Rules and Regulations. Notice of proposed rulemaking (NPRM)

65,048 words·~296 min read·/register/2008/02/19/08-765

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

BILLING CODE 3510-22-C 73 33 Tuesday, February 19, 2008 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0178; Directorate Identifier 2007-NM-366-AD] RIN 2120-AA64 Airworthiness Directives; Bombardier Model DHC-8-400 Series Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive

(AD)for the products listed above. This proposed AD results from mandatory continuing airworthiness information

(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Bombardier Aerospace has completed a system safety review of the aircraft fuel system against fuel tank safety standards * * *. [A]ssessment showed that supplemental maintenance tasks [inspections of various fuel system components such as shields, harnesses, sleeves, and sealant] are required to prevent potential ignition sources inside the fuel system, which could result in a fuel tank explosion. * * * The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by March 20, 2008. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to *http://www.regulations.gov* . Follow the instructions for submitting comments. • Fax:

(202)493-2251. • Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* ; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone

(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Rocco Viselli, Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone

(516)228-7331; fax

(516)794-5531. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0178; Directorate Identifier 2007-NM-366-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to *http://www.regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2007-33, dated December 17, 2007 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: Bombardier Aerospace has completed a system safety review of the aircraft fuel system against fuel tank standards introduced in Chapter 525 of the Airworthiness Manual through Notice of Proposed Amendment

(NPA)2002-043. The identified non-compliances were then assessed using Transport Canada Policy Letter No. 525-001, to determine if mandatory corrective action is required. The assessment showed that supplemental maintenance tasks [inspections of various fuel system components such as shields, harnesses, sleeves, and sealant] are required to prevent potential ignition sources inside the fuel system, which could result in a fuel tank explosion. Revision has been made to Part 2 “Airworthiness Limitation Items” of the DHC-8-400 Maintenance Requirements Manual to introduce the required maintenance tasks. The corrective action is revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. You may obtain further information by examining the MCAI in the AD docket. The FAA has examined the underlying safety issues involved in fuel tank explosions on several large transport airplanes, including the adequacy of existing regulations, the service history of airplanes subject to those regulations, and existing maintenance practices for fuel tank systems. As a result of those findings, we issued a regulation titled “Transport Airplane Fuel Tank System Design Review, Flammability Reduction and Maintenance and Inspection Requirements” (66 FR 23086, May 7, 2001). In addition to new airworthiness standards for transport airplanes and new maintenance requirements, this rule included Special Federal Aviation Regulation No. 88 (“SFAR 88,” Amendment 21-78, and subsequent Amendments 21-82 and 21-83). Among other actions, SFAR 88 requires certain type design (i.e., type certificate

(TC)and supplemental type certificate (STC)) holders to substantiate that their fuel tank systems can prevent ignition sources in the fuel tanks. This requirement applies to type design holders for large turbine-powered transport airplanes and for subsequent modifications to those airplanes. It requires them to perform design reviews and to develop design changes and maintenance procedures if their designs do not meet the new fuel tank safety standards. As explained in the preamble to the rule, we intend to adopt airworthiness directives to mandate any changes found necessary to address unsafe conditions identified as a result of these reviews. In evaluating these design reviews, we have established four criteria intended to define the unsafe conditions associated with fuel tank systems that require corrective actions. The percentage of operating time during which fuel tanks are exposed to flammable conditions is one of these criteria. The other three criteria address the failure types under evaluation: Single failures, single failures in combination with a latent condition(s), and in-service failure experience. For all four criteria, the evaluations included consideration of previous actions taken that may mitigate the need for further action. We have determined that the actions identified in this AD are necessary to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. Relevant Service Information Bombardier has issued Temporary Revision ALI-69, dated February 9, 2007, to Section 4, “Fuel System Limitations,” of Part 2, “Airworthiness Limitations Items,”

(AWL)of the Bombardier Dash 8 Q400 Maintenance Requirements Manual Product Support Manual

(PSM)1-84-7. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. This proposed AD would also allow accomplishing the AWL revision in accordance with later revisions of the Maintenance Requirements Manual as an acceptable method of compliance if the limit or interval is part of a later approved Maintenance Requirements Manual revision or the limit or interval is approved as an alternative method of compliance

(AMOC)in accordance with the procedures specified in paragraph

(g)of this proposed AD. In most ADs, we adopt a compliance time allowing a specified amount of time after the AD's effective date. In this case, however, the FAA has already issued regulations that require operators to revise their maintenance/inspection programs to address fuel tank safety issues. The compliance date for these regulations is December 16, 2008. To provide for coordinated implementation of these regulations and this proposed AD, we are using this same compliance date in this proposed AD. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the proposed AD. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 38 products of U.S. registry. We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $3,040, or $80 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **Bombardier, Inc. (Formerly de Havilland, Inc.):** Docket No. FAA-2008-0178; Directorate Identifier 2007-NM-366-AD. Comments Due Date

(a)We must receive comments by March 20, 2008. Affected ADs

(b)None. Applicability

(c)This AD applies to all Bombardier Model DHC-8-400, DHC-8-401, and DHC-8-402 airplanes, certificated in any category, all serial numbers. Note 1: This AD requires revisions to certain operator maintenance documents to include new inspections. Compliance with these inspections is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections, the operator may not be able to accomplish the inspections described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph

(g)of this AD. The request should include a description of changes to the required inspections that will ensure the continued operational safety of the airplane. Subject

(d)Air Transport Association

(ATA)of America Code 28: Fuel. Reason

(e)The mandatory continuing airworthiness information

(MCAI)states: Bombardier Aerospace has completed a system safety review of the aircraft fuel system against fuel tank standards introduced in Chapter 525 of the Airworthiness Manual through Notice of Proposed Amendment

(f)Unless already done, do the following actions.

(1)Within 60 days after the effective date of this AD, or before December 16, 2008, whichever occurs first, revise the ALS of the Instructions for Continued Airworthiness to incorporate the inspection requirements of Bombardier Temporary Revision ALI-69, dated February 9, 2007, to Section 4, “Fuel System Limitations,” of Part 2, “Airworthiness Limitations Items,” of the Bombardier Dash 8 Q400 Maintenance Requirements Manual Product Support Manual

(PSM)1-84-7 (“the TR to the MRM”). For all fuel system limitations tasks contained in the TR to the MRM, the initial compliance times start from the later of the times specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, and the repetitive inspections must be accomplished thereafter at the interval specified in the TR to the MRM, except as provided by paragraphs (f)(2) and (g)(1) of this AD. Note 2 : The actions required by paragraph (f)(1) of this AD may be done by inserting a copy of Bombardier TR ALI-69 into the Airworthiness Limitations section of the Dash 8 Q400 MRM 1-84-7. When this TR has been included in general revisions of the MRM, the general revisions may be inserted in the PSM, provided the relevant information in the general revision is identical to that in Bombardier TR ALI-69.

(i)The effective date of this AD.

(ii)The date of issuance of the original Canadian standard airworthiness certificate or the date of issuance of the original Canadian export certificate of airworthiness.

(2)After accomplishing the actions specified in paragraph (f)(1) of this AD, no alternative inspections or inspection intervals may be used unless the inspections or inspection intervals are part of a later revision of Bombardier Dash 8 Q400 MRM, PSM 1-84-7, Revision 4, dated October 30, 2003, that is approved by the Manager, New York Aircraft Certification Office (ACO), FAA, or Transport Canada Civil Aviation

(TCCA)(or its delegated agent); or unless the inspections or inspection intervals are approved as an alternative method of compliance

(AMOC)in accordance with the procedures specified in paragraph (g)(1) of this AD. FAA AD Differences Note 3: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions

(g)The following provisions also apply to this AD:

(1)Alternative Methods of Compliance (AMOCs): The Manager, New York ACO, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Rocco Viselli, Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone

(516)228-7331; fax

(516)794-5531. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector

(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

(2)Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

(3)Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget

(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information

(h)Refer to MCAI Canadian Airworthiness Directive CF-2007-33, dated December 17, 2007, and Temporary Revision ALI-69, dated February 9, 2007, to Section 4, “Fuel System Limitations,” of Part 2, “Airworthiness Limitations Items” (AWL), of the Bombardier Dash 8 Q400 Maintenance Requirements Manual Product Support Manual

(PSM)1-84-7. Issued in Renton, Washington, on February 11, 2008. Stephen P. Boyd, Assistant Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-2997 Filed 2-15-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0179; Directorate Identifier 2007-NM-367-AD] RIN 2120-AA64 Airworthiness Directives; Bombardier Model DHC-8-102, DHC-8-103, DHC-8-106, DHC-8-201, DHC-8-202, DHC-8-301, DHC-8-311, and DHC-8-315 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive

(AD)for the products listed above. This proposed AD results from mandatory continuing airworthiness information

(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Bombardier Aerospace has completed a system safety review of the aircraft fuel system against fuel tank safety standards * * *. [A]ssessment showed that supplemental maintenance tasks [inspections of fuel tank bonding jumpers, wiring harnesses, and drain valve components, among other items and actions; and applicable corrective actions] are required to prevent potential ignition sources inside the fuel system, which could result in a fuel tank explosion. * * * The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by March 20, 2008. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* . Follow the instructions for submitting comments. • *Fax:*

(202)493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* ; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone

(516)228-7331; fax

(516)794-5531. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0179; Directorate Identifier 2007-NM-367-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to *http://www.regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2007-32, dated December 17, 2007 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: Bombardier Aerospace has completed a system safety review of the aircraft fuel system against fuel tank standards introduced in Chapter 525 of the Airworthiness Manual through Notice of Proposed Amendment

(NPA)2002-043. The identified non-compliances were then assessed using Transport Canada Policy Letter No. 525-001, to determine if mandatory corrective action is required. The assessment showed that supplemental maintenance tasks [inspections of fuel tank bonding jumpers, wiring harnesses, and drain valve components, among other items and actions; and applicable corrective actions] are required to prevent potential ignition sources inside the fuel system, which could result in a fuel tank explosion. Revisions have been made to Part 2 “Airworthiness Limitations List” of the DHC-8 Maintenance Program Manuals to introduce the required maintenance tasks. The corrective action is revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. You may obtain further information by examining the MCAI in the AD docket. The FAA has examined the underlying safety issues involved in fuel tank explosions on several large transport airplanes, including the adequacy of existing regulations, the service history of airplanes subject to those regulations, and existing maintenance practices for fuel tank systems. As a result of those findings, we issued a regulation titled “Transport Airplane Fuel Tank System Design Review, Flammability Reduction and Maintenance and Inspection Requirements” (66 FR 23086, May 7, 2001). In addition to new airworthiness standards for transport airplanes and new maintenance requirements, this rule included Special Federal Aviation Regulation No. 88 (“SFAR 88,” Amendment 21-78, and subsequent Amendments 21-82 and 21-83). Among other actions, SFAR 88 requires certain type design (i.e., type certificate

(TC)and supplemental type certificate (STC)) holders to substantiate that their fuel tank systems can prevent ignition sources in the fuel tanks. This requirement applies to type design holders for large turbine-powered transport airplanes and for subsequent modifications to those airplanes. It requires them to perform design reviews and to develop design changes and maintenance procedures if their designs do not meet the new fuel tank safety standards. As explained in the preamble to the rule, we intended to adopt airworthiness directives to mandate any changes found necessary to address unsafe conditions identified as a result of these reviews. In evaluating these design reviews, we have established four criteria intended to define the unsafe conditions associated with fuel tank systems that require corrective actions. The percentage of operating time during which fuel tanks are exposed to flammable conditions is one of these criteria. The other three criteria address the failure types under evaluation: Single failures, single failures in combination with a latent condition(s), and in-service failure experience. For all four criteria, the evaluations included consideration of previous actions taken that may mitigate the need for further action. We have determined that the actions identified in this AD are necessary to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. Relevant Service Information Bombardier (de Havilland) has issued temporary revisions

(TRs)to Part 2 “Airworthiness Limitations List”

(AWL)of the de Havilland Dash 8 Series Maintenance Program Manuals (MPMs). The TRs are listed in the table titled “TRs to the DHC-8 MPMs.” TRs to the DHC-8 MPMs MPM TR Nos. TR date Dash 8 Series 100 Product Support Manual 1-8-7 AWL-110 August 31, 2007. Dash 8 Series 200 Product Support Manual 1-82-7 AWL 2-43 August 31, 2007. Dash 8 Series 300 Product Support Manual 1-83-7 AWL 3-109 August 31, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. This proposed AD would also allow accomplishing the AWL revision in accordance with later revisions of the Maintenance Program Manual

(MPM)as an acceptable method of compliance if the limit or interval is part of a later approved MPM revision or the limit or interval is approved as an alternative method of compliance

(AMOC)in accordance with the procedures specified in paragraph

(g)of this proposed AD. In most ADs, we adopt a compliance time allowing a specified amount of time after the AD's effective date. In this case, however, the FAA has already issued regulations that require operators to revise their maintenance/inspection programs to address fuel tank safety issues. The compliance date for these regulations is December 16, 2008. To provide for coordinated implementation of these regulations and this proposed AD, we are using this same compliance date in this proposed AD. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a Note within the proposed AD. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 122 products of U.S. registry. We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $9,760, or $80 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **Bombardier, Inc. (Formerly de Havilland, Inc.):** Docket No. FAA-2008-0179; Directorate Identifier 2007-NM-367-AD. Comments Due Date

(a)We must receive comments by March 20, 2008. Affected ADs

(b)None. Applicability

(c)This AD applies to all Bombardier Model DHC-8-102, DHC-8-103, DHC-8-106, DHC-8-201, DHC-8-202, DHC-8-301, DHC-8-311, and DHC-8-315 airplanes, certificated in any category, all serial numbers. Note 1: This AD requires revisions to certain operator maintenance documents to include new inspections. Compliance with these inspections is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections, the operator may not be able to accomplish the inspections described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph

(g)of this AD. The request should include a description of changes to the required inspections that will ensure the continued operational safety of the airplane. Subject

(d)Air Transport Association

(ATA)of America Code 28: Fuel. Reason

(e)The mandatory continuing airworthiness information

(f)Unless already done, do the following actions.

(1)Within 60 days after the effective date of this AD, or before December 16, 2008, whichever occurs first, revise the Airworthiness Limitations Section

(ALS)of the Instructions for Continued Airworthiness to incorporate the fuel system limitations tasks identified in the de Havilland temporary revisions

(TRs)to Part 2 “Airworthiness Limitations List” of the Dash 8 Series Maintenance Program Manuals (“the MPMs”). The TRs are listed in Table 1 of this AD. For the tasks identified in the TRs, the initial compliance times start from the later of the times specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, and the repetitive inspections must be accomplished thereafter at the interval specified in the TRs to the MPM, except as provided by paragraphs (f)(2), (f)(3), (f)(4), and (g)(1) of this AD.

(i)The effective date of this AD.

(ii)The date of issuance of the original Canadian standard airworthiness certificate or the date of issuance of the original Canadian export certificate of airworthiness. Table 1.—Temporary Revisions Model de Havilland TR Maintenance Program Manual

(MPM)DHC-8-102, DHC-8-103, and DHC-8-106 airplanes AWL-110, dated August 31, 2007 Dash 8 Series 100 MPM, Product Support Manual

(PSM)1-8-7, Part 2, “Airworthiness Limitations List”. DHC-8-201, and DHC-8-202 airplanes AWL 2-43, dated August 31, 2007 Dash 8 Series 200 MPM, PSM 1-82-7, Part 2, “Airworthiness Limitations List”. DHC-8-301, DHC-8-311, and DHC-8-315 airplanes AWL 3-109, dated August 31, 2007 Dash 8 Series 300 MPM, PSM 1-83-7, Part 2, “Airworthiness Limitations List”. Note 2: The actions required by paragraph (f)(1) of this AD may be done by inserting a copies of the applicable TR listed in Table 1 of this AD into the Airworthiness Limitations section of the applicable MPM listed in Table 1 of this AD. When the applicable TR has been included in general revisions of the applicable MPM, the general revisions may be inserted in the MPM, provided the relevant information in the general revision is identical to that in the applicable TR.

(2)For airplanes that have accumulated 4,000 total flight hours, or 24 months since new as of the effective date of this AD: For those tasks with 6,000 flight hours/36 month inspection intervals, do the initial inspection within 2,000 flight hours or 12 months after the effective date of this AD, whichever occurs first. Thereafter, repeat the inspection at intervals not to exceed 6,000 flight hours or 36 months, whichever occurs first.

(3)For airplanes that have accumulated 12,000 total flight hours, or 72 months since new as of the effective date of this AD: For those tasks with 18,000 flight hours/108 month inspection intervals, do the initial inspection within 6,000 flight hours or 36 months after the effective date of this AD, whichever occurs first. Thereafter, repeat the inspection at intervals not to exceed 18,000 flight hours or 108 months, whichever occurs first.

(4)After accomplishing the actions specified in paragraphs (f)(1), (f)(2), and (f)(3) of this AD, no alternative inspections or inspection intervals may be used unless the inspections or inspection intervals are part of a later revision of Part 2 “Airworthiness Limitations List” of the applicable de Havilland Dash 8 Series MPM listed in Table 2 of this AD, that is approved by the Manager, New York Aircraft Certification Office (ACO), FAA, or the Transport Canada Civil Aviation

(TCCA)(or its delegated agent); or unless inspections or inspection intervals are approved as an alternative method of compliance

(AMOC)in accordance with the procedures specified in paragraph (g)(1) of this AD. Table 2.—MPMs Model Maintenance Program Manual

(MPM)DHC-8-102, DHC-8-103, and DHC-8-106 airplanes Dash 8 Series 100 MPM, Product Support Manual

(PSM)1-8-7, Part 2, “Airworthiness Limitations List,” Revision 17, dated April 19, 2005. DHC-8-201, and DHC-8-202 airplanes Dash 8 Series 200 MPM, PSM 1-82-7, Part 2, “Airworthiness Limitations List,” Revision 5, dated August 15, 2001. DHC-8-301, DHC-8-311, and DHC-8-315 airplanes Dash 8 Series 300 MPM, PSM 1-83-7, Part 2, “Airworthiness Limitations List,” Revision 16, dated August 15, 2001. FAA AD Differences Note 3: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions

(g)The following provisions also apply to this AD:

(516)228-7331; fax

(516)794-5531. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector

(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

(3)Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget

(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information

(h)Refer to MCAI Canadian Airworthiness Directive CF-2007-32, dated December 17, 2007, and the temporary revisions listed in Table 1 of this AD. Issued in Renton, Washington, on February 11, 2008. Stephen P. Boyd, Assistant Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-3000 Filed 2-15-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-0111; Airspace Docket No. 08-AAL-2] Proposed Establishment of Class E Airspace; White Hills, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking. SUMMARY: This action proposes to establish Class E airspace at White Hills, AK. Two Special Instrument Approach Procedures

(IAPs)are being developed for the White Hills Airstrip at White Hills, AK. Additionally, a Special textual Obstacle Departure Procedure

(ODP)is being developed. These Special procedures will be for use by the company that has paid for their publication. Adoption of this proposal would result in establishment of Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at the White Hills Airstrip, White Hills, AK. DATES: Comments must be received on or before April 4, 2008. ADDRESSES: Send comments on the proposal to the Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You must identify the docket number FAA-2008-0111/Airspace Docket No. 08-AAL-2, at the beginning of your comments. You may also submit comments on the Internet at *http://www.regulations.gov.* You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527) is on the plaza level of the Department of Transportation NASSIF Building at the above address. An informal docket may also be examined during normal business hours at the office of the Manager, Safety, Alaska Flight Service Operations, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587. FOR FURTHER INFORMATION CONTACT: Gary Rolf, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone number

(907)271-5898; *fax* :

(907)271-2850; *e-mail* : *gary.ctr.rolf@faa.gov.* Internet address: *http://www.alaska.faa.gov/at.* SUPPLEMENTARY INFORMATION: Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2008-0111/Airspace Docket No. 08-AAL-2.” The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of Notice of Proposed Rulemakings (NPRMs) An electronic copy of this document may be downloaded through the Internet at *http://www.regulations.gov.* Recently published rulemaking documents can also be accessed through the FAA's Web page at *http://www.faa.gov* or the Superintendent of Document's Web page at *http://www.access.gpo.gov/nara/index.html.* Additionally, any person may obtain a copy of this notice by submitting a request to the Federal Aviation Administration, Office of Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW., Washington, DC 20591 or by calling

(202)267-8783. Communications must identify both docket numbers for this notice. Persons interested in being placed on a mailing list for future NPRMs should contact the FAA's Office of Rulemaking,

(202)267-9677, to request a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. The Proposal The FAA is considering an amendment to the Code of Federal Regulations (14 CFR Part 71), which would establish Class E airspace at the White Hills Airstrip, in White Hills, AK. The intended effect of this proposal is to establish Class E airspace upward from 700 ft. and 1,200 ft. above the surface to contain Instrument Flight Rules

(IFR)operations at the White Hills Airstrip, White Hills, AK. The FAA Instrument Flight Procedures Production and Maintenance Branch has developed two Special IAPs and a Special ODP for the White Hills Airstrip. The new Special approaches are

(1)the Area Navigation

(RNAV)Global Positioning System

(GPS)Runway

(RWY)04, Original

(Orig)and

(2)the RNAV

(GPS)RWY 22, Orig. Textual ODPs are unnamed and are typically published in the front of the U.S. Terminal Procedures for Alaska. In this case because the procedures have been funded by a private entity, they will not be published. Class E controlled airspace is still required, and would extend upward from 700 ft. and 1,200 ft. above the surface in the White Hills Airstrip area, and would be established by this action. The proposed airspace is sufficient in size to contain aircraft executing the Special IAPs at the White Hills Airstrip, White Hills, AK. The area would be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. The Class E airspace areas designated as 700/1200 foot transition areas are published in paragraph 6005 in FAA Order 7400.9R, *Airspace Designations and Reporting Points,* signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document would be published subsequently in the Order. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and

(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it proposes to create Class E airspace sufficient in size to contain aircraft executing Special instrument procedures at the White Hills Airstrip, AK, and represents the FAA's continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, *Airspace Designations and Reporting Points,* signed August 15, 2007, and effective September 15, 2007, is to be amended as follows: Paragraph 6005 Class E Airspace Extending Upward from 700 feet or More Above the Surface of the Earth. AAL AK E5 White Hills, AK [New] White Hills, White Hills Airstrip, AK (Lat. 69°42′15″ N., long. 149°53′56″ W.) That airspace extending upward from 700 feet above the surface within a 4.5-mile radius of the White Hills Airstrip, and within 1.0 mile either side of the 246°(T) 268°(M) bearing from the White Hills Airstrip, extending from the 4.5-mile radius to 7.0 miles southwest of the White Hills Airstrip, and within 1.0 mile either side of the 067°(T)/089°(M) bearing from the White Hills Airstrip, extending from the 4.5-mile radius to 7.0 miles northeast of the White Hills Airstrip; and that airspace extending upward from 1,200 feet above the surface within a 72-mile radius of the White Hills Airstrip. Issued in Anchorage, AK, on February 8, 2008. Derril D. Bergt, Acting Manager, Alaska Flight Services Information Area Group. [FR Doc. E8-2976 Filed 2-15-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-0037; Airspace Docket No. 07-AWP-6] Proposed Establishment of Low Altitude Area Navigation Routes (T-Routes); Sacramento and San Francisco, CA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to establish four low altitude Area Navigation

(RNAV)routes, designated T-257, T-259, T-261 and T-263 in the Sacramento and San Francisco, CA, terminal areas. T-routes are low altitude Air Traffic Service

(ATS)routes, based on RNAV, for use by aircraft having instrument flight rules (IFR)-approved Global Positioning System (GPS)/Global Navigation Satellite System

(GNSS)equipment. The FAA is proposing this action to enhance safety and improve the efficient use of the navigable airspace in the Sacramento and San Francisco, CA, terminal areas. DATES: Comments must be received on or before April 4, 2008. ADDRESSES: Send comments on this proposal to the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; *telephone:*

(202)366-9826. You must identify FAA Docket No. FAA Docket No. FAA-2008-0037 and Airspace Docket No. 07-AWP-6 at the beginning of your comments. You may also submit comments through the Internet at *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Group, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; *telephone:*

(202)267-8783. SUPPLEMENTARY INFORMATION: Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers (FAA Docket No. FAA Docket No. FAA-2008-0037 and Airspace Docket No. 07-AWP-6) and be submitted in triplicate to the Docket Management Facility (see “ ADDRESSES ” section for address and phone number). You may also submit comments through the Internet at *http://www.regulations.gov.* Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to FAA Docket No. FAA Docket No. FAA-2008-0037 and Airspace Docket No. 07-AWP-6.” The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRMs An electronic copy of this document may be downloaded through the Internet at *http://www.regulations.gov.* Recently published rulemaking documents can also be accessed through the FAA's web page at *http://www.faa.gov* or the Federal Register's web page at *http://www.gpoaccess.gov/fr/index.html.* You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Western Service Center, Air Traffic Organization, Federal Aviation Administration, 1601 Lind Avenue, 15000 SW., Renton, WA 98055. Persons interested in being placed on a mailing list for future NPRM's should contact the FAA's Office of Rulemaking,

(202)267-9677, for a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. History Low Altitude RNAV Route Identification and Charting Low altitude RNAV routes are identified by the letter “T” prefix followed by a three digit number. The “T” prefix is one of several International Civil Aviation Organization designators used to identify domestic RNAV routes. The FAA has been allocated the letter “T” prefix and the number block 200 to 500 for use in naming these routes. The FAA uses the “T” prefix for RNAV routes in the low altitude en route structure of the National Airspace System. T-routes are depicted in blue on the appropriate IFR en route low altitude chart(s). Each route depiction includes a GNSS minimum en route altitude to ensure obstacle clearance and communications reception. The Proposal The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 to establish four low altitude RNAV routes in the Sacramento and San Francisco, CA, terminal areas. The routes would be designated T-257, T-259, T-261 and T-263, and would be depicted on the appropriate IFR En Route Low Altitude charts. T-routes are low altitude RNAV ATS routes, similar to Very High Frequency Omnidirectional Range Federal airways, but based on GNSS navigation. RNAV-equipped aircraft capable of filing flight plan equipment suffix “G” may file for these routes. The T-routes described in this notice are being proposed to enhance safety, and to facilitate the more flexible and efficient use of the navigable airspace for en route IFR operations transitioning through and around the Sacramento and San Francisco, CA, terminal areas. Low altitude RNAV routes are published in paragraph 6011 of FAA Order 7400.9R signed August 15, 2007 and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The low altitude RNAV routes listed in this document would be published subsequently in the Order. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this proposed regulation:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under Department of Transportation

(DOT)Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and

(BSR)to Point Reyes

(PYE)[New]** Big Sur, CA

(BSR)VORTAC (Lat. 36°10′53″ N., long. 121°38′32″ W.) ISIFU WP (Lat. 36°43′29″ N., long. 121°56′57″ W.) SUTRO WP (Lat. 36°42′43″ N., long. 122°32′49″ W.) Point Reyes, CA

(PYE)VORTAC (Lat. 38°04′47″ N., long. 122°52′41″ W.) * * * * * * * **T-259 Sacramento, CA

(SAC)to San Jose, CA

(SJC)[New]** Sacramento, CA.

(SAC)VORTAC (Lat. 38°26′37″ N., long. 121°33′00″ W.) MOVDD WP (Lat. 37°39′41″ N., long. 121°26′54″ W.) CEDES WP (Lat. 37°33′30″ N., long. 121°37′51″ W.) San Jose, CA.

(SJC)VORTAC (Lat. 37°22′29″ N., long. 121°56′41″ W.) * * * * * * * **T-261 Woodside, CA

(OSI)to ALTAM [New]** Woodside, CA

(OSI)VORTAC (Lat. 37°23′33″ N., long. 122°16′55″ W.) ALTAM WP (Lat. 37°48′44″ N., long. 121°44′50″ W.) * * * * * * * **T-263 Sunol to Scaggs Island, CA

(SGD)[New]** SUNOL WP (Lat. 37°36′20″ N., long. 121°48′37″ W.) Scaggs Island, CA

(SGD)VORTAC (Lat. 38°10′46″ N., long. 122°22′23″ W.) * * * * * * * Issued in Washington, DC on February 8, 2008. Ellen Crum, Acting Manager, Airspace and Rules Group. [FR Doc. E8-2978 Filed 2-15-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-0141; Airspace Docket No. 08-AAL-4] Proposed Revision of Class E Airspace; Allakaket, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking. SUMMARY: This action proposes to revise Class E airspace at Allakaket, AK. Two Standard Instrument Approach Procedures (SIAPs) are being developed for the Allakaket Airport at Allakaket, AK. Additionally, a textual Obstacle Departure Procedure

(ODP)is being developed. Adoption of this proposal would result in revision of existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at the Allakaket Airport, Allakaket, AK. DATES: Comments must be received on or before April 4, 2008. ADDRESSES: Send comments on the proposal to the Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You must identify the docket number FAA-2008-0141/Airspace Docket No. 08-AAL-4, at the beginning of your comments. You may also submit comments on the Internet at *http://www.regulations.gov.* You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527) is on the plaza level of the Department of Transportation NASSIF Building at the above address. An informal docket may also be examined during normal business hours at the office of the Manager, Safety, Alaska Flight Service Operations, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587. FOR FURTHER INFORMATION CONTACT: Gary Rolf, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone number

(907)271-5898; *fax:*

(907)271-2850; *e-mail: gary.ctr.rolf@faa.gov.* Internet address: *http://www.alaska.faa.gov/at.* SUPPLEMENTARY INFORMATION: Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2008-0141/Airspace Docket No. 08-AAL-4.” The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of Notice of Proposed Rulemakings (NPRMs) An electronic copy of this document may be downloaded through the Internet at *http://www.regulations.gov.* Recently published rulemaking documents can also be accessed through the FAA's web page at *http://www.faa.gov* or the Superintendent of Documents web page at *http://www.access.gpo.gov/nara/index.html.* Additionally, any person may obtain a copy of this notice by submitting a request to the Federal Aviation Administration, Office of Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW., Washington, DC 20591 or by calling

(202)267-8783. Communications must identify both docket numbers for this notice. Persons interested in being placed on a mailing list for future NPRMs should contact the FAA's Office of Rulemaking,

(202)267-9677, to request a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. The Proposal The FAA is considering an amendment to the Code of Federal Regulations (14 CFR Part 71), which would revise the Class E airspace at the Allakaket Airport, in Allakaket, AK. The intended effect of this proposal is to revise Class E airspace upward from 700 ft. and 1,200 ft. above the surface to contain Instrument Flight Rules

(IFR)operations at the Allakaket Airport, Allakaket, AK. The FAA Instrument Flight Procedures Production and Maintenance Branch has developed two SIAPs and an ODP for the Allakaket Airport. The new approaches are

(1)the Area Navigation

(RNAV)Global Positioning System

(GPS)Runway

(RWY)05, Original

(Orig)and

(2)the RNAV

(GPS)RWY 23, 0rig. Textual ODP's are unnamed and are published in the front of the U.S. Terminal Procedures for Alaska. Class E controlled airspace extending upward from 700 ft. and 1,200 ft. above the surface in the Allakaket Airport area would be revised by this action. The proposed airspace is sufficient in size to contain aircraft executing the instrument procedures at the Allakaket Airport, Allakaket, AK. The area would be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. The Class E airspace areas designated as 700/1200 foot transition areas are published in paragraph 6005 in FAA Order 7400.9R, *Airspace Designations and Reporting Points,* signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document would be published subsequently in the Order. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore —(1) is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and

(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it proposes to create Class E airspace sufficient in size to contain aircraft executing instrument procedures at the Allakaket Airport, AK, and represents the FAA's continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71— DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, *Airspace Designations and Reporting Points,* signed August 15, 2007, and effective September 15, 2007, is to be amended as follows: Paragraph 6005 Class E Airspace Extending Upward from 700 Feet or More Above the Surface of the Earth. AAL AK E5 Allakaket, AK [Revised] Allakaket, Allakaket Airport, AK (Lat. 66°30′07″ N., long. 152°37′20″ W.) That airspace extending upward from 700 feet above the surface within a 7.1-mile radius of the Allakaket Airport; and that airspace extending upward from 1,200 feet above the surface extending clockwise from the 045°(T)/066°(M) bearing to the 175°(T)/196°(M) bearing within 72 miles of the Allakaket Airport. Issued in Anchorage, AK, on February 8, 2008. Derril D. Bergt, Acting Manager, Alaska Flight Services Information Area Group. [FR Doc. E8-2967 Filed 2-15-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-0134; Airspace Docket No. 08-AAL-3] Proposed Revision of Class E Airspace; St. Mary's, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking. SUMMARY: This action proposes to revise Class E airspace at St. Mary's, AK. Two Standard Instrument Approach Procedures (SIAPs) are being developed for the St. Mary's Airport at St. Mary's, AK. Additionally, four SIAPs are being amended. Adoption of this proposal would result in revision of Class E airspace upward from the surface, and from 700 feet (ft.) and 1,200 ft. above the surface at the St. Mary's Airport, St. Mary's, AK. DATES: Comments must be received on or before April 4, 2008. ADDRESSES: Send comments on the proposal to the Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You must identify the docket number FAA-2008-0134/Airspace Docket No. 08-AAL-3, at the beginning of your comments. You may also submit comments on the Internet at *http://www.regulations.gov.* You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527) is on the plaza level of the Department of Transportation NASSIF Building at the above address. An informal docket may also be examined during normal business hours at the office of the Manager, Safety, Alaska Flight Service Operations, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587. FOR FURTHER INFORMATION CONTACT: Gary Rolf, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone number

(907)271-5898; *fax:*

(907)271-2850; *e-mail: gary.ctr.rolf@faa.gov* . Internet address: *http://www.alaska.faa.gov/at.* SUPPLEMENTARY INFORMATION: Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2008-0134/Airspace Docket No. 08-AAL-3.” The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of Notice of Proposed Rulemaking's (NPRM's) An electronic copy of this document may be downloaded through the Internet at *http://www.regulations.gov.* Recently published rulemaking documents can also be accessed through the FAA's web page at *http://www.faa.gov* or the Superintendent of Document's web page at *http://www.access.gpo.gov/nara/index.html.* Additionally, any person may obtain a copy of this notice by submitting a request to the Federal Aviation Administration, Office of Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW., Washington, DC 20591 or by calling

(202)267-8783. Communications must identify both docket numbers for this notice. Persons interested in being placed on a mailing list for future NPRM's should contact the FAA's Office of Rulemaking,

(202)267-9677, to request a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. The Proposal The FAA is considering an amendment to the Code of Federal Regulations (14 CFR Part 71), which would revise Class E airspace at the St. Mary's Airport, in St. Mary's, AK. The intended effect of this proposal is to revise Class E airspace upward from the surface, and from 700 ft. and 1,200 ft. above the surface to contain Instrument Flight Rules

(IFR)operations at the St. Mary's Airport, St. Mary's, AK. The FAA Instrument Flight Procedures Production and Maintenance Branch has developed two new SIAPs and amended four SIAPs for the St. Mary's Airport. The new approaches are

(1)the Area Navigation

(RNAV)Z Global Positioning System

(GPS)Runway

(RWY)17, Original

(Orig)and

(2)the RNAV

(GPS)Z RWY 35, Orig. The amended approaches are

(1)the RNAV

(GPS)Y RWY 17, Amendment

(Amdt)2,

(2)the RNAV

(GPS)Y RWY 35, Amdt 1,

(3)the Localizer (LOC)/Distance Measuring Equipment

(DME)RWY 17, Amdt 4, and

(4)the Nondirectional Beacon (NDB)/DME RWY 35, Amdt 1. Class E controlled airspace extending upward from the surface, and from 700 ft. and 1,200 ft. above the surface in the St. Mary's Airport area would be established by this action. The proposed airspace is sufficient in size to contain aircraft executing the instrument procedures at the St. Mary's Airport, St. Mary's, AK. The area would be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. The Class E airspace areas designated as surface areas are published in paragraph 6002 of FAA Order 7400.9R, *Airspace Designations and Reporting Points,* signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Class E airspace areas designated as 700/1200 foot transition areas are published in paragraph 6005 in FAA Order 7400.9R, *Airspace Designations and Reporting Points,* signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document would be published subsequently in the Order. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and

(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it proposes to create Class E airspace sufficient in size to contain aircraft executing instrument procedures at the St. Mary's Airport, AK, and represents the FAA's continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71— DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, *Airspace Designations and Reporting Points,* signed August 15, 2007, and effective September 15, 2007, is to be amended as follows: Paragraph 6002 Class E Airspace Designated as Surface Areas. AAL AK E2 St. Mary's, AK [Revised] St. Mary's, St. Mary's Airport, AK (Lat. 62°03 38 N., long. 163°18 07 W.) Within a 6.7-mile radius of the St. Mary's Airport, and within 4 miles either side of the 202° (T)/217°(M) bearing from the St. Mary's Airport extending from the 6.7-mile radius to 10 miles south of the St. Mary's Airport. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. Paragraph 6005 Class E Airspace Extending Upward from 700 Feet or More Above the Surface of the Earth. AAL AK E5 St. Mary's, AK [Revised] St. Mary's, St. Mary's Airport, AK (Lat. 62°03 38 N., long. 163°18 07 W.) That airspace extending upward from 700 feet above the surface within a 8.7-mile radius of the St. Mary's Airport, and within 4 miles east and 8 miles west of the 202°(T), 217°(M) bearing from the St. Mary's Airport, extending from the 8.7-mile radius to 16 miles south of the St. Mary's Airport. Issued in Anchorage, AK, on February 8, 2008. Derril D. Bergt, Acting Manager, Alaska Flight Services Information Area Group. [FR Doc. E8-2977 Filed 2-15-08; 8:45 am] BILLING CODE 4910-13-P EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1615 RIN 3046-AA82 Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by the Equal Employment Opportunity Commission and Accessibility of Commission Electronic and Information Technology AGENCY: Equal Employment Opportunity Commission. ACTION: Notice of proposed rulemaking. SUMMARY: The Equal Employment Opportunity Commission (EEOC or Commission) proposes to amend its regulation to establish that all complaints under section 508 of the Rehabilitation Act of 1973, as amended (section 508), whether filed by members of the public or EEOC employees, will be processed under the procedures for section 504 public complaints. The Commission also proposes to update terminology which outlines how EEOC enforces section 504 of the Rehabilitation Act with respect to its own programs or activities. Finally, the Commission proposes to update or eliminate certain sections of this regulation that are no longer relevant. DATES: Written comments on this proposed rulemaking must be submitted on or before April 21, 2008. ADDRESSES: Written comments should be submitted to Stephen Llewellyn, Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, 10th Floor, 1801 L Street, NW., Washington, DC 20507. As a convenience to commentators, the Executive Secretariat will accept comments transmitted by facsimile (“FAX”) machine. The telephone number of the FAX receiver is

(202)663-4114. (This is not a toll-free number.) Only comments of six or fewer pages will be accepted via FAX transmittal to ensure access to the equipment. Receipt of FAX transmittals will not be acknowledged, except that the sender may request confirmation of receipt by calling the Executive Secretariat staff at

(202)663-4070 (voice) or

(202)663-4074 (TTD). (These are not toll-free telephone numbers.) You may also submit comments and attachments electronically at *http://www.regulations.gov* , which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. Copies of comments submitted by the public will be available to review at the Commission's library, Room 6502, 1801 L Street, NW., Washington, DC 20507 between the hours of 9:30 a.m. and 5 p.m. or can be reviewed at *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Carol R. Miaskoff or Kerry Leibig, Office of Legal Counsel, U.S. Equal Employment Opportunity Commission at

(202)663-4638. (This is not a toll-free-telephone number.) SUPPLEMENTARY INFORMATION: Section 508 of the Rehabilitation Act provides that each federal agency must ensure that the electronic and information technology it develops, procures, maintains, or uses is accessible to individuals with disabilities who are federal employees or applicants, or members of the public seeking information or services from the agency. Section 508 authorizes individuals to file administrative complaints and civil actions limited to the alleged failure to procure accessible technology. In addition to amending part 1615 to address the requirements of Section 508, this notice proposes to update terminology and eliminate certain sections of part 1615 that are no longer relevant. Summary of Updates in Proposed Regulation In 1992, Congress amended the Rehabilitation Act to replace the term “handicap” with the term “disability.” Public Law 102-569, 106 Stat. 4344. Accordingly, the Commission proposes to replace the term “handicap” with the term “disability” throughout part 1615. The Commission similarly proposes, again throughout part 1615, to replace the phrase “individual with handicaps” with “individual with a disability” and the phrase “individuals with handicaps” with “individuals with disabilities.” Finally, the Commission proposes to replace the term “nonhandicapped persons” in 1615.130(c) with the term “individuals without disabilities.” Throughout this part, the Commission proposes to replace the term “Chairman” with the term “Chair” and the terms “EEO Director” and “Director, Equal Employment Opportunity Staff” with the term “Director of OEO.” The Commission proposes to revise the definition at 1615.103 of “qualified individual with handicaps,” as it relates to employment. The revised definition will cross-reference 29 CFR 1630.2(m), which defines “qualified individual with a disability” under the Americans with Disabilities Act (ADA), and will delete the previous reference. It is necessary to refer to 29 CFR 1630.2(m) in the regulations implementing section 504 because the Rehabilitation Act was amended in 1992 to apply the nondiscrimination standards of Titles I and V of the ADA, as amended, to section 504 complaints alleging non-affirmative action employment discrimination. See 29 U.S.C. 794(d). The appropriate definition of “qualified individual with a disability” with respect to employment is therefore now found at 29 CFR 1630.2(m). The Commission proposes to eliminate the entire text of 1615.110. Section 1615.110 requires that the EEOC complete, by June 26, 1990, a self-evaluation of policies and practices, and the effects thereof, that do not or may not meet the requirements of the regulation. It further requires that a description of areas examined, problems identified, and modifications made to be kept on file for at least three years. Because these requirements were met and the given time periods have long since passed, this section of the regulation is deleted. The Commission proposes to revise section 1615.140, which sets forth section 504's prohibition against employment discrimination, to cross-reference the Commission's ADA regulations at 29 CFR part 1630, and to delete the reference to part 1613, which is no longer in force. The Commission proposes to delete paragraphs

(c)and

(d)from section 1615.150. These paragraphs provide time frames by which the Commission must make existing facilities accessible, as defined in 1615.150(a) and (b). These paragraphs further require the Commission to develop, by December 1989, a transition plan if structural changes to facilities are needed to achieve program accessibility. As these requirements have long since been met and the latest of the given time frames (June 26, 1992) has long passed, these sections of the regulation are deleted. The Commission further proposes to update 1615.170(b), which sets forth the procedures for processing complaints alleging violations of section 504 with respect to employment, to cross-reference 29 CFR part 1614 rather than 29 CFR part 1613. Part 1614 replaced part 1613, which is no longer in force, and sets forth procedures for processing federal sector employment discrimination complaints arising under the EEO statutes enforced by the EEOC. Finally, the Commission proposes to revise 1615.170(j) and 1615.170(k) to clarify the procedures for processing an appeal and to extend the time frame for doing so. Summary of Section 508 Procedures in Proposed Regulation Several sections of the regulation will be amended to set forth the procedures for filing a complaint under section 508 against the EEOC. The statutory language in section 508 directs agencies to use the same complaint processing procedures as they use for section 504 complaints. The Commission will use its section 504 complaint procedures set forth in 29 CFR 1615.170(d)-(m) to process all section 508 complaints it receives whether from its applicants and employees, or from members of the public. The Commission will not use the federal sector equal employment opportunity administrative complaint procedures, 29 CFR part 1614, for section 508 complaints, even if they are filed by a Commission applicant or employee. The part 1614 process is reserved for complaints alleging employment discrimination. An allegation charging discrimination in access to electronic and information technology in violation of section 508 is outside the scope of part 1614. 1 1 However, if the employee alleges that the denial of access to electronic or information technology is a violation of the Commission's duty to provide a reasonable accommodation under section 501 of the Rehabilitation Act, the Commission will use the part 1614 process. If a section 501 complaint filed against the Commission in the part 1614 process is found to include a separate section 508 claim, the Commission's Office of Equal Opportunity

(OEO)will process the section 501 claim through the part 1614 process and it will process the section 508 claim pursuant to the procedures set forth in 29 CFR 1615.170(d)-(m). Section 508 authorizes administrative complaints and lawsuits on or after June 21, 2001, but only with respect to federal agency procurements made on or after June 21, 2001, in violation of section 508. It does not authorize administrative complaints or lawsuits to be filed with respect to electronic and information technology that is “developed, maintained or used” by a federal agency. The proposed amendment to 1615.170 reflects this fact by describing the compliance procedures to be used for complaints alleging violations of the agency's responsibility to procure electronic and information technology under section 508. 2 2 We note, however, that the Commission, like all federal agencies, has additional longstanding obligations that are enforceable under sections 501 and 504 of the Rehabilitation Act. Some of these obligations may be triggered when electronic and information technology is “developed, maintained, or used” by federal agencies and is not accessible. If individuals file complaints alleging that electronic or information technology acquired or developed prior to June 21, 2001, is inaccessible to people with disabilities, the Commission will review the allegations to determine if they more properly allege violations of sections 501 or 504 and process them accordingly. For a discussion of section 508 enforcement methods, interested parties are advised to consult the Department of Justice's *Section 508 of the Rehabilitation Act: Accessibility for People with Disabilities in the Information Age (Results of 2001 Survey)* at Section III.A, which discusses administrative complaints and lawsuits under section 508. *See* *http://www.usdoj.gov/crt/508/report2/complaints.htm* . Interested parties may also wish to consult the overview of section 508 provided by the Architectural and Transportation Barriers Compliance Board (Access Board) available at *http://www.access-board.gov/sec508/summary.htm* . 3 3 The Access Board issues standards for electronic and information technology covered by section 508. These standards set forth a definition of electronic and information technology and the technical and functional performance criteria necessary for such technology to comply with section 508. *See* 36 CFR part 1194. Regulatory Procedures Executive Order 12866 In promulgating this notice of proposed rulemaking, the Commission has adhered to the regulatory philosophy and applicable principles of regulation set forth in section 1 of Executive Order 12866, Regulatory Planning and Review. As indicated in the Semi-Annual Regulatory Agenda for Fall 2007, this regulation is not a significant regulation within the meaning of the Executive Order. Regulatory Flexibility Act The Commission certifies under 5 U.S.C. 605(b), enacted by the Regulatory Flexibility Act (Pub. L. 96-354), that this rule will not have a significant economic impact on a substantial number of small entities, because it applies exclusively to a federal agency and individuals accessing the services of a federal agency. For this reason, a regulatory flexibility analysis is not required. Unfunded Mandates Reform Act of 1995 This proposed rule will not result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Paperwork Reduction Act This regulation contains no information collection requirements subject to review by the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 29 CFR Part 1615 Administrative practice and procedure, Civil rights, Equal employment opportunity, Federal buildings and facilities, Individuals with disabilities. For the reasons set forth in the preamble, the EEOC proposes to amend 29 CFR part 1615 as follows: PART 1615—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND IN ACCESSIBILITY OF COMMISSION ELECTRONIC AND INFORMATION TECHNOLOGY 1. Revise the authority citation for 29 CFR Part 1615 to read as follows: Authority: 29 U.S.C. 794 and 29 U.S.C. 794d(f)(2). 2. The heading of part 1615 is revised to read as set forth above. 3. Amend part 1615 to remove the term “handicap” wherever it appears and add, in its place, the term “disability.” 4. Amend part 1615 to remove the phrase “individual with a handicap” wherever it appears and add, in its place, the phrase “individual with a disability.” 5. Amend part 1615 to remove the phrase “individuals with handicaps” wherever it appears and add, in its place, the phrase “individuals with disabilities.” 6. Amend part 1615 to remove the term “nonhandicapped persons” wherever it appears and add, in its place, the term “individuals without disabilities.” 7. Amend part 1615 to remove the term “Chairman” wherever it appears and add, in its place, the term “Chair.” 8. Amend part 1615 to remove the term “EEO Director” wherever it appears and add, in its place, the term “Director of OEO.” 9. Section 1615.101 is amended by redesignating the current paragraph as paragraph

(a)and adding a new paragraph

(b)to read as follows: § 1615.101 Purpose.

(b)The purpose of this part is also to effectuate section 508 of the Rehabilitation Act, which requires that when Federal departments and agencies develop, procure, maintain, or use electronic and information technology, they shall ensure accessibility by individuals with disabilities who are Federal employees or applicants, or members of the public. 10. Section 1615.102 is revised to read as follows: § 1615.102 Application. This part applies to all programs or activities conducted by the Commission and to its development, procurement, maintenance, and use of electronic and information technology. 11. Section 1615.103 is amended as follows: A. The definition of “Complete complaint” is revised. B. A definition of “Electronic and information technology” is added. C. The definition heading “Individual with handicaps” is removed and “Individual with a disability” is added in its place. D. The definition “Qualified individual with a handicap” is removed and a definition of “Qualified individual with a disability” is added in its place. E. A definition of “Section 508” is added. The revisions and additions read as follows: § 1615.103 Definitions. *Complete complaint* means a written statement that contains the complainant's name and address and describes the Commission's actions in sufficient detail to inform the Commission of the nature and date of the alleged violation of section 504 or section 508. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination. *Electronic and Information Technology.* Includes information technology and any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion, or duplication of data or information. The term electronic and information technology includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, World Wide Web sites, multimedia, and office equipment such as copiers and fax machines. The term does not include any equipment that contains embedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, HVAC (heating, ventilation, and air conditioning) equipment such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology. *Qualified individual with a disability* means:

(1)With respect to any Commission program or activity (except employment), an individual with a disability who, with or without modifications or aids required by this part, meets the essential eligibility requirements for participation in, or receipt of benefits from, that program or activity.

(2)With respect to employment, a qualified individual with a disability as defined in 29 CFR 1630.2(m), which is made applicable to this part by 1615.140. *Section 508* means section 508 of the Rehabilitation Act of 1973, Public Law 93-112, Title V, section 508, as added Public Law 99-506, Title VI, section 603(a), Oct. 21, 1986, 100 Stat. 1830, and amended Public Law 100-630, Title II, section 206(f), Nov. 7, 1988, 102 Stat. 3312; Public Law 102-569, Title V, section 509(a), Oct. 29, 1992, 106 Stat. 4430; Public Law 105-220, Title IV, section 408(b), Aug. 7, 1998, 112 Stat. 1203. § 1615.110 [Removed and Reserved] 12. Section 1615.110 is removed and reserved. 13. Section 1615.135 is added to read as follows: § 1615.135 Electronic and information technology requirements.

(a)Development, procurement, maintenance, or use of electronic and information technology.—When developing, procuring, maintaining, or using electronic and information technology, the Commission shall ensure, unless an undue burden would be imposed on it, that the electronic and information technology allows, regardless of the type of medium of the technology—

(1)Individuals with disabilities who are Commission employees to have access to and use of information and data that is comparable to the access to and use of the information and data by Commission employees who are not individuals with disabilities; and

(2)Individuals with disabilities who are members of the public seeking information or services from the Commission to have access to and use of information and data that is comparable to the access to and use of the information and data by such members of the public who are not individuals with disabilities.

(b)Alternative means of access when undue burden is imposed.—When development, procurement, maintenance, or use of electronic and information technology that meets the standards published by the Access Board at 36 CFR part 1194 would impose an undue burden, the Commission shall provide individuals with disabilities covered by this section with the information and data involved by an alternative means of access that allows the individual to use the information and data. 14. Section 1615.140 is revised to read as follows: § 1615.140 Employment. No qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any program or activity conducted by the Commission. The definitions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established by this Commission in 29 CFR part 1614, shall apply to employment in federally conducted programs or activities. As noted in 29 CFR 1614.203(b), the standards used to determine whether section 501 of the Rehabilitation Act has been violated in a complaint alleging non-affirmative action employment discrimination under part 1614 shall be the standards applied under Title I and Title V (sections 501 through 504 and 510) of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101, 12111, 12201) as such sections relate to employment. These standards are set forth in the Commission's ADA regulations at 29 CFR part 1630. If a section 501 complaint is filed against the Commission in the part 1614 process and it is found to include a separate section 508 claim, the part 1614 process will be used to process the section 501 claim. The section 508 claim will be processed separately in accordance with the procedures set forth at § 1615.170. § 1615.150 [Amended] 15. Section 1615.150(c) and

(d)are removed. 16. Section 1615.170 is amended as follows: A. Revise paragraphs (a), (b), and (c). B. Revise the first sentences of paragraphs (d)(1) and (d)(2). C. Revise the third and fourth sentences of paragraph (i). D. Revise paragraph (j). E. Revise the first sentence of paragraph (k). F. Add a new paragraph (n). The revisions and additions read as follows: § 1615.170 Compliance procedures.

(a)Except as provided in paragraph

(b)of this section, this section applies to all allegations of discrimination on the basis of disability in programs or activities conducted by the Commission in violation of section 504. This section also applies to all complaints alleging a violation of the agency's responsibility to procure electronic and information technology under section 508 whether filed by members of the public or EEOC employees or applicants.

(b)The Commission shall process complaints alleging violations of section 504 with respect to employment according to the procedures established by EEOC in 29 CFR part 1614 pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791). With regard to employee claims concerning agency procurements made in violation of section 508, the procedures set out in paragraphs

(d)through

(m)of this section shall be used.

(c)Responsibility for implementation and operation of this section shall be vested in the Director, Office of Equal Opportunity (Director of OEO).

(d)* * *

(1)* * * Any person who believes that he or she has been subjected to discrimination prohibited by this part or that the agency's procurement of electronic and information technology has violated section 508, or authorized representative of such person, may file a complaint with the Director of OEO. * * *

(2)* * * Complaints shall be filed with the Director of OEO within one hundred and eighty calendar days of the alleged acts of discrimination. * * *

(i)* * * An appeal shall be deemed filed on the date it is postmarked, or, in the absence of a postmark, on the date it is received by the Chair at EEOC headquarters. It should be clearly marked “Appeal of Section 504 decision” or “Appeal of Section 508 decision” and should contain specific objections explaining why the person believes the initial decision was factually or legally wrong. * * *

(j)Timely appeals shall be decided by the Chair of the Commission unless the Commission determines that an appeal raises a policy issue which should be addressed by the full Commission.

(1)The Chair will draft a decision within 30 days of receipt of an appeal and circulate it to the Commission.

(2)If a Commissioner believes an appeal raises a policy issue that should be addressed by the full Commission, he or she shall so inform the Chair by notice in writing within ten calendar days of the circulation of the draft decision on appeal.

(3)If the Chair does not receive such written notice, the decision on appeal shall be issued.

(4)If the Chair receives written notice as described in subparagraph (2), the Commission shall resolve the appeal through a vote.

(k)The Commission shall notify the complainant of the results of the appeal within ninety calendar days of the receipt of the appeal from the complainant. * * *

(n)*Civil actions.* The remedies, procedures, and rights set forth in sections 505(a)(2) and 505(b) of the Rehabilitation Act, 29 U.S.C. 794a(a)(2) and 794a(b) shall be the remedies, procedures, and rights available to any individual with a disability filing a complaint under this section. Dated: February 7, 2008. Naomi C. Earp, Chair. [FR Doc. E8-2863 Filed 2-15-08; 8:45 am] BILLING CODE 6570-01-P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900-AM22 Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA): Expansion of Benefit Coverage for Prostheses and Enuretic (Bed-wetting) Devices; Miscellaneous Provisions AGENCY: Department of Veterans Affairs. ACTION: Proposed rule. SUMMARY: This document proposes to amend the Department of Veterans Affairs

(VA)regulations for the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) to expand the benefits available by covering, in addition to currently-covered prostheses, any non-dental prostheses determined medically necessary for treatment of certain medical conditions. It also proposes to no longer exclude coverage of enuretic (bed-wetting) devices. In addition, this document proposes to make changes in delegations of authority, technical changes, and nonsubstantive changes for purposes of clarity in VA's regulations governing CHAMPVA. DATES: Comments must be received on or before April 21, 2008. ADDRESSES: Written comments may be submitted through *http://www.Regulations.gov;* by mail or hand delivery to the Director, Regulations Management (00REG), Department of Veterans Affairs, 810 Vermont Ave., NW., Room 1068, Washington, DC 20420; or by fax to

(202)273-9026. Comments should indicate that they are submitted in response to “RIN 2900-AM22—Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA)—Expansion of Benefit Coverage for Prostheses and Enuretic (Bed-wetting) Devices; Miscellaneous Provisions.” Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call

(202)461-4902 for an appointment. (This is not a toll-free number.) In addition, during the comment period, comments may be viewed online through the Federal Docket Management System

(FDMS)at *http://www.Regulations.gov.* FOR FURTHER INFORMATION CONTACT: Richard M. Trabert, Policy & Compliance Division, VA Health Administration Center, P.O. Box 65020, Denver, CO 80206-9020;

(303)331-7549. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: This document proposes to amend VA's medical regulations in 38 CFR part 17 concerning CHAMPVA. CHAMPVA is a VA medical benefits program for certain

(1)spouses and children of veterans who have a permanent and total service-connected disability and

(2)surviving spouses and children of veterans who died as a result of a service-connected disability or while rated permanently or totally disabled from a service-connected disability, or who died in the active military, naval, or air service in the line of duty. CHAMPVA is authorized at 38 U.S.C. 1781 (formerly 38 U.S.C. 1713). To be eligible for CHAMPVA benefits, among other requirements, the spouses, surviving spouses, and children may not be otherwise eligible for medical care under 10 U.S.C. chapter 55 (authorizing TRICARE, formerly CHAMPUS; referred to in this preamble as TRICARE/CHAMPUS). By the terms of section 1781(b), VA is required to provide benefits under CHAMPVA in the same or similar manner and subject to the same or similar limitations as medical care that is furnished to certain dependents and survivors of active duty and retired members of the Armed Forces under TRICARE/CHAMPUS. Needed medical care is largely provided to CHAMPVA beneficiaries through non-VA providers. This proposed rule would amend 38 CFR 17.272, “Benefits limitations/exclusions,” in accordance with the requirements under 38 U.S.C. 1781(b) to furnish CHAMPVA benefits “in the same or similar manner and with the same or similar limitations” as medical care under TRICARE/CHAMPUS. First, we propose to add certain prostheses to the benefits available under the CHAMPVA program to be consistent with benefits authorized for TRICARE/CHAMPUS in section 702 of Public Law 105-85 (1999), the National Defense Authorization Act for Fiscal Year 1998. That statutory provision amended TRICARE/CHAMPUS coverage to include prosthetic devices “as determined by the Secretary of Defense to be necessary because of significant conditions resulting from trauma, congenital anomalies, or disease.” The Department of Defense

(DoD)amended the TRICARE/CHAMPUS regulations in 32 CFR 199.4 accordingly. See 65 FR 58224-25, Sept. 28, 2000 (final rule); 64 FR 45453-45454, August 20, 1999 (interim final rule). As discussed in the preambles in those rulemaking documents, DoD determined that noses, ears, and fingers are examples of additional prostheses that are authorized under that statutory amendment for TRICARE/CHAMPUS coverage. See 65 FR 58224; 64 FR 45453-45454. The regulations promulgated by DoD exclude from coverage all dental prostheses, “except for those specifically required in connection with otherwise covered orthodontia directly related to the surgical correction of a cleft palate anomaly.” 32 CFR 199.4(g)(48). Under VA's current regulations for CHAMPVA at 38 CFR 17.272(a)(44), coverage for the purchase of prosthetic devices is limited to artificial limbs, voice prostheses, eyes, items surgically inserted in the body as an integral part of a surgical procedure, and dental prostheses that are specifically required in connection with otherwise covered orthodontia directly related to the surgical correction of a cleft palate anomaly. (These are also subject to the requirements generally applicable to CHAMPVA benefits, including being medically necessary and appropriate for the treatment of a condition.) We propose to amend § 17.272(a)(44) to extend prosthetic coverage to any other prostheses (other than dental prostheses) considered medically necessary because of significant conditions resulting from trauma, congenital anomalies, or disease. The proposed changes to § 17.272(a)(44) are also intended to clarify that ears, noses, and fingers and the prostheses currently referred to in § 17.272(a)(44)(i) through

(iv)are examples of what the newly-listed category would include. Consistent with 32 CFR 199.4(g)(48), dental prostheses would continue to be excluded except as specifically provided in current § 17.272(a)(44)(v). As another change authorized under the statutory requirement to furnish CHAMPVA benefits in the same or similar manner and with the same or similar limitations as medical care under TRICARE/CHAMPUS, we propose to amend § 17.272(a)(52) to permit enuretic (bed-wetting) devices (alarms) to be furnished to CHAMPVA beneficiaries. This proposed change would be consistent with DoD's regulations at 32 CFR 199.4(g)(58). That paragraph was amended to no longer exclude such devices. See 67 FR 18825, Apr. 17, 2002. Currently, enuretic (bed-wetting) devices and enuretic conditioning programs are excluded from CHAMPVA coverage. The proposed rule would remove the exclusion for enuretic (bed-wetting) devices now found at § 17.272(a)(52), but would, like TRICARE/CHAMPUS, continue to exclude enuretic conditioning programs. We believe it is in the public interest to implement in the CHAMPVA program this TRICARE/CHAMPUS change. The basis for excluding enuretic conditioning programs is to restrict the payment for professional guidance on the use of these devices to an authorized health care provider, such as the attending physician, a physician assistant, or a nurse practitioner. This proposed rule would also amend the delegations of authority in 38 CFR 17.275, “Claim filing deadline,” and 38 CFR 17.276, “Appeal/review process.” Currently, § 17.275(b) provides that only the “Center Director” has the authority to grant exceptions to the claim filing deadline. This proposed rule would amend § 17.275(b) by referring to the Center Director by his or her title, the “Director, Health Administration Center”, and would permit the Director to extend that authority to his or her designee. Similarly, § 17.276 currently provides that, in response to a beneficiary's request for review of a decision by a CHAMPVA benefits advisor, only the Center Director has the authority to issue a decision that is the final decision with respect to benefit coverage and computation of benefits, and that affirms, reverses, or modifies the prior decision. This proposed rule would amend § 17.276 to permit the Director, Health Administration Center, or his or her designee, to issue that final decision. Finally, the proposed rule would make technical changes and other nonsubstantive changes for purposes of clarity in §§ 17.270 through 17.278. These include technical changes to conform with Public Law 107-135, which redesignated the statutory section authorizing the CHAMPVA program as 38 U.S.C. 1781 (formerly 38 U.S.C. 1713). Regulatory Flexibility Act The Secretary of Veterans Affairs hereby certifies that this proposed rule would not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-612. Individuals eligible for CHAMPVA benefits are widely dispersed geographically and thus services provided to them would not have a significant impact on any small entity. Therefore, pursuant to 5 U.S.C. 605(b), this proposed rule is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604. Paperwork Reduction Act of 1995 This document contains no provisions constituting a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521). Unfunded Mandates The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any year. This proposed rule would have no such effect on State, local, and tribal governments, or on the private sector. Executive Order 12866 Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). The Executive Order classifies a “significant regulatory action,” requiring review by the Office of Management and Budget

(OMB)unless OMB waives such review, as any regulatory action that is likely to result in a rule that may:

(1)Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;

(2)create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(3)materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(4)raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. The economic, interagency, budgetary, legal, and policy implications of this proposed rule have been examined and it has been determined not to be a significant regulatory action under Executive Order 12866. Catalog of Federal Domestic Assistance This proposed rule affects the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA), for which there is no Catalog of Federal Domestic Assistance program number. List of Subjects in 38 CFR Part 17 Administrative practice and procedure, Alcohol abuse, Alcoholism, Claims, Day care, Dental health, Drug abuse, Foreign relations, Government contracts, Grant programs—health, Grant programs—veterans, Health care, Health facilities, Health professionals, Health records, Homeless, Medical and dental schools, Medical devices, Medical research, Mental health programs, Nursing homes, Philippines, Reporting and recordkeeping requirements, Scholarships and fellowships, Travel and transportation expenses, and Veterans. Approved: February 11, 2008. Gordon H. Mansfield, Deputy Secretary of Veterans. For the reasons stated above, the Department of Veterans Affairs proposes to amend 38 CFR part 17 as follows: PART 17—MEDICAL 1. The authority citation for part 17 continues to read as follows: Authority: 38 U.S.C. 501, 1721, and as noted in specific sections. 2. Amend § 17.270 by: a. In paragraph (a), removing “1713” and adding, in its place, “1781”. b. In paragraph (b), removing “this section” and adding, in its place, “§§ 17.270 through 17.278”, removing “ “fiscal” year refers to October 1”, and adding, in its place, “ “fiscal year” refers to October 1”. c. Revising the authority citation. The revision reads as follows: § 17.270 General provisions. (Authority: 38 U.S.C. 501, 1781) 3. Amend § 17.271 by revising the authority citations after paragraph

(a)and at the end of the section to read as follows: § 17.271 Eligibility.

(a)* * * (Authority: 38 U.S.C. 501, 1781) (Authority: 38 U.S.C. 501, 1781) 4. Amend § 17.272 by: a. Redesignating paragraphs (a)(44)(i) through (a)(44)(iv) as paragraphs (a)(44)(ii)(A) through (D), respectively. b. Redesignating paragraph (a)(44)(v) as new paragraph (a)(44)(i). c. Adding paragraphs (a)(44)(ii) introductory text and (a)(44)(ii)(E). d. Revising paragraph (a)(52) and the authority citation. The additions and revisions read as follows: § 17.272 Benefits limitations/exclusions.

(a)* * *

(44)* * *

(ii)Any prostheses, other than dental prostheses, determined to be medically necessary because of significant conditions resulting from trauma, congenital anomalies, or disease, including, but not limited to:

(E)Ears, noses, and fingers.

(52)Enuretic (bed-wetting) conditioning programs. (Authority: 38 U.S.C. 501, 1781) 5. Amend § 17.273 by revising the authority citation to read as follows: § 17.273 Preauthorization. (Authority: 38 U.S.C. 501, 1781) 6. Amend § 17.274 by revising the authority citation to read as follows: § 17.274 Cost sharing. (Authority: 38 U.S.C. 501, 1781) 7. Amend § 17.275 by: a. In paragraph (b), removing “Center Director” and adding, in its place, “Director, Health Administration Center, or his or her designee”; and removing “paragraph

(a)if” and adding, in its place, “paragraph

(a)of this section if”. b. Adding an authority citation at the end of the section. The addition reads as follows: § 17.275 Claim filing deadline. (Authority: 38 U.S.C. 501, 1781) 8. Amend § 17.276 by: a. Removing “Center Director” and “Director” each time they appear and adding, in their place, “Director, Health Administration Center, or his or her designee”. b. Revising the authority citation. c. In the Note, removing “20 CFR” and adding, in its place “38 CFR”. The revision reads as follows: § 17.276 Appeal/review process. (Authority: 38 U.S.C. 501, 1781) 9. Amend § 17.277 by adding an authority citation to read as follows: § 17.277 Third-party liability/medical care cost recovery. (Authority: 28 U.S.C. 2651; 38 U.S.C. 501, 1781) 10. Amend § 17.278 by adding an authority citation to read as follows: § 17.278 Confidentiality of records. (Authority: 5 U.S.C. 552, 552a; 38 U.S.C. 501, 1781, 5701, 7332) [FR Doc. E8-3003 Filed 2-15-08; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF ENERGY 48 CFR Parts 904, 952 and 970 RIN 1991-AB71 Acquisition Regulation: Security Clause AGENCY: Department of Energy. ACTION: Notice of proposed rulemaking. SUMMARY: The Department of Energy

(DOE)is proposing to amend the Department of Energy Acquisition Regulation

(DEAR)to revise the security clause used in all contracts and subcontracts involving access authorizations to specifically require background checks and tests for the absence of any illegal drug, as defined in DOE regulations of uncleared personnel (employment applicants and current employees) who will require access authorizations. Background checks would not be required for applicants for DOE access authorization who possess a current access authorization from another Federal agency. DATES: Written comments on the proposed rulemaking must be received on or before close of business March 20, 2008. ADDRESSES: This proposed rule is available and comments may be submitted to the *Federal Electronic Rulemaking Portal* at *http://www.regulations.gov* . Comments may also be submitted electronically to *Richard.Langston@hq.doe.gov* . Comments may be mailed to: Richard Langston, Procurement Policy Analyst; MA-61/Forrestal Building; U.S. Department of Energy; 1000 Independence Avenue, SW.; Washington, DC 20585. FOR FURTHER INFORMATION CONTACT: Richard Langston at 202-287-1339 or *Richard.Langston@hq.doe.gov* . SUPPLEMENTARY INFORMATION: I. Background II. Section-by-Section Analysis III. Procedural Requirements A. Review Under Executive Order 12866 B. Review Under Executive Order 12988 C. Review Under the Regulatory Flexibility Act D. Review Under the Paperwork Reduction Act E. Review Under the National Environmental Policy Act F. Review Under Executive Order 13132 G. Review Under the Unfunded Mandates Reform Act of 1995 H. Review Under the Treasury and General Government Appropriations Act, 1999 I. Review Under Executive Order 13211 J. Review Under the Treasury and General Government Appropriations Act, 2001 K. Approval by the Office of the Secretary of Energy I. Background Many DOE contractor and subcontractor employees require access authorizations for access to classified information (Restricted Data, Formerly Restricted Data, or National Security Information) or certain quantities of special nuclear material in order to perform official duties. Section 904.404 is being revised to add a requirement in paragraph (d)(1) that the security clause is required in any contract that will involve contractor employees' access to special nuclear material. That requirement reflects past DOE practice and is being added to make the instruction clear and complete. Section 952.204-2, Security requirements, is revised by changing the title of the section to “Security” and by revising its introductory text to conform to the more recent Federal Acquisition Regulation format. Some of the requirements at 970.2201-1-2 are appropriate to other types of contracts if access authorizations are required, so language at 970.2201-1-2 is being restated in the security clause. II. Section-by-Section Analysis The Department proposes to amend the DEAR as follows: Section 904.401 is amended to revise the definitions of classified information and Restricted Data. Section 904.404, Solicitation provision and contract clause, is amended by adding “or access to special nuclear materials” after “classified information” at the end of the first sentence of paragraph (d)(1). Section 952.204-2, Security requirements, is amended by revising its title to “Security”; by revising the definitions in paragraphs

(c)through (g); by revising the title of paragraph

(h)from “ *Security clearances of personnel* ” to “ *Access authorizations for personnel* ” and redesignating its text as paragraph (h)(1); by adding new paragraphs (h)(2) and (i); by redesignating existing paragraphs

(i)and

(j)as

(j)and (k); and by adding new paragraphs

(l)and (m). Paragraphs (h)(2), (i), and (i)(1) contain language similar to that found in management and operating contract policy guidance at 970.2201-1-2(a)(1) and (2). The language in (h)(2) has been augmented by referencing the criteria at 10 CFR 710.8 that are used to grant or deny access authorizations, by adding a requirement that a candidate for a DOE access authorization must be tested to demonstrate the absence of any illegal drug, as defined in 10 CFR 707.4, and by directing contractors to select for employment only those whom they believe can pass the rigorous background investigation required for such positions. A new paragraph (h)(3) has been added making it clear that drug testing is applicable to all employees on an applicant, random or “for cause” basis. Paragraph (i), *Criminal liability* is amended to add “special nuclear material, and other Government property” to “classified information” as items the contractor must protect. Paragraph (j), *Foreign Ownership, Control or Influence* , is amended by moving the flow down to subcontracts requirement of (j)(4) to

(l)and redesignating paragraph (j)(5) as (j)(4). New paragraph (k), *Employment announcements* , requires that contractors include a notice in vacancy announcements for positions requiring access authorizations that background checks and testing for the absence of any illegal drug, as defined in 10 CFR 707.4, will be performed, and that the Federal government may conduct a background investigation, subsequent reinvestigations, and, in the case of counterintelligence positions (as defined in 10 CFR 709.3), a counterintelligence evaluation, which may include a polygraph examination. In addition to the subject matter from paragraph (j)(4), new paragraph (l), *Flow down to subcontracts* , addresses the flow down to subcontracts by incorporating the subject matter from the final sentence of 970.2201-1-2(a)(1)(ii). Section 970.2201-1-2, Policies, is revised at paragraph (a)(1)(ii). The first sentence is revised by changing “personnel investigations” to “background checks” in the first and second sentences; in the third sentence, changing “pre-employment” to “background,” “applicant's” to “uncleared employment applicant's or uncleared employee,” and “applicant” to “individual”; adding a new fourth sentence to require a test to demonstrate the absence of any illegal drug as defined in 10 CFR 707.4; in the sixth sentence, changing “applicant's” to “uncleared employment applicant's or uncleared employee”; in the seventh sentence, rewriting the sentence to address “employee” rather than “applicant”; in the eighth sentence, changing the first usage of “applicant” to “uncleared employee” and the second to “employee”; and in the last sentence, changing “may” to “shall” in order to make it imperative that subcontractors perform background checks on subcontract employee applicants or employees if they will require access authorizations to perform their duties. III. Procedural Requirements A. Review Under Executive Order 12866 This regulatory action has been determined not to be a significant regulatory action under Executive Order 12866, Regulatory Planning and Review (58 FR 51735, October 4, 1993). Accordingly, this proposed rule is not subject to review under the Executive Order by the Office of Information and Regulatory Affairs

(OIRA)within the Office of Management and Budget. B. Review Under Executive Order 12988 With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, Civil Justice Reform (61 FR 4729, February 7, 1996), imposes on executive agencies the general duty to adhere to the following requirements:

(1)Eliminate drafting errors and ambiguity;

(2)write regulations to minimize litigation;

(3)provide a clear legal standard for affected conduct rather than a general standard; and

(4)promote simplification and burden reduction. With regard to the review required by section 3(a), section 3(b) of Executive Order 12988 specifically requires that executive agencies make every reasonable effort to ensure that the regulation:

(1)Clearly specifies the preemptive effect, if any;

(2)clearly specifies any effect on existing Federal law or regulation;

(3)provides a clear legal standard for affected conduct while promoting simplification and burden reduction;

(4)specifies the retroactive effect, if any;

(5)adequately defines key terms; and

(6)addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or that it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, these regulations meet the relevant standards of Executive Order 12988. C. Review Under the Regulatory Flexibility Act This proposed rule has been reviewed under the Regulatory Flexibility Act, 5 U.S.C. 601 *et seq.* , which requires preparation of an initial regulatory flexibility analysis for any rule that must be proposed for public comment and that is likely to have a significant economic impact on a substantial number of small entities. The proposed rule would not have a significant economic impact on small entities because it imposes no significant burdens. Any costs incurred by DOE contractors complying with the rule would be reimbursed under the contract. Accordingly, DOE certifies that this proposed rule would not have a significant economic impact on a substantial number of small entities, and, therefore, no regulatory flexibility analysis is required and none has been prepared. D. Review Under the Paperwork Reduction Act This proposed rule contains no new information collection or recordkeeping requirements. Information collection or recordkeeping requirements mentioned in this proposed rule relative to the facility clearance and access authorization processes have been previously cleared under Office of Management and Budget

(OMB)paperwork clearance package number 0704-0194 for facility clearances processed by the Department of Defense for Standard Form

(SF)283 or package number 3206-0007 processed by the Office of Personnel Management for personnel access authorizations using SF 86. E. Review Under the National Environmental Policy Act DOE has concluded that promulgation of this proposed rule falls into a class of actions which would not individually or cumulatively have significant impact on the human environment, as determined by DOE's regulations (10 CFR Part 1021, Subpart D) implementing the National Environmental Policy Act

(NEPA)of 1969 (42 U.S.C. 4321 *et seq.* ). Specifically, this proposed rule is categorically excluded from NEPA review because the amendments to the DEAR would be strictly procedural (categorical exclusion A6). Therefore, this proposed rule does not require an environmental impact statement or environmental assessment pursuant to NEPA. F. Review Under Executive Order 13132 Executive Order 13132 (64 FR 43255, August 4, 1999) imposes certain requirements on agencies formulating and implementing policies or regulations that preempt state law or that have federalism implications. Agencies are required to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the states and carefully assess the necessity for such actions. DOE has examined today's proposed rule and has determined that it does not preempt state law and does not have a substantial direct effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. No further action is required by Executive Order 13132. G. Review Under the Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires a federal agency to perform a detailed assessment of costs and benefits of any rule imposing a federal mandate with costs to state, local or tribal governments, or to the private sector, of $100 million or more in any single year. This proposed rule does not impose a federal mandate on state, local or tribal governments or on the private sector. H. Review Under the Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277), requires federal agencies to issue a Family Policymaking Assessment for any rule or policy that may affect family well-being. This proposed rule will have no impact on family well being. I. Review Under Executive Order 13211 Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001), requires federal agencies to prepare and submit to the Office of Information and Regulatory Affairs (OIRA), OMB, a Statement of Energy Effects for any significant energy action. A “significant energy action” is defined as any action by an agency that promulgates or is expected to lead to promulgation of a final rule, and that:

(1)Is a significant regulatory action under Executive Order 12866, or any successor order; and

(2)is likely to have a significant adverse effect on the supply, distribution, or use of energy; or

(3)is designated by the Administrator of OIRA as a significant energy action. For any significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. Today's proposed rule is not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. J. Review Under the Treasury and General Government Appropriations Act, 2001 The Treasury and General Government Appropriations Act, 2001, 44 U.S.C. 3516 note, provides for agencies to review most disseminations of information to the public under implementing guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed today's notice under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. K. Approval by the Office of the Secretary of Energy The Office of the Secretary of Energy has approved issuance of this proposed rule. List of Subjects in 48 CFR Parts 904, 952 and 970 Government procurement. Issued in Washington, DC, on February 11, 2008. Edward R. Simpson, Director, Office of Procurement and Assistance Management, Office of Management, Department of Energy. David O. Boyd, Director, Office of Acquisition and Supply Management National Nuclear Security Administration. For the reasons set out in the preamble, DOE proposes to amend Chapter 9 of Title 48 of the Code of Federal Regulations as set forth below: PART 904—ADMINISTRATIVE MATTERS 1. The authority citations for parts 904 and 952 continue to read as follows: Authority: 42 U.S.C. 7101, *et seq.* ; 41 U.S.C. 418(b); 50 U.S.C. 2401, *et seq.* 2. In 904.401, the definitions of Classified Information and Restricted Data are revised to read as follows: 904.401 Definitions. *Classified Information* means information that is classified as Restricted Data or Formerly Restricted Data under the Atomic Energy Act of 1954, or information determined to require protection against unauthorized disclosure under Executive Order 12958, *Classified National Security Information* , as amended, or prior executive orders, which is identified as National Security Information. *Restricted Data* means all data concerning design, manufacture, or utilization of atomic weapons; production of special nuclear material; or use of special nuclear material in the production of energy, but excluding data declassified or removed from the Restricted Data category pursuant to 42 U.S.C. 2162 [Section 142, as amended, of the Atomic Energy Act of 1954]. 904.404 [Amended] 3. Section 904.404, [DOE Coverage—Paragraph (d)] is amended by adding the words “, access to special nuclear materials or the provision of protective services” after the words “classified information” at the end of the first sentence of paragraph (d)(1). PART 952—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 4. Section 952.204-2 is revised to read as follows: 952.204-2 Security. As prescribed in 904.404(d)(1), the following clause shall be included in contracts entered into under section 31 (research assistance, 42 U.S.C. 2051), or section 41 (ownership and operation of production facilities, 42 U.S.C. 2061) of the Atomic Energy Act of 1954, and in other contracts and subcontracts which involve or are likely to involve classified information or special nuclear material. Security (XXX 2007)

(a)*Responsibility* . It is the Contractor's duty to protect all classified information, special nuclear material, and other DOE property. The Contractor shall, in accordance with DOE security regulations and requirements, be responsible for protecting all classified information and protecting against sabotage, espionage, loss or theft of the classified documents and material, including special nuclear material, in the Contractor's possession in connection with the performance of work under this contract. Except as otherwise expressly provided in this contract, the Contractor shall, upon completion or termination of this contract, transmit to DOE any classified matter or special nuclear material in the possession of the Contractor or any person under the Contractor's control in connection with performance of this contract. If retention by the Contractor of any classified matter is required after the completion or termination of the contract, the Contractor shall identify the items and classification levels and categories of material proposed for retention, the reasons for the retention, and the proposed period of retention. If the retention is approved by the Contracting Officer, the security provisions of the contract shall continue to be applicable to the matter retained. Special nuclear material shall not be retained after the completion or termination of the contract.

(b)*Regulations* . The Contractor agrees to comply with all security regulations and contract requirements of DOE in effect on the date of award.

(c)*Definition of Classified Information* . The term *Classified Information* means information that is classified as Restricted Data or Formerly Restricted Data under the Atomic Energy Act of 1954, or information determined to require protection against unauthorized disclosure under Executive Order 12958, *Classified National Security Information* , as amended, or prior executive orders, which is identified as *National Security Information* .

(d)*Definition of Restricted Data* . The term *Restricted Data* means all data concerning design, manufacture, or utilization of atomic weapons; production of special nuclear material; or use of special nuclear material in the production of energy, but excluding data declassified or removed from the Restricted Data category pursuant to 42 U.S.C. 2162 [Section 142, as amended, of the Atomic Energy Act of 1954].

(e)*Definition of Formerly Restricted Data* . The term “ *Formerly Restricted Data* ” means information removed from the Restricted Data category based on a joint determination by DOE or its predecessor agencies and the Department of Defense that the information:

(1)Relates primarily to the military utilization of atomic weapons; and

(2)can be adequately protected as National Security Information. However, such information is subject to the same restrictions on transmission to other countries or regional defense organizations that apply to Restricted Data.

(f)*Definition of National Security Information* . The term “ *National Security Information* ” means information that has been determined, pursuant to Executive Order 12958, Classified National Security Information, as amended, or any predecessor order, to require protection against unauthorized disclosure, and that is marked to indicate its classified status when in documentary form.

(g)*Definition of special nuclear material.* The term “ *special nuclear material* ” means:

(1)plutonium, uranium enriched in the isotope 233 or in the isotope 235, and any other material which, pursuant to 42 U.S.C. 2071 [section 51 as amended, of the Atomic Energy Act of 1954] has been determined to be special nuclear material, but does not include source material; or

(2)any material artificially enriched by any of the foregoing, but does not include source material.

(h)*Access authorizations of personnel.*

(1)The Contractor shall not permit any individual to have access to any classified information or special nuclear material, except in accordance with the Atomic Energy Act of 1954, and the DOE's regulations and contract requirements applicable to the particular level and category of classified information or particular category of special nuclear material to which access is required.

(2)The job qualifications and suitability of employees or prospective employees must be considered by the Contractor prior to assignment to positions requiring access authorizations by careful personnel background checks. Background checks are not required for an applicant for DOE access authorization who possesses a current access authorization from DOE or another Federal agency. Such background checks must include, but are not limited to, as appropriate: A credit check; verification of high school diploma received within the last five years or degree/diploma granted by an institution of higher learning; contacts with listed personal references; contacts with listed employers for the last five years (excluding employment of less than 60 days' duration, part-time employments, and craft/union employments); and local law enforcement checks when such checks are not prohibited by state or local law or regulation, and when the individual resides in the jurisdiction where the Contractor is located. When a DOE access authorization will be required, the aforementioned background checks must be conducted and the uncleared applicant's or uncleared employee's job qualifications and suitability must be established before a request is made to the DOE to process the uncleared applicant or uncleared employee for an access authorization. In addition, each candidate for a DOE access authorization must be tested to demonstrate the absence of any illegal drug, as defined in 10 CFR 707.4. Evidence must be furnished to DOE with the uncleared applicant's or uncleared employee's security forms that specify: The results of the test for the absence of any illegal drug, as defined in 10 CFR 707.4, and, for the background checks, the date each check was conducted; the identity of the contact who provided the information; a synopsis of the information provided by each contact; and a statement that all relevant information available has been reviewed in accordance with the Contractor's personnel policies with favorable results. When hiring new employees for positions requiring access authorizations, the Contractor shall perform these background checks prior to submission of the request for DOE access authorization. If adverse information is found in the course of the background checks, the Contractor must assess the possible impact of such findings on the uncleared applicant's or uncleared employee's suitability for a position requiring an access authorization and act accordingly. Access authorizations are granted or denied based on criteria in 10 CFR 710.8. DOE will not process candidates for a DOE access authorization unless their tests confirm the absence of any illegal drug. Contractors must propose personnel to work in positions requiring access authorizations only if they are confident that the individuals will pass the rigorous background review that DOE will conduct. When an uncleared applicant is hired specifically for a position that requires a DOE access authorization, the uncleared employee shall not be placed in that position prior to the access authorization being granted by DOE, unless an approval has been obtained from the head of the cognizant local security office. If an uncleared employee is placed in that position prior to an access authorization being granted by the DOE, the uncleared employee may not be afforded access to classified information or matter or special nuclear material (in categories requiring access authorization) until DOE notifies the employer that an access authorization has been granted.

(3)All positions requiring access authorizations are deemed *testing designated positions* in accordance with 10 CFR part 707. All employees possessing access authorizations are subject to applicant, random or for cause testing for use of illegal drugs.

(i)*Criminal liability.* It is understood that disclosure of any classified information relating to the work or services ordered hereunder to any person not entitled to receive it, or failure to protect any classified information, special nuclear material, or other Government property that may come to the Contractor or any person under the Contractor's control in connection with work under this contract, may subject the Contractor, its agents, employees, or Subcontractors to criminal liability under the laws of the United States (see the Atomic Energy Act of 1954, 42 U.S.C. 2011 *et seq.* ; 18 U.S.C. 793 and 794).

(j)*Foreign Ownership, Control, or Influence.*

(1)The Contractor shall immediately provide the cognizant security office written notice of any change in the extent and nature of foreign ownership, control or influence over the Contractor which would affect any answer to the questions presented in the Standard Form

(SF)328, *Certificate Pertaining to Foreign Interests,* executed prior to award of this contract. In addition, any notice of changes in ownership or control which are required to be reported to the Securities and Exchange Commission, the Federal Trade Commission, or the Department of Justice, shall also be furnished concurrently to the Contracting Officer.

(2)If a Contractor has changes involving foreign ownership, control, or influence, DOE must determine whether the changes will pose an undue risk to the common defense and security. In making this determination, DOE will consider proposals made by the Contractor to avoid or mitigate foreign influences.

(3)If the cognizant security office at any time determines that the Contractor is, or is potentially, subject to foreign ownership, control, or influence, the Contractor shall comply with such instructions as the Contracting Officer shall provide in writing to protect any classified information or special nuclear material.

(4)The Contracting Officer may terminate this contract for default either if the Contractor fails to meet obligations imposed by this clause or if the Contractor creates a foreign ownership, control, or influence situation in order to avoid performance or a termination for default. The Contracting Officer may terminate this contract for convenience if the Contractor becomes subject to foreign ownership, control, or influence and for reasons other than avoidance of performance of the contract, cannot, or chooses not to, avoid or mitigate the foreign ownership, control, or influence problem.

(k)*Employment announcements.* When placing announcements seeking applicants for positions requiring access authorizations, the Contractor shall include in the written vacancy announcement, a notification to prospective applicants that background checks and tests for the absence of any illegal drug, as defined in 10 CFR 707.4, will be conducted by the employer and a background investigation by the Federal government may be required for the required access authorization prior to employment, and that subsequent reinvestigations may be required. If the position is covered by the Counterintelligence Evaluation Program regulations at 10 CFR part 709, the announcement should also alert applicants that successful completion of a counterintelligence evaluation may include a counterintelligence-scope polygraph examination.

(l)*Flow down to subcontracts.* The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph, in all subcontracts under this contract that will require Subcontractor employees to possess access authorizations. Additionally, the Contractor must require such Subcontractors to have an existing DOD or DOE facility clearance or submit a completed SF 328, *Certificate Pertaining to Foreign Interests,* as required in DEAR 952.204-73 and obtain a foreign ownership, control and influence determination and facility clearance prior to award of a subcontract. Information to be provided by a Subcontractor pursuant to this clause may be submitted directly to the Contracting Officer. For purposes of this clause, Subcontractor means any Subcontractor at any tier and the term “Contracting Officer” means the DOE Contracting Officer. When this clause is included in a subcontract, the term “Contractor” shall mean Subcontractor and the term “contract” shall mean subcontract. (End of Clause) PART 970—DOE MANAGEMENT AND OPERATING CONTRACTS 5. The authority citation for Part 970 continues to read as follows: Authority: 42 U.S.C. 2201, 2282a, 2282b, 2282c; 42 U.S.C. 7101 et seq.; 41 U.S.C. 418b; 50 U.S.C. 2401 et seq. 970.0470-1 [Amended] 6. Section 970.0470-1(b) is amended by revising both mentions of “Directives System” to read “Directives Program.” 970.2201-1-1 [Amended] 7. Section 970.2201-1-1 is amended by removing the term “guidance” and adding in its place “requirements.” 8. Section 970.2201-1-2, paragraphs (a)(1)(i) and

(ii)are revised to read as follows: 970.2201-1-2 Policies. (a)(1) * * *

(i)Management and operating contractors are expected to bring experienced, proven personnel from their private operations to staff key positions on the contract and to recruit other well-qualified personnel as needed. Such personnel should be employed and treated during employment without discrimination by reason of race, color, religion, sex, age, disability, or national origin. Contractors shall be required to take affirmative action to achieve these objectives.

(ii)The job qualifications and suitability of prospective employees should be established by the contractor prior to employment by careful background checks. Such background checks should include, as appropriate: a credit check; verification of high school diploma received within the last five years or degree/diploma granted by an institution of higher learning; contacts with listed personal references; contacts with listed employers for the last five years (excluding employment of less than 60 days' duration, part-time employments, and craft/union employments); and local law enforcement checks when such checks are not prohibited by state or local law or regulation, and when the individual resides in the jurisdiction where the contractor is located. When a DOE access authorization will be required, the aforementioned background checks must be conducted and the uncleared employment applicant's or uncleared employee's job qualifications and suitability must be established before a request is made to the DOE to process the individual for an access authorization. In addition, each candidate for a DOE access authorization must be tested for the absence of any illegal drug as defined in 10 CFR part 707.4. Evidence must be furnished to DOE with the uncleared employment applicant's or uncleared employee's security forms that specify: the results of the test for the absence of any illegal drug, as defined in 10 CFR 707.4, and, for the background checks, the date each background check was conducted, the identity of the contact who provided the information, a synopsis of the information provided by each contact, and a statement that all relevant information available has been reviewed and favorably adjudicated in accordance with the contractor's personnel policies. When an uncleared applicant is hired specifically for a position which requires a DOE access authorization, the uncleared employee shall not be placed in that position prior to the access authorization being granted by DOE, unless approved by the head of the cognizant local security office. If an uncleared employee is placed in that position prior to access authorization being granted by the DOE, the uncleared employee may not be afforded access to classified information or matter, or to special nuclear materials (in categories requiring an access authorization) until DOE notifies the employer that an access authorization has been granted. Management and operating contractors and other contractors operating DOE facilities shall include the requirements set forth in this subsection in subcontracts (appropriately modified to identify the parties) wherein subcontract employees will be required to hold DOE access authorizations in order to perform on-site duties, such as protective force operations. [FR Doc. E8-3012 Filed 2-15-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF TRANSPORTATION Federal Transit Administration 49 CFR Part 612 [Docket FTA-2008-0005] RIN 2132-AA96 Contractor Performance Incentives for the Capital Investment Program AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Notice of proposed rulemaking (NPRM); request for comments. SUMMARY: This notice of proposed rulemaking provides interested parties with the opportunity to comment on the Federal Transit Administration's

(FTA)proposal to establish a new part 612 of Title 49 of the Code of Federal Regulations to establish procedures for 49 U.S.C. 5309 capital investment (New Starts) project sponsors to apply for incentive awards if their projects meet eligibility criteria for both cost and ridership estimates. This proposed rule would carry out certain provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: a Legacy for Users (SAFETEA-LU) (Pub. L. 109-59, August 10, 2005). Interested parties are invited to send comments on all facets of this proposal. DATES: Comments must be submitted by April 21, 2008. Late-filed comments will be considered to the extent practicable. ADDRESSES: You may submit comments identified by the docket number [FTA-2008-0005] by any of the following methods: *Federal eRulemaking Portal:* Go to *http://http://www.regulations.gov* . Follow the online instructions for submitting comments. *Mail:* U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey Ave SE., Washington, DC 20590. *Hand Delivery:* The West Building of the U.S. Department of Transportation, 1200 New Jersey Ave SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. *Fax:* 202-493-2251. *Instructions:* You must include the agency name (Federal Transit Administration) and Docket number (FTA-2008-0005) or the Regulatory Identification Number

(RIN)for this rulemaking at the beginning of your comments. You should submit two copies of your comments if you submit them by mail. If you wish to receive confirmation that FTA received your comments, you must include a self- addressed stamped postcard. Note that all comments received will be posted, without change, to *http://www.regulations.gov* including any personal information provided and will be available to internet users. Please see the Privacy Act section of this document. *Docket:* For access to the docket to read background documents and comments received, go to *http://www.regulations.gov* at any time or to the U.S. Department of Transportation, West Building, Ground Floor, Room W12-140, 1200 New Jersey Ave SE., Washington, DC 20590 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Sherry Riklin, Deputy Associate Administrator for Planning and Environment, 1200 New Jersey Avenue, SE., East Building, Washington, DC 20590, *phone:*

(202)366-4033, *fax:*

(202)493-2478 or e-mail, *Sherry.Riklin@dot.gov* . For legal questions, please contact Bonnie L. Graves, Attorney-Advisor, Legislation and Regulations Division, Office of Chief Counsel, Federal Transit Administration, 1200 New Jersey Avenue, SE., East Building, Washington, DC, 20590, phone:

(202)366-0944, fax:

(202)366-3809, or e-mail, *Bonnie.Graves@dot.gov* . SUPPLEMENTARY INFORMATION: I. Background On August 10, 2005, President Bush signed the Safe, Accountable, Flexible, and Efficient Transportation Equity Act—A Legacy for Users (SAFETEA-LU). Section 3011 of SAFETEA-LU made a number of changes to 49 U.S.C. 5309 (“Section 5309”), which authorizes the Federal Transit Administration's (FTA's) capital investment grant program. SAFETEA-LU emphasized the need to improve the accuracy of the estimates of ridership and costs used to support the selection of a capital investment project (“New Start”) as a locally preferred alternative

(LPA)for Section 5309 funds. Section 5309(d)(4)(B)(i) and Section 5309(e)(4)(D) add “the reliability of forecasting methods” as a new evaluation consideration; Section 5309(g)(2)(C) codifies the “before and after” study requirement; and Section 5309(l)(2) requires FTA to produce an annual report on contractor performance in the development of ridership forecasts and cost estimates for New Starts projects. *Incentive Awards:* Federal transit law supports the use of incentives to encourage the development of more reliable cost and ridership estimates for New Starts funded under Section 5309. Section 5309(h)(2) authorizes FTA to adjust the final net project cost of a new fixed guideway capital project to include the cost of eligible activities not included in the originally defined project if FTA determines that the originally defined project has been completed at a cost that is significantly below the original estimate. Section 5309(h)(3) accords FTA the discretion to provide a higher percentage of New Starts funding than that requested by the project sponsor as an incentive to producing reliable ridership forecasts and cost estimates. *Contractor Incentives:* A number of provisions in Section 5309 recognize that contractors to grant recipients play an important role in increasing the reliability of forecasting methods to estimate costs and utilization of New Starts projects. Section 5309(d)(4)(B)(i) requires FTA to consider the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and contractors to the recipient. Section 5309(l)(2) requires FTA to report to Congress annually on the consistency and accuracy of cost and ridership estimates made by each contractor to public transportation agencies developing New Starts projects. Further, Section 5309(l)(3) directs FTA to report to Congress on the suitability of allowing contractors to public transportation agencies that undertake New Starts projects to receive performance incentive awards if a project is completed for less than the original estimated cost. FTA completed this report on November 20, 2006; it is available for review on our web site: *http://www.fta.dot.gov/documents/ContractorPerformanceIncentiveReport102006.pdf* . This NPRM would further encourage accurate cost and ridership estimates through the award of additional New Starts funds to project sponsors, which they can choose to pass along to their contractors. The NPRM would complement the Contractor Performance Assessment Report

(CPAR)referenced in section 5309(l)(2), which publicizes the identities of contractors with proven records of performing accurate cost and ridership estimation. *Incentive Award Standards:* Consistent with section 5309(h)(3), FTA proposes that a New Starts project sponsor would be eligible for an incentive award if actual opening year ridership is not less than 90 percent of that forecast and actual capital costs, adjusted for inflation, are not more than 110 percent of those estimated, at the time the project entered Preliminary Engineering (PE). The rulemaking proposes to determine whether to provide the incentive only after the project is complete and operating, when actual costs and ridership can be determined. FTA believes the incentive should only be provided for actual performance, not for projected performance. FTA proposes that the amount of the performance incentive award be based on the size and complexity of the project, and that the award be as high as an additional five percent of the New Starts funding under the Full Funding Grant Agreement

(FFGA)or Project Construction Grant Agreement (PCGA). FTA is particularly interested in public comment on the criteria FTA should use to determine the percentage for the award. For example, are more complicated and larger projects more deserving of a full five percent? Should the size or complexity of a project be the only general considerations? Are certain modes inherently more difficult for purposes of cost or ridership estimation (e.g., heavy rail as compared to light rail)? Should a project alignment with tunnels, bridges, or other special features receive more of an incentive award than a project without those features? Should FTA take the project sponsor's experience into account? If so, how? What other factors might FTA consider in determining the percentage of a performance incentive award? *Incentive Award Procedures:* Consistent with the intent and provisions of Section 5309, FTA proposes to include an incentive clause in the standard terms and conditions of an FFGA and a PCGA that would allow for an amendment to the grant to award additional New Starts funds for any one of three purposes:

(1)To increase the Federal funding contribution to a project;

(2)to allow for the addition of project scope; or

(3)to provide a financial reward to contractors that have performed sufficiently accurate cost and ridership estimates. The change or addition to project scope could include capital items designed to improve passengers' ridership experience, such as transit enhancements as defined in 49 U.S.C. 5302(a)(15), additional safety or security measures, or new rail rolling stock. Based on the requirements for the “Before and After” Study, FTA proposes that the project sponsor would submit the data collected on the transit system two years after the beginning of revenue operations. The data would include ridership patterns and information on the as-built scope and capital costs of the project. Note: An FFGA is the form of grant award whereby FTA provides $75 million or more in Federal financial assistance under 49 U.S.C. 5309(d) for construction of a New Starts project. A PCGA is the form of grant award whereby FTA provides less than $75 million in Federal financial assistance under 49 U.S.C. 5309(e) for construction of a “Small Starts” project. The regulations governing New Starts projects seeking FFGAs are codified at 49 CFR part 611. FTA has not yet promulgated regulations for Small Starts projects, but guidance on the development of Small Starts projects is available through the agency's Web site, *http://www.fta.dot.gov.* FTA seeks comments on the proposal to provide incentives to New Start project sponsors and their contractors who provide reliable cost and utilization estimates. FTA is particularly interested in comments on how it might implement incentives for contractors to public transportation agencies. Based on comments received on this NPRM, FTA plans to issue a final rule that will establish procedures for project sponsors to apply for incentive awards of Section 5309 New Starts funds if their project meets eligibility criteria for both cost and ridership estimates, and to share those awards with contractors that produce reliable cost and ridership estimates. We note, moreover, that the award of additional Federal financial assistance for a New Starts or Small Starts project to reward a grantee or its contractors for accurate cost and ridership estimates would be strictly limited to New Starts funds under 49 U.S.C. 5309(d) or 5309(e). Occasionally, New Starts and Small Starts projects are financed with additional sources of Federal assistance, such as Section 5309 Fixed Guideway Modernization and Bus & Bus Facilities funding, Section 5307 Urbanized Area Formula funding, or funding under the Surface Transportation Program and Congestion Mitigation and Air Quality program, but none of these other sources of Federal funding will be available for these incentive awards. II. Rulemaking Analysis And Notices Executive Order 12866 This NPRM is significant for purposes of Executive Order 12866 and the Department of Transportation's Regulatory Policies and Practices. The NPRM proposes to establish procedures for Section 5309 capital investment project sponsors to apply for incentive awards if their project meets eligibility criteria for both cost and ridership estimates and is a Departmental priority. These proposals are not expected to have noteworthy cost impacts on regulated parties. FTA requests comment on whether this rulemaking may have unintended cost impacts. Federalism Assessment This proposed rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (“Federalism”). FTA believes this rule does not impose any requirements that would have substantial direct effects on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Executive Order 13175 This proposed rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (“Consultation and Coordination with Indian Tribal Governments”). Because this proposed rule does not have tribal implications and does not impose direct compliance costs, the funding and consultation requirements of Executive Order 13175 do not apply. Regulatory Flexibility Act and Executive Order 13272 Section 603 of the Regulatory Flexibility Act

(RFA)requires an agency to prepare an initial regulatory flexibility analysis describing impacts on small entities whenever an agency is required by 5 U.S.C. 553 to publish a general notice of proposed rulemaking for any proposed rule. Similarly, section 604 of the RFA requires an agency to prepare a final regulatory flexibility analysis when an agency issues a final rule under 5 U.S.C. 553 after being required to publish a general notice of proposed rulemaking. Because this proposed rulemaking establishes a process by which entities may seek increased funding as an incentive for accurate ridership and cost estimates, FTA does not believe this NPRM will have a significant economic impact on a substantial number of small entities. FTA requests public comment on whether this rulemaking may have unintended impacts on small entities. Unfunded Mandates Reform Act of 1995 This proposed rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. It does not result in costs of $120.7 million or more, in the aggregate, to any of the following: State, local, or Native American tribal governments, or the private sector. Paperwork Reduction Act There are no new information collection requirements in this NPRM. Regulation Identifier Number

(RIN)A regulation identifier number

(RIN)is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN number contained in the heading of this document may be used to cross-reference this action with the Unified Agenda. Environmental Assessment The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321-4347), requires Federal agencies to consider the consequences of major Federal actions and prepare a detailed statement on actions significantly affecting the quality of the human environment. We find that there are no significant environmental impacts associated with this NPRM, but ask for public comment on this issue. Privacy Act Anyone is able to search the electronic form for all comments received into any of our dockets by the name of the individual submitting the comments (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78). List of Subjects in 49 CFR Part 612 Grant Programs—Transportation; Mass Transportation. For the reasons set forth in the preamble, we propose to amend title 49, chapter VI of the Code of Federal Regulations by adding a new part as follows: PART 612—CONTRACTOR PERFORMANCE INCENTIVES FOR THE CAPITAL INVESTMENT PROGRAM Sec. 612.1 Purpose. 612.3 Definitions. 612.5 Eligible candidates. 612.7 Payment mechanism. 612.9 Incentive award standards. 612.11 Incentive amount. 612.13 Funding source. 612.15 Eligible uses of award. Authority: 49 U.S.C. 5309; 49 U.S.C. 5334; 49 CFR 1.51 § 612.1 Purpose. To improve the accuracy of the estimates of ridership and costs used to support the selection of a fixed guideway capital project as a locally preferred alternative (LPA), this rule establishes procedures for 49 U.S.C. 5309 (“Section 5309”) capital investment project sponsors to apply for and receive incentive awards if their project meets eligibility criteria for both cost and ridership estimates. § 612.3 Definitions. As used in this part, the following definitions apply: *Before and After Study* refers to the project sponsor's comparison and analysis of planning assumptions, forecast results, and existing transit system characteristics “before” implementation of a New Starts project with the project costs and benefits realized “after” two years of revenue service. *Contractor Performance Assessment Report* refers to an annual report to Congress, in which FTA reports the accuracy of contractor projections for cost and ridership from entry into Preliminary Engineering

(PE)through two years after the system is open for service. *Full Funding Grant Agreement (FFGA)* refers to an instrument that defines the scope of a project, the Federal financial contribution, and other terms and conditions for funding New Starts projects as required by 49 U.S.C. 5309(d)(1) and (g)(2). *Project Construction Grant Agreement (PCGA)* refers to an instrument that defines the scope of a project, the Federal financial contribution, and other terms and conditions for funding Small Starts projects as required by 49 U.S.C. 5309(e)(7). *Section 5309 capital investment project* refers to a new fixed guideway system or an extension to an existing fixed guideway system, but does not include rail modernization or non-corridor bus capital projects funded under 49 U.S.C. 5309. § 612.5 Eligible candidates. All Section 5309 capital investment project sponsors who will or have receive(d) a Full Funding Grant Agreement

(FFGA)or a Project Construction Grant Agreement

(PCGA)after August 10, 2005, are eligible to receive incentive awards. § 612.7 Payment mechanism.

(a)Full Funding Grant Agreements

(FFGA)and Project Construction Grant Agreements

(PCGA)for Section 5309 capital investment projects will include an incentive clause that will allow for an amendment to either increase the Federal funding contribution, allow for the addition of scope, or provide a financial award, when the criteria of § 612.9 have been met.

(b)Upon submission of its “before and after” data documenting that the project meets the cost and ridership criteria, the project sponsor may request that FTA award the project sponsor a performance incentive. § 612.9 Incentive award standards.

(a)For a project sponsor to be eligible to receive a performance incentive award, the project must meet criteria for both cost and ridership estimates.

(1)Actual opening year ridership shall be not less than 90 percent of that forecast; and

(2)Actual capital costs, adjusted for inflation, shall be not more than 110 percent of those estimated; at the time the project entered Preliminary Engineering (PE).

(b)FTA will base its incentive award eligibility determination on the cost and ridership information provided by the project sponsor to FTA for the purposes of the “Before and After Study” and the “Contractor Performance Assessment Report.” § 612.11 Incentive amount. FTA will determine the amount of the performance incentive award based on the size and complexity of the project and may award up to an additional five percent of the federal grant amount identified in the FFGA or PCGA. § 612.13 Funding source. Incentive funds will be available from New Starts funds available under 49 U.S.C. 5309(d) or 5309(e). § 612.15 Eligible uses of award. The performance incentive award may be:

(a)used to fund any item eligible under 49 U.S.C. 5309(b)(1) or (b)(4); or

(b)shared with contractors that prepared reliable cost and ridership estimates for the project. Issued in Washington, DC, this 12th day of February 2008. James S. Simpson, Administrator. [FR Doc. E8-3025 Filed 2-15-08; 8:45 am] BILLING CODE 4910-57-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [FWS-R1-ES-2008-0016; 1111 FY07 MO-B2] RIN 1018-AV00 Endangered and Threatened Wildlife and Plants; Listing Phyllostegia hispida (No Common Name) as Endangered Throughout Its Range AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; request for public comments. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to list *Phyllostegia hispida* (no common name), a plant species from the island of Molokai in the Hawaiian Islands, as endangered under the Endangered Species Act of 1973, as amended (Act). If we finalize this rule as proposed, it would extend the Act's protections to this species. We have determined that critical habitat for *Phyllostegia hispida* is prudent but not determinable at this time. DATES: We will accept comments received or postmarked on or before April 21, 2008. We must receive requests for public hearings, in writing, at the address shown in the ADDRESSES section by April 4, 2008. ADDRESSES: You may submit comments by one of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *U.S. mail or hand-delivery:* Public Comments Processing, Attn: RIN 1018-AV00; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222, Arlington, VA 22203. We will not accept e-mail or faxes. We will post all comments on *http://www.regulations.gov.* This generally means that we will post any personal information you provide us (see the Public Comments Solicited section below for more information). FOR FURTHER INFORMATION CONTACT: Patrick Leonard, Field Supervisor, U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Box 50088, Honolulu, HI 96850; telephone 808-792-9400; facsimile 808-792-9581. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service

(FIRS)at 800-877-8339. SUPPLEMENTARY INFORMATION: Public Comments We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from the public, other concerned governmental agencies, the scientific community, industry, or any other interested party concerning this proposed rule. We particularly seek comments concerning:

(1)Biological, commercial trade, or other relevant data concerning any threats (or lack thereof) to this species and regulations that may be addressing those threats;

(2)Additional information concerning the range, distribution, and population size of this species, including the locations of any additional populations of this species;

(3)Any information on the biological or ecological requirements of the species;

(4)Current or planned activities in the areas occupied by the species and possible impacts of these activities on this species;

(5)Which areas would be appropriate as critical habitat for the species and why they should be proposed for designation as critical habitat; and

(6)The reasons why areas should or should not be designated as critical habitat as provided by section 4 of the Act (16 U.S.C. 1531, *et seq.* ), including whether the benefits of designation would outweigh threats to the species that designation could cause, such that the designation of critical habitat is prudent. You may submit your comments and materials concerning this proposed rule by one of the methods listed in the ADDRESSES section. We will not accept comments sent by e-mail or fax or to an address not listed in the ADDRESSES section. We will not accept anonymous comments; your comment must include your first and last name, city, State, country, and postal

(zip)code. Finally, we will not consider hand-delivered comments that we do not receive, or mailed comments that are not postmarked, by the date specified in the DATES section. We will post your entire comment—including your personal identifying information—on *http://www.regulations.gov.* If you provide personal identifying information in addition to the required items specified in the previous paragraph, such as your street address, phone number, or e-mail address, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on *http://www.regulations.gov,* or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT section). Background *Phyllostegia hispida* is known only from the island of Molokai, Hawaii. Molokai is approximately 38 miles

(mi)(61 kilometers (km)) long and up to 10 mi (16 km) wide, and encompasses an area of about 260 square

(sq)mi (674 sq km) (Foote, *et al.* 1972, p. 11; Department of Geography 1998, p. 13). Three shield volcanoes make up most of the land mass, dividing the island into roughly three geographic segments—West Molokai Mountain, East Molokai Mountain, and a volcano that formed Kalaupapa Peninsula (Department of Geography 1998, pp. 11, 13). The taller and larger East Molokai Mountain which makes up eastern Molokai rises 4,970 ft (1,514 m) above sea level on the island's summit at Kamakou and comprises roughly 50 percent of the island's land area (Department of Geography 1998, p. 11; Foote, *et al.* 1972, p. 11). *Phyllostegia hispida* is known only from the wet forests of eastern Molokai, at elevations from 2,300 to 4,200 feet

(ft)(700 to 1,280 meters (m)) (Wagner, *et al.* 1999, p. 819). The wet forests where *Phyllostegia hispida* has been recorded are found only on the windward side of East Molokai, which differs topographically from the leeward side. Precipitous cliffs line the northern windward coast, with deep inaccessible valleys dissecting the coastline. The annual rainfall on the windward side ranges from 75 to over 150 inches

(in)(200 to over 375 centimeters (cm)), distributed throughout the year. The soils are poorly drained and high in organic matter. The gulches and valleys are usually very steep, but sometimes gently sloping (Foote, *et al.* 1972, p. 14). The native habitats and vegetation of the Hawaiian Islands have undergone extreme alterations because of past and present land use, as well as the intentional or inadvertent introduction of nonnative plant and animal species. Introduced mammals, particularly pigs ( *Sus scrofa* ), have greatly impacted native Hawaiian plant communities. Pigs have been described as the most pervasive and disruptive nonnative influence on the unique native forests of the Hawaiian Islands, and are widely recognized as one of the greatest threats to forest ecosystems in Hawaii today (Aplet, *et al.* 1991, p. 56; Anderson and Stone 1993, p. 195; Loope 1999, p. 56). Introduced (nonnative) plant species, which now comprise approximately half of the plant taxa in the islands, have come to dominate many Hawaiian ecosystems, and frequently outcompete native plants for space, light, water, and nutrients, as well as alter ecosystem function, rendering habitats unsuitable for native species (Cuddihy and Stone 1990, pp. 73-91; Vitousek 1986, pp. 29-41). The plant *Phyllostegia hispida,* known only from the island of Molokai, has only a few recorded occurrences, and for a short period of time recently, was thought to be possibly extinct in the wild. Alteration of the plant's native habitat by feral pigs and nonnative plants are thought to be the primary threats to *P. hispida,* in conjunction with the threat of predation by feral pigs, competition with nonnative plants, and the negative demographic and genetic consequences of extremely small population size. Species Information *Phyllostegia hispida* was first described by William Hillebrand in 1870 from a specimen collected from an area that he described as the “heights of Mapulehu” on the island of Molokai (Wagner, *et al.* 2005), and is recognized as a distinct taxon in Wagner, *et al.* (1999, pp. 817-819). Wagner, *et al.* describes the plant as a non-aromatic member of the mint family (Lamiaceae). *P. hispida* is described as a loosely spreading, many-branched vine that often forms large tangled masses. Leaves are thin and flaccid with hispid hairs and glands. The leaf margins are irregularly and shallowly lobed. Six to eight white flowers make up each verticillaster (a false whorl, composed of a pair of nearly sessile cymes in the axils of opposite leaves or bracts), and nutlets are approximately 0.1 in (2.5 millimeters (mm)) long (Wagner, *et al.* 1999, pp. 817-819). No life history information is currently available on this species. The few documented specimens of *Phyllostegia hispida* are typically found in wet *Metrosideros polymorpha* (ohia)-dominated forest at an elevation between 3,650 and 4,200 ft (1,112 and 1,280 m). Associated native species included *Cheirodendron trigynum* (olapa), *Ilex anomala* (aiae), *Cibotium glaucum* (hapuu), *Broussaisia argutus* (kanawao), *Rubus hawaiensis* (akala), *Sadleria cyatheoides* (amau), * Pipturus albidus * (mamaki), *Nertera granadensis* (makole), *Athyrium microphyllum, Elaphoglossum fauriei,* and bryophytes (HBMP Database 2005). From 1910 to 1979, there were a total of 8 recorded occurrences of *Phyllostegia hispida* in the wet forests of eastern Molokai (Hawaii Biodiversity and Mapping Program

(HBMP)Database 2005). None of these historic occurrences have been relocated during surveys conducted in the wet forests of east Molokai over the past several years (The Nature Conservancy of Hawaii

(TNCH)1997b, pp. 1-19; Steve Perlman and Ken Wood, National Tropical Botanical Garden (NTBG), pers. comms. 2006). In 1996, two adult plants were found in eastern Molokai within TNCH's Kamakou Preserve, one next to the Pepeopae Boardwalk and the other east of Hanalilolilo growing along the fence within the State of Hawaii's Puu Alii Natural Area Reserve (NAR). Within only a few months of discovery, the individual growing along the Puu Alii fence died (HBMP Database 2005; TNCH 1997a, p. 2). In 1997, a single *Phyllostegia* individual was discovered on the rim of Pelekunu Valley in the Puu Alii NAR (HBMP Database 2005; TNCH 1997b, p. 6). There is some uncertainty, however, as to whether this individual was, in fact, *P. hispida,* as it was identified as *P. manni* by Hawaii Division of Forestry and Wildlife (DOFAW) staff based upon the size and lobing of its leaves (Robert Hobdy, Robert Hobdy Environmental Consultant, pers. comm. 2006; Joel Lau, HBMP, pers. comm. 2006; Torrie Nohara, DOFAW, pers. comm. 2006). This individual plant was protected from feral ungulates inside a fenced exclosure. Seeds were collected, and seedlings were produced by DOFAW and outplanted into the exclosure with the wild plant (T. Nohara, pers. comm. 2006). In November 1996, TNCH erected an exclosure around the Pepeopae Boardwalk individual and began frequent, recurrent weeding and monitoring within the fenced area (TNCH 1997a, p. 2). They also built an exclosure approximately 656 ft (200 m) away for future outplantings of propagated individuals. Plants grown from leaf buds collected from the Pepeopae Boardwalk plant were outplanted into the exclosure in December 1997 (TNCH 1998a, p. 7). They survived through 1998 (TNCH 1998b, Appendix 1, dot 28), but have since been confirmed dead (Sam Aruch, TNCH, pers. comm. 2006; Ed Misaki, TNCH, pers. comm. 2006). The Pepeopae Boardwalk individual died in 1998 or 1999 (HBMP Database 2005), and the wild plant and outplantings in Puu Alii NAR, which may possibly have been *Phyllostegia manni* and not *P. hispida* (see above; the question of taxonomic identity was never resolved), died several years ago (S. Perlman, pers. comm. 2005; K. Wood, pers. comm. 2005; Guy Hughes, Kalaupapa National Historic Park (KNHP), pers. comm. 2006). The University of Hawaii's Lyon Arboretum has material from the individual that was growing along the Puu Alii fence and from the Pepeopae Boardwalk individual in micropropagation (Service Captive Propagation Database

(SCPD)2005). Surveys have been conducted in the wet forests of east Molokai over the years, but failed to locate additional *Phyllostegia hispida* plants. The species was thought to have been extirpated from the wild until 2005, when two seedlings were found in a Hanalilolilo stream bank in Kamakou Preserve, indicating the possible presence of a mature plant, or plants, somewhere in the vicinity (TNCH 1997b, pp. 1-19; S. Perlman, pers. comm. 2005; S. Perlman and K. Wood, pers. comms. 2006). One of the seedlings was collected by a botanist with HBMP and provided to Lyon Arboretum in Honolulu, which in turn provided it to KNHP on Molokai for attempted propagation. That plant has since died (G. Hughes and Bill Garnett, KNHP, pers. comms. 2006). The other seedling was collected by a botanist with NTBG. Cuttings were propagated from this seedling and provided to KNHP for growing out (S. Perlman, pers. comm. 2006). *Phyllostegia hispida* was again thought to be extirpated from the wild until a single juvenile plant was discovered in May 2006 within the Puu Alii NAR along the Puu Alii fenceline at 4,100 ft (1,250 m) elevation (S. Perlman, pers. comm. 2006). Although protected within a 10-ft (3-m) diameter fenced exclosure (Bryan Stevens, Maui DOFAW, pers. comm. 2006), that individual has died for unknown reasons (H. Oppenheimer, Maui Plant Extinction Prevention Program (PEP), pers. comm. 2007). However, 10 new wild plants were discovered within the Puu Alii NAR in April 2007; although most are seedlings, one of these individuals is mature and has fruited and produced seeds (H. Oppenheimer, pers. comm. 2007). Seeds were collected from the mature plant and sent to the Lyon Arboretum, and cuttings were taken from some of the other plants for propagation. Four of the newly discovered seedlings were found next to the Puu Alii fence, and are enclosed with temporary fencing material. In addition to the newly identified wild plants, 12 of the cuttings that were grown out at KNHP were outplanted into an enclosure in TNCH's Kamakou Preserve in April 2007, and 11 of these were still doing well as of June 2007. Another 12 were outplanted into a second enclosure in Kamakou Preserve in June 2007 (H. Oppenheimer, pers. comm. 2007), bringing the total number of *Phyllostegia hispida* plants in the wild to 10 naturally occurring and 23 recently outplanted individuals. Previous Federal Action We first identified *Phyllostegia hispida* as a candidate for listing in the September 19, 1997, Notice of Review of Plant and Animal Taxa that are Candidates or Proposed for Listing as Endangered or Threatened Species (Notice of Review) (62 FR 49397). Candidates are those taxa for which we have on file sufficient information on biological vulnerability and threats to support preparation of a listing proposal, but for which development of a listing regulation is precluded by other higher priority listing activities. On May 4, 2004, the Center for Biological Diversity petitioned the Service to list 225 species of plants and animals as endangered under the provisions of the Act, including *Phyllostegia hispida.* In our Notice of Review, dated September 12, 2006, we retained a listing priority number of 2 for this species, in accordance with our priority guidance published on September 21, 1983 (48 FR 43098). A listing priority of 2 reflects threats that are both imminent and high in magnitude, as well as the taxonomic classification of *P. hispida* as a full species. We determined that publication of a proposed rule to list the species was precluded by our work on higher priority listing actions during the period from May 2, 2005, through August 23, 2006 (71 FR 53756). However, we have since completed those actions. As such, we had available resources to initiate the proposal to list this species. Summary of Factors Affecting the Species Section 4 of the Act and its implementing regulations (50 CFR part 424) set forth the procedures for adding species to the Federal list of endangered and threatened species. A species may be determined to be an endangered or threatened species due to one or more of the five factors described in section 4(a)(1) of the Act. The five listing factors are:

(A)The present or threatened destruction, modification, or curtailment of its habitat or range;

(B)overutilization for commercial, recreational, scientific, or educational purposes;

(C)disease or predation;

(D)the inadequacy of existing regulatory mechanisms; and

(E)other natural or manmade factors affecting its continued existence. A. The Present or Threatened Destruction, Modification, or Curtailment of Its Habitat or Range As with virtually every other native plant community in the islands, the wet forests of Molokai where *Phyllostegia hispida* occurs have been impacted by introduced (nonnative) pigs and introduced (nonnative) plants (DOFAW 1991, pp. 3, 14-23; TNCH 1994, pp. 6, 9-12; HBMP Database 2005). The poor reproduction and survivorship of *P. hispida* clearly indicate that the current conditions are less than optimal for this species, although we do not yet fully understand the specific mechanisms that are undermining its viability. Feral Pigs European pigs, introduced to Hawaii by Captain James Cook in 1778, hybridized with domesticated Polynesian pigs, became feral, and invaded forested areas, especially wet and mesic forests and dry areas at high elevations. They are currently present on Kauai, Niihau, Oahu, Molokai, Maui, and Hawaii. These introduced pigs are extremely destructive and have both direct and indirect impacts on native plant communities. While rooting in the earth in search of invertebrates and plant material, pigs directly impact native plants by disturbing and destroying vegetative cover, trampling plants and seedlings, and may reduce or eliminate plant regeneration by damaging or eating seeds and seedlings (further discussion of predation is under Factor C, below). Pigs are a major vector for the establishment and spread of competing invasive nonnative plant species, by dispersing these plant seeds on their hooves and coats as well as through their digestive tracts, and by fertilizing the disturbed soil through their feces. Pigs feed preferentially on the fruits of many nonnative plants, such as *Passiflora mollisima* (banana poka) and *Psidium cattleianum* (strawberry guava), thereby facilitating the spread of these invasive species, and also contribute to erosion by clearing vegetation and creating large areas of disturbed soil, especially on slopes (Aplet, *et al.* 1991, p. 56; Smith 1985, pp. 190, 192, 196, 200, 204, 230-231; Stone 1985, pp. 254-255, 262-264; Medeiros, *et al.* 1986, pp. 27-28; Scott, *et al.* 1986, pp. 360-361; Tomich 1986, pp. 120-126; Cuddihy and Stone 1990, pp. 64-65; Loope, *et al.* 1991, pp. 1-21; Wagner, *et al.* 1999, p. 52). Feral pigs are present in the wet forest habitat formerly and currently inhabited by *Phyllostegia hispida* within Puu Alii NAR and Kamakou Preserve, and their impacts continue to degrade the condition of the forest there (DOFAW 1991, pp. 3, 14-23; TNCH 1994, pp. 6, 9-12; HBMP Database 2005). They are considered a major threat to native species and to the overall health of the watershed in which *P. hispida* occurs (DOFAW 1991, pp. 3, 14-23; TNCH 1994, pp. 6, 9-12). Significant management actions are directed at feral ungulate control in the area where *P. hispida* has been found within Puu Alii NAR and Kamakou Preserve on Molokai, such as large-scale watershed fencing, construction of ungulate exclosures around rare plants, public hunting, and staff hunting (TNCH 1997a, pp. 2-3; TNCH 1998a, pp. 1-2, 7; DOFAW 2000, pp. 3, 12; HBMP Database 2005). When the individual *P. hispida* was discovered in 1996 next to the boardwalk at Pepeopae, TNCH noted pig signs ( *e.g.* , droppings, evidence of rooting, wallows) in the vicinity (HPMP Database 2005) and immediately erected a fenced exclosure around the plant to protect it (TNCH 1997a, pp. 2-3). Similarly, a fenced exclosure was erected around the individual that was discovered within the Puu Alii NAR in 1997 to protect it from feral pigs (T. Nohara, pers. comm. 2006). The juvenile plant discovered within the Puu Alii NAR in 2005 was immediately fenced to protect it from feral pigs (B. Stevens, pers. comm. 2006), as were four of the most recently discovered plants along the fenceline at Puu Alii NAR (H. Oppenheimer, pers. comm. 2007). Due to the well-documented negative impacts of feral pigs on native Hawaiian plant communities, the known habitat degradation caused by pigs in the habitat occupied by *P. hispida,* and the continuing presence of pigs in the limited area where *P. hispida* is found, we consider habitat modification and degradation by feral pigs to be a significant and immediate threat to this species. Nonnative Plants Introduced nonnative plant species are a pervasive threat to the native flora throughout the Hawaiian Islands. Of the current total of nearly 2,000 native and naturalized plant taxa, approximately half are introduced nonnative species from other parts of the world, and nearly 100 of these are considered invasive pest species (Smith 1985, p. 180). On the Hawaiian Islands and other tropical islands, studies have shown that many of these introduced plant taxa outcompete and displace native plants, and often alter the habitat to the point that it is no longer suitable for the native plant species; these studies include nonnative pest plants found in habitat similar to that of *Phyllostegia hispida* (Smathers and Gardner 1978, pp. 274-275; Smith 1985, pp. 196, 206, 230; Loope and Medeiros 1992, pp. 7-8; Medeiros, *et al.* 1992, pp. 30-32; Ellshoff, *et al.* 1995, pp. 1-5; Meyer and Florence 1996, pp. 777-780; Medeiros, *et al.* 1997, pp. 30-32; Loope, *et al.* 2004, pp. 1472-1473). In particular, nonnative pest plants may make habitat less suitable for native plants by modifying availability of light, altering soil-water regimes, modifying nutrient cycling, or altering fire characteristics of native plant communities (Smith 1985, pp. 206, 217, 225, 227-233; Cuddihy and Stone 1990, p. 74). Although there is no empirical evidence specific to *P. hispida* due to the lack of research on the species, scientists familiar with *P. hispida* believe it does not handle either shade or competition well (H. Oppenheimer, pers. comm. 2007), and nonnative plants are likely to contribute to both of these conditions. Examples of some of the nonnative plants documented in the area occupied by *P. hispida* include *Axonopus fissifolius* (narrow-leaved carpetgrass), *Clidemia hirta* (Koster's curse), *Erechtites valerianifolia* (fireweed), *Juncus effuses* (Japanese mat rush), *Rubus rosifolius* (thimbleberry), and *Sacciolepis indica* (Glenwood grass). Because of demonstrated habitat modification and resource competition by nonnative plant species in habitat similar to the wet forest habitat of *P. hispida,* and the ongoing presence of high numbers of invasive nonnative plant species in the area currently occupied by *P. hispida,* we consider habitat modification and degradation by nonnative plants to be a significant and immediate threat to this species. B. Overutilization for Commercial, Recreational, Scientific, or Educational Purposes Overutilization for commercial, recreational, scientific, or educational purposes is not known to be a threat to *Phyllostegia hispida,* and as such is not addressed in this proposal. C. Disease or Predation Because the native vegetation of Hawaii evolved without any browsing or grazing mammals present, many plant species do not have natural defenses against such impacts (Carlquist 1980, pp. 173-175; Lamoureux 1994, pp. 54-55). Native plants such as *Phyllostegia hispida* do not have physical or chemical adaptations, such as thorns or noxious compounds, to protect them, thereby rendering them particularly vulnerable to predation by introduced pigs or other ungulates (Department of Geography 1998, pp. 137-138; Carlquist 1980, p. 175). Browsing by ungulates has been observed on many other native plants, including common and rare or endangered species (Cuddihy and Stone 1990, pp. 64-65). In a study of feral pig populations in the Kipahulu Valley on the island of Maui, pigs were observed feeding on at least 40 plant species in the rainforest ecosystem, 75 percent of which were native plants occurring in the herbaceous understory and subcanopy layer (Diong 1982, p. 160). Therefore, even though we have no evidence of direct browsing for *P. hispida,* given the presence of pigs in the area where *P. hispida* occurs, we consider it likely that pigs may impact the species directly through predation. Therefore, we believe feral pigs pose a potentially significant and immediate threat to the species. D. The Inadequacy of Existing Regulatory Mechanisms Currently, there are no Federal, State, or local laws, treaties, or regulations that specifically conserve or protect *Phyllostegia hispida* from the threats described in this rule. E. Other Natural or Manmade Factors Affecting Its Continued Existence The most significant threat to *Phyllostegia hispida* is its extremely low numbers. A total of 33 plants, only one of which is reproductively mature, are currently known to exist in the wild. Twenty-three of these are only recently outplanted. Although propagules of *P. hispida* have been collected on an opportunistic basis and some controlled propagation of the species has taken place, there is no dedicated funding for propagation of the species and no formal plan exists for outplanting and reintroduction. Outplantings have been attempted on an *ad hoc* basis, but unfortunately none of these outplantings has yet proven successful for more than the short-term. Species that are known from few wild individuals and are endemic to a single, small island are inherently more vulnerable to extinction than widespread species because of the higher risks posed to a few populations and individuals by genetic bottlenecks, random demographic fluctuations, and localized catastrophes, such as hurricanes and disease outbreaks (Mangel and Tier 1994, pp. 607-614; Pimm, *et al.* 1988, pp. 757-785). In the case of *Phyllostegia hispida* , the entire population of the species is small and restricted to a highly localized geographic area, rendering it highly vulnerable to the risk of extinction in the wild due to the lack of redundancy in populations. Although some species are naturally rare, the poor survivorship of *P. hispida* suggest that the requisite biological or ecological needs of the species are not being met under current conditions. Deterministic factors, such as habitat alteration or loss of a key pollinator, may have reduced this population to such a small size that it is now vulnerable to a stochastic extinction event (Gilpin and Soulé 1986, pp. 24-25). Small population size has therefore become a primary and immediate threat to this species. Proposed Determination We have carefully assessed the best scientific and commercial information available regarding the past, present, and future threats to *Phyllostegia hispida* . The species' extremely low numbers and highly restricted geographic range make it particularly susceptible to extinction at any time from random events such as hurricanes. There is only one plant known to exist in the wild that is reproductively mature. Although several individuals have recently been outplanted, no outplanting effort for this species has yet been successful. Therefore, the future of these propagated individuals is highly uncertain. Although the species is found on protected lands, it nonetheless faces immediate and continuing threats from habitat destruction and degradation due to feral pig activity, competition with nonnative plant species, and predation by nonnative mammals, as well as the threat of extinction at any time from a random stochastic event such as a hurricane. The Endangered Species Act (Sec. 3(5)(C)(6)) defines an endangered species as “any species which is in danger of extinction throughout all or a significant portion of its range.” Based on the immediate and ongoing significant threats to *Phyllostegia hispida* throughout its entire limited range, as described above, and the fact that there is only one adult reproductive individual of the species known, we consider the species *P. hispida* to be in danger of extinction throughout all of its range. Therefore, on the basis of the best available scientific and commercial information, we are proposing to list *P. hispida* as an endangered species. Available Conservation Measures Conservation measures provided to species listed as endangered or threatened under the Act include recognition, recovery actions, requirements for Federal protection, and prohibitions against certain practices. Recognition through listing results in public awareness and conservation by Federal, State, and local agencies, private organizations, and individuals. The Act encourages cooperation with the States and requires that recovery actions be carried out for all listed species. The protection required of Federal agencies and the prohibitions against certain activities involving listed plants are discussed, in part, below. Section 7(a) of the Act, as amended, requires Federal agencies to evaluate their actions with respect to any species that is proposed or listed as endangered or threatened and with respect to its critical habitat, if any is designated. Regulations implementing this interagency cooperation provision of the Act are codified at 50 CFR part 402. Section 7(a)(4) requires Federal agencies to confer with the Service on any action that is likely to jeopardize the continued existence of a species proposed for listing or result in destruction or adverse modification of proposed critical habitat. If a species is listed subsequently, section 7(a)(2) requires Federal agencies to ensure that activities they authorize, fund, or carry out are not likely to jeopardize the continued existence of the species or destroy or adversely modify its critical habitat. If a Federal action may adversely affect a listed species or its critical habitat, the responsible Federal agency must enter into formal consultation with the Service. For *Phyllostegia hispida* , Federal agency actions that may require consultation as described in the preceding paragraph include the provision of Federal funds to State and private entities through Federal programs, such as the Service's Landowner Incentive Program, State Wildlife Grant Program, and Federal Aid in Wildlife Restoration program, as well as the various grants administered by the U.S. Department of Agriculture, Natural Resources Conservation Service. Other types of actions that may require consultation include Army Corps of Engineers activities, such as the construction or maintenance of boardwalks and bridges subject to section 404 of the Clean Water Act (33 U.S.C. 1344, *et seq.* ). The Act and its implementing regulations set forth a series of general prohibitions and exceptions that apply to endangered plants. All prohibitions of section 9(a)(2) of the Act, implemented by 50 CFR 17.61, apply. These prohibitions, in part, make it illegal for any person subject to the jurisdiction of the United States to import or export, transport in interstate or foreign commerce in the course of a commercial activity, sell or offer for sale in interstate or foreign commerce, or remove and reduce the species to possession from areas under Federal jurisdiction. In addition, for plants listed as endangered, the Act prohibits the malicious damage or destruction on areas under Federal jurisdiction and the removal, cutting, digging up, or damaging or destroying of such plants in knowing violation of any State law or regulation, including State criminal trespass law. Certain exceptions to the prohibitions apply to agents of the Service and State conservation agencies. Although Hawaii has a strong Endangered Species law (HRS, Sect. 195-D), *Phyllostegia hispida* is not currently protected under that law. Federal listing of *Phyllostegia hispida* will automatically invoke State listing under Hawaii's Endangered Species law and supplement the protection available under other State laws. The Federal Endangered Species Act will, therefore, offer additional protection to this species. The Act and 50 CFR 17.62 also provide for the issuance of permits to carry out otherwise prohibited activities involving endangered plants under certain circumstances. Such permits are available for scientific purposes and to enhance the propagation or survival of the species. We anticipate that the only permits that would be sought or issued for *Phyllostegia hispida* would be in association with recovery efforts, as this species is not common in cultivation or the wild. Requests for copies of the regulations regarding listed species and inquiries about prohibitions and permits may be addressed to U.S. Fish and Wildlife Service, Ecological Services, Eastside Federal Complex, 911 NE. 11th Avenue, Portland, OR 97232-4181 (telephone 503-231-6158; facsimile 503-231-6243). Critical Habitat Background Critical habitat is defined in section 3 of the Act as

(i)the specific areas within the geographical area occupied by a species, at the time it is listed in accordance with the Act, on which are found those physical or biological features

(I)essential to the conservation of the species and

(II)that may require special management considerations or protection; and

(ii)specific areas outside the geographic area occupied by a species at the time it is listed, upon a determination that such areas are essential for the conservation of the species. Conservation, as defined under section 3 of the Act, means to use and the use of all methods and procedures that are necessary to bring an endangered or threatened species to the point at which the measures provided pursuant to the Act are no longer necessary. Critical habitat receives protection under section 7 of the Act through the prohibition against destruction or adverse modification of critical habitat with regard to actions carried out, funded, or authorized by a Federal agency. Section 7(a)(2) requires consultation on Federal actions that may affect critical habitat. The designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area. Such designation does not allow government or public access to private lands. Section 7(a)(2) is a purely protective measure and does not require implementation of restoration, recovery, or enhancement measures, although conservation measures are required under section 7(a)(1) of the Act. Prudency Determination Section 4(a)(3) of the Act, as amended, and implementing regulations (50 CFR 424.12), require that, to the maximum extent prudent and determinable, we designate critical habitat at the time the species is determined to be endangered or threatened. Our regulations (50 CFR 424.12(a)(1)) state that the designation of critical habitat is not prudent when one or both of the following situations exist:

(1)The species is threatened by taking or other human activity, and identification of critical habitat can be expected to increase the degree of threat to the species, or

(2)such designation of critical habitat would not be beneficial to the species. There is no documentation that *Phyllostegia hispida* is threatened by taking or other human activity. In the absence of finding that the designation of critical habitat would increase threats to a species, if there are any benefits to a critical habitat designation, then a prudent finding is warranted. The potential benefits include:

(1)Triggering consultation under section 7 of the Act, in new areas for actions in which there may be a Federal nexus where it would not otherwise occur because, for example, it is or has become unoccupied or the occupancy is in question;

(2)focusing conservation activities on the most essential features and areas;

(3)providing educational benefits to State or county governments or private entities; and

(4)preventing people from causing inadvertent harm to the species. The primary regulatory effect of critical habitat is the section 7(a)(2) requirement that Federal agencies refrain from taking any action that destroys or adversely affects critical habitat. At present, the only known extant individuals of *Phyllostegia hispida* occur on State and private land, and all previously known occurrences have been on State and privately owned lands. Further, there are no Federal lands or lands under Federal jurisdiction in the forests of east Molokai, the historic range of this species. Therefore, it is unlikely that this species currently occurs, or would occur in the future, on Federal lands. Nevertheless, lands that may be designated as critical habitat in the future for this species may be subject to Federal actions that trigger the section 7 consultation requirement, such as the granting of Federal monies for conservation projects and/or the need for Federal permits for projects, such as the construction and maintenance of boardwalks and bridges subject to section 404 of the Clean Water Act (33 U.S.C. 1344, *et seq.* ). There may also be some educational or informational benefits to the designation of critical habitat. Educational benefits include the notification of land owners, land managers, and the general public of the importance of protecting the habitat of this species. In the case of *Phyllostegia hispida* , these aspects of critical habitat designation would potentially benefit the conservation of the species. Therefore, since we have determined that the designation of critical habitat will not likely increase the degree of threat to the species and may provide some measure of benefit, we find that designation of critical habitat is prudent for *Phyllostegia hispida* . Primary Constituent Elements In accordance with sections 3(5)(A)(i) and 4(b)(1)(A) of the Act and regulations at 50 CFR 424.12, in determining which areas to propose as critical habitat, we must consider those physical and biological features (primary constituent elements in the necessary and appropriate quantity and spatial arrangement) essential to the conservation of the species. We must also consider those areas essential to the conservation of the species that are outside the geographical area occupied by the species. These primary constituent elements include, but are not limited to, space for individual and population growth and for normal behavior; food, water, or other nutritional or physiological requirements; cover or shelter; sites for breeding, reproduction, rearing of offspring, germination, or seed dispersal; and habitats that are protected from disturbance or are representative of the historical geographical and ecological distributions of a species. We are currently unable to identify the primary constituent elements for *Phyllostegia hispida* , because information on the physical and biological features that are considered essential to the conservation of this species is not known at this time. As discussed in the “Species Information” section of this proposed rule, between the years 1910 and 1996 only 10 occurrences of *P. hispida* were documented, and the location information for these occurrences was recorded at a relatively coarse scale. Elevations are known only for the few individuals discovered within the last 10 years. From 1996 through 2005 a total of only 6 plants (3 adults, 2 seedlings, and 1 juvenile) were located, all existing only as single individuals in disparate locations. All of the previously known adults have died without reproducing naturally in the wild; the first mature plant to be observed fruiting was just discovered in April 2007. The two seedlings discovered in 2005 were collected and deposited with propagation facilities to attempt production of additional seedlings for outplanting in the future. The reasons for the deaths of the three adult and one juvenile plants are unknown, as are the reasons for poor natural reproduction in the wild. Key features of the plant's life history, such as longevity, dispersal mechanisms, or vectors for pollination, are unknown. The plant community where the few remaining wild individuals of *Phyllostegia hispida* are found has been highly modified by the presence of nonnative plants and feral pigs, and the poor viability of the species occurrences observed in recent years indicates that current conditions are not sufficient to meet the basic biological requirements of this species. Because *P. hispida* has never been observed in an unaltered environment, the optimal conditions that would provide the biological or ecological requisites of the species are not known. Although, as described above, we can surmise that habitat degradation from a variety of factors has contributed to the decline of the species, we do not know specifically what essential physical or biological features of that habitat are currently lacking for *P. hispida* . As we are unable to identify the physical and biological features essential to the conservation of *P. hispida* , we are unable to identify areas that contain these features. Therefore, although we have determined that the designation of critical habitat is prudent for *Phyllostegia hispida* , since the biological requirements of the species are not sufficiently known, we find that critical habitat for *P. hispida* is not determinable at this time. Peer Review In accordance with our joint policy published in the **Federal Register** on July 1, 1994 (59 FR 34270), we will seek the expert opinions of at least three appropriate and independent specialists regarding this proposed rule. The purpose of such review is to ensure that our proposed rule is based on scientifically sound data, assumptions, and analyses. We will send these peer reviewers copies of this proposed rule immediately following publication in the **Federal Register** . We will invite these peer reviewers to comment, during the public comment period, on the specific assumptions and conclusions regarding the proposal to list *Phyllostegia hispida* as endangered and our decision regarding critical habitat for this species. We will consider all comments and information received during the comment period on this proposed rule during preparation of a final rulemaking. Accordingly, the final decision may differ from this proposal. Public Hearings The Act provides for one or more public hearings on this proposal, if requested. Requests must be received within 45 days after the date of publication of this proposal in the **Federal Register** . Such requests must be made in writing and be addressed to the Field Supervisor at the address in the ADDRESSES section. Clarity of the Rule Executive Order 12866 requires each agency to write regulations that are easy to understand. We invite your comments on how to make this rule easier to understand including answers to questions such as the following:

(1)Are the requirements in the rule clearly stated?

(2)Does the rule contain technical language or jargon that interferes with its clarity?

(3)Does the format of the rule (grouping and order of sections, use of headings, paragraphing, etc.) aid or reduce its clarity?

(4)Would the rule be easier to understand if it were divided into more (but shorter) sections?

(5)Is the description of the rule in the SUPPLEMENTARY INFORMATION section of the preamble helpful in understanding the emergency rule? What else could we do to make the rule easier to understand? Send a copy of any comments that concern how we could make this rule easier to understand to Office of Regulatory Affairs, Department of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. You also may e-mail the comments to this address: *Exsec@ios.goi.gov.* Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.) This rule does not contain any new collections of information that require approval by Office of Management and Budget

(OMB)under the Paperwork Reduction Act. This rule will not impose recordkeeping or reporting requirements on State or local governments, individuals, businesses, or organizations. 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. National Environmental Policy Act We have determined that environmental assessments and environmental impact statements, as defined under the authority of the National Environmental Policy Act of 1969, need not be prepared in connection with regulations adopted pursuant to section 4(a) of the Act. We published a notice outlining our reasons for this determination in the **Federal Register** on October 25, 1983 (48 FR 49244). References Cited A complete list of all references cited in this rule is available on the Internet at *http://www.regulations.gov* or upon request from the Field Supervisor, Pacific Islands Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT section). Author(s) The primary author of this document is staff from the Pacific Islands Fish and Wildlife Office (see ADDRESSES ). List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, and Transportation. Proposed Regulation Promulgation Accordingly, we propose to amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: PART 17—[AMENDED] 1. The authority citation for part 17 continues to read as follows: Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 4201-4245; Public Law 99-625, 100 Stat. 3500, unless otherwise noted. 2. In § 17.12(h) add the following to the List of Endangered and Threatened Plants in alphabetical order under Flowering Plants: § 17.12 Endangered and threatened plants.

(h)* * * Species Scientific name Common name Historic range Family Status When listed Critical habitat Special rules * * * * * * * **Flowering Plants** * * * * * * * *Phyllostegia hispida* None U.S.A.

(HI)Lamiaceae—Mint E TBD NA NA * * * * * * * Dated: February 5, 2008. Kenneth Stansell, Deputy Director, U.S. Fish and Wildlife Service. [FR Doc. E8-2841 Filed 2-15-08; 8:45 am] BILLING CODE 4310-55-P 73 33 Tuesday, February 19, 2008 Notices DEPARTMENT OF AGRICULTURE Office of the Under Secretary, Research, Education, and Economics; Notice of the Advisory Committee on Biotechnology and 21st Century Agriculture Meeting AGENCY: Agricultural Research Service. ACTION: Notice of Meeting. SUMMARY: In accordance with the Federal Advisory Committee Act, 5 U.S.C. App. 2, the United States Department of Agriculture announces a meeting of the Advisory Committee on Biotechnology and 21st Century Agriculture (AC21). DATES: The meeting dates are March 5, 2008, 8 a.m. to 5 p.m., and March 6, 2008, 8 a.m. to 4 p.m. ADDRESSES: Room 107A, USDA Jamie L. Whitten Building, 12th Street and Jefferson Drive, SW., Washington, DC 20250. FOR FURTHER INFORMATION CONTACT: Michael Schechtman, Telephone

(202)720-3817. SUPPLEMENTARY INFORMATION: The eighteenth meeting of the AC21 has been scheduled for March 5-6, 2008. The AC21 consists of members representing the biotechnology industry, farmers, food manufacturers, commodity processors and shippers, livestock handlers, environmental and consumer groups, and academic researchers. In addition, representatives from the Departments of Commerce, Health and Human Services, and State, and the Environmental Protection Agency, the Council on Environmental Quality, the Office of the United States Trade Representative, and the National Association of State Departments of Agriculture serve as “ex officio” members. At this meeting, there will be several objectives:

(1)To introduce new members of the AC21;

(2)to officially present a consensus paper to the Office of the Secretary, USDA, responding to the question, “What issues should USDA consider regarding coexistence among diverse agricultural systems in a dynamic, evolving, and complex marketplace?”;

(3)to provide an update to the AC21 on USDA's efforts to ensure a smooth marketplace transition for cloned livestock animals in the marketplace; and

(4)to begin discussions related to potential USDA regulatory roles for transgenic animals. Background information regarding the work of the AC21 will be available on the USDA Web site at *http://www.usda.gov/wps/portal/!ut/p/_s.7_0_A/7_0_1OB?navid=BIOTECH&parentnav=AGRICULTURE&navtype=RT* . Requests to make oral presentations at the meeting may be sent to Michael Schechtman, Designated Federal Official, Office of the Deputy Secretary, USDA, 202 B Jamie L. Whitten Federal Building, 12th Street and Jefferson Drive, SW., Washington, DC 20250, Telephone

(202)720-3817; Fax

(202)690-4265; E-mail *Michael.schechtman@ars.usda.gov* . On March 5, 2008, if time permits, reasonable provision will be made for oral presentations of no more than five minutes each in duration. Written requests to make oral presentations at the meeting must be received by the contact person identified herein at least three business days before the meeting. The meeting will be open to the public, but space is limited. If you would like to attend the meetings, you must register by contacting Ms. Dianne Harmon at

(202)720-4074, by fax at

(202)720-3191 or by E-mail at *Dianne.harmon@ars.usda.gov* at least five business days prior to the meeting. Please provide your name, title, business affiliation, address, and telephone and fax numbers when you register. If you require a sign language interpreter or other special accommodation due to disability, please indicate those needs at the time of registration. Dated: February 11, 2008. Jeremy Stump, Senior Advisor for International and Homeland Security Affairs and Biotechnology. [FR Doc. E8-3001 Filed 2-15-08; 8:45 am] BILLING CODE 3410-03-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Docket # AMS-FV-07-0142] United States Standards for Grades of Beet Greens AGENCY: Agricultural Marketing Service, USDA. ACTION: Notice. SUMMARY: The Agricultural Marketing Service (AMS), prior to undertaking research and other work associated with revising official grade standards, is soliciting comments on the possible revisions to the United States Standards for Grades of Beet Greens. AMS has been reviewing the Fresh Fruit and Vegetable grade standards for usefulness in fostering commerce. As a result, AMS has identified the United States Standards for Grades of Beet Greens for possible revisions. AMS is considering removing the “Unclassified” category from the standards. AMS is seeking comments regarding this change as well as any other possible revisions that may be necessary to better serve the industry. DATES: Comments must be received by April 21, 2008. ADDRESSES: Interested persons are invited to submit written comments on the Internet at: *http://www.regulations.gov* or to the Standardization Section, Fresh Products Branch, Fruit and Vegetable Programs, Agricultural Marketing Service, U.S. Department of Agriculture, 1400 Independence Ave. SW., Room 1661 South Building, Stop 0240, Washington, DC 20250-0240; Fax (202)720-8871. Comments should make reference to the dates and page number of this issue of the **Federal Register** and will be made available for public inspection in the above office during regular business hours. FOR FURTHER INFORMATION CONTACT: Vincent J. Fusaro, Standardization Section, Fresh Products Branch,

(202)720-2185. The United States Standards for Grades of Beet Greens are available by accessing the Fresh Products Branch Web site at: *http://www.ams.usda.gov/standards/stanfrfv.htm.* SUPPLEMENTARY INFORMATION: Section 203(c) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), as amended, directs and authorizes the Secretary of Agriculture “To develop and improve standards of quality, condition, quantity, grade and packaging and recommend and demonstrate such standards in order to encourage uniformity and consistency in commercial practices.” AMS is committed to carrying out this authority in a manner that facilitates the marketing of agricultural commodities. AMS makes copies of official standards available upon request. The United States Standards for Grades of Fruits and Vegetables not connected with Federal Marketing Orders or U.S. Import Requirements no longer appear in the Code of Federal Regulations, but are maintained by USDA, AMS, Fruit and Vegetable Programs. AMS is considering revisions to the voluntary United States Standards for Grades of Beet Greens using procedures that appear in Part 36, Title 7 of the Code of Federal Regulations (7 CFR part 36). These standards were last revised on June 1, 1959. Background AMS has been reviewing the Fresh Fruit and Vegetable grade standards for usefulness in serving the industry. AMS has identified the United States Standards for Grades of Beet Greens for possible revision. Prior to undertaking detailed work developing the proposed revisions in the standards, AMS is soliciting comments on the proposed revision and any other comments regarding revisions to the United States Standards for Grades of Beet Greens to better serve the industry. AMS would eliminate the “Unclassified” category. AMS is removing this section in all standards as they are revised. This category is not a grade and only serves to show that no grade has been applied to the lot. It is no longer considered necessary due to current marketing practices. This notice provides for a 60-day comment period for interested parties to comment on the proposed changes to the United States Standards for Grades of Beet Greens. Should AMS go forward with the revisions, it will develop the proposed revised standards that will be published in the **Federal Register** with a request for comments in accordance with 7 CFR part 36. Authority: 7 U.S.C. 1621-1627. Dated: February 12, 2008. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E8-2961 Filed 2-15-08; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF COMMERCE Economic Development Administration [Docket No.: 080131110-8112-01] Solicitation of Proposals and Applications for Economic Development Assistance Programs AGENCY: Economic Development Administration (EDA), Department of Commerce. ACTION: Notice and request for proposals and applications. SUMMARY: Pursuant to the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. 3121, *et seq.* ) (PWEDA), EDA announces general policies and application procedures for grant-based investments under the Public Works, Planning, Local Technical Assistance, and Economic Adjustment Assistance Programs to promote comprehensive, entrepreneurial and innovation-based economic development efforts to enhance the competitiveness of regions, resulting in increased private investment and higher-skill, higher-wage jobs in regions experiencing substantial and persistent economic distress. DATES: Proposals are accepted on a continuing basis and applications are invited and processed as received. Generally, two months are required for EDA to reach a final decision after receipt of a complete application that meets all requirements. Proposals or applications (as appropriate) received after the date of this notice will be processed in accordance with the requirements set forth herein and in the related federal funding opportunity

(FFO)announcement, until the next annual FFO is posted on *www.grants.gov* and related notice and request for proposals and applications is published in the **Federal Register** . Pre-Application and Application Submission Requirements Proponents are advised to carefully read the instructions contained in the both complete FFO announcement for this request for proposals and applications, and in the *Pre-Application for Investment Assistance* (Form ED-900P) and *Application for Investment Assistance* (Form ED-900A). Please note that the requirements for the pre-application are different from the requirements for the application. The content of the pre-application and the application (as appropriate) is the same for paper submissions as it is for electronic submissions. EDA will not accept facsimile transmissions of pre-applications and applications. For projects under EDA's Public Works Program (CFDA No. 11.300) or Economic Adjustment Assistance Program (CFDA No. 11.307), applicants must submit a pre-application on Form ED-900P and the *Application for Federal Assistance* (Form SF-424), both of which are available at *www.eda.gov/InvestmentsGrants/Application.xml.* The applicant must complete Parts I, II and III of Form ED-900P and all of Form SF-424. In addition, the applicant must attach a project narrative, as stated in section IV.B.1. of the FFO announcement for this request for proposals and applications. Forms ED-900P and SF-424 may be submitted either

(i)in paper (hardcopy) format at the applicable regional office address provided below, or

(ii)electronically in accordance with the procedures provided on *www.grants.gov.* For projects under EDA's Planning Program (CFDA No. 11.302) or Local Technical Assistance Program (CFDA No. 11.303), please contact the appropriate EDA regional office listed below for instructions as to whether you should complete a pre-application or an application. For example, in the case of a continuation award for a Planning grant, a pre-application is not required. However, for short-term Planning or Local Technical Assistance investments, EDA may provide assistance to develop the economic development capacity of States, cities and other eligible applicants experiencing economic distress or to assist in institutional capacity building, in which circumstances Form ED-900P may be necessary. The applicable EDA regional office will determine which form you must complete. *The following forms may be accessed and downloaded as follows:*

(i)Forms ED-900P and ED-900A at *http://www.eda.gov/InvestmentsGrants/Application.xml;*

(ii)Standard Forms

(SF)at either *www.grants.gov* or at *http://www.eda.gov/InvestmentsGrants/Application.xml;* and

(iii)Department of Commerce

(CD)forms at *http://ocio.os.doc.gov/ITPolicyandPrograms/Electronic_Forms/index.htm.* All forms referenced above may be submitted either:

(i)In paper (hardcopy) format at the applicable regional office address provided below; or

(ii)electronically in accordance with the procedures provided on *www.grants.gov.* Addresses and Telephone Numbers for EDA's Regional Offices Applicants in Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee, may submit paper submissions to: Economic Development Administration, Atlanta Regional Office, 401 West Peachtree Street, NW., Suite 1820, Atlanta, Georgia 30308, Telephone:

(404)730-3002, Fax:

(404)730-3025. Applicants in Arkansas, Louisiana, New Mexico, Oklahoma and Texas, may submit paper submissions to: Economic Development Administration, Austin Regional Office, 504 Lavaca, Suite 1100, Austin, Texas 78701-2858, Telephone:

(512)381-8144, Fax:

(512)381-8177. Applicants in Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin and Muscatine and Scott Counties, Iowa, may submit paper submissions to: Economic Development Administration, Chicago Regional Office, 111 North Canal Street, Suite 855, Chicago, Illinois 60606, Telephone:

(312)353-7706, Fax:

(312)353-8575. Applicants in Colorado, Iowa (excluding Muscatine and Scott Counties), Kansas, Missouri, Montana, Nebraska, North Dakota, South Dakota, Utah and Wyoming, may submit paper submissions to: Economic Development Administration, Denver Regional Office, 1244 Speer Boulevard, Room 670, Denver, Colorado 80204, Telephone:

(303)844-4715, Fax:

(303)844-3968. Applicants in Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, Vermont, U.S. Virgin Islands, Virginia and West Virginia, may submit paper submissions to: Economic Development Administration, Philadelphia Regional Office, Curtis Center, 601 Walnut Street, Suite 140 South, Philadelphia, Pennsylvania 19106, Telephone:

(215)597-4603, Fax:

(215)597-1063. Applicants in Alaska, American Samoa, Arizona, California, Guam, Hawaii, Idaho, Marshall Islands, Micronesia, Nevada, Northern Mariana Islands, Oregon, Republic of Palau and Washington, may submit paper submissions to: Economic Development Administration, Seattle Regional Office, Jackson Federal Building, Room 1890, 915 Second Avenue, Seattle, Washington 98174, Telephone:

(206)220-7660, Fax:

(206)220-7669. *Paper Submissions* : Proponents choosing this option must submit one

(1)original and two

(2)copies of the completed pre-application or application (as appropriate) via postal mail, shipped overnight or hand-delivered to the applicable regional office, unless otherwise directed by EDA staff. Department of Commerce mail security measures may delay receipt of United States Postal Service mail for up to two weeks. Therefore, proponents who wish to submit paper applications are advised to use guaranteed overnight delivery services. *Electronic Submissions:* Proponents choosing this option should submit pre-applications or applications in accordance with the instructions provided at *www.grants.gov.* You may access the pre-application or application package by following the instructions provided on *http://www.grants.gov/applicants/apply_for_grants.jsp* . The preferred file format for electronic attachments (e.g., the project narrative statement and exhibits to Form ED-900P) is portable document format (PDF); however, EDA will accept electronic files in Microsoft Word, WordPerfect, Lotus or Excel formats. Applicants should access the following link for assistance in navigating *www.grants.gov* and for a list of useful resources: *http://www.grants.gov/applicants/applicant_help.jsp* . If you do not find an answer to your question under *Frequently Asked Questions* , try consulting the *Applicant's User Guide* . If you still cannot find an answer to your question, contact *www.grants.gov* via e-mail at *support@grants.gov* or telephone at 1.800.518.4726. The hours of operation for *www.grants.gov* are Monday-Friday, 7 a.m. to 9 p.m.

(EST)(except for federal holidays). FOR FURTHER INFORMATION CONTACT: For additional information or for a paper copy of the FFO announcement, contact the appropriate EDA regional office listed above. EDA's Internet Web site at *www.eda.gov* also contains additional information on EDA and its programs. SUPPLEMENTARY INFORMATION: *Program Information:* EDA's mission is to lead the federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and success in the worldwide economy. In implementing this mission pursuant to its authorizing statute, PWEDA, EDA advances economic growth by assisting communities and regions experiencing chronic high unemployment and low per capita income to create an environment that fosters innovation, promotes entrepreneurship, and attracts increased private capital investment. EDA encourages the submission of only those proposals or applications, as appropriate, that will significantly benefit regions with distressed economies. Distress may exist in a variety of forms, including high levels of unemployment, low income levels, large concentrations of low-income families, significant declines in per capita income, large numbers (or high rates) of business failures, sudden major layoffs or plant closures, trade impacts, military base closures, natural or other major disasters, depletion of natural resources, reduced tax bases, or substantial loss of population because of the lack of employment opportunities. EDA believes that regional economic development to alleviate these conditions is effected primarily through investments and decisions made by the private sector. EDA will give preference to proposals or applications (as appropriate) that include cash contributions (over in-kind contributions) as the matching share. EDA will evaluate and select proposals or applications (as appropriate) according to the investment policy guidelines and funding priorities set forth below under “Evaluation Criteria” and “Funding Priorities” and in section V. of the FFO announcement. *Electronic Access:* The complete FFO announcement for the FY 2008 Economic Development Assistance Programs competition is available at *www.grants.gov* and at *http://www.eda.gov.* *Funding Availability:* Funding appropriated under the FY 2008 Consolidated Appropriations Act (Pub. L. 110-161, 121 Stat. 1844 (2007)) is available for the economic development assistance programs authorized by PWEDA and for the Trade Adjustment Assistance for Firms Program (TAA Program) authorized under the Trade Act of 1974, as amended (19 U.S.C. 2341-2391) (Trade Act). Funds in the amount of $249,100,000 have been appropriated for FY 2008 and shall remain available until expended. Under this announcement, approximately $216,927,372 is available for the

(i)Public Works and Economic Development Facilities Program;

(ii)Planning Program;

(iii)Local Technical Assistance Program; and

(iv)Economic Adjustment Assistance Program. The funding periods and funding amounts referenced in the FFO announcement are subject to the availability of funds at the time of award, as well as to Department of Commerce and EDA priorities at the time of award. The Department of Commerce and EDA will not be held responsible for proposal or application preparation costs. Publication of this notice and the FFO announcement does not obligate the Department of Commerce or EDA to award any specific grant or cooperative agreement or to obligate all or any part of available funds. From amounts otherwise made available for the economic development assistance programs authorized by PWEDA, EDA will allocate $9,400,000 to assist eco-friendly projects. With this allocation, EDA aims to benefit projects that seek technologies and strategies which employ the principles of reduced energy consumption, reduced harmful gas emissions and sustainable development. Therefore, EDA encourages applicants for and recipients of FY 2008 investment funds to detail and document increased project costs associated with such mitigation efforts in their communications with EDA. A separate FFO announcement has been posted at *www.grants.gov* and at *http://www.eda.gov/InvestmentsGrants/FFON.xml* that sets forth the specific funding priorities, application and selection processes, time frames, and evaluation criteria for University Center projects to be funded with FY 2008 appropriated funds. Similarly, separate FFO announcements will be posted on *www.grants.gov* and at *http://www.eda.gov/InvestmentsGrants/FFON.xml* that will set forth the specific funding priorities, application and selection processes, time frames, and evaluation criteria for certain National Technical Assistance and research projects to be funded with FY 2008 appropriations. Under the Trade Act, EDA administers the TAA Program to provide technical assistance to firms adversely affected by increased import competition. EDA anticipates that appropriated funds will be used to extend new cooperative agreements to the existing network of eleven

(11)Trade Adjustment Assistance Centers, and to provide technical assistance to firms certified as eligible under the TAA Program. *See* 13 CFR part 315. On February 6, 2008, EDA published a program announcement (73 FR 6921) to set out the specific TAA Program administrative and procedural requirements, application and evaluation processes, and operational requirements for the current eleven EDA-funded Trade Adjustment Assistance Centers. *Statutory Authorities* : The authorities for the

(i)Public Works and Economic Development Facilities Program;

(ii)Planning Program;

(iii)Local Technical Assistance Program; and

(iv)Economic Adjustment Assistance Program are sections 201 (42 U.S.C. 3141), 203 (42 U.S.C. 3143), 207 (42 U.S.C. 3147), and 209 (42 U.S.C. 3149) of PWEDA, respectively. Unless otherwise provided in this notice or in the FFO announcement, applicant eligibility, program objectives and priorities, application procedures, evaluation criteria, selection procedures, and other requirements for all programs are set forth in EDA's regulations (codified at 13 CFR chapter III) and applicants must address these requirements. EDA's regulations and PWEDA are available at *http://www.eda.gov/InvestmentsGrants/Lawsreg.xml* . *Catalog of Federal Domestic Assistance

(CFDA)Numbers:* 11.300, Grants for Public Works and Economic Development Facilities; 11.302, Economic Development—Support for Planning Organizations; 11.303, Economic Development—Technical Assistance; 11.307, Economic Adjustment Assistance. *Applicant Eligibility:* Pursuant to PWEDA, eligible applicants for and eligible recipients of EDA investment assistance include a(n):

(i)District Organization;

(ii)Indian Tribe or a consortium of Indian Tribes;

(iii)State, a city or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions;

(iv)institution of higher education or a consortium of institutions of higher education; or

(v)public or private non-profit organization or association acting in cooperation with officials of a political subdivision of a State. *See* section 3 of PWEDA (42 U.S.C. 3122) and 13 CFR 300.3. Projects eligible for Public Works or Economic Adjustment investment assistance include those projects located in regions meeting “Special Need” criteria (defined in 13 CFR 300.3), as set forth in section VIII.B. of the FFO announcement. For-profit, private-sector entities do not qualify for investment assistance under PWEDA. Nonetheless, under its Local Technical Assistance Program or National Technical Assistance Program, EDA may make an award to a for-profit organization to carry out specific research or for other purposes set forth in 13 CFR 306.1. *See also* 42 U.S.C. 3147. *Cost Sharing Requirement:* Generally, the amount of the EDA grant may not exceed fifty

(50)percent of the total cost of the project. Projects may receive an additional amount that shall not exceed thirty

(30)percent, based on the relative needs of the region in which the project will be located, as determined by EDA. *See* section 204(a) of PWEDA (42 U.S.C. 3144) and 13 CFR 301.4(b)(1). For Planning Assistance, the minimum EDA investment rate for projects under 13 CFR part 303 is fifty

(50)percent, and the maximum allowable EDA investment rate may not exceed eighty

(80)percent. *See* 13 CFR 301.4(b)(3). For projects of a national scope under 13 CFR part 306 (Training, Research and Technical Assistance), and for all other projects under 13 CFR part 306, the Assistant Secretary of Commerce for Economic Development has the discretion to establish a maximum EDA investment rate of up to one-hundred

(100)percent where the project

(i)merits, and is not otherwise feasible without, an increase to the EDA investment rate; or

(ii)will be of no or only incidental benefit to the recipient. *See* section 204(c)(3) of PWEDA (42 U.S.C. 3144) and 13 CFR 301.4(b)(4). In the case of EDA investment assistance to a(n)

(i)Indian Tribe,

(ii)State (or political subdivision of a State) that the Assistant Secretary determines has exhausted its effective taxing and borrowing capacity, or

(iii)non-profit organization that the Assistant Secretary determines has exhausted its effective borrowing capacity, the Assistant Secretary has the discretion to establish a maximum EDA investment rate of up to one hundred

(100)percent of the total project cost. *See* sections 204(c)(1) and

(2)of PWEDA (42 U.S.C. 3144) and 13 CFR 301.4(b)(5). Potential applicants should contact the appropriate EDA regional office to make these determinations. In the proposal (or application) review process, EDA will consider the nature of the contribution (cash or in-kind) and the amount of the matching share funds. While cash contributions are preferred, in-kind contributions, fairly evaluated by EDA, may provide the required non-federal share of the total project cost. *See* section 204(b) of PWEDA (42 U.S.C. 3144) and section I.B. of the FFO announcement for this request for proposals and applications. In-kind contributions, which may include forgiveness or assumptions of debt, and contributions of space, equipment or services, are eligible to be included as part of the non-federal share of eligible project costs if they meet applicable federal cost principles and uniform administrative requirements. Funds from other federal financial assistance awards are considered matching share funds only if authorized by statute, which may be determined by EDA's reasonable interpretation of the statute. *See* 13 CFR 300.3. The applicant must show that the matching share is committed to the project for the project period, will be available as needed and is not conditioned or encumbered in any way that precludes its use consistent with the requirements of EDA investment assistance. *See* 13 CFR 301.5. *Intergovernmental Review:* Proposals or applications for assistance under EDA's programs are subject to the State review requirements imposed by Executive Order 12372, “ *Intergovernmental Review of Federal Programs* .” *Evaluation and Selection Procedures:* Each pre-application or application (as appropriate) is circulated by a project officer within the applicable EDA regional office for review and comments. When the necessary input and information are obtained, the pre-application or application (as appropriate) is considered by the regional office's Investment Review Committee (IRC), which is comprised of regional office staff. The IRC discusses the pre-application or application (as appropriate) and evaluates it on two levels to

(a)determine if the pre-application or application (as appropriate) meets the program-specific award and application requirements provided in 13 CFR 305.2 for Public Works investments, 13 CFR 303.3 for Planning investments, 13 CFR 306.2 for Local and National Technical Assistance, and 13 CFR 307.2 and 307.4 for Economic Adjustment Assistance; and

(b)evaluate each pre-application or application (as appropriate) using the general evaluation criteria set forth in 13 CFR 301.8. These general evaluation criteria also are provided below under “Evaluation Criteria.” In the case of a pre-application, after completing its evaluation, the IRC recommends to the Regional Director whether an application should be invited, documenting its recommendation in the meeting minutes or in the Investment Summary and the Project Proposal Summary and Evaluation Form. For quality control assurance, EDA Headquarters reviews the IRC's analysis of the project's fulfillment of the investment policy guidelines set forth below under “Evaluation Criteria” and in 13 CFR 301.8. After receiving quality control clearance, the Selecting Official, who is the Regional Director, considers the evaluations provided by the IRC and the degree to which one or more of the funding priorities provided below are included, in making his/her decision as to which proponents should be invited to submit formal applications for investment assistance. The Selecting Official then formally invites successful proponents to submit full applications (on Form ED-900A). If the Selecting Official declines to invite a full application, he/she provides written notice to the proponent. If a proponent is selected to submit a full application on Form ED-900A, the appropriate regional office will provide application materials and guidance in completing them. The proponent will generally have thirty

(30)days to submit the completed application materials to the regional office. EDA staff will work with the proponent to resolve application deficiencies. EDA will notify the applicant if EDA accepts a completed application, and it is forwarded for final review and processing in accordance with the procedures described above in this subsection. *Evaluation Criteria:* EDA will select investment proposals or applications (as appropriate) competitively based on the investment policy guidelines and funding priority considerations identified in this notice. EDA will evaluate the extent to which a project embodies the maximum number of investment policy guidelines and funding priorities possible and strongly exemplifies at least one of each. All investment proposals or applications (as appropriate) will be competitively evaluated primarily on their ability to satisfy one

(1)or more of the following investment policy guidelines, each of equivalent weight and which also are set forth in 13 CFR 301.8. 1. *Be market-based and results driven* . An EDA investment will capitalize on a region's competitive strengths and will positively move a regional economic indicator measured on EDA's Balanced Scorecard, such as: An increased number of higher-skill, higher-wage jobs; increased tax revenue; or increased private sector investment. 2. *Have strong organizational leadership* . An EDA investment will have strong leadership, relevant project management experience, and a significant commitment of human resources talent to ensure a project's successful execution. 3. *Advance productivity, innovation and entrepreneurship* . An EDA investment will embrace the principles of entrepreneurship, enhance regional industry clusters, and leverage and link technology innovators and local universities to the private sector to create the conditions for greater productivity, innovation, and job creation. 4. *Look beyond the immediate economic horizon, anticipate economic changes, and diversify the local and regional economy* . An EDA investment will be part of an overarching, long-term comprehensive economic development strategy that enhances a region's success in achieving a rising standard of living by supporting existing industry clusters, developing emerging new clusters, or attracting new regional economic drivers. 5. *Demonstrate a high degree of local commitment by exhibiting:* • High levels of local government or non-profit matching funds and private sector leverage; • Clear and unified leadership and support by local elected officials; and • Strong cooperation between the business sector, relevant regional partners and local, State and Federal governments. In addition to using the investment policy guidelines set forth above, EDA also will evaluate all Planning proposals or applications (as appropriate) based on the

(i)quality of the proposed scope of work for the development, implementation, revision or replacement of a comprehensive economic development strategy (CEDS); and

(ii)qualifications of the proponent to implement the goals and objectives resulting from the CEDS. *See* 13 CFR 303.3(a)(1) and (2). To ensure that the proposal fully meets these requirements, proponents should pay particular attention to 13 CFR 303.7(b), which sets forth specific technical requirements for the CEDS. *Funding Priorities:* Successful proposals or applications (as appropriate) for EDA's investment programs will be regionally-driven initiatives in areas of the Nation that are underperforming and eligible for EDA assistance, and that meet one or more of the following core criteria (investment proposals or applications that meet more than one core criterion will be given more favorable consideration): 1. *Investments in support of long-term, coordinated and collaborative regional economic development approaches:* • Establish comprehensive regional economic development strategies that identify promising opportunities for long-term economic growth. • Exhibit demonstrable, committed multi-jurisdictional support from leaders across all sectors: i. Public ( *e.g.* , mayors, city councils, county executives, senior state leadership); ii. Institutional ( *e.g.* , institutions of higher learning); iii. Non-profit ( *e.g.* , chambers of commerce, development organizations); and iv. Private ( *e.g.* , leading regional businesses, significant regional industry associations). • Generate quantifiable positive economic outcomes. 2. *Investments that support innovation and competitiveness:* • Develop and enhance the functioning and competitiveness of leading and emerging industry clusters in an economic region. • Advance technology transfer from research institutions to the commercial marketplace. • Bolster critical infrastructure ( *e.g.* , transportation, communications, specialized training) to prepare economic regions to compete in the worldwide marketplace. 3. *Investments that encourage entrepreneurship:* • Cultivate a favorable entrepreneurial environment consistent with regional strategies. • Enable economic regions to identify innovative opportunities among growth-oriented small and medium-size enterprises. • Promote community and faith-based entrepreneurship programs aimed at improving economic performance in an economic region. 4. *Support strategies that link regional economies with the global marketplace:* • Enable businesses and local governments to understand that 95% of our potential customers don't live in America. • Enable businesses, local governments and key institutions ( *e.g.* , higher education) to understand and take advantage of the numerous free trade agreements implemented in the last seven years. • Enable economic development professionals to develop and implement strategies that reflect the competitive environment of the 21st Century global marketplace. Additional consideration will be given to investment proposals or applications (as appropriate), which also: • Respond to sudden and severe economic dislocations ( *e.g.* , major layoffs and/or plant closures, disasters). • Enable BRAC-impacted communities to transition from a military to civilian economy. • Advance the goals of linking historic preservation and economic development as outlined by Executive Order 13287, “ *Preserve America.* ” • Support the economic revitalization of brownfields. *The Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements:* The administrative and national policy requirements for all Department of Commerce awards, contained in the *Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements* , published in the **Federal Register** on February 11, 2008 (73 FR 7696), are applicable to this competitive solicitation. *Paperwork Reduction Act:* This document contains collection-of-information requirements subject to the Paperwork Reduction Act (PRA). The use of Forms ED-900P ( *Pre-Application for Investment Assistance* ) and ED-900A ( *Application for Investment Assistance* ) has been approved by the Office of Management and Budget

(OMB)under the control number 0610-0094. The use of Form SF-424 ( *Application for Financial Assistance* ) has been approved under OMB control number 4040-0004. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA unless that collection of information displays a currently valid OMB control number. *Executive Order 12866 (Regulatory Planning and Review)* : This notice has been determined to be not significant for purposes of Executive Order 12866. *Executive Order 13132 (Federalism):* It has been determined that this notice does not contain policies with Federalism implications as that term is defined in Executive Order 13132. *Administrative Procedure Act/Regulatory Flexibility Act:* Prior notice and an opportunity for public comments are not required by the Administrative Procedure Act or any other law for rules concerning grants, benefits, and contracts (5 U.S.C. 553(a)(2)). Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601, *et seq.* ) are inapplicable. Therefore, a regulatory flexibility analysis has not been prepared. Dated: February 11, 2008. Benjamin Erulkar, Deputy Assistant Secretary of Commerce for Economic Development. [FR Doc. E8-3022 Filed 2-15-08; 8:45 am] BILLING CODE 3510-24-P DEPARTMENT OF COMMERCE International Trade Administration [A-570-898] Amended Final Results of Antidumping Duty Administrative Review: Chlorinated Isocyanurates from the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On January 2, 2008, the Department of Commerce (“Department”) published in the **Federal Register** the final results of the first administrative review of the antidumping duty order on chlorinated isocyanurates from the People's Republic of China (“PRC”). *See Chlorinated Isocyanurates from the People's Republic of China: Final Results of the Antidumping Duty Administrative Review* , 73 FR 159 (January 2, 2008) (“Final Results”), and accompanying Issues and Decision Memorandum. The period of review covered December 16, 2004, through May 31, 2006. We are amending our Final Results to correct ministerial errors made in the calculation of the antidumping duty margin for Hebei Jiheng Chemical Company Ltd. (“Jiheng Chemical”), pursuant to section 751(h) of the Tariff Act of 1930, as amended (“Act”). EFFECTIVE DATE: February 19, 2008. FOR FURTHER INFORMATION CONTACT: Katharine Huang or Charles Riggle, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone:

(202)482-1271 or

(202)482-0650, respectively. SUPPLEMENTARY INFORMATION: Background On December 26, 2007, Clearon Corporation (“Clearon”) and Occidental Chemical Corporation (“Petitioners”), petitioners in the underlying investigation, BioLab, Inc. (“BioLab”), a domestic producer of the like product, and Hebei Jiheng Chemical Company Ltd. (“Jiheng Chemical”), the respondent in this proceeding, filed timely ministerial error allegations with respect to the Department's antidumping duty margin calculation in the Final Results. On December 31, 2007, Petitioners and Jiheng Chemical filed timely rebuttal comments. Scope of Order The products covered by this order are chlorinated isocyanurates, as described below: Chlorinated isocyanurates are derivatives of cyanuric acid, described as chlorinated s-triazine triones. There are three primary chemical compositions of chlorinated isocyanurates:

(1)trichloroisocyanuric acid (Cl3(NCO)3),

(2)sodium dichloroisocyanurate (dihydrate) (NaCl2(NCO)3•2H2O), and

(3)sodium dichloroisocyanurate (anhydrous) (NaCl2(NCO)3). Chlorinated isocyanurates are available in powder, granular, and tableted forms. This order covers all chlorinated isocyanurates. Chlorinated isocyanurates are currently classifiable under subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.50, 3808.50.40 and 3808.94.50.00 of the Harmonized Tariff Schedule of the United States (“HTSUS”). The tariff classification 2933.69.6015 covers sodium dichloroisocyanurates (anhydrous and dihydrate forms) and trichloroisocyanuric acid. The tariff classifications 2933.69.6021 and 2933.69.6050 represent basket categories that include chlorinated isocyanurates and other compounds including an unfused triazine ring. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Ministerial Errors A ministerial error as defined in section 751(h) of the Act “includes an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the Secretary considers ministerial.” *See also* 19 CFR 351.224(f). After analyzing all interested parties' comments, we have determined, in accordance with 19 CFR 351.224(e), that ministerial errors existed in certain calculations for Jiheng Chemical in the Final Results. Correction of these errors results in a change to Jiheng Chemical's final antidumping duty margin. The rate for the PRC-wide entity remains unchanged. For a detailed discussion of these ministerial errors, as well as the Department's analysis, *see* Memorandum to Wendy J. Frankel, Director, AD/CVD Operations, Office 8, from Katharine G. Huang, International Trade Compliance Analyst, through Charles Riggle, Program Manager, AD/CVD Operations, Office 8: Analysis of Ministerial Error Allegations in Final Results for Antidumping Duty Review on Chlorinated Isocyanurates from the People's Republic of China, dated February 11, 2008. Therefore, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results of the administrative review of chlorinated isocyanurates from the PRC. The revised final weighted-average dumping margin for Jiheng Chemical is as follows: Exporter/Manufacturer Original Weighted Average Margin Percentage Amended Weighted- Average margin Percentage Hebei Jiheng Chemical Company Ltd. 18.44 20.10 Assessment Rates The Department intends to issue assessment instructions to U.S. Customs and Border Protection (“CBP”) 15 days after the date of publication of these amended final results of review. In accordance with 19 CFR 351.212(b)(1), we have calculated importer-specific assessment rates for merchandise subject to this review. Cash Deposit Requirements The following deposit requirements will be effective upon publication of this notice of amended final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act:

(1)for subject merchandise exported by Jiheng Chemical, the cash deposit rate will be 20.10 percent;

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

(3)for all PRC exporters of subject merchandise, which have not been found to be entitled to a separate rate, the cash-deposit rate will be the PRC-wide rate of 285.63 percent; and

(4)for all non-PRC exporters of subject merchandise that have not received their own rate, the cash-deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements shall remain in effect until further notice. Notification of Interested Parties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders (“APOs”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation that is subject to sanction. We are issuing and publishing this determination and notice in accordance with sections 751(a) and 777(i) of the Act. Dated: February 11, 2008. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E8-3014 Filed 2-15-08; 8:45 am] Billing Code: 3510-DR-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XA81 Small Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Construction and Operation of a Liquefied Natural Gas Facility off Massachusetts AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; proposed incidental harassment authorization; receipt of application for letter of authorization; request for comments and information. SUMMARY: NMFS received an application from Neptune LNG, L.L.C. (Neptune) for take of marine mammals, by Level B harassment, incidental to construction and operation of an offshore liquefied natural gas

(LNG)facility in Massachusetts Bay. Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization

(IHA)to Neptune to incidentally take, by harassment, small numbers of several species of marine mammals for a period of 1 year. NMFS is also requesting comments on its intent to promulgate regulations in 2008, governing the take of marine mammals over a 5-year period incidental to the same activities described herein. DATES: Comments and information must be received no later than March 20, 2008. ADDRESSES: Written comments on the application should be addressed to: P. Michael Payne, Chief, Permits, Conservation, and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3225. The mailbox address for providing email comments is *PR1.XA81@noaa.gov* . Comments sent via email, including all attachments, must not exceed a 10-megabyte file size. A copy of the application containing a list of references used in this document may be obtained by writing to this address, by telephoning the contact listed here ( FOR FURTHER INFORMATION CONTACT ) or online at: *http://www.nmfs.noaa.gov/pr/permits/incidental.htm* . Documents cited in this notice may be viewed, by appointment, during regular business hours, at the aforementioned address. The Maritime Administration (MARAD) and U.S. Coast Guard

(USCG)Final Environmental Impact Statement (Final EIS) on the Neptune LNG Deepwater Port License Application is available for viewing at *http://dms.dot.gov* under the docket number 22611. FOR FURTHER INFORMATION CONTACT: Candace Nachman or Ken Hollingshead, Office of Protected Resources, NMFS,

(301)713-2289. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and

(D)of the MMPA (16 U.S.C. 1361 *et seq.* ) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, notice of a proposed authorization is provided to the public for review. Authorization for incidental takings may be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses, and that the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking are set forth. NMFS has defined “negligible impact” in 50 CFR 216.103 as: an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. Section 101(a)(5)(D) of the MMPA establishes an expedited process by which citizens of the U.S. can apply for an authorization to incidentally take small numbers of marine mammals by harassment. Except for certain categories of activities not pertinent here, the MMPA defines “harassment” as: any act of pursuit, torment, or annoyance which

(i)has the potential to injure a marine mammal or marine mammal stock in the wild [“Level A harassment”]; or

(ii)has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [“Level B harassment”]. Section 101(a)(5)(D) establishes a 45-day time limit for NMFS review of an application followed by a 30-day public notice and comment period on any proposed authorizations for the incidental harassment of small numbers of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny the authorization. Summary of Request On December 27, 2007, NMFS received an application from Neptune requesting an IHA to take small numbers of several species of marine mammals, by Level B (behavioral) harassment, for a period of 1 year, incidental to construction of an offshore LNG facility. Since construction will not be completed before expiration of the IHA, additional construction and operational activities will need to be covered by a future MMPA authorization. Consequently, Neptune's application also serves as a request for a 5-year rule governing the issuance of letters of authorization for construction and operation of the port facility. Neptune is requesting to take several species of marine mammals, by Level B (behavioral) harassment, incidental to Port operations. During Port operations, the use of thrusters during docking will emit sounds that exceed the 120-dB threshold. More detailed information regarding Port operations and related effects will be described in NMFS' proposed rule **Federal Register** notice. Description of the Project On March 23, 2007, Neptune received a license to own, construct, and operate a deepwater port (Port or Neptune Port) from MARAD. The Port, which will be located in Massachusetts Bay, will consist of a submerged buoy system to dock specifically designed LNG carriers approximately 22 mi (35 km) northeast of Boston, Massachusetts, in Federal waters approximately 260 ft (79 m) in depth. The two buoys will be separated by a distance of approximately 2.1 mi (3.4 km). Neptune will be capable of mooring LNG shuttle and regasification vessels

(SRVs)with a capacity of approximately 140,000 cubic meters (m3). Up to two SRVs will temporarily moor at the proposed deepwater port by means of a submerged unloading buoy system. Two separate buoys will allow natural gas to be delivered in a continuous flow, without interruption, by having a brief overlap between arriving and departing SRVs. The annual average throughput capacity will be around 500 million standard cubic feet per day (mmscfd) with an initial throughput of 400 mmscfd, and a peak capacity of approximately 750 mmscfd. The SRVs will be equipped to store, transport, and vaporize LNG, and to odorize, meter and send out natural gas by means of two 16-in (40.6-cm) flexible risers and one 24-in (61-cm) subsea flowline. These risers and flowline will lead to a proposed 24-in (61-cm) gas transmission pipeline connecting the deepwater port to the existing 30-in (76.2-cm) Algonquin Hubline SM (Hubline SM ) located approximately 9 mi (14.5 km) west of the proposed deepwater port location. The Port will have an expected operating life of approximately 20 years. Figure 1-1 of Neptune's application shows an isometric view of the Port. On February 15, 2005, Neptune submitted an application to the USCG and MARAD under the Deepwater Port Act for all Federal authorizations required for a license to own, construct, and operate a deepwater port for the import and regasification of LNG off the coast of Massachusetts. Because, as described later in this document, there is a potential for marine mammals to be taken by harassment, incidental to construction of the facility and its pipeline and by the transport and regasification of LNG, Neptune has applied for a 1-year IHA and a subsequent 5-year letter of authorization for activities commencing in June 2008. The following sections briefly describe the activities that might harass marine mammals. Detailed information on these activities can be found in the MARAD/USCG Final EIS on the Neptune Project (see ADDRESSES for availability). Construction Activities The offshore installation effort for Neptune will be accomplished in the following sequence: mobilize an anchored lay barge (or a dynamic positioning derrick barge) and support vessels (i.e., anchor handling tugs, oceangoing tugs, and survey/diver support vessel) for the Proposed Pipeline Route; install the flowline between the riser mainfolds; install the new gas transmission pipeline from the northern riser manifold to the transition manifold and the hot tap to the HubLine SM ; install the two riser manifolds and the transition manifold; conduct pipeline hydrostatic testing; install the anchor piles and the lower portion of the mooring lines; connect the mooring lines to the unloading buoys and properly tension the mooring lines; and connect the two risers and control umbilicals between the unloading buoys and the riser manifolds. Construction will take place between June 2008 and June 2009 over approximately seven months. No construction activities will occur from December 2008 through April 2009. See Figure 1-2 of Neptune's application for a full construction schedule. Description of Construction Activities Flowline and Manifolds A pipelaying vessel will install the two rise manifolds and install the flowline between the riser manifolds. The flowline will be a 24-in-diameter (61-cm) line pipe with concrete weight coating and have a length of approximately 2.5 mi (4 km). The flowline will be buried to the top of the pipe. Trenching will begin approximately 300 ft (91.4 ft) from the southern riser manifold and end approximately 300 ft (91.4 ft) from the northern manifold to avoid damaging such structures. Transition sections will use suction pumps, jetting machines, airlifts, or submersible pumps as required. A post-trenching survey will be performed to verify that the proper depth is achieved. Subsequent trenching runs might be performed to further lower section that do not meet burial depth requirements. Gas Transmission Pipeline to the HubLine SM The gas transmission pipeline would begin at the existing Hubline SM pipeline approximately 3 mi (4.8 km) east of Marblehead Neck, Massachusetts. From this point, the pipeline would extend toward the northeast crossing the territorial waters of the town of Marblehead, the city of Salem, the city of Beverly, and the town of Manchester-by-the-Sea for approximately 6.4 mi (10.3 km). The transmission line route would continue to the southeast for approximately 4.5 mi (7.2 km) crossing state and Federal waters. The proposed location of the pipeline is shown in Figure 2-1 of Neptune's application. The transmission pipe (with concrete weight coating) will be transported from the temporary shore base to the operating site. The construction sequence for the transmission line will begin with plowing of the pipeline trench. A pipelaying vessel will install the 24-in-diameter (61-cm) pipeline (which will be buried 3 ft (0.9 m) to the top of the pipe) from the northern riser manifold to the location of the transition manifold near the connection point to the HubLine SM . A site for the transition manifold will be dredged adjacent to the HubLine SM , the manifold will be laid in place, and the tie-in HubLine SM to the will be completed. The gas transmission line will be buried from the transition manifold to the northern riser manifold. Trenching will begin approximately 300 ft (91.4 m) from the northern riser manifold and end approximately 300 ft (91.4 m) from the transition manifold to avoid damaging such structures. A post-trenching survey will be performed to verify that the proper depth is achieved. Subsequent trenching runs might be performed to further lower sections that do not meet burial depth requirements. Pipeline Hot Tap Installation The hot tap fitting, which will not require welding, will provide full structural reinforcement where the hole will be cut in the HubLine SM . The tapping tool and actual hot tap procedure will be supplied and supervised by a specialist from the manufacturer. Prior to construction of the hot tap, divers will excavate the HubLine SM tie-in location using suction pumps. The concrete weight coating will be removed from the HubLine SM and inspected for suitability of the hot tap. The hinged hot tap fitting will then be lowered and opened to fit over the 30-in (76.2-cm) HubLine SM . The hot tap fitting will then be closed around the pipeline, the clam studs and packing flanges will be tightened, and the fitting leak will be tested. The HubLine SM then will be tapped, and the valves will be closed. The hot tap and exposed sections of the HubLine SM will be protected with concrete mats until the tie-in to the transition manifold occurs. Hydrostatic Pipeline Integrity Testing There will be one combined gas transmission line and flowline hydrotest, including flooding, cleaning, and gauging following pipelay, trenching, and burial. The whole system will be in-line and piggable, meaning that the pipeline can accept pigs, which are gauging/cleaning devices that are driven by pressure from one end of the pipe segment to the other without obstruction. The gas transmission line and flowline will require approximately three million gallons of filtered seawater, including complete flushing of the system and 676 gallons (2,559 liters) of fluorescent dye (TADCO Tracer Fluro Yellow XL500-50 Liquid Dye or an approved equivalent). This volume assumes that no water will bypass the pigs and will include approximately 1,700 gallons (6,435 liters) of water in front of the flooding pig and approximately 1,700 gallons (6,435 liters) of water between other pigs (reduced from two hydrotests to one hydrotest). Flooding will take place from the southern riser manifold to the HubLine SM hot tap manifold. All hydrotest water discharges will be in Federal waters, near the unloading buoys. The total pipeline system will be swab-dried using a pig train with slugs or glycol or similar fluid. The water content of the successive slugs will be sampled to verify that the total pipeline has been properly dried. Anchor Installation The prefabricated anchor piles will be installed offshore with a dynamic positioning derrick/anchored barge, anchor-handling vessel, or similar offshore construction equipment. The anchor points will be within a radius of 1,600 to 3,600 ft (487.7 to 1,097.3 m) of the center of each unloading buoy. The anchor system will be installed using suction pile anchors. Unloading Buoys The unloading buoys will be offloaded near the designated site. An anchor-handling vessel or small derrick barge will connect the mooring lines from the anchor points to each unloading buoy and then adjust the mooring line tensions to the desired levels. Risers The anchor-handling vessel or small derrick barge also will connect the riser and the control umbilical between each unloading buoy and the associated riser manifold, complete the hydrostatic testing and dewatering of the risers, and test the control umbilicals. Demobilization Upon completion of the offshore construction effort, sidescan sonar will be used to check the area. Divers will remove construction debris from the ocean floor. All construction equipment will leave the site. Construction Vessels The derrick/lay barge, anchor-handling vessels, and survey/diver support vessel will each make two trips (one round trip) to and from the area of origin (likely the Gulf of Mexico) and will stay on station for the majority of the construction period. The supply vessels (or oceangoing tugs with cargo barges) and crew/survey vessel will make regular trips between the construction sites and mainly the port of Gloucester (approximately 8 mi (12.9 km)). During project installation, the supply vessel will make approximately 102 trips (51 round trips), and the crew/survey vessel will make approximately 720 trips (360 round trips) for a combined total of 822 construction-support-related transits (411 round trips). All of the construction and support vessels will be transiting Massachusetts Bay en route to the Port. While transiting to and from the construction sites, the supply vessel and crew/survey vessel will travel at approximately 10 knots (18.5 km/hr). While transiting to and from the Gulf of Mexico, the derrick/lay barge and anchor handling vessels will travel up to 12 and 14 knots (22.2 and 25.9 km/hr), respectively, but will operate either in place or at very slow speeds during construction. The survey/diver support vessel will travel at speeds up to 10 knots (18.5 km/hr) transiting to and from the construction area and between dive sites. Materials, including unloading buoys, mooring lines, risers, and control umbilicals, will be transported from the shore-based storage area to the operating site on deck cargo barges pulled by oceangoing tugs. Cargo barges will transport the concrete-coated line pipe and manifolds to the operating site. Approved construction procedures will be delivered to each construction vessel, and a kick-off meeting to review construction procedures, health and safety procedures, and environmental limitations will be held with key personnel prior to starting each construction activity. Construction Sound Underwater acoustic analyses were completed for activities related to all aspects of Neptune construction. Activities considered to be potential sound sources during construction include: installation (plowing) of flowline and main transmission pipeline routes; lowering of materials (pipe, anchors, and chains); and installation of the suction pile anchors. Construction-related activities for the Port and the pipeline will generate sound exceeding the 120-dB threshold for continuous and intermittent noise at the source. The loudest source of underwater noise during construction of the Neptune Port will be the use of thrusters for dynamic positioning. Marine Mammals Affected by the Activity Marine mammal species that potentially occur within the Neptune facility impact area include several species of cetaceans and pinnipeds: North Atlantic right whale, blue whale, fin whale, sei whale, minke whale, humpback whale, killer whale, long-finned pilot whale, sperm whale, Atlantic white-beaked dolphin, Atlantic white-sided dolphin, bottlenose dolphin, common dolphin, harbor porpoise, Risso's dolphin, striped dolphin, gray seal, harbor seal, harp seal, and hooded seal. Table 3-1 in the IHA application outlines the marine mammal species that occur in Massachusetts Bay and the likelihood of occurrence of each species. Information on those species that may be impacted by this activity are discussed in detail in the MARAD/USCG Final EIS on the Neptune LNG proposal. Please refer to that document for more information on these species and potential impacts from construction and operation of this LNG facility. In addition, general information on these marine mammal species can also be found in the NMFS Stock Assessment Reports (Waring *et al.* , 2007), which is available at: *http://www.nefsc.noaa.gov/nefsc/publications/tm/tm201/* . In addition to the 16 species listed in Table 3-1 of Neptune's application, Massachusetts Bay is considered an extralimital habitat for ten other cetacean species, or their presence has only been recorded from strandings (Cardoza *et al.* , 1999). The following six species of beaked whales are all pelagic and recorded mostly as strandings the northern bottlenose whale ( *Hyperoodon ampullatus* ), Cuvier's beaked whale ( *Ziphius cavirostris* ), Sowerby's beaked whale ( *Mesoplodon bidens* ), Blainville's beaked whale ( *M. densirostris* ), Gervais' beaked whale ( *M. europaeus* ), and true's beaked whale ( *M. mirus* ). Vagrants include the beluga whale (Delphinapterus leucas), a northern species with rare vagrants reported as far south as Long Island (Katona *et al.* , 1993); the pantropical spotted dolphin ( *Stenella attenuata* ) and false killer whale ( *Pseudorca crassidens* ), which are primarily tropical species with rare sightings in Massachusetts waters (Cardoza *et al.* , 1999); and the pygmy sperm whale ( *Kogia breviceps* ), which is generally an offshore species that occasionally wanders inshore. These vagrant species are not considered further in the analysis. Potential Effects on Marine Mammals The effects of sound on marine mammals are highly variable and can be categorized as follows (based on Richardson *et al.* , 1995):

(1)The sound may be too weak to be heard at the location of the animal (i.e., lower than the prevailing ambient noise level, the hearing threshold of the animal at relevant frequencies, or both);

(2)The sound may be audible but not strong enough to elicit any overt behavioral response;

(3)The sound may elicit reactions of variable conspicuousness and variable relevance to the well being of the marine mammal; these can range from temporary alert responses to active avoidance reactions, such as vacating an area at least until the sound ceases;

(4)Upon repeated exposure, a marine mammal may exhibit diminishing responsiveness (habituation) or disturbance effects may persist; the latter is most likely with sounds that are highly variable in characteristics, infrequent, and unpredictable in occurrence, and associated with situations that a marine mammal perceives as a threat;

(5)Any anthropogenic sound that is strong enough to be heard has the potential to reduce

(mask)the ability of a marine mammal to hear natural sounds at similar frequencies, including calls from conspecifics, and underwater environmental sounds such as surf noise;

(6)If mammals remain in an area because it is important for feeding, breeding, or some other biologically important purpose even though there is chronic exposure to sound, it is possible that there could be sound-induced physiological stress; this might in turn have negative effects on the well-being or reproduction of the animals involved; and

(7)Very strong sounds have the potential to cause temporary or permanent reduction in hearing sensitivity. In terrestrial mammals, and presumably marine mammals, received sound levels must far exceed the animal's hearing threshold for there to be any temporary threshold shift

(TTS)in its hearing ability. For transient sounds, the sound level necessary to cause TTS is inversely related to the duration of the sound. Received sound levels must be even higher for there to be risk of permanent hearing impairment. In addition, intense acoustic (or explosive events) may cause trauma to tissue associated with organs vital for hearing, sound production, respiration, and other functions. This trauma may include minor to severe hemorrhage. Construction and operation of the Neptune Port will occur consecutively, with no overlap in activities. During construction, the project activities will occur over a 2-year period with sound from Port and pipeline construction causing some possible disturbance to small numbers of both baleen and toothed whales. Pinnipeds are unlikely to be present during summer and will not be affected. The installation of the suction piles will produce only low levels of sound during the construction period and will not increase the numbers of animals affected. Modeling results indicate that noise levels would be below 90 dB re 1 μPa within 0.2 mi (0.3 km) of the source. During construction of the Port and pipeline, underwater sound levels will be temporarily elevated. These elevated sound levels may cause some species to temporarily disperse from or avoid construction areas, but they are expected to return shortly after construction is completed. The likelihood of a vessel strike of a marine mammal during pipe laying and trenching operations is low since equipment will be towed at very slow speeds (approximately 5 ft (1.5 m) per minute). Any whales foraging near the bottom would be able to avoid collision or interaction with the equipment and displacement would be temporary for the duration of the plow pass. Estimates of Take by Harassment There are three general types of sounds recognized by NMFS: continuous, intermittent (or transient), and pulsive. Sounds of short duration that are produced intermittently or at regular intervals, such as sounds from pile driving, are classified as “pulsed.” Sounds produced for extended periods, such as sound from generators, are classified as “continuous.” Sounds from moving sources, such as ships, can be continuous, but for an animal at a given location, these sounds are “transient” (i.e., increasing in level as the ship approaches and then diminishing as it moves away). Neither the construction nor operation of the Port will cause pulsive sound activities, including pile driving, seismic activities, or blasting. The sound sources of potential concern are continuous and intermittent sound sources, including underwater noise generated during pipeline/flowline construction. Both continuous and intermittent noise sources are subject to NMFS' 120 dB re 1 μPa threshold for determining levels of continuous underwater noise that may result in the disturbance of marine mammals. Construction-related Underwater Sound Effects • Pipe-laying activities will generate continuous but transient sound and will likely result in variable sound levels during the construction period. Depending on water depth, the 120-dB contour during pipe-laying activities will extend from the source (the Port) in varying directions from 3.8 to 5.9 nm (7 to 10.9 km), encompassing an area ranging from 37 to 47 nm 2 for the flowline at the Port and will extend from the pipeline route out 3.5 to 4.1 nm (6.5 to 7.6 km), encompassing an area from 35 to 44 nm 2 for the pipeline route. • Installation of the suction pile anchors at the Port will produce only low levels of underwater sound with no levels above the 120-dB criterion for continuous sound. The 120-dB threshold would not be exceeded, and the 90-dB contour would occur only out to 300-1,000 ft (91.4-305 m) from the sound source. (See Appendix B of Neptune's application for a more detailed description.) The basis for Neptune's “take” estimate is the number of marine mammals that potentially could be exposed to sound levels in excess of 120 dB. Typically, this is determined by applying the modeled zone of influence (e.g., the area ensonified by the 120-dB contour) to the seasonal use (density) of the area by marine mammals and correcting for seasonal duration of sound-generating activities and estimated duration of individual activities when the maximum sound-generating activities are intermittent to occasional. Nearly all of the required information is readily available in the MARAD/USCG Final EIS, with the exception of marine mammal density estimates for the project area. For the assessment of the biological noise effects of the Neptune Port construction and operation, LGL Limited (LGL; 2005 and 2006) evaluated the marine mammal density data available from the Cetacean and Turtle Assessment Program

(1982)and the U.S. Navy's

(USN)Marine Resources Assessment

(MRA)for the Northeast Operating Areas (Dept. of the Navy, 2005). The results and methodologies used by both surveys are discussed in detail in Appendix B of Neptune's application. Using the results from the USN

(2005)geospatial analysis model, LGL developed average density-indices for marine mammals known to occur in the proposed project area. The LGL analysis assumed that the USN-adopted method of converting linear density-indices into areal density estimates was reasonable and assumed that the highest numbers of marine mammals in the density-index ranges would be present during Port construction and operations. Table 6-1 in the IHA application provides estimated densities for Massachusetts Bay. LGL cautions that the linear data identified by the USN in its MRA

(2005)provide an index of abundance based on all of the usable available data. To convert the linear data into densities for the purpose of assessing the underwater sound effects of the construction and operation of the Neptune Port, it was assumed that the effective survey width was a 0.3-mi (0.5-km) strip on each side of the survey vehicle. Thus, each linear kilometer of survey would encompass an area of 1 km 2 . This is a gross oversimplification of reality. For most whale species, individuals are sighted well beyond the assumed distance of 0.3-mi (0.5 km) on each side of the trackline. Thus, the adopted approach overestimates the actual numbers of animals per square kilometer because the linear estimates actually include animals beyond the 0.3-mi (0.5-km) strip width. However, all surveys fail to detect a portion of the animals that are actually present on the surface or underwater. Therefore, the approach adopted here accounts for an unknown fraction of the missed animals. Because these biases cannot be quantified, it is important to treat the following numerical assessments as approximations. For construction-related effects, Neptune is requesting take of eight cetacean species. Table 6-1 in the IHA application and Table 1 here provide Neptune's estimate of the number of marine mammals that could potentially be harassed during Port construction activities. Species Requested Take Levels for Construction Activities North Atlantic right whale 4 Humpback whale 5 Fin whale 3 Sei whale 3 Minke whale 1 Long-finned pilot whale 44 Atlantic white-sided dolphin 1 43 Harbor porpoise1 23 Table 1. Requested take levels for marine mammals in Massachusetts Bay from construction of the Neptune Port 1 Dolphin distribution is generally patchy and with a few large pods being present rather than an even distribution. Based on weekly construction reports submitted to NMFS by another LNG facility in Massachusetts Bay, the take levels requested by Neptune seem a bit low. It is likely based on the observer data and further analysis, the numbers that would be authorized in the final IHA may be slightly higher than those in this notice of proposed IHA. NMFS biologists will analyze area density, the area to be ensonified to 160 dB, and the number of days that construction activities will occur in order to derive more accurate take numbers during the time of Port construction. However, the numbers are expected to be small based on population sizes. Potential Impact on Habitat from Port Construction Construction of the Neptune Port and pipeline will affect marine mammal habitat in several ways: seafloor disturbance, increased turbidity, and generation of additional underwater sound in the area. Proposed construction activities will temporarily disturb 418 acres (1.7 km 2 ) of seafloor (11 acres (0.04 km 2 ) at the Port, 85 acres (0.3 km 2 ) along the pipeline route, and an estimated 322 acres (1.3 km 2 ) due to anchoring of construction and installation vessels). Of the proposed construction activities, pipeline installation, including trenching, plowing, jetting, and backfill, is expected to generate the most disturbance of bottom sediments. Sediment transport modeling conducted by Neptune indicates that initial turbidity from pipeline installation could reach 100 milligrams per liter (mg/L) but will subside to 20 mg/L after 4 hours. Turbidity associated with the flowline and hot-tap will be considerably less and also will settle within hours of the work being completed. Resettled sediments also will constitute to seafloor disturbance. When re-suspended sediments resettle, they reduce growth, reproduction, and survival rates of benthic organisms, and in extreme cases, smother benthic flora and fauna. Plankton will not be affected by resettled sediment. The project area is largely devoid of vegetation and consists of sand, silt, clay, or mixtures of the three. Recovery of soft-bottom benthic communities impacted by project installation is expected to be similar to the recovery of the soft habitat associated with the construction of the HubLine SM (Algonquin Gas Transmission L.L.C., 2004). Post-construction monitoring of the HubLine SM indicates that areas that were bucket-dredged showed the least disturbance. Displaced organisms will return shortly after construction ceases, and disrupted communities will easily re-colonize from surrounding communities of similar organisms. Similarly, disturbance to hard-bottom pebble/cobble and piled boulder habitat is not expected to be significant. Some organisms could be temporarily displaced from existing shelter, thereby exposing them to increased predation, but the overall structural integrity of these areas will not be reduced (Auster and Langton, 1998). Short-term impacts on phytoplankton, zooplankton (holoplankton), and planktonic fish and shellfish eggs and larvae (meroplankton) will occur as a result of the project. Turbidity associated with Port and pipeline installation will result in temporary direct impacts on productivity, growth, and development. Phytoplankton and zooplankton abundance will be greatest during the summer construction schedule. Fish eggs and larvae are present in the project area throughout the year. Different species of fish and invertebrate eggs and larvae will be affected by the different construction schedules. The temporary disturbance of benthic habitat from trenching for and burial of the transmission pipeline will result in direct, minor, adverse impacts from the dispersion of fish from the area and the burying or crushing of shellfish. In the short-term, there will be a temporary, indirect, and beneficial impact from exposing benthic food sources. Seafloor disturbance could also occur as a result of resettling of suspended sediments during installation and construction of the proposed Port and pipeline. Redeposited sediments will potentially reduce viability of demersal fish eggs and growth, reproduction, and survival rates of benthic shellfish. In extreme cases, resettled sediments could smother benthic shellfish, although many will be able to burrow vertically through resettled sediments. Construction activities will not create long-term habitat changes, and marine mammals displaced by the disturbance to the seafloor are expected to return soon after construction ceases. Marine mammals also could be indirectly affected if benthic prey species were displaced or destroyed by construction activities. Affected species are expected to recover soon after construction ceases and will represent only a small portion of food available to marine mammals in the area. Marine Mammal Mitigation, Monitoring, and Reporting Port Construction Minimization Measures General Construction activities will be limited to a May through November time frame so that acoustic disturbance to the endangered North Atlantic right whale can largely be avoided. Proposed Visual Monitoring Program The Neptune Project will employ two marine mammal observers

(MMOs)on each lay barge, bury barge, and diving support vessel for visual shipboard surveys during construction activities. Qualifications for these individuals will include direct field experience on a marine mammal/sea turtle observation vessel and/or aerial surveys in the Atlantic Ocean/Gulf of Mexico. The observers (one primary, one secondary) are responsible for visually locating marine mammals at the ocean's surface, and, to the extent possible, identifying the species. The primary observer will act as the identification specialist, and the secondary observer will serve as data recorder and also assist with identification. Both observers will have responsibility for monitoring for the presence of marine mammals. All observers will receive NMFS-approved MMO training and be approved in advance by NMFS after review of their resumes. The MMOs will be on duty at all times when each vessel is moving and at selected periods when the vessel is idle, including when other vessels move around the construction lay barge. The MMOs will monitor the construction area beginning at daybreak using 25x power binoculars and/or hand-held binoculars, resulting in a conservative effective search range of 0.5 mi (0.8 km) during clear weather conditions for the shipboard observers. The MMO will scan the ocean surface by eye for a minimum of 40 minutes every hour. All sightings will be recorded in marine mammal field sighting logs. Observations of marine mammals will be identified to species or the lowest taxanomic level and their relative position will be recorded. Night vision devices will be standard equipment for monitoring during low-light hours and at night. During all phases of construction, MMOs will be required to scan for and report all marine mammal sightings to the vessel captain. The captain will then alert the environmental coordinator that a marine mammal is near the construction area. The MMO will have the authority to bring the vessel to idle or to temporarily suspend operations if a baleen whale is seen within 0.6 mi (1 km) of the moving pipelay vessel or construction area. The MMO or environmental coordinator will determine whether there is a potential for harm to an individual animal and will be charged with responsibility for determining when it is safe to resume activity. A vessel will not increase power again until the marine mammal(s) leave(s) the area or has/have not been sighted for 30 minutes. The vessel will then power up slowly. Construction and support vessels will be required to display lights when operating at night, and deck lights will be required to illuminate work areas. However, use of lights will be limited to areas where work is actually occurring, and all other lights will be extinguished. Lights will be downshielded to illuminate the deck and will not intentionally illuminate surrounding waters, so as not to attract whales or their prey to the area. Distance and Noise Level for Cut-Off

(1)During construction, if a marine mammal is detected within 0.5 mi (0.8 km) of a construction vessel, the vessel superintendent or on-deck supervisor will be notified immediately. The vessel's crew will be put on a heightened state of alert. The marine mammal will be monitored constantly to determine if it is moving toward the construction area. The observer is required to report all North Atlantic right whale sightings to NMFS, as soon as possible.

(2)Construction vessels will cease any movement in the construction area if a marine mammal other than a right whale is sighted within or approaching to a distance of 100 yd (91 m) from the operating construction vessel. Construction vessels will cease any movement in the construction area if a right whale is sighted within or approaching to a distance of 500 yd (457 m) from the operating construction vessel. Vessels transiting the construction area such as pipe haul barge tugs will also be required to maintain these separation distances. Activities will cease within these safety radii in order to avoid injury or mortality of any marine mammal.

(3)Construction vessels will cease all activities that emit sounds reaching a received level of 120 dB re 1 μPa or higher at 100 yd (91 m) if a marine mammal other than a right whale is sighted within or approaching to this distance, or if a right whale is sighted within or approaching to a distance of 500 yd (457 m), from the operating construction vessel. The back-calculated source level, based on the most conservative cylindrical model of acoustic energy spreading, is estimated to be 139 dB re 1 μPa. Activities will cease within these safety radii in order to avoid injury or mortality of any marine mammal.

(4)Construction may resume after the marine mammal is positively reconfirmed outside the established zones (either 500 yd (457 m) or 100 yd (91 m), depending upon species). Vessel Strike Avoidance

(1)While under way, all construction vessels will remain 0.6 mi (1 km) away from right whales and all other whales to the extent possible and 100 yd (91 m) away from all other marine mammals to the extent physically feasible given navigational constraints as required by NMFS.

(2)MMOs will direct a moving vessel to slow to idle if a baleen whale is seen within 0.6 mi (1 km) of the vessel.

(3)All construction vessels 300 gross tons or greater will maintain a speed of 10 knots (18.5 km/hr) or less. Vessels less than 300 gross tons carrying supplies or crew between the shore and the construction site must contact the appropriate authority or the construction site before leaving shore for reports of recent right whale sighting and, consistent with navigation safety, restrict speeds to 10 knots (18.5 km/hr) or less within 5 mi (8 km) of any recent sighting location.

(4)Vessels transiting through the Cape Cod Canal and Cape Cod Bay

(CCB)between January 1 and May 15 will reduce speeds to 10 knots (18.5 km/hr) or less, follow the recommended routes charted by NOAA to reduce interactions between right whales and shipping traffic, and avoid aggregations of right whales in the eastern portion of CCB. To the extent practicable, pipe deliveries will be avoided during the January to May time frame. In the unlikely event the Canal is closed during construction, the pipe haul barges will transit around Cape Cod following the Boston Traffic Separation Scheme and all measures for the SRVs when transiting to the Port (see Appendix D of Neptune's application for Port Operation Minimization Measures).

(5)Construction and support vessels will transit at 10 knots or less in the following seasons and areas: • Southeast U.S. Seasonal Management Area

(SMA)from November 15 through April 15, which is bounded by the shoreline, 31° 27' N. (i.e., the northern edge of the Mandatory Ship Reporting System

(MSRS)boundary) to the north, 29° 45' N. to the south, and 80° 51.6' W. (i.e., the eastern edge of the MSRS boundary); • Mid-Atlantic SMAs from November 1 through April 30, which encompass the waters within a 30 nm (55.6 km) area with an epicenter at the midpoint of the COLREG demarcation line crossing the entry into the following designated ports or bays:

(a)Ports of New York/New Jersey;

(b)Delaware Bay (Ports of Philadelphia and Wilmington);

(c)Entrance to the Chesapeake Bay (Ports of Hampton Roads and Baltimore)

(d)Ports of Morehead City and Beaufort, North Carolina;

(e)Port of Wilmington, North Carolina;

(f)Port of Georgetown, South Carolina;

(g)Port of Charleston, South Carolina; and

(h)Port of Savannah, Georgia; • CCB SMA from January 1 through May 15, which includes all waters in CCB, extending to all shorelines of the Bay, with a northern boundary of 42° 12' N.; • Off Race Point SMA year round, which is bounded by straight lines connecting the following coordinates in the order stated: 42° 30' N. 70° 30' W. 42° 30' N. 69° 45' W. 41° 40' N. 69° 45' W. 41° 40' N. 69° 57' W. 42° 04.8' N. 70° 10' W. 42° 12' N. 70° 15' W. 42° 12' N. 70° 30' W. 42° 30' N. 70° 30' W.; and • Great South Channel SMA from April 1 through July 31, which is bounded by straight lines connecting the following coordinates in the order stated: 42° 30' N. 69° 45' W. 42° 30' N. 67° 27' W. 42° 09' N. 67° 08.4' W. 41° 00' N. 69° 05' W. 41° 40' N. 69° 45' W. 42° 30' N. 69° 45' W. Passive Acoustic Monitoring

(PAM)Program In addition to visual monitoring, Neptune will utilize a PAM system to aid in the monitoring and detection of vocalizing marine mammals in the proposed project area. Neptune has engaged personnel from NMFS and the Stellwagen Bank National Marine Sanctuary (SBNMS) regarding available passive acoustic technology that could be used to enhance the PAM program. The proposed PAM system will be capable of detecting, localizing (range and bearing), and classifying marine mammals in real-time. When combined with an action and communication plan, Neptune will have the capability to make timely decisions and undertake steps to minimize the potential for collisions between marine mammals and construction vessels. The PAM system proposed for the Neptune project will involve the installation of an array of auto-detection monitoring buoys moored at regular intervals in a circle surrounding the site of the terminal and associated pipeline construction. Buoys will be arranged to maximize auto detection and provide localization capability. With the existing technology, this would require six buoys moored every 5 nm (9.3 km) to provide some overlap in coverage. The buoys are designed to monitor the sound output from construction activities to ensure predicted levels are not exceeded and to detect the presence of vocally active marine mammals. Passive acoustic devices will be actively monitored for detections by a NMFS-approved bioacoustic technician. Other Measures Mesh grates will be used during flooding and hydrostatic testing of the pipeline and flowlines to minimize impingement and entrainment of marine mammals. Operations involving excessively noisy equipment will “ramp-up” sound sources, as long as this does not jeopardize the safety of vessels or construction workers, allowing whales a chance to leave the area before sounds reach maximum levels. Contractors will be required to utilize vessel-quieting technologies that minimize sound. Contractors will be required to maintain individual Spill Prevention, Control, and Containment Plans in place for construction vessels during construction. An environmental coordinator with experience coordinating projects to monitor and minimize impacts to marine mammals will be onsite to coordinate all issues concerning marine protected species, following all of the latest real-time marine mammal movements. The coordinator will work to ensure that environmental standards are adhered to and adverse interactions between project equipment and marine mammals do not occur. Reporting During construction, weekly status reports will be provided to NMFS utilizing standardized reporting forms. In addition, the Neptune Port Project area is within the MSRA, so all construction and support vessels will report their activities to the mandatory reporting section of the USCG to remain apprised of North Atlantic right whale movements within the area. All vessels entering and exiting the MSRA will report their activities to WHALESNORTH. During all phases of project construction, sightings of any injured or dead marine mammals will be reported immediately to the USCG and NMFS, regardless of whether the injury or death is caused by project activities. Any right whale sightings will be reported to the NMFS Sighting Advisory System. During all phases of Port construction, sightings of any injured or dead marine mammals must be reported to NMFS immediately, regardless of whether or not the injury or death was caused by project activities. Sightings of injured or dead marine mammals not associated with project activities can be reported to the USCG on VHF Channel 16 or to NMFS Stranding and Entanglement Hotline. In addition, if the injury or death was caused by a project vessel (e.g., SRV, support vessel, or construction vessel), USCG must be notified immediately, and a full report must be provided to NMFS, Northeast Regional Office. The report must include the following information:

(1)the time, date, and location (latitude/longitude) of the incident;

(2)the name and type of vessel involved;

(3)the vessel's speed during the incident;

(4)a description of the incident;

(5)water depth;

(6)environmental conditions (e.g., wind speed and direction, sea state, cloud cover, and visibility);

(7)the species identification or description of the animal; and

(8)the fate of the animal. An annual report on marine mammal monitoring and mitigation will be submitted to NMFS Office of Protected Resources and NMFS Northeast Regional Office within 90 days after the expiration of the IHA. The weekly reports and the annual report should include data collected for each distinct marine mammal species observed in the project area in the Massachusetts Bay during the period of LNG facility construction. Description of marine mammal behavior, overall numbers of individuals observed, frequency of observation, and any behavioral changes and the context of the changes relative to construction activities shall also be included in the annual report. Additional information that will be recorded during construction and contained in the reports include: date and time of marine mammal detections (visually or acoustically), weather conditions, species identification, approximate distance from the source, activity of the vessel or at the construction site when a marine mammal is sighted, and whether or not thrusters were in use and how many at the time of the sighting. Endangered Species Act

(ESA)On January 12, 2007, NMFS concluded consultation with MARAD and USCG under section 7 of the ESA on the proposed construction and operation of the Neptune LNG facility. The finding of that consultation was that the construction and operation of the Neptune LNG terminal may adversely affect, but is not likely to jeopardize, the continued existence of northern right, humpback, and fin whales, and is not likely to adversely affect sperm, sei, or blue whales and Kemp's ridley, loggerhead, green, or leatherback sea turtles. Because the issuance of an IHA to Neptune under section 101(a)(5) of the MMPA is a Federal action, NMFS has section 7 responsibilities for its action. Consultation on the NMFS action will be concluded prior to its determination on the issuance of an IHA to Neptune. National Environmental Policy Act MARAD and the USCG released a Final EIS/Environmental Impact Report

(EIR)for the proposed Neptune LNG Deepwater Port. A notice of availability was published by MARAD on November 2, 2006 (71 FR 64606). The Final EIS/EIR provides detailed information on the proposed project facilities, construction methods, and analysis of potential impacts on marine mammals. The Final EIS/EIR is incorporated as part of the MMPA record of decision on this action. NMFS was a cooperating agency in the preparation of the EIS based on a Memorandum of Understanding related to the Licensing of Deepwater Ports entered into by the U.S. Department of Commerce along with 10 other government agencies. NMFS is currently reviewing the Final EIS and will either adopt it or prepare its own NEPA document before making a determination on the issuance of an IHA for the Neptune Project. Preliminary Determinations NMFS has preliminarily determined that the impact of construction of the Neptune Port Project may result, at worst, in a temporary modification in behavior of small numbers of certain species of marine mammals that may be in close proximity to the Neptune LNG facility and associated pipeline during its construction. These activities are expected to result in some local short-term displacement, resulting in no more than a negligible impact on the affected species or stocks of marine mammals. The provision requiring that the activity not have an unmitigable adverse impact on the availability of the affected species or stock for subsistence use does not apply for this proposed action. This preliminary determination is supported by measures described earlier in this document under “Marine Mammal Mitigation, Monitoring, and Reporting” and MARAD's Record of Decision (and NMFS' Biological Opinion on this action). As a result of the described mitigation measures, no take by injury or death is requested, anticipated, or proposed to be authorized, and the potential for temporary or permanent hearing impairment is very unlikely due to the relatively low noise levels (and consequently small zone of impact). The likelihood of such effects would be avoided through the incorporation of the proposed shut-down mitigation measures mentioned in this document. While the number of marine mammals that may be harassed will depend on the distribution and abundance of marine mammals in the vicinity of the Port construction, the estimated number of marine mammals to be harassed is small. Proposed Authorization As a result of these preliminary determinations, NMFS proposes to issue an IHA to Neptune for the taking (by Level B harassment only) during construction of the Neptune Port provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. Dated: February 12, 2008. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E8-3021 Filed 2-15-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE Office of the Secretary [DoD-2008-OS-0008] Privacy Act of 1974; System of Records AGENCY: Office of the Secretary, DoD. ACTION: Notice to reinstate two systems of records. SUMMARY: The Office of the Secretary of Defense is reinstating and transferring two systems of records notices, that were inadvertently deleted, to 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 March 20, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the OSD Privacy Act Coordinator, Records Management Section, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155. FOR FURTHER INFORMATION CONTACT: Ms. Cindy Allard at

(703)588-2386. SUPPLEMENTARY INFORMATION: On February 11, 2008 (73 FR 7720) the DoD published a system of records notice which deleted two systems of records. This notice is to reinstate and transfer from the Defense Logistics Agency

(DLA)to Office of the Secretary of Defense

(OSD)inventory of system of records. The following two systems (DMDC 09 and DMDC 10) are reinstated and transferred. Dated: February 12, 2008. L.M. Bynum, Alternative OSD Federal Register Liaison Officer, Department of Defense. DMDC 09 System name: Archival Purchase Card File System location: Defense Manpower Data Center, DoD Center Monterey Bay, 400 Gigling Road, Seaside, CA 93955-6771. Categories of individuals covered by the system: All DoD military members and civilian purchasing agents who have been issued credit purchase cards and/or granted approving authorization for the procurement of supplies, equipment, and services for official business. Categories of records in the system: The system includes cardholder name, credit purchase card account number, billing address, work telephone number, and merchant data; approving official name, account number, work telephone number and addresses; and account processing and management information, including charge purchase card transactions, purchase and credit limitations, and card cancellation status indictor. Authority for maintenance of the system: 5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 136, Under Secretary of Defense for Personnel and Readiness; 10 U.S.C. 2358, Research and Development Projects; and 10 U.S.C. 2784, Management of Credit Cards. Purpose(s): The purpose of the system of records is to provide a single central file of credit purchases within the Department of Defense to assess historical purchase card data. For card recovery purposes, the system is used to identify former card holders who failed to properly turn in cards. Data from the system is also provided to the Defense Finance and Accounting Service for reporting credit purchase card transactions to appropriate authorities. Statistical data is used by management for planning, evaluation, and program administration purposes. 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 OSD compilation of systems of records notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Electronic storage media. Retrievability: Retrieved by name or credit purchase card account number. Safeguards: Access to personal information is restricted to those who require access to the records in the performance of their official duties. Access to personal information is further restricted by the use of passwords which are changed periodically. Physical entry is restricted by the use of locks, guards, and administrative procedures. Employees are warned through screen log-on protocols and periodic briefings of the consequences of improper access or use. Retention and disposal: Records are deleted 6 years and 3 months after final payment or when no longer needed, whichever is later. System manager(s) and address: Deputy Director, Defense Manpower Data Center, DoD Center Monterey Bay, 400 Gigling Road, Seaside, CA 93955-6771. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Privacy Act Officer, Office of Freedom of Information, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155. Written requests should contain the full name, Social Security Number (SSN), date of birth, and current address and telephone number of the individual. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the Privacy Act Officer, Office of Freedom of Information, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155. Written requests should contain the full name, Social Security Number (SSN), date of birth, and current address and telephone number of the individual. Contesting record procedures: The OSD rules for accessing records, for contesting contents and appealing initial agency determinations are published in OSD Administrative Instruction 81; 32 CFR part 311; or may be obtained from the Privacy Act Officer, Office of Freedom of Information, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155. Record source categories: The military services, the Defense components, financial institutions, merchants, and cardholders. Exemptions claimed for the system: None. DMDC 10 System name: Defense Biometric Identification System (DBIDS) System location: Defense Manpower Data Center, 400 Gigling Road, Seaside, CA 93955-6771. For a list of backup locations, contact the system manager. Categories of individuals covered by the system: Active duty, Reserve, and Guard personnel from the Armed Forces and their family members; retired Armed Forces personnel and their families; DoD and non-DoD employees and dependents, U.S. residents abroad, foreign nationals and corporate employees and dependents who have access to U.S. installations in the continental U.S. and overseas. Categories of records in the system: The system includes personal data to include name, grade, Social Security Number, status, date and place of birth, weight, height, eye color, hair color, gender, passport number, country of citizenship, geographic and electronic home and work addresses and telephone numbers, marital status, fingerprints, photographs, iris scans, hand geometry template and identification card issue and expiration dates. The system also includes vehicle information such as manufacturer, model year, color and vehicle type, vehicle identification number (VIN), license plate type and number, decal number, current registration, automobile insurance data, and driver's license data. The system also contains data on government-issued and personal weapons such as type, serial number; manufacturer, caliber, firearm registration date, and storage location data to include unit, room, building, and phone number. Authority for maintenance of the system: 5 U.S.C. 301 Departmental regulations; 10 U.S.C. 113, Secretary of Defense, Note at Public Law 106-65; 10 U.S.C. 136, Under Secretary of Defense for Personnel and Readiness; 18 U.S.C. 1029, Fraud and related activity in connection with access devices; 18 U.S.C. 1030, Fraud and related activity in connection with computers; 40 U.S.C. Chapter 25, Information technology management; 50 U.S.C. Chapter 23, Internal Security; Public Law 106-398, Government Information Security Act; Public Law 100-235, Computer Security Act of 1987; Public Law 99-474, Computer Fraud and Abuse Act; E.O. 12958, Classified National Security Information as amended by E.O. 13142 and 13292; E.O. 10450, Security Requirements for Government Employees; and E.O. 9397 (SSN). Purpose(s): To support DoD physical security and access control programs, the information assurance program, used for identity verification purposes, to record personal property registered with the Department, and for producing installation management reports. Routine uses of records maintained in the system, including categories of users and the purpose 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 OSD compilation of systems of records notices apply to this system. Policies and practices for storing, retrieving, accessing and disposing of records in the system: Storage: Paper records in file folders and electronic storage media. Retrievability: Retrieved primarily by name, Social Security Number (SSN), vehicle identifiers, or weapon identification data. However, data may also be retrieved by other data elements such as passport number, photograph, fingerprint data, and similar elements in the database. Safeguards: Computerized records are maintained in a controlled area accessible only to authorized personnel. Entry is restricted by the use of locks, guards, and administrative procedures. Access to personal information is limited to those who require the records in the performance of their official duties, and to the individuals who are the subjects of the record or their authorized representatives. Access to personal information is further restricted by the use of unique logon and passwords, which are changed periodically. Retention and disposal: Disposition pending. System manager(s) and address: Director, Defense Manpower Data Center, 1600 Wilson Boulevard, Suite 400, Arlington VA 22209-2593. Deputy Director, Defense Manpower Data Center, DoD Center Monterey Bay, 400 Gigling Road, Seaside, CA 93955-6771. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Privacy Act Officer, Office of Freedom of Information, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155. Written requests should contain the full name, Social Security Number (SSN), date of birth, and current address and telephone number of the individual. Record Access Procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the Privacy Act Officer, Office of Freedom of Information, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155. Written requests should contain the full name, Social Security Number (SSN), date of birth, and current address and telephone number of the individual. Contesting records procedures: The OSD rules for accessing records, for contesting contents and appealing initial agency determinations are published in OSD Administrative Instruction 81; 32 CFR part 311; or may be obtained from the Privacy Act Officer, Office of Freedom of Information, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155. Record source categories: Data is collected from existing DoD databases, the Military Services, DoD Components, and from the individual. Exemptions claimed for the system: None. [FR Doc. E8-3019 Filed 2-15-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary Renewal of Department of Defense Federal Advisory Committees AGENCY: DoD. ACTION: Renewal of Federal Advisory Committee. SUMMARY: Under the provisions of the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.65, the Department of Defense gives notice that it is renewing the charter for the Air University Board of Visitors (hereafter referred to as the Board). The Board is a discretionary federal advisory committee established by the Secretary of Defense to provide the Department of the Air Force independent advice and recommendations on matters pertaining to the educational, doctrinal, and research policies and activities of Air University. The Secretary of the Air Force or designated representative, on behalf of the Secretary of Defense, may act upon the Board's advice and recommendations. The Board shall be composed of not more than 35 members, who are eminent authorities in the filed of air power, defense, management, leadership and academia. Board members appointed by the Secretary of Defense, who are not federal officers or employees, shall serve as Special Government Employees under the authority of 5 U.S.C. 3109. Board members shall be appointed on an annual basis by the Secretary of Defense, and they shall serve no more than nine years on the Board. The Board's Chairperson shall be elected by a vote of the Board membership and approved by the Air University Commander. The Secretary of the Air Force or designated representative may invite other distinguished federal officers or employees to serve as non-voting observers of the Board, and may appoint consultants, with special expertise, to assist the Board on an *ad hoc* basis. Board members and consultants, if required, shall, with the exception of travel and per diem for official travel, serve without compensation. However, the Secretary of the Air Force, at his discretion, may authorize compensation to Board members and consultants in accordance with existing statutes, Executive Orders and regulations. The Board shall be authorized to establish subcommittees, as necessary and consistent with its mission, and these subcommittees or working groups shall operate under the provisions of the Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976, and other appropriate federal regulations. Such subcommittees or workgroups shall not work independently of the chartered Board, and shall report all their recommendations and advice to the Board for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the chartered Board nor can they report directly to the Department of Defense or any federal officers or employees who are not Board members. SUPPLEMENTARY INFORMATION: The Board shall meet at the call of the Board's Designated Federal Officer, in consultation with the Board's chairperson. The Designated Federal Officer, pursuant to DoD policy, shall be a full-time or permanent part-time DoD employee, and shall be appointed in accordance with established DoD policies and procedures. The Designated Federal Officer or duly appointed Alternate Designated Federal Officer shall attend all committee meetings and subcommittee meetings. Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written statements to the Air University Board of Visitors' membership about the Board's mission and functions. Written statements may be submitted at any time or in response to the stated agenda of planned meeting of the Air University Board of Visitors. All written statements shall be submitted to the Designated Federal Officer for the Air University Board of Visitors, and this individual will ensure that the written statements are provided to the membership for their consideration. Contact information for the Air University Board of Visitors' Designated Federal Officer can be obtained from the GSA's FACA Database— *https://www.fido.gov/facadatabase/public.asp* . The Designated Federal Officer, pursuant to 41 CFR 102-3.150, will announce planned meetings of the Air University Board of Visitors. The Designated Federal Officer, at that time, may provide additional guidance on the submission of written statements that are in response to the stated agenda for the planned meeting in question. FOR FURTHER INFORMATION: Contact Jim Freeman, Deputy Committee Management Officer for the Department of Defense, 703-601-2554, extension 128. Dated: February 11, 2008. L.M. Bynum, Alternate OSD Federal Register, Liaison Officer, Department of Defense. [FR Doc. E8-3017 Filed 2-15-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army Availability for Non-Exclusive, Exclusive, or Partially Exclusive Licensing of Invention Described in U.S. Provisional Patent Application Concerning Treatment of Ischemia-Reperfusion Injury with Lipid, Annexin, and Lipid-Annexin Complexes AGENCY: Department of the Army, DoD. ACTION: Notice. SUMMARY: In accordance with 37 CFR 404.4, 404.6 and 404.7, announcement is made of the availability for licensing of the invention described in U.S. Provisional Patent Application No. 60/786,527 entitled “Treatment of Ischemia-Reperfusion Injury with Lipid, Annexin, and Lipid-Annexin Complexes,” filed March 27, 2006. Foreign rights are also available (PCT/US2007/065125). The United States Government, as represented by the Secretary of the Army, has rights in this invention. ADDRESSES: Commander, U.S. Army Medical Research and Materiel Command, *ATTN:* Command Judge Advocate, MCMR-ZA-J, 504 Scott Street, Fort Detrick, Frederick, MD 21702-5012. FOR FURTHER INFORMATION CONTACT: For patent issues, Ms. Elizabeth Arwine, Patent Attorney,

(301)619-7808. For licensing issues, Dr. Paul Mele, Office of Research & Technology Assessment,

(301)619-6664, both at telefax

(301)619-5034. SUPPLEMENTARY INFORMATION: Disclosed are lipids, annexin, and lipid-annexin complexes for use in the prevention and/or treatment of ischemia-reperfusion injury and reperfusion injury associated with a variety of diseases and conditions. Also disclosed are therapeutic targets and compositions for the prevention and treatment of ischemia-reperfusion injury and diseases and conditions associated with ischemia-reperfusion injury. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. E8-2980 Filed 2-15-08; 8:45 am] BILLING CODE 3710-08-P DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers Notice of Intent To Prepare a Draft Environmental Impact Statement on Rock Mining in Wetlands in Levy County, FL AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD. ACTION: Notice of intent. SUMMARY: The U.S. Army Corps of Engineers (Corps) Jacksonville District intends to prepare a Draft Environmental Impact Statement (DEIS), referred to as the Tarmac King Road Limestone Mine DEIS, to evaluate potential impacts of rock mining within wetlands in southern Levy County, FL. DATES: The Corps plans to hold two public scoping meetings on or about March 26 and 27, 2008 at 6 p.m. EST. ADDRESSES: The first meeting will be held on March 26, 2008 at the Inglis Community Center, 137 Highway 40 West, Inglis, FL 34449,

(352)447-2203. The second meeting will be held March 27, 2008 at the Tommy Usher Community Center, 506 Southwest 4th Avenue, Chiefland, FL 32626-0121,

(352)493-6711. FOR FURTHER INFORMATION CONTACT: Mr. Edward P. Sarfert,

(850)439-9533 or e-mail at edward.p.sarfert@usace.army.mil. SUPPLEMENTARY INFORMATION: a. *Background/Project Authorization.* The Corps is preparing this DEIS in accordance with the National Environmental Policy Act

(NEPA)of 1969 (42 U.S.C. 4321 *et seq.* ), Council of on Environmental Quality

(CEQ)Regulations (40 CFR 1500 *et seq.* ), and Corps provisions for implementing the procedural requirements of NEPA (33 CFR 230, USACE Engineering Regulation ER 200-2-2). A primary purpose of a Corps Regulatory Program EIS is to provide full and fair discussion of the significant environmental impacts of a proposal or project seeking a U.S. Department of Army permit. The Draft and Final EIS are used to inform the public and agency decision-makers of alternatives to an applicant's project that might avoid or minimize adverse impacts or enhance the quality of the human environment. An EIS is not a Corps regulatory decision document. It is used by agency officials in conjunction with other relevant information in a permit application file, including public and agency comments presented in the Final EIS, to support the final decision on a permit application. In this instance, Tarmac America, LLC, has filed a permit application to mine areas that include wetlands within Levy County, FL. b. *Need or Purpose.* The purpose of the proposed action is to provide construction-grade aggregate that meets the Florida Department of Transportation specifications for buildings and infrastructure. The proposed mine is to provide this aggregate for Tarmac's and its customers' use in the west central area of Florida. The Corps recognizes that there is a public and private need for this product. The purpose of the proposed DEIS is to evaluate the environmental effects of alternatives to meet these requirements while protecting the aquatic environment. c. *Prior EAs, EISs.* None. d. *Alternatives.* An evaluation of alternatives, including a No Action alternative and rock mining in other areas both inside and outside of Levy County and/or Florida will be done. The DEIS will analyze reasonable alternatives to obtaining construction grade limestone to meet the purpose and need. Alternatives will be determined through scoping, but are expected to vary according to timing, and breadth of mining, in addition to a “no action” alternative. e. *Issues.* The following issues have been identified for analysis in the DEIS. This list is preliminary and is intended to facilitate public comment on the scope of the DEIS. The DEIS will consider the effects on Federally listed threatened and endangered species, health and safety, socioeconomics, aesthetics, general environmental concerns, wetlands (and other aquatic resources), historic properties, cultural resources, fish and wildlife values, land use, transportation, recreation, water supply and conservation, water quality, energy needs, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people, and other issues identified through scoping, public involvement, and interagency coordination. At the present time, our primary areas of environmental concern are the loss of wetland functions and value, mitigation of such losses, and the effect of proposed mining on groundwater and surface water quality and on transportation. We expect to better define the issues of concern and define the methods that will be used to evaluate those issues through the scoping process. f. *Scoping Process.* CEQ regulations (40 CFR 1501.7) require an early and open process for determining the scope of a DEIS and for identifying significant issues related to the proposed action. The public will be involved in the scoping and evaluation process through advertisements, notices, and other means. At a minimum, all parties who have expressed interest in the Tarmac King Road Limestone Mine project will be given the opportunity to participate in this process. Federal, state and local agencies, and other interested groups will also be involved. All parties are invited to participate in the scoping process by identifying any additional concerns on issues, studies needed, alternatives, procedures, and other matters related to the scope of the EIS. The public scoping meetings are scheduled for (see DATES and ADDRESSES ). The Corps will provide additional notification of the meeting time and location through newspaper advertisements and other means. Following a short presentation on the planned DEIS, verbal and written comments on the scope of the DEIS will be accepted. A transcript of verbal comments will be generated to ensure accuracy. To submit comments on the scope of the Tarmac King Road Limestone Mine DEIS or to request copies of materials related to this effort as they become available to the public, contact: Mr. Edward P. Sarfert, U.S. Army Corps of Engineers, Regulatory Division, 41 North Jefferson St., Suite 111, Pensacola, FL 32502-5794, by e-mail at edward.p.sarfert@usace.army.mil, or by telephone at

(850)439-9533. Comments or requests for information can also be submitted on the Tarmac King Road Limestone Mine EIS Web site at *http://www.kingroadeis.com.* The Corps will consider all comments for the scope of the DEIS received by April 26, 2008. g. *Public Involvement.* The Corps invites Federal agencies, American Indian Tribal Nations, state and local governments, and other interested private organizations and parties to attend the public scooping meeting and to comment on the scope of the planned Tarmac King Road Limestone Mine EIS. h. *Coordination.* The proposed action is being coordinated with a number of Federal, state, regional, and local agencies including but not limited to the following: U.S. Fish and Wildlife Service, National Marine Fisheries Service, U.S. Environmental Protection Agency, Florida Department of Environmental Protection, Southwest Florida Water Management District, Florida State Historic Preservation Officer, Levy County, and other agencies as identified in scoping, public involvement, and agency coordination. i. *Other Environmental Review and Consultation.* The proposed action would involve evaluation for compliance with guidelines pursuant to Section 404(b) of the Clean Water Act. This review will involve a detailed evaluation of alternatives to rock mining in the King Road area of Levy County, which is not a water dependent activity. j. *Agency Role.* The Corps will provide extensive information and assistance on the resources to be impacted, mitigation measures, and alternatives. Although the Corps does not plan to invite any Federal agencies to be cooperating agencies, we expect to receive input and critical information from the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service and other federal, state, and local agencies. k. *Tarmac King Road Limestone Mine DEIS Preparation.* It is estimated that the DEIS will be available to the public on or about July 2008. At least one additional public meeting will be held at that time, during which the public will be provided the opportunity to comment on the Draft EIS before it becomes final. Dated: February 8, 2008. David S. Hobbie, Chief, Regulatory Division. [FR Doc. E8-2979 Filed 2-15-08; 8:45 am] BILLING CODE 3710-AJ-P DEPARTMENT OF DEFENSE Department of the Navy [USN-2008-0006] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to amend a system of records. SUMMARY: The Department of the Navy is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on March 20, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at

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

(r)of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: February 12, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. NM08370-l System name: Weapons Registration (June 14, 2006, 71 FR 34324). Changes: System location: At end of first para delete *http://neds.daps.dla.mil/sndl.htm* and replace with *http://doni.daps.dla.mil/sndl.aspx.* Categories of individuals covered by the system: At end of entry add: “All individuals authorized access to individual armories.” Purpose(s): Delete entry and replace with “To assure proper control of weapons on installations; to monitor and control purchase and disposition of weapons/accessories; and provide record of individuals authorized access to armory spaces.” System manager(s) and address: At end of entry delete *http://neds.daps.dla.mil/sndl.htm* and replace with *http://doni.daps.dla.mil/sndl.aspx.* Notification procedure: At end of first para delete *http://neds.daps.dla.mil/sndl.htm* and replace with *http://doni.daps.dla.mil/sndl.aspx* . Record access procedures: At end of first para delete *http://neds.daps.dla.mil/sndl.htm* and replace with *http://doni.daps.dla.mil/sndl.aspx.* NM08370-1 System name: Weapons Registration. System location: Organizational elements of the Department of the Navy. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* Commander, U.S. Joint Forces Command, 1562 Mitscher Avenue, Suite 200, Norfolk, VA 23551-2488. Commander, U.S. Pacific Command, P.O. Box 64028, Camp H.M. Smith, HI 96861-4028. Categories of individuals covered by the system: Individuals registering firearms or other weapons with station security offices and/or Provost Marshal; all individuals who purchase a firearm or weapon at authorized exchange activities; and/or individuals who reside in government quarters who possess privately-owned firearms; all individuals authorized access to individual armories. Categories of records in the system: Individual's name, Social Security Number (SSN), rank, weapon registration and permit records, notification to commanding officers of failure to register firearm purchased at authorized exchanges, exchange notification of firearm purchase, physical location of subject weapon, weapon description, and such other identifiable items. Authority for maintenance of the system: 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; and E.O. 9397 (SSN). Purpose(s): To assure proper control of weapons on installations; to monitor and control purchase and disposition of weapons/accessories; and provide record of individuals authorized access to armory spaces. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The DoD ‘Blanket Routine Uses' that appear at the beginning of the Navy's compilation of systems of records notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper records in file folders and electronic storage media. Retrievability: Individual's name, Social Security Number (SSN), case number, and/or organization name. Safeguards: Password controlled system, file, and element access based on predefined need-to-know. Physical access to terminals, terminal rooms, buildings, and activities' grounds are controlled by locked terminals and rooms, guards, personnel screening, and visitor registers. Retention and disposal: Records destroyed when individual leaves command. System manager(s) and address: Organizational elements of the Department of the Navy. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx* . Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Commanding officer of the activity in question. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* Written request must contain name and Social Security Number

(SSN)and signed. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the Commanding officer of the activity in question. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx* . Written request must contain name and Social Security Number

(SSN)and signed. Contesting record procedures: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. Record source categories: Individual concerned, other records of activity, investigators, witnesses, and correspondents. Exemptions claimed for the system: None. [FR Doc. E8-3020 Filed 2-15-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before March 20, 2008. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, Washington, DC 20503. Commenters are encouraged to submit responses electronically by e-mail to *oira_submission@omb.eop.gov* or via fax to

(202)395-6974. Commenters should include the following subject line in their response “Comment: [insert OMB number], [insert abbreviated collection name, e.g., “Upward Bound Evaluation”]. Persons submitting comments electronically should not submit paper copies. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget

(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:

(1)Type of review requested, e.g., new, revision, extension, existing or reinstatement;

(2)Title;

(3)Summary of the collection;

(4)Description of the need for, and proposed use of, the information;

(5)Respondents and frequency of collection; and

(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: February 12, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Office of Elementary and Secondary Education *Type of Review:* Revision. *Title:* Survey on the Use of Funds Under Title II, Part A (“Improving Teacher Quality State Grants—Subgrants to LEAs”). *Frequency:* Annually. *Affected Public:* State, Local, or Tribal Gov't, SEAs or LEAs (primary). *Reporting and Recordkeeping Hour Burden:* *Responses:* 850. *Burden Hours:* 5,000. *Abstract:* The No Child Left Behind Act of 2001 (NCLB), which reauthorized the Elementary and Secondary Education Act of 1965, provides funds to districts to improve the quality of their teaching and principal force and raise student achievement. These funds are provided to districts through Title II, Part A (“Improving Teacher Quality State Grants—Subgrants to LEAs”). The purpose of this survey is for the U.S. Department of Education to have a better understanding of how districts are using these funds. The survey also collects information on high-quality professional development in LEAs. This OMB clearance request is to continue these analyses using a similar data collection instrument and sampling plan for the 2007-2008 school year and subsequent years. The major change from past years is the addition of a short survey for State Educational Agencies (SEAs). The SEA survey will provide information on fiscal year allocations of Title II, Part A funds made to the LEAs selected for participation in the main survey and be preprinted with the names of the LEAs selected for participation in the LEA survey. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3523. When you access the information collection, click on “Download Attachments “ to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov* . Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E8-3015 Filed 2-15-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY LSBC, Inc.; Notice of Intent To Grant Exclusive Patent License AGENCY: Department of Energy, Office of the General Counsel. SUMMARY: Notice is hereby given with an intent to grant to Lone Star Bit, (“LSBC, Inc.”), of Stafford, Texas, an exclusive license to practice the inventions described in U.S. Patent No. 6,427,791, entitled “Drill bit assembly for releasably retaining a drill bit cutter.” The inventions are owned by the United States of America, as represented by the U.S. Department of Energy (DOE). DATES: Written comments or nonexclusive license applications are to be received at the address listed below no later than March 20, 2008. ADDRESSES: Office of the Assistant General Counsel for Technology Transfer and Intellectual Property, U.S. Department of Energy, 1000 Independence Ave., SW., Washington, DC 20585. FOR FURTHER INFORMATION CONTACT: Annette R. Reimers, Office of the Assistant General Counsel for Technology Transfer and Intellectual Property, U.S. Department of Energy, Forrestal Building, Room 6F-067, 1000 Independence Ave., SW., Washington, DC 20585; Telephone

(202)586-3815. SUPPLEMENTARY INFORMATION: 35 U.S.C. 209 provides federal agencies with authority to grant exclusive licenses in federally-owned inventions, if, among other things, the agency finds that the public will be served by the granting of the license. The statute requires that no exclusive license may be granted unless public notice of the intent to grant the license has been provided, and the agency has considered all comments received in response to that public notice before the end of the comment period. LSBC, Inc., of Stafford, Texas has applied for an exclusive license to practice the inventions embodied in U.S. Patent No. 6,427,791 and has plans for commercialization of the inventions. The exclusive license will be subject to a license and other rights retained by the U.S. Government and other terms and conditions to be negotiated. DOE intends to negotiate to grant the license, unless, within 30 days of this notice, the Assistant General Counsel for Technology Transfer and Intellectual Property, Department of Energy, Washington, DC 20585, receives in writing any of the following, together with supporting documents:

(i)A statement from any person setting forth reason why it would not be in the best interests of the United States to grant the proposed license; or

(ii)An application for a nonexclusive license to the invention in which applicant states that it already has brought the invention to practical application or is likely to bring the invention to practical application expeditiously. The Department will review all timely written responses to this notice and will proceed with negotiating the license if, after consideration of written responses to this notice, a finding is made that the license is in the public interest. Issued in Washington, DC on February 7, 2008. Paul A. Gottlieb, Assistant General Counsel for Technology Transfer and Intellectual Property. [FR Doc. E8-3006 Filed 2-15-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Excom, Inc. AGENCY: Department of Energy, Office of the General Counsel. ACTION: Notice of Invention Available for License and Intent to Grant Exclusive License. SUMMARY: Notice is hereby given that the “Smart Visual Sensor”

(SVS)technology, developed under ISTC project # 3195, is available for licensing in the United States as deemed appropriate in the public interest. Excom, Inc., of Holmden, NJ, has applied for an exclusive license to practice the SVS technology in the U.S. The U.S. Government has the exclusive authority to license the SVS technology in the United States. DATES: Written comments or nonexclusive license applications are to be received at the address listed below no later than April 4, 2008. ADDRESSES: Office of the Assistant General Counsel for Technology Transfer and Intellectual Property, U.S. Department of Energy, 1000 Independence Ave., SW., Washington, DC 20585. FOR FURTHER INFORMATION: John T. Lucas, Office of the Assistant General Counsel for Technology Transfer and Intellectual Property, U.S. Department of Energy, Forrestal Building, Room 6F-067, 1000 Independence Ave., SW., Washington, DC 20585; Telephone

(202)586-2939. SUPPLEMENTARY INFORMATION: 35 U.S.C. 209 provides federal agencies with authority to grant exclusive licenses in federally-owned inventions, if, among other things, the agency finds that the public will be served by the granting of the license. The statute requires that no exclusive license may be granted unless public notice of the intent to grant the license has been provided, and the agency has considered all comments received in response to that public notice, before the end of the comment period. Excom, Inc., of Holmdel, NJ has applied for an exclusive license to the SVS technology and has plans for its commercialization. The exclusive license will be subject to a license and other rights retained by the U.S. Government, and other terms and conditions to be negotiated. DOE intends to negotiate to grant the license, unless, within 45 days of this notice, the Assistant General Counsel for Technology Transfer and Intellectual Property, Department of Energy, Washington, DC 20585, receives in writing any of the following, together with supporting documents:

(i)A statement from any person setting forth reason why it would not be in the best interests of the United States to grant the proposed license; or

(ii)An inquiry concerning the technology, followed by an application for a nonexclusive license to the technology in which applicant states that it already has brought the invention to practical application or is likely to bring the technology to practical application expeditiously The Department will review all timely written responses to this notice, and will proceed with negotiating the license if, after consideration of written responses to this notice, a finding is made that the license is in the public interest. Issued in Washington, DC on February 7, 2008. Paul A. Gottlieb, Assistant General Counsel for Technology Transfer and Intellectual Property. [FR Doc. E8-3010 Filed 2-15-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Nevada AGENCY: Department of Energy. ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Nevada Test Site. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the **Federal Register** . DATES: Tuesday, March 11, 2008, 6 p.m. ADDRESSES: Beatty Community Center, 100A Avenue S, Beatty, Nevada 89003. FOR FURTHER INFORMATION CONTACT: Rosemary Rehfeldt, Board Administrator, 232 Energy Way, M/S 505, North Las Vegas, Nevada 89030. *Phone:*

(702)657-9088; Fax

(702)295-5300 or *E-mail: ntscab@nv.doe.gov* . SUPPLEMENTARY INFORMATION: *Purpose of the Board:* The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management, and related activities. Tentative Agenda 1. Presentation on the Underground Test Area

(UGTA)Committee's Well Recommendation Reports. 2. Review of CAB's participation in UGTA's Technical Working Group meetings. 3. Review of Nevada Test Site “TRU in Trenches” update. *Public Participation:* The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral presentations pertaining to agenda items should contact Rosemary Rehfeldt at the telephone number listed above. The request must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comment will be provided a maximum of five minutes to present their comments. *Minutes:* Minutes will be available by writing to Rosemary Rehfeldt at the address listed above or at the following Web site: *http://www.ntscab.com/MeetingMinutes.htm.* Issued at Washington, DC on February 13, 2008. Rachel Samuel, Deputy Advisory Committee Management Officer. [FR Doc. E8-3008 Filed 2-15-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Production Engineering and Commercialization of Residential Highly Insulating Windows AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Program Notice. SUMMARY: The National Energy Technology Laboratory, on behalf of the Office of Energy Efficiency and Renewable Energy's Building Technologies Program, intends to issue a Funding Opportunity Announcement

(FOA)to select and fund approximately two teams to develop, manufacturer, and commercialize cost effective, highly insulating windows with an NFRC U-value rating of 0.20 BTU/hr-F t 2 -°F or lower. DATES: This FOA is expected to be issued on or about April 21, 2008. FOR FURTHER INFORMATION CONTACT: Marc LaFrance, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Program Office EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-0121,

(202)586-9142, Email: *Marc.Lafrance@ee.doe.gov* C. Edward Christy, National Energy Technology Laboratory, P.O. Box 880, M/S E-02, Morgantown, WV 26507,

(304)285-4604, E-mail: *Eddie.Christy@netl.doe.gov.* SUPPLEMENTARY INFORMATION: The projects are expected to be for a period of 12 to 24 months and will require a 50-50 industry cost shared effort with the Department of Energy. Awards are expected to be made in FY09 in the October to December 2008 timeframe, with approximately $2,000,000 of government funding over a two year period. Proposing entities should be led by a domestic window, glass, or production equipment manufacturer or component supplier. Partnerships with entities that can offer high volume distribution to facilitate market penetration will be encouraged. The DOE's long term window R&D goals are to develop the next generation of windows that offer dynamic solar control and U values of 0.10 BTU/hr-F t 2 -°F. However, these longer term efforts are not the subject of this financial opportunity. The purpose of this effort is for near term product and production engineering development of highly insulating windows that have U-values of 0.2 BTU/hr-F t 2 -°F or less that can be cost effective in the 2010-2012 timeframe for a broad range of applications in colder climates. FedBizOpps and Grants.gov provide e-mail notification services to interested parties who want to receive information about the posting of an acquisition or financial assistance opportunity. Register for funding opportunity notices at *http://www.grants.gov/search/subscribeAdvanced.do.* Issued in Morgantown, WV, on February 4, 2008. C. Edward Christy, Director, Buildings and Industrial Technologies Division. [FR Doc. E8-3005 Filed 2-15-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC08-521-000; FERC-521] Commission Information Collection Activities, Proposed Collection; Comment Request; Extension February 11, 2008. AGENCY: Federal Energy Regulatory Commission, Department of Energy. ACTION: Notice of proposed information collection and request for comments. SUMMARY: In compliance with the requirements of section 3506(c)(2)(a) of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the Federal Energy Regulatory Commission (Commission) is soliciting public comment on the specific aspects of the information collection described below. DATES: Comments in consideration of the collection of information are due April 15, 2008. ADDRESSES: An example of this collection of information may be obtained from the Commission's Documents & Filing Web site ( *http://www.ferc.gov/docs-filing/elibrary.asp* ) or by contacting the Federal Energy Regulatory Commission, *Attn:* Michael Miller, Office of the Executive Director, ED-34 Rm. 42-39, 888 First Street NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those parties filing electronically do not need to make a paper filing. For paper filing, the original and 14 copies of such comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and refer to Docket No. IC08-521-000. Documents filed electronically via the Internet must be prepared in an acceptable filing format and in compliance with the Federal Energy Regulatory Commission submission guidelines. Complete filing instructions and acceptable filing formats are available at ( *http://www.ferc.gov/help/submission-guide/electronic-media.asp* ). To file the document electronically, access the Commission's Web site and click on Documents & Filing, E-Filing ( *http://www.ferc.gov/docs-filing/efiling.asp* ), and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgement to the sender's e-mail address upon receipt of comments. All comments may be viewed, printed or downloaded remotely via the Internet through FERC's homepage using the “eLibrary” link. For user assistance, contact *fercolinesupport@ferc.gov* or toll-free at

(866)208-3676. Or for TTY, contact

(202)502-8659. FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at

(202)502-8415, by fax at

(202)273-0873, and by e-mail at *michael.miller@ferc.gov* . SUPPLEMENTARY INFORMATION: The information collected under the requirements of FERC-521 “Payments for Benefits from Headwater Benefits” (OMB No. 1902-0087) is used by the Commission to implement the statutory provisions of section 10(f) of the Federal Power Act

(FPA)(16 U.S.C. 803). The FPA authorizes the Commission to determine headwater benefits received by downstream hydropower project owners. Headwater benefits are the additional energy production possible at a downstream hydropower project resulting from the regulation of river flows by an upstream storage reservoir. When the Commission completes a study of a river basin, it determines headwater benefits charges that will be apportioned among the various downstream beneficiaries. A headwater benefits charge, and the cost incurred by the Commission to complete an evaluation are paid by downstream hydropower project owners. In essence, the owners of non-federal hydropower projects that directly benefit from a headwater(s) improvement must pay an equitable portion of the annual charges for interest, maintenance, and depreciation of the headwater project to the U.S. Treasury. The regulations provide for apportionment of these costs between the headwater project and downstream projects based on downstream energy gains and propose equitable apportionment methodology that can be applied to all rivers basins in which headwater improvements are built. The data the Commission requires owners of non-federal hydropower projects to file for determining annual charges is specified in 18 Code of Federal Regulations

(CFR)part 11. *Action:* The Commission is requesting a three-year extension of the current expiration date, with no changes to the existing collection of data. *Burden Statement:* Public reporting burden for this collection is estimated as: Number of respondents annually Number of responses per respondent Average burden hours per response Total annual burden hours

(3)(1)×(2)×(3) 3 1 40 120 Estimated cost burden to respondents is $7,291.00. (120 hours/2080 hours per year times $126,384 per year average per employee = $7,291.00). The cost per respondent is $2,430.00 The reporting burden includes the total time, effort, or financial resources expended to generate, maintain, retain, disclose, or provide the information including:

(1)Reviewing instructions;

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

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

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

(5)searching data sources;

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

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

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

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

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

(4)ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology *e.g.,* permitting electronic submission of responses. Kimberly D. Bose, Secretary. [FR Doc. E8-2991 Filed 2-15-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2334-044] Consolidated Edison Energy Massachusetts, Inc., Consolidated Edison Energy Massachusetts, LLC; Notice of Application for Transfer of License, and Soliciting Comments, Motions To Intervene, and Protests February 8, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Application Type:* Transfer of License. b. *Project No.:* 2334-044. c. *Date Filed:* January 8, 2008. d. *Applicants:* Consolidated Edison Energy Massachusetts, Inc. (transferor) and Consolidated Edison Energy Massachusetts, LLC (Transferee). e. *Name and Location of Project:* Gardners Falls Hydroelectric Project is located on the Deerfield and Monahan Rivers in Franklin County Massachusetts. f. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. g. *Applicant Contacts:* For the transferor: Mr. Andrew Scher, Consolidated Edison Energy Massachusetts, Inc., 4 Irving Place, New York, NY 10003. *For the transferee:* Mr. Andrew Scher, Consolidated Edison Energy Massachusetts, LLC., 4 Irving Place, New York, NY 10003. h. *FERC Contact:* Robert Bell at

(202)502-6062. i. Deadline for filing comments, protests, and motions to intervene: February 25, 2008. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, SE., Washington, DC 20426. 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. Please include the Project Number on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing a document with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the documents on that resource agency. j. *Description of Application:* Applicants seek Commission approval to transfer the license for the Gardners Falls Hydroelectric Project from Consolidated Edison Energy Massachusetts, Inc., to Consolidated Edison Energy Massachusetts, LLC. k. 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 (P-2334) in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov.* For TTY, call

(202)502-8659. A copy is also available for inspection and reproduction at the addresses in item g above. l. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. m. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. n. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and eight copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicants specified in the particular application. o. Agency Comments—Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicants. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicants' representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-2974 Filed 2-15-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 1651-040] Town of Afton, Wyoming, Lower Valley Energy; Notice of Application for Transfer of License, and Soliciting Comments, Motions To Intervene, and Protests February 8, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Application Type:* Transfer of License. b. *Project No.:* 1651-040. c. *Date Filed:* January 7, 2008. d. *Applicants:* Town of Afton, Wyoming (transferor) and Lower Valley Energy (Transferee). e. *Name and Location of Project:* Swift Creek Hydroelectric Project is located on Swift Creek, in Lincoln County, Wyoming, partially within the Bridger-Teton National Forest. f. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a—825r. g. *Applicant Contacts:* For the transferor: Mr. James K. Sanderson, Town Administrator, Town of Afton, Wyoming, P.O. Box 310, Afton, WY 83110-0310. *For the transferee:* Mr. James R. Webb, President, Lower Valley Energy, 236 North Washington, P.O. Box 188, Afton, WY 83110. h. *FERC Contact:* Robert Bell at

(202)502-6062. i. *Deadline for filing comments, protests, and motions to intervene:* March 10, 2008. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. 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. Please include the Project Number on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing a document with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the documents on that resource agency. j. *Description of Application:* Applicants seek Commission approval to transfer the license for the Swift Creek Hydroelectric Project from Town of Afton, Wyoming, to Lower Valley Energy. k. 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 (P-1651) in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov.* For TTY, call

(202)502-8659. A copy is also available for inspection and reproduction at the addresses in item g above. l. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. m. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. n. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and eight copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicants specified in the particular application. o. Agency Comments—Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicants. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicants' representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-2973 Filed 2-15-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-6-000] Midcontinent Express Pipeline, Llc; Notice of Availability of the Draft Environmental Impact Statement for the Midcontinent Express Pipeline Project February 8, 2008. The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared this Draft Environmental Impact Statement

(EIS)for the natural gas pipeline facilities proposed by Midcontinent Express Pipeline Company, LLC

(MEP)under the above-referenced docket. MEP's Midcontinent Express Pipeline Project (Project) would be located in various counties and parishes in Oklahoma, Texas, Louisiana, Mississippi, and Alabama. The Draft EIS was prepared to satisfy the requirements of the National Environmental Policy Act. The FERC staff concludes that the proposed Project, with the appropriate mitigation measures as recommended, would have limited adverse environmental impact. The U.S. Army Corps of Engineers (COE), U.S. Fish and Wildlife Service (FWS), National Park Service (NPS), Natural Resources Conservation Service (NRCS), U.S. Environmental Protection Agency (EPA), Louisiana Department of Environmental Quality (LDEQ), Texas Parks and Wildlife Department (TPWD), and Alabama Department of Conservation and Natural Resources (ADCNR) are cooperating agencies for the development of this EIS. A cooperating agency has jurisdiction by law or special expertise with respect to any environmental impact involved with the proposal and is involved in the NEPA analysis. The general purpose of the proposed Project is to transport up to 1,500,000 dekatherms per day of natural gas from production fields in Texas, Oklahoma, and Arkansas to markets in the eastern region of the United States. The Draft EIS addresses the potential environmental impacts resulting from the construction and operation of the following facilities: • Approximately 504.3 miles of new 30-, 36-, and 42-inch-diameter interstate natural gas pipeline extending from Bryan County, Oklahoma, to a terminus in Choctaw County, Alabama; • An approximately 4.1-mile-long, 16-inch-diameter lateral pipeline in Richland and Madison Parishes, Louisiana; • A total of approximately 111,720 horsepower

(hp)of compression at one booster and four new mainline compressor stations; • 13 new metering and regulating (M/R) stations; and • Other appurtenant ancillary facilities including, mainline valves (MLV), pig 1 launcher and receiver facilities. 1 A “pig” is a mechanical device used to clean or inspect the pipeline. Dependent upon Commission approval, MEP proposes to complete construction and begin operating the proposed Project in February 2009. The Draft EIS has been placed in the public files of the FERC and is available for public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street, NE., Room 2A, Washington, DC 20426,

(202)502-8371. A limited number of copies of the Draft EIS are available from the Public Reference Room identified above. In addition, CD-ROM copies of the Draft EIS have been mailed to affected landowners; various federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; local libraries and newspapers; intervenors; and other individuals that expressed an interest in the proposed Project. Hard-copies of the Draft EIS have also been mailed to those who requested that format during the scoping and comment periods for the proposed Project. Comment Procedures and Public Meetings Any person wishing to comment on the Draft EIS may do so. To ensure consideration prior to a Commission decision on the proposal, it is important that the Commission receives your comments before the date specified below. Please carefully follow these instructions to ensure that your comments are received and properly recorded. • Send an Original and two copies of your comments to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Room 1A, Washington, DC 20002. • Reference Docket No. CP08-6-000. • Label one copy of the comments for the attention of Gas Branch 3. • Mail your comments so that they will be received in Washington, DC on or before March 31, 2008 The Commission strongly encourages electronic filing of any comments, interventions or protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link and the link to the User's guide. Before you can file comments you will need to create a free account, which can be created 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.” In lieu of or in addition to sending written comments, you are invited to attend public comment meetings the FERC will conduct in the project area to receive comments on the Draft EIS. All meetings will begin at 7 p.m. (CDT), and are scheduled as follows. Date Location Tuesday, March 25, 2008 Quitman Depot, Main Street and Railroad Avenue, Quitman, MS 39355,

(601)776-3728. Tuesday, March 25, 2008 Minden Civic Center, 520 Broadway Street, Minden, LA 71055,

(318)377-2144. Wednesday, March 26, 2008 Eudora Welty Library, 300 North State Street, Jackson, MS 39201,

(601)968-5811. Wednesday, March 26, 2008 Northeast Texas Community College, 1735 Chapel Hill Road, Mt. Pleasant, TX 75455,

(800)870-0142. Thursday, March 27, 2008 Delhi Civic Center, 232 Denver Street, Delhi, LA 71232,

(318)878-3792. Thursday, March 27, 2008 Love Civic Center (North Hall), 2025 South Collegiate Drive, Paris, TX 75460,

(903)739-9912. Interested groups and individuals are encouraged to attend and present oral comments on the Draft EIS. Transcripts of the meetings will be prepared and placed in the public file. After the comments are reviewed, and significant new issues are investigated, and modifications are made to the Draft EIS, a Final EIS will be published and distributed by the FERC staff. The Final EIS will contain the staff's responses to timely comments received on the Draft EIS. Comments will be considered by the Commission but will not serve to make the commentor a party to the proceeding. Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214). Only intervenors have the right to seek rehearing of the Commission's decision. Anyone may intervene in this proceeding based on this Draft EIS. You must file your request to intervene as specified above. 2 You do not need intervenor status to have your comments considered. 2 Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion on filing comments electronically. The Draft EIS has been placed in the public files of the FERC and is available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street, NE., Room 2A, Washington, DC 20426,

(202)208-1371. CD-ROM copies of the EIS have been mailed to Federal, state and local agencies; public interest groups; individuals and affected landowners who requested a copy of the Draft EIS or provided comments during scoping; libraries and newspapers in the Project area; and parties to this proceeding. Hard copy versions of the Draft EIS were mailed to those specifically requesting them. A limited number of hard copies and CD-ROMs are available from the Public Reference Room identified above. 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” and enter the project docket number excluding the last three digits ( *i.e.* , CP08-6) 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 TTY

(202)502-8659. 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 FERC now offers a free service called eSubscription that 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. To register for this service, go to *http://www.ferc.gov/esubscribenow.htm* . Kimberly D. Bose, Secretary. [FR Doc. E8-2969 Filed 2-15-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings February 12, 2008. Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: *Docket Numbers:* RP07-672-001. *Applicants:* Eastern Shore Natural Gas Company. *Description:* Eastern Shore Natural Gas Co submits Substitute Nineteenth Revised Sheet 4 *et al* to FERC Gas Tariff, Second Revised Volume 1, to be effective 10/1/07. *Filed Date:* 02/07/2008. *Accession Number:* 20080212-0051. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 19, 2008. *Docket Numbers:* RP08-131-002. *Applicants:* Eastern Shore Natural Gas Company. *Description:* Eastern Shore Natural Gas Co submits Substitute Twentieth Revised Sheet 4 *et al* to FERC Gas Tariff, Second Revised Volume 1, to be effective 1/18/08. *Filed Date:* 02/08/2008. *Accession Number:* 20080212-0050. *Comment Date:* 5 p.m. Eastern Time on Wednesday, February 20, 2008. *Docket Numbers:* RP08-178-001. *Applicants:* Southern Natural Gas Company. *Description:* Southern Natural Gas Company Exhibits 1-7 Supplement to Jan. 31, 2008 Maintenance Capital Surcharge Filing. *Filed Date:* 02/01/2008. *Accession Number:* 20080201-4012. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 19, 2008. *Docket Numbers:* RP08-189-000. *Applicants:* Questar Overthrust Pipeline Company. *Description:* Questar Overthrust Pipeline Company submits 1st Revised, Second Revised Sheet 4 to FERC Gas Tariff, Second Revised Volume 1-A, to be effective 12/15/07. *Filed Date:* 02/06/2008. *Accession Number:* 20080208-0169. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 19, 2008. *Docket Numbers:* RP08-192-000. *Applicants:* Texas Eastern Transmission LP. *Description:* Texas Eastern Transmission, LP submits Fifth Revised Sheet 543A to FERC Gas Tariff, Seventh Revised Volume 1, to be effective 3/10/08. *Filed Date:* 02/08/2008. *Accession Number:* 20080211-0006. *Comment Date:* 5 p.m. Eastern Time on Wednesday, February 20, 2008. *Docket Numbers:* RP08-194-000. *Applicants:* Ozark Gas Transmission, L.L.C. *Description:* Ozark Gas Transmission LLC submits Second Revised Sheet 69 *et al* to FERC Gas Tariff, Original Volume 1, to become effective 4/1/08. *Filed Date:* 02/11/2008. *Accession Number:* 20080212-0071. *Comment Date:* 5 p.m. Eastern Time on Monday, February 25, 2008. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov* . To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* . or call

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

(202)502-8659. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E8-3002 Filed 2-15-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER03-1207-006] Covanta Delano, Inc.; Notice of Filing February 8, 2008. Take notice that on February 6, 2008, Covanta Delano, Inc. filed a revised market-based rate tariff to reflect a name change pursuant to Order No. 697. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

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

(202)502-8659. Comment Date: 5 p.m. Eastern Time on February 15, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-2971 Filed 2-15-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2079-061] Placer County Water Agency; Notice of Intent To File License Application, Filing of Pre-Application Document, Commencement of Licensing Proceeding, Scoping, Solicitation of Comments on the Pad and Scoping Document, and Identification Issues and Associated Study Requests February 11, 2008. a. *Type of Filing:* Notice of Intent to File License Application for a New License and Commencing Licensing Proceeding. b. *Project No.:* 2079-061. c. *Dated Filed:* December 13, 2007. d. *Submitted By:* Placer County Water Agency. e. *Name of Project:* Middle Fork American River Project. f. *Location:* The Middle Fork American River Project is located in Placer and El Dorado counties, almost entirely within the Tahoe and El Dorado National Forests. The project occupies 3811 acres of United States lands under the jurisdiction of the Forest Service. g. *Filed Pursuant to:* 18 CFR Part 5 of the Commission's Regulations. h. *Applicant Contact:* David A. Breninger, General Manager, Placer County Water Agency, P.O. Box 6570, Auburn, CA 95604. i. *FERC Contact:* Jim Fargo at 202-502-6095 or e-mail *james.fargo@ferc.gov* . j. We are asking Federal, State, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing comments described in paragraph o below. Cooperating agencies should note the Commission's policy that agencies that cooperate in the preparation of the environmental document cannot also intervene. *See* , 94 FERC 61,076 (2001). k. *With this notice, we are initiating informal consultation with:*

(a)The U.S. Fish and Wildlife Service and/or NOAA Fisheries under section 7 of the Endangered Species Act and the joint agency regulations thereunder at 50 CFR Part 402 and

(b)the State Historic Preservation Officer, as required by section 106, National Historical Preservation Act, and the implementing regulations of the Advisory Council on Historic Preservation at 36 CFR 800.2. l. With this notice, we are designating Placer County Water Agency as the Commission's non-federal representative for carrying out informal consultation, pursuant to section 7 of the Endangered Species Act and section 106 of the National Historic Preservation Act. m. Placer County Water Agency filed a Pre-Application Document (PAD; including a proposed process plan and schedule) with the Commission, pursuant to 18 CFR 5.6 of the Commission's regulations. n. A copy of the PAD is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site ( *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, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, of for TTY,

(202)502-8659. A copy is also available for inspection and reproduction at the address in paragraph h. Register online at *http://ferc.gov/esubscribenow.htm* to be notified via e-mail of new filing and issuances related to this or other pending projects. For assistance, contact FERC Online Support. o. With this notice, we are soliciting comments on the PAD and Scoping Document 1 (SD1), as well as study requests. All comments on the PAD and SD1, and study requests should be sent to the address above in paragraph h. In addition, all comments on the PAD and SD1, study requests, requests for cooperating agency status, and all communications to and from Commission staff related to the merits of the potential application (original and eight copies) must be filed with the Commission at the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. All filings with the Commission must include on the first page, the project name (Middle Fork American River Project) and number (P-2079-061), and bear the heading “Comments on Pre-Application Document,” “Study Requests,” “Comments on Scoping Document 1,” “Request for Cooperating Agency Status,” or “Communications to and from Commission Staff.” Any individual or entity interested in submitting study requests, commenting on the PAD or SD1, and any agency requesting cooperating status must do so by April 11, 2008. Comments on the PAD and SD1, study requests, requests for cooperating agency status, and other permissible forms of communications with the Commission may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-filing” link. p. Our intent is to prepare an Environmental Impact Statement

(EIS)for which the planned meetings will satisfy the NEPA scoping requirements. Scoping Meetings Commission staff will hold two scoping meetings in the vicinity of the project at the time and place noted below. The daytime meeting will focus on resource agency, Indian tribes, and non-governmental organization concerns, while the evening meeting is primarily for receiving input from the public. We invite all interested individuals, organizations, and agencies to attend one or both of the meetings, and to assist staff in identifying particular study needs, as well as the scope of environmental issues to be addressed in the environmental document. The times and locations of these meetings are as follows: Daytime Scoping Meeting *Date and Time:* Tuesday, March 4, 2008, 9 a.m. *Location:* Auburn Recreation District-Canyon View Community Center. Evening Scoping Meeting *Date and Time:* Tuesday, March 4, 2008, 6:30 p.m. *Location:* Auburn Recreation District-Canyon View Community Center. Scoping Document 1 (SD1), which outlines the subject areas to be addressed in the environmental document, was mailed to the individuals and entities on the Commission's mailing list. Copies of SD1 will be available at the scoping meetings, or may be viewed on the web at *http://www.ferc.gov,* using the “eLibrary” link. Follow the directions for accessing information in paragraph n. Based on all oral and written comments, a Scoping Document 2

(SD2)may be issued. SD2 may include a revised process plan and schedule, as well as a list of issues, identified through the scoping process. Site Visit Typically, a site visit is held together with the scoping meeting. However, because most of the project sites will not be accessible in March, the licensees and Commission staff will visit the project sites on Wednesday, June 25, 2008, starting at 8 AM. All participants should meet at Auburn Recreation District Canyon View Community Center, located at 471 Maidu Drive, Auburn, California. Placer County Water Agency will provide transportation for participants. Anyone interested in attending the site visit should contact Mr. Mal Toy of Placer County Water Agency at

(530)823-4889 by June 11, 2008. Meeting Objectives At the scoping meetings, staff will:

(1)Initiate scoping of the issues;

(2)review and discuss existing conditions and resource management objectives;

(3)review and discuss existing information and identify preliminary information and study needs;

(4)review and discuss the process plan and schedule for pre-filing activity that incorporates the time frames provided for in Part 5 of the Commission's regulations and, to the extent possible, maximizes coordination of federal, state, and tribal permitting and certification processes; and

(5)discuss the appropriateness of any federal or state agency or Indian tribe acting as a cooperating agency for development of an environmental document. Meeting participants should come prepared to discuss their issues and/or concerns. Please review the PAD in preparation for the scoping meetings. Directions on how to obtain a copy of the PAD and SD1 are included in item n. of this document. Meeting Procedures The meetings will be recorded by a stenographer and will become part of the formal record of the Commission proceeding on the project. Kimberly D. Bose, Secretary. [FR Doc. E8-2989 Filed 2-15-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RC08-4-000] New Harquahala Generating Company, LLC; Notice of Filing February 8, 2008. Take notice that on February 4, 2008, New Harquahala Generating Company, LLC (Harquahala) submitted a request for appeal of a NERC decision regarding Harquahala's registration as a Transmission Owner and Transmission Operator in the NERC Compliance Registry. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

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

(202)502-8659. Comment Date: 5 p.m. Eastern Time on March 5, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-2968 Filed 2-15-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-499-000] Pacific Gas and Electric Company; Notice of Filing February 8, 2008. Take notice that on January 31, 2008, Pacific Gas and Electric Company (PG&E) and Sierra Pacific Power Company tendered for filing a replacement Interconnection Agreement between both parties and a Notice of Termination of PG&E First Revised Rate Schedule No. 72, the existing Interconnection Agreement. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

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

(202)502-8659. *Comment Date:* 5 pm Eastern Time on February 21, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-2972 Filed 2-15-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-66-000] Petal Gas Storage, L.L.C.; Notice of Application February 11, 2008. Take notice that on January 31, 2008, Petal Gas Storage, L.L.C. (Petal), 1100 Louisiana Street, Houston, Texas, 77002, filed with the Federal Energy Regulatory Commission an abbreviated application pursuant to section 7(c) of the Natural Gas Act (NGA), as amended, and Part 157 of the Commission's regulations for authorization to construct and operate an expansion to the existing Compressor Station No. 3 and two new solution-mined salt dome natural gas caverns and related facilities referred to as the Petal No. 3 Compressor Station Expansion and New Caverns Project. Petal's proposal would involve the construction and operation of:

(1)Two new caverns identified as Cavern Nos. 1 and 2;

(2)three new compressor units, totaling 15,000 hp at the existing Petal No. 3 Compressor Station;

(3)an additional compressor station control room and related facilities,

(4)approximately 2,535 feet of 16-inch-diameter natural gas connecting pipeline; and

(5)associated 24-inch-diameter fresh water and brine disposal pipelines, the length of which have not yet been determined. The project would increase the overall capacity of Petal's storage operations by 19.40 Bcf of natural gas, 10 Bcf of which would be working gas. All of the proposed facilities would be located at the existing Petal storage operations in Forrest County, Mississippi and are fully set forth in the application which is on file with the Commission and open to public inspection. The filing 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 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 should be directed to Richard Porter, Petal Gas Storage, L.L.C, 1100 Louisiana Street, Houston, Texas, 77002, (telephone)

(713)381-2526,

(713)803-2534, *rporter@eprod.com* . Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment

(EA)and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement

(FEIS)or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. The Commission strongly encourages electronic filings of comments, protests, and interventions via the internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. *Comment Date:* March 3, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-2990 Filed 2-15-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. AC08-31-000] Pinnacle West Capital Corporation; Notice of Filing February 8, 2008. Take notice that on February 4, 2008, Pinnacle West Capital Corporation submitted a request for waiver of the FERC Form No. 1 filing requirements for the 2007 reporting year under section 141.1 of the Commission's regulations. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

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

(202)502-8659. *Comment Date:* March 10, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-2975 Filed 2-15-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-64-000] Northwest Pipeline GP; Notice of Request Under Blanket Authorization February 8, 2008. Take notice that on January 25, 2008, Northwest Pipeline GP (Northwest), P.O. Box 58900, Salt Lake City, Utah 84158-0900, filed in Docket No. CP08-64-000, an application pursuant to Sections 157.205 and 157.210 of the Commission's Regulations under the Natural Gas Act

(NGA)as amended, to expand the secondary function of two existing portable compressor units at its Kemmerer compressor station in Lincoln County, Wyoming, under Northwest's blanket certificate issued in Docket No. CP82-433-000, 1 all as more fully set forth in the application which is on file with the Commission and open to the public for inspection. 1 20 FERC ¶ 62,412 (1982). Northwest proposes to use the two portable Solar Centaur turbine-driven centrifugal compressor units (each rated ISO-rated at 4,700 horsepower) on a temporary, as needed basis, to temporarily provide increased throughput, provided the compressor units are not needed for their primary purpose of replacing unavailable permanent compression elsewhere on Northwest's transmission system. Northwest would use any increased throughput to reduce capacity constraints that may be experienced by its existing customers. Northwest states that the design throughput capabilities at the Kemmerer compressor station would not change. Northwest further states that no additional capital cost expenditures would be needed in this proposal, because Northwest already owns the portable compressor units and the auxiliary infrastructure necessary to accommodate the two compressor units already exists at the Kemmerer compressor station. Northwest states that it anticipates any subsequent costs for disconnecting, moving, and reconnecting the portable compressor units, as necessary, would be relatively minimal and expensed. Any questions concerning this application may be directed to Lynn Dahlberg, Manager, Certificates and Tariffs, P.O. Box 58900, Salt Lake City, Utah 84158-0900, or telephone

(801)584-6851, facsimile

(801)584-7764, or e-mail *Idahlber@williams.com* . This filing is available for review at the Commission or may be viewed on the Commission's Web site at *http://www.ferc.gov* , using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number filed to access the document. For assistance, please contact FERC Online Support at FERC *OnlineSupport@ferc.gov* or call toll-free at (866)206-3676, or, for TTY, contact (202)502-8659. 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 intervenors to file electronically. Any person or the Commission's staff may, within 60 days after issuance of the instant notice by the Commission, file pursuant to Rule 214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to intervene or notice of intervention and pursuant to Section 157.205 of the regulations under the NGA (18 CFR 157.205), a protest to the request. If no protest is filed within the time allowed therefore, the proposed activity shall be deemed to be authorized effective the day after the time allowed for filing a protest. If a protest is filed and not withdrawn within 30 days after the allowed time for filing a protest, the instant request shall be treated as an application for authorization pursuant to section 7 of the NGA. Kimberly D. Bose, Secretary. [FR Doc. E8-2970 Filed 2-15-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. P-11841-002] Ketchikan Public Utilities; Notice of Settlement Agreement and Soliciting Comments February 11, 2008. Take notice that the following settlement agreement has been filed with the Commission and is available for public inspection. a. *Type of Application:* Settlement Agreement. b. *Project No.:* P-11841-002. c. *Date Filed:* February 8, 2008. d. *Applicant:* Ketchikan Public Utilities. e. *Name of Project:* Whitman Lake Hydroelectric Project. f. *Location:* The project would be located on Whitman Creek, approximately 4 miles east of the City of Ketchikan, Alaska. The project would occupy 155.8 acres of lands of the United States, 155 acres administered by the U.S. Department of Agriculture, Forest Service and 0.8 acres administered by the U.S. Bureau of Land Management. g. *Filed Pursuant to:* Rule 602 of the Commission's Rules of Practice and Procedure, 18 CFR 385.602. h. *Applicant Contact:* Ms. Jennifer Soderstrom, Ketchikan Public Utilities, 2930 Tongass Avenue, Ketchikan, AK 99901,

(907)228-4733. i. *FERC Contact:* Kenneth Hogan at

(202)502-8434, or *Kenneth.Hogan@ferc.gov* . j. *Deadline for filing comments:* 20 days from the date of this notice. Reply comments are due 30 days from the date of this notice. k. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Comments may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. l. Ketchikan Public Utilities

(KPU)filed the Settlement Agreement on behalf of itself and the other signatories to the Settlement Agreement (The Alaska Department of Fish and Game, Alaska Department of Natural Resources, and Southern Southeast Region Aquaculture Association). The purpose of the Settlement Agreement was to permit and enhance the multiple uses of the water of Whitman Lake in a manner that promotes the public interest consistent with the economic viability of the power operations, the water supply features, the feasibility of the fish hatchery operations, and all commitments in existing contracts. The signatories, through KPU, request that the Commission consider the protection, mitigation, and enhancement measures outlined in the Settlement Agreement in the Final Environmental Assessment for the proposed project and that the Commission includes them in any license issued for the proposed Whitman Lake Hydroelectric Project. m. A copy of the settlement agreement is available for review at the Commission on 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 (P-11841) in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. Kimberly D. Bose, Secretary. [FR Doc. E8-2992 Filed 2-15-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-65-000] Tennessee Gas Pipeline Company; Notice of Application February 11, 2008. Take notice that on January 30, 2008, Tennessee Gas Pipeline Company (Tennessee), 1001 Louisiana, Houston, Texas 77002, filed in Docket No. CP08-65-000, an application, pursuant to section 7 of the Natural Gas Act (NGA), for an order authorizing Tennessee to construct and operate the Concord Lateral Expansion Project (Project). Tennessee plans to construct a 6,130 horsepower compressor station on its Line 200 system in Pelham, New Hampshire, and modify station piping at its existing Laconia Meter Station in Concord, New Hampshire, in order to provide 30,000 Dth/d of incremental transportation capacity to Energy North Natural Gas, Inc., d/b/a/ KeySpan Energy Delivery New England (Energy North), a New Hampshire corporation, all as more fully set forth in the application which is on file with the Commission and open to public inspection. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

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

(202)502-8659. Any questions regarding this application should be directed to Jay V. Allen, Senior Counsel, El Paso Corporation, 1001 Louisiana, Houston Texas 77002, at

(713)420-5589. Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment

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

(202)502-8659. *Comment Date:* March 3, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-2993 Filed 2-15-08; 8:45 am] BILLING CODE 6717-01-P EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Sunshine Act Notice Agency Holding the Meeting: Equal Employment Opportunity Commission. “Federal Register” Citation of Previous Announcement: 73 FR 8667, Thursday, February 14, 2008. Previously Announced Time and Date of Meeting: Tuesday, February 19, 2008, 10:30 a.m. Eastern Time. Change in the Meeting: Open Session: Add Item: FY 2008 State & Local Budget Allocations and Designation of Two New Fair Employment Practice Agencies. Contact Person for More Information: Stephen Llewellyn, Executive Officer, on

(202)663-4070. Dated: February 14, 2008. Stephen Llewellyn, Executive Officer, Executive Secretariat. [FR Doc. 08-765 Filed 2-14-08; 1:26 pm]

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