Notices. Scheduling of the final phase of countervailing duty and antidumping investigations

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BILLING CODE 4310-MN-M INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-448 and 731-TA-1117 (Final)] Certain Off-the-Road Tires From China AGENCY: United States International Trade Commission. ACTION: Scheduling of the final phase of countervailing duty and antidumping investigations. SUMMARY: The Commission hereby gives notice of the scheduling of the final phase of countervailing duty investigation No. 701-TA-448 (Final) under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)) (the Act) and the final phase of antidumping investigation No. 731-TA-1117 (Final) under section 735(b) of the Act (19 U.S.C. 1673d(b)) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of subsidized and less-than-fair-value imports from China of certain off-the-road tires, provided for in subheading 4011.20.10, 4011.20.50, 4011.61.00, 4011.62.00, 4011.63.00, 4011.69.00, 4011.92.00, 4011.93.40, 4011.93.80, 4011.94.40, and 4011.94.80 of the Harmonized Tariff Schedule of the United States. 1 1 For purposes of these investigations, the Department of Commerce has defined the subject merchandise as new pneumatic tires designed for off-the-road (“OTR”) and off-highway use, subject to exceptions identified in Commerce's Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination (73 FR 9278, February 20, 2008).

Certain OTR tires are generally designed, manufactured and offered for sale for use on off-road or off-highway surfaces, including but not limited to, agricultural fields, forests, construction sites, factory and warehouse interiors, airport tarmacs, ports and harbors, mines, quarries, gravel yards, and steel mills. The vehicles and equipment for which certain OTR tires are designed are used in hauling, towing, lifting, and/or loading a wide variety of equipment and materials in agricultural, construction and industrial settings.

For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). EFFECTIVE DATE: February 20, 2008. FOR FURTHER INFORMATION CONTACT: Elizabeth Haines (202-205-3200), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436.

Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). The public record for these investigations may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov.* SUPPLEMENTARY INFORMATION: *Background* .—The final phase of these investigations is being scheduled as a result of affirmative preliminary determinations by the Department of Commerce that certain benefits which constitute subsidies within the meaning of section 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in China of certain off-the-road tires, and that such products are being sold in the United States at less than fair value within the meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations were requested in a petition filed on June 18, 2007, by Titan Tire Corporation (Des Moines, IA) and The United Steelworkers (Pittsburgh, PA) *Participation in the investigations and public service list.* —Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission's rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. *Limited disclosure of business proprietary information

(BPI)under an administrative protective order

(APO)and BPI service list.* —Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. *Staff report.* —The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on June 18, 2008, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission's rules. *Hearing.* —The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on July 2, 2008, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before June 25, 2008. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on June 30, 2008, at the U.S. International Trade Commission Building. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties must submit any request to present a portion of their hearing testimony *in camera* no later than 7 business days prior to the date of the hearing. *Written submissions.* —Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.23 of the Commission's rules; the deadline for filing is June 25, 2008. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission's rules, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission's rules. The deadline for filing posthearing briefs is July 10, 2008; witness testimony must be filed no later than three days before the hearing. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before July 10, 2008. On July 31, 2008, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before August 4, 2008, but such final comments must not contain new factual information and must otherwise comply with section 207.30 of the Commission's rules. All written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II

(C)of the Commission's Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission's rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission's rules. By order of the Commission. Issued: February 27, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-3991 Filed 2-29-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-602] In the Matter of Certain GPS Devices and Products Containing Same; Notice of Commission Determination Not To Review an Initial Determination Granting Complainant's Motion To Amend the Complaint and Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) (Order No. 16) issued by the presiding administrative law judge (“ALJ”) granting complainant's motion to amend the complaint and notice of investigation. FOR FURTHER INFORMATION CONTACT: Michelle Walters, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone

(202)708-5468. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone

(202)205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *http://www.usitc.gov.* The public record for this investigation may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov.* Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on

(202)205-1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on May 7, 2007, based on a complaint filed by Global Locate, Inc. (“Global Locate”). 72 FR 25777 (May 7, 2007). The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain GPS devices and products containing the same by reason of infringement of claims 1 and 17 of United States Patent No. 6,417,801 (“the ‘801 patent”); claims 1, 3-5, 8-17, 19-21, and 23 of United States Patent No. 6,606,346 (“the ‘346 patent”); and various other claims of United States Patent Nos. 6,651,000, 6,704,651, 6,937,187, and 7,158,080. The complaint names five respondents: SiRF Technology, Inc.; Pharos Science & Applications, Inc.; MiTAC International Corp.; Mio Technology Ltd., USA; and E-TEN Information Systems Co., Ltd. (collectively, “respondents”). On December 17, 2007, Global Locate moved to amend the complaint and notice of investigation by terminating the investigation with regard to claims 1, 3, 8, 9, 10, and 23 of the ‘346 patent and by adding claims 2, 6, 11, 14, 18, and 19 of the ‘801 patent. Global Locate also sought to add Broadcom Corporation (“Broadcom”) as a complainant, because Broadcom recently acquired Global Locate. Respondents did not oppose termination of the investigation as to the claims of the ‘346 patent, but did oppose the addition of the claims of the ‘801 patent and the addition of Broadcom to the investigation. The Commission investigative attorney supported Global Locate's motion. On February 5, 2008, the ALJ granted Global Locate's motion, finding that, pursuant to Commission Rule 210.14(b)(1) (19 CFR **210.14(b)(1)), there was good cause to amend the complaint and notice of investigation. No petitions for review of this ID were filed. The Commission has determined not to review the ID. The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.42 of the Commission's Rules of Practice and Procedure (19 CFR 210.42). By order of the Commission. Issued: February 25, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-3979 Filed 2-29-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-610] In the Matter of Certain Endodontic Instruments; Notice of Commission Determination Not To Review Initial Determination Granting Complainant's Motion To Terminate the Investigation Based on Withdrawal of the Complaint AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the initial determination (“ID”) (Order No. 12) of the presiding administrative law judge (“ALJ”) granting complainant's motion to terminate the investigation based on withdrawal of the complaint in the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”). FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone

(202)205-3065. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone

(202)205-2000. General information concerning the Commission may also be obtained by accessing its Internet server *(http://www.usitc.gov)* . The public record for this investigation may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov.* Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on

(202)205-1810. SUPPLEMENTARY INFORMATION: On July 6, 2007, the Commission instituted the above-captioned investigation based upon a complaint filed June 5, 2007, and supplemented June 22, 2007, on behalf of Dentsply International Inc. (York, Pennsylvania) (“Dentsply”). 72 FR 37051 (July 6, 2007). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain endodontic instruments by reason of infringement of claims 1, 2, 3, and 5 of U.S. Patent Nos. 5,628,674 and claim 2 of U.S. Patent No. 6,206,695. The complaint named as respondents Guidance Endodontics, LLC (Albuquerque, New Mexico) (“Guidance”) and Micro Mega International Manufactures (Besancon cedex, France) (“Micro Mega”). On January 25, 2008, Dentsply filed a motion to terminate the investigation based on withdrawal of the complaint. The motion stated that Micro Mega does not oppose the motion. On February 4, 2008, Guidance stated that it did not oppose the motion. On February 6, 2008, the Commission investigative attorney filed a response in support of the motion. On February 6, 2008, the ALJ issued the subject ID (Order No. 12) granting complainant's motion to terminate the investigation based on withdrawal of the complaint, pursuant to Commission Rule 210.21(a)(1). No petitions for review of the ID were filed. The Commission has determined not to review the subject ID. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and sections 210.41(a) and 210.42(h)(3), of the Commission's Rules of Practice and Procedure (19 CFR 210.41(a), 210.42(h)(3)). By order of the Commission. Issued: February 25, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-3976 Filed 2-29-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-448 and 731-TA-1117 (Final)] Certain Off-The-Road Tires From China AGENCY: United States International Trade Commission. ACTION: Scheduling of the final phase of countervailing duty and antidumping investigations. SUMMARY: The Commission hereby gives notice of the scheduling of the final phase of countervailing duty investigation No. 701-TA-448 (Final) under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)) (the Act) and the final phase of antidumping investigation No. 731-TA-1117 (Final) under section 735(b) of the Act (19 U.S.C. 1673d(b)) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of subsidized and less-than-fair-value imports from China of certain off-the-road tires, provided for in subheading 4011.20.10, 4011.20.50, 4011.61.00, 4011.62.00, 4011.63.00, 4011.69.00, 4011.92.00, 4011.93.40, 4011.93.80, 4011.94.40, and 4011.94.80 of the Harmonized Tariff Schedule of the United States. 1 1 For purposes of these investigations, the Department of Commerce has defined the subject merchandise as new pneumatic tires designed for off-the-road (“OTR”) and off-highway use, subject to exceptions identified in Commerce's Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination (73 FR 9278, February 20, 2008). Certain OTR tires are generally designed, manufactured and offered for sale for use on off-road or off-highway surfaces, including but not limited to, agricultural fields, forests, construction sites, factory and warehouse interiors, airport tarmacs, ports and harbors, mines, quarries, gravel yards, and steel mills. The vehicles and equipment for which certain OTR tires are designed are used in hauling, towing, lifting, and/or loading a wide variety of equipment and materials in agricultural, construction and industrial settings. For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). EFFECTIVE DATE: February 20, 2008. FOR FURTHER INFORMATION CONTACT: Elizabeth Haines (202-205-3200), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server ( *http://www.usitc.gov* ). The public record for these investigations may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov* . SUPPLEMENTARY INFORMATION: *Background* .—The final phase of these investigations is being scheduled as a result of affirmative preliminary determinations by the Department of Commerce that certain benefits which constitute subsidies within the meaning of section 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in China of certain off-the-road tires, and that such products are being sold in the United States at less than fair value within the meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations were requested in a petition filed on June 18, 2007, by Titan Tire Corporation (Des Moines, IA) and The United Steelworkers (Pittsburgh, PA). *Participation in the investigations and public service list* .—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission's rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. *Limited disclosure of business proprietary information

(BPI)under an administrative protective order

(APO)and BPI service list* .—Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. *Staff report* .—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on June 18, 2008, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission's rules. *Hearing* .—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on July 2, 2008, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before June 25, 2008. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on June 30, 2008, at the U.S. International Trade Commission Building. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties must submit any request to present a portion of their hearing testimony *in camera* no later than 7 business days prior to the date of the hearing. *Written submissions* .—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.23 of the Commission's rules; the deadline for filing is June 25, 2008. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission's rules, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission's rules. The deadline for filing posthearing briefs is July 10, 2008; witness testimony must be filed no later than three days before the hearing. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before July 10, 2008. On July 31, 2008, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before August 4, 2008, but such final comments must not contain new factual information and must otherwise comply with section 207.30 of the Commission's rules. All written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II

(C)of the Commission's Handbook on Electronic Filing Procedures, 67 Fed. Reg. 68168, 68173 (November 8, 2002). Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission's rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission's rules. By order of the Commission. Issued: February 27, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-3977 Filed 2-29-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-990 (Review)] Non-Malleable Cast Iron Pipe Fittings From China AGENCY: United States International Trade Commission. ACTION: Institution of a five-year review concerning the antidumping duty order on non-malleable cast iron pipe fittings from China. SUMMARY: The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty order on non-malleable cast iron pipe fittings from China would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; 1 to be assured of consideration, the deadline for responses is April 22, 2008. Comments on the adequacy of responses may be filed with the Commission by May 16, 2008. For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). 1 No response to this request for information is required if a currently valid Office of Management and Budget

(OMB)number is not displayed; the OMB number is 3117-0016/USITC No. 08-5-180, expiration date June 30, 2008. Public reporting burden for the request is estimated to average 10 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. EFFECTIVE DATE: March 3, 2008. FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). The public record for this review may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov.* SUPPLEMENTARY INFORMATION: *Background.* —On April 7, 2003, the Department of Commerce issued an antidumping duty order on imports of non-malleable cast iron pipe fittings from China (68 FR 16765). The Commission is conducting a review to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. It will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct a full review or an expedited review. The Commission's determination in any expedited review will be based on the facts available, which may include information provided in response to this notice. *Definitions.* —The following definitions apply to this review:

(1)*Subject Merchandise* is the class or kind of merchandise that is within the scope of the five-year review, as defined by the Department of Commerce.

(2)The *Subject Country* in this review is China.

(3)The *Domestic Like Product* is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the *Subject Merchandise* . In its original determination, the Commission determined that there was a single *Domestic Like Product* consisting of non-malleable and ductile cast iron pipe fittings corresponding to Commerce's scope.

(4)The *Domestic Industry* is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original determination, the Commission defined the *Domestic Industry* to consist of all domestic producers of non-malleable and ductile cast iron pipe fittings corresponding to Commerce's scope.

(5)The *Order Date* is the date that the antidumping duty order under review became effective. In this review, the *Order Date* is April 7, 2003.

(6)An *Importer* is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the *Subject Merchandise* into the United States from a foreign manufacturer or through its selling agent. *Participation in the review and public service list.* —Persons, including industrial users of the *Subject Merchandise* and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the review as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission's rules, no later than 21 days after publication of this notice in the **Federal Register** . The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the review. Former Commission employees who are seeking to appear in Commission five-year reviews are reminded that they are required, pursuant to 19 CFR 201.15, to seek Commission approval if the matter in which they are seeking to appear was pending in any manner or form during their Commission employment. The Commission's designated agency ethics official has advised that a five-year review is the “same particular matter” as the underlying original investigation for purposes of 19 CFR 201.15 and 18 U.S.C. 207, the post employment statute for Federal employees. Former employees may seek informal advice from Commission ethics officials with respect to this and the related issue of whether the employee's participation was “personal and substantial.” However, any informal consultation will not relieve former employees of the obligation to seek approval to appear from the Commission under its rule 201.15. For ethics advice, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 202-205-3088. *Limited disclosure of business proprietary information

(BPI)under an administrative protective order

(APO)and APO service list.* —Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI submitted in this review available to authorized applicants under the APO issued in the review, provided that the application is made no later than 21 days after publication of this notice in the **Federal Register** . Authorized applicants must represent interested parties, as defined in 19 U.S.C. 1677(9), who are parties to the review. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. *Certification.* —Pursuant to section 207.3 of the Commission's rules, any person submitting information to the Commission in connection with this review must certify that the information is accurate and complete to the best of the submitter's knowledge. In making the certification, the submitter will be deemed to consent, unless otherwise specified, for the Commission, its employees, and contract personnel to use the information provided in any other reviews or investigations of the same or comparable products which the Commission conducts under Title VII of the Act, or in internal audits and investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix 3. *Written submissions.* —Pursuant to section 207.61 of the Commission's rules, each interested party response to this notice must provide the information specified below. The deadline for filing such responses is April 22, 2008. Pursuant to section 207.62(b) of the Commission's rules, eligible parties (as specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of responses to the notice of institution and whether the Commission should conduct an expedited or full review. The deadline for filing such comments is May 16, 2008. All written submissions must conform with the provisions of sections 201.8 and 207.3 of the Commission's rules and any submissions that contain BPI must also conform with the requirements of sections 201.6 and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Also, in accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or APO service list as appropriate), and a certificate of service must accompany the document (if you are not a party to the review you do not need to serve your response). *Inability to provide requested information.* —Pursuant to section 207.61(c) of the Commission's rules, any interested party that cannot furnish the information requested by this notice in the requested form and manner shall notify the Commission at the earliest possible time, provide a full explanation of why it cannot provide the requested information, and indicate alternative forms in which it can provide equivalent information. If an interested party does not provide this notification (or the Commission finds the explanation provided in the notification inadequate) and fails to provide a complete response to this notice, the Commission may take an adverse inference against the party pursuant to section 776(b) of the Act in making its determination in the review. *Information To Be Provided In Response To This Notice of Institution* : As used below, the term “firm” includes any related firms.

(1)The name and address of your firm or entity (including World Wide Web address if available) and name, telephone number, fax number, and E-mail address of the certifying official.

(2)A statement indicating whether your firm/entity is a U.S. producer of the *Domestic Like Product* , a U.S. union or worker group, a U.S. importer of the *Subject Merchandise* , a foreign producer or exporter of the *Subject Merchandise* , a U.S. or foreign trade or business association, or another interested party (including an explanation). If you are a union/worker group or trade/business association, identify the firms in which your workers are employed or which are members of your association.

(3)A statement indicating whether your firm/entity is willing to participate in this review by providing information requested by the Commission.

(4)A statement of the likely effects of the revocation of the antidumping duty order on the *Domestic Industry* in general and/or your firm/entity specifically. In your response, please discuss the various factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of subject imports, likely price effects of subject imports, and likely impact of imports of *Subject Merchandise* on the *Domestic Industry* .

(5)A list of all known and currently operating U.S. producers of the *Domestic Like Product* . Identify any known related parties and the nature of the relationship as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).

(6)A list of all known and currently operating U.S. importers of the *Subject Merchandise* and producers of the *Subject Merchandise* in the *Subject Country* that currently export or have exported *Subject Merchandise* to the United States or other countries since the *Order Date* .

(7)If you are a U.S. producer of the *Domestic Like Product* , provide the following information on your firm's operations on that product during calendar year 2007 (report quantity data in short tons and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/which are members of your association.

(a)Production (quantity) and, if known, an estimate of the percentage of total U.S. production of the *Domestic Like Product* accounted for by your firm's(s') production;

(b)the quantity and value of U.S. commercial shipments of the *Domestic Like Product* produced in your U.S. plant(s); and

(c)the quantity and value of U.S. internal consumption/company transfers of the *Domestic Like Product* produced in your U.S. plant(s).

(8)If you are a U.S. importer or a trade/business association of U.S. importers of the *Subject Merchandise* from the *Subject Country,* provide the following information on your firm's(s') operations on that product during calendar year 2007 (report quantity data in short tons and value data in U.S. dollars). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association.

(a)The quantity and value (landed, duty-paid but not including antidumping duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of *Subject Merchandise* from the *Subject Country* accounted for by your firm's(s') imports;

(b)the quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. commercial shipments of *Subject Merchandise* imported from the *Subject Country;* and

(c)the quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. internal consumption/company transfers of *Subject Merchandise* imported from the *Subject Country.*

(9)If you are a producer, an exporter, or a trade/business association of producers or exporters of the *Subject Merchandise* in the *Subject Country,* provide the following information on your firm's(s') operations on that product during calendar year 2007 (report quantity data in short tons and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association.

(a)Production (quantity) and, if known, an estimate of the percentage of total production of *Subject Merchandise* in the *Subject Country* accounted for by your firm's(s') production; and

(b)the quantity and value of your firm's(s') exports to the United States of *Subject Merchandise* and, if known, an estimate of the percentage of total exports to the United States of *Subject Merchandise* from the *Subject Country* accounted for by your firm's(s') exports.

(10)Identify significant changes, if any, in the supply and demand conditions or business cycle for the *Domestic Like Product* that have occurred in the United States or in the market for the *Subject Merchandise* in the *Subject Country* since the *Order Date,* and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the *Domestic Like Product* produced in the United States, *Subject Merchandise* produced in the *Subject Country,* and such merchandise from other countries.

(11)(OPTIONAL) A statement of whether you agree with the above definitions of the *Domestic Like Product* and *Domestic Industry;* if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission's rules. By order of the Commission. Issued: February 26, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-3973 Filed 2-29-08; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Drug Enforcement Administration [OMB Number 1117-0010] Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 60-Day Notice of Information Collection Under Review—U.S. Official Order Forms for Schedule I and II Controlled Substances (Accountable Forms), Order Form Requisition DEA Form 222 and 222a. The Department of Justice (DOJ), Drug Enforcement Administration (DEA), will be submitting the following information collection request to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted until May 2, 2008. This process is conducted in accordance with 5 CFR 1320.10. If you have comments, especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Mark W. Caverly, Chief, Liaison and Policy Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate 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; —Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —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, e.g., permitting electronic submission of responses. Overview of this Information Collection:

(1)Type of Information Collection: Extension of a currently approved collection.

(2)Title of the Form/Collection: U.S. Official Order Forms for Schedule I and II Controlled Substances (Accountable Forms), Order Form Requisition (DEA Form 222 and 222a).

(3)Agency form number, if any, and the applicable component of the Department sponsoring the collection: Form number: DEA Form 222 and 222a. Component: Office of Diversion Control, Drug Enforcement Administration, Department of Justice.

(4)Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Business or other for-profit. Other: Not-for-profit, State, local or tribal government. Abstract: DEA-222 is used to transfer or purchase Schedule I and II controlled substances and data are needed to provide an audit of transfer and purchase. DEA-222a Requisition Form is used to obtain the DEA-222 Order Form. Persons may also digitally sign and transmit orders for controlled substances electronically, using a digital certificate. Orders for Schedule I and II controlled substances are archived and transmitted to DEA.

(5)An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: DEA estimates that 96,280 registrants submit forms annually for this collection, taking an estimated 13.34 hours annually.

(6)An estimate of the total public burden (in hours) associated with the collection: DEA estimates that there will be 1,283,935 annual burden hours associated with the collection. If additional information is required contact: Lynn Bryant, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street NW., Washington, DC 20530. Dated: February 26, 2008. Lynn Bryant, Department Clearance Officer, PRA, Department of Justice. [FR Doc. E8-3954 Filed 2-29-08; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration [OMB Number 1117-0021] Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 60-Day Notice of Information Collection Under Review Records and Reports of Registrants. The Department of Justice (DOJ), Drug Enforcement Administration (DEA), will be submitting the following information collection request to the Office of Management and Budget

(1)Type of Information Collection: Extension of a currently approved collection.

(2)Title of the Form/Collection: Records and Reports of Registrants.

(3)Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: None. Office of Diversion Control, Drug Enforcement Administration, United States Department of Justice.

(4)Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Business or other for-profit. Other: Not-for-profit institutions, federal government, state, local or tribal government. Abstract: This information is needed to maintain a closed system of distribution by requiring the individual practitioner to keep records of the dispensing and administration of controlled substances.

(5)An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: DEA estimates that 103,000 respondents, with 103,000 responses annually to this collection. DEA estimates that it takes 30 minutes per year for each practitioner to maintain the necessary records.

(6)An estimate of the total public burden (in hours) associated with the collection: This information collection creates an annual burden of 51,500 hours. If additional information is required contact: Lynn Bryant, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street NW., Washington, DC 20530. Dated: February 26, 2008. Lynn Bryant, Department Clearance Officer, PRA, Department of Justice. [FR Doc. E8-3955 Filed 2-29-08; 8:45 am] BILLING CODE 4410-09-P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Records Schedules; Availability and Request for Comments AGENCY: National Archives and Records Administration (NARA). ACTION: Notice of availability of proposed records schedules; request for comments. SUMMARY: The National Archives and Records Administration

(NARA)publishes notice at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when no longer needed for current Government business. They authorize the preservation of records of continuing value in the National Archives of the United States and the destruction, after a specified period, of records lacking administrative, legal, research, or other value. Notice is published for records schedules in which agencies propose to destroy records not previously authorized for disposal or reduce the retention period of records already authorized for disposal. NARA invites public comments on such records schedules, as required by 44 U.S.C. 3303a(a). DATES: Requests for copies must be received in writing on or before April 2, 2008. Once the appraisal of the records is completed, NARA will send a copy of the schedule. NARA staff usually prepare appraisal memorandums that contain additional information concerning the records covered by a proposed schedule. These, too, may be requested and will be provided once the appraisal is completed. Requesters will be given 30 days to submit comments. ADDRESSES: You may request a copy of any records schedule identified in this notice by contacting the Life Cycle Management Division

(NWML)using one of the following means: *Mail:* NARA (NWML), 8601 Adelphi Road, College Park, MD 20740-6001. *E-mail: requestschedule@nara.gov.* *FAX:* 301-837-3698. Requesters must cite the control number, which appears in parentheses after the name of the agency which submitted the schedule, and must provide a mailing address. Those who desire appraisal reports should so indicate in their request. FOR FURTHER INFORMATION CONTACT: Laurence Brewer, Director, Life Cycle Management Division (NWML), National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. Telephone: 301-837-1539. E-mail: *records.mgt@nara.gov.* SUPPLEMENTARY INFORMATION: Each year Federal agencies create billions of records on paper, film, magnetic tape, and other media. To control this accumulation, agency records managers prepare schedules proposing retention periods for records and submit these schedules for NARA's approval, using the Standard Form

(SF)115, Request for Records Disposition Authority. These schedules provide for the timely transfer into the National Archives of historically valuable records and authorize the disposal of all other records after the agency no longer needs them to conduct its business. Some schedules are comprehensive and cover all the records of an agency or one of its major subdivisions. Most schedules, however, cover records of only one office or program or a few series of records. Many of these update previously approved schedules, and some include records proposed as permanent. No Federal records are authorized for destruction without the approval of the Archivist of the United States. This approval is granted only after a thorough consideration of their administrative use by the agency of origin, the rights of the Government and of private persons directly affected by the Government's activities, and whether or not they have historical or other value. Besides identifying the Federal agencies and any subdivisions requesting disposition authority, this public notice lists the organizational unit(s) accumulating the records or indicates agency-wide applicability in the case of schedules that cover records that may be accumulated throughout an agency. This notice provides the control number assigned to each schedule, the total number of schedule items, and the number of temporary items (the records proposed for destruction). It also includes a brief description of the temporary records. The records schedule itself contains a full description of the records at the file unit level as well as their disposition. If NARA staff has prepared an appraisal memorandum for the schedule, it too includes information about the records. Further information about the disposition process is available on request. Schedules Pending 1. Department of the Army, Agency-wide (N1-AU-03-18, 2 items, 2 temporary items). Master files and outputs associated with an electronic information system used to rate Army installations against established standards in three functional areas: infrastructure, environment, and services. Data includes names of installations, functional areas, categories, and quality and quantity ratings assigned to each functional area. 2. Department of Defense, Army and Air Force Exchange Service (N1-334-08-1, 4 items, 4 temporary items). Criminal investigation report files, including interviews, cover sheets, transmittal sheets, lists of property stolen or recovered, recommendations for actions, and similar records. 3. Department of Defense, Office of Inspector General (N1-509-07-2, 3 items, 2 temporary items). Records relating to criminal investigations polygraph examination files. The files include graphic recordings (charts) of a subject's physiological reactions to a line of questions and copies of the questions asked by the examiner. Proposed for permanent retention are polygraph files relating to criminal investigation case files involving significant crimes. 4. Department of Defense, Office of the Secretary of Defense (N1-330-08-5, 2 items, 2 temporary items). System master file and outputs associated with an electronic information system used to configure Department of Defense identification credentials to meet local business needs. The files contain personnel identification data to include name, gender, height, weight, eye color, place and date of birth, photograph, iris scans, and fingerprints. 5. Department of Homeland Security, Headquarters (N1-563-08-2, 6 items, 6 temporary items). Nondisclosure agreements signed by agency personnel and contractors with access to sensitive information. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 6. Department of Homeland Security, Office of Intelligence and Analysis (N1-563-07-16, 7 items, 6 temporary items). Records consisting of declassification request files; dissemination lists for intelligence products; reports containing raw, unevaluated intelligence; requests for information files; situation awareness reports; and workflow tracking systems. Proposed for permanent retention are recordkeeping copies of finished intelligence reports case files. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 7. Department of Housing and Urban Development, Government National Mortgage Association (N1-207-07-3, 17 items, 13 temporary items). Program operations files, records documenting the issuance, servicing, and oversight of guaranteed securities, publicity files, and other related records. Proposed for permanent retention are recordkeeping copies of the annual report and the files of the corporate secretary, president, and executive vice-president. This schedule authorizes the agency to apply the proposed disposition instructions for temporary records to any recordkeeping medium. 8. Department of the Interior, Bureau of Reclamation (N1-115-08-1, 2 items, 2 temporary items). Master files and supporting documentation for an electronic information system used to support the financial billing process and engineering project management. 9. Department of the Interior, Bureau of Reclamation (N1-115-08-2, 4 items, 4 temporary items). Master files, inputs, outputs, and system documentation for an electronic information system used to track agency compliance with the Americans with Disabilities Act and other programs related to facility accessibility improvements. 10. Department of Justice, Bureau of Prisons (N1-129-07-13, 1 item, 1 temporary item). Regional Safety Administrator's files related to workman's compensation. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 11. Department of Justice, Federal Bureau of Investigation (N1-65-08-5, 1 item, 1 temporary item). This schedule requests authority to destroy cases 29C-SL-185340, 29J-SL-187240, and 29K-SL-187135, which pertain exclusively to the investigation of the captioned individual. This request responds to a Federal Pre-Trial Diversion Program court order to delete the records of the captioned individual. 12. Department of the Navy, United States Marine Corps (N1-NU-07-14, 8 items, 8 temporary items). Master files and financial and quarterly reports of an electronic information system relating to food management, including requisitions, storing, preparing, serving, and accounting for subsistence supplies. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium except for master files. 13. Department of Transportation, Federal Transit Administration (N1-408-05-1, 181 items, 136 temporary items). Records relating to program administration; civil rights program; legal, rulemaking, interpretation, and enforcement; budget and accounting; personnel management and training; and award and management of grants. Proposed for permanent retention are recordkeeping copies of high-level mission-related correspondence, biographies, and speeches; organizational planning files; records of advisory, interagency, and international committees sponsored by the agency; press releases; briefing books and papers; digital photographs; publications; directives; conference proceedings; legal opinions and interpretations; substantive rulemaking dockets; enforcement action records and litigation files; reports and reviews; and the final reports, studies, or products of grants awarded for transit-related research, development, or training. Also scheduled for permanent retention are the master files of an electronic information system that contains information on every U.S. federally-funded urban mass transit system and documentation needed to maintain and access the files. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 14. Department of the Treasury, Financial Crimes Enforcement Network (N1-559-07-1, 14 items, 8 temporary items). Files of the Office of the Chief Counsel, which provides interpretations of regulations mandated by the Bank Secrecy Act and U.S. Codes. Included are correspondence, legal and legislative background and precedent-setting information, and ad hoc reports from the partner nations on the international initiatives to counter money laundering. Proposed for permanent retention are recordkeeping copies of memoranda of understanding and interagency agreements, central subject files, and regulatory files. 15. Department of the Treasury, Internal Revenue Service (N1-58-08-8, 4 items, 4 temporary items). Inputs, master files, outputs, and system documentation for an electronic information system used for securing consent from external job applicants to disclose tax-related information for employment suitability. 16. Department of the Treasury, Office of the Comptroller of the Currency (N1-101-08-1, 5 items, 5 temporary items). Master files, inputs, system documentation, and investigative case files of the Bank Fraud Information System. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 17. Environmental Protection Agency, Headquarters (N1-412-07-13, 2 items, 1 temporary item). This schedule authorizes the agency to apply the existing disposition instructions to records regardless of the recordkeeping medium. The records consist of Privacy Act reports files. Paper recordkeeping copies of these files were previously approved for disposal. Also included are annual reports, for which paper recordkeeping copies previously were approved as permanent. 18. Environmental Protection Agency, Inspector General (N1-412-07-70, 10 items, 8 temporary items). This schedule authorizes the agency to apply existing disposition instructions to records regardless of the recordkeeping medium. The records include hotline files, management assessment reviews and program evaluations, audit case files, suspension and debarment files, and investigative case files (exclusive of those that are unusually significant). Paper recordkeeping copies of these files were previously authorized for disposal. Also included are semiannual reports, for which paper recordkeeping copies previously were approved as permanent. 19. Environmental Protection Agency, Office of Pesticides Programs (N1-412-07-50, 14 items, 14 temporary items). This schedule authorizes the agency to apply existing disposition instructions to records regardless of recordkeeping medium. The records include re-registration case files and other documentation that supports or is ancillary to the registration of pesticides, including chemical reviews, laboratory test reports, novel microbial pesticide files, emergency exemption jackets, and other administrative files. Paper recordkeeping copies of these files were previously approved for disposal. 20. National Archives and Records Administration, Office of Administration (N1-64-08-6, 4 items, 4 temporary items). Master files of the Physical Access Control System, which maintains data for identity verification and access control activity in compliance with Homeland Security Presidential Directive 12. This schedule requests an exception to the applicable General Records Schedule for access control files. Dated: February 25, 2008. Michael J. Kurtz, Assistant Archivist for Records Services—Washington, DC. [FR Doc. E8-4006 Filed 2-29-08; 8:45 am] BILLING CODE 7515-01-P NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES Institute of Museum and Library Services; Notice: Proposed Information Collection, Submission for OMB Review, Analysis of Trends in Institute of Museum and Library Services Grants to States SUMMARY: The Institute of Museum and Library Services announces the following information collection has been submitted to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. A copy of the proposed information collection request can be obtained by contacting the individual listed below in the addressee section of this notice. DATES: Written comments must be submitted to the office listed in the contact section below on or before April 2, 2008. OMB is particularly interested in comments that help the agency to: • Evaluate 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; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collocation of information including the validity of the methodology and assumptions used; • Enhance the quality, utility and clarity of the information to be collected; and • 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, e.g., permitting electronic submissions of responses. ADDRESSES: Lesley Langa, Research Specialist, Institute of Museum and Library Services, 1800 M Street, NW., 9th Floor, Washington, DC. Ms. Langa can be reached by telephone: 202-653-4760; fax: 202-653-4600; or e-mail: *llanga@imls.gov.* SUPPLEMENTARY INFORMATION: The Institute of Museum and Library Services is an independent Federal grant-making agency authorized by the Museum and Library Services Act, 20 U.S.C. 9101, et seq. Section 9108 supports IMLS' data collection and analysis role. The IMLS provides a variety of grant programs to assist the nation's museums and libraries in improving their operations and enhancing their services to the public. Museums and libraries of all sizes and types may receive support from IMLS programs. This proposed generic clearance is essential to IMLS' ability to improve services, measure progress in achieving the goals articulated in the agency's strategic plan, understand trends in museum and library service, and in general be fully responsive to federal accountability requirements. *Abstract:* The purpose of this study is to gather and analyze original data to:

(1)Better understand achievements, uses, impacts, and remaining needs for its program of annual formula-based library Grants to States from approximately 2003-2007;

(2)Relate services provided through Grants to States to all library services provided by the State Library Administrative Agencies in this period and understand the contribution of Grants to States to stimulating funding for library services;

(3)Relate these services to library services and trends in general in this period; and

(4)Better understand the function and impact of the program in the national context of library services. Current Actions This notice proposes clearance of the Proposed Information Collection: Analysis of Trends in Institute of Museum and Library Services Grants to States. The 60-day Notice for this proposed generic clearance was published in the **Federal Register** on December 19, 2007 (FR vol. 72, no. 243, pgs. 71972-71973.) No comments were received. *OMB Number:* Not available. *Agency Number:* 3137. *Affected Public:* Libraries, State Library Administrative agencies. *Number of Respondents:* 52. *Frequency:* One time. *Burden Hours per Respondent:* 30 minutes. *Total burden hours:* 26 hours. FOR FURTHER INFORMATION CONTACT: Comments should be sent to the Office of Information and Regulatory Affairs, Attn.: OMB Desk Officer for Education, Office of Management and Budget, Room 10235, Washington, DC 20503

(202)395-7316. Dated: February 25, 2008 Mamie Bittner, Deputy Director. [FR Doc. E8-3950 Filed 2-29-08; 8:45 am] BILLING CODE 7036-01-P NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of pending NRC action to submit an information collection request to the Office of Management and Budget

(OMB)and solicitation of public comment. SUMMARY: The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. *The title of the information collection:* 10 CFR part 100, “Reactor Site Criteria.” 2. *Current OMB approval number:* 3150-0093. 3. *How often the collection is required:* As necessary in order for the NRC to assess the adequacy of proposed seismic design bases and the design bases for other site hazards for nuclear power and test reactors constructed and licensed in accordance with 10 CFR parts 50 and 52 and the Atomic Energy Act of 1954, as amended. 4. *Who is required or asked to report:* Applicants and licensees for nuclear power and test reactors. 5. *The number of annual respondents:* Approximately 9. 6. *The number of hours needed annually to complete the requirement or request per applicant:* 657,000 (73,000 hours per applicant). 7. *Abstract:* 10 CFR part 100, “Reactor Site Criteria,” establishes approval requirements for proposed sites for the purpose of constructing and operating stationary power and testing reactors pursuant to the provisions of 10 CFR parts 50 or 52. These reactors are required to be sited, designed, constructed and maintained to withstand geologic hazards, such as faulting, seismic hazards, and the maximum credible earthquake, to protect the health and safety of the public and the environment. Non-seismic siting criteria must also be evaluated. Non-seismic siting criteria include such factors as population density, the proximity of man-related hazards, and site atmospheric dispersion characteristics. NRC uses the information required by 10 CFR part 100 to evaluate whether natural phenomena and potential man-made hazards will be appropriately accounted for in the design of nuclear power and test reactors. Submit, by May 2, 2008, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: *http://www.nrc.gov/public-involve/doc-comment/omb/index.html* . The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Margaret A. Janney (T-5 F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7245, or by e-mail to *INFOCOLLECTS@NRC.GOV* . Dated at Rockville, Maryland, this 26th day of February 2008. For the Nuclear Regulatory Commission. Gregory Trussell, Acting NRC Clearance Officer, Office of Information Services. [FR Doc. E8-4019 Filed 2-29-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of pending NRC action to submit an information collection request to the Office of Management and Budget

(OMB)and solicitation of public comment. SUMMARY: The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. *The title of the information collection:* NRC Form 445, “Request For Approval of Official Foreign Travel.” 2. *Current OMB approval number:* 3150-0193. 3. *How often the collection is required:* On occasion. 4. *Who is required or asked to report:* Non-Federal consultants, contractors and NRC invited travelers (i.e., non-NRC employees). 5. *The number of annual respondents:* 120. 6. *The number of hours needed annually to complete the requirement or request:* 120 hours (1 hour per response). 7. *Abstract:* Form 445, “Request for Approval of Foreign Travel,” is supplied by consultants, contractors, and NRC invited travelers who must travel to foreign countries in the course of conducting business for the NRC. In accordance with 48 CFR part 20, “NRC Acquisition Regulation,” contractors traveling to foreign countries are required to complete this form. The information requested includes the name of the Office Director/Regional Administrator or Chairman (as appropriate); the traveler's identifying information; the purpose of travel; a listing of the trip coordinators, other NRC travelers and contractors attending the same meeting; and a proposed itinerary. Submit, by May 2, 2008, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: *http://www.nrc.gov/public-involve/doc-comment/omb/index.html* . The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Margaret A. Janney (T-5 F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7245, or by e-mail to *INFOCOLLECTS@NRC.GOV* . Dated at Rockville, Maryland, this 26th day of February 2008. For the Nuclear Regulatory Commission. Gregory Trussell, Acting NRC Clearance Officer, Office of Information Services. [FR Doc. E8-4021 Filed 2-29-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 150-00017] In the Matter of: Accurate NDE and Inspection, LLC, Broussard, LA; General License Pursuant to: 10 CFR 150.20, EA-06-281; EA-07-289; Confirmatory Order (Effective Immediately) I Accurate NDE and Inspection, LLC (Accurate NDE or Licensee) is the holder of a general license pursuant to 10 CFR 150.20 issued by the U.S. Nuclear Regulatory Commission (NRC or Commission). This general license was granted to Accurate NDE at various times during calendar years 2005, 2006, and 2007. II An NRC inspection was conducted at an Accurate NDE temporary job site located on an oil and gas platform in offshore Federal waters within the Gulf of Mexico on December 20, 2005. Following that inspection, an investigation was initiated on January 17, 2006, by the NRC's Office of Investigations

(OI)to determine whether a radiographer and a radiographer's assistant, employed by Accurate NDE, willfully violated NRC regulations. Based on the results of the NRC inspection and OI investigation, the NRC determined that three violations of NRC requirements occurred. The violations involved: A failure to secure an industrial radiography exposure device containing licensed material, as required by 10 CFR 20.1801 and 10 CFR 20.1802; permitting an individual who did not wear a direct reading dosimeter, an operating alarm ratemeter, and a personnel dosimeter, during radiographic operations, to act as a radiographer's assistant, in contradiction of 10 CFR 34.47(a); and the failure to provide complete and accurate information to an NRC inspector, as required by 10 CFR 30.9(a), by providing a falsified daily radiation report. The NRC also determined that each of the violations resulted from willful actions on the part of the radiographer and the radiographer's assistant involved. Therefore, the three violations were categorized in accordance with the NRC Enforcement Policy as a Severity Level III problem. III In a letter dated March 20, 2007, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $13,000 for the Severity Level III problem. In the March 20, 2007, letter, the NRC offered Accurate NDE the opportunity to request Alternative Dispute Resolution

(ADR)with the NRC in an attempt to resolve issues associated with this problem. In response, Accurate NDE requested ADR to resolve the matter with the NRC. ADR is a process in which a neutral mediator, with no decision-making authority, assists the NRC and Accurate NDE to resolve any differences regarding the matter. An ADR session was conducted between Accurate NDE and the NRC in Baton Rouge, Louisiana, on November 7, 2007. During that ADR session, an Agreement in Principle was reached. The elements of the agreement consisted of the following: 1. Accurate NDE will confirm that amended procedures for offshore radiographic activities have been submitted to the State of Louisiana for review and approval as appropriate; and submit those procedures to the NRC for information. 2. Accurate NDE will develop and implement a detailed radiation safety and security checklist for radiography crews to complete; the checklist is to include communication with the company Radiation Safety Officer or management after completion of the checklist:

(1)Before leaving for an offshore job and

(2)once arriving at the job site, if the ability to communicate is available. The Checklist should include a sign-off by the radiographer that they have briefed the Safety Representative/Responsible Manager on the offshore job site regarding licensed activities. Accurate NDE will include these requirements in licensee procedures. 3. Accurate NDE will develop and provide training to all employees regarding potential consequences for wrongdoing; for new employees, before working with radioactive material; and annually thereafter for all employees involved in radiographic activities. 4. Accurate NDE will ensure that requirements for security of radiographic devices including requirements associated with the increased controls order and contingency actions, if unable to lock and monitor radiographic devices, are included in licensee procedures. 5. Accurate NDE will develop and implement a program for offshore audits of radiographic operations. Audit requirements and audit frequency will be included in procedures. Audit frequency will include at least one offshore audit each calendar year. 6. Accurate NDE will develop and issue a company policy encouraging employees to report problems on the job site. 7. Accurate NDE will develop and issue a personal letter from the Company President or Radiation Safety Officer to current employees regarding expectations for compliance with NRC regulations. 8. Accurate NDE will develop and publish an article in the company newsletter, or equivalent, regarding this case. Specifically, include that employee actions did cause adverse consequences for the company and for the individual. 9. All of the above requirements shall be completed by Accurate NDE within 120 days of the effective date of this Order. 10. In recognition of Accurate NDE's cooperative efforts, extensive corrective actions and good faith effort, the NRC agrees to reduce the civil penalty originally proposed to $500. On January 21, 2008, Accurate NDE consented to issuing this Order with the commitments, as described in section V below. Accurate NDE further agreed that this Order is to be effective upon issuance and that it has waived its right to a hearing. IV Since the Licensee has agreed to take additional actions to address NRC concerns, as set forth in Item III above, the NRC has concluded that its concerns can be resolved through issuance of this Order. I find that the Licensee's commitments as set forth in section V are acceptable and necessary and conclude that with these commitments the public health and safety are reasonably assured. In view of the foregoing, I have determined that public health and safety require that the Licensee's commitments be confirmed by this Order. Based on the above and the Licensee's consent, this Order is immediately effective upon issuance. V Accordingly, pursuant to sections 81, 161b, 161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, the Commission's regulations in 10 CFR 2.202, 2.205, 10 CFR Parts 20, 34, and 150, *it is hereby ordered, effective immediately, that:* 1. Accurate NDE will confirm that amended procedures for offshore radiographic activities have been submitted to the State of Louisiana for review and approval as appropriate; and submit those procedures to the NRC for information. 2. Accurate NDE will develop and implement a detailed radiation safety and security checklist for radiography crews to complete; the checklist is to include communication with the company Radiation Safety Officer or management after completion of the checklist:

(1)Before leaving for an offshore job and

(2)once arriving at the job site, if ability to communicate is available. The checklist shall include a sign-off by the radiographer that they have briefed the Safety Representative/Responsible Manager on the offshore job site regarding licensed activities. Accurate NDE will include these requirements in licensee procedures. 3. Accurate NDE will develop and provide training to all employees regarding potential consequences for wrongdoing; for new employees, before working with radioactive material; and annually (at intervals not to exceed 12 months) thereafter for all employees involved in radiographic activities. 4. Accurate NDE will ensure that requirements for security of radiographic devices including requirements associated with the increased controls order and contingency actions, if unable to lock and monitor radiographic devices, are included in licensee procedures. 5. Accurate NDE will develop and implement a program for offshore audits of radiographic operations. Audit requirements and audit frequency will be included in procedures. Audit frequency will include at least one offshore audit each calendar year. 6. Accurate NDE will develop and issue a company policy encouraging employees to report problems on the job site. 7. Accurate NDE will develop and issue a personal letter from the Company President or Radiation Safety Officer to current employees regarding expectations for compliance with NRC regulations. 8. Accurate NDE will develop and publish an article in the company newsletter, or equivalent, regarding this case. Specifically, Accurate NDE will include that employee actions did cause adverse consequences for the company and for the individual. 9. All of the above requirements shall be completed by Accurate NDE within 120 days of the effective date of this Order. 10. Within 30 days from the date of this Confirmatory Order, Accurate NDE and Inspection, LLC must pay the reduced civil penalty of $500 in accordance with NUREG/BR-0254 and submit to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, a statement indicating when and by what method payment was made. The Regional Administrator, NRC Region IV, may relax or rescind, in writing, any of the above conditions upon a showing by Accurate NDE of good cause. VI Any person adversely affected by this Confirmatory Order, other than Accurate NDE, may request a hearing within 20 days of its issuance. Where good cause is shown, consideration will be given to extending the time to answer or request a hearing. A request for extension of time must be made in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, and include a statement of good cause for the extension. A request for a hearing must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August, 2007, 72 FR 49,139 (Aug. 28, 2007). The E-Filing process requires participants to submit and serve documents over the internet or, in some cases, to mail copies on electronic optical storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements associated with E-Filing, at least five

(5)days prior to the filing deadline the requestor must contact the Office of the Secretary by e-mail at *HEARINGDOCKET@NRC.GOV,* or by calling

(301)415-1677, to request

(1)a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any NRC proceeding in which it is participating; and/or

(2)creation of an electronic docket for the proceeding (even in instances when the requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each requestor will need to download the Workplace Forms Viewer TM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer TM is free and is available at *http://www.nrc.gov/site-help/e-submittals/install-viewer.html.* Information about applying for a digital ID certificate also is available on NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.* Once a requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for a hearing through EIE. Submissions should be in Portable Document Format

(PDF)in accordance with NRC guidance available on the NRC public Web site at *http://www.nrc.gov/site-help/e-submittals.html.* A filing is considered complete at the time the filer submits its document through EIE. To be timely, electronic filings must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the document on those participants separately. Therefore, any others who wish to participate in the proceeding (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request is filed so that they may obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the “Contact Us” link located on the NRC Web site at *http://www.nrc.gov/site-help/e-submittals.html* or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is

(800)397-4209 or locally,

(301)415-4737. Participants who believe that they have good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by

(1)first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or

(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHD_Proceeding/home.asp* , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, Participants are requested not to include copyrighted materials in their works. If a person other than Accurate NDE requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309(d). If a hearing is requested by a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Confirmatory Order should be sustained. *An answer or a request for hearing shall not stay the immediate effectiveness of this order.* Dated this 20th day of February, 2008. For the Nuclear Regulatory Commission. Elmo E. Collins, Regional Administrator. [FR Doc. E8-4025 Filed 2-29-08; 8:45 am] BILLING CODE 7590-01-P PENSION BENEFIT GUARANTY CORPORATION Approval of Variance From the Bond/Escrow Requirement Relating to the Sale of Assets by an Employer Who Contributes to a Multiemployer Plan: P&O Ports Florida, Inc. AGENCY: Pension Benefit Guaranty Corporation. ACTION: Notice of approval. SUMMARY: The Pension Benefit Guaranty Corporation has granted a request from the P&O Ports Florida, Inc., (“P&O Ports”) for a variance from the bond/escrow requirement of section 4204(a)(1)(B) of the Employee Retirement Income Security Act of 1974, as amended, with respect to the Tampa Maritime Association-International Longshoremen's Association Pension Plan. A notice of the request for a variance from the requirement was published on August 3, 2007 (72 FR 43297). The effect of this notice is to advise the public of the decision on the request. ADDRESSES: The non-confidential portions of the request for a variance and any PBGC response to the request may be obtained by writing PBGC's Communications and Public Affairs Department

(CPAD)at Suite 1200, 1200 K Street, NW., Washington, DC 20005-4026, or by visiting or calling CPAD during normal business hours (202-326-4040). FOR FURTHER INFORMATION CONTACT: Eric Field, Attorney, Office of the Chief Counsel, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005-4026; telephone 202-326-4020. (For TTY/TDD users, call the Federal Relay Service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4020). SUPPLEMENTARY INFORMATION: Background Under section 4204 of the Employee Retirement Income Security Act of 1974, as amended by the Multiemployer Pension Plan Amendments Act of 1980 (“ERISA” or “the Act”), a complete or partial withdrawal of an employer from a multiemployer plan does not occur solely because, as a result of a bona fide arm's-length sale of assets to an unrelated party, the seller ceases covered operations or ceases to have an obligation to contribute for such operations, if the following conditions under section 4204(a)(1)(A)-(C) of ERISA are met:

(A)The purchaser has an obligation to contribute to the plan with respect to the operations for substantially the same number of contribution base units for which the seller was obligated to contribute;

(B)The purchaser obtains a bond or places an amount in escrow, for a period of five plan years after the sale, in an amount equal to the greater of the seller's average required annual contribution to the plan for the three plan years preceding the year in which the sale occurred or the seller's required annual contribution for the plan year preceding the year in which the sale occurred (the amount of the bond or escrow is doubled if the plan is in reorganization in the year in which the sale occurred); and

(C)The contract of sale provides that if the purchaser withdraws from the plan within the first five plan years beginning after the sale and fails to pay any of its liability to the plan, the seller shall be secondarily liable for the liability it would have had but for section 4204. The bond or escrow described above would be paid to the plan if the purchaser withdraws from the plan or fails to make any required contributions to the plan within the first five plan years beginning after the sale. Additionally, under section 4204(b)(1), if a sale of assets is covered by section 4204, the purchaser assumes by operation of law the contribution record of the seller for the plan year in which the sale occurred and the preceding four plan years. Section 4204(c) of ERISA authorizes the Pension Benefit Guaranty Corporation (“PBGC”) to grant individual or class variances or exemptions from the purchaser's bond/escrow requirement of section 4204(a)(1)(B) when warranted. The legislative history of section 4204 indicates a Congressional intent that the asset sale rules be administered in a manner that assures protection of the plan with the least practicable intrusion into normal business transactions. Senate Committee on Labor and Human Resources, 96th Cong., 2nd Sess., S. 1076, The Multiemployer Pension Plan Amendments Act of 1980: Summary and Analysis of Considerations 16 (Comm. Print, April 1980); 128 Cong. Rec. S10117 (July 29, 1980). The granting of a variance or an exemption from the bond/escrow requirement under section 4204(a)(1)(B) does not constitute a finding by the PBGC that a particular transaction satisfies the other requirements of section 4204(a)(1). Under the PBGC's regulation on variances or exemptions from the requirements of section 4204(a)(1)(B) and

(C)with respect to sales of assets (29 CFR Part 4204), a request for a variance of the bond/escrow requirement under any of the tests established in the regulation (sections 4204.12 & 4204.13) is made to the plan in question. The PBGC will consider variance or exemption requests only when the request is not based on satisfaction of one of the three regulatory tests or when the parties assert that the financial information necessary to show satisfaction of one of the regulatory tests is privileged or confidential financial information within the meaning of section 552(b)(4) of the Freedom of Information Act, 5 U.S.C. 552. Under section 4204.22 of the regulation, the PBGC shall approve a request for a variance or exemption if it determines that approval of the request is warranted, based on the following reasons:

(1)The approval of a variance or exemption would more effectively or equitably carry out the purposes of Title IV of ERISA; and

(2)The approval of a variance or exemption would not significantly increase the risk of financial loss to the plan. Section 4204(c) of ERISA and section 4204.22(b) of the regulation require the PBGC to publish a notice of the pendency of a request for a variance or exemption in the **Federal Register** , and to provide interested parties with an opportunity to comment on the proposed variance or exemption. The PBGC received no comments on P&O Ports' request for a variance. Decision On August 3, 2007, the PBGC published a notice of the pendency of a request by P&O Ports (the “Purchaser”) for a variance or exemption (“variance”) from the bond/escrow requirement of section 4204(a)(1)(B) regarding its purchase of SSA Gulf, Inc., d/b/a Harborside Refrigeration and Garrison (the “Seller”) (72 FR 4538). According to the request, the Seller was obligated to contribute to Tampa Maritime Association-International Longshoremen's Association Pension Plan (the “Plan”), a multiemployer defined benefit pension plan, pursuant to a collective bargaining agreement with Local 1402 of the International Longshoremen's Association. According to the Purchaser's representations, the Purchaser acquired, under an asset sale agreement effective May 26, 2006, the business assets of the Seller's stevedoring and related businesses in the Port of Tampa. The parties structured the transaction to comply with section 4204 of ERISA, and the Purchaser represents the following:

(1)The purchase agreement expressly obligates the Purchaser to contribute to the Plan for substantially the same contribution base units for which the Seller was obligated,

(2)The Seller agrees to be secondarily liable for any withdrawal liability it would have had with respect to the sold operations, but for section 4204, should the Purchaser withdraw from the Plan within the five plan years following the sale and fail to pay its withdrawal liability, and,

(3)The Purchaser agrees to post a bond, establish an escrow, or seek a variance from the bond/escrow requirement. The amount of the bond/escrow required under section 4204(a)(1)(B) of ERISA is $421,864. On April 9, 2007, the Purchaser established on behalf of the Plan an escrow account through Bank of America in that amount. The estimated amount of the withdrawal liability of the Seller with respect to the operations subject to the sale is $1,191,462. The Purchaser asserts that certain financial information to support its request for a variance from the bond/escrow requirement is privileged and confidential. Consequently, as permitted by the PBGC regulation in these circumstances, the request is directed to the PBGC, rather than the Plan. Accordingly, the Purchaser submitted to the PBGC financial statements showing that the amount of the net tangible assets of the Purchaser's controlled group significantly exceed the Seller's estimated withdrawal liability of $1,191,462. Based on the facts of this case and the representations and statements made in connection with the request for an exemption, PBGC has determined that a variance from the bond/escrow requirement is warranted, in that it would more effectively carry out the purposes of Title IV of ERISA and would not significantly increase the risk of financial loss to the Plan. Therefore, the PBGC hereby grants the request for a variance from the bond/escrow requirement. The granting of a variance or an exemption from the bond/escrow requirement of section 4204(a)(1)(B) does not constitute a finding by the PBGC that the transaction satisfies the other requirements of section 4204(a)(1). The determination of whether the transaction satisfies such other requirements is a determination to be made by the Plan sponsor. Issued at Washington, DC, on this 21st day of February, 2008. Charles E. F. Millard, Director, Pension Benefit Guaranty Corporation. [FR Doc. E8-3990 Filed 2-29-08; 8:45 am] BILLING CODE 7708-01-P SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 28170; 812-13481] Eaton Vance Mutual Funds Trust, et al.; Notice of Application February 26, 2008. AGENCY: Securities and Exchange Commission (“Commission”). ACTION: Notice of an application under section 6(c) of the Investment Company Act of 1940 (“Act”) for an exemption from rule 12d1-2(a) under the Act. *Summary of Application:* Applicants request an order to permit funds of funds relying on rule 12d1-2 under the Act to invest in certain financial instruments. *Applicants:* Eaton Vance Mutual Funds Trust, Eaton Vance Special Investment Trust (the “Trusts”), Eaton Vance Management (“EVM”), Boston Management and Research (“BMR,” together with EVM, the “Advisers”), and Eaton Vance Distributors, Inc. (the “Distributor”). *Filing Dates:* The application was filed on January 18, 2008, and amended on January 30, 2008. *Hearing or Notification of Hearing:* An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on March 24, 2008 and should be accompanied by proof of service on applicants, in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer's interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary. ADDRESSES: Secretary, Commission, 100 F Street, NE., Washington, DC 20549-1090; Applicants, 255 State Street, Boston, MA 02109. FOR FURTHER INFORMATION CONTACT: Lewis Reich, Senior Counsel, at

(202)551-6919, or Nadya B. Roytblat, Assistant Director, at

(202)551-6821 (Division of Investment Management, Office of Investment Company Regulation). SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained for a fee at the Commission's Public Reference Branch, 100 F Street, NE., Washington, DC 20549-1520 (telephone

(202)551-8090). Applicants' Representations 1. The Trusts are organized as Massachusetts business trusts and are registered under the Act as open-end management investment companies. Applicants request an exemption to the extent necessary to permit any existing or future series of the Trusts and any other registered open-end investment company advised by the Advisers or any person controlling, controlled by or under common control with the Advisers, that may rely on rule 12d1-2 under the Act (each a “ Fund”) to also invest to the extent consistent with its investment objective, policies, strategies and limitations, in futures contracts, options on futures contracts, swap agreements, other derivatives, and other financial instruments that may not be securities within the meaning of section 2(a)(36) of the Act (“Other Investments”) in addition to registered investment companies (“Underlying Funds”) and other securities. 2. The Advisers, both Massachusetts business trusts registered under the Investment Advisers Act of 1940, serve as investment advisers to the Funds. EVM is a wholly-owned subsidiary of Eaton Vance Corporation, a publicly held Maryland corporation, and BMR is a subsidiary of EVM. The Distributor, an indirect wholly-owned subsidiary of Eaton Vance Corporation, is registered as a broker-dealer under the Securities Exchange Act of 1934 Act (“Exchange Act”), and serves as the principal underwriter for the Funds. Applicants' Legal Analysis 1. Section 12(d)(1)(A) of the Act provides that no registered investment company (“acquiring company”) may acquire securities of another investment company (“acquired company”) if such securities represent more than 3% of the acquired company's outstanding voting stock or more than 5% of the acquiring company's total assets, or if such securities, together with the securities of other investment companies, represent more than 10% of the acquiring company's total assets. Section 12(d)(1)(B) of the Act provides that no registered open-end investment company may sell its securities to another investment company if the sale will cause the acquiring company to own more than 3% of the acquired company's voting stock, or cause more than 10% of the acquired company's voting stock to be owned by investment companies. 2. Section 12(d)(1)(G) of the Act provides that section 12(d)(1) will not apply to securities of an acquired company purchased by an acquiring company if:

(i)The acquiring company and acquired company are part of the same group of investment companies;

(ii)the acquiring company holds only securities of acquired companies that are part of the same group of investment companies, government securities, and short-term paper;

(iii)the aggregate sales loads and distribution-related fees of the acquiring company and the acquired company are not excessive under rules adopted pursuant to section 22(b) or section 22(c) of the Act by a securities association registered under section 15A of the Exchange Act or by the Commission; and

(iv)the acquired company has a policy that prohibits it from acquiring securities of registered open-end management investment companies or registered unit investment trusts in reliance on section 12(d)(1)(F) or

(G)of the Act. 3. Rule 12d1-2 under the Act permits a registered open-end investment company or a registered unit investment trust that relies on section 12(d)(1)(G) of the Act to acquire, in addition to securities issued by another registered investment company in the same group of investment companies, government securities, and short-term paper:

(1)Securities issued by an investment company that is not in the same group of investment companies, when the acquisition is in reliance on section 12(d)(1)(A) or 12(d)(1)(F) of the Act;

(2)securities (other than securities issued by an investment company); and

(3)securities issued by a money market fund, when the investment is in reliance on rule 12d1-1 under the Act. For the purposes of rule 12d1-2, “securities” means any security as defined in section 2(a)(36) of the Act. 4. Section 6(c) of the Act provides that the Commission may exempt any person, security, or transaction from any provision of the Act, or from any rule under the Act, if such exemption is necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policies and provisions of the Act. 5. Applicants state that the proposed arrangement would comply with the provisions of rule 12d1-2 under the Act, but for the fact that the Funds may invest a portion of their assets in Other Investments. Applicants request an order under section 6(c) of the Act for an exemption from rule 12d1-2(a) to allow the Funds to invest in Other Investments. Applicants assert that permitting the Funds to invest in Other Investments as described in the application would not raise any of the concerns that the requirements of section 12(d)(1) were designed to address. Applicants' Conditions Applicants agree that the order granting the requested relief will be subject to the following conditions: 1. Prior to approving any investment advisory agreement under section 15 of the Act, the board of trustees of the appropriate Fund, including a majority of the trustees who are not “interested persons” as defined in section 2(a)(19) of the Act, will find that the advisory fees, if any, charged under the agreement are based on services provided that are in addition to, rather than duplicative of, services provided pursuant to any Underlying Fund's advisory agreement. Such finding, and the basis upon which the finding is made, will be recorded fully in the minute books of the appropriate Fund. 2. Applicants will comply with all provisions of rule 12d1-2 under the Act, except for paragraph (a)(2), to the extent that it restricts any Fund from investing in Other Investments as described in the application. For the Commission, by the Division of Investment Management, under delegated authority. Florence E. Harmon, Deputy Secretary. [FR Doc. E8-3960 Filed 2-29-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57383; File No. SR-BSE-2008-05] Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing of a Proposed Rule Change, as Modified by Amendment No. 5, To Amend the Rules of the Boston Options Exchange Related to Obvious Error Procedures February 26, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on January 29, 2008, the Boston Stock Exchange, Inc. (“BSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. On February 21, 2008, the Exchange filed Amendment No. 1 to the proposal. On February 22, 2008, the Exchange submitted Amendment Nos. 2, 3, and 4, and withdrew Amendment Nos. 1, 2, and 3 to the proposal. On February 26, 2008, the exchange withdrew Amendment No. 4 and submitted Amendment No. 5 to the proposal. 3 The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 Amendment No. 5 replaces and supersedes the original filing and all previous amendments in their entirety. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes amending the Boston Options Exchange (“BOX”) Rules related to Obvious Error procedures. The text of the proposed rule change is available at the Exchange, the Commission's Public Reference Room, and *http://www.bostonstock.com.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The BSE seeks to amend the BOX Rules 4 to modify the process for determining whether to “adjust or bust” certain trades on the BOX market. The Exchange believes that modifying this process will help to better ensure a fair and orderly market. 4 Capitalized terms not otherwise defined herein shall have the meanings prescribed under the BOX Rules. Currently, BOX has an established process whereby, in the event that a suspected Obvious Error has occurred during trading on the BOX market, a request for review may be made by one or both of the parties involved. This request for review notifies the Market Regulation Center (“MRC”) of the existence of a suspected erroneous transaction and initiates a review process. If the MRC determines that the transaction does in fact represent an Obvious Error, the transaction is either adjusted or busted. Depending on the parties involved in the transaction, the adjustments are either set according to pre-determined increments or by mutual agreement between the parties. The Exchange states that, currently, the MRC, as defined in the BOX Rules 5 as the “Exchange's facilities for surveilling and regulating the conduct of business for options on BOX,” is involved in these Obvious Error requests and determinations. This amendment to the BOX Rules will substitute the BOX Market Operations Center (“MOC”) 6 for the MRC as the entity that first receives these Obvious Error requests. The MOC is already the primary contact for Options Participants when communicating with the BOX market regarding trading matters. Under this proposal, the MOC, as the primary contact, will promptly notify the MRC when an Obvious Error request is received, since the MRC will continue to be the body that makes adjust or bust decisions. 5 *See* Section 1 of Chapter I of the BOX Rules. 6 This proposal will also add the MOC to the definitions section of the BOX Rules. *See,* Section 1 of Chapter I of the BOX Rules. The remainder of the changes to the definition section fall into two categories. The first is switching the current Sections 31 and 32 so that they are in alphabetical order. The second is, after inserting the MOC as a definition, renumbering the remaining definitions. Additionally, the current BOX Obvious Error rules refer to transactions involving Market Makers “on BOX.” The proposed amendment to the BOX Rules will remove the language “on BOX.” This proposed change would provide an additional avenue of relief for non-BOX market makers, resulting in the Obvious Error Rules applying not only to BOX Market Makers, but also to market makers on other exchanges whose orders are designated with a market maker account type in the BOX Trading Host. Currently, according to Section 20(d)(ii)(1) of Chapter V of the BOX Rules, only BOX Market Makers involved in an erroneous transaction with another BOX Market Maker may avail themselves to the pre-determined obvious error Theoretical Price plus or minus adjustment levels. This amendment, if approved, would maintain and expand the choices available to a non-BOX market maker involved in an erroneous transaction. Just as a BOX Market Maker, a non-BOX market maker would have the choice of agreeing with the counter party to bust the transaction, agreeing to adjust to an agreed upon price for the transaction, or now having the transaction adjusted to the pre-determined levels. This amendment to the BOX Rules will also establish an additional course of action if it is determined that an Obvious Error has occurred. The current BOX Rules allow for an adjustment in the transaction price where both parties to the transaction are market makers. Alternatively, the BOX Rules call for a bust of the transaction if *at least* one party to the transaction is a market maker on BOX, unless both parties agree to an adjustment price and notify the MRC. The proposed amendment to the Obvious Error Rule will render this particular scenario applicable only when “ *neither* ” party to the transaction is a market maker. Under the scenario where neither of the parties involved in the obviously erroneous transaction is a market maker, a bust of the transaction is believed to be the proper course of action, absent an agreement to an adjusted price for the transaction. The additional course of action, as proposed, will now be available to the MRC when one party to the transaction is *not* a market maker and the other party *is* a market maker. The Exchange believes that affording a non-market maker party the opportunity to choose between busting the transaction or adjusting it according to the pre-determined increments, as set forth in the Obvious Error Rule, will better protect the non-market maker party in the event of obviously erroneous transactions. The establishment of this option is intended to protect against scenarios where a non-market making party, perhaps a Public Customer, enters into a transaction with a market maker. Under the current rules, if this transaction is determined to be an Obvious Error, the trade will be busted unless the parties agree to an adjustment price. If the Public Customer does not want the trade busted but, nonetheless, cannot agree to an adjusted price with the market maker, then the trade will still be busted. The Exchange believes that this could expose the Public Customer to unintended positions and risk, perhaps in the equities markets, where this particular options transaction was intended to hedge against. The Exchange believes that, by providing access to the pre-established Obvious Error adjustment increments, some of this risk should be alleviated or eliminated for the non-market maker party by allowing the transaction to be adjusted rather than busted. The Exchange believes that the availability of the pre-determined adjustment increments should provide non-market maker parties with added assurances that, in the case of an obviously erroneous transaction and at their election, the transaction will be adjusted rather than automatical busted, as provided in the current Rule. While this should provide an added protective feature for non-market makers, it should not expose market makers to any additional risk or decrease the protections that they are already afforded in the BOX Rules. A market maker's transaction already has these pre-determined adjustment increments applied to their trades with other market makers. Thus, this proposal would merely extend the application of the pre-determined adjustment increments to another party that a market maker could trade with via the BOX Trading Host. 2. *Statutory Basis* The Exchange believes that the proposed amendment to the BOX Rules would result in greater flexibility in determining the outcome of erroneous transactions within the BOX Trading Host. Accordingly, the Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act, 7 in general, and furthers the objectives of Section 6(b)(5) of the Act, 8 in particular, in that it is designed to promote just and equitable principles of trade, remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, protect investors and the public interest. 7 15 U.S.C. 78f(b). 8 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were solicited or received by the Exchange with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period

(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding, or

(ii)as to which the Exchange consents, the Commission will: A. By order approve the proposed rule change; or B. institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-BSE-2008-05 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-BSE-2008-05. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BSE-2008-05 and should be submitted on or before March 24, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 9 9 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-3959 Filed 2-29-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57382; File No. SR-BSE-2008-11] Self-Regulatory Organizations; Boston Stock Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Substitution of a Term in the Rules of the Boston Options Exchange February 26, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on February 21, 2008, the Boston Stock Exchange, Incorporated (“Exchange” or “BSE”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the BSE. The BSE has designated this proposal as one that neither significantly affects the protection of investors or the public interest nor imposes any significant burden on competition, under Section 19(b)(3)(A)(ii) of the Act, 3 and Rule 19b-4(f)(6) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The BSE proposes to amend Section 4 (Appointment of Market Makers) of Chapter VI of the Rules of the Boston Options Exchange (“BOX”) to substitute the term “issue” for “class.” The text of the proposed rule change is available on the Exchange's Web site *http://www.bostonstock.com,* at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the BSE included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The BSE has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange is proposing to amend the BOX Rules applicable to the appointment of Market Makers on BOX. The Exchange is proposing to replace the term “issue” in Section 4(f) of Chapter VI of the BOX Rules with the term “class.” As the BOX Rules currently read, this is the only instance in which the term “issue” is used as a noun to convey this particular meaning. The proposed rule change substitutes the use of the term “class” and its meaning with one that is more consistent with the terms used throughout the BOX Rules. The BOX Rules define the term “class of options” to mean all options contracts of the same type and style covering the same underlying security. This is the precise meaning that this instance of the term “issue” is meant to convey. The terms “class of options” and “option class” are also used throughout the BOX Rules to convey this same meaning. This current use of the term “issue” is unclear and inconsistent with references used throughout the BOX Rules. Therefore, the removal of the term “issue” and replacement with the term “class” in its place will create greater consistency within the BOX Rules. Such a substitution will also clarify the intended meaning of this particular subsection of the BOX Rules by using a term with an accepted definition that more closely conforms to the concept being discussed. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the objectives of Section 6 of the Act, 5 in general, and furthers the objectives of Section 6(b)(5), 6 in particular, in that it is designed to promote just and equitable principles of trade, to prevent fraudulent and manipulative acts, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest. 5 15 U.S.C. 78f(b). 6 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing rule does not

(i)significantly affect the protection of investors or the public interest;

(ii)impose any significant burden on competition; and

(iii)become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, it has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder. 7 7 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires a self-regulatory organization to provide the Commission with written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has fulfilled this requirement. At any time within 60 days of the filing of such proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File No. SR-BSE-2008-11 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-BSE-2008-11. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the BSE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BSE-2008-11 and should be submitted on or before March 24, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 8 8 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-3962 Filed 2-29-08; 8:45 am] BILLING CODE 8011-01-P DEPARTMENT OF STATE [Public Notice 6115] Notice of Availability of the Record of Decision and National Interest Determination and the Programmatic Agreement for the Proposed TransCanada Keystone Pipeline Project *Summary:* This notice announces the availability of the Record of Decision and National Interest Determination and the Programmatic Agreement for the Proposed TransCanada Keystone Pipeline Project. On April 19, 2006, TransCanada Keystone Pipeline, LP (“Keystone”) filed an application with the Department of State for a Presidential permit for the construction, connection, operation, or maintenance of facilities at the border of the United States and Canada for the transport of crude oil between the United States and Canada across the international boundary. Executive Order 13337 of April 30, 2004, as amended, delegates to the Secretary of State the President's authority to receive applications for permits for the construction, connection, operation, or maintenance of facilities, including pipelines, for the exportation or importation of petroleum, petroleum products, coal, or other fuels at the border of the United States and to issue or deny such Presidential Permits upon a national interest determination. The Executive Order directs the Secretary of State to refer the application and pertinent information to, and to request the views of, the heads of certain agencies before issuing a Permit and authorizes the Secretary to consult with other interested federal and state officials, as appropriate. The functions assigned to the Secretary have been further delegated within the Department of State to, inter alia, the Deputy Secretary of State and the Under Secretary of State for Economic, Energy, and Business Affairs. In accordance with the National Environmental Policy Act of 1969 (“NEPA”), 42 U.S.C. 4321-4370f, the Council of Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA, 40 CFR parts 1500-1508, and the Department's regulations for the implementation of NEPA, 22 CFR part 161, an Environmental Impact Statement

(EIS)for the issuance of a Presidential Permit for the construction, connection, operation, and maintenance of the pipeline was prepared by Entrix, Inc., a contractor selected by the Department of State. The Department of State published in the **Federal Register** a Notification of Receipt of the Keystone Application for a permit on August 8, 2006 (71 Fed. Reg. 47861). That notification solicited public comment on the application for a 30-day period. Thereafter, the Department published in the **Federal Register** a Notification of Intent to Prepare an Environmental Impact Statement on October 11, 2006 (71 FR 59849). The Department's Notice of Availability of the Draft EIS and request for public comment was published in the **Federal Register** on August 9, 2007 (72 FR 44908-02), seeking comments by September 24, 2007. The Department received public comments in response to its notice and has taken them into account in making its determination on the Keystone application. As required by Executive Order 13337, the Keystone pipeline application and a Draft Environmental Impact Statement were transmitted to federal agencies for their review and comment on August 6, 2007. The Department of State received no objections from federal agencies regarding the issuance of a permit. The Department published a notice of the availability of the Final Environmental Impact Statement in the **Federal Register** on January 11, 2008 (73 FR 2027). Concurrently, the Department took steps to comply with its obligations under Section 106 of the National Historic Preservation Act. On February 15, 2008, Deputy Secretary of State John D. Negroponte signed a Programmatic Agreement with the Advisory Council on Historic Preservation (ACHP), the applicant, all seven state historic preservation officials, and consulting federal agencies. Native American tribes were also invited to sign as concurring parties under the ACHP's guidelines. The purpose of the Programmatic Agreement is to take into account the effect of the proposed Keystone Pipeline Project on historic properties and to satisfy all responsibilities under Section 106 of the National Historic Preservation Act. Consistent with its authority under Executive Order 13337, the Department reviewed all of the available information and documentation, including comments submitted by federal and state agencies and the public. On February 23, 2008, the Secretary's Delegate, Under Secretary of State for Economic, Energy, and Business Affairs Reuben Jeffery III, signed the Record of Decision and National Interest Determination, which states that issuance of the Presidential Permit for the Keystone Pipeline Project would serve the national interest. Accordingly, the Department proposes to issue the Presidential Permit to Keystone subject to certain terms and conditions. Executive Order 13337 requires that Secretaries or Heads of certain agencies be notified of the Department's proposed determination concerning issuance of the Presidential Permit. Any agency required to be consulted under Section 1(g) of the Order that disagrees with the proposed determination may notify the Secretary of State within 15 days of this notice that it disagrees with the determination and request that the Secretary refer the application to the President. If no disagreement and request for referral is registered within the prescribed period, the Presidential Permit will be signed and issued to Keystone. On February 25, the Department notified all agencies of its intent to issue the Permit as required under Section 1(g) of the order. *For Further Information Contact:* The Record of Decision and National Interest Determination, the Programmatic Agreement, the TransCanada Keystone Pipeline application for a Presidential Permit, including associated maps and drawings, the Final EIS and other project information is available for viewing and download at the project Web site: *http://www.keystonepipeline.state.gov* . For information on the proposed project contact Elizabeth Orlando, OES/ENV Room 2657, U.S. Department of State, Washington, DC 20520, or by telephone

(202)647-4284, or by fax at

(202)647-5947. U.S. Department of State, Washington, DC 20520, or by telephone

(202)647-4284, or by fax at

(202)647-5947. Issued in Washington, DC on February 25, 2008. Stephen J. Gallogly, Director, Office of International Energy and Commodity Policy, Department of State. [FR Doc. E8-4020 Filed 2-29-08; 8:45 am] BILLING CODE 4710-07-P SUSQUEHANNA RIVER BASIN COMMISSION Notice of Public Hearing and Commission Meeting AGENCY: Susquehanna River Basin Commission. ACTION: Notice of Public Hearing and Commission Meeting. SUMMARY: The Susquehanna River Basin Commission will hold a public hearing as part of its regular business meeting beginning at 1 p.m. on March 13, 2008 in Bedford, Pennsylvania. At the public hearing, the Commission will consider:

(1)A request for an administrative hearing,

(2)approval of certain water resources projects, including one enforcement action and several diversions into and out of the basin for pipeline testing, and

(3)a separate rescission of an existing docket approval. Details concerning the matters to be addressed at the public hearing and business meeting are contained in the Supplementary Information section of this notice. DATES: March 13, 2008. ADDRESSES: Bedford Springs Resort, P.O. Box 639, Bedford, Pa. See Supplementary Information section for mailing and electronic mailing addresses for submission of written comments. FOR FURTHER INFORMATION CONTACT: Richard A. Cairo, General Counsel, telephone:

(717)238-0423; ext. 306; fax:

(717)238-2436; e-mail: *rcairo@srbc.net* or Deborah J. Dickey, Secretary to the Commission, telephone:

(717)238-0423, ext. 301; fax:

(717)238-2436; e-mail: *ddickey@srbc.net.* SUPPLEMENTARY INFORMATION: In addition to the public hearing and its related action items identified below, the business meeting also includes the following items on the agenda:

(1)A special presentation on the Bedford Springs Resort renovation project,

(2)a report on the present hydrologic conditions of the basin,

(3)authorization to release for public comment a proposed increase of the consumptive use fee from its current level of 14 cents per 1,000 gallons of water consumed to 28 cents per 1,000 gallons consumed with an annual CPI adjustment,

(4)a Consumptive Use Mitigation Plan,

(5)the 2008 Water Resources Program,

(6)adjustments in the FY-09 Budget, and

(7)approval of various grants and contracts. Public Hearing—Request for Administrative Hearing 1. Project Sponsor: East Hanover Township, Dauphin Co., Pa. re: December 5, 2007 Commission approval of a consumptive use for Mountainview Thoroughbred Racing Association, Inc. Public Hearing—Projects Scheduled for Action 1. Project Sponsor and Facility: Cooperstown Dreams Park, Inc., Town of Hartwick, Otsego County, N.Y. Modification of consumptive use and surface water withdrawal approval (Docket No. 20060602). 2. Project Sponsor and Facility: Millennium Pipeline Company, L.L.C. (Chenango River), Towns of Chenango and Fenton, Broome County, N.Y. Application for surface water withdrawal of 2.480 mgd. 3. Project Sponsor and Facility: Millennium Pipeline Company, L.L.C. (Susquehanna River); Town of Windsor; Broome, Tioga, and Chemung Counties; N.Y. Application for surface water withdrawal of 4.130 mgd. 4. Project Sponsor and Facility: Millennium Pipeline Company, L.L.C. (Newtown Creek), Town of Horseheads, Chemung County, N.Y. Application for surface water withdrawal of 2.150 mgd. 5. Project Sponsor and Facility: Millennium Pipeline Company, L.L.C. (Cayuta Creek); Towns of Van Etten and Barton; Chemung and Tioga Counties, N.Y. Application for surface water withdrawal of 2.810 mgd. 6. Project Sponsor and Facility: Millennium Pipeline Company, L.L.C. (Owego Creek), Towns of Owego and Tioga, Tioga County, N.Y. Application for surface water withdrawal of 3.000 mgd. 7. Project Sponsor: Sand Springs Development Corp. Project Facility: Sand Springs Golf Community, Butler Township, Luzerne County, Pa. Modification of groundwater withdrawal approval (Docket No. 20030406). 8. Project Sponsor and Facility: First Quality Tissue, LLC, City of Lock Haven, Clinton County, Pa. Applications for consumptive water use of up to 2.500 mgd and surface water withdrawal of 10.500 mgd. 9. Project Sponsor: Wynding Brook, Inc. Project Facility: Wynding Brook Golf Club (formerly Turbot Hills Golf Club), Turbot Township, Northumberland County, Pa. Applications for consumptive water use of up to 0.283 mgd and surface water withdrawal of 0.499 mgd, and rescission of Commission Docket No. 20020808. 10. Project Sponsor: Papetti's Hygrade Egg Products, Inc. Project Facility: Michael Foods Egg Products Co., Upper Mahanoy Township, Schuylkill County, Pa. Modification of consumptive water use and groundwater withdrawal approval (Docket No. 19990903). 11. Project Sponsor and Facility: Mountainview Thoroughbred Racing Association, Inc., East Hanover Township, Dauphin County, Pa. Application for groundwater withdrawal of 0.400 mgd. 12. Project Sponsor and Facility: Bottling Group, LLC, dba The Pepsi Bottling Group—Harrisburg, Lower Paxton Township, Dauphin County, Pa. Application for consumptive water use of up to 0.466 mgd, and settlement of an outstanding compliance matter. 13. Project Sponsor: Martin Limestone, Inc. Project Facility: Burkholder Quarry, Earl Township, Lancaster County, Pa. Modification of groundwater withdrawal approval (Docket No. 20040307). 14. Project Sponsor: Golf Enterprises, Inc. Project Facility: Valley Green Golf Course, Newberry Township, York County, Pa. Modification of groundwater withdrawal approval (Docket No. 20021019). 15. Project Sponsor: Springwood, LLC Project Facility: Springwood Golf Club, York Township, York County, Pa. Applications for consumptive water use of up to 0.350 mgd and surface water withdrawal of 0.400 mgd. 16. Project Sponsor and Facility: Port Deposit Water & Sewer Authority, Town of Port Deposit, Cecil County, Md. Application for surface water withdrawal of 1.500 mgd. Public Hearing—Project Scheduled for Action Involving Diversions 1. Project Sponsor and Facility: Millennium Pipeline Company, L.L.C., Re: Nos. 2-6 above, Projects Scheduled for Action, Chemung, Tioga & Broome Counties, N.Y. A portion of the waters withdrawn by these projects (up to 3.230 mgd) will be diverted into the Delaware River Basin and the Great Lakes Basin, which will also constitute a consumptive use of water. Public Hearing—Project Scheduled for Rescission Action 1. Project Sponsor and Facility: Walsh Construction (Docket No. 20050603), Fermanagh Township, Juniata County, Pa. Opportunity To Appear and Comment Interested parties may appear at the above hearing to offer written or oral comments to the Commission on any matter on the hearing agenda, or at the business meeting to offer written or oral comments on other matters scheduled for consideration at the business meeting. The chair of the Commission reserves the right to limit oral statements in the interest of time and to otherwise control the course of the hearing and business meeting. Written comments may also be mailed to the Susquehanna River Basin Commission, 1721 North Front Street, Harrisburg, Pennsylvania 17102-2391, or submitted electronically to Richard A. Cairo, General Counsel, e-mail: *rcairo@srbc.net* or Deborah J. Dickey, Secretary to the Commission, e-mail: *ddickey@srbc.net* . Comments mailed or electronically submitted must be received prior to December 5, 2007 to be considered. Authority: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808. Dated: February 22, 2008. Thomas W. Beauduy, Deputy Director. [FR Doc. E8-3948 Filed 2-29-08; 8:45 am] BILLING CODE 7040-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Public Notice of Intent To Rule on Request To Release Surplus Airport Property at Shawnee Regional Airport, Shawnee, OK AGENCY: Federal Aviation Administration

(FAA)DOT. ACTION: Notice of request to release airport property. SUMMARY: The FAA is requesting public comment on the release of land at Shawnee Regional Airport under the provisions of Title 49, USC Section 47153(c). DATES: Comments must be received on or before April 2, 2008. ADDRESSES: Comments on this application may be mailed or delivered to the FAA at the following address: Mr. Edward N. Agnew, Manager, Federal Aviation Administration, Southwest Region, Airports Division, Arkansas/Oklahoma Airports Development Office, ASW 630, Fort Worth, Texas 76193-0630. In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Mr. James C. Collard, Shawnee City Manager, at the following address: City of Shawnee, P.O. Box 1448, Shawnee, OK 74802-1448. FOR FURTHER INFORMATION CONTACT: Mr. Donald C. Harris, Senior Program Manager, Federal Aviation Administration, Arkansas/Oklahoma Airports Development Office, ASW-631, 2601 Meacham Boulevard, Fort Worth, Texas 76193-0630. The request to release property may be reviewed in person at this same location. SUPPLEMENTARY INFORMATION: On February 13, 2008, the FAA determined that the request to release property at Shawnee Regional Airport submitted by the City of Shawnee met the procedural requirements of the Federal Aviation Regulations, Part 155. The FAA may approve the request, in whole or in part, no later than March 31, 2008. The following is a brief overview of the request: The City of Shawnee requests the release of 10.681 acres of airport property. The proceeds from the sale of property will provide $218,730 revenue for the construction of a new airport terminal facility. Any person may inspect the request in person at the FAA office listed above under FOR FURTHER INFORMATION CONTACT . In addition, any person may, upon request, inspect the application, notice and other documents germane to the application in person at the Shawnee Regional Airport. Issued in Fort Worth, Texas on February 13, 2008. Lacey D. Spriggs, Acting Manager, Airports Division. [FR Doc. 08-919 Filed 2-29-08; 8:45 am]

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