Notices. Proposed Additions to and Deletion from the Procurement List
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BILLING CODE 3410-16-M COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List: Proposed Additions and Deletion ACTION: Proposed Additions to and Deletion from the Procurement List. SUMMARY: The Committee is proposing to add to the Procurement List a product and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and to delete a service previously furnished by such agencies. *Comments Must Be Received On or Before:* March 23, 2008.
ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259. *For Further Information or to Submit Comments Contact:* Kimberly M. Zeich, Telephone:
(703)603-7740, Fax:
(703)603-0655, or e-mail *CMTEFedReg@jwod.gov.* SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C. 47(a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. Additions If the Committee approves the proposed additions, the entities of the Federal Government identified in this notice for each product or service will be required to procure the services listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the product and services to the Government. 2. If approved, the action will result in authorizing small entities to furnish the product and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the product and services proposed for addition to the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification The following product and services are proposed for addition to the Procurement List for production by the nonprofit agencies listed: Product Tray, Mess Compartmented NSN: 7350-01-012-8787. Coverage: B-List for the broad Government requirement as specified by the General Services Administration. NPA: The Light House for the Blind in New Orleans, New Orleans, LA. Contracting Activity: General Services Administration, Southwest Supply Center, Fort Worth, TX. Services Service Type/Location(s): Administrative & Mailroom Support Services, U.S. Department of Housing and Urban Development (5 Locations): Fort Worth Regional Office, 801 Cherry Street, Room 2500, Fort Worth, TX. Lubbock Office, 1205 Texas Avenue, Suite 511, Lubbock, TX. Memphis Field Office, 200 Jefferson Avenue, Suite 300, Memphis, TN. San Antonio Field Office, One Alameda Center, 106 S. St. Mary's Street, Suite 405, San Antonio, TX. Shreveport Field Office, 401 Edwards Street, Suite 1510, Shreveport, LA. NPA: Nobis Enterprises, Inc., Marietta, GA. Contracting Activity: U.S. Department of Housing and Urban Development, Office of Field Administrative Resources (OFAR), Atlanta, GA. Service Type/Location: Base Supply Center, Naval Station Newport, Newport, RI NPA: Central Association for the Blind and Visually Impaired, Utica, NY. Contracting Activity: Fleet and Industrial Supply Center (FISC), Norfolk Contracting Department, Groton, CT. Service Type/Location: Custodial Services, U.S. Army Corps of Engineers, Lake Michigan Area Office, 307 South Harbor Street, Grand Haven, MI. NPA: Goodwill Industries of West Michigan, Inc., Muskegon, MI. Contracting Activity: U.S. Army Corps of Engineers—Detroit, Detroit, MI. Deletion Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action should not result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. If approved, the action may result in authorizing small entities to furnish the service to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the service proposed for deletion from the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification The following service is proposed for deletion from the Procurement List: Service Service Type/Location: Janitorial/Custodial, Fort Bliss Exchange, Main Store—Building 1735, Fort Bliss, TX. NPA: Goodwill Industries of El Paso, El Paso, TX. Contracting Activity: Departments of Army and Air Force—Dallas, Dallas, TX. Kimberly M. Zeich, Director, Program Operations. [FR Doc. E8-3328 Filed 2-21-08; 8:45 am] BILLING CODE 6353-01-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List: Additions and Deletions AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Additions to and Deletions from the Procurement List. SUMMARY: This action adds to the Procurement List a product and service to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes from the Procurement List a product and service previously furnished by such agencies. EFFECTIVE DATE: March 23, 2008. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259. FOR FURTHER INFORMATION CONTACT: Kimberly M. Zeich, Telephone:
(703)603-7740, Fax:
(703)603-0655, or e-mail *CMTEFedReg@jwod.gov.* SUPPLEMENTARY INFORMATION: Additions On December 7 and December 21, 2007, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (72 FR 69181; 72666) of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the product and service and impact of the additions on the current or most recent contractors, the Committee has determined that the product and service listed below are suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the product and service to the Government. 2. The action will result in authorizing small entities to furnish the product and service to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the product and service proposed for addition to the Procurement List. End of Certification Accordingly, the following product and service are added to the Procurement List: Product Pallet, Demo Sideboard *NSN:* 3990CAAA9243—30″ x 44″ *Coverage:* C-List for the requirements of the Crane Army Ammunition Activity, Crane, IN NPA: Bona Vista Programs, Inc., Kokomo, IN Contracting Activity: U.S. Department of the Defense, Crane Army Ammunition Activity, Crane, IN Service *Service Type/Location:* Supply Store Operation U.S. Nuclear Regulatory Commission, Rockville, MD *NPA:* Blind Industries & Services of Maryland, Baltimore, MD *Contracting Activity:* U.S. Nuclear Regulatory Commission, Washington, DC Comments were received from a reseller of office products in the Washington, DC area. The commenter objected to the opening of the supply store because existing supply stores operated under the AbilityOne (formerly JWOD) Program at other Federal agencies or installations have already reduced commercial resellers' ability to compete for the Government's business. The commenter said that announcements and guidance issued by Federal agencies or installations with such stores often emphasize that the use of AbilityOne products is mandatory, which leaves an impression that use of the store is mandatory or that failure to use the store may result in loss of purchasing authority. The commenter said that the opening of the AbilityOne store at the Nuclear Regulatory Commission
(NRC)will eliminate its opportunity to do business with the agency. The commenter also said that the AbilityOne Program's past addition of products to its Procurement List has resulted in a significant cumulative loss of sales for his company. The Committee, in accordance with its regulations, considers impact on a situation-specific basis, looking at whether the action currently proposed would result in a severe adverse impact on the current or most recent contractor. The Committee found that there was no current contractor for the operation of a supply store on the NRC campus, and that none of the primary office supply resellers already doing business with the NRC were providing walk-in store service. The Committee's addition of the NRC's requirement for operation of a supply store to its Procurement List, on its own, does not make the customers' use of the supply store mandatory, nor does it preclude the NRC's continued purchases from online retailers in accordance with the agency's own procurement rules. The Committee defers purchasing guidance for NRC employees to the NRC officials involved. Regarding past Procurement List additions affecting the commenter, the Committee's records show that each action was taken into consideration by the Committee in accordance with its suitability criteria and was deemed not to constitute a severe adverse impact on the current contractor. Deletions On December 14 and December 21, 2007, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (72 FR 71114; 72667) of proposed deletions to the Procurement List. After consideration of the relevant matter presented, the Committee has determined that the product and service listed below are no longer suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action should not result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. The action may result in authorizing small entities to furnish the product and service to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the product and service deleted from the Procurement List. End of Certification Accordingly, the following product and service are deleted from the Procurement List: Product Paper, Kraft Wrapping NSN: 8135-00-160-7758 NSN: 8135-00-160-7772 NSN: 8135-00-160-7778 NSN: 8135-00-286-7317 NSN: 8135-00-290-3407 NPA: Cincinnati Association for the Blind, Cincinnati, OH *Contracting Activity:* General Services Administration, Office Supplies & Paper Products Acquisition Ctr, New York, NY Service *Service Type/Location:* Microfilming U.S. Bureau of the Census, Washington, DC *NPA:* Business Technology Career Opportunities (BTCO), Wichita, KS *Contracting Activity:* U.S. Bureau of the Census, Washington, DC Kimberly M. Zeich, Director, Program Operations. [FR Doc. E8-3329 Filed 2-21-08; 8:45 am] BILLING CODE 6353-01-P DEPARTMENT OF COMMERCE International Trade Administration Exemption of Foreign Air Carriers From Customs Duties and Excise Taxes; Review of Findings of Reciprocity Eligibility AGENCY: International Trade Administration, U.S. Department of Commerce. ACTION: Solicitation of public comments concerning a review undertaken at the request of the U.S. Internal Revenue Service of existing exemptions for aircraft of foreign registry from certain customs duties and internal revenue taxes on the purchase of supplies in the United States for such aircraft in connection with their international commercial operations. SUMMARY: Notice is hereby given that, pursuant to sections 1309 and 1317 of the Tariff Act of 1930, as amended (19 U.S.C. 1309 and 1317), and section 4221 of the Internal Revenue Code, as amended (26 U.S.C. 4221), the Department of Commerce is undertaking to determine whether the governments of the countries listed herein allow or will allow substantially reciprocal customs duties and tax exemptions to aircraft of U.S. registry in connection with international commercial operations similar to those exemptions currently granted to or available to aircraft of those countries by the United States under the aforementioned statutes. The basis for this undertaking is the implementation of certain provisions of the Air Transport Agreement between the United States and the European Community and its Member States, signed in Washington, DC, on April 30, 2007. The Department of Commerce finding would be effective as of March 30, 2008. The above-cited statutes provide exemptions for aircraft of foreign registry from payment of certain customs duties and internal revenue taxes on supplies purchased, imported or stored in the United States for such aircraft in connection with their international commercial operations. These exemptions apply upon a finding by the Secretary of Commerce, or his designee, and communicated to the Department of the Treasury, that such country allows, or will allow, “substantially reciprocal privileges” to aircraft of U.S. registry with respect to purchases of such supplies in that country. The Department of Commerce proposes that aircraft registered in the following countries be provided exemptions as allowed by sections 1309 and 1317 of the Tariff Act of 1930, as amended (19 U.S.C. 1309 and 1317), and section 4221 of the Internal Revenue Code, as amended (26 U.S.C. 4221). Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Federal Republic of Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, United Kingdom. Interested parties are invited to submit their views, comments and supporting documentation in writing, concerning this matter to Ms. Ana Guevara, Deputy Assistant Secretary for Services, Room 1128, U.S. Department of Commerce, Washington, DC 20230. Submissions should be sent electronically to *OSImail@ita.doc.gov.* All submissions should be received no later than thirty days from the date of publication of this notice. Comments received, with the exception of information marked “business confidential,” will be available for public inspection upon request. Information marked “business confidential” shall be protected from disclosure to the full extent permitted by law. It is suggested that those desiring additional information contact Mr. Eugene Alford, Office of Service Industries, Room 1104, U.S. Department of Commerce, Washington, DC 20230, or telephone 202-482-5071. Dated: February 15, 2008. Carlos Montoulieu, Acting Deputy Assistant Secretary for Services. [FR Doc. E8-3306 Filed 2-21-08; 8:45 am] BILLING CODE 3510-DR-P DEPARTMENT OF COMMERCE International Trade Administration [A-533-824] Certain Polyethylene Terephthalate Film, Sheet, and Strip from India: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, U.S. Department of Commerce EFFECTIVE DATE: February 22, 2008. FOR FURTHER INFORMATION CONTACT: Martha Douthit, Office of AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone:
(202)482-5050. SUPPLEMENTARY INFORMATION: Background On August 24, 2007, in response to timely requests from Jindal Poly Films Limited, Ltd. (Jindal) and MTZ Polyfilms, Ltd.
(MTZ)of India, the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on polyethylene terephthalate film sheet and strip (PET film) from India for the period July 1, 2006 through June 30, 2007. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 72 FR 48613 (August 24, 2007). This administrative review covers one producer (Jindal) of the subject merchandise. On October 30, 2007, we rescinded the review of MTZ as a result of the withdrawal of its request for review. The preliminary results are currently due no later than April 1, 2008. Extension of Time Limits for Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), and section 351.213(h)(1) of the Department's regulations require the Department to issue the preliminary results of a review within 245 days after the last day of the anniversary month of the order for which the administrative review was requested, and final results of the review within 120 days after the date on which the notice of the preliminary results is published in the **Federal Register** . However, if the Department determines that it is not practicable to complete the review within the aforementioned specified time limits, section 751(a)(3)(A) of the Act and section 351.213(h)(2) of the Department's regulations allow the Department to extend the 245-day period to 365 days. We determine that it is not practicable to complete the preliminary results of this review within the original time limit because of the need to issue a supplemental questionnaire and analyze the response. Therefore, we are fully extending the deadline for completion of the preliminary results of this administrative review until no later than July 30, 2008. The deadline for the final results of the review continues to be 120 days after the publication of the preliminary results. This notice is issued and published pursuant to sections 751(a)(1) and 777(i)(1) of the Act. Dated: February 13, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-3360 Filed 2-21-08; 8:45 am] BILLING CODE 3510-DR-S DEPARTMENT OF COMMERCE International Trade Administration [C-533-825] Polyethylene Terephthalate
(PET)Film, Sheet, and Strip from India: Extension of Time Limit for Preliminary Results of Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, U.S. Department of Commerce EFFECTIVE DATE: February 22, 2008. FOR FURTHER INFORMATION CONTACT: Elfi Blum-Page, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone:
(202)482-0197. SUPPLEMENTARY INFORMATION: Background On August 24, 2007, in response to timely requests from MTZ Polyfilms, Ltd.
(MTZ)and Jindal Poly Films Limited of India (Jindal), the Department of Commerce (the Department) initiated an administrative review of the countervailing duty order on polyethylene terephthalate
(PET)film, sheet, and strip from India. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part* , 72 FR 48613 (August 24, 2007). This administrative review covers the period January 1, 2006 through December 31, 2006. The preliminary results of review are currently due no later than April 1, 2008. Extension of Time Limits for Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act) and section 351.213(h)(1) of the Department's regulations require the Department to issue the preliminary results of a review within 245 days after the last day of the anniversary month of the order for which the administrative review was requested, and final results of the review within 120 days after the date on which the notice of the preliminary results is published in the **Federal Register** . However, if the Department determines that it is not practicable to complete the review within the aforementioned specified time limits, section 751(a)(3)(A) of the Act and section 351.213(h)(2) of the Department's regulations allow the Department to extend the 245-day period to 365 days and to extend the 120-day period to 180 days. We determine that it is not practicable to complete the preliminary results of this review within the original time limit. Due to the large number of programs under review, the Department needs additional time to analyze the questionnaire responses and issue appropriate supplemental questionnaires. Therefore, the Department is extending the deadline for completion of the preliminary results of this administrative review of the countervailing duty order on PET film from India by 120 days from April 1, 2008 until no later than July 30, 2008. This notice is issued and published pursuant to sections 751(a)(3)(A) and 777(i)(1) of the Act. Dated: February 13, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-3391 Filed 2-21-08; 8:45 am] BILLING CODE 3510-DR-S DEPARTMENT OF COMMERCE International Trade Administration [A-475-818] Certain Pasta From Italy: Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review and Intent To Reinstate the Antidumping Duty Order AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an antidumping changed circumstances review with respect to Pasta Lensi S.r.l. (Lensi), a producer/exporter of pasta from Italy, and American Italian Pasta Company (AIPC), Lensi's corporate parent and importer of subject merchandise produced by Lensi. The Department preliminarily determines that Lensi made sales at less than normal value
(NV)during the 2002-2003 period of review (POR), that, consequently, Lensi no longer qualifies for revocation based upon three consecutive reviews resulting in *de minimis* margins, and that the order should be reinstated on certain pasta from Italy related to subject merchandise produced and exported by Lensi. We will instruct U.S. Customs and Border Protection
(CBP)to suspend liquidation of all entries of subject merchandise produced and exported by Lensi entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the **Federal Register** . Interested parties are invited to comment on these preliminary results. Effective Date: February 22, 2008. FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds, AD/CVD Operations, Office 3, Import Administration, U.S. Department of Commerce, Room 4012, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202)482-6071. SUPPLEMENTARY INFORMATION: Background On November 19, 2007, pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), the Department initiated an antidumping changed circumstances review with respect to Lensi and AIPC. *See Certain Pasta from Italy: Notice of Initiation of Antidumping Duty Changed Circumstances Review, 72 FR 65010* (November 19, 2007) ( *Initiation of Pasta from Italy* ). On December 3, 2007, AIPC and Pasta Lensi submitted comments regarding the antidumping changed circumstances review. Scope of the Order Imports covered by this order are shipments of certain non-egg dry pasta in packages of five pounds four ounces or less, whether or not enriched or fortified or containing milk or other optional ingredients such as chopped vegetables, vegetable purees, milk, gluten, diastasis, vitamins, coloring and flavorings, and up to two percent egg white. The pasta covered by this scope is typically sold in the retail market, in fiberboard or cardboard cartons, or polyethylene or polypropylene bags of varying dimensions. Excluded from the scope of this order are refrigerated, frozen, or canned pastas, as well as all forms of egg pasta, with the exception of non-egg dry pasta containing up to two percent egg white. Also excluded are imports of organic pasta from Italy that are accompanied by the appropriate certificate issued by the Instituto Mediterraneo Di Certificazione, by Bioagricoop Scrl, by QC&I International Services, by Ecocert Italia, by Consorzio per il Controllo dei Prodotti Biologici, by Associazione Italiana per l'Agricoltura Biologica, or by Instituto per la Certificazione Etica e Ambientale
(ICEA)are also excluded from this order. The merchandise subject to this order is currently classifiable under items 1902.19.20 and 1901.90.9095 of the *Harmonized Tariff Schedule of the United States* ( *HTSUS* ). Although the *HTSUS* subheading is provided for convenience and customs purposes, the written description of the merchandise subject to the order is dispositive. Preliminary Results of Changed Circumstances Review In their submissions, Lensi and AIPC acknowledge that, contrary to the *Notice of Final Results of the Seventh Administrative Review of the Antidumping Duty Order on Certain Pasta from Italy and Determination to Revoke in Part* , 70 FR 6832 (February 9, 2005) ( *Seventh Review of Pasta from Italy* ), Lensi did, in fact, make sales at less than NV during the 2002 through 2003 review period. As a result, Lensi was not entitled to the *de minimis* rate it received in the *Seventh Review of Pasta from Italy* . Nor was Lensi entitled to revocation from the order because it did not satisfy the criteria of having made sales at not less than NV for a period of at least three consecutive years. Therefore, we have sufficient information on the record to make a preliminary finding with respect to reinstatement of the order. We preliminarily determine that Lensi was not entitled to revocation from the order and, therefore, we are preliminarily reinstating the order with respect to certain pasta produced and exported by Lensi. Section 776(a)(2) of the Act provides that, if an interested party or any other person withholds information requested by the administering authority, fails to provide such information by the deadlines for submission of the information and in the form or manner requested, subject to subsections (c)(1) and
(e)of section 782 of the Act, significantly impedes a proceeding under this title, or provides such information but the information cannot be verified as provided in section 782(i) of the Act, the administering authority shall use, subject to section 782(d) of the Act, facts otherwise available in reaching the applicable determination. As is clear from Lensi's and AIPC's submissions, during the course of the seventh administrative review of the antidumping duty order on pasta from Italy, Lensi withheld information requested by the administering authority, failed to provide such information by the deadlines for submission of the information and in the form or manner requested, and significantly impeded the proceeding. Therefore, consistent with section 776(a)(2) of the Act, we preliminarily determine to use facts otherwise available to determine the margin of dumping. AIPC and Lensi note that they have made a full voluntary disclosure to the Department and argue that, on that basis, the Department should use Lensi's own “corrected” data to determine the appropriate cash deposit rate. In their December 3, 2007, submissions, AIPC and Lensi explain that AIPC has reviewed its 2002-2003 questionnaire responses, interviewed available company personnel, and worked with outside legal counsel of its internal audit committee to determine if the reporting discrepancy was a single occurrence or if there were other similarly misreported transactions. In addition, AIPC states that on September 7, 2007, it completed its internal preparation of its restated financial statements, which include the 2002-2003 period. According to AIPC, this process has led it to conclude that there are no other transactions or adjustments similar to that already reported to the Department. Therefore, Lensi and AIPC propose that for purposes of recalculating the dumping margin from the *Seventh Review of Pasta from Italy* and establishing a margin to be applied to Lensi, the Department should rely on the information originally withheld by AIPC. Specifically, AIPC suggests that the Department rely on the proposed programming language included in its December 3, 2007, submission to incorporate the information that was not reported during the course of the *Seventh Review of Pasta from Italy.* In its submissions to the Department, AIPC did not disclose that in October 2005 it determined that its previously issued consolidated, audited statements for the 2002, 2003, 2004 fiscal years and its unaudited statements for each of the fiscal quarters in such years, should no longer be relied upon. 1 Nor did AIPC disclose in its submissions to the Department that by June 9, 2006, it concluded that its financial statements for the 2000 and 2001 fiscal years should also be restated. 2 Thus, it appears that the problem with AIPC/Lensi's books and records involves more than a few minor adjustments. 1 *See American Italian Pasta Company to Withdraw and Restate Historical Financial Statements,* AIPC press release dated October 27, 2005. 2 *See American Italian Pasta Company Outlines Status of Audit Committee Investigation, Company Financial Statement Review and Pending Restatement,* AIPC press release dated June 9, 2006. We also do not agree with AIPC's claim that, as a result of its internal audit, it is reasonable to accept AIPC's conclusion that the data discrepancy in the *Seventh Review of Pasta from Italy* constitutes the only misreported transaction reported to the Department. We find that, as recently as January 2008, AIPC has not reissued the final version of its historical financial statements, nor has AIPC issued the final version of its July 1, 2005, quarterly report to the U.S. Securities and Exchange Commission (SEC), or any subsequent quarterly or annual reports. Though AIPC states in its December 3, 2007, submission that it has completed its internal preparation of its restated financial statements, including the 2002-2003 period examined in the *Seventh Review of Pasta from Italy* , information in AIPC's September 7, 2007, press release indicates that the financial statements for fiscal year 2004 and earlier periods are currently subject to review by AIPC's registered public accounting firm and the SEC. The press release further states that: The statements by the Company regarding the status of the preparation of the Company's historical financial statements and the impairment charges for its fiscal year 2005 and for its fiscal year 2006 are forward-looking. Actual results or events could differ materially. The differences could be caused by a number of factors, including, but not limited to, the review and/or audit of the Company's financial statements by its independent registered public accounting firm, the SEC staff review, and the conclusions reached regarding financial reporting. 3 3 *See American Italian Pasta Company Announces Completion of Audit Committee Investigation, Announces Updated Impairment Charges, and Updates Restatement Process,* AIPC press release dated September 7, 2007. Therefore, we preliminarily determine that AIPC's books and records leading up to and including the period covered by the *Seventh Review of Pasta from Italy* cannot be relied upon for purposes of this changed circumstances review. Moreover, irrespective of the reliability of AIPC's revised data, we preliminarily determine that Lensi and AIPC should not be able to use this antidumping changed circumstances review as an opportunity to replace misreported data that AIPC should have accurately reported to the Department in the first instance as part of the seventh administrative review. Allowing Lensi and AIPC to revise misreported data over five years after Lensi was revoked from the antidumping duty order contradicts the Department's longstanding practice of requiring respondents to submit accurate and timely data in accordance with the deadlines of the relevant segment of the proceeding. *See,* *e.g.* , *Tianjin Mach. Imp. & Exp. Corp.* v. *United States* , 353 F. Supp. 2d 1294, 1303-1306 (CIT 2005), where the Court found that a two-month delay in providing corrected information is sufficient for imposing an adverse facts available
(AFA)rate. Furthermore, permitting Lensi and AIPC to revise the misreported data several years after the completion of the segment of the proceeding would establish a troubling precedent that could enable respondents to manipulate the results of a segment of proceeding and undermine the ability of the Department to conduct and complete a proceeding based on timely and accurate information. Under Lensi's proposed approach, future respondents could withhold information or submit false information to the Department and then, having viewed the Department's final decision, determine whether it is in their interest to seek a revision to the duty rate by providing the Department with revised information that they claim constitutes the definitive and accurate data set. AIPC and Lensi note that they have made a full voluntary disclosure to the Department and argue that, on that basis, the application of an allegedly arbitrarily high cash deposit rate—such as the 11.26 percent all-others cash deposit rate or even 7.36 percent, the highest weighed-average margin calculated in the seventh review—would serve no purpose, would be a disincentive to other companies considering a possible voluntary disclosure, would not protect the integrity of the Department's proceedings, would be punitive, and violates basis fairness in that AIPC's innocent shareholders would be penalized multiple times for the same conduct. We are aware that, as AIPC and Lensi note, other Federal agencies have policies and/or regulations related to voluntary disclosure. 4 For example, the Department's Bureau of Industry and Security views voluntary disclosure as a mitigating factor when considering what sanctions will be sought. However, the mitigating effect of voluntary disclosure is diminished, if not completely eliminated, where the disclosure does not occur before any other U.S. agency has learned the same or similar information from another source and has commenced an investigation or inquiry. 5 4 *Export Administration Regulations: Enforcement and Protective Measures* , 15 CFR 764.5 (2005), *Voluntary Self-disclosure; Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations* , 65 FR 19618 (April 11, 2000); *Foreign Assets Control Office: Economic Sanctions Enforcement Procedures for Banking Institutions* , 71 FR 1971 (Jan. 12, 2006); *Amendments to the International Traffic in Arms Regulations* , 71 FR 20534 (April 21, 2006); and SEC Administrative Proceedings File No. 3-12310 (May 31, 2006). 5 *Id.* , particularly, *Export Administration Regulations: Enforcement and Protective Measures* , 15 CFR 764.5 (2005), *Voluntary Self-disclosure; Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations* , 65 FR 19618 (April 11, 2000). According to AIPC's own admission, AIPC has been cooperating with an inquiry by the SEC since 2005. 6 Therefore, Lensi/AIPC's voluntary disclosure to the Department in August 2006 comes more than one year after another U.S. agency had learned of the same or similar information. Therefore, we preliminarily determine that, given the circumstances, the facts of this case do not warrant treatment of Lensi and AIPC's voluntary disclosure as a mitigating factor in considering from among the facts otherwise available. 6 *See* December 7, 2006, letter to the Secretary from AIPC and Lensi. *See also, American Italian Pasta Company Delays Third Quarter Earnings Release and Filing of Form 10-Q* , AIPC press release dated August 9, 2005. Section 776(b) of the Act provides that, if the administering authority finds that an interested party failed to cooperate by not acting to the best of its ability to comply with a request for information, in reaching the applicable determination, the administering authority may use an inference that is adverse to the interests of that party in selecting from among the facts otherwise available. Lensi and AIPC failed to act to the best of their ability to comply with a request for information. The disclosure by Lensi and AIPC did not occur in the context of any proceeding, thus it does not diminish Lensi's failure to act to the best of its ability during the seventh review. The Department's well established policy, as upheld by the courts, is to make an adverse inference when selecting among the facts available for parties, such as Lensi, that failed to act to the best of their ability, regardless of whether the failure was caused by intent or by inattentiveness, carelessness, or inadequate record keeping. *See Nippon Steel Corporation* v. *United States* , 337 F.3d 1373, 1382 (Fed. Cir. Aug. 8, 2003). For purposes of determining the margin of dumping in the seventh review and for establishing a cash deposit rate, the Department has selected as AFA the weighted-average margin of 45.59 percent *ad valorem* . The 45.49 percent margin is the margin assigned to Barilla during the first and fourth administrative reviews and to PAM in the sixth review. *See,* *e.g.* , *Notice of Final Results of Antidumping Duty Administrative Review, Partial Rescission of Antidumping Duty Administrative Review and Revocation of Antidumping Duty Order in Part: Certain Pasta From Italy,* 67 FR 300 (January 3, 2002) ( *Fourth Review of Pasta from Italy* ); *see also Notice of Final Results of the Sixth Administrative Review of the Antidumping Duty Order on Certain Pasta from Italy and Determination Not to Revoke in Part* , 69 FR 6255 (February 10, 2004) ( *Sixth Review of Pasta from Italy* ). Section 776(c) of the Act states that when the Department relies on secondary information for purposes of determining the dumping margin rather than on information obtained in the course of an investigation or review, the Department shall, to the extent practicable, corroborate that information from independent sources that are reasonable. 7 In accordance with section 776(c) of the Act, the Department may corroborate an AFA rate using a respondent's own transaction-specific margins or margins from other respondents. *See Ta Chen Pipe, Inc.* v. *United States,* 298 F.3d, 1330, 1339-40 (Fed. Cir. 2002) ( *Ta Chen* ); *see also NSK Ltd* v. *United States* , 346 F. Supp. 2d 1312, 1331-36 (Ct. Int'l Trade 2004) ( *NSK Ltd.* ) and *Shanghai Taoen International Trading Co.* v. *United States* , 360 F. Supp. 2d 1339, 1348 (Ct. Int'l Trade 2005) ( *Shanghai Taoen* ). However, as discussed above, we have determined that the information submitted by Lensi during the seventh review and the two prior review segments in which it participated is unreliable and cannot serve as the basis for determining the actual margin of dumping. 7 The Uruguay Round Agreements Act Statement of Administrative Action H.R. Doc. No. 103-316, vol. 1,
(SAA)describes secondary information as “information derived from the petition that gave rise to the investigation or review, the final determination concerning subject merchandise, or any previous review under section 751 concerning the subject merchandise.” *See* SAA at 870. Because we have determined that the information submitted by Lensi during the seventh review and prior reviews is not reliable, we looked to information submitted by other respondents during the seventh review for corroboration of the AFA rate. *See* February 12, 2008, Memorandum to the File, from Eric B. Greynolds, Program Manager, Office 3, Operations, RE: Corroboration of Adverse Facts Available Rate for Lensi, S.p.A. (AFA Corroboration Memorandum). The transaction-specific margins from other respondents from the seventh review represent “a reasonably accurate estimate” of Lensi's dumping activity in the *Seventh Review of Pasta from Italy* , absent any other reliable data upon which to calculate Lensi's margin. *See F.lli de Cecco Di Filippo Fara S. Martino S.p.A.* v. *United States,* 216 F.3d 1027, 1032 (Fed. Cir. 2000) ( *F.lli de Cecco* ); *see also* section 776(c) of the Act which states that, when relying on secondary information, the Department shall, “to the extent practicable, corroborate that information from independent sources that are reasonably at their disposal.” Thus, with respect to the reliability of secondary information, the standard established in the statute and interpreted by the Court is not one of perfection but rather one that requires reasonable accuracy. In any case, any potential inaccuracy in the information used to corroborate the AFA rate applied to Lensi is the result of Lensi's own actions. Thus, the Department determines that the transaction-specific margins of other respondents from the seventh review corroborate to the extent practicable the 45.59 percent AFA margin. *See Ta Chen* , 298 F.3d at 1339; *see also NSK Ltd.* , 346 F. Supp. 2d at 1331-36; and *Shanghai Taoen* , 360 F. Supp. 2d at 1348 (affirming corroboration by using respondent's own transaction-specific margins from prior reviews or transaction-specific margins from other respondents). As recognized by the Federal Circuit, so long as the data are corroborated, the Department has “discretion to choose which sources and facts it will rely on to support an adverse inference.” *See F.lli de Cecco* , 216 F.3d at 1032. In this case, the Department has exercised this discretion in a reasonable manner by corroborating the respondent's AFA rate with the transaction-specific margins of other respondents from the seventh review. *See Ta Chen* , 298 F.3d at 1278-79; *see also NSK Ltd.* , 346 F. Supp. 2d at 1331-36; and *Shanghai Taoen* , 360 F. Supp. 2d at 1348. Since we have preliminarily determined that Lensi made sales at less than NV during the 2002-2003 POR and was not entitled to revocation, the antidumping duty order is hereby provisionally reinstated, and we will instruct CBP to suspend liquidation of all entries of subject merchandise produced and exported by Lensi entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the **Federal Register** . 8 8 We note that over five years has passed since Lensi was revoked from the antidumping duty order. During this time, Lensi's entries have not been subject to suspension by the CBP and have not been subject to a cash deposit rate. Furthermore, a cash deposit requirement of 45.59 percent will be in effect for all shipments of the subject merchandise produced and exported by Lensi that are entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice. A cash deposit requirement shall remain in effect until publication of the final results of the next administrative review unless the Department finds that Lensi was entitled to revocation from the order in the final results of this changed circumstances review. Any interested party may request a hearing within 30 days of publication of this notice. Any hearing, if requested, will be held no later than 44 days after the date of publication of this notice, or the first workday thereafter. Case briefs from interested parties may be submitted not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to the issues raised in those comments, may be filed not later than five days after the deadline for filing case briefs. *See* 19 CFR 531.309, 310. All written comments shall be submitted in accordance with 19 CFR 351.303. Persons interested in attending the hearing, if one is requested, should contact the Department for the date and time of the hearing. The Department will publish the final results of this changed circumstances review, including the results of its analysis of issues raised in any written comments. The Department will complete this review within 270 days of the date on which it initiated the changed circumstances review. In accordance with 19 CFR 351.216(e), the final results of the changed circumstances review will set forth the factual and legal conclusions upon which our results are based and a description of any action proposed based on those results. This notice is in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216 and 351.222. Dated: February 12, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-3387 Filed 2-21-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-201-822] Stainless Steel Sheet and Strip in Coils From Mexico; Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: February 22, 2008. FOR FURTHER INFORMATION CONTACT: Maryanne Burke or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202)482-5604 or
(202)482-0649, respectively. Background On July 30, 2007, the Department of Commerce (the Department) received a timely request from Allegheny Ludlum Corporation, AK Steel Corporation, North American Stainless, United Auto Workers Local 3303, Zanesville Armco Independent Organization, Inc. and the United Steelworkers (collectively, petitioners) to conduct an administrative review of the antidumping duty order on stainless steel sheet and strip in coils from Mexico. On August 24, 2007, the Department published a notice of initiation of this administrative review, covering the period of July 1, 2006 to June 30, 2007. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 72 FR 48613 (August 24, 2007). The current deadline for the preliminary results of this review is April 1, 2008. Extension of Time Limits for Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Tariff Act), requires the Department to complete the preliminary results of an administrative review within 245 days after the last day of the anniversary month of an order for which a review is requested. However, if it is not practicable to complete the review within these time periods, section 751(a)(3)(A) of the Tariff Act allows the Department to extend the time limit for the preliminary results to a maximum of 365 days after the last day of the anniversary month of an order for which a review is requested. The Department finds that it is not practicable to complete the preliminary results of this review within the original time frame due to additional analysis necessary with respect to cost of production data used in the margin calculation programs. Moreover, we require additional information from the respondent, ThyssenKrupp Mexinox S.A. de C.V. and Mexinox USA, Inc., in order to complete our analysis and will not have time to analyze this information prior to the current deadline for the preliminary results. Accordingly, the Department is extending the time limit for completion of the preliminary results of this administrative review until no later than July 30, 2008, which is 365 days from the last day of the anniversary month. We intend to issue the final results no later than 120 days after publication of the preliminary results notice. This extension is issued and published in accordance with sections 751(a)(3)(A) and 777(i) of the Tariff Act. Dated: February 15, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-3381 Filed 2-21-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XF72 Gulf of Mexico Fishery Management Council; Public Hearings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of scoping hearings. SUMMARY: The Gulf of Mexico Fishery Management Council (Council) will convene public hearings on Reef Fish Amendment 30B. DATES: The public hearings will held from March 10 - 20, 2008, at 8 locations throughout the Gulf of Mexico. For specific dates and times see SUPPLEMENTARY INFORMATION . ADDRESSES: The public hearings will be held in the following locations: Port Aransas and Galveston, TX; New Orleans, LA; Panama City, St. Petersburg, and Naples, FL; Gulf Shores, AL and Biloxi, MS. See SUPPLEMENTARY INFORMATION for specific locations. *Council address* : Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Mr. Steven Atran, Population Dynamics Statistician; telephone:
(813)348-1630. SUPPLEMENTARY INFORMATION: The Gulf of Mexico Fishery Management Council (Council) has scheduled a series of public hearings to solicit comments on Draft Amendment 30B to the Reef Fish Fishery Management Plan. Amendment 30B contains potential management measures to define overfishing and overfished thresholds and an optimum yield
(OY)target for gag, end overfishing of gag, increase the total allowable catch
(TAC)of the red grouper stock to its OY level, establish recreational and commercial allocations for gag and red grouper, establish accountability measures for gag to assure compliance with ending overfishing, adjust commercial grouper quotas and recreational grouper bag limits, closed seasons, and/or size limits, reduce discards and discard mortality of groupers, establish a new reef fish marine reserve and/or extend the duration of the existing Madison-Swanson and Steamboat Lumps marine reserves, and require that federally permitted reef fish vessels comply with the more restrictive of federal or state reef fish regulations when fishing in state waters. The public hearings will begin at 6 p.m. and conclude at the end of public testimony or no later than 10 p.m. at each of the following locations: *Monday, March 10, 2008* , Hilton Airport, 901 Airline Drive, Kenner, LA 70062, telephone:
(504)469-5000; *Tuesday, March 11, 2008* , University of Southern Mississippi - Gulf Coast Research Laboratory, Caylor Auditorium, 703 East Beach Drive, Ocean Springs, MS 39564, telephone:
(228)872-4200; *Tuesday, March 11, 2008* , Holiday Inn, 5002 Seawall Blvd., Galveston, TX 77551, telephone:
(409)740-3581; *Wednesday, March 12, 2008* , Erie Meyer Civic Center, 10300 2nd St. Gulf Shores, AL 36542, telephone:
(251)968-1173; *Wednesday, March 12, 2008* , Plantation Suites & Conference Center, 1909 State Highway 361, Port Aransas, TX 78373, telephone:
(361)749-3866; *Thursday, March 13, 2008* , Edgewater Beach & Conference Center, 11212 Front Beach Blvd., Panama City, FL 31407, telephone:
(800)814-8686; *Wednesday, March 19, 2008* , Radisson Hotel & Conference Center, 12600 Roosevelt Blvd., St. Petersburg, FL 33716, telephone:
(727)572-7800; *Thursday, March 20, 2008* , Comfort Inn & Executive Suites, 3860 Tollgate Blvd., Naples, FL 34114, telephone:
(239)353-9500; Copies of the Amendment can be obtained by calling the Council office at
(813)348-1630. Special Accommodations These hearings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Tina Trezza at the Council (see ADDRESSES ) at least 5 working days prior to the meeting. Dated: February 19, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-3297 Filed 2-21-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XF75 Caribbean Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of Navassa Island Workshop. SUMMARY: The Caribbean Fishery Management Council
(CFMC)will hold a Navassa Island Workshop. DATES: The Navassa Island Workshop will be held on March 24-25, 2008, from 9 a.m. to 5 p.m., approximately, both days. ADDRESSES: The Workshop will be held at the Hilton Ponce Gulf and Casino, 1150 Caribe Avenue, Ponce, Puerto Rico 00716. FOR FURTHER INFORMATION CONTACT: Caribbean Fishery Management Council, 268 Munoz Rivera Avenue, Suite 1108, San Juan, Puerto Rico 00918, telephone:
(787)766-5926. SUPPLEMENTARY INFORMATION: The Navassa Island Workshop agenda is as follows: Monday, March 24, 2008, 9 a.m. - 5 p.m. •Call to Order •Welcome - Eugenio Pineiro •Introduction - Miguel Rolon •Adoption of Agenda •DOS - Legal Status of Navassa Island •Management Aspects of Navassa Island - DOI Perspective •Magnuson-Stevens Reauthorization Act
(MSRA)and Navassa Island - NMFS/CFMC •Fishery Management Plan
(FMP)Outline/Appointment of Navassa Island Plan Development Team (NIPDT) -Scoping Meetings -Literature Review -Fishery/Biology Habitat
(EFH)-Fishery Socio-Economy Tuesday, March 25, 2008, 9 a.m. - 5 p.m. •FMP Outline/Appointment NIPDT (Cont.) -Management Alternatives -Enforcement Considerations -Other Applicable Laws, e.g., ESA/EIS -International Considerations Re: TAC and Foreign Allocations -Consideration of Candidates for NIPDT -Data and Research Needs -Comments from Non-Governmental Organizations
(NGOs)and General Public •Other Business Special Accommodations The meeting is physically accessible to people with disabilities. For more information or request for sign language interpretation and/other auxiliary aids, please contact Mr. Miguel A. Rolon, Executive Director, Caribbean Fishery Management Council, 268 Munoz Rivera Avenue, Suite 1108, San Juan, Puerto Rico 00918, telephone:
(787)766-5926, at least 5 days prior to the meeting date. Dated: February 19, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-3299 Filed 2-21-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XF76 Pacific Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. SUMMARY: The Pacific Fishery Management Council (Council) and its advisory entities will hold public meetings. DATES: The Council and its advisory entities will meet March 8-14, 2008. The Council meeting will begin on Sunday, March 9 at 3:30 p.m., reconvening each day through Friday. All meetings are open to the public, except a closed session will be held from 3:30 p.m. until 4:30 p.m. on Sunday, March 9 to address litigation and personnel matters. The Council will meet as late as necessary each day to complete its scheduled business. ADDRESSES: The Highly Migratory Species Advisory Subpanel and Management Team meetings will be held at the Hilton Sacramento Arden West, 2200 Harvard Street, Sacramento, CA 95815; telephone:
(916)922-4700. All other meetings of the Council and its advisory entities will be held at the Doubletree Hotel Sacramento, 2001 Point West Way, Sacramento, CA 95815; telephone:
(916)929-8855. *Council address* : Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220. FOR FURTHER INFORMATION CONTACT: Dr. Donald O. McIsaac, Executive Director; telephone:
(503)820-2280. SUPPLEMENTARY INFORMATION: The following items are on the Council agenda, but not necessarily in this order: A. Call to Order 1. Opening Remarks and Introductions 2. Roll Call 3. Executive Director's Report 4. Approve Agenda B. Administrative Matters 1. Future Council Meeting Agenda Planning 2. Magnuson-Stevens Act Reauthorization Implementation 3. Membership Appointments and Council Operating Procedures 4. Approval of Council Meeting Minutes 5. Future Council Meeting Planning, April 2008 Council Meeting Agenda, and Workload Priorities C. Highly Migratory Species Management 1. NMFS Report 2. Yellowfin Tuna Overfishing 3. High Seas Shallow-Set Longline
(SSLL)Amendment 4. Exempted Fishing Permit
(EFP)for Longline Fishing in the West Coast Exclusive Economic Zone 5. Public Comment Session on the High Seas SSLL Amendment and Longline Fishing EFP D. Salmon Management 1. Review of 2007 Fisheries and Summary of 2008 Stock Abundance Estimates 2. Identification of Stocks not Meeting Conservation Objectives 3. Klamath River Fall Chinook Stock Assessment and Management Recommendations 4. Identification of Management Objectives and Preliminary Definition of 2008 Salmon Management Options 5. Council Recommendations for 2008 Management Option Analysis 6. Council Direction for 2008 Management Options (if necessary) 7. Adoption of 2008 Management Options for Public Review 8. Appoint Salmon Hearings Officers E. Habitat Current Habitat Issues F. Groundfish Management 1. NMFS Report 2. Stock Assessment Planning for 2011-2012 Management Measures 3. Pacific Whiting Harvest Specifications and Management Measures for 2008 4. Fishery Management Plan Amendment 22: Open Access License Limitation 5. Consideration of Inseason Adjustments 6. Tracking and Monitoring for Trawl Rationalization Program G. Pacific Halibut Management 1. Report on the International Pacific Halibut Commission Meeting 2. Incidental Catch Regulations in the Salmon Troll and Fixed Gear Sablefish Fisheries SCHEDULE OF ANCILLARY MEETINGS Saturday, March 8, 2008 - Hilton Sacramento Arden West Highly Migratory Species Advisory Subpanel 9 a.m. Highly Migratory Species Management Team 9 a.m. Sunday, March 9, 2008 - Hilton Sacramento Arden West Highly Migratory Species Advisory Subpanel 9 a.m. Highly Migratory Species Management Team 9 a.m. Sunday, March 9, 2008 - Doubletree Hotel Sacramento Council Secretariat 1 p.m. Scientific and Statistical Committee 1:30 p.m. Groundfish Advisory Subpanel 2 p.m. Groundfish Management Team 2 p.m. Monday, March 10, 2008 Council Secretariat 7 a.m. California State Delegation 7 a.m. Oregon State Delegation 7 a.m. Groundfish Advisory Subpanel 8 a.m. Groundfish Management Team 8 a.m. Salmon Advisory Subpanel 8 a.m. Salmon Technical Team 8 a.m. Scientific and Statistical Committee 8 a.m. Habitat Committee 9 a.m. Enforcement Consultants 4:30 p.m. Tribal Policy Group As necessary Tribal and Washington Technical Group As necessary Washington State Delegation As necessary Tuesday, March 11, 2008 Council Secretariat 7 a.m. California State Delegation 7 a.m. Oregon State Delegation 7 a.m. Groundfish Advisory Subpanel 8 a.m. Groundfish Management Team 8 a.m. Salmon Advisory Subpanel 8 a.m. Salmon Technical Team 8 a.m. Scientific and Statistical Committee 8 a.m. Enforcement Consultants As necessary Tribal Policy Group As necessary Tribal and Washington Technical Group As necessary Washington State Delegation As necessary Wednesday, March 12, 2008 Council Secretariat 7 a.m. California State Delegation 7 a.m. Oregon State Delegation 7 a.m. Groundfish Advisory Subpanel 8 a.m. Groundfish Management Team 8 a.m. Salmon Advisory Subpanel 8 a.m. Salmon Technical Team 8 a.m. Enforcement Consultants As necessary Tribal Policy Group As necessary Tribal and Washington Technical Group As necessary Washington State Delegation As necessary Thursday, March 13, 2008 Council Secretariat 7 a.m. California State Delegation 7 a.m. Oregon State Delegation 7 a.m. Groundfish Advisory Subpanel 8 a.m. Groundfish Management Team 8 a.m. Salmon Advisory Subpanel 8 a.m. Salmon Technical Team 8 a.m. Enforcement Consultants As necessary Tribal Policy Group As necessary Tribal and Washington Technical Group As necessary Washington State Delegation As necessary Friday, March 14, 2008 Council Secretariat 7 a.m. California State Delegation 7 a.m. Oregon State Delegation 7 a.m. Enforcement Consultants As necessary Salmon Advisory Subpanel As necessary Salmon Technical Team As necessary Tribal and Washington Technical Group As necessary Washington State Delegation As necessary Although non-emergency issues not contained in this agenda may come before this Council for discussion, those issues may not be the subject of formal Council action during this meeting. Council action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Ms. Carolyn Porter at
(503)820-2280 at least 5 days prior to the meeting date. Dated: February 19, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-3300 Filed 2-21-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration, National Marine Fisheries Service DEPARTMENT OF THE INTERIOR Fish and Wildlife Service RIN 0648-XE42 Notice of Public Scoping and Intent to Prepare a Joint Environmental Impact Statement for Fruit Growers Supply Company's Multispecies Habitat Conservation Plan, Siskiyou County, California AGENCIES: National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Commerce; and Fish and Wildlife Service, Interior. ACTION: Notice of Intent. SUMMARY: The National Marine Fisheries Service
(NMFS)and Fish and Wildlife Service
(FWS)(together the Services) intend to gather information necessary for the preparation of a joint Environmental Impact Statement (EIS). The EIS will consider applications from the Fruit Growers Supply Company
(FGS)for Incidental Take Permits
(ITPs)for take of endangered and threatened species in accordance with the Endangered Species Act of 1973, as amended (ESA). FGS's applications will include a multi-species Habitat Conservation Plan (HCP), as required under the ESA. The HCP will address forest management and timber operations on FGS lands in Siskiyou County, California. The proposed 50 year HCP will encompass approximately 154,000 acres of lands owned by FGS on and after the granting date of the ITPs. The HCP will outline conservation programs for various aquatic species under the jurisdiction of NMFS and terrestrial species under the jurisdiction of FWS. For purposes of the issuance of the ITPs, NMFS and FWS are co-lead agencies under National Environmental Policy Act. We provide this notice to describe the proposed action and possible alternatives; advise other Federal and State agencies, affected Tribes, and the public of our intent to prepare an EIS; announce the initiation of a public scoping period; and obtain suggestions and information on the scope of issues and possible alternatives to be included in the EIS. DATES: Submit written comments on or before April 7, 2008. The Services will conduct two public scoping meetings where oral and written comments can be submitted. These meetings are scheduled for Tuesday, March 11, 2008, in Yreka, CA, from 6 p.m. to 8 p.m., and Wednesday, March 12, 2008, in Happy Camp, CA, from 6 p.m. to 8 p.m. Should winter conditions prevent conducting the Yreka meeting, it will occur one week later on March 18, 2008, in Yreka from 6 p.m. to 8 p.m. Should winter conditions prevent conducting the Happy Camp meeting, it will occur one week later on March 19, 2008, from 6 p.m. to 8 p.m. ADDRESSES: Comments regarding the scope of the EIS and requests for additional information should be addressed to Lisa Roberts, NMFS 1655 Heindon Road, Arcata, CA 95521. Written comments may also be sent by facsimile to
(707)825-4840 or by e-mail to *FGS-Scoping.SWR@noaa.gov* . Public scoping meetings will be held at the Best Western Miners Inn Convention Center, 122 East Minor Street, Yreka, CA 96097 and the Karuk Tribe Housing Authority-Headway Building, 64101 Second Avenue, Happy Camp, CA 96039. Comments received will be available for public inspection, by appointment, during normal business hours (Monday through Friday; 8 a.m. to 4:30 p.m.) at 1655 Heindon Road, Arcata, CA 95521. All comments received, including names and addresses, will become part of the official administrative record and may be available to the public. FOR FURTHER INFORMATION CONTACT: Lisa Roberts, NMFS, 1655 Heindon Road, Arcata, CA 95521,
(707)825-5178. SUPPLEMENTARY INFORMATION: Reasonable Accommodation Persons needing reasonable accommodations in order to attend and participate in the public meeting should contact Lisa Roberts, NMFS, at
(707)825-5178, as soon as possible. In order to allow sufficient time to process requests, please call no later than one week before the public meeting. Information regarding this proposed action is available in alternative formats upon request. Background Information Section 9 of the ESA prohibits the ''take'' of wildlife species listed as endangered or threatened by either the FWS or NMFS (16 USC 1538). The ESA defines the term ''take'' as: harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect listed species, or attempt to engage in such conduct. Pursuant to section 10(a)(1)(B) of the ESA, FWS and NMFS may issue ITPs to take listed species if such taking is incidental to, and not the purpose of, otherwise lawful activities. Take of listed plant species is not prohibited under the Act, and cannot be authorized under a section 10 permit. However, FGS proposes to include Yreka phlox (Phlox hirsute) in the HCP to extend the plan's conservation benefits to this species. All species included on an ITP would receive assurances under the Services' “No Surprises” regulations found in 50 CFR 17.22(b)(5), 17.32(b)(5), and 222.307(g). To receive an ITP under the ESA, an applicant must prepare an HCP that specifies the following:
(1)the impact of the taking,
(2)steps the applicant will take to minimize and mitigate the impact;
(3)funding available to implement the steps;
(4)what alternative actions to the taking the applicant considered and the reasons why they were not taken; and
(5)any other measures NMFS or FWS may require as being necessary or appropriate for the purpose of the plan (16 USC 1539). To issue a permit, NMFS and FWS must find that:
(1)the taking will be incidental,
(2)the applicant will minimize and mitigate impacts of the take to the maximum extent possible;
(3)the applicant will ensure adequate funding for the HCP;
(4)the taking will not appreciably reduce the likelihood of the survival and recovery of the species; and the applicant has met other measures required by FWS and NMFS. Regulations governing issuance of FWS permits for endangered and threatened species are at 50 CFR 17.22 and 17.32, and at 50 CFR 222.301 through 307 for NMFS-issued permits. FGS is developing a multi-species HCP in anticipation of applying for ITPs under the ESA. The HCP will apply to approximately 154,000 acres of commercial timberland owned by FGS in Siskiyou County, California. The ownership consists of three management units as defined by FGS: Klamath River, Scott Valley, and Grass Lake, covering about 65,000, 39,000, and 50,000 acres, respectively. FGS's Klamath River and Scott Valley management units are located west of Interstate 5 and are adjacent to and intermixed with Klamath National Forest
(KNF)lands. FGS's Grass Lake management unit (also adjacent to the KNF) lies east of Interstate 5 and predominantly north of State Highway 97. For the purposes of this HCP, all land owned by FGS in their Klamath River, Scott Valley, and Grass Lake Management Units as described above are referred to as the HCP Area. FGS intends to request coverage from FWS for northern spotted owl ( *Strix occidentalis caurina* ) and Yreka phlox ( *Phlox hirsute* ). Separately, FGS intends to request coverage from NMFS for the Southern Oregon/Northern California Coasts (SONCC) coho salmon ( *Oncorhynchus kisutch* ) Evolutionally Significant Unit (ESU). FGS also intends to request coverage under the ITP for the unlisted California Coastal Chinook salmon ( *O. tshawytscha* ) ESU and the Klamath Mountains Province steelhead ( *O. mykis* s) ESU. Should these unlisted covered species become listed under the ESA during the term of the permit, take authorization for those species would become effective upon listing. Activities that FGS may propose to cover under the ITPs include mechanized timber harvest; forest product transportation; road and landing construction, use, maintenance, and abandonment; site preparation; tree planting; certain types of vegetation management; silvicultural thinning and other silvicultural activities; fire suppression; rock quarry and borrow pit operations; aquatic habitat restoration and other forest management activities, miscellaneous and minor forest product collecting. The HCP is also expected to cover certain monitoring activities and scientific work in the HCP area. FWS and NMFS expect FGS's proposed HCP to address each of the activities, species, and area described above, as required by the ESA. The goal of this HCP will be to:
(1)protect and improve habitats required by species covered by the HCP and
(2)establish appropriate guidelines for continuing timber harvests and other forest management activities. During the preparation of the EIS, FWS and NMFS will consider a range of alternatives to the proposed HCP, including a No Action alternative and other project alternatives recommended during this scoping process. Alternatives may include HCPs with modified lists of covered species, land coverage areas, and permit terms. Different strategies for minimizing and mitigating the impacts of incidental take may also be considered. We invite comments and suggestions from all interested parties to ensure that a reasonable range of alternatives and issues related to them are addressed and that all significant issues are identified. Environmental review of the HCP will be conducted in accordance with the requirements of the National Environmental Policy Act, as amended (42 U.S.C. 4321 *et seq.* ), the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (40 CFR parts 1500-1508), other applicable laws such as the National Historic Preservation Act, and FWS and NMFS procedures for compliance with those regulations. The California Department of Fish and Game
(CDFG)intends to use this EIS as a California Environmental Quality Act
(CEQA)Environmental Impact Report
(EIR)equivalent document in its consideration and approval of a FGS master streambed alteration agreement. FGS will incorporate best management practices into the HCP that have been developed in cooperation with, and approved by, CDFG. Request for Comments This notice is being furnished in accordance with 40 CFR 1501.7 and 1508.22 to obtain suggestions and information from other agencies and the public on the scope of issues and alternatives that will be addressed in the EIS. The primary purpose of the scoping process is to identify important issues raised by the public related to the issuance of ITPs for the HCP. Interested persons are encouraged to attend the public scoping meeting and to identify and discuss issues and alternatives that should be addressed in the joint EIS. We invite written comments from interested parties to ensure that the full range of issues related to the development of the HCP and issuance of the ITPs are identified. To ensure all comments are fully considered, comments must be received no later than 45 days after the date of this notice. Comments provided during the scoping process, other than those received orally during the public meetings, will only be accepted in written form. All comments received, including names and addresses, will become part of the official administrative record and may be made available to the public. To facilitate comments are reviewed by the appropriate co-lead agency, NFMS and FWS encourage the public to specify which species their comments are addressing. Comments that do not identify a specific species will be reviewed by the co-lead agencies, and assigned for consideration by FWS, NFMS, or both. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment including your personal identifying information may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: February 19, 2008. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service Dated: February 19, 2008. Ken McDermond, Deputy Regional Director, California and Nevada Region, Fish and Wildlife Service. [FR Doc. E8-3365 Filed 2-21-08; 8:45 am] BILLING CODES 3510-22-S, 4310-55-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XF73 Western Pacific Fishery Management Council; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. SUMMARY: This notice advises the public that the Western Pacific Fishery Management Council (Council) will convene meetings of the Mariana Archipelago Advisory Panel, Mariana Archipelago Plan Team and Mariana Archipelago Regional Ecosystem Advisory Panel in Saipan, Northern Mariana Islands and in Guam. DATES: The meetings dates for Saipan, will be Saturday March 8, 2008, Monday March 10, 2008 and Tuesday March 11, 2008. The meetings dates for Guam will be Wednesday March 12, 2008 Thursday March 13, 2008 and Friday March 14, 2008. For the specific date, time, and agenda for each meeting see SUPPLEMENTARY INFORMATION . ADDRESSES: All meetings on Saipan will be held at the Pacific Islands Club Hotel on Tum Chalan Tomas P. Sablan Road. All meetings on Guam will be held at the Guam Hilton, 202 Hilton Road, Tumon Bay. FOR FURTHER INFORMATION CONTACT: Kitty M. Simonds, Executive Director; telephone:
(808)522-8220. SUPPLEMENTARY INFORMATION: The date, time and agenda for each meeting are as follows: Saturday, March 8, 2008, 1 p.m. - 5 p.m. Mariana Archipelago Advisory Panel (Saipan) 1. Status Report on 2007 Advisory Panel Recommendations 2. Upcoming Council Actions a. Commonwealth of the Northern Mariana Islands
(CNMI)& Guam Purse Seine Closed Area b. CNMI Longline Area Closure c. Annual Catch Limits
(ACLs)d. Community Development Program
(CDP)Options 3. 2007 Magnuson-Stevens Reauthorization a. Establishing a Community Consultation Process in CNMI b. Regional Recreational Fishery Data Collection Options 4. Cooperative Research 5. Emerging Fishery & Marine Issues a. Northern Islands Marine National Monument b. Military Buildup c. Status of Research on Marine Resources d. Proposed Fishery Act Monday, March 10, 2008, 8:30 a.m. - 5 p.m. Mariana Archipelago Plan Team (Saipan) 1. Review of Annual Report Module for Northern Mariana Islands a. Bottomfish b. Coral Reef c. Crustaceans 2. Upcoming Council Actions a. CNMI & Guam Purse Seine Closed Area b. CNMI Longline Area Closure c. Annual Catch Limits
(ACLs)d. Community Development Program
(CDP)Options 3. 2007 Magnuson-Stevens Reauthorization a. Establishing a Community Consultation Process in CNMI b. National Saltwater Angler Registry 4. Research a. Cooperative Research b. Archipelagic Wide Research Needs Tuesday, March 11, 2008, 9 a.m. - 4 p.m. Mariana Archipelago Regional Ecosystem Advisory Committee (Saipan) 1. Status Report on 2007 REAC Meeting Outcomes 2. Synopsis of Upcoming 140th Council Meeting Actions 3. Community Marine Management Forum a. Fisheries Development & Seafood Exports b. Highway Fuel Tax c. CNMI Coral Reef Local Action Strategies & Accomplishments d. Micronesian Challenge e. Northern Islands Marine National Monument f. Military Build-Up in the Marianas g. Promoting Indigenous Cultural & Traditional Practices 4. Use of Traditional Knowledge in Marine Resource Management 5. Building a Community Consultation Process Wednesday, March 12, 2008, 6 p.m. - 9 p.m. Mariana Archipelago Advisory Panel
(Guam)1. Status Report on 2007 Advisory Panel Recommendations 2. Upcoming Council Actions a. CNMI & Guam Purse Seine Closed Area b. CNMI Longline Area Closure c. Annual Catch Limits
(ACLs)d. Community Development Program
(CDP)Options 3. 2007 Magnuson-Stevens Reauthorization a. Establishing a Community Consultation Process in Guam b. Regional Recreational Fishery Data Collection Options 4. Cooperative Research 5. Emerging Fishery & Marine Issues a. Navy Offshore Dumping b. Military 12 mile Marine Exclusion Zone c. Report on DAWR's Fish Aggregation Device Program d. Guam Seashore Reserve Plan 6. Use of Traditional Knowledge in Marine Resource Management 7. Building a Community Consultation Process Thursday, March 13, 2008, 8:30 a.m. - 5 p.m. Mariana Archipelago Plan Team
(Guam)1. Review of Annual Report Module for Northern Mariana Islands a. Bottomfish b. Coral Reef c. Crustaceans 2. Upcoming Council Actions a. CNMI & Guam Purse Seine Closed Area b. CNMI Longline Area Closure c. Annual Catch Limits
(ACLs)d. Community Development Program
(CDP)Options 3. 2007 Magnuson-Stevens Reauthorization a. Establishing a Community Consultation Process in Guam b. National Saltwater Angler Registry 4. Research a. Cooperative Research b. Archipelagic Wide Research Needs Friday, March 14, 2008, 9 a.m. - 4 p.m. Mariana Archipelago Regional Ecosystem Advisory Committee
(Guam)1. Status of 2007 REAC Meeting Outcomes 2. Synopsis of Upcoming 140th Council Meeting Actions 3. Community Marine Management Forum a. Update on Merizo Marine Preserve & PCB Contamination b. Update on Tamuning Public Beach Access c. Guam Coral Reef Local Action Strategies & Accomplishments d. Sportsfish Restoration Fund e. Military Build-Up in the Marianas 4. Use of Traditional Knowledge in Marine Resource Management 5. Building a Community Consultation Process The order in which agenda items are addressed may change. Public comment periods will be provided throughout each agenda. The Advisory Panels, Plan Teams and Regional Ecosystem Advisory Committees will meet as late as necessary to complete scheduled business. Although non-emergency issues not contained in this agenda may come before these groups for discussion, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds,
(808)522-8220 (voice) or
(808)522-8226 (fax), at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 *et seq.* Dated: February 19, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-3298 Filed 2-21-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE Department of the Army Notice of availability of the Final Environmental Impact Statement
(FEIS)for the Permanent Stationing of the 2nd Brigade, 25th Infantry Division Stryker Brigade Combat Team
(SBCT)AGENCY: Department of the Army, DoD. ACTION: Notice of availability (NOA). SUMMARY: The Department of the Army announces the availability of a FEIS for the permanent stationing of the 2nd Brigade, 25th Infantry Division (2/25th) SBCT. Pursuant to the National Environmental Policy Act (NEPA), the Department of the Army has prepared an Environmental Impact Statement
(EIS)to disclose potential impacts to the natural, physical, and human environment resulting from the permanent stationing of the 2/25th SBCT. Potential impacts have been analyzed at installations that are capable of meeting the SBCTs training, operational, Soldier and Family quality of life, and strategic deployment requirements. This FEIS identifies Schofield Barracks Military Reservation in Hawaii as the Army's preferred alternative for the stationing location of the 2/25th SBCT. A Record of Decision
(ROD)will announce the final location decision after the 30-day waiting period for the FEIS has been completed. DATES: The waiting period for the FEIS will end 30 days after publication of an NOA in the **Federal Register** by the U.S. Environmental Protection Agency. ADDRESSES: Send all written comments concerning this EIS to: Public Affairs Office, U.S. Army Environmental Command, Building E4460, 5179 Hoadley Road, Attention: IMAE-PA, Aberdeen Proving Ground, MD 21010-5401. E-mail comments should be sent to: *PublicComments@aec.apgea.army.mil.* FOR FURTHER INFORMATION CONTACT: Public Affairs Office at
(410)436-2556; facsimile:
(410)436-1693 during normal business hours Monday through Friday 9 a.m. to 5 p.m. eastern standard time. SUPPLEMENTARY INFORMATION: The proposed action and analysis within the FEIS covers those activities required to implement the stationing of the 2/25th SBCT. These activities include garrison construction, training range construction, live-fire training, and maneuver training. In May 2004, the Department of the Army
(Army)released the FEIS for Transformation of the 2nd Brigade, 25th Infantry Division (Light) to the 2/25th SBCT. The SBCT is a maneuver brigade that includes approximately 4,100 Soldiers (infantry, artillery, engineers, and other Army specialties) and 1,000 vehicles (including about 320 Stryker Combat Vehicles). In July 2004, the Army released a ROD documenting its decision to transform the 2/25th from an Infantry Brigade to an SBCT and permanently home station it in Hawaii. The Stryker is an armored infantry wheeled combat vehicle and provides Soldiers and commanders with increased firepower, maneuverability, and, most importantly, survivability in a combat environment. The increased speed and maneuver capabilities of the SBCT allow operations to be conducted across much larger areas than the Army's traditional legacy brigades. These capabilities have allowed the SBCT to successfully conduct a broad range of missions in support of Operation Iraqi Freedom. To be effective when operationally deployed abroad requires that the SBCT have the proper training and support facilities at home station. Such facilities include training ranges, maneuver land, housing, administrative, and quality of life infrastructure for the SBCTs Soldiers, their Families, vehicles, and equipment. Without these resources, the SBCT cannot attain the readiness levels needed to ensure the successful accomplishment of its missions and safety of its Soldiers. In addition to these requirements, the SBCT must be stationed in a location from which it can rapidly deploy to support national security requirements. The 2/25th began its transformation to an SBCT shortly after completion of the 2004 FEIS and signing of the ROD. Since this time, the Brigade has completed its transformation in Hawaii and is currently deployed to Southwest Asia. The SBCT is scheduled to return to the permanent stationing location selected by the Army in early 2009. In October 2006, the Federal Court of Appeals for the Ninth Circuit determined that the Army had not fully complied with NEPA for the transformation of the 2/25th because it did not adequately address or analyze potentially reasonable alternative locations for the transformation and training of this unit. In particular, the Court concluded that the Army had a duty under NEPA to consider locations other than Hawaii for the permanent stationing of the 2/25th SBCT, and the Court ordered the Army to prepare an EIS to address a broader range of alternatives. The Army has prepared an EIS in accordance with the Court's guidance to examine reasonable alternative locations for the proposed action to station the 2/25th SBCT permanently. The Army analyzed 140 installations for their suitability to meet the appropriate training infrastructure, maneuver land, compatible mission and garrison support infrastructure to support the SBCT. Out of the 140 installations, three Army installations were determined to have the appropriate infrastructure capable of supporting the permanent stationing of the 2/25th SBCT. The FEIS examines the three Army installations. The EIS will provide the Army senior leadership with a hard look at environmental impacts associated with the proposed action and better inform their decision-making process for selecting the final stationing location. This effort includes analysis of all activities (training, facilities construction, and Soldier and Family support) required to permanently station the 2/25th SBCT. This EIS effort will assist the Army in arriving at a decision that can accommodate the Brigade's training, operations, and quality of life requirements while meeting the strategic defense needs of the nation. After reviewing the full range of potential Army stationing locations, three alternatives for implementing the proposed action have been identified by the Army as reasonable alternatives capable of meeting the Army's needs and screening criteria. Alternatives for implementing the proposed action included:
(1)Permanently stationing the 2/25th SBCT at Schofield Barracks Military Reservation while conducting required training at military training sites in Hawaii;
(2)permanently stationing the 2/25th SBCT at Fort Richardson while conducting required training at military training sites in Alaska; and
(3)permanently stationing the 2/25th SBCT at Fort Carson while conducting required training at military training sites in Colorado. In addition to these alternatives, the No Action alternative, which provides the baseline conditions for comparison to the proposed alternative, was fully assessed and considered. Direct, indirect, and cumulative impacts of the proposed action have been considered in the FEIS along with public comments received during scoping and on the Draft EIS published in July 2007. The EIS identifies impacts at each of the three alternative locations that would occur as a result of implementing the proposed action and responds to public comments. Impacts at alternative sites would result from construction and training activities. Each of the impacts can be mitigated. The Army invited full public participation to promote open communication and better decision making. All persons and organizations that have an interest in the permanent stationing of the 2/25th SBCT were urged to participate in this NEPA evaluation process. The public has provided input and comments at scoping meetings and public meetings held at all potential alternative stationing locations for the 2/25th. The Army held scoping meetings in January and February 2007 and Draft EIS meetings in September and October 2007. Responses to the public comments are addressed in this FEIS. The FEIS is available for review at *http://www.aec.army.mil.* Dated: February 15, 1008. Addison D. Davis, IV, Deputy Assistant Secretary of the Army, (Environment, Safety and Occupational Health). [FR Doc. 08-793 Filed 2-21-08: 8:45 am]
Connectionstraces to 9
Traces to 9 documents
U.S. Code
15 references not yet in our index
- 41 USC 47(a)(2)
- 41 CFR 51
- 41 USC 46-48c
- 353 F. Supp. 2d 1294
- 337 F.3d 1373
- 346 F. Supp. 2d 1312
- 360 F. Supp. 2d 1339
- 216 F.3d 1027
- 346 F. Supp. 2
- 360 F. Supp. 2
- 19 CFR 531.309
- 50 CFR 17.22(b)(5)
- 50 CFR 17.22
- 50 CFR 222.301
- 40 CFR 1501.7
Citation graph
cites case law
Notices
Proposed Additions to and Deletion from the Procurement List
F. Supp.353 F. Supp. 2d 1294
F. App'x337 F.3d 1373
F. Supp.346 F. Supp. 2d 1312
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