OAIANNHP) administers programs authorized by Title VI of the Older Americans Act. On behalf of individuals who are older Native Americans, serves as the effective and visible advocate within the Department, with other Departments and agencies of the Federal Government, and with State, local and tribal governments providing leadership and coordination of activities, services and policies affecting American Indians, Alaskan Natives and Native Hawaiian elders. Advocates and promotes linkages among national Indian organizations, national aging organizations, and national provider organizations with the goal of enhancing the interests of and services to Native American elders. Recommends to the Assistant Secretary policies and priorities with respect to the development and operation of programs and activities relating to individuals who are older Native Americans. The Office coordinates activities among other Federal departments and agencies to ensure a continuum of improved services through memoranda of agreements or through other appropriate means of coordination. Carries out the following responsibilities of Title II: Evaluates the outreach under Title III and Title VI and recommends necessary action to improve service delivery, outreach, and coordination between Title III and Title VI services; encourages and assists the provision of information to older Native Americans with need for Supplemental Security Income, Medicaid, food assistance, housing assistance, and transportation assistance; develops research plans, conducts and arranges for research in the field of Native American aging; collects, analyzes, and disseminates information related to problems experienced by older Native Americans, including information on health status of older individuals who are Native Americans, elder abuse, in-home care, and other problems unique to Native Americans; develops, implements, and oversees the uniform data collection procedures for Tribal and Native Hawaiian Organizations; and implements and oversees the consultation requirements of Title II as they apply to Native American issues. Chairs the Interagency Task Force on Older Indians which is comprised of representatives from the Federal departments and agencies with an interest in the welfare of individuals who are older Indians and makes recommendations to the Assistant Secretary at six-month intervals, to facilitate coordination among federally funded programs and improve services to older Indians. Provides the Native American input to the Office of Planning and Policy Development for inclusion in AoA's research plan. In addition, collaborates with the Office of Core Programs on Title VI-Title III coordination. Provides input and feedback to the Office of Planning and Policy Development for the development and operation of Resource Centers on Native American Elders, which gather information, perform research, provide for dissemination of results of the research, and provide technical assistance and training to those who provide services to Native American elders. Provides specialized input on Title VI programs and the Native American components of Title II and Title VII-B programs to other offices for long-range planning, operational plans, research and training, and the budget process. Develops testimony and background documents concerning Native Americans for use by the Assistant Secretary. Serves as the AoA focal point for the administration and assessment of the programs authorized under Title VI and the Native American Organization provisions of Title VII-B of the OAA, including administering grants, cooperative agreements and contracts. Implements the American Indian, Alaskan Native, and Native Hawaiian programs in the field through provision of program and policy direction, training and oversight to the Regional Support Centers in the execution of the Native American components of their Title II, Title VI and Title VII-B responsibilities. Oversees the Regional Support Centers monitoring of Title VI grantees. Arranges for and manages ongoing training and technical assistance for Title VI grantees. Coordinates additional training and technical assistance with other projects managed by the Office of Planning and Policy Development. 5. *Office of Elder Rights (BF3)* . The Office of Elder Rights
(OER)provides support to the Deputy Assistant Secretary for Program Operations for the administration of the ombudsman, elder abuse prevention, legal assistance development, and pension counseling provisions of Titles II and VII of the OAA throughout the Aging Network, including administration of the National Ombudsman Resource Center and the National Center on Elder Abuse, and advising the Assistant Secretary on the operation of those Centers. In addition, OER administers the Senior Medicare Patrol projects under Title IV of the OAA and the Health Insurance Portability and Accountability Act of 1997. Reviews State Plans to determine eligibility for funding under the OAA and recommends approval or disapproval to the Assistant Secretary. Implements Title VII in the field through the provision to Regional Support Centers of guidance and information concerning AoA programs, and the development and interpretation of Title VII program regulations and policy. Ensures the implementation of guidance and instructions concerning long-term care ombudsman, prevention of elder abuse, and elder rights and legal assistance development programs. Provides guidance and leadership in the development of the pension counseling program and effective models for nationwide replication. Fosters, oversees, ensures accountability and assesses the implementation of Title VII by States through guidance and direction to Regional staff regarding program reviews, and program and system development and enhancements. Designs and provides training and technical assistance for program compliance, effectiveness, and enhancement. Conducts staff functions and responsibilities for the operation of the Long-Term Care Ombudsman Program and makes recommendations to the Deputy Assistant Secretary for Program Operations for program and policy enhancement. Serves as the agency's focal point for coordinating, implementing, monitoring, expanding, evaluating, and promoting efforts to provide consumer information, education and protection designed to detect, prevent and report error, fraud and abuse in the Medicare and Medicaid programs. Provides in-depth expertise, information, leadership and technical assistance through the Regional Support Centers to the Senior Medicare Patrol network and serves as a reliable clearinghouse of information for the aging network, older persons and their families. Provides specialized input on Title VII and consumer protection programs to long-range planning, operational plans and the budget process. Develops program plans and instructions for AoA Regional Support Centers and State and Area Agencies to improve the Title VII protection and representational programs funded under the OAA. 6. *Office of Regional Operations (BFD1-BFDX).* The Office of Regional Operations report to the Deputy Assistant Secretary, CPO. The Office of Regional Operations include a coordinating central office liaison and nine Regional Support Centers, each of which is headed by a Regional Administrator (RA). The Regional Support Centers serve as the focal point for the development, coordination and administration of OAA programs within the designated HHS region. Represent the Assistant Secretary for Aging within the region, providing information for, and contributing to the development of, national policy dealing with the elderly. Based on national policy and priorities, establish field program goals and objectives. Serve as the effective and visible advocates for the elderly to Federal agencies in their geographic jurisdiction to ensure the rights of the elderly; advise, consult and cooperate with each Federal agency proposing or administering programs or services related to the aging; coordinate and assist in the planning and development by public (including Federal, State, Tribal and local agencies) and private organizations of comprehensive and coordinated services and opportunities for older individuals in each community of the nation; and conduct active public education of officials and citizens and the aged to ensure broad understanding of the needs and capabilities of the aged. Monitor, assist and evaluate State Agencies on Aging administering programs supported under Titles II, III and VII of the OAA, and Indian Tribal Organizations administering projects under Title VI. Review OAA State Plans on Aging and recommend approval or disapproval to the Assistant Secretary for Aging, as appropriate. Review applications and recommend approval or disapproval of Title VI applications to the Assistant Secretary. Advise the Assistant Secretary of problems and progress of programs through the Deputy Assistant Secretary, CPO; recommend to the Assistant Secretary changes that would improve OAA operations; evaluate the effectiveness of OAA and related programs in the Regions and recommend to the Assistant Secretary or take positive action to gain improvement; and guide agencies and grantees in applications of policy to specific operational issues requiring resolution. Facilitate interagency cooperation at the Federal, Regional Support Center, State and Tribal levels to enhance resources and assistance available to the elderly. Disseminate and provide technical assistance regarding program guidelines and developments to State and Area Agencies, Indian Tribal Organizations and local community service providers. II. *Delegations of Authority:* All delegations and redelegations of authority made to officials and employees of affected organizational components will continue in them or their successors pending further redelegations. III. *Funds, Personnel and Equipment:* Transfer of organizations and functions affected by this reorganization shall be accompanied in each instance by direct and support funds, positions, personnel, records, equipment, supplies and other resources. Dated: December 26, 2007. Michael O. Leavitt, Secretary. [FR Doc. E8-39 Filed 1-7-08; 8:45 am] BILLING CODE 4154-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-08-0212] Proposed Data Collections Submitted for Public Comment and Recommendations In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention
(CDC)will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the data collection plans and instruments, call 404-639-5960 and send comments to Maryam I. Daneshvar, CDC Acting Reports Clearance Officer, 1600 Clifton Road, MS-D74, Atlanta, GA 30333 or send an e-mail to *omb@cdc.gov* . 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;
(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 respondents, including through the use of automated collection techniques or other forms of information technology. Written comments should be received within 60 days of this notice. Proposed Project National Hospital Discharge Survey—Revision—The National Hospital Discharge Survey
(NHDS)(OMB# 0920-0212), National Center for Health Statistics (NCHS), Centers for Disease Control and Prevention (CDC). Background and Brief Description Section 306 of the Public Health Service
(PHS)Act (42 U.S.C. 242k), as amended, authorizes that the Secretary of Health and Human Services (DHHS), acting through NCHS, shall collect statistics on the extent and nature of illness and disability of the population of the United States. This three-year clearance request includes the data collection in 2008 and 2009 using the current NHDS design; a pretest of a new design; and data collection for 2010 and 2011 of the survey using the new design. Current NHDS The National Hospital Discharge Survey
(NHDS)has been conducted continuously by the National Center for Health Statistics, CDC, since 1965. It is the principal source of data on inpatient utilization of short-stay, non-Federal hospitals and is the principal annual source of nationally representative estimates on the characteristics of discharges, the lengths of stay, diagnoses, surgical and non-surgical procedures, and the patterns of use of care in hospitals in various regions of the country. It is the benchmark against which special programmatic data sources are measured. The data items collected are the basic core of the variables contained in the Uniform Hospital Discharge Data Set (UHDDS) in addition to several variables (admission source and type, admitting diagnosis and present on admission indicators) which are identical to those needed for billing of inpatient services for Medicare patients. In the current survey, data are obtained in one of three ways: Abstracted by hospital staff; abstracted by Bureau of the Census Staff under an interagency agreement; and provided in electronic format. Due to budgetary constraints, the number of hospitals and the number of discharges for the 2008 and 2009 NHDS data collections will decrease by approximately 50% from previous years. Redesigned NHDS Although the current NHDS is still fulfilling its intended functions, it is based on concepts from the health care delivery system, as well as the hospital and patient universes, of previous decades. It has become clear that a redesign of the NHDS that provides greater depth of information is necessary. In 2008, a sample of 40 hospitals will be selected for a pretest. These hospitals will not be a probability sample, but instead will be intentionally selected to include hospitals of differing size, location and other characteristics related to their service and patient clientele. In 2010, a redesigned NHDS will be implemented and will consist of a completely new sample of approximately 240 hospitals. The redesigned NHDS will use a modified two stage design. The first stage sampling will be hospitals. The second stage of sampling will be discharges. A stratified, random sample of 120 discharges is targeted within each hospital. In the redesigned survey all data will be abstracted by trained health care staff under contract. All data will be obtained from hospital records and charts and computer systems. The current data items will be collected with significant additional details. Patient level data items to be collected include personal identifiers such as Social Security number, name and medical record number; clinical laboratory results such as hematocrit and white blood cell count; and financial billing and record data. The survey includes detailed questions for three modules: Acute myocardial infarction; infectious disease; and end of life issues. Facility level data items include demographic information, clinical capabilities, and financial information. Users of NHDS data include, but are not limited to the CDC; the Congressional Research Office; the Office of the Assistant Secretary for Planning and Evaluation (ASPE); American Health Care Association, Centers for Medicare and Medicaid Services (CMS), and Bureau of the Census. Data collected through the NHDS are essential for evaluating health status of the population, for the planning of programs and policy to elevate the health status of the Nation, for studying morbidity trends, and for research activities in the health field. NHDS data have been used extensively in the development and monitoring of goals for the Year 2000 and 2010 Healthy People Objectives. In addition, NHDS data provide annual updates for numerous tables in the Congressionally-mandated NCHS report, Health, United States. Other users of these data include universities, contract research organizations, many in the private sector, foundations, and a variety of users in the print media. There is no cost to respondents other than their time to participate. Estimated Annualized Burden Hours Hospitals Number of respondents Number of responses per respondent Hours per response Response burden (hours) Current NHDS: Primary Procedure abstracting 13 250 6/60 325 Alternate (Census) Procedure (pulling & refiling records) 41 250 1/60 171 In-House Tape or Printout Hospital (programming) 29 12 13/60 75 Induction 10 1 2 20 Sub-total 591 Redesign HDS Pre-test: Survey presentation to hospital 13 1 1 13 Facility questionnaire 13 1 4.1 53 Sample discharges and obtain data 13 10 14/60 30 Debrief hospital staff 13 1 1 13 Quality control 2 25 14/60 12 Sub-total 121 Redesign Survey 2010 & 2011: Survey presentation to hospital 160 1 1 160 Facility questionnaire 80 1 4.1 328 Sample discharges and obtain data 160 120 14/60 4,480 Pre-testing of new data elements 13 120 5/60 130 Quality control 3 25 14/60 18 Non-response study 27 1 2 54 Sub-total 5,170 Total 5,882 Dated: December 27, 2007. Maryam I. Daneshvar, Acting Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E8-51 Filed 1-7-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services Notice of hearing: Reconsideration of Disapproval of California's State Plan Amendment
(SPA)06-019B AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice of hearing. SUMMARY: This notice announces an administrative hearing to be held on February 15, 2008, at the CMS San Francisco Regional Office, 90 7th Street, 5th Floor, Room 5A, San Francisco, California 94103, to reconsider CMS' decision to disapprove California's SPA 06-019B. Closing Date: Requests to participate in the hearing as a party must be received by the presiding officer by January 23, 2008. FOR FURTHER INFORMATION CONTACT: Kathleen Scully-Hayes, Presiding Officer, CMS, Lord Baltimore Drive, Mail Stop LB-23-20, Baltimore, MD 21244, Telephone:
(410)786-2055. SUPPLEMENTARY INFORMATION: This notice announces an administrative hearing to reconsider CMS' decision to disapprove California's SPA #06-019B which was submitted on December 27, 2006. Under this SPA, the State was seeking to provide direct reimbursement effective October 1, 2006, to Medicaid recipients where the recipient obtains and pays for Medicaid services after receiving a Medicaid card. The amendment was disapproved because it did not comport with the requirements of sections 1902(a)(10), 1902(a)(32), and 1905(a) of the Social Security Act (the Act) and Federal regulations at 42 CFR 431.246, 431.250, and 447.15. The following are the issues to be considered at the hearing: • Would payments under the proposed SPA that would be made directly to Medicaid recipients for services furnished after the recipients have been determined to be eligible (and not during a retroactive eligibility period) be within the scope of the definition of “medical assistance” referenced in section 1902(a)(10) and set forth in section 1905(a) of the Act? The definition at section 1905(a) specifically limits medical assistance to payments made to providers of covered services (the “vendor payment principle”), and contains an express statutory exception permitting direct payment to recipients only for physician and dentist services; the proposed SPA does not appear to be limited to payments for these service categories. • Would payments under the proposed SPA that are made directly to Medicaid recipients for services furnished after the recipients have been determined eligible (and not during a retroactive eligibility period) be consistent with the requirement of section 1902(a)(32) of the Act? That section limits payment under the plan to amounts paid directly to providers (or certain assignees of those providers). This statutory requirement ensures that recipients obtain covered services from participating providers who bill the Medicaid program rather than the recipient, and accept the State's payment, including a payment of zero dollars, as payment in full. (See 42 CFR 447.15.) • Would payments under the proposed SPA that are made directly to Medicaid recipients for services furnished after the recipients have been determined eligible (and not during a retroactive eligibility period) be within the regulatory exception at 42 CFR 431.246 and 431.250(b) to the vendor payment principle? Those sections provide for corrective payments based on a successful appeal by a recipient who, pending the appeal decision, sought and paid for covered services. Such a circumstance in the context of SPA 06-019B would exist where a recipient appealed the State's determination of the amount of the recipient's “share of cost” for covered services. But, SPA 06-019B does not appear to limit such payment to these exceptions to the vendor payment rule. • Is there any binding judicial decision that would permit the Federal Government to participate in the payments contemplated in the proposed SPA? The United States was not a party to a California State Court case that apparently addressed the issues, and is not bound by that decision. Moreover, under regulations at 42 CFR 431.250 that provide for Federal participation in payments made under court order, the services must be provided within the scope of the Medicaid program under Federal law. Services that are billed directly to the recipient (and not part of a retroactive eligibility period) are outside of the Federal definition of medical assistance, and thus are not within the scope of the Federal Medicaid program. • Is there any statutory or regulatory conflict providing a basis to conclude that the express statutory provisions establishing the vendor payment principle could not practically be applied? CMS has recognized such a conflict as the basis for permitting an exception to the vendor payment principle during a retroactive period, but such a conflict does not appear to be present in this instance. • Are direct payments to recipients who have been determined eligible consistent with accuracy, efficiency, and effectiveness of the State Medicaid program in serving those recipients? Section 1116 of the Act and Federal regulations at 42 CFR Part 430, establish Department procedures that provide an administrative hearing for reconsideration of a disapproval of a State plan or plan amendment. CMS is required to publish a copy of the notice to a State Medicaid agency that informs the agency of the time and place of the hearing, and the issues to be considered. If we subsequently notify the agency of additional issues that will be considered at the hearing, we will also publish that notice. Any individual or group that wants to participate in the hearing as a party must petition the presiding officer within 15 days after publication of this notice, in accordance with the requirements contained at 42 CFR 430.76(b)(2). Any interested person or organization that wants to participate as amicus curiae must petition the presiding officer before the hearing begins in accordance with the requirements contained at 42 CFR 430.76(c). If the hearing is later rescheduled, the presiding officer will notify all participants. The notice to California announcing an administrative hearing to reconsider the disapproval of its SPA reads as follows: Mr. Stan Rosenstein, Chief Deputy Director, Health Care Program, Health and Human Services Agency, 1501 Capitol Avenue, MS 4506, P.O. Box 997413, Sacramento, CA 99859-7413. Dear Mr. Rosenstein: I am responding to your request for reconsideration of the decision to disapprove California's State plan amendment
(SPA)06-109B, which was submitted on December 27, 2006. Under this SPA, the State was seeking to provide direct reimbursement, effective October 1, 2006, to Medicaid recipients where the recipient obtains and pays for Medicaid services after receiving a Medicaid card. The amendment was disapproved because it did not comport with the requirements of sections 1902(a)(10), 1902(a)(32), and 1905(a) of the Social Security Act (the Act) and Federal regulations at 42 CFR sections 431.246, 431.250, and 447.15. The following are the issues to be considered at the hearing: • Would payments under the proposed SPA that would be made directly to Medicaid recipients for services furnished after the recipients have been determined to be eligible (and not during a retroactive eligibility period) be within the scope of the definition of “medical assistance” referenced in section 1902(a)(10) and set forth in section 1905(a) of the Act? The definition at section 1905(a) specifically limits medical assistance to payments made to providers of covered services (the “vendor payment principle”), and contains an express statutory exception permitting direct payment to recipients only for physician and dentist services; the proposed SPA does not appear to be limited to payments for these service categories. • Would payments under the proposed SPA that are made directly to Medicaid recipients for services furnished after the recipients have been determined eligible (and not during a retroactive eligibility period) be consistent with the requirement of section 1902(a)(32) of the Act? That section limits payment under the plan to amounts paid directly to providers (or certain assignees of those providers). This statutory requirement ensures that recipients obtain covered services from participating providers who bill the Medicaid program rather than the recipient, and accept the State's payment, including a payment of zero dollars, as payment in full. (See 42 CFR 447.15.) • Would payments under the proposed SPA that are made directly to Medicaid recipients for services furnished after the recipients have been determined eligible (and not during a retroactive eligibility period) be within the regulatory exception at 42 CFR 431.246 and 431.250(b) to the vendor payment principle? Those sections provide for corrective payments based on a successful appeal by a recipient who, pending the appeal decision, sought and paid for covered services. Such a circumstance in the context of SPA 06-019B would exist where a recipient appealed the State's determination of the amount of the recipient's “share of cost” for covered services. But, SPA 06-019B does not appear to limit such payment to these exceptions to the vendor payment rule. • Is there any binding judicial decision that would permit the Federal Government to participate in the payments contemplated in the proposed SPA? The United States was not a party to a California State Court case that apparently addressed the issues and is not bound by that decision. Moreover, under regulations at 42 CFR 431.250 that provide for Federal participation in payments made under court order, the services must be provided within the scope of the Medicaid program under Federal law. Services that are billed directly to the recipient (and not part of a retroactive eligibility period) are outside of the Federal definition of medical assistance, and thus are not within the scope of the Federal Medicaid program. • Is there any statutory or regulatory conflict providing a basis to conclude that the express statutory provisions establishing the vendor payment principle could not practically be applied? CMS has recognized such a conflict as the basis for permitting an exception to the vendor payment principle during a retroactive period, but such a conflict does not appear to be present in this instance. • Are direct payments to recipients who have been determined eligible consistent with accuracy, efficiency, and effectiveness of the State Medicaid program in serving those recipients? I am scheduling a hearing on your request for reconsideration to be held on February 15, 2008, at the CMS San Francisco Regional Office, 90 7th Street, 5th Floor, Room 5A, San Francisco, California 94103, to reconsider the decision to disapprove SPA 06-019B. If this date is not acceptable, we would be glad to set another date that is mutually agreeable to the parties. The hearing will be governed by the procedures prescribed by Federal regulations at 42 CFR Part 430. I am designating Ms. Kathleen Scully-Hayes as the presiding officer. If these arrangements present any problems, please contact the presiding officer at
(410)786-2055. In order to facilitate any communication which may be necessary between the parties to the hearing, please notify the presiding officer to indicate acceptability of the hearing date that has been scheduled and provide names of the individuals who will represent the State at the hearing. Sincerely, Kerry Weems, Acting Administrator. (Section 1116 of the Social Security Act (42 U.S.C. 1316); 42 CFR 430.18) (Catalog of Federal Domestic Assistance program No. 13.714, Medicaid Assistance Program.) Dated: January 2, 2008. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E8-109 Filed 1-7-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2007N-0462] Compliance Policy Guide Sec. 555.700 Revocation of Tolerances for Cancelled Pesticides (CPG 7120.29); Withdrawal AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing the withdrawal of Compliance Policy Guide Sec. 555.700 Revocation of Tolerances for Cancelled Pesticides (CPG 7120.29) (CPG Sec. 555.700). CPG Sec. 555.700 is no longer necessary because the policy stated in the CPG is obsolete. Elsewhere in this issue of the **Federal Register** , FDA is announcing the availability of a draft revision of CPG Sec. 575.100 Pesticide Chemical Residues in Food and Feed—Enforcement Criteria (CPG 7141.01) (CPG Sec 575.100). DATES: The withdrawal is effective January 8, 2008. ADDRESSES: Submit written requests for single copies of CPG Sec. 555.700 to the Division of Compliance Policy (HFC-230), Office of Enforcement, Office of Regulatory Affairs, Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857. Send two self-addressed adhesive labels to assist that office in processing your request or fax your request to 240-632-6861. A copy of the CPG may be seen in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: Michael E. Kashtock, Center for Food Safety and Applied Nutrition, Food and Drug Administration, College Park, MD 20740-3835, 301-436-2022, FAX 301-436-2651. SUPPLEMENTARY INFORMATION: CPG Sec. 555.700 stated FDA's policy to routinely establish action levels for pesticide chemical residues to replace tolerances that are revoked when the Environmental Protection Agency
(EPA)cancels registration for the pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act. Such residues may persist in the environment for many years. Section 408(l)(4) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(l)(4)), as amended by the Food Quality Protection Act of 1996, authorizes EPA to establish tolerances for pesticide chemical residues that will unavoidably persist in the environment. Therefore, because EPA may establish tolerances for such pesticide chemical residues, the policy set forth in CPG Sec. 555.700 is obsolete. Consequently, FDA is withdrawing CPG Sec. 555.700, in its entirety, to eliminate this obsolete policy. Previously established action levels are listed in FDA's CPG Sec. 575.100 Pesticide Chemical Residues in Food and Feed—Enforcement Criteria (CPG 7141.01). A notice announcing availability of a draft revision of CPG Sec. 575.100 is published elsewhere in this issue of the **Federal Register** . Dated: December 31, 2007. Margaret O'K. Glavin, Associate Commissioner for Regulatory Affairs. [FR Doc. E8-127 Filed 1-7-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2007D-0463] Draft, Revised Compliance Policy Guide Sec. 575.100 Pesticide Chemical Residues in Food—Enforcement Criteria (CPG 7141.01); Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice SUMMARY: The Food and Drug Administration
(FDA)is announcing the availability of draft, revised Compliance Policy Guide
(CPG)Sec. 575.100 Pesticide Chemical Residues in Food—Enforcement Criteria (CPG 7141.01) (the draft CPG). The draft CPG is intended to provide guidance to FDA staff on FDA's internal enforcement processes concerning pesticide chemical residues in food. Elsewhere in this issue of the **Federal Register** , FDA is announcing the withdrawal of Compliance Policy Guide Sec. 555.700 Revocation of Tolerances for Cancelled Pesticides (CPG 7120.29) (CPG Sec. 555.700). DATES: Although you can comment on any guidance at any time (see 21 CFR 10.115 (g)(5)), to ensure that the agency considers your comment on the draft CPG before it begins work on the final version of the CPG, submit written or electronic comments on the draft CPG by March 10, 2008. ADDRESSES: Submit written requests for single copies of the draft CPG to the Division of Compliance Policy (HFC-230), Office of Enforcement, Office of Regulatory Affairs, Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857. Send two self-addressed adhesive labels to assist that office in processing your request, or fax your request to 240-632-6861. Submit written comments on the draft CPG to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, room 1061, Rockville, MD 20852. Submit electronic comments to *http://www.fda.gov/dockets/ecomments* . See the SUPPLEMENTARY INFORMATION section for access to the draft CPG. FOR FURTHER INFORMATION CONTACT: Michael E. Kashtock, Center for Food Safety and Applied Nutrition (HFS-317), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740-3835, 301-436-2022, FAX 301-436-2651. SUPPLEMENTARY INFORMATION: I. Background FDA is revising CPG Sec. 575.100 Pesticide Chemical Residues in Food—Enforcement Criteria (CPG 7141.01) to reflect the changes in pesticide law, including the changes in the Federal Food, Drug, and Cosmetic Act (the Act) made by the Food Quality Protection Act of 1996 (FQPA). Subsequent to the FQPA, certain additional amendments related to pesticide provisions in the Act were made in the Antimicrobial Regulation Technical Corrections Act of 1998 (ARTCA) (Public Law 105-324). However, the ARTCA amendments do not affect the enforcement policy set forth in the draft CPG. The draft CPG is intended to provide clear policy and regulatory guidance to FDA's field and headquarters staff with regard to pesticide residue issues. It also contains information that may be useful to the regulated industry and to the public. The draft CPG is being issued as a Level 1 guidance consistent with FDA's good guidance practices regulation (21 CFR 10.115). The draft CPG, when finalized, will represent the agency's current thinking on enforcement policy relating to pesticide chemical residues. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirements of the applicable statutes and regulations. II. Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES ) written or electronic comments on the draft CPG. Submit a single copy of electronic comments or two paper copies of any mailed comments, except that individuals may submit one paper copy. Comments are to be identified with the docket number found in brackets in the heading of this document. A copy of the draft CPG and received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. III. Electronic Access Persons with access to the Internet may obtain the draft CPG from the Office of Regulatory Affairs home page. It may be accessed at *http://www.fda.gov/ora* under “Compliance References.” Dated: December 31, 2007. Margaret O'K. Glavin, Associate Commissioner for Regulatory Affairs. [FR Doc. E8-123 Filed 1-7-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2006D-0063] Guidance for Industry and Food and Drug Administration Staff; The Review and Inspection of Premarket Approval Application Manufacturing Information and Operations; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing the availability of the guidance entitled “The Review and Inspection of Premarket Approval Application Manufacturing Information and Operations.” This guidance document explains for premarket approval application
(PMA)applicants the process involved with the review of a PMA manufacturing section and inspection of the manufacturing operations described in the manufacturing section. This guidance is also generally applicable to the process involved with the review of manufacturing information in certain PMA supplements. The procedural information outlined in this document should help applicants and FDA schedule and complete their work in a timely manner. DATES: Submit written or electronic comments on this guidance at any time. General comments on agency guidance documents are welcome at any time. ADDRESSES: Submit written requests for single copies of the guidance document entitled “The Review and Inspection of Premarket Approval Application Manufacturing Information and Operations” to the Division of Small Manufacturers, International, and Consumer Assistance (HFZ-220), Center for Devices and Radiological Health, Food and Drug Administration, 1350 Piccard Dr., Rockville, MD 20850. Send one self-addressed adhesive label to assist that office in processing your request, or fax your request to 240-276-3151. See the SUPPLEMENTARY INFORMATION section for information on electronic access to the guidance. Submit written comments concerning this guidance to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to *http://www.fda.gov/dockets/ecomments* or *http://www.regulations.gov* . Identify comments with the docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Timothy A. Ulatowski, Center for Devices and Radiological Health (HFZ-300), Food and Drug Administration, 9200 Corporate Blvd., Rockville, MD 20850, 240-276-0100. SUPPLEMENTARY INFORMATION: I. Background On October 26, 2002, MDUFMA (Public Law 107-250), amended the Federal Food, Drug, and Cosmetic Act (the act). Among other things, MDUMFA authorized the collection of user fees to improve the performance and predictability of FDA's device premarket review process, which includes PMAs. FDA, in consultation with the regulated industry, agreed to dedicate user fees to help the agency achieve performance goals, including the predictability of scheduling and timeliness of preapproval inspections. This final guidance document, “The Review and Inspection of Premarket Approval Application Manufacturing Information and Operations,” explains for PMA applicants the administrative process FDA intends to follow in its review of the PMA manufacturing section information and the inspection of the particular manufacturing facility and its manufacturing operations. This final guidance document supersedes the corresponding draft guidance issued on June 19, 2006 (71 FR 35275 through 35276). The comment period for the draft guidance document closed on September 18, 2006. During the comment period, we received several comments and recommendations. Two comments recommended that the agency inspect pilot manufacturing operations or the manufacture of a surrogate product in lieu of inspecting the complete manufacturing operation described in the PMA manufacturing section. FDA disagrees with this recommendation as the statute does not provide such an alternative. The statute requires the agency to determine whether the manufacturing operations, as described in the PMA, conform to good manufacturing practice requirements. Several comments recommended clarification of certain terms related to the process involved with scheduling inspections and factors that affect the PMA manufacturing section review process. The agency incorporated many of the suggested clarifications. II. Significance of Guidance This guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents the agency's current thinking on “The Review and Inspection of Premarket Approval Application Manufacturing Information and Operations.” It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirements of the applicable statute and regulations. III. Electronic Access Persons interested in obtaining a copy of the guidance may do so by using the Internet. To receive “The Review and Inspection of Premarket Approval Application Manufacturing Information and Operations,” you may either send an e-mail request to *dsmica@fda.hhs.gov* to receive an electronic copy of the document or send a fax request to 240-276-3151 to receive a hard copy. Please use the document number 1566 to identify the guidance you are requesting. CDRH maintains an entry on the Internet for easy access to information including text, graphics, and files that may be downloaded to a personal computer with Internet access. Updated on a regular basis, the CDRH home page includes device safety alerts, **Federal Register** reprints, information on premarket submissions (including lists of approved applications and manufacturers' addresses), small manufacturer's assistance, information on video conferencing and electronic submissions, Mammography Matters, and other device-oriented information. The CDRH Web site may be accessed at *http://www.fda.gov/cdrh* . A search capability for all CDRH guidance documents is available at *http://www.fda.gov/cdrh/guidance.html* . Guidance documents are also available on the Division of Dockets Management Internet site at *http://www.fda.gov/ohrms/dockets* . IV. Paperwork Reduction Act of 1995 This guidance refers to previously approved collections of information found in FDA regulations. These collections of information are subject to review by the Office of Management and Budget
(OMB)under the Paperwork Reduction Act of 1995 (44 USC 3501-3520). The collections of information in 21 CFR part 814 have been approved under OMB Control Number 0910-0231; and the collections of information in 21 CFR part 820 have been approved under OMB Control Number 0910-0073. V. Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES ), written or electronic comments regarding this document. Submit electronic comments to *http://www.fda.gov/dockets/ecomments* . Submit a single copy of electronic comments or two paper copies of any mailed comments, except that individuals may submit one paper copy. Comments are to be identified with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Dated: December 20, 2007. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E8-126 Filed 1-7-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2006D-0228] Guidance for Industry and Food and Drug Administration Staff; The Review and Inspection of Premarket Approval Applications Under the Bioresearch Monitoring Program; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing the availability of the guidance entitled “The Review and Inspection of Premarket Approval Applications Under the Bioresearch Monitoring Program.” This guidance provides premarket approval application
(PMA)applicants with information about the bioresearch monitoring
(BIMO)review process. This includes a BIMO evaluation of clinical and nonclinical information in the PMA and certain PMA supplements as well as preapproval BIMO inspections. The procedural information outlined in this document should help applicants and FDA to better understand the BIMO review and inspection so it can proceed in a timely manner. DATES: Submit written or electronic comments on this guidance at any time. General comments on agency guidance documents are welcome at any time. ADDRESSES: Submit written requests for single copies of the guidance document entitled “The Review and Inspection of Premarket Approval Applications Under the Bioresearch Monitoring Program” to the Division of Small Manufacturers, International, and Consumer Assistance (HFZ-220), Center for Devices and Radiological Health, Food and Drug Administration, 1350 Piccard Dr., Rockville, MD 20850. Send one self-addressed adhesive label to assist that office in processing your request, or fax your request to 240-276-3151. See the SUPPLEMENTARY INFORMATION section for information on electronic access to the guidance. Submit written comments concerning this guidance to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to *http://www.fda.gov/dockets/ecomments* or *http://www.regulations.gov* . Identify comments with the docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Matthew J. Tarosky, Center for Devices and Radiological Health (HFZ-300), Food and Drug Administration, 9200 Corporate Blvd., Rockville, MD 20850, 240-276-0243. SUPPLEMENTARY INFORMATION: I. Background On October 26, 2002, the Medical Device User Fee and Modernization Act of 2002 (MDUFMA) (Public Law 107-250) was signed into law. Among other things, MDUMFA authorized the collection of user fees to improve the performance and predictability of FDA's device review program, including premarket approval applications (PMAs). One such goal included a commitment to improve the scheduling and timeliness of PMA preapproval inspections. A portion of the user fees collected under MDUFMA will be used to help to cover the costs associated with the bioresearch monitoring
(BIMO)program review of a PMA and the performance of any related clinical or nonclinical inspections. This final guidance document supersedes the corresponding draft guidance entitled “The Review and Inspection of Premarket Approval Applications Under the Bioresearch Monitoring Program,” which was announced in the **Federal Register** on June 20, 2006 (71 FR 35436 through 35437). The comment period for the draft guidance closed on September 18, 2006. During this time, FDA received one set of comments from a device manufacturer concerning the draft guidance. Some of the comments suggested combining the BIMO and manufacturing preapproval inspections. FDA did not make changes in response to these comments because preapproval BIMO and manufacturing inspections can not be performed at the same time. Compared to the preapproval manufacturing inspection program, the BIMO program has different objectives, usually involves inspections of different sites, and FDA investigators with different expertise. FDA did modify the guidance to respond to comments that requested further information about criteria for selecting inspection sites and determining when followup actions are necessary. II. Significance of Guidance This guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents the agency's current thinking on “The Review and Inspection of Premarket Approval Applications Under the Bioresearch Monitoring Program.” It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirements of the applicable statute and regulations. III. Electronic Access Persons interested in obtaining a copy of the guidance may do so by using the Internet. To receive “The Review and Inspection of Premarket Approval Applications Under the Bioresearch Monitoring Program,” you may either send an e-mail request to *dsmica@fda.hhs.gov* to receive an electronic copy of the document or send a fax request to 240-276-3151 to receive a hard copy. Please use the document number 1602 to identify the guidance you are requesting. CDRH maintains an entry on the Internet for easy access to information including text, graphics, and files that may be downloaded to a personal computer with Internet access. Updated on a regular basis, the CDRH home page includes device safety alerts, **Federal Register** reprints, information on premarket submissions (including lists of approved applications and manufacturers' addresses), small manufacturer's assistance, information on video conferencing and electronic submissions, Mammography Matters, and other device-oriented information. The CDRH Web site may be accessed at *http://www.fda.gov/cdrh* . A search capability for all CDRH guidance documents is available at *http://www.fda.gov/cdrh/guidance.html* . Guidance documents are also available on the Division of Dockets Management Internet site at *http://www.fda.gov/ohrms/dockets* . IV. Paperwork Reduction Act of 1995 This guidance refers to previously approved collections of information found in FDA regulations. These collections of information are subject to review by the Office of Management and Budget
(OMB)under the Paperwork Reduction Act of 1995 (44 USC 3501-3520). The collections of information in 21 CFR part 814 have been approved under OMB Control Number 0910-0231. V. Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES ), written or electronic comments regarding this document. Submit electronic comments to *http://www.fda.gov/dockets/ecomments* . Submit a single copy of electronic comments or two paper copies of any mailed comments, except that individuals may submit one copy. Comments are to be identified with the docket number found in brackets in the heading of this document. Received comments received may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Dated: December 20, 2007. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E8-143 Filed 1-7-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Toxicology Program (NTP); NTP Interagency Center for the Evaluation of Alternative Toxicological Methods (NICEATM); Announcement of an Independent Scientific Peer Review Panel Meeting on the Murine Local Lymph Node Assay; Availability of Draft Background Review Documents; Request for Comments AGENCY: National Institute of Environmental Health Sciences (NIEHS), National Institutes of Health (NIH). ACTION: Meeting announcement and request for comments. SUMMARY: NICEATM in collaboration with the Interagency Coordinating Committee on the Validation of Alternative Methods (ICCVAM) announces an independent scientific peer review panel meeting to evaluate modifications and new applications for the Murine Local Lymph Node Assay (LLNA). The LLNA is an alternative test method that can be used to determine the allergic contact dermatitis potential of chemicals and products. The panel will review the following: • The validation status of three modified LLNA test method protocols that use non-radioactive probe chemicals. • The validation status of a LLNA limit dose procedure. • The use of the LLNA to test mixtures, aqueous solutions, and metals (applicability domain for the LLNA). • The use of the LLNA to determine potency (potential for causing allergic contact dermatitis). • Revised draft recommended performance standards for the LLNA. At this meeting, the panel will peer review the draft background review documents and revised draft LLNA performance standards for each topic and evaluate the extent that established validation and acceptance criteria have been appropriately addressed. The panel will also comment on the extent that the review documents support draft ICCVAM recommendations on proposed test method protocols, proposed uses of the LLNA, and the revised draft LLNA performance standards. NICEATM invites public comments on the draft background review documents, draft ICCVAM test recommendations, draft test method protocols, and revised draft LLNA performance standards. All documents will be available on the NICEATM-ICCVAM Web site at *http://iccvam.niehs.nih.gov/methods/immunotox/immunotox.htm* by January 8, 2008. DATES: The meeting is scheduled for March 4-6, 2008, from 8:30 a.m. to 5 p.m. each day. The meeting is open to the public free of charge, with attendance limited only by the space available. In order to facilitate planning for this meeting, persons wishing to attend are asked to register by February 20, 2008, via the NICEATM-ICCVAM Web site ( *http://iccvam.niehs.nih.gov/contact/reg_LLNAPanel.htm* ). The deadline for written comments is February 22, 2008. ADDRESSES: The meeting will be held at the U.S. Consumer Product Safety Commission
(CPSC)Headquarters, Bethesda Towers Bldg., 4330 East West Highway, Bethesda, MD. FOR FURTHER INFORMATION CONTACT: Comments may also be submitted via the NICEATM-ICCVAM Web site at *http://iccvam.niehs.nih.gov/contact/FR_pubcomment.htm* . Comments or other correspondence can be sent to Dr. William S. Stokes, NICEATM Director, NIEHS, P.O. Box 12233, MD EC-17, Research Triangle Park, NC, 27709, (phone) 919-541-2384,
(fax)919-541-0947, (e-mail) *niceatm@niehs.nih.gov.* Courier address: NICEATM, 79 T.W. Alexander Drive, Building 4401, Room 3128, Research Triangle Park, NC 27709. SUPPLEMENTARY INFORMATION: Background The LLNA is a reduction and refinement alternative test method for skin sensitization testing because it reduces the number of animals needed and can substantially reduce or avoid pain and distress compared to traditional guinea pig testing methods for sensitization. The LLNA was the first alternative test method evaluated and recommended by ICCVAM (NIH Publication No. 99-4494, available at: *http://iccvam.niehs.nih.gov/docs/immunotox_docs/llna/llnarep.pdf* ). Based on the recommendations of ICCVAM and an independent scientific peer review panel, U.S. and international regulatory authorities have accepted the LLNA as an alternative to the guinea pig maximization test and Buehler test for assessing allergic contact dermatitis (ISO 2002; OECD 2002; EPA 2003). This review will evaluate the potential for broader use of the LLNA for regulatory testing of chemicals and products for allergic contact dermatitis potential, enabling further reduction and refinement (less pain and suffering) of animal use for this purpose. In January 2007, the CPSC submitted a nomination requesting that NICEATM and ICCVAM assess the validation status of
(1)the LLNA as a stand-alone assay for potency determination for hazard classification purposes;
(2)modified LLNA protocols;
(3)the LLNA limit test;
(4)the use of the LLNA to test mixtures, aqueous solutions, and metals; and
(5)the applicability domain for the LLNA. In June 2007, the Scientific Advisory Committee on Alternative Toxicological Methods (SACATM) endorsed these activities as high priorities for ICCVAM. NICEATM on behalf of ICCVAM also sought input from the public on these activities ( **Federal Register** : Vol. 72, No. 95, pages 27815-27817, May 17, 2007). After considering these inputs, ICCVAM endorsed these activities as high priorities. ICCVAM is also developing performance standards to facilitate evaluation of modified LLNA protocols compared to the traditional LLNA. Although ICCVAM has routinely developed performance standards for test methods since 2003, they were not developed as part of the ICCVAM evaluation of the LLNA in 1998. These draft performance standards for the LLNA were made public and comments were requested via the **Federal Register** (Vol. 72, No. 176, pages 52130-52131, Sept. 12, 2007). The May 2007 **Federal Register** notice requested data from studies using the LLNA or modified versions of the LLNA. Drawing on the submitted data and literature sources, ICCVAM and NICEATM drafted background review documents for each of the modifications and new applications of the LLNA. ICCVAM has also developed draft test method recommendations regarding the proposed usefulness, limitations, and validation status of these test methods. ICCVAM will convene an independent scientific panel to peer review the draft background review documents for the test methods and determine whether the data and analyses in the draft documents support the draft ICCVAM test method recommendations. The panel will also be asked to comment on the adequacy of the revised draft performance standards, proposed future studies, draft standardized test method protocols, and recommended reference substances. NICEATM will ask the panel to consider all available information, including the scientific studies cited in the draft review documents, public comments, and any new information identified during the peer review, for developing their conclusions and recommendations. Peer Review Panel Meeting The purpose of this meeting is to conduct a scientific peer review of the revised draft performance standards and an evaluation of modifications and new applications for the LLNA. The LLNA is an alternative test method that can be used to determine the allergic contact dermatitis potential of chemicals and products. The panel will review the following: • The LLNA as a stand-alone assay for potency determination for hazard classification purposes • Modified LLNA protocols • The LLNA limit test • The use of the LLNA to test mixtures, aqueous solutions, and metals (applicability domain for the LLNA) • The use of the LLNA to determine potency (potential for causing allergic contact dermatitis). The panel will consider the draft background review documents for each of these methods and evaluate the extent that established validation and acceptance criteria are appropriately addressed for each test method (as described in the ICCVAM document, *Validation and Regulatory Acceptance of Toxicological Test Methods: A Report of the ad hoc Interagency Coordinating Committee on the Validation of Alternative Methods,* NIH Publication No. 97-981, available at *http://iccvam.niehs.nih.gov/docs/about_docs/validate.pdf* ). The panel will then comment on the extent to which the draft ICCVAM recommendations are supported by the information provided in the background review document for each topic. It is anticipated that the panel will address the topics in the following order: 1. The LLNA limit test. 2. The applicability domain of the LLNA including its suitability for mixtures, aqueous solutions, and metals. 3. The LLNA as a stand-alone assay for potency determination for hazard classification. 4. The revised draft performance standards for the LLNA. 5. The modified LLNA test method protocols using non-radioactive materials. Additional information about the meeting, including a roster of the panel members and the draft agenda, will be made available two weeks prior to the meeting on the NICEATM-ICCVAM Web site ( *http://iccvam.niehs.nih.gov* ). This information will also be available after that date by contacting NICEATM (see FOR FURTHER INFORMATION CONTACT above). Attendance and Registration This public meeting will take place March 4-6, 2008, at the CPSC Headquarters, Bethesda Towers Bldg., 4330 East West Highway, Bethesda, MD (an area map, driving directions, and CPSC contact information are available at *http://www.cpsc.gov/about/contact.html* ). The meeting will begin at 8:30 a.m. and is scheduled to conclude at approximately 5 p.m. each day, although adjournment on March 6 may occur earlier or later depending upon the time needed for the expert panel to complete its work. It is also possible that the panel may conclude its deliberations on March 5 and not need to meet on March 6. Persons needing special assistance in order to attend, such as sign language interpretation or other reasonable accommodation, should contact 919-541-2475 (voice), 919-541-4644 TTY (text telephone, through the Federal TTY Relay System at 800-877-8339), or e-mail *niehsoeeo@niehs.nih.gov.* Requests should be made at least seven days in advance of the event. Availability of the Draft Background Review Documents and Draft ICCVAM Recommendations NICEATM prepared draft background review documents on each of these modifications or applications of the LLNA that describe the current validation status of the modified test methods and applications and contain all of the data and analyses supporting this proposed validation status. The draft background review documents, draft ICCVAM test method recommendations, draft test method protocols, and revised draft test method performance standards are available from the NICEATM-ICCVAM Web site ( *http://iccvam.niehs.nih.gov/methods/immunotox/immunotox.htm* ) or by contacting NICEATM (see FOR FURTHER INFORMATION CONTACT above). Request for Public Comments NICEATM invites the submission of written comments on the draft background review documents, draft ICCVAM test method recommendations, draft test method protocols, and revised draft test method performance standards. Written comments should be submitted preferably electronically via the NICEATM-ICCVAM Web site or by e-mail ( *niceatm@niehs.nih.gov* ); the deadline for submission of written comments is February 22, 2008. When submitting written comments, please refer to this **Federal Register** notice and include appropriate contact information (name, affiliation, mailing address, phone, fax, e-mail, and sponsoring organization, if applicable). Written comments may also be sent by mail, fax, or e-mail to Dr. William Stokes (see FOR FURTHER INFORMATION CONTACT above). All comments received will be placed on the NICEATM-ICCVAM Web site ( *http://iccvam.niehs.nih.gov* ) and identified by the individual's name and affiliation or sponsoring organization (if applicable). Comments will also be sent to the panel and ICCVAM agency representatives and made available at the meeting. This meeting is open to the public, and time will be provided for the presentation of oral comments by the public at designated times during the peer review. Members of the public who wish to present oral statements at the meeting should contact NICEATM (see FOR FURTHER INFORMATION CONTACT above) no later than February 20, 2008, and provide contact information (name, affiliation, mailing address, phone, fax, e-mail, and sponsoring organization, if applicable). Up to seven minutes will be allotted per speaker, one speaker per organization. Persons registering to make comments are asked to provide NICEATM a written copy of their statement by February 27, 2008, so that copies can be distributed to the panel prior to the meeting. If this is not possible, please bring 40 copies of your comments to the meeting for distribution and to supplement the record. Written statements can supplement and expand the oral presentation. Summary minutes and the panel's final report will be available following the meeting on the NICEATM-ICCVAM Web site ( *http://iccvam.niehs.nih.gov* ). ICCVAM will consider the panel's conclusions and recommendations and any public comments received when finalizing their test method recommendations and performance standards for these methods. Background Information on ICCVAM and NICEATM ICCVAM is an interagency committee composed of representatives from 15 Federal regulatory and research agencies that use or generate toxicological information. ICCVAM conducts technical evaluations of new, revised, and alternative methods with regulatory applicability, and promotes the scientific validation and regulatory acceptance of toxicological test methods that more accurately assess the safety and hazards of chemicals and products and that refine, reduce, or replace animal use. The ICCVAM Authorization Act of 2000 (42 U.S.C. 285l-3, available at *http://iccvam.niehs.nih.gov/docs/about_docs/PL106545.pdf* ) establishes ICCVAM as a permanent interagency committee of the NIEHS under NICEATM. NICEATM administers ICCVAM and provides scientific and operational support for ICCVAM-related activities. NICEATM and ICCVAM work collaboratively to evaluate new and improved test methods applicable to the needs of Federal agencies. Additional information about ICCVAM and NICEATM is available on the NICEATM-ICCVAM Web site at *http://iccvam.niehs.nih.gov.* References EPA. 2003. EPA OPPTS 870.2600 Test Guideline—Skin Sensitization. Available: *http://www.epa.gov/opptsfrs/publications/OPPTS_Harmonized/870_Health_Effects_Test_Guidelines/Drafts/870-2600.pdf* . ISO. 2002. ISO 10993-10 Biological evaluation of medical devices—Part 10: Tests for irritation and delayed-type hypersensitivity. Geneva: International Organization for Standardization. OECD. 2002. OECD Guideline for the Testing of Chemicals—Test Guideline 429: Skin Sensitization: Local Lymph Node Assay (adopted 24 April 2002). Paris: Organisation for Economic Co-operation and Development. Dated: December 19, 2007. Samuel H. Wilson, Acting Director, National Institute of Environmental Health Sciences and National Toxicology Program. [FR Doc. E7-25553 Filed 1-7-08; 2:42 pm] BILLING CODE 4140-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2007-0197] Area Maritime Security Advisory Committee Detroit; Vacancies AGENCY: Coast Guard, DHS. ACTION: Request for applications. SUMMARY: The Coast Guard seeks applications for membership in the Area Maritime Security Committee
(AMSC)Detroit. The Committee assists the Captain of the Port, Detroit, in developing, reviewing, and updating the Area Maritime Security Plan for their area of responsibility. DATES: Requests for membership should reach the U.S. Coast Guard Captain of the Port Detroit by February 7, 2008. ADDRESSES: Applications for membership should be submitted to the Captain of the Port Detroit at the following address: U.S. Coast Guard Sector Detroit, 110 Mt. Elliot Ave., Detroit, MI, 48207. FOR FURTHER INFORMATION CONTACT: For questions about submitting an application or about the AMSC in general contact: LT Jeff Ahlgren, Waterways Management, U.S. Coast Guard Sector Detroit, 110 Mount Elliot Ave., Detroit MI, 48207;
(313)568-9580. SUPPLEMENTARY INFORMATION: The Committee The Area Maritime Security Committee (the Committee and Sub-Committees), is established under, and governed by, 33 CFR Part 103, subpart C. The functions of the Committee/Sub-Committees include, but are not limited to, the following:
(1)Identifying critical port infrastructure and operations.
(2)Identifying risks (i.e., threats, vulnerabilities, and consequences).
(3)Determining strategies and implementation methods for mitigation.
(4)Developing and describing the process for continuously evaluating overall port security by considering consequences and vulnerabilities, how they may change over time, and what additional mitigation strategies can be applied.
(5)Advising and assisting the Captain of the Port in developing, reviewing, and updating the Area Maritime Security Plan under 33 CFR Part 103, subpart E. Qualification of Members Members must have at least 5 years of experience related to maritime or port security operations. Applicants may be required to pass an appropriate security background check before appointment to the Committee/Sub-Committees. Applicants must register and remain active as Coast Guard Homeport users if appointed. The term of office for each vacancy is 5 years. However, a member may serve one additional term of office. Members are not salaried or otherwise compensated for their service on the Committee/Sub-Committees. Format of Applications Applications for membership may be in any format. However, because members must demonstrate an interest in the security of the area covered by the Committee/Regional Sub-Committees, we particularly encourage the submission of information highlighting experience in maritime or security matters. Authority Section 102 of the Maritime Transportation Security Act of 2002 (Pub. L. 107-295) (the Act) authorizes the Secretary of the Department in which the Coast Guard is operating to establish Area Maritime Security Committees for any port area of the United States. See 33 U.S.C. 1226; 46 U.S.C. 70112(a)(2); 33 CFR 103.205; Department of Homeland Security Delegation No. 0170.1. The Act exempts Area Maritime Security Committees from the Federal Advisory Committee Act (FACA), 5 U.S.C. App. (Pub. L. 92-463). P.W. Brennan, Captain, U.S. Coast Guard, Captain of the Port, Detroit. [FR Doc. E8-107 Filed 1-7-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2007-0194] Area Maritime Security Committee, Eastern Great Lakes; and Regional Sub-Committees; Vacancies AGENCY: Coast Guard, DHS. ACTION: Request for applications. SUMMARY: The Coast Guard seeks applications for membership in the Area Maritime Security Committee, Eastern Great Lakes and five regional sub-committees: Northeast Ohio Region, Northwestern Pennsylvania Region, Western New York Region, Lake Ontario Region and St Lawrence Region. The Committee assists the Captain of the Port, Buffalo, in developing, reviewing, and updating the Area Maritime Security Plan for their area of responsibility. DATES: Requests for membership should reach the U.S. Coast Guard Captain of the Port, Buffalo, on February 7, 2008. ADDRESSES: Submit applications for membership to the Captain of the Port, Buffalo, Attn: Regional Executive Coordinator, 1 Fuhrmann Boulevard, Buffalo, NY 14203-3189. FOR FURTHER INFORMATION CONTACT: Northeast Ohio Region Executive Coordinator—Mr. Peter Killmer at 216-937-0136. Northwestern Pennsylvania Region Executive Coordinator—Mr. Joseph Fetscher at 216-937-0126. Northwestern New York Region Executive Coordinator—Mr. Timothy Balunis at 716-843-9559. Lake Ontario Region Executive Coordinator—Mr. David Mergenthaler at 716-843-9579. St Lawrence Region Executive Coordinator—Mr. Ralph Kring at 716-843-9326. SUPPLEMENTARY INFORMATION: The Committee The Area Maritime Security Committee, Eastern Great Lakes (the Committee and Sub-Committees), is established under, and governed by, 33 CFR Part 103, subpart C. The functions of the Committee/Sub-Committees include, but are not limited to, the following:
(1)Identifying critical port infrastructure and operations.
(2)Identifying risks (i.e., threats, vulnerabilities, and consequences).
(3)Determining strategies and implementation methods for mitigation.
(4)Developing and describing the process for continuously evaluating overall port security by considering consequences and vulnerabilities, how they may change over time, and what additional mitigation strategies can be applied.
(5)Advising and assisting the Captain of the Port in developing, reviewing, and updating the Area Maritime Security Plan under 33 CFR Part 103, subpart E. Positions Available on the Committee There are 10 vacancies on the Eastern Great Lakes Committee. These vacancies will be the Chairperson and Vice-Chairperson from the five regional subcommittees: Northeast Ohio Region, Northwestern Pennsylvania Region, Western New York Region, Lake Ontario Region and St Lawrence Region. Members may be selected from:
(1)The Federal, Territorial, or Tribal government;
(2)The State government and political subdivisions of the State;
(3)Local public safety, crisis management, and emergency response agencies;
(4)Law enforcement and security organizations;
(5)Maritime industry, including labor;
(6)Other port stakeholders having a special competence in maritime security; and
(7)Port stakeholders affected by security practices and policies. In support of the Coast Guard's policy on gender and ethnic diversity, we encourage qualified women and members of minority groups to apply. Qualification of Members Members must have at least 5 years of experience related to maritime or port security operations. Applicants may be required to pass an appropriate security background check before appointment to the Committee/Sub-Committees. Applicants must register and remain active as Coast Guard Homeport users if appointed. The term of office for each vacancy is 5 years. However, a member may serve one additional term of office. Members are not salaried or otherwise compensated for their service on the Committee/Sub-Committees. Format of Applications Applications for membership may be in any format. However, because members must demonstrate an interest in the security of the area covered by the Committee/Regional Sub-Committees, we particularly encourage the submission of information highlighting experience in maritime or security matters. Authority Section 102 of the Maritime Transportation Security Act of 2002 (Pub. L. 107-295) (the Act) authorizes the Secretary of the Department in which the Coast Guard is operating to establish Area Maritime Security Committees for any port area of the United States. See 33 U.S.C. 1226; 46 U.S.C. 70112(a)(2); 33 CFR 103.205; Department of Homeland Security Delegation No. 0170.1. The Act exempts Area Maritime Security Committees from the Federal Advisory Committee Act (FACA), 5 U.S.C. App. (Pub. L. 92-463). Dated: December 11, 2007. S.J. Ferguson, Captain, U.S. Coast Guard, Captain of the Port, Buffalo. [FR Doc. E8-108 Filed 1-7-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WO-320-1330-PB-24 1A] Extension of Approved Information Collection, OMB Control Number 1004-0103 AGENCY: Bureau of Land Management, Interior. ACTION: Notice and request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management
(BLM)is requesting the Office of Management and Budget
(OMB)to extend an existing approval to collect information from applicants who apply to purchase mineral materials from public lands under regulations at 43 CFR parts 3600 and 3610. The BLM uses the information collected on Form 3600-9 (Contract for the Sale of Mineral Materials) to evaluate the environmental impacts of and otherwise evaluate mineral materials disposal proposals. DATES: You must submit your comments to BLM at the address below on or before March 10, 2008. BLM will not necessarily consider any comments received after the above date. ADDRESSES: You may mail comments to: U.S. Department of the Interior, Bureau of Land Management, Mail Stop 401LS, 1849 C Street, NW., ATTN: Bureau Information Collection Clearance Officer (WO-630), Washington, DC 20240. You may send comments via Internet to: *comments_washington@blm.gov* . Please include “Attn: 1004-0103” and your name and return address in your Internet message. You may deliver comments to the Bureau of Land Management, Administrative Record, Room 401, 1620 L Street, NW., Washington, DC, 20036. All comments will be available for public review at the L Street address during regular business hours (7:45 a.m. to 4:15 p.m.), Monday through Friday except Federal holidays. Before including your address, telephone number, e-mail address, or other personal identifying information in your comment, be advised that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so. FOR FURTHER INFORMATION CONTACT: You may contact George Brown at
(202)452-7765 (Commercial or FTS). Persons who use a telecommunication device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)on 1-800-877-8330, 24 hours a day, seven days a week, to leave a message for Mr. Brown. SUPPLEMENTARY INFORMATION: 5 CFR 1320.12(a) requires that we provide a 60-day notice in the **Federal Register** concerning a collection of information to solicit comments on:
(1)Whether the collection of information is necessary for the proper functioning of the agency, including whether the information will have practical utility;
(2)The accuracy of our estimates of the information collection burden, including the validity of the methodology and assumptions we use;
(3)Ways to enhance the quality, utility, and clarity of the information collected; and
(4)Ways to minimize the information collection burden on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. The Mineral Materials Act of 1947, as amended (Act), 30 U.S.C. 601 and 602, provides for the disposal of mineral materials, such as sand, gravel, and petrified wood from public lands by sale or free use. BLM disposes such materials under the regulations at 43 CFR parts 3600 and 3610. BLM uses Form 3600-9 to collect information to:
(1)Determine whether the sale of mineral materials is in the public interest;
(2)Mitigate the environmental impacts of mineral materials development;
(3)Get fair market value for materials sold; and
(4)Prevent trespass removal of the materials. Applicants must submit a request in writing to BLM to purchase mineral materials. Specific information requirements are not stated in the regulations, but sale agreements are made on Form 3600-9 approved by BLM. BLM estimates we process 5,400 contracts for mineral materials each year. We estimate it takes 30 minutes to complete and compile supporting documentation. The estimated total annual information collection burden is 2,700 hours. The BLM will summarize all responses to this notice and include them in the request for OMB approval. All comments will be of public record. Dated: January 2, 2008. Ted R. Hudson, Information Collection Clearance Officer. [FR Doc. E8-66 Filed 1-7-08; 8:45 am] BILLING CODE 4310-84-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CO-140-08-1610-DP] Notice of Public Meeting, Northwest Colorado Resource Advisory Council Subcommittees for the Kremmling Resource Management Plan Revision AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Public Meeting. SUMMARY: In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management
(BLM)Northwest Colorado Resource Advisory Council
(RAC)Subcommittee on the Kremmling Field Office Management Plan
(RMP)Revision will meet as indicated below. DATES: January 17 and 29, 2008; from 5 p.m. to 8 p.m. ADDRESSES: The Kremmling RMP Subcommittee will meet at the Kremmling Chamber of Commerce, 203 Park Avenue, Kremmling, CO. FOR FURTHER INFORMATION CONTACT: Joe Stout, Planning and Environmental Coordinator, telephone 970-724-3003. SUPPLEMENTARY INFORMATION: The Northwest Colorado RAC advises the Secretary of the Interior, through the Bureau of Land Management, on a variety of public land issues in northwestern Colorado. A subcommittee has been formed under this RAC to advise it regarding the Kremmling RMP Revision. The individuals on this subcommittee represent a broad range of interests and have specific knowledge of the Field Offices. Recommendations developed by these subcommittees will be presented formally for discussion to the NW RAC at publicly announced meetings of the full NW RAC. Both the subcommittee meetings and the full NW RAC meetings have public comment opportunities. Steve Bennett, Acting Glenwood Springs Field Manager, Lead Designated Federal Officer for the Northwest Colorado RAC. [FR Doc. E8-61 Filed 1-7-08; 8:45 am] BILLING CODE 4310-84-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [MT-079-08-1010-PH] Notice of Public Meeting, Western Montana Resource Advisory Council Meeting AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Public Meeting. SUMMARY: In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM), the Western Montana Resource Advisory Council will meet as indicated below. DATES: The next regular meeting of the Western Montana RAC will be held February 28, 2008 at the Butte Field Office, 106 N. Parkmont, Butte, Montana, beginning at 9 a.m. The public comment period for the meeting will begin at 11:30 a.m. and the meeting is expected to adjourn at approximately 3 p.m. FOR FURTHER INFORMATION CONTACT: For the Western Montana RAC, contact Marilyn Krause, Resource Advisory Council Coordinator, at the Butte Field Office, 106 North Parkmont, Butte, Montana 59701, telephone 406-533-7617. SUPPLEMENTARY INFORMATION: The 15-member Council advises the Secretary of the Interior, through the Bureau of Land Management, on a variety of planning and management issues associated with public land management in western Montana. At the February 28 meeting, topics we plan to discuss include: Cooperative rangeland monitoring, forest health issues, a review of Forest Service fee proposals, and election of officers. All meetings are open to the public. The public may present written comments to the Council. Each formal Council meeting will also have time allocated for hearing public comments. Depending on the number of persons wishing to comment and time available, the time for individual oral comments may be limited. Individuals who plan to attend and need special assistance, such as sign language interpretation, or other reasonable accommodations, should contact the BLM as provided below. Dated: January 2, 2008. Richard M. Hotaling, Field Manager. [FR Doc. E8-49 Filed 1-7-08; 8:45 am] BILLING CODE 4310-$$-P INTERNATIONAL BOUNDARY AND WATER COMMISSION; UNITED STATES AND MEXICO Notice of Availability of Final Programmatic Environmental Impact Statement, Improvements to the USIBWC Rio Grande Flood Control Projects along the Texas-Mexico Border AGENCY: United States Section, International Boundary and Water Commission (USIBWC). ACTION: Notice of Availability of Final Programmatic Environmental Impact Statement. SUMMARY: Pursuant to section 102(2)(c) of the National Environmental Policy Act
(NEPA)of 1969, as amended, the United States Section, International Boundary and Water Commission (USIBWC) has prepared a Programmatic Environmental Impact Statement
(PEIS)for future improvements to three Rio Grande Flood Control Projects
(FCP)operated by the USIBWC along the Texas-Mexico Border: The Rectification FCP, the Presidio FCP and Lower Rio Grande FCP. The PEIS, prepared in cooperation with the United States Bureau of Reclamation, United States Fish and Wildlife Service and United States Army Corps of Engineers, analyzes potential impacts of the No Action Alternative and three action alternatives for future FCP improvements under consideration. Because several measures under consideration are at a conceptual level of development, the USIBWC has taken a broad programmatic look at the potential environmental implications of measures identified for future implementation. The USIBWC will apply the programmatic evaluation as an overall guidance for future environmental evaluations of individual improvement projects whose implementation is anticipated or possible within a 20-year timeframe. Once any given improvement project is identified for future implementation, site-specific environmental documentation will be developed based on project specifications and PEIS findings. DATES: The Final PEIS will be available to agencies, organizations and the general public on January 8, 2008. A copy of the Final PEIS will also be posted in the USIBWC Web site at *http://www.ibwc.state.gov.* FOR FURTHER INFORMATION CONTACT: Mr. Daniel Borunda, Environmental Protection Specialist, Environmental Management Division, USIBWC, 4171 North Mesa Street, C-100, El Paso, Texas 79902 or e-mail: *danielborunda@ibwc.state.gov.* SUPPLEMENTARY INFORMATION: The PEIS analyzes potential effects of the No Action Alternative and three action alternatives for future improvement of the Rectification, Presidio and Lower Rio Grande Flood Control Projects located along the Texas-Mexico border. Potential improvements were organized in three action alternatives:
(1)Enhanced Operation and Maintenance Alternative, focusing on engineering improvements;
(2)Integrated Water Resources Management Alternative, integrating additional water conservation and quality measures to the projects' core mission of flood control and water delivery; and
(3)Multipurpose Project Management Alternative incorporating, in addition to engineering improvements and integrating water management, additional measures for multiple use of the floodway and environmental measures supporting initiatives by federal agencies, local governments, and other organizations. These additional measures would be conducted largely under cooperative agreements with the proponent agency or organization. The PEIS evaluated alternatives for each flood control project in terms of potential effects relative to those of the No Action Alternative, in the areas of water, biological, cultural and socioeconomic resources, land use, and environmental health issues. The Multipurpose Project Management Alternative was selected as the preferred option for implementation of improvements to the flood control projects as it supports improvements in water quality and water conservation, and is consistent with the core project mission of flood control and water delivery. Public participation in the PEIS development included scoping meetings, a 45-day review period of the Draft PEIS, and Public Hearings held at the Cities of El Paso, Presidio and McAllen, Texas, on August 21, 22, and 28, 2007, respectively. Copies of the FEIS have been sent to agencies, organizations and individuals who participated in the scoping process and to those who have requested copies of the FEIS. A limited number of Final PEIS copies may be obtained upon request from the contact person identified above. A Record of Decision will be issued after a minimum of 30 days following the filing of the Final PEIS. Any comments on the Final PEIS must be received no later than 30 days after the date of publication of the notice of availability by the Environmental Protection Agency
(EPA)in the **Federal Register** . No action will be taken on the proposed action before 30 days following publication of the notice of availability of the Final PEIS by EPA. Dated: January 2, 2008. Susan E. Daniel, General Counsel. [FR Doc. E8-37 Filed 1-7-08; 8:45 am] BILLING CODE 7010-01-P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731-TA-1138 and 1139 (Preliminary)] Aminotrimethylenephosphonic Acid
(ATMP)and 1-Hydroxyethylidene-1,1-Diphosphonic Acid
(HEDP)From China and India AGENCY: United States International Trade Commission. ACTION: Institution of antidumping duty investigations and scheduling of preliminary phase investigations. SUMMARY: The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping duty investigation Nos. 731-TA-1138 and 1139 (Preliminary) under section 733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)) (the Act) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports from aminotrimethylenephosphonic acid
(ATMP)and 1-hydroxyethylidene-1,1-diphosphonic acid
(HEDP)from China and India, provided for in subheading 2931.00.90 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce extends the time for initiation pursuant to section 732(c)(1)(B) of the Act (19 U.S.C. 1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping investigations in 45 days, or in this case by February 14, 2008. The Commission's views are due at Commerce within five business days thereafter, or by February 22, 2008. For further information concerning the conduct of these investigations and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). DATES: *Effective Date:* December 31, 2007. FOR FURTHER INFORMATION CONTACT: Christopher Cassise (202-708-5408), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server ( *http://www.usitc.gov* ). The public record for these investigations may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov* . SUPPLEMENTARY INFORMATION: Background These investigations are being instituted in response to a petition filed effective December 31, 2007, by Compass Chemical International LLC, Huntsville, TX. Participation in the Investigations and Public Service List Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission's rules, not later than seven days after publication of this notice in the **Federal Register** . Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. Limited Disclosure of Business Proprietary Information
(BPI)Under an Administrative Protective Order
(APO)and BPI Service List Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the **Federal Register** . A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Conference The Commission's Director of Operations has scheduled a conference in connection with these investigations for 9:30 a.m. on January 18, 2008, at the U.S. International Trade Commission Building, 500 E Street, SW., Washington, DC. Parties wishing to participate in the conference should contact Christopher Cassise (202-708-5408) not later than January 16, 2008, to arrange for their appearance. Parties in support of the imposition of antidumping duties in these investigations and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the conference. Written Submissions As provided in sections 201.8 and 207.15 of the Commission's rules, any person may submit to the Commission on or before January 24, 2008, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference no later than three days before the conference. If briefs or written testimony contain BPI, they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II(C) of the Commission's Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission's rules. Issued: January 3, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-100 Filed 1-7-08; 8:45 am] BILLING CODE 7020-02-P NUCLEAR REGULATORY COMMISSION [Docket No. 40-8964] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for the Addition of the SR-2 Satellite Facility To Power Resources, Inc's Smith Ranch-Highlands Uranium Project, Converse County, WY AGENCY: U.S. Nuclear Regulatory Commission. ACTION: Notice of availability. FOR FURTHER INFORMATION CONTACT: Paul Michalak, Decommissioning and Uranium Recovery Licensing Directorate, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone:
(301)415-7612; Fax number:
(301)415-5955; E-mail: *pxm2@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction Power Resources, Inc.
(PRI)currently holds Source Material License SUA-1548 for the Smith Ranch-Highland Uranium Project (SR-HUP) site, located in Converse County, Wyoming. Source Material License SUA-1548 permits PRI to conduct In Situ Leach
(ISL)uranium recovery operations at the SR-HUP site. As specified in Source Material License SUA-1548, License Condition 10.5.1 requires the following: The licensee is prohibited from constructing new Satellite Facilities or waste water evaporation ponds prior to NRC review and approval of designs and specifications. By letter dated October 11, 2006, PRI submitted a request to construct ISL Satellite SR-2 (SR-2) at the SR-HUP site. In this proposed action, an ISL satellite facility is a structure (i.e., building and associated equipment) where the ion exchange portion of the ISL processing circuit is conducted. ISL Satellite SR-2 would service Mine Units 9, 10, 11, and 12, located near the southwest corner of Smith Ranch. It is estimated that construction of SR-2 and associated access road would impact approximately 1.5 acres of land. The NRC staff has prepared an Environmental Assessment
(EA)in support of its review of PRI's request in accordance with the requirements of 10 CFR Part 51. Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate. II. EA Summary Background PRI's SR-HUP is a commercial ISL uranium mining facility located in the South Powder River Basin, Converse County, Wyoming. The main office and Central Processing Plant complex is located at Smith Ranch, about 17 air miles (22 road miles) (27 air/35 road kilometers (km)) northeast of Glenrock, Wyoming, and 23 air miles (25 road miles) (37 air/40 road km) northwest of Douglas, Wyoming. NRC issued PRI's current NRC license for the SR-HUP (Source Material License SUA-1548) on August 18, 2003, as part of a license renewal process. Commercial ISL uranium production began at the Highland site in January 1988, and at the Smith Ranch site in June 1997. PRI current operations at the SR-HUP include an ISL Central Processing Plant
(CPP)and an ISL Satellite facility (SR-1) at the Smith Ranch site and two ISL Satellite facilities (Satellite Nos. 2 and 3) at the Highland site. Under SUA-1548, PRI is authorized, through its ISL process, to produce up to 5.5 million pounds (2.5 million kilograms) per year of tri-uranium octoxide (U3O8), also known as “yellowcake.” PRI's current annual production is less than half of this limit. Review Scope The NRC staff has reviewed PRI's request in accordance with the NRC's environmental protection regulations in 10 CFR Part 51. Those regulations implement section 102(2) of the National Environmental Policy Act of 1969, as amended. The EA provides the results of the NRC staff's environmental review. The NRC staff's radiation safety review of PRI's request will be documented separately in a Safety Evaluation Report. The NRC staff has prepared the EA in accordance with NRC requirements in 10 CFR 51.21 and 51.30, and with the associated guidance in NRC report NUREG-1748, “Environmental Review Guidance for Licensing Actions Associated with Nuclear Material Safety and Safeguards Programs.” In 40 CFR 1508.9, the Council on Environmental Quality defines an EA as a concise public document that briefly provides sufficient evidence and analysis for determining whether to prepare an environmental impact statement
(EIS)or a FONSI. The NRC staff's review addressed the environmental impacts of PRI's currently-approved mining operations at the SR-HUP only insofar as such operations would be modified by the proposed addition of SR-2. Proposed Action PRI is proposing to construct and operate SR-2 at the SR-HUP site. Construction of SR-2 would entail the clearing of about 1.5 acres of land due to satellite building and access road construction. The SR-2 facility would be the source of the barren lixiviant pumped into the uranium ore zone and the recipient of the pregnant lixiviant recovered from Mine Units 9, 10, 11, and 12. Upon recovery from the subsurface, the pregnant lixiviant would be pumped to a series of IX columns located within SR-2, where uranium from the lixiviant would be extracted from the solution via adsorption onto the ion exchange
(IX)resin in the columns. Following IX extraction of the uranium, the resin would be removed from the tanks and transported to the Smith Ranch CPP for further processing (i.e., elution, precipitation, drying into a U 3 O 8 powder, and packing into 55-gallon drums). As part of supporting the ISL operation at future Mine Units 9, 10, 11, and 12, activities at SR-2 would include lixiviant and waste water storage, ion exchange, resin transfer, reverse osmosis operations associated with ground water restoration, and deep well injection of production and restoration effluent wastes. Operation period for SR-2 and Mine Units 9, 10, 11, and 12, is estimated to be approximately nine years. Purpose and Need for the Proposed Action Construction of a second satellite facility at the Smith Ranch site would enable PRI to conduct IX exchange activities in close proximity to future Mine Units 9, 10, 11, and 12, all of which are located in the southwest portion of Smith Ranch, approximately 4.5 miles southwest of the closest processing facility (Smith Ranch CPP). This would also allow PRI to continue to meet the current and future needs of its customers for U 3 O 8 , a product that would eventually be used in fuel for commercially-operated nuclear power reactors. Alternatives to the Proposed Action No Action Alternative Under the “no action” alternative, PRI would continue to conduct ISL uranium recovery operations at existing satellite facilities within the permit boundary of the SR-HUP, but it would not be authorized to build and operate SR-2. Other Alternatives In the southern Powder River Basin, where the SR-HUP facility is located, uranium ore has been mined via open pits and underground mining in the past. This activity occurred from 1970 to 1984 at the Exxon Highland facility, which is adjacent to the eastern edge of the SR-HUP permit area, and from the mid-1970s to 1986 at Union Pacific Resources' Bear Creek site (now owned by Anadarko Petroleum), which is approximately 15 miles (24 km) northeast of the SR-HUP permit area. The environmental impacts associated with the recovery and processing of uranium ore obtained via open pit or underground mining are generally recognized as being considerably greater than those associated with ISL uranium recovery. Underground mining would produce ore that is crushed and ground in a conventional uranium mill. Uranium within the crushed material would be extracted through leaching. Conventional uranium mining and milling produces considerable volumes of waste (e.g., slag, mill tailings, etc.) which must be disposed. In the southern Powder River Basin, where the SR-HUP facility is located, uranium was historically mined via open pits and subsurface mine shafts during the 1970s and 1980s. At SR-HUP, construction of the Bill Smith mine shaft was initiated in September 1972, and completed in early 1977. However, due to porous sands and heaving shale zones in the Fort Union formation, conventional subsurface mining was terminated in June 1978. Open pit uranium mining occurred from 1970 to 1984 at the Exxon Highland facility, which is adjacent to the eastern edge of the SR-HUP permit area (approximately 15 miles northeast of SR-2). Although the potential for future conventional mining exists, two factors make conventional mining in the vicinity of the SR-HUP unlikely: ISL operations are approximately two-to-three times more cost effective than open pit mining/conventional milling operations; and virtually all the South Powder River Basin uranium ore deposits are amenable to ISL development. Therefore, although both open pit and underground mining of uranium has occurred near SR-2, these alternatives were not considered further in this analysis. Environmental Impacts No-Action Alternative Under the no-action alternative, PRI would not be authorized to operate a satellite ISL facility in the southwestern portion of SR-HUP. PRI would continue to operate its other satellite facilities within the SR-HUP permit area. The SR-2 area would remain open to its current uses: livestock grazing and wildlife use. Proposed Action The addition of SR-2 to the SR-HUP would add approximately 10 to 12 employees to the SR-HUP work force. With such a small increase in the work force, socioeconomic impacts to local housing, schools, health and social services, transportation, and other support facilities are negligible. Additionally, given the remote rural location of SR-HUP, no impacts related to environmental justice issues were identified. The major potential environmental impacts associated with construction and operation of SR-2 include the disturbance of about 1.5 acres of land due to satellite building construction and operation and support road construction. The primary impact on land use will be the temporary loss (approximately nine years) of about 1.5 acres from livestock use. These effects will be limited, temporary, and reversible through returning the land to its former grazing use following completion of post-recovery surface reclamation. The temporary alteration of an approximately 1.5 acre area is not considered to constitute a significant adverse impact to either ecological systems or wildlife. To the extent possible, PRI will use existing access roads in the area; however, it is expected that, as part of the SR-2 construction, PRI will need to construct an access road and widen existing roads. Ephemeral drainages may be affected by this road construction, as well as by the construction of the SR-2 satellite building. When designing and constructing new roads, PRI will consider weather, elevation contours, land rights, cultural resources, and drainages. When constructing new roads, PRI will make efforts to cross ephemeral drainages or channels at right angles to enhance erosion protection measures. However, as it may not always be feasible or warranted to construct roads or crossings at right angles or along elevation contours, PRI will consider and implement erosion measures appropriate for the situation. Air quality will be impacted by the release of diesel emissions from construction equipment and from fugitive dust from construction activities and vehicle traffic. Diesel emissions would be minor and of short duration, and would be readily dispersed in the atmosphere. Fugitive dust generated from construction activity, as well as vehicle traffic on unpaved roads, would be localized and of short duration. Localized areas affected by site operations would be reclaimed, topsoiled, and re-seeded. Operation of SR-2 would involve the transportation of uranium-charged resin beads from the satellite facility to the Smith Ranch CPP, and the transportation of the stripped resin beads back to the satellite facility. Expected truck traffic between SR-2 and the Smith Ranch CPP would initially be about one truck a day, with a decrease in traffic, as the well fields are mined out. It is not expected that the additional traffic would result in an increased accident rate for the stretch of Ross Road between the SR-2 access road and the Smith Ranch CPP. However, in the case of an accident involving a shipment of uranium-loaded resin, the environmental impacts would be expected to be small. Overturning of a tanker truck carrying the loaded resin could result in the release of some resin and residual water. The resin beads, which would be deposited on the ground a short distance from the truck, would retain the uranium, absent a strong brine to strip the resin. PRI would collect the resin and any contaminated soils and dispose of them appropriately (e.g., in a licensed facility). All disturbed areas would then be reclaimed in accordance with the applicable NRC and State regulations. Airborne release of uranium would not occur since the uranium would remain fixed to the beads. The primary source of radiological impact to the environment from site operations is gaseous radon-222, which is released from the satellite facility and from the wellfields. In a worst case scenario that considered the cumulative radiological impacts for the entire SR-HUP operation including SR-2, the two nearest SR-2 residents, Sunquest Ranch, and the Vollman Ranch, are estimated to receive a peak maximum yearly dose of 17.5 and 13.2 mrem/yr, respectively. However, it is very unlikely that these peak doses would be reached due to the modeling methodology and input data conservatism. Additionally, the airborne sampling program at PRI has been used and would continue to be used to verify the off site dose to the nearest resident and the general population. NRC staff evaluated the model results and has determined that estimated dose to the nearest resident and members of the public meet the requirements of 10 CFR 20.1301 (i.e., 100 mrem/yr). In terms of waste disposal, PRI is required, under License Condition 9.6 of SUA-1548, to dispose of 11e.(2) byproduct materials generated by project operations at a licensed byproduct waste disposal site. Currently, PRI disposes of its radioactively-contaminated solid wastes at Pathfinder Mines Corporation's Shirley Basin uranium mill site in eastern Wyoming. PRI has submitted a Class I Underground Injection Well application with the Wyoming Department of Environmental Quality
(WDEQ)Underground Injection Control
(UIC)Program for liquid waste disposal. Wastewater disposal associated with PRI's SR-2 operations is not expected to affect local stock and domestic wells as these wells are completed in stratigraphic horizons far above the zones planned for wastewater disposal. Conclusion The NRC has reviewed the environmental impacts of the proposed action in accordance with the requirements of 10 CFR Part 51. The NRC staff has determined that the construction and operation of SR-2 would not significantly affect the quality of the human environment. Therefore, an EIS is not warranted for the proposed action, and pursuant to 10 CFR 51.31, a FONSI is appropriate. Agencies and Persons Consulted The NRC staff consulted with other Federal and State agencies regarding the proposed action. These consultations were intended to afford these agencies the opportunity to comment on the proposed action, and to ensure that the requirements of Section 106 of the National Historic Preservation Act
(NHPA)and Section 7 of the Endangered Species Act
(ESA)were met with respect to the proposed action. The WDEQ administers and implements the State rules and regulations for ISL related activities. PRI possesses a current WDEQ mining permit for its commercial operations. By letter dated September 13, 2007, the NRC staff provided a draft copy of the SR-2 EA to the WDEQ for its review and comment. By correspondence dated November 29, 2007, the WDEQ indicated it had no comments on the EA (WDEQ 2007). By letter dated June 26, 2007, with follow-up correspondence on September 19, 2007, NRC staff requested information from the U.S. Fish and Wildlife Service, Mountain-Prairie Region (USFWS/MPR) regarding endangered or threatened species or critical habitat in the SR-2 area. No response was received. In absence of a response, NRC staff identified a USFWS/MPR Web site (dated December 2006) which listed, by county, endangered and threatened species in Wyoming. Utilizing the Converse County, Wyoming list, NRC staff has concluded that there are no endangered or threatened species, either plant or animal, nor is there critical habitat, in SR-2. Pursuant to the requirements of Section 106 of the NHPA, the NRC staff consulted with the Wyoming State Historic Preservation Office (WSHPO). By letter dated June 14, 2007, the NRC staff requested information from the WSHPO regarding cultural and historic properties that may be affected by SR-2. Further correspondence documenting Section 106 consultations was sent to WSHPO on December 4, 2007. By return letter dated December 12, 2007, the WSHPO provided its concurrence that no historic properties would be adversely affected by the proposed action. By letters dated July 20, 2007, the NRC staff initiated a Section 106 of the NHPA consultation with numerous Native American cultural and tribal/business representatives located in Oklahoma, Wyoming, North Dakota, South Dakota, Montana, and New Mexico. The consultation requested information regarding historical sites or cultural resources within the southwest area of SR-HUP (i.e., SR-2 and Mine Units 9, 10, 11, and 12), including any specific knowledge of any sites that are believed to have traditional religious and cultural significance. The NRC has received responses from two Native American tribes: Cheyenne River Sioux Tribe (dated August 20, 2007) and Standing Rock Sioux Tribe (dated September 6, 2007). Following telephone calls to both parties, NRC staff forwarded supplemental information to the Cheyenne River Sioux Tribe (dated September 21, 2007) and Standing Rock Sioux Tribe (dated October 3, 2007) indicating that the proposed action would not impact Class III Cultural Resource inventoried sites deemed eligible for inclusion to the NRHP. The supplemental information also included planned mitigation measures (i.e., buffer zones) to protect sensitive cultural resource sites. NRC staff has conducted multiple follow-up calls to both parties. No further comments have been received. III. Finding of No Significant Impact On the basis of the EA, the NRC staff has concluded that there are no significant environmental impacts from the addition of the SR-2 to the SR-HUP operational area for the purpose of conducting satellite IX processing of uranium-bearing solution. Therefore, the NRC staff has determined not to prepare an EIS. IV. Further Information Documents related to this action, including the application for amendment and supporting documentation, will be available electronically at the NRC's Electronic Reading Room at: *http://www.NRC.gov/reading-rm/adams.html* . From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The ADAMS accession numbers for the documents related to this notice are: Document date Description ADAMS accession No. 10/11/06 PRI's request to construct ISL Satellite SR-2 ML062930232 12/28/07 PRI's supplemental information and responses to NRC staff request for additional information ML070100517 7/30/07 ML072210887 3/17/07 PRI's supplemental information concerning determination of radiation dose from SR-HUP ML071380284 4/16/07 ML071100064 5/4/07 ML071510592 11/29/07 WDEQ comments on pre-decisional draft EA ML073450518 12/12/07 WSHPO concurrence on NRC staff determination of no adverse affect ML073540744 12/26/07 NRC staff final EA for addition of the ISL Satellite SR-2 ML073460771 If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC's Public Document Room
(PDR)Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov* . These documents may also be viewed electronically on the public computers located at the NRC's PDR, O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Rockville, Maryland this 27th day of December 2007. For the Nuclear Regulatory Commission. Keith I. McConnell, Deputy Director, Decommissioning and Uranium Recovery, Licensing Directorate, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. E8-101 Filed 1-7-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No: 50-409] Dairyland Power Cooperative; La Crosse Boiling Water Reactor; Exemption 1.0 Background Dairyland Power Cooperative
(DPC)(the licensee) is the holder of Possession Only License No. DPR-45 for the La Crosse Boiling Water Reactor (LACBWR) in Genoa, Wisconsin. The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in effect. 2.0 Request/Action Title 10 of the *Code of Federal Regulations* (10 CFR), Part 74, Section 74.19(b) requires, in part, a licensee authorized to possess special nuclear material
(SNM)in a quantity exceeding one effective kilogram at any one time to establish, maintain, and follow written material control and accounting (MC&A) procedures that are sufficient to enable the licensee to account for the SNM in its possession under license. Regulations at 10 CFR 74.19(c) require, in part, a licensee authorized to possess SNM, at any one time and site location, in a quantity greater than 350 grams of contained uranium-235, uranium-233, or plutonium, or any combination thereof, to conduct a physical inventory of all SNM in its possession under license at intervals not to exceed 12 months. On February 4, 1980, NRC issued a license amendment for LACBWR, approving an increase in the capacity of the spent fuel pool by using a vertical two-tier storage rack configuration. The two-tiered storage rack configuration does not allow observation of areas below occupied areas of the upper rack and does not allow observation of the areas below occupied areas of the lower rack, without fuel handling activities. Spent fuel pool loading was completed after LACBWR shutdown in 1987. Due to the physical layout of the spent fuel pool at LACBWR, fuel handling activities would need to occur in order for DPC to inventory all SNM in the LACBWR spent fuel pool. Historically, the licensee's annual physical inventory of SNM in the spent fuel pool consisted of verifying that each fuel assembly that can be observed (without fuel handling activity) is in its historical location and that no SNM items have been moved or are missing. In March 2006, NRC staff conducted an inspection of the MC&A safeguards program at LACBWR, which included review of the MC&A procedures and the annual physical inventory required in 10 CFR 74.19. The inspection resulted in a notice of violation related to the licensee's MC&A procedures and annual physical inventory of SNM. In response to the notice of violation, DPC requested an exemption from certain inventory-related requirements of 10 CFR 74.19(b) and 10 CFR 74.19(c), in a letter dated July 26, 2006. The exemption would limit the handling of fuel assemblies, due to the associated risks (fuel handling accident, fuel assembly damage, further fuel rod segment displacement from existing damaged fuel assemblies), and result in decreased radiation doses to workers. DPC wishes to rely upon the historical MC&A record at LACBWR to provide positive means of verification in performance of annual physical inventory of SNM. The licensee would also continue to use security measures or controls to assure no unauthorized access or diversion of contents from the spent fuel pool. DPC has commenced the preliminary stages of a dry cask storage project and requests exemption from these requirements until such time that LACBWR spent fuel is moved to dry cask storage, which is currently expected to occur in 2010. NRC staff reviewed DPC's request and issued a request for additional information on February 8, 2007. DPC provided the additional information on March 21, 2007. 3.0 Discussion Pursuant to 10 CFR 74.7, the Commission may, upon application of any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations in 10 CFR Part 74 as it determines are authorized by law and will not endanger life or property or the common defense and security, and are otherwise in the public interest. The underlying purpose of 10 CFR 74.19 is to provide recordkeeping requirements for material control and accounting of SNM, including requirements for procedures and for conduct of an annual physical inventory of all SNM. In 2006, while conducting work (that required fuel handling) in the spent fuel pool, DPC was able to observe most of the fuel assemblies. No historical records discrepancies were found with respect to the lower tier fuel assemblies that were observed during that time. However, some fuel assemblies in the lower tier of the spent fuel pool have not been observed since 1987. Regarding these assemblies, the licensee must observe them by the completion of its next annual inventory, using existing procedures for any fuel handling needed, to confirm the assemblies are in the locations indicated by the accounting records. After DPC confirms the locations of the remaining assemblies in the lower tier of the spent fuel pool (that have not been observed since 1987) by completion of its next annual inventory, the licensee's claim of thorough MC&A documentation dating back to 1987 can be verified. Since all assemblies will have been observed over a two-year period by the completion of the next inventory period in 2008, and the licensee has commenced the preliminary stages of a dry cask storage project that currently indicates that assemblies will be removed from the spent fuel pool within the next few years, the staff has determined that it will be sufficient for the licensee to continue its current inventory practice with regard to assemblies, following the 2008 inventory campaign. This approach will help prevent the future movement of certain fuel assemblies that might result in unnecessary fuel breakage, while still meeting the intent of the recordkeeping requirements of 10 CFR 74.19. The licensee committed in its March 21, 2007, letter to place in the fuel debris storage baskets, all fuel rod segments and debris retrieved in the future. The licensee must inventory, on an annual basis, the contents of the stainless steel baskets that contain fuel pellets and other debris. The licensee must also revise all pertinent procedures to incorporate those future actions. In addition, the licensee must observe and note the presence of each bottom tier assembly prior to an assembly being placed above it in the upper tier position. The licensee must also provide significant revisions to the dry storage project plan and/or timeline to the NRC in a timely manner (within 45 days). The NRC staff has determined that granting of the licensee's proposed exemption, with certain conditions discussed above, will not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commission's regulations. Therefore, the exemption is authorized by law. 4.0 Conclusion Given the above considerations, the NRC staff concludes that by granting the proposed exemption with the above conditions, the underlying purpose of the requirements in 10 CFR 74.19 will be met. The Commission has determined that, pursuant to 10 CFR 74.7, the exemption is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the Commission hereby grants DPC an exemption from certain inventory-related requirements of 10 CFR 74.19(b) and 10 CFR 74.19(c) for LACBWR, provided the licensee satisfies the conditions set forth in the discussion above. This exemption will expire at the time the fuel is transferred to dry cask storage. Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption will have no significant impact on the environment (72 FR 73383, December 27, 2007). Dated at Rockville, Maryland, this 28th day of December 2007. For the Nuclear Regulatory Commission. Keith I. McConnell, Acting Director, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. E8-99 Filed 1-7-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Sunshine Act Meeting Agency Holding the Meetings: Nuclear Regulatory Commission. DATES: Weeks of January 7, 14, 21, 28, February 4, 11, 2008. Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland. Status: Public and Closed. Matters To Be Considered: Week of January 7, 2008 There are no meetings scheduled for the Week of January 7, 2008. Week of January 14, 2008—Tentative There are no meetings scheduled for the Week of January 14, 2008. Week of January 21, 2008—Tentative There are no meetings scheduled for the Week of January 21, 2008. Week of January 28, 2008—Tentative There are no meetings scheduled for the Week of January 28, 2008. Week of February 4, 2008—Tentative There are no meetings scheduled for the Week of February 4, 2008. Week of February 11, 2008—Tentative There are no meetings scheduled for the Week of February 11, 2008. *The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings, call (recording)—(301) 415-1292. Contact person for more information: Michelle Schroll,
(301)415-1662. The NRC Commission Meeting Schedule can be found on the Internet at: *http://www.nrc.gov/about-nrc/policy-making/schedule.html.* The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g. braille, large print), please notify the NRC's Disability Program Coordinator, Rohn Brown, at 301-492-2279, TDD: 301-415-2100, or by e-mail at *REB3@nrc.gov.* Determinations on requests for reasonable accommodation will be made on a case-by-case basis. This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301-415-1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to *dkw@nrc.gov.* Dated: January 3, 2008. Rochelle C. Bavol, Office of the Secretary. [FR Doc. 08-32 Filed 1-4-08; 9:57 am]
Connectionstraces to 24
24 references not yet in our index
  • 44 USC 3501-3520
  • 12 CFR 225
  • Pub. L. 101-157
  • Pub. L. 105-379
  • 42 CFR 431.246
  • 42 CFR 447.15
  • 42 CFR 431.250
  • 42 CFR 430
  • 42 CFR 430.76(b)(2)
  • 42 CFR 430.76(c)
  • 42 CFR 430.18
  • Pub. L. 105-324
  • Pub. L. 107-250
  • 21 CFR 814
  • 21 CFR 820
  • 33 CFR 103
  • Pub. L. 107-295
  • Pub. L. 92-463
  • 5 CFR 1320.12(a)
  • 19 CFR 201
  • 19 CFR 207
  • 10 CFR 51
  • 40 CFR 1508.9
  • 10 CFR 74
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Cite12 CFR 225
Pub. L.Pub. L. 101-157
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