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Code · REGISTER · 2008-03-10 · Federal Retirement Thrift Investment Board · Rules and Regulations

Rules and Regulations. Proposed rule with request for comments

56,586 words·~257 min read·/register/2008/03/10/08-998

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

BILLING CODE 3510-22-S 73 47 Monday, March 10, 2008 Proposed Rules FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Part 1601 Participants' Choices of TSP Funds AGENCY: Federal Retirement Thrift Investment Board. ACTION: Proposed rule with request for comments. SUMMARY: The Federal Retirement Thrift Investment Board (Agency) proposes to amend its interfund transfer regulations to limit the number of interfund transfer requests to two per month. After a participant has made two interfund transfers in a calendar month, the participant may make additional interfund transfers only into the Government Securities Investment
(G)Fund until the first day of the next calendar month. DATES: Comments must be received on or before April 9, 2008. Comments submitted in response to the interim regulation need not be resubmitted; they will be considered as part of this rulemaking process. ADDRESSES: Comments may be sent to Thomas K. Emswiler, General Counsel, Federal Retirement Thrift Investment Board, 1250 H Street, NW., Washington, DC 20005. The Agency's Fax number is
(202)942-1676. FOR FURTHER INFORMATION CONTACT: Megan Graziano on
(202)942-1644. SUPPLEMENTARY INFORMATION: The Thrift Savings Plan
(TSP)was established by the Federal Employees' Retirement System Act of 1986 (FERSA). FERSA created a new retirement program for Federal employees which consists of a reduced defined benefit plan component supplemented by a defined contribution retirement savings and investment program commonly known as the TSP. Statutory Basis and History of TSP Interfund Transfers After three years of study, the Congress determined that the TSP would be a passive, long-term investment vehicle. This approach is consistently reflected throughout the legislative history of the enabling legislation. The statute requires two opportunities each year for participants to transfer their investments among the TSP investment funds. 5 U.S.C. 8438(d). Additional opportunities may be provided under regulations issued by the Executive Director. This “interfund transfer”
(IFT)program was first implemented in 1988 under regulations which coupled two annual IFT opportunities with the then-statutory twice-a-year contribution open seasons. The March 1989 booklet entitled *Summary of the Thrift Savings Plan for Federal Employees* introduced participants to the concept of interfund transfers as follows: You can transfer funds only twice a year, once in connection with each open season. Please consider this before you decide on the allocation of your contributions among the Funds. Your Plan contributions are invested for your retirement, and you should make your investment decision with this long-term goal in mind. This long-term investment strategy (as opposed to a short-term strategy of market-timing) remains an essential element of the TSP. The April 2007 TSP Fund Information sheets recommend a “buy and hold” strategy with periodic—as opposed to frequent—rebalancing. The enactment of legislation removing restrictions on TSP investments led to the first Agency review of the TSP interfund transfer policy. Until 1990, employees covered by the Federal Employees' Retirement System
(FERS)were allowed to invest only a percentage of their own contributions outside the Government Securities Investment
(G)Fund. All employer contributions and all contributions by employees covered by the Civil Service Retirement System could, by law, be invested only in the G Fund. The Agency asked Congress to ease these restrictions in order to simplify program administration. Congress ended the restrictions as part of the Thrift Savings Plan Technical Amendments of 1990. Going forward, all participants were to be allowed to invest or reinvest in any TSP fund. In preparing for implementation, the Agency reexamined the policy of two-a-year interfund transfers during open seasons due to the anticipated growth in the volume of IFTs. In conducting this review, the Executive Director identified four considerations: —The practices of other plans; —administrative/operational concerns; —costs; and —service to participants. The Executive Director recommended that the Agency's Board members approve de-linking IFTs from open seasons and allow up to four transfers a year. These transfers were linked to the TSP's then monthly valuation cycle, thus allowing a transfer in any month up to four times a year. This policy was based on the following findings: Other plans were liberalizing allowable IFTs; IFT request processing would be spread over more months, eliminating operational bottlenecks; trading costs would be reduced by processing smaller trades on twelve days rather than larger trades on two days each year; and, participants who missed an IFT deadline would no longer have to wait six months for another opportunity. In making his recommendation, the Executive Director cautioned that allowing more frequent transfers simply “to satisfy the demand of a relatively small group of participants, could result in increases in administrative costs to all participants which would be difficult to justify. I would also be concerned that such a policy would be viewed as encouraging participants to focus on market conditions each month in making their asset allocations. Such a short term focus would not be consistent with the Board's policy of encouraging long term financial planning for retirement.” Thus, the initial two-a-year IFT regulatory requirement was liberalized, by regulation, but only after careful study and a clear restatement of the fundamental long-term investment policy. In 1995, the policy was again reconsidered. The goal was to ensure that any participant withdrawing an account balance be permitted to transfer to the G Fund while withdrawal processing was completed. The 1995 policy review examined the same elements as the 1990 review. The Agency research found that, rather than allow one special withdrawal-based transfer, the trend among defined contribution plans was to allow at least 12 IFTs each year (this also happened to be the greatest number possible under the monthly-valued system then in place at the TSP). By that time, administrative/operational concerns were minimized for the TSP because IFT requests had largely migrated from paper processing to telephone keypad entry. After a thorough review, the Agency expanded IFT opportunities to one-a-month, twelve-a-year in April 1995. In October 1995, the Agency began designing a new TSP record keeping system. The initial plan anticipated that the new system should accommodate unlimited IFTs and have the capability to levy a charge if it was later determined that charges were necessary or desirable. However, by 1997, it was clear that frequent trading was still not a problem in the TSP. Further action on a design that would assess a charge for frequent trading was discontinued. A staff review regarding IFTs in 1998 found that the policy adopted in 1995 continued to achieve the intended policy goals. The review found that 91 percent of participants who made IFTs requested one (75 percent) or two (16 percent) during the year. Just 42 participants requested the maximum of 12. From an administrative/operational perspective, IFT requests were processed without bottlenecks via the ThriftLine (telephone keypad) and were being migrated to an even more efficient processing environment on the new TSP Web site. From an investment perspective, transfers were netted each month, thus offsetting uncorrelated “buys” with “sells” before the monthly IFT amounts were forwarded to the asset manager for investment. Further, under Agency contracts, the asset manager executed “cross trades” with other institutional investors in its commingled funds, reducing trading costs and minimizing deviations from the indexes tracked by the TSP. Participants were satisfied with the level of service, which was comparable to what was being offered in private sector plans. Further, allowing 12 unrestricted interfund transfers a year—the maximum possible number under a monthly-valued system—had had no adverse effect on administrative operations or trading costs. Therefore, no restrictions were initially required when the TSP moved from its monthly-valued record keeping system to a daily-valued platform in 2003. This had the effect of increasing interfund transfer opportunities from one per month, executed at month end, to one per business day. The Agency monitored interfund transfer activity by observing the overall number of transfers and periodically determining whether “frequent trading” was becoming a problem. For example, in 2004, the Executive Director requested a check of 2003 data which disclosed 150 participants were requesting frequent IFTs for the apparent purpose of short-term market timing. There was no apparent adverse consequence of this activity on other participants in the TSP. The Problem This situation began to change in 2006. As the number of interfund transfers increased and as a small number of participants with relatively large account balances engaged in frequent interfund transfers, a pattern started to emerge. These participants began to focus on the International Index Investment
(I)Fund, which tracks the Morgan Stanley Europe, Australasia, and Far East Index. The attraction may have been based on the notion that by the noon Eastern Time deadline for submitting an IFT request, a participant might anticipate whether overseas markets would open up or down. Since an IFT request is processed based on the closing price for the previous day, this was seen as an opportunity for arbitrage. Although “fair valuation” was introduced to eliminate the arbitrage potential, some participants, nevertheless, continued this behavior. Moreover, over the past year, this behavior has become more frequent and less random. This activity disrupts the Agency's carefully designed cost-minimization efforts in three distinct ways: Increased transaction costs (including commissions paid to brokers, transfer taxes, and market impact); increased futures/cash position; and forgone interest. Market impact, which is impossible to calculate in advance, is a major problem generated by the correlated actions of those individuals attempting to actively manage their TSP investments based on anticipated short-term market movements. By statutory design, the TSP funds are passive, long-term “pooled” investments required to replicate the performance of selected broad index funds. The intent of IFTs is to allow periodic rebalancing. There are many benefits inherent in this arrangement established by the original statute. However, the vast majority of participants who follow this long-term strategy are subjected to greater risk when a determined cohort of participants frequently moves funds in anticipation of market movements. Simply stated, when this small cohort rapidly removes funds in anticipation of short-term market losses, any losses which in fact materialize are spread over fewer remaining participants and are therefore more severe for those who maintain the long-term approach. Those who rapidly shift out secure the higher value based on the closing price for the day, while the remaining investors bear the losses when the shares are sold at the lower opening price on the following business day. An extreme example would involve a large, highly-correlated Friday afternoon transfer by market timers wishing to eliminate their exposure in the I Fund based on anticipated market losses due to world events. If those events come to pass, in particular during a three-day U.S. weekend, world markets could fall dramatically, and the smaller number of remaining investors would bear the totality of the losses. Defenders of this practice argue that the market timers might guess wrong, and, in such a case, positive earnings would be spread over a smaller investor base. They also argue that they are only controlling their own funds. This rationale, however, ignores the fact that, by their actions, these market timers are exposing passive, long-term investors to a risk they never agreed to accept. These bystanders are simply using the TSP in the passive, long-term method for which it was designed. Additionally, the market timers are forcing the fund manager to take extraordinary measures to mitigate the adverse impact of an investment behavior for which the TSP was not designed. These extraordinary measures generate costs borne by all participants and adversely affect the plan manager's ability to precisely replicate the performance of the selected indexes. Frequent rapid fire transfers in the TSP reached a zenith in October, 2007. One example: —On October 19, $371 million was transferred into the I Fund. —On October 24, three business days later, $391 million was transferred out of the I Fund. —;$295 million of those transactions was attributable to 2,018 participants who purchased on 10/19 and redeemed on 10/24. —323 of these participants transferred $250,000 or more for a total of $110 million on each day. —In the previous 60 days, these 323 participants had completed 5,804 exchanges of the I Fund for a total dollar amount of $1.9 billion. Two hundred and seventy-eight of those participants with large accounts went on to repurchase the I Fund two days later on October 26. —1,656 participants bought the I Fund on October 19, sold it on October 24 and repurchased it on October 26. Limits Established by Other Funds/Plans The Agency is not alone in recognizing the problems caused by frequent traders. Indeed, there are supplemental plans offered by some U.S. Government agencies, which have taken measures to reduce interfund transfer activity. The FDIC Savings Plan charges a 2 percent redemption fee on shares of the international stock fund which are not held for at least 90 days. The Thrift Plan for the Employees of the Federal Reserve System does not allow participants to redeem shares of any fund for 14 days after purchase. Beginning with the “late trading” scandal of 2003, the mutual fund industry began to place limits on trading. Trading limits imposed by major mutual fund groups include: Mutual fund group Trade limit Time frame AIM Funds 4 exchanges 1 calendar year. Ariel Capital Management 4 round trip exchanges 1 year. Federated 2 trades 30 days. Harbor 3 round trips (in/out within 30 days) 12 months. Hotchkiss and Wiley 1 round trip 12 month period. ING 4 trades 360 days. Janus 4 round trips 12 months (may reject even before this limit is reached.) Neuberger and Berman 1 trade 60 days. Northern 2 trades 90 days. PBHG 4 trades 360 days. Royce 1 trade 30 days. Van Eck 6 trades 360 days. Vanguard After sale cannot repurchase 60 days. Defined contribution plans which offer mutual funds as their investment choices can pass on the funds' restrictions or impose more stringent restrictions of their own. The Hewitt survey entitled *Trends and Experience in the 401(k) Plans 2007* found that 73 percent of surveyed plans have placed restrictions on some or all of their funds. While the Securities and Exchange Commission
(SEC)has no direct oversight authority with respect to the TSP, its views on frequent trading and specifically its directive to mutual fund board members is instructive. The SEC's rule 22c-2(a)(1) under the Investment Company Act of 1940, which authorizes mutual funds to impose redemption fees when it is determined that such fees are in a fund's best interest, took effect in October 2006. In the release adopting this rule (Inv. Co. Ac Rel. No. IC-26782, March 11, 2005), the SEC noted, “Excessive trading in mutual funds occurs at the expense of long-term investors, diluting the value of their shares. It may disrupt the management of a fund's portfolio and raise the fund's transaction costs because the fund manager must either hold extra cash or sell investments at inopportune times to meet redemptions.” According to the SEC: “Under the rule [22c-2], the board of directors must either
(i)approve a fee of up to 2% of the value of shares redeemed, or
(ii)determine that the imposition of a fee is not necessary or appropriate. *Id.* A board, on behalf of the fund, may determine that the imposition of a redemption fee is unnecessary or inappropriate because, for example, the fund is not vulnerable to frequent trading or the nature of the fund makes it unlikely that the fund would be harmed by frequent trading. Indeed, a redemption fee is not the only method available to a fund to address frequent trading in its shares. As we have stated in previous releases, funds have adopted different methods to address frequent trading, including
(i)restricting exchange privileges;
(ii)limiting the number of trades within a specified period;
(iii)delaying the payment of proceeds from redemptions for up to seven days (the maximum delay permitted under section 22(e) of the Act);
(iv)satisfying redemption requests in-kind; and
(v)identifying market timers and restricting their trading or barring them from the fund.” In its review of the best practices of the mutual fund industry's efforts to curb frequent trading, the Agency learned that the exact mechanisms funds employ to deter frequent trading are many and varied depending on unique circumstances, but they share two common themes: Fees or transaction limitations. Many fund families charge redemption fees for shares which are redeemed within 30, 60, or 90 days of purchase. T. Rowe Price, for example, levies fees on 27 funds, including a 2 percent redemption fee on shares of its International Index Fund and a 0.5 percent fee on shares of its Equity Index 500 and Extended Equity Market Index Funds, if they are sold within 90 days of purchase. TIAA-CREF (with $400 billion of assets under management and 3 million participants) charges a redemption fee of 2 percent on shares of its International Equity, International Equity Index, High Yield II, Small-Cap Equity, Small-Cap Growth Index, Small-Cap Value Index or Small-Cap Blend Index Funds redeemed within 60 days of purchase. We noted particularly that the fee is a percentage of the dollar amount transacted, not a flat processing charge. When brokerage firms charge $10 to execute a stock trade, they know exactly how much it costs them to make that transaction. Mutual fund managers (and the TSP) cannot determine the exact amount of costs to the plan from interfund transfer activity for the following reasons. First, each day, a price for each fund is determined based on closing stock prices for that day. However, the fund manager does not execute every stock trade at that closing price. Any difference is market impact and is charged or credited to the fund, thus impacting the returns of the long-term holders. Second, to accommodate the large trades which result from frequent IFT activity, managers must keep a larger liquidity pool, which causes performance to deviate from that of the index. Lastly, for the TSP, when the liquidity pool is depleted as a result of a number of large trades in a row, cash due to the TSP is not received for up to three days, costing participants forgone interest. None of those three costs is calculable in advance, and all three are different every single day. Because it is impossible to determine how much to charge for each transaction, mutual fund families assess a percentage of the dollar amount transacted. Many fund families employ trading restrictions similar to Vanguard's whereby an investor may not repurchase any fund within 60 days after a redemption. We would also note that both TIAA-CREF and Vanguard, among others, use a double-barreled approach by charging a fee on top of the trading restrictions for some funds. For example, if an investor sells the Vanguard Developed Markets Index Fund (similar to the TSP's I Fund) within 60 days of purchasing it, that investor is charged a 2% fee AND cannot repurchase the fund for 60 days. Proposed TSP Solution The hallmark of the TSP is simplicity. Although the problem described above may not be amenable to a single solution (as evidenced by the multi-layered restrictions including monthly limits/no-buyback rules/redemption fees imposed by various private sector funds and plans), the Agency is currently proposing a straightforward rule that will allow two unrestricted transfers each month, followed by unlimited opportunities to transfer amounts to the Government Securities Investment
(G)Fund. Our analysis on the effect of such a limitation shows that it would have reduced the historic levels of November 2007 trade dollar volumes by 53%. In developing its recommendation, the Agency chose not to pursue redemption fees because it is impossible to correctly assign the exact costs to those who are making interfund transfers. Additionally, imposing a percentage fee would deny our participants the ability to go to the safe harbor of the G Fund at any time for no charge. The Agency considers that capability to be of paramount importance. A fee-based system would especially punish an infrequent trader who may wish to redeem within 30, 60, or 90 days (depending on the policy) because the market is declining. In this situation, the participant could face losing two percent of his/her investment in addition to the market decline, a worst case scenario. Further, our approach is more liberal than most, if not all, of the restrictions reviewed. It allows participants to rebalance up to twice a month. Indeed, our two investment consultants, Mercer and Ennis Knupp, have conducted studies showing that rebalancing an account more than monthly or quarterly is ineffective. We therefore consider our approach to be more accommodating than necessary for optimal rebalancing frequency and demonstrably more liberal than the policies of 40 record keepers which use the same processing system as the TSP. The advantages of our current approach include ease of understanding by the 3.9 million TSP participants as well as administrative simplicity. In fact, the Agency's proposal will affect a very small number of TSP participants. Our review of 2007 data shows that more than 99% of participants requested 12 or fewer interfund transfers. The Agency expects that, when coupled with our educational and outreach efforts, this structural limit of two per month will virtually eliminate the problems associated with frequent interfund transfer activity. The Executive Director has sent a letter to every one of the 3.9 million participants explaining the situation and reminding all participants that the TSP was designed by Congress to be a passive, long-term vehicle designed to replicate the selected indexes. Participants whose frequent transfer requests reflect an effort to time the markets ( *i.e.* , those who request interfund transfers in reaction to, or anticipation of, short-term market conditions) might still affect the returns of others in the pooled investments, as well as the Plan's ability to replicate the indexes, through less frequent yet more determined activity. This has the potential to become a significant problem as account balances grow over time. If participants with large account balances request large interfund transfers in a non-random manner, the Agency may reconsider imposing the more restrictive limitations employed by other plans and mutual funds. If additional restrictions prove necessary, the Agency will announce additional rulemaking at a future date. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities. It will affect only Thrift Savings Plan participants and beneficiaries. To the extent that limiting interfund transfers is necessary to curb excessive trading, very few, if any, “small entities,” as defined in 5 U.S.C. 601(6), will be affected by the final rule. This is because the Thrift Savings Plan is sponsored by the U.S. Government and because the interfund transfer limitations are likely to affect primarily federal employees, members of the uniformed services, and an insubstantial number of financial advisors who may provide advice in connection with the Fund. Paperwork Reduction Act I certify that these regulations do not require additional reporting under the criteria of the Paperwork Reduction Act. Unfunded Mandates Reform Act of 1995 Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602, 632, 653, 1501-1571, the effects of this regulation on state, local, and tribal governments and the private sector have been assessed. This regulation will not compel the expenditure in any one year of $100 million or more by state, local, and tribal governments, in the aggregate, or by the private sector. Therefore, a statement under section 1532 is not required. Submission to Congress and the Government Accountability Office Pursuant to 5 U.S.C. 810(a)(1)(A), the Agency submitted a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States before publication of this rule in the **Federal Register** . This rule is not a major rule as defined at 5 U.S.C. 814(2). List of Subjects in 5 CFR Part 1601 Government employees, Pensions, Retirement. Gregory T. Long, Executive Director, Federal Retirement Thrift Investment Board. For the reasons set forth in the preamble, the Agency proposes to amend 5 CFR chapter VI as follows: PART 1601—PARTICIPANTS' CHOICES OF TSP FUNDS 1. The authority citation for part 1601 continues to read as follows: Authority: 5 U.S.C. 8351, 8438, 8474 (b)(5) and (c)(1). 2. Amend § 1601.32, by revising paragraph
(b)to read as follows: § 1601.32 Timing and Posting Dates.
(b)*Limit.* There is no limit on the number of contribution allocation requests. A participant may make two unrestricted interfund transfers (account rebalancings) per account (e.g., civilian or uniformed services), per calendar month. An interfund transfer will count toward the monthly total on the date posted by the TSP and not on the date requested by a participant. After a participant has made two interfund transfers in a calendar month, the participant may make additional interfund transfers only into the G Fund until the first day of the next calendar month. [FR Doc. E8-4776 Filed 3-7-08; 8:45 am] BILLING CODE 6760-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG-2007-0147] RIN 1625-AA08 Special Local Regulations; Recurring Marine Events in the Fifth Coast Guard District AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. SUMMARY: The Coast Guard proposes to create special local regulations to regulate recurring marine events in the Fifth Coast Guard District. These regulations would apply to all permitted events listed in the table attached to the regulation, and include events such as regattas, and marine parades. These regulations are being proposed to reduce the Coast Guard's administrative workload and expedite public notification of events. DATES: Comments and related material must reach the Coast Guard on or before April 9, 2008. ADDRESSES: You may submit comments identified by Coast Guard docket number USCG-2007-0147 to the Docket Management Facility at the U.S. Department of Transportation. To avoid duplication, please use only one of the following methods:
(1)Online: *http://www.regulations.gov.*
(2)Mail: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
(3)Hand delivery: Room W12-140 on the Ground Floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.
(4)Fax: 202-493-2251. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call Dennis Sens, Project Manager, Fifth Coast Guard District, Prevention Division, at
(757)398-6204. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826. SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to *http://www.regulations.gov* and will include any personal information you have provided. We have an agreement with the Department of Transportation
(DOT)to use the Docket Management Facility. Please see DOT's “Privacy Act” paragraph below. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG-2007-0147), indicate the specific section of this document to which each comment applies, and give the reason for each comment. We recommend that you include your name and a mailing address, an e-mail address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. You may submit your comments and material by electronic means, mail, fax, or delivery to the Docket Management Facility at the address under ADDRESSES ; but please submit your comments and material by only one means. If you submit them by mail or delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to *http://www.regulations.gov* at any time, click on “Search for Dockets,” and enter the docket number for this rulemaking (USCG-2007-0147) in the Docket ID box, and click enter. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy Act Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Department of Transportation's Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477), or you may visit *http://DocketsInfo.dot.gov.* Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one to the Docket Management Facility at the address under ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the **Federal Register** . Background and Purpose Marine events are frequently held on the navigable waters within the boundary of the Fifth Coast Guard District. For a description of the geographical area of each Coast Guard Sector—Captain of the Port Zone, please see 33 CFR 3.25. This regulation currently includes events such as sailing regattas, power boat races, swim races and holiday parades. Currently, there are over 60 annually recurring marine events and many other non-recurring events within the district. In the past, the Coast Guard regulated these events by creating individual special local regulations on a case by case basis. Most of these events required only the establishment of a regulated area and assignment of a patrol commander to ensure safety. Issuing individual, annual special local regulations has created a significant administrative burden on the Coast Guard. From 2005 to 2007 the Coast Guard created over 100 temporary regulations for marine events in the Fifth District. The numbers are expected to rise in 2008 with the growing popularity of water sports activities. Additionally, for the majority of these events, the Coast Guard does not receive notification of the event, or important details of the event are not finalized by event organizers, with sufficient time to publish a notice of proposed rulemaking and final rule before the event date. The Coast Guard must therefore create temporary final rules that sometimes are not completed until only days before the event. This results in delayed notification to the public, potentially placing the public and event participants at risk. This proposed rule would significantly relieve the administrative burden on the Coast Guard, and at the same time allow the sponsor of the event and the Coast Guard to notify the public of these events in a timely manner. The public would be provided with notice of events through the table attached to this regulation. This table lists each recurring event that may be regulated by the Coast Guard, and indicates the sponsor, as well as the date and location of the event. Because the dates and locations of these events may change slightly from year to year, the specific information on each event, including the exact dates, specific areas, and description of the regulated area, would be provided to the public through a Local Notice to Mariners published before the event, as well as through Broadcast Notice to Mariners. This table would also be updated by the Coast Guard periodically to add new recurring events, remove events that no longer occur, and update listed events to ensure accurate information is provided. Discussion of Proposed Rule This proposed rule would apply to each event listed in the attached table to this rule. Events listed in the table are events that recur annually in the Fifth Coast Guard District. The table provides the event name and sponsor, as well as an approximate date and location of the event. The specific date and regulated area for each event would be provided in a Local Notice to Mariners and Broadcast Notice to Mariners prior to each event. Some events listed in the table currently have permanent regulations published in 33 CFR part 100, and these regulations would be removed because they no longer occur regularly. For each event listed in the table, an event patrol, with a Patrol Commander in charge, may be assigned. The Patrol Commander may control the movement of all vessels in the regulated area(s). When hailed or signaled by an official patrol vessel, a vessel in these areas would be required to immediately comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both. The Coast Guard Patrol Commander may terminate the event, or the operation of any vessel participating in the event, at any time it is deemed necessary for the protection of life or property. Only event sponsors, designated participants, and official patrol vessels would be allowed to enter a regulated area. All persons and vessels not registered with the event sponsor as participants or official patrol vessels are considered spectators. Spectators may not enter the regulated area and may be confined to a designated spectator area to view the event. Spectators may contact the Coast Guard Patrol Commander to request permission to pass through the regulated area. If permission is granted, spectators would be required to pass directly through the regulated area at safe speed and without loitering. Regulatory Evaluation This proposed rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. The effect of this proposed action merely establishes the dates on which the existing regulations would be enforced and consolidates them within one regulation. It would not impose any additional restrictions on vessel traffic. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. This proposed rule would affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit or anchor in the areas where marine events are being held. This proposed regulation will not have a significant impact on a substantial number of small entities because it will only be enforced on marine events that have been permitted by the Coast Guard Captain of the Port. The Captain of the Port will ensure that small entities are able to operate in the areas where events are occurring. Additionally, in most cases, vessels will be able to safely transit around the regulated area at all times, and, with the permission of the Patrol Commander, vessels may transit through the regulated area. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES ) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed under FOR FURTHER INFORMATION CONTACT . The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)
(2)of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Commandant Instruction M16475.lD which guides the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is not likely to have a significant effect on the human environment. We believe that this rule should be categorically excluded, under figure 2-1, paragraph (34)(h), of the Instruction, from further environmental documentation. This proposed rule fits the category of paragraph 34(h) because it proposes to create special local regulations for regattas and marine parades. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. Words of Issuance and Proposed Regulatory Text For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233. 2. Revise § 100.501 to read as follows: § 100.501 Special Local Regulations; Marine Events in the Fifth Coast Guard District. The following regulations apply to the marine events listed in Table 1 of this section. These regulations will be effective annually, for the duration of each event listed in Table 1. Annual notice of the exact dates and times of the effective period of the regulation with respect to each event, the geographical area, and details concerning the nature of the event and the number of participants and type(s) of vessels involved will be published in Local Notices to Mariners and via Broadcast Notice to Mariners over VHF-FM marine band radio.
(a)*Definitions.* The following definitions apply to this section:
(1)*Coast Guard Patrol Commander.* A Patrol Commander is a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the respective Coast Guard Sector—Captain of the Port to enforce these regulations.
(2)*Official Patrol* means any vessel assigned or approved by the respective Captain of the Port with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign.
(3)*Spectators.* All persons and vessels not registered with the event sponsor as participants or official patrol vessels.
(b)*Event Patrol.* The Coast Guard may assign an event patrol, as described in § 100.40 of this part, to each regulated event listed in the table. Additionally, a Patrol Commander may be assigned to oversee the patrol. The event patrol and Patrol Commander may be contacted on VHF-FM Channel 16.
(c)*Special Local Regulations.*
(1)The Coast Guard Patrol Commander may forbid and control the movement of all vessels in the regulated area(s). When hailed or signaled by an official patrol vessel, a vessel in these areas shall immediately comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both.
(2)The Coast Guard Patrol Commander may terminate the event, or the operation of any vessel participating in the event, at any time it is deemed necessary for the protection of life or property.
(3)Only event sponsor designated participants and official patrol vessels are allowed to enter the regulated area.
(4)Spectators are only allowed inside the regulated area if they remain within a designated spectator area. Spectators may contact the Coast Guard Patrol Commander to request permission to pass through the regulated area. If permission is granted, spectators must pass directly through the regulated area at safe speed and without loitering.
(d)*Contact Information.* Questions about marine events should be addressed to the local Coast Guard Captain of the Port for the area in which the event is occurring. Contact information is listed below. For a description of the geographical area of each Coast Guard Sector—Captain of the Port zone, please see subpart 3.25 of this chapter.
(1)Coast Guard Sector Delaware Bay—Captain of the Port Zone, Philadelphia, Pennsylvania:
(215)271-4944.
(2)Coast Guard Sector Baltimore—Captain of the Port Zone, Baltimore, Maryland:
(410)576-2525.
(3)Coast Guard Sector Hampton Roads—Captain of the Port Zone, Norfolk, Virginia:
(757)483-8567.
(4)Coast Guard Sector North Carolina—Captain of the Port Zone, Atlantic Beach, North Carolina:
(252)247-4545.
(5)Coast Guard Marine Safety Unit Wilmington—Cape Fear River Captain of the Port Zone, Wilmington, North Carolina:
(910)772-2200.
(e)*Application for Marine Events.* The application requirements of § 100.15 of this part apply to all events listed in Table 1. For information on applying for a marine event, contact the Captain of the Port for the area in which the event will occur, at the phone numbers listed above. Table 1 to § 100.501.—All Coordinates Listed in Table 1 Reference Datum NAD 1983 No. Date Event Sponsor Location 1 Coast Guard Sector Delaware Bay—COTP Zone 1 June—1st Sunday Atlantic County Day at the Bay Atlantic County, New Jersey The waters of Great Egg Harbor Bay, adjacent to Somers Point, New Jersey, bounded by a line drawn along the following boundaries: the area is bounded to the north by the shoreline along John F. Kennedy Park and Somers Point, New Jersey; bounded to the east by the State Route 52 bridge; bounded to the south by a line that runs along latitude 39°18′00″ N; and bounded to the west by a line that runs along longitude 074°37′00″ W. 2 June—3rd Saturday Annual Escape from Fort Delaware Triathlon Escape from Fort Delaware Triathlon, Inc All waters of the Delaware River between Pea Patch Island and Delaware City, Delaware, bounded by a line connecting the following points: latitude 39°36′35.7″ N, longitude 075°35′25.6″ W, to latitude 39°34′57.3″ N, longitude 075°33′23.1″ W, to latitude 39°34′11.9″ N, longitude 075°34′28.6″ W, to latitude 39°35′52.4″ N, longitude 075°36′33.9″ W. 3 July—3rd Sunday OPA Atlantic City Grand Prix Offshore Performance Assn.
(OPA)The waters of the Atlantic Ocean, adjacent to Atlantic City, New Jersey, bounded by a line drawn between the following points: southeasterly from a point along the shoreline at latitude 39°21′50″ N, longitude 074°24′37″ W, to latitude 39°20′40″ N, longitude 074°23′50″ W, thence southwesterly to latitude 39°19′33″ N, longitude 074°26′52″ W, thence northwesterly to a point along the shoreline at latitude 39°20′43″ N, longitude 074°27′40″ W, thence northeasterly along the shoreline to latitude 39°21′50″ N, longitude 074°24′37″ W. 4 July—On or about July 4th U.S. holiday celebrations City of Philadelphia The waters of the Delaware River, adjacent to Philadelphia, PA and Camden, NJ, from shoreline to shoreline, bounded on the south by the Walt Whitman Bridge and bounded on the north by the Benjamin Franklin Bridge. 5 August—2nd Friday, Saturday and Sunday Point Pleasant OPA/NJ Offshore Grand Prix Offshore Performance Association
(OPA)and New Jersey Offshore Racing Assn The waters of the Atlantic Ocean bounded by a line drawn from a position along the shoreline near Normandy Beach, NJ at latitude 40°00′00″ N, longitude 074°03′30″ W, thence easterly to latitude 39°59′40″ N, longitude 074°02′00″ W, thence southwesterly to latitude 39°56′35″ N, longitude 074°03′00″ W, thence westerly to a position near the Seaside Heights Pier at latitude 39°56′35″ N, longitude 074°04′15″ W, thence northerly along the shoreline to the point of origin. 6 July—3rd Wednesday and Thursday New Jersey Offshore Grand Prix Offshore Performance Assn. & New Jersey Offshore Racing Assn The waters of the Manasquan River from the New York and Long Branch Railroad to Manasquan Inlet, together with all of the navigable waters of the United States from Asbury Park, New Jersey, latitude 40°14′00″ N; southward to Seaside Park, New Jersey latitude 39°55′00″ N, from the New Jersey shoreline seaward to the limits of the Territorial Sea. The race course area extends from Asbury Park to Seaside Park from the shoreline, seaward to a distance of 8.4 nautical miles. 7 August—4th Wednesday Thunder Over the Boardwalk Air show Atlantic City Chamber of Commerce The waters of the Atlantic Ocean, adjacent to Atlantic City, New Jersey, bounded by a line drawn between the following points: southeasterly from a point along the shoreline at latitude 39°21′31″ N, longitude 074°25′04″ W, thence to latitude 39°21′08″ N, longitude 074°24′48″ W, thence southwesterly to latitude 39°20′16″ N, longitude 074°27′17″ W, thence northwesterly to a point along the shoreline at latitude 39°20′44″ N, longitude 074°27′31″ W, thence northeasterly along the shoreline to latitude 39°21′31″ N, longitude 074°25′04″ W. 8 September—3rd Saturday Annual Escape from Fort Delaware Triathlon Escape from Fort Delaware Triathlon, Inc All waters of the Delaware River between Pea Patch Island and Delaware City, Delaware, bounded by a line connecting the following points: latitude 39°36′35.7″ N, longitude 075°35′25.6″ W, to latitude 39°34′57.3″ N, longitude 075°33′23.1″ W, to latitude 39°34′11.9″ N, longitude 075°34′28.6″ W, to latitude 39°35′52.4″ N, longitude 075°36′33.9″ W. 9 September—last Friday, Saturday and Sunday; or October-first Friday, Saturday and Sunday Sunset Lake Hydrofest Sunset Lake Hydrofest Assn All waters of Sunset Lake, New Jersey, from shoreline to shoreline, south of latitude 38°58′32″ N. 10 October—2nd Saturday and Sunday The Liberty Grand Prix Offshore Performance Assn.
(OPA)The waters of the Delaware River, adjacent to Philadelphia, PA and Camden, NJ, from shoreline to shoreline, bounded on the south by the Walt Whitman Bridge and bounded on the north by the Benjamin Franklin Bridge. 11 October—1st Monday (Columbus Day) U.S. holiday celebrations City of Philadelphia The waters of the Delaware River, adjacent to Philadelphia, PA and Camden, NJ, from shoreline to shoreline, bounded on the south by the Walt Whitman Bridge and bounded on the north by the Benjamin Franklin Bridge. 12 December—On December 31st (New Year's Eve) U.S. holiday celebrations City of Philadelphia The waters of the Delaware River, adjacent to Philadelphia, PA and Camden, NJ, from shoreline to shoreline, bounded on the south by the Walt Whitman Bridge and bounded on the north by the Benjamin Franklin Bridge. Coast Guard Sector Baltimore—COTP Zone 13 March—4th or last Saturday Safety at Sea Seminar U.S. Naval Academy All waters of the Severn River from shoreline to shoreline, bounded to the northwest by a line drawn from the south shoreline at latitude 39°00′38.9″ N., longitude 076°31′05.2″ W. thence to the north shoreline at latitude 39°00′54.7″ N., longitude 076°30′44.8″ W., this line is approximately 1300 yards northwest of the U.S. 50 fixed highway bridge. The regulated area is bounded to the southeast by a line drawn from the Naval Academy Light at latitude 38°58′39.5″ N., longitude 076°28′49″ W. thence southeast to a point 700 yards east of Chinks Point, MD at latitude 38°58′1.9″ N., longitude 076°28′1.7″ W. thence northeast to Greenbury Point at latitude 38°58′29″ N., longitude 076°27′16″ W. 14 March—last Friday, Saturday and Sunday; April and May—every Friday, Saturday and Sunday USNA Crew Races U.S. Naval Academy All waters of the Severn River from shoreline to shoreline, bounded to the northwest by a line drawn from the south shoreline at latitude 39°00′38.9″ N., longitude 076°31′05.2″ W. thence to the north shoreline at latitude 39°00'54.7″ N., longitude 076°30′44.8″ W., this line is approximately 1300 yards northwest of the U.S. 50 fixed highway bridge. The regulated area is bounded to the southeast by a line drawn from the Naval Academy Light at latitude 38°58′39.5″ N., longitude 076°28′49″ W. thence southeast to a point 700 yards east of Chinks Point, MD at latitude 38°58′1.9″ N., longitude 076°28′1.7″ W. thence northeast to Greenbury Point at latitude 38°58′29″ N., longitude 076°27′16″ W. 15 April—2nd Saturday St. Mary's Seahawk Sprint St. Mary's College of Maryland All waters of the St. Mary's River, from shoreline to shoreline, bounded to the south by a line at latitude 38°10′05″ N, and bounded to the north by a line at latitude 38°12′00″ N. 16 May—1st Sunday Nanticoke River Swim and Triathlon Nanticoke River Swim and Triathlon, Inc All waters of the Nanticoke River, including Bivalve Channel and Bivalve Harbor, bounded by a line drawn from a point on the shoreline at latitude 38°18′00″ N, longitude 075°54′00″ W, thence westerly to latitude 38°18′00″ N, longitude 075°55′00″ W, thence northerly to latitude 38°20′00″ N, longitude 075°53′48″ W, thence easterly to latitude 38°19′42″ N, longitude 075°52′54″ W. 17 May—2nd Saturday and Sunday Baltimore County Community Waterfront Festival Baltimore County All waters of Martin Lagoon that are north of a line drawn from latitude 39°19′34″ N, longitude 076°25′41″ W, thence to a position located at 39°19′33″ N, longitude 076°25′33″ W. 18 May—3rd Friday, Saturday and Sunday Dragon Boat Races at Thompson Boathouse, Georgetown, Washington, DC Dragon Boat Festival, Inc The waters of the Upper Potomac River, Washington, DC, from shoreline to shoreline, bounded upstream by the Francis Scott Key Bridge and downstream by the Roosevelt Memorial Bridge. 19 May—3rd Tuesday and Wednesday Blue Angels Air Show U.S. Naval Academy All waters of the Severn River from shoreline to shoreline, bounded to the northwest by a line drawn from the south shoreline at latitude 39°00′38.9″ N., longitude 076°31′05.2″ W. thence to the north shoreline at latitude 39°00′54.7″ N., longitude 076°30'44.8″ W., this line is approximately 1300 yards northwest of the U.S. 50 fixed highway bridge. The regulated area is bounded to the southeast by a line drawn from the Naval Academy Light at latitude 38°58′39.5″ N., longitude 076°28′49″ W. thence southeast to a point 700 yards east of Chinks Point, MD at latitude 38°58′1.9″ N., longitude 076°28′1.7″ W. thence northeast to Greenbury Point at latitude 38°58′29″ N., longitude 076°27′16″ W. 20 June—2nd Sunday The Great Chesapeake Bay Bridges Swim Races and Chesapeake Challenge One Mile Swim Great Chesapeake Bay Swim, Inc The waters of the Chesapeake Bay between and adjacent to the spans of the William P. Lane Jr. Memorial Bridge shore to shore 500 yards north of the north span of the bridge from the western shore at latitude 39°00′36″ N, longitude 076°23′05″ W and the eastern shore at latitude 38°59′14″ N, longitude 076°20′00″ W, and 500 yards sough of the south span of the bridge from the western shore at latitude 39°00′16″ N, longitude 076°24′30″ W and the eastern shore at latitude 38°58'38.5″ N, longitude 076°20′06″ W. 21 June—3rd Saturday or July—3rd Saturday Maryland Swim for Life District of Columbia Aquatics Club The waters of the Chester River from shoreline to shoreline, bounded on the south by a line drawn at latitude 39°10′16″ N, near the Chester River Channel Buoy 35 (LLN-26795) and bounded on the north at latitude 39°12′30″ N by the Maryland S.R. 213 Highway Bridge. 22 June—last Saturday and Sunday Bo Bowman Memorial—Sharptown Regatta Virginia/Carolina Racing Assn All waters of the Nanticoke River, near Sharptown, Maryland, between Maryland S.R. 313 Highway Bridge and Nanticoke River Light 43 (LLN-24175), bounded by a line drawn between the following points: southeasterly from latitude 38°32′46″ N, longitude 075°43′14″ W, to latitude 38°32′42″ N, longitude 075°43′09″ W, thence northeasterly to latitude 38°33′04″ N, longitude 075°42′39″ W, thence northwesterly to latitude 38°33′09″ N, longitude 075°42′44″ W, thence southwesterly to latitude 38°32′46″ N, longitude 075°43′14″ W. 23 August—1st Saturday and Sunday Thunder on the Narrows Kent Narrows Racing Assn All waters of Prospect Bay enclosed by the following points: latitude 38°57′52.0″ N, longitude 076°14′48.0″ W, to latitude 38°58′02.0″ N, longitude 076°15′05.0″ W, to latitude 38°57′38.0″ N, longitude 076°15′29.0″ W, to latitude 38°57′28.0″ N, longitude 076°15′23.0″ W, to latitude 38°57′52.0″ N, longitude 076°14′48.0″ W. 24 Labor Day weekend —Saturday and Sunday, or Monday Annual Ragin on the River Port Deposit, MD, Chamber of Commerce The waters of the Susquehanna River, adjacent to Port Deposit, Maryland, from shoreline to shoreline, bounded on the south by the U.S. I-95 fixed highway bridge, and bounded on the north by a line running southwesterly from a point along the shoreline at latitude 39°36′22″ N, longitude 076°07′08″ W, thence to latitude 39°36′00″ N, longitude 076°07′46″ W. 25 September—2nd Saturday Dragon Boat Races in the Inner Harbor Associated Catholic Charities, Inc The waters of the Patapsco River, Baltimore, MD, Inner Harbor from shoreline to shoreline, bounded on the east by a line drawn along longitude 076°36′30″ W. 26 September—2nd Sunday Annapolis Triathlon Swim City of Annapolis and the Annapolis Triathlon Club The approaches to Annapolis Harbor, the waters of Spa Creek, and the Severn River, shore to shore, bounded on the south by a line drawn from Carr Point, at latitude 38°58′58.0″ N, longitude 076°27′40.0″ W, thence to Horn Point Warning Light (LLNR 17935), at 38°58′24.0″ N, longitude 076°28′10.0″ W, thence to Horn Point, at 38°58′20.0″ N, longitude 076°28′27.0″ W, and bounded on the north by the State Route 450 Bridge. 27 September—4th or last Saturday and Sunday Cambridge Offshore Challenge Chesapeake Bay Powerboat Association All waters of the Choptank River, from shoreline to shoreline, bounded to the west by the Route 50 Bridge and bounded to the east by a line drawn along longitude 076° W, between Goose Point, MD and Oystershell Point, MD. 28 September—last Saturday Chesapeakeman Ultra Triathlon Columbia Triathlon Assn. Inc All waters of the Choptank River within 200 yards either side of a line drawn northwesterly from a point on the shoreline at latitude 38°33′45″ N, longitude 076°02′38″ W, thence to latitude 38°35′06″ N, longitude 076°04′42″ W, a position located at Great Marsh Park, Cambridge, MD. 29 October—last Saturday or November—1st Saturday Tug of War City of Annapolis The waters of Spa Creek from shoreline to shoreline, extending 400 feet from either side of a rope spanning Spa Creek from a position at latitude 38°58′36.9″ N, longitude 076°29′03.8″ W on the Annapolis shoreline to a position at latitude 38°58′26.4″ N, longitude 076°28′53.7″ W on the Eastport shoreline. 30 December—2nd Saturday Eastport Yacht Club Boat Parade Eastport Yacht Club The approaches to Annapolis Harbor, the waters of Spa Creek, and the Severn River, shore to shore, bounded on the south by a line drawn from Carr Point, at latitude 38°58′58.0″ N, longitude 076°27′40.0″ W, thence to Horn Point Warning Light (LLNR 17935), at 38°58′24.0″ N, longitude 076°28′10.0″ W, thence to Horn Point, at 38°58′20.0″ N, longitude 076°28′27.0″ W, and bounded on the north by the State Route 450 Bridge. Coast Guard Sector Hampton Roads—COTP Zone 31 March—4th or last Friday and Saturday Virginia state hydroplane championships Virginia Boat Racing Assn All waters of the Western Branch, Elizabeth River bounded by a line connecting the following points: latitude 36°50′18″ N, longitude 076°23′10″ W, to latitude 36°50′18″ N, longitude 076°21′42″ W, to latitude 36°50′12″ N, longitude 076°21′42″ W, to latitude 36°50′12″ N, longitude 076°23′10″ W, to latitude 36°50′18″ N, longitude 076°23′10″ W. 32 April—3rd Friday and Saturday Hydroplane races Virginia Boat Racing Assn All waters of the Western Branch, Elizabeth River bounded by a line connecting the following points: latitude 36°50′18″ N, longitude 076°23′10″ W, to latitude 36°50′18″ N, longitude 076°21′42″ W, to latitude 36°50′12″ N, longitude 076°21′42″ W, to latitude 36°50′12″ N, longitude 076°23′10″ W, to latitude 36°50′18″ N, longitude 076°23′10″ W. 33 April—4th Friday and Saturday Crawford Bay Crew Classic Port Events, Inc The waters of the Southern Branch, Elizabeth River from shoreline to shoreline bounded to the south by a line drawn from latitude 36°49′11.0″ N, longitude 076°17′33.0″ W to latitude 36°49′11.0″ N, longitude 076°17′22.0″ W and bounded to the north by a line drawn from latitude 36°50′17.5″ N, longitude 076°17′45.0″ W to latitude 36°50′17.5″ N, longitude 076°17′30.0″ W. 34 April—4th Saturday and Sunday Wet Spring Regatta Windsurfing Enthusiasts of Tidewater The waters of Willoughby Bay contained within the following coordinates: latitude 36°58′36″ N, longitude 076°18′42″ W, to latitude 36°58′00″ N, longitude 076°18′00″ W, to latitude 36°57′49″ N, longitude 076°18′14″ W, to latitude 36°57′36″ N, longitude 076°17′55″ W, to latitude 36°57′26″ N, longitude 076°18′06″ W, to latitude 36°58′15″ N, longitude 076°19′08″ W, to latitude 36°58′36″ N, longitude 076°18′42″ W. 35 May—2nd Friday and Saturday Hydroplane races Virginia Boat Racing Assn All waters of the Western Branch, Elizabeth River bounded by a line connecting the following points: latitude 36°50′18″ N, longitude 076°23′10″ W, to latitude 36°50′18″ N, longitude 076°21′42″ W, to latitude 36°50′12″ N, longitude 076°21′42″ W, to latitude 36°50′12″ N, longitude 076°23′10″ W, to latitude 36°50′18″ N, longitude 076°23′10″ W. 36 May—last Friday, Saturday and Sunday or June—1st Friday, Saturday and Sunday Blackbeard Festival Hampton Event Makers The waters of Sunset Creek and Hampton River shore to shore bounded to the north by the C & O Railroad Bridge and to the south by a line drawn from Hampton River Channel Light 16 (LL 5715), located at latitude 37°01′03.0″ N, longitude 76°20'26.0″ W, to the finger pier across the river at Fisherman's Wharf, located at latitude 37°01′01.5″ N, longitude 76°20′32.0″ W. Spectator Vessel Anchorage Areas—Area A: Located in the upper reaches of the Hampton River, bounded to the south by a line drawn from the western shore at latitude 37°01′48.0″ N, longitude 76°20′22.0″ W, across the river to the eastern shore at latitude 37°01′44.0″ N, longitude 76°20′13.0″ W, and to the north by the C & O Railroad Bridge. The anchorage area will be marked by orange buoys. Area B: Located on the eastern side of the channel, in the Hampton River, south of the Queen Street Bridge, near the Riverside Health Center. Bounded by the shoreline and a line drawn between the following points: Latitude 37°01′26.0″ N, longitude 76°20′24.0″ W, latitude 37°01′22.0″ N, longitude 76°20′26.0″ W, and latitude 37°01′22.0″ N, longitude 76°20′23.0″ W. The anchorage area will be marked by orange buoys. 37 June—1st Friday, Saturday and Sunday Norfolk Harborfest Norfolk Festevents, Ltd The waters of the Elizabeth River and its branches from shore to shore, bounded to the northwest by a line drawn across the Port Norfolk Reach section of the Elizabeth River between the northern corner of the landing at Hospital Point, Portsmouth, Virginia, latitude 36°50′51.0″ N, longitude 076°18′09.0″ W and the north corner of the City of Norfolk Mooring Pier at the foot of Brooks Avenue located at latitude 36°51′00.0″ N, longitude 076°17′52.0″ W; bounded on the southwest by a line drawn from the southern corner of the landing at Hospital Point, Portsmouth, Virginia, at latitude 36°50′50.0″ N, longitude 076°18′10.0″ W, to the northern end of the eastern most pier at the Tidewater Yacht Agency Marina, located at latitude 36°50′29.0″ N, longitude 076°17′52.0″ W; bounded to the south by a line drawn across the Lower Reach of the Southern Branch of the Elizabeth River, between the Portsmouth Lightship Museum located at the foot of London Boulevard, in Portsmouth, Virginia at latitude 36°50′10.0″ N, longitude 076°17′47.0″ W, and the northwest corner of the Norfolk Shipbuilding & Drydock, Berkley Plant, Pier No. 1, located at latitude 36°50′08.0″ N, longitude 076°17′39.0″ W; and to the southeast by the Berkley Bridge which crosses the Eastern Branch of the Elizabeth River between Berkley at latitude 36°50′21.5″ N, longitude 076°17′14.5″ W, and Norfolk at latitude 36°50′35.0″ N, longitude 076°17′10.0″ W. 38 June—1st Friday and Saturday Ocean City Maryland Offshore Challenge Offshore Performance Assn. Racing, LLC The waters of the Atlantic Ocean commencing at a point on the shoreline at latitude 38°25′42″ N, longitude 075°03′06″ W; thence east southeast to latitude 38°25′30″ N, longitude 075°02′12″ W, thence south southwest parallel to the Ocean City shoreline to latitude 38°19′12″ N, longitude 075°03′48″ W; thence west northwest to the shoreline at latitude 38°19′30″ N, longitude 075°05′00″ W. The waters of the Atlantic Ocean bounded by a line drawn from a position along the shoreline near Ocean City, MD at latitude 38°22′25.2″ N, longitude 075°03′49.4″ W, thence easterly to latitude 38°22′00.4″ N, longitude 075°02′34.8″ W, thence southwesterly to latitude 38°19′35.9″ N, longitude 075°03′35.4″ W, thence westerly to a position near the shoreline at latitude 38°20′05″ N, longitude 075°04′48.4″ W, thence northerly along the shoreline to the point of origin. 39 June—3rd Saturday Cock Island Race Ports Events, Inc The waters of the Elizabeth River and its branches from shore to shore, bounded to the northwest by a line drawn across the Port Norfolk Reach section of the Elizabeth River between the northern corner of the landing at Hospital Point, Portsmouth, Virginia, latitude 36°50′51.0″ N, longitude 076°18′09.0″ W and the north corner of the City of Norfolk Mooring Pier at the foot of Brooks Avenue located at latitude 36°51′00.0″ N, longitude 076°17′52.0″ W; bounded on the southwest by a line drawn from the southern corner of the landing at Hospital Point, Portsmouth, Virginia, at latitude 36°50′50.0″ N, longitude 076°18′10.0″ W, to the northern end of the eastern most pier at the Tidewater Yacht Agency Marina, located at latitude 36°50′29.0″ N, longitude 076°17′52.0″ W; bounded to the south by a line drawn across the Lower Reach of the Southern Branch of the Elizabeth River, between the Portsmouth Lightship Museum located at the foot of London Boulevard, in Portsmouth, Virginia at latitude 36°50′10.0″ N, longitude 076°17′47.0″ W, and the northwest corner of the Norfolk Shipbuilding & Drydock, Berkley Plant, Pier No. 1, located at latitude 36°50′08.0″ N, longitude 076°17′39.0″ W; and to the southeast by the Berkley Bridge which crosses the Eastern Branch of the Elizabeth River between Berkley at latitude 36°50′21.5″ N, longitude 076°17′14.5″ W, and Norfolk at latitude 36°50′35.0″ N, longitude 076°17′10.0″ W. 40 June—last Saturday RRBA Spring Radar Shootout Rappahannock River Boaters Association
(RRBA)The waters of the Rappahannock River, adjacent to Layton, VA, from shoreline to shoreline, bounded on the west by a line running along longitude 076°58′30″ W, and bounded on the east by a line running along longitude 076°56′00″ W. 41 July—3rd Sunday Watermen's Heritage Festival Workboat Races Watermen's Museum of Yorktown, VA The waters of the York River, Yorktown, Virginia, bounded on the west by a line drawn along longitude 076°31′30″ W, bounded on the east by a line drawn along longitude 076°30′50″ W, bounded on the south by the shoreline and bounded on the north by a line drawn parallel and 400 yards north of the southern shoreline. 42 July—last Wednesday and following Friday Pony Penning Swim Chincoteague Volunteer Fire Department The waters of Assateague Channel from shoreline to shoreline, bounded to the east by a line drawn from latitude 37°55′01″ N, longitude 075°22′40″ W, to latitude 37°54′50″ N, longitude 075°22′46″ W, and to the west by a line drawn from latitude 37°54′54.0″ N, longitude 075°23′00″ W, to latitude 37°54′49″ N, longitude 075°22′49″ W. 43 August—1st Friday, Saturday and Sunday Power boat race East Coast Boat Racing Club of New Jersey The waters of the Chesapeake Bay, along the shoreline adjacent to Cape Charles, Virginia, to and including waters up to 300 yards offshore, parallel with the Cape Charles Beach shoreline in this area. The area is bounded on the south by a line running northwesterly from the Cape Charles shoreline at latitude 37°16′.2″ N, longitude 076°01'28.5″ W, to a point offshore approximately 300 yards at latitude 37°16′3.4″ N, longitude 076°01′36.6″ W, and bounded on the north by a line running northwesterly from the Cape Charles shoreline at latitude 37°16′26.2″ N, longitude 076°01′14″ W, to a point offshore approximately 300 yards at latitude 37°16′28.9″ N, longitude 076°01′24.1″ W. 44 August—2nd Friday, Saturday and Sunday Hampton Cup Regatta Virginia Boat Racing Association The waters of Mill Creek, adjacent to Fort Monroe, Hampton, Virginia, enclosed by the following boundaries: to the north, a line drawn along latitude 37°01′00″ N, to the east a line drawn along longitude 076°18′30″ W, to the south a line parallel with the shoreline adjacent to Fort Monroe, and the west boundary is parallel with the Route 258—Mercury Boulevard Bridge. 45 September—2nd Friday and Saturday Ocean City power boat race Offshore Performance Assn. Racing, LLC The waters of the Atlantic Ocean commencing at a point on the shoreline at latitude 38°25′42″ N, longitude 075°03′06″ W; thence east southeast to latitude 38°25′30″ N, longitude 075°02′12″ W, thence south southwest parallel to the Ocean City shoreline to latitude 38°19′12″ N, longitude 075°03′48″ W; thence west northwest to the shoreline at latitude 38°19′30″ N, longitude 075°05′00″ W. The waters of the Atlantic Ocean bounded by a line drawn from a position along the shoreline near Ocean City, MD at latitude 38°22′25.2″ N, longitude 075°03′49.4″ W, thence easterly to latitude 38°22′00.4″ N, longitude 075°02′34.8″ W, thence southwesterly to latitude 38°19′35.9″ N, longitude 075°03′35.4″ W, thence westerly to a position near the shoreline at latitude 38°20′05″ N, longitude 075°04′48.4″ W, thence northerly along the shoreline to the point of origin. 46 September—2nd Friday, Saturday and Sunday Hampton Bay Days Festival Hampton Bay Days Inc The waters of Sunset Creek and Hampton River shore to shore bounded to the north by the C & O Railroad Bridge and to the south by a line drawn from Hampton River Channel Light 16 (LL 5715), located at latitude 37°01′03.0″ N, longitude 076°20′26.0″ W, to the finger pier across the river at Fisherman's Wharf, located at latitude 37°01′01.5″ N, longitude 076°20′32.0″ W. 47 October—1st Saturday and Sunday Virginia Boat Racing Association Clarksville Hydroplane Challenge The waters of the John H. Kerr Reservoir, adjacent to the State Route 15 Highway Bridge and Occoneechee State Park, Clarksville, Virginia, from shoreline to shoreline, bounded on the south by a line running northeasterly from a point along the shoreline at latitude 36°37′14″ N, longitude 078°32′46.5″ W, thence to latitude 36°37′39.2″ N, longitude 078°32′08.8″ W, and bounded on the north by the State Route 15 Highway Bridge. 48 October—2nd Friday U.S. Navy Fleet Week Celebration U.S. Navy The waters of the Elizabeth River and its branches from shore to shore, bounded to the northwest by a line drawn across the Port Norfolk Reach section of the Elizabeth River between the northern corner of the landing at Hospital Point, Portsmouth, Virginia, latitude 36°50'51.0″ N, longitude 076°18'09.0″ W and the north corner of the City of Norfolk Mooring Pier at the foot of Brooks Avenue located at latitude 36°51'00.0″ N, longitude 076°17′52.0″ W; bounded on the southwest by a line drawn from the southern corner of the landing at Hospital Point, Portsmouth, Virginia, at latitude 36°50′50.0″ N, longitude 076°18′10.0″ W, to the northern end of the eastern most pier at the Tidewater Yacht Agency Marina, located at latitude 36°50'29.0″ N, longitude 076°17′52.0″ W; bounded to the south by a line drawn across the Lower Reach of the Southern Branch of the Elizabeth River, between the Portsmouth Lightship Museum located at the foot of London Boulevard, in Portsmouth, Virginia at latitude 36°50′10.0″ N, longitude 076°17′47.0″ W, and the northwest corner of the Norfolk Shipbuilding & Drydock, Berkley Plant, Pier No. 1, located at latitude 36°50′08.0″ N, longitude 076°17′39.0″ W; and to the southeast by the Berkley Bridge which crosses the Eastern Branch of the Elizabeth River between Berkley at latitude 36°50′21.5″ N, longitude 076°17′14.5″ W, and Norfolk at latitude 36°50′35.0″ N, longitude 076°17′10.0″ W. 49 October—2nd Saturday and Sunday Hydroplane races Virginia Boat Racing Assn All waters of the Western Branch, Elizabeth River bounded by a line connecting the following points: latitude 36°50′18″ N, longitude 076°23′10″ W, to latitude 36°50′18″ N, longitude 076°21′42″ W, to latitude 36°50′12″ N, longitude 076°21′42″ W, to latitude 36°50′12″ N, longitude 076°23′10″ W, to latitude 36°50′18″ N, longitude 076°23′10″ W. 50 October—2nd Sunday Poquoson Seafood Festival Workboat Races City of Poquoson The waters of the Back River, Poquoson, Virginia, bounded on the north by a line drawn along latitude 37°06′30″ N, bounded on the south by a line drawn along latitude 37°06′15″ N, bounded on the east by a line drawn along longitude 076°18′52″ W and bounded on the west by a line drawn along longitude 076°19′30″ W. 51 October—last Saturday and Sunday Hampton Roads Sailboard Classic Windsurfing Enthusiasts of Tidewater The waters of Willoughby Bay contained within the following coordinates: latitude 36°58′36″ N, longitude 076°18′42″ W, to latitude 36°58′00″ N, longitude 076°18′00″ W, to latitude 36°57′49″ N, longitude 076°18′14″ W, to latitude 36°57′36″ N, longitude 076°17′55″ W, to latitude 36°57′26″ N, longitude 076°18′06″ W, to latitude 36°58′15″ N, longitude 076°19′08″ W, to latitude 36°58′36″ N, longitude 076°18′42″ W. 52 November—1st Friday and Saturday International Search and Rescue Competition U.S. Coast Guard and Canadian Auxiliaries The waters of the Southern Branch of the Elizabeth River including the North Ferry Landing, from shoreline to shoreline, bounded to the north by a line drawn along Latitude 36°50′23″ N and bounded to the south by a line drawn along Latitude 36°50′12″ N. 53 November—4th or last Saturday Holidays in the City Norfolk Festevents, Ltd The waters of the Elizabeth River and its branches from shore to shore, bounded to the northwest by a line drawn across the Port Norfolk Reach section of the Elizabeth River between the northern corner of the landing at Hospital Point, Portsmouth, Virginia, latitude 36°50′51.0″ N, longitude 076°18′09.0″ W and the north corner of the City of Norfolk Mooring Pier at the foot of Brooks Avenue located at latitude 36°51′00.0″ N, longitude 076°17′52.0″ W; bounded on the southwest by a line drawn from the southern corner of the landing at Hospital Point, Portsmouth, Virginia, at latitude 36°50′50.0″ N, longitude 076°18′10.0″ W, to the northern end of the eastern most pier at the Tidewater Yacht Agency Marina, located at latitude 36°50′29.0″ N, longitude 076°17′52.0″ W; bounded to the south by a line drawn across the Lower Reach of the Southern Branch of the Elizabeth River, between the Portsmouth Lightship Museum located at the foot of London Boulevard, in Portsmouth, Virginia at latitude 36°50′10.0″ N, longitude 076°17′47.0″ W, and the northwest corner of the Norfolk Shipbuilding & Drydock, Berkley Plant, Pier No. 1, located at latitude 36°50′08.0″ N, longitude 076°17′39.0″ W; and to the southeast by the Berkley Bridge which crosses the Eastern Branch of the Elizabeth River between Berkley at latitude 36°50′21.5″ N, longitude 076°17′14.5″ W, and Norfolk at latitude 36°50′35.0″ N, longitude 076°17′10.0″ W. Coast Guard Sector North Carolina—COTP Zone 54 June—2nd Saturday and Sunday Carolina Cup Regatta Virginia Boat Racing Assn The waters of the Pasquotank River, adjacent to Elizabeth City, NC, from shoreline to shoreline, bounded on the west by the Elizabeth City Draw Bridge and bounded on the east by a line originating at a point along the shoreline at latitude 36°17′54″ N, longitude 076°12′00″ W, thence southwesterly to latitude 36°17′35″ N, longitude 076°12′18″ W at Cottage Point. 55 August—1st Friday, Saturday and Sunday SBIP—Fountain Powerboats Kilo Run and Super Boat Grand Prix Super Boat International Productions (SBIP), Inc The waters of the Pamlico River including Chocowinity Bay, from shoreline to shoreline, bounded on the south by a line running northeasterly from Camp Hardee at latitude 35°28′23″ N, longitude 076°59′23″ W, to Broad Creek Point at latitude 35°29′04″ N, longitude 076°58′44″ W, and bounded on the north by the Norfolk Southern Railroad Bridge. 56 September—4th or last Sunday Crystal Coast Super Boat Grand Prix Super Boat International Productions Inc The waters of Bogue Sound, adjacent to Morehead City, NC, from the southern tip of Sugar Loaf Island approximate position latitude 34°42′55″ N, longitude 076°42′48″ W, thence westerly to Morehead City Channel Day beacon 7 (LLNR 38620), thence southwest along the channel line to Bogue Sound Light 4 (LLRN 38770), thence southerly to Causeway Channel Day beacon 2 (LLNR 38720), thence southeasterly to Money Island Day beacon 1 (LLNR 38645), thence easterly to Eight and One Half Marina Day beacon 2 (LLNR 38685), thence easterly to the western most shoreline of Brant Island approximate position latitude 34°42′36″ N, longitude 076°42′11″ W, thence northeasterly along the shoreline to Tombstone Point approximate position latitude 34°42′14″ N, longitude 076°41′20″ W, thence southeasterly to the east end of the pier at Coast Guard Sector North Carolina approximate position latitude 34°42′00″ N, longitude 076°40′52″ W, thence easterly to Morehead City Channel Buoy 20 (LLNR 29427), thence northerly to Beaufort Harbor Channel LT 1BH (LLNR 34810), thence northwesterly to the southern tip of Radio Island approximate position latitude 34°42′22″ N, longitude 076°40′52″ W, thence northerly along the shoreline to approximate position latitude 34°43′00″ N, longitude 076°41′25″ W, thence westerly to the North Carolina State Port Facility, thence westerly along the State Port to the southwest corner approximate position latitude 34°42′55″ N, longitude 076°42′12″ W, thence westerly to the southern tip of Sugar Loaf Island the point of origin. 57 September—last Saturday Wilmington YMCA Triathlon Wilmington, NC, YMCA The waters of, and adjacent to, Wrightsville Channel, from Wrightsville Channel Day beacon 14 (LLNR 28040), located at 34°12′18″ N, longitude 077°48′10″ W, to Wrightsville Channel Day beacon 25 (LLNR 28080), located at 34°12′51″ N, longitude 77°48′53″ W. § 100.502 [Removed]. 3. Remove section 100.502. § 100.504 [Removed]. 4. Remove section 100.504. § 100.505 [Removed]. 5. Remove section 100.505. § 100.506 [Removed]. 6. Remove section 100.506. § 100.507 [Removed]. 7. Remove section 100.507. § 100.508 [Removed]. 8. Remove section 100.508. § 100.509 [Removed]. 9. Remove section 100.509. § 100.510 [Removed]. 10. Remove section 100.510. § 100.511 [Removed]. 11. Remove section 100.511. § 100.512 [Removed]. 12. Remove section 100.512. § 100.513 [Removed]. 13. Remove section 100.513. § 100.514 [Removed]. 14. Remove section 100.514. § 100.515 [Removed]. 15. Remove section 100.515. § 100.517 [Removed]. 16. Remove section 100.517. § 100.518 [Removed]. 17. Remove section 100.518. § 100.519 [Removed]. 18. Remove section 100.519. § 100.520 [Removed]. 19. Remove section 100.520. § 100.522 [Removed]. 20. Remove section 100.522. § 100.523 [Removed]. 21. Remove section 100.523. § 100.525 [Removed]. 22. Remove section 100.525. § 100.526 [Removed]. 23. Remove section 100.526. § 100.527 [Removed]. 24. Remove section 100.527. § 100.529 [Removed]. 25. Remove section 100.529. § 100.530 [Removed]. 26. Remove section 100.530. § 100.531 [Removed]. 27. Remove section 100.531. § 100.532 [Removed]. 28. Remove section 100.532. § 100.533 [Removed]. 29. Remove section 100.533. § 100.534 [Removed]. 30. Remove section 100.534. § 100.535 [Removed]. 31. Remove section 100.535. § 100.536 [Removed]. 32. Remove section 100.536. Dated: February 28, 2008. Fred M. Rosa, Jr., Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E8-4707 Filed 3-7-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 1 [Docket No. PTO-P-2006-0004] RIN 0651-AC00 Examination of Patent Applications That Include Claims Containing Alternative Language AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Proposed rule; request for comment on initial regulatory flexibility analysis. SUMMARY: The United States Patent and Trademark Office (Office) published a notice proposing to revise the rules of practice pertaining to any claim using alternative language to claim two or more independent and distinct inventions (Alternative Claims Notice of Proposed Rule Making). The Office has prepared an initial regulatory flexibility analysis
(IRFA)on this proposed change to the rules of practice. This notice publishes the IRFA and requests public comment on the IRFA. This notice also invites public comment on the Alternative Claims Notice of Proposed Rule Making. DATES: Written comments on the IRFA or Alternative Claims Notice of Proposed Rule Making must be received on or before April 9, 2008. No public hearing will be held. ADDRESSES: Comments should be sent by electronic mail message over the Internet. Comments on the IRFA should be addressed to *markush-irfa.comments@uspto.gov* , and comments on the proposed rule changes in the Alternative Claims Notice of Proposed Rule Making should be addressed to *markush.comments@uspto.gov* . Comments may also be submitted by mail addressed to: Mail Stop Comments—Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, or by facsimile to
(571)273-7754, marked to the attention of Kathleen Kahler Fonda, Legal Advisor, Office of Patent Legal Administration. Although comments may be submitted by mail or facsimile, the Office prefers to receive comments via the Internet. Comments may also be sent by electronic mail message over the Internet via the Federal eRulemaking Portal. See the Federal eRulemaking Portal Web site ( *http://www.regulations.gov* ) for additional instructions on providing comments via the Federal eRulemaking Portal. The comments will be available for public inspection at the Office of the Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available on the Office's Internet Web site at ( *http://www.uspto.gov* ). Because comments will be made available for public inspection, information that the submitter does not desire to make public, such as an address or phone number, should not be included in the comments. FOR FURTHER INFORMATION CONTACT: Kathleen Kahler Fonda, Legal Advisor, Office of the Deputy Commissioner for Patent Examination Policy, by telephone at
(571)272-7754; by mail addressed to: Box Comments Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450; or by facsimile to
(571)273-7754, marked to the attention of Kathleen Kahler Fonda. SUPPLEMENTARY INFORMATION: The Office published the Alternative Claims Notice of Proposed Rule Making in the **Federal Register** in August of 2007. *See Examination of Patent Applications That Include Claims Containing Alternative Language* , 72 FR 44992 (Aug. 10, 2007), republished at 1322 *Off. Gaz. Pat. Office* 22 (Sept. 4, 2007). This notice supplements the Alternative Claims Notice of Proposed Rule Making. The Alternative Claims Notice of Proposed Rule Making indicated that the changes being proposed involve rules of agency practice and procedure for which prior notice and an opportunity for public comment are not required pursuant to 5 U.S.C. 553 (or any other law), and thus neither a regulatory flexibility analysis nor a certification under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) is required under 5 U.S.C. 603. *See Examination of Patent Applications That Include Claims Containing Alternative Language* , 72 FR at 44999. The Office received several comments concerning the impact of the proposed rules on small businesses and independent inventors. The Office continues to believe that a regulatory flexibility analysis is not required for the Alternative Claims Notice of Proposed Rule Making. The Office, however, has decided to subject the proposed rules to a regulatory flexibility analysis to provide a further opportunity for comment on the small business impact of the proposed rules. Specifically, the Office has commissioned a detailed analysis of the impact of the proposed rules on small entities, and has prepared an IRFA. This notice publishes and requests public comment on the IRFA. The Alternative Claims Notice of Proposed Rule Making indicated that comments on the proposed changes to the rules of practice were to have been submitted by October 9, 2007. This notice also provides another opportunity to submit comments on the changes to the rules of practice proposed in the Alternative Claims Notice of Proposed Rule Making. 1. *Description of the reasons that action by the agency is being considered:* The Office is proposing to revise the rules of practice pertaining to any claim using alternative language because patent applicants sometimes use Markush or other alternative formats to claim two or more independent and distinct inventions and/or to recite hundreds, if not thousands, of alternative embodiments in one claim. Such claims are confusing, difficult to understand, and frequently border on being unmanageable. Proper search of such complex claims, particularly those using Markush language, often consume a disproportionate amount of Office resources as compared to other types of claims. The prosecution of these complex claims likewise often requires separate examination and patentability determinations for each of the alternatives within the claim, *e.g.* , if the alternatives raise separate prior art, enablement, or utility issues. Furthermore, the variety and frequency of alternatives recited in claims filed in applications pending before the Office, driven in part by trends in emerging technologies, have exacerbated problems with pendency. *See Examination of Patent Applications That Include Claims Containing Alternative Language* , 72 FR at 44992-97. 2. *Succinct statement of the objectives of, and legal basis for, the proposed rules:* The objective of the proposed changes is to improve practices pertaining to claims that recite alternatives in a manner that will enhance the Office's ability to grant quality patents that effectively promote innovation in a timely manner. *See Examination of Patent Applications That Include Claims Containing Alternative Language* , 72 FR at 44992. The authority for the proposed changes is 35 U.S.C. 2(b)(2)(A) and
(C)(authorizes the establishment of regulations to govern the conduct of proceedings in the Office and facilitate and expedite the processing of patent applications), 112 (requires applicants to submit one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention), 121 (authorizes the Office to restrict an application to a single invention when two or more independent and distinct inventions are claimed), and 131 (authorizes the Office to cause an examination to be made of an application). *See In re Harnisch* , 631 F.2d 716, 722 n.6, 206 USPQ 300, 306 n.6 (CCPA 1980) (inviting the Office to exercise its rule making powers to forestall procedural problems arising from Markush claims). 3. *Description and estimate of the number of affected small entities:* The Small Business Administration
(SBA)small business size standards applicable to most analyses conducted to comply with the Regulatory Flexibility Act are set forth in 13 CFR 121.201. These regulations generally define small businesses as those with fewer than a maximum number of employees or less than a specified level of annual receipts for the entity's industrial sector or North American Industry Classification System (NAICS) code. The Office, however, has formally adopted an alternate size standard as the size standard for the purpose of conducting an analysis or making a certification under the Regulatory Flexibility Act for patent-related regulations. *See Business Size Standard for Purposes of United States Patent and Trademark Office Regulatory Flexibility Analysis for Patent-Related Regulations* , 71 FR 67109 (Nov. 20, 2006). 1 1 This alternate small business size standard is the previously established size standard that identifies the criteria entities must meet to be entitled to pay reduced patent fees. *See* 13 CFR 121.802. If patent applicants identify themselves on the patent application as qualifying for reduced patent fees, the Office captures this data in the Patent Application Location and Monitoring
(PALM)database system, which tracks information on each patent application submitted to the Office. Unlike the SBA small business size standards set forth in 13 CFR 121.201, this size standard is not industry-specific. Specifically, the Office's definition of small business concern for Regulatory Flexibility Act purposes is a business or other concern that:
(1)Meets the SBA's definition of a “business concern or concern” set forth in 13 CFR 121.105; and
(2)meets the size standards set forth in 13 CFR 121.802 for the purpose of paying reduced patent fees, namely an entity:
(a)Whose number of employees, including affiliates, does not exceed 500 persons; and
(b)which has not assigned, granted, conveyed, or licensed (and is under no obligation to do so) any rights in the invention to any person who made it and could not be classified as an independent inventor, or to any concern which would not qualify as a non-profit organization or a small business concern under this definition. *See Business Size Standard for Purposes of United States Patent and Trademark Office Regulatory Flexibility Analysis for Patent-Related Regulations* , 71 FR at 67112. The proposed rule will apply to any such small entity who files a patent application and chooses to use alternative language in claiming his or her invention. To estimate the number of applications containing alternative language that are submitted by small entities, Office staff analyzed applications filed in fiscal year 2005
(FY05)(the most recent year for which complete eighteen-month publication data are available). Using the preceding definition of small entity, the Office screened these published applications for commonly used alternative language ( *e.g.* , “contains one selected from the group consisting of”) and identified 20,824 small entity applications as containing alternative language and, therefore, as potentially affected by the proposed rule. The Office estimates that this represents approximately 31 percent of total applications containing alternative language. As anticipated, a larger proportion of applications containing alternative language is concentrated in the biotechnology/chemical arts (an estimated 9,186 of the 21,187 small entity applications in the biotechnology/chemical arts or 43.4 percent). The remaining applications with alternative language are distributed throughout the electrical and mechanical arts (an estimated 11,638 of the 73,831 small entity applications in the electrical/mechanical arts or 15.8 percent). These results are summarized in Table 1. Table 1.—Small Entity Applications
(FY05)Type of art Number of small entity applications Number of small entity applications containing alternative language Percent Biotechnology/Chemical Applications 21,187 9,186 43.4 Electrical/Mechanical Applications 73,831 11,638 15.8 Total Applications 95,018 20,824 21.9 *4. Description of the projected reporting, recordkeeping and other compliance requirements of the proposed rules, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report or record:* The proposed rule could potentially impact applicants in two ways. First, it would require that a claim must be limited to a single invention. Consequently, if a submitted application contains a single claim that defines multiple independent and distinct inventions, then the examiner may apply a restriction requirement. *See Examination of Patent Applications That Include Claims Containing Alternative Language* , 72 FR at 44995. In this case of an intra-claim restriction, applicants who wish to pursue patent protection for the full scope covered by their initial application would have to file a divisional application for each additional invention defined in that original claim. For example, if a single claim contains three independent and distinct inventions and the Office requires restriction, the applicant could file two divisional applications to prosecute the full scope of the original claims. Alternatively, the applicant could elect not to file any divisional applications, in which case he or she would be limited to the one invention elected in the initial application. To estimate the costs of one divisional application, the Office is using unit cost data from the American Intellectual Property Law Association (AIPLA) Report of the Economic Survey 2 and the Office fee schedule for fiscal year 2007. Based on these data, the Office estimates that the cost of filing one divisional application is $10,258 (expressed in present value terms using a 7 percent discount rate). The cost faced by applicants could be greater than this amount if the applicant files more than one divisional. 2 *AIPLA Report of the Economic Survey 2007* . Table Q33g, Third Quartile, “Patent application amendment/argument, relatively complex, biotechnology/chemical (Preparation and Filing).” Page I-74; Table Q33l, Third Quartile, “Issuing an allowed application (all post-allowance activity).” Page I-81; Table Q33n, Third Quartile, “Pay a Maintenance Fee.” Page I-76. Second, the proposed rule allows examiners to require applicants to simplify the presentation of claims with alternative language so that:
(1)The number and presentation of alternatives in a single claim are not difficult to construe.
(2)No alternative is itself defined as a set of further alternatives within the claim.
(3)No alternative is encompassed by any other alternative within a list of alternatives unless there is no other practical way to define the invention.
(4)All alternatives are substitutable for each other. *See Examination of Patent Applications That Include Claims Containing Alternative Language* , 72 FR at 44996. Consequently, if an examiner determines that a claim does not comply with one or more of the format requirements listed above, the applicant can be required to correct the claim. The applicant would provide this correction to the claim by submitting an amendment to the application. To estimate the cost of amending an application in order to correct the format of the claim(s), the Office is using unit cost data on amendments from the AIPLA Report of the Economic Survey. 3 Based on the AIPLA data, the Office estimates that the cost of filing one amendment to correct the format of the claim(s) is $4,029 (expressed in present value terms using a 7 percent discount rate). The cost faced by applicants could be less than or greater than this amount, depending on how difficult it is to correct the format of the claim(s). 3 *AIPLA Report of the Economic Survey 2007* . Table Q33g, Third Quartile, “Patent application amendment/argument, relatively complex, biotechnology/chemical (Preparation and Filing).” Page I-74. Any particular application containing alternative language could be impacted by either, both, or neither of these two effects, and would fall into one of the following four categories:
(1)Applications with alternative language that do not claim multiple inventions in a single claim and have claim(s) in a proper format.
(2)Applications with alternative language that claim multiple inventions in a single claim and have claim(s) in a proper format.
(3)Applications with alternative language that do not claim multiple inventions in a single claim but have claim(s) in an improper format.
(4)Applications with alternative language that claim multiple inventions in a single claim and have claim(s) in an improper format. Applications within the first of these categories have “acceptable” alternative language, and small entities submitting such applications would not incur any incremental costs of note. The remaining three categories, however, contain applications that generally would lead to incremental costs. Applications in category 4, which require both a divisional application and an amendment, incur the greatest cost ($14,287). Table 2 summarizes the compliance activities and corresponding cost estimates. Table 2.—Incremental Cost Estimates Compliance activity Cost (present value) Category 1 applications containing acceptable alternative language n.a. Category 2 applications needing one divisional application $10,258 Category 3 applications needing one amendment to correct the format of the claim(s) 4,029 Category 4 applications needing one divisional application and one amendment to correct the format of the claim(s) 14,287 To estimate the number of small entity applications in each category, the Office examined a sample of 102 FY05 small entity applications with alternative language from the biotechnology/chemical arts and 57 FY05 small entity applications with alternative language from the electrical/mechanical arts. For these applications, the Office identified and categorized the impact of the proposed rule. The Office then scaled these findings to the overall number of small entity applications. Using this methodology, the Office estimates that 82 percent of affected small entity applications in the biotechnology/chemical arts and 98 percent of affected small entity applications in the electrical/mechanical arts would fall into category 1 and would not incur any notable incremental costs associated with the rule. The remaining 18 percent of affected small entity applications in the biotechnology/chemical arts and 2 percent of affected small entity applications in the electrical/mechanical arts would incur costs to comply with the proposed rule requirements. In total, the analysis shows that an estimated 1,825 small entity applications would incur compliance costs under the proposed rule. Table 3 summarizes these results. Table 3.—Small Entity Applications Containing Alternative Language by Cost Impact Category Biotechnology/chemical applications FY05 Number Percent Electrical/mechanical applications FY05 Number Percent Total Number Percent Category 1: Small entity applications with acceptable alternative language 7,565 82 11,434 98 18,999 91 Category 2: Small entity applications with alternative language that claim multiple inventions in a single claim 991 11 204 2 1,195 6 Category 3: Small entity applications with alternative language that have claim(s) in an improper format 270 3 0 0 270 1 Category 4: Small entity applications with alternative language that claim multiple inventions in a single claim and have claim(s) in an improper format 360 4 0 0 360 2 Total Small Entity Applications with Alternative Language (Categories 1-4) 9,186 100 11,638 100 20,824 100 Total Small Entity Applications with a Cost Impact (Categories 2-4) 1,621 18 204 2 1,825 9 In the Office's analysis of these applications, the number of claims in an improper format ranged from one to four claims per application. Some applications had only dependent claims that were in an improper format, while others had only independent claims that were in an improper format. One application had independent and dependent claims in an improper format. Although the incremental cost faced by applicants could vary depending on the complexity and number of claims needing correction, the Office's use of AIPLA's 75th percentile unit cost estimate for an amendment already accounts for some variation in costs ( *i.e.* , the 75th percentile may be a high estimate for most applications) and would seem to be a conservative figure. In the Office's analysis of the sampled applications containing two or more independent and distinct inventions that are claimed in the alternative in a single claim, the median number of divisional applications required to maintain the scope of the application was 5, although some applications would have required more than 100 divisional applications to maintain scope. The wide variation in the estimated number of divisional applications is informative when considering the cost impact of the proposed rule for small entity applicants. However, the Office believes that an applicant would need to file at most approximately seven divisional applications following an examiner's restriction requirement, even if more were needed to seek patent protection for the full scope of the originally claimed inventions. 4 Therefore, while the cost impact of intra-claim restrictions could be as low as zero for applicants that elect not to maintain scope, it could range as high as the cost of seven divisional applications (present value of approximately $42,000). However, the Office believes these applications are relatively few in number and the impact for most applicants will be far less. 4 Applicants may file divisional applications sequentially to keep a case pending for the lifetime of a patent (twenty years) to take advantage of the time to determine whether any of their inventions turn out to have market value. The least-cost method of achieving this result would involve an applicant pursuing one divisional application at a time over a twenty-year period. Assuming the prosecution of each divisional application lasts three years, an applicant would be able to minimize the total cost by filing approximately seven divisional applications during this period. *5. Description of any significant alternatives to the proposed rules which accomplish the stated objectives of applicable statutes and which minimize any significant economic impact of the proposed rules on small entities:* The Office has considered a number of alternatives; however, none of these alternatives would accomplish the stated objectives of applicable statutes with a lesser economic impact on small entities.
(1)*Hiring more examiners:* This alternative would increase the number of examiners available to review patent applications in general, thereby improving pendency. It would not lead to impacts on small entities. However, this alternative also would not make it any easier to review applications containing problematic alternative language. The Office is currently hiring as many examiners as resources permit. The Office's ability to hire qualified new examiners is affected by many components, such as budget, the economy, the availability of scientists and engineers, and the ability to absorb and train new employees. Thus, the Office already is employing this “alternative” to the extent that its resources permit, but relying upon this alternative “alternative” alone without taking additional steps would frustrate the Office's ability to grant quality patents in a timely manner that effectively promote innovation.
(2)*Charging additional fees for applications containing claims using alternative language:* This option could reduce the number of affected small entities by creating a financial disincentive to submitting applications containing claims using alternative language. However, the Office's past efforts to seek patent fee adjustments does not lead to an expectation that the Office would be successful in obtaining a patent fee adjustment that would in fact recover the Office's actual cost of examining applications containing claims using alternative language. In addition, any patent fee adjustment for applications containing claims using alternative language that was sufficient to recover the Office's actual cost of examining applications would likely have a greater economic impact on a larger number of small entities than the proposed rule changes. Finally, for applicants that chose to submit alternative language despite the requirement to pay additional fees, this alternative would not improve the patent prosecution process or result in higher quality patents.
(3)*Limiting the number of species that may be presented in an application:* The rules of practice currently provide that if an “application contains claims directed to more than a reasonable number of species, the examiner may require restriction of the claims to not more than a reasonable number of species before taking further action in the application.” *See* 37 CFR 1.146. A rule that set out a per se limit on the number of species that may be claimed in an application would not accomplish the objective of the proposed rules of treating applications with two or more independent and distinct inventions presented in a single claim. Furthermore, the potential change in the scope of protection available via a single patent application likely would have a greater economic impact on larger number of small entities than the proposed rule changes.
(4)*Exempting small entities (or take no action):* While exempting small entities from coverage of the proposed rules or any part thereof (or taking no action) would avoid any incremental economic impact on small entities, such exemption (or lack of action) would frustrate the Office's ability to grant quality patents in a timely manner that effectively promote innovation. It also would result in small entity applications (or, in the case of no action, all applications) with two or more independent and distinct inventions presented in single claim that either:
(1)Consume a disproportionate share of Office examination resources per application and thus not effectively promoting innovation in a timely manner; or
(2)receive a less thorough examination, which would decrease, rather than enhance, the Office's ability to grant quality patents. Finally, given the Office's estimate (as previously noted) that close to one third of all patent applications containing alternative language are submitted by small entities, this alternative would greatly diminish the rule making's ability to improve the patent prosecution process and result in higher quality patents. *6. Identification, to the extent practicable, of all relevant Federal rules which may duplicate, overlap or conflict with the proposed rules:* The Office is the sole U.S. government agency responsible for administering the provisions of title 35, United States Code, pertaining to examination and granting patents. Therefore, no other federal, state, or local entity shares jurisdiction over the examination and granting patents. Other countries, however, have their own patent laws, and an entity desiring a patent in a particular country must make an application for patent in that country, in accordance with the applicable law. Although the potential for overlap exists internationally, this cannot be avoided except by treaty (such as the Paris Convention for the Protection of Industrial Property, or the Patent Cooperation Treaty (PCT)). Nevertheless, the Office believes that there are no other duplicative or overlapping rules. *7. Request for data and information in support of the Final Regulatory Flexibility Analysis:* The Office welcomes comments addressing the economic impact on small entities of any or all provisions of the proposed rule. In particular, however, the Office is soliciting information on the following: 1. Alternative approaches that would reduce the burden of the rule for small entities while meeting the Office's objectives. 2. The costs of modifying an application that already is under review as needed to comply with the rule: a. The cost of filing one or more divisional applications. b. The cost of correcting a claim that is in an improper format, and factors that might cause this cost to vary. 3. The number of patent applications submitted by unique small entities per year (or per decade). 4. Factors that influence an applicant's decision to file divisional applications. 5. Issues that might affect the combined impact of alternative language that requires intra-claim restriction and is of an improper format. 6. The extent to which applicants will adjust to the new rules over time, such that future initial patent applications containing alternative language will comply with the proposed rule ( *i.e.* , the applications will not need to incur the cost of amendments or divisional applications due to alternative language that is of an improper format or requires intra-claim restriction). 7. The benefits of the rule making. 8. Other information related to this Initial Regulatory Flexibility Analysis, including any assumptions or findings stated above. Dated: March 5, 2008. John Doll, Commissioner for Patents. [FR Doc. E8-4744 Filed 3-7-08; 8:45 am] BILLING CODE 3510-16-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7765] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. SUMMARY: Comments are requested on the proposed Base (1 percent annual-chance) Flood Elevations
(BFEs)and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings. DATES: Comments are to be submitted on or before June 9, 2008. ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM)for the proposed BFEs for each community are available for inspection at the community's map repository. The respective addresses are listed in the table below. You may submit comments, identified by Docket No. FEMA-B-7765, to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-3151, or (email) *bill.blanton@dhs.gov* . FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-3151 or (e-mail) *bill.blanton@dhs.gov* . SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA)proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. Comments on any aspect of the Flood Insurance Study and FIRM, other than the proposed BFEs, will be considered. A letter acknowledging receipt of any comments will not be sent. *Administrative Procedure Act Statement* . This matter is not a rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 553. FEMA publishes flood elevation determinations for notice and comment; however, they are governed by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 1968, 42 U.S.C. 4001 *et seq.* , and do not fall under the APA. *National Environmental Policy Act* . This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act* . As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Executive Order 12866, Regulatory Planning and Review* . This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended. *Executive Order 13132, Federalism* . This proposed rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform* . This proposed rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Flooding source(s) Location of referenced elevation ** * Elevation in feet
(NGVD)+ Elevation in feet
(NAVD)# Depth in feet above ground ‸ Elevation in meters
(MSL)Effective Modified Communities affected Tangipahoa Parish, Louisiana, and Incorporated Areas Natalbany River Approximately 2.5 miles upstream of State Route 40 intersection +100 +97 Town of Amite City, Unincorporated Areas of Tangipahoa Parish. Approximately 185 feet upstream of State Route 1048 +181 +183 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES Town of Amite City Maps are available for inspection at 212 E. Oak St., Amite, LA 70422 Unincorporated Areas of Tangipahoa Parish Maps are available for inspection at 15481 Club Deluxe Rd., Hammond, LA 70403 Orange County, New York, and Incorporated Areas Summit Brook Approximately 50 feet downstream of East Lake Road None +562 Village of Tuxedo Park. Approximately 1,318 feet downstream of East Lake Road None +562 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES Village of Tuxedo Park Maps are available for inspection at Tuxedo Park Village Hall, 80 Lorillard Road, Tuxedo Park, NY. Haywood County, North Carolina, and Incorporated Areas Allen Creek At the confluence with Richland Creek +2740 +2741 Unincorporated Areas of Haywood County, Town of Waynesville. Approximately 0.6 mile upstream of New Allens Creek Road (State Road 1147) None +3093 Beaverdam Creek At the confluence with Pigeon River +2578 +2587 Unincorporated Areas of Haywood County, Town of Canton. Just downstream of Smathers Cove Road (State Road 1614) None +2712 Big Creek At the confluence with Pigeon river None +1409 Unincorporated Areas of Haywood County. Approximately 120 feet upstream of Mount Sterling Road (State Road 1397) None +1547 Browning Branch At the confluence with Richland Creek +2707 +2708 Unincorporated Areas of Haywood County, Town of Waynesville. Approximately 650 feet upstream of Browning Branch Road (State Road 1142) None +3054 Campbell Creek At the confluence with Jonathan Creek +3006 +3005 Unincorporated Areas of Haywood County, Town of Maggie Valley. Approximately 1,000 feet upstream of Campbell Creek Road (State Road 1214) None +3362 Cataloochee Creek At the confluence with Pigeon River None +2272 Unincorporated Areas of Haywood County. Approximately 3.5 miles upstream of the confluence with Pigeon River None +2458 Cove Creek (into Fines Creek) At the confluence with Fines Creek None +2473 Unincorporated Areas of Haywood County. Approximately 0.9 mile upstream of the confluence with Fines Creek None +2576 Cove Creek (into Jonathan Creek) At the confluence with Jonathan Creek +2476 +2475 Unincorporated Areas of Haywood County. Approximately 100 feet upstream of Sutton Town Road (State Road 1331) None +2654 Dix Creek At the confluence with East Fork Pigeon River +2701 +2700 Unincorporated Areas of Haywood County. Approximately 440 feet upstream of Dix Creek Road (State Road 1106) None +3281 East Fork Pigeon River At the confluence with Pigeon River +2653 +2650 Unincorporated Areas of Haywood County. Approximately 1.4 miles upstream of Camp Hope Road (State Road 1892) None +3282 Farmers Branch At the confluence with Richland Creek +2672 +2671 Town of Waynesville. Approximately 860 feet upstream of Hazelwood Avenue None +2729 Fines Creek At the confluence with Pigeon River None +2275 Unincorporated Areas of Haywood County. Approximately 1,300 feet upstream of Wayward Cove None +2597 Hemphill Creek Approximately 300 feet upstream of the confluence with Jonathan Creek None +2589 Unincorporated Areas of Haywood County. Approximately 100 feet upstream of Hemphill Road (State Road 1313) None +2793 Hominy Creek At the Haywood/Buncombe County boundary +2247 +2250 Unincorporated Areas of Haywood County, Town of Canton. Approximately 80 feet upstream of U.S. Highway 19 None +2407 Hyatt Creek At the confluence with Richland Creek +2757 +2758 Unincorporated Areas of Haywood County, Town of Waynesville. Approximately 160 feet upstream of Hyatt Creek Road (State Road 1168) None +2857 Jonathan Creek At the confluence with Pigeon River None +2373 Unincorporated Areas of Haywood County, Town of Maggie Valley. Approximately 500 feet downstream of Black Camp Gap Road (State Road 1300) None +3512 Lake Junaluska Entire Shoreline +2567 +2566 Unincorporated Areas of Haywood County. Little East Fork Pigeon River Approximately 100 feet upstream of the confluence with West Fork Pigeon River None +2835 Unincorporated Areas of Haywood County. Approximately 290 feet upstream of Little East Fork Road (State Road 1129) None +3062 North Hominy Creek At the confluence with Hominy Creek +2389 +2392 Unincorporated Areas of Haywood County, Town of Canton. Approximately 0.3 mile upstream of Peaceful Path None +2709 Pigeon River At the confluence of Big Creek None +1409 Unincorporated Areas of Haywood County, Town of Canton, Town of Clyde. At the confluence of East Fork Pigeon River and West Fork Pigeon River +2653 +2650 Pigeon River Tributary (Waterville Lake) At the confluence with Pigeon River +2594 +2595 Unincorporated Areas of Haywood County, Town of Canton. Approximately 950 feet upstream of Pruett Ridge None +2676 Plott Creek Approximately 200 feet upstream of the confluence with Richland Creek +2701 +2702 Unincorporated Areas of Haywood County, Town of Waynesville. Approximately 650 feet upstream of Serenity Mountain Road None +3223 Raccoon Creek At the confluence with Richland Creek +2577 +2576 Town of Waynesville. Approximately 1,040 feet upstream of Test Farm Road (State Road 1810) None +2652 Richland Creek At the confluence with Pigeon River None +2506 Unincorporated Areas of Haywood County, Town of Waynesville. Approximately 440 feet upstream of U.S. Highway 23 None +3057 Rush Fork At the confluence with Pigeon River None +2458 Unincorporated Areas of Haywood County. Approximately 1,380 feet upstream of Palmer Pond Road None +2588 Shallow Flooding Area Northeast intersection of Railroad and Lea Plant Road None #3 Town of Waynesville. Approximately 100 feet northeast of Elysinia Avenue and Hazelwood Avenue intersection +2708 #3 Shelton Creek At the confluence with Richland Creek +2611 +2610 Town of Waynesville. Approximately 500 feet upstream of U.S. Highway 276 None +2660 Thickety Creek Approximately 900 feet upstream of the confluence with Pigeon River +2555 +2556 Unincorporated Areas of Haywood County. Approximately 70 feet upstream of Incinerator Road (State Road 1550) None +2573 West Fork Pigeon River At the confluence with Pigeon River and East Fork Pigeon River +2653 +2650 Unincorporated Areas of Haywood County. Approximately 2.3 miles upstream of Steel Bridge Road (State Road 1216) None +3170 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Town of Canton Maps are available for inspection at Canton Town Hall, 58 Park Street, Canton, NC. Town of Clyde Maps are available for inspection at Clyde Town Hall, 8437 Carolina Boulevard, Clyde, NC. Town of Maggie Valley Maps are available for inspection at Maggie Valley Town Hall, 3987 Soco Road, Maggie Valley, NC. Town of Waynesville Maps are available for inspection at Waynesville Town Hall, 16 South Main Street, Waynesville, NC. Unincorporated Areas of Haywood County Maps are available for inspection at Haywood County Planning Office, 1233 North Main Street, Waynesville, NC. Commonwealth of Puerto Rico County, Puerto Rico, and Incorporated Areas Atlantic Ocean—Entire Shoreline of the Commonwealth of Puerto Rico Approximately 0.8 kilometers northwest of intersection of Carretera 466 and Carretera Municipal None ‸2.7 Commonwealth of Puerto Rico, Municipality of Ponce. Approximately 0.9 kilometer northwest of intersection of Carretera 681 and Calle B ‸2.4 ‸13.7 Caribbean Sea Approximately 550 meters southwest of the intersection of Calle Dr Vidal and Calle 33 None ‸1.5 Commonwealth of Puerto Rico, Municipality of Ponce. Shoreline, approximately 2.7 kilometers southwest of the intersection of Carretera 307 and Calle A ‸2.7 ‸4.6 Isla Culebra/Atlantic Ocean Approximately 1.6 kilometers northwest of the intersection of Calle 1 and Carretera 251 ‸2.1 ‸1.5 Commonwealth of Puerto Rico. Shoreline, approximately 3.0 kilometers northeast of the intersection of Calle 1 and Carretera 251 (Punta Flamenco) ‸4.3 ‸14.3 Isla Culebra/Ensenada Honda Approximately 90 meters southeast of the intersection of Calle Luis Munoz Marin and Carretera 250 ‸3.8 ‸3 Commonwealth of Puerto Rico. Shoreline, approximately 4.0 kilometers southeast of the intersection of Calle Luis Munoz Marin and Carretera 250 ‸3.6 ‸8.8 Isla Vieques/Caribbean Sea Approximately 3.0 kilometers southwest of the intersection of Carretera 200 and Camino Puerto Diablo ‸2.1 ‸2.4 Commonwealth of Puerto Rico. Shoreline, approximately 6.9 kilometers southwest of the intersection of Carretera 201 and Carretera 996 ‸3.2 ‸3.8 Isla Vieques/Vieques Passage Approximately 9.2 kilometers northwest of the intersection of Carretera 201 and Carretera 996 ‸2 ‸2.4 Commonwealth of Puerto Rico. Shoreline, approximately 3.7 kilometers northwest of the intersection of Carretera 201 and Carretera 996 ‸2.8 ‸6.2 Isla Vieques/Vieques Sound Approximately 9.7 kilometers southeast of the intersection of Carretera 200 and Camino Puerto Diablo ‸2.1 ‸2.7 Commonwealth of Puerto Rico. Shoreline, approximately 9.8 kilometers southeast of the intersection of Carretera 200 and Camino Puerto Diablo ‸3.2 ‸4.1 Quebrada Cambute At confluence with Rio Canovanillas None ‸4.9 Commonwealth of Puerto Rico. Approximately 790 meters upstream of confluence with Rio Canovanillas None ‸12.1 Quebrada Honda Approximately 2,800 meters upstream of the confluence with Rio Cibuco ‸17.4 ‸17 Commonwealth of Puerto Rico. Approximately 2,330 meters upstream of Puerto Rico Route 2 None ‸74.2 At confluence with Rio Guanajibo None ‸89.5 Approximately 920 meters upstream of Sector Jeraldo None ‸106.1 Quebrada Mabu At confluence with Rio Humacao ‸12.8 ‸13.9 Commonwealth of Puerto Rico. Approximately 460 meters upstream of Calle B None ‸43.3 Quebrada Mariana At confluence with Rio Humacao ‸19.6 ‸19 Commonwealth of Puerto Rico. Approximately 3,400 meters upstream of Puerto Rico Highway 30 None ‸75.2 Quebrada Mariana Tributary At confluence with Quebrada Mariana None ‸20.5 Commonwealth of Puerto Rico. Approximately 110 meters upstream of Camino Manolo Lopez None ‸32.2 Quebrada la Mina Approximately 220 meters downstream of Puerto Rico Route 997 None ‸6.1 Commonwealth of Puerto Rico. Approximately 930 meters upstream of Puerto Rico Route 201 None ‸77.7 Quebrada la Mina Tributary Confluence with Quebrada la Mina None ‸45.6 Commonwealth of Puerto Rico. Approximately 755 meters upstream of confluence with Quebrada la Mina None ‸82.3 Rio Bairoa At confluence with Rio Grande de Loiza Reach 2 ‸51.3 ‸50.9 Commonwealth of Puerto Rico. Approximately 290 meters upstream of Calle Gardena ‸90.3 ‸90.1 Rio Caguitas At confluence of Rio Grande de Loiza Reach 2 ‸52.1 ‸51 Commonwealth of Puerto Rico. Approximately 1,830 meters upstream of Calle Canaboncito None ‸81.2 Rio Canas Confluence with Rio Matilde 11.7 ‸10.4 Commonwealth of Puerto Rico, Municipality of Ponce. Approximately 520 meters upstream of Avenida Ponce De Leon 38.3 ‸40.3 Rio Culebrinas (at San Sebastian) Approximately 1,120 meters downstream of Calle Jose Torres Pino None ‸57.3 Commonwealth of Puerto Rico. Approximately 1,160 meters upstream of Carretera 119 None ‸69 Rio Culebrinas (at San Sebastian) Tributary At confluence with Rio Culebrinas (at San Sebastian) None ‸60.8 Commonwealth of Puerto Rico. Approximately 710 meters upstream of Calle Hostos Cabrera None ‸64.1 Rio Culebrinas (downstream reach) Approximately 473 meters upstream of Puerto Rico Highway 2 ‸9 ‸8.7 Commonwealth of Puerto Rico. Approximately 1,210 meters upstream of Calle Concepcion Vera Ayala None ‸18.6 Rio Fajardo Approximately 1,140 meters upstream of mouth None ‸1 Commonwealth of Puerto Rico. Approximately 2,050 meters upstream of Carretera 977 None ‸60.7 Rio Grande de Anasco Approximately 300 meters upstream of mouth ‸3 ‸2 Commonwealth of Puerto Rico. Approximately 2,370 meters upstream of Carretera 406 None ‸20 Rio Grande de Humacao Approximately 230 meters above mouth ‸2.9 ‸2 Commonwealth of Puerto Rico. Approximately 1,920 meters upstream of Carretera 914 None ‸46.5 Rio Grande de Loiza Reach 1 Approximately 25 meters upstream of Puerto Rico Highway 3 ‸12.8 ‸13.1 Commonwealth of Puerto Rico. Approximately 5,120 meters upstream of Puerto Rico Highway 181 None ‸28.1 Rio Grande de Loiza Reach 2 Approximately 3,640 meters downstream of Puerto Rico Highway 30 None ‸49.5 Commonwealth of Puerto Rico. Approximately 2,700 meters upstream of Carretera 183 None ‸96.4 Rio Grande de Manati Approximately 130 meters upstream of mouth ‸1.5 ‸3 Commonwealth of Puerto Rico. Approximately 100 meters upstream of Puerto Rico Route 145 ‸45.4 ‸49 Rio Guanajibo Approximately 50 meters downstream of Carretera 102 ‸2 ‸2.4 Commonwealth of Puerto Rico. Approximately 2,150 meters upstream of Carretera 368 None ‸113 Rio Guatemala At confluence with Rio Culebrinas (at San Sebastian) None ‸53.6 Commonwealth of Puerto Rico. Approximately 1,650 meters upstream of Carretera 111 None ‸71.4 Rio Guayanes Approximately 450 meters upstream of mouth None ‸3.3 Commonwealth of Puerto Rico. Approximately 4,330 meters upstream of Carretera 182 None ‸34.3 Rio Guayo Approximately 300 meters upstream of the confluence with Rio Inabon ‸45.3 ‸45.8 Commonwealth of Puerto Rico, Municipality of Ponce. Approximately 44 meters upstream of Puerto Rico Route 512 ‸156.8 ‸156.1 Rio Gurabo At confluence with Rio Grande de Loiza Reach 2 ‸49.6 ‸46.8 Commonwealth of Puerto Rico. Approximately 1,800 meters upstream of Carretera 31 None ‸71.4 Rio Inabon Approximately 96 meters upstream of mouth None ‸2.4 Commonwealth of Puerto Rico, Municipality of Ponce. Approximately 7,005 meters upstream of Calle 1 130.9 ‸132.5 Rio Jacaguas Approximately 96 meters upstream of mouth None ‸2.4 Commonwealth of Puerto Rico, Municipality of Ponce. Approximately 162 meters upstream of Puerto Rico Route 149 ‸78.2 ‸77.4 Rio Jacaguas (at Villalba) Approximately 1,180 meters downstream of Puerto Rico Route 150 None ‸133.4 Commonwealth of Puerto Rico. Approximately 2,010 meters upstream of Puerto Rico Route 561 None ‸196 Rio Limones At confluence with Rio Guayanes None ‸14.8 Commonwealth of Puerto Rico. Approximately 120 meters upstream of Carretera 902 None ‸37.6 Rio Matilde Approximately 800 meters downstream of Puerto Rico Route 52 ‸2.5 ‸2.1 Commonwealth of Puerto Rico. Confluence with Rio Canas and Rio Pastillo ‸11.7 ‸10.3 Rio Pastillo Confluence with Rio Matilde ‸11.7 ‸10.4 Commonwealth of Puerto Rico, Municipality of Ponce. Approximately 80 meters upstream of Puerto Rico Route 132 ‸42.7 ‸42 Rio Sabana Approximately 875 meters above mouth None ‸2.7 Commonwealth of Puerto Rico. Approximately 1.050 meters upstream of Carretera 983 None ‸26.5 Rio Turabo At confluence with Rio Grande de Loiza Reach 2 ‸59.1 ‸57.4 Commonwealth of Puerto Rico. Approximately 7,500 meters upstream of Calle Georgetti None ‸105.8 Rio Valenciano At confluence with Rio Guarabo ‸59 ‸59.8 Commonwealth of Puerto Rico. Approximately 1,040 meters upstream of Carretera 928 None ‸70 Vieques Passage Approximately 3.9 kilometers southeast of the intersection of Carretera 3 and Carretera 31 ‸2.2 ‸1.8 Commonwealth of Puerto Rico. Shoreline, approximately 4.1 kilometers southeast of the intersection of Carretera 3 and Carretera 31 (Punta Lima) ‸3.3 ‸9.8 Vieques Sound At intersection of Forrestal Drive and Tarawa Drive ‸2.6 ‸3.4 Commonwealth of Puerto Rico. Shoreline, approximately 3.1 kilometers northeast of intersection of Avenida el Conquistador and Carretera Cabezas ‸2.9 ‸5.2 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES Commonwealth of Puerto Rico Maps are available for inspection at Puerto Rico Planning Board, North Building, 16th Floor, De Diego Avenue, Stop 22 Santurce, San Juan, PR. Municipality of Ponce Maps are available for inspection at Ponce City Hall, Calle Villa—Frente a Plaza Las Delicias, Ponce, PR. King County, Washington, and Incorporated Areas North Creek Approximately 690 feet upstream of NE 195th Street, landward of east levee None +34 City of Bothell, City of Woodinville. Approximately at SR 522, east of I-405, landward of east levee None +34 Approximately 820 feet upstream of North Creek Parkway, landward of east levee None +42 North Creek Approximately 100 feet upstream of N 195th Street, landward of west levee None +36 City of Bothell. Approximately 820 feet upstream of North Creek Parkway, landward of west levee None +42 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES City of Bothell Maps are available for inspection at 9654 NE 182nd St., Bothell, WA. City of Woodinville Maps are available for inspection at 17301-133rd Ave NE, Woodinville, WA 98072. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: February 28, 2008. Michael K. Buckley, Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-4638 Filed 3-7-08; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7764] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. SUMMARY: Comments are requested on the proposed Base (1-percent-annual-chance) Flood Elevations
(BFEs)and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings. DATES: Comments are to be submitted on or before June 9, 2008. ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM)for the proposed BFEs for each community are available for inspection at the community's map repository. The respective addresses are listed in the table below. You may submit comments, identified by Docket No. FEMA-B-7764, to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-3151, or (e-mail) *bill.blanton@dhs.gov* . FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-3151 or (e-mail) *bill.blanton@dhs.gov* . SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA)proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. Comments on any aspect of the Flood Insurance Study and FIRM, other than the proposed BFEs, will be considered. A letter acknowledging receipt of any comments will not be sent. *Administrative Procedure Act Statement* . This matter is not a rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 553. FEMA publishes flood elevation determinations for notice and comment; however, they are governed by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 1968, 42 U.S.C. 4001 *et seq.* , and do not fall under the APA. *National Environmental Policy Act* . This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act* . As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Executive Order 12866, Regulatory Planning and Review* . This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended. *Executive Order 13132, Federalism* . This proposed rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform* . This proposed rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Flooding source(s) Location of referenced elevation** * Elevation in feet
(NGVD)+ Elevation in feet
(NAVD)# Depth in feet above ground ‸Elevation in meters
(MSL)Effective Modified Communities affected Santa Clara County, California, and Incorporated Areas San Tomas Aquino Creek Approximately 20 feet downstream of Quito Road None +376 City of Monte Sereno. Approximately 460 feet upstream of Quito Road None +439 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES City of Monte Sereno Maps are available for inspection at City of Monte Sereno Engineering Department, 18041 Saratoga-Los Gatos Road, Monte Sereno, CA. Solano County, California, and Incorporated Areas Napa River Approximately 115 feet east of the intersection of Murphy Lane and Tyler Road +9 +10 City of Vallejo, Unincorporated Areas of Solano County. Napa River Approximately 820 feet northeast of the intersection of L Street and Railroad Avenue None +9 City of Vallejo. San Pablo Bay Approximately 290 feet south of the intersection of Cedar Avenue and I Street None +10 City of Vallejo. Approximately 0.4 mile west of the intersection of Lawes Street and Dump Road None +11 San Pablo Bay Approximately 0.4 mile south of the intersection of Mesa Road and 13th Street None +12 City of Vallejo, Unincorporated Areas of Solano County. Approximately 0.5 mile west of the intersection of Lawes Street and Dump Road None +13 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES City of Vallejo Maps are available for inspection at City of Vallejo Public Works Department, 555 Santa Clara Street, Vallejo, CA. Unincorporated Areas of Solano County Maps are available for inspection at Solano County Public Works Department, 675 Texas Street, Suite 5500, Fairfield, CA. Jones County, Georgia, and Incorporated Areas Ocmulgee River Approximately 14,050 feet downstream of River North Boulevard None +316 Unincorporated Areas of Jones County. Approximately 16,790 feet upstream of River North Boulevard None +332 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Jones County Maps are available for inspection at Zoning and Planning Department, P.O. Box 1359, 166 Industrial Boulevard, Gray, GA 31032-1359. Walton County, Georgia, and Incorporated Areas Alcovy River Approximately 525 feet downstream of confluence of Cedar Creek Southeast None +782 Unincorporated Areas of Walton County. Approximately 1,740 feet upstream of confluence of Cedar Creek Southeast None +784 Apalachee River Approximately 2,600 feet downstream of upstream county boundary with Gwinnett County None +820 Unincorporated Areas of Walton County. At upstream county boundary with Gwinnett County None +823 Bay Creek Approximately 345 feet downstream of county boundary with Gwinnett County None +792 Unincorporated Areas of Walton County. Approximately 670 feet upstream of county boundary with Gwinnett County None +796 Big Haynes Creek At downstream county boundary with Rockdale County None +846 Unincorporated Areas of Walton County. At upstream county boundary with Gwinnett County None +849 Brushy Fork Creek Approximately 1,740 feet downstream of Centerville Rosebud Road None +862 Unincorporated Areas of Walton County, City of Loganville. Approximately 2,550 feet upstream of Old Loganville Road None +906 Cedar Creek Southeast At confluence with Alcovy River None +782 Unincorporated Areas of Walton County. Approximately 2,840 feet upstream of confluence with Alcovy River None +796 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES City of Loganville Maps are available for inspection at 4385 Pecan Street, Loganville, GA 30052. Unincorporated Areas of Walton County Maps are available for inspection at 303 South Hammond Drive, Suite 330, Monroe, GA 30655. Canyon County, Idaho, and Incorporated Areas Boise River Approximately 2000 feet upstream of I-84 +2361 +2360 City of Caldwell, City of Star, Unincorporated. At Canyon County/Ada County Boundary +2454 +2456 Areas of Canyon County. Indian Creek Just upstream of Sewer Treatment Plant +2354 +2353 City of Nampa, City of Caldwell. Just upstream of Canada Road +2550 +2556 Unincorporated Areas of Canyon County. Mason Creek At confluence with Boise River None +2370 City of Nampa, City of Caldwell. Just upstream of Lone Tree Lane/Ustick Road None +2450 Unincorporated Areas of Canyon County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES City of Caldwell Maps are available for inspection at 621 Cleveland Boulevard, 2nd Floor, Caldwell, ID 83605. City of Nampa Maps are available for inspection at 411 3rd Street South, Nampa, ID 83651. City of Star Maps are available for inspection at 10769 West State Street, Star, ID 83669. Unincorporated Areas of Canyon County Maps are available for inspection at 1115 Albany Street, Caldwell, ID 83605. Accomack County, Virginia, and Incorporated Areas Chesapeake Bay Base Flood Elevation changes ranging from 4 to 6 feet have occurred along the northern, southern, eastern, and western perimeter, as well as interior areas of the island +4 +6 Town of Tangier. Occohannock Creek (Chesapeake Bay) Aproximately Route 178 (Shields Bridge Road) +4 +8 Town of Belle Haven. Approximately the northern community boundary for Belle Haven along Occohannock Creek +4 +8 Onancock Creek (Chesapeake Bay) Base Flood Elevations have changed along the northern, central, & southern branches of Onancock Creek. Changes extend from the western confluence of these three branches to their eastern most extent within the community boundary of the Town of Onancock +5 +7 Town of Onancock. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES Town of Belle Haven Maps are available for inspection at P.O. Box 238, Belle Haven, VA 23306. Town of Onancock Maps are available for inspection at 15 North Street, Onancock, VA 23417. Town of Tangier Maps are available for inspection at 4301 Joshua Thomas Lane, Tangier, VA 23440. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: February 20, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-4723 Filed 3-7-08; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [ Docket No. FEMA-B-7767] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. SUMMARY: Comments are requested on the proposed Base (1 percent annual-chance) Flood Elevations
(BFEs)and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings. DATES: Comments are to be submitted on or before June 9, 2008. ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM)for the proposed BFEs for each community are available for inspection at the community's map repository. The respective addresses are listed in the table below. You may submit comments, identified by Docket No. FEMA-B-7767, to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-3151, or (e-mail) *bill.blanton@dhs.gov* . FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-3151 or (e-mail) *bill.blanton@dhs.gov* . SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA)proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. Comments on any aspect of the Flood Insurance Study and FIRM, other than the proposed BFEs, will be considered. A letter acknowledging receipt of any comments will not be sent. *Administrative Procedure Act Statement* . This matter is not a rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 553. FEMA publishes flood elevation determinations for notice and comment; however, they are governed by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 1968, 42 U.S.C. 4001 *et seq.* , and do not fall under the APA. *National Environmental Policy Act* . This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act* . As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Executive Order 12866, Regulatory Planning and Review* . This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended. *Executive Order 13132, Federalism* . This proposed rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform* . This proposed rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Flooding source(s) Location of referenced elevation** * Elevation in feet
(NGVD)+ Elevation in feet
(NAVD)# Depth in feet above ground Effective Modified Communities affected Swain County, North Carolina, and Incorporated Areas Adams Creek Approximately 650 feet upstream of the confluence with Oconaluftee River None +1874 Eastern Band of Cherokee Indians. Approximately 130 feet upstream of Red Clay Road None +2233 Alarka Creek At the confluence with Little Tennessee River None +1710 Unincorporated Areas of Swain County. Approximately 1,100 feet upstream of Unahala Creek Road (State Road 1138) None +2556 Bunches Creek Approximately 150 feet upstream of the confluence with Raven Fork +2384 +2385 Eastern Band of Cherokee Indians. Approximately 0.8 mile upstream of Bunches Creek Road None +3158 Conley Creek At the confluence with Tuckasegee River None +1845 Unincorporated Areas of Swain County. Approximately 1,900 feet upstream of Childers Barn Lane None +2113 Cooper Creek At the confluence with Tuckasegee River +1795 +1792 Unincorporated Areas of Swain County, Eastern Band of Cherokee Indians. Approximately 100 feet upstream of Issac Wiggins Road None +2057 Deep Creek At the confluence with Tuckasegee River +1741 +1740 Unincorporated Areas of Swain County, Town of Bryson City. Approximately 150 feet upstream of Access Road to Deep Creek Campgrounds None +1805 Goose Creek At the upstream side of Goose Creek Road None +1855 Eastern Band of Cherokee Indians. Approximately 1,050 feet upstream of Goose Creek Road None +1904 Jenkins Branch At the confluence with Tuckasegee River +1728 +1727 Town of Bryson City. Approximately 200 feet upstream of Eastside Drive None +1815 Kirkland Creek At the confluence with Tuckasegee River +1754 +1751 Unincorporated Areas of Swain County, Town of Bryson City. Approximately 100 feet upstream of Kirklands Creek Road (State Road 1164) None +2222 Little Tennessee River At the North Carolina/Tennessee State boundary None +1088 Unincorporated Areas of Swain County. Approximately 150 feet upstream of the Swain/Macon County boundary None +1857 Nantahala River At the confluence with Little Tennessee River None +1710 Unincorporated Areas of Swain County. At the Swain/Macon County boundary None +1985 Oconaluftee River Approximately 1.0 mile upstream of the confluence with Raven Fork None +2056 Unincorporated Areas of Swain County. Approximately 1.8 miles upstream of the confluence with Raven Fork None +2135 Pigeon Creek Approximately 20 feet upstream of confluence with Raven Fork None +2257 Eastern Band of Cherokee Indians. Approximately 0.7 mile upstream of the confluence with Raven Fork None +2717 Raven Fork Approximately 1,650 feet upstream of Big Cove Road None +2638 Eastern Band of Cherokee Indians. Approximately 0.5 mile upstream of Big Cove Road None +2663 Shepherd Creek At the confluence with Kirkland Creek None +1844 Unincorporated Areas of Swain County. Approximately 1.4 miles upstream of the confluence with Kirkland Creek None +2232 Silvermine Creek At the confluence with Nantahala River None +1724 Unincorporated Areas of Swain County. Approximately 100 feet upstream of Taylor Road (State Road 1104) None +2151 Straight Fork Approximately 100 feet upstream of the confluence with Raven Fork +2454 +2455 Eastern Band of Cherokee Indians. Approximately 1.0 mile upstream of the confluence with Raven Fork None +2558 Toot Hollow Branch At the confluence with Tuckasegee River +1735 +1734 Unincorporated Areas of Swain County, Town of Bryson City. Approximately 330 feet upstream of Monteith Road (State Road 1334) None +1806 Tuckasegee River At the confluence with Little Tennessee River None +1710 Unincorporated Areas of Swain County, Eastern Band of Cherokee Indians, Town of Bryson City. At the upstream side of U.S. 74/U.S. 441 None +1845 Wesser Creek At the confluence with Conley Creek None +1984 Unincorporated Areas of Swain County. Approximately 200 feet upstream of Estes Drive None +2052 Wesser Creek (into Nantahala River) At the confluence with Nantahala River None +1711 Unincorporated Areas of Swain County. Just downstream of the confluence of Right Fork Wesser Creek None +2201 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES Eastern Band of Cherokee Indians Maps are available for inspection at Ginger Lynn Welch Complex, 810 Acquoni Road, Cherokee, NC. Town of Bryson City Maps are available for inspection at Town of Bryson City Manager's Office, 45 Everett Street, Bryson City, NC. Unincorporated Areas of Swain County Maps are available for inspection at Swain County Mapping Department, 101 Mitchell Street, Bryson City, NC. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: March 3, 2008. Michael K. Buckley, Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-4726 Filed 3-7-08; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURTIY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7756] Proposed Flood Elevation Determinations; Correction AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule; correction. SUMMARY: This document corrects the table to a proposed rule published in the **Federal Register** of January 16, 2008. This correction clarifies the table representing the flooding source(s), location of referenced elevation, the effective and modified elevation in feet and the communities affected for Pulaski County, Arkansas, and Incorporated Areas; specifically, for flooding sources “Good Earth Drain, Isom Creek, Kinley Creek, Little Maumelle River, Nowlin Creek, South Loop, South Split, Taylor Loop Creek and Tributary 4 to Little Maumelle River,” than was previously published. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2903. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA)publishes proposed determinations of Base (1-percent-annual-chance) Flood Elevations
(BFEs)and modified BFEs for communities participating in the National Flood Insurance Program (NFIP), in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed BFEs are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. Correction In proposed rule FR Doc. E8-725, beginning on page 2860 in the issue of January 16, 2008, make the following corrections, in the table published under the authority of 44 CFR 67.4. On page 2860, in § 67.4, in the table with center heading Pulaski County, Arkansas, and Incorporated Areas, the flooding source, location of referenced elevation, the effective and modified elevation in feet and the communities affected for flooding sources “Good Earth Drain, Isom Creek, Kinley Creek, Little Maumelle River, Nowlin Creek, South Loop, South Split, Taylor Loop Creek and Tributary 4 to Little Maumelle River”, need to be corrected to read as follows: Flooding source(s) Location of referenced elevation** *Elevation in feet
(NGVD)+ Elevation in feet
(NAVD)# Depth in feet above ground ‸ Elevation in meters
(MSL)Effective Modified Communities affected Pulaski County, Arkansas, and Incorporated Areas Good Earth Drain Approximately 250 ft downstream of Cantrell Rd. Intersection +283 +281 City of Little Rock. Divergence from Taylor Loop Creek +287 +285 Isom Creek Confluence with Taylor Loop Creek +264 +265 Unincorporated Areas of Pulaski County, City of Little Rock. Approximately 100 feet upstream of Russ Street +346 +345 Kinley Creek Confluence with Nowlin Creek +350 +292 Unincorporated Areas of Pulaski County. Approximately 50 feet downstream of Garrison Rd intersection +413 +411 Little Maumelle River Approximately 445 feet upstream of intersection with Highway 300 +268 +270 Unincorporated Areas of Pulaski County. Intersection with Brush Mountain Trail +564 +561 Nowlin Creek Confluence with Little Maumelle River +268 +271 Unincorporated Areas of Pulaski County. Approximately 3200 feet upstream of Forestry Road intersection +500 +497 South Loop Confluence with Taylor Loop Creek +264 +266 Unincorporated Areas of Pulaski County. Divergence with Taylor Loop Creek +306 +305 South Split Approximately 700 feet upstream from confluence with South Loop +286 +285 Unincorporated Areas of Pulaski County, City of Little Rock. Divergence from South Loop +295 +290 Taylor Loop Creek Confluence with Little Maumelle River +264 +266 Unincorporated Areas of Pulaski County, City of Little Rock. Approximately 800 Feet upstream of Valley Estates Dr. intersection +431 +430 Tributary 4 to Little Maumelle River Confluence with Little Maumelle River None +266 Unincorporated Areas of Pulaski County, City of Little Rock. Intersection with Cantrell Rd. None +301 Approximately 3488 feet upstream from intersection with Autumn Blaze Trail None +509 Dated: March 3, 2008. Michael K. Buckley, Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-4633 Filed 3-7-08; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 13 and 19 [FAR Case 2006-034; Docket 2007-0001; Sequence 15] RIN 9000-AK92 Federal Acquisition Regulation: FAR Case 2006-034, Socioeconomic Program Parity AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation
(FAR)to ensure that the FAR reflects the Small Business Administration's
(SBA)interpretation of the Small Business Act and SBA regulations with regard to the relationship among various small business programs. DATES: *Comment date:* Interested parties should submit written comments to the Regulatory Secretariat at the address shown below on or before May 9, 2008, to be considered in the formation of the final rule. ADDRESSES: Submit comments, identified by FAR Case 2006-034, by any of the following methods: • *Regulations.gov: http://www.regulations.gov.* Submit comments via the Federal eRulemaking portal by inputting “FAR Case 2006-034” under the heading “Comment or Submission”. Select the link “Send a Comment or Submission” that corresponds with FAR Case 2006-034. Follow the instructions provided to complete the “Public Comment and Submission Form”. Please include your name, company name (if any), and “FAR Case 2006-034” on your attached document. • *Fax:* 202-501-4067. • *Mail:* General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4035, ATTN: Diedra Wingate, Washington, DC 20405. *Instructions:* Please submit comments only and cite FAR case 2006-034 in all correspondence related to this case. All comments received will be posted without change to *http://www.regulations.gov,* including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Ms. Rhonda Cundiff, Procurement Analyst, at
(202)501-0044 for clarification of content. The FAR Secretariat at
(202)501-4755 for information pertaining to status or publication schedules. Please cite FAR case 2006-034. SUPPLEMENTARY INFORMATION: A. Background The purpose of this rule is to ensure that the FAR clearly reflects SBA's interpretation of the Small Business Act and SBA's interpretation of its regulations with regard to the order of precedence that applies when deciding whether to satisfy a requirement through an award to a small business, a HUBZone small business concern, a service-disabled veteran-owned small business (SDVOSB) concern or a small business participating in the 8(a) Business Development Program (8(a) Program). This FAR rule is intended to make the following clear:
(1)There is no order of precedence among the 8(a), HUBZone, or SDVOSB Programs. However, if a requirement has been accepted by SBA under the 8(a) Program, it must remain in the 8(a) Program unless SBA agrees to its release in accordance with 13 CFR 124, 125 and 126.
(2)For acquisitions exceeding $100,000, the contracting officer must consider making award under the 8(a), HUBZone or SDVOSB Programs (either set-aside or sole source) before the contracting officer proceeds with a small business set-aside. See 19.203(b) and 19.502-2(b). After having considered making award under the 8(a), HUBZone or SDVOSB Programs, the contracting officer may set aside an acquisition for small business, with one exception. By statute (15 U.S.C. 657a(b)(2)(B)), the contracting officer cannot set the acquisition aside for small business if the criteria for setting it aside for HUBZone small business are met.
(3)FAR 19.502-2(a) sets forth the requirement to exclusively reserve acquisitions for small business between $3,000 and $100,000 unless the contracting officer determines there is not a reasonable expectation of obtaining offers from two or more small businesses that are competitive in terms of market prices, quality, and delivery. This proposed rule clarifies that these small business set-asides do not preclude award of a contract to a qualified HUBZone small business concern pursuant to the HUBZone Program, an 8(a) Program participant pursuant to the 8(a) Program, or to a SDVOSB concern pursuant to the SDVOSB Program because the SBA's regulations give the contracting officer discretionary authority to use the HUBZone, 8(a), or SDVOSB Programs at these dollar levels. In addition, the rule shows that, unlike procurements that are expected to exceed $100,000, it is not mandatory that the contracting officer set aside an acquisition for HUBZone small business concerns before setting aside the requirement for small businesses.
(4)SBA believes that progress in fulfilling the various small business goals, as well as other factors such as the results of market research and the acquisition history, should be considered in making a decision as to which program to use for the acquisition. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. The rule is not a major rule under 5 U.S.C. 804. B. Regulatory Flexibility Act This change may have a significant economic impact on a significant number of small entities within the meaning of the Regulatory Flexibility Act 5 U.S.C. 601, *et seq.* , because it will clarify the relationship among various small business programs with regard to whether one has priority over another for acquisition purposes. It has been unclear to the acquisition community if there is an order of precedence that applies when deciding whether to satisfy a requirement through an award to small business, HUBZone small business, service disabled veteran-owned small business or a small business participating in the 8(a) Business Development Program. This proposed rule will have both a negative and positive impact on the 8(a) Business Development Program, the HUBZone Program, the Service-Disabled Veteran-Owned Small Business Program and the Small Business Program. Viewed as a whole, there is no impact on the small business community, as this rule does not increase or decrease the number of contracts awarded to small businesses. However, there will be a negative impact on contractors with a particular preference who lose a contract set-aside to another socioeconomic category of contractors with a different preference who gain the contract set-aside, who thereby will receive a positive impact. The FAR Secretariat has submitted a copy of the Initial Regulatory Flexibility Analysis
(IRFA)to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the IRFA may be obtained from the Regulatory Secretariat. The Councils will consider comments from small entities concerning the affected FAR parts in accordance with 5 U.S.C. 610. Comments must be submitted separately and should cite 5 U.S.C. 601, *et seq.* , FAR Case 2006-034, in correspondence. The analysis is summarized as follows: The purpose of this proposed rule is to revise the FAR to ensure that it complies with SBA's interpretation of the Small Business Act and the SBA regulations that implement that Act. The entities that will be affected are small businesses that do business with the Federal Government. Generally, all current and potential Government contractors must register in the Central Contractor Registration
(CCR)to be eligible for contract award and payment. There are approximately 313,512 small business firms; 13,000 HUBZone firms; 9,947 8(a) firms and 9,614 SDVO SBC currently registered in CCR that may be affected by this proposed rule. There are no significant alternatives that would reduce any impact on small businesses. The FAR rule is implementing SBA's interpretation of the Small Business Act and SBA's implementing regulations. C. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. Chapter 35) does not apply because the proposed rule does not contain information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, *et seq.* List of Subjects in 48 CFR Parts 13 and 19 Government procurement. Al Matera, Director, Office of Acquisition Policy. Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 13 and 19 as set forth below: 1. The authority citation for 48 CFR parts 13 and 19 continue to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). PART 13—SIMPLIFIED ACQUISITION PROCEDURES 2. Amend section 13.003 by revising the first sentence in paragraph (b)(2) to read as follows: 13.003 Policy.
(b)* * *
(2)The contracting officer may make an award under the 8(a) Program (see Subpart 19.8) or set aside for HUBZone small business concerns (see 19.1305) or service-disabled veteran-owned small business concerns (see 19.1405) an acquisition of supplies or services that has an anticipated dollar value exceeding the micro-purchase threshold and not exceeding the simplified acquisition threshold. * * * PART 19—SMALL BUSINESS PROGRAMS 3. Amend section 19.202 by revising the first sentence to read as follows: 19.202 Specific policies. In order to further the policy in 19.201(a), contracting officers shall comply with the specific policies listed in this section and shall consider recommendations of the agency Director of Small and Disadvantaged Business Utilization, or the Director's designee, as to whether a particular acquisition should be awarded under Subparts 19.5, 19.8, 19.13, or 19.14. * * * 4. Amend subpart 19.2 by adding section 19.203 to read as follows: 19.203 Relationship among small business programs.
(a)Acquisitions subject to the small business set-aside at 19.502-2(a). The requirement to exclusively reserve acquisitions for small business at 19.502-2(a) does not preclude the contracting officer from awarding a contract under the—
(1)8(a) Program (Subpart 19.8);
(2)HUBZone Program (Subpart 19.13); or
(3)Service-Disabled Veteran-Owned Small Business Procurement Program (SDVOSB)(Subpart 19.14).
(b)*Acquisitions subject to the small business set-aside at 19.502-2(b).*
(1)The contracting officer must consider the 8(a), HUBZone, and SDVOSB programs before using a small business set-aside. There is no order of precedence among the 8(a), HUBZone, and SDVOSB programs. However, if a requirement has been accepted by SBA under the 8(a) Program, it must remain in the 8(a) Program unless SBA agrees to its release in accordance with 13 CFR 124, 125 and 126; and
(2)The contracting officer must set aside an acquisition for HUBZone small business concerns if the conditions at 19.1305 are met, before considering a small business set-aside. 5. Amend section 19.501 by— a. Removing paragraphs
(c)and (d); b. Redesignating paragraphs (e), (f), (g), (h), and
(i)as (c), (d), (e), (f), and (g), respectively; and c. Revising the second sentence of new paragraph
(c)to read as follows: 19.501 General.
(c)* * *. The contracting officer shall perform market research and document why a small business set-aside is inappropriate when an acquisition is not set aside for small business, unless an award is anticipated under the 8(a), HUBZone or service-disabled veteran-owned small business programs. * * * 6. Amend section 19.502-2 by adding a new first sentence and revising the last sentence in paragraph
(a)and adding a new first sentence in paragraph
(b)to read as follows: 19.502-2 Total small business set-asides.
(a)Before setting aside an acquisition under this paragraph, refer to 19.203(a). * * *. The small business reservation does not preclude the award of a contract as described in 19.203 or 19.1007(c).
(b)Before setting aside an acquisition under this paragraph, follow 19.203(b). * * * 7. Amend section 19.800 by revising paragraph
(e)to read as follows: 19.800 General.
(e)Before deciding to set aside an acquisition in accordance with Subpart 19.5, the contracting officer must consider offering the acquisition under the 8(a) Program (see 19.203). 8. Amend section 19.1305 by revising paragraphs
(a)through
(d)to read as follows: 19.1305 HUBZone set-aside procedures.
(a)The contracting officer—
(1)May set aside acquisitions exceeding the simplified acquisition threshold for competition restricted to HUBZone small business concerns when the requirements of paragraph
(b)of this section can be satisfied (see 19.203);
(2)Must set-aside acquisitions exceeding the simplified acquisition threshold for HUBZone small business concerns before setting them aside for small business concerns or conducting the acquisition using full and open competition if the conditions in paragraph
(b)of this section are met; and
(3)Must consider HUBZone set-asides before considering HUBZone sole source awards (see 19.1306).
(b)To set aside an acquisition for competition restricted to HUBZone small business concerns, the contracting officer must have a reasonable expectation that—
(1)Offers will be received from two or more HUBZone small business concerns; and
(2)Award will be made at a fair market price.
(c)A contracting officer may set aside acquisitions exceeding the micro-purchase threshold but not exceeding the simplified acquisition threshold for competition restricted to HUBZone small business concerns at the sole discretion of the contracting officer, provided the requirements of paragraph
(b)of this section can be satisfied.
(d)If the contracting officer receives only one acceptable offer from a qualified HUBZone small business concern in response to a set-aside, the contracting officer should make an award to that concern. If the contracting officer receives no acceptable offers from HUBZone small business concerns, the HUBZone set-aside shall be withdrawn. 9. Amend section 19.1405 by revising paragraph
(a)and the second sentence of paragraph
(c)to read as follows: 19.1405 Service-disabled veteran-owned small business set-aside procedures.
(a)The contracting officer—
(1)May set aside acquisitions exceeding the micro-purchase threshold for competition restricted to service-disabled veteran-owned small business concerns when the requirements of paragraph
(b)of this section can be satisfied (see 19.203); and
(2)Must consider service-disabled veteran-owned small business set-asides before considering service-disabled veteran-owned small business sole source awards (see 19.1406) or small business set-asides (see 19.5).
(c)* * *. If the contracting officer receives no acceptable offers from service-disabled veteran-owned small business concerns, the service-disabled veteran-owned set-aside shall be withdrawn. 19.1406 [Amended] 10. Amend introductory paragraph
(a)by removing “19.501(d)” and adding “19.203” in its place. [FR Doc. E8-4561 Filed 3-7-08; 8:45 am] BILLING CODE 6820-EP-P 73 47 Monday, March 10, 2008 Notices ARMED FORCES RETIREMENT HOME Notice of Availability of a Record of Decision AGENCY: Armed Forces Retirement Home. ACTION: Notice of availability of a Record of Decision on the Final Environmental Impact Statement for the proposed Master Plan for its campus located at 3700 North Capital Street, NW., in Washington, DC. SUMMARY: Pursuant to the requirements of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321, *et seq.* and the Council on Environmental Quality Regulations (40 Code of Federal Regulations [CFR] Parts 1500-1508), the Armed Forces Retirement Home
(AFRH)announces the availability of a Record of Decision on the Final Environmental Impact Statement for the proposed Master Plan for its campus located at 3700 North Capital Street, NW., in Washington, DC. On February 26, 2008, the Chief Operating Officer of the Armed Forces Retirement Home approved the Record of Decision for the Environmental Impact Statement for the proposed Master Plan for the AFRH-Washington campus. Specifically, AFRH has chosen to implement Alternative 3A (Selected Alternative) from the Final Environment Impact Statement for the creation of a master plan for AFRH-W that will sustain the AFRH and its primary source of funding, the AFRH Trust Fund. The Record of Decision
(ROD)documents the specific components of AFRH's decision and the rationale for the decision. This decision is based on analyses contained in the Draft Environmental Impact Statement
(EIS)issued in May 2005; the Final EIS issued in November 2007; the comments of Federal and state agencies, members of the public, and elected officials; and other information in the administrative record. The decision to implement the Selected Alternative involved balancing resource concerns and public interests. AFRH reached its decision after careful consideration of the environmental analysis of the effects of the build alternatives and the no build alternative, in concert with its needs. The Selected Alternative includes key measures to avoid and minimize impacts including
(1)Minimizing impacts to the historic components of AFRH-W including adaptive re-use of buildings which contribute to the historic character of the site and retention of key landscape features, such as the meadow on the southern portion of the site;
(2)providing new construction that is compatible with surrounding land uses, including placement of retail and commercial development along North Capitol and Irving Streets, low scale residential development along Park Place, and institutional uses around the AFRH-W administrative and residential areas;
(3)providing park and open space amenities for AFRH-W residents and the surrounding community;
(4)providing affordable housing; and
(5)providing commercial and retail opportunities to serve the surrounding community. The Record of Decision includes a statement of the decision made, synopses of other alternatives considered, the basis for the decision, an overview of public involvement in the decision-making process, and identification of the specific mitigation measures that will pursued as of the selected alternative. This decision is the result of a public planning process that began in 2004. The official responsible for this decision is the Chief Operating Officer of the Armed Forces Retirement Home. ADDRESSES: The Record of Decision and other information may be obtained from the contacts listed below, or may be viewed online at *http://www.afrhdevelopment.com* . FOR FURTHER INFORMATION CONTACT: Joe Woo, AFRH, 3700 N. Capitol St, P.O. Box 1303, Washington, DC 20011-8400,
(202)202-730-3038, or Tim Sheckler, GSA, 301 7th Street, SW., Room 7709, Washington, DC 20407, (202)-401-5806. Dated: February 29, 2008. Timothy Cox, Chief Operating Officer Armed Forces Retirement Home. [FR Doc. E8-4639 Filed 3-7-08; 8:45 am] BILLING CODE 8250-01-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35). *Agency:* U.S. Census Bureau. *Title:* Census Participation Survey. *Form Number(s):* None. *OMB Control Number:* None. *Type of Request:* New collection. *Burden Hours:* 1,667. *Number of Respondents:* 4,000. *Average Hours per Response:* 25 minutes. *Needs and Uses:* Every ten years, the U.S. Census Bureau is constitutionally and congressionally mandated, pursuant to Title 13 U.S.C. Section 141, to count everyone (citizens and non-citizens) residing in the United States. An accurate count is critical for many reasons including but not limited to: • Congressional reapportionment; • Redistricting congressional boundaries; • Community planning; and • Distribution of public funds and program development. To facilitate the data collection effort for the 2010 Census, the Census Bureau is developing an Integrated Communications Plan (ICP). Toward that end, the Census Bureau has contracted with DraftFCB to develop and implement an integrated communications campaign for the 2010 Census. DraftFCB had contracted with MACRO International, Inc. (who in turn has subcontracted with Human Resources Research Organization) to conduct a nationwide quantitative data collection to understand the barriers and motivators underlying participation (or lack thereof) in Census 2010. This data collection is critical to ensure the utility and effectiveness of the ICP. The role of the ICP is to increase public awareness and motivate people to respond to the census promptly, saving millions of taxpayer dollars. The specific objectives of the ICP are: • Increase mail response; • Improve cooperation with enumerators; and • Improve overall accuracy and reduce differential undercount. From 1970—the first year questionnaires were mailed to households—to 1990, the mail response rate declined from 78 percent to 65 percent. To halt the declining mail response rate, the Census Bureau ran a paid advertising campaign to support data collection activities for the 2000 Census. This campaign was considered a very successful initiative and one of several reasons cited with helping to reverse declining mail response rates. The target mail response rate for the 2010 Census has been set at 69 percent, higher than the 67 percent obtained in Census 2000. To support this goal, the ICP includes a communications campaign based on behavior during the 2000 Census and current knowledge, attitudes, perceptions, barriers, and motivations specific to 2010 Census participation. The Census Bureau is requesting clearance for DraftFCB's subcontractor, MACRO International, Inc. to conduct the Census Participation Survey to gain an in-depth understanding of the public's opinions about the 2010 Census. Collecting this information allows the Census Bureau to explore underlying factors contributing to public views of the 2010 Census; identify census related behavioral drivers and barriers; determine communication channels for reaching historically hard-to-count populations; and analyze messages they should convey to motivate the public to participate—potentially saving hundreds of millions of taxpayer dollars used to collect the census data. The primary purpose of the Census Participation Survey is to inform tactical and strategic decisions for the ICP. This research is designed to complement previous participation research conducted for Census 2000 as well as the Census Planning Database (a geographic summary file with Census 2000 response information) to inform the strategic direction of the 2010 Census Integrated Communications Plan (ICP). The data collected will not be used to produce official Census Bureau estimates of the population. When possible, respondents to the Census Participation Survey will be matched to the Census Planning Database
(PDB)by tract number to link to Census 2000 census participation and hard-to-count data. In cases where a link to tract can be made, we will further roll cases back up into an eight-cluster segmentation scheme based on the PDB. The Census Participation Survey will make use of three different sampling frames described below: *Address Frame:* No address information is collected from the respondent. The selected addresses are sampled from the USPS's Delivery Sequence File
(DSF)and geo-coded to link to census tract. *RDD Landline Frame:* No address information is collected from the respondent. Telephone numbers will be reverse matched to local telephone directories to identify as many addresses as possible. These addresses will be geo-coded to link to census tract. For those with no match (unlisted telephone numbers), we use the estimated census tract based on the telephone exchange and geographic associations. *RDD Cell Phone Frame:* For cell phone respondents, we cannot determine geographic location since cell phone area codes are not always geographically associated. Instead, we will rely on demographic data such as age, marital status, mobility, tenure, and whether the household is cell-phone only to assign interviews into segment. The combined data will be used to measure census awareness, attitudes, knowledge, and likelihood to respond to the census. This data will be used to further define the audience segmentation clusters to inform the communications strategy. Further, the data will be used to evaluate census messaging alternatives and analyze media consumption by audience segmentation. The Census Participation Survey also serves as a baseline measure of 2010 Census for monitoring change in awareness and intent to participate during the build-up and execution of Census 2010. *Affected Public:* Individuals or households. *Frequency:* One-time. *Respondent's Obligation:* Voluntary. *Legal Authority:* The legal authority under which this information is being collected is the general authority of the Census Bureau to undertake the decennial Census in 2010, Title 13 U.S.C. 141. *OMB Desk Officer:* Brian Harris-Kojetin,
(202)395-7314. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Brian Harris-Kojetin, OMB Desk Officer by fax (202-395-7245) or e-mail ( *bharrisk@omb.eop.gov* ). Dated: March 5, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-4635 Filed 3-7-08; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Agency:* Bureau of Industry and Security (BIS). *Title:* Procedures for Acceptance or Rejection of Rated Orders. *OMB Control Number:* 0694-0092. *Form Number(s):* None. *Type of Request:* Regular submission. *Burden Hours:* 21,389. *Number of Respondents:* 18,000. *Average Hours per Response:* 1 to 15 minutes. *Needs and Uses:* Under the Defense Priorities Allocation System regulation, timely delivery goods and services, to meet current national defense, energy, and emergency preparedness program requirements in support of approved national defense programs, is critical. The order information is used by the customer who placed the rated order with a supplier to help track the status from initial receipt by the supplier to its shipment or performance of the needed goods or services. The information will also be used by the Department of Defense and its associated agencies, Department of Energy, and Department of Commerce, as part of the information required to provide assistance to the customer in the event that the supplier cannot or will not make timely delivery or performance of the needed goods or services. *Affected Public:* Business and other for-profit organizations. *Frequency:* On occasion. *Respondent's Obligation:* Required to obtain or retain benefits. *OMB Desk Officer:* David Rostker,
(202)395-3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, FAX number
(202)395-7285 or via the Internet at *David_Rostker@omb.eop.gov* . Dated: March 5, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-4636 Filed 3-7-08; 8:45 am] BILLING CODE 3510-33-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Agency:* Bureau of Industry and Security (BIS). *Title:* Export and Reexport Controls for Iraq. *OMB Control Number:* 0694-0129. *Form Number(s):* None. *Type of Request:* Regular submission. *Burden Hours:* 19. *Number of Respondents:* 5. *Average Hours per Response:* 3 to 3 1/2 hours. *Needs and Uses:* A company wishing to export or reexport commodities and technical data for infrastructure rebuilding projects in Iraq is required to submit a Special Iraq Reconstruction License package to BIS. These documents are used as the basis for decisions to grant licenses for export or reexport of items covered by the Commerce control list. *Affected Public:* Business and other for-profit organizations. *Frequency:* On occasion. *Respondent's Obligation:* Required to obtain or retain benefits. *OMB Desk Officer:* David Rostker,
(202)395-3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, FAX number
(202)395-7285 or via the Internet at *David_Rostker@omb.eop.gov* . Dated: March 5, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-4637 Filed 3-7-08; 8:45 am] BILLING CODE 3510-33-P DEPARTMENT OF COMMERCE International Trade Administration A-549-813 Canned Pineapple Fruit from Thailand: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, U.S. Department of Commerce. EFFECTIVE DATE: March 10, 2008. FOR FURTHER INFORMATION CONTACT: Douglas Kirby, Office of AD/CVD Operations 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone:
(202)482-3782. Background On August 20, 2007, the Department of Commerce (the Department) published in the **Federal Register** the notice of initiation of the administrative review of the antidumping duty order on canned pineapple fruit from Thailand for Vita Food Factory
(1989)Ltd. (Vita). *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part* , 72 FR 48613 (August 20, 2007). The period of review for Vita is July 1, 2006 through June 30, 2007. Extension of Time Limits for Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), and section 351.213(h)(1) of the Department's regulations require the Department to issue the preliminary results of a review within 245 days after the last day of the anniversary month of the order or suspension agreement for which the administrative review was requested, and final results of the review within 120 days after the date on which the notice of the preliminary results is published in the **Federal Register** . However, if the Department determines that it is not practicable to complete the review within the aforementioned specified time limits, section 751(a)(3)(A) of the Act and section 351.213(h)(2) of the Department's regulations allow the Department to extend the 245-day period to 365 days and to extend the 120-day period to 180 days. Due to the need for further analysis of Vita's questionnaire response, particularly with respect to Vita's reported selling agents and commissions, the Department finds that it is not practicable to complete the preliminary results of this review within the original time limit. Therefore, the Department is extending the deadline for completion of the preliminary results of this administrative review of the antidumping duty order on canned pineapple fruit from Thailand by 120 days from April 1, 2008 until no later than July 30, 2008. This notice is issued and published pursuant to sections 751(a)(3)(A) and 777(i)(1) of the Act. Dated: March 3, 2008. Gary S. Taverman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E8-4640 Filed 3-7-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-549-813 Canned Pineapple Fruit from Thailand: Extension of Time Limit for Final Results of Antidumping Duty New Shipper Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: March 10, 2008. FOR FURTHER INFORMATION CONTACT: Myrna Lobo, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, Department of Commerce, Room 7866, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone:
(202)482-2371. Background On December 27, 2007, the Department published the preliminary results of the new shipper review of the antidumping duty order on canned pineapple fruit
(CPF)from Thailand for the period July 1, 2006 through December 31, 2006. *See Canned Pineapple Fruit from Thailand: Preliminary Results of Antidumping Duty New Shipper Review* , 72 FR 73318 (December 27, 2007). This review covers the respondent, C & A Products Co., Ltd. (C&A), a producer/exporter of the subject merchandise to the United States. Extension of Time Limit for Final Results The final results of this new shipper review are currently due on March 18, 2008. Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the Act) requires the Department to issue the final results of a new shipper review of an antidumping order within 90 days after the date the preliminary results are issued. However, if the review is extraordinarily complicated, the Act allows the Department to extend the time limit for the final results to a maximum of 150 days. This new shipper review involves complicated material costs that differ between the U.S. and the comparison market. The Department must therefore perform additional analysis specifically with regard to the information collected at verification which was conducted subsequent to the issuance of the preliminary results. Thus, in accordance with section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2), the Department is extending the time period for issuing the final results of review by an additional 60 days. Since the 60-day extension would result in the deadline for the final results falling on May 17, 2008, which is a Saturday, the new deadline for the final results will be the next business day, May 19, 2008. *See Notice of Clarification: Application of “Next Business Day” Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended* , 70 FR 24533 (May 10, 2005). This notice is published pursuant to sections 751(a)(2)(B)(iv) and 777(i)(1) of the Act and 351.214(i)(2) of the Department's regulations. Dated: March 3, 2008. Gary Taverman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E8-4648 Filed 3-7-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD49 Pacific Whiting; Advisory Panel AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. SUMMARY: NMFS is continuing its solicitation of nominations for the Advisory Panel
(AP)on Pacific Whiting called for in the Pacific Whiting Act of 2006 (Act). An initial solicitation was published in the **Federal Register** on October 24, 2007 and resulted in insufficient nominations to meet the requirements of the Act. Nominations are being sought for at least 6, but not more than 12 individuals to serve as United States representatives on the AP. Nomination packages received during the initial solicitation period will be considered in final selection of United States representatives to the AP and it is not necessary to resubmit them. DATES: Nominations must be received April 9, 2008. ADDRESSES: You may submit nominations by any of the following methods: • E-mail: *WhitingAP.nwr@noaa.gov* : Include 0648-XD49 in the subject line of the message. • Fax: 206-526-6736, Attn: Frank Lockhart. • Mail: D. Robert Lohn, Administrator, Northwest Region, NMFS, 7600 Sand Point Way NE, Seattle, WA, 98115-0070. It is not necessary to resubmit nomination packages that were sent in during the initial solicitation period. FOR FURTHER INFORMATION CONTACT: Frank Lockhart at 206-526-6142. SUPPLEMENTARY INFORMATION: Title VI of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
(MSRA)entitled “The Pacific Whiting Act of 2006,” implements the 2003 “Agreement Between the Government of the United States of America and the Government of Canada on Pacific Hake/Whiting.” Among other provisions, the Whiting Act provides for the establishment of an AP to advise the Joint U.S. Canada Management Committee on bilateral whiting management issues. An initial solicitation was published in the **Federal Register** on October 24, 2007 (72 FR 60317) and resulted in insufficient nominations to meet the requirements of the Act. Nominations are being sought to fill at least 6 but no more than 12 positions on the Pacific Whiting AP for terms of 4-years. The Whiting Act requires that appointments to the AP be selected from among individuals who are “(A) knowledgeable or experienced in the harvesting, processing, marketing, management, conservation, or research of the offshore whiting resource: and
(B)not employees of the United States.” Nominations are sought for any persons meeting these requirements. Nomination Packages for appointment to the AP should include: 1. The name of the applicant or nominee and a description of his/her interest in Pacific whiting; and, 2. A statement of background and/or description of how the above qualifications are met. The term of office for the Pacific Whiting AP members will be for 4-years (48 months). Members appointed to the AP will be reimbursed for necessary travel expenses. In the initial year of treaty implementation, NMFS anticipates that up to 3 meetings of the AP will be required. In subsequent years, 1-2 meetings of the AP will be held annually. Meetings of the AP will be held in the United States or Canada. AP members will need a valid U.S. passport. Meetings of the AP will be held concurrently with those of the Joint Management Committee, once per year for a period not to exceed 5 days in duration. The Pacific Whiting Act of 2006 also states that while performing their appointed duties as AP members, members “shall be considered to be Federal Employees only for purposes of:
(1)injury compensation under chapter 81 of title 5, United States Code;
(2)requirements concerning ethics, conflicts of interest, and corruption as provided under title 18, United States Code; and,
(3)any other criminal or civil statute or regulation governing the conduct of Federal employees.” Authority: 16 U.S.C. 1801 *et seq.* Dated: March 4, 2008. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-4683 Filed 3-7-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Deep Seabed Mining Regulations for Exploration Licenses AGENCY: National Oceanic and Atmospheric Administration (NOAA). ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before *May 9, 2008.* ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Helen Farr, 301-713-3155, ext. 175 or *Helen.Farr@noaa.gov.* SUPPLEMENTARY INFORMATION: I. Abstract NOAA's regulations at 15 CFR 970 govern the issuing and monitoring of exploration licenses under the Deep Seabed Hard Mineral Resources Act. Any persons seeking a license must submit certain information that allows NOAA to ensure the applicant meets the standards of the Act. Persons with licenses are required to conduct monitoring and make reports, and they may request revisions, transfers, or extensions of licenses. II. Method of Collection Paper submissions are used; however, applicants are encouraged to submit supporting documentation electronically when feasible. III. Data *OMB Control Number:* 0648-0145. *Form Number:* None. *Type of Review:* Regular submission. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Respondents:* 2. *Estimated Time per Response:* 2,000-4,000 hours per application (no applications are expected); 250 hours per renewal of application (1 application is expected to be renewed); and 20 hours per report (2 reports are expected). *Estimated Total Annual Burden Hours:* 290. *Estimated Total Annual Cost to Public:* $700. IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: March 5, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-4634 Filed 3-7-08; 8:45 am] BILLING CODE 3510-08-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Notice of Availability of Draft Environmental Impact Statement (DEIS), Notice of Public Comment Period for the DEIS and Schedule of Public Hearings for the National Oceanic and Atmospheric Administration's Office of Ocean and Coastal Resource Management's Review of Amendments to the Washington Coastal Management Program AGENCY: Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), Office of Ocean and Coastal Resource Management (OCRM). ACTION: Notice of Availability of DEIS, Notice of Public Comment Period for the DEIS and Schedule of Public Hearings. SUMMARY: NOAA's Office of Ocean and Coastal Resource Management is issuing this notice to advise the public that a DEIS for OCRM's review of amendments to the Washington Coastal Management Program has been prepared and is available for public review and comment. Written requests for the DEIS and written comments on the DEIS can be submitted to the individual listed in the section FOR FURTHER INFORMATION CONTACT . Public Hearings will be held on April 10, 2008 and April 11, 2008. The public comment period commenced on February 29, 2008 as noticed in the **Federal Register** at *http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=5668694961+0+0+0&WAISaction=retrieve* and will close on April 14, 2008. *Public Comment Hearings:* The start of the public comment period on the DEIS commenced February 29, 2008 and will close on April 14, 2008. Two public hearings will be held; one on April 10, 2008 and one on April 11, 2008 in Lacey, Washington and Seattle, Washington, respectively. The public hearing on April 10th will be held in Lacey, Washington at the Washington State Department of Ecology Headquarters, (300 Desmond Drive) and will begin at 3:30 p.m. and last until 6:30 p.m. The public hearing on April 11th will be held in Seattle Washington at the Mountaineers Building, Tahoma 2 Room (300 Third Avenue West) and will begin at 3:30 p.m. and last until 6:30 p.m. DEIS Availability and Review Copies of the DEIS are available either on CD or hard copy by contacting Helen Farr at the FOR FURTHER INFORMATION CONTACT section below. In addition, the DEIS has been posted on OCRM's Web site at *http://coastalmanagement.noaa.gov/assessments/welcome.html* and the Washington State Department of Ecology's Web site at *http://www.ecy.wa.gov/programs/sea/czm.* Comments from interested parties on the DEIS are encouraged and may be presented orally at the public hearings. Written comments may be submitted to OCRM during the public hearings and at the address (including e-mail address) in the section entitled FOR FURTHER INFORMATION CONTACT . OCRM encourages all interested parties to provide comments concerning the scope and content of the DEIS. Comments should be as specific as possible and address the analysis of potential alternatives. This commenting procedure is intended to ensure that substantive comments and concerns are made available to OCRM in a timely manner so that OCRM has an opportunity to address them. SUPPLEMENTARY INFORMATION: The DEIS discloses the environmental consequences associated with OCRM's review of amendments to the State of Washington's federally-approved coastal management program (CMP). OCRM's approval of Washington's request to incorporate changes into the Washington CMP would allow the State to continue its certification as a federally-approved CMP, receive Coastal Zone Management Act
(CZMA)funds to implement the revised program, and conduct State and federal consistency reviews based on the revised program policy. Incorporation of the revised Washington Shoreline Management Act Guidelines
(SMA)will result in the following changes: • Revise state guidelines requiring local governments located in the designated coastal zone to revise their Shoreline Master Programs to be consistent with the standards contained in the new Washington SMA; • Achieve improved water quality, scenic beauty, safer development and a number of other new objectives consistent with the policies of the SMA; • Make improvements to the existing shoreline environments as part of mitigation and restoration requirements; • Give designated “critical” areas special attention where future development may result in negative impacts; and • Ensure that activities that do not normally require a shoreline development permit still help achieve SMA policy goals. The purpose and need for OCRM's review of the amendments is reviewed in the DEIS. All reasonable and prudent alternatives are being considered, including the no-action alternative. FOR FURTHER INFORMATION CONTACT: Helen Farr, Environmental Protection Specialist, National Oceanic and Atmospheric Administration, OCRM/CPD, N/ORM3, Station 11209, 1305 East-West Highway, Silver Spring, MD 20910 or *Helen.Farr@noaa.gov* . Ms. Farr may be contacted during business hours at
(301)713-3155, extension 175 (telephone) and 301-713-4367 (fax). The comments period will close on April 14, 2008. Dated: March 4, 2008. David M. Kennedy, Director, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration, Federal Domestic Assistance Catalog 11.419 Coastal Zone, Management Program Administration. [FR Doc. E8-4711 Filed 3-7-08; 8:45 am] BILLING CODE 3510-08-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF69 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. SUMMARY: The Administrator, Northeast Region, NMFS (Regional Administrator) has made a preliminary determination that the subject Exempted Fishing Permit
(EFP)application from the Gulf of Maine Research Institute
(GMRI)that would exempt Atlantic herring (herring) vessels from the Management Area 1A (Area 1A) herring trawl gear restriction period contains all the required information and warrants further consideration. The Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Atlantic Herring Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made. DATES: Comments on this document must be received on or before March 25, 2008. ADDRESSES: Comments may be submitted by e-mail. The mailbox address for providing e-mail comments is *herring.efp@noaa.gov* . Include in the subject line of the e-mail comment the following document identifier: “Comments on GMRI herring EFP.” Written comments should be sent to Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope, “Comments on GMRI herring EFP.” Comments may also be sent via facsimile
(fax)to
(978)281-9135. FOR FURTHER INFORMATION CONTACT: Ryan Silva, Cooperative Research Program Specialist, phone: 978-281-9326, fax: 978-281-9135. SUPPLEMENTARY INFORMATION: Pending final approval by NOAA's Grants Management Division, the Science Director for NMFS's Northeast Fisheries Science Center has preliminarily selected an Atlantic Herring Research Set Aside
(RSA)proposal submitted by GMRI to conduct a study entitled: “Effects of Fishing on Herring Aggregations,” which would assess the effects of midwater trawling on herring aggregations. GMRI proposes to survey a herring aggregation using acoustic sonar prior to, during, and following trawl fishing pressure. Due to concern that other fishing vessels, particularly other herring midwater trawl vessels, fishing in the study area could interfere with the survey, GMRI submitted an EFP application to conduct its research during the herring midwater trawl gear restriction period, as specified at 50 CFR 648.202(a) and detailed below, thereby ensuring midwater trawl vessels will not be fishing in the study area. Amendment 1 to the FMP implemented a provision that vessels fishing for herring may not use, deploy, or fish with midwater trawl gear in Area 1A from June 1 through September 30. This measure was implemented due to concern about the potential impacts of midwater trawl fishing on the inshore Gulf of Maine
(GOM)herring resource and other bycatch species. These concerns relate primarily to the importance of herring as a forage species for other fish, marine mammals, and seabirds, and the localized impact that midwater trawl fishing effort may have on schools of herring in nearshore areas. Additional concern was expressed by purse seine and weir fishers that midwater trawl gear may disperse herring schools and prevent herring schools from coming inshore, thereby limiting fishing opportunities for these respective gear types. Finally, data suggest there may be differences in the species composition of bycatch and mortality of bycatch between purse seine and midwater trawl gear. Therefore, restricting midwater trawl gear in Area 1A from June through October is intended to:
(1)Increase herring availability as forage for various fish, marine mammal, and seabird species;
(2)improve fishing opportunities for purse seine and weir fishers; and
(3)reduce bycatch and bycatch mortality resulting from midwater trawling in Area 1A. Technical reviewers and panelists for the 2008/2009 Herring RSA Program noted that the proposed research would provide important information that would improve the understanding of midwater trawling effects on herring aggregations. GMRI requests that a single vessel or paired vessels perform, under sonar surveillance, midwater trawling for up to four nights using standard midwater trawl gear in Area 1A between June 1 and September 30, 2008. Vessels would conduct five or fewer tows per night, with each tow lasting 2 to 4 hr. All trawling operations would be monitored by GMRI staff. All herring caught during the survey would be deducted from GMRI's Area 1A Herring RSA Program compensation allocation of 1,350 mt. Vessels conducting the survey would not be allowed to exceed their Area 1A compensation allocation while fishing under the EFP. Project investigators propose that sonar data prior to, during, and following trawl fishing pressure will illuminate the effect of midwater trawling on herring aggregations. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs. The applicant may place requests for minor modifications and extensions to the EFP throughout the year. EFP modifications and extensions may be granted without further notice if they are deemed essential to facilitate completion of the proposed research and minimal so as not to change the scope or impact of the initially approved EFP request. Authority: 16 U.S.C. 1801 *et seq.* Dated: March 5, 2008. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-4645 Filed 3-7-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF83 Advisory Committee to the U.S. Section to the International Commission for the Conservation of Atlantic Tunas (ICCAT); Spring Species Working Group Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. SUMMARY: The Advisory Committee (Committee) to the U.S. Section to the International Commission for the Conservation of Atlantic Tunas (ICCAT) announces its spring meeting with its Species Working Group Technical Advisors on March 27-28, 2008. The Committee will meet to discuss matters relating to ICCAT, including the 2007 Commission meeting results; research and management activities; global and domestic initiatives related to ICCAT; consultations required under section 971d(c)(6) of the Atlantic Tunas Convention Act; the results of the meetings of the Committee's Species Working Groups; and other matters relating to the international management of ICCAT species. DATES: The open sessions of the Committee meeting will be held on March 27, 2008, from 8:30 a.m. to 2:30 p.m., and on March 28, 2008, from 9 a.m. to 9:15 a.m. and from 11 a.m. to 3:30 p.m. Closed sessions will be held on March 27, 2008, from 2:45 p.m. to approximately 6 p.m. and on March 28, 2008, from 9:15 a.m. to 11 a.m. ADDRESSES: The meeting will be held at the Hilton Hotel Washington-Silver Spring, 8727 Colesville Road, Silver Spring, MD 20910, telephone: 301-589-5200. FOR FURTHER INFORMATION CONTACT: Ryan Wulff at
(301)713-2276. SUPPLEMENTARY INFORMATION: The Advisory Committee to the U.S. Section to ICCAT will meet in open session to receive and discuss information on:
(1)the 2007 ICCAT meeting results and U.S. implementation of ICCAT decisions;
(2)2008 ICCAT and NMFS research and monitoring activities;
(3)2008 ICCAT activities;
(4)global and domestic initiatives related to ICCAT;
(5)consultations required under section 971d(c)(6) of the Atlantic Tunas Convention Act;
(6)the results of the meetings of the Committee's Species Working Groups; and
(7)other matters relating to the international management of ICCAT species. The public will have access to the open sessions of the meeting, but there will be no opportunity for public comment during the session. The Committee will meet in its Species Working Groups for a portion of the afternoon of March 27, 2008, and of the morning of March 28, 2008. These sessions are not open to the public, but the results of the species working group discussions will be reported to the full Advisory Committee during the Committee's morning and afternoon open session on March 28, 2008. The Committee may also go into executive session on the afternoon of March 28, 2008, to discuss sensitive information relating to upcoming intersessional meetings of ICCAT. This session would also be closed to the public. Special Accommodations The meeting location is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Ryan Wulff at
(301)713-2276 at least 5 days prior to the meeting date. Dated: March 5, 2008. Rebecca J. Lent, Director, Office of International Affairs, National Marine Fisheries Service. [FR Doc. E8-4698 Filed 3-7-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XG14 Gulf of Mexico Fishery Management Council; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The Gulf of Mexico Fishery Management Council to convene its Socioeconomic Panel
(SEP)via conference call. DATES: The conference call will be held March 25, 2008, at 1 p.m. EDT. ADDRESSES: The meeting will be held via conference call and listening stations will be available. For specific locations see SUPPLEMENTARY INFORMATION . *Council address* : Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Assane Diagne, Economist, Gulf of Mexico Fishery Management Council; telephone:
(813)348-1630. SUPPLEMENTARY INFORMATION: The conference call will begin at 1 p.m. EDT and conclude no later than 3 p.m. EDT. Listening stations are available at the following locations: The Gulf Council office (see ADDRESSES ), and the National Marine Fisheries Service
(NMFS)offices as follows: St. Petersburg, FL 263 13th Avenue South, St. Petersburg, FL 33701, Contact: Stephen Holiman, telephone:
(727)551-5719; Galveston, TX 4700 Ave U, Conference room - Bldg 305, Galveston, TX 77551, Contact: Ronnie O'Toole, telephone:
(409)766-3500; Miami, FL 75 Virginia Beach Drive, Miami, FL 33149, Contact: Sophia Howard, telephone:
(305)361-4259; and Panama City, FL 3500 Delwood Beach Road, Panama City, FL 32408, Contact: Janice Hamm, telephone:
(850)234-6541. The SEP will hold a conference call to discuss Reef Fish Amendment 30-B. Amendment 30B contains potential management measures to define overfishing and overfished thresholds and an optimum yield
(OY)target for gag; end overfishing of gag; increase the total allowable catch
(TAC)of the red grouper stock to its OY level; establish recreational and commercial allocations for gag and red grouper; establish accountability measures for gag to assure compliance with ending overfishing; adjust commercial grouper quotas and recreational grouper bag limits; closed seasons; and/or size limits; reduce discards and discard mortality of groupers; establish a new reef fish marine reserve and/or extend the duration of the existing Madison-Swanson and Steamboat Lumps marine reserves; and require that federally permitted reef fish vessels comply with the more restrictive of federal or state reef fish regulations when fishing in state waters. Although other non-emergency issues not on the agenda may come before the SEP for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnsuon-Stevens Act), those issues may not be the subject of formal action during the meeting. Actions will be restricted to the issue specifically identified in the agenda and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the SEP's intent to take action to address the emergency. Special Accommodations The listening stations are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Tina Trezza at the Council (see ADDRESSES ) at least 5 working days prior to the meeting. Dated: March 5, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-4613 Filed 3-7-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XG15 New England Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The New England Fishery Management Council's (Council) Groundfish Oversight Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). DATES: The meeting will be held on Thursday, March 27, 2008, at 9 a.m. ADDRESSES: The meeting will be held at the Holiday Inn by the Bay, 88 Spring Street, Portland, ME 04101; telephone:
(207)775-2311. *Council address* : New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone:
(978)465-0492. SUPPLEMENTARY INFORMATION: The items of discussion in the committee's agenda are as follows: 1. The Groundfish Oversight Committee will meet to continue development of Amendment 16 to the Northeast Multispecies Fishery Management Plan. The Committee will address a wide range of issues at this meeting. These will include additional development of effort controls for the commercial fishery, such as days-at-sea restrictions, trip limits, closed areas, gear modifications, or other input controls. 2. They will also further develop Annual Catch Limit and Accountability Measure alternatives. Sector issues may also be discussed, such as how sectors participate in Special Access Programs and technical issues with respect to calculating each permit's potential sector contribution. 3. The Committee may also review specific measures text, and may consider other groundfish management issues as time permits. Recommendations developed by the Committee will be reported to the Council at a future meeting. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Paul J. Howard (see ADDRESSES ) at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 *et seq.* Dated: March 5, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-4614 Filed 3-7-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XG16 New England Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce ACTION: Notice of a public meeting. SUMMARY: The New England Fishery Management Council (Council) is scheduling a public meeting of its Skate Committee, in March, 2008, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. DATES: This meeting will be held on Friday, March 28, 2008, at 10 a.m. ADDRESSES: This meeting will be held at the Four Points Sheraton, 407 Squire Road, Revere, MA 02151: telephone:
(781)284-7200; fax:
(781)289-3176. *Council address* : New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone:
(978)465-0492. SUPPLEMENTARY INFORMATION: The Committee will review Plan Development Team
(PDT)recommendations for skate catch limits and/or targets for Scientific and Statistical Committee
(SSC)review and discuss and recommend catch targets, taking into account biological and economic risk. The committee will also discuss and recommend methods for catch monitoring (by species, by fishery, by region, by season, etc.) and discuss and recommend accountability measures and their application. In addition, the committee will discuss and approve Amendment 3 measures recommended by the PDT to restrict skate fishing on Multispecies “B” days-at-sea. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Paul J. Howard, Executive Director, at
(978)465-0492, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 *et seq.* Dated: March 5, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-4615 Filed 3-7-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE Office of the Secretary Renewal of Department of Defense Federal Advisory Committees AGENCY: DoD. ACTION: Renewal of Federal Advisory Committee. SUMMARY: Under the provisions of the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.65, the Department of Defense gives notice that it is renewing the charter for the Chief of Engineers Environmental Advisory Board (hereafter referred to as the Board). The Board is a discretionary federal advisory committee established by the Secretary of Defense to provide the Department of Defense, the Secretary of Army, and the Chief of Engineers (U.S. Army Corps of Engineers) independent advice and recommendations on environmental issues facing the Corps of Engineers. The Board, in accomplishing its mission:
(a)Provides sound recommendations on specific policies, programs for the Chief of Engineers;
(b)advise on topics as environmental benefit assessment and integrated water resources management. The Board shall be composed of not more than 10 members, who are distinguished members of the natural (e.g., biological, ecological), social (e.g., anthropologist, community planner) and related sciences. Board members appointed by the Secretary of Defense, who are not federal officers or employees, shall serve as Special Government Employees under the authority of 5 U.S.C. 3109. Board members shall be appointed on an annual basis by the Secretary of Defense, and shall serve a term not to exceed four years. The Board membership shall select the Board's Chairperson from the total membership. Board members shall with the exception of travel and per diem for official travel, serve without compensation. The Board shall be authorized to establish subcommittees, as necessary and consistent with its mission, and these subcommittees or working groups shall operate under the provisions of the Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976, and other appropriate federal regulations. Such subcommittees or workgroups shall not work independently of the chartered Board, and shall report all their recommendations and advice to the Board for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the chartered Board nor can they report directly to the Department of Defense or any federal officers or employees who are not Board members. SUPPLEMENTARY INFORMATION: The Board shall meet at the call of the Board's Designated Federal Officer, in consultation with the Board's chairperson. The Designated Federal Officer, pursuant to DoD policy, shall be a full-time or permanent part-time DoD employee, and shall be appointed in accordance with established DoD policies and procedures. The Designated Federal Officer or duly appointed Alternate Designated Federal Officer shall attend all committee meetings and subcommittee meetings. Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written statements to the Chief of Engineers Environmental Advisory Board membership about the Board's mission and functions. Written statements may be submitted at any time or in response to the stated agenda of planned meeting of the Chief of Engineers Environmental Advisory Board. All written statements shall be submitted to the Designated Federal Officer for the Chief of Engineers Environmental Advisory Board, and this individual will ensure that the written statements are provided to the membership for their consideration. Contact information for the Chief of Engineers Environmental Advisory Board's Designated Federal Officer can be obtained from the GSA's FACA Database— *https://www.fido.gov/facadatabase/public.asp.* The Designated Federal Officer, pursuant to 41 CFR 102-3.150, will announce planned meetings of the Chief of Engineers Environmental Advisory Board. The Designated Federal Officer, at that time, may provide additional guidance on the submission of written statements that are in response to the stated agenda for the planned meeting in question. FOR FURTHER INFORMATION CONTACT: Contact Jim Freeman, Deputy Committee Management Officer for the Department of Defense, 703-601-2554, extension 128. Dated: March 4, 2008. L. M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E8-4625 Filed 3-7-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary [DoD-2008-OS-0001] Higher Limit to Initial Maximum Uniform Allowance Rate; 5 CFR Part 591, Subpart A AGENCY: Department of Defense; Office of the Deputy Under Secretary of Defense (Civilian Personnel Policy). ACTION: Notice; request for comments. SUMMARY: The Department of Defense (DoD or “the Department”), is proposing to establish a higher limit to the initial maximum uniform allowance used to procure and issue uniform items for firefighter personnel. This proposal is pursuant to the authority granted to DoD by § 591.104 of title 5, Code of Federal Regulations (CFR), which states that an agency may establish one or more initial maximum uniform allowance rates greater than the government-wide maximum uniform allowance rate established under 5 CFR 591.103. DATES: The Department must receive comments on or before May 9, 2008. ADDRESSES: You may submit comments, identified by docket number and/or RIN number and title, by any of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the instructions for submitting comments. • Mail: Federal Docket Management System Office, 1160 Defense Pentagon, Washington, DC 20301-1160. *Instructions:* All submissions received must include the agency name and docket number or Regulatory Information Number
(RIN)for this **Federal Register** document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at *http://regulations.gov* as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Ms. Mary Olson, 703-901-6840. SUPPLEMENTARY INFORMATION: DoD is proposing to implement a higher limit to the initial maximum uniform allowance to procure and issue uniform items for firefighter personnel. This is being proposed in accordance with 5 CFR 591.104, which states that an agency may establish one or more initial maximum uniform allowance rates greater than the government-wide maximum uniform allowance rate established under 5 CFR 591.103. The current limit has become inadequate to maintain the uniform standards and professional image expected of DoD firefighters. The uniform items for firefighters include the following items or similar items such as: Work shirts, work pants, work t-shirts, work coat, work cap, belt, dress shirts, dress pants, dress coat, dress shoes, dress hat, dress tie, weather gear, tie clips, tie bars, rank insignia, badges, patches, and name tags. The itemized total uniform cost for the listed items is $1604.14. Based on these current costs, the Department is proposing to increase the limit to the initial maximum uniform allowance for uniformed firefighter personnel to $1600.00. The number of firefighters affected by this change in the Department would be approximately 900 employees annually. The proposed effective date of this higher initial maximum uniform allowance rate is June 9, 2008. Dated: March 4, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E8-4725 Filed 3-7-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary [DoD-2008-OS-0013] Privacy Act of 1974; System of Records AGENCY: Defense Information Systems Agency. ACTION: Notice; correction. SUMMARY: The Department of Defense is correcting a Notice to Amend a System of Records that appeared on February 29, 2008 (72 FR 11095). The document corrects the notice to include information previously omitted. DATES: This proposed action will be effective without further notice on March 31, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Defense Information Systems Agency, 5600 Columbia Pike, Room 933-I, Falls Church, VA 22041-2705. FOR FURTHER INFORMATION CONTACT: Ms. Jeanette M. Weathers-Jenkins at
(703)681-2103. Correction In the **Federal Register** of February 29, 2008, in FR Doc. E8-3914, on page 11095, correct to add the following information to read as follows: K890.01 System name: Freedom of Information Act File. System location: General Counsel(RGC)Headquarters, Defense Information Systems Agency, P.O. Box 4502, Arlington, VA 22204-2199. Decentralized—DISA Field Activities World-wide. Official mailing addresses are published as an appendix to DISA's compilation of systems of records notices. Category of individuals covered by the system: Persons who request information under FOIA. Categories of records in the system: Consists of
(1)Policy File that contains DOD Directive 5400.7-R, DoD Freedom of Information Act Program; DISA Instruction 630-225-8-DISA, Freedom of Information Act Program.
(2)Log File, which consists of a record of all written requests, names, addresses and phone numbers of requestors who request information under the FOIA which has been processed within DISA since January 1, 1996.
(3)Correspondence received in DISA relating to FOIA, including replies thereto. Authority for maintenance of the system: 5 U.S.C. 552, Freedom of Information Act and DOD Directive 5400.7-R, DoD Freedom of Information Act Program. Purpose(s): For making available to the public the maximum amount of information concerning the operations and activities of DISA. DISA Management—to receive, process, and respond to requests for information under FOIA. General Counsel, DISA—to review and deny requests for information under provisions of FOIA and to forward applicable correspondence to the Director, DISA when the denial may be contested or appealed. DOD and Department of Justice—for review and in event of judicial action. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The “Blanket Routine Uses” set forth at the beginning of the DISA's compilation of systems of records notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: The paper records in file folders. Retrievability: Retrieved by the control number and the name of the individual who requested the information. Safeguards: Records are stored in a locked safe. Records pertaining to policy are permanent. Correspondence maintained for two years, then destroyed. Records are maintained in areas accessible only to authorized personnel. Retention and disposal: All records are retained by Office of General Counsel, Headquarters, DISA, for two years. Logs are kept until reference need expires. System manager(s) and address: FOIA Officer, Headquarters, Defense Information Systems Agency, Code GC, P.O. Box 4502, Arlington, VA 22204-2199. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Defense Information Systems Agency ATTN: FOIA Officer Code GC, P.O. Box 4502, Arlington, VA 22204-2199. Requests should contain individual's name, current address, and phone number. Record access procedures: Individuals seeking access to information about themselves contained in this system should address inquiries to the FOIA Officer, Defense Information Systems Agency Code GC, P.O. Box 4502, Arlington, VA 22204-2199. Requests should contain individual's name, current address, and phone number. Contesting record procedures: DISA's rules for accessing records, for contesting contents and appealing initial agency determinations are published in DISA Instruction 210-225; 32 CFR part 316; or may be obtained from the system manager. Record source categories: From individuals concerned. Exemptions claimed for the system: None. Dated: March 3, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E8-4714 Filed 3-7-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary [DoD-2008-OS-0023] Privacy Act of 1974; Systems of Records AGENCY: Defense Threat Reduction Agency. ACTION: Notice To Add a System of Records. SUMMARY: The Defense Threat Reduction Agency is proposing to add a system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This action will be effective without further notice on April 9, 2008, unless comments are received that would result in a contrary determination. ADDRESSES: Send comments to the Freedom of Information and Privacy Office, Defense Threat Reduction Agency, 8725 John J. Kingman Road, Fort Belvoir, VA 22060-6201 FOR FURTHER INFORMATION CONTACT: Ms. Brenda Carter at
(703)767-1771. SUPPLEMENTARY INFORMATION: The Defense Threat Reduction Agency notices for systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The proposed systems reports, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on February 29, 2008, to the House Committee on Oversight and Government Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Office of Management and Budget
(OMB)pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, `Federal Agency Responsibilities for Maintaining Records About Individuals,' dated February 8, 1996 (February 20, 1996, 61 FR 6427). March 3, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. HDTRA 026 System name: DTRA Telework Program Records. System location: Employee Relations and Work Life Division, Human Capital Office, Defense Threat Reduction Agency, 8725 John J. Kingman Road MSC 6201, Fort Belvoir, VA 22060-6201. Categories of individuals covered by the system: Individuals who have been granted approval to telework on a Regular, Recurring, or Situational basis in accordance with DTRA Telework Program. Categories of records in the system: Records include individual's name; office; office phone; official duty station; alternative worksite address (GSA Telecenter, Home, Other Alternative Worksite); mileage savings; time savings; work schedule and tour of duty at the alternative worksite; regular work schedule (8 hours a day, flexitour or compressed); telework schedule; and DTRA Form 147, Telework Agreement/Program (Telework Request and Approval Form, Self-Certification Home and Alternative Worksites, excluding GSA Telecenters, Telework Safety Checklist). Authority for maintenance of the system: 5 U.S.C. 6120, Telecommuting in Executive Agencies; Under Secretary of Defense for Personnel and Readiness Memorandum, Department of Defense Telework Policy and Guide for Civilian Employees, October 22, 2001; and DoD Instruction 1035.1, Telework Policy for Department of Defense, April 3, 2007, DTRA Instruction 1100.2 Defense Threat Reduction Agency Telework Program, August 11, 2006. Purpose(s): Records are used by supervisors and more frequently used by the telework program coordinators for managing, evaluating, and reporting DTRA Telework Program activity/participation. Data on participation in the DTRA Telework Program, minus personal identifiers, may also be provided to the Department of Defense
(DoD)for a consolidated DoD response to the Office of Personnel Management
(OPM)Telework Survey. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DOD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The Home and Alternative Worksites, excluding GSA Telecenters, Telework Safety Checklist may be disclosed to the Department of Labor when an employee is injured while working at home. Data on participation in the DTRA Telework Program, minus personal identifiers, may also be provided to the Department of Defense
(DoD)for a consolidated DoD response to the Office of Personnel Management
(OPM)Telework Survey. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Records are maintained in paper and electronic media. Retrievability: By Name and/or office/official duty station. Safeguards: Access is limited to the Employee Relations and Work Life Division, Human Capital Office. Case records are maintained in locked security containers. Automated records are controlled by limiting physical access to terminals and by the use of passwords. Work areas are sight controlled during normal duty hours. Security guards and an intrusion alarm system protect buildings. A risk assessment has been performed and will be made available upon request. The electronic database is further restricted by the use of Common Access Cards in order to access the excel spreadsheet. Retention and disposal: Records are destroyed 1 year after employee's participation in the program ends or destroyed when superseded or obsolete. System manager(s) and address: Human Resources Specialist (Employee Relations), Employee Relations and Work Life Division, Human Capital Office, Defense Threat Reduction Agency, 8725 John J. Kingman Road, MSC 6201, Fort Belvoir, VA 22060-6201. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Human Resources Specialist (Employee Relations), Employee Relations and Work Life Division, Human Capital Office, Defense Threat Reduction Agency, 8725 John J. Kingman Road, MSC 6201, Fort Belvoir, VA 22060-6201. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the Human Resources Specialist (Employee Relations), Employee Relations and Work Life Division, Human Capital Office, Defense Threat Reduction Agency, 8725 John J. Kingman Road, MSC 6201, Fort Belvoir, VA 22060-6201. Individuals must supply their full name, address, and a telephone number where the requester can be contacted and the DTRA detachment or Enterprise/Staff Office where employed at the time they requested to participate in the DTRA Telework Program. Contesting record procedures: The DTRA rules for accessing records, for contesting contents, and appealing initial agency determinations are contained in 32 CFR part 318, or may be obtained from the Human Resources Specialist (Employee Relations), Employee Relations and Work Life Division, Human Capital Office, Defense Threat Reduction Agency, 8725 John J. Kingman Road, MSC 6201, Fort Belvoir, VA 22060-6201. Record source categories: Data is supplied by telework participants and their supervisors. Exemptions claimed for the system: None. [FR Doc. E8-4712 Filed 3-7-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary [USN-2008-0013] Privacy Act of 1974; System of Records AGENCY: Office of the Secretary, DoD. ACTION: Notice to Add a System of Records. SUMMARY: The Department of Navy proposes to add a system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: The changes will be effective on April 9, 2008, unless comments are received that would result in a contrary determination. ADDRESSES: Send comments to the Privacy Act Officer, Mrs. Doris Lama, Department of the Navy, 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at
(202)685-6545. SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense notices for systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The proposed systems reports, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, were submitted on February 29, 2008, to the House Committee on Government Oversight and Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Office of Management and Budget
(OMB)pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, “Federal Agency Responsibilities for Maintaining Records About Individuals,” dated February 8, 1996 (February 20, 1996, 61 FR 6427). March 4, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. N12308-1 System name: Navy Fleet and Family Readiness (F&FR) Internship Program System location: For outside the continental United States, system is located at Navy Installations Command (N947), 5720 Integrity Drive, Bldg. 457, Millington, TN 38055-6540. For continental United States, system is located at organizational elements of the Department of the Navy. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx* . Categories of individuals covered by the system: Navy F&FR Internship Program applicants and selectees. Categories of records in the system: Name, contact address, phone number and e-mail address, educational information-university, major/minor, grade point average, advisor, advisor's contact phone number and e-mail address, work/volunteer experience, certifications/skills/hobbies, references, and official university transcripts from all program applicants. Additional information from selectees for producing passport application documents, travel orders, area security clearances, accommodation and travel reservations, voluntary service agreements, electronic funds transfers and correspondence: Birth location, birth date, citizenship, gender, height, weight, hair color, eye color, emergency point of contact name, emergency point of contact relation, emergency point of contact address, emergency point of contact phone number, emergency point of contact e-mail address, Social Security Number (SSN), driver's license state, driver's license number, driver's license issue and expiration dates, U.S. passport number, U.S. passport issue and expiration dates, bank name, bank routing number, bank account number, type of bank account, name on bank account, medical statement, proof of insurance, background check and fingerprints for Child & Youth interns, and performance evaluation. Authority for maintenance of the system: 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 1588, Authority to Accept Certain Voluntary Services; and E.O. 9397 (SSN). Purpose(s): To select and place student interns at host installations and for local in-processing. To prepare all required documents and reservations associated with placing student interns and getting them to their internship locations, such as preparing passport application documents, submitting background checks, making travel and accommodation reservations, preparing travel orders, and securing area clearances. To supervise and monitor performance of student interns and to track overall program satisfaction and results. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The DoD “Blanket Routine Uses” that appear at the beginning of the Navy's compilation of systems of records notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Automated records/databases and manual records. Retrievability: Name, internship semester/year and internship location. Safeguards: Manual records are maintained in monitored or controlled areas accessible only to authorized personnel. Building and rooms are locked outside regular working hours. Automated records are maintained in computer files and a database with limited access only to personnel with a need to know. Access to individual computers is controlled by Common Access Card
(CAC)and password. Retention and disposal: Information from applicants not selected are destroyed upon the start of the semester/year for which the individual applied. Full records are kept for three years after an individual completes their internship, then destroyed except for the following: No-fee passports are kept until they expire (up to five years), then destroyed. If an individual gains employment that would require or authorize them to obtain a no-fee passport prior to its expiration, it will be turned over at their request. Placement information, contact information and post-internship evaluations are kept indefinitely for historical and analytical purposes. System manager(s) and address: *Policy Officials:* Commander, Navy Installations Command (N947), 5720 Integrity Drive, Bldg 457, Millington TN 38055-6540. *Record Holders:* Commander, Navy Installations Command (N947), 5720 Integrity Drive, Bldg 457, Millington TN 38055-6540; and/or commanding officer of the activity in question. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx* . Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Commander, Navy Installations Command (N947), 5720 Integrity Drive, Bldg 457, Millington TN 38055-6540 for internships outside the continental United States. For internships in the continental United States, written inquiries should be made to the appropriate Navy activity concerned. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx* . The request should be signed and include proof of identity, full name, dates and location of internship, and a complete mailing address. Record access procedures: Individuals seeking access to records about themselves contained in this system of records should address written inquiries to Commander, Navy Installations Command (N947), 5720 Integrity Drive, Bldg 457, Millington TN 38055-6540 for internships outside the continental United States. For internships in the continental United States, written inquiries should be made to the appropriate Navy activity concerned. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx* . The request should be signed and include proof of identity, full name, dates and location of internship, and a complete mailing address. Contesting record procedures: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. Record source categories: The individual; educational institutions; state and local authorities; and general correspondence concerning the individual. Exemptions claimed for the system: None. [FR Doc. E8-4728 Filed 3-5-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary [USN-2008-0012] Privacy Act of 1974; System of Records AGENCY: Office of the Secretary, DoD. ACTION: Notice to Add a System of Records. SUMMARY: The Department of Navy proposes to add a system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: The changes will be effective on April 9, 2008 unless comments are received that would result in a contrary determination. ADDRESSES: Send comments to the Privacy Act Officer, Mrs. Doris Lama, Department of the Navy, 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at
(202)685-6545. SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense notices for systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The proposed systems reports, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, were submitted on February 29, 2008, to the House Committee on Government Oversight and Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Office of Management and Budget
(OMB)pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, “Federal Agency Responsibilities for Maintaining Records About Individuals,” dated February 8, 1996 (February 20, 1996, 61 FR 6427). March 4, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. N12300-2 System name: Joint Employment Management System (JEMS). System location: Web based tool at *www.jemsjobs.com* is maintained by JEMS, Navy Region Hawaii, 1025 Quincy Ave., Suite 100, Pearl Harbor, HI 96860-4512. Categories of individuals covered by the system: *Job Seekers:* Active duty personnel, reservists, retirees, dependents, and civilian employees who are subject to reduction in force and are seeking employment opportunities in Hawaii. *Employers:* Businesses who have job openings in Hawaii. Categories of records in the system: *Job Seeker:* Name; home addresses; home, business, and/or cell telephone numbers; applicant generated number; e-mail address; military/civilian status; branch of service; pay rate; command/duty station; sponsor's name; U.S. Citizen; job categories; job search areas; skills check list; resume; employment resource center; employment consultant; client status; application date; last review date; last login date; expiration date; client login name; open date; close date; renewal date; action; hired salary; login count; and remarks. *Employer:* Company name; company identification number; point of contact name; e-mail address; login name; business address; phone and fax numbers; company Web site; job Web site; parent company name; application procedures; job locations; type of industry; company alias, company status; status date; job update method; company add date; first job listed; last job listed; job fair invitation; contact log; and job listings. Authority for maintenance of the system: 5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 5013, Secretary of the Navy. Purpose(s): To provide job resources to individuals coming to the high cost area of Hawaii by expanding and enhancing employment assistance services and sponsoring an annual job fair. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The ‘Blanket Routine Uses’ that appear at the beginning of the Navy's compilation of systems notices also apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Web based commercial server and paper records. Retrievability: *Job Seeker:* Name or applicant identification number. *Company:* Company name or company identification number. Safeguards: File/database servers are located in locked rooms and access is restricted to authorized persons only. Information is encrypted, compartmentalized, password protected and restricted to a limited number of authorized government personnel having a need-to-know. Manual and electronic records are restricted to a limited number of authorized government personnel having a need-to-know. Retention and disposal: Job Seekers records are deleted from the program two years after their record is closed. Employer records are deleted from the program when the business/organization/agency goes out of business or no longer offers employment opportunities. System manager(s) and address: *Policy Officials:* Joint Project Advisory Board, JEMS, Commander, Navy Region Hawaii, 1025 Quincy Ave., Suite 100, Pearl Harbor, HI 96860-4512. *Record Holder:* JEMS, Commander, Navy Region Hawaii, 1025 Quincy Ave., Suite 100, Pearl Harbor, HI 96860-4512. Notification procedure: Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to JEMS, Navy Region Hawaii, 1025 Quincy Ave., Suite 100, Pearl Harbor, HI 96860-4512. The request should be signed and include the requester's full name, login name, e-mail address and a complete mailing address. Record access procedures: Individuals seeking access to records about themselves should address written inquiries to JEMS, Navy Region Hawaii, 1025 Quincy Ave, Suite 100, Pearl Harbor, HI 96860-4512. The request should be signed and include the requester's full name, login name, e-mail address and a complete mailing address. Contesting record procedures: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. Record source categories: Individual; employers; and Web site. Exemptions claimed for the system: None. [FR Doc. E8-4734 Filed 3-7-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Defense Logistics Agency Notice of Proposed Solicitation for Cooperative Agreement Applications AGENCY: Defense Logistics Agency, DOD. ACTION: Proposed solicitation for cost sharing cooperative agreement applications. SUMMARY: On March 18, 2003, the Defense Logistics Agency
(DLA)issued a solicitation for cooperative agreement applications
(SCAA)to assist state and local governments and other nonprofit eligible entities in establishing or maintaining procurement technical assistance centers (PTACs) pursuant to chapter 142, title 10, United States Code. These centers help business firms market their products and service to the Department of Defense (DoD), other federal agencies, and state and/or local government agencies. Cooperative agreement awards made as a result of applications submitted in response to this solicitation contained provisions for the award of additional option awards through 2007. DLA now intends to issue another solicitation as a follow-on action to the March 18, 2003, SCAA in order to maintain continuity of the Procurement Technical Assistance Program. This solicitation, when issued, will govern the submission of applications for calendar year 2008, and will provide for option period awards for 2009 and 2010. This proposed SCAA, which contains a number of changes from the March 18, 2003 SCAA, can be found on-line at *http://www.dla.mil/db/draft2008scaa.pdf* and is currently available for review. Printed copies are not available for distribution. You are invited to submit written comments concerning this proposed SCAA to: Headquarters, Defense Logistics Agency, Office of Small Business Programs, 8725 John J. Kingman Road, Suite 1127, Ft. Belvoir, VA 22060-6221. Attn: Grants Officer. All comments must be received by March 26, 2008, in order for them to be considered. DLA intends to post the finalized SCAA on the Internet in early April 2008. A future notice to be published in Grants.gov will announce this posting along with details on how to submit applications. FOR FURTHER INFORMATION CONTACT: Mr. Robert Little at
(703)767-1664. Peg A. Meehan, Director, Office of Small Business Programs. [FR Doc. E8-4465 Filed 3-7-08; 8:45 am] BILLING CODE 3620-01-M DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before May 9, 2008. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, e.g., new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues:
(1)Is this collection necessary to the proper functions of the Department;
(2)will this information be processed and used in a timely manner;
(3)is the estimate of burden accurate;
(4)how might the Department enhance the quality, utility, and clarity of the information to be collected; and
(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: March 4, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* New. *Title:* High School Longitudinal Study of 2009 (HSLS:09). *Frequency:* One time. *Affected Public:* Individuals or household; Businesses or other for-profit; State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* Responses: 4,923. Burden Hours: 1,985. *Abstract:* This is a request for clearance for the field test and full scale High School Longitudinal Study of 2009 (HSLS:09). The HSLS:09 is the most recent installment in the series of NCES' nationally representative longitudinal studies of high school students. The HSLS:09 will assess students in math and science during the fall of their 9th grade year and again in the spring of most participating students' 11th grade year. The study will also survey students, their parents, teachers, guidance counselors, and school administrators twice during the secondary school years and follow students into their postsecondary years. The study will focus on how students navigate the transition between high school and the postsecondary world; what courses, majors (or first job), and careers students decide to pursue, when, why, and how. Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 3636. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E8-4627 Filed 3-7-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before May 9, 2008. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, *e.g.,* new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues:
(1)Is this collection necessary to the proper functions of the Department;
(2)will this information be processed and used in a timely manner;
(3)is the estimate of burden accurate;
(4)how might the Department enhance the quality, utility, and clarity of the information to be collected; and
(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: March 4, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* Extension. *Title:* Evaluation of the Impact of Teacher Induction Programs. *Frequency:* On Occasion; Annually. *Affected Public:* State, Local, or Tribal Gov't, SEAs or LEAs; Individuals or household. *Reporting and Recordkeeping Hour Burden:* Responses: 8,555. Burden Hours: 3,066. *Abstract:* The purpose of the Evaluation of the Impact of Teacher Induction Programs is to evaluate the impact of comprehensive teacher induction programs on teacher retention, classroom practices, and student achievement. The evaluation employs a random assignment design to compare the outcomes of the teachers who are provided with a comprehensive induction program with the outcomes of teachers who receive their district's normal induction program. Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3635. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E8-4628 Filed 3-7-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before April 9, 2008. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, Washington, DC 20503. Commenters are encouraged to submit responses electronically by e-mail to *oira_submission@omb.eop.gov* or via fax to
(202)395-6974. Commenters should include the following subject line in their response “Comment: [insert OMB number], [insert abbreviated collection name, e.g., “Upward Bound Evaluation”]. Persons submitting comments electronically should not submit paper copies. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, e.g., new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: March 4, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Office of Vocational and Adult Education *Type of Review:* Reinstatement. *Title:* Tech-Prep Demonstration Grants. *Frequency:* Annually. *Affected Public:* State, Local, or Tribal Gov't, SEAs or LEAs; not-for-profit institutions. *Reporting and Recordkeeping Hour Burden:* Responses: 50. Burden Hours: 3,200. *Abstract:* Section 207 of the Carl D. Perkins Vocational and Technical Education Act of 1998 (Pub. L. 105-332) authorizes grants to consortia to carry out tech-prep education programs that involve the location of a secondary school on the campus of a community college. This collection solicits applications for grant funding from eligible applicants. This information collection is being submitted under the Streamlined Clearance Process for Discretionary Grant Information Collections (1890-0001). Therefore, the 30-day public comment period notice will be the only public comment notice published for this information collection. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3617. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E8-4630 Filed 3-7-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION [CFDA NOS.: 84.038, 84.033, and 84.007] Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs ACTION: Notice of the 2008-2009 award year deadline dates for the campus-based programs. SUMMARY: The Secretary announces the 2008-2009 award year deadline dates for the submission of requests and documents from postsecondary institutions for the campus-based programs. SUPPLEMENTARY INFORMATION: The Federal Perkins Loan, Federal Work-Study (FWS), and Federal Supplemental Educational Opportunity Grant (FSEOG) programs are collectively known as the campus-based programs. The Federal Perkins Loan Program encourages institutions to make low-interest, long-term loans to needy undergraduate and graduate students to help pay for their education. The FWS Program encourages the part-time employment of needy undergraduate and graduate students to help pay for their education and to involve the students in community service activities. The FSEOG Program encourages institutions to provide grants to exceptionally needy undergraduate students to help pay for their cost of education. The Federal Perkins Loan, FWS, and FSEOG programs are authorized by parts E and C, and part A, subpart 3, respectively, of title IV of the Higher Education Act of 1965, as amended. Throughout the year, in its “Dear Colleague” letters, the Department will continue to provide additional information for the individual deadline dates listed, via the Information for Financial Aid Professionals
(IFAP)Web site at *http://www.ifap.ed.gov.* *Deadline Dates:* The following table provides the 2008-2009 award year deadline dates for the submission of applications, reports, and waiver requests for the campus-based programs. Institutions must meet the established deadline dates to ensure consideration for funding or a waiver, as appropriate. 2008-2009 Award Year Deadline Dates What does an institution submit? How is it submitted? What is the deadline for submission? 1. The Campus-Based Reallocation Form designated for the return of 2007-2008 funds and the request of supplemental FWS funds for the 2008-2009 award year The Reallocation Form must be submitted electronically via the Internet and is located in the “Setup” section of the FISAP on the Web at: *(http://www.cbfisap.ed.gov.)* August 22, 2008. 2. The 2007-2008 Fiscal Operations Report and 2009-2010 Application to Participate (FISAP) The FISAP is located on the Internet at the following Web site: *(http://www.cbfisap.ed.gov.)* The FISAP must be submitted electronically via the Internet, and the FISAP's signature page must be mailed to: FISAP Administrator, 2020 Company, LLC, 3110 Fairview Park Drive, Suite 950, Falls Church, VA 22042 October 1, 2008. 3. The Work-Colleges Program Report of 2007-2008 award year expenditures The Work-Colleges Program Report can be found in the “Setup” section of the FISAP on the Web at: *(http://www.cbfisap.ed.gov.)* The report must be submitted electronically via the Internet, and a printed copy with an original signature must be submitted by one of the following methods: Hand deliver to: United States Department of Education, Federal Student Aid, Campus-Based Systems and Operations Division, 830 First Street, NE., Room 63B3 ATTN: Work-Colleges Coordinator, Washington, DC 20002, or Mail to: The address listed above for hand delivery. However, please use ZIP Code 20202-5453 October 1, 2008. 4. The 2007-2008 FISAP Edit Corrections and Perkins Cash on Hand Update The FISAP is located on the Internet at the following Web site: *(http://www.cbfisap.ed.gov.)* The FISAP Edit Corrections and Perkins Cash on Hand Update must be submitted electronically via the Internet December 15, 2008. 5. A request for a waiver of the 2009-2010 award year penalty for the underuse of 2007-2008 award year funds The request for a waiver can be found in Part II, Section C of the FISAP on the Web at: *(http://www.cbfisap.ed.gov.)* The request and justification must be submitted electronically via the Internet February 13, 2009. 6. The Institutional Application and Agreement for Participation in the Work-Colleges Program for the 2009-2010 award year The Institutional Application and Agreement for Participation in the Work-Colleges Program can be found in the “Setup” section of the FISAP on the Web at: *(http://www.cbfisap.ed.gov.)* The application and agreement must be submitted electronically via the Internet, and a printed copy with original signature must be submitted by one of the following methods: Hand deliver to: United States Department of Education, Federal Student Aid, Campus-Based Systems and Operations Division, 830 First Street, NE., Room 63B3 ATTN: Work-Colleges Coordinator, Washington, DC 20002, or Mail to: The address listed above for hand delivery. However, please use ZIP Code 20202-5453 March 13, 2009. 7. A request for a waiver of the FWS Community Service Expenditure Requirement for the 2009-2010 award year The FWS Community Service waiver request can be found in the “Setup” section of the FISAP on the Web at: *(http://www.cbfisap.ed.gov.)* The request and justification must be submitted electronically via the Internet. April 24, 2009. Note: • The deadline for electronic submissions is 11:59 p.m. (Washington, DC time) on the applicable deadline date. Transmissions must be completed and accepted by 12 midnight to meet the deadline. • Paper documents that are sent through the U.S. Postal Service must be postmarked by the applicable deadline date. • Paper documents that are hand delivered by a commercial courier must be received no later than 4:30 p.m. (Washington, DC time) on the applicable deadline date. Proof of Mailing or Hand Delivery of Paper Documents If you submit paper documents when permitted by mail or by hand delivery, we accept as proof one of the following:
(1)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.
(2)A legibly dated U.S. Postal Service postmark.
(3)A legibly dated shipping label, invoice, or receipt from a commercial courier.
(4)Other proof of mailing or delivery acceptable to the Secretary. If the paper documents are sent through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark, or
(2)a mail receipt that is not dated by the U.S. Postal Service. An institution should note that the U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, an institution should check with its local post office. All institutions are encouraged to use certified or at least first-class mail. The Department accepts hand deliveries between 8 a.m. and 4:30 p.m., Washington, DC time, Monday through Friday except Federal holidays. Sources for Detailed Information on These Requests A more detailed discussion of each request for funds or waiver is provided in a specific “Dear Colleague” letter, which is posted on the Department's IFAP Web site ( *http://www.ifap.ed.gov* ) at least 30 days before the established deadline date for the specific request. Information on these items is also found in the Federal Student Aid Handbook. *Applicable Regulations:* The following regulations apply to these programs:
(1)Student Assistance General Provisions, 34 CFR part 668.
(2)General Provisions for the Federal Perkins Loan Program, Federal Work-Study Program, and Federal Supplemental Educational Opportunity Grant Program, 34 CFR part 673.
(3)Federal Perkins Loan Program, 34 CFR part 674.
(4)Federal Work-Study Programs, 34 CFR part 675.
(5)Federal Supplemental Educational Opportunity Grant Program, 34 CFR part 676.
(6)Institutional Eligibility under the Higher Education Act of 1965, as amended, 34 CFR part 600.
(7)New Restrictions on Lobbying, 34 CFR part 82.
(8)Governmentwide Requirements for Drug-Free Workplace (Financial Assistance), 34 CFR part 84.
(9)Governmentwide Debarment and Suspension (Nonprocurement), 34 CFR part 85.
(10)Drug and Alcohol Abuse Prevention, 34 CFR part 86. FOR FURTHER INFORMATION CONTACT: Sherlene McIntosh, Director of Campus-Based Systems and Operations Division, U.S. Department of Education, Federal Student Aid, 830 First Street, NE., Union Center Plaza, Room 64A3, Washington, DC 20202-5453. Telephone:
(202)377-3242 or via the Internet: *sherlene.mcintosh@ed.gov.* If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities can obtain this document in an alternative format ( *e.g.,* Braille, large print, audiotape, or computer diskette) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT . Electronic Access to This Document You can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Program Authority: 20 U.S.C. 1087aa *et seq.* ; 42 U.S.C. 2751 *et seq.* ; and 20 U.S.C. 1070b *et seq.* Dated: March 5, 2008. Lawrence A. Warder, Acting Chief Operating Officer, Federal Student Aid. [FR Doc. E8-4766 Filed 3-7-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION [CFDA No. 84.069] Federal Student Aid; Leveraging Educational Assistance Partnership and Special Leveraging Educational Assistance Partnership Programs AGENCY: Department of Education. ACTION: Notice of the deadline dates for receipt of State applications for Award Year 2008-2009 funds. SUMMARY: This is a notice of deadline dates for receipt of State applications for Award Year 2008-2009 funds under the Leveraging Educational Assistance Partnership
(LEAP)and Special Leveraging Educational Assistance Partnership (SLEAP) programs. The LEAP and SLEAP programs, authorized under title IV, part A, subpart 4 of the Higher Education Act of 1965, as amended (HEA), assist States in providing aid to students with substantial financial need to help them pay for their postsecondary education costs through matching formula grants to States. Under section 415C(a) of the HEA, a State must submit an application to participate in the LEAP and SLEAP programs through the State agency that administered its LEAP Program as of July 1, 1985, unless the Governor of the State has subsequently designated, and the Department has approved, a different State agency to administer the LEAP Program. DATES: To ensure funding under the LEAP and SLEAP programs for Award Year 2008-2009, a State must meet the applicable deadline date. Applications submitted electronically must be received by 11:59 p.m. (Washington, DC time) May 30, 2008. Paper applications must be received by May 23, 2008. FOR FURTHER INFORMATION CONTACT: Mr. Greg Gerrans, LEAP Program Manager, Financial Partners Services, Federal Student Aid, U.S. Department of Education, 830 First Street, NE., Room 111G5, Washington, DC 20202. Telephone:
(202)377-3304. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service (FRS), toll-free, at 1-800-877-8339. Individuals with disabilities can obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT . SUPPLEMENTARY INFORMATION: Only the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Virgin Islands may submit an application for funding under the LEAP and SLEAP programs. State allotments for each award year are determined according to the statutorily mandated formula under section 415B of the HEA and are not negotiable. A State also may request its share of reallotment, in addition to its basic allotment, which is contingent upon the availability of such additional funds. In Award Year 2007-2008, 49 States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands received funds under the LEAP Program. Additionally, 43 States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands received funds under the SLEAP Program. *Applications Submitted Electronically:* Financial Partners Services within Federal Student Aid has automated the LEAP and SLEAP application process in the Financial Management System (FMS). Applicants can use the web-based form (Form 1288-E OMB 1845-0028) that is available on the FMS LEAP on-line system at the following Internet address: *http://fsa-fms.ed.gov* . *Paper Applications Delivered by Mail:* States or territories may request a paper version of the application (Form 1288 OMB 1845-0028) by contacting Mr. Greg Gerrans, LEAP Program Manager, at
(202)377-3304 or by e-mail: *greg.gerrans@ed.gov* . The form will be mailed to you. A paper application sent by mail must be addressed to: Mr. Greg Gerrans, LEAP Program Manager, Financial Partners Services, Federal Student Aid, U.S. Department of Education, 830 First Street, NE., Room 111G5, Washington, DC 20202. The Department of Education encourages applicants that are completing a paper application to use certified or at least first-class mail when sending the application by mail to the Department. The Department must receive paper applications that are mailed no later than May 23, 2008. *Paper Applications Delivered by Hand:* Paper applications that are hand-delivered must be delivered to Mr. Greg Gerrans, LEAP Program Manager, Financial Partners Services, Federal Student Aid, U.S. Department of Education, 830 First Street, NE., Room 111G5, Washington, DC 20002. Hand-delivered applications will be accepted between 8 a.m. and 4:30 p.m. daily (Washington, DC time), except Saturdays, Sundays, and Federal holidays. Paper applications that are hand-delivered must be received by 4:30 p.m. (Washington, DC time) on May 23, 2008. *Applicable Regulations:* The following regulations are applicable to the LEAP and SLEAP programs:
(1)The LEAP and SLEAP Program regulations in 34 CFR part 692.
(2)The Student Assistance General Provisions in 34 CFR part 668.
(3)The Regulations Governing Institutional Eligibility in 34 CFR part 600.
(4)The Education Department General Administrative Regulations (EDGAR) in 34 CFR 75.60 through 75.62 (Ineligibility of Certain Individuals to Receive Assistance), part 76 (State-Administered Programs), part 77 (Definitions that Apply to Department Regulations), part 79 (Intergovernmental Review of Department of Education Programs and Activities), part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments), part 82 (New Restrictions on Lobbying), part 84 (Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)), part 85 (Governmentwide Debarment and Suspension (Nonprocurement)), part 86 (Drug and Alcohol Abuse Prevention), and part 99 (Family Educational Rights and Privacy). Electronic Access to This Document You can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister* . To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html* . Program Authority: 20 U.S.C. 1070c *et seq.* Dated: March 5, 2008. Lawrence A. Warder, Acting Chief Operating Officer, Federal Student Aid. [FR Doc. E8-4767 Filed 3-7-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION [CFDA NO. 84.031H] Office of Postsecondary Education; Strengthening Institutions (SIP), American Indian Tribally Controlled Colleges and Universities (TCCU), Alaska Native and Native Hawaiian-Serving Institutions (ANNH), Developing Hispanic-Serving Institutions (Title V-HSI) Programs, and the Asian American and Native American Pacific Islander-Serving Institutions (CCRAA-AANAPISI), and Hispanic-Serving Institutions Programs (CCRAA-HSI) under the College Cost Reduction and Access Act of 2007, Public Law 110-84 (CCRAA); Notice Inviting Applications for Designation as Eligible Institutions for Fiscal Year
(FY)2008. *Purpose of Programs:* Under the SIP, TCCU, and ANNH programs (Title III, Part A programs), which are all authorized under Part A of Title III of the Higher Education Act of 1965, as amended (HEA), institutions of higher education (IHEs or institutions) are eligible to apply for grants if they meet specific statutory and regulatory eligibility requirements. Similarly, IHEs are eligible to apply for grants under the Title V-HSI program, authorized under Title V of the HEA, if they meet specific statutory and regulatory requirements. In addition, under the CCRAA, institutions applying for grants under the CCRAA-AANAPISI or CCRAA-HSI programs must be eligible institutions, as defined in section 312(b) and section 502(a)(2) of the HEA, respectively. An institution that is designated as an eligible institution under the Title III, Part A, Title V-HSI and CCRAA-AANAPISI and CCRAA-HSI programs may also receive a waiver of certain non-Federal cost-share requirements under the Federal Supplemental Educational Opportunity Grant (FSEOG), the Federal Work Study (FWS), the Student Support Services
(SSS)and the Undergraduate International Studies and Foreign Language (UISFL) programs. The FSEOG, FWS, and SSS programs are authorized under Title IV of the HEA; the UISFL program is authorized under Title VI of the HEA. Qualified institutions may receive these waivers even if they are not recipients of grant funds under the Title III, Part A, Title V-HSI, CCRAA-AANAPISI or CCRAA-HSI programs. **Special Note:** To qualify as an eligible institution under the Title III, Part A, Title V-HSI, CCRAA-AANAPISI or CCRAA-HSI programs, your institution must satisfy several criteria, including one related to needy student enrollment and one related to average educational and general (E&G) expenditures for a particular base year. The most recent data available for E&G expenditures are for base year 2005-2006. In order to award FY 2008 grants in a timely manner, we will use the most recent data available. Therefore, we use E&G expenditure threshold data from the base year 2005-2006. In completing your eligibility application, please use E&G expenditure data from the base year 2005-2006. If you are designated as an eligible institution and you do not receive a new award under the Title III, Part A, Title V-HSI, CCRAA-AANAPISI or CCRAA-HSI programs in FY 2008, your eligibility for the non-Federal cost-share waiver under the FSEOG, the FWS, the SSS, or the UISFL programs is valid for five consecutive years. You will not need to reapply for eligibility until 2013, unless you wish to apply for a new Title III, Part A, Title V-HSI, CCRAA-AANAPISI or CCRAA-HSI grant. All institutions (including those designated as TCCU and ANNH institutions) that are not designated as eligible institutions and are interested in applying for a FY 2008 new grant or requesting a waiver of the non-Federal cost share, must apply for eligibility designation in FY 2008. Institutions applying for grants under the Native American-Serving Nontribal Institutions Program and the Predominantly Black Institutions Program authorized by the CCRAA do not have to meet these eligibility requirements and do not have to submit the application described in this notice. *Eligible Applicants:* To qualify as an eligible institution under the Title III, Part A, Title V-HSI, CCRAA-AANAPISI or CCRAA-HSI programs, an accredited institution must, among other requirements, have an enrollment of needy students, and its average E&G expenditures per full-time equivalent
(FTE)undergraduate student must be low in comparison with the average E&G expenditures per FTE undergraduate student of institutions that offer similar instruction. The complete eligibility requirements for the Title III, Part A programs are found in 34 CFR 607.2 through 607.5. These regulations may be accessed at the following Web site: *http://www.access.gpo.gov/nara/cfr/waisidx_02/34cfr607_02.html* . The complete eligibility requirements for the Title V-HSI program are found in 34 CFR 606.2 through 34 CFR 606.5. These regulations may be accessed at the following Web site: *http://www.access.gpo.gov/nara/cfr/waisidx_01/34cfr606_01.html* . *Enrollment of Needy Students:* Under 34 CFR 606.3(a) and 607.3(a), an institution is considered to have an enrollment of needy students if
(1)at least 50 percent of its degree students received financial assistance under one or more of the following programs: Federal Pell Grant, FSEOG, FWS, and Federal Perkins Loan programs; or
(2)the percentage of its undergraduate degree students who were enrolled on at least a half-time basis and received Federal Pell Grants exceeded the median percentage of undergraduate degree students who were enrolled on at least a half-time basis and received Federal Pell Grants at comparable institutions that offered similar instruction. To qualify under this latter criterion, an institution's Federal Pell Grant percentage for base year 2005-2006 must be more than the median for its category of comparable institutions provided in the 2005-2006 Median Pell Grant and Average E&G Expenditures per FTE Student table in this notice. *Educational and General Expenditures per FTE Student:* An institution should compare its 2005-2006 average E&G expenditures per FTE student to the average E&G expenditure per FTE student for its category of comparable institutions contained in the 2005-2006 Median Pell Grant and Average E&G Expenditures per FTE Student table in this notice. If the institution's average E&G expenditures for the 2005-2006 base year are less than the average for its category of comparable institutions, the institution meets this eligibility requirement. An institution's average E&G expenditures are the total amount it expended during the base year for instruction, research, public service, academic support, student services, institutional support including library expenditures, operation and maintenance, scholarships and fellowships, and mandatory transfers. The following table identifies the relevant median Federal Pell Grant percentages for the base year 2005-2006 and the relevant average E&G expenditures per FTE student for the base year 2005-2006 for the four categories of comparable institutions: Type of institution 2005-2006 median Pell Grant percentage 2005-2006 Average E&G expenditures per FTE student 2-year Public Institutions 25.1 $9,956 2-year Non-profit Private Institutions 36.7 21,733 4-year Public Institutions 24.6 24,690 4-year Non-profit Private Institutions 25.0 38,811 *Waiver Information:* IHEs that are unable to meet the needy student enrollment requirement or the average E&G expenditures requirement may apply to the Secretary for waivers of these requirements, as described in 34 CFR 606.3(b), 606.4(c) and (d), 607.3(b), and 607.4(c) and (d). Institutions requesting a waiver of the needy student enrollment requirement or the average E&G expenditures requirement must include in their application detailed information supporting the waiver request, as described in the instructions for completing the application. The regulations governing the Secretary's authority to waive the needy student requirement, 34 CFR 606.3(b)(2) and
(3)and 607.3(b)(2) and (3), refer to “low-income” students or families. The regulations define “low-income” as an amount that does not exceed 150 percent of the amount equal to the poverty level, as established by the U.S. Bureau of the Census, 34 CFR 606.3(c) and 607.3(c). For the purposes of this waiver provision, the following table sets forth the low-income levels for the various sizes of families: 2005 Annual Low-Income Levels Size of family unit Family income for the 48 contiguous states, DC, and outlying jurisdictions Family income for Alaska Family income for Hawaii 1 $14,355 $17,925 $16,515 2 19,245 24,045 22,140 3 24,135 30,165 27,765 4 29,025 36,285 33,390 5 33,915 42,405 39,015 6 38,805 48,525 44,640 7 43,695 54,645 50,265 8 48,585 60,765 55,890 Note: The 2005 annual low-income levels are being used because those are the amounts that apply to the family income reported by students enrolled for the Fall 2005 semester. For family units with more than eight members, add the following amount for each additional family member: $4,890 for the contiguous 48 States, the District of Columbia and outlying jurisdictions; $6,120 for Alaska; and $5,625 for Hawaii. The figures shown under family income represent amounts equal to 150 percent of the family income levels established by the U.S. Bureau of the Census for determining poverty status. The poverty guidelines were published by the U.S. Department of Health and Human Services in the **Federal Register** on February 18, 2005 (70 FR 8373). The information about “metropolitan statistical areas” referenced in 34 CFR 606.3(b)(4) and 607.3(b)(4) may be obtained by requesting the Metropolitan Statistical Areas, 1999 publication, order number PB99-501538, from the National Technical Information Service, Document Sales, 5285 Port Royal Road, Springfield, VA 22161, telephone number 1-800-553-6847. There is a charge for this publication. *Applications Available:* March 10, 2008. *Deadline for Transmittal of Applications:* April 9, 2008 for an applicant institution that wishes to be designated as eligible to apply for a FY 2008 new grant under the Title III, Part A, Title V-HSI, CCRAA-AANAPISI or CCRAA-HSI programs; and April 30, 2008 for an applicant institution that wishes to apply only for cost-sharing waivers under the FSEOG, FWS, SSS, or UISFL programs. *Electronic Submission of Applications:* Applications for designation of eligibility must be submitted electronically using the following Web site: *http://opeweb.ed.gov/title3and5.* To enter the Web site, you must use your institution's unique 8-digit identifier, i.e., your Office of Postsecondary Education Identification Number (OPE ID number). Your business office or student financial aid office should have the OPE ID Number. If they do not, contact the Department, using the e-mail addresses of the contact persons listed in this notice under *For Applications and Further Information Contact.* You will find detailed instructions for completing the application form electronically under the “eligibility 2008” link at either of the following Web sites: *http://www.ed.gov/programs/iduestitle3a/index.html* or *http://www.ed.gov/hsi.* If your institution is unable to meet the needy student enrollment requirement or the average E&G expenditure requirement and wishes to request a waiver of one or both of these requirements, you must complete your designation application form electronically and transmit your waiver request narrative document from the following Web site: *http://opeweb.ed.gov/title3and5.* *Exception to Electronic Submission Requirement:* You may qualify for an exception to the electronic submission requirement and may submit your application in paper format, if you are unable to submit an application electronically because— • You do not have access to the Internet; or • You do not have the capacity to upload documents to the Web site; and • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevent you from using the Internet to submit your application. If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date. Address and mail or fax your statement to: Mrs. Darlene B. Collins, U.S. Department of Education, 1990 K Street, NW., Room 6020, Washington, DC 20006-8513. Fax:
(202)502-7861. Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice. Submission of Paper Applications by Mail If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier), your application to the Department. You must mail the application, on or before the application deadline date, to the Department at the following address: *By mail through the U.S. Postal Service or commercial carrier:* Mrs. Darlene B. Collins, U.S. Department of Education, 1990 K Street, NW., Room 6020, Washington, DC 20006-8513. You must show proof of mailing consisting of one of the following:
(1)A legibly dated U.S. Postal Service postmark,
(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service,
(3)A dated shipping label, invoice, or receipt from a commercial carrier, or
(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark, or
(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. Submission of Paper Applications by Hand Delivery If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the application, on or before the application deadline date, to the Department at the following address: Mrs. Darlene B. Collins, U.S. Department of Education, 1990 K Street, NW., Room 6020, Washington, DC 20006-8513. Hand delivered applications will be accepted daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays and Federal holidays. *Applicable Regulations:*
(a)The Education Department General Administrative Regulations in 34 CFR parts 74, 75, 77, 79, 82, 84, 85, 86, 97, 98, and 99.
(b)The regulations for the Title III, Part A programs in 34 CFR part 607, and for the Title V-HSI program in 34 CFR part 606. Note: There are no program-specific regulations for the CCRAA-HSI and CCRAA-AANAPISI programs. Accordingly, we encourage each potential applicant to read the CCRAA, the authorizing statute for these programs. A copy of the CCRAA is available at the following Web site *http://www.ed.gov/about/offices/list/ope/idues/index.html.* *For Applications and Further Information Contact:* Kelley Harris or Carnisia Proctor, Institutional Development and Undergraduate Education Service, U.S. Department of Education, 1990 K Street, NW., Room 6033, Request for Eligibility Designation, Washington, DC 20202-8513. You may contact these individuals at the following e-mail addresses or phone numbers: *Kelley.Harris@ed.gov,* 202-219-7083. *Carnisia.Proctor@ed.gov,* 202-502-7606. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audio tape, or computer diskette) on request to the contact persons listed in this section. Electronic Access to This Document You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF, you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office
(GPO)toll free, at 1-888-293-6498; or in the Washington, DC area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Program Authority: 20 U.S.C. 1057-1059d, 1101-1103g and Public Law 110-84. Dated: March 5, 2008. Diane Auer Jones, Assistant Secretary for Postsecondary Education. [FR Doc. E8-4765 Filed 3-7-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 March 5, 2008. Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: *Docket Numbers:* RP97-81-046. *Applicants:* Kinder Morgan Interstate Gas Trans. LLC. *Description:* Kinder Morgan Interstate Gas Transmission LLC submits Twentieth Revised Sheet 4G.01 of its FERC Gas Tariff, Fourth Revised Volume 1-A. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0036. *Comment Date:* 5 p.m. Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP99-176-154. *Applicants:* Natural Gas Pipeline Company of America. *Description:* Natural Gas Pipeline Company of America submits Amendments to the Firm Transportation and Storage Negotiated Rate Agreement and to the related Transportation Rate Schedule FTS Agreement etc under RP99-176. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0034. *Comment Date:* 5 p.m. Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP99-176-155. *Applicants:* Natural Gas Pipeline Company of America. *Description:* Natural Gas Pipeline Company of America LLC submits Second Revised Sheet 26Q *et al* . to its FERC Gas Tariff, Six Revised Volume 1, to be effective April 1, 2008. *Filed Date:* 03/03/2008. *Accession Number:* 20080304-0272. *Comment Date:* 5 p.m. Eastern Time on Monday, March 17, 2008. *Docket Numbers:* RP02-361-068. *Applicants:* Gulfstream Natural Gas System, L.L.C. *Description:* Gulfstream Natural Gas System, LLC submits Original Sheet 8.02h to its FERC Gas Tariff, Original Volume 1, reflecting an effective date of March 1, 2008. *Filed Date:* 03/03/2008. *Accession Number:* 20080304-0240. *Comment Date:* 5 p.m. Eastern Time on Monday, March 17, 2008. *Docket Numbers:* RP07-120-002, RP07-145-001. *Applicants:* Stingray Pipeline Company, L.L.C. *Description:* Stingray Pipeline Company, LLC submits revised agreements in compliance with the Commission's Order issued on November 29, 2007. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0033. *Comment Date:* 5 p.m. Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP08-237-000. *Applicants:* Southwest Gas Storage Company. *Description:* Southwest Gas Storage Company submits Twenty-First Revised Sheet No. 5, to its FERC Gas Tariff, First Revised Volume 1, to become effective April 1, 2008. *Filed Date:* 02/29/2008. *Accession Number:* 20080303-0120. *Comment Date:* 5 p.m. Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP08-238-000. *Applicants:* ANR Pipeline Company. *Description:* ANR Pipeline Co submits its Twenty-Fifth Revised Sheet 19 *et al.* to its FERC Gas Tariff, Second Revised Volume 1, to become effective April 1, 2008. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0153. *Comment Date:* 5 p.m. Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP08-239-000. *Applicants:* TransColorado Gas Transmission Company L. *Description:* TransColorado Gas Transmission Company LLC submits its annual Fuel Gas Reimbursement Percentage Report for the year ended 12/31/07. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0023. *Comment Date: 5 p.m.* Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP08-240-000. *Applicants:* ANR Pipeline Company. *Description:* ANR Pipeline Company submits Original Sheet 10A *et al* . to its FERC Gas Tariff, Second Revised Volume 1, to become effective April 1, 2008. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0022. *Comment Date: 5 p.m.* Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP08-241-000. *Applicants:* TransColorado Gas Transmission Company L. *Description:* TransColorado Gas Transmission Company LLC submits First Revised Sheet 279 to its FERC Gas Tariff, Second Revised Volume 1, to become effective April 1, 2008. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0030. *Comment Date: 5 p.m.* Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP08-242-000. *Applicants:* Rockies Express Pipeline LLC. *Description:* Rockies Express Pipeline LLC submits its FL&U Percentage Adjustment Report for the year ended 12/31/07. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0029. *Comment Date: 5 p.m.* Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP08-243-000. *Applicants:* Trunkline Gas Company, LLC. *Description:* Trunkline Gas Company LLC submits Sixteenth Revised Sheet 10 *et al* . to its FERC Gas Tariff, Third Revised Volume 1, to become effective April 1, 2008. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0028. *Comment Date: 5 p.m.* Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP08-244-000. *Applicants:* Columbia Gas Transmission Corporation. *Description:* Columbia Gas Transmission Corporation submits Eighty-Sixth Revised Sheet 25 *et al.* to its FERC Gas Tariff, Second Revised Volume 1, to become effective April 1, 2008. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0027. *Comment Date: 5 p.m.* Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP08-245-000. *Applicants:* Central Kentucky Transmission Company. *Description:* Central Kentucky Transmission Company submits Fifth Revised Sheet 6 to its FERC Gas Tariff, Original Volume 1, to become effective April 1, 2008. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0026. *Comment Date: 5 p.m.* Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP08-246-000. *Applicants:* Columbia Gas Transmission Corporation. *Description:* Columbia Gas Transmission Corporation submits Eighteenth Revised Sheet 44 to its FERC Gas Tariff, Second Revised Volume 1, to become effective April 1, 2008. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0025. *Comment Date: 5 p.m.* Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP08-247-000. *Applicants:* Ozark Gas Transmission, L.L.C. *Description:* Ozark Gas Transmission LLC submits Seventh Revised Sheet 13 *et al* . to its FERC Gas Tariff, Original Volume 1, to become effective April 1, 2008. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0024. *Comment Date: 5 p.m.* Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP08-248-000. *Applicants:* Quest Pipelines (KPC). *Description:* Quest Pipelines
(KPC)submits its First Revised Sheet 21 *et al.* to its FERC Gas Tariff, Second Revised Volume 1, to become effective April 1, 2008. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0040. *Comment Date: 5 p.m.* Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP08-249-000. *Applicants:* Bluewater Gas Storage, LLC. *Description:* Bluewater Gas Storage, LLC submits its First Revised Sheet 1 *et al.* to its FERC Gas Tariff, Original Volume 1, to become effective April 1, 2008. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0039. *Comment Date:* 5 p.m. Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP08-250-000. *Applicants:* Transcontinental Gas Pipe Line Corp. *Description:* Transcontinental Gas Pipe Line Corp submits its Twenty-Eighth Revised Sheet 29 *et al.* to its FERC Gas Tariff, Third Revised Volume 1, to become effective April 1, 2008. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0038. *Comment Date:* 5 p.m. Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP08-251-000. *Applicants:* Transcontinental Gas Pipe Line Corp. *Description:* Transcontinental Gas Pipe Line Corporation submits Fifty- Second Revised Sheet 27 *et al.* to its FERC Gas Tariff, Third Revised Volume 1, to be effective April 1, 2008. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0037. *Comment Date:* 5 p.m. Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP08-252-000. *Applicants:* Viking Gas Transmission Company. *Description:* Viking Gas Transmission Co submits its Twenty-Second Revised Sheet 5B to its FERC Gas Tariff, First Revised Volume 1, to become effective April 1, 2008. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0041. *Comment Date:* 5 p.m. Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP08-253-000. *Applicants:* Viking Gas Transmission Company. *Description:* Viking Gas Transmission Company submits Thirteenth Revised Sheet 5C, to its FERC Gas Tariff, First Revised Volume 1, to become effective April 1, 2008. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0031. *Comment Date:* 5 p.m. Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP08-254-000. *Applicants:* National Fuel Gas Supply Corporation. *Description:* National Fuel Gas Supply Corporation submits 112th Revised Sheet 9 to its FERC Gas Tariff, Fourth Revised Volume 1, to become effective March 1, 2008 under RP08-254. *Filed Date:* 02/29/2008. *Accession Number:* 20080304-0032. *Comment Date:* 5 p.m. Eastern Time on Wednesday, March 12, 2008. *Docket Numbers:* RP08-255-000. *Applicants:* Arcadia Gas Storage, LLC. *Description:* Arcadia Gas Storage, LLC submits its advance notification of construction facilities. *Filed Date:* 03/03/2008. *Accession Number:* 20080304-0267. *Comment Date:* 5 p.m. Eastern Time on Monday, March 17, 2008. *Docket Numbers:* RP08-256-000. *Applicants:* TransColorado Gas Transmission Company LLC. *Description:* TransColorado Gas Transmission Co, LLC submits First Revised Sheet 1 *et al.* to its FERC Gas Tariff, Second Revised Volume 1, to become effective April 1, 2008. *Filed Date:* 03/03/2008. *Accession Number:* 20080304-0239. *Comment Date:* 5 p.m. Eastern Time on Monday, March 17, 2008. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and § 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov.* To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E8-4632 Filed 3-7-08; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2008-0153; FRL-8540-5] Agency Information Collection Activities; Proposed Collection; Comment Request; Protection of Stratospheric Ozone: Critical Use Exemption From the Phaseout of Methyl Bromide (Applications, Recordkeeping, and Periodic Reporting) (Renewal); EPA ICR No. 2031.03, OMB Control No. 2060-0482 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request
(ICR)to the Office of Management and Budget (OMB). This ICR, 2031.02, is scheduled to expire on August 31, 2008. In addition, EPA is also planning to renew and transfer the burden from EPA ICRs 2179.02 and 2179.03 into this ICR. Those ICRs are scheduled to expire on August 31, 2008, and November 30, 2008, respectively. Thus, EPA seeks to create a single comprehensive ICR for the methyl bromide CUE program. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before May 9, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2008-0153 by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: a-and-r-Docket@epa.gov.* • *Fax:* 202-566-1741. • *Mail:* EPA-HQ-OAR-2008-0153, Environmental Protection Agency, Mailcode: 6205J, 1200 Pennsylvania Ave., NW., Washington, DC 20460. • *Hand Delivery:* EPA-HQ-OAR-2008-0153, Air and Radiation Docket at EPA West, 1301 Constitution Avenue, NW., Room B108, Mail Code 6102T, Washington, DC 20460. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OAR-2008-0153. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at: *http://www.epa.gov/epahome/dockets.htm.* FOR FURTHER INFORMATION CONTACT: Jeremy Arling, Stratospheric Protection Division, Office of Atmospheric Programs, (6205J), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:
(202)343-9055; fax number:
(202)343-2338; e-mail address: *arling.jeremy@epa.gov.* You may also visit the Ozone Depletion Web site of EPA's Stratospheric Protection Division at: *http://www.epa.gov/ozone/strathome.html* for further information about EPA's Stratospheric Ozone Protection regulations, the science of ozone layer depletion, and related topics. SUPPLEMENTARY INFORMATION: How Can I Access the Docket and/or Submit Comments? EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OAR-2008-0153, which is available for online viewing at *http://www.regulations.gov,* or in person viewing at the Air and Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for Air and Radiation Docket is 202-566-1742. Use *http://www.regulations.gov* to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified in this document. What Information Is EPA Particularly Interested in? Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it to:
(i)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;
(ii)evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(iii)enhance the quality, utility, and clarity of the information to be collected; and
(iv)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. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. What Should I Consider When I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Offer alternative ways to improve the collection activity. 6. Make sure to submit your comments by the deadline identified under DATES . 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. What Information Collection Activity or ICR Does This Apply to? *Affected entities:* Entities potentially affected by this action are producers, importers, distributors, and custom applicators of methyl bromide, organizations, consortia, and associations of methyl bromide users, as well as individual methyl bromide users. *Title:* Agency Information Collection Activities; Proposed Collection; Comment Request; Protection of Stratospheric Ozone: Critical Use Exemption from the Phaseout of Methyl Bromide (Applications, Recordkeeping, and Periodic Reporting) (Renewal). *ICR numbers:* EPA ICR No. 2031.03, OMB Control No. 2060-0482. *ICR status:* EPA ICR 2031.02 is currently scheduled to expire on August 31, 2008. In addition, EPA ICR 2179.02 and 2179.03 are scheduled to expire on August 31, 2008, and November 30, 2008, respectively. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* EPA is seeking to renew EPA ICR 2031.02 which allows EPA to collect CUE applications from regulated entities on an annual basis. EPA is also seeking to renew and transfer the burden from EPA ICR 2179.02 and 2179.03 which require the submission of data from regulated industries to the EPA and require recordkeeping of key documents to ensure compliance with the Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol) and the CAA. Entities applying for this exemption are asked to submit to EPA applications with necessary data to evaluate the need for a critical use exemption. This information collection is conducted to meet U.S. obligations under Article 2H of the Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol). The information collection request is required to obtain a benefit under section 604(d)(6) of the CAA, added by section 764 of the 1999 Omnibus Consolidated and Emergency Supplemental Appropriations Act (Pub. L. 105-277; October 21, 1998). Since 2002, entities have applied to EPA for a critical use exemption that would allow for the continued production and import of methyl bromide after the phaseout in January 2005. These exemptions are for consumption only in those agricultural sectors that have demonstrated that there are no technically or economically feasible alternatives to methyl bromide. The applications are rigorously assessed and analyzed by EPA staff, including experts from the Office of Pesticide Programs. On an annual basis, EPA uses the data submitted by end users to create a nomination of critical uses which the U.S. Government submits to the Protocol's Ozone Secretariat for review by an international panel of experts and advisory bodies. These advisory bodies include the Methyl Bromide Technical Options Committee (MBTOC) and the Technical and Economic Assessment Panel (TEAP). The uses authorized internationally by the Parties to the Protocol are made available in the U.S. on an annual basis. The applications will enable EPA to: 1. Maintain consistency with the Protocol by supporting critical use nominations to the Parties to the Protocol, in accordance with paragraph 2 of Decision IX/6 of the Protocol; 2. Ensure that critical use exemptions comply with section 604(d)(6); 3. Provide EPA with necessary data to evaluate the technical and economic feasibility of methyl bromide alternatives in the circumstance of the specific use, as presented in an application for a critical use exemption; The reported data will enable EPA to: 1. Ensure that critical use exemptions comply with section 604(d)(6); 2. Maintain compliance with the Protocol requirements for annual data submission on the production of ozone depleting substances; 3. Analyze technical use data to ensure that exemptions are used in accordance with requirements included in the annual authorization rulemakings. EPA informs respondents that they may assert claims of business confidentiality for any of the information they submit. Information claimed confidential will be treated in accordance with the procedures for handling information claimed as confidential under 40 CFR part 2, Subpart b, and will be disclosed only if EPA determines that the information is not entitled to confidential treatment. If no claim of confidentiality is asserted when the information is received by EPA, it may be made available to the public without further notice to the respondents (40 CFR 2.203). Individual reporting data may be claimed as sensitive and will be treated as confidential information in accordance with procedures outlined in 40 CFR part 2. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 1.6 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The annual application, reporting, and recordkeeping burden is as follows: 75 applicants to the critical use exemption program at 2,925 hours per year; 4 producers and importers at a total of 80 hours per year (quarterly reporting); 100 distributors and applicators at 1287.5 hours per year (annual reporting); and 2,000 end users at 625 hours per year (periodic certification of purchases of critical use methyl bromide at the time of each purchase). The total industry burden is therefore 4917.5 hours per year. The annual public application burden for this collection of information is estimated to average 39 hours per response (2925 hours divided by 75 responses). The annual public reporting and recordkeeping burden for this collection of information is estimated to average 0.64 hours per response (1992.5 hours divided by 3,098 responses). Overall, the total annual public burden (application, reporting, and recordkeeping) for this collection of information is estimated to average 1.6 hours per response (4917.5 hours divided by 3,173 responses). The total annual labor cost burden associated with information collection request is $993,622. EPA estimates the costs as follows: Application costs totaling $295,016 per year, recordkeeping and reporting costs totaling $631,787 per year, and self certification by producers, importers, distributors, and end users costing $66,820 per year. EPA estimates the capital costs to be $0. Are There Changes in the Estimates From the Last Approval? There is a decrease of 82.5 hours in the total estimated respondent burden compared with that identified in the EPA ICR 2031.02 which is currently approved by OMB. This estimate for total burden hours includes updated burden estimates from the recordkeeping and reporting ICR (EPA ICR 2179.02 and 2179.03) as well as EPA ICR 2031.02. The reason for the decrease in burden is that the Agency has six years of experience managing the critical use exemption program which has led to efficiency and greater accuracy in estimating future burden. Over the last four years, EPA has received on average 65 applications each year, rather than the 100 estimated in the previous ICR. EPA continues to encourage users with similar circumstances to utilize grower and user organizations to aid in completion of the application, thereby reducing both the burden on applicants (particularly small businesses) and the Agency. The registration of additional alternatives since 2002 in the U.S. may also result in fewer applications received. Furthermore, stakeholders are more familiar with the critical use exemption program and have already organized associations to apply on behalf of multiple growers. Other reasons for burden reduction include the encouragement of electronic submission of applications and other data and very frequent EPA communication with methyl bromide stakeholders. What Is the Next Step in the Process for This ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another **Federal Register** notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT . Dated: February 28, 2008. Drusilla Hufford, Director, Stratospheric Protection Division. [FR Doc. E8-4697 Filed 3-7-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8536-7] Energy Policy Act of 2005 Diesel Emissions Reduction Program; State Clean Diesel Grant Program Funding Fiscal Year 2008 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Availability of Funding for the Fiscal Year 2008 State Clean Diesel Grant Program Under the 2005 Energy Policy Act. SUMMARY: The Energy Policy Act of 2005 (H.R. 6) signed into law on August 8, 2005 (Pub. L. 109-58) incorporates provisions to achieve significant reductions in diesel emissions. Section 793 of the Energy Policy Act of 2005 authorizes the U.S. Environmental Protection Agency
(EPA)to support grant and loan programs administered by States that are designed to achieve significant reductions in diesel emissions. This program authorized in Section 793 is referred to as the State Clean Diesel Grant Program for this Notice. EPA expects to have approximately $14.8 million available in fiscal year 2008 in the form of assistance agreements to issue under the State Clean Diesel Grant Program. DATES: In order to participate, States must notify EPA of their intent to apply to the State Clean Diesel Grant Program through a *Notice of Intent to Apply* as described in Section 6 of this Notice on or before April 24, 2008 at 11:59 p.m. Pacific Time. States must submit applications to EPA as described in Section 6 of this Notice on or before June 23, 2008 at 11:59 p.m. Pacific Time. Failure to meet these deadlines could result in ineligibility for fiscal year 2008 funding. *Contact Information:* States must e-mail the *Notice of Intent to Apply* to EPA's Office of Transportation and Air Quality
(OTAQ)at *cleandiesel@epa.gov* and include in the subject line “Intent to Apply: State Clean Diesel Grant Program—[NAME OF STATE].” States must then submit applications to the appropriate Regional Clean Diesel contact listed in this notice under Section 11. FOR FURTHER INFORMATION CONTACT: Jennifer Keller, U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Mail-Stop: 6405-J. Phone
(202)343-9541, Fax
(202)343-2803, *keller.jennifer@epa.gov.* You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr/.* This document will also be available at the EPA National Clean Diesel Campaign Web site, *http://www.epa.gov/cleandiesel.* Please note that due to differences between the software used to develop the documents and the software into which the documents may be downloaded, changes in format, page length, etc., may occur. SUPPLEMENTARY INFORMATION:
(1)General Information a. What Is the Statutory Authority for the State Clean Diesel Grant Program? The 2005 Energy Policy Act (EPAct of 2005), Public Law 109-58, signed into law August 8, 2005, authorized an annual appropriation of up to $200,000,000 under the Diesel Emissions Reduction portion of the legislation (Subtitle G—Diesel Emissions Reduction or “DERA”) for each of fiscal years 2007 through 2011 to remain available until expended. In December 2007, Congress appropriated $49.2 million under EPAct of 2005 to help reduce harmful emissions from heavy-duty diesel engines. Section 793 of EPAct of 2005 outlines provisions for the State Clean Diesel Grant Program which includes that, “the Administrator shall provide to States guidance for use in applying for grant or loan funds under this section.” Per statutory requirements, thirty percent of the $49.2 million ($14.8M for FY08), is available through the State Clean Diesel Grant Program. b. What Is the Catalog of Federal Domestic Assistance
(CDFA)Number for the Diesel Emission Reduction Grants? The number assigned to the State Clean Diesel Grant Program is Program Code 66.040.
(2)Background Information Reducing emissions from diesel engines is one of the most important air quality challenges facing the country. Even with EPA's more stringent heavy-duty highway and non-road engine standards taking effect over the next decade, millions of diesel engines already in use will continue to emit large amounts of nitrogen oxides, particulate matter and air toxics, which contribute to serious public health problems. These emissions are linked to premature deaths, asthma attacks, lost work days, and other health impacts every year. EPA created the National Clean Diesel Campaign
(NCDC)to build on the success of its regulatory and voluntary efforts to reduce emissions from diesel engines. Through this effort, EPA is working to reduce the pollution emitted from the existing fleet by promoting a variety of cost-effective and innovative emission reduction strategies. To date more than $50 million has been awarded to over 200 organizations to establish new clean diesel programs. Through NCDC, EPA will continue to award grants and loans to assist its eligible partners in building diesel emission reduction programs across the country to achieve public health goals. The programs outlined in EPAct of 2005 are part of NCDC's Clean Diesel Programs. Information regarding the Clean Diesel Programs can be found at *http://www.epa.gov/cleandiesel.* There are several programs outlined in EPAct of 2005 as part of the National Clean Diesel Campaign. There are two main components of the program: A National component and a State component. A brief description is provided below. Within the National component, 70 percent of the funds ($34.4 million FY08) are made available on a competitive basis to provide grants and low-cost revolving loans to eligible entities for the deployment of verified and certified technologies to reduce diesel emissions. This program has three separate competitions:
(1)National Clean Diesel Funding Assistance Program: A competitive grant program for the deployment of EPA and/or California Air Resources Board
(CARB)certified and/or verified clean diesel technologies and verified idle reduction technologies,
(2)National Clean Diesel Finance Program: A competitive grant program for innovative finance mechanisms such as national low-cost revolving loans, and
(3)Clean Diesel Emerging Technologies Program: A competitive grant program to deploy emerging technologies not yet verified but for which an approvable application for verification and test plan are received by EPA. States, as eligible entities, may apply to all three of the competitions above, in addition to the State Clean Diesel Grant Program. The second component is the State Clean Diesel Grant Program. With this component, 30% of the funds ($14.8 million FY08) are made available through an allocation to States. Except where indicated, the remainder of this notice refers specifically to this component: The State Clean Diesel Grant Program. Additional information regarding the State Clean Diesel Grant Program is available at *http://www.epa.gov/cleandiesel* under the State Program section.
(3)Eligible Entities Throughout this document, the term “applicant,” “recipient,” or “State” includes the 50 States. EPA presumes that the State Agency with jurisdiction over air quality will be the lead agency to receive these funds. If a State's circumstances dictate that another State agency administer the funds, then a letter from the State Governor or designee to the Administrator of EPA is required in order to certify one State Agency as the recipient of funds who has the legal and administrative authority to enter into a grant or cooperative agreement with EPA. Upon receipt, EPA will consider that State Agency the lead agency from that point forward. However, if there is a change, a new Governor's letter to the Administrator must be submitted during the renewal process and the new agency would be considered the lead agency for future grants. For fiscal year 2008, the letter to identify an alternate lead agency and provide specific contact information should be sent to the EPA Administrator at the contact information listed in Section 11 of this Notice and be received on or before April 24, 2008 at 11:59 p.m. Pacific Time.
(4)Allocation of Funds a. How Much Funding Is Available? In fiscal year 2008, Congress allocated $49.2 million for Subtitle G, *Diesel Emissions Reduction Program* under EPAct of 2005. For fiscal year 2008, 30 percent of these funds (approximately $14.8M) under this subtitle are for the State Clean Diesel Grant Program. The President's fiscal year 2009 budget request outlines similar levels. State Agencies that are eligible entities under the National Clean Diesel Grant and Loan Program may also apply for competitive national grants. b. How Will Funding Be Allocated in Fiscal Year 2008? For fiscal year 2008, EPA expects to award grants to all States for which applications are approved based on an allocation formula that is outlined in EPAct of 2005. Accordingly, for fiscal year 2008, EPA will allocate 20 percent of the funds for base level funding and reserve 10 percent of the funds for the State matching incentive. Pursuant to EPAct of 2005, funding levels for the State Clean Diesel Grant Program may change in future years, but the base allocation of funding will not be more than 20 percent of the funds available in a fiscal year. The specific allocation methodology for the State program for fiscal year 2008 as prescribed in EPAct of 2005 Section 793(c) of Subtitle G is outlined below:
(1)Base funding (20 percent or $9.84M)
(a)If all 50 States elect to participate, then 2 percent is available for each State ($196,000).
(b)If fewer than 50 States elect to participate, then a base allocation of 2 percent plus a proportional population formula will be used. The total population of the State will be divided by the total population of all qualifying States for a fiscal year/grant cycle. The total population of qualifying States would not be determined until all qualifying States are selected. EPA will use the latest available population estimate data of the U.S. Census Bureau. This fraction of State population over total population of qualifying States is multiplied by the remaining funds from the 20 percent allocated to the qualifying States. EN10MR08.000
(2)Matching Incentive (10 percent or $4.96M)
(a)If States choose to match their entire allocation dollar for dollar, they will receive an additional 50 percent of their State base funding.
(3)Unclaimed funds from the State Clean Diesel Grant Program will revert to the National Clean Diesel Funding Assistance Program. Unclaimed funds may consist of funds from the matching incentive pool which were not matched by States and/or any funds from the base allocation portion if EPA were to provide less than 20 percent base allocation. Any funds reverting to the National Clean Diesel Funding Assistance Program will be subject to the statutory distribution requirements. Award amounts could range from approximately $196,000 to $2,000,000 based on the number of States who apply. For examples of potential funding scenarios, see *http://www.epa.gov/cleandiesel* under the State Program section. c. What Are the Match Requirements? Under the State Clean Diesel Grant Program, a match is not required. However, as an incentive, States are encouraged to match the entire Federal allocation dollar for dollar. If the entire base allocation is matched dollar for dollar, States qualify for an additional 50 percent of their original allocation. Pursuant to 40 CFR 31.24, States that choose to match the Federal allocation can use a combination of non-Federal grants or financial contributions over which the State has control from non-Federal third parties and/or through in-kind contributions that are applicable to the period to which the matching requirements apply. A matching requirement may not be met by costs borne by another Federal grant. Eligible categories for matching funds include State funds or private funds which can either be cash donations or in-kind contributions. A State may not use any Federal funds received under Subtitle G, *Diesel Emissions Reduction Program* under EPAct of 2005 as match for the State Clean Diesel Grant Program. A recipient is legally obligated to expend any voluntary matching share included in the approved project budget. This match must be met by eligible and allowable costs as outlined in 40 CFR part 31 and is subject to the match provisions in the assistance agreement regulations. A recipient who fails to provide any matching share that is included in the approved budget would be in breach of the assistance agreement, and EPA can take enforcement actions authorized by the assistance regulations. Costs and third party in-kind contributions used to satisfy a match must be verifiable from records of grantees and subgrantee or cost-type contractors. These records must show how the value placed on third party in-kind contributions was derived. States are encouraged to submit letters of commitment from private funding secured for match as part of the State's application.
(5)Permissible Use of Funds a. What Projects and Activities Are Allowable Under This Program? States shall use any funds provided under the State Clean Diesel Grant Program to develop and implement Clean Diesel grant and low-cost revolving loan programs in the State as are appropriate to meet State needs and goals relating to the reduction of diesel emissions. Per EPAct of 2005 Section 793(d)(3) *Use of Funds,* a State, through a grant or loan, may fund a project that utilizes verified or certified technologies through EPA's verification or certification programs or through the California Air Resources Board's
(CARB)verification or certification programs. A list of EPA verified technologies is available at *http://www.epa.gov/cleandiesel.* CARB-verified technologies may be found at *www.arb.ca.gov/diesel/verdev/verdev.htm.* In general, States may implement grant or loan programs to fund the costs of the following:
(1)A retrofit technology (including any incremental costs of a repowered or new diesel engine) that significantly reduces emissions through development and implementation of a certified engine configuration, verified technology, or emerging technology for
(a)A bus;
(b)A medium-duty truck or a heavy-duty truck;
(c)A marine engine;
(d)A locomotive; or
(e)A non-road engine or vehicle used in —Construction; —Handling of cargo (including at a marine port or airport); —Agriculture; —Mining; or —Energy production (e.g., generator sets); or
(2)Programs or projects to reduce long-duration idling using verified technology involving a vehicle or equipment described above. A list of EPA-verified idling technologies is available at *http://www.epa.gov/cleandiesel.* All recipients of grants made through the State's grant or loan program must comply with applicable requirements for subawards or subgrants including those contained in 40 CFR Part 31. States cannot use subgrants or subawards to avoid requirements in EPA grant regulations for competitive procurement by using these instruments to acquire commercial services or products from for-profit organizations to carry out its assistance agreement. The nature of the transaction between the State and the subawardee or subgrantee must be consistent with the standards for distinguishing between vendor transactions and subrecipient assistance under Subpart B Section .210 of OMB Circular A-133, and the definitions of “subaward” at 40 CFR 30.2 or “subgrant” at 40 CFR 31.3, as applicable. b. What Are Program Priorities? Pursuant to EPAct of 2005 Section 793(d)(1), States should, to the extent practicable, provide funding to projects that, as determined by the State
(a)Maximize public health benefits;
(b)Are the most cost-effective;
(c)Serve areas —With highest population density; —That are poor air quality areas, including areas i. In nonattainment or maintenance of national ambient air quality standards for a criteria pollutant; ii. Federal or State Class I areas; or iii. Areas with toxic air pollutant concerns; —That receive disproportionate quantity of air pollution from diesel fleets, including truck stops, marine ports, rail yards, terminals, and distribution centers; or —That use community-based multi-stakeholder processes to reduce toxic emissions;
(d)Include a certified engine configuration, verified technology, or emerging technology that has a long expected useful life;
(e)Will maximize the useful life of any certified engine configuration, verified technology, or emerging technology used or funding by the State;
(f)Conserve diesel fuel; and
(g)Use ultra low sulfur diesel fuel (15 parts per million or less of sulfur content) ahead of EPA's mandates (for non-road or marine projects). c. Are There Any Funding Restrictions? States and/or subgrantees must use a competitive process for obtaining contracts for services and products and conduct cost and price analyses to the extent required by Federal, State or local procurement requirements. All contracts and the purchase of supplies and equipment must be conducted in a manner providing free and open competition, to the maximum extent practicable. As such, applicants should refrain from mentioning specific technology manufacturers in their proposals unless they are sole source providers. States must ensure that the costs of proposed activities are allowable according to Office of Management and Budget
(OMB)Circular A-87 “Allowable Costs.” This should be reviewed in conjunction with 40 CFR Part 31. OMB defines allowable costs as those costs that are “eligible, reasonable, necessary, and allocable.” For a cost to be eligible, the cost must not be prohibited by the statute, and it must be incurred during the budget period. Additionally, costs should be judged in context to determine that they are reasonable and necessary, and detailed budgets must include appropriate budget categories and funds must be allocated appropriately. For the purposes of implementing this program, the amount of funding used to cover these allowable costs, as identified in OMB Circular A-87 Attachment B, may be up to 15 percent of your State's allocation. Recipients need to ensure that proper documentation is in the file to meet the procurement regulation requirement in 40 CFR part 31 and/or State procurement rules. All grant expenditures are subject to audit for the final determination of allowability of costs.
(6)Application Procedures a. What Is the Application Process for States? The process begins with a required *Notice of Intent to Apply* from the designated lead State Agency. Once the notices are received by EPA, the allocation formula described in Section 4 of this Notice will be used to determine a target budget for each State. EPA plans to inform States of this target budget on or before May 9, 2008 at 11:59 p.m. Eastern Time via e-mail to the contact identified in the *Notice of Intent to Apply* . Following notification of a target budget, States must prepare the application package in consultation with the EPA Regional Office. The Application Package will contain a program work plan, budget, and required administrative documents as directed in Section 6(c) of this Notice. The full application package must be submitted to the Regional Clean Diesel contact indicated in Section 11 of this Notice on or before June 23, 2008, at 11:59 p.m. Pacific Time. EPA Regional Offices and the Office of Transportation and Air Quality will evaluate applications for compliance with the requirements listed in EPAct of 2005 and this Notice. *Important Dates:*
(1)April 24, 2008—Required Notice of Intent to Apply from applicants to EPA.
(2)May 9, 2008—EPA informs applicants of target budget.
(3)June 23, 2008—State application packages due to EPA Regions.
(4)August 2008—Regional Grant Offices award grants.
(5)September—October 2008—Project period begins.
(6)Quarterly—Post-award monitoring, evaluation and reporting of results of grant.
(7)Annually—Renewal of application. b. How Do State Agencies Submit the *Notice of Intent To Apply* ? A template (sample letter) for the *Notice of Intent to Apply* is available on the National Clean Diesel Campaign Web site at *http://www.epa.gov/cleandiesel* under the State Program section. Components of the Notice should include
(1)the intent to apply for the State Clean Diesel Grant Program,
(2)signature of appropriate State official(s) with authority to commit the State (electronic signature via e-mail will be considered officially signed),
(3)State's potential ability to match allocation and potential source categories of match, and
(4)relevant programmatic and financial contact information (name, address, e-mail and phone). This Notice must be submitted electronically from the State's Commissioner or delegated official to EPA's Office of Transportation and Air Quality at *cleandiesel@epa.gov* on or before April 24, 2008 at 11:59 p.m. Pacific Time. The subject line of the e-mail should read “Intent to Apply: State Clean Diesel Grant Program—[STATE NAME].” c. What Should the Application Package Contain? The application package must contain a work plan narrative and budget narrative in addition to the standard EPA grant application forms. The National Clean Diesel Campaign Web site, *http://www.epa.gov/cleandiesel* , will include all application materials and/or instructions necessary to complete the forms under the State Program section. Work plans must contain sufficient detail so that EPA can determine that the proposed work meets the goal of significant reductions in diesel emissions and meets the statutory eligibility requirements and grant conditions. The work plan should include details on fleets or industry sectors the grants or loan program will target initially in year one of the program and a plan or framework to sustain the program for future years. Plans should designate resources (e.g., personnel, contracts, supplies, equipment) for the current budget period and corresponding outputs in quantifiable and measurable results. Work plans should also indicate how the State plans to meet the priority areas outlined in Section 5 of this Notice. A work plan and budget narrative template is available at *http://www.epa.gov/cleandiesel* under the State Program section. State Agencies must submit application packages to the appropriate EPA Regional Office on or before June 23, 2008, at 11:59 p.m. Pacific Time. EPA Regional Offices will make awards after review of the application package for the applicable requirements. See Section 11 of this Notice for a list of EPA Regional contacts. d. Are Quality Assurance and Quality Control (QA/QC) Required for Application? Pursuant to 40 CFR 31.45, QA/QC plans and procedures may be required if a grantee's project involves environmentally related measurements or data generation. e. Can State Clean Diesel Grant Funds Be Used With National Clean Diesel Grant Funds? For fiscal year 2008, States can apply for both the National and State components of National Clean Diesel Programs. State agencies with jurisdiction over transportation or air quality are eligible for funding under the National Clean Diesel Program; the 50 States are eligible for funding under the State Clean Diesel Program. States will need to submit separate applications and distinct work plans for each program. Applications through the National component are awarded through a competitive process and decisions are made separately. In fiscal year 2008, decisions on the National component are likely to follow the award of the State Clean Diesel grants. See *http://www.epa.gov/cleandiesel* for links to regional competitions under the National Clean Diesel Funding Assistance Program.
(7)Selection Process For the State Clean Diesel Program, EPA expects to award grants to all eligible States that meet the applicable requirements described in this Notice. As pursuant to Section 793(b)(2)(B) of EPAct of 2005, the process by which the Administrator or delegated authority shall approve or disapprove each application will be as follows. States must substantially comply with the application process outlined in Section 6 of this Notice including the submittal of the *Notice of Intent to Apply* and the application package. Work plans must also substantially comply with the guidelines and requirements as outlined in Section 5 of this Notice, *Use of Funds* . EPA will follow EPAct of 2005, Subtitle G Section 793 criteria and this Notice to approve or disapprove applications.
(8)Reporting Requirements Recipients must submit progress reports and financial reports as required in 40 CFR 31.40 and 31.41 throughout the award period and a final performance report following the expiration of funding and/or prior to renewal of funding. 40 CFR part 31 requires all grantees to submit timely and comprehensive progress reports on the activities funded by the grant. These reports provide EPA with the information it needs to ensure that each grantee is meeting the schedule and commitments contained in the assistance agreement. More importantly, they provide a mechanism for evaluating the environmental progress brought about by the State's Clean Diesel Program, and for reporting to Congress on this progress pursuant to Section 794 of Subtitle G, *Diesel Emissions Reduction Program* under EPAct of 2005. Regions may request that States submit quarterly reports and a final performance report following the end of the reporting period. Reporting requirements may include actual and estimated air quality and diesel fuel conservation benefits, cost-effectiveness, and cost-benefits. Reporting schedules and submittal dates are to be specified in the individual assistance agreements, and each State will be expected to adhere to its agreed-upon schedule. States should pay particular attention to the grant and program conditions attached to their award documents. Some are standard conditions required by regulation or policy, others are “special conditions” added by the program which may be specific to the particular region. Compliance with these conditions will be considered as part of the program evaluation process.
(9)Renewal Process Each year that adequate appropriations are available for State Grant and Loan Programs under Section 793 EPAct of 2005 Subtitle G, States with current programs under this authority will need to follow EPA guidelines on renewing funds. Renewal decisions will be based, in part, on satisfactory performance the previous year on the work plan's stated activities. EPA has established a streamlined process for renewal of existing grants that will include at a minimum, evaluation of submitted quarterly reports, whether awardees are making adequate progress in meeting their Stated goals, and a revised work plan to identify next year's activities. EPA will provide specific dates and guidelines for the renewal process through a **Federal Register** Notice as funding is appropriated by Congress. Eligible entities who did not apply in fiscal year 2008 will have an opportunity to participate in the program for following years and may be required to submit a *Notice of Intent to Apply* . Specific processes and deadlines will be available through subsequent **Federal Register** Notices.
(10)Resources and Tools EPA has developed resources and tools for States including technical guidance on the cost-effectiveness of retrofit technologies for on-highway and non-road heavy-duty diesel engines. These resources are available at *http://www.epa.gov/cleandiesel* .
(11)EPA OTAQ and Regional Clean Diesel Contacts a. Office of Transportation and Air Quality (Headquarters)—Washington, DC, Jennifer Keller, U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Mail-Stop: 6405-J. Phone
(202)343-9541, Fax
(202)343-2803, *keller.jennifer@epa.gov* . b. Administrator Address: U.S. Environmental Protection Agency, Administrator Stephen L. Johnson, 1200 Pennsylvania Ave, NW., Washington, DC 20460. c. Regional Clean Diesel Contacts
(1)Region I—Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont: Lucy Edmondson, USEPA Region I, EPA New England, One Congress Street, Boston, MA, T:
(617)918-1004; F:
(617)918-0004; *edmondson.lucy@epa.gov* .
(2)Region II—New Jersey, New York: Melanie Zeman, USEPA Region II, 290 Broadway, 25th floor—Air Programs Branch, New York, NY 10007-1866, T:
(212)637-4022; F:
(212)637-3901; *zeman.melanie@epa.gov* .
(3)Region III—Delaware, Maryland, Pennsylvania, Virginia, West Virginia: Bill Jones, USEPA Region III, 1650 Arch Street, Philadelphia, PA 19103, T:
(215)814-2023; F:
(215)814-2101; *jones.bill@epa.gov* .
(4)Region IV—Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee: Scott Davis, USEPA Region IV, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, GA 30303-8960, T:
(404)562-9127; F:
(404)562-9019; *davis.scottr@epa.gov* .
(5)Region V—Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin: Steve Marquardt, USEPA Region V, 77 West Jackson Blvd., Mail Code A-18J, Chicago, IL 60604, T:
(312)353-3214; F:
(312)886-0617; *marquardt.steve@epa.gov* .
(6)Region VI—Arkansas, Louisiana, New Mexico, Oklahoma, Texas: Ruben Casso, USEPA Region VI, 1445 Ross Avenue, Dallax, TX 75202, Mail Code: 6PD-Q, T:
(214)665-6763; F:
(212)665-6762; *casso.ruben@epa.gov* .
(7)Region VII—Iowa, Kansas, Nebraska, Missouri: Alan Banwart, USEPA Region VII, 901 N. 5th Street, Kansas City, KS 66101, T:
(913)551-7819; F:
(913)551-7844; *banwart.alan@epa.gov* .
(8)Region VIII—Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming: Rebecca Russo, USEPA Region VIII, 1595 Wynkoop Street, Denver, CO 80202, T:
(303)312-6757; F:
(303)312-6064; *russo.rebecca@epa.gov* .
(9)Region IX—Arizona, California, Hawaii, Nevada: Michael Mann, USEPA Region IX (Air-1), 75 Hawthorne Street, San Francisco, CA 94105, T:
(415)972-3505; F:
(415)947-3581; *mann.michael@epa.gov* .
(10)Region X—Alaska, Idaho, Oregon, Washington: Wayne Elson, USEPA Region X, 1200 Sixth Avenue, Suite 900, M/S AWT-107, Seattle, WA 98101, T:
(206)553-1463; F:
(206)553-0110; *elson.wayne@epa.gov* . Dated: February 27, 2008. Margo Tsirigotis Oge, Director, Office of Transportation and Air Quality. [FR Doc. E8-4702 Filed 3-7-08; 8:45 am] BILLING CODE 6560-50-P FARM CREDIT ADMINISTRATION Farm Credit Administration Board; Regular Meeting AGENCY: Farm Credit Administration. SUMMARY: Notice is hereby given, pursuant to the Government in the Sunshine Act (5 U.S.C. 552b(e)(3)), of the regular meeting of the Farm Credit Administration Board (Board). *Date and Time:* The regular meeting of the Board will be held at the offices of the Farm Credit Administration in McLean, Virginia, on March 13, 2008, from 9 a.m. until such time as the Board concludes its business. FOR FURTHER INFORMATION CONTACT: Roland E. Smith, Secretary to the Farm Credit Administration Board,
(703)883-4009, TTY
(703)883-4056. ADDRESSES: Farm Credit Administration, 1501 Farm Credit Drive, McLean, Virginia 22102-5090. SUPPLEMENTARY INFORMATION: Parts of this meeting of the Board will be open to the public (limited space available), and parts will be closed to the public. In order to increase the accessibility to Board meetings, persons requiring assistance should make arrangements in advance. The matters to be considered at the meeting are: Open Session A. Approval of Minutes • February 14, 2008. B. New Business • Notice and Request for Comment-Proposed Revisions to the Interagency Questions and Answers Regarding Flood Insurance. C. Reports • Spring 2008 Abstract of the Unified Agenda and Regulatory Performance Plan. • FCSBA Quarterly Report. Closed Session * * Session Closed-Exempt pursuant to 5 U.S.C. 552b(c)(8) and (9). • Commodity and Capital Trends. Dated: March 5, 2008. Roland E. Smith, Secretary, Farm Credit Administration Board. [FR Doc. 08-998 Filed 3-6-08; 12:11 pm]
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  • 5 CFR 1601
  • 5 USC 810(a)(1)(A)
  • 5 USC 814(2)
  • 33 CFR 100
  • 33 CFR 3.25
  • 5 USC 601-612
  • Pub. L. 104-121
  • 44 USC 3501-3520
  • 2 USC 1531-1538
  • 42 USC 4321-4370f
  • 33 USC 1233
  • 37 CFR 1
  • 631 F.2d 716
  • 44 CFR 67
  • 44 CFR 67.4(a)
  • 44 CFR 60.3
  • 44 CFR 10
  • 44 CFR 67.4
  • 13 CFR 124
  • 42 USC 2473(c)
  • 15 CFR 970
  • 50 CFR 648.202(a)
  • 41 CFR 102
  • 5 CFR 591
  • 5 CFR 591.103
  • 5 CFR 591.104
  • 32 CFR 316
  • 32 CFR 318
  • 10 USC 5013
  • 32 CFR 701
  • Pub. L. 105-332
  • 34 CFR 668
  • 34 CFR 673
  • 34 CFR 674
  • 34 CFR 675
  • 34 CFR 676
  • 34 CFR 600
  • 34 CFR 82
  • 34 CFR 84
  • 34 CFR 85
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