Notices. Notice

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

BILLING CODE 6560-50-M ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2007-1204; FRL-8348-4] Notice of Filing of a Pesticide Petition for Residues of Pesticide Chemicals in or on Various Commodities AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the initial filing of a pesticide petition proposing the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities. DATES: Comments must be received on or before February 29, 2008. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2007-1204 and the pesticide petition number ( *PP 7F7290* ), by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket’s normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2007-1204. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket* : All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is

(703)305-5805. FOR FURTHER INFORMATION CONTACT: Alan Reynolds, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)605-0515; e-mail address: *reynolds.alan@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). 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. 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. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. What Action is the Agency Taking? EPA is printing notice of the filing of a pesticide petition received under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, proposing the establishment or modification of regulations in 40 CFR part 180 for residues of pesticide chemicals in or on various food commodities. EPA has determined that the pesticide petition described in this notice contains data or information regarding the elements set forth in FFDCA section 408(d)(2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the pesticide petition. Additional data may be needed before EPA rules on this pesticide petition. Pursuant to 40 CFR 180.7(f), a summary of the petition included in this notice, prepared by the petitioner, is included in a docket EPA has created for this rulemaking. The docket for this petition is available on-line at *http://www.regulations.gov* . New Exemption from Tolerance *PP 7F7290* . Syngenta Seeds, Inc., 3054 East Cornwallis Road, P.O. Box 12257, Research Triangle Park, NC 27709, proposes to establish an exemption from the requirement of a tolerance for residues of the plant-incorporated protectant, *Bacillus thuringiensis* modified Cry1Ab protein containing an additional 26 amino acid “Geiser motif” in all crops and agricultural commodities. The petition includes a reference to a description of the analytical methods available to EPA for the detection and measurement of the pesticide chemical residues or an explanation of why no such method is needed. List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements. Dated: January 17, 2008. W. Michael McDavit, Acting Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs. [FR Doc. E8-1545 Filed 1-29-08; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2008-0027; FRL-8522-6] Proposed Approval of the Transuranic Waste Characterization Program at the Hanford Site AGENCY: Environmental Protection Agency. ACTION: Notice of availability; opening of public comment period. SUMMARY: The Environmental Protection Agency (EPA or we) is announcing the availability of, and soliciting public comments for 45 days on, the proposed approval of the radioactive, contact-handled (CH), transuranic

(TRU)waste characterization program implemented at the Hanford Site in Richland, Washington. This waste is intended for disposal at the Waste Isolation Pilot Plant

(WIPP)in New Mexico. In accordance with the WIPP Compliance Criteria, EPA evaluated the characterization of CH TRU debris and solid waste from Hanford during an inspection conducted the week of June 4, 2007. Using the systems and processes developed as part of the U.S. Department of Energy's (DOE's) Carlsbad Field Office

(CBFO)program, EPA verified whether DOE could adequately characterize CH TRU waste consistent with the Compliance Criteria. The results of EPA's evaluation of Hanford's program and its proposed approval are described in the Agency's inspection report, which is available for review in the public dockets listed in ADDRESSES . We will consider public comments received on or before the due date mentioned in DATES . This notice summarizes the waste characterization processes evaluated by EPA and EPA's proposed approval. As required by 40 CFR 194.8, at the end of a 45-day comment period EPA will evaluate public comments received, and if appropriate, finalize the reports responding to the relevant public comments, and issue a final report and approval letter to DOE. DATES: Comments must be received on or before March 17, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2008-0027, by one of the following methods: • *http://www.regulations.gov* : Follow the on-line instructions for submitting comments. • *E-mail:* To *a-and-r-docket@epa.gov* . • *Fax:* 202-566-1741. • *Mail:* Air and Radiation Docket and Information Center, Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. *Instructions:* Direct your comments to Attn: Docket ID No. EPA-HQ-OAR-2008-0027. The Agency's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., 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* . These documents are also available for review in hard-copy form at the following three EPA WIPP informational docket locations in New Mexico: in Carlsbad at the Municipal Library, Hours: Monday-Thursday, 10 a.m.-9 p.m., Friday-Saturday, 10 a.m.-6 p.m., and Sunday, 1 p.m.-5 p.m., phone number: 505-885-0731; in Albuquerque at the Government Publications Department, Zimmerman Library, University of New Mexico, Hours: vary by semester, phone number: 505-277-2003; and in Santa Fe at the New Mexico State Library, Hours: Monday-Friday, 9 a.m.-5 p.m., phone number: 505-476-9700. As provided in EPA's regulations at 40 CFR part 2, and in accordance with normal EPA docket procedures, if copies of any docket materials are requested, a reasonable fee may be charged for photocopying. FOR FURTHER INFORMATION CONTACT: Rajani Joglekar or Ed Feltcorn, Radiation Protection Division, Center for Federal Regulations, Mail Code 6608J, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, Washington, DC 20460; telephone number: 202-343-9601; fax number: 202-343-2305; e-mail address: *joglekar.rajani@epa.gov* or *feltcorn.ed@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. What Should I Consider As I Prepare My Comments For EPA? 1. *Submitting CBI.* Do not submit this information to EPA through *http://www.regulations.gov* or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for Preparing Your Comments.* When submitting comments, remember to: • Identify the rulemaking by docket number and other identifying information (subject heading, **Federal Register** date and page number). • Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(CFR)part or section number. • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. II. Background DOE is developing the WIPP, near Carlsbad in southeastern New Mexico, as a deep geologic repository for disposal of TRU radioactive waste. As defined by the WIPP Land Withdrawal Act

(LWA)of 1992 (Pub. L. 102-579), as amended (Pub. L. 104-201), TRU waste consists of materials that have atomic numbers greater than 92 (with half-lives greater than twenty years), in concentrations greater than 100 nanocuries of alpha-emitting TRU isotopes per gram of waste. Much of the existing TRU waste consists of items contaminated during the production of nuclear weapons, such as rags, equipment, tools, and sludges. TRU waste is itself divided into two categories, based on its level of radioactivity. Contact-handled

(CH)TRU waste accounts for about 97 percent of the volume of TRU waste currently destined for the WIPP. It is packaged in 55-gallon metal drums or in metal boxes and can be handled under controlled conditions without any shielding beyond the container itself. The maximum radiation dose at the surface of a CH TRU waste container is 200 millirems per hour. CH waste primarily emits alpha particles that are easily shielded by a sheet of paper or the outer layer of a person's skin. Remote-handled

(RH)TRU waste emits more radiation than CH TRU waste and must therefore be both handled and transported in shielded casks. Surface radiation levels of unshielded containers of remote-handled transuranic waste exceed 200 millirems per hour. RH waste primarily emits gamma radiation, which is very penetrating and requires concrete, lead, or steel to block it. On May 13, 1998, EPA issued a final certification of compliance for the WIPP facility. The final rule was published in the **Federal Register** on May 18, 1998 (63 FR 27354). EPA officially recertified WIPP on March 29, 2006 (71 FR 18015). Both the certification and recertification determined that WIPP complies with the Agency's radioactive waste disposal regulations at 40 CFR part 191, subparts B and C, and is therefore safe to contain TRU waste. The final WIPP certification decision includes conditions that

(1)prohibit shipment of TRU waste for disposal at WIPP from any site other than the Los Alamos National Laboratories

(LANL)until the EPA determines that the site has established and executed a quality assurance program, in accordance with §§ 194.22(a)(2)(i), 194.24(c)(3), and 194.24(c)(5) for waste characterization activities and assumptions (Condition 2 of Appendix A to 40 CFR part 194); and

(2)(with the exception of specific, limited waste streams and equipment at LANL) prohibit shipment of TRU waste for disposal at WIPP (from LANL or any other site) until EPA has approved the procedures developed to comply with the waste characterization requirements of § 194.22(c)(4) (Condition 3 of Appendix A to 40 CFR part 194). The EPA's approval process for waste generator sites is described in § 194.8 (revised July 2004). Condition 3 of the WIPP Certification Decision requires EPA to conduct independent inspections at DOE's waste generator/storage sites of their TRU waste characterization capabilities before approving their program and the waste for disposal at the WIPP. EPA's inspection and approval process gives EPA

(a)discretion in establishing technical priorities,

(b)the ability to accommodate variation in the site's waste characterization capabilities, and

(c)flexibility in scheduling site WC inspections. As described in section 194.8(b), EPA's baseline inspections evaluate each WC process component (equipment, procedures, and personnel training/experience) for its adequacy and appropriateness in characterizing TRU waste destined for disposal at WIPP. During an inspection, the site demonstrates its capabilities to characterize TRU waste(s) and its ability to comply with the regulatory limits and tracking requirements under § 194.24. A baseline inspection may describe any limitations on approved waste streams or waste characterization processes [§ 194.8(b)(2)(iii)]. In addition, a baseline inspection approval must specify what subsequent WC program changes or expansion should be reported to EPA [§ 194.8(b)(4)]. The Agency is required to assign Tier 1

(T1)and Tier 2

(T2)to the reportable changes depending on their potential impact on data quality. A T1 designation requires that the site must notify EPA of proposed changes to the approved components of an individual WC process (such as radioassay equipment or personnel), and EPA must also approve the change before it can be implemented. A WC element with a T2 designation allows the site to implement changes to the approved components of individual WC processes (such as visual examination procedures) but requires EPA notification. The Agency may choose to inspect the site to evaluate technical adequacy before approval. EPA inspections conducted to evaluate T1 or T2 changes are follow-up inspections under the authority of § 194.24(h). In addition to the follow-up inspections, if warranted, EPA may opt to conduct continued compliance inspections at TRU waste sites with a baseline approval under the authority of § 194.24(h). The site inspection and approval process outlined in § 194.8 requires EPA to issue a **Federal Register** notice proposing the baseline compliance decision, docket the inspection report for public review, and seek public comment on the proposed decision for a period of 45 days. The report must describe the WC processes EPA inspected at the site, as well as their compliance with § 194.24 requirements. III. Proposed Baseline Compliance Decision EPA has performed a baseline inspection of CH TRU waste characterization

(WC)activities at Hanford (EPA Inspection No. EPA-HAN-6.07-8). The purpose of EPA's inspection was to verify that the waste characterization program implemented at Hanford for characterizing CH TRU, retrievably-stored, debris and solid waste is technically adequate and meets the regulatory requirements at 40 CFR 194.24. During the inspection, EPA evaluated the adequacy of the site's WC programs for two CH TRU waste categories, debris (S5000) and solids (S3000), to be disposed of at the WIPP. The Agency examined the following activities: • Acceptable knowledge

(AK)for CH TRU debris waste (S5000) and solid waste (S3000) and AK for CH, repackaged debris waste (S5000) from the Plutonium Finishing Plant (PFP). • Visual examination

(VE)in lieu of real-time radiography

(RTR)for CH TRU debris waste (S5000) and solid waste (S3000) and Visual Examination Technique

(VET)for CH, repackaged debris waste from the PFP. • RTR for CH TRU debris waste (S5000) and solid waste (S3000). • Nondestructive assay

(NDA)systems at the Waste Receiving and Processing

(WRAP)Facility for characterizing debris (S5000) and solid (S3000) wastes: the Gamma Energy Analysis Units A and B (GEA A and GEA B); the Pajarito Imaging Passive Active Neutron Units A and B (IPAN A and IPAN B); and the Super High Efficiency Neutron Counter A (SHENCA). • NDA systems at the plutonium Finishing Plant

(PFP)for characterizing debris waste (S5000): Calorimeters AR-1, AR-5, P-13, P-14 and Q-1 in conjunction with the Room 172 Segmented Gamma Scanner Assay System (SGSAS). • WIPP Waste Information System

(WWIS)for tracking the components of CH retrievably-stored TRU debris waste (S5000) and solid waste (S3000). During the inspection, Hanford personnel stated that load management will never be performed at the site and EPA did not evaluate this aspect during the inspection [see section 8.1(5) of the inspection report]. Therefore, this proposed approval does *not* include load management for Hanford. The EPA inspection team determined that the Hanford WC program for CH TRU waste was technically adequate. EPA is proposing to approve the Hanford CH TRU WC program in the configuration observed during this inspection and described in this report and the attached checklists (Attachments A.1 through A.9). This proposed approval includes the following:

(1)The AK process for CH TRU debris and solid wastes and for newly-generated debris wastes.

(2)The WRAP GEA Units A and B for assaying solid and debris wastes.

(3)The WRAP IPAN Units A and B for assaying solid and debris waste.

(4)The WRAP SHENCA system for assaying solid and debris wastes.

(5)The PFP Calorimeters AR-1, AR-5, P-13, P-14 and Q-1 in conjunction with the Room 172 SGSAS for assaying debris wastes.

(6)The nondestructive examination

(NDE)process of RTR for solid and debris wastes.

(7)VE in lieu of the RTR process for retrievably-stored solid and debris wastes and VET of newly-generated debris wastes.

(8)The WWIS process for tracking of waste contents of solid and debris wastes Hanford must report and receive EPA approval of any Tier 1

(T1)changes to the Hanford WC activities from the date of the baseline inspection, and must notify EPA regarding Tier 2

(T2)changes according to Table 1, below. It is worth noting that Table 1 in this report closely follows the format used in the previous CH baseline approval report of Los Alamos National Laboratory—Central Characterization Project (LANL-CCP) (see EPA Docket No. A-98-49, II-A4-88). This format departs from what was used in baseline inspection reports and EPA site approval letters prior to LANL-CCP in several ways, as detailed in the LANL-CCP report and repeated here. The most important of these differences involves presentation of the T2 elements. In previous reports, there were two T2 columns that have been merged into a single T2 column for Hanford. The T2 column entries have also been modified to better reflect the 40 CFR 194.24(h) requirements that the site provide notification regarding the completion or availability of specific T2 elements, whereas the previous tables stated that the site must actually provide the T2 elements (document or procedure revisions, etc.). This approach is similar to the tiering tables used in EPA reports for sites characterizing remote-handled TRU waste. Additionally, there are other minor word changes to the table for the sake of legibility. Table 1. Tiering of TRU WC Processes Implemented by Hanford Based on June 4-7 and 27, 2007 On-Site Baseline Inspection WC process elements Hanford WC T1 changes Hanford WC T2 changes* Acceptable Knowledge

(AK)and Load Management Implementation of load management; AK

(5)Notification to EPA upon completion of AK Accuracy Reports; AK (2). New waste streams created as a result of combining or separating previously distinct waste streams; AK

(6)Notification to EPA upon completion of updates to or substantive modifications****of the following: —AK Summaries/Waste Stream Profile Forms (WSPFs) and AK Documentation Reports; AK

(16)—AK-NDA Communication changes; AK

(3)—Changes to site procedure WMP 400.7.1.9; AK (4). Categories of waste not approved under this baseline inspection (e.g., soil/gravel, newly-generated solids including K Basin waste); AK

(16)Notification to EPA upon generation of new WSPFs, AK summaries and AK documentation reports; AK (16). Nondestructive Assay

(NDA)New equipment or physical modifications to approved equipment**; NDA (1)*** Extension or changes to approved calibration range for approved equipment; NDA (2)*** Notification to EPA upon completion of changes to software for approved equipment, operating range(s) and site procedures that require CBFO approval; NDA (2)***. Real-Time Radiography

(RTR)N/A Notification to EPA upon the following: —Implementation of new equipment or substantive changes****to approved equipment; RTR

(1)—Completion of changes to site procedures requiring CBFO approval; RTR (2). Visual Examination

(VE)and Visual Examination Technique

(VET)N/A Notification to EPA upon the following: —Completion of changes to site VE and VET procedures requiring CBFO approval; VE

(1)and VET

(1)—Addition of new Summary Category Group

(SCG)or waste stream(s); VE

(2)and VET (2). WIPP Waste Information System

(WWIS)Implementation of load management; WWIS

(4)Notification to EPA upon the completion of changes to WWIS procedure(s) requiring CBFO approval; WWIS (1). * Upon receiving EPA approval in this action, Hanford will report all T2 changes to EPA at the end of each fiscal year quarter. ** Modifications to approved equipment include all changes with the potential to affect NDA data relative to waste isolation and exclude minor changes, such as the addition of safety-related equipment. *** These are discussed in Sections

(1)and

(2)of the section for each NDA system, i.e., 8.2.1 for WRAP GEA Units A & B, 8.2.2 for WRAP IPAN Units A & B, 8.2.3 for WRAP SHENCA and 8.2.4 for PFP Calorimeters and the Room 172 SGSAS. **** Substantive changes means changes with the potential to impact the site's waste characterization activities or documentation thereof, excluding changes that are solely related to Environmental Safety & Health (ES&H), nuclear safety, the Resource Conservation and Recovery Act

(RCRA)or are editorial in nature. IV. Availability of the Baseline Inspection Report for Public Comment EPA has placed the report discussing the results of the Agency's inspection of the Hanford Site in the public docket as described in ADDRESSES . In accordance with 40 CFR 194.8, EPA is providing the public 45 days to comment on these documents. The Agency requests comments on the proposed approval decision, as described in the inspection report. EPA will accept public comment on this notice and supplemental information as described in section 1.B. above. EPA will not make a determination of compliance before the 45-day comment period ends. At the end of the public comment period, EPA will evaluate all relevant public comments and revise the inspection report as necessary. If appropriate, the Agency will then issue a final approval letter and inspection report, both of which will be posted on the WIPP Web site. Information on the certification decision is filed in the official EPA Air Docket, Docket No. A-93-02 and is available for review in Washington, DC, and at the three EPA WIPP informational docket locations in New Mexico (as listed in ADDRESSES ). The dockets in New Mexico contain only major items from the official Air Docket in Washington, DC, plus those documents added to the official Air Docket since the October 1992 enactment of the WIPP LWA. Dated: January 18, 2008. Elizabeth Cotsworth, Director, Office of Radiation and Indoor Air. [FR Doc. E8-1658 Filed 1-29-08; 8:45 am] BILLING CODE 6560-50-P FEDERAL ELECTION COMMISSION [Notice 2008-1] Rules of Procedure AGENCY: Federal Election Commission. ACTION: Notice of Rules of Procedure. SUMMARY: The Federal Election Commission is revising its written rules for conducting its activities to provide for the circumstance when the Commission has fewer than four Members. Further information is provided in the supplementary information that follows. FOR FURTHER INFORMATION CONTACT: Associate General Counsel Lawrence L. Calvert, 999 E Street, NW., Washington, DC 20463,

(202)694-1650 or

(800)424-9530. SUPPLEMENTARY INFORMATION: Under 2 U.S.C. 437c(e) the Commission “shall prepare written rules for the conduct of its activities.” In 1978, the Commission adopted Directive 10 to fulfill this statutory obligation. *See Rules of Procedures,* 43 FR 31433, (July 21, 1978). On December 20, 2007, the Commission adopted revisions to Directive 10, which added new section L, to provide rules of conduct when the Commission has fewer than four Members. The Commission is publishing the revised Directive 10 below in accordance with 2 U.S.C. 437c(e). For the convenience of the reader, the entire text of Directive 10 is set forth below including sections A through K, which have not been published in the **Federal Register** since 1978. Directive 10 A. Meetings The Commission shall meet at least once every month and also at the call of any Member, pursuant to U.S.C. 437c(d). 1. For the purpose of these rules, the word Member means a Commissioner appointed by the President with the advice and consent of the Senate pursuant to 2 U.S.C. 437c(a)(1). 2. For the purpose of these rules, the word meeting means the collegiate deliberation of at least four Members of the Commission pursuant to 2 U.S.C. 437c(d). B. Quorum Four Members of the Commission shall constitute a quorum for the consideration and resolution of matters that involve the exercise of its duties and powers under the Federal Election Campaign Act of 1971 as amended and Chapters 95 and 96 of the Internal Revenue Code of 1954 (the Act). If less than four Members of the Commission are present at any time during a Commission meeting, the Chairman shall declare a temporary recess until a quorum is again present at which time the meeting may resume. C. Presiding Officer 1. The Chairman of the Commission shall be the presiding officer over meetings of the Commission. 2. He or she shall call meetings to order. 3. The Vice-Chairman shall act as presiding officer in the absence or disability of the Chairman or in the event of a vacancy in the office of Chairman. In the absence of the Chairman and Vice-Chairman, the Members of the Commission present shall select a presiding officer, to act during the absence of the Chairman and Vice-Chairman. D. Introduction of Business 1. Meetings of the Commission shall be called to order by the Chairman. 2. The Chairman shall ascertain the presence of a quorum before proceeding with the business of any meeting. 3. All business before the Commission shall be brought by the presiding officer. E. Motions 1. Any motion shall be reduced to writing at the request of any Member of the Commission. 2. Any motion may be withdrawn or modified by the movant at any time before it is amended or voted upon. 3. Any principal or secondary motion that exercises a duty or power of the Commission under the Act shall require four votes for approval. 4. Any motion to adjourn or recess shall require a majority vote of at least three Members of the Commission for approval. 5. Any principal or secondary motion regarding a procedural matter shall require a majority vote of at least three Members of the Commission for approval. 6. For the purpose of these rules, a procedural motion is any matter not exercising the powers of the Commission under the Federal Election Campaign Act, as amended or Chapter 95 or 96 of the Internal Revenue Code of 1954, including but not limited to any motion to delay a vote on a matter to any subsequent meeting; or any motion requesting a status report; or directing further studies, information and reports from the General Counsel, the Staff Director or any division thereof; or any motion to waive the timely submission requirement for circulation of material for the agenda of the Commission. 7. Motions to Consider The introduction of a principal motion puts a matter before the Commission for deliberation. When any such matter is under debate the Chairman shall entertain no motion except:

(a)A motion to adjourn.

(b)A motion to recess.

(c)A motion to call for the order of the day.

(d)Motion to Reconsider. The effect of the adoption of a motion to reconsider is to place before the Commission again the question on which the vote to reconsider was taken in the exact position in which it was before the original vote. Four votes are necessary to adopt a motion to reconsider. It is in order for any such motion to be offered by a member who was on the prevailing side of the question when it was initially adopted.

(e)A motion to lay a matter over. Any such motion shall require a majority vote of at least three members of the Commission; at least three votes will be required for any subsequent motion to take any such matter from the table. Any such motion shall be undebatable. Any such matter which is laid on the table pursuant to these rules shall be taken from the table pursuant to these rules at the next subsequent meeting or the matter dies. In order to table any agenda item which was placed on the agenda for a particular meeting by a Member of the Commission who is absent at that meeting a vote of a majority of at least three members of the Commission is required for approval. A motion to lay a matter over takes precedence over any motion to move the previous question.

(f)A motion to postpone consideration of a matter to a date certain. Any such motion shall require a majority vote of at least three members of the Commission.

(g)A motion to move the previous question.

(h)A motion in the nature of a substitute.

(i)A motion to amend. Any motion to amend takes precedence over the motion that it proposes to amend but is subordinate to all other motions. The effect of the foregoing is that the adoption of any such motion to amend does not result in the adoption of the motion to be amended; instead, that motion remains pending in its modified form. Rejection of a motion to amend leaves the pending motion as it was before the amendment was offered. F. Personal Privilege Any Commissioner may as a matter of personal privilege obtain recognition to speak upon any subject matter which in his or her judgment may affect the Commission or the Commissioner. G. General Consent In cases where there appear to be no opposition, the Chairman may state that in the absence of objection, action shall be considered taken on a matter. H. Members Subsequently Recorded as Voting Whenever any Member of the Commission who was absent when a vote was taken subsequently requests consent to be recorded as having voted on the matter, he or she shall place the reason for his or her absence on the record. Any such request shall be in order only on the same day on which the vote was taken. I. Points of Order Points of order shall be debatable at the discretion of the chair. Any Member of the Commission may appeal any decision of the chair but for any such appeal to prevail it must receive a majority vote of at least three Members of the Commission. J. Proxies No vote by any Member of the Commission with respect to any matter may be cast by proxy; 2 U.S.C. 437c(c). K. Miscellany Any parliamentary situation or circumstance not addressed in these Rules shall be governed by *Roberts Rules of Order, Newly Revised* or if not covered therein by a decision of the Chairman. Any Member of the Commission may appeal any such decision of the Chair but for any such appeal to prevail it must receive a majority vote of at least three Members of the Commission. L. Special Rules To Apply Only When the Commission Has Fewer Than Four Members When the Commission has fewer than four Members, all of the foregoing provisions of this directive shall apply, except as follows: 1. Notwithstanding section A.2 of this directive, the word “meeting” shall mean the collegiate deliberation of two or more Members. 2. Notwithstanding section B of this directive, all Members of the Commission must be present to constitute a quorum for the consideration or resolution of any matter. If any Member of the Commission is absent at any time during a Commission meeting, the Chairman shall automatically declare a temporary recess (notwithstanding the absence of a call for a quorum) until a quorum is again present at which time the meeting may resume. 3. When these special rules are in effect, the Commission may discuss any matter otherwise in order for discussion pursuant to the other provisions of this Directive. However, the Commission may not act on any matter except for the following:

(a)Documents such as *Campaign Guides* and any other brochures or public education materials that may customarily be voted on by the Commission;

(b)Notices of filing dates, including filing dates for special elections;

(c)Any action otherwise requiring Commission approval with respect to FEC Conferences or invitations for public appearances;

(d)Election of which Members shall serve as chairman and vice chairman solely for the period during which the Commission has fewer than four Members, provided that in each instance that there is a Member eligible to hold the position pursuant to the eligibility requirements of 2 U.S.C. 437c(a)(5);

(e)Appointment of an acting general counsel, an acting staff director, an acting chief financial officer or an acting inspector general, approval of temporary personnel actions at the GS-15 level and above, and approval of other personnel actions;

(f)Budget estimates or requests for concurrent submission to the President and Congress, and other budget related matters requiring Commission approval;

(g)Minutes of previous meetings;

(h)Non-filer notices issued pursuant to 2 U.S.C. 438(a)(7);

(i)Debt settlement plans pursuant to 11 CFR Part 116;

(j)Administrative terminations pursuant to 11 CFR 102.4 and Commission Directive 45;

(k)Systems of Records Notices pursuant to the Privacy Act;

(l)Policies, procedures and directives pursuant to the Privacy Act or Section 522 of the Consolidated Appropriations Act, 2005;

(m)Agency head review of labor-management agreements;

(n)Any other action where a statute imposes a duty of “agency head review” on the Commission;

(o)Appeals under the Freedom of Information and Privacy Acts;

(p)Sunshine Act recommendations for items on an agenda;

(q)Contracts;

(r)The FEC Management Plan, pursuant to OMB Circular A-123 and the Federal Managers' Financial Integrity Act;

(s)Corrective action plans prepared in response to audits both financial and non-financial pursuant to FEC Directive 50 and/or the Accountability of Tax Dollars Act; or,

(t)EEO-related **Federal Register** notices. 4. Notwithstanding any provision of sections E, I or K of this directive, approval of any motion or appeal properly before the Commission under this section L shall require the affirmative vote of a majority of the Members of the Commission. However, if such majority comprises exclusively the affirmative votes of Members affiliated with the same political party (or Members whose positions are aligned for the purpose of nomination by the President), then the motion or appeal shall be deemed not approved. 5. Section H of this directive shall not be operative during any period in which these special rules are in effect. Dated: January 24, 2008. David M. Mason, Chairman, Federal Election Commission. [FR Doc. E8-1565 Filed 1-29-08; 8:45 am] BILLING CODE 6715-01-P FEDERAL MARITIME COMMISSION Notice of Agreement Filed The Commission hereby gives notice of the filing of the following agreement under the Shipping Act of 1984. Interested parties may submit comments on the agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the **Federal Register** . Copies of the agreement are available through the Commission's Office of Agreements (202-523-5793 or *tradeanalysis@fmc.gov* ). *Agreement No.:* 201177. *Title:* Marine Terminal Services Agreement between Port of Houston Authority and Hapag-Lloyd AG. *Parties:* Port of Houston Authority and Hapag-Lloyd AG. *Filing Party:* Erik A. Eriksson, Esq.; General Counsel; Port of Houston Authority; P.O. Box 2562; Houston, TX 77252. *Synopsis:* The agreement sets discounted rates and charges applicable to Hapag-Lloyd's container vessels calling at the port's facilities. Dated: January 24, 2008. By Order of the Federal Maritime Commission. Karen V. Gregory, Assistant Secretary. [FR Doc. E8-1575 Filed 1-29-08; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Applicants Notice is hereby given that the following applicants have filed with the Federal Maritime Commission an application for license as a Non-Vessel Operating Common Carrier and Ocean Freight Forwarder—Ocean Transportation Intermediary pursuant to section 19 of the Shipping Act of 1984 as amended (46 U.S.C. Chapter 409 and 46 CFR part 515). Persons knowing of any reason why the following applicants should not receive a license are requested to contact the Office of Transportation Intermediaries, Federal Maritime Commission, Washington, DC 20573. Non-Vessel Operating Common Carrier Ocean Transportation Intermediary Applicants Air Eagle Logistics Inc., 15506 Roper Avenue, Norwalk, CA 90650. *Officer:* Yin Yan Wu, President, (Qualifying Individual). World Cargo Service, Inc., 6905 NW 73 Court, Miami, FL 33166. *Officers:* Luis A. Marquez, Logistics Manager, (Qualifying Individual), Gregorio Zambrano, President. Quality International Shipping, Inc., 1043 East 223rd Street, Bronx, NY 10466. *Officer:* Alphanso I. Jackson, President, (Qualifying Individual). Global Business Link Inc., 2009 Cedar Barn Way, Windsor Mill, MD 21244. *Officers:* Wael Y. Ghanem, Vice President, (Qualifying Individual), Abudullah W. Alsawi, President. Yaseen Trading and Investment Inc., dba Yaseen Shipping, 2547 South Main Street, Santa Ana, CA 92707. *Officers:* Tareq K. Elbarq, President, (Qualifying Individual), Haya K. Elrarq, Treasurer. SBB International Shipping LLC, 100 Plaza Drive, Ste. 100, Secaucus, NJ 07094. *Officers:* Susan Marme, Secretary, (Qualifying Individual), Daniel L. Vesque, Vice President. Ultra Air Cargo Inc., 20900 Normandie Avenue, Ste. B, Torrance, CA 90502. *Officer:* David Li Hsu, President, (Qualifying Individual). AO Container Lines Inc., 419 N. Oak Street, Inglewood, CA 90302. *Officers:* Spencer Ho, Vice President, (Qualifying Individual), Alex Chan, President. Non-Vessel Operating Common Carrier and Ocean Freight Forwarder Transportation Intermediary Applicants Deployed Logistics, Inc., 1547 Avenida Salvador, San Clemente, CA 92672. *Officers:* Kevin D. McCarlton, CEO, (Qualifying Individual), Richard Stapleton, Director. Global International Traders, Inc. dba GIT, 7255 N.W. 88th Street, Miami, FL 33166. *Officers:* Ricardo Ortiz, President, (Qualifying Individual), Terrie DeRouen, Vice President. C.T. Freight USA Inc., c/o Aeronet Worldwide, 21023 Main St., Bldg. E2, Carson, CA 90745. *Officers:* Leslie Osborn, General Manager, (Qualifying Individual). MBC Latinamerican Group, Corp., 2801 N.W. 74th Avenue, Miami, FL 33122. *Officers:* Martha S. Baptista, President, (Qualifying Individual). Avion Shipping Corp. dba Shipping, 154-09 146th Avenue, Jamaica, NY 11434. *Officers:* Ana M. Lanfranco, Secretary, (Qualifying Individual), Massimo Giordano, President. Ocean One Shipping Inc., 16972 Wabash Avenue, Yorba Linda, CA 92886. *Officer:* Joe Castano, President, (Qualifying Individual). B A Hill Corporation, 40 Atlantic Avenue, Cohasset, MA 02025. *Officer:* Brian A. Hill, President, (Qualifying Individual). Continental Shipping Inc., 11950 New Kings Road, Jacksonville, FL 32219. *Officers:* Anne Cheri Hogan, Exec. V. President, (Qualifying Individual), Suzanne Kostenski, President. Panobulk Logistics, Inc., 1971 W. 190th Street, Torrance, CA 90504. *Officers:* Eun Y. Chun, General Manager, (Qualifying Individual), Alex B. Lee, Manager. Japan Express America Inc., 370 Shaw Road, So. San Francisco, CA 94080. *Officers:* Masahiro Naka, Secretary, (Qualifying Individual), Ryo Hijikata, Chairman. BA Capital Venture Firm, Inc. dba Cres Global dba Phantom Logistics, Transportation and Distribution, 8660 N.W. 6 Lane, Miami, FL 33126. *Officers:* Alba Diaz, Secretary, (Qualifying Individual), Brandy Abre, President. Royal Pacific Shipping, Inc., 58 Leslie Street, Newark, NJ 07108. *Officers:* Atta Boamah, President, (Qualifying Individual), Alice Boamah, Secretary. Freights USA Inc., 12903 Old Richmond Rd., Ste. A, Houston, TX 77099. *Officers:* Hanaa M. Hussein, President, (Qualifying Individual). NYK Logistics (Americas) Inc. dba Double Wing Express, 8295 Tournament Drive, Ste. 150, Memphis, TN 38125. *Officers:* Karen Quintana, Vice President, (Qualifying Individual), Tetsuichi Nozaki, Director. Translink Global Shipping, Inc., 15020 Bothell Way NE., Ste. 100, Seattle, WA 98155. *Officer:* Sam H. Chen, President, (Qualifying Individual). Ocean Freight Forwarder—Ocean Transportation Intermediary Applicants MMI Logistics & Forwarding, 1006 Sable Drive, Friendswood, TX 77546, Karen Crain, Sole Proprietor. Autocorolla, 3333 N.W. 27 Avenue, Miami, FL 33142. *Officer:* Ramon A. Ceballos Green, Director, (Qualifying Individual). Milan Freight Express Corp., 8901 NW 34 Avenue Road, Miami, FL 33147. *Officers:* Vladimir A. Rojas, Vice President, (Qualifying Individual), Braulio Milan, President. Platinum Cargo Logistics Inc., 871 E. Artesia Blvd., Carson, CA 90746. *Officers:* Kelli Spiri, President, (Qualifying Individual), William Mancini, Vice Pres. Operations. MDM Forwarding L.L.C., 482 S. Elm Street, Maywood, NJ 07607. *Officer:* Marianela Capellan, Managing Member, (Qualifying Individual). Middle-East Air Cargo Inc., 83 Gordon Street, Elk Grove Village, IL 60007. *Officer:* Sadeddin Lambaz, President, (Qualifying Individual). International Trade Compliance Group, LLC, 101 North Riverside Dr., Suite 203, Pompano Beach, FL 33062. *Officers:* Raul A. Villavicencencio, Vice President, (Qualifying Individual), Michael A. Capuzzi, Managing Member. Dated: January 24, 2008. Karen V. Gregory, Assistant Secretary. [FR Doc. E8-1576 Filed 1-29-08; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application 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 Cleveland** (Douglas A. Banks, Vice President) 1455 East Sixth Street, Cleveland, Ohio 44101-2566: *1. Premier Financial Bancorp, Huntington, West Virginia;* to acquire 100 percent of the voting shares of Citizens First Bank, Inc., Ravenswood, West Virginia. *2. Premier Financial Bancorp Huntington, West Virginia;* to acquire 100 percent of Traders Bankshares, Inc., Spencer West Virginia, and thereby indirectly acquire Traders Bank, Spencer, West Virginia. **B. Federal Reserve Bank of San Francisco** (Tracy Basinger, Director, Regional and Community Bank Group) 101 Market Street, San Francisco, California 94105-1579: *1. UCBH Holdings, Inc., San Francisco, California;* to acquire up to 6.52 percent of the voting shares of First American International Corporation, and thereby indirectly acquire First American International Bank, both of Brooklyn, New York. Board of Governors of the Federal Reserve System, January 25, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-1610 Filed 1-29-08; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency for Healthcare Research and Quality Notice of Meetings In accordance with section 10(d) of the Federal Advisory Committee Act as amended (5 U.S.C., Appendix 2), the Agency for Healthcare Research and Quality

(AHRQ)announces meetings of scientific peer review groups. The subcommittees listed below are part of the Agency's Health Services Research Initial Review Group Committee. The subcommittee meetings will be closed to the public in accordance with the Federal Advisory Committee Act, section 10(d) of 5 U.S.C., Appendix 2 and 5 U.S.C. 552b(c)(6). Grant applications are to be reviewed and discussed at these meetings. These discussions are likely to involve information concerning individuals associated with the applications, including assessments of their personal qualifications to conduct their proposed projects. This information is exempt from mandatory disclosure under the above-cited statutes. *1. Name of Subcommittee:* Health Care Quality and Effectiveness Research. *Date:* February 26, 2008 (Open from 8 a.m. to 8:15 a.m. on February 26 and closed for remainder of the meeting). *Place:* Agency for Healthcare Research and Quality (AHRQ). John Eisenberg Conference Center, 540 Gaither Road, Rockville, Maryland 20850. *2. Name of Subcommittee:* Health Care Technology and Decision Sciences. *Date:* February 28, 2008 (Open from 8 a.m. to 8:15 a.m. on February 28 and closed for remainder of the meeting). *Place:* Agency for Healthcare Research and Quality (AHRQ). John Eisenberg Conference Center, 540 Gaither Road, Rockville, Maryland 20850. *3. Name of Subcommittee:* Health Care Research Training. *Date:* March 6-7, 2008 (Open from 9 a.m. to 9:15 a.m. on March 6 and closed for remainder of the meeting). *Place:* Agency for Healthcare Research and Quality (AHRQ). John Eisenberg Conference Center, 540 Gaither Road, Rockville, Maryland 20850. *4. Name of Subcommittee:* Health Systems Research. *Date:* March 6, 2008 (Open from 8 a.m. to 8:15 a.m. on March 6 and closed for remainder of the meeting). *Place:* Agency for Healthcare Research and Quality (AHRQ). John Eisenberg Conference Center, 540 Gaither Road, Rockville, Maryland 20850. *Contact Person:* Anyone wishing to obtain a roster of members, agenda or minutes of the nonconfidential portions of the meetings should contact Mrs. Bonnie Campbell, Committee Management Officer, Office of Extramural Research, Education and Priority Populations, AHRQ, 540 Gaither Road, Suite 2000, Rockville, Maryland 20850, Telephone

(301)427-1554. Agenda items for these meetings are subject to change as priorities dictate. Dated: January 22, 2008. Carolyn M. Clancy, Director. [FR Doc. 08-388 Filed 1-29-08; 8:45 am]

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