Notices. Notice of public meetings

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BILLING CODE 3510-NK-M DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XE96 Mid-Atlantic Fishery Management Council; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. SUMMARY: The Mid-Atlantic Fishery Management Council (Council), its Mid-Atlantic Bycatch Committee, its Research Set-Aside Committee, its Ecosystems Committee, its Protected Resources Committee, its Executive Committee, and its Surfclam/Ocean Quahog Committee, will hold public meetings.

DATES: The meetings will be held Tuesday, January 29, 2008 through Thursday, January 31, 2008. See SUPPLEMENTARY INFORMATION for specific dates and times. ADDRESSES: The meetings will be held at the Hampton Roads Convention Center, 1610 Coliseum Drive, Hampton, VA 23666; telephone:

(888)484-4722. *Council address* : Mid-Atlantic Fishery Management Council, 300 S. New Street, Dover, DE 19904; telephone:

(302)674-2331. FOR FURTHER INFORMATION CONTACT: Daniel T. Furlong, Executive Director, Mid-Atlantic Fishery Management Council; telephone:

(302)674-2331, ext. 19. SUPPLEMENTARY INFORMATION: Tuesday, January 29, 2008 *11 a.m. until 1 p.m.* - The Bycatch Committee will meet. *1 p.m. until 3 p.m.* - The Research Set-Aside

(RSA)Committee will meet. *3 p.m. until 5 p.m.* - The Ecosystems Committee will meet. Wednesday, January 30, 2008 *8 a.m. until 9 a.m.* - The Protected Resources Committee will meet. *9 a.m. until 10:30 a.m.* - The Executive Committee will meet. *10:30 a.m. until noon* - The Surfclam/Ocean Quahog Committee will meet. *1 p.m.* - The Council will convene to receive a Marine Debris presentation and a (Northeast Monitoring Program) NEAMAP Trawl Survey presentation. *7 p.m. until 8:30 p.m.* - A Public Hearing for Amendment 1 to Tilefish Fishery Management Plan

(FMP)will be held. Thursday, January 31, 2008 The Council will convene at 9 a.m. and conclude approximately at 1 p.m. Agenda items by day for the Council's committees and the Council itself are: Tuesday, January 29, 2008 The Bycatch Committee will review the use of circle hooks in various fisheries, review hook manufacturing survey results, review use of buoy gear to reduce bycatch, and address the bycatch consequence of highgrading. The RSA Committee will discuss alternative approaches to reviewing project final results and incorporating them into the management process; discuss restructuring the RSA program to a “Cooperative Agreement” instead of traditional “Grant”; and, discuss development of a Mid-Atlantic Consortium similar to the Northeast Consortium. The Ecosystems Committee will receive an EPA report on National Coastal Condition, and receive and discuss the Magnuson-Stevens Act

(MSA)Ecosystem Workshop report. Wednesday, January 30, 2008 The Protected Resources Committee will receive a report on Harbor Porpoise Take Reduction Team activities, and receive a status update on the Atlantic Large Whale Take Reduction Program. The Executive Committee will review the outcome from the most recent Council Coordination Committee meeting and review the proposed changes to the Council's Statement of Organization, Practices and Procedures

(SOPP)regarding the Scientific and Statistical Committee (SSC). The Surfclam/Ocean Quahog Committee will consider issues/actions to be addressed in Amendment 14 to the Surfclam and Ocean Quahog FMP. The Council will convene to receive a presentation regarding marine debris and the results of the most recent NEAMAP Trawl Survey. A Public Hearing regarding Amendment 1 to the Tilefish Fishery Management Plan will be held in the evening. Thursday, January 31, 2008 The Council will convene at 9 a.m. and remain in session until approximately 1 p.m. to receive various reports. Although non-emergency issues not contained in this agenda may come before the Council for discussion, these issues may not be the subject of formal Council action during these meetings. Council action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final actions to address such emergencies. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to M. Jan Bryan,

(302)674-2331 ext. 18, at least 5 days prior to the meeting date. Dated: January 8, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-373 Filed 1-11-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XE95 Mid-Atlantic Fishery Management Council; Public Hearings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public hearings. SUMMARY: The Mid-Atlantic Fishery Management Council will hold public hearings to allow for input on Amendment 1 to the Fishery Management Plan

(FMP)for the Tilefish Fishery. DATES: The hearings will be held on Wednesday, January 30, 2008 through Wednesday, February 6, 2008. See SUPPLEMENTARY INFORMATION for specific dates, locations, and times of hearings. Written comments will be accepted until February 11, 2008. ADDRESSES: Send comments to: Daniel T. Furlong, Executive Director of the Mid-Atlantic Fishery Management Council, Suite 2115 Federal Building, 300 South New Street, Dover, DE 19904; fax:

(302)674-5399; e-mail: info@mafmc.org. Please indicate the subject as Tilefish 1. FOR FURTHER INFORMATION CONTACT: Daniel T. Furlong, Executive Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal Building, 300 South New Street, Dover, DE 19904; telephone:

(302)674-2331 ext. 19. SUPPLEMENTARY INFORMATION: The purpose of the hearings is to receive public input on management actions under consideration in Amendment 1 to the Tilefish FMP. There are 19 proposed management actions in this Amendment. The proposed management actions could:

(1)implement an individual fishing quota

(IFQ)program/allocation;

(2)establish IFQ permanent transferability of ownership;

(3)establish IFQ temporary transferability of ownership;

(4)establish IFQ share accumulation guidelines or limitations;

(5)implement commercial trip limits in the part-time category;

(6)address fees and cost recovery;

(7)establish flexibility to revise/adjust the IFQ program;

(8)establish IFQ reporting requirements;

(9)modify the Interactive Voice Response

(IVR)reporting requirements;

(10)revise commercial vessel logbook reports;

(11)address hook size restrictions in the commercial fishery;

(12)implement recreational permits and reporting requirements;

(13)implement recreational bag-size limits;

(14)improve monitoring of tilefish commercial landings;

(15)expand the list of management measures that can be adjusted via the framework adjustment process;

(16)modify essential fish habitat

(EFH)designation;

(17)modify (HAPC (habitat areas of particular concern) designation;

(18)implement measures to reduce gear impacts on EFH; and

(19)establish methods for collecting royalties under a Tilefish IFQ system. Dates and Locations of Public Hearings • *Wednesday, January 30, 2008* : Hampton Roads Convention Center, 1610 Coliseum Drive, Hampton, VA 23666, telephone:

(888)484-4722 • *Monday, February 4, 2008* : Holiday Inn Express East End, 1707 Old Country Road, Riverhead, NY 11901, telephone:

(631)548-1000 • *Tuesday, February 5, 2008* : Hilton Garden Inn, Providence Airport, One Thurber Street, Warwick, RI 02882, telephone:

(401)734-9600. • *Wednesday, February 6, 2008* : Holiday Inn Toms River, 290 State Highway 37 East, Toms River, NJ 08753, telephone:

(732)244-4000 All hearings begin at 7 p.m. and will be tape recorded with the tapes filed as the official transcript of the hearing. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to M. Jan Bryan at the Mid-Atlantic Council Office,

(302)674-2331 ext. 18, at least 5 days prior to the meeting. Dated: January 9, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-422 Filed 1-11-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XE94 Pacific Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The Joint Canada-U.S. Review Panel for Pacific hake/whiting will hold a work session which is open to the public. DATES: The Joint Canada-U.S. Review Panel will meet beginning at 8.30 a.m., Monday, February 11, 2008 and will continue through Thursday, February 14, 2008. The meetings will end at 5:30 p.m. each day or until business for each day is completed. ADDRESSES: The Joint Canada-U.S. Review Panel for Pacific hake/ whiting will be held at the Hotel Deca, 4507 Brooklyn Avenue N.E., Seattle WA 98105; telephone: 1-800-899-0251. *Council address* : Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384. FOR FURTHER INFORMATION CONTACT: Ms. Stacey Miller, NMFS Northwest Fisheries Science Center; telephone:

(206)437-5670; or Mr. John DeVore, Pacific Fishery Management Council; telephone:

(503)820-2280. SUPPLEMENTARY INFORMATION: The purpose of the Joint Canada-U.S. Review Panel for Pacific hake/whiting is to review draft 2008 stock assessment documents and any other pertinent information for Pacific whiting, work with the Stock Assessment Team to make necessary revisions, and produce a Joint Canada-U.S. Review Panel report for use by the Council family and other interested persons for developing management recommendations for 2008 fisheries. No management actions will be decided by the Panel. The Panel's role will be development of recommendations and reports for consideration by the Council at its March meeting in Sacramento, CA. Although non-emergency issues not contained in the meeting agenda may come before the Panel participants for discussion, those issues may not be the subject of formal Joint Canada-U.S. Review Panel action during this meeting. Panel action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Panel participants' intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Ms. Carolyn Porter at

(503)820-2280 at least 5 days prior to the meeting date. Dated: January 8, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-372 Filed 1-11-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE Office of the Secretary Meeting of the Defense Department Advisory Committee on Women in the Services (DACOWITS) AGENCY: Department of Defense. ACTION: Notice. SUMMARY: Pursuant to section 10(a), Public Law 92-463, as amended, notice is hereby given of a forthcoming meeting of the Defense Department Advisory Committee on Women in the Services (DACOWITS). The purpose of the Committee meeting is to deliberate on the 2007 findings and recommendations, brief the 2007 report, and discuss the Committee's 2008 agenda. The meeting is open to the public, subject to the availability of space. Interested persons may submit a written statement for consideration by the Defense Department Advisory Committee on Women in the Services. Individuals submitting a written statement must submit their statement to the Point of Contact listed below at the address detailed below NLT 5 p.m., Friday, 25 January 2008. If a written statement is not received by Friday, 25 January 2008 prior to the meeting, which is the subject of this notice, then it may not be provided to or considered by the Defense Department Advisory Committee on Women in the Services until its next open meeting. The Designated Federal Officer will review all timely submissions with the Defense Department Advisory Committee on Women in the Services Chairperson and ensure they are provided to the members of the Defense Department Advisory Committee on Women in the Services. If members of the public are interested in making an oral statement, a written statement must be submitted as above. After reviewing the written comments, the Chairperson and the Designated Federal Officer will determine who of the requesting persons will be able to make an oral presentation of their issue during an open portion of this meeting or at a future meeting. Determination of who will be making an oral presentation will depend on time available and if the topics are relevant to the Committee's activities. Two minutes will be allotted to persons desiring to make an oral presentation. Oral presentations by members of the public will be permitted only on Tuesday, 29 January from 4:30 p.m. to 5 p.m. before the full Committee. Number of oral presentations to be made will depend on the number of requests received from members of the public. *Dates & Times:* 29 January 2007, 8:30 a.m.-5 p.m. 30 January 2007, 1 p.m.-6 p.m. 31 January 2007, 8:30 a.m.-5 p.m. *Location:* Double Tree Hotel Crystal City National Airport, 300 Army Navy Drive, Arlington, VA 22202. FOR FURTHER INFORMATION CONTACT: MSgt Robert Bowling, USAF, DACOWITS, 4000 Defense Pentagon, Room 2C548A, Washington, DC 20301-4000. *Robert.bowling@osd.mil.* Telephone

(703)697-2122. Fax

(703)614-6233. SUPPLEMENTARY INFORMATION: Meeting agenda. *Tuesday, 29 January 2008 8:30 a.m.-5 p.m.* Welcome & Administrative Remarks. Deliberate on findings and vote on recommendations. Public Forum. *Wednesday, 30 January 2008 1 p.m.-6 p.m.* Welcome & Administrative Remarks. Receive briefings: Recruiting, Retention, and Promotion Status of Active Duty Women in the Armed Forces. Status of Forces Reserve Component Spouses 2006 Survey. Status of Force Active Duty Spouses. Meeting/Briefing with Dr. Chu and Mr. Dominguez. *Thursday, 31 January 2008 8:30 a.m.-5 p.m.* Discuss mission, goals, and topics for 2008. Discuss timeline and installations to visit in 2008. Note: Exact order may vary. Dated: January 8, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, DoD. [FR Doc. E8-419 Filed 1-11-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [USN-2008-0001] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to amend a system of records. SUMMARY: The Department of the Navy is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on February 13, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at

(202)685-6545. SUPPLEMENTARY INFORMATION: The Department of the Navy systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection

(r)of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: January 8, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. N01750-1 SYSTEM NAME: Navy Ombudsman Registry (February 3, 2007, 72 FR 5022). CHANGES: SYSTEM NAME: Delete “Navy” and replace with “Family”. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Delete entry and replace with “Individuals who have volunteered to serve as Navy family ombudsmen in the Navy Family Ombudsmen Program.” AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Delete entry and replace with “10 U.S.C. 5013, Secretary of the Navy and OPNAVINST 1750.1 Series, Navy Family Ombudsmen Program.” PURPOSE(S): In line 1, after the word “Navy”, add “family”. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Delete entry and replace with “Networked databases.” RETENTION AND DISPOSAL: In line 1, delete “ombudsmen” and replace with “ombudsman”. N01750-1 SYSTEM NAME: Navy Family Ombudsman Registry. SYSTEM LOCATION: Fleet and Family Support Program, Navy Installations Command, 2713 Mitscher Road SW., Ste. 300, Anacostia Annex, DC 20373-5802. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals who have volunteered to serve as Navy family ombudsmen in the Navy Family Ombudsmen Program. CATEGORIES OF RECORDS IN THE SYSTEM: Name, addresses (home, business, and e-mail, phone numbers (home, office, cell, and fax), command name and address, command unit identification code (UIC), gender, and training dates. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 10 U.S.C. 5013, Secretary of the Navy and OPNAVINST 1750.1 Series, Navy Family Ombudsmen Program. PURPOSE(S): To identify Navy family ombudsmen; provide them with program information; collect program statistics and workload data; and maintain record of program training received. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The DoD ‘Blanket Routine Uses’ that appear at the beginning of the Navy's compilation of systems of records notices apply to this system. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Networked databases. RETRIEVABILITY: Name and organization. SAFEGUARDS: Password controlled system. Access limited to program coordinators, commanding officers and/or their appointed representatives. RETENTION AND DISPOSAL: Destroy when ombudsman resigns from position or is replaced. SYSTEM MANAGER(S) AND ADDRESS: Director, Family Readiness Programs, Navy Installations Command, 2713 Mitscher Road SW., Ste. 300, Anacostia Annex, DC 20373-5802. NOTIFICATION PROCEDURE: Individuals seeking to determine whether information about themselves is contained in this system of records should address written inquiries to the Director, Family Readiness Programs, Navy Installations Command, 2713 Mitscher Road SW., Ste. 300, Anacostia Annex, DC 20373-5802. The request should include full name and should be signed. RECORD ACCESS PROCEDURES: Individuals seeking access to information about themselves contained in this system of records should address written inquiries to the Director, Family Readiness Programs, Navy Installations Command, 2713 Mitscher Road SW., Ste. 300, Anacostia Annex, DC 20373-5802. The request should include full name and should be signed. CONTESTING RECORD PROCEDURES: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. RECORD SOURCE CATEGORIES: Individual and commanding officer and/or their appointed representative. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E8-420 Filed 1-11-08; 8:45 am] BILLING CODE 5001-06-P DELAWARE RIVER BASIN COMMISSION Notice of Methodology for the Delaware River and Bay Integrated List Water Quality Assessment AGENCY: Delaware River Basin Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the methodology, including data sets, to be used in developing the 2008 Delaware River and Bay Integrated List Water Quality Assessment is available for review and comment. DATES: Comments must be received by close of business on January 28, 2008. ADDRESSES: Comments will be accepted via e-mail to *john.yagecic@drbc.state.nj.us;* via fax to 609-883-9522; by U.S. Mail to DRBC, Attn: Integrated Assessment 2008, P.O. Box 7360, West Trenton, NJ 08628-0360; via private carrier to DRBC, Attn: Integrated Assessment 2008, 25 State Police Drive, West Trenton, NJ 08628-0360; or by hand. All submissions should have the phrase “Integrated Assessment 2008” in the subject line and should include the name, address (street address optional) and affiliation, if any, of the commenter. FOR FURTHER INFORMATION CONTACT: Mr. John Yagecic, Supervisor, Standards and Assessment Section, DRBC Modeling, Monitoring and Assessment Branch, via e-mail to *john.yagecic@drbc.state.nj.us* or by telephone to 609-883-9500, ext. 271. SUPPLEMENTARY INFORMATION: The Delaware River Basin Commission (“DRBC” or “Commission”) is an interstate and federal compact agency that was created in 1961 by concurrent legislation of the States of Delaware, New Jersey, and New York, the Commonwealth of Pennsylvania and the United States Government for purpose of jointly managing the water resources of the Delaware River Basin. DRBC currently is compiling data for the 2008 Delaware River and Bay Integrated List Water Quality Assessment (“2008 Assessment”) required by the federal Clean Water Act (CWA). The 2008 Assessment will report the extent to which waters of the Delaware River and Bay are attaining designated uses in accordance with Section 305(b) of the CWA and will identify impaired waters, which consist of waters that do not meet surface water quality standards. The assessment methodology to be used to develop the 2008 Assessment will closely track the methodology used for the most recent assessment, completed in 2006. The 2006 assessment is available for review at *http://www.state.nj.us/drbc/06IntegratedList/index.htm.* In the 2008 Assessment DRBC proposes to reduce the number of assessment units from the number used in 2006 by consolidating the units into DRBC's Water Quality Management Zones 1A, 1B, 1C, 1D, 1E, 2, 3, 4, and 5, the boundaries of which are defined in DRBC's Water Quality Regulations (18 CFR Part 410), available on the Web at *http://www.state.nj.us/drbc/regs/WQRegs_092607.pdf* . The 2008 Assessment will continue, however, to include subunits within Zone 6 that are defined in part by shellfish management directives issued by the states of Delaware and New Jersey. Dated: January 8, 2008. Pamela M. Bush, Commission Secretary. [FR Doc. E8-453 Filed 1-11-08; 8:45 am] BILLING CODE 6360-01-P DEPARTMENT OF EDUCATION Jacob K. Javits Gifted and Talented Students Education Program AGENCY: Office of Elementary and Secondary Education, Department of Education. ACTION: Notice of proposed priority. SUMMARY: The Assistant Secretary for Elementary and Secondary Education proposes a priority under the Jacob K. Javits Gifted and Talented Students Education Program. The Assistant Secretary may use this priority for competitions in fiscal year

(FY)2008 and later years. We take this action to support the implementation of models with demonstrated effectiveness in identifying and serving gifted and talented students who are economically disadvantaged or limited English proficient, or who have disabilities, and who may not be identified and served through typical strategies for identifying gifted children. We intend the priority to increase the availability of proven approaches for increasing the number of students from underrepresented groups performing at high levels of academic achievement. DATES: We must receive your comments on or before February 13, 2008. ADDRESSES: Address all comments about this proposed priority to Teresa Cahalan, U.S. Department of Education, 400 Maryland Avenue, SW., Room 5W218, Washington, DC 20202-6200. If you prefer to send your comments through the Internet, use the following address: *jacobk.javits@ed.gov.* You must include the term “Comments on FY 2008 Javits Priority” in the subject line of your electronic message. FOR FURTHER INFORMATION CONTACT: Teresa Cahalan. Telephone:

(202)401-3947. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service

(FRS)at 1-800-877-8339. Individuals with disabilities can obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT . SUPPLEMENTARY INFORMATION: Invitation to Comment We invite you to submit comments regarding this proposed priority. We invite you to assist us in complying with the specific requirements of Executive Order 12866 and its overall requirement of reducing regulatory burden that might result from this proposed priority. Please let us know of any further opportunities we should take to reduce potential costs or increase potential benefits while preserving the effective and efficient administration of the program. During and after the comment period, you may inspect all public comments about this proposed priority in Room 5W218, 400 Maryland Avenue, SW., Washington, DC, between the hours of 8:30 a.m. and 4 p.m., Eastern time, Monday through Friday of each week except Federal holidays. Assistance to Individuals With Disabilities in Reviewing the Rulemaking Record On request, we will supply an appropriate aid, such as a reader or print magnifier, to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for this proposed priority. If you want to schedule an appointment for this type of aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT . General The purpose of the Jacob K. Javits Gifted and Talented Students Education Program is to carry out a coordinated program of scientifically based research, demonstration projects, innovative strategies, and similar activities designed to build and enhance the ability of elementary schools and secondary schools nationwide to meet the special educational needs of gifted and talented students. Background of the Priority Consistent with section 5465(a)(2) of the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. 7253), this proposed priority focuses on the implementation and evaluation of projects that expand interventions that identify and serve gifted and talented students who are economically disadvantaged or limited English proficient, or who have disabilities, and who may not be identified and served through typical strategies for identifying gifted children. Specifically, the priority focuses on the expansion of these projects to multiple settings and for different student populations. In 2007, 32 percent of all 4th grade public school students scored at or above the proficient level in reading on the National Assessment of Educational Progress, compared to only 17 percent of students who are eligible for free or reduced price lunch under the National School Lunch program (i.e., students who are economically disadvantaged), 13 percent of students with disabilities, and 7 percent of students with limited English proficiency. Students from these three groups are significantly underrepresented at or above proficient levels on the 8th grade reading and 4th and 8th grade mathematics assessments. Since its creation in 1989, the Jacob K. Javits Gifted and Talented Students Education Program has supported over 125 small-scale model projects and intervention strategies, some of which have produced statistically significant increases in student academic achievement on standardized tests. In order to have a national impact with the limited funds available for new awards under this program, the goal of this priority is to expand upon, field-test, and evaluate research-based interventions that have shown evidence of success in increasing the number of economically disadvantaged, limited English proficient, or disabled students performing at high levels of academic achievement. Based on our experience with previous grants, we have found that successful projects require demonstrated expertise in the following areas: Education research and program evaluation, one or more of the core academic subject areas (English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography), the needs of disadvantaged or other underrepresented students, and gifted and talented education. We will announce the final priority in a notice in the **Federal Register** . We will determine the final priority after considering responses to this notice and other information available to the Department. This notice does not preclude us from proposing or funding additional priorities, subject to meeting applicable rulemaking requirements. Note: This notice does *not* solicit applications. In any year in which we choose to use this proposed priority, we invite applications through a notice in the **Federal Register** . When inviting applications we designate the priority as absolute, competitive preference, or invitational. The effect of each type of priority follows: *Absolute priority:* Under an absolute priority we consider only applications that meet the priority (34 CFR 75.105(c)(3)). *Competitive preference priority:* Under a competitive preference priority we give competitive preference to an application by either

(1)awarding additional points, depending on how well or the extent to which the application meets the competitive preference priority (34 CFR 75.105(c)(2)(i)); or

(2)selecting an application that meets the competitive preference priority over an application of comparable merit that does not meet the priority (34 CFR 75.105(c)(2)(ii)). *Invitational priority:* Under an invitational priority we are particularly interested in applications that meet the invitational priority. However, we do not give an application that meets the invitational priority a competitive or absolute preference over other applications (34 CFR 75.105(c)(1)). Priority Proposed Priority Under this proposed priority, grantees must “scale up” and evaluate models designed to increase the number of students from underrepresented groups who, through gifted and talented education programs, perform at high levels of academic achievement. For this priority, “scaling up” means to expand a program with demonstrated effectiveness at one level (such as a school or other educational setting, student population, grade level, or academic subject area) for use in broader settings or with different populations. With regard to this priority, underrepresented groups refer to the following three groups of students: Economically disadvantaged individuals, individuals with limited English proficiency, and individuals with disabilities. To meet this priority, applicants must include all of the following in their applications:

(1)Evidence from one or more scientifically based research and evaluation studies indicating that the proposed intervention has raised the achievement of students from one or more underrepresented groups in one or more core subject areas.

(2)Evidence from one or more scientifically based research and evaluation studies that the proposed intervention has resulted in increased numbers of students from underrepresented groups who are prepared to participate in gifted and talented education programs.

(3)Evidence that the applicant has significant expertise on its leadership team in each of the following areas: Research and program evaluation, content knowledge in one or more core academic subject areas, working with underrepresented groups, and gifted and talented education.

(4)A sound plan for implementing the model in multiple settings or with multiple populations.

(5)A research and evaluation plan that employs an experimental or quasi-experimental design to measure the impact of the intervention on the achievement of students who are economically disadvantaged or limited English proficient, or who have disabilities, and on the number of these students who are prepared to participate in gifted and talented education programs. Note: Evaluation methods using an experimental design are best for determining the effectiveness of interventions. Thus, when feasible, the project must use an experimental design under which participants ( *e.g.* , students, teachers, classrooms, or schools) are randomly assigned to participate in the project activities being evaluated or to a control group that does not participate in the project activities being evaluated. If random assignment is not feasible, the project may use a quasi-experimental design with carefully matched comparison conditions. This alternative design attempts to approximate a randomly assigned control group by matching participants with non-participants having similar pre-intervention characteristics. Executive Order 12866 This notice of proposed priority has been reviewed in accordance with Executive Order 12866. Under the terms of the order, we have assessed the potential costs and benefits of this regulatory action. The potential costs associated with the notice of proposed priority are those resulting from statutory requirements and those we have determined as necessary for administering this program effectively and efficiently. In assessing the potential costs and benefits—both quantitative and qualitative—of this notice of proposed priority, we have determined that the benefits of the proposed priority justify the costs. We have also determined that this regulatory action does not unduly interfere with State, local, and tribal governments in the exercise of their governmental functions. Intergovernmental Review This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. One of the objectives of the Executive order is to foster an intergovernmental partnership and a strengthened federalism. The Executive order relies on processes developed by State and local governments for coordination and review of proposed Federal financial assistance. This document provides early notification of our specific plans and actions for this program. Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the **Federal Register** , in text or Adobe Portable Document Format

(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at

(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* (Catalog of Federal Domestic Assistance Number 84.206A Jacob K. Javits Gifted and Talented Students Education Program) Program Authority: 20 U.S.C. 7253. Dated: January 9, 2008. Kerri L. Briggs, Assistant Secretary for Elementary and Secondary Education. [FR Doc. E8-450 Filed 1-11-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Special Education and Rehabilitative Services; List of Correspondence AGENCY: Department of Education. ACTION: List of Correspondence from July 1, 2007 through September 30, 2007. SUMMARY: The Secretary is publishing the following list pursuant to section 607(f) of the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004 (IDEA). Under section 607(f) of IDEA, the Secretary is required, on a quarterly basis, to publish in the **Federal Register** a list of correspondence from the U.S. Department of Education (Department) received by individuals during the previous quarter that describes the interpretations of the Department of IDEA or the regulations that implement IDEA. FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds. Telephone:

(202)245-7468. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service

(FRS)at 1-800-877-8339. Individuals with disabilities may obtain a copy of this notice in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact persons listed under FOR FURTHER INFORMATION CONTACT . SUPPLEMENTARY INFORMATION: The following list identifies correspondence from the Department issued from July 1, 2007 through September 30, 2007. Included on the list are those letters that contain interpretations of the requirements of IDEA and its implementing regulations, as well as letters and other documents that the Department believes will assist the public in understanding the requirements of the law and its regulations. The date of and topic addressed by a letter are identified, and summary information is also provided, as appropriate. To protect the privacy interests of the individual or individuals involved, personally identifiable information has been deleted, as appropriate. Part A—General Provisions Section 602—Definitions Topic Addressed: Child With a Disability ○ Letter dated September 11, 2007 to individual (personally identifiable information redacted), regarding how a local educational agency

(LEA)may address the needs of a child with a neurological impairment. Part B—Assistance for Education of All Children With Disabilities Section 612—State Eligibility Topic Addressed: Methods of Ensuring Services ○ Letter dated August 15, 2007 to New Zion, South Carolina Walker Gamble Elementary School official Carlette Morris, regarding use of an interagency agreement between a State or LEA and a State Medicaid Agency to obtain Medicaid reimbursement for Medicaid-covered services included in a Medicaid-eligible child's individualized education program (IEP). Topic Addressed: Confidentiality of Education Records ○ Letter dated August 7, 2007 to U.S. Representative Bill Shuster, restating the Department's policy that test protocols that do not contain personally identifiable information are not education records under either Part B of IDEA or the Family Educational Rights and Privacy Act. Topic Addressed: Children With Disabilities Enrolled by Their Parents in Private Schools ○ Letter dated August 22, 2007 to Arizona Director of Exceptional Student Services Colette Chapman, clarifying that children with disabilities placed by their parents in for-profit private schools are not considered “parentally-placed private school children with disabilities,” are not included in the proportionate share calculation and are not eligible for equitable services. ○ Letter dated August 29, 2007 to Scarsdale, New York Public Schools Director of Special Education Dr. Michael Mendelson, regarding requirements in Part B of IDEA that are applicable to the LEA where the private school is located when a child with a disability is parentally-placed in a special education private school. Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements Topic Addressed: Evaluations and Reevaluations ○ Letter dated July 27, 2007 to individual (personally identifiable information redacted) and letter dated September 24, 2007 to Mountain Plains Regional Resource Center Co-Director Dr. Carol Massanari, regarding the use of response to intervention in evaluating children suspected of having specific learning disabilities. ○ Letter dated August 15, 2007 to Lehigh University Professor Perry A. Zirkel, regarding an LEA's use of its State-adopted criteria for determining whether a child has a specific learning disability. ○ Letter dated September 5, 2007 to New York Attorney Edward J. Sarzynski, regarding whether written parental consent is required for all evaluations that are not standardized tests administered to all students. Topic Addressed: Individualized Education Programs ○ Letter dated July 19, 2007 to individual (personally identifiable information redacted), regarding a State's proposed rules that relate to IEPs and other requirements in Part B of IDEA. ○ Letter dated August 24, 2007 to Disability Rights Advocate Pat Kelly, clarifying when benchmarks or short-term objectives must be included in the IEPs of students with disabilities who take alternate assessments aligned to alternate achievement standards. ○ Letter dated August 22, 2007 to Trident Literacy Association official Suzy Arents, clarifying that a private nonprofit entity has no obligation to develop IEPs for students with disabilities who have withdrawn from the public school program and who seek literacy services directly from a private nonprofit entity. ○ Letter dated September 4, 2007 to Conway, Arkansas Public Schools official Linda Boswell, regarding translation of IEP documents into a parent's native language. Section 615—Procedural Safeguards Topic Addressed: Impartial Due Process Hearing ○ Letter dated August 15, 2007 to Kentucky School Boards Association Senior Attorney Teresa T. Combs, regarding the Department's current position on whether a local school district must or may file a request for a due process hearing to attempt to force a child to return to the district's special education program when the parent revokes consent for the child's receipt of special education and related services. ○ Letter dated August 15, 2007 to Massachusetts Bureau of Special Education Appeals Director Richard E. Connelly, clarifying the obligation of a public agency to provide, at no cost, a copy of a written, or at the option of the parent, an electronic, verbatim record from a due process hearing, even though the applicable appeal period has expired. ○ Letter dated September 11, 2007 to Puerto Rico Special Education Attorney Roberto Maldonado, clarifying that any party to a due process hearing has the right to either a free copy of a written, or at the option of the parents, an electronic, verbatim record of the hearing, not both. Topic Addressed: Maintenance of Current Educational Placement ○ Letter dated September 4, 2007 to Partnership for Children's Rights Attorney Michael D. Hampden, clarifying the applicability of the requirement regarding a child's status during the pendency of administrative or judicial proceedings in a single tier or two-tier due process system when no subsequent appeals are filed. Topic Addressed: Protections for Children Not Yet Eligible for Special Education and Related Services ○ Letter dated September 5, 2007 to individual (personally identifiable information redacted), clarifying whether an expulsion hearing may occur before the hearing officer determines whether the LEA had knowledge that the child was a child with a disability. Part C—Infants and Toddlers With Disabilities Section 636—Individualized Family Service Plan Topic Addressed: Content of Plan ○ Letter dated September 4, 2007 to Florida Early Steps Bureau Chief Janice M. Kane, clarifying the State's obligation to provide any services that meet the Part C definition of early intervention services through an individualized family service plan (IFSP). ○ Letter dated September 24, 2007 to individual (personally identifiable information redacted), clarifying that the IFSP Team, which includes the child's parents, makes an individualized determination of whether a particular method of providing services is needed for a child to achieve the outcomes in the child's IFSP. Other Letters That Do Not Interpret Idea But May Be of Interest to Readers Topic Addressed: Transition ○ Rehabilitation Services Administration Information Memorandum RSA-IM-07-08, regarding a comprehensive transition program that uses a variety of activities and innovative approaches to expose transition-age youth with disabilities (ages 14 to 24) to careers in science, technology, engineering, and math and other technology-based professions. Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the **Federal Register,** in text or Adobe Portable Document Format

(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister/index.html.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at

(202)512-1530. Note: The official version of this document is the document published in the **Federal Register.** Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* (Catalog of Federal Domestic Assistance Number 84.027, Assistance to States for Education of Children with Disabilities) Dated: January 8, 2008. Tracy R. Justesen, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E8-448 Filed 1-11-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC08-73-000; FERC Form 73] Commission Information Collection Activities, Proposed Collection; Comment Request; Extension January 4, 2008. AGENCY: Federal Energy Regulatory Commission. ACTION: Notice. SUMMARY: In compliance with the requirements of section 3506(c)(2)(a) of the Paperwork Reduction Act of 1995 (Pub. L. No. 104-13), the Federal Energy Regulatory Commission (Commission) is soliciting public comment on the specific aspects of the information collection described below. DATES: Comments on the collection of information are due by March 10, 2008. ADDRESSES: Copies of sample filings can be obtained from the Commission's Web site: ( *http://elibrary.ferc.gov/idmws/search/fercgensearch.asp* ) by entering, in the Docket Number block, the prefix “DO” together with the fiscal year of the filing, followed by an asterisk (for example: DO07*), or from the Federal Energy Regulatory Commission, Attn: Michael Miller, Office of the Executive Director, ED-34, 888 First Street, NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those parties filing electronically do not need to make a paper filing. For paper filings, the original and 14 copies of such comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and refer to Docket No. IC08-73-000. Documents filed electronically via the Internet must be prepared in WordPerfect, MS Word, Portable Document Format or ASCII format. To file the document, access the Commission's Web site at *http://www.ferc.gov* and choose the Documents and Filings tab, click on E-filing, then follow the instructions given. First time users will need to establish a user name and password. The Commission will send an automatic acknowledgement to the sender's e-mail address upon receipt of comments. All comments may be viewed, printed or downloaded remotely via the Internet through FERC's homepage using the *eLibrary* link. For user assistance, contact *ferconlinesupport@ferc.gov* or 202-502-6652 (toll free at 1-866-208-3676). E-mail the Public Reference Room at *public.referenceroom@ferc.gov* . FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at

(202)502-8415, by fax at

(202)273-0873, and by e-mail at *michael.miller@ferc.gov* . SUPPLEMENTARY INFORMATION: The information collected under the requirements of FERC Form 73 “Oil Pipelines Service Life Data” (OMB No. 1902-0019) is used by the Commission to establish oil pipeline property depreciation rates based on the physical properties of a pipeline's equipment. Congress gave the Commission jurisdiction over oil pipeline rates, charges and valuations in Pub. L. 103-272, sec. 60502 (1994). 1 The Commission's regulations governing FERC Form No. 73 can be found in 18 CFR § 357.3. The filing instructions are available online at *http://www.ferc.gov/docs-filing/hard-fil.asp* , under the Oil tab. 1 *To Revise, Codify and Enact Without Substantive Change Certain General and Permanent Laws, Related to Transportation, as Subtitles II, III, and V-X of Title 49, U.S.C., “Transportation”, and to Make Other Technical Improvements in the Code,* 49 U.S.C. 60502 (July 5, 1994). This Act repealed the Department of Energy Act sections 306 and 402 under which the Interstate Commerce Commission transferred to, and vested, in the Commission all functions and authority over rates or charges for the transportation of oil by pipeline including the establishment of valuations of any such pipeline, Pub. L. 95-91 (August 4, 1977). Depreciation rates are a factor in a pipeline's transportation cost of service. As such, companies are required to submit Form No. 73 when requesting Commission approval of:

(1)The establishment of depreciation rates for new pipeline equipment or

(2)revision of previously approved depreciation rates, when the depreciation is based on the physical properties of the pipeline company's equipment. The Commission may also request an oil pipeline to submit a Form No. 73 during a rate investigation. On May 27, 2005, in Order No. 656, the Commission amended the Form No. 73 instructions to allow for filing on a diskette in a spreadsheet file format, eliminated the filing requirement for utility codes, which were no longer used by the Commission, and updated the filing instructions to delete references to outdated filing formats. 2 2 Revision of FERC Form No. 73, Oil Pipeline Data Filing Instructions, Order No. 656, 70 FR 34343 (June 14, 2005), FERC Statutes and Regulations, Regulations Preambles 2001-2005 ¶ 31,183(2005). *Action:* The Commission is requesting approval and three-year extension of the current expiration date. There are no changes to the information that is collected on Form 73. This is a mandatory information collection requirement. *Burden Statement:* Public reporting burden for this collection is estimated as follows: Number of respondents annually Number of responses per respondent Average burden hours per response Total annual burden hours

(1)×

(2)×

(3)2 1 40 80 The estimated total cost to respondents is $4,861 (80 hours divided by 2,080 hours per employee 3 per year times $126,384 4 per year average salary per employee equals $4,861 (rounded)). The estimated cost of filing Form 73 per respondent is $2,431. 3 Number of hours an employee works per year. 4 Average annual salary per employee. The reporting burden includes the total time, effort, or financial resources expended to generate, maintain, retain, disclose, or provide the information including:

(1)Reviewing instructions;

(2)developing, acquiring, installing, and utilizing technology and systems for the purposes of collecting, validating, verifying, processing, maintaining, disclosing and providing information;

(3)adjusting the existing ways to comply with any previously applicable instructions and requirements;

(4)training personnel to respond to a collection of information;

(5)searching data sources;

(6)completing and reviewing the collection of information; and

(7)transmitting, or otherwise disclosing the information. The estimate of cost for respondents is based upon salaries for professional and clerical support, as well as direct and indirect overhead costs. Direct costs include all costs directly attributable to providing this information, such as administrative costs and the cost for information technology. Indirect or overhead costs are costs incurred by an organization in support of its mission. These costs apply to activities which benefit the whole organization rather than any one particular function or activity. Comments are invited on:

(1)Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility;

(2)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(3)ways to enhance the quality, utility and clarity of the information to be collected; and

(4)ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology e.g. permitting electronic submission of responses. Kimberly D. Bose, Secretary. [FR Doc. E8-402 Filed 1-11-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-48-000; Docket No. CP91-50-004] Puget Sound Energy, Inc.; SOCCO, Inc. Sumas Pipeline Company; Sumas Cogeneration Company, L.P.; Notice of Application To Transfer Natural Gas Act Section 3 Authorization and Presidential Permit January 4, 2008. On December 21, 2007, Puget Sound Energy, Inc. (Puget), SOCCO, Inc. (SOCCO), Sumas Pipeline Company (SPC), and Sumas Cogeneration Company, L.P. (SCCLP) (collectively, the Applicants) filed an application pursuant to section 3 of the Natural Gas Act

(NGA)and section 153 of the Commission's Regulations and Executive Order No. 10485, as amended by Executive Order No. 12038, and the Secretary of Energy's Delegation Order No. 00-004.00A, effective May 16, 2006, seeking authorization to transfer SCCLP's existing NGA section 3 authorization and Presidential Permit to Puget, SOCCO, and SPC, all as more fully set forth in the application which is on file with the Commission and open to the public for inspection. This filing is available for review at the Commission or may be viewed on the Commission's Web site at *http://www.ferc.gov* , using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or for TTY, contact

(202)502-8659. Any questions regarding the application may be directed to: Pamela J. Anderson, Attorney for Puget Sound Energy, Inc., Van Ness Feldman, PC, 719 Second Avenue, Suite 1150, Seattle, Washington 98112, or call

(206)623-9372; or Matthew M. Schreck, Attorney for SOCCO, Inc., Sumas Pipeline Company, and Sumas Cogeneration Company, L.P., Corbett & Schreck, P.C., 9525 Katy Freeway, Suite 420, Houston, Texas 77024, or call

(713)444-6687. Specifically, SCCLP, Puget, SOCCO, and Sumas, and Sword request the Commission to issue an order:

(1)Transferring SCCLP's NGA section 3 authorization to Puget, SOCCO, and Sumas for the operation and maintenance of facilities for the importation of natural gas from the Province of British Columbia, Canada, into Whatcom County, Washington; and

(2)authorizing the assignment of SCCLP's May 1, 1991, as subsequently amended, Presidential Permit for the operation and maintenance of facilities at the British Columbia, Canada/Washington import point. The import facilities consist of

(1)an interconnection with Westcoast Energy, Inc., at the international border between Canada and the United States, and

(2)an 8-inch diameter pipeline located directly south of the Sumas gas meter station that crosses the Canada-United States border near or within the City of Sumas in Whatcom County, extending a distance of approximately 3.79 miles. The 8-inch diameter pipeline interconnects with the Sumas tie-in station at the 125-megawatt gas-fired Sumas cogeneration power plant owned and operated by SCCLP. Applicants state that the border facilities will remain in place and operation following the requested transfer and assignment. Applicants also state that they are not proposing to construct and operate any new facilities. Applicants further state that there are no current third party service agreements associated with the facilities, service has not been offered to the public, and that the import and transportation of Canadian natural gas would be solely for use by the Applicants' (owners) respective facilities. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. The Commission strongly encourages electronic filings of comments, protests, and interventions via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. *Comment Date:* January 25, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-398 Filed 1-11-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-49-000] Distrigas of Massachusetts Corporation; Notice of Application for Abandonment of Sales Services January 4, 2008. Take notice that on December 19, 2007, Distrigas of Massachusetts LLC (DOMAC), One Liberty Square, 10th Floor, Boston, Massachusetts 02109, filed an application under section 3 and section 7 of the Natural Gas Act

(NGA)to obtain authorization:

(1)For the abandonment of services provided pursuant to DOMAC's FERC Gas Tariff, First Revisited Volume No. 1 (Tariff) and under DOMAC's amended certificate of public convenience and necessity;

(2)for the cancellation of DOMAC's Tariff, including all of its rate schedules contained therein; and

(3)to retain certain existing rate and service terms now applicable to its liquid sales only pursuant to section 3 of the NGA based upon the Commission's acceptance of their Terms of Liquid Service; to become applicable to liquid sales upon such approval. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Any questions regarding this filing should be directed to Mr. Robert A. Nailling, Vice President, General Counsel and Secretary, Distrigas of Massachusetts LLC, One Liberty Square, 10th Floor, Boston, Massachusetts 02109, or Phone:

(617)526-8300. DOMAC states that it purchases liquefied natural gas

(LNG)imported by Distrigas LLC from various international sources. Distrigas LLC is a corporate affiliate of DOMAC. DOMAC then resells the LNG in vapor and liquid form to its customers located throughout the northeastern United States. DOMAC's customers include local distribution companies, gas marketers, and end-users, including electric power generation plants. DOMAC proposes to continue to make such sales of LNG in liquid and vapor form subject only to the Commission's jurisdiction under section 3 of the NGA, as amended by the Energy Policy Act of 2005. DOMAC proposes that sales of vaporized LNG will be under flexible, negotiate contracts with market-responsive terms not subject to the Commission's jurisdiction. However, DOMAC proposes a Statement of Terms and Conditions for Liquid Service incorporating terms and conditions from the current Tariff, to apply only to liquid sales. DOMAC requests that the proposed abandonment of such sales pursuant to its amended certificate under section 7 of the NGA and the Terms of Liquid Service be effective as of April 1, 2008. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date shown below. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. *Comment Date:* January 25, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-399 Filed 1-11-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings # 1 January 3, 2008. Take notice that the Commission received the following electric corporate filings: *Docket Numbers:* EC08-28-000. *Applicants:* Lehman Brothers Commodity Services, Inc.; Eagle Energy Partners I, LP. *Description:* Lehman Brothers Commodity Services, Inc's et al. application for authorization for disposition of jurisdictional facilities and request for expedited action. *Filed Date:* 12/26/2007. *Accession Number:* 20071228-0115. *Comment Date:* 5 p.m. Eastern Time on Wednesday, January 16, 2008. *Docket Numbers:* EC08-29-000. *Applicants:* APX, Inc. *Description:* APX, Inc. submits an application for authorization for disposition of jurisdictional facilities and request for expedited action. *Filed Date:* 12/21/2007. *Accession Number: 20071228-0117.* *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. Take notice that the Commission received the following exempt wholesale generator filings: *Docket Numbers:* EG08-28-000. *Applicants:* Waterbury Generation, LLC. *Description:* Waterbury Generation, LLC submits Notice of Self-Certification of Exempt Wholesale Generator Status. *Filed Date:* 12/20/2007. *Accession Number:* 20071228-0002. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 10, 2008. Take notice that the Commission received the following electric rate filings: *Docket Numbers:* ER99-2251-007; ER99-2252-008; ER97-705-018; ER02-2080-007; ER02-2546-008; ER99-3248-010; ER99-1213-008; ER01-1526-008. *Applicants:* Consolidated Edison Company of New York, Inc.; Orange & Rockland Utilities, Inc.; Consolidated Edison Solutions, Inc.; Ocean Peaking Power, LLC; CED Rock Springs, Inc.; ConEdison Energy Massachusetts, Inc.; Lakewood Cogeneration LP; Newington Energy, L.L.C. *Description:* Consolidated Edison Company of New York, Inc *et al.* submits market based rate tariffs. *Filed Date:* 12/20/2007. *Accession Number:* 20071228-0061. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 10, 2008. *Docket Numbers:* ER02-1173-004; ER02-1336-004; ER06-1265-001. *Applicants:* Front Range Power Company, LLC; Vandolah Power Company, LLC; Orlando Cogen LTD LP. *Description:* Front Range Power Co, LLC *et al.* submits a supplement to the Notice of Non-Material Change in Status. *Filed Date:* 12/21/2007. *Accession Number: 20071227-0196.* *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER02-305-006. *Applicants:* Condon Wind Power, LLC. *Description:* Condon Wind Power, LLC submits an amendment to its 11/9/07 filing of a non-material change in status resulting from new affiliations by one of its upstream parent companies. *Filed Date:* 12/21/2007. *Accession Number:* 20071227-0194. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER03-774-006. *Applicants:* Eagle Energy Partners I, LP. *Description:* Eagle Energy Partners I, LP submits a Notice of Non-Material Change in Status. *Filed Date:* 12/21/2007. *Accession Number:* 20071228-0054. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER03-1207-006. *Applicants:* AES Delano, Inc.; Covanta Delano, Inc. *Description:* Covanta Delano, Inc. submits First Revised Sheet 1 to FERC Electric Tariff, First Revised Volume 1, to be effective 12/26/07. *Filed Date:* 12/26/2007. *Accession Number:* 20071228-0055. *Comment Date:* 5 p.m. Eastern Time on Wednesday, January 16, 2008. *Docket Numbers:* ER04-835-009. *Applicants:* California Independent System Operator Corporation. *Description:* The California Independent System Operator Corp in compliance with FERC's Order on Rehearing issued on 11/20/07 submits revisions to the CAISO Tariff re the use of the Must-Offer Obligation etc. *Filed Date:* 12/20/2007. *Accession Number:* 20080102-0264. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 10, 2008. *Docket Numbers:* ER05-1420-005. *Applicants:* Lehman Brothers Commodity Services Inc. *Description:* Lehman Brothers Commodity Services, Inc. submits a Notice of Non-Material Change in Status. *Filed Date:* 12/21/2007. *Accession Number:* 20071228-0056. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER05-717-007; ER05-721-007; ER04-374-007; ER99-2341-009; ER06-230-004; ER06-1334-004; ER07-277-002; ER07-810-001. *Applicants:* Spring Canyon Energy LLC; Judith Gap Energy LLC; Invenergy TN LLC; Hardee Power Partners LTD; Wolverine Creek Energy LLC; Spindle Hill Energy LLC; Invenergy Cannon Falls LLC; Grays Harbor Energy LLC. *Description:* Spring Canyon Energy LLC et al submits a joint notice of change in status under the market-based rate authority and revised tariffs in compliance with Order 697. *Filed Date:* 12/21/2007. *Accession Number:* 20071228-0062. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER07-93-001. *Applicants:* Entergy Services, Inc.; Entergy Services Inc. *Description:* Entergy Services, Inc. on behalf of Entergy Operating Companies submits a refund report. *Filed Date:* 12/20/2007. *Accession Number:* 20071228-0066. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 10, 2008. *Docket Numbers:* ER07-1199-001. *Applicants:* Airtricity Munnsville Wind Farm, LLC. *Description:* Airtricity Munnsville Wind Farm, LLC's response to FERC Staff's request to re-format certain tariff sheets submitted with their 11/30/07 Notice of Change in Status. *Filed Date:* 12/20/2007. *Accession Number:* 20071227-0195. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 10, 2008. *Docket Numbers:* ER07-1267-001. *Applicants:* Arizona Public Service Company. *Description:* Arizona Public Service Co. submits a compliance filing of the Operation and Maintenance Agreement with Southwest Transmission Cooperative, Inc for the Round Valley Substation. *Filed Date:* 12/21/2007. *Accession Number:* 20071228-0063. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER07-371-004. *Applicants:* Southwest Power Pool, Inc. *Description:* Southwest Power Pool, Inc submits a compliance filing containing a modification to Schedule 2 of its OATT. *Filed Date:* 12/20/2007. *Accession Number:* 20071228-0057. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 10, 2008. *Docket Numbers:* ER07-527-002. *Applicants:* Longview Fibre Paper and Packaging, Inc. *Description:* Longview Fibre Paper and Packaging, Inc. submits an amendment to its 11/30/07 filing of a Notice of Non-Material Change in Status. *Filed Date:* 12/21/2007. *Accession Number:* 20071228-0050. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER08-14-002. *Applicants:* Alpha Domestic Power Trading, L.L.C. *Description:* Alpha Domestic Power Trading, LLC submits Substitute Original Sheet 1 to FERC Electric Tariff, Original Volume 1 effective 10/8/07. *Filed Date:* 12/20/2007. *Accession Number:* 20071228-0059. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 10, 2008. *Docket Numbers:* ER08-241-001. *Applicants:* Consolidated Water Power Company. *Description:* Consolidated Water Power Co. submits a Service Agreement for Wholesale Distribution Service with the City of Wisconsin Rapids, WI. *Filed Date:* 12/21/2007. *Accession Number:* 20071228-0060. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER08-284-001. *Applicants:* Argo Navis Fundamental Power Fund, L.P. *Description:* Argo Navis Fundamental Power Fund, LP requests acceptance of FERC Electric Tariff, Original Vol 1. *Filed Date:* 12/20/2007. *Accession Number:* 20071228-0058. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 10, 2008. *Docket Numbers:* ER08-326-001. *Applicants:* Lehigh Capital, LLC. *Description:* Lehigh Capital, LLC submits an amendment to the 12/08//07 application for authorization to sell power and energy at market-based rates. *Filed Date:* 12/27/2007. *Accession Number:* 20071228-0065. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 17, 2008. *Docket Numbers:* ER08-363-000. *Applicants:* PJM Interconnection, L.L.C. *Description:* PJM Interconnection, LLC submits an Executed Interconnection Construction Service Agreement with James River Cogeneration Co. *et al.* *Filed Date:* 12/21/2007. *Accession Number:* 20071227-0201. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER08-367-000. *Applicants:* California Independent System Operator Corporation. *Description:* California Independent System Operator Corp's filing of Fourth Replacement Version of FERC Electric Tariff. *Filed Date:* 12/21/2007. *Accession Number:* 20071227-0159. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER08-375-000. *Applicants:* Southern California Edison Company. *Description:* Southern California Edison submits Second Revised Sheet 3 *et al.* to FERC Electric Tariff, Second Revised Volume 6, to be effective 3/1/08. *Filed Date:* 12/21/2007. *Accession Number:* 20071228-0067. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER08-376-000. *Applicants:* PJM Interconnection, L.L.C. *Description:* PJM Interconnection, LLC submits revisions to the PJM Credit Policy Attachment Q. *Filed Date:* 12/26/2007. *Accession Number:* 20071228-0049. *Comment Date:* 5 p.m. Eastern Time on Wednesday, January 16, 2008. *Docket Numbers:* ER08-377-000. *Applicants:* PJM Interconnection, L.L.C. *Description:* PJM Interconnection, LLC submits an executed Wholesale Market Participation Agreement with Winnebago Energy Center *et al.* *Filed Date:* 12/26/2007. *Accession Number:* 20071228-0051. *Comment Date:* 5 p.m. Eastern Time on Wednesday, January 16, 2008. *Docket Numbers:* ER08-378-000. *Applicants:* Covanta Delano, Inc. *Description:* Covanta Delano, Inc submits a Notice of Succession to notify FERC of its adoption of AES Delano, Inc's Rate Schedule FERC 1. *Filed Date:* 12/26/2007. *Accession Number:* 20071228-0052. *Comment Date:* 5 p.m. Eastern Time on Wednesday, January 16, 2008. *Docket Numbers:* ER08-379-000. *Applicants:* Rensselaer Cogeneration LLC. *Description:* Rensselaer Cogeneration LLC submits an application for Market-Based Rate Authority for Sales and Ancillary Services. *Filed Date:* 12/26/2007. *Accession Number:* 20071228-0053. *Comment Date:* 5 p.m. Eastern Time on Wednesday, January 16, 2008. *Docket Numbers:* ER08-380-000. *Applicants:* Sierra Pacific Power Company. *Description:* Sierra Pacific Power Co. submits revisions to Exhibit F of the General Transfer Agreement with Bonneville Power Administration. *Filed Date:* 12/26/2007. *Accession Number:* 20071228-0064. *Comment Date:* 5 p.m. Eastern Time on Wednesday, January 16, 2008. *Docket Numbers:* ER08-381-000. *Applicants:* Ameren Energy Development Company. *Description:* Ameren Energy Development Company submits notice of cancellation of its Power Supply Agreement with Ameren Energy Marketing Co. *Filed Date:* 12/28/2007. *Accession Number:* 20071231-0109. *Comment Date:* 5 p.m. Eastern Time on Friday, January 18, 2008. *Docket Numbers:* ER08-382-000. *Applicants:* Ameren Energy Development Company. *Description:* Ameren Energy Development Co. submits a notice of cancellation of its Power Sales Tariff for the Sale of Energy and Capacity at Market-Based Rates. *Filed Date:* 12/28/2007. *Accession Number:* 20071231-0108. *Comment Date:* 5 p.m. Eastern Time on Friday, January 18, 2008. *Docket Numbers:* ER08-383-000. *Applicants:* Ameren Energy Generating Company. *Description:* Ameren Energy Generating Co. submits a notice of cancellation of a long-term lease agreement with Ameren Energy Development Co. *Filed Date:* 12/28/2007. *Accession Number:* 20071231-0107. *Comment Date:* 5 p.m. Eastern Time on Friday, January 18, 2008. *Docket Numbers:* ER08-384-000. *Applicants:* Midwest Electric Power, Inc. *Description:* Midwest Electric Power, Inc. submits a Site Sub-Lease and Operation & Maintenance Agreement with Ameren Energy Generating Co. *Filed Date:* 12/28/2007. *Accession Number:* 20071231-0106. *Comment Date:* 5 p.m. Eastern Time on Friday, January 18, 2008. *Docket Numbers:* ER08-387-000. *Applicants:* Atlantic Renewables Projects II LLC. *Description:* Application of Atlantic Renewable Projects II LLC for Order Accepting Initial Tariff, Granting Shortened Comment Period, Waiving Regulations and Granting Blanket Approvals. *Filed Date:* 12/28/2007. *Accession Number:* 20071231-0105. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER08-388-000. *Applicants:* PacifiCorp. *Description:* PacifiCorp submits a letter agreement for Losses with Bonneville Power Administration. *Filed Date:* 12/28/2007. *Accession Number:* 20071231-0104. *Comment Date:* 5 p.m. Eastern Time on Friday, January 18, 2008. *Docket Numbers:* ER08-390-000. *Applicants:* NorthWestern Corporation; Montana Generation LLC. *Description:* Montana Generation LLC and NorthWestern Corporation's market based Power Purchase Agreement. *Filed Date:* 12/28/2007. *Accession Number:* 20071228-5051. *Comment Date:* 5 p.m. Eastern Time on Friday, January 18, 2008. Take notice that the Commission received the following open access transmission tariff filings: *Docket Numbers:* OA08-62-000. *Applicants:* California Independent System Operator Corporation. *Description:* California Independent System Operator Corp submits their compliance filing pursuant to FERC's Order 890. *Filed Date:* 12/21/2007. *Accession Number:* 20071228-0116. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov* . To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Nathaniel J. Davis, Deputy Secretary. [FR Doc. E8-408 Filed 1-11-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings # 1 January 4, 2008. Take notice that the Commission received the following exempt wholesale generator filings: *Docket Numbers:* EG08-29-000. *Applicants:* Bicent (California) Malburg LLC. *Description:* Bicent (California) Malburg LLC submits a notice of self-certification as a exempt wholesale generator. *Filed Date:* 12/31/2007. *Accession Number:* 20080103-0097. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 22, 2008. Take notice that the Commission received the following electric rate filings: *Docket Numbers:* ER00-2173-006. ER00-3219-006; ER01-1300-007. *Applicants:* Northern Indiana Public Service Company; EnergyUSA-TPC Corp.; Whiting Clean Energy, Inc.; *Description:* Northern Indiana Public Service Company, Whiting Clean Energy, Inc et al. submit Original Sheet 1 et al. to FERC Electric Tariff, Original Volume 3 in compliance with Commission's order issued 11/30/07. *Filed Date:* 12/28/2007. *Accession Number:* 20080102-0091. *Comment Date:* 5 p.m. Eastern Time on Friday, January 18, 2008. *Docket Numbers:* ER03-329-008; ER07-597-003. *Applicants:* NorthWestern Corporation; Montana Generation, LLC. *Description:* NorthWestern Corp and Montana Generation, LLC submits a non-material change in status, in compliance with the reporting requirements adopted in Order 652. *Filed Date:* 12/31/2007. *Accession Number:* 20080103-0094. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 22, 2008. *Docket Numbers:* ER07-1250-002. *Applicants:* PowerGrid Systems, Inc. *Description:* PowerGrid Systems, Inc submits a transmittal letter regarding information requested by the Commission. *Filed Date:* 12/21/2007. *Accession Number:* 20071221-5149. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER08-360-001. *Applicants:* Duke Energy Carolinas, LLC. *Description:* Duke Energy Carolinas, LLC submits an errata to its 12/21/07 filing of an Amended Rate Schedule 10A. *Filed Date:* 12/31/2007. *Accession Number:* 20080103-0093. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 22, 2008. *Docket Numbers:* ER08-371-001. *Applicants:* Cooperative Energy Incorporated. *Description:* Cooperative Energy Incorporated submits its proposed protective order that was omitted from the 12/21/07 “Petition for Authority to Sell Power at Market-Based Rates etc. *Filed Date:* 12/31/2007. *Accession Number:* 20080103-0092. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 22, 2008. *Docket Numbers:* ER08-385-000. *Applicants:* Pacific Gas and Electric Company. *Description:* Pacific Gas and Electric Co. submits the Agreements for Wholesale Distribution Service and Interconnection with McAllister Ranch Irrigation District. *Filed Date:* 12/28/2007. *Accession Number:* 20071231-0141. *Comment Date:* 5 p.m. Eastern Time on Friday, January 18, 2008. *Docket Numbers:* ER08-386-000. *Applicants:* Potomac-Appalachian Transmission Highline, LLC. *Description:* Potomac-Appalachian Transmission Highline, LLC *et al.,* submits Seventh Revised Sheet 26A *et al.* to FERC Electric Tariff, Sixth Revised Volume 1, effective 3/1/08. *Filed Date:* 12/28/2007. *Accession Number:* 20080102-0086. *Comment Date:* 5 p.m. Eastern Time on Friday, January 18, 2008. *Docket Numbers:* ER08-389-000. *Applicants:* San Diego Gas & Electric Company. *Description:* San Diego Gas & Electric Co. submits Third Revised Sheet 36 *et al.* to FERC Electric Tariff, Original Volume 11, to be effective 1/1/08. *Filed Date:* 12/28/2007. *Accession Number:* 20071231-0142. *Comment Date:* 5 p.m. Eastern Time on Friday, January 18, 2008. *Docket Numbers:* ER08-393-000. *Applicants:* PJM Interconnection, L.L.C. *Description:* PJM Interconnection LLC submits an executed interconnection service agreement & an executed interconnection construction service agreement with James River Cogeneration Company *et al.* Filed Date: 12/28/2007. *Accession Number:* 20080103-0176. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 10, 2008. *Docket Numbers:* ER08-398-000. *Applicants:* Pacific Gas and Electric Company. *Description:* Pacific Gas and Electric Company submits Service Agreements for Wholesale Distribution Service and three Interconnection points and an Interconnection Agreement with Power and Water Resources Pooling Authority. *Filed Date:* 12/31/2007. *Accession Number:* 20080102-0090. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 22, 2008. *Docket Numbers:* ER08-402-000. *Applicants:* San Diego Gas & Electric Company. *Description:* San Diego Gas and Electric Company submits change in rates for the Transmission Revenue Balancing Account Adjustment and its Transmission Access Charge Balancing Account Adjustment. *Filed Date:* 12/31/2007. *Accession Number:* 20080102-0118. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 22, 2008. *Docket Numbers:* ER08-403-000. *Applicants:* Duke Energy Kentucky, Inc. *Description:* Duke Energy Kentucky, Inc submits an unexecuted Wholesale Distribution Service Agreement with the City of Williamstown, Kentucky. *Filed Date:* 12/31/2007. *Accession Number:* 20080103-0095. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 22, 2008. *Docket Numbers:* ER08-404-000. *Applicants:* Midwest Independent Transmission System. *Description:* Midwest Independent Transmission System Operator, Inc. submits proposed revisions to its Open Access Transmission and Energy Markets Tariff. *Filed Date:* 12/31/2007. *Accession Number:* 20080103-0096. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 22, 2008. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov* . To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St. NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* . or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E8-409 Filed 1-11-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP07-457-000] Iroquois Gas Transmission System, L.P.; Notice of Availability of the Environmental Assessment for the Proposed Iroquois 08/09 Expansion Project January 4, 2008. The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment

(EA)on the natural gas facilities proposed by Iroquois Gas Transmission System, L.P. (Iroquois) in the above-referenced docket. The Iroquois 08/09 Expansion Project would expand Iroquois' existing system to deliver up to 200,000 dekatherms per day of natural gas transportation service to KeySpan Gas East Corporation at South Commack, Long Island. The EA was prepared to satisfy the requirements of the National Environmental Policy Act of 1969. The staff concludes that approval of the proposed project, with appropriate mitigating measures, would not constitute a major federal action significantly affecting the quality of the human environment. The EA assesses the potential environmental effects of the construction and operation of Iroquois' proposed 08/09 Expansion Project. Iroquois proposes to construct its project in three phases which would consist of: looping 1 its existing pipeline system at three locations in New York and Connecticut by November 1, 2008 (Phase 1); constructing a new compressor station in Milford, Connecticut with 20,620 horsepower of compression by January 1, 2009 (Phase 2); and adding a 10,310 horsepower compressor unit to Iroquois' Brookfield Compressor Station in Brookfield, Connecticut by November 1, 2009 (Phase 3). 2 1 A loop is a segment of pipeline that is usually installed to an existing pipeline and connected to it at both ends. The loop allows more gas to be moved through the system. 2 The Brookfield Compressor Station was approved by the Commission on December 21, 2006, as part of Iroquois' Market Access Project in Docket No. CP02-31-002. Construction of the Brookfield Compressor Station commenced in the October 2007 and operation of the station is scheduled to commence in the fall of 2008. The Phase 1 pipeline looping would include construction of 5.8 miles of 36-inch-diameter pipeline in Boonville, New York; 1.0 miles of 36-inch-diameter pipeline in Wright, New York; and 1.6 miles of 36-inch-diameter pipeline in Newtown, Connecticut. The new pipeline segments would be located adjacent to Iroquois' existing pipeline at these locations. The EA has been placed in the public files of the FERC. A limited number of copies of the EA are available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street, NE., Room 2A, Washington, DC 20426,

(202)502-8371. Copies of the EA have been mailed to federal, state, and local agencies, public interest groups, interested individuals, newspapers, and parties to this proceeding. Any person wishing to comment on the EA may do so. To ensure consideration prior to a Commission decision on the proposal, it is important that we receive your comments before the date specified below. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your comments to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426; • Reference Docket No. CP07-457-000; • Label one copy of the comments for the attention of the Gas Branch 1, PJ-11.1; and • Mail your comments so that they will be received in Washington, DC on or before February 4, 2008. Please note that the Commission strongly encourages electronic filing of any comments or interventions or protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link and the link to the User's Guide. Before you can file comments you will need to create an account which can be created on-line. Comments will be considered by the Commission but will not serve to make the commentor a party to the proceeding. Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214). 3 Only intervenors have the right to seek rehearing of the Commission's decision. 3 Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion on filing comments electronically. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your comments considered. Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FercOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact (202)502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. Go to *http://www.ferc.gov/esubscribenow.htm* . Kimberly D. Bose, Secretary. [FR Doc. E8-397 Filed 1-11-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP07-427-000] PetroLogistics Natural Gas Storage, LLC; Notice of Availability of the Environmental Assessment for the Proposed Petrologistics Gas Storage Project January 4, 2008. The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment

(EA)for the natural gas pipeline facilities proposed to be constructed by PetroLogistics Natural Gas Storage, LLC (PetroLogistics) in the above-referenced docket. The EA was prepared to satisfy the requirements of the National Environmental Policy Act of 1969. The staff concludes that approval of the proposed project, with appropriate mitigating measures, would not constitute a major Federal action significantly affecting the quality of the human environment. The EA assesses the potential environmental effects of constructing and operating: • One 20,000-horsepower electric compressor station on a 2-acre site; • One 350-foot-long 24-inch-diameter interconnect pipeline; • 7.3 miles of 24-inch-diameter natural gas header pipeline connecting the compressor station and the Florida Gas Transmission Company (FGT), CrossTex LIG Pipeline Company (Crosstex)/Bridgeline Pipeline System (Bridgeline) and Texas Eastern Transmission Company (TETCO) interconnects; • 5.83 miles of 16-inch-diameter interconnect pipeline from the Bridgeline/CrossTex tie-in to the Southern Natural Gas Company (SONAT) pipeline interconnect; • A 0.60-mile-long TETCO 16-inch-diameter lateral from near the terminus of the 24-inch-diameter header pipeline to the TETCO Lateral Meter Station; • Five meter stations/interconnects (FGT, Bridgeline, Crosstex, TETCO and SONAT Meter Stations) and two mainline valves; and • The recasing of the existing non-jurisdictional Well No. 25. The purpose of the proposed project is to build and operate a high-deliverability, multi-cycle natural gas storage facility and appurtenant facilities in an existing brine cavern within the Choctaw Salt Dome located 4 miles northwest of the City of Plaquemine, Louisiana. The EA has been placed in the public files of the FERC. A limited number of copies of the EA are available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street, NE., Room 2A, Washington, DC 20426,

(202)502-8371. Copies of the EA have been mailed to Federal, state and local agencies, public interest groups, interested individuals, newspapers, and parties to this proceeding. Any person wishing to comment on the EA may do so. To ensure consideration prior to a Commission decision on the proposal, it is important that we receive your comments before the date specified below. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your comments to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426; • Label one copy of the comments for the attention of the Gas Branch 2, PJ11.2. • Reference Docket No. CP07-427-000; and • Mail your comments so that they will be received in Washington, DC on or before February 5, 2008. Please note that the Commission strongly encourages the electronic filing (“eFiling”) of comments. Instructions on how to “eFile” comments can be found on the Commission's Web site at *http://www.ferc.gov* under the “Documents and Filings” link. Comments will be considered by the Commission but will not serve to make the commentor a party to the proceeding. Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214). Anyone may intervene in this proceeding based on this Draft EA. Only intervenors have the right to seek rehearing of the Commission's decision. You must file your request to intervene as specified above. 1 You do not need intervenor status to have your comments considered. 1 Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion on filing comments electronically. Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. The “eLibrary” link provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. For assistance with “eLibrary”, please contact FERC Online Support at *FercOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact

(202)502-8659. In addition, the Commission now offers a free service called eSubscription which allows you too keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. To learn more about eSubscription and to sign-up for this service please go to *http://www.ferc.gov/esubscribenow.htm.* Kimberly D. Bose, Secretary. [FR Doc. E8-396 Filed 1-11-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PF07-11-000] North Baja Pipeline, LLC; Notice of Intent to Prepare an Environmental Assessment for the Proposed Yuma Lateral Project and Request for Comments on Environmental Issues January 4, 2008. The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment

(EA)that will discuss the environmental impacts of the proposed Yuma Lateral Project involving construction and operation of natural gas facilities by North Baja Pipeline, LLC (North Baja) in Yuma County, Arizona. The EA will be used by the Commission in its decision-making process to determine whether the project is in the public convenience and necessity. This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies on the project. Your input will help determine which issues need to be evaluated in the EA. Please note that the scoping period will close on February 4, 2008. Details on how to submit comments are provided in the Public Participation section of this notice. If you are a landowner receiving this notice, you may be contacted by a pipeline company representative about the acquisition of an easement to construct, operate, and maintain the proposed facilities. North Baja would seek to negotiate a mutually acceptable agreement. However, if the project is approved by the Commission, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, North Baja could initiate condemnation proceedings in accordance with state law. This notice is being sent to affected landowners; federal, state, and local government representatives and agencies; elected officials; Native American tribes; other interested parties; and local libraries and newspapers. State and local government representatives are asked to notify their constituents of this proposed project and to encourage them to comment on their areas of concern. A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. It is available for viewing on the FERC Internet Web site ( *http://www.ferc.gov* ). Summary of the Proposed Project The Yuma Lateral Project would involve construction of approximately 3.3 miles of 12-inch-diameter pipeline from the international border at the Colorado River to the Yucca Power Plant, also in Yuma County, Arizona. An additional 3.1 miles would be constructed in Mexico. A meter station would be constructed at the Yucca Power Plant along with a pig receiver. The majority of the Yuma Lateral would be constructed on public lands, primarily a Bureau of Reclamation

(BOR)canal right-of-way (ROW). The majority of the proposed pipeline ROW route is co-located immediately adjacent to an existing railroad ROW. The purpose of the proposed project is to provide the Yucca Power Plant with access to existing and future power generation needs. Gas would be shipped from Sempra's Gasoducto Bajanorte pipeline through a new 3.1-mile-long lateral in Mexico to the international border, from which 81,250 Dth/day of gas would be shipped via the Yuma Lateral to supply the Yucca Power Plant. The general location of the proposed project is shown in Appendix 1. 1 1 The appendices referenced in this notice are not being printed in the **Federal Register.** Copies are available on the Commission's Internet Web site ( *http://www.ferc.gov* ) at the “eLibrary” link or from the Commission's Public Reference Room at

(202)502-8371. For instructions on connecting to eLibrary, refer to the “Additional Information” section at the end of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. Requests for detailed maps of the well locations and other proposed facilities should be made directly to North Baja. Land Requirements for Construction Construction of the proposed project would affect a total of about 29.5 acres during construction. Following construction, about 21.0 acres would be allowed to revert to its previous conditions. Disturbance associated with aboveground facilities would permanently impact 0.5 acre of land. North Baja proposes a typical construction ROW for the proposed pipeline of between 52 and 80 feet, which is 32 to 60 feet of temporary workspace and 20 feet of permanent ROW. The EA Process We 2 are preparing this EA to comply with the National Environmental Policy Act

(NEPA)which requires the Commission to take into account the environmental impact that could result if it authorizes North Baja's proposal. By this notice, we are also asking federal, state, and local agencies with jurisdiction and/or special expertise with respect to environmental issues to formally cooperate with us in the preparation of the EA. Agencies that would like to request cooperating status should follow the instructions for filing comments provided below. 2 “We,” “us,” and “our” refer to the environmental staff of the FERC's Office of Energy Projects. NEPA also requires the FERC to discover and address concerns the public may have about proposals. This process is referred to as “scoping.” The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this Notice of Intent, we are requesting public comments on the scope of the issues to address in the EA. All comments received will be considered during the preparation of the EA. The EA will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings: • geology and soils • wetlands and waterbodies • land use • cultural resources • vegetation and wildlife (including sensitive species) • air and noise quality Our independent analysis of the issues will be in the EA. Depending on the comments received during the scoping process, the EA may be published and mailed to federal, state, and local agencies, public interest groups, interested individuals, affected landowners, newspapers, libraries, and the Commission's official service list for this proceeding. A comment period will be allotted for review if the EA is published. We will consider all comments on the EA before we make our recommendations to the Commission. Although no formal application has been filed, the FERC staff has already initiated its NEPA review under its Pre-filing Process. The purpose of the Pre-filing Process is to encourage the early involvement of interested stakeholders and to identify and resolve issues before an application is filed with the FERC. Once a formal application is filed with the FERC, a new docket number will be established. Public Participation You can make a difference by providing us with your specific comments or concerns about the project. By becoming a commentor, your concerns will be addressed in the EA and considered by the Commission. You should focus on the potential environmental effects of the proposal, reasonable alternatives to the proposal including alternative locations and routes, and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your letter to: Kimberley D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First St. NE.; Room 1A, Washington, DC 20426. • Label one copy of the comments for the attention of Gas Branch 1. • Reference Docket No. PF07-11-000. • Mail your comments so that they will be received in Washington, DC on or before February 4, 2008. The Commission encourages electronic filing of comments. See 18 Code of Federal Regulations 385.2001(a)(1)(iii) and the instructions on the Commission's Internet Web site at *http://www.ferc.gov* under the “eFiling” link and the link to the User's Guide. Prepare your submission in the same manner as you would if filing on paper and save it to a file on your hard drive. Before you can file comments you will need to create an account by clicking on “Login to File” and then “New User Account.” You will be asked to select the type of filing you are making. This filing is considered a “Comment on Filing.” We may mail the EA for comment. If you are interested in receiving it, please return the Information Request (Appendix 2). If you do not return the Information Request, you will be taken off the mailing list. Once North Baja formally files its application with the Commission, you may want to become an official party to the proceeding known as an “intervenor.” Intervenors play a more formal role in the process and are able to file briefs, appear at hearings, and be heard by the courts if they choose to appeal the Commission's final ruling. An intervenor formally participates in a Commission proceeding by filing a request to intervene. Instructions for becoming an intervenor are included in the User's Guide under the “e-filing” link on the Commission's web site. Please note that you may not request intervenor status at this time. You must wait until a formal application is filed with the Commission. Additional Information Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the “eLibrary” link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FercOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact (202)502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. Go to *http://www.ferc.gov/esubscribenow.htm.* Kimberly D. Bose, Secretary. [FR Doc. E8-395 Filed 1-11-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Commission Staff Attendance at Midwest ISO Meetings January 4, 2008. The Federal Energy Regulatory Commission hereby gives notice that members of the Commission and Commission staff may attend the following Midwest ISO-related meetings: • Advisory Committee (10 a.m.-4 p.m., EST) ○ January 16 ○ February 20 ○ March 12 ○ May 14 ○ June 18 ○ July 16 ○ August 20 (St. Paul Hotel, 350 Market St., St. Paul, MN) ○ September 17 ○ October 15 ○ November 19 ○ December 10 • Board of Directors (8:30 a.m.-10 a.m., EST) ○ January 17 ○ March 13 ○ April 17 ○ June 19 ○ August 21 (St. Paul Hotel, 350 Market St., St. Paul, MN) ○ October 16 ○ December 11 • Board of Directors Markets Committee (8 a.m.-10 a.m., EST) ○ March 12 ○ May 14 ○ June 18 ○ July 16 ○ August 20 (St. Paul Hotel, 350 Market St., St. Paul, MN) ○ September 17 ○ October 15 ○ November 19 ○ December 10 • Midwest ISO Informational Forum (3 p.m.-5 p.m., EST) ○ January 15 ○ February 19 ○ March 11 ○ April 15 ○ May 13 ○ June 17 ○ July 15 ○ August 19 (St. Paul Hotel, 350 Market St., St. Paul, MN) ○ September 16 ○ October 14 ○ November 18 ○ December 9 • Midwest ISO Market Subcommittee (9 a.m.-5 p.m., ET) ○ January 8 ○ February 5 ○ March 4 ○ April 1 ○ May 6 ○ June 3 ○ July 8 ○ August 5 ○ September 9 ○ October 7 ○ November 5 ○ December 2 Except as noted, all of the meetings above will be held at: Midwest ISO Headquarters, 701 City Center Drive, 720 City Center Drive, and 630 West Carmel Drive, Carmel, IN 46032. • Fourth Annual Midwest ISO Stakeholders' Meeting (10 a.m.-5 p.m., EST) ○ April 16 (University Place Hotel & Conference Center, 850 West Michigan Street, Indianapolis, IN 46202) Further information may be found at *http://www.midwestiso.org.* The above-referenced meetings are open to the public. The discussions at each of the meetings described above may address matters at issue in the following proceedings: Docket No. ER02-488, *Midwest Independent Transmission System Operator, Inc.* Docket Nos. ER02-2595, *et al.* , *Midwest Independent Transmission System Operator, Inc.* Docket No. ER04-375, *Midwest Independent Transmission System Operator, Inc., et al.* Docket Nos. ER04-458, *et al.* , *Midwest Independent Transmission System Operator, Inc.* Docket Nos. ER04-691, EL04-104 and ER04-106, *et al.* , *Midwest Independent Transmission System Operator, Inc., et al.* Docket No. ER05-6, *et al.* , *Midwest Independent Transmission System Operator, Inc., et al.* Docket No. ER05-636, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER05-752, *Midwest Independent Transmission System Operator, Inc. and PJM Interconnection, L.L.C.* Docket No. ER05-1083, *et al.* , *Midwest Independent Transmission System Operator, Inc., et al.* Docket No. ER05-1085, *et al.* , *Midwest Independent Transmission System Operator, Inc.* Docket No. ER05-1138, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER05-1201, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER05-1230, *Midwest Independent Transmission System Operator, Inc.* Docket No. EL05-103, *Northern Indiana Power Service Co.* v. *Midwest Independent Transmission System Operator, Inc. and PJM Interconnection, L.L.C.* Docket No. EL05-128, *Quest Energy, L.L.C.* v. *Midwest Independent Transmission System Operator, Inc.* Docket Nos. RM05-25 and RM05-17, *Preventing Undue Discrimination and Preference in Transmission Service.* Docket Nos. ER06-18, *et al.* , *Midwest Independent Transmission System Operator, Inc.* Docket Nos. EC06-4 and ER06-20, *LGE Energy LLC, et al.* Docket No. ER06-22, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER06-27, *Midwest Independent Transmission System Operator, Inc., et al.* Docket No. ER06-56, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER06-192, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER06-360, *et al.* , *Midwest Independent Transmission System Operator, Inc., et al.* Docket No. ER06-356, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER06-532, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER06-731, *Independent Market Monitor for the Midwest Independent Transmission System Operator, Inc.* Docket No. ER06-1420, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER06-1552, *Midwest Independent Transmission System Operator, Inc.* Docket No. EL06-31, *Midwest Independent Transmission System Operator, Inc., et al.* Docket No. EL06-49, *Midwest Independent Transmission System Operator, Inc., et al.* Docket No. EL06-80, *Midwest Independent Transmission System Operator, Inc.* Docket No. AD06-9, *Comments on the Technical Conference on Seams Issues for RTOs and ISOs in the Eastern Interconnection.* Docket No. RM06-16, *Mandatory Reliability Standards for Bulk-Power System.* Docket No. RM06-22, *Reliability Standard Compliance and Enforcement in Regions with Independent System Operators and Regional Transmission Organizations.* Docket No. ER07-478, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER07-532, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER07-815, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER07-940, *Midwest Independent Transmission System Operator, Inc., et al.* Docket No. ER07-1141, *International Transmission Co., et al.* Docket No. ER07-1144, *American Transmission Co. LLC, et al.* Docket No. ER07-1182, *Midwest Independent Transmission System Operator, Inc.* Docket Nos. ER07-1233 and ER07-1261, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER07-1372, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER07-1388, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER07-1417, *Midwest Independent Transmission System Operator, Inc., et al.* Docket No. EL07-44, *Dakota Wind Harvest, LLC* v. *Midwest Independent Transmission System Operator, Inc., et al.* Docket No. EL07-79, *Midwest Independent Transmission System Operator, Inc.* Docket Nos. EL07-86, EL07-88, EL07-92, *Ameren Services Co., et al.* v. *Midwest Independent Transmission System Operator, Inc., et al.* Docket No. EL07-100, *E.ON U.S. LLC* v. *Midwest Independent Transmission System Operator, Inc.* Docket No. RM07-3, *Facilities Design, Connections and Maintenance Reliability Standards.* Docket Nos. RM07-19 and AD07-7, *Wholesale Competition in Regions with Organized Electric Markets.* Docket Nos. RR07-2, * et al., Delegation Agreement Between the North American Electric Reliability Corporation and Midwest Reliability Organization, et al. * Docket No. AD07-12, *Reliability Standard Compliance and Enforcement in Regions with Independent System Operators and Regional Transmission Organizations.* Docket No. OA07-57, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER08-15, *Midwest ISO Transmission Owners.* Docket No. ER08-55, *Midwest Independent Transmission System Operator, Inc., et al.* Docket No. ER08-109, *Midwest Independent Transmission System Operator, Inc.* Docket Nos. ER08-185 and ER08-186, *Ameren Energy Marketing Company, et al.* Docket No. ER08-207, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER08-209, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER08-269, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER08-296, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER08-394, *Midwest Independent Transmission System Operator, Inc.* Docket No. ER08-404, *Midwest Independent Transmission System Operator, Inc.* Docket No. OA08-4, *Midwest ISO Transmission Owners, et al.* Docket No. OA08-14, *Midwest Independent Transmission System Operator, Inc.* Docket No. OA08-42, *Midwest Independent Transmission System Operator, Inc.* Docket No. OA08-53, *Midwest Independent Transmission System Operator, Inc.* For more information, contact Patrick Clarey, Office of Energy Markets Regulation, Federal Energy Regulatory Commission at

(317)249-5937 or *patrick.clarey@ferc.gov,* or Christopher Miller, Office of Energy Markets Regulation, Federal Energy Regulatory Commission at

(317)249-5936 or *christopher.miller@ferc.gov.* Kimberly D. Bose, Secretary. [FR Doc. E8-403 Filed 1-11-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL08-30-000] City of Vernon, CA; Notice of Filing January 4, 2008. Take notice that on December 31, 2007, the City of Vernon, California filed revisions to its Transmission Revenue Balancing Account Adjustment, to become effective January 1, 2008. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on January 30, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-400 Filed 1-11-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL08-31-000] Westar Energy, Inc.; Notice of Filing January 4, 2008. Take notice that on December 28, 2007, pursuant to Rule 207 of the Commission's Rules of Practice and Procedure, 18 CFR 385.207 (2007), section 1241 of the Energy Policy Act of 2005, which adds new section 219 of the Federal Power Act, and Order No. 679, Westar Energy, Inc. filed a “Petition for Declaratory Order to Confirm Incentive Rate Treatment for High Voltage Transmission Projects.” Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on January 28, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-401 Filed 1-11-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. AD08-3-000] Conference on Alaska Natural Gas Transportation Project; Notice of Technical Conference and Request for a Statement of Interest Regarding an Alaska Natural Gas Transportation Project January 4, 2008. On January 29, 2008, the staff of the Federal Energy Regulatory Commission (FERC or Commission) will hold a technical conference to discuss its third-party contracting requirements and expectations with respect to preparing an environmental impact statement

(EIS)on an Alaska natural gas transportation project. The staff invites those contracting companies with the relevant expertise and an interest in providing third-party contractor services to assist the FERC environmental staff with the review of the application(s) and the design and preparation of an EIS staff will prepare for the anticipated project. The technical conference will be held at the Commission's Headquarters, 888 First St., NE., Washington, DC 20426 in room 3M-2A from 10 a.m. until 12 p.m. EST. All interested parties may attend. The conference will not be transcribed, and telephone participation will not be available. Commission conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an e-mail to *accessibility@ferc.gov* or call toll free 1-866-208-3372 (voice) or 202-208-8659 (TTY), or send a FAX to 202-208-2106 with the required accommodations. If a project moves forward and starts the Pre-Filing Process to seek authorization under the Natural Gas Act, the FERC will be the lead agency for complying with the National Environmental Policy Act of 1969

(NEPA)and for preparing an EIS that consolidates the environmental review of all federal agencies with regulatory and other responsibilities relevant to such a project. In particular, the staff is interested in information and ideas regarding how a consultant would assist it with: • Planning and supporting the public participation process; • coordinating the information flow between the lead and cooperating agencies; • identifying and analyzing the environmental issues associated with a large diameter trans-Alaskan pipeline project; and • preparing an EIS that is in full compliance with NEPA. In addition to the technical conference, the staff is seeking Statements of Interest from qualified companies. Respondents to this Request for Statement of Interest

(RSI)should also submit a Capability Statement

(CS)of no more than 25 pages that describes the organization's ability to perform the effort outlined above. The CS should summarize the company's experience in projects of similar scope and complexity, prior NEPA experience, and familiarity with the FERC (especially third-party contract experience). The CS should also detail the company's relevant expertise in such fields as arctic pipeline construction and restoration, pipeline engineering, geotechnical and seismic design, subsistence, and Native Alaskan consultation. The CS may be appended with the qualifications of the key personnel on the project team. In addition to the CS, respondents must include a completed Organizational Conflict of Interest Statement (see attachment). Responses to the RSI must be submitted as detailed below: • Send two copies to: Michael J. Boyle, Branch Chief, Office of Energy Projects, Federal Energy Regulatory Commission, 888 First Street, NE., Room 62-47, Washington, DC 20426; • reference “Alaska Natural Gas Transportation Project RSI” on both copies; and • mail the response so that it will be received in Washington, DC, on or before January 25, 2008. Be advised that all information submitted should be marked as “Proprietary Information—Do Not Release” in bold letters on the top of every page in order to protect the submittal from public disclosure. Companies responding to the RSI may also be interviewed individually at the Commission's offices in Washington, DC. If such interviews are scheduled, attendance would be at the interested parties' own expense. For additional information concerning the technical conference or the RSI, please contact Laurence Sauter at 202-502-8205 or Rich McGuire at 202-502-6177. Kimberly D. Bose, Secretary. [FR Doc. E8-404 Filed 1-11-08; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2004-0058; FRL-8516-5] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Transition Program for Equipment Manufacturers (Renewal); EPA ICR No. 1826.04, OMB Control No. 2060-0369 AGENCY: Environmental Protection Agency. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that an Information Collection Request

(ICR)has been forwarded to the Office of Management and Budget

(OMB)for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before February 13, 2008. ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-2004-0058, to

(1)EPA online using *www.regulations.gov* (our preferred method), by e-mail to a-and-r- *Docket@epa.gov,* or by mail to: EPA Docket Center, Environmental Protection Agency, Air Docket, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and

(2)OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Nydia Yanira Reyes-Morales, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Mail Code 6403J, Washington, DC 20460; telephone number: 202-343-9264; fax number: 202-343-2804; e-mail address: *reyes-morales.nydia@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On September 26, 2007 (72 *FR* 54654), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OAR-2004-0058, which is available for online viewing at *www.regulations.gov,* or in person viewing at the Air Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the Air Docket is 202-566-1742. Use EPA's electronic docket and comment system at *www.regulations.gov,* to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *www.regulations.gov* as EPA receives them and without change, unless the comment contains copyrighted material, confidential business information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *www.regulations.gov.* *Title:* Transition Program for Equipment Manufacturers (Renewal) *ICR Numbers:* EPA ICR No. 1826.04, OMB Control No. 2060-0369. *ICR Status:* This ICR is scheduled to expire on January 31, 2008. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* When EPA establishes new regulations with tighter engine emission standards, engine manufacturers often need to change the design of their engines to achieve the required emissions reductions. Consequently, original equipment manufacturers

(OEMs)may also need to redesign their products to accommodate these engine design changes. Sometimes, OEMs have trouble making the necessary adjustments by the effective date of the regulations. In an effort to provide OEMs with some flexibility in complying with the regulations, EPA created the Transition Program for Equipment Manufacturers (TPEM). Under this program, OEMs are allowed to delay compliance with the new standards for up to seven years as long as they comply with certain limitations. Participation in the program is voluntary. Participating OEMs and engine manufacturers who provide the noncompliant engines are required to keep records and submit reports of their activities under the program. In 2008, a new TPEM phase will start as the new, nonroad compression-ignition emission regulations (also known as Tier 4 regulations) become effective. This ICR Renewal incorporates the requirements that will be in effect during the active period of this supporting statement. The Tier 4 TPEM program is codified at 40 CFR Part 1039.625 while the Tier 1-Tier 3 program is codified at 40 CFR Part 89.102. The information is collected for compliance purposes by the Engine Programs Group, Certification and Compliance Division, Office of Transportation and Air Quality, Office of Air and Radiation. Confidentiality of proprietary information is granted in accordance with the Freedom of Information Act, EPA regulations at 40 CFR 2, and class determinations issued by EPA's Office of General Counsel. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 86 hours per respondent. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Entities potentially affected by these actions are manufacturers of compression-ignition engines and equipment. *Estimated Number of Respondents:* 99. *Frequency of Response:* Annually and on occasion. *Estimated Total Annual Hour Burden:* 8,547. *Estimated Total Annual Cost:* $652,930, includes $123,558 annualized capital or O&M costs. *Changes in the Estimates:* There is a decrease of 8,522 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. Burden has decreased due to a program change (new regulations). The current phase, as described in the previous ICR (the Tier 1-Tier 3 Program codified at 40 CFR Part 89), is nearing its end and a new phase with new requirements is starting in 2008 (Tier 4, 40 CFR Part 1039). Some overlap exists between the two programs. Although the new requirements impose a slightly larger burden on respondents, EPA estimates that fewer respondents will participate in the Tier 4 phase. The increase in O&M costs is due largely to foreign OEMs that must post a bond before importing their equipment “to cover any potential enforcement actions under the Clean Air Act.” Dated: January 8, 2008. Sara Hisel-McCoy, Director, Collection Strategies Division. [FR Doc. E8-442 Filed 1-11-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-OEI-2007-1144; FRL-8516-4] Amendment to General Routine Uses AGENCY: Environmental Protection Agency. ACTION: Amendment to Agency's General Routine Uses. SUMMARY: The Environmental Protection Agency is giving notice that it proposes to amend its current list of General Routine Uses to add a new routine use. The new general routine use will allow the Agency to disclose information in its systems covered under the Privacy Act to persons and entities that may be needed by the Agency to respond, prevent, minimize or remedy harm resulting from an actual or suspected breach or compromise of personally identifiable information. The Agency currently has general routine uses A-K that are applicable to more than one of EPA's systems of records. The intent of this notice is to add general routine use “L” to the current list of General Routine Uses. EFFECTIVE DATES: Persons wishing to comment on this routine use notice must do so by February 25, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OEI-2007-1144, by one of the following methods: • *www.regulations.gov:* Follow the online instructions for submitting comments. • E-mail: *oei.docket@epa.gov* . • Fax: 202-566-1752. • Mail: OEI Docket, Environmental Protection Agency, Mail code: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. • Hand Delivery: OEI Docket, EPA/DC, EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OEI-2007-1144. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information for which disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov.* The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* *Docket:* All documents in the docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, *e.g.* , CBI or other information for which disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at the OEI Docket Center, EPA/DC, EPA West Building, Room 3334, 1301 Constitution Ave., NW, Washington. DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday excluding legal holidays. The telephone number for the Public Reading Room is

(202)566-1744, and the telephone number for the OEI Docket Center is

(202)566-1752. FOR FURTHER INFORMATION CONTACT: Judy E. Hutt, Privacy Act Officer, U.S. Environmental Protection Agency, Office of Information Collections, Records, FOIA, and Privacy Branch (MC-2822T), Washington, DC 20460;

(202)566-1668; *Hutt.judy@epa.gov.* SUPPLEMENTARY INFORMATION: I. General Information The Office of Management and Budget

(OMB)requires all federal agencies to be able to quickly and efficiently respond in the event of a breach of personally identifiable information and has directed agencies to publish a routine use that will allow disclosure of Privacy Act information to persons and entities in a position to assist with notifying affected individuals or playing a role in preventing, minimizing, or remedying any harm from a breach. Accordingly, the EPA is proposing to add a new routine use that will allow it to meet the OMB objective of responding quickly and efficiently should such a breach occur. This new routine use will help the Agency prevent, minimize, or remedy a data breach or compromise. All responses to a confirmed or suspected breach will be prepared on a case-by-case basis. The purpose and intent of this routine use is to allow the Agency, when necessary, to disclose information regarding the breach to individuals identified under the routine use and to give the affected individuals full and fair notice of the extent of these potential disclosures. Accordingly, the Agency is amending its prefatory statement of general routine uses to include “L” as a new routine use. A. Disclosure for Law Enforcement Purposes Information may be disclosed to the appropriate Federal, State, local, tribal, or foreign agency responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, or order, if the information is relevant to a violation or potential violation of civil or criminal law or regulation within the jurisdiction of the receiving entity. B. Disclosure Incident to Requesting Information Information may be disclosed to any source from which additional information is requested (to the extent necessary to identify the individual, inform the source of the purpose of the request, and to identify the type of information requested,) when necessary to obtain information relevant to an agency decision concerning retention of an employee or other personnel action (other than hiring,) retention of a security clearance, the letting of a contract, or the issuance or retention of a grant, or other benefit. C. Disclosure to Requesting Agency Disclosure may be made to a Federal, State, local, foreign, or tribal or other public authority of the fact that this system of records contains information relevant to the retention of an employee, the retention of a security clearance, the letting of a contract, or the issuance or retention of a license, grant, or other benefit. The other agency or licensing organization may then make a request supported by the written consent of the individual for the entire record if it so chooses. No disclosure will be made unless the information has been determined to be sufficiently reliable to support a referral to another office within the agency or to another Federal agency for criminal, civil, administrative, personnel, or regulatory action. D. Disclosure to Office of Management and Budget Information may be disclosed to the Office of Management and Budget at any stage in the legislative coordination and clearance process in connection with private relief legislation as set forth in OMB Circular No. A-19. E. Disclosure to Congressional Offices Information may be disclosed to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of the individual. F. Disclosure to Department of Justice Information may be disclosed to the Department of Justice, or in a proceeding before a court, adjudicative body, or other administrative body before which the Agency is authorized to appear, when: 1. The Agency, or any component thereof; 2. Any employee of the Agency in his or her official capacity; 3. Any employee of the Agency in his or her individual capacity where the Department of Justice or the Agency have agreed to represent the employee; or 4. The United States, if the Agency determines that litigation is likely to affect the Agency or any of its components, Is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice or the Agency is deemed by the Agency to be relevant and necessary to the litigation provided, however, that in each case it has been determined that the disclosure is compatible with the purpose for which the records were collected. G. Disclosure to the National Archives Information may be disclosed to the National Archives and Records Administration in records management inspections. H. Disclosure to Contractors, Grantees, and Others Information may be disclosed to contractors, grantees, consultants, or volunteers performing or working on a contract, service, grant, cooperative agreement, job, or other activity for the Agency and who have a need to have access to the information in the performance of their duties or activities for the Agency. When appropriate, recipients will be required to comply with the requirements of the Privacy Act of 1974 as provided in 5 U.S.C. 552a(m). I. Disclosures for Administrative Claims, Complaints and Appeals Information from this system of records may be disclosed to an authorized appeal grievance examiner, formal complaints examiner, equal employment opportunity investigator, arbitrator or other person properly engaged in investigation or settlement of an administrative grievance, complaint, claim, or appeal filed by an employee, but only to the extent that the information is relevant and necessary to the proceeding. Agencies that may obtain information under this routine use include, but are not limited to, the Office of Personnel Management, Office of Special Counsel, Merit Systems Protection Board, Federal Labor Relations Authority, Equal Employment Opportunity Commission, and Office of Government Ethics. J. Disclosure to the Office of Personnel Management Information from this system of records may be disclosed to the Office of Personnel Management pursuant to that agency's responsibility for evaluation and oversight of Federal personnel management. K. Disclosure in Connection With Litigation Information from this system of records may be disclosed in connection with litigation or settlement discussions regarding claims by or against the Agency, including public filing with a court, to the extent that disclosure of the information is relevant and necessary to the litigation or discussions and except where court orders are otherwise required under section (b)(11) of the Privacy Act of 1974, 5 U.S.C. 552a(b)(11). L. Disclosure to Persons or Entities in Response to an Actual of Suspected Compromise or Breach of Personally Identifiable Information Information from this system of records may be disclosed to appropriate Federal, State, or local agencies, other entities, and persons when it is suspected or confirmed that:

(1)The security or confidentiality of information in the system of records has been compromised;

(2)there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs that rely upon the compromised information; and

(3)and those receiving the information are reasonably necessary to assist with the Agency's efforts to respond to the suspected or confirmed compromise and to prevent, minimize, or remedy any such harm. Dated: January 4, 2008. Molly A. O'Neill, Assistant Administrator and Chief Information Officer. [FR Doc. E8-445 Filed 1-11-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [OW-FRL-8516-1] Beaches Environmental Assessment and Coastal Health Act AGENCY: Environmental Protection Agency. ACTION: Notice of Availability of 2008 BEACH Act Grants. SUMMARY: The Beaches Environmental Assessment and Coastal Health (BEACH) Act, signed into law on October 10, 2000, amended the Clean Water Act (CWA), to incorporate provisions to reduce the risk of illness to users of the Nation's recreational waters. Section 406(b) of the CWA, as amended by the BEACH Act, authorizes the U.S. Environmental Protection Agency

(EPA)to award grants to eligible States, Territories, Tribes, and local governments to develop and implement microbiological monitoring programs of coastal recreation waters, including the Great Lakes, which are adjacent to beaches or similar points of access used by the public. BEACH Act grants also develop and implement programs to notify the public of the potential exposure to disease-causing microorganisms in these waters. EPA encourages coastal and Great Lakes States and Territories to apply for BEACH Act grants for program implementation (referred to as implementation grants) to implement effective and comprehensive coastal recreation water monitoring and public notification programs. EPA also encourages coastal and Great Lakes Tribes to apply for BEACH Act grants for program development (referred to as development grants) to develop effective and comprehensive coastal recreation water monitoring and public notification programs. DATES: States and Territories must submit applications on or before March 14, 2008. Eligible Tribes should notify the relevant Regional BEACH Act grant coordinator of their interest in applying for a grant on or before February 28, 2008. Upon receipt of a Tribe's notice of interest, EPA will establish an appropriate application deadline. ADDRESSES: You must send your application to the appropriate Regional Grant Coordinator listed in this notice under SUPPLEMENTARY INFORMATION , Section VI. FOR FURTHER INFORMATION CONTACT: Rich Healy, 1200 Pennsylvania Ave., NW., (4305T), Washington, DC 20460, 202-566-0405, *healy.richard@epa.gov.* SUPPLEMENTARY INFORMATION: I. Grant Program What Is the Statutory Authority for BEACH Act Grants? The general statutory authority for BEACH Act grants is section 406(b) of the Clean Water Act, as amended by the BEACH Act, Public Law No. 106-284, 114 Stat. 970 (2000). It provides that “(T)he Administrator may make grants to States and local governments to develop and implement programs for monitoring and notification for coastal recreation waters adjacent to beaches or similar points of access that are used by the public.” CWA section 406(b)(2)(A), however, limits EPA's ability to award implementation grants only to those States, Tribes and Territories that meet certain requirements (see Section II, Funding and Eligibility, below for information on specific requirements). What Activities Are Eligible for Funding Under the FY 2008 Grants? In fiscal year 2008, EPA intends to award grants authorized under CWA section 406(b) to eligible States and Territories to support the implementation of coastal recreation water monitoring and public notification programs that are consistent with EPA's required performance criteria for implementation grants. Also in fiscal year 2008, EPA intends to award development grants to eligible Tribes to support the development of coastal recreation water monitoring and public notification programs that are consistent with EPA's performance criteria for grants. EPA published the required performance criteria for grants in its *National Beach Guidance and Required Performance Criteria for Grants* (EPA-823-B-02-004), on July 19, 2002. A notice of availability of the document was published in the **Federal Register** (67 FR 47540, July 19, 2002). This document can be found on EPA's Web site at *http://www.epa.gov/waterscience/beaches/grants.* Copies of the document may also be obtained by writing, calling, or e-mailing: Office of Water Resources Center, U.S. Environmental Protection Agency, Mail Code 4100T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. (Phone: 202-566-1731 or e-mail: *center.water-resource@epa.gov* ). II. Funding and Eligibility Who Is Eligible To Apply for These Implementation Grants? Coastal and Great Lake States that meet the requirements of CWA section 406(b)(2)(A) are eligible for grants in fiscal year 2008 to implement monitoring and notification programs. The definition of the term “State” in CWA section 502 includes the District of Columbia, and current U.S. Territories: the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Are Local Governments Eligible for Funding? CWA section 406(b)(2)(B) authorizes EPA to make a grant to a local government for implementation of a monitoring and notification program only if, after the one-year period beginning on the date of publication of the performance criteria (July 19, 2002), EPA determines that the State within which the local government has jurisdiction is not implementing a program that meets the requirements of CWA section 406(b), which includes a requirement that the program is consistent with the performance criteria in *National Beach Guidance and Required Performance Criteria for Grants.* Local governments may contact their EPA Regional office for further information about BEACH Act grants. How May Tribes Apply for BEACH Act Development Grants and How Much Funding Is Available for Tribes? Section 518(e) of the CWA authorizes EPA to treat eligible Indian Tribes in the same manner as States for the purpose of receiving CWA section 406 grant funding. For fiscal year 2008, EPA will make $50,000 available for development grants to eligible Tribes. In order to be eligible for a CWA section 406 development grant, a Tribe must have coastal recreation waters adjacent to beaches or similar points of access that are used by the public. The phrase “coastal recreation waters” is defined in CWA section 502(21) to mean the Great Lakes and marine coastal waters (including coastal estuaries) that are designated under CWA section 303(c) for use for swimming, bathing, surfing, or similar water contact activities. The statute explicitly excludes from the definition inland waters and waters upstream of the mouth of a river or stream having an unimpaired natural connection with the open sea. In addition, a tribe must demonstrate that it meets the “treatment in the same manner as a State”

(TAS)criteria contained in CWA section 518(e) for purposes of receiving a section 406 beaches grant. To demonstrate TAS, the Tribe must show that it:

(1)Is federally recognized;

(2)has a governing body carrying out substantial governmental duties and powers;

(3)will be exercising functions pertaining to waters within reservation; and

(4)is reasonably expected to be capable of carrying out the functions consistent with the CWA and all applicable regulations. EPA encourages those Tribes with coastal recreation waters to contact their regional BEACH Act grant coordinator for further information regarding the application process as soon as possible. Are There Any Additional Eligibility Requirements and Grant Conditions Applicable to States, Tribes, and Territories? Yes, there are additional eligibility requirements and grant conditions. First, CWA section 406(b)(2)(A) provides that EPA may only award a grant to implement a monitoring and notification program if:

(i)The program is consistent with the performance criteria published by the Administrator under CWA section 406(a);

(ii)the State or local government prioritizes the use of grant funds for particular coastal recreation waters based on the use of the water and the risk to human health presented by pathogens or pathogen indicators;

(iii)the State or local government makes available to the Administrator the factors used to prioritize the use of funds under clause (ii);

(iv)the State or local government provides a list of discrete areas of coastal recreation waters that are subject to the program for monitoring and notification for which the grant is provided that specifies any coastal recreation waters for which fiscal constraints will prevent consistency with the performance criteria under CWA section 406(a); and

(v)the public is provided an opportunity to review the program through a process that provides for public notice and an opportunity for comment. Second, CWA section 406(c) requires that as a condition of receipt of a CWA section 406 grant, a State or local government program for monitoring and notification must identify:

(1)lists of coastal recreation waters in the State, including coastal recreation waters adjacent to beaches or similar points of access that are used by the public;

(2)in the case of a State program for monitoring and notification, the process by which the State may delegate to local governments responsibility for implementing the monitoring and notification program;

(3)the frequency and location of monitoring and assessment of coastal recreation waters based on—

(A)The periods of recreational use of the waters;

(B)the nature and extent of use during certain periods;

(C)the proximity of the waters to known point sources and nonpoint sources of pollution; and

(D)any effect of storm events on the waters;

(A)the methods to be used for detecting levels of pathogens and pathogen indicators that are harmful to human health; and

(B)the assessment procedures for identifying short-term increases in pathogens and pathogen indicators that are harmful to human health in coastal recreation waters (including increases in relation to storm events);

(5)measures for prompt communication of the occurrence, nature, location, pollutants involved, and extent of any exceeding of, or likelihood of exceeding, applicable water quality standards for pathogens and pathogen indicators to—

(A)the Administrator, in such form as the Administrator determines to be appropriate; and

(B)a designated official of a local government having jurisdiction over land adjoining the coastal recreation waters for which the failure to meet applicable standards is identified;

(6)measures for the posting of signs at beaches or similar points of access, or functionally equivalent communication measures that are sufficient to give notice to the public that the coastal recreation waters are not meeting or are not expected to meet applicable water quality standards for pathogens and pathogen indicators; and

(7)measures that inform the public of the potential risks associated with water contact activities in the coastal recreation waters that do not meet applicable water quality standards. Third, as required by CWA section 406(b)(3)(A), a State recipient of a CWA section 406 grant must submit to EPA, in such format and at such intervals as EPA determines to be appropriate, a report that describes:

(1)Data collected as part of the program for monitoring and notification as described in section 406(c), and

(2)actions taken to notify the public when water quality standards are exceeded. States must submit to EPA both the monitoring and notification reports for any beach season by January 31 of the year following the beach season. For the 2008 beach season, the deadline for states to submit these reports is January 31, 2009. EPA first established this report submission deadline in the **Federal Register** notice for the fiscal year 2003 grants (68 FR 15446, 15449 (March 31, 2003)). Fourth, States are required to report to EPA, latitude, longitude and mileage data on:

(1)The extent of beaches and similar points of public access adjacent to coastal recreation waters, and

(2)The extent of beaches that are monitored. EPA first established this requirement in the **Federal Register** notice for the fiscal year 2003 grants (68 FR 15446, 15447 (March 31, 2003)). EPA is continuing this requirement in order to capture any changes States may make to their beach monitoring and notification program. States must report to EPA any changes to either the extent of their beaches or similar points of access, or to the extent of their beaches that are monitored. How Much Funding Is Available? For fiscal year 2008, the total available for BEACH Act grants is expected to be $9,745,500. EPA expects to award all but $50,000 to eligible States and Territories for implementation grants. EPA intends to award the remaining $50,000 in development grants to eligible Tribes. If EPA does not award any grants to eligible Tribes, EPA will redistribute the money to eligible States and Territories using the allocation formula described below. How Will the Funding for States and Territories Be Allocated? For fiscal year 2008, EPA expects to award grants to all eligible States and Territories who apply for funding based on the allocation formula that the Agency developed for awarding BEACH Act grant funds in 2002. EPA consulted with various States, the Coastal States Organization, and the Association of State and Interstate Water Pollution Control Administrators (ASIWPCA) to develop this formula. The allocation formula uses three factors:

(1)Beach season length,

(2)beach miles, and

(3)beach use.

(1)Beach Season Length EPA selected beach season length as a factor because it determines the part of the year when a government would conduct its monitoring program. The longer the beach season, the more resources a government would need to conduct monitoring. The Agency obtained the information on the length of a beach season from the National Health Protection Survey of Beaches for the States or Territories that submitted a completed survey. EPA estimated the beach season length for Alaska based on air and water temperature, available information on recreation activities, and data from the 1993 National Water Based Recreation Survey. EPA grouped the States and U.S. Territories into four categories of beach season lengths: For beaches in: The beach season category is: Alaska < 3 months. Connecticut, Delaware, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Virginia, Washington, Wisconsin 3-4 months. Alabama, Georgia, Louisiana, Mississippi, North Carolina, South Carolina 5-6 months. American Samoa, California, Florida, Guam, Hawaii, Northern Mariana, Puerto Rico, Texas, U.S. Virgin Islands. 9-12 months.

(2)Beach Miles EPA selected miles of beach as a factor because it determines the geographical extent over which a government would conduct monitoring. The more miles of beaches, the more resources a government would need to conduct monitoring. EPA does not have beach mileage data in a format that can be used for the allocation formula at this time. Therefore, EPA is using shoreline miles as a surrogate for beach miles in the allocation formula. Shoreline miles data overestimates beach miles in some States and Territories; however, EPA and States agreed that this is the best way to estimate beach miles until complete beach mile data become available. EPA used the National Oceanic and Atmospheric Administration

(NOAA)publication, The *Coastline of the United States,* to quantify shoreline miles.

(3)Beach Use EPA selected beach use as a factor because it reflects the magnitude of potential human exposure to pathogens at recreational beaches. Greater use of beaches makes it more likely that a government would need to increase monitoring frequency due to the larger number of people potentially exposed to pathogens. EPA continues to use the coastal population of counties (based on the 2000 Census data) to quantify the coastal population that is wholly or partially within the State's or Territory's legally-defined coastal zone, as a surrogate for actual beach usage. The allocation formula sums the three parts. The first part is a base amount for all States and Territories that varies with the length of the beach season. The second part distributes 50% of the total remaining funds based on the ratio of shoreline miles in a State or Territory to the total length of shoreline miles across the entire United States. For example, if a State has 4% of the total coastal and Great Lakes shoreline, that State would receive 4% of 50% (or 2%) of total funds remaining after the Agency distributed the funds for part one. The third part distributes the remaining 50% based on the ratio of coastal population in a State or Territory to the total coastal population in the United States. For example, if a State has 2% of the total coastal and Great Lakes population, that State would receive 2% of 50% (or 1%) of the total funds remaining after the Agency distributes the funds based on the first two parts. The following table summarizes the allocation formula: For the factor: The part of the allocation is: Beach season length < 3 months: $150,000 (States and Territories with a season <3 months receive season-based funding only.) 3-4 months: $200,000. 5-6 months: $250,000. >6 months: $300,000. Shoreline miles determined based on the ratio of shoreline miles in a State/Territory to the total length of shoreline miles across the United States and is taken from 50% of funds remaining after allocation of season-based funding. Coastal population determined based on the ratio of coastal population in a State/Territory to the total coastal population in the United States and is taken from 50% of funds remaining after allocation of season-based funding and funding based on shoreline miles. For 2008, the total available for BEACH Act grants to States and Territories is expected to be $9,695,500. Assuming all 35 States and Territories with coastal recreation waters apply and meet the statutory eligibility requirements for implementation grants (and have met the statutory grant conditions applicable to previously awarded section 406 grants), the distribution of the funds for year 2008 is expected to be: For the State or Territory of: The year 2008 allocation is expected to be: Alabama $258,390 Alaska $147,650 American Samoa $297,460 California $514,720 Connecticut $220,500 Delaware $207,730 Florida $526,320 Georgia $282,700 Guam $297,930 Hawaii $318,590 Illinois $240,290 Indiana $202,730 Louisiana $320,270 Maine $252,220 Maryland $266,900 Massachusetts $251,930 Michigan $276,210 Minnesota $201,190 Mississippi $253,680 New Hampshire $201,450 New Jersey $275,480 New York $347,300 North Carolina $299,150 Northern Marianas $298,670 Ohio $220,780 Oregon $225,970 Pennsylvania $219,650 Puerto Rico $324,080 Rhode Island $209,650 South Carolina $293,270 Texas $379,140 U.S. Virgin Islands $298,510 Virginia $274,650 Washington $267,980 Wisconsin $222,420 What If a State Does Not Apply or Does Not Qualify for Funding? EPA expects that all 35 States and Territories will apply for a grant. If fewer than 35 States and Territories apply for the allocated amount, or if any applicant fails to meet the statutory eligibility requirements (or the statutory conditions applicable to previously awarded section 406 grants), then EPA will distribute available grant funds to eligible States and Territories in the following order:

(1)States and Territories that meet the eligibility requirements for implementation grants and that have met the statutory conditions applicable to previously awarded section 406 grants will be awarded the full amount of funds allocated to the State under the formula described above.

(2)EPA may award program implementation grants to local governments in States and Territories that the Agency determines have not met the requirements for implementation grants.

(3)Consistent with CWA Section 406(h), EPA will use the State's and Territory's allocated funds to conduct a beach monitoring and notification program for beaches in any State and Territory that EPA determines does not have a program for monitoring and notification that is consistent with EPA's grant performance criteria. What If a State or Territory Cannot Use All of Its Allocation? If a State, Tribe, or Territory cannot use all of its allocation, the Regional Administrator may award the unused funds to any eligible coastal or Great Lake grant recipient in the Region for the continued development or implementation of their coastal recreation water monitoring and notification program(s). If, after re-allocation, there are still unused funds within the Region, EPA Headquarters will redistribute these funds to any eligible coastal or Great Lake BEACH Act grant recipient. How Will the Funding for Tribes Be Allocated? EPA expects to apportion the funds set aside for tribal grants evenly among all eligible Tribes that apply for funding. What Is the Expected Duration of Funding and Projects? The expected funding and project periods for implementation grants awarded in fiscal year 2008 is one year. Does EPA Require Matching Funds? Recipients do not have to provide matching funds for BEACH Act grants. EPA may establish a match requirement in the future based on a review of State program activity and funding levels. III. Eligible Activities Recipients of implementation grants may use funds for activities to support implementing a beach monitoring and notification program that is consistent with the required performance criteria for grants specified in the document, *National Beach Guidance and Required Performance Criteria for Grants* (EPA-823-B-02-004). Recipients of development grants may use the funds to develop a beach monitoring and notification program consistent with the performance criteria. IV. Selection Process EPA Regional offices will award CWA section 406 grants through a non-competitive process. EPA expects to award grants to all eligible State, Tribe, and Territory applicants that meet the applicable requirements described in this notice. Who Has the Authority To Award BEACH Act Grants? The Administrator has delegated the authority to award BEACH Act grants to the Regional Administrators. V. Application Procedure What Is the Catalog of Federal Domestic Assistance

(CFDA)Number for the BEACH Monitoring and Notification Program Implementation Grants? The number assigned to the BEACH Act Grants is 66.472, Program Code CU. Can BEACH Act Grant Funds Be Included in a Performance Partnership Grant? For fiscal year 2008, BEACH Act Grants cannot be included in a Performance Partnership Grant. What Is the Application Process for States and Territories? Your application package should contain completed: • EPA SF-424 Application for Federal Assistance, and • Program Summary. In order for EPA to determine that a State or local government is eligible for an implementation grant, the applicant must submit documentation with its application to demonstrate that its program is consistent with the performance criteria. The Program Summary must contain sufficient technical detail for EPA to confirm that your program meets the statutory eligibility requirements and statutory grant conditions for previously awarded CWA section 406 grants listed in section II (Funding and Eligibility) of this notice. The Program Summary must also describe how the State used BEACH Act Grant funds to develop and implement the beach monitoring and notification program, and how the program is consistent with the nine performance criteria in *National Beach Guidance and Required Performance Criteria for Grants* (EPA-823-B-02-004) which is found at *http://www.epa.gov/waterscience/beaches/grants/guidance/index.html.* The Program Summary should also describe the State or Territory program's objectives for the next year. States and Territories must submit application packages to the appropriate EPA Regional Office by March 14, 2008. EPA will make an award after the Agency reviews the documentation and confirms that the program meets the applicable requirements. The Office of Management and Budget has authorized EPA to collect this information (BEACH Act Grant Information Collection Request, OMB control number 2040-0244). Please contact the appropriate EPA Regional Office for a complete application package. See Section VI for a list of EPA Regional Grant Coordinators or visit the EPA Beach Watch Web site at *http://www.epa.gov/waterscience/beaches/contact.html* on the Internet. What Should a Tribe's Notice of Interest Contain? The Notice of Interest should include the Tribe's name and the name and telephone number of a contact person. Are Quality Assurance and Quality Control (QA/QC) Required for Application? Yes. Three specific QA/QC requirements must be met to comply with EPA's performance criteria for grants:

(1)Applicants must submit documentation that describes the quality system implemented by the State, Territory, Tribe, or local government. Documentation may be in the form of a Quality Management Plan or equivalent documentation.

(2)Applicants must submit a quality assurance project plan

(QAPP)or equivalent documentation.

(3)Applicants are responsible for submitting documentation of the quality system and QAPP for review and approval by the EPA Quality Assurance Officer or his designee before they take primary or secondary environmental measurements. More information about the required QA/QC procedures is available in Chapter Four and Appendix H of *National Beach Guidance and Required Performance Criteria for Grants* (EPA-823-B-02-004). Are There Reporting Requirements? Recipients must submit annual performance reports and financial reports as required in 40 CFR 31.40 and 31.41. The annual performance report explains changes to the beach monitoring and notification program during the grant year. It also describes how the grant funds were used to implement the program to meet the performance criteria listed in *National Beach Guidance and Required Performance Criteria for Grants* (EPA-823-B-02-004). The annual performance report required under 40 CFR 31.40 is due no later than 90 days after the grant year ends. Recipients must also submit annual monitoring and notification reports required by the National Beach Guidance and Required Performance Criteria for Grants (EPA-823-B-02-004). Sections 2.2.3 and 4.3 of the document contain the performance criterion requiring an annual monitoring report, and sections 2.2.8 and 5.4 contain the performance criterion requiring an annual notification report. This document can be found at *http://www.epa.gov/waterscience/beaches/grants/.* These reports, required to be submitted to EPA by States, Tribes and Territories under CWA section 406(b)(3)(A), include data collected as part of a monitoring and notification program. As a condition of award of an implementation grant, EPA requires that the monitoring report and the notification report for any beach season be submitted not later than January 31 of the year following the beach season. (See Section II, Funding and Eligibility, above.) What Regulations and OMB Cost Circular Apply to the Award and Administration of these Grants? The regulations at 40 CFR Part 31 govern the award and administration of grants to States, Tribes, local governments, and Territories under CWA section 406(b). Allowable costs will be determined according to the cost principles outlined in 2 CFR Part 225. VI. Grant Coordinators Headquarters—Washington DC Rich Healy USEPA, 1200 Pennsylvania Ave. NW.—4305, Washington DC 20460; T: 202-566-0405; F: 202-566-0409; *healy.richard@epa.gov.* Region I—Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island Matt Liebman USEPA Region I, One Congress St. Suite 1100—COP, Boston, MA 02114-2023; T: 617-918-1626; F: 617-918-1505; *liebman.matt@epa.gov.* Region II—New Jersey, New York, Puerto Rico, U.S. Virgin Islands Helen Grebe USEPA Region II, 2890 Woodbridge Ave., MS220, Edison, NJ 08837-3679; T: 732-321-6797; F: 732-321-6616; *grebe.helen@epa.gov.* Region III—Delaware, Maryland, Pennsylvania, Virginia Mark Barath USEPA Region III, 1650 Arch Street, 3WP30, Philadelphia, PA 19103-2029; T: 215-814-2759; F: 215-814-2318; *barath.mark@epa.gov.* Region IV—Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina Joel Hansel USEPA Region IV, 61 Forsyth St., 15th Floor, Atlanta, GA 30303-3415; T: 404-562-9274; F: 404-562-9224; *hansel.joel@epa.gov.* Region V—Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin Holly Wirick USEPA Region V, 77 West Jackson Blvd., WT-16J, Chicago, IL 60604-3507; T: 312-353-6704; F: 312-886-0168; *wirick.holiday@epa.gov.* Region VI—Louisiana, Texas Mike Schaub USEPA Region VI, 1445 Ross Ave. 6WQ-EW, Dallas, TX 75202-2733; T: 214-665-7314; F: 214-665-6689; *schaub.mike@epa.gov.* Region IX—American Samoa, Commonwealth of the Northern Mariana Islands, California, Guam, Hawaii Terry Fleming USEPA Region IX, 75 Hawthorne St. WTR-2, San Francisco, CA 94105; T: 415-972-3462; F: 415-947-3537; *fleming.terrence@epa.gov.* Region X—Alaska, Oregon, Washington Rob Pedersen USEPA Region X, 120 Sixth Ave., OW-134, Seattle, WA 98101; T: 206-553-1646; F: 206-553-0165; *pedersen.rob@epa.gov.* Dated: January 7, 2008. Benjamin H. Grumbles, Assistant Administrator for Water. [FR Doc. E8-443 Filed 1-11-08; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested January 4, 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 of 1995 (PRA), 44 U.S.C. Sections 3501-3520. An agency may not conduct or sponsor a collection of information unless it displays a current valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the 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 PRA comments should be submitted on or before March 14, 2008. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: You may submit all PRA comments by e-mail or U.S. mail. To submit your comments by e-mail, send them to *PRA@fcc.gov.* To submit your comments by U.S. mail, send them to Leslie F. Smith, Federal Communications Commission, Room 1-C216, 445 12th Street, SW., Washington, DC 20554, or via the Internet to *PRA@fcc.gov.* FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s), contact Leslie F. Smith via the Internet at *PRA@fcc.gov* or call

(202)418-0217. *OMB Control Number:* 3060-0760. *Title:* Access Charge Reform, CC Docket No. 96-262 ( *First Report and Order* ); *Second Order on Reconsideration and Memorandum Opinion and Order,* and *Fifth Report and Order.* *Form Number:* N/A. *Type of Review:* Revision of a currently approved collection. *Respondents:* Business or other for-profit. *Number of Respondents and Responses:* 20 respondents; 20 responses. *Estimated Time per Response:* 3-1,575 hours. *Obligation to Respond:* Required to obtain or retain benefits. *Frequency of Response:* On occasion and one-time reporting requirements. *Total Annual Burden:* 55,514 hours. *Total Annual Cost:* $12,240. *Privacy Act Impact Assessment:* No impacts. *Nature of Extent of Confidentiality:* The Commission is not requesting that the respondents submit confidential information to the FCC. Respondents may, however, request confidential treatment for information they believe to be confidential under 47 CFR Section 0.459 of the Commission's rules. *Needs and Uses:* On August 31, 2007, the FCC released a *Report and Order and Memorandum Opinion and Order* (“ *Order* ”), Sunset of the BOC Separate Affiliate and Related Requirements and 2000 Biennial Regulatory Review Separate Affiliate Requirements, WC Docket No. 02-112; CC Docket No. 00-175, FCC 07-159, Pursuant to this *Order,* respondents are no longer required to comply with 47 U.S.C. Section 272 structural safeguards. As such, the respondents must now file certifications with the Commission prior to providing contract tariff services to itself or to any affiliate that is neither a section 272 nor a rule 64.1903 separate affiliate for use in the provision of any in-region, long distance services that it provides service pursuant to that contract tariff to an unaffiliated customer. The certification requirement will ensure, as a result of the relief granted in this *Order* , equivalent protection in the event the BOCs provide in-region, long distance services directly and will be less burdensome and less costly for these providers. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-459 Filed 1-11-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Public Information Collection Requirement Submitted to OMB for Review and Approval, Comments Requested January 8, 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, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act

(PRA)that does not display a valid control number. Comments are requested concerning

(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;

(b)the accuracy of the Commission's burden estimate;

(c)ways to enhance the quality, utility, and clarity of the information collected; and

(PRA)comments should be submitted on or before February 13, 2008. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget, via Internet at *Nicholas_A._Fraser@omb.eop.gov* or via fax at

(202)395-5167 and to Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street, SW., Washington, DC or via Internet at *Cathy.Williams@fcc.gov* or * 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,

(6)when the list of FCC ICRs currently under review appears, look for the title of this ICR (or its OMB control number, if there is one) and then click on the ICR Reference Number to view detailed information about this ICR.” FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s), contact Cathy Williams at

(202)418-2918. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-0316. *Title:* 47 CFR Sections 76.1700, Records to Be Maintained Locally by Cable System Operators; 76.1703, Commercial Records on Children's Programs; 76.1704, Proof-of-Performance Test Data; 76.1707 Leased Access, 76.1711, Emergency Alert System

(EAS)Tests and Activation. *Form Number:* Not applicable. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit entities. *Number of Respondents:* 3,000. *Estimated Hours per Response:* 26 hours. *Frequency of Response:* Recordkeeping requirement. *Total Annual Burden:* 78,000 hours. *Total Annual Cost:* None. *Nature of Response:* Required to obtain or retain benefits. *Confidentiality:* No need for confidentiality required. *Privacy Impact Assessment(s):* No impact(s). *Needs and Uses:* 47 CFR 76.1700 exempts cable television systems having fewer than 1,000 subscribers from the public inspection requirements contained in 47 CFR Sections 76.1701, 76.1702, 76.1703, 76.1704, 76.1706, and 76.1715. The operator of every cable television system having 1,000 or more subscribers but fewer than 5,000 subscribers shall, upon request, provide the information required by Sections 76.1702, 76.1703, 76.1704, 76.1706 and 76.1715. These cable television systems shall also maintain for public inspection a file containing a copy of all records required to be kept by 47 CFR Section 76.1701. The operator of every cable television system having 5,000 or more subscribers shall maintain for public inspection a file containing a copy of all records which are required to be kept by Sections 76.1701, 76.1702, 76.1703, 76.1704, 76.1706, and 76.1715. 47 CFR 76.1700(b) requires that the public inspection file shall be maintained at the office which the system operator maintains for the ordinary collection of subscriber charges, resolution of subscriber complaints, and other business or at any accessible place in the community served by the system unit(s) (such as a public registry for documents or an attorney's office). The public inspection file shall be available for public inspection at any time during regular business hours. 47 CFR 76.1700(d) requires the records specified in paragraph 76.1700(a) be retained for the period specified in Sections 76.1701, 76.1702, 76.1704(a), and 76.1706. 47 CFR 76.1703 requires that cable operators airing children's programming must maintain records sufficient to verify compliance with 47 CFR Section 76.225 and make such records available to the public. Such records must be maintained for a period sufficient to cover the limitations period specified in 47 U.S.C. 503(b)(6)(B). 47 CFR 76.1704(a) requires the proof of performance tests required by Section 76.601 shall be maintained on file at the operator's local business office for at least five years. The test data shall be made available for inspection by the Commission or the local franchiser, upon request. 47 CFR 76.1704(b) requires the provisions of Section 76.1704(a) shall not apply to any cable television system having fewer than 1,000 subscribers. 47 CFR 76.1707 requires that if a cable operator adopts and enforces a written policy regarding indecent leased access programming pursuant to Section 76.701, such a policy will be considered published pursuant to that rule by inclusion of the written policy in the operator's public inspection file. 47 CFR 76.1711 requires that records be kept of each test and activation of the Emergency Alert System

(EAS)procedures pursuant to the requirement of 47 CFR Part 11 and the EAS Operating Handbook. These records shall be kept for three years. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-460 Filed 1-11-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Public Information Collection Requirement Submitted to OMB for Review and Approval, Comments Requested January 7, 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, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act

(PRA)that does not display a valid control number. Comments are requested concerning

(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;

(b)the accuracy of the Commission's burden estimate;

(c)ways to enhance the quality, utility, and clarity of the information collected; and

(202)395-5167 and to Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street, SW., Washington, DC or via Internet at *Cathy.Williams@fcc.gov* or *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,

(202)418-2918. *OMB Number:* 3060-0888. *Title:* Section 76.7, Petition Procedures; § 76.9, Confidentiality of Proprietary Information; § 76.61, Dispute Concerning Carriage; § 76.914, Revocation of Certification; § 76.1003, Program Access Proceedings; § 76.1302, Carriage Agreement Proceedings; § 76.1513, Open Video Dispute Resolution. *Form Number:* N/A. *Type of Review:* Revision of a currently approved collection. *Respondents:* Business or other for-profit entities. *Number of Respondents:* 600. *Estimated Time per Response:* 4 to 60 hours. *Frequency of Response:* On occasion reporting requirement; Third party disclosure requirement. *Total Annual Burden:* 19,200 hours. *Total Annual Costs:* $240,000. *Nature of Response:* Required to obtain or retain benefits. *Nature and Extent of Confidentiality:* A party that wishes to have confidentiality for proprietary information with respect to a submission it is making to the Commission must file a petition pursuant to the pleading requirements in § 76.7 and use the method described in §§ 0.459 and 76.9 to demonstrate that confidentiality is warranted. *Privacy Act Impact Assessment:* None. *Needs and Uses:* On September 11, 2007, the Commission adopted a Report and Order and a Notice of Proposed Rulemaking In the Matter of Implementation of the Cable Television Consumer Protection and Competition Act of 1992— Development of Competition and Diversity in Video Programming Distribution: Section 628(c)(5) of the Communications Act: Sunset of Exclusive Contract Prohibition; Review of the Commission's Program Access Rules and Examination of Programming Tying Arrangements, MB Docket Nos. 07-29, 07-198, FCC 07-169. Section 628 of the Communications Act proscribes a cable operator, a satellite cable programming vendor in which a cable operator has an attributable interest, or a satellite broadcast programming vendor from engaging in unfair methods of competition and deceptive practices and directs the Commission to, among other things, prescribe regulations to provide for an expedited Commission review of any complaints made under this section. Section 76.1003 contains the Commission's procedural rules for resolving these program access complaints. The new rules to this information collection are 47 CFR 76.1003(e)(1) and 47 CFR 76.1003(j). 47 CFR 76.1003(e)(1) requires a cable operator, satellite cable programming vendor, or satellite broadcast programming vendor that expressly references and relies upon a document in asserting a defense to a program access complaint filed pursuant to § 76.1003 or in responding to a material allegation in a program access complaint filed pursuant to § 76.1003, to include such document or documents as part of the answer. 47 CFR 76.1003(j) states in addition to the general pleading and discovery rules contained in § 76.7 of this part, parties to a program access complaint may serve requests for discovery directly on opposing parties, and file a copy of the request with the Commission. The respondent shall have the opportunity to object to any request for documents that are not in its control or relevant to the dispute. Such request shall be heard, and determination made, by the Commission. Until the objection is ruled upon, the obligation to produce the disputed material is suspended. Any party who fails to timely provide discovery requested by the opposing party to which it has not raised an objection as described above, or who fails to respond to a Commission order for discovery material, may be deemed in default and an order may be entered in accordance with the allegations contained in the complaint, or the complaint may be dismissed with prejudice. *47 CRR 76.7.* Pleadings seeking to initiate FCC action must adhere to the requirements of § 76.6 (general pleading requirements) and § 76.7 (initiating pleading requirements). Section 76.7 is used for numerous types of petitions and special relief petitions, including general petitions seeking special relief, waivers, enforcement, show cause, forfeiture and declaratory ruling procedures. *47 CFR 76.9.* A party that wishes to have confidentiality for proprietary information with respect to a submission it is making to the FCC must file a petition pursuant to the pleading requirements in § 76.7 and use the method described in §§ 0.459 and 76.9 to demonstrate that confidentiality is warranted. The petitions filed pursuant to this provision are contained in the existing information collection requirement and are not changed by the proposed rule changes. *47 CFR 76.61. Section 76.61(a)* permits a local commercial television station or qualified low power television station that is denied carriage or channel positioning or repositioning in accordance with the must-carry rules by a cable operator to file a complaint with the FCC in accordance with the procedures set forth in § 76.7. Section 76.61(b) permits a qualified local noncommercial educational television station that believes a cable operator has failed to comply with the FCC's signal carriage or channel positioning requirements (§§ 76.56 through 76.57) to file a complaint with the FCC in accordance with the procedures set forth in § 76.7. *47 CFR 76.914. Section 76.914(c)* permits a cable operator seeking revocation of a franchising authority's certification to file a petition with the FCC in accordance with the procedures set forth in § 76.7. *47 CFR 76.1003. Section 76.1003(a)* permits any multichannel video programming distributor aggrieved by conduct that it believes constitutes a violation of the FCC's competitive access to cable programming rules to commence an adjudicatory proceeding at the FCC to obtain enforcement of the rules through the filing of a complaint, which must be filed and responded to in accordance with the procedures specified in § 76.7, except to the extent such procedures are modified by § 76.1003. *47 CFR 76.1302. Section 76.1302(a)* permits any video programming vendor or multichannel video programming distributor aggrieved by conduct that it believes constitutes a violation of the FCC's regulation of carriage agreements to commence an adjudicatory proceeding at the FCC to obtain enforcement of the rules through the filing of a complaint, which must be filed and responded to in accordance with the procedures specified in § 76.7, except to the extent such procedures are modified by § 76.1302. *47 CFR 76.1513. Section 76.1513(a)* permits any party aggrieved by conduct that it believes constitutes a violation of the FCC's regulations or in section 653 of the Communications Act (47 U.S.C. 573) to commence an adjudicatory proceeding at the Commission to obtain enforcement of the rules through the filing of a complaint, which must be filed and responded to in accordance with the procedures specified in § 76.7, except to the extent such procedures are modified by § 76.1513. *OMB Control Number:* 3060-0390. *Title:* Broadcast Station Annual Employment Report. *Form Number:* FCC Form 395-B. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit entities; Not-for-profit institutions. *Number of Respondents:* 14,000. *Estimated Time per Response:* 0.88 hours. *Frequency of Response:* Annual reporting requirement. *Total Annual Burden:* 12,320 hours. *Nature of Response:* Required to obtain or retain benefits. *Confidentiality:* No need for confidentiality required. *Total Annual Costs:* None. *Privacy Impact Assessment:* No impact(s). *Needs and Uses:* FCC Form 395-B, “The Broadcast Station Annual Employment Report,” is used to assess industry employment trends and provide reports to Congress. Licensees with five or more full-time employees are required to file Form 395-B on or before September 30th of each year. The form is a data collection device used to compile statistics on the workforce employed by broadcast licensees/permittees. The report identifies each staff member by gender and race/ethnicity in each of the nine major job categories. On June 4, 2004, the FCC released the Third Report and Order and Fourth Notice of Proposed Rulemaking (3rd R&O), In the *Matter of Review of the Commission's Broadcast and Cable Equal Employment Opportunity Rules and Policies, MM Docket No. 98-204, FCC 04-103* , in which it considers issues relating to the Annual Employment Report forms, including Form 395-B, “The Broadcast Station Annual Employment Report.” In the 3rd R&O, the Commission is adopting revised rules requiring broadcasters and multichannel video programming distributors (MVPDs) to file annual employment reports. Radio and television broadcasters will use Form 395-B to file annual employment reports. The intent of this 3rd R&O is to reinstate and update requirements for broadcasters and MVPDs to file annual employment reports. The intent of the Fourth Notice of Proposed Rulemaking is to provide time for MVPDs, broadcast licensees, and the public to address the issue of whether the Commission should keep these forms confidential after they are filed. With the effective date of the rule revisions adopted in the 3rd R&O, MVPDs and broadcasters must start keeping records of their employees so they can prepare their annual employment reports due to be filed on or before September 30, 2004. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-461 Filed 1-11-08; 8:45 am] BILLING CODE 6712-01-P 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 8, 2008. **A. Federal Reserve Bank of New York** (Anne MacEwen, Bank Applications Officer) 33 Liberty Street, New York, New York 10045-0001: *1. The Toronto-Dominion Bank* , Toronto, Canada; TD US P&C Holdings ULC, Calgary, Canada; TD Banknorth, Inc., Portland, Maine; Cardinal Top Co., Cardinal Intermediate Co., and Cardinal Merger Co., all of New York, New York; to acquire 100 percent of the voting shares of Commerce Bancorp, Inc., Cherry Hill, New Jersey, and thereby indirectly acquire voting shares of Commerce Bank, NA, Philadelphia, Pennsylvania, and Commerce Bank/North, Ramsey, New Jersey; and 14.8 percent of Pennsylvania Commerce Bancorp, Inc., and thereby indirectly acquire Commerce Bank/Harrisburg, N.A., both of Harrisburg, Pennsylvania. In connection with this application, Cardinal Top Co., Cardinal Intermediate Co., and Cardinal Merger Co. have applied to become bank holding companies. **B. Federal Reserve Bank of Kansas City** (Todd Offenbacker, Assistant Vice President) 925 Grand Avenue, Kansas City, Missouri 64198-0001: *1. Heartland Bancshares, Inc.* , Clinton, Missouri; to become a bank holding company by acquiring 100 percent of the voting shares of Marshall Community Bancshares, Inc., and thereby indirectly acquire voting shares of Community Bank of Marshall, both in Marshall, Missouri. Board of Governors of the Federal Reserve System, January 9, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc.E8-431 Filed 1-11-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Notice of Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage *de novo* , or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. 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 the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than February 8, 2008. **A. Federal Reserve Bank of Richmond** (A. Linwood Gill, III, Vice President) 701 East Byrd Street, Richmond, Virginia 23261-4528: *1. BB&T Corporation* , Winston- Salem, North Carolina; to acquire 100 percent of the voting shares of BB&T Financial, FSB, Columbus, Georgia, a *de novo* savings assocation, and thereby engage in operating a savings association, pursuant to section 225.28(b)(4)(ii) of Regulation Y. Board of Governors of the Federal Reserve System, January 9, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc.E8-430 Filed 1-11-08; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day-08-05CV] Agency Forms Undergoing Paperwork Reduction Act Review The Centers for Disease Control and Prevention

(CDC)publishes a list of information collection requests under review by the Office of Management and Budget

(OMB)in compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). To request a copy of these requests, call the CDC Reports Clearance Officer at

(404)639-4766 or send an e-mail to *omb@cdc.gov* . Send written comments to CDC Desk Officer, Office of Management and Budget, Washington, DC or by fax to

(202)395-6974. Written comments should be received within 30 days of this notice. Proposed Project Survey of 911 Emergency Treatment for Heart Disease and Stroke—New—National Center for Chronic Disease Prevention and Health Promotion (NCCDPHP), Division for Heart Disease and Stroke Prevention (DHDSP), Centers for Disease Control and Prevention (CDC). Background and Brief Description CDC's Division for Heart Disease and Stroke Prevention (DHDSP) was established to provide national leadership to reduce the burden of disease, disability, and death from heart disease and stroke through its research and programs. CDC proposes to collect information concerning pre-hospital Emergency Medical Services

(EMS)practices needed to develop solutions to the crisis in emergency care and to effectively coordinate national public health interventions in death and disability from heart attacks and stroke. The proposed survey will be conducted with approximately 1,800 local pre-hospital EMS provider organizations to examine staffing and certification configurations, medical oversight, training, and the scope of practice of pre-hospital emergency care specifically for cardiac and stroke emergencies. The survey sample includes all 2,250 local pre-hospital EMS provider organizations in nine proposed states (FL, MA, KS, MT, NM, WI, OR, SC, AR). The information collection will also include semi-structured interviews with ten directors of sub-state EMS regions. The interviews will examine organizational and administrative aspects of pre-hospital EMS at the state and sub-state levels to explore similarities and differences from state to state. Data analysis will include descriptive statistics for data from the EMS provider survey on pre-hospital field practices and capabilities for cardiac and stroke emergencies in nine states representing all regions of the U.S. It will also include qualitative analysis of information related to state and sub-state EMS organizational and administrative contexts and their influence on local pre-hospital EMS. The information collection will provide for interaction with important stakeholders for partnering and cooperation through the selection of an expert working group to review the survey findings and assist with the development of recommendations. There are no costs to respondents except their time. The estimated annualized burden hours are 533. Estimated Annualized Burden Hours Type of respondents Form name No. of respondents No. of responses per respondent Average burden per response (in hours) Supervisor/Manager of EMS Personnel Screening Script to Identify Supervisor for Interview 2,250 1 2/60 Local EMS Provider Survey 1,800 1 15/60 Administrator/Director of Sub-state EMS Region Topic Guide for Semi-Structured Telephone Interview 10 1 45/60 Dated: January 7, 2008. Maryam I. Daneshvar, Acting Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E8-425 Filed 1-11-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Field Trials to Efficacy of Natural Products for the Control of the Tick Vectors of Lyme Disease Spirochetes, Program Announcement

(PA)CK08-001; Evaluation of Reservoir-Targeted Vaccine Formulations To Prevent Enzootic Transmission of Borrelia Burgdorferi (Lyme Borreliosis), PA CK08-002 *Correction:* This notice was published in the **Federal Register** on December 19, 2007, Volume 72, Number 243, page 71913-71914. The title and place should read as follows: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Field Trials to Efficacy of Natural Products for the Control of the Tick Vectors of Lyme Disease Spirochetes, Program Announcement

(PA)CK08-001; Evaluation of Reservoir-Targeted Vaccine Formulations To Prevent Enzootic Transmission of Borrelia Burgdorferi (Lyme Borreliosis), PA CK08-002. *Place:* Teleconference. The Director, Management Analysis and Services Office, has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry. Dated: January 8, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-480 Filed 1-11-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services Privacy Act of 1974; Report of a Modified or Altered System of Records AGENCY: Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS). ACTION: Notice of a Modified or Altered System of Records (SOR). SUMMARY: In accordance with the Privacy Act of 1974, we are proposing to modify or alter an existing SOR, “Health Plan Management System

(HPMS),” System No. 09-70-4004, established at 63 **Federal Register** 43187 (August 12, 1998). We will broaden the scope of this system by including a new activity related to health plan and Part D plan management referred to as the Complaint Tracking Module (CTM). CTM will collect and maintain identifiable information on individuals who are, but not limited to, complainants, including beneficiaries, relatives and caregivers, Congresspersons and their staff, State Health Insurance Program representatives, and providers of service and their staff. The CTM stores complaint data, including, but not limited to, the following: Date complaint received; date of incident; issue level; complainant and/or beneficiary information; complaint summary; complaint category; complaint resolution summary; and plan resolution summary. Plans use the CTM to track the beneficiary complaints assigned to their organization, enter complaint case resolutions, and close out complaints. In addition, HPMS will collect information from health plans and Part D plan organizations pertaining to individuals who market and/or sell health insurance and prescription drug plan products on behalf of these plan organizations and who are licensed or authorized by a State Insurance Commissioner or other certifying agencies. We are sharing data pertaining to all agents/brokers to assist CMS and State Insurance Commissioners in improving oversight of the sales marketplace and in avoiding fraudulent sales practices that mislead and harm Medicare beneficiaries. We propose to assign a new CMS identification number to this system to simplify the obsolete and confusing numbering system originally designed to identify the Bureau, Office, or Center that maintained information in the Health Care Financing Administration systems of records. The new assigned identifying number for this system should read: System No. 09-70-0500. We will delete routine use number 1 authorizing disclosure to support constituent requests made to a congressional representative. If an authorization for the disclosure has been obtained from the data subject, then no routine use is needed. The Privacy Act allows for disclosures with the “prior written consent” of the data subject. We propose to delete published routine use number 5 authorizing disclosure to a contractor for the purpose of collating, analyzing, aggregating or otherwise refining or processing records in this system or for developing, modifying and/or manipulating automated information systems software. We also propose to add a routine use for the release of information that permits disclosure to agency contractors, consultants, and CMS grantees that perform a task for the agency. CMS occasionally contracts out certain of its functions when doing so would contribute to effective and efficient operations. CMS must be able to give a contractor, consultant or grantee whatever information is necessary for the contractor, consultant, or grantee to fulfill its duties. We propose to delete published routine use number 2 authorizing disclosure to the Bureau of Census; published routine use number 7 authorizing disclosure to state Medicaid agencies; number 8 authorizing disclosure to an agency of a state Government, or established by state law, for purposes of determining the quality of health care services provided in the state; published routine use number 9 authorizing disclosure to another Federal or state agency; published routine use number 10 authorizing disclosure to other Federal agencies or states to support the administration of other Federal or state health care programs; and published routine use number 11 authorizing disclosure to the Social Security Administration. These routine uses duplicate the intended releases and as such will be combined into a single routine use to “assist another Federal or state agency, agency of a state government, an agency established by state law, or its fiscal agent to:

(a)Contribute to the accuracy of CMS's proper payment of Medicare benefits,

(b)enable such agency to administer a Federal health benefits program, or as necessary to enable such agency to fulfill a requirement of a Federal statute or regulation that implements a health benefits program funded in whole or in part with federal funds; and

(c)evaluate and monitor the quality of health care in the program and contribute to the accuracy of health plan operations.” We will modify existing routine use number 6 that permits disclosure to Peer Review Organizations (PRO). Organizations previously referred to as PROs will be renamed to read: Quality Improvement Organizations (QIO). Information will be disclosed to QIOs for health care quality improvement projects. The modified routine use will be renumbered as routine use number 4. We propose to delete published routine use number 14 authorizing disclosures to any entity that makes payment for or oversees administration of health care services to combat fraud and abuse against such entity or the program or services administered by such entity. This disclosure provision falls outside the scope of the stated purpose for the collection of data maintained in this system. We will broaden the scope of this system by including the section titled “Additional Circumstances Affecting Routine Use Disclosures,” that addresses “Protected Health Information (PHI)” and “small cell size.” The requirement for compliance with HHS regulation “Standards for Privacy of Individually Identifiable Health Information” apply when ever the system collects or maintain PHI. This system may contain PHI. In addition, our policy to prohibit release if there is a possibility that an individual can be identified through “small cell size” will apply to the data disclosed from this system. The security classification previously reported as “None” will be modified to reflect that the data in this system is considered to be “Level Three Privacy Act Sensitive.” We are modifying the language in the remaining routine uses to provide a proper explanation as to the need for the routine use and to provide clarity to CMS's intention to disclose individual-specific information contained in this system. The routine uses will then be prioritized and reordered according to their usage. We will also take the opportunity to update any sections of the system that were affected by the impact of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003

(MMA)(Pub. L. 108-173) provisions and to update language in the administrative sections to correspond with language used in other CMS SORs. The primary purpose of this modified system is to collect and maintain information on Medicare beneficiaries enrolled in Medicare Health Plans in order to develop and disseminate information required by the Balanced Budget Act of 1997 that will inform beneficiaries and the public of indicators of health plan performance to help beneficiaries choose among health plans, support quality improvement activities within the plans, monitor and evaluate quality improvement activities within the plans, monitor and evaluate care provided by health plans; provide guidance to program management and policies, and provide a research data base for CMS and other researchers. The information retrieved from this system of records will also be disclosed to:

(1)Support regulatory, reimbursement, and policy functions performed within the Agency or by a contractor or consultant;

(2)assist another Federal and/or state agency, agency of a state government, an agency established by state law, or its fiscal agent, for evaluating and monitoring the quality of home health care and contribute to the accuracy of health insurance operations;

(3)support research, evaluation, or epidemiological projects related to the prevention of disease or disability, or the restoration or maintenance of health, and for payment related projects;

(4)support the functions of Quality Improvement Organizations (QIO);

(5)support litigation involving the Agency;

(6)combat fraud and abuse in certain health care programs. We have provided background information about the modified system in the SUPPLEMENTARY INFORMATION section below. Although the Privacy Act requires only that CMS provide an opportunity for interested persons to comment on the modified or altered routine uses, CMS invites comments on all portions of this notice. See EFFECTIVE DATES section for comment period. EFFECTIVE DATES: CMS filed a modified or altered system report with the Chair of the House Committee on Government Reform and Oversight, the Chair of the Senate Committee on Homeland Security & Governmental Affairs, and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget

(OMB)on January 4, 2008. To ensure that all parties have adequate time in which to comment, the modified system, including routine uses, will become effective 30 days from the publication of the notice, or 40 days from the date it was submitted to OMB and Congress, whichever is later, unless CMS receives comments that require alterations to this notice. ADDRESSES: The public should address comments to: CMS Privacy Officer, Division of Privacy Compliance, Enterprise Architecture and Strategy Group, Office of Information Services, CMS, Room N2-04-27, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Comments received will be available for review at this location, by appointment, during regular business hours, Monday through Friday from 9 a.m.-3 p.m., eastern time zone. FOR FURTHER INFORMATION CONTACT: Ms. Lori Robinson, Director, Division of Plan Data, Plan Oversight and Accountability Group, Center for Beneficiary Choices, Center for Medicare & Medicaid Services, 7500 Security Boulevard, C4-14-21, Baltimore, Maryland 21244-1850. Her telephone number is

(410)786-1826 or via e-mail at *lori.robinson@cms.hhs.gov.* SUPPLEMENTARY INFORMATION: The Health Plan Management System is a database containing rates for selected performance measures for each Medicare health plan. The data are compiled by HIC number, member month contribution, and a flag to indicate if the member was counted in the rate's numerator. The system will collect rate information on categories such as the following: • “Use of Services” measures such as the frequency of selected procedures (e.g., percutaneous transluminal coronary artery angioplasty, prostatectomy, coronary artery bypass with graft, hysterectomy, cholecystectomy, cardiac catheterization, reduction of fracture of the femur, total hip and knee replacement, partial excision of the large intestine, carotid endarterectomy); percentage of members receiving inpatient, day/night and ambulatory mental health and chemical dependency services; readmission for chemical dependency, and specified mental health disorders. • “Effectiveness of Care” measures such as breast cancer screening, beta blocker treatment after a heart attack, eye exams for people with diabetes, and follow-up after hospitalization for mental illness. • “Member Satisfaction” measures related to quality, access, and general satisfaction. • “Functional Status” measures which are patient centered and track actual outcomes or results of care, addressing both physical and mental well-being over time. The information from HPMS will be augmented by being linked to other CMS data and other administrative data to provide validation and greater analytic capacity. The HPMS will be used to: • Develop and disseminate summary information required by the Balanced Budget Act of 1997 that will inform beneficiaries and the public of indicators of health plan performance to help beneficiaries choose among health plans. The information will include plan-to-plan comparisons of benefits and co-payments supplemented with consumer satisfaction information and plan performance data. • Support quality improvement activities. Summary data will be useful for health plans' internal quality improvement, as well as to CMS and Quality Improvement Organizations in monitoring and evaluating the care provided by health plans. • Conduct research and demonstrations addressing managed care quality, access, and satisfaction issues. • Provide guidance for program management and policy development. HPMS houses the results of the Health Plan Employer Data and Information Set (HEDIS) and the Consumer Assessment of Health Plans Survey (CAHPS). The system will contain information on recipients of Medicare Part A and Part B services who are enrolled in health plans and Part D plans. The total number of current enrollees in Medicare Part C health plans is approximately 9 million. HEDIS reflects a joint effort of public and private purchasers, consumers, labor unions, health plans, and measurement experts to develop a comprehensive set of performance measures for Medicare, Medicaid, and commercial populations enrolled in managed care plans. HEDIS measures eight aspects of health care: Effectiveness of care; access/availability of care, satisfaction with the experience of care, health plan stability, use of services, cost of care, informed health care choices, and health plan descriptive information. In 1997, CMS is requiring reporting of a number of performance measures from HEDIS relevant to the Medicare managed care population. The HEDIS data is subject to audit, to ensure that plans submit accurate and complete data. Another aspect of the audit is to assess the reasonableness of the HEDIS measures. For example, if all or most health plans have problems with a particular measure, the problem could be with the measure, not the plans. Included in HEDIS is a functional status measure which tracks both physical health and mental health status over a 2-year period through a self-administered instrument in which the beneficiary indicates whether his/her health status has improved, stayed the same, or deteriorated. The measure is risk adjusted for co-morbid conditions, income, race, education, social support, age, and gender. It will be used to compare how well plans care for seniors. It reflects the belief that high quality health care can either improve or at least slow the rate of decline in senior members' ability to lead active and independent lives. In concert with the Agency for Health Care Policy and Research, CMS sponsored the development of a Medicare specific version of the CAHPS consumer satisfaction survey. The survey will collect information about Medicare enrollees' satisfaction, access, and quality of care within managed care plans. Beginning in 1997, CMS is requiring all Medicare contracting plans to participate in an independent third party administration of an annual member satisfaction survey. All performance measures are subject to modification as new performance measurement sets are developed with a stronger focus on outcomes and chronic disease issues, including patient satisfaction and quality of life measures relevant to specific diseases. The Privacy Act permits us to disclose information without the consent of individuals for “routine uses”—that is, disclosures that are compatible with the purpose for which we collected the information. The proposed routine uses in the new system meet the compatibility criteria since the information is collected to produce estimates of health care use and quality, and determinants thereof, by the aged and disabled enrolled in group health plans. We anticipate the disclosures under the routine uses will not result in any unwarranted adverse effects on personal privacy. The HPMS Complaints Tracking Module

(CTM)stores beneficiary complaints related to the Medicare Advantage

(MA)and Part D programs. This module contains beneficiary complaints that have been collected by 1-800-Medicare as well as beneficiary complaints entered directly into the CTM by CMS staff. The CTM stores complaint data, including, but not limited to, the following: Date complaint received; date of incident; issue level; complainant and/or beneficiary information; complaint summary; complaint category; complaint resolution summary; and plan resolution summary. Plans use the CTM to track the beneficiary complaints assigned to their organization, enter complaint case resolutions, and close out complaints. CMS uses the CTM to enter beneficiary complaints received directly by the regional office, perform casework for those complaints not assigned to an organization, and to monitor plan progress on resolving complaints timely. We are sharing data pertaining to all marketing agents/brokers to assist CMS and State Department of Insurance

(DOI)in improving oversight of the sales marketplace and in avoiding fraudulent sales practices that mislead and harm Medicare beneficiaries. Beneficiaries that are enrolled in a health plan or prescription drug plan under false, fraudulent pretense result in plan organizations receiving payments to which they are not entitled. As a result, there is a payment policy component involved. We will require contracted health plans and prescription drug plans, though contract or program memorandum (or both) to notify all agents/brokers that sell their Medicare products that their information is being shared with CMS, its contractors, and State DOIs. I. Description of the Modified or Altered System of Records A. Statutory and Regulatory Basis for SOR Authority for maintenance of the system is given under section 1875 of the Social Security Act (the Act) (42 U.S.C. 1395ll), entitled Studies and Recommendations; section 1121 of the Act (42 U.S.C. 1121), entitled Uniform Reporting System for Health Services Facilities and Organizations; and § 1876 of the Act (42 U.S.C. 1395mm), entitled Payments to Health Maintenance Organizations and Competitive Medical Plans. Authority for maintenance and dissemination of Health Plan information is also given under the Balanced Budget Act of 1997 (Pub. L. 105-33). B. Collection and Maintenance of Data in the System. Information is collected and maintained on recipients of Medicare Part A (Hospital Insurance) and Part B (supplementary medical insurance) services who are enrolled in Medicare health plans and prescription drug plans. CTM will collect and maintain identifiable information on individuals who are, but not limited to, complainants, including beneficiaries, relatives and caregivers, Congresspersons and their staff, State Health Insurance Program representatives, and providers of service and their staff. The system contains demographic and identifying data, as well as survey and deficiency data. Identifying data includes, but is not limited to: Name, title, address, city, state, ZIP code, e-mail address, telephone numbers, fax number, licensure number, SSN, Federal tax identification number, alias names, date of birth, gender, date admitted and/or date discharged. In addition, the CTM stores complaint data, including, but not limited to, the following: Date complaint received; date of incident; issue level; complainant and/or beneficiary information; complaint summary; complaint category; complaint resolution summary; and plan resolution summary. II. Agency Policies, Procedures, and Restrictions on the Routine Use A. Agency Policies, Procedures, and Restrictions on the Routine Use The Privacy Act permits us to disclose information without an individual's consent if the information is to be used for a purpose that is compatible with the purpose(s) for which the information was collected. Any such disclosure of data is known as a “routine use.” The government will only release HPMS information that can be associated with an individual as provided for under “Section III. Proposed Routine Use Disclosures of Data in the System.” Both identifiable and non-identifiable data may be disclosed under a routine use. We will only collect the minimum personal data necessary to achieve the purpose of HPMS. CMS has the following policies and procedures concerning disclosures of information that will be maintained in the system. Disclosure of information from this system will be approved only to the extent necessary to accomplish the purpose of the disclosure and only after CMS: 1. Determines that the use or disclosure is consistent with the reason that the data is being collected, *e.g.* , to collect and maintain information on Medicare beneficiaries enrolled in Medicare Health Plans. 2. Determines that: a. The purpose for which the disclosure is to collect and maintain information on Medicare beneficiaries enrolled in Medicare Health Plans in order to develop and disseminate information required by the Balanced Budget Act of 1997 that will inform beneficiaries and the public of indicators of health plan performance to help beneficiaries choose among health plans, support quality improvement activities within the plans, monitor and evaluate quality improvement activities within the plans, monitor and evaluate care provided by health plans; provide guidance to program management and policies, and provide a research data base for CMS and other researchers; b. the purpose for which the disclosure is to be made is of sufficient importance to warrant the effect and/or risk on the privacy of the individual that additional exposure of the record might bring; and c. there is a strong probability that the proposed use of the data would in fact accomplish the stated purpose(s). 3. Requires the information recipient to: a. Establish administrative, technical, and physical safeguards to prevent unauthorized use of disclosure of the record; b. remove or destroy at the earliest time all patient-identifiable information; and c. agree to not use or disclose the information for any purpose other than the stated purpose under which the information was disclosed. 4. Determines that the data are valid and reliable. III. Proposed Routine Use Disclosures of Data in the System A. The Privacy Act allows us to disclose information without an individual's consent if the information is to be used for a purpose that is compatible with the purpose(s) for which the information was collected. Any such compatible use of data is known as a “routine use.” The proposed routine uses in this system meet the compatibility requirement of the Privacy Act. We are proposing to establish the following routine use disclosures of information maintained in the system: 1. To agency contractors, or consultants, or to a grantee of a CMS-administered grant program who have been engaged by the agency to assist in the accomplishment of a CMS function relating to the purposes for this system and who need to have access to the records in order to assist CMS. We contemplate disclosing this information under this routine use only in situations in which CMS may enter into a contractual or similar agreement with a third party to assist in accomplishing a CMS function relating to purposes for this system. CMS occasionally contracts out certain of its functions when doing so would contribute to effective and efficient operations. CMS must be able to give a contractor, consultant or grantee whatever information is necessary for the contractor or consultant to fulfill its duties. In these situations, safeguards are provided in the contract prohibiting the contractor, consultant or grantee from using or disclosing the information for any purpose other than that described in the contract and requires the contractor, consultant or grantee to return or destroy all information at the completion of the contract. 2. To another Federal and/or state agency, agency of a state government, an agency established by state law, or its fiscal agent to: a. Contribute to the accuracy of CMS's proper payment of Medicare benefits, b. enable such agency to administer a Federal health benefits program, or as necessary to enable such agency to fulfill a requirement of a Federal statute or regulation that implements a health benefits program funded in whole or in part with Federal funds, and/or c. assist Federal/state Medicaid programs within the state. Other Federal or state agencies in their administration of a Federal health program may require HPMS information in order to support evaluations and monitoring of Medicare claims information of beneficiaries, including proper reimbursement for services provided; To another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States (including any State or local law enforcement agencies) for a civil or criminal law enforcement activity (e.g. police, FBI, State Attorney General's office); In addition, other state agencies in their administration of a Federal health program may require HPMS information for the purpose of developing and operating Medicaid reimbursement systems; or for the purpose of administration of Federal/State program within the State. Data will be released to the State only on those individuals who are either patients within the State, of are legal residents of the State, regardless of the location of the facility in which the patient is receiving services; To the agency of a State government, or established by State law, for purposes of determining, evaluating and/or assessing overall or aggregate cost, effectiveness, and/or the quality of services provided in the State; and State agencies may use HPMS data to perform Federal certification and State licensure functions, including the investigation of complaints and entity-reported incidents. 3. To assist an individual or organization for research, evaluation or epidemiological projects related to the prevention of disease or disability, or the restoration or maintenance of health, and for payment related projects. The collected data will provide the research, evaluation and epidemiological projects a broader, longitudinal, national perspective of the data. CMS anticipates that many researchers will have legitimate requests to use these data in projects that could ultimately improve the care provided to Medicare patients and the policy that governs the care. CMS understands the concerns about the privacy and confidentiality of the release of data for a research use. Disclosure of data for research and evaluation purposes may involve aggregate data rather than individual-specific data. 4. To Quality Improvement Organizations

(QIO)in order to assist the QIO to perform Title XI and Title XVIII functions relating to assessing and improving quality of care. The QIO will work to implement quality improvement programs, provide consultation to CMS, its contractors, and to state agencies. The QIO will assist state agencies in related monitoring and enforcement efforts, assist CMS and intermediaries in program integrity assessment, and prepare summary information for release to CMS. 5. To the Department of Justice (DOJ), court or adjudicatory body when: a. The agency or any component thereof, or b. any employee of the agency in his or her official capacity, or c. any employee of the agency in his or her individual capacity where the DOJ has agreed to represent the employee, or d. the United States Government is a party to litigation or has an interest in such litigation, and by careful review, CMS determines that the records are both relevant and necessary to the litigation and that the use of such records by the DOJ, court or adjudicatory body is compatible with the purpose for which the agency collected the records. Whenever CMS is involved in litigation, and occasionally when another party is involved in litigation and CMS' policies or operations could be affected by the outcome of the litigation, CMS would be able to disclose information to the DOJ, court or adjudicatory body involved. 6. To assist a CMS contractor (including, but not necessarily limited to fiscal intermediaries and carriers) that assists in the administration of a CMS-administered health benefits program, or to a grantee of a CMS-administered grant program, when disclosure is deemed reasonably necessary by CMS to prevent, deter, discover, detect, investigate, examine, prosecute, sue with respect to, defend against, correct, remedy, or otherwise combat fraud or abuse in such program. We contemplate disclosing information under this routine use only in situations in which CMS may enter into a contractual relationship or grant with a third party to assist in accomplishing CMS functions relating to the purpose of combating fraud and abuse. CMS occasionally contracts out certain of its functions and makes grants when doing so would contribute to effective and efficient operations. CMS must be able to give a contractor or grantee whatever information is necessary for the contractor or grantee to fulfill its duties. In these situations, safeguards are provided in the contract prohibiting the contractor or grantee from using or disclosing the information for any purpose other than that described in the contract and requiring the contractor or grantee to return or destroy all information. 7. To assist another Federal agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States (including any State or local governmental agency), that administers, or that has the authority to investigate potential fraud or abuse in, a health benefits program funded in whole or in part by Federal funds, when disclosure is deemed reasonably necessary by CMS to prevent, deter, discover, detect, investigate, examine, prosecute, sue with respect to, defend against, correct, remedy, or otherwise combat fraud or abuse in such programs. Other agencies may require HPMS information for the purpose of combating fraud and abuse in such Federally-funded programs. B. Additional Provisions Affecting Routine Use Disclosures To the extent this system contains Protected Health Information

(PHI)as defined by HHS regulation “Standards for Privacy of Individually Identifiable Health Information” (45 CFR Parts 160 and 164, 65 FR 82462 (12-28-00), Subparts A and E. Disclosures of such PHI that are otherwise authorized by these routine uses may only be made if, and as, permitted or required by the “Standards for Privacy of Individually Identifiable Health Information.” In addition, our policy will be to prohibit release even of data not directly identifiable, except pursuant to one of the routine uses or if required by law, if we determine there is a possibility that an individual can be identified through implicit deduction based on small cell sizes (instances where the patient population is so small that individuals could, because of the small size, use this information to deduce the identity of the beneficiary). IV. Safeguards CMS has safeguards in place for authorized users and monitors such users to ensure against excessive or unauthorized use. Personnel having access to the system have been trained in the Privacy Act and information security requirements. Employees who maintain records in this system are instructed not to release data until the intended recipient agrees to implement appropriate management, operational and technical safeguards sufficient to protect the confidentiality, integrity and availability of the information and information systems and to prevent unauthorized access. This system will conform to all applicable Federal laws and regulations and Federal, HHS, and CMS policies and standards as they relate to information security and data privacy. These laws and regulations may apply but are not limited to: the Privacy Act of 1974; the Federal Information Security Management Act of 2002; the Computer Fraud and Abuse Act of 1986; the Health Insurance Portability and Accountability Act of 1996; the E-Government Act of 2002; the Clinger-Cohen Act of 1996; the Medicare Modernization Act of 2003; and the corresponding implementing regulations. OMB Circular A-130, Management of Federal Resources, Appendix III, Security of Federal Automated Information Resources, also applies. Federal, HHS, and CMS policies and standards include but are not limited to: all pertinent National Institute of Standards and Technology publications, the HHS Information Systems Program Handbook, and the CMS Information Security Handbook. V. Effects of the Modified or Altered System of Records on Individual Rights CMS proposes to modify this system in accordance with the principles and requirements of the Privacy Act and will collect, use, and disseminate information only as prescribed therein. Data in this system will be subject to the authorized releases in accordance with the routine uses identified in this system of records. CMS will take precautionary measures to minimize the risks of unauthorized access to the records and the potential harm to individual privacy or other personal or property rights of patients whose data are maintained in the system. CMS will collect only that information necessary to perform the system's functions. In addition, CMS will make disclosure from the proposed system only with consent of the subject individual, or his/her legal representative, or in accordance with an applicable exception provision of the Privacy Act. CMS, therefore, does not anticipate an unfavorable effect on individual privacy as a result of information relating to individuals. Dated: January 3, 2008. Charlene Frizzera, Chief Operating Officer, Centers for Medicare & Medicaid Services. SYSTEM NO. 09-70-0500 SYSTEM NAME: “Health Plan Management System (HPMS),” HHS/CMS/CBC. SECURITY CLASSIFICATION: Level Three Privacy Act Sensitive Data. SYSTEM LOCATION: The Centers for Medicare & Medicaid Services

(CMS)Data Center, 7500 Security Boulevard, North Building, First Floor, Baltimore, Maryland 21244-1850 and at various co-locations of CMS agents. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Information is collected and maintained on recipients of Medicare Part A (Hospital Insurance) and Part B (supplementary medical insurance) services who are enrolled in Medicare health plans and prescription drug plans. Identifiable information will also be collected on individuals who are, but not limited to, complainants, including beneficiaries, relatives and caregivers, Congresspersons and their staff, State Health Insurance Program representatives, and providers of service and their staff. CATEGORIES OF RECORDS IN THE SYSTEM: The system contains demographic and identifying data, as well as survey and deficiency data. Identifying data includes, but is not limited to: name, title, address, city, state, ZIP code, e-mail address, telephone numbers, fax number, licensure number, SSN, Federal tax identification number, alias names, date of birth, gender, date admitted and/or date discharged. In addition, the CTM stores complaint data, including, but not limited to, the following: date complaint received; date of incident; issue level; complainant and/or beneficiary information; complaint summary; complaint category; complaint resolution summary; and plan resolution summary. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Authority for maintenance of the system is given under section 1875 of the Social Security Act (the Act) (42 U.S.C. 1395ll), entitled Studies and Recommendations; section 1121 of the Act (42 U.S.C. 1121), entitled Uniform Reporting System for Health Services Facilities and Organizations; and § 1876 of the Act (42 U.S.C. 1395mm), entitled Payments to Health Maintenance Organizations and Competitive Medical Plans. Authority for maintenance and dissemination of Health Plan information is also given under the Balanced Budget Act of 1997 (Pub. L. 105-33). PURPOSE(S) OF THE SYSTEM: The primary purpose of this modified system is to collect and maintain information on Medicare beneficiaries enrolled in Medicare Health Plans in order to develop and disseminate information required by the Balanced Budget Act of 1997 that will inform beneficiaries and the public of indicators of health plan performance to help beneficiaries choose among health plans, support quality improvement activities within the plans, monitor and evaluate quality improvement activities within the plans, monitor and evaluate care provided by health plans; provide guidance to program management and policies, and provide a research data base for CMS and other researchers. The information retrieved from this system of records will also be disclosed to:

(1)Support regulatory, reimbursement, and policy functions performed within the Agency or by a contractor or consultant;

(3)support research, evaluation, or epidemiological projects related to the prevention of disease or disability, or the restoration or maintenance of health, and for payment related projects;

(4)support the functions of Quality Improvement Organizations (QIO);

(5)support litigation involving the Agency;

(6)combat fraud and abuse in certain health care programs. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OR USERS AND THE PURPOSES OF SUCH USES: A. The Privacy Act allows us to disclose information without an individual's consent if the information is to be used for a purpose that is compatible with the purpose(s) for which the information was collected. Any such compatible use of data is known as a “routine use.” The proposed routine uses in this system meet the compatibility requirement of the Privacy Act. We are proposing to establish the following routine use disclosures of information maintained in the system: 1. To agency contractors, or consultants, or to a grantee of a CMS-administered grant program who have been engaged by the agency to assist in the accomplishment of a CMS function relating to the purposes for this system and who need to have access to the records in order to assist CMS. 2. To another Federal and/or state agency, agency of a state government, an agency established by state law, or its fiscal agent to: a. Contribute to the accuracy of CMS' proper payment of Medicare benefits, b. Enable such agency to administer a Federal health benefits program, or as necessary to enable such agency to fulfill a requirement of a Federal statute or regulation that implements a health benefits program funded in whole or in part with Federal funds, and/or c. Assist Federal/state Medicaid programs within the state. 3. To assist an individual or organization for research, evaluation or epidemiological projects related to the prevention of disease or disability, or the restoration or maintenance of health, and for payment related projects. 4. To Quality Improvement Organizations

(QIO)in order to assist the QIO to perform Title XI and Title XVIII functions relating to assessing and improving quality of care. 5. To the Department of Justice (DOJ), court or adjudicatory body when: a. The agency or any component thereof, or b. Any employee of the agency in his or her official capacity, or c. Any employee of the agency in his or her individual capacity where the DOJ has agreed to represent the employee, or d. The United States Government is a party to litigation or has an interest in such litigation, and by careful review, CMS determines that the records are both relevant and necessary to the litigation and that the use of such records by the DOJ, court or adjudicatory body is compatible with the purpose for which the agency collected the records. 6. To assist a CMS contractor (including, but not necessarily limited to fiscal intermediaries and carriers) that assists in the administration of a CMS-administered health benefits program, or to a grantee of a CMS-administered grant program, when disclosure is deemed reasonably necessary by CMS to prevent, deter, discover, detect, investigate, examine, prosecute, sue with respect to, defend against, correct, remedy, or otherwise combat fraud or abuse in such program. 7. To assist another Federal agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States (including any State or local governmental agency), that administers, or that has the authority to investigate potential fraud or abuse in, a health benefits program funded in whole or in part by Federal funds, when disclosure is deemed reasonably necessary by CMS to prevent, deter, discover, detect, investigate, examine, prosecute, sue with respect to, defend against, correct, remedy, or otherwise combat fraud or abuse in such programs. B. Additional Provisions Affecting Routine Use Disclosures To the extent this system contains Protected Health Information

(PHI)as defined by HHS regulation “Standards for Privacy of Individually Identifiable Health Information” (45 CFR Parts 160 and 164, 65 Fed. Reg. 82462 (12-28-00), Subparts A and E. Disclosures of such PHI that are otherwise authorized by these routine uses may only be made if, and as, permitted or required by the “Standards for Privacy of Individually Identifiable Health Information.” In addition, our policy will be to prohibit release even of data not directly identifiable, except pursuant to one of the routine uses or if required by law, if we determine there is a possibility that an individual can be identified through implicit deduction based on small cell sizes (instances where the patient population is so small that individuals could, because of the small size, use this information to deduce the identity of the beneficiary). POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: All records are stored on the magnetic disk sub-system of the Sun Solaris 10 Server. Furthermore, these records are saved to magnetic tape backup on a nightly basis. RETRIEVABILITY: The records are retrieved by health insurance claims number or other individually identifying numbers. SAFEGUARDS: CMS has safeguards in place for authorized users and monitors such users to ensure against excessive or unauthorized use. Personnel having access to the system have been trained in the Privacy Act and information security requirements. Employees who maintain records in this system are instructed not to release data until the intended recipient agrees to implement appropriate management, operational and technical safeguards sufficient to protect the confidentiality, integrity and availability of the information and information systems and to prevent unauthorized access. This system will conform to all applicable Federal laws and regulations and Federal, HHS, and CMS policies and standards as they relate to information security and data privacy. These laws and regulations may apply but are not limited to: the Privacy Act of 1974; the Federal Information Security Management Act of 2002; the Computer Fraud and Abuse Act of 1986; the Health Insurance Portability and Accountability Act of 1996; the E-Government Act of 2002, the Clinger-Cohen Act of 1996; the Medicare Modernization Act of 2003, and the corresponding implementing regulations. OMB Circular A-130, Management of Federal Resources, Appendix III, Security of Federal Automated Information Resources also applies. Federal, HHS, and CMS policies and standards include but are not limited to: all pertinent National Institute of Standards and Technology publications; the HHS Information Systems Program Handbook and the CMS Information Security Handbook. RETENTION AND DISPOSAL: CMS will retain identifiable HPMS data for at least 10 years or as long as needed for program research. SYSTEM MANAGER(S) AND ADDRESS: Director, Division of Plan Data, Plan Oversight and Accountability Group, Center for Beneficiary Choices, Center for Medicare & Medicaid Services, 7500 Security Boulevard, C4-14-21, Baltimore, Maryland 21244-1850. NOTIFICATION PROCEDURE: For purpose of access, the subject individual should write to the system manager who will require the system name, HICN, address, date of birth, and gender, and for verification purposes, the subject individual's name (woman's maiden name, if applicable), and SSN. Furnishing the SSN is voluntary, but it may make searching for a record easier and prevent delay. RECORD ACCESS PROCEDURE: For purpose of access, use the same procedures outlined in Notification Procedures above. Requestors should also specify the record contents being sought. (These procedures are in accordance with department regulation 45 CFR 5b.5(a)(2)). CONTESTING RECORDS PROCEDURES: The subject individual should contact the system manager named above, and reasonably identify the records and specify the information to be contested. State the corrective action sought and the reasons for the correction with supporting justification. (These Procedures are in accordance with Department regulation 45 CFR 5b.7). RECORDS SOURCE CATEGORIES: The identifying information contained in these records is obtained from the health plan and Part D organizations (which obtained the data from the individual concerned) or the individuals themselves. Also, these data will be linked with CMS administrative data, such as claims and enrollment. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. [FR Doc. 08-72 Filed 1-11-08; 8:45 am]

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