Unknown. Final Special Conditions

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

--- schema: federal-register doc_type: fedreg source_file: FR-2008-02-27.xml --- 73 39 Wednesday, February 27, 2008 Contents Agriculture Agriculture Department See Farm Service Agency See Rural Utilities Service Census Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10419-10420 E8-3649 Centers Centers for Medicare & Medicaid Services NOTICES Privacy Act; Systems of Records, 10450-10454 E8-3678 08-873 Coast Guard Coast Guard RULES Special Local Regulations for Marine Events:

Severn River, College Creek, Weems Creek and Carr Creek, Annapolis, MD, 10381-10383 E8-3718 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10458-10459 E8-3717 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration RULES Disclosure of Government Information, 10380-10381 E8-3573 Defense Defense Department See Navy Department Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 10424-10425 E8-3663 E8-3747 Employee Employee Benefits Security Administration PROPOSED RULES Reasonable Contracts or Arrangements Under Fee Disclosure; Hearing, 10405-10406 E8-3601 Employment Employment Standards Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10470-10471 E8-3640 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Energy Conservation Program for Consumer Products:

General Electric Co.; Energy Residential Refrigerator and Refrigerator-Freeze Test Procedure; Waiver, 10425-10427 E8-3686 Meetings: Environmental Management Site-Specific Advisory Board; Oak Ridge Reservation, 10428 E8-3688 Nuclear Science Advisory Committee, 10428 E8-3685 EPA Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans: Texas, 10383-10390 E8-3380 Cyfluthrin; Pesticide Tolerance, 10390-10396 E8-3393 Dibasic Esters; Tolerance Requirement Exemption, 10396-10398 E8-3492 Pyroxsulam;

Pesticide Tolerances, 10398-10402 E8-3490 PROPOSED RULES Clean Air Interstate Rule: Filing of Petition for Administrative Review, 10411 E8-3694 Outer Continental Shelf Air Regulations Consistency Update for Massachusetts, 10406-10411 E8-3614 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10430-10431 E8-3693 Confidential Business Information Access: Abt Associates, Inc., 10431-10432 E8-3249 Electronic Data Systems Corp., 10432 E8-3272 Meetings:

Coastal Elevations and Sea Level Rise Advisory Committee, 10432-10433 E8-3691 Permethrin; Amended Reregistration Eligibility Decision, 10433-10434 E8-3690 Pesticide Products; Registration Applications, 10434-10436 E8-3488 E8-3618 Sulfometuron Methyl Risk Assessments, 10436-10438 E8-3699 Tetramethrin Risk Assessments; Availability and Risk Reduction Options, 10438-10440 E8-3689 Farm Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10418 E8-3652 FAA Federal Aviation Administration RULES Special Conditions:

Boeing Model 787-8 Airplane; Operation without Normal Electrical Power, 10379-10380 E8-3714 FBI Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10468-10469 E8-3684 FCC Federal Communications Commission RULES Radio Broadcasting Service; Susanville, CA, 10402 E8-3704 PROPOSED RULES Cable Horizontal and Vertical Ownership Limits, 10411-10415 E8-3701 Federal Election Federal Election Commission NOTICES Special Election Filing Dates:

Twelfth Congressional District; California, 10440-10441 E8-3713 Federal Energy Federal Energy Regulatory Commission NOTICES Atlantic Path 15, LLC; Institution of Proceeding and Refund Effective Date, 10428 E8-3657 Combined Notice of Filings, 10428-10429 E8-3664 Issuance of Order: Kelson Energy III LLC, 10429-10430 E8-3656 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10507-10508 E8-3672 E8-3673 FMC Federal Maritime Commission NOTICES Agreement Filed, 10441 E8-3675 Ocean Transportation Intermediary License Applicants, 10441-10442 E8-3674 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 10442-10449 E8-3646 Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, 10449 E8-3636 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 10449-10450 E8-3635 E8-3651 FTC Federal Trade Commission PROPOSED RULES Trade Regulation Rule Relating to Power Output Claims for Amplifiers Utilized in Home Entertainment Products, 10403-10405 E8-3715 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants;

Northern Rocky Mountain Grey Wolf; Species Removed From Federal List of Endangered and Threatened Wildlife, 10514-10560 08-798 NOTICES Meetings: North American Wetlands Conservation Council; Neotropical Migratory Bird Conservation Advisory Group, 10461 E8-3687 Food Food and Drug Administration NOTICES Industry Organizations Interested in Pediatric Advisory Committee Nonvoting Industry Representative Selection Process Notification Request; Nominations, 10454-10455 E8-3719 Meetings:

Oncologic Drugs Advisory Committee Pediatric Oncology Subcommittee, 10455 E8-3676 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES Foreign-Trade Zone: Durant, OK, 10421 E8-3707 Fort Worth, TX, 10420-10421 E8-3710 Greensboro, NC, 10421-10422 E8-3709 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection NOTICES Meetings: Data Privacy and Integrity Advisory Committee, 10458 E8-3637 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10460-10461 E8-3632 Indian Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10461-10462 E8-3644 Industry Industry and Security Bureau NOTICES Meetings: Regulations and Procedures Technical Advisory Committee, 10422 E8-3660 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See National Park Service International International Trade Administration NOTICES Antidumping and Countervailing Duty Administrative Reviews Initiation, 10422-10423 E8-3706 Justice Justice Department See Federal Bureau of Investigation NOTICES Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 10468 E8-3650 Labor Labor Department See Employee Benefits Security Administration See Employment Standards Administration See Labor Statistics Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 10469-10470 E8-3639 MISSING FOR: Labor Statistics Bureau Labor Statistics Bureau NOTICES Solicitation of comments, 10471-10472 E8-3662 Land Land Management Bureau NOTICES Proposed Issuance of Recordable Disclaimer of Interest; Umatilla County, OR, 10462-10463 E8-3705 Millennium Millennium Challenge Corporation NOTICES Compact with the Government of the United Republic of Tanzania, 10472-10496 E8-3661 Minerals Minerals Management Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 10463-10465 E8-3654 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10423 E8-3648 NIH National Institutes of Health NOTICES Meetings: Center for Scientific Review, 10455-10456 08-853 National Institute of Allergy and Infectious Diseases, 10456 08-854 National Institute of Child Health and Human Development, 10456-10457 08-855 08-856 08-857 08-858 National Institute of Mental Health, 10457-10458 08-859 NOAA National Oceanic and Atmospheric Administration RULES Exclusive Economic Zone Off Alaska Fisheries;

Gulf of Alaska: 2008 and 2009 Final Harvest Groundfish Specifications, 10562-10590 E8-3531 PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska: Groundfish Fisheries of the Bering Sea and Aleutian Islands Management Area, 10415-10417 E8-3697 NOTICES Meetings: Atlantic Highly Migratory Species Advisory Panel, 10423-10424 E8-3695 National Park National Park Service NOTICES Intent to Prepare an Environmental Impact Statement: North Cascades National Park Service Complex, Lake Chelan National Recreation Area, WA, 10465-10467 08-841 National Science National Science Foundation NOTICES Meetings:

U.S. Chief Financial Officer Council Grants Policy Committee, 10496-10497 08-860 Navy Navy Department NOTICES Meetings: Board of Visitors of Marine Corps University, 10424 E8-3671 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 10497 08-886 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10508-10509 E8-3681 Postal Postal Service NOTICES Meetings; Sunshine Act, 10497-10498 08-890 RUS Rural Utilities Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 10418-10419 E8-3659 SEC Securities and Exchange Commission RULES Electronic Filing and Revision of Form D, 10592-10642 E8-3545 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10498-10503 E8-3621 E8-3622 E8-3623 E8-3624 E8-3665 E8-3666 E8-3667 E8-3669 Self-Regulatory Organizations; Proposed Rule Changes: Philadelphia Stock Exchange, Inc., 10503-10505 E8-3668 SBA Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 10505 E8-3670 Social Social Security Administration RULES Suspension of New Claims to the Federal Reviewing Official Review Level; Correction, 10381 E8-3645 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10505-10506 E8-3682 State State Department NOTICES Meetings: International Economic Policy Advisory Committee, 10507 E8-3696 Surface Surface Transportation Board NOTICES Common Carrier Obligation of Railroads, 10509-10510 E8-3712 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 10510-10511 E8-3655 E8-3692 Meetings: Advisory Committee on the Auditing Profession, 10511 E8-3653 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10459-10460 E8-3658 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 10514-10560 08-798 Part III Commerce Department, National Oceanic and Atmospheric Administration, 10562-10590 E8-3531 Part IV Securities and Exchange Commission, 10592-10642 E8-3545 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 73 39 Wednesday, February 27, 2008 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. NM378 Special Conditions No. 25-365-SC] Special Conditions: Boeing Model 787-8 Airplane;

Operation Without Normal Electrical Power AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final Special Conditions. SUMMARY: These special conditions are issued for the Boeing Model 787-8 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The Boeing Model 787-8 airplane will have numerous electrically operated systems whose function is needed for continued safe flight and landing of the airplane.

For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing standards. Additional special conditions have been issued for other novel or unusual design features of the Boeing Model 787-8 airplanes. DATES: Effective Date: March 28, 2008.

FOR FURTHER INFORMATION CONTACT: Stephen Slotte, FAA, Airplane & Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2315; facsimile

(425)227-1320. SUPPLEMENTARY INFORMATION: Background On March 28, 2003, Boeing applied for an FAA type certificate for its new Boeing Model 787-8 passenger airplane. The Boeing Model 787-8 airplane will be an all-new, two-engine jet transport airplane with a two-aisle cabin. The maximum takeoff weight will be 476,000 pounds, with a maximum passenger count of 381 passengers. Type Certification Basis Under provisions of 14 Code of Federal Regulations

(CFR)21.17, Boeing must show that Boeing Model 787-8 airplanes (hereafter referred to as “the 787”) meet the applicable provisions of 14 CFR part 25, as amended by Amendments 25-1 through 25-117, except §§ 25.809(a) and 25.812, which will remain at Amendment 25-115. If the Administrator finds that the applicable airworthiness regulations do not contain adequate or appropriate safety standards for the 787 because of a novel or unusual design feature, special conditions are prescribed under provisions of 14 CFR 21.16. In addition to the applicable airworthiness regulations and special conditions, the 787 must comply with the fuel vent and exhaust emission requirements of 14 CFR part 34 and the noise certification requirements of part 36. The FAA must also issue a finding of regulatory adequacy pursuant to section 611 of Public Law 92-574, the “Noise Control Act of 1972.” The FAA issues special conditions, as defined in § 11.19, under § 11.38, and they become part of the type certification basis under § 21.17(a)(2). Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same or similar novel or unusual design feature, the special conditions would also apply to the other model under § 21.101. Novel or Unusual Design Features The 787 will incorporate a number of novel or unusual design features, some of which have not been previously installed on large commercial aircraft. Because of these design features, these special conditions differ from similar previous special conditions for other airplane models. Because of rapid improvements in airplane technology, the applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. These special conditions for the 787 contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. In addition to an electronic flight control system, a number of systems that have traditionally been pneumatically or mechanically operated have been implemented as electrically powered systems on the 787. Examples include the hydraulic power, equipment cooling, wing anti-ice, and auxiliary power unit

(APU)and engine start systems. The criticality of some of these systems is such that their failure would either reduce the capability of the airplane or the ability of the crew to cope with adverse operating conditions, or prevent continued safe flight and landing of the airplane. The airworthiness standards of part 25 do not contain adequate or appropriate standards for protection of these systems from the adverse effects of operation without normal electrical power. The current rule, 14 CFR 25.1351(d), Amendment 25-72, requires safe operation under visual flight rules

(VFR)conditions for at least five minutes after loss of all normal electrical power. This rule was structured around traditional airplane designs that used mechanical control cables and linkages for flight control. These manual controls allowed the crew to maintain aerodynamic control of the airplane for an indefinite period of time after loss of all electrical power. Under those conditions, the mechanical flight control system provided the crew with the ability to fly the airplane while attempting to identify the cause of the electrical failure, start the engine(s) if necessary, and reestablish some of the electrical power generation capability, if possible. To maintain the same level of safety associated with traditional designs, Boeing must design the 787 for operation with the normal sources of engine- and auxiliary-power-unit (APU)-generated electrical power not working. Service experience has shown that loss of all electrical power from the airplane's engine- and APU-driven generators is not extremely improbable. Thus, Boeing must show that the airplane is capable of recovering adequate primary electrical power generation for safe flight and landing. This demonstration would provide that the ability to restore operation of portions of the electrical power generation capability would be considered if unrecoverable loss of those portions is shown to be extremely improbable. An alternative source of electrical power would have to be provided for the time necessary to restore the minimum power generation capability necessary for safe flight and landing. Discussion of Comments Notice of Proposed Special Conditions No. 25-07-11-SC for the 787 was published in the **Federal Register** on October 16, 2007 (72 FR 58560). No comments were received on this proposal, and we are issuing these special conditions as proposed. Applicability As discussed above, these special conditions are applicable to the 787. Should Boeing apply at a later date for a change to the type certificate to include another model on the same type certificate incorporating the same novel or unusual design features, these special conditions would apply to that model as well. Conclusion This action affects only certain novel or unusual design features of the 787. It is not a rule of general applicability. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. The Special Conditions Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for the Boeing Model 787-8 airplane. In lieu of the requirements of 14 CFR 25.1351(d), the following special conditions apply:

(1)The applicant must show by test or a combination of test and analysis that the airplane is capable of continued safe flight and landing with all normal sources of engine- and auxiliary-power-unit (APU)-generated electrical power inoperative, as prescribed by paragraphs (1)(a) and (1)(b) below. For purposes of this special condition, normal sources of electrical power generation do not include any alternate power sources such as the battery, ram air turbine (RAT), or independent power systems such as the flight control permanent magnet generating system. In showing capability for continued safe flight and landing, consideration must be given to systems capability, effects on crew workload and operating conditions, and the physiological needs of the flightcrew and passengers for the longest diversion time for which approval is sought.

(a)Common cause failures, cascading failures, and zonal physical threats must be considered in showing compliance with this requirement.

(b)In showing compliance with this requirement, the ability to restore operation of portions of the electrical power generation and distribution system may be considered if it can be shown that unrecoverable loss of those portions of the system is extremely improbable. An alternative source of electrical power must be provided for the time required to restore the minimum electrical power generation capability required for safe flight and landing. (Unrecoverable loss of all engines may be excluded when showing that unrecoverable loss of critical portions of the electrical system is extremely improbable.)

(2)Regardless of any electrical generation and distribution system recovery capability shown under paragraph 1, sufficient electrical system capability must be provided—

(a)to allow time to descend, with all engines inoperative, at the speed that provides the best glide slope, from the maximum operating altitude to the altitude at which the soonest possible engine restart could be accomplished, and

(b)to subsequently allow multiple start attempts of the engines and APU. This capability must be provided in addition to the electrical capability required by existing part 25 requirements related to operation with all engines inoperative.

(3)The electrical energy used by the airplane in descending with engines inoperative from the maximum operating altitude at the best glide slope, and in making multiple attempts to start the engines and APU, must be considered when showing compliance with paragraphs

(1)and

(2)of these special conditions and with existing 14 CFR part 25 requirements related to continued safe flight and landing. Issued in Renton, Washington, on February 13, 2008. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-3714 Filed 2-26-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF COMMERCE Office of the Secretary 15 CFR Part 4 [Docket No. 050516131-5131-01] RIN 0605-AA19 Disclosure of Government Information AGENCY: Office of the Secretary, Department of Commerce. ACTION: Final rule. SUMMARY: This document amends the Department of Commerce's (Department) Privacy Act

(PA)regulations (15 CFR Part 4) by adding an additional method of authorization to determine the identification of individuals seeking access to records under the Privacy Act, consistent with 28 U.S.C. 1746, which permits statements to be made under penalty of perjury as a substitute for notarization. DATES: Effective February 27, 2008. FOR FURTHER INFORMATION CONTACT: Brenda Dolan, 202-482-3258. SUPPLEMENTARY INFORMATION: 15 CFR 4.24(d)(2) of the Department of Commerce's regulations implementing the Privacy Act (5 U.S.C. 552a) provides that individuals seeking access to their records under the Privacy Act must provide notarized proof of identity. In order to create an additional method of verifying identity, we are amending section 4.24(d)(2) to provide that statements made under penalty of perjury may be submitted as a substitute for notarization to determine the identification of individuals seeking access to records under the Privacy Act, consistent with 28 U.S.C. 1746. Classification It has been determined that this notice is not significant for purposes of E.O. 12866. *Administrative Procedure Act:* The rulemaking requirements pursuant to 5 U.S.C. 553 do not apply to rules of agency organization, procedure or practice. This rule amends the Department's Privacy Act regulations by adding an additional method of authorization to determine the identification of individuals seeking access to records under the Privacy Act. Because this action addresses agency procedures and practice, the rulemaking requirements of the Administrative Procedure Act do not apply. *Regulatory Flexibility Act:* 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 is not required and has not been prepared. *Paperwork Reduction Act:* This document does not contain a collection-of-information requirement subject to the Paperwork Reduction Act (PRA). 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 Paperwork Reduction Act unless that collection displays a currently valid OMB Control Number. List of Subjects in 15 CFR Part 4 Freedom of information, Privacy. For the reasons set forth in the preamble, amend part 45 of title 14 of the Code of Federal Regulations as follows: PART 4—DISCLOSURE OF GOVERNMENT INFORMATION 1. The authority citation for part 4 continues to read as follows: Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 552a; 5 U.S.C. 553; 31 U.S.C. 3717; 44 U.S.C. 3101; Reorganization Plan No. 5 of 1950. § 4.24 [Amended] 2. Amend § 4.24(d)(2) to revise to read as follows:

(d)* * *

(2)*Not in person.* If the individual making a request does not appear in person before a Privacy Officer or other employee authorized to determine identity, then identity must be determined by:

(i)A certification of a notary public or equivalent officer empowered to administer oaths must accompany the request under the circumstances prescribed in § 4.23(b)(9). The certification in or attached to the letter must be substantially in accordance with the following text: City of ____ County of ____. (Name of individual), who affixed

(her)signature below in my presence, came before me, a (title), in and for the aforesaid County and State, this __ day of __, 20_, and established

(her)identity to my satisfaction. My commission expires ____. Signature: ______.; or

(ii)Statement of identity made under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization. Dated: February 20, 2008. Brenda Dolan, Departmental Freedom of Information and Privacy Act Officer. [FR Doc. E8-3573 Filed 2-26-08; 8:45 am] BILLING CODE 3510-17-P SOCIAL SECURITY ADMINISTRATION [Docket No. SSA-2007-0045] 20 CFR Parts 404, 405 and 416 RIN 0960-AG53 Suspension of New Claims to the Federal Reviewing Official Review Level; Correction AGENCY: Social Security Administration. ACTION: Final rule; correction. SUMMARY: The Social Security Administration is correcting a final rule that appeared in the **Federal Register** on January 15, 2008 (73 FR 2411). The document amends our disability administrative adjudication processes to suspend new claims to the Federal reviewing official (FedRO) level, now operating in the Boston region. Claims already transferred to the Office of the Federal Reviewing Official (OFedRO) for FedRO review will continue to be processed by the OFedRO and a related component of the disability determination process, the Medical and Vocational Expert System (MVES), commonly known as the Office of Medical and Vocational Expertise (OMVE). DATES: This correction is effective February 27, 2008. FOR FURTHER INFORMATION CONTACT: Dean S. Landis, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401,

(410)965-0520 for information about this notice. For information on eligibility or filing for benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet site, Social Security Online, at *http://www.socialsecurity.gov* . SUPPLEMENTARY INFORMATION: The final rule had an effective date of March 15, 2008. The Congressional Review Act requires a 60-day delay in the effective date of a major rule from the date of publication in the **Federal Register** or receipt of the rule by Congress, whichever is later. (5 U.S.C. 801(a)(3)(A).) The rule was published on January 15, 2008, but it was not received by Congress until January 23, 2008. Therefore, the rule did not have the required 60-day delay in its effective date. Therefore, in FR Doc. E8-148 appearing on page 2411 in the **Federal Register** of Tuesday, January 15, 2008, the following corrections are made: 1. On page 2411, in the first column, in the DATES caption, “March 15, 2008” is corrected to read “March 23, 2008”. § 405.240 [Corrected] 2. On page 2415, in the second column, in § 405.240, in paragraph (a), “March 17, 2008” is corrected to read “March 23, 2008”. Paul Kryglik, Social Security Regulations Officer. [FR Doc. E8-3645 Filed 2-26-08; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG-2007-0076] RIN 1625-AA08 Special Local Regulations for Marine Events; Severn River, College Creek, Weems Creek and Carr Creek, Annapolis, MD AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is suspending the special local regulations for an event in our regulation for Severn River, College Creek, Weems Creek and Carr Creek, Annapolis, Maryland and establishing a new temporary date for that event. This rulemaking is intended to accommodate a change in event date for the year 2008. The marine event set out in this temporary rule includes the Safety at Sea Seminar sponsored by the U.S. Naval Academy. This rule is intended to restrict vessel traffic in portions of the Severn River during the period of this marine event and is necessary to provide for the safety of life on navigable waters during the event. DATES: This rule is effective from March 21, 2008, through March 31, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG-2007-0076 and are available online at *www.regulations.gov.* They are also available for inspection or copying two locations: the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays, and Commander (dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9 a.m. and 2 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call Dennis Sens, Project Manager, Fifth Coast Guard District, Prevention Division, at

(757)398-6204. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking

(NPRM)for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. Publishing an NPRM would be impracticable and contrary to public interest since immediate action is needed to minimize potential danger to the public during the event. The danger posed by life raft demonstrations, pyrotechnics live-fire exercise, and a helicopter rescue makes special local regulations necessary to provide for the safety of event participants including persons in the water and support craft, spectator craft and other vessels transiting the event area. For the safety concerns noted, it is in the public interest to have these regulations in effect during the event. The Coast Guard will issue broadcast notice to mariners to advise vessel operators of navigational restrictions. On scene Coast Guard and local law enforcement vessels will also provide actual notice to mariners. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . Background and Purpose For 2008, we will suspend 33 CFR 100.518 and issue a temporary rule to accommodate changes to the enforcement period for a U.S. Naval Academy sponsored marine event. The date for the Safety at Sea marine event will be March 29, 2008, the fifth Saturday in March, instead of the fourth Saturday in March as currently stated in 33 CFR 100.518. The event will be enforced from 11 a.m. to 2 p.m. and if the event's daily activities should conclude prior to 2 p.m., enforcement of this temporary regulation may be terminated for that day at the discretion of the Patrol Commander. The U.S. Naval Academy who is the sponsor for this event intends to hold it annually on the dates provided in 33 CFR 100.518, however, in 2008, this is not possible. To accommodate the availability of the various marine event participants a new date was necessary to support the conduct of the event. Discussion of Rule The Coast Guard is suspending the regulations at 33 CFR 100.518 on from March 21, 2008, until March 31, 2008, and establishing a temporary paragraph 100.518(c)(1)(iv) that will be in effect during the time of the suspension in its place. The suspension and creation of a new temporary paragraph is necessary to reflect a new enforcement date. This change is needed to control vessel traffic during the event to enhance the safety of participants, spectators and transiting vessels. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this temporary rule to be so minimal that a full Regulatory Evaluation is unnecessary. The effect of this rule merely amends the dates on which the existing regulations would be enforced. It would not impose any additional restrictions on vessel traffic. Additionally, Coast Guard Sector Baltimore Waterway Branch will conduct outreach with local area maritime stakeholders to apprise them of this change to help facilitate adjustment of their waterway use plans accordingly. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This temporary rule would affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit or anchor in a portion of the Severn River during the event. This temporary rule would not have a significant economic impact on a substantial number of small entities for the following reasons. This rule merely establishes the dates on which the existing regulations would be enforced. It would not impose any additional restrictions on vessel traffic. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD which guides the Coast Guard in complying with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(h), of the Instruction, from further environmental documentation. Under figure 2-1, paragraph (34)(h), of the Instruction, an “Environmental Analysis Check List” and a “Categorical Exclusion Determination” are not required for this rule. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. Words of Issuance and Regulatory Text For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233. 2. From March 21, 2008 until March 31, 2008, suspend § 100.518(c). 3. From March 21, 2008 until March 31, 2008, add temporary § 100.518(d) to read as follows:

(d)*Enforcement period.*

(1)This section will be enforced from 5 a.m. to 6 p.m. on days when the following events are held:

(i)Safety at Sea Seminar, March 29, 2008;

(ii)Naval Academy Crew Races held on the last weekend in March and every weekend in April and May;

(iii)Blue Angels Air Show, held on the fourth Tuesday and Wednesday in May.

(2)Should the event's daily activities conclude prior to 6 p.m., enforcement of this section may be terminated for that day at the discretion of the Coast Guard Patrol Commander.

(3)The Commander, Fifth Coast Guard District will publish a notice in the Fifth Coast Guard District Local Notice to Mariners announcing the specific event dates and times. Notice will also be made via marine Safety Radio Broadcast on VHF-FM marine band radio channel 22 (157.1 MHz). Dated: February 6, 2008. Fred M. Rosa, Jr., Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E8-3718 Filed 2-26-08; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2005-TX-0015; FRL-8532-1] Approval and Promulgation of Air Quality Implementation Plans; Texas; Revisions To Control Volatile Organic Compound Emissions; Volatile Organic Compound Control for El Paso, Gregg, Nueces, and Victoria Counties and the Ozone Standard Nonattainment Areas of Beaumont/Port Arthur, Dallas/Fort Worth, and Houston/Galveston AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is approving certain control measures adopted by the State of Texas on the following dates: September 7, 2001, July 18, 2002, January 28, 2003, November 7, 2003, and December 17, 2004. The effect of this action is to finalize the proposed approval of these measures published on September 28, 2006 in the **Federal Register** (71 FR 56920) because they enhance the Texas VOC Reasonably Available Control Technology

(RACT)State Implementation Plan

(SIP)by improving volatile organic compound

(VOC)emission controls in Texas. This action is being taken under Section 110(l) and part D of the Clean Air Act. DATES: This rule will be effective on March 28, 2008. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2005-TX-0015. All documents in the docket are listed on the *www.regulations.gov* Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at the Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made available by appointment for public inspection in the Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. Contact the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an appointment. If possible, please make the appointment at least two working days in advance of your visit. There will be a 15 cents per page fee for making photocopies of documents. On the day of the visit, please check in at the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas. FOR FURTHER INFORMATION CONTACT: Ellen Belk, Air Planning Section, (6PD-L), Environmental Protection Agency (EPA), Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone number:

(214)665-2164; fax number:

(214)665-7263; e-mail address: *belk.ellen@epa.gov.* SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. Comments Received on EPA's Proposal and EPA's Response III. Final Action IV. Statutory and Executive Order Reviews Definitions For the purpose of this document, we are giving meaning to certain words or initials as follows:

(i)The words or initials *Act* or *CAA* mean or refer to the Clean Air Act, unless the context indicates otherwise.

(ii)The words *EPA, we, us,* or *our* mean or refer to the United States Environmental Protection Agency.

(iii)The initials *SIP* mean or refer to State Implementation Plan.

(iv)The words *State* or *Texas* mean the State of Texas, unless the context indicates otherwise. I. Background On September 7, 2001, July 18, 2002, January 28, 2003, November 7, 2003, and December 17, 2004, the State of Texas submitted revised rules for incorporation into the Texas VOC RACT SIP. The SIP revisions include additions and amendments to Title 30 of the Texas Administrative Code, Chapter 115, Control of Air Pollution from Volatile Organic Compounds (30 TAC 115). The State of Texas adopted these rules as revisions to the approved SIP. The State rules

(1)add new requirements to control VOC emissions from industrial wastewater systems in El Paso County, the Beaumont/Port Arthur and Houston/Galveston 8-hour ozone standard nonattainment areas, and four counties in the Dallas/Fort Worth 8-hour ozone standard nonattainment area: Collin, Dallas, Denton, and Tarrant Counties, and

(2)amend requirements to identify and correct emissions from VOC leaks from facilities that refine petroleum or process natural gas, gasoline or petrochemicals in these areas and from petroleum refineries in Gregg, Nueces, and Victoria Counties. On September 28, 2006, we published

(1)a direct final rule approving revisions to Texas regulations to control VOC emissions and making ministerial corrections to the table in 40 CFR 52.2270(c) (71 FR 56872) and

(2)a proposal for the rule (71 FR 56920). The rule and proposal stated that if any relevant adverse comments were received by the end of the public comment period on October 30, 2006, the direct final rule would be withdrawn and we would respond to the comments in a subsequent final action. Relevant adverse comments were received during the comment period, and the direct final rule was withdrawn on November 21, 2006 (71 FR 67311). Our September 28, 2006 proposal (71 FR 56920) provides the basis for today's final action. II. Comments Received on EPA's Proposal and EPA's Response EPA received one letter commenting on the September 28, 2006, direct-final rule and proposal. The comments in the letter can be placed in two categories:

(1)Comment on leak repair, and

(2)comment on monitoring.

(1)Comment on Leak Repair *Comment:* The commenter stated that, while there are a number of provisions strengthening controls of VOC monitoring and reporting requirements in the proposal, there are also a number of provisions that appear to weaken controls, and was concerned that these provisions may result in the emission of additional VOCs, thereby further jeopardizing reaching attainment in ozone nonattainment areas. The commenter was concerned the provisions allowing additional time for leak repair in situations involving installation of improved technologies may result in significant emissions during the repair delay. The specific revision of concern discussed fugitive emission control requirements for delay of leak repairs (30 TAC 115.352). The commenter stated that “While the goal of this provision appears to be encouraging installation of improved technologies to prevent future leaks, * * * VOC emissions during the repair delay could be significant.” *Response:* EPA agrees with the commenter that these rules include a number of provisions improving controls of volatile organic compounds, monitoring and reporting requirements, but disagrees with the commenter that the revisions may result in increased VOC emissions that jeopardize attainment. To the contrary, the revisions do not weaken controls but provide for a more focused and targeted approach in the VOC inspection and monitoring program taking into account safety and better monitoring methods. The provisions allow delay of repair for pumps, compressors, or agitators when an owner/operator chooses to replace existing seal designs with upgraded technologies (30 TAC 115.352(2)(C)). When the repair of a pump, compressor, or agitator will include an upgraded seal design, the repair must be completed as soon as practicable, but not later than six months after the leak is detected. Overall, this revision will result in fewer and smaller leaks by winnowing out components that repeatedly leak. 1 EPA's guidelines for New Source Performance Standards and RACT allow for delay of repair, recognizing the value of replacement of components that repeatedly leak. 2, 3 It is recognized in the field that individual leaks are not likely to become excessive due to considerations of safety and product loss. Companies that choose to replace repeatedly leaking components with the upgraded seal technologies that do not continually leak will be able to have the time to install the better, more effective technology that results in fewer emissions in the long term, as opposed to quickly repairing the equipment and continuing operation with less effective methods of preventing leaks. 1 EPA Environmental Regulations and Technology, “Fugitive VOC Emissions in the Synthetic Organic Chemicals Manufacturing Industry”, EPA-625/10-84-004, pages 15-16, 20. 2 40 CFR part 60, Subpart GGG. 3 EPA Guideline Series, “Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment”, EPA-450/2-78-036, pages 1-2, 2-1, 2-2, and 6-5.

(2)Comment on Monitoring *Comment:* The commenter was concerned about the revisions to monitoring requirements for flanges, and questioned whether the provisions for monitoring were a relaxation. The specific revision of concern addressed monitoring for leaks (30 TAC 115.354 and 115.357) in petroleum refining and petrochemical processing facilities. The commenter was concerned that this revision relaxes monitoring requirements and will allow VOC emissions to go undetected. *Response:* The monitoring provisions for flanges allow flanges to be excluded from weekly sight, sound, or smell inspection requirements if they are monitored at least once each calendar year using EPA Method 21, or if they are unsafe to inspect. If a flange is not safe to inspect, then it must be inspected as soon as possible during a time that it is safe to inspect. Annual monitoring of flanges with EPA Method 21 is better for detecting leaks than weekly visual, audible, and/or olfactory inspections since it is more sensitive and accurate in identifying VOC leaks. The Method 21 instrument will detect not only the leaks likely to be detected by sight, sound, and smell, but also smaller leaks which may have previously been undetected by sight, sound, and smell. 4 4 40 CFR part 60, Appendix A. Overall, greater emission reductions are expected as a result of annual monitoring with Method 21. Test Method 21 is a long established, reproducible method which allows for the use of new technologies as it does not mandate the use of a specific instrument. 5 Safety requirements are an inherent aspect of this Method. The Method identifies the reagents, standards, and the calibration performance evaluation procedures. The Method has been in use since May 1981. Method 21 includes requirements for sample collection, preservation, storage, custody, and transport requirements for reproducibility purposes that enhance both the detection and enforcement aspects of the program. The Method contains quality control measures that will ensure precision and accuracy of instrument response to reference standard. For these reasons, EPA disagrees that the monitoring provisions are a relaxation of the rule. These monitoring provisions encourage facilities to use the more sensitive and more accurate Method 21 for inspecting for leaks, which will lead to better leak detection and consequently, to reduced emissions. 5 EPA-600/2081-022 Office of Research and Development prepared by Industrial Environmental Research, RTP, NC 27711; and EPA-625/R-92-003 Office of Technology Transfer, Seminar Publication Organic Air Emissions from Waste Management Facilities. III. Final Action We have carefully considered the comments received and still believe we should approve the SIP revisions submitted by Texas. The revisions enhance VOC emission controls. The control of VOC emissions will help to attain and maintain the 8-hour national ambient air quality standard (NAAQS) for ozone in Texas. Our approval of the revisions will not interfere with any applicable requirement concerning attainment or any other applicable requirement of the CAA in compliance with the requirements of section 110(l) of the CAA. Under section 110(l) EPA may not approve a SIP revision if the revision would interfere with any applicable requirement concerning attainment or any other applicable requirement of the CAA, including RACT. This approval will make the revised regulations federally enforceable. EPA is approving the SIP revisions included in the submittals by the State of Texas on

(1)September 7, 2001,

(2)July 18, 2002,

(3)January 28, 2003,

(4)November 7, 2003, and

(5)December 17, 2004, pertaining to control of VOC emissions. These SIP revisions were adopted by the State of Texas on the following dates:

(1)August 8, 2001,

(2)April 26, 2002,

(3)December 13, 2002,

(4)October 22, 2003, and

(5)December 1, 2004. We are also making ministerial corrections to the table in 40 CFR 52.2270(c) to reflect accurately previous approved SIP submittal dates, **Federal Register** citations of EPA action and EPA approved State regulations. The ministerial corrections revise the table entries for sections 115.125, 115.146, 115.148, 115.162, 115.163, 115.164, and 115.165 to reflect EPA approval of these State regulations on December 20, 2000 (65 FR 79745) and July 16, 2001 (66 FR 36913). Table entries for section 115.332 to 115.339, and section 115.342 to 115.349 are being removed to reflect EPA approval of the repeal of these State regulations on January 26, 1999 (64 FR 3841). IV. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason and because this action will not have a significant, adverse effect on the supply, distribution, or use of energy, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects 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, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it is not economically significant. Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive policy on environmental justice. Because this rule merely approves a state rule implementing a Federal standard, EPA lacks the discretionary authority to modify today's regulatory decision on the basis of environmental justice considerations. In reviewing SIP submissions under the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note), EPA's role is to approve state choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by *April 28, 2008* . Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 *et seq.* Dated: February 13, 2008. Richard E. Greene, Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart SS—Texas 2. The table in § 52.2270(c) entitled “EPA Approved Regulations in the Texas SIP” is amended under Chapter 115 (Reg 5) as follows: a. By revising Subchapter B—General Volatile Organic Compound Sources. b. By revising Subchapter D—Petroleum Refining and Petrochemical Processes. c. By revising Subchapter F—Miscellaneous Industrial Sources. d. By revising Subchapter J—Administrative Provisions. The amendments read as follows: § 52.2270 Identification of plan.

(c)* * * EPA-Approved Regulations in the Texas SIP State citation Title/subject State approval/submittal date EPA approval date Explanation * * * * * * * Chapter 115 (Reg 5)—Control of Air Pollution From Volatile Organic Compounds * * * * * * * Subchapter B—General Volatile Organic Compound Sources Division 1: Storage of Volatile Organic Compounds Section 115.112 Control Requirements 05/08/92 03/07/95, 60 FR 12438 Section 115.113 Alternate Control Requirements 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.114 Inspection Requirements 05/08/92 03/07/95, 60 FR 12438 Section 115.115 Approved Test Methods 05/08/92 03/07/95, 60 FR 12438 Section 115.116 Monitoring and Recordkeeping Requirements 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.117 Exemptions 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.119 Counties and Compliance Schedules 05/08/92 03/07/95, 60 FR 12438 Division 2: Vent Gas Control Section 115.120 Vent Gas Definitions 12/13/02 02/27/08 [Insert *FR* page number where document begins] Section 115.121 Emission Specifications 12/13/02 02/27/08 [Insert *FR* page number where document begins] Section 115.122 Control Requirements 12/13/02 02/27/08 [Insert *FR* page number where document begins] Section 115.123 Alternate Control Requirements 12/13/02 02/27/08 [Insert *FR* page number where document begins] Section 115.125 Testing Requirements 12/06/00 07/16/01, 66 FR 36913 Section 115.126 Monitoring and Recordkeeping Requirements 12/13/02 02/27/08 [Insert *FR* page number where document begins] Section 115.127 Exemptions 12/13/02 02/27/08 [Insert *FR* page number where document begins] Section 115.129 Counties and Compliance Schedules 12/13/02 02/27/08 [Insert *FR* page number where document begins] Division 3: Control of Volatile Organic Compound Leaks from Transport Vessels Section 115.131 Emission Specifications 05/04/94 05/22/97, 62 FR 27964 Section 115.132 Control Requirements 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.133 Alternate Control Requirements 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.135 Testing Requirements 05/04/94 05/22/97, 62 FR 27964 Section 115.136 Monitoring and Recordkeeping Requirements 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.137 Exemptions 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.139 Counties and Compliance Schedules 04/26/02 02/27/08 [Insert *FR* page number where document begins] Division 4: Industrial Wastewater Section 115.140 Industrial Wastewater Definitions 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.142 Control Requirements 12/13/02 02/27/08 [Insert *FR* page number where document begins] Section 115.143 Alternate Control Requirements 12/13/02 02/27/08 [Insert *FR* page number where document begins] Section 115.144 Inspection and Monitoring Requirements 12/13/02 02/27/08 [Insert *FR* page number where document begins] Section 115.145 Approved Test Methods 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.146 Recordkeeping Requirements 10/27/99 12/20/00, 65 FR 79745 Section 115.147 Exemptions 12/13/02 02/27/08 [Insert *FR* page number where document begins] Section 115.148 Training Requirements 10/27/99 12/20/00, 65 FR 79745 Section 115.149 Counties and Compliance Schedules 12/13/02 02/27/08 [Insert *FR* page number where document begins] Division 5: Municipal Solid Waste Landfills Section 115.152 Control Requirements 05/04/94 05/22/97, 62 FR 27964 Section 115.153 Alternate Control Requirements 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.155 Approved Test Methods 05/04/94 05/22/97, 62 FR 27964 Section 115.156 Monitoring and Recordkeeping Requirements 05/04/94 05/22/97, 62 FR 27964 Section 115.157 Exemptions 05/04/94 05/22/97, 62 FR 27964 Section 115.159 Counties and Compliance Schedules 04/26/02 02/27/08 [Insert *FR* page number where document begins] Division 6: Batch Processes Section 115.160 Batch Process Definitions 12/13/02 02/27/08 [Insert *FR* page number where document begins] Section 115.161 Applicability 12/13/02 02/27/08 [Insert *FR* page number where document begins] Section 115.162 Control Requirements 12/06/00 07/16/01, 66 FR 36913 Section 115.163 Alternate Control Requirements 10/27/99 12/20/00, 65 FR 79745 Section 115.164 Determination of Emissions and Flow Rates 12/06/00 07/16/01, 66 FR 36913 Section 115.165 Approved Test Methods and Testing Requirements 12/06/00 07/16/01, 66 FR 36913 Section 115.166 Monitoring and Recordkeeping Requirements 12/13/02 02/27/08 [Insert *FR* page number where document begins] Section 115.167 Exemptions 12/13/02 02/27/08 [Insert *FR* page number where document begins] Section 115.169 Counties and Compliance Schedules 04/26/02 02/27/08 [Insert *FR* page number where document begins] * * * * * * * Subchapter D—Petroleum Refining, Natural Gas Processing, and Petrochemical Processes Division 1: Process Unit Turnaround and Vacuum-Producing Systems in Petroleum Refineries Section 115.311 Emission Specifications 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.312 Control Requirements 12/13/02 02/27/08 [Insert *FR* page number where document begins] Section 115.313 Alternate Control Requirements 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.315 Testing Requirements 05/08/92 03/07/95, 60 FR 12438 Section 115.316 Monitoring and Recordkeeping Requirements 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.317 Exemptions 05/08/92 03/07/95, 60 FR 12438 Section 115.319 Counties and Compliance Schedules 04/26/02 02/27/08 [Insert *FR* page number where document begins] Division 2: Fugitive Emission Control in Petroleum Refineries in Gregg, Nueces, and Victoria Counties Section 115.322 Control Requirements 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.323 Alternate Control Requirements 08/08/01 02/27/08 [Insert *FR* page number where document begins] Section 115.324 Inspection Requirements 05/08/02 03/07/95, 60 FR 12438 Section 115.325 Testing Requirements 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.326 Recordkeeping Requirements 12/13/02 02/27/08 [Insert *FR* page number where document begins] Section 115.327 Exemptions 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.329 Counties and Compliance Schedules 08/08/01 02/27/08 [Insert *FR* page number where document begins] Division 3: Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical Processes in Ozone Nonattainment Areas Section 115.352 Control Requirements 12/01/04 02/27/08 [Insert *FR* page number where document begins] Section 115.353 Alternate Control Requirements 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.354 Monitoring and Inspection Requirements 12/01/04 02/27/08 [Insert *FR* page number where document begins] Section 115.355 Approved Test Methods 12/01/04 02/27/08 [Insert *FR* page number where document begins] Section 115.356 Recordkeeping Requirements 12/01/04 02/27/08 [Insert *FR* page number where document begins] Section 115.357 Exemptions 12/01/04 02/27/08 [Insert *FR* page number where document begins] Section 115.359 Counties and Compliance Schedules 12/01/04 02/27/08 [Insert *FR* page number where document begins] * * * * * * * Subchapter F—Miscellaneous Industrial Sources Division 1: Cutback Asphalt Section 115.510 Cutback Asphalt Definitions 08/31/99 12/22/99, 64 FR 71670 Section 115.512 Control Requirements 11/17/04 3/29/05, 70 FR 15769 Section 115.513 Alternative Control Requirements 08/31/99 12/22/99, 64 FR 71670 Section 115.515 Testing Requirements 08/31/99 12/22/99, 64 FR 71670 Section 115.516 Recordkeeping Requirements 11/17/04 3/29/05, 70 FR 15769 Section 115.517 Exemptions 11/17/04 3/29/05, 70 FR 15769 Ref 52.2299(c)(88). Section 115.519 Counties and Compliance Schedules 11/17/04 3/29/05, 70 FR 15769 Ref 52.2299(c)(88). Division 2: Pharmaceutical Manufacturing Facilities Section 115.531 Emission Specifications 05/04/94 05/22/97, 62 FR 27964 Section 115.532 Control Requirements 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.533 Alternate Control Requirements 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.534 Inspection Requirements 05/04/94 05/22/97, 62 FR 27964 Section 115.535 Testing Requirements 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.536 Monitoring and Recordkeeping Requirements 05/04/94 05/22/97, 62 FR 27964 Section 115.537 Exemptions 05/04/94 05/22/97, 62 FR 27964 Section 115.539 Counties and Compliance Schedules 04/26/02 02/27/08 [Insert *FR* page number where document begins] Division 3: Degassing or Cleaning of Stationary, Marine, and Transport Vessels Section 115.541 Emission Specifications 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.542 Control Requirements 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.543 Alternate Control Requirements 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.544 Inspection Requirements 05/04/94 05/22/97, 62 FR 27964 Section 115.545 Approved Test Methods 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.546 Monitoring and Recordkeeping Requirements 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.547 Exemptions 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.549 Counties and Compliance Schedules 04/26/02 02/27/08 [Insert *FR* page number where document begins] Division 4: Petroleum Dry Cleaning Systems Section 115.552 Control Requirements 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.553 Alternate Control Requirements 05/04/94 05/22/97, 62 FR 27964 Section 115.555 Testing Methods and Procedures 05/04/94 05/22/97, 62 FR 27964 Section 115.556 Recordkeeping Requirements 05/04/94 05/22/97, 62 FR 27964 Section 115.557 Exemptions 05/04/94 05/22/97, 62 FR 27964 Section 115.559 Counties and Compliance Schedules 04/26/02 02/27/08 [Insert *FR* page number where document begins] * * * * * * * Subchapter J—Administrative Provisions Division 1: Alternate Means of Control Section 115.901 Insignificant Emissions 07/13/94 05/22/97, 62 FR 27964 Section 115.910 Availability of Alternate Means of Control 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.911 Criteria for Approval of Alternate Means of Control Plans 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.912 Calculations for Determining Alternate Means of Control Reductions 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.913 Procedures for Alternate Means of Control Plan Submittal 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.914 Procedures for an Alternate Means of Control Plan Approval 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.915 Public Notice Format 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.916 Review of Approved Alternate Means of Control Plans and Termination of Alternate Means of Control Plans 04/26/02 02/27/08 [Insert *FR* page number where document begins] Division 2: Early Reductions Section 115.920 Applicability 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.923 Documentation 04/26/02 02/27/08 [Insert *FR* page number where document begins] Division 3: Compliance and Control Plan Requirements Section 115.930 Compliance Dates 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.932 Congtrol Plan Procedure 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.934 Control Plan Deviation 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.936 Reporting Procedure 11/10/93 05/22/97, 62 FR 27964 Section 115.940 Equivalency Determination 04/26/02 02/27/08 [Insert *FR* page number where document begins] Section 115.950 Use of Emissions Credits for Compliance 12/06/00 09/06/06, 71 FR 52698 * * * * * * * [FR Doc. E8-3380 Filed 2-26-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2006-0857; FRL-8350-3] Cyfluthrin; Pesticide Tolerance AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This regulation establishes tolerances for residues of cyfluthrin in or on grass, forage, fodder and hay group 17, forage at 12 ppm; grass, forage, fodder and hay, group 17, hay at 50 ppm; beet, sugar, roots at 0.10 ppm; and beet, sugar, dried pulp at 1.0 ppm. Interregional Research Project Number 4 (IR-4), and Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective February 27, 2008. Objections and requests for hearings must be received on or before April 28, 2008, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION) . ADDRESSES: EPA has established a docket for this action under docket identification

(ID)number EPA-HQ-OPP-2006-0857. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. All documents in the docket are listed in the docket index available in regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information

(703)305-5805. FOR FURTHER INFORMATION CONTACT: Shaja R. Brothers, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)308-3194; e-mail address: brothers.shaja *@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to those engaged in the following activities: • Crop production (NAICS code 111), e.g., agricultural workers; greenhouse, nursery, and floriculture workers; farmers. • Animal production (NAICS code 112), e.g., cattle ranchers and farmers, dairy cattle farmers, livestock farmers. • Food manufacturing (NAICS code 311), e.g., agricultural workers; farmers; greenhouse, nursery, and floriculture workers; ranchers; pesticide applicators. • Pesticide manufacturing (NAICS code 32532), e.g., agricultural workers; commercial applicators; farmers; greenhouse, nursery, and floriculture workers; residential users. This listing is not intended to be exhaustive, but rather to provide a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Access Electronic Copies of this Document? In addition to accessing an electronic copy of this **Federal Register** document through the electronic docket at *http://www.regulations.gov* , you may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . You may also access a frequently updated electronic version of EPA's tolerance regulations at 40 CFR part 180 through the Government Printing Office's pilot e-CFR site at *http://www.gpoaccess.gov/ecfr* . C. Can I File an Objection or Hearing Request? Under section 408(g) of FFDCA, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2006-0857 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk as required by 40 CFR part 178 on or before April 28, 2008. In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing that does not contain any CBI for inclusion in the public docket that is described in ADDRESSES . Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit this copy, identified by docket ID number EPA-HQ-OPP-2006-0857, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

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

(703)305-5805. II. Petition for Tolerance In the **Federal Registers** of October 27, 2006 (71 FR 63011) (FRL-8100-2), and May 9, 2007 (72 FR 26372) (FRL-8121-5) EPA issued notices pursuant to section 408(d)(3) of FFDCA, 21 U.S.C. 346a(d)(3), announcing the filing of pesticide petitions

(PP)6E7058 by IR-4, 500 College Road East, Suite 201 W, Princeton, NJ, 08540; and

(PP)6F7160 by Bayer CropScience, 2.T.W. Alexander Drive, PO Box 12014, Research Triangle Park, NC 27709. The petitions requested that 40 CFR 180.436 be amended by establishing tolerances for residues of the insecticide cyfluthrin, cyano(4-fluoro-3-phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropanecarboxylate, in or on grass, forage at 15 parts per million

(ppm)(PP 6E7058); grass, hay at 40 ppm (PP 6E7058); beet, sugar, roots at 0.09 ppm (PP 6F7160); and beet, sugar, dried pulp at 11 ppm (PP 6F7160). The notices referenced a summary of the petition prepared by Bayer CropScience, the registrant, which is available to the public in the docket, *http://www.regulations.gov* . Comments were received from a private citizen on the notices of filing concerning the tolerances for grass, forage; grass, hay; beet, sugar, roots; and beet, sugar, dried pulp. EPA's response to these comments is discussed in Unit IV.C. Based upon review of the data supporting the petition, EPA has revised the commodity and/or tolerance expressions for the proposed petitions. The reason for these changes is explained in Unit IV.C. III. Aggregate Risk Assessment and Determination of Safety Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(b)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue....” These provisions were added to FFDCA by the Food Quality Protection Act

(FQPA)of 1996. Consistent with FFDCA section 408(b)(2)(D), and the factors specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure for the petitioned-for tolerance for residues of cyfluthrin on grass, forage, fodder and hay, group 17, forage at 12 ppm; grass, forage, fodder and hay, group 17, hay at 50 ppm; beet, sugar, roots at 0.10 ppm; and beet, sugar, dried pulp at 1.0 ppm. EPA's assessment of exposures and risks associated with establishing the tolerance follows. A. Toxicological Profile EPA has evaluated the available toxicity data and considered its validity, completeness, and reliability as well as the relationship of the results of the studies to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. Toxicologically, the primary target for cyfluthrin/beta-cyfluthrin is the neuromuscular system; other non-specific effects include decreased body weight gain, and decreased food consumption. The observed neuromuscular effects (tremors, gait abnormities, abnormal postural reactions, splaying of limbs and decreases in activity) occurred mainly in oral studies in the dog and the rat. In general, the toxicity data base does not indicate that any major differences in toxicity exist between beta-cyfluthrin and cyfluthrin via the oral route. Data from the inhalation toxicity study showed evidence of clinical signs as well as hypothermia and decreased body weight gains. In a postnatal inhalation study in mice, there were clinical signs of neurotoxicity in the pups as well as increased spontaneous motor activity and paresthesia (tingling, burning or prickling - also seen in oral studies). In oral developmental studies no increased susceptibility was observed in the rat or rabbit; however, increased susceptibility was observed in inhalation developmental studies. Increased susceptibility was also seen in oral reproduction studies and in a developmental neurotoxicity study on beta-cyfluthrin. The data also demonstrate increased susceptibility of rats and mice to cyfluthrin postnatally. The database does not indicate that either cyfluthrin or beta-cyfluthrin induces any endocrine disruption; and, there is no concern of mutagenicity. EPA has classified cyfluthrin/beta-cyfluthrin as “not likely to be carcinogenic to humans.” Specific information on the studies received and the nature of the adverse effects caused by cyfluthrin as well as the no-observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-level (LOAEL) from the toxicity studies can be found in the Cyfluthrin: Human Health Risk Assessment for New Uses on Grasses, Alfalfa, and Sugar Beet Seed and Revised Tolerances on Cereal Grain Commodities on pages 54-64 at *www.regulations.gov* . The referenced document is available in docket EPA-HQ-OPP-2006-0857. B. Toxicological Endpoints For hazards that have a threshold below which there is no appreciable risk, the toxicological level of concern

(LOC)is derived from the highest dose at which no adverse effects are observed (the NOAEL) in the toxicology study identified as appropriate for use in risk assessment. However, if a NOAEL cannot be determined, the lowest dose at which adverse effects of concern are identified (the LOAEL) is sometimes used for risk assessment. Uncertainty/safety factors

(UFs)are used in conjunction with the LOC to take into account uncertainties inherent in the extrapolation from laboratory animal data to humans and in the variations in sensitivity among members of the human population as well as other unknowns. Safety is assessed for acute and chronic risks by comparing aggregate exposure to the pesticide to the acute population adjusted dose

(aPAD)and chronic population adjusted dose (cPAD). The aPAD and cPAD are calculated by dividing the LOC by all applicable UFs. Short-, intermediate-, and long-term risks are evaluated by comparing aggregate exposure to the LOC to ensure that the margin of exposure

(MOE)called for by the product of all applicable UFs is not exceeded. For non-threshold risks, the Agency assumes that any amount of exposure will lead to some degree of risk and estimates risk in terms of the probability of occurrence of additional adverse cases. Generally, cancer risks are considered non-threshold. For more information on the general principles EPA uses in risk characterization and a complete description of the risk assessment process, see *http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm* . A summary of the toxicological endpoints for cyfluthrin used for human risk assessmentcan be found at *http://www.regulations.gov* in the Cyfluthrin: Human Health Risk Assessment for New Uses of Grasses, Alfalfa, and Sugar Beet Seed and Revised Tolerances on Cereal Grain Commodities on pages 23 and 24 for docket ID number EPA-HQ-OPP-2006-0857. C. Exposure Assessment 1. *Dietary exposure from food and feed uses* . In evaluating dietary exposure to cyfluthrin, EPA considered exposure under the petitioned-for tolerances as well as all existing cyfluthrin tolerances in (40 CFR 180.436). EPA assessed dietary exposures from cyfluthrin in food as follows: i. *Acute exposure* . Quantitative acute dietary exposure and risk assessments are performed for a food-use pesticide, if a toxicological study has indicated the possibility of an effect of concern occurring as a result of a 1-day or single exposure. In estimating acute dietary exposure, EPA used food consumption information from the U.S. Department of Agriculture

(USDA)1994-1996 and 1998 Nationwide Continuing Surveys of Food Intakes by Individuals (CSFII). As to residue levels in food, EPA's analysis was based on tolerance level residues, crop field trial data, Pesticide Data Program

(PDP)monitoring data, percent crop treated, anticipated residues in animal commodities, and processing factors. ii. *Chronic exposure* . In conducting the chronic dietary exposure assessment, EPA used the food consumption data from the USDA 1994-1996, and 1998 CSFII. As to residue levels in food, EPA's analysis was based on tolerance level residues, crop field trial data, PDP monitoring data, average percent crop treated, anticipated residues in animal commodities, and processing factors. iii. *Cancer* . A cancer dietary exposure analysis was not performed because EPA has classified cyfluthrin as being “not likely to cause cancer in humans.” iv. *Anticipated residue and percent crop treated

(PCT)information* . Section 408(b)(2)(E) of FFDCA authorizes EPA to use available data and information on the anticipated residue levels of pesticide residues in food and the actual levels of pesticide residues that have been measured in food. If EPA relies on such information, EPA must pursuant to FFDCA section 408(f)(1) require that data be provided 5 years after the tolerance is established, modified, or left in effect, demonstrating that the levels in food are not above the levels anticipated. For the present action, EPA will issue such data call-ins as are required by FFDCA section 408(b)(2)(E) and authorized under FFDCA section 408(f)(1). Data will be required to be submitted no later than 5 years from the date of issuance of this tolerance. Section 408(b)(2)(F) of FFDCA states that the Agency may use data on the actual percent of food treated for assessing chronic dietary risk only if: a. The data used are reliable and provide a valid basis to show what percentage of the food derived from such crop is likely to contain such pesticide residue. b. The exposure estimate does not underestimate exposure for any significant subpopulation group. c. Data are available on pesticide use and food consumption in a particular area, the exposure estimate does not understate exposure for the population in such area. In addition, the Agency must provide for periodic evaluation of any estimates used. To provide for the periodic evaluation of the estimate of PCT as required by FFDCA section 408(b)(2)(F), EPA may require registrants to submit data on PCT. The Agency used PCT information for chronic dietary exposures as follows: Almond 1%; cabbage 5%; cantaloupe 1%; field corn 5%; cotton 10%; cucumber 1%; pecan 1%; pepper 10%; potato 25%; pumpkin 1%; sorghum 1%; soybean 1%; squash 5%; sugarcane 1%; sunflower 1%; and watermelon 2.5%. EPA uses an average PCT for the acute and chronic dietary risk analysis. The average PCT figure for each existing use is derived by combining available federal, state, and private market survey data for that use, averaging by year, averaging across all years, and rounding up to the nearest multiple of 5% except for those situations in which the average PCT is less than one. In those cases <1% is used as the average and <2.5% is used as the maximum. EPA uses a maximum PCT for acute dietary risk analysis. The maximum PCT figure is the single maximum value reported overall from available Federal, State, and private market survey data on the existing use, across all years, and rounded up to the nearest multiple of 5%. In most cases, EPA uses available data from United States Department of Agriculture/National Agricultural Statistics Service (USDA/NASS), Proprietary Market Surveys, and the National Center for Food and Agriculture Policy (NCFAP) for the most recent 6 years. The Agency used projected PCT information for chronic dietary exposures as follows: Apple 69%; collard 22%; grape 15%; kale 13%; mustard greens 7%; grass <1 %; peach 43%; pear 62%; plum 37%; spinach 39%; turnip 14%, and wheat 2%. EPA estimates an upper bound of projected percent crop treated

(PPCT)for a new pesticide use by assuming that the percent crop treated

(PCT)during the pesticide's initial 5 years of use on a specific crop will not exceed the average PCT of the dominant pesticide (i.e., the one with the greatest PCT) on that crop over the three most recent surveys. EPA calls this the market leader PPCT estimate. The average market leader PCTs may be based on one or two survey years if three are not available. Also, with limited availability of data, the average market leader PCTs may be based on a cross-section of state PCTs. Comparisons are only made initially among pesticides of the same pesticide type (e.g., leading insecticides on the crop compared with the new insecticide), or, for more refined estimates, comparisons may be made among pesticides in a subcategory of the same pesticide type (e.g., leading pyrethroid insecticides compared with the new pyrethroid insecticide). The PCTs included in the average may be each for the same pesticide or for different pesticides since the same or different pesticides may dominate each year selected. Typically, EPA uses U.S. Department of Agriculture/National Agricultural Statistics Service (USDA/NASS) as the source for raw PCT data because it is publicly available. When a specific crop is not surveyed by USDA/NASS, EPA uses other sources including proprietary data and calculates the estimated PCT. An estimated PPCT, based on the average PCT of the market leaders, is appropriate for use in chronic dietary risk assessment. This method of estimating PPCT for a new use of a registered pesticide or a new pesticide produces high-end estimate that is unlikely, in most cases, to be exceeded during the initial 5 years of actual use. Predominant factors that bear on whether the PPCT could be exceeded may include PCTs of similar chemistries, pests controlled by alternatives, pest prevalence in the market and other factors. All relevant information currently available for predominant factors has been considered for the use of cyfluthrin on apples, cabbage, cauliflower, collards, grapes, kale, mustard greens, pasture/rangeland, peaches, pears, peas, plums, spinach, turnip greens, and wheat. It is unlikely that actual PCTs for cyfluthrin will exceed the corresponding estimated PPCTs during the next 5 years because cyfluthrin shares many pest control attributes and constraints with other members of the pyrethroid class and will likely replace or be used in a similar manner to currently registered pyrethroids. The Agency believes that the three conditions listed above have been met. With respect to Condition a, PCT estimates are derived from Federal and private market survey data, which are reliable and have a valid basis. The Agency is reasonably certain that the percentage of the food treated is not likely to be an underestimation. As to Conditions b and c, regional consumption information and consumption information for significant subpopulations is taken into account through EPA's computer-based model for evaluating the exposure of significant subpopulations including several regional groups. Use of this consumption information in EPA's risk assessment process ensures that EPA's exposure estimate does not understate exposure for any significant subpopulation group and allows the Agency to be reasonably certain that no regional population is exposed to residue levels higher than those estimated by the Agency. Other than the data available through national food consumption surveys, EPA does not have available information on the regional consumption of food to which cyfluthrin may be applied in a particular area. 2. *Dietary exposure from drinking water* . The Agency lacks sufficient monitoring data to complete a comprehensive dietary exposure analysis and risk assessment for cyfluthrin in drinking water. Because the Agency does not have comprehensive monitoring data, drinking water concentration estimates are made by reliance on simulation or modeling taking into account data on the environmental fate characteristics of cyfluthrin. Further information regarding EPA drinking water models used in pesticide exposure assessment can be found at *http://www.epa.gov/oppefed1/models/water/index.htm* . Based on survey of all the currently registered and proposed uses of cyfluthrin, it was determined that cyfluthrin use on alfalfa and cotton would lead to the highest surface water and ground water estimated groundwater concentrations (EDWCs), respectively. Based on the First Index Reservoir Screening Tool (FIRST), and Screening Concentration in Ground Water (SCI-GROW) models, the estimated environmental concentrations

(EECs)of cyfluthrin are estimated to be 3.677 parts per billion

(ppb)and 0.155 ppb for acute and chronic exposure in surface water respectively. The EEC for chronic groundwater exposure is 0.457 ppb. Modeled estimates of drinking water concentrations were directly entered into the dietary exposure model. For acute dietary risk assessment, the water concentration value of 3.677 ppb was used to access the contribution of residues in drinking water to dietary risk. For chronic dietary risk assessment, the water concentration of value 0.457 ppb was used to access the contribution to drinking water. 3. *From non-dietary exposure* . The term “residential exposure” is used in this document to refer to non-occupational, non-dietary exposure (e.g., for lawn and garden pest control, indoor pest control, termiticides, and flea and tick control on pets). Cyfluthrin products are registered for use at residential sites including indoor (total release fogger, and crack and crevice spray), and outdoor uses (spray fogger, and lawn applications). Residential exposure for adults was assessed via the inhalation and dermal routes, while exposure for infants and children was assessed via inhalation, dermal, and oral (hand-to-mouth) routes. Exposure for outdoor handlers was assessed via the Inhalation and dermal routes. Residential applicator for indoor total release fogger was not assessed quantitatively, because indoor inhalation exposure to a homeowner would likely be less than inhalation exposure to homeowner that would result from outdoor lawn treatments. Residential MOEs were assessed for indoor and outdoor uses for application and post-application exposures. This is considered a conservative assessment assuming the lawn and carpet uses happen on the same day. 4. *Cumulative effects from substances with a common mechanism of toxicity* . Cyfluthrin and beta-cyfluthrin are members of the pyrethroid class of pesticides. Although all pyrethroids alter nerve function by modifying the normal biochemistry and physiology of nerve membrane sodium channels, EPA is not currently following a cumulative risk approach based on a common mechanism of toxicity for the pyrethroids. Although all pyrethroids interact with sodium channels, there are multiple types of sodium channels and it is currently unknown whether the pyrethroids have similar effects on all channels. The Agency does not have a clear understanding of effects on key downstream neuronal function e.g., nerve excitability, nor does the Agency understand how these key events interact to produce their compound specific patterns of neurotoxicity. There is ongoing research by EPA's Office of Research and Development and pyrethroid registrants to evaluate the differential biochemical and physiological actions of pyrethroids in mammals. When the results of the research become available, the Agency will consider the findings and make a determination of common mechanism as a basis for assessing cumulative risk. Information regarding EPA's procedures for cumulating effects from substances found to have a common mechanism can be found on EPA's website at *http://www.epa.gov/pesticides/cumulative/* . D. Safety Factor for Infants and Children 1. *In general* . Section 408 of FFDCA provides that EPA shall apply an additional (“10X”) tenfold margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the database on toxicity and exposure unless EPA determines based on reliable data that a different margin of safety will be safe for infants and children. This additional margin of safety is commonly referred to as the FQPA safety factor. In applying this provision, EPA either retains the default value of 10X when reliable data do not support the choice of a different factor, or, if reliable data are available, EPA uses a different additional FQPA safety factor value based on the use of traditional UFs and/or special FQPA safety factors, as appropriate. 2. *Prenatal and postnatal sensitivity* . There was no evidence of increased susceptibility of rats or rabbits *in utero* exposure in developmental oral studies; however, there was some indication of increased susceptibility in developmental inhalation studies. A clear NOAEL was established for the fetal effects in every case. No residual uncertainties were identified. The data also showed increased susceptibility of rats and mice from postnatal exposure to cyfluthrin. A clear NOAEL was established for the offspring effects in every case. No residual uncertainties were identified. 3. *Conclusion* . EPA has determined that reliable data show that it would be safe for infants and children to reduce the FQPA safety factor to 1X. That decision is based on the following findings: i. The toxicology databases for cyfluthrin and beta-cyfluthrin together are considered complete and adequate for selecting toxicity endpoints for risk assessment. The toxicity profiles of both cyfluthrin and beta-cyfluthrin can be characterized for all effects, including potential developmental, reproductive and neurotoxic effects. Exposure data are complete or are estimated based on data that reasonably accounts for potential exposures. ii. There is no evidence of increased susceptibility of rats or rabbits to *in utero* exposure in developmental oral studies, and the degree of concern for the effects observed in the inhalation developmental studies is considered low since a clear NOAEL was established for the fetal effects in every case. iii. The NOAEL used for short-term inhalation exposure scenarios is protective of the effects seen in the developmental studies via the inhalation route. iv. The degree of concern for the effects observed in the reproductive studies was considered low since a clear NOAEL was established for the offspring effects in every case. v. The NOAEL used to establish the cPAD for all populations is protective of the effects seen in the young in the reproduction studies. vi. A beta-cyfluthrin developmental neurotoxicity study has been submitted for review and indicated both the LOAEL and NOAEL from this study are higher than the LOAEL and NOAEL chosen for risk assessment purposes. vii. There are no residual uncertainties identified in the exposure databases. Although the acute and chronic food exposure assessments are refined, EPA believes that the assessments are based on reliable data and will not underestimate exposure/risk. The drinking water estimates were derived from conservative screening models. The residential exposure assessment utilizes reasonable high-end variables set out in EPA's Occupational/Residential Exposure SOPs (Standard Operating Procedures). The aggregate assessment is based upon reasonable worst-case residential assumptions, and is also not likely to underestimate exposure/risk to any subpopulation, including those comprised of infants and children. E. Aggregate Risks and Determination of Safety Safety is assessed for acute and chronic risks by comparing aggregate exposure to the pesticide to the aPAD and cPAD. The aPAD and cPAD are calculated by dividing the LOC by all applicable UFs. For linear cancer risks, EPA calculates the probability of additional cancer cases given aggregate exposure. Short-, intermediate-, and long-term risks are evaluated by comparing aggregate exposure to the LOC to ensure that the MOE called for by the product of all applicable UFs is not exceeded. 1. *Acute risk* . Using the exposure assumptions discussed in this unit for acute exposure, the acute dietary exposure from food and water to cyfluthrin will occupy 53% of the aPAD for the population group children 1 to 2 years old receiving the greatest exposure. Therefore, EPA does not expect the aggregate exposure to exceed 100% of the aPAD. 2. *Chronic risk* . Using the exposure assumptions described in this unit for chronic exposure, EPA has concluded that exposure to cyfluthrin from food and water will utilize 17% of the cPAD for the population group children 1 to 2 years old receiving the greatest exposure. Based on the use pattern, chronic residential exposure to residues of cyfluthrin is not expected. Therefore, EPA does not expect the aggregate exposure to exceed 100% of the cPAD. 3. *Short-term risk.* Short-term aggregate exposure takes into account residential exposure plus chronic exposure to food and water (considered to be a background exposure level). Cyfluthrin is currently registered for use(s) that could result in short-term residential exposure and the Agency has determined that it is appropriate to aggregate chronic food and water and short-term exposures for cyfluthrin. Using the exposure assumptions described in this unit for short-term exposures, EPA has concluded that food, water, and residential exposures aggregated result in aggregate MOEs of 320 for children 1 to 2 years old; 400 for infants < 1 year old; and 420 for the U.S. population. These aggregate MOEs do not exceed the Agency's level of concern for aggregate exposure to food, water and residential uses. Therefore, EPA does not expect short-term aggregate exposures to exceed the Agency's level of concern. 4. *Intermediate-term risk* . Intermediate-term aggregate exposure takes into account residential exposure plus chronic exposure to food and water (considered to be a background exposure level). Cyfluthrin is currently registered for use(s) that could result in intermediate-term residential exposure and the Agency has determined that it is appropriate to aggregate chronic food and water and intermediate-term exposures for cyfluthrin. Using the exposure assumptions described in this unit for intermediate-term exposures, EPA has concluded that food, water, and residential exposures aggregated result in aggregate MOEs of 220 for the U.S. population; 240 for infants < 1 year old; and 230 for children 1 to 2 years old. These aggregate MOEs do not exceed the Agency's level of concern for aggregate exposure to food, water and residential uses. Therefore, EPA does not expect intermediate-term aggregate exposures to exceed the Agency's level of concern. 5. *Aggregate cancer risk for U.S. population* . EPA has classified cyfluthrin as “not likely to be carcinogenic to humans” and concludes that it poses no greater than a negligible cancer risk to humans. 6. *Determination of safety* . Based on these risk assessments, EPA concludes that there is a reasonable certainty that no harm will result to the general population, or to infants and children from aggregate exposure to cyfluthrin residues. IV. Other Considerations A. Analytical Enforcement Methodology Adequate enforcement methodology (gas chromatography (GC)/electron-capture detection (ECD)) is available to enforce the tolerance expression. The method may be requested from: Chief, Analytical Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone number:

(410)305-2905; e-mail address: *residuemethods@epa.gov* . B. International Residue Limits With regard to international MRLs for cyfluthrin, harmonization of the proposed tolerances is not an issue for grass forage, grass hay, sugar beet roots, and sugar beet dried pulp, as there are no established or proposed Canadian, Mexican or Codex MRLs for cyfluthrin residues on grass or sugar beet commodities. C. Explanation of Tolerance Revisions 1. *Grasses.* The available field trial data support the use of up to four broadcast foliar applications of cyfluthrin

(EC)to grasses grown throughout the United States at a maximum single application rate of 0.044 lb active ingredient/Acre (ai/A), with a minimum RTI of 5 days, for a maximum of 0.178 lb ai/A/season. The data also support a 0-day preharvest interval for cutting of both forage and hay. The available data support tolerances of 50 ppm on grass hay and 12 ppm on grass forage. 2. *Sugar beets.* The available field trial data are adequate. The number and geographic distribution of the field trials are adequate, and the appropriate samples were collected at normal crop maturity. The samples were analyzed using an adequate analytical method and the sample storage intervals are supported by the available storage stability data. The available data support the use of cyfluthrin (suspoemulsion) as a seed treatment for sugar beets at a rate of 0.035 lb ai/100,000 seeds. The residue data on roots support a tolerance of 0.10 ppm. For both roots and tops, most of the field trial values were below the LOQ. As a result, EPA's statistical tolerance generator was not used to determine tolerances. D. Response to Comments Comments were received from a private citizen who opposed the authorization to sell any pesticide that leaves a residue on food. The Agency has received this same comment from this commenter on numerous previous occasions and rejects it for the reasons previously stated in the **Federal Register** of January 7, 2005 (70 FR 1349). V. Conclusion Therefore, the tolerances are established for residues of cyfluthrin, cyano(4-fluoro-3-phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropanecarboxylate, in or on grass, forage, fodder and hay, group 17, forage at 12 ppm; grass, forage, fodder and hay, group 17, hay at 50 ppm; beet, sugar, roots at 0.10 ppm; and beet, sugar, dried pulp at 1.0 ppm. VI. Statutory and Executive Order Reviews This final rule establishes a tolerance under section 408(d) of FFDCA in response to a petition submitted to the Agency. The Office of Management and Budget

(OMB)has exempted these types of actions from review under Executive Order 12866, entitled *Regulatory Planning and Review* (58 FR 51735, October 4, 1993). Because this rule has been exempted from review under Executive Order 12866, this rule is not subject to Executive Order 13211, *Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use* (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled *Protection of Children from Environmental Health Risks and Safety Risks* (62 FR 19885, April 23, 1997). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 *et seq* ., nor does it require any special considerations under Executive Order 12898, entitled *Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations* (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under section 408(d) of FFDCA, such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq* .) do not apply. This final rule directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408(n)(4) of FFDCA. As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled *Federalism* (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled *Consultation and Coordination with Indian Tribal Governments* (65 FR 67249, November 6, 2000) do not apply to this rule. In addition, This rule does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995

(c)to read as follows: § 180.436 Cyfluthrin: tolerances for residues.

(a)* * * Commodity Parts per million * * * * * Beet, sugar, roots 0.10 Beet, sugar, dried pulp 1.0 * * * * * Grass, forage, fodder and hay, group 17, forage 12 Grass, forage, fodder and hay, group 17, hay 50 * * * * *

(c)*Tolerances with regional registrations.* [Reserved] [FR Doc. E8-3393 Filed 2-26-08; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2007-0182; FRL-8341-4] Dibasic Esters (DBE); Exemption from the Requirement of a Tolerance AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This regulation establishes exemptions from the requirement of a tolerance for residues of dibasic esters (DBE; CAS Reg. No. 95481-62-2) when used as an inert ingredient solvent and/or anti-freeze microencapsulated at 10% weight/weight (W/W) or less in pesticide formulations with the active ingredient cyfluthrin. Whitmire Micro-Gen Research Laboratories, Inc. submitted a pesticide petition 5E4442 to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA) requesting exemptions from the requirement of a tolerance. EPA published in the **Federal Register** on August 29, 2007 (72 FR 49689) a proposed rule for this petition in order to provide the public with an opportunity to comment on data that submitted to the Agency after the publication of the petition's Notice of Filing. DATES: This regulation is effective February 27, 2008. Objections and requests for hearings must be received on or before April 28, 2008, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION) . ADDRESSES: EPA has established a docket for this action under docket identification

(ID)number EPA-HQ-OPP-2007-0182. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov web site to view the docket index or access available documents. All documents in the docket are listed in the docket index available in regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information

(703)305-5805. FOR FURTHER INFORMATION CONTACT: Tracy Ward, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)308-9361; e-mail address: *ward.tracyh@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Access Electronic Copies of this Document? In addition to accessing an electronic copy of this **Federal Register** document through the electronic docket at *http://www.regulations.gov* , you may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . You may also access a frequently updated electronic version of 40 CFR part 180 through the Government Printing Office's pilot e-CFR site at *http://www.gpoaccess.gov/ecfr* . C. Can I File an Objection or Hearing Request? Under section 408(g) of the FFDCA, as amended by the FQPA, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. The EPA procedural regulations which govern the submission of objections and requests for hearings appear in 40 CFR part 178. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2007-0182 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk on or before April 28, 2008. In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing that does not contain any CBI for inclusion in the public docket that is described in ADDRESSES . Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit your copies, identified by docket ID number EPA-HQ-OPP-2007-0182, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(703)305-5805. II. Background and Statutory Findings In the **Federal Register** of December 23, 1998 (63 FR 71126) (FRL-6047-7), EPA issued a notice pursuant to section 408 of the FFDCA, 21 U.S.C. 346a, announcing the filing of a pesticide petition (PP 5E4442) by Whitmire Micro-Gen Research Laboratories, Inc., 3568 Tree Court Industrial Blvd., St. Louis, MO 63122-6682. The petition requested that 40 CFR 180.910 and 180.930 be amended by establishing an exemption from the requirement of a tolerance for residues of dibasic esters (DBE). EPA received a significant number of new studies as a result of an enforceable consent agreement issued under Section 4 of the Toxic Substance Control Act

(TSCA)( **Federal Register** , August 5, 1999, 64 FR 42692) (FRL-6090-6). EPA published in the **Federal Register** on August 29, 2007 (72 FR 49689) (FRL-8143-3) a proposed rule for this petition in order to provide the public with an opportunity to comment on the new data. III. EPA's Determination on Proposed Rule One comment was received on the proposed rule. The commenter expressed a general concern over test results: “The test results show a real tendency to harm i do not think this product should ever be sold or manufactured ever.” The Agency has addressed the results of the studies in the proposed rule and its decision document. The full decision document for this action is available on EPA's Electronic Docket at *http://www.regulations.gov/* under docket number EPA-HQ-OPP-2007-0182. Given the non-specificity of the comment EPA cannot respond further. Accordingly, based on the reasons set forth in the proposed rule and the decision document, EPA concludes that there is a reasonable certainty of no harm to the general population, including infants and children, from aggregate exposure to residues of dibasic esters (DBE; CAS Reg. No. 95481-62-2) when used as an inert ingredient in pesticide formulations. Accordingly, EPA finds that the tolerance exemptions described in Unit II. for residues of dibasic esters will be safe. The Agency is granting the requested exemptions from the requirement of a tolerance for residues of dibasic esters when used as an inert ingredient solvent and/or anti-freeze microencapsulated at 10% weight/weight (W/W) or less in pesticide formulations with the active ingredient cyfluthrin. IV. Statutory and Executive Order Reviews This final rule establishes a tolerance exemption under section 408(d) of FFDCA in response to a petition submitted to the Agency. The Office of Management and Budget

(RFA)(5 U.S.C. 601 *et seq* .), the Agency hereby certifies that this proposed action will not have significant negative economic impact on a substantial number of small entities. Establishing a pesticide tolerance or an exemption from the requirement of a pesticide tolerance is, in effect, the removal of a regulatory restriction on pesticide residues in food and thus such an action will not have any negative economic impact on any entities, including small entities. This final rule directly regulates growers, food processors, food handlers and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408(n)(4) of FFDCA. As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled *Federalism* (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled *Consultation and Coordination with Indian Tribal Governments* (65 FR 67249, November 6, 2000) do not apply to this rule. In addition, This rule does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)(Public Law 104-4). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). V. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 *et seq* ., generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the **Federal Register** . This final rule is not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: February 6, 2008. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: Authority: 21 U.S.C. 321(q), 346a and 371. 2. Section 180.1277 is added to subpart D to read as follows: § 180.1277 Dibasic esters; exemption from the requirement of a tolerance. Dibasic esters (CAS Reg. No. 95481-62-2) is exempted from the requirement of a tolerance for residues when used as an inert ingredient (solvent and/or anti-freeze) at 10% W/W or less in microencapsulated pesticide formulations with the active ingredient cyfluthrin. [FR Doc. E8-3492 Filed 2-26-08; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 EPA-HQ-OPP-2006-0785; FRL-8349-9] Pyroxsulam; Pesticide Tolerances AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This regulation establishes tolerances for residues of pyroxsulam in or on wheat, forage; wheat, grain; wheat, hay and wheat, straw. Dow AgroSciences LLC requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective February 27, 2008. Objections and requests for hearings must be received on or before April 28, 2008, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION) . ADDRESSES: EPA has established a docket for this action under docket identification

(ID)number EPA-HQ-OPP-2006-0785. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. All documents in the docket are listed in the docket index available in regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information

(703)305-5805. FOR FURTHER INFORMATION CONTACT: Erik Kraft, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)308-9358; e-mail address: *Kraft.Erik@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to those engaged in the following activities: • Crop production (NAICS code 111), e.g., agricultural workers; greenhouse, nursery, and floriculture workers; farmers. • Animal production (NAICS code 112), e.g., cattle ranchers and farmers, dairy cattle farmers, livestock farmers. • Food manufacturing (NAICS code 311), e.g., agricultural workers; farmers; greenhouse, nursery, and floriculture workers; ranchers; pesticide applicators. • Pesticide manufacturing (NAICS code 32532), e.g., agricultural workers; commercial applicators; farmers; greenhouse, nursery, and floriculture workers; residential users. This listing is not intended to be exhaustive, but rather to provide a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Access Electronic Copies of this Document? In addition to accessing an electronic copy of this **Federal Register** document through the electronic docket at *http://www.regulations.gov* , you may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . You may also access a frequently updated electronic version of EPA's tolerance regulations at 40 CFR part 180 through the Government Printing Office's pilot e-CFR site at *http://www.gpoaccess.gov/ecfr* . C. Can I File an Objection or Hearing Request? Under section 408(g) of FFDCA, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2006-0785 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk as required by 40 CFR part 178 on or before April 28, 2008. In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing that does not contain any CBI for inclusion in the public docket that is described in ADDRESSES . Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit this copy, identified by docket ID number EPA-HQ-OPP-2006-0785, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(703)305-5805. II. Petition for Tolerance In the **Federal Register** of September 29, 2006 (71 FR 57507) (FRL-8094-1), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP 6F7101) by Dow AgroSciences LLC, 9330 Zionsville Road, Indianapolis, IN 46268-1054. The petition requested that 40 CFR part 180 be amended by establishing tolerances for residues of the herbicide pyroxsulam, N-(5,7-dimethoxy[1,2,4]triazolo[1,5-a]pyrimidin-2-yl)-2-methoxy-4-(trifluoromethyl)-3-pyridinesulfonamide, in or on wheat, forage at 0.04 parts per million (ppm); wheat, grain at 0.01 ppm; wheat, hay at 0.01 ppm; and wheat, straw at 0.01 ppm. That notice referenced a summary of the petition prepared by Dow AgroSciences LLC, the registrant, which is available to the public in the docket, *http://www.regulations.gov* . Comments were received on the notice of filing. EPA's response to these comments is discussed in Unit IV.C. Based upon review of the field residue data supporting the petition, EPA has modified the tolerance levels for wheat, forage from 0.04 to 0.06 ppm and for wheat, straw from 0.01 ppm to 0.03 ppm. III. Aggregate Risk Assessment and Determination of Safety Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(b)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue....” These provisions were added to FFDCA by the Food Quality Protection Act

(FQPA)of 1996. Consistent with FFDCA section 408(b)(2)(D), and the factors specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure for the petitioned-for tolerances for residues of pyroxsulam on wheat, forage at 0.06 ppm; wheat, grain at 0.01 ppm; wheat, hay at 0.01 ppm and wheat, straw at 0.03 ppm. EPA's assessment of exposures and risks associated with establishing the tolerances follows. A. Toxicological Profile EPA has evaluated the available toxicity data and considered its validity, completeness, and reliability as well as the relationship of the results of the studies to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. Pyroxsulam has low or minimal acute toxicity via the oral (Acute Toxicity Category III), dermal and inhalation (Acute Toxicity Category IV) routes of exposure. It is non-irritating to the eyes and skin. It is a dermal sensitizer. Little toxicity was observed in the repeat-dose toxicology studies via the oral and dermal routes of exposure. No treatment-related adverse effects were observed in the subchronic studies (mice, rats, or dogs). There was evidence of increased serum cholesterol levels in the subchronic exposures, but in light of a 28-day satellite recovery group in the subchronic rat study, where the cholesterol levels returned to normal after cessation of treatment, these effects were considered to be adaptive and non-adverse. Increased liver weights were observed in several of the subchronic and chronic studies; however, in the absence of corroborating changes in histopathology, the increased liver weights were not considered adverse. No adverse effects were observed in the chronic dog study or chronic/carcinogenicity study in rats. In the carcinogenicity study in mice, the lowest-observed-adverse-effect-level (LOAEL) was 1,000 milligrams/kilogram/day (mg/kg/day), based on increased liver weights with corroborating evidence of increased incidence of clear cell foci of alteration in hepatocytes in males. The no-observed-adverse-effect-level (NOAEL) was 100 mg/kg/day. There was no evidence of maternal or offspring toxicity in the developmental or 2-generation reproduction studies in rats up to 1,000 mg/kg/day. Considered in conjunction with the range-finding study, the developmental study in rabbits showed no signs of maternal or offspring toxicity up to 600 mg/kg/day. None of these studies showed signs of increased quantitative or qualitative susceptibility. Pyroxsulam is not mutagenic; it is classified as “not likely to be carcinogenic to humans.” Specific information on the studies received and the nature of the adverse effects caused by pyroxsulam as well as the NOAEL and the LOAEL from the toxicity studies can be found at *http://www.regulations.gov* . The referenced document is available in the docket established by this action, which is described under ADDRESSES , and is identified as “Pyroxsulam Human Health Risk Assessment for Proposed Uses on Wheat.” PC Code: 108702, Petition No: 6F7101, DP Barcode: D335496 in that docket. B. Toxicological Endpoints For hazards that have a threshold below which there is no appreciable risk, the toxicological level of concern

(aPAD)and chronic population adjusted dose (cPAD). The aPAD and cPAD are calculated by dividing the LOC by all applicable UFs. Short-term, intermediate-term, and long-term risks are evaluated by comparing aggregate exposure to the LOC to ensure that the margin of exposure

(MOE)called for by the product of all applicable UFs is not exceeded. For non-threshold risks, the Agency assumes that any amount of exposure will lead to some degree of risk and estimates risk in terms of the probability of occurrence of additional adverse cases. Generally, cancer risks are considered non-threshold. For more information on the general principles EPA uses in risk characterization and a complete description of the risk assessment process, see *http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm* . A summary of the toxicological endpoints for pyroxsulam used for human risk assessment can be found at *http://www.regulations.gov* in document “Pyroxsulam Human Health Risk Assessment for Proposed Uses on Wheat.” PC Code: 108702, Petition No: 6F7101, DP Barcode: D335496 at page 23 in docket ID number EPA-HQ-OPP-2006-0785. C. Exposure Assessment 1. *Dietary exposure from food and feed uses* . In evaluating dietary exposure to pyroxsulam, EPA considered exposure under the petitioned-for tolerances. EPA assessed dietary exposures from pyroxsulam in food as follows: i. *Acute exposure* . Quantitative acute dietary exposure and risk assessments are performed for a food-use pesticide, if a toxicological study has indicated the possibility of an effect of concern occurring as a result of a 1-day or single exposure. No such effects were identified in the toxicological studies for pyroxsulam; therefore, a quantitative acute dietary exposure assessment is unnecessary. ii. *Chronic exposure* . In conducting the chronic dietary exposure assessment EPA used the food consumption data from the United States Department of Agriculture

(USDA)1994-1996, and 1998; Nationwide Continuing Surveys of Food Intakes by Individuals (CSFII). As to residue levels in food, EPA assumed all foods for which there are tolerances were treated and contain tolerance-level residues. iii. *Cancer* . Pyroxsulam was negative for carcinogenicity in feeding studies in rats and mice and was classified as “not likely to be a human carcinogen.” Therefore, a quantitative exposure assessment to evaluate cancer risk is unnecessary. 2. *Dietary exposure from drinking water* . The Agency lacks sufficient monitoring data to complete a comprehensive dietary exposure analysis and risk assessment for pyroxsulam in drinking water. Because the Agency does not have comprehensive monitoring data, drinking water concentration estimates are made by reliance on simulation or modeling taking into account data on the environmental fate characteristics of pyroxsulam. Further information regarding EPA drinking water models used in pesticide exposure assessment can be found at *http://www.epa.gov/oppefed1/models/water/index.htm* . Based on the Pesticide Root Zone Model /Exposure Analysis Modeling System (PRZM/EXAMS) and Screening Concentration in Ground Water (SCI-GROW) models, the estimated environmental concentrations

(EECs)of pyroxsulam for chronic exposures are estimated to be 0.102 parts per billion

(ppb)for surface water and 0.465 ppb for ground water. Modeled estimates of drinking water concentrations were directly entered into the dietary exposure model. For chronic dietary risk assessment, the water concentration of value 0.465 ppb was used to assess the contribution of the estimated drinking water concentration to the dietary risk assessment. 3. *From non-dietary exposure* . The term “residential exposure” is used in this document to refer to non-occupational, non-dietary exposure (e.g., for lawn and garden pest control, indoor pest control, termiticides, and flea and tick control on pets). Pyroxsulam is not registered for use on any sites that would result in residential exposure. 4. *Cumulative effects from substances with a common mechanism of toxicity* . Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider “available information” concerning the cumulative effects of a particular pesticide's residues and “other substances that have a common mechanism of toxicity.” Unlike other pesticides for which EPA has followed a cumulative risk approach based on a common mechanism of toxicity, EPA has not made a common mechanism of toxicity finding as to pyroxsulam and any other substances and pyroxsulam does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has not assumed that pyroxsulam has a common mechanism of toxicity with other substances. For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see EPA's website at *http://www.epa.gov/pesticides/cumulative* . D. Safety Factor for Infants and Children 1. *In general* . Section 408 of FFDCA provides that EPA shall apply an additional (“10X”) tenfold margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the database on toxicity and exposure unless EPA determines based on reliable data that a different margin of safety will be safe for infants and children. This additional margin of safety is commonly referred to as the FQPA safety factor. In applying this provision, EPA either retains the default value of 10X when reliable data do not support the choice of a different factor, or, if reliable data are available, EPA uses a different additional FQPA safety factor value based on the use of traditional UFs and/or special FQPA safety factors, as appropriate. 2. *Prenatal and postnatal sensitivity* . There is no evidence of quantitative and/or qualitative susceptibility and there are no residual uncertainties with regard to prenatal toxicity following *in utero* exposure to rats or rabbits. 3. *Conclusion* . EPA has determined that reliable data show that it would be safe for infants and children to reduce the FQPA safety factor to 1X. That decision is based on the following findings: i. The toxicity database for pyroxsulam is complete. ii. There is no indication that pyroxsulam is a neurotoxic chemical and there is no need for a developmental neurotoxicity study or additional UFs to account for neurotoxicity. iii. There is no evidence that pyroxsulam results in increased susceptibility to rats or rabbits *in utero* in the prenatal developmental studies or in young rats in the 2-generation reproduction study. iv. There are no residual uncertainties identified in the exposure databases. The dietary (food and drinking water) exposure assessment will not underestimate the potential exposure for infants, children, and/or women of childbearing age. There is no potential for residential exposure. E. Aggregate Risks and Determination of Safety Safety is assessed for acute and chronic risks by comparing aggregate exposure to the pesticide to the aPAD and cPAD. The aPAD and cPAD are calculated by dividing the LOC by all applicable UFs. For linear cancer risks, EPA calculates the probability of additional cancer cases given aggregate exposure. Short-term, intermediate-term, and long-term risks are evaluated by comparing aggregate exposure to the LOC to ensure that the MOE called for by the product of all applicable UFs is not exceeded. 1. *Acute risk* . There were no effects observed in oral toxicity studies including developmental toxicity studies in rats and rabbits that could be attributable to a single dose (exposure). Therefore, pyroxsulam is not expected to pose an acute risk. 2. *Chronic risk* . Using the exposure assumptions described in this unit for chronic exposure, EPA has concluded that exposure to pyroxsulam from food and water will utilize <1 % of the cPAD for all population groups. There are no residential uses for pyroxsulam that result in chronic residential exposure to pyroxsulam. 3. *Short-term risk* . Short-term aggregate exposure takes into account residential exposure plus chronic exposure to food and water (considered to be a background exposure level). Pyroxsulam is not registered for use on any sites that would result in residential exposure. Therefore, the aggregate risk is the sum of the risk from food and water. 4. *Intermediate-term risk* . Intermediate-term aggregate exposure takes into account residential exposure plus chronic exposure to food and water (considered to be a background exposure level). Pyroxsulam is not registered for use on any sites that would result in residential exposure. Therefore, the aggregate risk is the sum of the risk from food and water, which does not exceed the Agency's LOC for any population subgroup. 5. *Aggregate cancer risk for U.S. population* . Pyroxsulam is classified as “not likely to be carcinogenic in humans” based on the results of a carcinogenicity study in mice and the combined chronic toxicity and carcinogenicity study in the rat. Therefore, pyroxsulam is not expected to pose a cancer risk to humans. 6. *Determination of safety* . Based on these risk assessments, EPA concludes that there is a reasonable certainty that no harm will result to the general population, or to infants and children from aggregate exposure to pyroxsulam residues. IV. Other Considerations A. Analytical Enforcement Methodology Adequate enforcement methodology (liquid chromatography with positive-ion electrospray ionization

(ESI)tandem mass spectrometry (LC/MS/MS) is available to enforce the tolerance expression. The method may be requested from: Chief, Analytical Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone number:

(410)305-2905; e-mail address: *residuemethods@epa.gov* . B. International Residue Limits No Codex, Canadian, or Mexican maximum residue limits

(MRLs)have been established for pyroxsulam. However, tolerances for pyroxsulam on wheat are pending in Canada and Australia. These Canadian and Australian tolerances are not expected to result in any harmonization issues. C. Response to Comments Public comments were received from B. Sachau who objected to the proposed tolerances because of the amounts of pesticides already consumed and carried by the American population. She further indicated that testing conducted on animals have absolutely no validity and are cruel to the test animals. B. Sachau's comments contained no scientific data or evidence to rebut the Agency's conclusion that there is a reasonable certainty that no harm will result from aggregate exposure to pyroxsulam, including all anticipated dietary exposures and all other exposures for which there is reliable information. EPA has responded to B. Sachau's generalized comments on numerous previous occasions. 70 FR 1349, 1354 (January 7, 2005); 69 FR 63083, 63096 (October 29, 2004). V. Conclusion Therefore, tolerances are established for residues of pyroxsulam, N-(5,7-dimethoxy[1,2,4]triazolo[1,5-a]pyrimidin-2-yl)-2-methoxy-4-(trifluoromethyl)-3-pyridinesulfonamide, in or on wheat, forage at 0.06 ppm; wheat, grain at 0.01 ppm; wheat, hay at 0.01 ppm and wheat, straw at 0.03 ppm. VI. Statutory and Executive Order Reviews This final rule establishes a tolerance under section 408(d) of FFDCA in response to a petition submitted to the Agency. The Office of Management and Budget

(a)*General* . Tolerances are established for residues of the herbicide pyroxsulam, N-(5,7-dimethoxy[1,2,4]triazolo[1,5-a]pyrimidin-2-yl)-2-methoxy-4-(trifluoromethyl)-3-pyridinesulfonamide in or on the raw agricultural commodities: Commodity Parts per million Wheat, forage 0.06 Wheat, grain 0.01 Wheat, hay 0.01 Wheat, straw 0.03

(b)*Section 18 emergency exemptions* . [Reserved]

(c)*Tolerances with regional registrations* . [Reserved]

(d)*Indirect or inadvertent residues* . [Reserved] [FR Doc. E8-3490 Filed 2-26-08; 8:45 am] BILLING CODE 6560-50-S FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 08-304; MB Docket No. 07-221; RM-11402] Radio Broadcasting Service; Susanville, CA AGENCY: Federal Communications Commission. ACTION: Final rule. SUMMARY: The Audio Division grants a petition for rule making filed by Hilltop Church (“Petitioner”) to substitute Channel 264A for vacant Channel 262A at Susanville, California. Petitioner proposed the foregoing channel substitution to accommodate its construction permit application to modify the allotment of Station KHGQ

(FM)(“KHGQ”) from Channel 265A to its original Channel 262A allotment at Quincy, California. Channel 264A can be allotted at Susanville, in compliance with the Commission's technical engineering requirements, at coordinates of 40-24-59 North Latitude and 120-39-07 West Longitude. DATES: Effective March 24, 2008. ADDRESSES: Secretary, Federal Communications Commission, 445 Twelfth Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: R. Barthen Gorman, Media Bureau,

(202)418-2187. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's *Report and Order,* MB Docket No. 07-221, adopted February 6, 2008, and released February 8, 2008. The full text of this Commission decision is available for inspection and copying during regular business hours at the FCC's Reference Information Center, Portals II, 445 Twelfth Street, SW., Room CY-A257, Washington, DC 20554. The complete text of this decision may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160 or *http://www.BCPIWEB.com.* The Commission will send a copy of this *Report and Order* in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, *see* 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. As stated in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336. § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under California, is amended by removing Channel 262A and by adding Channel 264A at Susanville. Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E8-3704 Filed 2-26-08; 8:45 am] BILLING CODE 6712-01-P 73 39 Wednesday, February 27, 2008 Proposed Rules FEDERAL TRADE COMMISSION 16 CFR Part 432 Trade Regulation Rule Relating to Power Output Claims for Amplifiers Utilized in Home Entertainment Products AGENCY: Federal Trade Commission. ACTION: Request for public comment. SUMMARY: The Federal Trade Commission (“FTC” or “Commission”) requests public comment on its Trade Regulation Rule Relating to Power Output Claims for Amplifiers Utilized in Home Entertainment Products (“Amplifier Rule” or “Rule”). The Commission solicits comment as part of its systematic review of all current FTC rules and guides. DATES: Written comments relating to the Amplifier Rule review must be received by May 12, 2008. ADDRESSES: Interested parties are invited to submit written comments relating to the Amplifier Rule review. To facilitate organization of comments, comments should refer to “Amplifier Rule Regulatory Review, 16 CFR Part 432, Comment, Project No. P974222.” A comment filed in paper form should include this reference both in the text and on the envelope, and should be mailed or delivered to the following address: Federal Trade Commission/Office of the Secretary, Room H-135 (Annex E), 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. Comments containing confidential material must be filed in paper form, must be clearly labeled “Confidential,” and must comply with Commission Rule 4.9(c). 1 The FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible, because postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. 1 The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission’s General Counsel, consistent with applicable law and the public interest. *See* Commission Rule 4.9(c), 16 CFR 4.9(c). Comments filed in electronic form should be submitted by following the instructions on the web-based form at *https://secure.commentworks.com/ftc-AmplifierRuleReview.* To ensure that the Commission considers an electronic comment, you must file it on that web-based form. You may also visit *http://www.regulations.gov* to read this notice, and may file an electronic comment through that website. The Commission will consider all comments that *www.regulations.gov* forwards to it. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives, whether filed in paper or electronic form. Comments received will be available to the public on the FTC website, to the extent practicable, at *http://www.ftc.gov.* As a matter of discretion, the FTC makes every effort to remove individuals’ home contact information from the public comments it receives before placing those comments on the FTC website. To read our policy on how we handle the information you submit—including routine uses permitted by the Privacy Act—please review the FTC’s privacy policy, at *http://www.ftc.gov/ftc/privacy.shtm* . FOR FURTHER INFORMATION CONTACT: Jock Chung, Attorney, 202-326-2984, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission. SUPPLEMENTARY INFORMATION: I. Background In response to misleading or confusing power distortion and other performance claims, the Commission issued the Amplifier Rule in 1974 to assist consumers purchasing power amplification equipment for home entertainment purposes by standardizing the measurement and disclosure of various amplifier performance characteristics (39 FR 15387). The Rule establishes uniform test standards and disclosures to aid consumers in making meaningful comparisons of amplifier performance attributes. II. Regulatory Review of the Amplifier Rule The Commission reviews each of its rules and guides periodically to assess the rule’s or guide’s efficacy, costs, and benefits; and to determine whether to retain, modify, or rescind it. This notice commences the Commission’s review of the Amplifier Rule. A. General Areas of Interest for FTC Review As part of its review, the Commission seeks comment on a number of general issues, including the continuing need for the Rule and its economic impact. The Commission believes that this review is important to ensure that the Rule is appropriately responsive to changes in the marketplace. B. Specific Areas of Interest for FTC Review After its last revisions to the Rule in 2000, the Commission issued a Supplemental Notice of Proposed Rulemaking (“SNPR”) soliciting comment on Commission proposals to amend the definition of “associated channels” in connection with the power rating testing of multichannel “home theater” amplifiers (65 FR 80798 (2000)). Multichannel amplifiers incorporate five or more amplification channels and are designed to decode and/or amplify digitally encoded multichannel movie soundtracks or music. Section 432.2(a) of the Rule requires an amplifier’s continuous power output per channel to be “[m]easured with all associated channels fully driven to rated per channel power.” 2 Thus, manufacturers of multichannel audio/video receivers and amplifiers must decide which of the five or more discrete channels of amplification are “associated” and, therefore, subject to simultaneous operation at full rated power. In its SNPR, the Commission solicited public comment on three alternative designations of “associated channels” for such audio amplifiers. 3 2 This continuous measurement represents the maximum per-channel power an amplifier can deliver over a five minute period. 3 The three proposed alternatives were:

(1)all channels associated as one group;

(2)the front right and left channels and the center channel associated as one group, and the surround channels associated as a second group; and

(3)the front stereo channels associated as one group, the center channel treated as a second group, and the surround channels associated as a third group. The SNPR elicited one comment, submitted by the Consumer Electronics Association (“CEA”). CEA noted that there was no industry consensus on testing, measuring, and specifying the power output of multichannel amplifier products. Consequently, CEA formed an industry working group to establish a voluntary industry standard. On January 15, 2002, at the request of CEA, the Commission deferred action on the proposed rule to allow a consensus procedure for the testing of multichannel amplifiers to develop (67 FR 1915). Although CEA subsequently issued a standard, designated CEA-490-A, “Test Methods of Measurement for Audio Amplifiers,” 4 the Commission’s review did not find widespread adoption of this standard in advertisements or product specifications. 4 Copies of the test procedures may be obtained for a fee from IHS Inc., 15 Inverness Way East, Englewood, CO 80112, or online from *http://global.ihs.com/doc_detail.cfm?item_s_key=00033449&item_key_date=970530&rid=CEA.* With no universally adopted power rating standard for multichannel amplifiers, the Commission was faced with the prospect of making a regulatory decision affecting a growing market for “home theaters” based on an outdated record. Consequently, the Commission terminated its rulemaking on March 20, 2007, stating that the rulemaking record was insufficient for further regulatory decisions (72 FR 13052). However, when it terminated the rulemaking, the Commission stated that it would place the Amplifier Rule on its regulatory review schedule for 2008, during which it would solicit comments to determine what, if any amendments are appropriate to address the testing of multichannel amplifiers. Some of the questions included in this notice, therefore, address issues regarding the usage of multichannel “home theater” amplifiers by consumers, and the costs and benefits of requiring different methodologies for rating the power output of multichannel “home theater” amplifiers. By including these issues, the Commission intends to facilitate comment, and the inclusion, or exclusion, of any issue is no indication of the Commission’s intent to make any specific modifications to the Rule. III. Issues for Comment The Commission requests written comment on any or all of the following questions. Please make your responses as specific as possible, including a reference to the question being answered, and reference to empirical data or other evidence wherever available and appropriate. A. General Issues

(1)Is there a continuing need for the Rule? Why or why not?

(2)What benefits has the Rule provided to consumers? What evidence supports the asserted benefits?

(3)What modifications, if any, should be made to the Rule to increase its benefits to consumers?

(a)What evidence supports your proposed modifications?

(b)How would these modifications affect the costs and benefits of the Rule for consumers?

(c)How would these modifications affect the costs and benefits of the Rule for businesses, and in particular small businesses?

(4)What impact has the Rule had on the flow of truthful information to consumers and on the flow of deceptive information to consumers?

(5)What significant costs has the Rule imposed on consumers? What evidence supports the asserted costs?

(6)What modifications, if any, should be made to the Rule to reduce the costs imposed on consumers?

(a)What evidence supports your proposed modifications?

(b)How would these modifications affect the costs and benefits of the Rule for consumers?

(c)How would these modifications affect the costs and benefits of the Rule for businesses, and in particular small businesses?

(7)Please provide any evidence that has become available since 2000 concerning consumer perception of home entertainment amplifier power rating claims, including claims not currently covered by the Rule. Does this new information indicate that the Rule should be modified? If so, why, and how? If not, why not?

(8)Please provide any evidence that has become available since 2000 concerning consumer interest in particular home entertainment amplifier power rating issues. Does this new information indicate that the Rule should be modified? If so, why, and how? If not, why not?

(9)What benefits, if any, has the Rule provided to businesses, and in particular to small businesses? What evidence supports the asserted benefits?

(10)What modifications, if any, should be made to the Rule to increase its benefits to businesses, and in particular to small businesses?

(a)What evidence supports your proposed modifications?

(b)How would these modifications affect the costs and benefits of the Rule for consumers?

(c)How would these modifications affect the costs and benefits of the Rule for businesses?

(11)What significant costs, including costs of compliance, has the Rule imposed on businesses, and in particular on small businesses? What evidence supports the asserted costs?

(12)What modifications, if any, should be made to the Rule to reduce the costs imposed on businesses, and in particular on small businesses?

(a)What evidence supports your proposed modifications?

(b)How would these modifications affect the costs and benefits of the Rule for consumers?

(c)How would these modifications affect the costs and benefits of the Rule for businesses?

(13)What evidence is available concerning the degree of industry compliance with the Rule?

(a)To what extent has there been a reduction in deceptive home entertainment amplifier power rating claims since the Rule was issued? Please provide any supporting evidence. Does this evidence indicate that the Rule should be modified? If so, why, and how? If not, why not?

(b)To what extent has the Rule reduced marketers’ uncertainty about which claims might lead to FTC law enforcement actions? Please provide any supporting evidence. Does this evidence indicate that the Rule should be modified? If so, why, and how? If not, why not?

(14)Are there claims addressed in the Rule on which regulation is no longer needed? If so, explain. Please provide supporting evidence.

(15)What potentially unfair or deceptive home entertainment amplifier power rating claims, if any, are not covered by the Rule?

(a)What evidence demonstrates the existence of such claims?

(b)With reference to such claims, should the Rule be modified? If so, why, and how? If not, why not?

(16)What modifications, if any, should be made to the Rule to account for changes in relevant technology or economic conditions? What evidence supports the proposed modifications?

(17)Does the Rule overlap or conflict with other federal, state, or local laws or regulations? If so, how?

(a)What evidence supports the asserted conflicts?

(b)With reference to the asserted conflicts, should the Rule be modified? If so, why, and how? If not, why not?

(c)Is there evidence concerning whether the Rule has assisted in promoting national consistency with respect to the regulation of home entertainment amplifier power rating claims? If so, please provide that evidence.

(18)Are there international laws, regulations, or standards with respect to home entertainment amplifier power rating claims that the Commission should consider as it reviews the Rule? If so, what are they? Should the Rule be modified in order to harmonize with these international laws, regulations, or standards? If so, why, and how? If not, why not?

(19)Do current or impending changes in technology affect whether and how the Rule should be modified? B. Specific Issues

(1)Should the Rule be revised to include additional guidance regarding power ratings for multichannel “home theater” amplifiers? If so, why, and what guidance should be provided? If not, why not? What evidence supports your answer(s)?

(2)What methods are currently used to measure the power outputs of multichannel “home theater” amplifiers? Does use of these methods cause consumer injury? What evidence supports your answer(s)?

(3)How often during typical usage, i.e., for what percentage of usage time, are multichannel “home theater” amplifiers required to produce full rated output in all channels simultaneously? What evidence supports your answer?

(4)How often during typical usage, i.e., for what percentage of usage time, are multichannel “home theater” amplifiers required to produce full rated output in the three front channels simultaneously? What evidence supports your answer?

(5)What are the incremental effects on power ratings for multichannel “home theater” amplifiers of driving two, three, four, five, six, or more channels simultaneously? What evidence supports your answers?

(6)For a given rated power output, e.g., 100 Watts per channel, what is the added cost of producing a multichannel “home theater” amplifier that can provide full rated power in all channels simultaneously rather than in only one channel? What evidence supports your answer?

(7)Should the Rule require that any channels be designated as associated when testing the power output of multichannel “home theater” amplifiers? If so, which channels should be designated as associated? What evidence supports your answer?

(8)Should Consumer Electronics Association protocol CEA-490-A be incorporated into the Rule? Why or why not? What evidence supports your answer?

(9)Do current or impending changes in technology, such as the development of self-powered wired and wireless speakers, affect whether and how the Rule should be modified regarding power rating protocols for multichannel “home theater” amplifiers? List of Subjects in 16 CFR Part 432 Amplifiers, Home entertainment products, Trade practices. Authority: 15 U.S.C. 41-58. By direction of the Commission. Donald S. Clark, Secretary [FR Doc. E8-3715 Filed 2-26-08: 8:45 am] [BILLING CODE 6750-01-S] DEPARTMENT OF LABOR Employee Benefits Security Administration 29 CFR Part 2550 Hearing on Reasonable Contracts or Arrangements Under Section 408(b)(2)—Fee Disclosure AGENCY: Employee Benefits Security Administration, U.S. Department of Labor. ACTION: Notice of hearing. SUMMARY: Notice is hereby given that the Department of Labor will hold a hearing on the Department's proposed regulation under section 408(b)(2) of the Employee Retirement Income Security Act of 1974 (ERISA) and the related proposed class exemption. DATES: The hearing will be held on March 20, 2008, and March 21 (if necessary), beginning at 9 a.m., EST. ADDRESSES: The hearing will be held at the U.S. Department of Labor, Room S-4215 A-C, 200 Constitution Avenue, NW., Washington, DC 20210. FOR FURTHER INFORMATION CONTACT: Fil Williams, Office of Regulations and Interpretations, Employee Benefits Security Administration,

(202)693-8510. This is not a toll-free number. SUPPLEMENTARY INFORMATION: On December 13, 2007, notice was published in the **Federal Register** (72 FR 70988) that the Department of Labor (the Department) has under consideration a proposal to amend its regulation 29 CFR 2550.408b-2(c) under ERISA section 408(b)(2) relating to the provision of services to employee benefit plans. The proposed regulation would provide that a “reasonable” contract or arrangement under ERISA section 408(b)(2) 1 between an employee benefit plan and certain service providers must include, among other things, certain disclosures concerning service provider compensation and conflicts of interest. 2 1 Section 408(b)(2) of ERISA provides relief from the prohibited transaction rules for service contracts or arrangements between a plan and a party in interest if the contract or arrangement is reasonable, the services are necessary for the establishment or operation of the plan, and no more than reasonable compensation is paid for the services. Regulations issued by the Department clarify each of these conditions to the exemption. See 29 CFR § 2550.408b-2. 2 Currently, the regulation at 29 CFR § 2550.408b-2(c) states only that a contract or arrangement is not reasonable unless it permits the plan to terminate without penalty on reasonably short notice. Specifically, upon adoption, the proposal would require contracts and arrangements between employee benefit plans and certain providers of services to such plans to be in writing and to include provisions to ensure certain disclosures to enable the plan fiduciary to assess the reasonableness of compensation or fees that the service provider would receive (from the plan and third parties) in connection with services rendered to the plan. The disclosures are also designed to enable the plan fiduciary to evaluate potential conflicts of interest that may affect the service provider's performance under the contract or arrangement. In the notice of proposed regulation, the Department invited all interested persons to submit written comments on or before February 11, 2008. To date, the Department has received approximately 90 written comments on the proposal, many of which were from major industry groups and plan fiduciaries. All written comments are available to the public, without charge, online at *http://www.dol.gov/ebsa* and at the Public Disclosure Room, N-1513, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. In addition, the Department published in the **Federal Register** on December 13, 2007 (72 FR 70893), a notice of proposed class exemption that would provide relief from certain prohibited transaction restrictions of ERISA. The proposed class exemption would relieve the responsible plan fiduciary from any liability for a prohibited transaction that would result from entering into a contract or arrangement for the provision of services when the service provider failed to comply with the proposed regulation. The Department proposed the class exemption on its own motion pursuant to section 408(a) of ERISA, and in accordance with the procedures set forth in 29 CFR part 2570, subpart B (55 FR 32836, August 10, 1990). In the notice of proposed exemption, the Department invited interested persons to submit written comments on or before February 11, 2008. The Department has received separate written comments on the proposed exemption, in addition to those comments made as part of information received from the public on the proposed regulation. In view of the importance of these initiatives and their potential for significantly affecting the provision of services to employee benefit plans, the Department has decided to hold a public hearing. The primary purpose of this hearing is to further develop the public record regarding the regulation and the class exemption and to assist the Department to understand the issues involved. The hearing will be held on March 20, 2008, and March 21, if necessary, beginning at 9 a.m. and ending at 5 p.m., EST, in Room S-4215 A-C of the Department of Labor, Francis Perkins Building, at 200 Constitution Avenue, NW., Washington, DC 20210. Persons interested in presenting testimony and answering questions at this public hearing must submit, by 3:30 p.m., EST, March 10, 2008, the following information:

(1)A written request to be heard; and

(2)An outline of the topics to be discussed, indicating the time allocated to each topic. To facilitate the receipt and processing of responses, EBSA encourages interested persons to submit their requests and outlines electronically by e-mail to *e-ORI@dol.gov* . Persons submitting requests and outlines electronically are encouraged not to submit paper copies. Persons submitting requests and outlines on paper should send or deliver their requests and outlines (preferably at least three copies) to the Office of Regulations and Interpretations, Employee Benefits Security Administration, Attn: 408(b)(2) Hearing, Rooms N-5655, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. All requests and outlines submitted to the Department will be available to the public, without charge, online at *http://www.dol.gov/ebsa* and at the Public Disclosure Room, N-1513, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. The Department will prepare an agenda indicating the order of presentation of oral comments and testimony. In the absence of special circumstances, each presenter will be allotted ten

(10)minutes in which to complete his or her presentation. Any individuals with disabilities who may need special accommodations should notify Fil Williams on or before March 10, 2008. Information about the agenda will be posted on *http://www.dol.gov/ebsa* on or after March 10, 2008, or may be obtained by contacting Fil Williams, Office of Regulations and Interpretations, Employee Benefits Security Administration, U.S. Department of Labor, telephone

(202)693-8510 (this is not a toll-free number). Those individuals who make oral comments and testimonies at the hearing should be prepared to answer questions regarding their information and/or comments. The hearing will be transcribed. Notice of Public Hearing Notice is hereby given that a public hearing will be held on March 20, 2008, and March 21, if necessary, concerning the Department's proposed regulation under section 408(b)(2) of ERISA and the related proposed class exemption. The hearing will be held beginning at 9 a.m. in Room S-4215 A-C of the U.S. Department of Labor, Francis Perkins Building, 200 Constitution Avenue, NW., Washington, DC 20210. Signed at Washington, DC, this 21st day of February 2008. Bradford P. Campbell, Assistant Secretary, Employee Benefits Security Administration, U.S. Department of Labor. [FR Doc. E8-3601 Filed 2-26-08; 8:45 am] BILLING CODE 4510-29-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 55 [EPA-R01-OAR-2008-0112; A-1-FRL-8533-7] Outer Continental Shelf Air Regulations Consistency Update for Massachusetts AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule-consistency update. SUMMARY: EPA is proposing to update a portion of the Outer Continental Shelf (“OCS”) Air Regulations. Requirements applying to OCS sources located within 25 miles of States' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (“COA”), as mandated by section 328(a)(1) of the Clean Air Act (“the Act”). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources in the Commonwealth of Massachusetts. The intended effect of approving the OCS requirements for the Commonwealth of Massachusetts is to regulate emissions from OCS sources in accordance with the requirements onshore. The change to the existing requirements discussed below is proposed to be incorporated by reference into the Code of Federal Regulations and is listed in the appendix to the OCS air regulations. DATES: Written comments must be received on or before March 28, 2008. ADDRESSES: Submit your comments, identified by Docket ID Number EPA-R01-OAR-2008-0112 by one of the following methods: 1. *www.regulations.gov:* Follow the on-line instructions for submitting comments. 2. *E-mail: mcdonnell.ida@epa.gov.* 3. *Fax:*

(617)918-0653. 4. *Mail:* “Docket Identification Number EPA-R01-OAR-2008-0112”, Ida McDonnell, U.S. Environmental Protection Agency, EPA New England Regional Office, One Congress Street, Suite 1100 (mail code CAP), Boston, MA 02114-2023. 5. *Hand Delivery or Courier:* Deliver your comments to: Ida McDonnell, Air Permits, Toxics and Indoor Air Unit, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, One Congress Street, 11th floor, (CAP), Boston, MA 02114-2023. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding legal holidays. *Instructions:* Direct your comments to Docket ID No. EPA-R01-OAR-2008-0112. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit through *www.regulations.gov,* or e-mail, information that you consider to be CBI or otherwise protected. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket:* All documents in the electronic docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, One Congress Street, Suite 1100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Ida E. McDonnell, Air Permits, Toxics and Indoor Air Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, One Congress Street, Suite 1100 (CAP), Boston, MA 02114-2023, telephone number

(617)918-1653, fax number

(617)918-0653, e-mail *mcdonnell.ida@epa.gov.* SUPPLEMENTARY INFORMATION: Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA. Organization of this document. The following outline is provided to aid in locating information in this preamble. I. Background and Purpose II. EPA's Evaluation III. Proposed Action IV. Statutory and Executive Order Reviews I. Background and Purpose On September 4, 1992, EPA promulgated 40 CFR part 55, 1 which established requirements to control air pollution from Outer Continental Shelf

(OCS)sources in order to attain and maintain federal and state ambient air quality standards and to comply with the provisions of part C of title I of the Act. Part 55 applies to all OCS sources offshore of the States except those located in the Gulf of Mexico west of 87.5 degrees longitude. Section 328 of the Act requires that for such sources located within 25 miles of a State's seaward boundary, the requirements shall be the same as would be applicable if the sources were located in the corresponding onshore area (COA). Because the OCS requirements are based on onshore requirements, and onshore requirements may change, section 328(a)(1) requires that EPA update the OCS requirements as necessary to maintain consistency with onshore requirements. 1 The reader may refer to the Notice of Proposed Rulemaking, December 5, 1991 (56 FR 63774), and the preamble to the final rule promulgated September 4, 1992 (57 FR 40792) for further background and information on the OCS regulations. Pursuant to § 55.12 of the OCS rule, consistency reviews will occur

(1)at least annually;

(2)upon receipt of a Notice of Intent under § 55.4; or

(3)when a state or local agency submits a rule to EPA to be considered for incorporation by reference in part 55. This proposed action is being taken in response to the submittal of a Notice of Intent on December 7, 2007 by Cape Wind Associates, LLC of Boston, Massachusetts. Public comments received in writing within 30 days of publication of this document will be considered by EPA before publishing a final rule. Section 328(a) of the Act requires that EPA establish requirements to control air pollution from OCS sources located within 25 miles of States' seaward boundaries that are the same as onshore requirements. To comply with this statutory mandate, EPA must incorporate applicable onshore rules into part 55 as they exist onshore. This limits EPA's flexibility in deciding which requirements will be incorporated into part 55 and prevents EPA from making substantive changes to the requirements it incorporates. As a result, EPA may be incorporating rules into part 55 that do not conform to all of EPA's state implementation plan (“SIP”) guidance or certain requirements of the Act. Consistency updates may result in the inclusion of state or local rules or regulations into part 55, even though the same rules may ultimately be disapproved for inclusion as part of the SIP. Inclusion in the OCS rule does not imply that a rule meets the requirements of the Act for SIP approval, nor does it imply that the rule will be approved by EPA for inclusion in the SIP. II. EPA's Evaluation In updating 40 CFR part 55, EPA reviewed the state rules for inclusion in part 55 to ensure that they are rationally related to the attainment or maintenance of federal or state ambient air quality standards or part C of title I of the Act, that they are not designed expressly to prevent exploration and development of the OCS and that they are applicable to OCS sources. 40 CFR 55.1. EPA has also evaluated the rules to ensure they are not arbitrary or capricious. 40 CFR 55.12(e). In addition, EPA has excluded administrative or procedural rules, 2 and requirements that regulate toxics which are not related to the attainment and maintenance of federal and state ambient air quality standards. 2 Each COA which has been delegated the authority to implement and enforce part 55, will use its administrative and procedural rules as onshore. However, in those instances where EPA has not delegated authority to implement and enforce part 55, as in Massachusetts, EPA will use its own administrative and procedural requirements to implement the substantive requirements. See 40 CFR 55.14 (c)(4). EPA is soliciting public comments on the issues discussed in this document or on other relevant matters. These comments will be considered before taking final action. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to the EPA New England Regional Office listed in the ADDRESSES section of this **Federal Register.** III. Proposed Action EPA is proposing to incorporate the rules applicable to sources for which the Commonwealth of Massachusetts will be the COA. The rules that EPA proposes to incorporate are applicable provisions of 310 Code of Massachusetts Regulations

(CMR)4.00: Timely Action Schedule and Fee Provisions, 310 CMR 6.00: Ambient Air Quality Standards for the Commonwealth of Massachusetts, 310 CMR 7.00: Air Pollution Control, and 310 CMR 8:00: The Prevention and/or Abatement of Air Pollution Episode and Air Pollution Incident Emergencies. With respect to the Air Pollution Control regulations at 310 CMR 7.00, Massachusetts is divided into six regions known as air pollution control districts, three of which (Merrimack Valley, Metropolitan Boston, and Southeastern Massachusetts) are coastal. 3 Many of the specific provisions of the Air Pollution Control regulations are limited to certain air pollution control districts, or apply differently in different air pollution control districts. 3 These districts are not associated with separate air pollution control agencies; they are purely conceptual. In interpreting such provisions as they are incorporated into part 55, EPA proposes to treat any existing or proposed OCS source as if it were located in the specific air pollution control district that is geographically closest to that source. EPA is relying on this interpretation for purposes of this action. If EPA does not receive comments to the contrary from any party during the public comment period, the interpretation stated above will represent EPA's formal interpretations of the provisions incorporated into part 55 for purposes of federal law. With respect to the Prevention and/or Abatement of Air Pollution Episode and Air Pollution Incident Emergencies regulations at 310 CMR 8.00, EPA proposes to rely on the Massachusetts Department of Environmental Protection's evaluation, declaration, and notice of an Air Pollution Episode or Incident Emergency applicable to the point on land nearest to an OCS source. Specifically, in interpreting the Massachusetts Prevention and/or Abatement of Air Pollution Episode and Air Pollution Incident Emergencies regulations as they are incorporated into part 55, EPA proposes to treat any existing or proposed OCS source as if it were located at the point on land that is geographically closest to that source. The restrictions that the Department of Environmental Protection applies to on-shore sources on that point of land pursuant to these regulations would then apply to the OCS source as if it were located on that point of land. EPA is relying on this interpretation for purposes of this action. If EPA does not receive comments to the contrary from any party during the public comment period, the interpretation stated above will represent EPA's formal interpretations of the provisions incorporated into part 55 for purposes of federal law. IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the Agency must determine whether the regulatory action is “significant” and therefore subject to Office of Management and Budget (“OMB”) review and the requirements of the Executive Order. The Order defines “significant regulatory action” as one 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. This action is not a “significant regulatory action” under the terms of Executive Order 12866 and is therefore not subject to OMB Review. These rules implement requirements specifically and explicitly set forth by the Congress in section 328 of the Clean Air Act, without the exercise of any policy discretion by EPA. These OCS rules already apply in the COA, and EPA has no evidence to suggest that these OCS rules have created an adverse material effect. As required by section 328 of the Clean Air Act, this action simply updates the existing OCS requirements to make them consistent with rules in the COA. B. Paperwork Reduction Act The OMB has approved the information collection requirements contained in 40 CFR part 55, and by extension this update to the rules, under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-0249. Notice of OMB's approval of EPA Information Collection Request (“ICR”) No. 1601.06 was published in the **Federal Register** on March 1, 2006 (71 FR 10499-10500). The approval expires January 31, 2009. As EPA previously indicated (70 FR 65897-65898 (November 1, 2005)), the annual public reporting and recordkeeping burden for collection of information under 40 CFR part 55 is estimated to average 549 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9 and are identified on the form and/or instrument, if applicable. In addition, EPA is amending the table in 40 CFR part 9 of currently approved OMB control numbers for various regulations to list the regulatory citations for the information requirements contained in this final rule. C. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and small governmental jurisdictions. These rules will not have a significant economic impact on a substantial number of small entities. These rules implement requirements specifically and explicitly set forth by the Congress in section 328 of the Clean Air Act, without the exercise of any policy discretion by EPA. These OCS rules already apply in the COA, and EPA has no evidence to suggest that these OCS rules have had a significant economic impact on a substantial number of small entities. As required by section 328 of the Clean Air Act, this action simply updates the existing OCS requirements to make them consistent with rules in the COA. Therefore, this action will not have a significant economic impact on a substantial number of small entities. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (“UMRA”), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. This document contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local, or tribal governments or the private sector that may result in expenditures of $100 million or more for State, local, or tribal governments, in the aggregate, or to the private sector in any one year. This action would implement requirements specifically and explicitly set forth by the Congress in section 328 of the Clean Air Act without the exercise of any policy discretion by EPA. The OCS rules already apply in the COA, and EPA has no evidence to suggest that applying them in the OCS would result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. As required by section 328 of the Clean Air Act, this action simply updates the existing OCS requirements to make them consistent with rules in the COA. E. Executive Order 13132, Federalism Executive Order 13132, entitled “Federalism” (64 FR 43255 (August 10, 1999)), requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order to include regulations that have “substantial direct effects 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.” This proposed rule does not have federalism implications. It will not have substantial direct effects 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, as specified in Executive Order 13132. These rules implement requirements specifically and explicitly set forth by the Congress in section 328 of the Clean Air Act, without the exercise of any policy discretion by EPA. As required by section 328 of the Clean Air Act, this rule simply updates the existing OCS rules to make them consistent with current COA requirements. These rules do not amend the existing provisions within 40 CFR part 55 enabling delegation of OCS regulations to a COA, and this rule does not require the COA to implement the OCS rules. Thus, Executive Order 13132 does not apply to this rule. In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and State and local governments, EPA specifically solicits comments on this proposed rule from State and local officials. F. Executive Order 13175, Coordination With Indian Tribal Governments Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” This rule does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes or on the distribution of power and responsibilities between the Federal Government and Indian tribes and thus does not have “tribal implications,” within the meaning of Executive Order 13175. This rule implements requirements specifically and explicitly set forth by the Congress in section 328 of the Clean Air Act, without the exercise of any policy discretion by EPA. As required by section 328 of the Clean Air Act, this rule simply updates the existing OCS rules to make them consistent with current COA requirements. In addition, this rule does not impose substantial direct compliance costs on tribal governments, nor preempt tribal law. Consultation with Indian tribes is therefore not required under Executive Order 13175. Nonetheless, in the spirit of Executive Order 13175 and consistent with EPA policy to promote communications between EPA and tribes, EPA specifically solicits comments on this proposed rule from tribal officials. G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks Executive Order 13045: “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885 (April 23, 1997)), applies to any rule that:

(1)Is determined to be “economically significant” as defined under Executive Order 12866, and

(2)concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This proposed rule is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866. In addition, the Agency does not have reason to believe the environmental health or safety risks addressed by this action present a disproportional risk to children. H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution, or Use This proposed rule is not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (“NTTAA”), Public Law 104-113, section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable laws or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decided not to use available and applicable voluntary consensus standards. As discussed above, these rules implement requirements specifically and explicitly set forth by the Congress in section 328 of the Clean Air Act, without the exercise of any policy discretion by EPA. As required by section 328 of the Clean Air Act, this rule simply updates the existing OCS rules to make them consistent with current COA requirements. In the absence of a prior existing requirement for the state to use voluntary consensus standards and in light of the fact that EPA is required to make the OCS rules consistent with current COA requirements, it would be inconsistent with applicable law for EPA to use voluntary consensus standards in this action. Therefore, EPA is not considering the use of any voluntary consensus standards. EPA welcomes comments on this aspect of the proposed rulemaking and, specifically, invites the public to identify potentially-applicable voluntary consensus standards and to explain why such standards should be used in this regulation. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA lacks the discretionary authority to address environmental justice in this proposed action. This rule implements requirements specifically and explicitly set forth by the Congress in section 328 of the Clean Air Act, without the exercise of any policy discretion by EPA. As required by section 328 of the Clean Air Act, this rule simply updates the existing OCS rules to make them consistent with current COA requirements. Although EPA lacks authority to modify today's regulatory decision on the basis of environmental justice considerations, EPA nevertheless explored this issue and found the following. This action, namely, updating the OCS rules to make them consistent with current COA requirements, will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority or low-income population. Environmental justice considerations may be appropriate to consider in the context of a specific OCS permit application. List of Subjects in 40 CFR Part 55 Environmental protection, Administrative practice and procedure, Air pollution control, Continental Shelf, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated: February 19, 2008. Robert W. Varney, Regional Administrator, EPA New England. For the reasons stated in the preamble, title 40, chapter I of the Code of Federal Regulations, is proposed to be amended as follows: PART 55—[AMENDED] 1. The authority citation for part 55 continues to read as follows: Authority: Section 328 of the Act (42 U.S.C. 7401, *et seq.* ) as amended by Public Law 101-549. 2. Section 55.14 is amended as follows: a. By adding paragraph (d)(11). b. In paragraph

(e)introductory text by adding a new address after the words “regional offices:”. c. By adding paragraph (e)(11). § 55.14 Requirements that apply to OCS sources located within 25 miles of States' seaward boundaries, by State.

(d)* * *

(11)Massachusetts.

(i)40 CFR part 52, subpart W.

(ii)[Reserved]

(e)* * * U.S. EPA, Region 1 (Massachusetts) One Congress Street, Boston, MA 02114-2023 * * *

(11)Massachusetts.

(i)State requirements.

(A)Commonwealth of Massachusetts Requirements Applicable to OCS Sources, December 28, 2007.

(B)[Reserved]

(ii)Local requirements.

(A)[Reserved] 3. Appendix A to part 55 is amended by adding an entry for Massachusetts in alphabetical order to read as follows: Appendix A to Part 55—Listing of State and Local Requirements Incorporated by Reference Into Part 55, By State Massachusetts

(a)State requirements.

(1)The following Commonwealth of Massachusetts requirements are applicable to OCS Sources, December 28, 2007, Commonwealth of Massachusetts—Department of Environmental Protection. The following sections of 310 CMR 4.00, 310 CMR 6.00, 310 CMR 7.00 and 310 CMR 8.00: 310 CMR 4.00: Timely Action Schedule and Fee Provisions Section 4.01: Purpose, Authority and General Provisions (Effective 10/19/2007) Section 4.02: Definitions (Effective 10/19/2007) Section 4.03: Annual Compliance Assurance Fee (Effective 10/19/2007) 310 CMR 6.00: Ambient Air Quality Standards for the Commonwealth of Massachusetts Section 6.01: Definitions (Effective 12/28/2007) Section 6.02: Scope (Effective 12/28/2007) Section 6.03: Reference Conditions (Effective 12/28/2007) Section 6.04: Standards (Effective 12/28/2007) 310 CMR 7.00: Air Pollution Control Section 7.00: Statutory Authority; Legend; Preamble; Definitions (Effective 12/28/2007) Section 7.01: General Regulations to Prevent Air Pollution (Effective 12/28/2007) Section 7.02: U Plan Approval and Emission Limitations (Effective 12/28/2007) Section 7.03: U Plan Approval Exemptions: Construction Requirements (Effective 12/28/2007) Section 7.04: U Fossil Fuel Utilization Facilities (Effective 12/28/2007) Section 7.05: U Fuels All Districts (Effective 12/28/2007) Section 7.06: U Visible Emissions (Effective 12/28/2007) Section 7.07: U Open Burning (Effective 12/28/2007) Section 7.08: U Incinerators (Effective 12/28/2007) Section 7.09: U Dust, Odor, Construction and Demolition (Effective 12/28/2007) Section 7.11: U Transportation Media (Effective 12/28/2007) Section 7.12: U Source Registration (Effective 12/28/2007) Section 7.13: U Stack Testing (Effective 12/28/2007) Section 7.14: U Monitoring Devices and Reports (Effective 12/28/2007) Section 7.15: U Asbestos (Effective 12/28/2007) Section 7.18: U Volatile and Halogenated Organic Compounds (Effective 12/28/2007) Section 7.19: U Reasonably Available Control Technology

(RACT)for Sources of Oxides of Nitrogen (NO X ) (Effective 12/28/2007) Section 7.21: Sulfur Dioxide Emissions Limitations (Effective 12/28/2007) Section 7.22: Sulfur Dioxide Emissions Reductions for the Purpose of Reducing Acid Rain (Effective 12/28/2007) Section 7.24: U Organic Material Storage and Distribution (Effective 12/28/2007) Section 7.25: U Best Available Controls for Consumer and Commercial Products (Effective 12/28/2007) Section 7.26: Industry Performance Standards (Effective 12/28/2007) Section 7.27: NO X Allowance Program (Effective 12/28/2007) Section 7.28: NO X Allowance Trading Program (Effective 12/28/2007) Section 7.29: Emissions Standards for Power Plants (Effective 12/28/2007) Section 7.60: U Severability (Effective 12/28/2007) Section 7.00: Appendix A (Effective 12/28/2007) Section 7.00: Appendix B (Effective 12/28/2007) Section 7.00: Appendix C (Effective 12/28/2007) 310 CMR 8.00: The Prevention and/or Abatement of Air Pollution Episode and Air Pollution Incident Emergencies Section 8.01: Introduction (Effective 12/28/2007) Section 8.02: Definitions (Effective 12/28/2007) Section 8.03: Air Pollution Episode Criteria (Effective 12/28/2007) Section 8.04: Air Pollution Episode Potential Advisories (Effective 12/28/2007) Section 8.05: Declaration of Air Pollution Episodes and Incidents (Effective 12/28/2007) Section 8.06: Termination of Air Pollution Episodes and Incident Emergencies (Effective 12/28/2007) Section 8.07: Emission Reductions Strategies (Effective 12/28/2007) Section 8.08: Emission Reduction Plans (Effective 12/28/2007) Section 8.15: Air Pollution Incident Emergency (Effective 12/28/2007) Section 8.30: Severability (Effective 12/28/2007)

(2)[Reserved] [FR Doc. E8-3614 Filed 2-26-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 97 [EPA-HQ-OAR-2003-0053; FRL-8534-2] Clean Air Interstate Rule: Notice of the Filing of Petition for Administrative Review AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of the filing of petition for administrative review. SUMMARY: On November, 26 2007, Nelson Industrial Steam Company (NISCO) filed a petition requesting that the Environmental Appeals Board review the Clean Air Interstate Rule

(CAIR)applicability determination made on October 22, 2007. In the applicability determination, EPA concluded that NISCO's Nelson Units 1 and 2 are CAIR SO 2 , NO X , and NO X ozone season units because they meet the criteria for being such CAIR units under regulations of the EPA-administered CAIR trading programs. SUPPLEMENTARY INFORMATION: In the applicability determination, EPA concluded that NISCO's Nelson Units 1 and 2 are CAIR SO 2 , NO X , and NO X ozone season units because they meet the criteria for being such CAIR units under 40 CFR 97.104, 97.204, and 97.304 of the EPA-administered CAIR trading programs. This appeal was filed under 40 CFR part 78. Motions for leave to intervene in the proceeding under 40 CFR 78.11 must be filed by March 28, 2008 with the Environmental Appeals Board. FOR FURTHER INFORMATION CONTACT: Ragan Tate, Attorney-Advisor, Office of General Counsel (2344A), U.S. Environmental Protection Agency, Ariel Rios Building—North, 1200 Pennsylvania Ave., NW., Washington, DC 20460 at

(202)343-9883 or

(214)665-8020. Dated: February 21, 2008. Elizabeth Craig, Acting Principal Deputy Assistant Administrator, Office of Air and Radiation. [FR Doc. E8-3694 Filed 2-26-08; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 76 [MB Docket No. 92-264; FCC 07-219] The Commission's Cable Horizontal and Vertical Ownership Limits AGENCY: Federal Communications Commission. ACTION: Proposed rule. SUMMARY: This document proposes changes to the cable and broadcast attribution rules. The cable attribution rules seek to identify those corporate, financial, partnership, ownership, and other business relationships that confer on their holders a degree of ownership or other economic interest, or influence or control over an entity engaged in the provision of communications services such that the holders should be subject to the Commission's regulation. The broadcast attribution rules define which financial or other interests in a licensee must be counted in applying the broadcast ownership rules, and seek to identify “those interests in or relationships to licensees that confer on their holders a degree of influence or control such that the holders have a realistic potential to affect the programming decisions of licensees or other core operating functions.” This document further proposes changes to the rules and regulations establishing reasonable limits on the number of channels on a cable system that can be occupied by a video programmer in which a cable operator has an attributable interest. DATES: Comments are due on or before March 28, 2008. Reply comments are due on or before April 14, 2008. ADDRESSES: You may submit comments, identified by MB Docket No. 92-264; FCC 07-219, by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/.* Follow the instructions for submitting comments. • *Mail:* 445 12th Street, SW., Washington, DC 20554, with a copy to the Commission's duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. • *People with Disabilities:* Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by e-mail: *FCC504@fcc.gov* or phone: 202-418-0530 or TTY: 202-418-0432. For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For additional information on this proceeding, please contact Elvis Stumbergs, Industry Analysis Division, Media Bureau at

(202)418-2330. For Press Inquiries, please contact Mary Diamond, Media Bureau, at

(202)418-7200. SUPPLEMENTARY INFORMATION: This is a summary of the Federal Communications Commission's *Further Notice of Proposed Rulemaking* (“FNPRM”) in MB Docket No. 92-264, FCC 07-219, adopted December 18, 2007, and released February 11, 2008. The full text of this document is available for public inspection and copying during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street, SW., CY-A257, Washington, DC 20554. These documents will also be available via ECFS ( *http://www.fcc.gov/cgb/ecfs* ). The complete text may be purchased from the Commission's copy contractor, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. To request this document in accessible formats (computer diskettes, large print, audio recording and Braille), send an e-mail to *fcc504@fcc.gov* or call the FCC's Consumer and Governmental Affairs Bureau at

(202)418-0530 (voice)

(202)418-0432 (TTY). Summary of the Notice of Proposed Rulemaking 1. The *FNPRM* proposes to amend the Commission's Rules as follows:

(a)With regard to the general cable attribution rules and the broadcast attribution rules, to reinstate the single majority shareholder exemption;

(b)with regard to the general cable attribution rules, and more specifically with regard to the cable equity debt attribution rule:

(i)To include the amount of consideration paid for options and warrants in determining whether the 33 percent benchmark is exceeded

(ii)clarify the definition of “total assets” for purposes of applying the EDP rule to include all equity and/or debt in whatever manner or amount held in computing the 33 percent threshold

(iii)clarify that in applying the ED rule, the multiplier formula of the attribution rules will be utilized for identifying indirect, intervening interests, except that the pass-through exception for linkages that exceed a 50 percent interest, under which these interests are not multiplied, will not apply in the cable ED context as it does in the context of corporate voting stock, and

(c)relative to the cable ownership vertical limit, propose to eliminate the 75 channel cap and expand the channel occupancy limit to include video programming networks owned by or affiliated with any cable operator. The *FNPRM* seeks comment on all of these proposed rule changes and related matters including, but not limited to

(i)relative to the cable insulated limited partnership criteria, the extent to which a limited partner may engage in the sale of programming to the general partnership and still remain exempt from attribution and

(ii)relative to the cable ownership vertical limit, whether the channel occupancy limit should apply to regional programming networks. Further Notice of Proposed Rulemaking Initial Paperwork Reduction Act of 1995 Analysis 2. This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does not contain any new or modified “information collection burden for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, *see* 44 U.S.C. 3506(c)(4). Supplemental Initial Regulatory Flexibility Act Analysis 3. As required by the Regulatory Flexibility Act, as amended (“RFA”) the Commission has prepared this Supplemental Initial Regulatory Flexibility Analysis (“Supplemental IRFA”) of the possible significant economic impact on a substantial number of small entities of the policies and rules considered in this *Further Notice of Proposed Rule Making (“FNPRM”).* Initial Regulatory Flexibility Analyses were included in the *2001 Further Notice of Proposed Rulemaking (“2001 FNPRM”)* and the *2005 Second Further Notice of Proposed Rulemaking (“2005 Second FNPRM”).* Written public comments are requested on this Supplemental IRFA. Comments must be identified as responses to the Supplemental IRFA and must be filed by the deadlines for comments on the *Second FNPRM.* The Commission will send a copy of the *FNPRM,* including this Supplemental IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (“SBA”). In addition, the *FNPRM* and the Supplemental IRFA (or summaries thereof) will be published in the **Federal Register** . A. Need for, and Objectives of, the Proposed Rules 4. The attribution rules identify which interests in a media entity are counted for purposes of applying the broadcast and cable ownership rules. The *FNPRM* invites comment on

(1)whether to retain the single majority shareholder attribution exemption in the cable and broadcast contexts;

(2)whether, under the cable attribution rules, a limited partner may sell programming to the partnership and retain insulation; and

(3)whether the Commission should clarify certain aspects of the cable Equity Debt (“ED”) attribution rule. With respect to the first two issues, the Commission invites further comment on how to respond to the remand of the court in *Time Warner II,* which reversed, vacated, and remanded the Commission's decision to eliminate the single majority shareholder exemption and the Commission's prohibition of the sale of programming by an insulated limited partner to the partnership. 5. Section 613(f) of the Communications Act requires the Commission to establish reasonable limits on the number of channels that can be occupied by the cable system's owned or attributed video programming services (vertical, or channel occupancy, limit). In *Time Warner II,* the DC Circuit remanded the Commission's channel occupancy limit. 6. The Commission subsequently issued its *2001 FNRPM,* seeking comment on whether to reinstate the single majority shareholder exemption in the cable attribution rules, and whether to prohibit insulated limited partners from selling programming to their general partners. The Commission also sought comment aimed at establishing a sound record on which to fashion meaningful and relevant channel occupancy limits given the changes that have occurred in the MVPD industry. While many commenters presented theoretical, legal, or economic arguments and anecdotal evidence, no party provided a compelling approach that supported a particular vertical limit. The Commission subsequently sought to augment the record by means of a programming network survey and econometric analysis, with limited results. In its *2005 Second FNPRM,* the Commission again sought to develop a more focused and useful record. 7. In this *FNPRM,* we seek additional comment on:

(1)Whether to retain the single majority shareholder attribution exemption, which currently applies to the cable and broadcast ownership rules;

(2)whether, under the cable attribution rules, a limited partner may sell programming to the partnership and retain insulation; and

(3)whether the Commission should clarify the Equity Debt (“ED”) provision in the cable attribution rules, to correspond with and reflect the guidance provided in the Commission's reconsideration of its broadcast attribution rules. We also invite comment in the *FNPRM* on how to set a specific channel occupancy limit, responding to the remand of the court in *Time Warner II.* We issue this Supplemental IRFA in order to invite comment on the effects on small entities of the proposals identified in this *FNPRM.* We particularly solicit comment from all small business entities, including minority-owned and women-owned small businesses. B. Basis 8. The *FNRPM* is adopted pursuant to Sections 2(a), 4(i), 303, 307, 309, 310, and 613 of the Communications Act of 1934, as amended, 47 U.S.C. 152(a), 154(i), 303, 307, 309, 310, and 533. C. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply 9. The RFA directs agencies to provide a description of, and, where feasible, an estimate of the number of small entities that may be affected by the proposed rules, if adopted. The RFA defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental entity” under Section 3 of the Small Business Act. In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act. A small business concern is one which:

(1)Is independently owned and operated;

(2)is not dominant in its field of operation; and

(3)satisfies any additional criteria established by the SBA. 10. *Television Broadcasting.* In this context, the application of the statutory definition to television stations is of concern. The Small Business Administration defines a television broadcasting station that has no more than $13 million in annual receipts as a small business. Business concerns included in this industry are those “primarily engaged in broadcasting images together with sound.” According to Commission staff review of the BIA Financial Network, Inc. Media Access Pro Television Database as of December 7, 2007, about 825 (66 percent) of the 1,250 commercial television stations in the United States have revenues of $13 million or less. However, in assessing whether a business entity qualifies as small under the above definition, business control affiliations must be included. Our estimate, therefore, likely overstates the number of small entities that might be affected by any changes to the attribution rules, because the revenue figures on which this estimate is based do not include or aggregate revenues from affiliated companies. 11. An element of the definition of “small business” is that the entity not be dominant in its field of operation. The Commission is unable at this time and in this context to define or quantify the criteria that would establish whether a specific television station is dominant in its market of operation. Accordingly, the foregoing estimate of small businesses to which the rules may apply does not exclude any television stations from the definition of a small business on this basis and is therefore over-inclusive to that extent. An additional element of the definition of “small business” is that the entity must be independently owned and operated. It is difficult at times to assess these criteria in the context of media entities, and our estimates of small businesses to which they apply may be over-inclusive to this extent. 12. *Radio Broadcasting.* The Small Business Administration defines a radio broadcasting entity that has $6.5 million or less in annual receipts as a small business. Business concerns included in this industry are those “primarily engaged in broadcasting aural programs by radio to the public.” According to Commission staff review of the BIA Financial Network, Inc. Media Access Radio Analyzer Database as of December 7, 2007, about 10,500 (95 percent) of 11,050 commercial radio stations in the United States have revenues of $6.5 million or less. We note, however, that in assessing whether a business entity qualifies as small under the above definition, business control affiliations must be included. Our estimate, therefore, likely overstates the number of small entities that might be affected by any changes to the ownership rules, because the revenue figures on which this estimate is based do not include or aggregate revenues from affiliated companies. 13. In this context, the application of the statutory definition to radio stations is of concern. An element of the definition of “small business” is that the entity not be dominant in its field of operation. We are unable at this time and in this context to define or quantify the criteria that would establish whether a specific radio station is dominant in its field of operation. Accordingly, the foregoing estimate of small businesses to which the rules may apply does not exclude any radio station from the definition of a small business on this basis and is therefore over-inclusive to that extent. An additional element of the definition of “small business” is that the entity must be independently owned and operated. We note that it is difficult at times to assess these criteria in the context of media entities, and our estimates of small businesses to which they apply may be over-inclusive to this extent. 14. *Cable and Other Program Distribution.* The Census Bureau recently updated the NAICS and these firms are included in the Wired Telecommunications Carriers category, described as: “This industry comprises establishments primarily engaged in operating and/or providing access to transmission facilities and infrastructure that they own and/or lease for the transmission of voice, data, text, sound, and video using wired telecommunications networks. Transmission facilities may be based on a single technology or a combination of technologies. Establishments in this industry use the wired telecommunications network facilities that they operate to provide a variety of services, such as wired telephony services, including VoIP services; wired (cable) audio and video programming distribution; and wired broadband Internet services. By exception, establishments providing satellite television distribution services using facilities and infrastructure that they operate are included in this industry.” The SBA has updated the small business size standards to accord with the revised NAICS. The size standard for Wired Telecommunications Carriers is all firms having an average of 1,500 or fewer employees. The Census Bureau has not collected information on the size distribution of firms in the revised classification of Wired Telecommunications Carriers. Accordingly we will apply the new size standard to Census Bureau data for 2002 regarding the size distribution of Cable and Other Program Distribution. There were a total of 1,191 firms in this category that operated for the entire year. Of this total, 1,178 firms had fewer than 1,000 employees. Thus, under this size standard, the majority of firms can be considered small. 15. *Cable Companies and Systems.* The Commission has also developed its own small business size standards, for the purpose of cable rate regulation. Under the Commission's rules, a “small cable company” is one serving 400,000 or fewer subscribers, nationwide. Industry data indicate that, of 994 cable operators nationwide, all but thirteen are small under this size standard. In addition, under the Commission's rules, a “small system” is a cable system serving 15,000 or fewer subscribers. Industry data indicate that, of 6,391 systems nationwide, 5,399 systems have under 10,000 subscribers, and an additional 352 systems have 10,000-19,999 subscribers. Thus, under this second size standard, most cable systems are small. 16. *Cable System Operators.* The Communications Act of 1934, as amended, also contains a size standard for small cable system operators, which is “a cable operator that, directly or through an affiliate, serves in the aggregate fewer than 1 percent of all subscribers in the United States and is not affiliated with any entity or entities whose gross annual revenues in the aggregate exceed $250,000,000.” The Commission has determined that an operator serving fewer than 653,000 subscribers shall be deemed a small operator, if its annual revenues, when combined with the total annual revenues of all its affiliates, do not exceed $250 million in the aggregate. Industry data indicate that, of 994 cable operators nationwide, all but thirteen are small under this size standard. We note that the Commission neither requests nor collects information on whether cable system operators are affiliated with entities whose gross annual revenues exceed $250 million, and therefore we are unable to estimate more accurately the number of cable system operators that would qualify as small under this size standard. 17. *Private Cable Operators

(PCOs)also known as Satellite Master Antenna Television (SMATV) Systems.* PCOs, also known as SMATV systems or private communication operators, are video distribution facilities that use closed transmission paths without using any public right-of-way. PCOs acquire video programming and distribute it via terrestrial wiring in urban and suburban multiple dwelling units such as apartments and condominiums, and commercial multiple tenant units such as hotels and office buildings. The SBA definition of small entities for Wired Telecommunications Carriers includes PCOs or SMATV systems and, thus, small entities are defined as all such companies with 1,500 or fewer employees. Currently, there are approximately 76 members in the Independent Multi-Family Communications Council (IMCC), the trade association that represents PCOs. Individual PCOs often serve approximately 3,000-4,000 subscribers, but the larger operations serve as many as 15,000-55,000 subscribers. In total, PCOs currently serve approximately 1.1 million subscribers. Because these operators are not rate regulated, they are not required to file employment data with the Commission. Furthermore, we are not aware of any privately published employment information regarding these operators. Based on the estimated number of operators and the estimated number of units served by the largest ten PCOs, we believe that a substantial number of PCO may qualify as small entities. 18. *Home Satellite Dish (“HSD”) Service.* Because HSD provides subscription services, HSD falls within the SBA-recognized definition of Wired Telecommunications Carriers, which includes all such companies with 1,500 or fewer employees. HSD or the large dish segment of the satellite industry is the original satellite-to-home service offered to consumers, and involves the home reception of signals transmitted by satellites operating generally in the C-band frequency. Unlike DBS, which uses small dishes, HSD antennas are between four and eight feet in diameter and can receive a wide range of unscrambled

(free)programming and scrambled programming purchased from program packagers that are licensed to facilitate subscribers' receipt of video programming. There are approximately 30 satellites operating in the C-band, which carry over 500 channels of programming combined; approximately 350 channels are available free of charge and 150 are scrambled and require a subscription. HSD is difficult to quantify in terms of employment. HSD owners have access to program channels placed on C-band satellites by programmers for receipt and distribution by MVPDs. In January 2007, there were 68,781 households authorized to receive HSD service. The Commission has no information regarding the number of employees for the four C-Band distributors. 19. *Wireless Cable Systems.* Wireless cable systems use the Broadband Radio Service (“BRS”) and Educational Broadband Service (“EBS”) frequencies in the 2 GHz band to transmit video programming and provide broadband services to subscribers. The Census Bureau recently updated the NAICS and these firms are now included in the Wireless Telecommunications Carriers (except Satellite) category, described as: “This industry comprises establishments engaged in operating and maintaining switching and transmission facilities to provide communications via the airwaves. Establishments in this industry have spectrum licenses and provide services using that spectrum, such as cellular phone services, paging services, wireless Internet access, and wireless video services.” The SBA has updated the small business size standards to accord with the revised NAICS and, for Wireless Telecommunications Carriers (except Satellite), the standard is all firms having an average of 1,500 or fewer employees. 20. The Commission has also defined small BRS entities in the context of Commission license auctions. In the 1996 BRS

(MMDS)auction, the Commission defined a small business as an entity that had annual average gross revenues of less than $40 million in the previous three calendar years. This definition of a small entity in the context of MDS auctions was approved by the SBA. In the 1996 auction, 67 bidders won 493 licenses. Of the 67 auction winners, 61 claimed status as a small business. At this time, the Commission estimates that of the 61 small business 1996 auction winners, 48 remain small business licensees. Specifically, the Commission estimates that some of the EBS licensees are small businesses since there are currently 2,032 EBS licensees, and all but 100 of these licenses are held by educational institutions. In addition to the 48 small businesses that hold BTA authorizations, there are also approximately 392 incumbent BRS licensees that have gross revenues that are not more than $40 million and are thus considered small entities. 21. Although the SBA changed the small business definition in 2007 so that BRS and EBS now fall under Wireless Telecommunications Carriers (except Satellite), we lack the data to estimate how many entities will be affected by the regulation. Therefore, we continue to employ the definition for small businesses used in the 1996 auction, and estimate that the majority of the affected entities are small. 22. *Open Video Systems (“OVS”).* The OVS framework provides opportunities for the distribution of video programming other than through cable systems. Because OVS operators provide subscription services, OVS falls within the SBA-recognized definition of Wired Telecommunications Carriers, which provides that a small entity is one with 1,500 or fewer employees. The Commission has certified 25 OVS operators, with some now providing service. Broadband service providers

(BSPs)are currently the only significant holders of OVS certifications or local OVS franchises, even though OVS is one of four statutorily-recognized options for local exchange carriers

(LECs)to offer video programming services. As of June 2007, BSPs served approximately 1.4 million subscribers, representing 1.46 percent of all MVPD households. Among BSPs, however, those operating under the OVS framework are in the minority, with approximately eight percent operating with an OVS certification. BSPs include companies such as RCN, Champion Broadband, Knology, and SureWest Communications. RCN received approval to operate OVS systems in New York City, Boston, Washington, DC and other areas. The Commission does not have employment information regarding the entities authorized to provide OVS, some of which may not yet be operational. We thus believe that at least some of the OVS operators may qualify as small entities. 23. *Cable and Other Subscription Programming.* The Census Bureau defines this category as follows: “This industry comprises establishments primarily engaged in operating studios and facilities for the broadcasting of programs on a subscription or fee basis. * * * These establishments produce programming in their own facilities or acquire programming from external sources. The programming material is usually delivered to a third party, such as cable systems or direct-to-home satellite systems, for transmission to viewers.” The SBA has developed a small business size standard for firms within this category, which is: firms with $13.5 million or less in annual receipts. According to Census Bureau data for 2002, there were 270 firms in this category that operated for the entire year. Of this total, 217 firms had annual receipts of under $10 million and 13 firms had annual receipts of $10 million to $24,999,999. Thus, under this category and associated small business size standard, the majority of firms can be considered small. 24. A “small business” under the RFA is one that, * inter alia,* meets the pertinent small business size standard ( *e.g.* , a telephone communications business having 1,500 or fewer employees), and “is not dominant in its field of operation.” The SBA's Office of Advocacy contends that, for RFA purposes, small incumbent local exchange carriers are not dominant in their field of operation because any such dominance is not “national” in scope. D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements 25. Depending on the rules adopted as a result of this *FNPRM* , the *Report and Order* ultimately adopted in this proceeding may contain new or modified information collections. We anticipate that none of the changes would result in an increase to the reporting and recordkeeping requirements of broadcast stations, newspapers, or applicants for licenses. As noted above, we invite small business entities to comment in response to this *FNRPM.* E. Steps Taken To Minimize Significant Impact on Small Entities, and Significant Alternatives Considered 26. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others):

(1)The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities;

(2)the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small entities;

(3)the use of performance, rather than design, standards; and

(4)an exemption from coverage of the rule, or any part thereof, for small entities. 27. We are directed under law to describe any alternatives we consider, including alternatives not explicitly listed above. The *FNPRM* seeks comment on whether or not it should retain the single majority shareholder exemption, and whether eliminating the exemption would negatively impact capital investment, particularly in small businesses. Additionally, it seeks comment on whether or not to bar a limited partner from selling video programming to the general partner cable entity in order to maintain insulated limited partner status for purposes of the attribution rules. It also seeks comment on whether to conform various aspects of the ED cable attribution rule to the amended EDP broadcast attribution rule upon which the cable rule was based. Finally, it seeks comment on how it should craft a rule to limit the number of cable channels that can be occupied by affiliated video programming services. Cable ownership limits are intended to prevent large cable entities from unfairly impeding the flow of video programming to consumers through their horizontal reach or their level of vertical integration. We anticipate that any channel occupancy limits adopted by the Commission will have little adverse impact on small cable entities because small entities as a general matter do not approach the channel occupancy limits and are not the focus of the rule. We also expect that, whichever alternatives are chosen with respect to revising the cable attribution rules, the Commission will seek to minimize any adverse effects on small businesses. F. Federal Rules That May Duplicate, Overlap, or Conflict with the Proposed Rules 28. None. Ex Parte Restrictions 29. This is a permit-but-disclose notice and comment rulemaking proceeding. Ex parte presentations are permitted, except during the Sunshine Agenda period, provided that they are disclosed as provided in the Commission's rules. *See generally* 47 CFR 1.1202, 1.1203, and 1.1206(a). Ordering Clauses 30. *It is ordered* that pursuant to Sections 1, 4(i) and (j), 301, 302, 303, 307, 308, 309, 319, and 324 of the Communications Act of 1934, 47 U.S.C. 151, 154(i) and (j), 301, 302, 303, 307, 308, 309, 319, and 324 that *notice is hereby given* of the proposals and tentative conclusions described in this Notice of Proposed Rule Making. 31. *It is further ordered* that the Reference Information Center, Consumer Information Bureau, shall send a copy of this Notice of Proposed Rule Making, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-3701 Filed 2-26-08; 8:45 am] BILLING CODE 6712-01-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 RIN 0648-AW06 Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish Fisheries of the Bering Sea and Aleutian Islands Management Area AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Availability of an amendment to a fishery management plan; request for comments. SUMMARY: The North Pacific Fishery Management Council has submitted Amendment 89 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area

(FMP)to establish Bering Sea habitat conservation measures. This amendment, if approved, would prohibit nonpelagic trawling in certain waters of the Bering Sea subarea to protect bottom habitat from the potential adverse effects of nonpelagic trawling. This amendment also would establish the Northern Bering Sea Research Area for studying the impacts of nonpelagic trawling on bottom habitat. This action is necessary to protect portions of the Bering Sea subarea bottom habitat from the potential adverse effects of nonpelagic trawling. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws. Comments from the public are welcome. DATES: Written comments on the amendment must be received by 1700 hours, A.l.t. on April 28, 2008. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, identified by 0648-AW06, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal *http://www.regulations.gov* . • Mail: P.O. Box 21668, Juneau, AK 99802. • Hand delivery: 709 West 9th Street, Room 420A, Juneau, AK. • Fax: 907-586-7557. All comments received are a part of the public record and will generally be posted to *http://www.regulations.gov* without change. All Personal Identifying Information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe portable document file

(pdf)formats only. Copies of the FMP amendment, maps of the Bering Sea subarea nonpelagic trawl closure areas and Northern Bering Sea Research Area, and the Environmental Assessment/Regulatory Impact Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) for this action may be obtained from the Alaska Region NMFS address above or from the Alaska Region NMFS website at *http://www.fakr.noaa.gov* . FOR FURTHER INFORMATION CONTACT: Melanie Brown, 907-586-7228 or *melanie.brown@noaa.gov* . SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires that the North Pacific Fishery Management Council (Council) submit any FMP amendment it prepares to NMFS for review and approval, disapproval, or partial approval. The Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP amendment, immediately publish a notice in the **Federal Register** that the amendment is available for public review and comment. If approved by NMFS, this amendment would revise the FMP by establishing areas closed to nonpelagic trawling in the Bering Sea subarea. In June 2007, the Council recommended certain portions of the Bering Sea subarea be closed to nonpelagic trawling to prevent the potential adverse effects of nonpelagic trawling on portions of bottom habitat of the Bering Sea subarea. These closed areas would include locations that have not been previously fished with nonpelagic trawl gear, nearshore bottom habitat areas that may support subsistence marine resources, and a research area that could be used for studying the potential impacts of nonpelagic trawling on bottom habitat. Maps of the four areas that would be closed to nonpelagic trawling and the research area are available from the Alaska Region NMFS website at *http://www.fakr.noaa.gov/habitat/efh.htm* . Each proposed closed area and the research area are described below. Bering Sea Habitat Conservation Area The Council recommended preventing expansion of the nonpelagic trawl fisheries into portions of the Bering Sea subarea not previously fished with nonpelagic trawl gear by limiting nonpelagic trawling to locations historically fished with nonpelagic trawl gear. Areas not historically fished with nonpelagic trawl gear include portions of the Bering Sea subarea located in the deep water basin southwest of the continental slope and in the northern portion of the subarea. The portion of the Bering Sea subarea historically fished with nonpelagic trawl gear is on the continental slope northeast of the deep water basin, not including existing trawl closures (such as the Pribilof Island Area Habitat Conservation Zone and the Chum and Chinook Salmon Savings Areas) and south of Nunivak and St. Matthew Islands. Several closures that cover the entire northern portion of the Bering Sea subarea also were recommended by the Council for this proposed amendment and are further explained below. The Bering Sea Habitat Conservation Area (BSHCA) is designed to prevent expansion of the nonpelagic trawl fishery. The BSHCA would be located primarily in the deep waters of the Bering Sea subarea including statistical area 530 and portions of areas 518, 523, 533, and 531. The BSHCA would cover 46,776 square nautical miles (nm 2 ). Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area The Council consulted with a working group of nonpelagic trawl fishing industry members and subsistence resources users to identify bottom habitat in the Bering Sea subarea that may support subsistence marine resources and to identify potential nonpelagic trawl fishery management measures. This group identified potential important bottom habitat in the Bering Sea subarea that may support subsistence marine resources and recommended locations to be closed to nonpelagic trawling. Based on this workgroup's recommendation, the Council recommended closing waters surrounding Nunivak Island, and within Etolin Strait and Kuskokwim Bay, to nonpelagic trawling. Amendment 89 would establish this area as the Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area. This habitat conservation area would cover 9,777 nm 2 . St. Lawrence Island Habitat Conservation Area and St. Matthew Islands Habitat Conservation Area The Council recommended closing waters near St. Matthew and St. Lawrence Islands to nonpelagic trawling for the protection of blue king crab habitat and to protect bottom habitat areas near St. Lawrence Island that may support subsistence marine resources. Amendment 89 would establish these areas as the St. Matthew Island Habitat Conservation Area and the St. Lawrence Island Habitat Conservation Area. These habitat conservation areas would cover 11,065 nm 2 . Northern Bering Sea Research Area The Council also recommended establishing the Northern Bering Sea Research Area (NBSRA) to provide an opportunity to further understand the potential effects of nonpelagic trawling on Bering Sea subarea bottom habitat. This area would contain waters with little or no nonpelagic trawling in the northern portion of the Bering Sea subarea, including portions of statistical areas 514 and 524, exclusive of the closure around St. Lawrence Island. This area would cover 65,859 nm 2 . The NBSRA would be closed to nonpelagic trawling to provide a control area to study the potential effects of nonpelagic trawling on bottom habitat. Nonpelagic trawling within the NBSRA would be allowed only within the scope of a nonpelagic trawling effects research plan. A research plan would be developed, in cooperation with the Alaska Fisheries Science Center, to address potential protection measures for species that may depend on bottom habitat, including king and snow crabs, marine mammals, and Endangered Species Act-listed species, and to address nearshore subsistence resources for Western Alaska communities. This research plan would be reviewed by the Council within 24 months after the publication of the final rule implementing Amendment 89. Nonpelagic trawling in the NBSRA would be limited to fishing under an exempted fishing permit that would be consistent with the nonpelagic trawling research plan approved by the Council. NMFS is soliciting public comments on the proposed amendment through April 28, 2008. A proposed rule that would implement the amendment will be published in the **Federal Register** for public comment at a later date, following NMFS' evaluation under the Magnuson-Stevens Act procedures. Public comments on the proposed rule must be received by the end of the comment period on the amendment in order to be considered in the approval/disapproval decision on the amendment. All comments received on the amendment by the end of the comment period, whether specifically directed to the amendment or to the proposed rule, will be considered in the approval/disapproval decision. Comments received after that date will not be considered in the approval/disapproval decision on the amendment. To be considered, comments must be received—not just postmarked or otherwise transmitted—by 1700 hours, A.l.t. on the last day of the comment period. Authority: 16 U.S.C. 1801 *et seq.* Dated: February 20, 2008. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-3697 Filed 2-26-08; 8:45 am] BILLING CODE 3510-22-S 73 39 Wednesday, February 27, 2008 Notices DEPARTMENT OF AGRICULTURE Farm Service Agency Information Collection; United States Warehouse Act

(USWA)AGENCY: Farm Service Agency, USDA. ACTION: Notice; request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency

(FSA)is seeking comments from all interested individuals and organizations on an extension of a currently approved information collection process associated with the regulations, licensing and electronic provider agreements issued under the United States Warehouse Act (USWA). DATES: Comments on this notice must be received on or before April 28, 2008 to be assured consideration. ADDRESSES: We invite you to submit comments on this Notice. In your comment, include volume, date and page number of this issue of the **Federal Register** . You may submit comments by any of the following methods: *Mail:* Judy Fry, Agricultural Marketing Specialist, Warehouse and Inventory Division, Farm Service Agency (FSA), United States Department of Agriculture, STOP 0553, 1400 Independence Avenue, SW., Washington, DC 20250-0553, Fax

(202)690-1323, *E-mail:* Send comments to *Judy.Fry@wdc.usda.gov.* Comments also should be sent to the Desk Officer for Agriculture, Office of Information and Regulatory Affairs, OMB, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Judy Fry, telephone

(202)720-3822; or at *Judy.Fry@wdc.usda.gov.* Persons with disabilities who require alternative means for communication of regulatory information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at

(202)720-2600 (voice and TDD). SUPPLEMENTARY INFORMATION: *Title:* United States Warehouse Act (USWA). *OMB Control Number:* 0560-0120. *Expiration Date of Approval:* September 30, 2008. *Type of Request:* Extension of a currently approved information collection. *Abstract:* The Secretary of Agriculture authorizes FSA under the USWA to license public warehouse operators that are in the business of storing agricultural products; to examine such federally-licensed warehouses; and to license qualified persons to sample, inspect, weigh, and grade agricultural products. The FSA licenses under the USWA over 50 percent of all commercial grain and cotton warehouse capacities in the United States. The regulations as issued govern the establishment and maintenance of electronic systems under which electronic documents including title documents on shipment, payment and financing that may be issued or transferred for any agricultural product. This information collection allows the FSA to effectively administer the regulations, licensing and electronic provider agreements and related reporting and recordkeeping requirements under the USWA. The forms in this information collection are used to provide those charged with issuing licenses under the USWA as a basis to determine whether the warehouse and the warehouse operator meet application requirements to receive a license, and to determine compliance once the license is issued. *Estimate of Burden:* Public reporting burden for this information collection is estimated to average 0.41 hours per response. *Respondents:* Warehouse operators and electronic providers. *Estimated Number of Respondents:* 4,000. *Estimated Number of Responses Per Respondent:* 1. *Estimated Total Annual Responses:* 25,795 Hours. *Estimated Total Annual Burden on Respondents:* 10,626 Hours. Comments are invited on the following:

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

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

(3)Ways to enhance the quality, utility, and clarity of the information technology; or

(4)Ways to minimize the burden of the information collection on those who are to respond through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All comments received in response to this notice, including names and addresses when provided, will be made a matter of public record. Comments will be summarized and included in the request for OMB approval of the information collection. Signed in Washington, DC on February 20, 2008. Glen L. Keppy, Administrator, Farm Service Agency. [FR Doc. E8-3652 Filed 2-26-08; 8:45 am] BILLING CODE 3410-05-P DEPARTMENT OF AGRICULTURE Rural Utilities Service Information Collection Activity; Comment Request AGENCY: Rural Utilities Service, USDA. ACTION: Notice and request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), the Rural Utilities Service, an Agency delivering the United States Department of Agriculture's

(USDA)Rural Development Utilities Programs, hereinafter referred to as Rural Development, invites comments on this information collection for which approval from the Office of Management and Budget

(OMB)will be requested. DATES: Comments on this notice must be received by April 28, 2008. FOR FURTHER INFORMATION CONTACT: Michele Brooks, Acting Director, Program Development and Regulatory Analysis, USDA Rural Development, 1400 Independence Avenue, SW., STOP 1522, Room 5159 South Building, Washington, DC 20250-1522. Telephone:

(202)690-1078. FAX:

(202)720-8435. E-mail: *michele.brooks@wdc.usda.gov.* SUPPLEMENTARY INFORMATION: The Office of Management and Budget's

(OMB)regulation (5 CFR 1320) implementing provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13) requires that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8(d)). This notice identifies an information collection that Rural Development Utilities Programs is submitting to OMB for approval. Comments are invited on:

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

(b)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;

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

(d)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments may be sent to Michele Brooks, Acting Director, Program Development and Regulatory Analysis, USDA Rural Development, STOP 1522, 1400 Independence Ave., SW., Washington, DC 20250-1522. Fax:

(202)720-3485. *Title:* Request for Mail List Data, RUS Form 87. *OMB Control Number:* 0572-0051. *Type of Request:* Revision of a currently approved information collection. *Abstract:* The RUS Form 87 is used for both the Rural Development Electric and Telecommunications programs to obtain the names and addresses of the borrowers' officials with whom they must communicate directly in order to administer the Agency's lending programs. Changes occurring at the borrower's annual meeting (e.g. the selection of board members, managers, attorneys, certified public accountants, or other officials) make necessary the collection of information. Hours are being reduced in the information collection package to accurately reflect the current number of respondents. *Estimate of Burden:* Public reporting burden for this collection of information is estimated to average .25 hour per response. *Respondents:* Business or other for-profit; Not-for-profit institutions. *Estimated Number of Respondents:* 1,182. *Estimated Number of Responses per Respondent:* 1. *Estimated Total Annual Burden on Respondents:* 296 hours. Copies of this information collection can be obtained from Gale Richardson, Program Development and Regulatory Analysis, at

(202)720-0992. Fax:

(202)720-3485. E-mail: *gale.richardson@wdc.usda.gov.* All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Dated: February 21, 2008. James M. Andrew, Administrator, Rural Utilities Service. [FR Doc. E8-3659 Filed 2-26-08; 8:45 am] BILLING CODE 3410-15-P DEPARTMENT OF COMMERCE U.S. Census Bureau Proposed Information Collection; Comment Request; 2009 American Community Survey Content AGENCY: U.S. Census Bureau, Commerce. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: To ensure consideration, written comments must be submitted on or before April 28, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Susan Schechter, U.S. Census Bureau, American Community Survey Office, Washington, DC 20233, by FAX to

(303)763-8070 or via the Internet at *susan.schechter.bortner@census.gov* . SUPPLEMENTARY INFORMATION: I. Abstract Given the rapid demographic changes experienced in recent years and the strong expectation that such changes will continue and accelerate, the once-a-decade detailed data collection as part of a decennial census is no longer acceptable. To meet the needs and expectations of the country, the Census Bureau developed the American Community Survey. This survey collects detailed population and housing data every month and provides tabulations of these data on a yearly basis. In the past, the long-form data were collected only at the time of each decennial census. The American Community Survey allowed the Census Bureau to remove the long-form from the plans for the 2010 Census, thus reducing operational risks, improving accuracy, and providing more relevant data. After years of development and testing, the American Community Survey began full implementation in households in January 2005 and in group quarters

(GQs)in January 2006. The American Community Survey provides more timely information for critical economic planning by governments and the private sector. In the current information-based economy, federal, state, tribal, and local decision makers, as well as private business and non-governmental organizations, need current, reliable, and comparable socioeconomic data to chart the future. In 2006, the American Community Survey began publishing up-to-date profiles of American communities every year, providing policymakers, planners, and service providers in the public and private sectors this information every year—not just every ten years. The American Community Survey will provide data at the census tract level by July 2010. These data are needed by federal agencies and others and provides assurances that long-form type data are available after the elimination of the long-form from the 2010 Census. The Census Bureau presently plans to resubmit the American Community Survey to the Office of Management and Budget

(OMB)for extended clearance with content changes. In the 2007 American Community Survey Content Test, the Census Bureau conducted testing of a new question topic, field of bachelor's degree, identified by the National Science Foundation. Following cognitive testing, two versions with a new question on field of bachelor's degree were field-tested: Categorical and open-ended. The results of the 2007 Content Test were presented to OMB in February 2008. In addition to the new field of degree question, the Census Bureau proposes restoration of the Duration of Vacancy question that was previously collected as part of the American Community Survey. These data will be collected on the American Community Survey Computer-assisted Personal Interview

(CAPI)instrument and during Telephone Questionnaire Assistance

(TQA)interviews. In addition, households that are determined to be vacant during the edit follow-up interview will be asked this question. II. Method of Collection The Census Bureau will mail questionnaires to households selected for the American Community Survey. For households that do not return a questionnaire, Census Bureau staff will attempt to conduct interviews via Computer-assisted Telephone Interviews

(CATI)and conduct CAPI for a sub sample of non-respondents. A contact reinterview will be conducted from a small sample of respondents. For most types of group quarters (GQs), the Census Bureau field representatives

(FRs)will conduct personal interviews with respondents to complete questionnaires or, if necessary, leave questionnaires and ask respondents to complete. Information from GQ contacts will be collected via CAPI. A GQ contact reinterview will be conducted from a sample of GQs primarily through CATI. A very small percentage of the GQ reinterviews will be conducted via CAPI. The Census Bureau staff will provide Telephone Questionnaire Assistance

(TQA)and if the respondent indicates a desire to complete the survey by telephone, the TQA interviewer conducts the interview. III. Data *OMB Control Number:* 0607-0810. *Form Number:* ACS-1, ACS1(SP), ACS-1 (PR), ACS-1 (PR)SP, ACS-1(GQ), ACS-1(PR(GQ), GQFQ, ACS CATI (HU), ACS CAPI (HU), ACS RI (HU), and AGQ RI. *Type of Review:* Regular submission. *Affected Public:* Individuals or households; business or other for-profit organizations. *Estimated Number of Respondents:* Each year: 3,000,000 households; 200,000 persons in group quarters; 20,000 contacts in group quarters; 27,000 households for reinterview; and 1,500 group quarters contacts for reinterview. *Estimated Time Per Response:* 38 minutes per household; 15 minutes per group quarters contact; 25 minutes per resident in group quarters; and 10 minutes per household or groups quarters contact in the reinterview samples. *Estimated Total Annual Burden Hours:* 1,994,500. *Estimated Total Annual Cost:* $0 (except for their time). *Respondent's Obligation:* Mandatory. *Legal Authority:* Title 13 U.S.C., Section 182. IV. Request for Comments *Comments are invited on:*

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: February 21, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-3649 Filed 2-26-08; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Docket 9-2008] Foreign-Trade Zone 39 Dallas-Fort Worth, TX; Application for Subzone Status; The Apparel Group, Ltd. (Apparel Distribution) An application has been submitted to the Foreign-Trade Zones Board (the Board) by the Dallas/Fort Worth International Airport Board, grantee of FTZ 39, requesting special-purpose subzone status for the apparel warehousing and distribution facility of The Apparel Group Ltd. (TAG), located in Lewisville, Texas. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR part 400). It was formally filed on February 19, 2008. The TAG facility (150 employees/26 acres/153,750 sq.ft.) is located at 883 Trinity Drive in Lewisville (Denton County), Texas. The facility is used for warehousing and distribution of foreign- origin apparel for the U.S. market and export. FTZ procedures would be utilized to support TAG's distribution activity. Finished apparel products to be admitted to the proposed subzone for distribution would include men's, boys', women's and girls' coats, suits, jackets, trousers, pants, blouses, shirts, tops, jumpers, gowns, underwear, hosiery, pajamas, robes, athletic wear, neckties, scarves, shawls, mufflers, gloves/mittens, uniforms, and infants' apparel. Certain textile fabrics (wool, cotton, man-made fiber) would also be distributed from the proposed subzone. All foreign-origin apparel and textile products classified under Textile Import Quota categories will be admitted to the proposed subzone under privileged foreign statu s (19 CFR § 146.41) or domestic (duty paid) status (19 CFR § 146.43). The applicant is not seeking manufacturing or processing authority with this request. FTZ procedures would exempt TAG from customs duty payments on foreign products that are re-exported (about 4% of shipments). On domestic sales, duty payments would be deferred until the foreign merchandise is shipped from the facility and entered for U.S. consumption. Certain logistical/supply chain management efficiencies would also be realized through subzone status. The application indicates that the savings from FTZ procedures would help improve the facility's international competitiveness. In accordance with the Board's regulations, a member of the FTZ Staff has been designated examiner to investigate the application and report to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is April 28, 2008. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to May 12, 2008. A copy of the application and accompanying exhibits will be available for public inspection at each of the following locations: U.S. Department of Commerce Export Assistance Center, 808 Throckmorton Street, Fort Worth, Texas 76102-6315; and, Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2814B, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230-0002. For further information, contact Pierre Duy at pierre_duy@ita.doc.gov, or

(202)482-1378. Dated: February 19, 2008. Andrew McGilvray, Executive Secretary. [FR Doc. E8-3710 Filed 2-26-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE Foreign-Trade Zones Board (Docket 7-2008) Foreign-Trade Zone 227 -- Durant, Oklahoma; Application for Expansion An application has been submitted to the Foreign-Trade Zones

(FTZ)Board (the Board) by Rural Enterprises of Oklahoma, Inc., grantee of FTZ 227, requesting authority to expand its existing zone to include two new sites in Carter County, Oklahoma, adjacent to the Dallas/Fort Worth Customs and Border Protection port of entry. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR part 400). It was formally filed on February 8, 2008. FTZ 227 was approved on January 27, 1998 (Board Order 947, 63 FR 5929, 2/5/98). The zone project currently consists of 30 acres within the 280-acre Texoma Industrial Park located near U.S. Highway 69/75 in Durant. The applicant is now requesting authority to expand the zone to include two sites in Carter County: *Proposed Site 2* (2,790 acres)—Ardmore Industrial Airpark located on Highway 53 in Springer; and, *Proposed Site 3* (122 acres)—Westport Industrial Park located west of Interstate 35 between Prairie Valley Road and 12th Avenue NW in Ardmore. Proposed Site 2 is owned by the Ardmore Development Authority, City of Ardmore, Sovereign Oklahoma Development L.L.C. and Highway 53, L.L.C. Proposed Site 3 is owned by Ardmore Development Authority, JVS, Inc., Premium Beers of Oklahoma, L.L.C., Longhorn Scooters, Inc., KRC Investments, LLC, and Sooner Lift, Inc. The sites will provide warehousing and distribution services to area businesses. No specific manufacturing authority is being requested at this time. Such requests would be made to the Board on a case-by-case basis. In accordance with the Board's regulations, a member of the FTZ Staff has been designated examiner to investigate the application and report to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is April 28, 2008. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to May 12, 2008. A copy of the application and accompanying exhibits will be available for public inspection at each of the following locations: Office of Rural Enterprises of Oklahoma, Inc., 2912 Enterprise Boulevard, Durant, OK 74701; and, Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230. For further information, contact Camille Evans at Camille_Evans@ita.doc.gov or at

(202)482-2350. Dated: February 11, 2008. Andrew McGilvray, Executive Secretary. [FR Doc. E8-3707 Filed 2-26-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Docket 8-2008] Foreign-Trade Zone 230 Greensboro, North Carolina Application for Subzone; Banner Pharmacaps, Inc.; (Pharmaceutical and Soft Gelatin Capsule Manufacturing) High Point, North Carolina An application has been submitted to the Foreign-Trade Zones

(FTZ)Board (the Board) by the Piedmont Triad Partnership, grantee of FTZ 230, requesting special-purpose subzone status with manufacturing authority for certain prescription pharmaceutical products and soft gelatin capsules at the manufacturing facility of Banner Pharmacaps, Inc. (Banner), located in High Point, North Carolina. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR part 400). It was formally filed on February 12, 2008. The proposed subzone facility (51.3 acres, 2 buildings totaling 263,000 sq. ft. approx. 40% of which is devoted to manufacturing) is located at 4125 Premier Drive in High Point, North Carolina. Banner is a contract manufacturer of soft gelatin capsules for prescription and over-the-counter

(OTC)pharmaceuticals, and nutritional products. The Banner facility (500 employees) has requested authority to manufacture under zone procedures a variety of prescription pharmaceutical products that fall within HTSUS categories 3004.50 and 3004.90 (duty-free). The initial products within these categories to be manufactured under FTZ procedures are a treatment for obesity, using active ingredient MK-0364; and, a drug for the prevention of organ rejection, using ISA 247. These ingredients are classified under HTSUS 2933.39 6.5% duty rate. Other potential products include treatments for obesity, migraines, organ rejection prevention, seizures, Parkinson's disease, viral infections, cold and cough, and prescription vitamin D. Banner is requesting authority to make these products with active ingredients that fall within the following categories: HTSUS 2915.90, 2921.30, 2922.49, 2933.39, 2933.79, 2935.00, and 3503.00. Active ingredients from these categories specifically cited in the application include valproic acid, amantadine, benzonatate, ethosuximide, cyclosporine, nimodipine, and zonisamide. Foreign-origin active ingredient inputs to be used in the manufacturing process (up to 50 percent of finished product value) have duty rates ranging from 3.7 percent to 6.5 percent, ad valorem. For each of the finished prescription pharmaceutical products (HTSUS 3004.50 and 3004.90), the active ingredients may be combined with edible gelatin (HTSUS 3503.00 − 2.8 cents/kg. + 3.8÷) and a non-active filler ingredient (HTSUS 3906.10 − 6.3÷). Banner is also applying to produce over-the-counter pharmaceutical and nutritional products (HTSUS 3004.90 and 3004.50 duty-free, HTSUS 1517.90 − 8%, and HTSUS 2106.90 − 6.4÷) under zone procedures with requested authority limited to a single foreign-sourced input: edible gelatin (HTSUS 3503.00 − 2.8 cents/kg. + 3.8÷). FTZ procedures would exempt Banner from customs duty payments on foreign materials used in export production. Some 5 to 10 percent of the plant's shipments are exported. On its domestic shipments, Banner could defer duty until the products are entered for consumption, and choose the duty-free rate that applies to the finished product for the foreign components used in production. The company may also realize certain logistical/procedural savings related to zone-to zone transfers and direct delivery procedures, as well as savings on materials that become scrap/waste during manufacturing. The application indicates that FTZ procedures would help improve the plant's international competitiveness. In accordance with the Board's regulations, a member of the FTZ staff has been designated examiner to investigate the application and report to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is April 28, 2008. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period (to May 12, 2008). A copy of the application will be available for public inspection at each of the following locations: U.S. Department of Commerce Export Assistance Center, 342 North Elm St., Greensboro, NC 27401; and, Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, D.C. 20230-0002. For further information, contact Diane Finver at Diane_Finver@ita.doc.gov or

(202)482-1367. Dated:February 15, 2008. Andrew McGilvray, Executive Secretary. [FR Doc. E8-3709 Filed 2-26-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE Bureau of Industry and Security Regulations and Procedures Technical Advisory Committee; Notice of Partially Closed Meeting The Regulations and Procedures Technical Advisory Committee (RPTAC) will meet March 11, 2008, 9 a.m., Room 3884, in the Herbert C. Hoover Building, 14th Street between Constitution and Pennsylvania Avenues, NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration on implementation of the Export Administration Regulations

(EAR)and provides for continuing review to update the EAR as needed. Agenda Public Session 1. Opening remarks by the Chairman. 2. Presentation of papers or comments by the Public. 3. Opening remarks by Bureau of Industry and Security. 4. RPTAC comments on Simplified Network Application Process-Redesign System (SNAP-R). 5. Working group reports. 6. Regulations update. 7. Export Enforcement update. 8. Automated Export System

(AES)update. Closed Session 9. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at *Yspringer@bis.doc.gov* no later than March 4, 2008. A limited number of seats will be available for the public session. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate the distribution of public presentation materials to the Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via e-mail. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on February 14, 2008, pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 §§ (10)(d)), that the portion of the meeting dealing with matters the disclosure of which would be likely to frustrate significantly implementation of an agency action as described in 5 U.S.C. 552b(c)(9)(B) shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Yvette Springer at

(202)482-2813. Dated: February 21, 2008. Yvette Springer, Committee Liaison Officer. [FR Doc. E8-3660 Filed 2-26-08; 8:45 am] BILLING CODE 3510-JT-P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with January anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. EFFECTIVE DATE: February 27, 2008. FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD Operations, Customs Unit, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone:

(202)482-4697. SUPPLEMENTARY INFORMATION: Background The Department has received timely requests, in accordance with 19 CFR 351.213(b)(2004), for administrative reviews of various antidumping and countervailing duty orders and findings with January anniversary dates. With respect to the antidumping duty order on Wooden Bedroom Furniture from the People's Republic of China, the initiation of the antidumping duty administrative review for that case is being published in a separate initiation notice. Initiation of Reviews: In accordance with section 19 CFR 351.221(c)(1)(i), we are initiating administrative reviews of the following antidumping and countervailing duty orders and findings. We intend to issue the final results of these reviews not later than January 31, 2009. Period to be reviewed Antidumping Duty Proceedings SOUTH AFRICA: Ferrovanadium, A-791-815 1/1/07-12/31/07 Mittal Steel Lazero Cardenas The People's Republic of China: Wooden Bedroom Furniture, 1 A-570-890 1/1/07-12/31/07 Countervailing Duty Proceedings None Suspension Agreements None 1 The administrative review for the above referenced case will be published in a separate initiation notice. During any administrative review covering all or part of a period falling between the first and second or third and fourth anniversary of the publication of an antidumping duty order under section 351.211 or a determination under section 351.218(f)(4) to continue an order or suspended investigation (after sunset review), the Secretary, if requested by a domestic interested party within 30 days of the date of publication of the notice of initiation of the review, will determine, consistent with *FAG Italia* v. *United States* , 291 F.3d 806 (Fed. Cir. 2002), as appropriate, whether antidumping duties have been absorbed by an exporter or producer subject to the review if the subject merchandise is sold in the United States through an importer that is affiliated with such exporter or producer. The request must include the name(s) of the exporter or producer for which the inquiry is requested. Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305. These initiations and this notice are in accordance with section 751(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1675(a)), and 19 CFR 351.221(c)(1)(i). Dated: February 21, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-3706 Filed 2-26-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Proposed Information Collection; Comment Request; Workflow and Electronic Health Records in Small Medical Practices AGENCY: National Institute of Standards and Technology (NIST), Commerce. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before April 28, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to: Ram D. Sriram Sriram by e-mail at *Sriram@nist.gov* or by phone on 301-975-3507. SUPPLEMENTARY INFORMATION: I. Abstract The goal of this data collection is to study the information and workflow practices in small physicians' offices. To achieve this, the Information Technology Laboratory

(ITL)of NIST will conduct several case studies on this subject. This will aid in developing a standards-based framework for implementing information technology in small physicians' offices. II. Method of Collection Interviews and questionnaire in paper format. III. Data *OMB Control Number:* None. *Form Number:* None. *Type of Review:* Regular submission. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Respondents:* 14. *Estimated Time per Response:* 2-3 hours. *Estimated Total Annual Burden Hours:* 42. *Estimated Total Annual Cost to Public:* $0. IV. Request for Comments *Comments are invited on:*

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;

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

(HMS)Advisory Panel

(AP)meeting in April 2008. The intent of the meeting is to consider options for the conservation and management of Atlantic HMS. The meeting is open to the public. DATES: The AP meeting will be held from 1 p.m. to 5 p.m. on Tuesday, April 15, 2008, from 8 a.m. to 5 p.m. on Wednesday, April 16, 2008, and from 8 a.m. to 12 noon on Thursday, April 17, 2008. ADDRESSES: The meeting will be held at the Hilton Hotel, 8727 Colesville Road, Silver Spring, MD 20910; phone 301-589-5200. FOR FURTHER INFORMATION CONTACT: Othel Freeman or Chris Rilling at 301-713-2347. SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 *et seq.* , as amended by the Sustainable Fisheries Act, Public Law 104-297, provided for the establishment of an AP to assist in the collection and evaluation of information relevant to the development of any Fishery Management Plan

(FMP)for HMS. NMFS consults with and considers the comments and views of AP members when preparing and implementing FMPs or FMP amendments for Atlantic tunas, swordfish, billfish, and sharks. The AP has previously consulted with NMFS on: the HMS FMP (April 1999), Amendment 1 to the HMS FMP (December 2003), Amendment 1 to the Billfish FMP (April 1999), and the Consolidated Atlantic HMS FMP (October 2006). The April 2008 AP meeting will focus on conservation and management options for Atlantic tunas, swordfish, billfish, and sharks. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Carol Douglas at

(301)713-2347, at least 7 days prior to the meeting. Authority: 16 U.S.C. 971 *et seq.* and 1801 *et seq.* Dated: February 20, 2008. Alan D. Risenhoover Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-3695 Filed 2-26-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE Department of the Navy Notice of Meeting of the Board of Visitors of Marine Corps University AGENCY: Department of the Navy, DoD. ACTION: Notice. SUMMARY: The Board of Visitors of the Marine Corps University (BOV MCU) will meet to review, develop and provide recommendations on all aspects of the academic and administrative policies of the University; examine all aspects of professional military education operations; and provide such oversight and advice, as is necessary, to facilitate high educational standards and cost effective operations. The Board will be focusing primarily on Information, Education, & Technology Study by Flattery Associates, Sub-Committee for Marine Corps Museum and revised By-laws for the Board of Visitors. All sessions of the meeting will be open to the public. DATES: The meeting will be held on Monday, April 7, 2008 from 8 a.m. to 4 p.m. and on Tuesday, April 8, 2008 from 8 a.m. to 12 p.m. ADDRESSES: The meeting will be held at Marine Corps University in the Hooper Room; Marine Corps University, 2076 South Street, Quantico, VA 22134. FOR FURTHER INFORMATION CONTACT: Mary Lanzillotta, Executive Secretary, Marine Corps University Board of Visitors, 2076 South Street, Quantico, VA 22134, telephone number: 703-784-4037. Dated: February 15, 2008. T.M. Cruz, Lieutenant, Office of the Judge Advocate General, U.S. Navy, Federal Register Liaison Officer. [FR Doc. E8-3671 Filed 2-26-08; 8:45 am] BILLING CODE 3810-FF-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 28, 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 21, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Office of Postsecondary Education *Type of Review:* Revision. *Title:* Application for Strengthening Historically Black Colleges and Universities Program and Historically Black Graduate Institutions. *Frequency:* Annually. *Affected Public:* Not-for-profit institutions; State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 117. *Burden Hours:* 889. *Abstract:* The information is required of institutions of higher education designated as Historically Black Colleges and Universities and Qualified Graduate Programs. Title III, Part B of the Higher Education Act of 1965, as amended. This information will be used for the evaluation process to determine whether proposed activities are consistent with the legislation and to determine dollar share of congressional appropriation. This information collection is being submitted under the Streamlined Clearance Process for Discretionary Grant Information Collections (1890-0001). Therefore, the 30-day public comment period notice will be the only public comment notice published for this information collection. 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 3583. 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. E8-3663 Filed 2-26-08; 8:45 am] BILLING CODE 4000-01-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 28, 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

(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 21, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* New. *Title:* Eighth Grade Access to Algebra I: A Study of Virtual Algebra. *Frequency:* On Occasion. *Affected Public:* Individuals or household. *Reporting and Recordkeeping Hour Burden:* *Responses:* 1,494. *Burden Hours:* 493. *Abstract:* This study of the effects of 8th grade algebra on student math achievement and advanced course-taking patterns is to be carried out by the Northeast and Islands Regional Education Laboratory. This randomized controlled field trial involves 60 schools in Maine, 60 teachers, and 1,800 students. Targeted outcomes are students' mathematics achievement, as measured by scores on the 8th grade Maine Educational Assessment in mathematics, scores on the MWEA-MAP test, 9th grade transcript data, 10th grade course enrollments, and 10th grade PSAT scores. 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 3545. 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. E8-3747 Filed 2-26-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to the General Electric Company From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure (Case No. RF-007) AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Decision and Order. SUMMARY: DOE gives notice of the Decision and Order (Case No. RF-007) that grants to the General Electric Company

(GE)a Waiver from the DOE electric refrigerator and refrigerator-freezer test procedure, for its product line containing relative humidity sensors and adaptive control anti-sweat heaters. Under today's Decision and Order, GE shall be required to test and rate its refrigerator-freezers with adaptive control anti-sweat heaters according to an alternate test procedure that takes this technology into account when measuring energy consumption. DATES: This Decision and Order is effective February 19, 2008, and will remain in effect until the effective date of a DOE final rule prescribing an amended test procedure appropriate for the model series of GE refrigerator-freezers covered by this waiver. FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. Department of Energy, Building Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:

(202)586-9611, E-mail: *Michael.Raymond@ee.doe.gov;* Francine Pinto, or Eric Stas, U.S. Department of Energy, Office of General Counsel, Mail Stop GC-72, 1000 Independence Avenue, SW., Washington, DC 20585-0103,

(202)586-9507; e-mail: *Francine.Pinto@hq.doe.gov* or *Eric.Stas@hq.doe.gov* . SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(l), DOE gives notice of the issuance of its Decision and Order as set forth below. In the Decision and Order, DOE grants to GE a Waiver from the applicable residential refrigerator and refrigerator-freezer test procedures, at 10 CFR part 430 subpart B, appendix A1, for its product line of refrigerator-freezers with relative humidity sensors and adaptive control anti-sweat heaters, provided that GE tests and rates such products to the alternate test procedure described in this notice. Today's decision requires that GE may not make any representations concerning the energy efficiency of these products unless such product has been tested in accordance with the DOE test procedure, consistent with the provisions and restrictions in the alternate test procedure set forth in the Decision and Order below, and such representation fairly discloses the results of such testing. 1 (42 U.S.C. 6293(c)) 1 Consistent with the statute, distributors, retailers, and private labelers are held to the same standard when making representations regarding the energy efficiency of these products. (42 U.S.C. 6293(c)) Issued in Washington, DC, on February 19, 2008. Alexander A. Karsner, Assistant Secretary, Energy Efficiency and Renewable Energy. Decision and Order *In the Matter of:* General Electric Company. (Case No. RF-007). Background Title III of the Energy Policy and Conservation Act

(EPCA)sets forth a variety of provisions concerning energy efficiency. Part A 2 of Title III provides for the “Energy Conservation Program for Consumer Products Other Than Automobiles.” (42 U.S.C. 6291-6309) Part A includes definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. Further, Part A authorizes the Secretary of Energy to prescribe test procedures that are reasonably designed to produce results which measure energy efficiency, energy use, or estimated operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) 2 Part B of Title III of EPCA was repealed by Pub. L. 109-58 and redesignated Part A. Today's notice involves residential products under Part A. Relevant to the current Petition for Waiver, the test procedure for residential electric refrigerator-freezers is contained in 10 CFR part 430, subpart B, Appendix A1. DOE's regulations contain provisions allowing a person to seek a waiver from the test procedure requirements for covered consumer products, when the petitioner's basic model contains one or more design characteristics that prevent testing according to the prescribed test procedures, or when the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). Petitioners must include in their petition any alternate test procedures known to evaluate the basic model in a manner representative of its energy consumption characteristics. 10 CFR 430.27(b)(1)(iii). The Assistant Secretary for Energy Efficiency and Renewable Energy (the Assistant Secretary) may grant a waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 430.27(l). In general, a waiver will remain in effect until final test procedure amendments that resolve the problem that is the subject of the waiver become effective. 10 CFR 430.27(m). The waiver process also allows any interested person who has submitted a Petition for Waiver to file an Application for Interim Waiver of the applicable test procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary will grant an Interim Waiver request if it is determined that the applicant will experience economic hardship if the Interim Waiver is denied, if it appears likely that the Petition for Waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the Petition for Waiver. 10 CFR 430.27(g). On November 18, 2006, GE filed a Petition for Waiver from the test procedures which are applicable to its product line of refrigerator-freezers with relative humidity sensors and adaptive control anti-sweat heaters. The applicable test procedures are contained in 10 CFR part 430, subpart B, appendix A1—Uniform Test Method for Measuring the Energy Consumption of Electric Refrigerators and Electric Refrigerator-Freezers. GE is designing new refrigerator-freezers that contain variable anti-sweat heater controls and relative humidity sensors that detect and respond to a broad range of temperature and humidity conditions, and then activate adaptive heaters as needed to evaporate excess moisture. GE's alternate test procedure simulates the energy used by the adaptive heaters in a typical consumer household. Because the existing test procedure under 10 CFR part 430 takes neither ambient humidity nor adaptive technology into account, it does not accurately measure the energy consumption of GE's new refrigerator-freezers that feature humidity sensors and adaptive control anti-sweat heaters. Consequently, GE has submitted an alternate test to DOE for approval to ensure that it is correctly calculating the energy consumption of this new product line. On April 17, 2007, DOE published GE's Petition for Waiver. 72 FR 19189. DOE received one comment on the GE petition, from the Association of Home Appliance Manufacturers (AHAM), which is discussed below. Assertions and Determinations GE's Petition for Waiver On November 18, 2006, GE submitted a Petition for Waiver from the test procedures applicable to residential electric refrigerator-freezers. 3 GE's petition asserts that the energy use for its refrigerator-freezers with relative humidity sensors, variable anti-sweat heater controls and adaptive heaters cannot be accurately tested using the current test procedure because these products will yield a different test result for energy consumption depending on the ambient relative humidity in the test chamber. The current DOE test procedure does not specify a value for the relative humidity in the test chamber. GE included an alternate test procedure with its petition, in which it proposed to “run the energy-consumption test with the anti-sweat heater switch in the `off' position and then, because the test chamber is not humidity-controlled, to add to that result the kilowatt hours per day derived by calculating the energy used when the anti-sweat heater is in the `on' position.” (GE Petition, page 4.) According to GE, the objective of this approach is to simulate the average energy used by the adaptive anti-sweat heaters 4 as activated in typical consumer households across the United States. ( *Id.* ) To determine the conditions in a typical consumer household, DOE understands that GE compiled historical data for the monthly average outdoor temperature and humidity for the top 50 metropolitan areas of the U.S. over approximately the last 30 years. Then, GE used the average exterior monthly temperature and humidity values to determine in-home conditions. In addition, GE included in the test procedure a “system-loss factor” to calculate system losses attributed to operating anti-sweat heaters, controls, and related components. This factor includes the additional energy required to operate the anti-sweat heater controls and related components, and the additional energy required to increase compressor run time to remove heat introduced into the refrigerator-freezer compartments by the anti-sweat heater. This “System-loss Factor,” based on GE's historical experience, is 1.3. 3 GE's petition uses the terms “refrigerator” and “refrigerator-freezer” interchangeably. The specific models that are the subject of this waiver are refrigerator-freezers. 4 Anti-sweat heaters remove moisture that condenses on the cabinet of refrigerator-freezers. They consume a significant amount of energy in doing this, and GE's technology is designed to use less anti-sweat energy, by activating the heaters only when needed. AHAM (a trade organization representing the manufacturers of refrigerator-freezers) supported DOE granting GE's petition and also supported GE's alternate test procedure. AHAM commented that there might be a need for a different heat load multiplier for other types of internal heaters that might be the subject of future petitions. (AHAM, No. 1 at page 1) Consultations With Other Agencies DOE consulted with the Federal Trade Commission

(FTC)staff concerning the GE Petition for waiver. The FTC staff did not have any objections to granting a waiver to GE. Conclusion After careful consideration of all the material that was submitted by GE, the comment received, the review by the National Institute of Standards and Technology, and consultation with the FTC staff, it is ordered that:

(1)The “Petition for Waiver” submitted by the General Electric Company (Case No. RF-007) is hereby granted as set forth in the paragraphs below.

(2)GE shall not be required to test or rate the following GE models, which have GE's new humidity sensor and adaptive anti-sweat heater technology, on the basis of the current test procedures contained in 10 CFR part 430, subpart B, appendix A1, but shall be required to test and rate such products according to the alternate test procedure as set forth in paragraph

(3)below: PGCS1NJW, PGCS1NFW, PGSS5NJW, PGSS5NFW, PGCF1NJW, PGCF1NFW, PGSF5NJW, PGSF5NFW, PFIC1NFW and PFIC1NFX:

(3)GE shall be required to test the products listed in paragraph

(2)above according to the test procedures for electric refrigerator-freezers prescribed by DOE at 10 CFR part 430, appendix A1, except that, for the GE products listed in paragraph

(2)only:

(A)The following definition is added at the end of Section 1: 1.13 “Variable anti-sweat heater control” means an anti-sweat heater where power supplied to the device is determined by an operating condition variable(s) and/or ambient condition variable(s).

(B)Section 2.2 is revised to read as follows: 2.2 Operational conditions. The electric refrigerator or electric refrigerator-freezer shall be installed and its operating conditions maintained in accordance with HRF-1-1979, section 7.2 through section 7.4.3.3. except that the vertical ambient temperature gradient at locations 10 inches (25.4 cm) out from the centers of the two sides of the unit being tested is to be maintained during the test. Unless shields or baffles obstruct the area, the gradient is to be maintained from 2 inches (5.1 cm) above the floor or supporting platform to a height one foot (30.5 cm) above the unit under test. Defrost controls are to be operative. The anti-sweat heater switch is to be “off” during one test and “on” during the second test. In the case of an electric refrigerator-freezer equipped with variable anti-sweat heater control, the “on” test will be the result of the calculation described in 6.2.3. Other exceptions are noted in 2.3, 2.4, and 5.1 below.

(C)New section 6.2.3 is inserted after section 6.2.2.2. 6.2.3 Variable anti-sweat heater control test. The energy consumption of an electric refrigerator-freezer with a variable anti-sweat heater control in the “on” position (E on ), expressed in kilowatt-hours per day, shall be calculated equivalent to: E ON = E + (Correction Factor) where E is determined by 6.2.1.1, 6.2.1.2, 6.2.2.1, or 6.2.2.2, whichever is appropriate, with the anti-sweat heater switch in the “off” position. Correction Factor = (Anti-sweat Heater Power × System-loss Factor) × (24 hrs/1 day) × (1 kW/1000 W) Where: Anti-sweat Heater Power = A1 * (Heater Watts at 5%RH) + A2 * (Heater Watts at 15%RH) + A3 * (Heater Watts at 25%RH) + A4 * (Heater Watts at 35%RH) + A5 * (Heater Watts at 45%RH) + A6 * (Heater Watts at 55%RH) + A7 * (Heater Watts at 65%RH) + A8 * (Heater Watts at 75%RH) + A9 * (Heater Watts at 85%RH) + A10 * (Heater Watts at 95%RH) where A1-A10 are from the following table: A1 = 0.034 A2 = 0.211 A3 = 0.204 A4 = 0.166 A5 = 0.126 A6 = 0.119 A7 = 0.069 A8 = 0.047 A9 = 0.008 A10 = 0.015 Heater Watts at a specific relative humidity = the nominal watts used by all heaters at that specific relative humidity, 72 °F ambient, and DOE reference temperatures of fresh food

(FF)average temperature of 45 °F and freezer

(FZ)average temperature of 5 °F. System-loss Factor = 1.3

(4)*Representations.* GE may make representations about the energy use of its adaptive control anti-sweat heater refrigerator-freezer products, for compliance, marketing, or other purposes, only to the extent that such products have been tested in accordance with the provisions outlined above, and such representations fairly disclose the results of such testing.

(5)This waiver shall remain in effect from the date this Decision and Order is issued until DOE prescribes final test procedures appropriate to the above model series manufactured by GE.

(6)This waiver is conditioned upon the presumed validity of statements, representations, and documentary materials provided by the petitioner. This waiver may be revoked or modified at any time upon a determination that the factual basis underlying the Petition for Waiver is incorrect, or DOE determines that the results from the alternate test procedure are unrepresentative of the basic models' true energy consumption characteristics. Issued in Washington, DC, on February 19, 2008. Alexander A. Karsner, Assistant Secretary, Energy Efficiency and Renewable Energy. [FR Doc. E8-3686 Filed 2-26-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation 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), Oak Ridge Reservation. The Federal Advisory Committee Act (Pub. L. No. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the **Federal Register** . DATES: Wednesday, March 12, 2008, 6 p.m. ADDRESSES: DOE Information Center, 475 Oak Ridge Turnpike, Oak Ridge, Tennessee. FOR FURTHER INFORMATION CONTACT: Pat Halsey, Federal Coordinator, Department of Energy Oak Ridge Operations Office, P.O. Box 2001, EM-90, Oak Ridge, TN 37831. Phone

(865)576-4025; Fax

(865)576-2347 or e-mail: *halseypj@oro.doe.gov* or check the Web site at *www.oakridge.doe.gov/em/ssab.* 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:* The main meeting topic will be the “Oak Ridge Annual Site Environmental Report.” *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 statements pertaining to the agenda item should contact Pat Halsey at the address or telephone number listed above. Requests 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 or calling Pat Halsey at the address and phone number listed above. Minutes will also be available at the following Web site *http://www.oakridge.doe.gov/em/ssab/minutes.htm.* Issued at Washington, DC on February 21, 2008. Rachel Samuel, Deputy Committee Management Officer. [FR Doc. E8-3688 Filed 2-26-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Office of Science; DOE/NSF Nuclear Science Advisory Committee AGENCY: Department of Energy. ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the DOE/NSF Nuclear Science Advisory Committee (NSAC). Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of these meetings be announced in the **Federal Register.** DATES: Monday, March 17, 2008, 9 a.m. to 6 p.m. ADDRESSES: DoubleTree Hotel, 1515 Rhode Island Avenue, NW., Washington, DC 20005. FOR FURTHER INFORMATION CONTACT: Brenda L. May, U.S. Department of Energy; SC-26/Germantown Building, 1000 Independence Avenue, SW., Washington, DC 20585-1290; Telephone: 301-903-0536. SUPPLEMENTARY INFORMATION: *Purpose of Meeting:* To provide advice and guidance on a continuing basis to the Department of Energy and the National Science Foundation on scientific priorities within the field of basic nuclear science research. *Tentative Agenda:* Agenda will include discussions of the following: Monday, March 17, 2008 • Perspectives from Department of Energy and National Science Foundation • Presentation of the Performance Measures Subcommittee Report • Update on Isotope Production Activities • Report from NuPECC • Public Comment (10-minute rule) *Public Participation:* The meeting is open to the public. If you would like to file a written statement with the Committee, you may do so either before or after the meeting. If you would like to make oral statements regarding any of these items on the agenda, you should contact Brenda L. May, 301-903-0536 or *Brenda.May@science.doe.gov* (e-mail). You must make your request for an oral statement at least 5 business days before the meeting. Reasonable provision will be made to include the scheduled oral statements on the agenda. The Chairperson of the Committee will conduct the meeting to facilitate the orderly conduct of business. Public comment will follow the 10-minute rule. *Minutes:* The minutes of the meeting will be available on the U.S. Department of Energy's *Office of Nuclear Physics* Web site for viewing. Issued in Washington, DC, on February 21, 2008. Rachel Samuel, Deputy Committee Management Officer. [FR Doc. E8-3685 Filed 2-26-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL08-38-000] Atlantic Path 15, LLC; Notice of Institution of Proceeding and Refund Effective Date February 20, 2008. On February 19, 2008, the Commission issued an order that instituted a proceeding in the above-referenced docket, pursuant to section 206 of the Federal Power Act

(FPA)16 U.S.C. 824e, concerning Atlantic Path 15, LLC's proposed transmission rates. *Atlantic Path 15, LLC,* 122 FERC ¶ 61,135 (2008). The refund effective date in the above-docketed proceeding, established pursuant to section 206(b) of the FPA, will be the date of publication of this notice in the **Federal Register** . Kimberly D. Bose, Secretary. [FR Doc. E8-3657 Filed 2-26-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 February 21, 2008. Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: *Docket Numbers:* RP08-137-001. *Applicants:* Cheniere Creole Trail Pipeline, LP. *Description:* Cheniere Creole Trail Pipeline, LP submits its First revised Sheet 115 *et al.* to FERC Gas Tariff, Original Volume 1. *Filed Date:* 02/15/2008. *Accession Number:* 20080219-0237. *Comment Date:* 5 p.m. Eastern Time on Wednesday, February 27, 2008. *Docket Numbers:* RP08-187-001. *Applicants:* Northern Natural Gas Company. *Description:* Northern Natural Gas Co. submits its Substitute 22 Revised Sheet 61 *et. al.* to its FERC Gas Tariff, Fifth Revised Volume 1. *Filed Date:* 02/19/2008. *Accession Number:* 20080221-0006. *Comment Date:* 5 p.m. Eastern Time on Tuesday, February 26, 2008. *Docket Numbers:* RP08-200-000. *Applicants:* Guardian Pipeline, L.L.C. *Description:* Guardian Pipeline, LLC submits nine service agreements including an FT-2 Service Agreement, an EAW Service Agreement and an MA Service Agreement with Wisconsin Gas, LLC *et al.* *Filed Date:* 02/15/2008. *Accession Number:* 20080220-0005. *Comment Date:* 5 p.m. Eastern Time on Wednesday, February 27, 2008. *Docket Numbers:* RP08-201-000. *Applicants:* Colorado Interstate Gas Company. *Description:* Colorado Interstate Gas Co. submits their request for FERC to allow for an out-of-time adjustment to its transportation fuel gas reimbursement percentage & files Forty-Ninth Revised Sheet 11A to FERC Gas Tariff, First Revised Volume 1. *Filed Date:* 02/19/2008. *Accession Number:* 20080221-0002. *Comment Date:* 5 p.m. Eastern Time on Monday, March 3, 2008. *Docket Numbers:* RP08-202-000. *Applicants:* Saltville Gas Storage Company L.L.C. *Description:* Saltville Gas Storage Company, LLC submits its Sixth Revised Sheet 204 to FERC Gas Tariff, Original Volume 1, to be effective 3/21/08. *Filed Date:* 02/19/2008. *Accession Number:* 20080221-0001. *Comment Date:* 5 p.m. Eastern Time on Monday, March 3, 2008. *Docket Numbers:* RP08-23-000. *Applicants:* Wyoming Interstate Company, Ltd. *Description:* Wyoming Interstate Co, Ltd's request that FERC permit them to make a cash payment to its customers for the over-collection of fuel gas and lost and unaccounted-for gas that occurred between 9/1/07—11/30/07. *Filed Date:* 02/19/2008. *Accession Number:* 20080221-0003. *Comment Date:* 5 p.m. Eastern Time on Monday, March 3, 2008. *Docket Numbers:* RP08-204-000. *Applicants:* Columbia Gas Transmission Corporation. *Description:* Columbia Gas Transmission Corp. submits its Twentieth Revised Sheet 500B to its FERC Gas Tariff, Second Revised Volume 1. *Filed Date:* 02/19/2008. *Accession Number:* 20080221-0004. *Comment Date:* 5 p.m. Eastern Time on Monday, March 3, 2008. *Docket Numbers:* RP08-205-000. *Applicants:* Northern Natural Gas Company. *Description:* Northern Natural Gas Co. submits non-conforming and negotiated rate service agreements with Constellation Energy Commodities & 15 Revised Sheet 66B *et al.* to FERC Gas Tariff, Fifth Revised Volume 1. *Filed Date:* 02/19/2008. *Accession Number:* 20080221-0005. *Comment Date:* 5 p.m. Eastern Time on Monday, March 3, 2008. *Docket Numbers:* RP08-206-000. *Applicants:* Canyon Creek Compression Company. *Description:* Canyon Creek Compression Co. submits its Penalty Revenue Crediting Report. *Filed Date:* 02/20/2008. *Accession Number:* 20080221-0007. *Comment Date:* 5 p.m. Eastern Time on Monday, March 3, 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 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. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E8-3664 Filed 2-26-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-446-000] Kelson Energy III LLC; Notice of Issuance of Order February 20, 2008. Kelson Energy III LLC (Kelson Energy) filed an application for market-based rate authority, with an accompanying tariff. The proposed market-based rate tariff provides for the sale of energy, capacity and ancillary services at market-based rates. Kelson Energy also requested waivers of various Commission regulations. In particular, Kelson Energy requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by Kelson Energy. On February 14, 2008, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—West, granted the requests for blanket approval under Part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by Kelson Energy, should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). The Commission encourages the electronic submission of protests using the FERC Online link at *http://www.ferc.gov.* Notice is hereby given that the deadline for filing protests is March 17, 2008. Absent a request to be heard in opposition to such blanket approvals by the deadline above, Kelson Energy is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of Kelson Energy, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of Kelson Energy's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E8-3656 Filed 2-26-08; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-SFUND-2007-0840; FRL-8534-3] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Application for Reimbursement to Local Governments for Emergency Response to Hazardous Substance Releases Under CERCLA Section 123 (Renewal); EPA ICR Number 1425.07, OMB Control Number 2050-0077 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that an Information Collection Request

(ICR)has been forwarded to the Office of Management and Budget

(OMB)for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before March 28, 2008. ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-SFUND-2007-0840, to

(1)EPA online using *http://www.regulations.gov* (our preferred method), by e-mail to *OW-Docket@epa.gov* or by mail to: EPA Docket Center, Environmental Protection Agency, Water Docket, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and

(2)OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Lisa Boynton, Office of Solid Waste and Emergency Response, Office of Emergency Management, (5104A) Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:202-564-2487; fax number: 202-564-8729; e-mail address: *Boynton.Lisa@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On August 22, 2007 (72 FR 46993), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-SFUND-2007-0840, which is available for online viewing at *http://www.regulations.gov,* or in person viewing at the Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the Water Docket is 202-566-2426. Use EPA's electronic docket and comment system at *http://www.regulations.gov,* to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *http://www.regulations.gov* as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *http://www.regulations.gov.* *Title:* Application for Reimbursement to Local Governments for Emergency Response to Hazardous Substance Releases under CERCLA section 123 (Renewal). *ICR Numbers:* EPA ICR No. 1425.07, OMB Control No. 2050-0077. *ICR Status:* This ICR is scheduled to expire on February 29, 2008. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* The Agency requires applicants for reimbursement under this program authorized under section 123 of CERCLA to submit an application that demonstrates consistency with program eligibility requirements. This is necessary to ensure proper use of the Superfund. EPA reviews the information to ensure compliance with all statutory and program requirements. The applicants are local governments who have incurred expenses, above and beyond their budgets, for hazardous substance response. Submission of this information is voluntary and to the applicant's benefit. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 9 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Local Governments. *Estimated Number of Respondents:* 45. *Frequency of Response:* On Occasion. *Estimated Total Annual Hour Burden:* 405. *Estimated Total Annual Cost:* $7,493, includes $0 annualized capital or O&M costs. *Changes in the Estimates:* There is a decrease of 1,395 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. This decrease is due to a reduction in the anticipated number of respondents. Dated: February 21, 2008. Sara Hisel-McCoy, Director, Collection Strategies Division. [FR Doc. E8-3693 Filed 2-26-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2003-0004; FRL-8352-7] Access to Confidential Business Information by Abt Associates, Inc. AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: EPA has authorized its contractor, Abt Associates, Inc.

(Abt)of Bethesda, MD and its subcontractors Eastern Research Group

(ERG)of Chantilly, VA and Lexington, MA; and Syracuse Research Corporation

(SRC)of Arlington, VA and North Syracuse, NY, to access information which has been submitted to EPA under all section(s) of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI). Dates: Access to the confidential data will occur no sooner than March 5, 2008. FOR FURTHER INFORMATION CONTACT: *For general information contact* : Colby Lintner, Regulatoryr, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(202)554-1404; e-mail address: *TSCA-Hotline@epa.gov* . *For technical information contact* : Scott Sherlock, Environmental Assistance Division (7408M), Office Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(202)564-8257; e-mail address: *sherlock.scott@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are or may be required to conduct testing of chemical substances under the Toxic Substances Control Act (TSCA). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Get Copies of this Document and Other Related Information? 1. *Docket* . EPA has established a docket for this action under docket identification

(ID)number EPA-HQ-OPPT-2003-0004. All documents in the docket are listed in the docket's index available at *http://www.regulations.gov* . Although, listed in the index, some information is not publicly available, e.g., Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically at *http://www.regulations.gov* , or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., N.W., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The telephone number of the EPA/DC Public Reading Room is

(202)566-1744, and the telephone number for the OPPT Docket is

(202)566-0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure. 2. *Electronic access* . You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . II. What Action is the Agency Taking? Under Contract Number EP-W-08-010, Abt of 4800 Montgomery Lane, Bethesda, MD and 55 Wheeler Street, Cambridge, MA; ERG of Avion Lakeside Drive D, 14555 Avion Parkway, Chantilly, VA and 110 Hartwell Avenue, Lexington, MA; and SRC of 2451 Crystal Dr., Suite 804, Arlington, VA and 7502 Round Pond, Road, North Syracuse, NY, will assist the Office of Pollution Prevention and Toxics

(OPPT)in performing economic and market analysis related to new and existing chemicals. These analyses will largely be of the costs, economic impacts, benefits, and regulatory impacts of actual or potential EPA actions taken under TSCA. They will also support the voluntary Design for the Environment and Green Chemistry programs. In accordance with 40 CFR 2.306(j), EPA has determined that under Contract Number EP-W-08-010, Abt and its subcontractors will require access to CBI submitted to EPA under all section(s) of TSCA to perform successfully the duties specified under the contract. Abt and its subcontractors will be given access to information submitted to EPA under all section(s) of TSCA. Some of the information may be claimed or determined to be CBI. EPA is issuing this notice to inform all submitters of information under all section(s) of TSCA that EPA may provide Abt and its subcontractors access to these CBI materials on a need-to-know basis only. All access to TSCA CBI under this contract will take place at EPA Headquarters; Abt sites in Bethesda, MD and Cambridge, MA; ERG sites in Chantilly, VA and Lexington, MA; and SRC sites in Arlington, VA and North Syracuse, NY. Abt and its subcontractors will be authorized access to TSCA CBI at EPA Headquarters and their sites under the EPA TSCA CBI Protection Manual. Access to TSCA data, including CBI, will continue until March 30, 2014. If the contract is extended, this access will continue without further notice. Abt and its subcontractors will be required to sign nondisclosure agreements and will be briefed on appropriate security procedures before they are permitted access to TSCA CBI. List of Subjects Environmental protection, Confidential Business Information. Dated: February 12, 2008. Brion Cook, Director, Information Management Division, Office of Pollution Prevention and Toxics. [FR Doc. E8-3249 Filed 2-26-08; 8:45 a.m.] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2003-0004; FRL-8353-1] Access to Confidential Business Information by Electronic Data Systems Corporation AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: EPA has authorized its contractor, Electronic Data Systems Corporation

(EDS)of Herndon, VA, to access information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI). DATES: Access to the confidential data will occur no sooner than March 5, 2008. FOR FURTHER INFORMATION CONTACT: *For general information contact* : Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(202)554-1404; e-mail address: *TSCA-Hotline@epa.gov* . *For technical information contact* : Scott Sherlock, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:(202) 564-8257; fax number:

(202)564-8251; e-mail address: *Scott sherlock.scott@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Notice Apply to Me? This action is directed to the public in general. This action may, however, be of interest to you if are or may be required to conduct testing of chemical substances under the Toxic Substances Control Act (TSCA). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Get Copies of this Document and Other Related Information? 1. *Docket* . EPA has established a docket for this action under docket identification

(ID)number EPA-HQ-OPPT-2003-0004. All documents in the docket are listed in the docket's index available at *http://www.regulations.gov* . Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically at *http://www.regulations.gov* , or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The telephone number of the EPA/DC Public Reading Room is

(202)566-1744, and the telephone number for the OPPT Docket is

(202)566-0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure. 2. *Electronic access* . You may access this **Federal Register** document electronically through the EPA Internet under the **“Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . II. What Action is the Agency Taking? Under Order Number EP08H000027, contractor EDS of 13600 EDS Dr., Herndon, VA will assist the Office of Pollution Prevention and Toxics

(OPPT)in conducting an independent verification and validation (IV & V) against the EPA's Manage Toxic Substance

(MTS)New Chemical Submission

(NCS)System. This task will also include reviewing EPA information and systems containing TSCA CBI. In accordance with 40 CFR 2.306(j), EPA has determined that under Order Number EP08H000027, EDS will require access to CBI submitted to EPA under all sections of TSCA to perform successfully the duties specified under the contract. EDS personnel will be given access to information submitted to EPA under all sections of TSCA. Some of the information may be claimed or determined to be CBI. EPA is issuing this notice to inform all submitters of information under all sections of TSCA that EPA may provide EDS access to these CBI materials on a need-to-know basis only. All access to TSCA CBI under this contract will take place at EPA Headquarters. EDS will be authorized access to TSCA CBI at EPA Headquarters under the EPA *TSCA CBI Protection Manual* . Access to TSCA data, including CBI, will continue until September 30, 2008. If the contract is extended, this access will also continue for the duration of the extended contract without further notice. EDS personnel will be required to sign nondisclosure agreements and will be briefed on appropriate security procedures before they are permitted access to TSCA CBI. List of Subjects Environmental protection, Confidential Business Information. Dated: February 12, 2008. Brion Cook, Director, Information Management Division, Office of Pollution Prevention and Toxics. [FR Doc. E8-3272 Filed 2-26-08; 8:45 a.m.] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [FRL-8534-5] Coastal Elevations and Sea Level Rise Advisory Committee Meeting AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of meeting. SUMMARY: Under the Federal Advisory Committee Act (Pub. L. 92-463), EPA gives notice of a meeting of the Coastal Elevations and Sea Level Rise Advisory Committee. DATES: The meeting will consist of two sessions: the first on Monday, March 17, 2008, from 1 p.m. until 5 p.m. EST; the second on Tuesday, March 18, 2008, from 1 p.m. until no later than 5 p.m. EST. The meeting may end earlier than 5 p.m. on March 18 if the Committee has concluded its business. ADDRESSES: The meeting will take place via teleconference. Interested parties can access the teleconference as follows. First, dial the following toll free number:

(800)704-9804. Second, enter the following conference code: 661428. The leader will begin the conference call. FOR FURTHER INFORMATION CONTACT: Jack Fitzgerald, Designated Federal Officer, Climate Change Division, Mail Code 6207J, Office of Atmospheric Programs, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; e-mail address: *Fitzgerald.jack@epa.gov,* telephone number

(202)343-9336, fax:

(202)343-2337. SUPPLEMENTARY INFORMATION: The purpose of CESLAC is to provide advice on a study titled *Coastal Elevations and Sensitivity to Sea Level Rise* being conducted as part of the U.S. Climate Change Science Program. Copies of the study prospectus and CESLAC Charter are available at *http://www.climatescience.gov/Library/sap/sap4-1/default.php* and *http://www.fido.gov/facadatabase/.* This fourth meeting of CESLAC will focus on consideration of a draft of the study recently issued for public review and preparation of the Committee's report. Draft materials to be considered in the meeting will be available at *http://www.environmentalinformation.net/CESLAC/.* Based on the extent of public participation in the first three meetings of CESLAC, thirty minutes of this fourth meeting will be allocated for statements by members of the public at 1:30 p.m. on March 18. Individuals who are interested in making statements should inform Jack Fitzgerald of their interest by Tuesday, March 11, and provide a copy of their statements for the record. Individuals will be scheduled in the order that their statements of intent to present are received. A minimum of three minutes will be provided for each statement. The maximum amount of time will depend on the number of statements to be made. All statements, regardless of whether there is sufficient time to present them orally, will be included in the record and considered by the committee. To request accommodation of a disability, please also contact Jack Fitzgerald, preferably at least ten days prior to the meeting, to give EPA as much time as possible to process your request. Dated: February 21, 2008. Jack Fitzgerald, Designated Federal Officer. [FR Doc. E8-3691 Filed 2-26-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2004-0385; FRL-8350-4] Permethrin; Amended Reregistration Eligibility Decision; Notice of Availability AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces EPA's intention to modify certain risk mitigation measures that were imposed as a result of the 2006 Reregistration Eligibility Decision

(RED)for the pesticide permethrin. EPA conducted this reassessment of the permethrin RED in response to public comments received. In response to the commentors and continuing efforts to mitigate risk, the Agency has made several modifications to the permethrin RED label requirements including: Clarification of application rates to mushroom houses; revised droplet sizes for wide area mosquito abatement products; and mandatory label statements for canine spot-on products, pre-construction termiticide applications, and spray drift language for agricultural products. Additionally, the Agency has revised the data requirements and added a statement to Section IV of the RED to address concerns regarding the residential use of outdoor pesticide misting systems. FOR FURTHER INFORMATION CONTACT: Eric Miederhoff, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)347-8028; fax number:

(703)308-7070; e-mail address: *miederhoff.eric@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Access this Document and Other Related Information? 1. *Docket* . EPA has established a docket for this action under docket identification

(ID)number EPA-HQ-OPP-2004-0385. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the Office of Pesticide Programs

(OPP)Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is

(703)305-5805. 2. *Electronic access* . You may access this **Federal Register** document electronically through the EPA Internet under the **Federal Register** listings at *http://www.epa.gov/fedrgstr* . II. Background What Action is the Agency Taking? Under section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to ensure that they meet current scientific and regulatory standards. In 2006, EPA issued a RED for permethrin under section 4(g)(2)(A) of FIFRA. In response to a notice of availability published in the **Federal Register** on June 28, 2006 (71 FR 36788) (FRL-8074-5), the Agency received substantive comments from the technical registrant and other commentors. The Agency's response to these comments is available for viewing in the public docket. The amended permethrin RED reflects changes resulting from these comments as well as subsequent efforts by the Agency to mitigate overall risk. III. What Does this Amendment Do? The amended permethrin RED reflects revisions resulting from Agency consideration of public comments to the RED and efforts to develop standardized label language for certain applications. The label table incorporated into the permethrin RED amendment includes modifications which provide mandatory label language for canine spot-on products, pre-construction termiticide applications, and spray drift language for agricultural products; clarification of application rates to mushroom houses; and revised droplet sizes for wide area mosquito abatement products. In addition, to address concerns regarding the residential use of outdoor pesticide misting systems, the following statement has been added to the permethrin RED: “The Agency has developed an Outdoor Residential Misting System web-based fact sheet page designed to help consumers decide if these systems are appropriate for their home, understand safety precautions about using outdoor misting systems, find related information on Integrated Pest Management, and understand the role of the US EPA and state agencies in regulating misters.” Also, the permethrin RED has been amended to reflect the Agency's determination that efficacy data is required for the following product groups which claim to target public health pests: Outdoor residential misting systems, permethrin impregnated clothing products, and permethrin products used on domestic animals. The generic data call-in requirements have also been revised to exclude the following confirmatory studies which the Agency has determined are not required: Whole sediment acute toxicity for freshwater and estuarine/marine invertebrates, directions for use, and enforcement analytical method for animals. List of Subjects Environmental protection, Pesticides and pests. Dated: February 20, 2008. Steven Bradbury, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E8-3690 Filed 2-26-08; 8:45 a.m.] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2008-0017; FRL-8351-9] Pesticide Products; Registration Applications AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces receipt of applications to register pesticide products containing new active ingredients not included in any currently registered products pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. DATES: Comments must be received on or before March 28, 2008. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2008-0017, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2008-0017. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

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

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

(703)308-1259; e-mail address: *wilkins.raderrio@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(ID)number EPA-HQ-OPP-2008-0019, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2008-0019. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

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

(703)308-0028; e-mail address: *duggard.mari@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(RED)for sulfometuron methyl through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration decisions. Through this program, EPA is ensuring that all pesticides meet current health and safety standards. DATES: Comments must be received on or before April 28, 2008. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2008-0129, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2008- 0129. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(703)305-5805. FOR FURTHER INFORMATION CONTACT: Rusty Wasem, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)305-6979; fax number:

(703)308-7070; e-mail address: *wasem.russell@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. * Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. * Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(WDG)and applied using a variety of methods including helicopter, fixed-wing aircraft, ground spray (boom and backpack), and spot treatment. EPA is providing an opportunity, through this notice, for interested parties to provide comments and input on the Agency's risk assessments for sulfometuron methyl. Such comments and input could address the availability of additional data to further refine the risk assessments, or could address the Agency's risk assessment methodologies and assumptions as applied to this specific pesticide. Through this notice, EPA also is providing an opportunity for interested parties to provide risk management proposals or otherwise comment on risk management for sulfometuron methyl. Risks of concern associated with the use of sulfometuron methyl are: indirect effects on freshwater fish and invertebrates, estuarine/marine fish and invertebrates, and acute and chronic exposure to aquatic and terrestrial plants. In targeting these risks of concern, the Agency solicits information on effective and practical risk reduction measures. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical, unusually high exposure to sulfometuron methyl, compared to the general population. EPA is applying the principles of public participation to all pesticides undergoing reregistration. The Agency's Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the **Federal Register** on May 14, 2004 (69 FR 26819) (FRL-7357-9), explains that in conducting these programs, the Agency is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of the issues, and degree of public concern associated with each pesticide. For sulfometuron methyl, a modified, 4-Phase process with one comment period seems appropriate in view of its limited risk and few complex issues. However, if as a result of comments received during this comment period EPA finds that additional issues warranting further discussion are raised, the Agency may lengthen the process and include a second comment period, as needed. All comments should be submitted using the methods in ADDRESSES , and must be received by EPA on or before the closing date. Comments will become part of the Agency Docket for sulfometuron methyl. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. B. What is the Agency's Authority for Taking this Action? Section 4(g)(2) of FIFRA, as amended, directs that, after submission of all data concerning a pesticide active ingredient, “the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration,” before calling in product-specific data on individual end-use products and either reregistering products or taking other “appropriate regulatory action.” List of Subjects Environmental protection, Pesticides and pests. Dated: February 21, 2008. Peter Caulkins, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E8-3699 Filed 2-26-08; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2008-0014; FRL-8352-4] Tetramethrin Risk Assessments; Notice of Availability and Risk Reduction Options AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the availability of EPA's risk assessments, and related documents, for the pesticide tetramethrin and opens a public comment period on these documents (Phase 3 of 4-Phase Process). The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision

(RED)for tetramethrin through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration decisions. Through this program, EPA is ensuring that all pesticides meet current health and safety standards. DATES: Comments must be received on or before April 28, 2008. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2008-0014 by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2008-0014. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

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

(703)305-5805. FOR FURTHER INFORMATION CONTACT: Monica Wait, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)347-8019; fax number:

(703)308-8189; e-mail address: *wait.monica@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. * Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background A. What Action is the Agency Taking? EPA is releasing for public comment its human health and environmental fate and effects risk assessments and related documents for tetramethrin, a synthetic pyrethroid pesticide, and soliciting public comment on risk management ideas or proposals. EPA developed the risk assessments and risk characterization for tetramethrin through a modified version of its public process for making pesticide reregistration eligibility and tolerance reassessment decisions. Through these programs, EPA is ensuring that pesticides meet current standards under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). Tetramethrin is a broad-specturm, first-generation synthetic pyrethroid insecticide. It is a rapid knockdown agent against flying and crawling insects. It is frequently combined with a killing agent since knockdown may be transient. It may be co-formulated with synergists and other active ingredients to provide residual activity against insects not exposed initially. Tetramethrin is used for both indoor and outdoor residential, institutional, industrial, and horticultural use sites. It is also registered for use on pets and clothes; and there are no registered food uses. Tetramethrin is applied by spray from an aerosol can, injected into cracks and crevices or ant mounds through an injection tube attached to the aerosol can, by hand to pets, or dispersed into the air using a fogger can. EPA is providing an opportunity, through this notice, for interested parties to provide comments and input on the Agency's risk assessments for tetramethrin. Such comments and input could address, for example, the availability of additional data to further refine the risk assessments, such as data on the dissipation of tetramethrin on carpets and vinyl flooring after residential indoor application, detailed data on tetramethrin's residential use patterns, or could address the Agency's risk assessment methodologies and assumptions as applied to this specific pesticide. Through this notice, EPA also is providing an opportunity for interested parties to provide risk management proposals or otherwise comment on risk management for tetramethrin. Risks of concern associated with the use of tetramethrin include the following: post-application inhalation exposure from total release foggers and post-application incidental oral exposure from aerosol can and ready-to-use sprays. In targeting these risks of concern, the Agency solicits information on effective and practical risk reduction measures. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical, unusually high exposure to tetramethrin, compared to the general population. EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency's Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the **Federal Register** on May 14, 2004 (69 FR 26819) (FRL-7357-9), explains that in conducting these programs, the Agency is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of the issues, and degree of public concern associated with each pesticide. For tetramethrin, a modified, 4-Phase process with one comment period and ample opportunity for public consultation seems appropriate in view of its limited use and few complex issues. However, if as a result of comments received during this comment period EPA finds that additional issues warranting further discussion are raised, the Agency may lengthen the process and include a second comment period, as needed. All comments should be submitted using the methods in ADDRESSES , and must be received by EPA on or before the closing date. Comments will become part of the Agency Docket for tetramethrin. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. B. What is the Agency's Authority for Taking this Action? Section 4(g)(2) of FIFRA, as amended, directs that, after submission of all data concerning a pesticide active ingredient, “the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration,” before calling in product-specific data on individual end-use products and either reregistering products or taking other “appropriate regulatory action.” List of Subjects Environmental protection, Pesticides and pests. Dated: February 20, 2008. Steven Bradbury, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E8-3689 Filed 2-26-08; 8:45 a.m.] BILLING CODE 6560-50-S FEDERAL ELECTION COMMISSION [Notice 2008-5] Filing Dates for the California Special Election in the 12th Congressional District AGENCY: Federal Election Commission. ACTION: Notice of filing dates for special election. SUMMARY: California has scheduled a special general election on April 8, 2008, to fill the U.S. House of Representatives seat in the Twelfth Congressional District held by the late Representative Tom Lantos. Under California law, a majority winner in a special election is declared elected. Should no candidate achieve a majority vote, a special runoff election will be held on June 3, 2008, among the top vote-getters of each qualified political party, including qualified independent candidates. Committees participating in the California special elections are required to file pre- and post-election reports. Filing dates for these reports are affected by whether one or two elections are held. FOR FURTHER INFORMATION CONTACT: Mr. Kevin R. Salley, Information Division, 999 E Street, NW., Washington, DC 20463; Telephone:

(202)694-1100; Toll Free

(800)424-9530. SUPPLEMENTARY INFORMATION: Principal Campaign Committees All principal campaign committees of candidates who participate in the California Special General and Special Runoff Elections shall file a 12-day Pre-General Report on March 27, 2008; a Pre-Runoff Report on May 22, 2008; and a Post-Runoff Report on July 3, 2008. (See chart below for the closing date for each report.) If only one election is held, all principal campaign committees of candidates in the Special General Election shall file a 12-day Pre-General Report on March 27, 2008; and a Post-General Report on May 8, 2008. (See chart below for the closing date for each report.) Unauthorized Committees (PACs and Party Committees) Political committees filing on a quarterly basis in 2008 are subject to special election reporting if they make previously undisclosed contributions or expenditures in connection with the California Special General or Special Runoff Elections by the close of books for the applicable report(s). (See chart below for the closing date for each report.) Committees filing monthly that support candidates in the California Special General or Special Runoff Election should continue to file according to the monthly reporting schedule. Additional disclosure information in connection with the California Special Election may be found on the FEC Web site at *http://www.fec.gov/info/report_dates.shtml* . Calendar of Reporting Dates for California Special Election Report Close of books 1 Reg./cert. & overnight mailing deadline Filing deadline If Only the Special General is Held (04/08/08), Committees Involved Must File Pre-General 03/19/08 03/24/08 03/27/08 April Quarterly 03/31/08 04/15/08 04/15/08 Post-General 04/28/08 05/08/08 05/08/08 July Quarterly 06/30/08 07/15/08 07/15/08 If Two Elections Are Held, Committees Involved Only in the Special General (04/08/08) Must File Pre-General 03/19/08 03/24/08 03/27/08 April Quarterly 03/31/08 04/15/08 04/15/08 Committees Involved in the Special General (04/08/08) and Special Runoff (06/03/08) Must File Pre-General 03/19/08 03/24/08 03/27/08 April Quarterly 03/31/08 04/15/08 04/15/08 Pre-Runoff 05/14/08 05/19/08 05/22/08 Post-Runoff 06/23/08 07/03/08 07/03/08 July Quarterly 06/30/08 07/15/08 07/15/08 Committees Involved Only in the Special Runoff (06/03/08) Must File Pre-Runoff 05/14/08 05/19/08 05/22/08 Post-Runoff 06/23/08 07/03/08 07/03/08 July Quarterly 06/30/08 07/15/08 07/15/08 1 The reporting period always begins the day after the closing date of the last report filed. If the committee is new and has not previously filed a report, the first report must cover all activity that occurred before the committee registered up through the close of books for the first report due. Dated: February 21, 2008. David M. Mason, Chairman, Federal Election Commission. [FR Doc. E8-3713 Filed 2-26-08; 8:45 am] BILLING CODE 6715-01-P FEDERAL MARITIME COMMISSION Notice of Agreement Filed The Commission hereby gives notice of the filing of the following agreement under the Shipping Act of 1984. Interested parties may submit comments on agreements to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the **Federal Register** . Copies of agreements are available through the Commission's Office of Agreements (202-523-5793 or *tradeanalysis@fmc.gov* ). *Agreement No.:* 200860-004. *Title:* Fourth Amendment to Lease and Operating Agreement between PRPA and Dependable Distribution Services Inc. for Pier 84 South. *Parties:* Philadelphia Regional Port Authority and Dependable Distribution Services Inc. *Filing Party:* Paul D. Coleman, Esq.; Hoppel, Mayer & Coleman; 1050 Connecticut Avenue, NW., Tenth Floor; Washington, DC 20036. *Synopsis:* The amendment settles past rent issues under the lease and extends the lease until April 30, 2012. It also allows for a possible third renewal term, establishes base rents and tonnage and dockage fees for future years, and amends the insurance terms. By Order of the Federal Maritime Commission. Dated: February 21, 2008. Karen V. Gregory, Assistant Secretary. [FR Doc. E8-3675 Filed 2-26-08; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Applicants Notice is hereby given that the following applicants have filed with the Federal Maritime Commission an application for license as a Non-Vessel Operating Common Carrier and Ocean Freight Forwarder—Ocean Transportation Intermediary pursuant to section 19 of the Shipping Act of 1984 as amended (46 U.S.C. Chapter 409 and 46 CFR part 515). Persons knowing of any reason why the following applicants should not receive a license are requested to contact the Office of Transportation Intermediaries, Federal Maritime Commission, Washington, DC 20573. Non-Vessel Operating Common Carrier Ocean Transportation Intermediary Applicants LatinCargo, Inc. dba Quisqueyana, 3025 Cypress Pond Pass, Duluth, GA 30097. Officers: Francisco J. Julia, Vice President (Qualifying Individual), Mario Trujillo, President. Gaius Logistics Services LLC, 22 Willow Road, Closter, NJ 07624. Officer: Chang 7. Kim, Member (Qualifying Individual). Caribbean Cargo Agencies, Inc., dba Interline Connection, 8240 NW., 52 Terr., Ste. 503, Miami, FL 33166. Officers: Lilia A. Dorticos, President, (Qualifying Individual) Mark P. Swerdel, Director. Eternal Asia Supply Chain Management

(USA)Corp., Bldg. 75, No Hangar, JFK Int'l Airport. Ste. 200. Jamaica, NY 11430. Officers: Hector Grajales, Vice President, (Qualifying Individual) Tak W. Cheng, President. G.P. Logistics, Inc., 9910 NW., 21 Street, Floral, FL 33172. Officers: Sonia Sergueta, Acct. Executive, Qualifying Individual) Byron E. Reeler, President. Non-Vessel Operating Common Carrier and Ocean Freight Forwarder Transportation Intermediary Applicants Interex Mega Line USA, Inc., 15550 Vickery Drive, Ste. 100, Houston, TX 77032. Officer: Sonia Kim, President. (Qualifying Individual) C C Imports, Inc., 1504 Pine Log Road, Ste. B, Conyers, GA 30012. Officer: Charlene IC. Cart, President. (Qualifying Individual) Handle With Care Packaging Store, 2413 Zanker Road, San Jose, CA 95131, Narinder Singh Sandhu, Sole Proprietor. Southeast Vocational Alliance Inc., 6018 Nunn, Houston, TX 77087. Officers: Carvis R. Junious, Operations Manager, (Qualifying Individual) Kzysynthia Rido, President. American International Shipping, LLC, 6111 FM 1960 RD West, Ste. 105, Houston, TX 77069. Officer: Mohained F. Elhusseiny, Manager. (Qualifying Individual) CJ GLS America, Inc., 404 Foxrun Avenue, Opelika, AL 36801. Officer: Kun C. Kim, CEO. (Qualifying Individual) Bright Star Logistics, Inc., 11205 S. LA Cienega Blvd., Los Angeles, CA 90045. Officer: Soon S. Lim, Vice President. (Qualifying Individual) AS Logistics, Inc. dba Aanstan Logistics, 101 Knightsbridge Dr., Hamilton, OH 45011. Officer: Michael J. Seboria, President. (Qualifying Individual) Cargozone Logistics, Inc., 1490 Beachey Place, Carson, CA 90746. Officer: Sunny Hong, CFO. (Qualifying Individual) Millennium Express and Travel, LLC, 91-1401 Halahua Street, Kapolei, HI 96707. Officer: Sonrisa S. Ibanez, Exec. Officer. (Qualifying Individual) Aerospace Logistics Group LLC, 9538 South Clifton Park Ave., Evergreen Park, IL 60805. Officer: Wallace Tripplet, Vice President. (Qualifying Individual) B.C. Logistics, LTJC, 918 S. Park Lane, Ste. 103, Tempe, AZ 85281. Officer: Vicki Bolejolie, President. (Qualifying Individual) Ocean Freight Forwarder—Ocean Transportation Intermediary Applicants Red Ball Forwarders, Inc., 1335 Sadlier Circle E. Drive, Indianapolis, IN 46239. Officers: Michael Cobb, Vice President, (Qualifying Individual) Katrina Blackwell, CEO. Integrity Cargo Freight Corporation, 160 Rte. 35N, Cliffwood Beach, NJ 07735. Officers: Charles Derosa, Vice President, (Qualifying Individual) Angelo Derosa, President. Phil-Ex Cargo Inc., 94-1018 Awalai Street, Waipahu, HI 96797. Officers: Narciso Gamiao, Jr., President, (Qualifying Individual) Roger Rafanan, Director. Dated: February 21, 2008. Karen V. Gregory, Assistant Secretary. [FR Doc. E8-3674 Filed 2-26-08; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB *Summary: Background.* Notice is hereby given of the final approval of proposed information collections by the Board of Governors of the Federal Reserve System (Board) under OMB delegated authority, as per 5 CFR 1320.16 (OMB Regulations on Controlling Paperwork Burdens on the Public). Board-approved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the Paperwork Reduction Act Submission, supporting statements and approved collection of information instrument(s) are placed into OMB's public docket files. The Federal Reserve may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number. *For Further Information Contact:* Federal Reserve Board Clearance Officer—Michelle Shore—Division of Research and Statistics, Board of Governors of the Federal Reserve System, Washington, DC 20551 (202-452-3829) OMB Desk Officer—Alexander T. Hunt—Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235, Washington, DC 20503. *Final approval under OMB delegated authority of the extension for three years, with revision, of the following reports:* 1. *Report title:* Financial Statements for Bank Holding Companies. *Agency form number:* FR Y-9C, FR Y-9LP, and FR Y-9SP. *OMB control number:* 7100-0128. *Frequency:* Quarterly and semiannually. *Reporters:* Bank holding companies (BHCs). *Annual reporting hours:* FR Y-9C: 160,056; FR Y-9LP: 25,662; FR Y-9SP: 47,135. *Estimated average hours per response:* FR Y-9C: 40.50; FR Y-9LP: 5.25; FR Y-9SP: 5.25. *Number of respondents:* FR Y-9C: 988; FR Y-9LP: 1,222; FR Y-9SP: 4,489. *General description of report:* This information collection is mandatory (12 U.S.C. 1844(c)). Confidential treatment is not routinely given to the data in these reports. However, confidential treatment for the reporting information, in whole or in part, can be requested in accordance with the instructions to the form, pursuant to sections (b)(4), (b)(6) and (b)(8) of the Freedom of Information Act (5 U.S.C. 522(b)(4), (b)(6) and (b)(8)). *Abstract:* The FR Y-9C, FR Y-9LP, and FR Y-9SP are standardized financial statements for the consolidated BHC and its parent. The FR Y-9 family of reports historically has been, and continues to be, the primary source of financial information on BHCs between on-site inspections. Financial information from these reports is used to detect emerging financial problems, to review performance and conduct pre-inspection analysis, to monitor and evaluate capital adequacy, to evaluate BHC mergers and acquisitions, and to analyze a BHC's overall financial condition to ensure safe and sound operations. The FR Y-9C consists of standardized financial statements similar to the Federal Financial Institutions Examination Council (FFIEC) Consolidated Reports of Condition and Income (Call Reports) (FFIEC 031 & 041; OMB No. 7100-0036) filed by commercial banks. The FR Y-9C collects consolidated data from BHCs. The FR Y-9C is filed by top-tier BHCs with total consolidated assets of $500 million or more. (Under certain circumstances defined in the General Instructions, BHCs under $500 million may be required to file the FR Y-9C.) The FR Y-9LP includes standardized financial statements filed quarterly on a parent company only basis from each BHC that files the FR Y-9C. In addition, for tiered BHCs, a separate FR Y-9LP must be filed for each lower tier BHC. The FR Y-9SP is a parent company only financial statement filed by smaller BHCs. Respondents include BHCs with total consolidated assets of less than $500 million. This form is a simplified or abbreviated version of the more extensive parent company only financial statement for large BHCs (FR Y-9LP). This report is designed to obtain basic balance sheet and income information for the parent company, information on intangible assets, and information on intercompany transactions. *Current Actions:* On November 9, 2007, the Federal Reserve published a notice in the **Federal Register** (72 FR 63580) requesting public comment for sixty days on the extension, with revision, of the Financial Statements for Bank Holding Companies. The comment period expired on January 8, 2008. The Federal Reserve received four comment letters on proposed revisions to the FR Y-9C: Three from banking organizations and one from a bankers' organization. The Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Board (the banking agencies) received five additional comment letters on proposed changes to the Call Reports that parallel proposed changes to the FR Y-9C: Four from banking organizations and one from a government agency. No comments were received on proposed changes to the FR Y-9LP or the FR Y-9SP. No comments were received on

(1)the proposed data items for restructured troubled 1-4 family residential mortgages,

(2)the fair value and unpaid principal balance by loan category of loans held for sale or investment that are measured at fair value,

(3)the revised reporting threshold for the trading assets and liabilities schedule,

(4)the revisions to the regulatory capital schedule and instructions for credit derivatives, and

(5)the conformity changes for brokered deposits within the deposits schedule. Three banking organizations commented on the proposed modification of the trading account definition and expressed support for this definitional change. The revisions discussed in this paragraph will be implemented March 31, 2008, as proposed. With respect to the remaining proposed revisions, the Federal Reserve approved certain modifications to them to address concerns expressed by commenters. The Federal Reserve will move forward with the modified reporting changes on March 31, 2008, although the reporting of certain proposed new items will be optional for this initial report date and will be required beginning June 30, 2008. For the March 31, 2008, report date, institutions may provide reasonable estimates for any new or revised data item required to be reported as of that date for which the requested information is not readily available. For the new data items that are optional as of the March 31, 2008, report date, this same policy on the use of reasonable estimates will apply to these new items as of the June 30, 2008, report date. The Federal Reserve's responses to the comments received and a discussion of the related revisions are presented below. Revisions Related to 1-4 Family Residential Mortgage Loans 1. Interest and Fee Income and Quarterly Average Currently, BHCs report the total amount of interest and fee income on their loans secured by real estate (in domestic offices) in the income statement (Schedule HI, data item 1.a.(1), Interest and fee income on loans: in domestic offices) and include the quarterly average for these loans (in domestic offices) in the quarterly averages schedule (Schedule HC-K, data item 3). The Federal Reserve proposed to split these existing income statement and quarterly average data items into separate data items for the interest and fee income on and the quarterly averages of “Loans secured by 1-4 family residential properties,” “All other loans secured by real estate,” and “All other loans in domestic offices.” One banking organization commented on comparable additions to the Call Report. This bank noted that these additions will require changes to its loan processing and accounting systems, which will affect loan personnel, but that it is possible to implement these changes. The Federal Reserve will proceed to add these data items to the FR Y-9C as proposed. 2. Mortgages in Foreclosure The Federal Reserve proposed to add two new memoranda items for the amount of 1-4 family residential mortgage loans owned by the BHC and serviced by the BHC that are in foreclosure as of the quarter-end report date. Mortgage loans in foreclosure will be those for which the legal process of foreclosure has been initiated, but for which the foreclosure process has not yet been resolved at quarter-end. 1 These memoranda items will be added to the loan schedule (Schedule HC-C) and the servicing, securitization, and asset sale activities schedule (Schedule HC-S), with the carrying amount (before any applicable allowance for loan and leases losses) reported in the former memorandum item and the outstanding principal amount reported in the latter memorandum item. Reporting mortgage loans as being in process of foreclosure will not exempt those loans owned by the BHC from being reported as past due or nonaccrual, as appropriate, in Schedule HC-N, and will not exempt those loans serviced by the BHC that are reported in Schedule HC-S, data item 1, from being reported as past due, as appropriate, in that schedule. 1 For banks that participate in the Mortgage Bankers Association's

(MBA)National Delinquency Survey, the time at which mortgage loans would become reportable as being in process of foreclosure for FR Y-9C reporting purposes would be the same time at which mortgage loans become reportable as being in “foreclosure inventory” for MBA survey purposes (although the dollar amount of such loans would be reported in the FR Y-9C while the number of such loans are reported for MBA survey purposes). The bankers' organization provided comments on these proposed data items and three banking organizations supported their comments. The commenters did not object to reporting these data items but requested that the data collection be delayed six months because the data are not readily available. The Federal Reserve will go forward with collecting the new data items as proposed because of the substantial increase in the number of foreclosures reported by the industry and the potentially higher number of foreclosures in the next couple of years. Given current conditions in the residential mortgage market, the Federal Reserve has a strong supervisory interest in being able to evaluate foreclosure data and obtain data needed as the starting point for trend analyses at the earliest possible date. As with all new FR Y-9C data items, BHCs may report reasonable estimates for the amounts of loans in foreclosure for the first reporting period (March 31, 2008) using the best information available. 3. Open-End 1-4 Family Residential Mortgage Banking Activities The Federal Reserve proposed to expand the scope of Schedule HC-P, 1-4 Family Residential Mortgage Banking Activities in Domestic Offices, to include separate data items for originations, purchases, and sales of open-end 1-4 family residential mortgages during the quarter; the amount of such mortgages held for sale at quarter-end; and noninterest income for the quarter from the sale, securitization, and servicing of open-end residential mortgages. When reporting the originations, purchases, sales, and mortgages held for sale, BHCs will report both the total commitment under the line of credit and the principal amount funded under the line. For BHCs with less than $1 billion in total assets, the criteria used to determine whether Schedule HC-P must be completed will be modified to include both closed-end and open-end 1-4 family residential mortgage banking activities. One banking organization and the bankers' organization provided comments on these proposed revisions and three other banking organizations supported the latter's comments. The bankers' organization did not object to reporting the new data items but requested that the data collection be delayed six months because of the time needed to identify and capture the unused commitment amounts and outstanding principal balances. The Federal Reserve agrees not to require the new open-end mortgage data to be reported until the June 30, 2008, FR Y-9C, with optional reporting of these data in the March 31, 2008, FR Y-9C, if the information is available. The banking organization encouraged the Federal Reserve to clearly define the terms “total commitment under the lines of credit” and the “principal amount funded under the lines of credit” as they relate to originations of open-end 1-4 family residential mortgages during the quarter because different interpretations could result in the absence of clear instructions. The organization recommended that “total commitment” be defined as the initial committed balance made to customers on newly established open-end lines of credit and “principal amount funded” be defined as initial fundings made to customers on newly established lines. The Federal Reserve agrees on the necessity for clear definitions of these terms. Thus, the instructions for reporting the “total commitment” will define it as the total amount of the lines of credit granted to customers at the time the open-end credits were originated, which is consistent with the banking organization's recommendation. For retail and wholesale originations of such open-end loans, the instructions would define “principal amount funded” as the initial fundings made to customers on newly established lines of credit. In addition, for open-end loans purchased, sold, held for sale, and (as discussed in the following section) repurchased or indemnified, the “principal amount funded” will be defined as the principal balance outstanding of loans extended under lines of credit at the transaction date or at quarter-end, as appropriate. 4. Mortgage Repurchases and Indemnifications The Federal Reserve proposed to add four new data items to Schedule HC-P to collect data on mortgage loan repurchases and indemnifications during the quarter. For both closed-end first lien and closed-end junior lien 1-4 family residential mortgages, BHCs will report the outstanding principal amount of mortgages repurchased or indemnified as of the date of repurchase or indemnification. For open-end 1-4 family residential mortgages, BHCs will report both the total commitment under the line of credit and the principal amount funded under the line for mortgages repurchased or indemnified. One banking organization and the bankers' organization commented on these comparable additions to the Call Report, with three other banking organizations supporting the bankers' organization's comments. The banking organization sought clarification as to the scope of indemnifications, particularly with respect to whether indemnifications that consisted of reimbursements of legal fees or administrative costs were expected to be reported. The Federal Reserve will clarify the FR Y-9C instructions to state that indemnifications are limited to reimbursements for credit losses, including reimbursements for losses arising from sales of real estate collateral. The bankers' organization also requested a clarification involving terminology, questioning whether, if there is a difference between the book value of a loan and its principal balance, which amount banks are expected to report. The amount to be reported for closed-end loans is the mortgages' outstanding principal amount as of the date of repurchase or indemnification, not the book value of these mortgages. For open-end residential mortgage loans, the concept of principal amount funded is discussed in the preceding section. Finally, the Federal Reserve will not require that the new data items on repurchases and indemnifications of open-end loans be reported until the June 30, 2008, report date, with optional reporting of these data as of the March 31, 2008, report date, if the information is available. Trading Assets and Liabilities and Other Assets and Liabilities Accounted for Under a Fair Value Option 1. Reporting of Assets and Liabilities Under the Fair Value Option as Trading On February 15, 2007, the Financial Accounting Standards Board

(FASB)issued Statement No. 159, *The Fair Value Option for Financial Assets and Financial Liabilities* (FAS 159), which is effective for fiscal years beginning after November 15, 2007. Earlier adoption of FAS 159 was permitted as of the beginning of an earlier fiscal year, provided the BHC

(i)also adopts all of the requirements of FASB Statement No. 157, *Fair Value Measurements* (FAS 157) at the early adoption date of FAS 159;

(ii)has not yet issued a financial statement or submitted FR Y-9C data for any period of that fiscal year; and

(iii)satisfies certain other conditions. Thus, a BHC with a calendar year fiscal year may have voluntarily adopted FAS 159 as of January 1, 2007. Changes in the fair value of financial assets and liabilities to which the fair value option is applied are reported in current earnings as is currently the case for trading assets and liabilities. Since the fair value option standard allows a BHC to elect fair value measurement through earnings for financial assets and financial liabilities, the Federal Reserve understands that some institutions would like to reclassify certain loans elected to be accounted for under the fair value option as trading assets. The FR Y-9C reporting instructions currently do not allow loans held for sale to be reported as trading assets. Under FAS 159, all securities within the scope of FASB Statement No. 115, *Accounting for Certain Investments in Debt and Equity Securities* (FAS 115), that a BHC has elected to report at fair value under a fair value option should be classified as trading securities. Recognizing the provisions of FAS 159, the Federal Reserve proposed the following clarification to the reporting instructions, including the Glossary entry for Trading Account. BHCs may classify assets (other than securities within the scope of FAS 115 for which a fair value option is elected) and liabilities as trading if the BHC applies fair value accounting, with changes in fair value reported in current earnings, and manages these assets and liabilities as trading positions, subject to the controls and applicable regulatory guidance related to trading activities. Three banking organizations provided comments in support of the proposed expanded definition of the trading account to permit the classification of certain loans as trading. The Federal Reserve will proceed with the revised definition of trading account as proposed. 2. Revision of Certain Fair Value Measurement and Fair Value Option Information The Federal Reserve proposed to add two columns to Schedule HC-Q, Financial Assets and Liabilities Measured at Fair Value, to allow BHCs to report any netting adjustments and Level 1 fair value measurements separately in a manner consistent with industry practice. The new columns will be captioned as column B, Amounts Netted in the Determination of Total Fair Value Reported on Schedule HC, and column C, Level 1 Fair Value Measurements. Existing column B, Level 2 Fair Value Measurements, and column C, Level 3 Fair Value Measurements, of Schedule HC-Q will be recaptioned as columns D and E, respectively. Column A will remain unchanged. One commenter, a banking organization, offered comments on comparable proposed changes to Schedule RC-Q of the Call Report. The commenter supported the addition of the two new columns to the schedule. The commenter also suggested amending the scope of Schedule RC-Q to collect information on all assets and liabilities measured at fair value pursuant to FAS 157 rather than the current scope, which collects information primarily based on an organization's election to measure assets at fair value under a fair value option and only includes some of the assets and liabilities covered by FAS 157. The Federal Reserve recognizes that a significant number of BHCs have only recently adopted FAS 157 and are working through a number of implementation issues. In addition, the FASB recently proposed a 1-year delay in the effective date of FAS 157 for all nonfinancial assets and nonfinancial liabilities, except those that are recognized or disclosed at fair value in the financial statements on a recurring basis. In light of these factors, the Federal Reserve believes that it would not be prudent, at this time, to modify the scope of the Schedule HC-Q to include all assets and liabilities covered by FAS 157 as suggested by the commenter, and will proceed with the addition of the two additional columns to Schedule HC-Q as proposed. The Federal Reserve also proposed to add data items to Schedule HC-C, Loans and Leases, to collect data on the loans reported in this schedule that are measured at fair value under a fair value option:

(1)The fair value of such loans measured by major loan category,

(2)the unpaid principal balance of such loans by major loan category, and

(3)the aggregate amount of the difference between the fair value and the unpaid principal balance of such loans that is attributable

(a)to changes in the credit risk of the loan since its origination and

(b)to all other factors. Because Schedule HC-C only provides data on loans held for investment and for sale, the Federal Reserve proposed to add the same data items to Schedule HC-D, Trading Assets and Liabilities, for loans measured at fair value under a fair value option that are designated as held for trading. The Federal Reserve also proposed to add a new data item to Schedule HC-D for Other trading liabilities in recognition of a BHC's ability to elect to measure certain liabilities at fair value in accordance with FAS 159 and designate them as held for trading. The Federal Reserve proposed to add two data items to Schedule HC-N, Past Due and Nonaccrual Loans, Leases, and Other Assets, to collect data on the fair value and unpaid principal balance of loans measured at fair value under a fair value option that are past due or in nonaccrual status. The data items will follow the existing three column breakdown on Schedule HC-N that BHCs utilize to report all other past due and nonaccrual loans. Since trading assets are not currently reported on Schedule HC-N, the Federal Reserve proposed to add similar data items to Schedule HC-D to collect the total fair value and unpaid principal balance of loans ninety days or more past due that are classified as trading. Finally, the Federal Reserve proposed to add data items to Schedule HI, Income Statement, to collect information on:

(1)Net gains (losses) recognized in earnings on assets that are reported at fair value under a fair value option,

(2)estimated net gains (losses) on loans attributable to changes in instrument-specific credit risk,

(3)net gains (losses) recognized in earnings on liabilities that are reported at fair value under a fair value option,

(4)estimated net gains (losses) on liabilities attributable to changes in the instrument-specific credit risk. Two banking organizations and the bankers' organization provided comments on the proposed changes. One banking organization opposed the proposal to collect information on Schedules HC-C and HC-D on the aggregate amount of the difference between the fair value and the unpaid principal balance of loans measured at fair value under a fair value option attributable to

(a)changes in the credit risk of the loan since its origination and

(b)all other factors. The banking organization indicated the proposed information may exist in theory but that BHCs do not have the ability to readily and reliably produce this information. The Federal Reserve reconsidered the proposal and concurs with the commenter's assessment of BHCs' ability to readily and reliably produce this information. As a result, the Federal Reserve will not implement the proposed change. One banking organization opposed the proposed breakouts on Schedule HC-D of the fair value and the unpaid principal balance of loans measured at fair value under a fair value option by major loan category. The organization indicated that the information was excessive and burdensome to collect for loans designated as trading and will require changes to the BHC's trading systems. The safety and soundness objective for collecting this information is to make comparisons among entities that elect a fair value option for loans and those that do not. This objective cannot be achieved if the information collected on Schedules HC-C and HC-D is not comparable. Since BHCs have considerable experience reporting information by major loan category as required by Schedule HC-C and are only now able to report loans under a fair value option on Schedule HC-D, the Federal Reserve believes it will be less burdensome to adapt the proposed loan breakouts on Schedule HC-D to the current breakouts on Schedule HC-C than to develop a unique format for reporting loans under a fair value option in both Schedules HC-C and HC-D as inferred by the commenter. The Federal Reserve will proceed with the breakouts for loans reported under a fair value option on Schedule HC-D as proposed. The banking organization also questioned whether the Federal Reserve should collect separate data items on Schedule HI for the net gains (losses) recognized in earnings on assets that are reported at fair value under a fair value option and the estimated net gains (losses) on loans attributable to changes in instrument-specific credit risk. Similarly, the commenter questioned whether the Federal Reserve should collect separate data items on Schedule HI for the net gains (losses) recognized in earnings on liabilities that are reported at fair value under a fair value option and the estimated net gains (losses) on liabilities attributable to changes in the instrument-specific credit risk. The commenter suggested clarifying what changes, other than credit risk, will be reported in net gains (losses) on assets and liabilities reported at fair value under a fair value option that will warrant a separate breakout for net gains (losses) on loans and liabilities for instrument-specific credit risk. The content of the proposed data items for Schedule HI are the same as those mandated by the disclosure requirements of paragraphs 19(a), (c)(1), and (d)(1) of FAS 159. However, to reduce burden, the Federal Reserve grouped the requirements of paragraph

(a)into net gains (losses) recognized in earnings on assets that are reported at fair value under a fair value option and net gains (losses) recognized in earnings on liabilities that are reported at fair value under a fair value option rather than requiring separate breakouts for the amount of gains and losses on fair value option data items for each data item on a BHC's balance sheet as required by paragraph 19(a). Thus, the rationale for collecting the separate breakouts on Schedule HI is the same as FAS 159, to facilitate comparisons between BHCs that adopt the fair value option and those that do not. The Federal Reserve will proceed with the breakouts on Schedule HI as proposed. The bankers' organization recommended a six-month delay in the effective date of the proposal to collect information on Schedule HC-N on the fair value and unpaid principal balance of loans measured at fair value under a fair value option that are past due or in nonaccrual status and Schedule HC-D on the total fair value and unpaid principal balance of loans ninety days or more past due. The commenter indicated the delay would give BHCs sufficient time to make changes to their systems to capture this information. The Federal Reserve agrees that a delay is advisable and will delay the implementation date of the proposed Schedule HC-N and HC-D data items to the June 30, 2008, report date. However, BHCs have the option of submitting this information effective for the March 31, 2008, report date, if the information is available. 3. Other Revisions to Information on Trading Assets and Liabilities The Federal Reserve proposed three revisions to Schedule HC-D to enhance the Federal Reserve's ability to assess BHC exposures to market, liquidity, credit, operational, and other risks posed by trading assets and liabilities and to appropriately assess the safety and soundness of BHCs with these exposures and BHCs with significant concentrations in trading assets and liabilities. First, the Federal Reserve proposed to eliminate the single data item for trading assets in foreign offices and revise the schedule to include separate columns for the consolidated bank holding company and for domestic offices. Second, the Federal Reserve proposed to change the reporting threshold for Schedule HC-D. As proposed, Schedule HC-D will be completed for any quarter when the quarterly average for trading assets in Schedule HC-K, data item 4.a, was $2 million or more in any of the four preceding quarters. Third, the Federal Reserve proposed to require BHCs with average trading assets of $1 billion or more in any of the four preceding quarters to provide additional detail on trading assets and liabilities currently included in certain trading asset and liability categories. These BHCs will provide additional breakouts for asset-backed securities by major category, collateralized debt obligations (both synthetic and non-synthetic), retained interests in securitizations, equity securities (both with and without readily determinable fair values), and loans held pending securitization. In addition, these BHCs will be required to provide a description of and report the fair value of any type of trading asset or liability in the Other trading assets and Other trading liabilities categories that is greater than $25,000 and exceeds 25 percent of the amount reported in that trading category. One banking organization requested the Federal Reserve reconsider the proposed expansion of information for BHCs with average trading assets of $1 billion or more due to current systems limitations. The Federal Reserve assessed the systems challenges resulting from other regulatory initiatives at banking organizations with trading assets of $1 billion or more and determined a delay in the implementation date for these changes is reasonable. The Federal Reserve will delay the implementation date of the proposed expanded information on Schedule HC-D data items to the June 30, 2008, report date. However, BHCs will be allowed the option of submitting this information effective for the March 31, 2008 report date, if the information is available. Reporting Credit Derivative Data for Risk-Based Capital Purposes The Federal Reserve proposed to modify the FR Y-9C instructions for Schedule HC-R to allow the reporting of the credit equivalent amount of credit derivatives subject to the counterparty credit risk charge in data item 54 of the schedule and to extend the existing 100 percent risk weight column in Schedule HC-R to data item 54, Derivative contracts. The Federal Reserve did not receive comments on the proposed changes for credit derivatives in Schedule HC-R. However, upon further consideration of the reporting of such derivatives in Schedule HC-R, data item 54, the Federal Reserve concluded that extending the 100 percent risk weight column to this data item is not necessary. The instructions will indicate that credit derivatives entered into for trading purposes and subject to the market risk capital guidelines should be reported in data item 54. Revision of Reporting Threshold for Other Noninterest Income and Other Noninterest Expense The Federal Reserve proposed to change the threshold for reporting detailed information on the components of other noninterest income and other noninterest expense as reported on Schedule HI, Memoranda items 6 and 7. Specifically, the Federal Reserve proposed to change the threshold to require BHCs to separately disclose the description and amount of any data item included in Schedule HI, data item 5.l, Other noninterest income that exceeds 3 percent of other noninterest income and any data item included in Schedule HI, data item 7.d, Other noninterest expense that exceeds 3 percent of other noninterest expense. In addition, the Federal Reserve proposed to add one preprinted caption for other noninterest income and four preprinted captions for other noninterest expense to help BHCs comply with the disclosure requirements. As with the existing preprinted captions for other noninterest income and other noninterest expense, BHCs are only required to use these descriptions and provide the amounts for these components when the amounts included in other noninterest income or other noninterest expense exceed the reporting threshold. The new preprinted other noninterest income caption is bank card/credit card interchange fees. The new preprinted noninterest expense captions are accounting and auditing expenses, consulting and advisory expenses, automated teller machine

(ATM)and interchange expenses, and telecommunication expenses. Two banking organizations and the government agency provided comments on comparable changes proposed to the Call Report. The agency supported the additional preprinted captions. One banking organization indicated the application of the new thresholds to the smaller base of other noninterest income or expense would result in their bank reporting amounts as small as $1,000 in the other noninterest income disclosures and $7,500 in the other noninterest expense disclosures. The commenter recommended establishing a $50,000 floor to the reporting threshold to eliminate the reporting of de minimis amounts. The Federal Reserve recognizes the merit of this request and will implement modified thresholds to require BHCs to separately disclose the description and amount of any data item in other noninterest income that is greater than $25,000 and exceeds 3 percent of other noninterest income and any data item included in other noninterest expense that is greater than $25,000 and exceeds 3 percent of other noninterest expense. The $25,000 amount is consistent with the threshold floors used on the Call Report for All other assets in Schedule RC-F, Other Assets, and All other liabilities in Schedule RC-G, Other Liabilities. Another banking organization also commented on these comparable changes to the Call Report that they would have difficulty breaking out expenses incurred for multiple services provided by a third party vendor where separate charges for specific services would be burdensome to identify. The commenter also suggested that a definition of telecommunications expenses be provided. To reduce reporting burden, the Federal Reserve will modify the instructions for Schedule HI, Memoranda item 7, Other noninterest expense, to indicate that BHCs should report expenses that reflect a single charge for grouped or “bundled” services in the data item that most closely describes the predominant type of expense incurred, and that this categorization should be used consistently over time. Regarding the definition of telecommunications expenses, BHCs should include any expenses associated with telephone, cable, and internet services (including web page maintenance). 2. *Report title:* Financial Statements for Nonbank Subsidiaries of U.S. Bank Holding Companies. *Agency form number:* FR Y-11 and FR Y-11S. *OMB control number:* 7100-0244. *Frequency:* Quarterly and annually. *Reporters:* Bank holding companies (BHCs). *Annual reporting hours:* FR Y-11 (quarterly): 10,752; FR Y-11 (annual): 1,402; FR Y-11S (annual): 471. *Estimated average hours per response:* FR Y-11 (quarterly): 6.40; FR Y-11 (annual): 6.40; FR Y-11S (annual): 1.0. *Number of respondents:* FR Y-11 (quarterly): 420; FR Y-11 (annual): 219; FR Y-11S (annual): 471. *General description of report:* This information collection is mandatory (12 U.S.C. §§ 1844(c)). Confidential treatment is not routinely given to the data in these reports. However, confidential treatment for the reporting information, in whole or in part, can be requested in accordance with the instructions to the form, pursuant to sections (b)(4), (b)(6) and (b)(8) of the Freedom of Information Act [5 U.S.C. 522(b)(4), (b)(6) and (b)(8)]. *Abstract:* The FR Y-11 reports collect financial information for individual non-functionally regulated U.S. nonbank subsidiaries of domestic BHCs. BHCs file the FR Y-11 on a quarterly or annual basis according to filing criteria or file the FR Y-11S annually. The FR Y-11 data are used with other BHC data to assess the condition of BHCs that are heavily engaged in nonbanking activities and to monitor the volume, nature, and condition of their nonbanking operations. *Current Actions:* On November 9, 2007, the Federal Reserve published a notice in the **Federal Register** (72 FR 63580) requesting public comment for sixty days on the extension, with revision, of the Financial Statements for Nonbank Subsidiaries of U.S. Bank Holding Companies. The comment period expired on January 8, 2008. The Federal Reserve did not receive any comment letters. The Federal Reserve will eliminate reporting by subsidiaries that were created for the purposes of issuing trust preferred securities (trust preferred securities subsidiaries) to substantially reduce burden on the industry and, in this regard, make the report consistent with the revision to the other nonbank subsidiary reports, the Financial and Abbreviated Financial Statements of Foreign Subsidiaries of U.S. Banking Organizations (FR 2314/S; OMB No. 7100-0073) and the Financial and Abbreviated Financial Statements of U.S. Nonbank Subsidiaries Held by Foreign Banking Organizations (FR Y-7N/NS; OMB No. 7100-0125). The Federal Reserve will collect:

(1)Certain data on the FR Y-11 from all institutions that choose, under generally accepted accounting principles, to apply a fair value option to one or more financial instruments and one or more classes of servicing assets and liabilities and

(2)a new data item on the income statement to collect fees and commissions from annuity sales. On the FR Y-11S, the Federal Reserve will add a question to determine whether the subsidiary has adopted a fair value option. Lastly, the Federal Reserve will add clarifying language to the instructions for the reporting of trading revenue and noninterest income from related organizations. All reporting changes will be implemented effective with the March 31, 2008, report date. 3. *Report title:* Financial Statements of Foreign Subsidiaries of U.S. Banking Organizations. *Agency form number:* FR 2314 and FR 2314S. *OMB control number:* 7100-0073. *Frequency:* Quarterly and annually. *Reporters:* Foreign subsidiaries of U.S. state member banks (SMBs), bank holding companies (BHCs), and Edge or agreement corporations. *Annual reporting hours:* FR 2314 (quarterly): 5,581; FR 2314 (annual): 1,075; FR 2314S (annual): 272. *Estimated average hours per response:* FR 2314 (quarterly): 6.40; FR 2314 (annual): 6.40; FR 2314S (annual): 1.0. *Number of respondents:* FR 2314 (quarterly): 218; FR 2314 (annual): 168; FR 2314S (annual): 272. *General description of report:* This information collection is mandatory (12 U.S.C. 324, 602, 625, and 1844(c)). Confidential treatment is not routinely given to the data in these reports. However, confidential treatment for the reporting information, in whole or in part, can be requested in accordance with the instructions to the form, pursuant to sections (b)(4), (b)(6) and (b)(8) of the Freedom of Information Act [5 U.S.C. 522(b)(4), (b)(6) and (b)(8)]. *Abstract:* The FR 2314 reports collect financial information for non-functionally regulated direct or indirect foreign subsidiaries of U.S. SMBs, Edge and agreement corporations, and BHCs. Parent organizations (SMBs, Edge and agreement corporations, or BHCs) file the FR 2314 on a quarterly or annual basis according to filing criteria or file the FR 2314S annually. The FR 2314 data are used to identify current and potential problems at the foreign subsidiaries of U.S. parent companies, to monitor the activities of U.S. banking organizations in specific countries, and to develop a better understanding of activities within the industry, in general, and of individual institutions, in particular. *Current actions:* On November 9, 2007, the Federal Reserve published a notice in the **Federal Register** (72 FR 63580) requesting public comment for sixty days on the extension, with revision, of the Financial Statements of Foreign Subsidiaries of U.S. Banking Organizations. The comment period expired on January 8, 2008. The Federal Reserve did not receive any comment letters. The Federal Reserve will eliminate reporting by subsidiaries that were created for the purposes of issuing trust preferred securities (trust preferred securities subsidiaries) to substantially reduce burden on the industry and, in this regard, make the report consistent with the revision to the other nonbank subsidiary reports, the Financial and Abbreviated Financial Statements of U.S. Nonbank Subsidiaries of U.S. Bank Holding Companies (FR Y-11/S; OMB No. 7100-0244) and the Financial and Abbreviated Financial Statements of U.S. Nonbank Subsidiaries Held by Foreign Banking Organizations (FR Y-7N/NS; OMB No. 7100-0125). The Federal Reserve will collect:

(1)Certain data on the FR 2314 from all institutions that choose, under generally accepted accounting principles, to apply a fair value option to one or more financial instruments and one or more classes of servicing assets and liabilities and

(2)a new data item on the income statement to collect fees and commissions from annuity sales. On the FR 2314S, the Federal Reserve will add a question to determine whether the subsidiary has adopted a fair value option. Lastly, the Federal Reserve will add clarifying language to the instructions for the reporting of trading revenue and noninterest income from related organizations. All reporting changes will be implemented effective with the March 31, 2008, report date. 4. *Report title:* Financial Reports of Foreign Banking Organizations. *Agency form number:* FR Y-7N and FR Y-7NS. *OMB control number:* 7100-0125. *Frequency:* Quarterly and annually. *Reporters:* Foreign banking organizations (FBOs). *Annual reporting hours:* FR Y-7N (quarterly): 4,889; FR Y-7N (annual): 1,065; FR Y-7NS: 229. *Estimated average hours per response:* FR Y-7N (quarterly): 6.3; FR Y-7N (annual): 6.3; FR Y-7NS. *Number of respondents:* FR Y-7N (quarterly): 194; FR Y-7N (annual): 169; FR Y-7NS: 229. *General description of report:* This information collection is mandatory (12 U.S.C. 1844(c), 3106(c), and 3108). Confidential treatment is not routinely given to the data in these reports. However, confidential treatment for information, in whole or in part, on any of the reporting forms can be requested in accordance with the instructions to the form, pursuant to sections (b)(4) and (b)(6) of the Freedom of Information Act [5 U.S.C. 522(b)(4) and (b)(6)]. *Abstract:* The FR Y-7N and FR Y-7NS collect financial information for non-functionally regulated U.S. nonbank subsidiaries held by FBOs other than through a U.S. bank holding company, U.S. financial holding company, or U.S. bank. FBOs file the FR Y-7N on a quarterly or annual basis or the FR Y-7NS annually based on size thresholds. *Current actions:* On November 9, 2007, the Federal Reserve published a notice in the **Federal Register** (72 FR 63580) requesting public comment for sixty days on the extension, with revision, of the Financial Reports of Foreign Banking Organizations. The comment period expired on January 8, 2008. The Federal Reserve did not receive any comment letters. The Federal Reserve will eliminate reporting by subsidiaries that were created for the purposes of issuing trust preferred securities (trust preferred securities subsidiaries) on the FR Y-7N/NS to substantially reduce burden on the industry and, in this regard, make the report consistent with the revision to the other nonbank subsidiary reports, the Financial and Abbreviated Financial Statements of U.S. Nonbank Subsidiaries of U.S. Bank Holding Companies (FR Y-11/S; OMB No. 7100-0244) and the Financial and Abbreviated Financial Statements of Foreign Subsidiaries of U.S. Banking Organizations (FR 2314/S; OMB No. 7100-0073). On the FR Y-7N, the Federal Reserve will collect:

(1)Certain data from all institutions that choose, under general accounting principles, to apply a fair value option to one or more financial instruments and one or more classes of servicing assets and liabilities and

(2)a new data item on the income statement to collect fees and commissions from annuity sales. On the FR Y-7NS, the Federal Reserve will add a question to determine whether the nonbank subsidiary has adopted a fair value option. The Federal Reserve will make the following changes to make the FR Y-7N consistent with changes made previously to other nonbank subsidiary reports:

(1)Add one new equity capital component on the balance sheet for reporting partnership interests and

(2)add a new section, Notes to the Financial Statements. The Federal Reserve will also add clarifying language to the instructions for the reporting of trading revenue and noninterest income from related organizations. All reporting changes will be implemented effective with the March 31, 2008, report date. 5. *Report title:* Consolidated Report of Condition and Income for Edge and Agreement Corporations. *Agency form number:* FR 2886b. *OMB control number:* 7100-0086. *Frequency:* Quarterly. *Reporters:* Edge and agreement corporations. *Annual reporting hours:* 2,442. *Estimated average hours per response:* 14.85 banking corporations, 8.65 investment corporations. *Number of respondents:* 12 banking corporations, 50 investment corporations. *General description of report:* This information collection is mandatory (12 U.S.C. 602 and 625). Schedules RC-M (except data item 3) and RC-V are held as confidential pursuant to section (b)(4) of the Freedom of Information Act (5 U.S.C. 552(b)(4)). *Abstract:* The mandatory FR 2886b comprises a balance sheet, income statement, two schedules reconciling changes in capital and reserve accounts, and ten supporting schedules, and it parallels the Consolidated Reports of Condition and Income (Call Report) (FFIEC 031 and FFIEC 041; OMB No. 7100-0036) that commercial banks file. The Federal Reserve uses the data collected on the FR 2886b to supervise Edge corporations, identify present and potential problems, and monitor and develop a better understanding of activities within the industry. *Current actions:* On November 9, 2007, the Federal Reserve published a notice in the **Federal Register** (72 FR 63580) requesting public comment for sixty days on the extension, with revision, of the Consolidated Report of Condition and Income for Edge and Agreement Corporations. The comment period expired on January 8, 2008. The Federal Reserve did not receive any comment letters. The Federal Reserve will collect certain data from all organizations that choose, under generally accepted accounting principles, to apply a fair value option to one or more financial instruments and one or more classes of servicing assets and liabilities. The Federal Reserve will revise the instructions for information collected on restructured loans and leases consistent with proposed changes to the Call Report. All reporting changes will be implemented effective with the March 31, 2008, report date. *Final approval under OMB delegated authority of the extension for three years, without revision, of the following reports:* 1. *Report title:* Financial Statements for Bank Holding Companies. *Agency form number:* FR Y-9ES and FR Y-9CS. *OMB control number:* 7100-0128. *Frequency:* Quarterly and annually. *Reporters:* Bank holding companies (BHCs). *Annual reporting hours:* FR Y-9ES: 48; FR Y-9CS: 400. *Estimated average hours per response:* FR Y-9ES: 30 minutes; FR Y-9CS: 30 minutes. *Number of respondents:* FR Y-9ES: 96; FR Y-9CS: 200. *General description of report:* This information collection is mandatory (12 U.S.C. 1844(c)). Confidential treatment is not routinely given to the data in these reports. However, confidential treatment for the reporting information, in whole or in part, can be requested in accordance with the instructions to the form, pursuant to sections (b)(4), (b)(6)and (b)(8) of the Freedom of Information Act (5 U.S.C. 522(b)(4), (b)(6) and (b)(8)). *Abstract:* The FR Y-9ES collects financial information from employee stock ownership plans that are also BHCs on their benefit plan activities. It consists of four schedules: Statement of Changes in Net Assets Available for Benefits, Statement of Net Assets Available for Benefits, Memoranda, and Notes to the Financial Statements. The FR Y-9CS is a supplemental report that may be utilized to collect additional information deemed to be critical and needed in an expedited manner from BHCs. The items of information included on the supplement may change as needed. *Current actions:* On November 9, 2007, the Federal Reserve published a notice in the **Federal Register** (72 FR 63580) requesting public comment for sixty days on the extension, without revision, of the FR Y-9ES and FR Y-9CS. The comment period expired on January 8, 2008. The Federal Reserve did not receive any comment letters. 2. *Report title:* Financial Reports of Foreign Banking Organizations. *Agency form number:* FR Y-7Q. *OMB control number:* 7100-0125. *Frequency:* Quarterly and annually. *Reporters:* Foreign banking organizations (FBOs). *Annual reporting hours:* FR Y-7Q (quarterly): 325; FR Y-7Q (annual): 118. *Estimated average hours per response:* FR Y-7Q (quarterly): 1.25; FR Y-7Q (annual): 1.0. *Number of respondents:* FR Y-7Q (quarterly): 65; FR Y-7Q (annual): 118. *General description of report:* This information collection is mandatory (12 U.S.C. 1844(c), 3106(c), and 3108). Confidential treatment is not routinely given to the data in these reports. However, confidential treatment for information, in whole or in part, on any of the reporting forms can be requested in accordance with the instructions to the form, pursuant to sections (b)(4) and (b)(6) of the Freedom of Information Act [5 U.S.C. §§ 522(b)(4) and (b)(6)]. *Abstract:* The FR Y-7Q collects consolidated regulatory capital information from all FBOs either quarterly or annually. FBOs that have effectively elected to become financial holding companies

(FHCs)file the FR Y-7Q on a quarterly basis. All other FBOs (those that have not elected to become FHCs) file the FR Y-7Q annually. *Current actions:* On November 9, 2007, the Federal Reserve published a notice in the **Federal Register** (72 FR 63580) requesting public comment for sixty days on the extension, without revision, of the FR Y-7Q. The comment period expired on January 8, 2008. The Federal Reserve did not receive any comment letters. Board of Governors of the Federal Reserve System, February 21, 2008. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E8-3646 Filed 2-26-08; 8:45 am] BILLING CODE 6210-01-P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than March 12, 2008. **A. Federal Reserve Bank of Kansas City** (Todd Offenbacker, Assistant Vice President) 925 Grand Avenue, Kansas City, Missouri 64198-0001: *1. Keela Terry* , Weatherford, Oklahoma; as a member of the Harrel family group, to acquire voting shares of Western Oklahoma Bancshares, Inc., and thereby indirectly acquire voting shares of Bank of Western Oklahoma, both in Elk City, Oklahoma. Board of Governors of the Federal Reserve System, February 21, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-3636 Filed 2-26-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than March 21, 2008. **A. Federal Reserve Bank of Chicago** (Burl Thornton, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. Community State Bank Employee Stock Ownership Plan and Trust* ; to acquire additional voting shares, for a total of 40 percent of the voting shares of Union Bancoporation, Inc., and thereby inidrectly acquire additional voting shares of Community State Bank, all of Union Grove, Wisconsin. **B. Federal Reserve Bank of Dallas** (W. Arthur Tribble, Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272: *1. FBS Financial, Inc.* , Houston, Texas; to become a bank holding company by acquiring 100 percent of the voting shares of Snook Bancshares, Inc., and thereby indirectly acquire voting shares of First Bank of Snook, both of Snook, Texas. Board of Governors of the Federal Reserve System, February 21, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-3635 Filed 2-26-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than March 21, 2008. **A. Federal Reserve Bank of Kansas City** (Todd Offenbacker, Assistant Vice President) 925 Grand Avenue, Kansas City, Missouri 64198-0001: *1. International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers* ; to acquire additional shares, for a total of up to 47.5 percent of Brotherhood Bancshares, Inc., and thereby indirectly acquire voting shares of Brotherhood Bank & Trust Company, all of Kansas City, Kansas. Board of Governors of the Federal Reserve System, February 21, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-3651 Filed 2-26-08; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services Privacy Act of 1974; Deletion of an Existing System of Records AGENCY: Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS). ACTION: Notice to delete an existing CMS system of records (SOR). SUMMARY: In accordance with the requirements of the Privacy Act of 1974, CMS is deleting an existing system of records titled the “Privacy Accountability Database (PAD),” CMS System No. 09-70-0540, established at 67 FR 62482 (October 7, 2002). EFFECTIVE DATE: The deletion will be effective on February 11, 2008. ADDRESSES: The public should address comments to: CMS Privacy Officer, Division of Privacy Compliance, Enterprise Architecture and Strategy Group, Office of Information Services, CMS, Room N2-04-27, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. The telephone number is

(410)786-5357. Comments received will be available for review at this location, by appointment, during regular business hours, Monday through Friday from 9 a.m.-3 p.m., Eastern Time zone. SUPPLEMENTARY INFORMATION: The PAD as a Privacy Act system of records is being deleted because the database that supported this collection is obsolete and is no longer active. CMS will continue to track disclosures and will provide the necessary tracking, reporting, and accounting of disclosures to be in compliance with the Privacy Act of 1974 and the Health Insurance Portability and Accountability Act of 1996. Dated: February 20, 2008. Charlene Frizzera, Chief Operating Officer, Centers for Medicare & Medicaid Services. [FR Doc. 08-873 Filed 2-26-08; 8:45 am]

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