Notices. Notice to amend a system of records
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/register/2008/01/28/08-324A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [USA-2008-0003] Privacy Act of 1974; System of Records AGENCY: Department of the Army. ACTION: Notice to amend a system of records. SUMMARY: The Department of the Army is amending a system of records notices 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 27, 2008 unless comments are received which result in a contrary determination.
ADDRESSES: Department of the Army, Freedom of Information/Privacy Division, U.S. Army Records Management and Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905. FOR FURTHER INFORMATION CONTACT: Mr. Robert Dickerson at
(703)428-6513. SUPPLEMENTARY INFORMATION: The Department of Army 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 systems 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 22, 2008. L.M. Bynum, Alternative OSD Federal Register Liaison Officer, Department of Defense. A0715-9 DCS, G-4 System name: Support Personnel Deployment Records (September 28, 2005, 70 FR 56646). Changes: System location Add third paragraph “Archive location: Naval Postgraduate School Computer Center, Naval Postgraduate School, Monterey, CA 93943-5000.” Retention and disposal: Delete entry and replace with “Permanent. Keep until individual's deployment is terminated and then retire to the Army Electronic Archives (AEA). The AEA will transfer to the National Archives when the record is 25 years old.” A0715-9 DCS, G-4 System name: Support Personnel Deployment Records. System location: Primary location: The Army Knowledge office, 10125 Beach Road, Fort Belvoir, VA 22060-5801 Secondary location Major Army commands, field operating agencies, installations and activities Army-wide. Official mailing addresses are published as an appendix to the Army's compilation of systems of records notices. Archive location: Naval Postgraduate School Computer Center, Naval Postgraduate School, Monterey, CA 93943-5000. Categories of individuals covered by the system: Military and civilian employees and contractors who are supporting ongoing contingency operations for active military missions. Categories of records in the system: Records include a profile containing: full name of the individual; social security number(SSN); home, office, and deployed telephone numbers; home address and deployed address; home, office, and deployed e-mail addresses; emergency contact name and telephone numbers; contract number and contractor organization name, along with employer's contact name, address, and telephone number; next of kin name, phone and address; air travel itineraries and movements in theater of operations; copies of passport and/or visa and common access or identification card; photograph; trip information (e.g., destinations, reservation information); travel authorization information (e.g., Government orders or letters of authorization); trip dates; deployment processing information including training completed certifications, medical and dental screenings, blood type; and other official deployment-related information. Authority for maintenance of the system: Public Law 108-375, Section 1205 and 1206; 10 U.S.C. 3013, Secretary of the Army; AR 715-9, Army Contractor Accompanying The Force; Field Manuel 3-100.21, Contactor on the Battlefield; and E.O. 9397 (SSN). Purpose(s): To plan and manage support personnel who deploy in support of ongoing contingency operations for active military missions; to conduct statistical studies for assisting in the management and accountability of support services. 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” set forth at the beginning of the Army's compilation of systems of records notices also apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Electronic storage media. Retrievability: Name and Social Security Number (SSN). Safeguards: Computerized records are maintained in a controlled area accessible only to authorized personnel. Entry to these areas is restricted to those personnel with a valid requirement and authorization to enter. Physical entry is restricted by the use of locks, guards, and administrative procedures. Access to any specific record is based on the need-to-know and the specific level of authorization granted to the user. Physical and electronic access is restricted to designated individuals having a need-to-know in the performance of official duties. Access to personal information is further restricted by the use of the Army Knowledge Online database
(AKO)single sign-on and password authorization. Retention and disposal: Permanent. Keep until individual's deployment is terminated and then retire to the Army Electronic Archives (AEA). The AEA will transfer to the National Archives when the record is 25 years old. System manager(s) and address: Commander, Communication-Electronics Life Cycle Management Command, ATTN: CE-LCMC SPO, Fort Monmouth, NJ 07703-5000. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the appropriate administrative office of their employing agency. For verification purposes, individual should provide full name, SSN, sufficient details to permit locating pertinent records, and signature. Records Access Procedure: Individuals seeking access to information about themselves contained in this system should address written inquiries to the appropriate administrative office of their employing agency. For verification purposes, individual should provide full name, SSN, sufficient details to permit locating pertinent records, and signature. Contesting Records Procedures: The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager. Record Source Categories: Individuals, their employers, travel documentation, and service providers. Exemptions claimed for the system: None. [FR Doc. E8-1391 Filed 1-25-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy Notice of Partially Closed Meeting of the U.S. Naval Academy Board of Visitors AGENCY: Department of the Navy, DoD. ACTION: Notice. SUMMARY: The U.S. Naval Academy Board of Visitors will meet to make such inquiry, as the Board shall deem necessary into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, and academic methods of the Naval Academy. The meeting will include discussions of personnel issues at the Naval Academy, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. The executive session of this meeting will be closed to the public. DATES: The open session of the meeting will be held on Monday, March 3, 2008, from 8 a.m. to 10:45 a.m. The closed Executive Session will be held from 10:45 a.m. to 12 p.m. ADDRESSES: The meeting will be held at the U.S. Naval Academy, Alumni Hall, Decatur Road, Annapolis, MD 21402-5000. FOR FURTHER INFORMATION CONTACT: Lieutenant Andrew B. Koy, USN, Executive Secretary to the Board of Visitors, Office of the Superintendent, U.S. Naval Academy, Annapolis, MD 21402-5000, tel: 410-293-1503. SUPPLEMENTARY INFORMATION: This notice is provided per the Federal Advisory Committee Act (5 U.S.C. App. 2). The executive session of the meeting will consist of discussions of personnel issues at the Naval Academy and internal Board of Visitors matters. The proposed closed session from 10:45 a.m. to 12 p.m. will include a discussion of new and pending courts-martial and state criminal proceedings involving the Midshipmen attending the Naval Academy to include an update on the pending/ongoing sexual assault cases, rape cases, etc. The proposed closed session from 10:45 a.m. to 12 p.m. will include a discussion of new and pending administrative/minor disciplinary infractions and nonjudicial punishments involving the Midshipmen attending the Naval Academy to include but not limited to individual honor/conduct violations within the Brigade. Discussion of such information cannot be adequately segregated from other topics, which precludes opening the executive session of this meeting to the public. Accordingly, the Secretary of the Navy has determined in writing that the meeting shall be partially closed to the public because it will be concerned with matters listed in 5 U.S.C. 552b(c)(5), (6), and (7). Dated: January 18, 2008. T.M. Cruz, Lieutenant, Office of the Judge Advocate General, U.S. Navy, Federal Register Liaison Officer. [FR Doc. E8-1388 Filed 1-25-08; 8:45 am] BILLING CODE 3810-FF-P DEPARTMENT OF EDUCATION President's Board of Advisors on Tribal Colleges and Universities AGENCY: President's Board of Advisors on Tribal Colleges and Universities, Department of Education. ACTION: Notice of an open meeting. SUMMARY: This notice sets forth the schedule and proposed agenda of the upcoming meeting of the President's Board of Advisors on Tribal Colleges and Universities. The notice also describes the functions of the Board. Notice of this meeting is required by section 10(a)(2) of the Federal Advisory Committee Act and is intended to notify the public of its opportunity to attend. *Dates and Times:* Monday, February 11, 2008, 1 p.m.-4:30 p.m.; Tuesday, February 12, 2008 9 a.m.-1:45 p.m. ADDRESSES: The Board will meet at The Madison, Washington, DC, 1177 15th Street, NW., phone:
(202)862-1600. FOR FURTHER INFORMATION CONTACT: Deborah Cavett, Executive Director, White House Initiative on Tribal Colleges and Universities, 1990 K Street, NW., Room 7014, Washington, DC 20006; telephone:
(202)219-7040; fax: 202-219-7086. Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FRS)at 1-800-877-8339. SUPPLEMENTARY INFORMATION: The President's Board of Advisors on Tribal Colleges and Universities was established under Executive Order 13270, dated July 2, 2002, and Executive Order 13446 dated September 28, 2007. The Board was established
(a)to report to the President annually on the results of the participation of tribal colleges and universities
(TCUs)in Federal programs, including recommendations on how to increase the private sector role, including the role of private foundations, in strengthening these institutions, with particular emphasis also given to enhancing institutional planning and development, strengthening fiscal stability and financial management, and improving institutional infrastructure, including the use of technology, to ensure the long-term viability and enhancement of these institutions;
(b)to advise the President and the Secretary of Education (Secretary) on the needs of TCUs in the areas of infrastructure, academic programs, and faculty and institutional development;
(c)to advise the Secretary in the preparation of a three-year Federal plan for assistance to TCUs in increasing their capacity to participate in Federal programs;
(d)to provide the President with an annual progress report on enhancing the capacity of TCUs to serve their students; and
(e)to develop, in consultation with the Department of Education and other Federal agencies, a private sector strategy to assist TCUs. The purpose of the meeting is to update and document the Board's Action Agenda through a review of collaborative efforts, review the final draft of the FY 2006 Report to the President, and to discuss relevant issues to be addressed as the Board pursues opportunities to strengthen capacity of programs at the tribal colleges and universities. *Additional Information:* Individuals who will need accommodations for a disability in order to attend the meeting (e.g., interpreting services, assistive listening devices, or material in alternative format) should notify Tonya Ewers at
(202)219-7040, no later than Monday, January 28, 2008. We will attempt to meet requests for accommodations after this date, but we cannot guarantee their availability. The meeting site is accessible to individuals with disabilities. An opportunity for public comment is available on Tuesday, February 12, 2008, between 1:15 p.m. and 1:45 p.m. Comments will be limited to five
(5)minutes for those speakers who sign up to speak. Those members of the public interested in submitting written comments may do so at the address indicated above by Monday, January 28, 2008. Records are kept of all Board proceedings and are available for public inspection at the Office of the White House Initiative on Tribal Colleges and Universities, U.S. Department of Education, 1990 K Street, NW., Washington, DC 20006, during the hours of 8 a.m. to 5 p.m., Eastern Standard Time, Monday through Friday. *Electronic Access to this Document:* You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/federegister.* 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.* Diane Auer Jones, Assistant Secretary, Office of Postsecondary Education. [FR Doc. E8-1364 Filed 1-25-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PF07-12-000] Dominion Transmission, Inc.; Notice of Intent to Prepare an Environmental Assessment for the Proposed Storage Factory Project, Request for Comments on Environmental Issues, and Notice of Public Scoping Meetings and Site Visit January 18, 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 Storage Factory Project, involving construction and operation of facilities by Dominion Transmission, Inc. (Dominion) in Tioga County, Pennsylvania and Frederick County, Maryland. The EA will be used by the Commission in its decisionmaking process to determine whether the project is in the public convenience and necessity. This notice announces the opening of a second scoping period (due to changes in the project and design) that will be used to gather environmental input from the public and interested agencies on the project. Your input will help the Commission staff determine which issues need to be evaluated in the EA. Please note that the scoping period will close on February 19, 2008. Comments may be submitted in written or verbal form. Further details on how to submit written comments are provided in the Public Participation section of this notice. In lieu of sending written comments, you may choose to attend the public scoping meeting scheduled as follows: Date and time Location Wednesday, February 6, 2008, 7 p.m. to 9 p.m.
(EST)Middletown Middle School, 100 High Street, Middletown, MD 21769, Telephone:
(240)236-4200. This notice is being sent to affected landowners; Federal, State, and local government representatives and agencies; environmental and public interest groups; Native American tribes; other interested parties in this proceeding; and local libraries and newspapers. We 1 encourage government representatives to notify their constituents of this planned project and encourage them to comment on their areas of concern. 1 “We” “us” and “our” refer to the environmental staff of the Office of Energy Projects, part of the Commission staff. If you are a landowner receiving this notice, you may be contacted by a Dominion representative about the acquisition of an easement to construct, operate, and maintain the proposed project facilities. The pipeline company 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, Dominion could initiate condemnation proceedings in accordance with State law. 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 On August 29, 2007, we issued a Notice of Intent to Prepare an Environmental Assessment for the Proposed Storage Factory Project, Request for Comments on Environmental Issues, and Notice of Public Scoping Meetings and Site Visit. At the time of that Notice, the project facilities were all in Pennsylvania. Subsequently, Dominion made modifications to its project design, which have resulted in the removal of some facilities and the addition of others. The current configuration of the proposed facilities is detailed below. The Storage Factory Project would involve the leaching of two salt caverns and placing the first cavern in service by 2014. The project consists of constructing leaching/pumping facilities, a brine processing facility, water and brine pipelines, and a new compressor station for gas storage injection/withdrawal purposes in Tioga County, Pennsylvania. Alternative water sources for leaching of the salt caverns are also being investigated. Dominion is also proposing piping upgrades to its existing Sabinsville Storage Pool in Tioga County. In addition, Dominion proposes construction of a new 14,000 horsepower compressor station (Middletown Compressor Station) located off of Marker Road approximately two miles west of Middletown in Frederick County, Maryland. As part of its modifications, Dominion has removed the proposed additional compression at Dominion's existing Ardell Station located in Elk County, Pennsylvania and approximately 7.5 miles of new 30-inch-diameter pipeline looping in Clinton County, Pennsylvania. Dominion anticipates filing an application with the FERC after March 2008 and to seek the Commission's approval in time for Dominion to begin construction by March 2009, with a proposed in-service date of January 2014. Project location maps are included in Appendix A. 2 2 The appendices referenced in this notice are not being printed in the **Federal Register** . Copies of all appendices are available on the Commission's Web site at the “eLibrary” link or from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426, or call
(202)502-8371. For instructions on connecting to eLibrary refer to the “Additional Information” section of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. Requests for detailed maps of the proposed facilities should be made directly to Dominion. Land Requirements for Construction The Storage Factory Project is in the preliminary planning stage. The precise facility design, pipeline route, rights-of-way, and other details have not yet been finalized. Specific information on the proposed project location and the land used by it will be made available to the public when it is finalized. Construction of the proposed project would affect a total of about 190.03 acres during construction. Following construction, about 87.13 acres would be allowed to revert to its previous conditions. Disturbance associated with aboveground facilities would permanently impact 57.23 acres of land. This includes the compressor station in Frederick County which would be located on approximately 11 acres within a 135 acre site that Dominion is seeking to acquire. The land is currently used for agriculture. Dominion proposes to construct the pipelines associated with the Sabinsville Storage Pool in existing rights-of-way and it would seek a construction right-of-way width varying between 100-feet and 75-feet for the pipelines associated with the leaching and proposed gas storage areas. The EA Process For this project, the FERC staff has initiated its National Environmental Policy Act
(NEPA)review prior to receiving the application. The purpose of the Commission's Pre-Filing Process is to involve interested stakeholders early in project planning and to identify and resolve issues before an application is filed with the FERC. A docket number (PF07-12-000) has been established to place information filed by Dominion, and related documents issued by the Commission, into the public record. Once a formal application is filed with the FERC, a new docket number will be established. The FERC will be the lead Federal agency for the preparation of the EA which will satisfy the requirements of NEPA. The NEPA requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us 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 that should be addressed in the EA. We will consider all comments received during scoping in the preparation of the EA. Our independent analysis and evaluation of the issues will be included in the EA. The EA will also include possible alternatives to the proposed project or portions of the project, and we will make recommendations on how to lessen or avoid impacts on the various resource areas of concern. Depending on the comments received during the scoping process, the EA may be published and mailed to Federal, State, and local agencies; elected officials; environmental and public interest groups; other interested parties; affected landowners; Native American tribes; libraries and newspapers; and the Commission's official service list for this proceeding. A 30-day comment period will be allotted for review of the EA. We will consider all comments submitted on the EA in any Commission Order that is issued for the project. We are currently involved in discussions with other jurisdictional agencies to identify their issues and concerns. These agencies include the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, Susquehanna River Basin Commission, and Pennsylvania Department of Environmental Protection. By this notice, we are asking these and other 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. Currently Identified Environmental Issues The EA will discuss impacts that could occur as a result of the construction and operation of the proposed project. We have already identified several issues that we think deserve attention based on a preliminary review of the project site and the facility information provided by Dominion. This preliminary list of issues and potential impacts may change based on your comments and our analysis. • Impacts on perennial and intermittent streams and waterbodies. • Evaluation of temporary and permanent impacts on wetlands and development of appropriate mitigation. • Effect on federally and State-listed species. • Alternative leaching water sources. • Impacts on existing land uses. • Visual impacts of the aboveground facilities on surrounding areas. • Impacts on local air and noise quality associated with construction and operation. • Impacts on cultural resources. • Public safety and potential hazards associated with the transport of natural gas and the proposed compressor facilities. Public Participation You can make a difference by providing us with your specific comments or concerns about the project. By becoming a commenter, your concerns will be addressed in the EA and considered by the Commission. Your comments 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. If you have already mailed in comments in response to the initial Notice for this project, your comments will still be considered and you do not need to resubmit your comments. 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: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Room 1A, Washington, DC 20426. • Label one copy of the comments for the attention of Gas Branch 1; • Reference Docket No. PF07-12-000; • Mail your comments so that they will be received in Washington, DC, on or before February 19, 2008. Please note that the Commission strongly encourages electronic filing of comments. See 18 Code of Federal Regulations
(CFR)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.” The public scoping meeting (date, time, and location is listed above) is designed to provide state and local agencies, interested groups, affected landowners, and the general public with another opportunity to offer your comments on the project. Interested groups and individuals are encouraged to attend the meeting and to present comments on the environmental issues they believe should be addressed in the EA. A transcript of the meeting will be made so that your comments will be accurately recorded. 3 3 We previously held a public scoping meeting on September 18, 2007, in Lawrenceville, Pennsylvania to address Dominion's proposed facilities in Pennsylvania. All public meetings will be posted on the Commission's calendar located at *http://www.ferc.gov/EventCalendar/EventsList.aspx* along with other related information. Once Dominion 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. Site Visit On February 6, 2008, the Office of Energy Projects staff will conduct a pre-certification site visit of the proposed Middletown Compressor Station in Middletown, Maryland. We will view Dominion's proposed compressor station site and possibly alternative sites that are being considered for the proposed project. Staff will tour these proposed project areas by automobile and on foot. Representatives of Dominion will accompany the OEP staff. All interested parties may attend the site visit. Those planning to attend must provide their own transportation. If you are interested in attending the site visit, please meet us at 1:30 p.m. at the proposed Middletown Compressor Station Site. The directions to the location of the proposed compressor station from Middletown, Maryland are as follows: Take US-40-Alt West to Marker Road, turn left. Travel on Marker Road about 1.5 miles until you pass PL-1 pipeline and power lines. The proposed compressor station property will be on your left (see Appendix A map for location). For additional information, please contact the Commission's Office of External Affairs at 1-866-208-FERC (3372). Environmental Mailing List An effort is being made to send this notice to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed project. This includes all landowners who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within distances defined in the Commission's regulations of certain aboveground facilities. If you do not return the attached form (Appendix B), you will be removed from the Commission's environmental mailing list. All individuals who provide written comments, attend the scoping meeting, or return the “Keep on Mailing List Form” will remain on our environmental mailing list for this project. Any individual who participated in the first scoping period will remain on our mailing list and does not need to mail back the enclosed “Keep on Mailing List Form”. This includes those who already have: • Mailed in comments to FERC; • Mailed back the “Keep on the Mailing List Form” ; or • Attended the scoping meeting in Lawrenceville, Pennsylvania, on September 18, 2007. Additional Information Additional information about the project is available from the Commission's Office of External Affairs at 1-866-208-FERC
(3372)or on the FERC Internet Web site ( *http://www.ferc.gov* ). Using the “eLibrary” link, select “General Search” from the eLibrary menu, enter the selected date range and “Docket Number” excluding the last three digits ( *i.e.,* PF07-12), and follow the instructions. For assistance with access to eLibrary, the helpline can be reached at 1-866-208-3676, TTY
(202)502-8659, or at *FERCOnlineSupport@ferc.gov.* The eLibrary link on the FERC Internet Web site also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rule makings. 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.* Finally, Dominion has established an Internet Web site for this project at *http://www.dom.com/about/gas-transmission/storage/index.jsp.* The Web site includes a project overview, status, and answers to frequently asked questions. You can also request additional information by calling Dominion at 1-888-882-5055. Kimberly D. Bose, Secretary. [FR Doc. E8-1421 Filed 1-25-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PF08-2-000] MarkWest Pioneer, L.L.C.; Notice of Intent To Prepare an Environmental Assessment for the Proposed Arkoma Connector Pipeline Project; and Request for Comments on Environmental Issues January 18, 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 Arkoma Connector Pipeline Project which involves the construction and operation of natural gas pipeline facilities in Coal, Atoka, and Bryan Counties, Oklahoma. This notice announces the opening of the scoping period that will be used to gather environmental input from the public and interested agencies on the project. Your input will help the Commission staff determine which issues need to be evaluated in the EA. Please note that the scoping period will close on February 20, 2008. Comments may be submitted in written form or verbally. Further details on how to submit written comments are provided in the Public Participation portion 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. MarkWest Pioneer, L.L.C. (MarkWest) 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, MarkWest 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 MarkWest seeks authorization to construct new pipeline facilities in Coal, Atoka, and Bryan Counties, Oklahoma. The Arkoma Connector Pipeline Project would consist of about 50 miles of 24-inch-diameter pipeline, a 10,000-horsepower compressor station and associated facilities, and two meter stations. The pipeline project would be designed to deliver a peak day capacity of 300,000 to 350,000 decatherms of natural gas from producers in the Arkoma Basin area of southeastern Oklahoma to the Midcontinent Express Pipeline that is currently proposed under Docket No. CP08-6-000. The general location of the proposed project facilities is shown in Appendix 1. 1 1 The appendices referenced in this notice are not being printed in the **Federal Register** . Copies of all appendices are available on the Commission's Web site at the “eLibrary” link or from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426, or call
(202)502-8371. For instructions on connecting to eLibrary refer to the last page of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. Requests for detailed maps of the proposed facilities should be made directly to MarkWest. Land Requirements for Construction Construction of the proposed project would affect a total of about 629 acres. Following construction, about 319 acres would be allowed to revert to its previous conditions. Disturbance associated with aboveground facilities would permanently impact approximately 10 acres of land. The compressor station would require about 8 acres and the two meter stations would each require about 1 acre of disturbance. MarkWest would seek a 90-foot-wide construction right-of-way for the pipeline, and would maintain a 50-foot-wide permanent right-of-way for operation of the pipeline. 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 MarkWest'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. In the EA we 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. • Land use. • Water resources, fisheries, and wetlands. • Cultural resources. • Vegetation and wildlife. • Air quality and noise. • Endangered and threatened species. • Hazardous waste. • Public safety. We will also evaluate possible alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas. 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. Public Participation You can make a difference by providing us with your specific comments or concerns about the project. By filing comments, 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: 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 Gas Branch 3. • Reference Docket No. PF08-2-000. • Mail your comments so that they will be received in Washington, DC, on or before February 20, 2008. The Commission encourages electronic filing of comments. See Title 18 Code of Federal Regulations, section 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. 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 might mail the EA for comment. If you are interested in receiving it, please return the Information Request (Appendix 3). If you do not return the Information Request, you will be taken off the mailing list. 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. E8-1419 Filed 1-25-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-323-000] SYNERGY Power Marketing Inc.; Notice of Issuance of Order January 18, 2008. SYNERGY Power Marketing Inc. (SYNERGY) filed an application for market-based rate authority, with accompanying tariff. The proposed market-based rate tariff provides for the sale of energy and capacity at market-based rates. SYNERGY also requested waivers of various Commission regulations. In particular, SYNERGY requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by SYNERGY. On January 18, 2008, pursuant to delegated authority, the Director, Division of Tariffs and Market Development-West, granted the requests for blanket approval under Part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by SYNERGY, should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2007). The Commission encourages the electronic submission of protests using the FERC Online link at *http://www.ferc.gov.* Notice is hereby given that the deadline for filing protests is February 19, 2008. Absent a request to be heard in opposition to such blanket approvals by the deadline above, SYNERGY is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of SYNERGY, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of SYNERGY's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also 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 filed to access the document. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E8-1420 Filed 1-25-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP05-413-005] East Tennessee Natural Gas, LLC; Notice of Amendment January 18, 2008. Take notice that on January 7, 2008, East Tennessee Natural Gas, LLC (East Tennessee), 5400 Westheimer Court, Houston, Texas 77056-5310, filed an abbreviated application pursuant to section 7(c) of the Natural Gas Act
(NGA)and Part 157 of the Commission's regulations, for an amendment to its certificate of public convenience and necessity to increase the capacity of its Jewell Ridge Lateral, located in Tazewell and Smyth Counties, Virginia, from 235,000 Dth per day, as certificated in an order issued on February 8, 2006, to 275,862 Dth per day. East Tennessee does not request authorization to construct any facilities. East Tennessee proposes to continue to charge its existing rate for the expanded service, but states that a slightly higher rate could be supported based on the actual costs of the project. This filing is available for review at the Commission in the Public Reference Room 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 are to be directed to Garth Johnson, General Manager, Certificates & Reporting, East Tennessee Natural Gas, LLC, 5400 Westheimer Court, P.O. Box 1642, Houston, Texas 77251-1642, telephone no.
(713)627-5415 and E-mail: *gjohnson@spectraenergy.com* . 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. 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 the original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. *Comment Date:* February 8, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-1422 Filed 1-25-08; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2004-0122; FRL-8344-5] Nanoscale Materials Stewardship Program AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This document describes the design and format of EPA's Nanoscale Materials Stewardship Program (“the program”) for nanoscale materials under the Toxic Substances Control Act (TSCA). On July 12, 2007, EPA sought public comment on a concept paper that outlined its initial thinking on the design and development of the program, and several related documents. Based on ideas in the concept paper, written public comments, comments at public meetings, and scientific peer consultations on material characterization and risk management practices, EPA has developed this document to provide the final description and format of the program. EPA will consider refinements to the program over time based on experience and additional feedback from participants. FOR FURTHER INFORMATION CONTACT: *For general information contact* : Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)554-1404; e-mail address: *TSCA-Hotline@epa.gov* . *For technical information contact* : James Alwood, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)564-8974; e-mail address: *alwood.jim@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you manufacture, import, process, or use nanoscale materials that are chemical substances subject to the jurisdiction of TSCA. Potentially affected entities may include, but are not limited to: • Chemical manufacturers (NAICS code 325), e.g., persons manufacturing, importing, processing, or using chemicals for commercial purposes. • Petroleum and coal product industries (NAICS code 324), e.g., persons manufacturing, importing, processing, or using chemicals for commercial purposes. This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected, such as researchers who develop and/or study nanoscale materials. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the descriptions in Unit II. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Get Copies of this Document and Other Related Information? 1. *Docket* . EPA has established a docket for this action under docket identification
(ID)number EPA-HQ-OPPT-2004-0122. All documents in the docket are listed in the docket's index available at *http://www.regulations.gov* . Although listed in the index, some information is not publicly available, e.g., Confidential Business Information
(CBI)or other information whose 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 electronically at *http://www.regulations.gov* , or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The telephone number of the EPA/DC Public Reading Room is
(202)566-1744, and the telephone number for the OPPT Docket is
(202)566-0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure. 2. *Electronic access* . You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . II. Nanoscale Materials Stewardship Program Introduction EPA is implementing its Nanoscale Materials Stewardship Program “the program” to complement and support its new and existing chemical efforts on nanoscale materials under the Toxic Substances Control Act
(TSCA)(15 U.S.C. 2601). The program is to include but is not limited to engineered nanoscale materials (also known as nanoscale materials or nanoscale substances) manufactured or imported for commercial purposes as defined in 40 CFR 720.3(r). With this document, EPA is inviting interested parties to participate in a “basic” program by submitting existing data on the engineered nanoscale materials they manufacture, import, process, or use. To help participants compile existing data and provide available information in a consistent format, EPA has developed an optional form for participants to use. The Agency is also inviting interested parties to participate in an “in-depth” program to test engineered nanoscale materials they manufacture, import, process, or use. EPA intends to publish a summarized interim report approximately 1 year after the initiation of the program that will be based on data reported during the first 6 months of the basic program. EPA will then develop a more detailed report that reflects its evaluation of the program approximately 2 years after initiation of the program. A. Background The Nanoscale Materials Stewardship Program is intended to: • Help the Agency gather existing data and information from manufacturers, importers, processors, and users of existing chemical nanoscale materials to build EPA's knowledge base in this area. • Identify and encourage use of risk management practices in developing and commercializing nanoscale materials. • Encourage the development of additional test data needed to provide a firmer scientific foundation for future work and regulatory/policy decisions. • Encourage responsible development of nanoscale materials. One approach for describing “responsible development” has been offered by the National Research Council
(NRC)in the context of its first triennial review of the National Nanotechnology Program as required under section 5(a) of the 21st Century Nanotechnology Research and Development Act (Public Law 108-153). In that review, the NRC characterizes “responsible development” “...as the balancing of efforts to maximize the technology's positive contributions and minimize its negative consequences. Thus, responsible development involves an examination both of applications and of potential implications. It implies a committment to develop and use technology to help meet the most pressing human and societal needs, while making every reasonable effort to anticipate and mitigate adverse implications or unintended consequences.” (Ref. 1) On July 12, 2007, EPA released for public comment a Concept Paper for the Nanoscale Materials Stewardship Program under TSCA, (“concept paper”), a draft TSCA Inventory Status of Nanoscale Substances—General Approach, (“TSCA Inventory Paper”) (72 FR 38083) (FRL-8139-2), and a proposed Information Collection Request
(ICR)(72 FR 38079) (FRL-8140-2) regarding the stewardship program. Based on the information in those documents and public comments, EPA is announcing the final format of the stewardship program. This document describes the process for reporting on existing chemical nanoscale materials under the program, reporting on risk management practices for those nanoscale materials, and developing data on representative nanoscale materials. This document also describes the factors that interested parties could consider in deciding whether to participate in the program, what EPA will do with the data, and how it will report on and evaluate the program. It also describes the potential benefits, incentives, and EPA outreach activities that could affect participation in the program. EPA reminds participants that participation in the program does not relieve or replace any requirements under TSCA that a manufacturer, importer, processor, or user of nanoscale materials may otherwise have. EPA received numerous public comments supporting the stewardship program. Several commenters did not support developing a voluntary program because they wanted EPA to focus on issuing TSCA regulations regarding nanoscale materials. Other commenters asked EPA to consider issuing regulations under TSCA while implementing the program; they mentioned using information gathering authorities under section 8 of TSCA or its significant new use authority under section 5(a)(2) of TSCA. One specific commenter noted that the National Pollution Prevention and Toxics Advisory Committee (NPPTAC) overview document (Ref. 2) recommended that EPA initiate activities to utilize TSCA section 8(a) and 8(d) to complement any voluntary program it considers. While implementing the program, EPA will continue to consider, as appropriate, the timing and use of all of its authority under TSCA for nanoscale materials. EPA also received numerous public comments either supporting or not supporting the approach outlined in the TSCA Inventory Paper. Commenters who did not support EPA's approach stated, among other things, that the Agency should consider physical characteristics when determining new versus existing chemical nanoscale materials under TSCA. However, the information provided by commenters has in large part already been considered by EPA, and did not, in the Agency's judgment, compel modification of the basic approach described in the TSCA Inventory Paper as previously issued for comment. Therefore, this approach will remain unchanged. EPA has developed a response to comments document for the public comments received regarding the TSCA Inventory Paper that is available in the public docket for this announcement. EPA received several public comments on changes it should make to the concept paper, including definitions, materials that should or should not be included in the program, types of participants, and additional data elements that could be reported under the program. Rather than revise the concept paper EPA will continue to use it as a description of who EPA envisions participating and what nanoscale materials they would report, and has referenced the concept paper in the following paragraphs. EPA received only a few minor comments on the ICR, which only resulted in minor amendments to the ICR that did not affect the overall substance of the ICR. For example, EPA amended the worksheet to the optional form by listing additional physical and chemical properties that could be relevant to nanoscale materials, and revised the form to clarify instructions and the presentation of requested information. The revised ICR was submitted to OMB for approval and underwent additional public comment as part of its submission to OMB under the Paperwork Reduction Act (72 FR 63175, November 8, 2007) (FRL-8493-9). The ICR is discussed in more detail in Unit III. of this document. B. Program Participants The program encompasses participants who manufacture, process, use, or import nanoscale materials for commercial purposes, including those who: • Manufacture or import engineered nanoscale materials. • Physically or chemically modify or process an engineered nanoscale material. • Physically or chemically modify or process a non-nanoscale material to create an engineered nanoscale material. • Use engineered nanoscale materials in the manufacture of a product. Others, including researchers who develop or study engineered nanoscale materials may also participate. Any participation in the program is voluntary. Both new and existing chemical substances (as determined by the status of the substance on the TSCA inventory of chemical substances) can be included in the program, regardless of whether they qualify for exemptions from TSCA new chemical reporting. Annex A of the concept paper further describes and provides examples regarding who could report and the types of materials that could be reported. The description is not meant to be exclusive. EPA received public comments on changes it should make to Annex A of the concept paper, including definitions or materials that should or should not be included in the program. EPA has not attempted to make definitive boundaries for reporting nanoscale materials under the program. The Agency has given examples and definitions in the concept paper to describe those nanoscale materials that may be reported under the program. EPA encourages anyone who manufactures, imports, processes, or uses nanoscale materials as described in Annex A of the concept paper and has pertinent information as described in Annex B of the concept paper or the ICR to participate in the program. If you have further questions please consult the person listed as the technical contact under FOR FURTHER INFORMATION CONTACT . C. Program Components EPA will implement the program in two parts. One part, a basic program, invites participants to report all known or reasonably ascertainable information regarding specific nanoscale materials, including risk management practices. Under the basic program EPA encourages participants to forward available data on nanoscale materials to the Agency within 6 months of today's announcement of the program. Data received within the 6-month period will be used in preparing the interim report on the program. Participants may continue to submit new data that become available on any nanoscale material reported to EPA during the initial 6-month period. Participants may also identify additional nanoscale materials for which they may choose to submit information under the basic program. The other part, an in-depth program, entails development of data. EPA is inviting participation in the in-depth program through this notice. Participants in the in-depth program would develop a plan and submit data over a longer period of time to be determined in the plan. EPA intends to conduct both the basic and in-depth program for the next 2 years although it may make adjustments or decide on future steps or direction of the program at an earlier point as sufficient experience is gained. For example, some testing initiated under the in-depth program is likely to extend beyond the 2-year point. 1. *Basic program* . The types of data that EPA has identified for reporting are detailed in Annex B of the concept paper and the ICR. These data include information on material characterization, hazard, use, potential exposures, and risk management practices. On September 6-7, 2007, (Ref. 3), EPA conducted a public scientific peer consultation on material characterization to receive views and comments on the type of material characterization information to be reported for nanoscale materials under the stewardship program. Comments from the scientific peer consultation and other public comments generally agreed with the types of data detailed in Annex B of the concept paper and the ICR. Several commenters also noted that not all data would be applicable to all nanoscale materials. EPA agrees and expects that participants will submit only data that are pertinent to their particular nanoscale materials. Participants may provide data in any format or on any form that they choose; however, EPA has also developed an optional data submission form for participants. The optional form was developed based on the Agency's Premanufacture Notice
(PMN)Form (EPA Form No. 7710-25) that is used for reporting to EPA regarding new chemical substances under TSCA. The optional form is designed for manufacturers and importers of chemical substances and EPA does not expect that researchers or other interested parties will fill out the entire form. The optional form identifies additional physical and chemical properties that may pertain to characterizing and evaluating nanoscale materials. Participants are encouraged but not required to use this form to submit information to EPA. Based on EPA's experience with the PMN form, it will be easier for EPA to evaluate the information if the optional reporting form is used. Several commenters stated that filling out the entire form could be a burden, especially to small and medium-sized businesses not familiar with TSCA. While participants are encouraged to submit as much data and explanation as possible, they are not required to fill out the entire form to participate in the program. Nonetheless, the more complete the information provided to EPA, the greater benefit to both EPA and program participants (who may receive feedback from the Agency). More information is available about the data to be reported in the ICR for the program. EPA invites participants to provide the information described in Annex B of the concept paper, the ICR, and the reporting form to the extent it is known or reasonably ascertainable to them. EPA is not requesting that participants in the basic program develop additional data. If the information identified is not available or applicable to the nanoscale material, participants would not submit those data. EPA encourages participants in the basic program to provide additional data if and when they become available. It would also be informative for participants to describe why information is not available or applicable. EPA requests that each nanoscale material be reported separately. If using the form, one form would be submitted for each nanoscale material. Participants who wish to identify nanoscale materials collectively, e.g. submit one form for a group of similar nanoscale materials, are requested to describe the parameters that form the basis for grouping. EPA received numerous public comments regarding the need to establish target dates for submission of data under the program, noting that some participants in voluntary initiatives often wait until the latter stages of the program before submitting data or otherwise participating. Commenters suggested targets ranging from 3 to 9 months for submitting data under the basic program while allowing for a more flexible approach under the in-depth program. In response to these public comments, EPA is establishing a target of 6 months from today for participants to report under the basic program. In conducting its interim evaluation as described in Unit II.F., EPA intends to consider only data reported within the first 6 months of the program. In addition, the more data EPA receives during this 6-month period the easier it will be to fully integrate those data into the more comprehensive 2-year report. Data submitted during the first 6 months of the program will be a factor when the Agency considers whether to use regulatory information gathering authority under TSCA. As noted earlier, participation in the stewardship program does not relieve or replace any requirements under TSCA that a manufacturer, importer, processor, or user of nanoscale materials may otherwise have. Manufacturers or importers who want further guidance on determining the Inventory status of specific nanoscale materials or submitting PMNs should consult the person listed as the technical contact under FOR FURTHER INFORMATION CONTACT . Where, for example, there is a requirement to submit a PMN, participation in the program would not satisfy this requirement; a separate PMN would need to be filed. If a manufacturer of a nanoscale material that is a new chemical substance under TSCA submits a premanufacture notification to EPA, they are encouraged to also participate in the stewardship program by submitting that information to EPA. Alternatively, the PMN submitter may simply notify EPA of the PMN submission of a nanoscale material it wants to include in the stewardship program. 2. *In-depth program* . The data and experience generated by the basic program, including input from the interim program evaluation will help to inform the types of in-depth data that need to be developed. In-depth data development will likely apply to a smaller set of representative nanoscale materials designated for further evaluation by participants who agree to sponsor the development of data for a particular nanoscale material. EPA and the sponsor(s) would sort through the data development approach and elements. For example, EPA and the sponsor(s) can review existing data, conduct preliminary assessments, and identify additional data needed to better characterize hazard, risk, and exposure issues for the material. Once testing has been identified, and considering input from stakeholders, EPA and the sponsor(s) will jointly develop a plan of action that could include: • Characterizing the physical/chemical properties of the material. • Testing for health and environmental hazards. • Determining fate and transport characteristics. • Monitoring or estimating exposures and releases. • Evaluating the effectiveness of engineering controls and protective equipment. • Developing a model worker education program. • Other evaluations and/or actions as appropriate. In some cases, a particular sponsor may choose to implement one or more aspects of the plan, or a consortium of sponsors and other stakeholders may work together to implement aspects of the plan. The last three bullets are specific examples of areas where input from the Occupational Safety and Health Administration and the National Institute of Occupational Safety and Health would be valuable. At the completion of the plan, EPA and sponsors, considering input from stakeholders, will again review the information gathered; conduct final assessments; and consider any further action. Entities who want to participate in the in-depth program would notify EPA as described further in Unit II.H. As soon as potential sponsors are identified, EPA will coordinate the process for in-depth data development. EPA will begin to coordinate meetings for the in-depth program 90 days after announcement of the program. To avoid duplication of testing, the in-depth program will be coordinated with EPA's research program, other federal testing and research programs, and internationally through the Organization for Economic Cooperation and Development's Working Party on Manufactured Nanomaterials. EPA will also coordinate with the Canadian government to encourage participation of Canadian companies in the in-depth program or participation of American companies in Canadian data development activities which will allow joint development and sharing of data by both countries. D. CBI Recognizing that this is a program that involves voluntary submissions of information and that the application of TSCA to all the data submitted in connection to the program cannot be determined in advance, EPA is advising participants in the stewardship program that submission of information under the program will constitute consent for the Agency to treat this information as if it had been submitted under TSCA. Claims of confidentiality will therefore be handled in accordance with 15 U.S.C. section 2613 and 40 CFR parts 2 and 720. EPA has a long history of successfully handling and protecting TSCA CBI information. EPA encourages participants to give careful consideration to what information they will and will not claim as CBI. EPA encourages participants to make as much data as possible available to the public. The more information that is available to the public, the more transparent EPA will be able to be in demonstrating benefits and knowledge learned from the stewardship program. Under some circumstances, EPA will also, where possible, share aggregated data with the public. One important aspect of EPA's strong commitment to transparency is involving stakeholders and the public in its programs and processes. With permission of the submitting company, EPA would also share CBI with other governments who agree to protect the information from disclosure in an appropriate manner. EPA has included a box to check on the reporting form if participants are willing to allow such sharing. EPA would contact a participant before releasing any data and provide the reasons for doing so. One possible purpose for sharing data would be to improve consistency of approaches among trading partners while protecting CBI and maintaining a consistently high level of health and environmental protection. If the data are confidential business information, it may also be used by other Federal agencies that have TSCA CBI clearance, in accordance with CBI procedures. Non-confidential portions of this information may be used by the public, academics, states, local and tribal governments, as well as foreign governments and international organizations. E. Risk Management Practices The objectives of typical risk management programs are to consider alternatives to minimize or eliminate exposures and releases of hazardous materials. In its (“Approaches to Safe Nanotechnology - An Information Exchange with NIOSH”), NIOSH stated in the executive summary: “Given the limited amount of information for determining if engineered nanoparticles pose an occupational health risk, it is prudent to take precautionary measures to minimize worker exposures” (Ref. 4). Recognizing the uncertainties surrounding the evolving science and technology of nanoscale materials, EPA also encourages use of exposure mitigation practices for nanoscale materials. EPA invites each participant in the basic program to submit available data on risk management practices for nanoscale materials it manufactures, imports, processes, or uses. A participant who has already developed a risk management plan is invited to include the plan as part of its submission under the basic program. EPA encourages participants who do not have a risk management plan to consider developing one. Participants will find information describing risk managment practices on page 13, section II.C. of the optional reporting form. Participants could also consider information that is relevant to risk management practices for nanoscale materials in the report of the public scientific peer consultation on risk management practices EPA conducted in October 2006. EPA included input from this scientific peer consultation when developing risk management considerations (See the Final Meeting Summary Report, *http://www.epa.gov/opptintr/nano/nanopublicmeetingsummaryfinaloct2006.pdf)* . EPA is not prescribing specific risk management practices that would be used for all nanoscale materials. EPA encourages anyone with additional information on risk management practices for nanoscale materials to submit the information to EPA. New information that EPA receives in the program or is available from other sources may result in EPA amending the information it considers relevant to risk management practices for nanoscale materials. F. EPA Use of the Data EPA will use the data from the stewardship program to gain a better understanding of the nature of nanoscale materials that are produced; the quantities in which they are produced; how they are or will be used; any hazards, exposures, or releases associated with those materials; and how these hazards are being addressed. EPA scientists will use data collected through this program, where appropriate, to aid in determining how and whether certain nanoscale materials or categories of nanoscale materials may present risks to human health and the environment. EPA may use the data for a variety of purposes including building new assessment methods and models or incorporating the data into existing models with regard to hazard, exposure, and fate. The data will help increase EPA's capacity to assess benefits from nanoscale materials. As EPA reviews specific data that are submitted it may find other uses for the data. EPA will also evaluate the information submitted under the program to make the following determinations: • Identify the data that may be useful to evaluate a specific nanoscale material. EPA may contact participants on a case-by-case basis to clarify if further data are available or why certain data were unavailable or not submitted. • Identify any additional risk management practices for participants to consider. • Identify nanoscale materials or categories of nanoscale materials that warrant future concerns or actions based on existing information, or should be treated as a lower priority for further consideration. If the hazard, exposure, and fate data submitted by a participant indicate that potential risks may exist for a specific nanoscale material, EPA may work with the participant to determine possible actions to avoid, reduce, or mitigate potential risks. If the data submitted by a participant indicate that the participant is manufacturing a nanoscale material that is reportable under section 5 of TSCA (15 U.S.C. 2613) as a new chemical substance, EPA will inform the participant of that situation, the applicable TSCA requirements, and the TSCA section 5 enforcement policy ( *http://www.epa.gov/compliance/resources/policies/civil/tsca/tscasec5erpamend-060889.pdf* ). EPA encourages manufacturers, importers, and processors of nanoscale materials to consult with EPA regarding questions of the TSCA Inventory status of such materials before beginning commercial activity. EPA will work with program participants who also have reporting requirements under section 5 of TSCA to minimize or eliminate duplicative reporting of the same information. EPA intends to publish an interim report approximately 1 year after announcement of the program. The purpose of the report would be to describe participation in the basic component of the program during its first 6 months. The report would summarize, to the extent possible, considering CBI claims, who reported, the types of data available, the reasons some data were reported as not being available, additional data that would be useful to improve risk assessment and any activities for which data are being used. The report is expected to address only the data received within 6 months of this announcement of the program. As suggested by several commenters, EPA will also issue quarterly updates on the OPPT nanotechnology website ( *http://epa.gov/oppt/nano/index.htm* ) regarding the number of submissions received and any activity under the in-depth program. EPA also intends to develop a more detailed report and evaluation of the program approximately 2 years after announcement of the program. This report will describe how the stewardship program addressed the objectives identified in Unit II.A. EPA welcomes suggestions for criteria to evaluate the program. At the time of the 2-year report, EPA intends to determine the future direction of the basic reporting phase as well as in-depth data development, although it may make adjustments or decide on future steps at an earlier point as sufficient experience is gained. This would also include consideration of information gathering authorities under TSCA. G. Benefits of Participation EPA believes that participation in the stewardship program will encourage responsible development of nanoscale materials and will benefit all stakeholders. Development and sharing of data on nanoscale materials to the fullest extent possible will enhance each stakeholder's ability to make informed decisions regarding nanoscale materials. Applying a stewardship approach will help participants to identify and develop appropriate environmental health and safety plans in their workplaces as well as throughout an industrial supply chain. EPA is committed to an open and transparent process in the development and implementation of the stewardship program. EPA sought comments and ideas on incentives for participation in the stewardship program and how it could identify and reach out to the many small and medium sized nanotechnology businesses. Many of these entities have limited experience with TSCA and may have limited resources for participation in a voluntary stewardship program. EPA will use information from its own small business office to meet with small and medium sized nanotechnology companies to assist these companies with understanding TSCA and participating in the stewardship program. EPA received two comments that participants in the stewardship program who become aware they should have submitted a PMN for a nanoscale material submitted to the program, be allowed to submit a PMN without penalty. Several commenters also suggested that program participants should be exempt from future EPA reporting requirements EPA may issue for nanoscale materials. EPA will not exempt anyone from TSCA requirements for participating in the program. EPA will also acknowledge participants in the program on EPA's OPPT webpage, provided the participants have not claimed their identity as CBI or otherwise object to such acknowledgement. H. How to Participate EPA encourages anyone with further questions to consult the person listed as the technical contact under FOR FURTHER INFORMATION CONTACT . Send submissions for the basic program, requests to participate in the in-depth program, or any other input regarding the program to these addresses: • *Mail* : Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001, ATTN: Nanoscale Materials Stewardship Program. • *Hand Delivery* : OPPT Document Control Office (DCO), EPA East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is
(202)564-8930. Such deliveries are only accepted during the DCO's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions* : Clearly mark any documents as pertaining to the Nanoscale Materials Stewardship Program. If you are claiming information as CBI or other information whose disclosure is restricted by statute you must clearly label the information that is CBI. If you are using the reporting form follow the instructions on the reporting form. If information is claimed as confidential, a sanitized version (including attachments) should be provided. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. If you submit an electronic submission, EPA recommends that you include your name and other contact information in the body of the submission and with any disk or CD-ROM you submit. If EPA cannot read your submission due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your submission. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Given security measures for mail, EPA does not recommend mail for a disk or CD-ROM because the equipment used to scan the mail may destroy the disk or CD-ROM. III. Paperwork Reduction Act Notice The Office of Management and Budget
(OMB)has approved the information collection activities associated with the Nanoscale Materials Stewardship Program
(NMSP)under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 *et seq* . and has assigned OMB control number 2070-0170. EPA has prepared an Information Collection Request
(ICR)that describes the information collection activities and EPA's estimated burden, which is summarized in this unit. The ICR is identified by EPA ICR No. 2250.01. A copy of the ICR and public comments (described in Unit II.A. of this document) are available under Docket ID No. EPA-HQ-OPPT-2007-0572. As described in more detail in the ICR, the annual burden for this collection of information is estimated to average 154.3 hours per response for the basic NMSP, and 2,500 hours for the in-depth NMSP, based on 240 responses for the basic NMSP and 15 responses for the in-depth NMSP. According to the PRA, “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. 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 number for this collection activity appears in this document, in the **Federal Register** document announcing the approval of the ICR, and on the optional collection instrument or form. IV. Statutory and Executive Order Reviews This document describes the design and format of EPA's Nanoscale Materials Stewardship Program, which is a voluntary program to collect data for nanoscale materials under TSCA. This action is not a regulatory action or a significant guidance document under Executive Order 12866, entitled *Regulatory Planning and Review* (58 FR 51735, October 4, 1993), as amended by Executive Order 13422 on January 18, 2007 (72 FR 2763). As such, this action does not require review by OMB under Executive Order 12866. In addition, Executive Orders 13045, entitled *Protection of Children from Environmental Health Risks and Safety Risks* (62 FR 19885, April 23, 1997) and 13211, entitled *Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use* (66 FR 28355, May 22, 2001), do not apply to this action because it is not “economically significant” as defined by section 3(f) of Executive Order 12866. Nor does this action establish an environmental standard that may have a negatively disproportionate effect on children, or otherwise have any significant adverse effect on the supply, distribution, or use of energy. This action is not subject to the notice-and-comment requirements under the Administrative Procedure Act or any other statute. As such, it is not subject to the provisions of the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601 *et seq* .). Further, today's action is expected to only have a limited impact because only entities that volunteer to participate in the NMSP will be impacted. Based on EPA's experience with review of PMNs; State, local, and Tribal governments have not been impacted by these activities, and EPA does not have any reason to believe that any State, local, or Tribal government would be impacted by this action. As such, the Agency concludes that this action will not have substantial direct effects on the States or on the relationship between the national government and the States or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled *Federalism* (64 FR 43255, August 10, 1999). Nor does this action significantly or uniquely affect the communities of tribal governments as specified by Executive Order 13084, entitled *Consultation and Coordination with Indian Tribal Governments* (63 FR 27655, May 10, 1998). In addition, EPA has determined that this action would not impose any enforceable duty, contain any unfunded mandate, or otherwise have any affect on small governments subject to the requirements of sections 202, 203, 204, or 205 of the Unfunded Mandates Reform Act of 1995
(UMRA)(Public Law 104-4). This action does not involve any technical standards that require the Agency's consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). This action will not have an adverse impact on the environmental and health conditions in low-income and minority communities. Therefore, under Executive Order 12898, entitled *Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations* (59 FR 7629, February 16, 1994), the Agency is not required to and has not considered environmental justice-related issues. V. References 1. A Matter of Size: Triennial Review of the National Nanotechnology Initiative, The National Academies Press. p. 73 (2006). 2. NPPTAC 2005. Overview of Issues for Consideration by NPPTAC. Document ID EPA-HQ-OPPT-2002-0001-0068. *http://www.regulations.gov/fdmspublic/component/main* . 3. Material Characterization of Nanoscale Materials; Notice of Public Meeting, August 13, 2007 (72 FR 45244) (FRL-8144-1). 4. NIOSH 2007. National Institute for Occupational Safety and Health, December 2007, Approaches to Safe Nanotechnology—An Information Exchange with NIOSH. *http://www.cdc.gov/niosh/topics/nanotech/safenano/summary.html* . List of Subjects Environmental protection, Chemicals, Hazardous substances, Nanoscale materials. Dated: January 22, 2008. James B. Gulliford, Assistant Administrator, for Prevention, Pesticides and Toxic Substances. [FR Doc. E8-1411 Filed 1-25-08; 8:45 am] BILLING CODE 6560-50-S FEDERAL COMMUNICATIONS COMMISSION [WT Docket No. 08-7; DA 08-78] Comment Sought on Petition for Declaratory Ruling That Text Messages and Short Codes Are Title II Services or Are Title I Services Subject to Section 202 Non-Discrimination Rules AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: In this document, comment is sought on a December 11, 2007 petition for declaratory ruling (Petition) filed by Public Knowledge, Free Press, Consumer Federation of America, Consumers Union, EDUCAUSE, Media Access Project, New America Foundation, and U.S. PIRG (Petitioners). The Petitioners ask the Federal Communications Commission (Commission) to clarify the regulatory status of text messaging services, including short-code based services sent from and received by mobile phones, and declare that these services are governed by the anti-discrimination provisions of Title II of the Communications Act. DATES: Interested parties may file comments on or before February 13, 2008, and reply comments on or before March 14, 2008. ADDRESSES: You may submit comments, identified by WT Docket No. 08-7, by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/.* Follow the instructions for submitting comments. • *Mail:* Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. • *People with Disabilities:* Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by e-mail: *FCC504@fcc.gov* or phone: 202-418-0530 or TTY: 202-418-0432. For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Jennifer Salhus, Spectrum and Competition Policy Division, Wireless Telecommunications Bureau, 202-418-1310. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public Notice released on January 14, 2008. The full text of the Public Notice is available for public inspection and copying during normal business hours in the FCC Reference Center, Room CY-A257, 445 12th St., SW., Washington, DC 20554. The complete text may also be purchased from the Commission's duplicating contractor, Qualex International, Portals II, 445 12th St., SW., Room CY-B402, Washington, DC, telephone
(202)863-2893, facsimile
(202)863-2898, or via e-mail *qualexint@aol.com.* Additionally, the complete item is available on the Federal Communications Commission's Web site at *http://www.fcc.gov.* The Petitioners assert that text messaging is “rapidly becoming a major mode of speech, as a replacement for and a complement to traditional voice communications,” and that “short codes are developing into an important tool for political and social outreach.” The Petitioners allege that mobile carriers “arbitrarily decide what customers to serve and which speech to allow in text messages, refusing to serve those that they find controversial or that compete with the mobile carriers' services.” In their Petition, the Petitioners request that the Commission declare that text messaging services are “commercial mobile services” governed by Title II, and thus are subject to the non-discrimination provisions of section 202. Alternatively, the Petitioners request that, if the Commission declares that these services are “information services” subject to its Title I authority, the Commission should exercise ancillary jurisdiction to apply the non-discrimination provisions of Title II to text messaging services. Petitioners also request that, in either case, the Commission should declare that refusing to provision a short code or otherwise blocking text messages because of the type of speech, or because the party seeking such service is a competitor, is “unjust and unreasonable discrimination” in violation of law. Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using:
(1)The Commission's Electronic Comment Filing System (ECFS),
(2)the Federal Government's eRulemaking Portal, or
(3)by filing paper copies. *See Electronic Filing of Documents in Rulemaking Proceedings,* 63 FR 24121 (1998). • *Electronic Filers:* Comments may be filed electronically using the Internet by accessing the ECFS: *http://www.fcc.gov/cgb/ecfs/* or the Federal eRulemaking Portal: *http://www.regulations.gov.* Filers should follow the instructions provided on the Web site for submitting comments. • For ECFS filers, if multiple docket or rulemaking numbers appear in the caption of this proceeding, filers must transmit one electronic copy of the comments for each docket or rulemaking number referenced in the caption. In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions, filers should send an e-mail to *ecfs@fcc.gov,* and include the following words in the body of the message, “get form.” A sample form and directions will be sent in response. • *Paper Filers:* Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. • The Commission's contractor will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of *before* entering the building. • Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. • U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street, SW., Washington, DC 20554. *People with Disabilities:* To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to *fcc504@fcc.gov* or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). Federal Communications Commission. Fred B. Campbell, Jr., Chief, Wireless Telecommunications Bureau. [FR Doc. E8-1452 Filed 1-25-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than February 12, 2008. **A. Federal Reserve Bank of Chicago** (Burl Thornton, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. Patricia L. Pierce, as an individual, and Patricia L. Pierce and Oliver P. Smith* , both of Menasha, Wisconsin, as a group acting in concert, to retain voting shares of First Menasha Bancshares, Inc., and thereby indirectly retain voting shares of First National Bank-Fox Valley, both of Neenah, Wisconsin. Board of Governors of the Federal Reserve System, January 23, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-1384 Filed 1-25-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than February 22, 2008. **A. Federal Reserve Bank of Richmond** (A. Linwood Gill, III, Vice President) 701 East Byrd Street, Richmond, Virginia 23261-4528: *1. Community Bankers Acquisition Corp.* , Great Falls, Virginia (to be renamed Community Bankers Trust Corporation); to become a bank holding company by acquiring 100 percent of the voting shares of TransCommunity Financial Corporation, Glen Allen, Virginia, and thereby indirectly acquire voting shares of TransCommunity Bank, National Association, Manakin-Sabot, Virginia. **B. Federal Reserve Bank of St. Louis** (Glenda Wilson, Community Affairs Officer) 411 Locust Street, St. Louis, Missouri 63166-2034: *1. First National Bancorp, Inc.* , Green Forest, Arkansas; to acquire additional voting shares, for a total of 9.99 percent of the voting shares of Legacy National Bank, Springdale, Arkansas. **C. Federal Reserve Bank of Dallas** (W. Arthur Tribble, Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272: *1. Relationship Financial Corporation* ; to become a bank holding company by acquiring 100 percent of the voting shares of Guadalupe National Bank, both of Kerrville, Texas (in organization). Board of Governors of the Federal Reserve System, January 23, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-1383 Filed 1-25-08; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare and Medicaid Services [Document Identifier: CMS-10210] Emergency Clearance: Public Information Collection Requirements Submitted to the Office of Management and Budget
(OMB)AGENCY: Center for Medicare and Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare and Medicaid Services (CMS), Department of Health and Human Services, is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:
(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;
(2)the accuracy of the estimated burden;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. We are, however, requesting an emergency review of the information collection referenced below. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we have submitted to the Office of Management and Budget
(OMB)the following requirements for emergency review. We are requesting an emergency review because the collection of this information is needed before the expiration of the normal time limits under OMB's regulations at 5 CFR part 1320(a)(2)(ii). This is necessary to ensure compliance with an initiative of the Administration. We cannot reasonably comply with the normal clearance procedures because of an unanticipated event, as stated in 5 CFR 1320.13(a)(2)(ii). 1. *Type of Information Collection Request:* Revision of a currently approved collection; *Title of Information Collection:* Additional Quality Measures and Procedures for Hospital Reporting of Quality Data for the FY 2009 IPPS Annual Payment Update (Surgical Care Improvement Project & Mortality Measures); *Form Number:* CMS-10210 (OMB#: 0938-1022); *Use:* The approval of this data collection process is essential to meet the requirements of Section 404 of the Medicare Prescription Drug and Modernization Act
(MMA)of 2003 and its applicability to the hospital market basket. This section of the MMA requires the Secretary of Health and Human Services to, “... establish a frequency for revising such [market basket] weights *including the labor share,* in such market basket to reflect the most current data available more frequently than every five years.” This information is used by Quality Improvement Organizations
(QIOs)to identify opportunities for improvement, and to effectively target quality improvement initiatives in order to meet the statutory requirements for QIOs. The information will be made available to hospitals for their use in internal quality improvement initiatives. The information is used by CMS to direct its contractors to focus on particular areas of improvement, and to develop quality improvement initiatives. Most importantly, this information is available to beneficiaries, as well as to the public in general, to provide hospital information to assist them in making decisions about their health care. CMS conducts focus groups or market testing prior to public reporting hospital quality data on the Hospital Compare Web site. For FY 2008, we propose to add the HCAHPS Survey to the measure set. For FY 2009, the set of measures for the RHQDAPU program will consist of measures previously approved through the PRA process, as well as additional measures identified through this rulemaking. We propose to add the following additional measures for FY 2009: Pneumonia 30-day Mortality (Medicare patients); SCIP Infection 4: Cardiac Surgery Patients with Controlled 6AM Postoperative Serum Glucose; SCIP Infection 6: Surgery Patients with Appropriate Hair Removal. These three measures were recently endorsed by the National Quality Forum
(NQF)and will be added to the set. All of these measures have been approved by the Hospital Quality Alliance
(HQA)for inclusion in the national voluntary hospital reporting set, and are fully specified and included in The Joint Commission *Specifications Manual for National Hospital Quality Measures.* The measures offer important additions to our understanding of patient outcomes (mortality) and patient safety efforts, and could help encourage additional systems change in hospitals in the areas of pneumonia care and surgical services. *Frequency:* Recordkeeping, reporting, third-party disclosure—quarterly; *Affected Public:* Business or other for-profit, not-for-profit; *Number of Respondents:* 3,700; *Total Annual Responses:* 3,700; *Total Annual Hours:* 806,250. CMS is requesting OMB review and approval of this collection by February 29, 2008, with a 180-day approval period. Written comments and recommendations will be considered from the public if received by the individuals designated below by February 25, 2008. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS' Web Site address at *http://www.cms.hhs.gov/regulations/pra* or E-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov,* or call the Reports Clearance Office on
(410)786-1326. In commenting on the proposed information collections please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in one of the following ways by February 27, 2008. 1. *Electronically.* You may submit your comments electronically to *http://www.regulations.gov.* Follow the instructions for “Comment or Submission” or “More Search Options” to find the information collection document(s) accepting comments. 2. *By regular mail.* You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Attention: Document Identifier/OMB Control Number _____, Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. and, OMB Human Resources and Housing Branch, Attention: Carolyn Lovett, New Executive Office Building, Room 10235, Washington, DC 20503, Fax Number:
(202)395-6974. Dated: January 18, 2008. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E8-1361 Filed 1-25-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-10255, CMS-10112, CMS-R-148 and CMS-287-05] Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Centers for Medicare & Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services
(CMS)is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:
(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;
(2)the accuracy of the estimated burden;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. 1. *Type of Information Collection Request:* New collection; *Title of Information Collection:* Evaluation of Care and Disease Management Under Medicare Advantage. *Use:* CMS is conducting an evaluation of care and disease management programs under Medicare Advantage (MA), which includes a survey of all MA plans. The survey will help describe the structure and operation of these programs. The survey will gather information about MA health plans' care and disease management programs that is not available from other sources, such as relations with health providers, the use of electronic data systems, characteristics of care and disease management programs, population served, physician intervention, differences with regular MA plans and special needs plans, and evidence of effectiveness and assessment of costs. Information is collected through a one-time, self-administered mail questionnaire. *Form Number:* CMS-10255 (OMB# 0938-New); *Frequency:* Once; *Affected Public:* Private sector-Business or other for-profit and Not-for-profit institutions; *Number of Respondents:* 475; *Total Annual Responses:* 475; *Total Annual Hours:* 435. 2. *Type of Information Collection Request:* Extension without change of a currently approved collection; *Title of Information Collection:* Phone Surveys of Products and Services for Medicare Payment Validation and Supporting Regulations in 42 CFR 405.502. *Use:* The phone surveys of products and services for Medicare payment validation and supporting regulations in 42 CFR 405.502 will be used to identify specific products/services provided to Medicare beneficiaries and the costs associated with the provision of those products/services. The information collected will be used to validate the Medicare payment amounts for those products/services and institute revisions of payment amounts where necessary. The respondents will be the companies that have provided the product/service under review to Medicare beneficiaries. *Form Number:* CMS-10112 (OMB# 0938-0939); *Frequency:* Occasionally; *Affected Public:* Private sector-Business or other for-profit; *Number of Respondents:* 4,000; *Total Annual Responses:* 4,000; *Total Annual Hours:* 16,000. 3. *Type of Information Collection Request:* Extension without change of a currently approved collection; *Title of Information Collection:* Limitations on Provider Related Donations and Health Care Related Taxes; Limitation on Payments for Disproportionate Share Hospitals and Supporting Regulations in 42 CFR 433.68, 433.74 and 447.272; *Use:* This information collection is necessary to ensure compliance with Sections 1903 and 1923 of the Social Security Act for the purpose of preventing payments of Federal financial participation on amounts prohibited by statute. *Form Number:* CMS-R-148 (OMB# 0938-0618); *Frequency:* Quarterly and occasionally; *Affected Public:* State, Local or Tribal Governments; *Number of Respondents:* 50; *Total Annual Responses:* 40; *Total Annual Hours:* 3,200. 4. *Type of Information Collection Request:* Extension without change of a currently approved collection; *Title of Information Collection:* Chain Home Office Cost Statement and supporting Regulations in 42 CFR 413.17 and 413.20; *Use:* The Form CMS-287-05 is filed annually by Chain Home Offices to report the information necessary for the determination of Medicare reimbursement to components of chain organizations. However, where providers are components of chain organizations, information included in the chain home office cost statement is in addition to that included in the provider cost report and is needed to determine whether payments are appropriate. *Form Number:* CMS-287-05 (OMB# 0938-0202); *Frequency:* Yearly; *Affected Public:* Business or other for-profit and Not-for-profit institutions; *Number of Respondents:* 1,345; *Total Annual Responses:* 1,345; *Total Annual Hours:* 626,770. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS' Web site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995,* or E-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov* , or call the Reports Clearance Office on
(410)786-1326. In commenting on the proposed information collections please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in one of the following ways by March 28, 2008. 1. *Electronically.* You may submit your comments electronically to *http://www.regulations.gov.* Follow the instructions for “Comment or Submission” or “More Search Options” to find the information collection document(s) accepting comments. 2. *By regular mail.* You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Attention: Document Identifier/OMB Control Number _____, Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Dated: January 18, 2008. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E8-1363 Filed 1-25-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare and Medicaid Services [CMS-3195-N] Medicare Program; Request for Nominations for Members of the Medicare Evidence Development and Coverage Advisory Committee (MedCAC) AGENCY: Centers for Medicare and Medicaid Services (CMS), HHS. ACTION: Notice. SUMMARY: This notice announces the request for nominations for consideration for membership on the Medicare Evidence Development and Coverage Advisory Committee (MedCAC). We are requesting nominations for both voting and nonvoting members to serve on the MedCAC. Nominees are selected based upon their individual qualifications and not as representatives of professional associations or societies. We have a special interest in ensuring that women, minority groups, and physically challenged individuals are adequately represented on the MedCAC. Therefore, we encourage nominations of qualified candidates from these groups. The MedCAC reviews and evaluates medical literature, reviews technology assessments, and examines data and information on the effectiveness and appropriateness of medical items and services that are covered or eligible for coverage under Medicare. The MedCAC advises the Secretary of the Department of Health and Human Services (the Secretary) and the Administrator of the Centers for Medicare and Medicaid Services (CMS), as requested by the Secretary, whether medical items and services are reasonable and necessary under Title XVIII of the Social Security Act. DATES: Nominations will be considered if postmarked by 5 p.m., d.s.t. on March 10, 2008 and sent to the designated address provided in the ADDRESSES section of this notice. ADDRESSES: You may mail nominations for membership to: Centers for Medicare and Medicaid Services, Office of Clinical Standards and Quality, Attention: Maria A. Ellis, 7500 Security Blvd., Mail Stop: 1-09-06, Baltimore, MD 21244. FOR FURTHER INFORMATION CONTACT: Maria Ellis, Executive Secretary for MedCAC, Centers for Medicare and Medicaid Services OCSQ-Coverage and Analysis Group, C1-09-06, 7500 Security Blvd., Baltimore, MD 21244. 410-786-0309; *Maria.Ellis@cms.hhs.gov* . SUPPLEMENTARY INFORMATION: I. Background On December 14, 1998, we published a notice in the **Federal Register** (63 FR 68780) announcing the establishment of the Medicare Coverage Advisory Committee (MCAC). The Secretary signed the initial charter for the Medicare Coverage Advisory Committee on November 24, 1998. In January 2007, CMS redesignated the MCAC to the Medicare Evidence Development and Coverage Advisory Committee (MedCAC). The charter was renewed by the Secretary and will terminate on November 23, 2008, unless renewed again by the Secretary. The MedCAC is governed by provisions of the Federal Advisory Committee Act, (Pub. L. 92-463), as amended (5 U.S.C. App. 2), which sets forth standards for the formulation and use of advisory committees, and is authorized by section 222 of the Public Health Service Act as amended (42 U.S.C. 217a). The MedCAC consists of a maximum of 100 appointed members. Of these, a maximum of 88 members are at-large standing voting members. Six of the 88 at-large voting member positions are reserved for patient advocates. The remaining 12 are nonvoting members (6 that represent consumer interests and 6 that represent industry interests). Members are selected by the Secretary or designee from among the following areas: Clinical and administrative medicine; biologic and physical sciences; public health administration; patient advocacy; health care data and information management and analysis; health care economics; medical ethics; and other related professions. Members are invited to serve a 2-year term with the option of a 2-year extension. A Chair and Vice-Chair are appointed from the pool of at-large members. The Chair and Vice-Chair serve 1-year terms and may not serve more than 2 consecutive years in their respective capacities. The Committee works from an agenda provided by the Designated Federal Official that lists specific issues, develops technical advice to assist us in determining reasonable and necessary applications of medical services and technology when we make national coverage decisions for Medicare, and advises CMS as part of the Medicare coverage evidence development activities. II. Provisions of the Notice The terms of 38 MedCAC members have expired. Of these 3 are nonvoting consumer representatives, 1 is a nonvoting industry representative, and 4 are voting patient advocates. Therefore, we are soliciting nominations to fill these positions. All nominations must be accompanied by curricula vitae. Nomination packages must be sent to the contact listed in the ADDRESSES section of this notice. Nominees for voting membership must have expertise and experience in one or more of the following fields: • Clinical medicine of all specialties. • Administrative medicine. • Public health. • Patient advocacy. • Biologic and physical sciences. • Health care data and information management and analysis. • The economics of health care. • Medical ethics. • Other related professions such as epidemiology, biostatistics, and methodology of clinical trial design. Our most critical need is for experts in ophthalmology and orthopedic surgery including treatment of fractures and knee, hip and other joint replacements. We also need experts in psychopharmacology, Bayesian clinical trial methodology, clinical epidemiology, registries, rheumatology, screening and diagnostic testing analysis, stroke and stroke epidemiology, biostatistics in clinical settings, cardiovascular epidemiology, cost effectiveness analysis, dementia, endocrinology, geriatrics, gynecology, minority health, observational research design, and women's health. The nomination letter must include a statement that the nominee is willing to serve as a member of the MedCAC and appears to have no conflict of interest that would preclude membership. We are requesting that all curricula vitae include the following: • Date of birth. • Place of birth. • Social security number. • Title. • Current position. • Professional affiliation. • Home and business address. • Telephone and fax numbers. • E-mail address. • List of areas of expertise. We are requesting that the nomination letter specify whether the individual is being nominated for a voting membership (that is, an at-large member or patient advocate position) or nonvoting membership (that is, consumer representative or industry representative). In order to permit us to evaluate potential sources of conflict of interest potential candidates will be asked to provide detailed information regarding financial holdings, consultancies, and research grants or contracts. Members are invited to serve for overlapping 4-year terms. A member may serve after the expiration of the member's term until a successor takes office. Any interested person may nominate one or more qualified persons. Self-nominations are also accepted. You may obtain a copy of the Secretary's Charter for the MedCAC by submitting a request to the contact listed in the FOR FURTHER INFORMATION CONTACT section of this notice. You may also review the charter online at: *http://www.cms.hhs.gov/FACA/Downloads/medcaccharter.pdf* . Authority: 5 U.S.C. App. 2 Section 10(a)(1) and (a)(2). (Catalog of Federal Domestic Assistance Program No. 93.778, Medicare—Supplementary Medical Insurance Program) Dated: January 18, 2008. Barry M. Straube, Chief Medical Officer and Director, Office of Clinical Standards and Quality, Centers for Medicare & Medicaid Services. [FR Doc. E8-1345 Filed 1-25-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-1499-N] Medicare Program; Meeting of the Practicing Physicians Advisory Council AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice. SUMMARY: This notice announces a quarterly meeting of the Practicing Physicians Advisory Council (the Council). The Council will meet to discuss certain proposed changes in regulations and manual instructions related to physicians' services, as identified by the Secretary of Health and Human Services (the Secretary). This meeting is open to the public. DATES: *Meeting Date:* Monday, March 3, 2008, from 8:30 a.m. to 5 p.m. e.s.t. *Deadline for Registration without Oral Presentation:* Thursday, February 28, 2008, 12 noon, e.s.t. *Deadline for Registration with Oral Presentations:* Friday, February 15, 2008, 12 noon, e.s.t. *Deadline for Submission of Oral Remarks and Written Comments:* Wednesday, February 20, 2008, 12 noon, e.s.t. *Deadline for Requesting Special Accommodations:* Monday, February 25, 2008, 12 noon, e.s.t. ADDRESSES: *Meeting Location:* The meeting will be held in Room 505A in the Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201. *Submission of Testimony:* Testimonies should be mailed to Kelly Buchanan, Designated Federal Official (DFO), Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Mail stop C4-13-07, Baltimore, MD 21244-1850, or contact the DFO via e-mail at *PPAC@cms.hhs.gov.* FOR FURTHER INFORMATION CONTACT: Kelly Buchanan, DFO,
(410)786-6132, or e-mail *PPAC@cms.hhs.gov.* News media representatives must contact the CMS Press Office,
(202)690-6145. Please refer to the CMS Advisory Committees' Information Line (1-877-449-5659 toll free),
(410)786-9379 local) or the Internet at *http://www.cms.hhs.gov/home/regsguidance.asp* for additional information and updates on committee activities. SUPPLEMENTARY INFORMATION: I. Background In accordance with section 10(a) of the Federal Advisory Committee Act, this notice announces the quarterly meeting of the Practicing Physicians Advisory Council (the Council). The Secretary is mandated by section 1868(a)(1) of the Social Security Act (the Act) to appoint a Practicing Physicians Advisory Council based on nominations submitted by medical organizations representing physicians. The Council meets quarterly to discuss certain proposed changes in regulations and manual instructions related to physician services, as identified by the Secretary. To the extent feasible and consistent with statutory deadlines, the Council's consultation must occur before **Federal Register** publication of the proposed changes. The Council submits an annual report on its recommendations to the Secretary and the Administrator of the Centers for Medicare & Medicaid Services
(CMS)not later than December 31 of each year. The Council consists of 15 physicians, including the Chair. Members of the Council include both participating and nonparticipating physicians, and physicians practicing in rural and underserved urban areas. At least 11 members of the Council must be physicians as described in section 1861(r)(1) of the Act; that is, State-licensed doctors of medicine or osteopathy. The remaining 4 members may include dentists, podiatrists, optometrists, and chiropractors. Members serve for overlapping 4-year terms. Section 1868(a)(2) of the Act provides that the Council meet quarterly to discuss certain proposed changes in regulations and manual issuances that relate to physicians' services, identified by the Secretary. Section 1868(a)(3) of the Act provides for payment of expenses and per diem for Council members in the same manner as members of other advisory committees appointed by the Secretary. In addition to making these payments, the Department of Health and Human Services and CMS provide management and support services to the Council. The Secretary will appoint new members to the Council from among those candidates determined to have the expertise required to meet specific agency needs in a manner to ensure appropriate balance of the Council's membership. The Council held its first meeting on May 11, 1992. The current members are: Anthony Senagore, M.D., Chairperson; Jose Azocar, M.D.; M. Leroy Sprang, M.D.; Karen S. Williams, M.D.; Peter Grimm, D.O.; Jonathon E. Siff, M.D., MBA; John E. Arradondo, M.D., MPH; Helena Wachslicht Rodbard, M.D.; Vincent J. Bufalino, M.D.; Tye J. Ouzounian, M.D.; Geraldine O'Shea, D.O.; Arthur D. Snow, Jr., M.D.; Gregory J. Przybylski, M.D.; Jeffrey A. Ross, DPM, M.D.; and Roger L. Jordan, O.D. II. Meeting Format and Agenda The meeting will commence with the Council's Executive Director providing a status report, and the CMS responses to the recommendations made by the Council at the December 3, 2007 meeting, as well as prior meeting recommendations. Additionally, an update will be provided on the Physician Regulatory Issues Team. In accordance with the Council charter, we are requesting assistance with the following agenda topics: • Recovery Audit Contractors
(RAC)Update. • National Provider Indentifier
(NPI)Update. • Hospital and Physician Quality Measures. For additional information and clarification on these topics, contact the DFO as provided in the FOR FURTHER INFORMATION CONTACT section of this notice. Individual physicians or medical organizations that represent physicians wishing to present a 5-minute oral testimony on agenda issues must register with the DFO by the date listed in the DATES section of this notice. Testimony is limited to agenda topics only. The number of oral testimonies may be limited by the time available. A written copy of the presenter's oral remarks must be submitted to the DFO for distribution to Council members for review before the meeting by the date listed in the DATES section of this notice. Physicians and medical organizations not scheduled to speak may also submit written comments to the DFO for distribution by the date listed in the DATES section of this notice. III. Meeting Registration and Security Information The meeting is open to the public, but attendance is limited to the space available. Persons wishing to attend this meeting must register by contacting the DFO at the address listed in the ADDRESSES section of this notice or by telephone at
(410)786-6132 by the date specified in the DATES section of this notice. Since this meeting will be held in a Federal Government Building, the Hubert H. Humphrey Building, Federal security measures are applicable. In planning your arrival time, we recommend allowing additional time to clear security. In order to gain access to the building, participants will be required to show a government-issued photo identification (for example, driver's license, or passport), and must be listed on an approved security list before persons are permitted entrance. Persons not registered in advance will not be permitted into the Hubert H. Humphrey Building and will not be permitted to attend the Council meeting. All persons entering the building must pass through a metal detector. In addition, all items brought to the Hubert H. Humphrey Building, whether personal or for the purpose of presentation, are subject to inspection. We cannot assume responsibility for coordinating the receipt, transfer, transport, storage, set-up, safety, or timely arrival of any personal belongings or items used for the purpose of presentation. Individuals requiring sign language interpretation or other special accommodation must contact the DFO via the contact information specified in the FOR FUTHER INFORMATION CONTACT section of this notice by the date listed in the DATES section of this notice. Authority: (Section 1868 of the Social Security Act (42 U.S.C. 1395ee) and section 10(a) of Pub. L. 92-463 (5 U.S.C. App. 2, section 10(a)).) Dated: January 17, 2008. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E8-1347 Filed 1-25-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request *Title:* Court Improvement Program New Grants. *OMB No.:* 0970-0307. *Description:* The President signed the Deficit Reduction Act of 2005, Public Law 109-171, into law on February 8, 2006. The law authorizes and appropriates funds for two new grants under the Court Improvement Program in title IV-B, section 438 of the Social Security Act. The highest State court in a State with an approved title IV-E plan is eligible to apply for either or both of the new grants. The new grants are for the purposes of:
(1)Ensuring that the needs of children are met in a timely and complete manner through improved case tracking and analysis of child welfare cases; and
(2)Training judges, attorneys, and other legal personnel in child welfare cases; and conducting cross-training with child welfare agency staff and contractors. The statute requires separate applications for these two new grants. The annual burden estimates below describe the estimated burden for the two new grants. ACF collects information from the States about their work under these grants (applications, program reports) by way of a Program Instruction issued on June 15, 2006. This Program Instruction describes the programmatic and fiscal provisions and reporting requirements for each of the grants, specifies the application submittal and approval procedures for the grants for fiscal years 2006 through 2010, and identifies technical resources for use by State courts during the course of the grants. The agency uses the information received to ensure compliance with the statute and provide training and technical assistance to the grantees. *Respondents:* State Courts. Annual Burden Estimates Instrument Number of respondents Number of responses per respondent Average burden hours per response Total burden hours Application 52 2 40 4,160 Annual Program Report 52 2 36 3,744 *Estimated Total Annual Burden Hours:* 7,904. Additional Information Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Administration, Office of Information Services, 370 L'Enfant Promenade, SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. All requests should be identified by the title of the information collection. E-mail address: *infocollection@acf.hhs.gov.* OMB Comment OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the **Federal Register** . Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork Reduction Project, Fax: 202-395-6974, Attn: Desk Officer for the Administration for Children and Families. Dated: January 18, 2008. Janean Chambers, Reports Clearance Officer. [FR Doc. 08-324 Filed 1-25-08; 8:45 am]
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Traces to 24 documents
U.S. Code
- Records maintained on individuals§ 552a
- Technical data§ 3013
- Open meetings§ 552b
- Findings, policy, and intent§ 2601
- Confidential information§ 2613
- Purposes§ 3501
- Definitions§ 601
- Establishment, functions, and activities§ 272
- Assessments§ 1817
- Definitions§ 1841
- Acquisition of bank shares or assets§ 1842
- Interests in nonbanking organizations§ 1843
- Advisory councils or committees§ 217a
- Practicing Physicians Advisory Council; Council for Technology and Innovation§ 1395ee
register
16 references not yet in our index
- Pub. L. 108-375
- 32 CFR 505
- 18 CFR 34
- 40 CFR 720.3(r)
- Pub. L. 108-153
- Pub. L. 104-4
- Pub. L. 104-113
- 47 CFR 1.415
- 12 CFR 225
- 5 CFR 1320(a)(2)(ii)
- 5 CFR 1320.13(a)(2)(ii)
- 42 CFR 405.502
- 42 CFR 433.68
- 42 CFR 413.17
- Pub. L. 92-463
- Pub. L. 109-171
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Pub. L.Pub. L. 108-375
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