Notices. Notice of availability

6,580 words·~30 min read·/register/2008/01/24/08-251

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

BILLING CODE 3410-11-M DEPARTMENT OF COMMERCE International Trade Administration [A-570-822] Helical Spring Lock Washers From the People's Republic of China: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (“the Department”) is conducting an administrative review of the antidumping duty order on helical spring lock washers (“HSLWs”) from the People's Republic of China (“PRC”) covering the period October 1, 2005, through September 30, 2006.

We invited interested parties to comment on our preliminary results. Based on our analysis of the comments received, we have made changes to our margin calculations. Therefore, the final results differ from the preliminary results. EFFECTIVE DATE: January 24, 2008. FOR FURTHER INFORMATION CONTACT: Marin Weaver or Charles Riggle, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:

(202)482-2336 or

(202)482-0650, respectively. Background On September 12, 2007, the Department of Commerce (“the Department”) published *Certain Helical Spring Lock Washers From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review,* 72 FR 52073 (“ *Preliminary Results* ”). The respondent in this case is Hangzhou Spring Washer Co., Ltd. (also known as Zhejiang Wanxin Group, Ltd.) (“HSW”). Shakeproof Assembly Components Division of Illinois Tool Works, Inc. (“Shakeproof”), the U.S. interested party, filed surrogate value information and data on April 19, 2007, August 3, 2007, and October 12, 2007. HSW filed surrogate value information and data on April 19, 2007, May 29, 2007, and July 24, 2007. We gave interested parties an opportunity to comment on the *Preliminary Results* . Shakeproof requested a one-month extension of the deadline for filing case and rebuttal briefs on September 28, 2007. On October 2, 2007, we granted a one-day extension of the deadline for filing case and rebuttal briefs. On October 16, 2007, HSW filed its case brief. Shakeproof submitted the final proprietary version of its brief on October 17, 2007. HSW submitted the final proprietary version of its rebuttal brief on October 23, 2007. Shakeproof did not submit a rebuttal brief. We have conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (“the Act”), and 19 CFR 351.213. Scope of the Order The products covered by the order are HSLWs of carbon steel, of carbon alloy steel, or of stainless steel, heat-treated or non-heat-treated, plated or non-plated, with ends that are off-line. HSLWs are designed to:

(1)Function as a spring to compensate for developed looseness between the component parts of a fastened assembly;

(2)distribute the load over a larger area for screws or bolts; and

(3)provide a hardened bearing surface. The scope does not include internal or external tooth washers, nor does it include spring lock washers made of other metals, such as copper. HSLWs subject to the order are currently classifiable under subheading 7318.21.0030 of the *Harmonized Tariff Schedule of the United States* (“HTSUS”). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. Analysis of Comments Received All issues raised in the post-preliminary comments by parties in this review are addressed in the memorandum from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, Issues and Decision Memorandum for the Final Results of Certain Helical Spring Lock Washers from the People's Republic of China (January 15, 2008) (“Issues and Decision Memorandum”), which is hereby adopted by this notice. A list of the issues that parties raised and to which we responded in the Issues and Decision Memorandum is attached to this notice as an appendix. The Issues and Decision Memorandum is a public document and is on file in the Central Records Unit (“CRU”) in room B-099 in the main Commerce Department building, and is also accessible on the Web at *http://ia.ita.doc.gov/frn.* The paper copy and electronic version of the memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of comments received, we have made changes in the margin calculations for HSW. *See* Issues and Decision Memorandum at Comments 1-3 and Comment 6. We revised the calculation of the adverse facts available rate we have applied to packing usage rates for sales we did not verify. Specifically, we calculated a simple average exclusive of sales for which HSW over-stated that actual packing material usage, and used this rate to inflate the packing usage rates of all the sales that were not verified. *See* Comment 1. We changed our surrogate value for steel wire rod (“SWR”) and are using Indian imports from Harmonized Tariff Schedule (“HTS”) numbers 7213.91 and 7213.99 to value SWR for the final results. We will weight-average HTS numbers 7213.91 and 7213.99 based on the March 2006 inventory-out quantities obtained at verification. *See* Comment 2. We have included Indian imports from Germany in our SWR surrogate value calculation. We have excluded Indian imports from South Africa and Brazil in our SWR surrogate value calculation. *See* Comment 3. We have excluded imports from North Korea and Belgium stainless SWR surrogate value calculation. *See* Comment 3. We have revised our calculations of Suchi's financial ratios in two ways. First, we have not included octroi, insurance, and freight forwarding expenses in the calculations of Suchi's financial ratios. Second, we have excluded traded goods from the overhead ratio, but included traded goods in the SG&A and profit ratios. *See* Comment 6. Final Results of Review We determined that the following dumping margin exists for the period October 1, 2005, through September 30, 2006: Exporter/manufacturer Weighted- average margin percentage Hangzhou Spring Washer Co., Ltd. (also known as Zhejiang Wanxin Group, Ltd.) 0.00 Assessment Rates The Department intends to issue assessment instructions to U.S. Customs and Border Protection (“CBP”) 15 days after the date of publication of these final results of review. In accordance with 19 CFR 351.212(b)(1), we have calculated importer-specific assessment rates for merchandise subject to this review. Cash Deposit Requirements The following deposit requirements will be effective upon publication of this notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act:

(1)For subject merchandise exported by HSW, the cash deposit rate will be zero;

(2)for previously reviewed or investigated PRC and non-PRC exporters not listed above that have separate rates, the cash-deposit rate will continue to be the exporter-specific rate published for the most recent period;

(3)for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash-deposit rate will continue to be the PRC-wide rate of 128.63 percent; and

(4)for all non-PRC exporters of subject merchandise that have not received their own rate, the cash-deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements shall remain in effect until further notice. Notification of Interested Parties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders (“APOs”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation that is subject to sanction. We are issuing and publishing this determination and notice in accordance with sections 751(a) and 777(i) of the Act. Dated: January 15, 2008. David M. Spooner, Assistant Secretary for Import Administration. Appendix—List of Comments and Issues in the Issues and Decision Memorandum Comment 1: Appropriate Adverse Facts Available Comment 2: Surrogate Value for Steel Wire Rod: Source Comment 3: Surrogate Value for Steel Wire Rod: Adjustments to Calculation Comment 4: Surrogate Value for Hydrochloric Acid Comment 5: Surrogate Financial Statements: Source Comment 6: Surrogate Financial Statements: Adjustments to Calculation Comment 7: Whether To Adjust Overhead Ratio for Environmental Compliance [FR Doc. E8-1228 Filed 1-23-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE29 Endangered and Threatened Species; Recovery Plans; Final Recovery Plan for Southern Resident Killer Whales AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability. SUMMARY: We, the National Marine Fisheries Service (NMFS), announce the adoption of our final Endangered Species Act

(ESA)Recovery Plan for the Southern Resident killer whale DPS ( *Orcinus orca* ). The Final Recovery Plan for Southern Resident Killer Whales (Final Recovery Plan) and the NMFS summary of and responses to public comments are now available. ADDRESSES: The Recovery Plan, public comment summary and responses, and other supporting documents are available on-line on the NMFS web site *www.nwr.noaa.gov* . Copies of the Plan may be reviewed and/or copied at NMFS, Protected Resources Division, 7600 Sand Point Way NE, Seattle, WA, 98115. FOR FURTHER INFORMATION CONTACT: Lynne Barre, NOAA/NMFS, Northwest Region,

(206)526-4745. SUPPLEMENTARY INFORMATION: The Endangered Species Act

(ESA)of 1973, as amended (15 U.S.C. 1531 *et seq.* ) requires that NMFS develop and implement recovery plans for the conservation and survival of threatened and endangered species under its jurisdiction, unless it is determined that such plans would not result in the conservation of the species. NMFSWe announced the endangered listing of the Southern Resident killer whale distinct population segment

(DPS)on November 18, 2005 (70 FR 69903). Prior to the ESA listing, NMFS designated the Southern Resident killer whale population as a depleted stock under the Marine Mammal Protection Act (MMPA; 16 U.S.C. 1361 *et seq.* ) on May 29, 2003 (68 FR 31980). At the time of the designation, we announced our intention to develop a conservation plan. We held a series of public meetings and technical workshops to gather input from Federal government agency representatives, state and tribal co-managers, Canadian officials, orca advocacy groups, non-governmental organizations, researchers, whale watch industry and concerned citizens. We circulated a preliminary draft conservation plan for public review on March 14, 2005. We received comments on the preliminary draft, and made revisions in response to the comments. We subsequently published a Notice of Availability of a Proposed Conservation Plan for Southern Resident Killer Whales in the **Federal Register** on October 3, 2005 (70 FR 57565) opening a public comment period. We received comments on the proposed conservation plan. Before the conservation plan was finalized, we listed the Southern Resident DPS as an endangered species. In developing a proposed recovery plan for the whales, we addressed the comments we had received on the proposed conservation plan and incorporated ESA elements into the plan, including discussions of the ESA section 4(a)(1) listing factors, critical habitat, section 7, and ESA recovery criteria. We published a Notice of Availability of the Proposed Recovery Plan for Southern Resident Killer Whales in the **Federal Register** on November 29, 2006 (71 FR 69101) opening another public comment period. We received 50 comment letters by mail, fax or e-mail and prepared a summary of the comments and provided information on our responses, including descriptions of edits made to the Final Recovery Plan to incorporate the comments. We also included new information, research results, and references that have become available since the proposed recovery plan was released. The Final Recovery Plan The ESA requires that recovery plans incorporate

(1)objective, measurable criteria which, when met, would result in a determination that the species is no longer threatened or endangered;

(2)site-specific management actions necessary to achieve the plan's goals; and

(3)estimates of time required and costs to implement recovery actions. NMFS's goal is to restore the endangered Southern Resident DPS killer whales to the point where they are again secure, self-sustaining members of their ecosystems and no longer need the protections of the ESA. The Final Recovery Plan provides background on the natural history of killer whales, population trends and the potential threats to their viability. The Plan lays out a recovery strategy to address the potential threats based on the best available science and includes recovery goals and criteria. The Plan is not regulatory, but presents guidance for use by agencies and interested parties to assist in the recovery of Southern Resident killer whales. The Plan identifies substantive actions needed to achieve recovery by addressing the threats to the species. The strategy for recovery includes linking management actions to an active research program to fill data gaps, and monitor activities to assess effectiveness. The Plan incorporates an adaptive management framework by which management actions and other elements will evolve and adapt as we gain information through research and monitoring and it describes the agency guidance on time lines for reviews of the status of species and recovery plans. To address threats related to prey availability and contaminants, the Plan references many of the significant efforts already underway to restore salmon runs and clean up Puget Sound, such as the Shared Strategy Puget Sound Salmon Recovery Plan and the Puget Sound Partnership. We expect the Final Recovery Plan to help us and other Federal agencies take a consistent approach to section 7 consultations under the ESA and to other ESA decisions. For example, the plan will provide information on the biological context for the effects that a proposed action may have on the listed DPS. The best available information in the plan on the natural history, threats, and potential limiting factors, and priorities for recovery can be used to help assess risks. Consistent with the adoption of this Final Recovery Plan for Southern Resident killer whales, we will implement actions in the plan for which we have authority, work cooperatively on implementation of other actions, and encourage other Federal and state agencies to implement recovery actions for which they have responsibility and authority. Recovery of Southern Resident killer whales is a long-term effort and will require cooperation and coordination of Federal, state, tribal and local government agencies, and the community. We conclude that the Final Recovery Plan meets the requirements of the ESA section 4(f) and are thus adopting it as the Final Recovery Plan for Southern Resident killer whales. Authority: 16 U.S.C. 1531 *et seq.* Dated: January 17, 2008. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E8-1206 Filed 1-23-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration DEPARTMENT OF THE INTERIOR Fish and Wildlife Service RIN 0648-XE30 Notice of Intent to Conduct Public Scoping and Prepare an Environmental Impact Report/Environmental Impact Statement (EIR/EIS) Regarding the Bay Delta Conservation Plan

(BDCP)for the Sacramento-San Joaquin Delta, California AGENCIES: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce; Fish and Wildlife Service (FWS), Interior. ACTION: Notice of intent. SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), and the California Environmental Policy Act

(CEQA)we, NMFS and FWS (Services), advise the public of our intent to collaborate with the State of California in gathering information necessary to prepare a joint Environmental Impact Report/Environmental Impact Statement (EIR/EIS) on the anticipated Bay Delta Conservation Plan (BDCP). The BDCP is being prepared through a unique collaboration of state, Federal and local agencies, of the Federal Endangered Species Act of 1973, as amended (Act). The California Department of Water Resources

(DWR)intends to apply for Incidental Take Permits

(ITP)from the Services based upon the BDCP in 2009 according to the planning schedule. At the same time, the Services would provide Biological Opinions and Incidental Take Statements

(ITS)to the Bureau of Reclamation (Reclamation) for their participation and implementation of the BDCP. A goal of the BDCP is to meet the requirements of the California Natural Community Conservation Planning Act (NCCPA), California Fish and Game (CDFG), and provide the basis for DWR to apply for an ITP pursuant to CDFG Code. However, in the event that the BDCP does not meet the requirements of the NCCPA, DWR may alternatively seek an ITP under Section 2081 of the California Endangered Species Act, California Fish and Game Code 2050 *et seq.* These incidental take authorizations would allow the incidental take of threatened and endangered species resulting from certain covered activities that will be identified through the planning process, including those associated with water operations of the California State Water Project, as operated by DWR, and the Central Valley Project, as operated by Reclamation. ADDRESSES: Comments and requests for information related to the preparation of the EIR/EIS should be sent to National Marine Fisheries Service, Attn: Rosalie del Rosario, 650 Capitol Mall, Suite 8-300, Sacramento, California 95819; or Fish and Wildlife Service, Attn: Lori Rinek, Chief, Conservation Planning and Recovery Division, Sacramento Fish and Wildlife Office, 2800 Cottage Way, W-2605, Sacramento, California 95825. Comments may also be submitted electronically to *BDCP-NEPA.SWR@noaa.gov* . Comments and materials received will be available for public inspection, by appointment, during normal business hours at the above address. FOR FURTHER INFORMATION CONTACT: Rosalie del Rosario of NMFS at 916-930-3600 or Lori Rinek of FWS at 916-414-6600. SUPPLEMENTARY INFORMATION: Proposed Action The California Department of Water Resources

(DWR)intends to apply for Incidental Take Permits

(ITP)from the Services based upon the BDCP in 2009 according to the planning schedule. Other applicants, co-applicants, or beneficiaries of an ITP, referred to as Potentially Regulated Entities, will be identified during this planning process. At the same time, the Services would issue Biological Opinions and Incidental Take Statements

(ITS)to Reclamation for its participation and implementation of the BDCP. These Incidental Take Statements would allow for the incidental take of threatened and endangered species resulting from certain covered activities that will be identified through the planning process and are associated with water operations of the California State Water Project, as operated by DWR, and the Central Valley Project, as operated by Reclamation. The Services provide this notice to

(1)briefly describe the anticipated proposed action and the BDCP planning activities now underway to help develop that proposed action;

(2)advise other Federal and State agencies, affected Tribes, and the public of our intention to continue to gather information to support the preparation of an EIR/EIS;

(3)announce the initiation of early public scoping; and

(4)obtain suggestions and information on the scope of issues to be included in the EIR/EIS. Written comments should be received on or before March 24, 2008. The applicants have identified four potential water conveyance options that are being considered for the habitat conservation planning process:

(1)the existing conveyance and system without physical change to conveyance facilities,

(2)changes to conveyance in San Joaquin Old and Middle River channels plus separation of San Joaquin corridor from through-delta conveyance,

(3)a dual conveyance in which existing conveyance would still be operational plus an isolated facility (not yet constructed) from the Sacramento River to the south Delta, and

(4)an isolated conveyance facility (not yet constructed) from the Sacramento River to the south Delta. These four options are undergoing evaluations through the BDCP Steering Committee to assess the relative ability of each to contribute to the goals and objectives of the planning effort. Although the applicant has not yet decided which option(s) will be submitted for consideration under section 10 of the Endangered Species Act, the intent is to narrow the project focus to one or two of the four options or a mixture thereof by fall 2007. Additional to the conveyance elements of the State Water Project

(SWP)and Central Valley Project

(CVP)options given above, covered activities may include, but are not necessarily limited to, existing or new activities related to: 1. Operational activities, including emergency preparedness, of the SWP and CVP 2. Operational activities related to water transfers involving Water Contractors or to serve environmental programs 3. Maintenance of the SWP, CVP and other Potentially Regulated Entities' facilities 4. Facility improvements of the SWP and CVP 5. Ongoing operation of and recurrent and future projects related to other Delta Water Users 6. Projects designed to improve salinity conditions 7. Conservation measures included in the BDCP, including, but not limited to adaptive habitat management, restoration, enhancement and monitoring activities. Please refer to the Planning Agreement, para. 7.5, available at http://resources.ca.gov/bdcp/. The BDCP Planning Agreement was reached in October 2006 and was amended April 2007, to guide the BDCP process. Planning Process DWR and Reclamation, along with the Metropolitan Water District of Southern California, Kern County Water Agency, Santa Clara Valley Water District, Zone 7 Water Agency, San Luis & Delta-Mendota Water Authority, Westlands Water District, Contra Costa Water District, and Mirant Delta (known collectively as the “Potentially Regulated Entities” or PREs) are preparing the BDCP for their covered activities within the Geographic Scope described below. It is the goal of the PREs that the BDCP will

(1)satisfy the requirements of Section 10(a)(1)(B) of the Act for non-Federal PREs and result in the issuance of ITPs from the Services to certain of the PREs,

(2)be used in a concurrent consultation with other Federal agencies pursuant to Section 7 of the Act, resulting in the issuance of Biological Opinions, including ITSs, from the Services to certain of the PREs,

(3)satisfy the requirements for an ITP under the California fish and wildlife protection laws, either pursuant to the Natural Community Conservation Plan Act (NCCPA), Section 2835 of the Fish and Game Code or Section 2081 of the Fish and Game Code. The planning efforts for the BDCP are in its preliminary stages. Formal preparation of a draft EIR/EIS will commence when the planning efforts described below progress further in the coming months. The BDCP is being prepared with the cooperation of the Services, the California Resources Agency, CDFG, the California Bay Delta Authority, the PRE's as listed above, and key Non-Government Organizations including The Nature Conservancy, Environmental Defense, Defenders of Wildlife, Natural Heritage Institute, The Bay Institute, American Rivers, and the California Farm Bureau Federation. All of these agencies and organizations are members of a Steering Committee that will guide the preparation of the BDCP. The Services are participating in the Steering Committee's efforts on an ex officio basis, providing technical input and guidance in support of the Steering Committee's efforts. The participants are undertaking these planning efforts pursuant to the Planning Agreement. A document from the BDCP Steering Committee titled “The Bay Delta Conservation Plan: Points of Agreement for Continuing into the Planning Process,” dated November 16, 2007, provides a summary of the planning process to date along with future direction and procedures. Through this document, the Steering Committee points to agreement on an approach to be evaluated for achieving the conservation and water supply goals. The primary new structural features of the water conveyance system to be evaluated are a new diversion point (or points) for water from the Sacramento River in the north Delta and an isolated water conveyance facility around the Delta. Modifications to existing south Delta facilities to reduce entrainment and otherwise improve the State Water Project's

(SWP)and Central Valley Project's

(CVP)ability to convey water through the Delta while contributing to near- and long-term conservation and water supply goals will also be evaluated. Members of the public interested in participating in the BDCP process directly or interested in having access to information associated with the effort are encouraged to visit the Bay Delta Conservation Plan component of the California Resources Agency's website: *http://resources.ca.gov/bdcp/* . This website provides open access to comprehensive documentation of the planning process, and a detailed schedule of past and future planning activities. The following describes preliminary information identified by the Steering Committee for consideration in the BDCP development. Geographic Scope The planning area for the BDCP will consist of the aquatic ecosystems and natural communities, and potentially adjacent riparian and floodplain natural communities, within the Statutory Delta (California Water Code Section 12220), which includes parts of Yolo, Solano, Contra Costa, San Joaquin, and Sacramento Counties. However, it may be necessary for the BDCP to include conservation actions outside the Statutory Delta that advance the goals and objectives of the BDCP, including as appropriate, conservation actions in the Suisun Marsh, Suisun Bay, and areas upstream of the Delta. Any conservation actions taken outside the Statutory Delta would be implemented pursuant to cooperative agreements or similar mechanisms with local agencies, interested non-governmental organizations, landowners, and others. See Planning Agreement, para. 5. Covered Species Species that are intended to be the initial focus of the BDCP include aquatic species such as: Central Valley steelhead ( *Oncorhynchus mykiss* ), Central Valley Chinook salmon ( *Oncorhynchus tshawytscha* ) (spring run and fall/late-fall runs), Sacramento River Chinook salmon (winter run), Delta smelt ( *Hypomesus transpacificus* ), green sturgeon ( *Acipenser medirostris* ), white sturgeon ( *Acipenser transmontanus* ), splittail ( *Pogonichthys macrolepidotus* ), longfin smelt ( *Spirinchus thaleichthys* ). Other species that will be considered for inclusion in the BDCP include Swainson's hawk ( *Buteo swainsoni* ), bank swallow ( *Riparia riparia* ), giant garter snake ( *Thamnophis gigas* ), and valley elderberry longhorn beetle ( *Desmocerus californicus dimorphus* ). See Planning Agreement, para. 6.1.1. This list identifies the species that will be evaluated for inclusion in the BDCP as proposed covered species, but the list may vary or change as the planning process progresses. The participants anticipate that species may be added or removed from the list once more is learned about the nature of the covered activities and the impact of covered activities on native species within the planning area. Planning Goals The BDCP will include goals and objectives for the management of Covered Activities and conservation of Covered Species. As proposed in the Planning Agreement (para.3), the planning goals include: 1. Provide for the conservation and management of covered species within the planning area; 2. Preserve, restore and enhance aquatic, riparian and associated terrestrial natural communities and ecosystems that support covered species within the planning area through conservation partnerships; 3. Allow for projects that restore and protect water supply, water quality, ecosystem, and ecosystem health to proceed within a stable regulatory framework; 4. Provide a means to implement covered activities in a manner that complies with applicable State and federal fish and wildlife protection laws, including the Natural Communities Conservation Planning Act or the California Endangered Species Act, the Federal Endangered Species Act, and other environmental laws, including CEQA and NEPA; 5. Provide a basis for permits necessary to lawfully take covered species; 6. Provide a comprehensive means to coordinate and standardize mitigation and compensation requirements for covered activities within the planning area; 7. Provide a less costly, more efficient project review process which results in greater conservation values than project-by-project, species-by-species review; and 8. Provide clear expectations and regulatory assurances regarding covered activities occurring within the planning area. Statutory Authority Section 9 of the Act (16 U.S.C. 1538) and implementing regulations (50 CFR 17.21, and 17.31(a)) prohibit the “taking or animal species listed as endangered or threatened. The term “take” is defined under the Act to mean harass, harm, pursue, hunt, shoot, wound kill, trap, capture or collect, or attempt to engage in any such conduct (16 U.S.C. 1532 (10)). “Harm” is defined by FWS regulation to include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding and sheltering (50 CFR 17.3). NMFS' definition of harm includes significant habitat modification of degradation where it actually kills or injures fish or wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, spawning, migrating, rearing and sheltering (64 FR 60727, November 8, 1999). Section 7 of the Act outlines the procedures for federal interagency cooperation to conserve federally listed species and designated critical habitats (U.S.C. 1531 *et seq.* ) Section 7(a)(1) of the Act directs the Secretaries of Interior and Commerce (Secretaries) to review other programs administered by them and utilize such programs to further the purposes of the Act. It also directs all other Federal agencies to utilize their authorities in furtherance of the purposes of the Act by carrying out programs for the conservation of species listed pursuant to the Act. Section 7(a)(2) states that each Federal agency shall, in consultation with the Secretaries, insure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of designated critical habitat. Sections 7(b)(4) and 7(o)(2) of the Act allow for taking of listed species that is incidental and not an intended part of a Federal action if such taking is in compliance with the terms and conditions of an incidental take statement provided by the Services. Section 10 of the Act and implementing regulations provide for the issuance of incidental take permits

(ITPs)to non-federal applicants to authorize incidental take of endangered and threatened species (16 U.S.C. 1539(a); 50 CFR 17.22, and 17.32(b)). Any proposed take must be incidental to an otherwise lawful activity, must not appreciably reduce the likelihood of the survival and recovery of the species in the wild, and must be minimized and mitigated to the maximum extent practicable. In addition, an applicant must prepare a Habitat Conservation Plan

(HCP)describing the impact that will likely result from such taking, a plan for minimizing and mitigating the impacts of such incidental take, the funding available to implement the plan, alternatives to such taking, and the reasons such alternatives are not being implemented. NEPA (42 U.S.C. 4321 *et seq.* ) requires that Federal agencies conduct an environmental analysis of their proposed actions to determine if the actions may significantly affect the human environment. Under NEPA and its implementing regulations (40 CFR 1500 *et seq.* ; NOAA Administrative Order 216-6; 40 CFR parts 1500-1508), a reasonable range of alternatives to the proposed action are developed and considered in the Services' EIR/EIS. Alternatives considered for analysis in an EIR/EIS may include: variations in the scope or types of covered activities; variations in the location, amount and types of conservation measures, timing of project activities; variations in permit duration; or a combination of these or other elements. In addition, an EIR/EIS will identify potentially significant direct, indirect, and cumulative effects, and possible mitigation for those significant effects, on biological resources, land use, air quality, water quality, water resources, socioeconomics, environmental justice, cultural resources, and other environmental issues that could occur with the implementation of the proposed action and alternatives. Schedule The schedule for this EIR/EIS depends upon the development of the draft BDCP, which is expected to occur by early 2009. We will publish additional notices about the proposed action and public participation once the elements of the comprehensive plan are developed. Request for Comments Environmental review of the EIR/EIS will be conducted in accordance with the requirements of NEPA (42 U.S.C. 4321 *et seq.* ), its implementing regulations (40 CFR parts 1500-1508), other applicable regulations, and the Services' procedures for compliance with those regulations; and according to the requirements of CEQA (California Public Resources Code Section 21000 et. seq) and the State CEQA Guidelines (14 California Code of Regulations 15000 *et seq.* ). This notice is being furnished in accordance with 40 CFR 1501.7, and 1508.22 to obtain suggestions and information from other agencies and the public on the scope of issues and alternatives that will be addressed in the EIR/EIS. The primary purpose of the scoping process is to identify important issues raised by the public related to the issuance of ITPs for the BDCP. Written comments from interested parties are invited to ensure that the full range of issues related to the development of the BDCP and issuance of the ITPs are identified. Comments during this stage of the scoping process will only be accepted in written form. All comments received, including names and addresses, will become part of the official administrative record and may be made available to the public. Our practice is to make comments, including names, home addresses, home phone numbers, and email addresses of respondents, available for public review. Individual respondents may request that we withhold their names and /or homes addresses, etc., but if you wish us to consider withholding this information you must state this prominently at the beginning of your comments. In addition, you must present a rationale for withholding this information. This rationale must demonstrate that disclosure would constitute a clearly unwarranted invasion of privacy. Unsupported assertions will not meet this burden. In the absence of exceptional, documentable circumstances, this information will be released. We will always make submissions from organizations or businesses, and from individuals identifying themselves as representatives of or officials of organizations or businesses, available for public inspection in their entirety. Reasonable Accommodation Information regarding this proposed action is available in alternative formats upon request. Dated: January 15, 2008. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. Dated: January 15, 2008. Dale Morris, Acting Deputy Regional Director, U.S. Fish and Wildlife Service, Region 8, Sacramento, CA. [FR Doc. E8-1219 Filed 1-23-08; 8:45 am] BILLING CODE 3510-S; 4310-55-S DEPARTMENT OF COMMERCE National Telecommunications and Information Administration The Continued Transition of the Technical Coordination and Management of the Internet Domain Name and Addressing System: Midterm Review of the Joint Project Agreement AGENCY: National Telecommunications and Information Administration, U.S. Department of Commerce ACTION: Notice of Public Meeting SUMMARY: The National Telecommunications and Information Administration (NTIA), U.S.Department of Commerce (Department), will hold a public meeting on February 28, 2008, to discuss the mid-term review of the Joint Project Agreement

(JPA)between the Department and the Internet Corporation for Assigned Names and Numbers (ICANN). DATES: The meeting will be held on February 28, 2008, from 9:00 a.m. to 12:00 p.m., Eastern Standard Time. Registration will start at 8:30 a.m. ADDRESSES: The meeting will be held in the Auditorium at the U.S. Department of Commerce, 1401 Constitution Avenue, N.W., Washington, D.C. (Please enter at the main entrance on 14th Street). The handicapped accessible entrance is located at the 14th Street Aquarium Entrance. FOR FURTHER INFORMATION CONTACT: For further information regarding the meeting, contact Ashley Heineman, Telecommunications Policy Specialist, at

(202)482-0298 or aheineman@ntia.doc.gov. SUPPLEMENTARY INFORMATION: NTIA and ICANN entered into the JPA on September 29, 2006. (The text of the agreement is available on NTIA's website at http://www.ntia.doc.gov/ntiahome/domainname/agreements/jpa/ICANNJPA_09292006.doc.) The JPA provides for the Department to conduct a midterm review of progress achieved on each ICANN activity and responsibility contained in the JPA and envisions consultation with interested stakeholders. To that end, on November 2, 2007, NTIA published a Notice of Inquiry

(NOI)seeking comments on ICANN's progress towards achieving the responsibilities identified in the JPA. 72 Fed. Reg. 62220 (Nov. 2, 2007). (The text of the NOI is available on NTIA's website at http://www.ntia.doc.gov/ntiahome/domainname/jpamidtermreview.html.) On February 28, 2008, NTIA will hold a public meeting to discuss comments received in response to the NOI and other stakeholder views and to facilitate further public discussion on the progress ICANN has made in fulfilling its responsibilities contained in the JPA. The agenda for the public meeting will be posted on NTIA's website at least one week prior to the meeting. This meeting will be webcast. The agenda and webcast information will be available on NTIA's website at http://www.ntia.doc.gov/ntiahome/domainname/jpamidtermreview.html. The meeting will be open to members of the public on a first-come, first-served basis. The meeting will be physically accessible to people with disabilities. Individuals requiring special services, such as sign language interpretation or other ancillary aids, should communicate their needs to Ashley Heineman at least two

(2)days prior to the meeting. Due to security requirements and to facilitate entry to the Department of Commerce building, anyone wishing to attend must contact Ashley Heineman at

(202)482-0298 or aheineman@ntia.doc.gov at least five

(5)days prior to the meeting in order to provide the necessary clearance information. Attendees should arrive at least one-half hour prior to the start of the meeting and must present a valid passport or other photo identification up their arrival. Members of the public will have an opportunity to ask questions at the meeting. Dated: January 18, 2008. Kathy D. Smith, Chief Counsel, National Telecommunications and Information Administration. [FR Doc. E8-1180 Filed 1-23-08; 8:45 am] BILLING CODE 3510-60-S DEPARTMENT OF COMMERCE United States Patent and Trademark Office [Docket No. PTO-C-2008-0001] National Medal of Technology and Innovation Call for 2008 Nominations AGENCY: United States Patent and Trademark Office. ACTION: Notice and request for nominations. SUMMARY: The Department of Commerce (United States Patent and Trademark Office) is accepting nominations for its National Medal of Technology and Innovation

(NMTI)program. Since establishment by Congress in 1980, the President of the United States has awarded the National Medal of Technology and Innovation (formerly known as the National Medal of Technology) annually to our Nation's leading innovators. If you know of a candidate who has made an outstanding, lasting contribution to the economy through the promotion of technology or technological manpower, you may obtain a nomination form from: *http://www.uspto.gov/nmti.* *Eligibilty and Criteria:* Information on eligibility and nomination criteria is provided on the Nominations Guidelines Form at *http://www.uspto.gov/nmti.* DATES: The deadline for submission of an application is May 30, 2008. ADDRESSES: The NMTI Nomination form for year 2008 may be obtained by visiting the Web site at *http://www.uspto.gov/nmti.* Nomination applications should be submitted to Jennifer Lo, Program Manager, National Medal of Technology and Innovation Program, by electronic mail to: *NMTI@uspto.gov* or by mail to: Jennifer Lo, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22323-1450. FOR FURTHER INFORMATION CONTACT: Jennifer Lo, Program Manager, National Medal of Technology and Innovation Program, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450, telephone

(571)272-7640, or electronic mail: *nmti@uspto.gov.* SUPPLEMENTARY INFORMATION: Enacted by Congress in 1980, the Medal of Technology was first awarded in 1985. On August 9, 2007, the President signed the America COMPETES (Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science) Act of 2007. The Act amended Section 16 of the Stevenson-Wydler Technology Innovation Act of 1980, changing the name of the Medal to the “National Medal of Technology and Innovation.” The Medal is the highest honor awarded by the President of the United States to America's leading innovators in the field of technology, and is given annually to individuals, teams, or companies who have made outstanding contributions to the promotion of technology or technological manpower for the improvement of the economic, environmental or social well-being of the United States. The primary purpose of the National Medal of Technology and Innovation is to recognize American innovators whose vision, creativity, and brilliance in moving ideas to market has had a profound and lasting impact on our economy and way of life. The Medal highlights the national importance of fostering technological innovation based upon solid science, resulting in commercially successful products and services. Dated: January 16, 2008. Jon W. Dudas, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 08-251 Filed 1-23-08; 8:45am]

Connectionstraces to 11

Traces to 11 documents

CFR

U.S. Code