Notices. Notice

32,914 words·~150 min read·/register/2008/03/12/08-1006

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

BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention National Center for Injury Prevention and Control/Initial Review Group, (NCIPC/IRG) In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC), announces the following meeting of the aforementioned review group: Time and Date: 8 a.m.-8:30 a.m., March 31, 2008 (Open). 8:30 a.m.-5p.m., March 31, 2008 (Closed). *Place:* Embassy Suites Atlanta—Buckhead, 3285 Peachtree Road, NE., Atlanta, GA 30305, Telephone

(404)261-7733. *Status:* Portions of the meetings will be closed to the public in accordance with provisions set forth in section 552b(c)(4) and (6), Title 5, U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to section 10(d) of Public Law 92-463. *Purpose:* This group is charged with providing advice and guidance to the Secretary, Department of Health and Human Services, and the Director, CDC, concerning the scientific and technical merit of grant and cooperative agreement applications received from academic institutions and other public and private profit and nonprofit organizations, including State and local government agencies, to conduct specific injury research that focuses on prevention and control. *Matters To Be Discussed:* The meeting will include the review, discussion, and evaluation of individual research grant and cooperative agreement applications submitted in response to the Fiscal Year 2008 Funding Opportunity Announcement

(FOA)CE08-001: Youth Violence Prevention Through Community-Level Change. Agenda items are subject to change as priorities dictate. FOR FURTHER INFORMATION CONTACT: J. Felix Rogers, Ph.D., M.P.H., Telephone

(770)488-4334, NCIPC/ERPO, CDC, 4770 Buford Highway, NE., M/S F62, Atlanta, GA 30341. The Director, Management Analysis and Services Office, has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities for both CDC and the Agency for Toxic Substances and Disease Registry. Dated: March 6, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-4945 Filed 3-11-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): National Institute for Occupational Safety and Health (NIOSH) Education and Research Center, Program Announcement for Research

(PAR)PAR06-485 In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention

(CDC)announces the aforementioned meeting. *Time and Date:* 1 p.m.-2 p.m., March 17, 2008 (Closed). *Place:* NIOSH, 2400 Century Parkway, NE., Atlanta, GA 30345, Telephone

(866)649-6988. *Status:* The meeting will be closed to the public in accordance with provisions set forth in section 552b(c)

(4)and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463. *Matters To Be Discussed:* The meeting will include the review, discussion, and evaluation of “NIOSH Education and Research Center, PAR 06-485.” NIOSH determines that agency business requires its consideration of this matter on less than 15 days notice to the public and that no earlier notice of this meeting was possible. FOR FURTHER INFORMATION CONTACT: M. Chris Langub, PhD., Scientific Review Officer, NIOSH, CDC, 2400 Century Parkway, NE., Atlanta, GA 30345, Telephone

(404)498-2543. The Director, Management Analysis and Services Office, has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry. Dated: March 6, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-4906 Filed 3-11-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2008-N-0154] Agency Information Collection Activities; Proposed Collection; Comment Request; Good Laboratory Practice Regulations for Nonclinical Studies AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration

(FDA)is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the good laboratory practice

(GLP)for nonclinical laboratory studies regulations. DATES: Submit written or electronic comments on the collection of information by May 12, 2008. ADDRESSES: Submit electronic comments on the collection of information to *http://www.regulations.gov* . Submit written comments on the collection of information to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. All comments should be identified with the docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Elizabeth Berbakos, Office of the Chief Information Officer (HFA-250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-1482. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget

(OMB)for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal agencies to provide a 60-day notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document. With respect to the following collection of information, FDA invites comments on these topics:

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

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

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

(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology. Good Laboratory Practice

(GLP)Regulations for Nonclinical Studies—21 CFR Part 58 (OMB Control Number 0910-0119)—Extension Sections 409, 505, 512, and 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348, 355, 360b, and 360e) and related statues require manufacturers of food additives, human drugs and biological products, animal drugs, and medical devices to demonstrate the safety and utility of their product by submitting applications to FDA for research or marketing permits. Such applications contain, among other important items, full reports of all studies done to demonstrate product safety in humans and/or other animals. In order to ensure adequate quality control for these studies and to provide an adequate degree of consumer protection, the agency issued the GLP regulations. The regulations specify minimum standards for the proper conduct of safety testing and contain sections on facilities, personnel, equipment, standard operating procedures (SOPs), test and control articles, quality assurance, protocol and conduct of a safety study, records and reports, and laboratory disqualification. The GLP regulations contain requirements for the reporting of the results of quality assurance unit inspections, test and control article characterization, testing of mixtures of test and control articles with carriers, and an overall interpretation of nonclinical laboratory studies. The GLP regulations also contain recordkeeping requirements relating to the conduct of safety studies. Such records include the following information:

(1)Personnel job descriptions and summaries of training and experience;

(2)master schedules, protocols and amendments thereto, inspection reports, and SOPs;

(3)equipment inspection, maintenance, calibration, and testing records;

(4)documentation of feed and water analyses and animal treatments;

(5)test article accountability records; and

(6)study documentation and raw data. The information collected under GLP regulations is generally gathered by testing facilities routinely engaged in conducting toxicological studies and is used as part of an application for a research or marketing permit that is voluntarily submitted to FDA by persons desiring to market new products. The facilities that collect this information are typically operated by large entities, e.g., contract laboratories, sponsors of FDA-regulated products, universities, or Government agencies. Failure to include the information in a filing to FDA would mean that agency scientific experts could not make a valid determination of product safety. FDA receives, reviews, and approves hundreds of new product applications each year based on information received. The recordkeeping requirements are necessary to document the proper conduct of a safety study, to assure the quality and integrity of the resulting final report, and to provide adequate proof of the safety of regulated products. FDA conducts onsite audits of records and reports, during its inspections of testing laboratories, to verify reliability of results submitted in applications. The likely respondents collecting this information are contract laboratories, sponsors of FDA-regulated products, universities, or Government agencies. FDA estimates the burden of this collection of information as follows: **Table 1.—Estimated Annual Reporting Burden** 1 21 CFR Section No. of Respondents Annual Frequency per Response Total Annual Responses Hours per Response Total Hours 58.35(b)(7) 300 60.25 18,075 1 18,075 58.185 300 60.25 18,075 27.65 499,774 Total 517,849 1 There are no capital costs or operating and maintenance costs associated with this collection of information. **Table 2.—Estimated Annual Recordkeeping Burden** 1 21 CFR Section No. of Recordkeepers Annual Frequency per Recordkeeping Total Annual Records Hours per Record Total Hours 58.29(b) 300 20 6,000 .21 1,260 58.35(b)(1) to (b)(6) and

(g)300 62.7 18,810 .13 2,445 58.105(a) and

(b)300 5 1,500 11.8 17,700 58.107(d) 300 1 300 4.25 1,275 58.113(a) 300 15.33 4,599 6.8 31,273 58.120 300 15.38 4,614 32.7 150,878 58.195 300 251.5 75,450 3.9 294,255 Total 786,308 1 There are no capital costs or operating and maintenance costs associated with this collection of information. Please note that on January 15, 2008, the FDA Web site transitioned to the Federal Dockets Management System (FDMS). FDMS is a Government-wide, electronic docket management system. Electronic submissions will be accepted by FDA through FDMS only. Dated: March 6, 2008. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E8-4903 Filed 3-11-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Proposed Collection: Comment Request; Revision of OMB No. 0925-0002, exp. 10/31/08, “Ruth L. Kirschstein NRSA Individual Fellowship Application and Related Forms” *Summary:* In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed data collection projects, the Office of Extramural Research, the National Institutes of Health

(NIH)will publish periodic summaries of proposed projects to be submitted to the Office of Management and Budget

(OMB)for review and approval. *Proposed Collection: Title:* Ruth L. Kirschstein NRSA Individual Fellowship Application and Related Forms. *Type of Information Collection Request:* Revision of a currently approved collection, OMB 0925-0002, Expiration Date 10/31/08. Form Numbers: PHS 416-1, 416-9, 416-5, 416-7, 6031, 6031-1. *Need and Use of Information Collection:* The PHS 416-1 and 416-9 are used by individuals to apply for direct research training support. Awards are made to individual applicants for specified training proposals in biomedical and behavioral research, selected as a result of a national competition. The other related forms (PHS 416-5, 416-7, 6031, 6031-1) are used by these individuals to activate, terminate, and provide for payback of a National Research Service Award. *Frequency of response:* Applicants may submit applications for published receipt dates. If awarded, annual progress is reported and trainees may be appointed or reappointed. *Affected Public:* Individuals or households; businesses or other for-profit; not-for-profit institutions; Federal Government; and State, Local or Tribal Governments. *Type of Respondents:* Adult scientific trainees and professionals. The annual reporting burden is as follows: *Estimated Number of Respondents:* 34,454; *Estimated Number of Responses per Respondent:* 1; *Average Burden Hours Per Response:* 4.1; and *Estimated Total Annual Burden Hours Requested:* 142,301. The annualized cost to respondents is estimated at: $4,980,535. There are no Capital Costs to report. There are no Operating or Maintenance Costs to report. *Request for Comments:* Written comments and/or suggestions from the public and affected agencies are invited on one or more of the following points:

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

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

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

(4)Ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. *For Further Information Contact:* To request more information on the proposed project or to obtain a copy of the data collection plans and instruments, contact Ms. Mikia Currie, Division of Grants Policy, Office of Policy for Extramural Research Administration, NIH, Rockledge 1 Building, Room 3505, 6705 Rockledge Drive, Bethesda, MD 20892-7974, or call non-toll-free number 301-435-0941, or e-mail your request, including your address to: *curriem@od.nih.gov* . *Comments Due Date:* Comments regarding this information collection are best assured of having their full effect if received within 60 days of the date of this publication. Dated: March 3, 2008. George Gardner, Assistant Grants Policy Officer, OPERA, OER, National Institutes of Health. [FR Doc. E8-4871 Filed 3-11-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* Center for Scientific Review Special Emphasis Panel, AIDS SBIR Biological Sciences. *Date:* March 19-21, 2008. *Time:* 6 a.m. to 3 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Virtual Meeting) *Contact Person:* Kenneth A. Roebuck, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5106, MSC 7852, Bethesda, MD 20892,

(301)435-1166, *roebuckk@csr.nih.gov* . This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* Center for Scientific Review Special Emphasis Panel, Molecular Mechanisms of Neuronal Development and Regeneration. *Date:* March 21, 2008. *Time:* 4 p.m. to 7 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Telephone Conference Call) *Contact Person:* Lawrence Baizer, PhD, Scientific Review Administrator, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4152, MSC 7850, Bethesda, MD 20892,

(301)435-1257, *baizerl@csr.nih.gov* . This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* Center for Scientific Review Special Emphasis Panel. *Member Conflicts:* Cell Biology. *Date:* April 8-9, 2008. *Time:* 9 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Virtual Meeting) *Contact Person:* Noni Byrnes, PhD, Scientific Review Administrator, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5130, MSC 7840, Bethesda, MD 20892,

(301)435-1023, *byrnesn@csr.nih.gov* . (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research; 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS). Dated: March 4, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-4649 Filed 3-11-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Clinical Center; Notice of Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the NIH Advisory Board for Clinical Research. The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. The meeting will be closed to the public in accordance with the provisions set forth in section 552b(c)(6), Title 5 U.S.C., as amended to discuss personnel matters, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* NIH Advisory Board for Clinical Research. *Date:* March 31, 2008. *Open:* 10 a.m. to 12:45 p.m. *Agenda:* To review budget and policy issues at the NIH Clinical Center. *Place:* National Institutes of Health, Building 10, 10 Center Drive, Room 4-2551, Bethesda, MD 20892. *Closed:* 12:45 p.m. to 2 p.m. *Agenda:* To review and evaluate personnel matters. *Place:* National Institutes of Health, Building 10, 10 Center Drive, Room 4-2551, Bethesda, MD 20892. *Contact Person:* Maureen E. Gormley, Executive Secretary, Mark O. Hatfield Clinical Research Center, National Institutes of Health, Building 10, Room 6-2551, Bethesda, MD 20892, 301/496-2897. Dated: March 4, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-4654 Filed 3-11-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute of Allergy and Infectious Diseases Special Emphasis Panel R13 Conference Applications. *Date:* April 2, 2008. *Time:* 8 a.m. to 11 a.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6700B, Rockledge Drive, 3147, Bethesda, MD 20892. (Telephone Conference Call) *Contact Person:* Michelle M. Timmerman, PhD, Scientific Review Officer, Scientific Review Program, National Institutes of Health/NIAID, Room 3258, 6700B Rockledge Drive, MSC-7616, Bethesda, MD 20892-7616, 301-451-4573, *timmermanm@niaid.nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS). Dated: March 4, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-4652 Filed 3-11-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Fiscal Year

(FY)2008 Funding Opportunity AGENCY: Substance Abuse and Mental Health Services Administration, HHS. ACTION: Notice of intent to award a Single Source Grant to the National Association of State Alcohol and Drug Abuse Directors (NASADAD). SUMMARY: This notice is to inform the public that the Substance Abuse and Mental Health Services Administration (SAMHSA) intends to award approximately $600,000 (total costs) per year for up to three years to the National Association of State Alcohol and Drug Abuse Directors (NASADAD). This is not a formal request for applications. Assistance will be provided only to the National Association of State Alcohol and Drug Abuse Directors (NASADAD) based on the receipt of a satisfactory application that is approved by an independent review group. *Funding Opportunity Title:* TI-08-002. *Catalog of Federal Domestic Assistance

(CFDA)Number:* 93.243. Authority: Section 1935 of the Public Health Service Act, as amended. *Justification:* Only the National Association of State Alcohol and Drug Abuse Directors (NASADAD) is eligible to apply. The Substance Abuse and Mental Health Services Administration (SAMHSA) is seeking to award a single source grant to the National Association of State Alcohol and Drug Abuse Directors (NASADAD) to facilitate collaborative activities between SAMHSA and the States to assist SAMHSA in its development and implementation of the National Outcome Measures (NOMs). NASADAD's membership is composed of the State substance abuse authorities (SSAs). SSAs are the recipients of SAMHSA's Substance Abuse Prevention and Treatment

(SAPT)Block Grant funds. Grant activities will focus on areas of mutual interest and will help support the States' ability to respond to changes brought about by the transition of management of the SAPT Block Grant to a performance and outcomes focus based upon the NOMs and other information. These collaborative activities will assist SAMHSA in its development, implementation and management of the SAPT Block Grant Program, and will assist States in the development and implementation of their transition plans and to respond to the changes brought about by the transition. NASADAD is in the unique position to facilitate these activities because: • NASADAD is the sole and unique organization with a direct official relationship with the SSAs. SSAs, which form the membership of NASADAD, are the only entities that may directly apply for and administer SAMHSA's SAPT Block Grant funds. • The activities required under this grant program will require NASADAD and its members

(SSAs)to provide the necessary State perspective regarding needs and potential changes to the State substance abuse treatment system practices and to their information system's infrastructure. • NASADAD is the sole organization that has been utilizing, in support of CSAT, a Web-based process to facilitate SSA dialogue on NOMs. • NASADAD's constituency and staff are a repository of knowledge on State issues related to substance abuse treatment indicators and are accountable for performance in the SAPT Block Grant. This knowledge is critical to the grant project. • NASADAD has a Data Subcommittee that is essential to the required grant activities. In addition, NASADAD is uniquely qualified to conduct the required activities because of its relationship with the SSAs and its history of collaboration with the Federal government and other organizations that represent issues of importance to State government. *Contact:* Shelly Hara, Substance Abuse and Mental Health Services Administration, 1 Choke Cherry Road, Room 8-1081, Rockville, MD 20857; telephone:

(240)276-2321; E-mail: *shelly.hara@samhsa.hhs.gov* . Toian Vaughn, M.S.W., SAMHSA Committee Management Officer. [FR Doc. E8-4892 Filed 3-11-08; 8:45 am] BILLING CODE 4162-20-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2008-0004] National Fire Academy Board of Visitors AGENCY: Federal Emergency Management Agency, DHS. ACTION: Committee Management; Notice of Open Federal Advisory Committee Meeting. SUMMARY: The National Fire Academy Board of Visitors will meet on April 2-3, 2008. DATES: The meeting will take place Wednesday, April 2, 2008, from 8:30 a.m. to 5 p.m., e.s.t. and Thursday, April 3, 2008, from 8:30 a.m. to 1 p.m., e.s.t. Comments must be submitted by Thursday, April 10, 2008. ADDRESSES: Members of the public who wish to obtain information for the public meeting may contact Teressa Kaas as listed in the FOR FURTHER INFORMATION CONTACT section by April 1, 2008. Members of the public may participate by coming to the National Emergency Training Center, Building H, Room 300, Emmitsburg, Maryland. Members of the general public who plan to participate in the meeting should contact Teressa Kaas as listed in the FOR FURTHER INFORMATION CONTACT section, on or before April 1, 2008. Requests to have written material distributed to each member of the committee prior to the meeting should reach the contact person at the address below by April 1, 2008. Send written material to Teressa Kaas, 16825 South Seton Avenue, Emmitsburg, Maryland 21727. Comments must be identified by Docket ID FEMA-2008-0004 and may be submitted by *one* of the following methods: • *Federal eRulemaking Portal:* *http://www.regulations.gov* . Follow the instructions for submitting comments. • *E-mail:* *FEMA-RULES@dhs.gov* . Include Docket ID in the subject line of the message. • *Fax:*

(866)466-5370. • *Mail:* Teressa Kaas, 16825 South Seton Avenue, Emmitsburg, Maryland 21727. *Instructions:* All submissions received must include the Docket ID for this action. Comments received will be posted without alteration at *http://www.regulations.gov* , including any personal information provided. *Docket:* For access to the docket to read background documents or comments received by the National Fire Academy Board of Visitors, go to *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Teressa Kaas, 16825 South Seton Avenue, Emmitsburg, Maryland 21727, telephone

(301)447-1117, fax

(301)447-1173, and e-mail *teressa.kaas@dhs.gov* . SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463). The National Fire Academy Board of Visitors will be holding a meeting for purposes of reviewing National Fire Academy Program activities, including an update on the Learning Management System, the Academy update, and Board discussions and new items. This meeting is open to the public. The Chairperson of the National Fire Academy Board of Visitors shall conduct the meeting in a way that will, in his judgment, facilitate the orderly conduct of business. During its meeting, the committee welcomes public comment; however, comments will be permitted only during the public comment period. The Chairperson will make every effort to hear the views of all interested parties. Please note that the meeting may end early if all business is completed. Information on Services for Individuals With Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact Teressa Kaas as soon as possible. Dated: March 5, 2008. Charlie Dickinson, Deputy Assistant Administrator, U.S. Fire Administration, Federal Emergency Management Agency. [FR Doc. E8-4894 Filed 3-11-08; 8:45 am] BILLING CODE 9110-17-P DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration [Docket Nos. TSA-2006-24191; Coast Guard-2006-24196] Transportation Worker Identification Credential (TWIC); Enrollment Date for the Port of Bangor, ME AGENCY: Transportation Security Administration; United States Coast Guard; DHS. ACTION: Notice. SUMMARY: The Department of Homeland Security

(DHS)through the Transportation Security Administration

(TSA)issues this notice of the date for the beginning of the initial enrollment for the Transportation Worker Identification Credential

(TWIC)for the Port of Bangor, ME. DATES: TWIC enrollment begins in Bangor on March 26, 2008. ADDRESSES: You may view published documents and comments concerning the TWIC Final Rule, identified by the docket numbers of this notice, using any one of the following methods.

(1)Searching the Federal Docket Management System

(FDMS)Web page at *www.regulations.gov;*

(2)Accessing the Government Printing Office's Web page at *http://www.gpoaccess.gov/fr/index.html;* or

(3)Visiting TSA's Security Regulations Web page at *http://www.tsa.gov* and accessing the link for “Research Center” at the top of the page. FOR FURTHER INFORMATION CONTACT: James Orgill, TSA-19, Transportation Security Administration, 601 South 12th Street, Arlington, VA 22202-4220. Transportation Threat Assessment and Credentialing (TTAC), TWIC Program,

(571)227-4545; e-mail: *credentialing@dhs.gov.* Background The Department of Homeland Security (DHS), through the United States Coast Guard and the Transportation Security Administration (TSA), issued a joint final rule (72 FR 3492; January 25, 2007) pursuant to the Maritime Transportation Security Act (MTSA), Public Law 107-295, 116 Stat. 2064 (November 25, 2002), and the Security and Accountability for Every Port Act of 2006 (SAFE Port Act), Public Law 109-347 (October 13, 2006). This rule requires all credentialed merchant mariners and individuals with unescorted access to secure areas of a regulated facility or vessel to obtain a TWIC. In this final rule, on page 3510, TSA and Coast Guard stated that a phased enrollment approach based upon risk assessment and cost/benefit would be used to implement the program nationwide, and that TSA would publish a notice in the **Federal Register** indicating when enrollment at a specific location will begin and when it is expected to terminate. This notice provides the start date for TWIC initial enrollment at the Port of Bangor, ME on March 26, 2008. The Coast Guard will publish a separate notice in the **Federal Register** indicating when facilities within the Captain of the Port Zone Northern New England, including those in the Port of Bangor must comply with the portions of the final rule requiring TWIC to be used as an access control measure. That notice will be published at least 90 days before compliance is required. To obtain information on the pre-enrollment and enrollment process, and enrollment locations, visit TSA's TWIC Web site at *http://www.tsa.gov/twic.* Issued in Arlington, Virginia, on March 6, 2008. Rex Lovelady, Program Manager, TWIC, Office of Transportation Threat Assessment and Credentialing, Transportation Security Administration. 3 [FR Doc. E8-4897 Filed 3-11-08; 8:45 am] BILLING CODE 9110-05-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2436-07; DHS Docket No. USCIS-2007-0062] RIN 1615-ZA64 Extension of the Designation of Somalia for Temporary Protected Status; Automatic Extension of Employment Authorization Documentation for Somali Temporary Protected Status Beneficiaries AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security (DHS). ACTION: Notice. SUMMARY: This Notice announces that the designation of Somalia for temporary protected status

(TPS)has been extended for 18 months through September 17, 2009, from its current expiration date of March 17, 2008. This Notice also sets forth procedures necessary for nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) with TPS to re-register and to apply for an extension of their employment authorization documents

(EADs)for the additional 18-month period. Re-registration is limited to persons who have previously registered for TPS under the designation of Somalia and whose applications have been granted or remain pending. Certain nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) who have not previously applied for TPS may be eligible to apply under the late initial registration provisions. Given the timeframes involved with processing TPS re-registration applications, the Department of Homeland Security

(DHS)recognizes the possibility that re-registrants may not receive a new EAD until after their current EAD expires on March 17, 2008. Accordingly, this Notice automatically extends the validity of EADs issued under the TPS designation of Somalia for 6 months, through September 17, 2008 and explains how TPS beneficiaries and their employers may determine which EADs are automatically extended. DHS will issue new EADs with the September 17, 2009 expiration date to eligible TPS beneficiaries who timely re-register and apply for an EAD. DATES: The extension of the TPS designation of Somalia is effective March 18, 2008 and will remain in effect through September 17, 2009. The 60-day re-registration period begins March 12, 2008 and will remain in effect until May 12, 2008. To facilitate processing of applications, applicants are strongly encouraged to file as soon as possible after the start of the 60-day re-registration period beginning on March 12, 2008. FOR FURTHER INFORMATION CONTACT: Shelly Sweeney, Status and Family Branch, Office of Service Center Operations, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue, NW., 2nd Floor, Washington, DC 20529, telephone

(202)272-1533. This is not a toll-free call. Further information will also be available at local USCIS offices upon publication of this Notice and on the USCIS Web site at *http://www.uscis.gov.* Note: The phone number provided here is solely for questions regarding this Notice and the information contained herein. It is not for individual case status inquiries. Applicants seeking information about the status of their individual case can check Case Status Online available at the USCIS Web site listed above, or applicants may call the USCIS National Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833). SUPPLEMENTARY INFORMATION: Abbreviations and Terms Used in This Document Act—Immigration and Nationality Act ASC—USCIS Application Support Center DHS—Department of Homeland Security DOS—Department of State EAD—Employment Authorization Document Secretary—Secretary of Homeland Security TPS—Temporary Protected Status USCIS—U.S. Citizenship and Immigration Services What Authority Does the Secretary of Homeland Security Have To Extend the Designation of Somalia for TPS? Section 244(b)(1) of the Immigration and Nationality Act (Act), 8 U.S.C. 1254a(b)(1), authorizes the Secretary of Homeland Security (Secretary), after consultation with appropriate agencies of the Government, to designate a foreign State (or part thereof) for TPS. The Secretary may then grant TPS to eligible nationals of that foreign State (or aliens having no nationality who last habitually resided in that State). 8 U.S.C. 1254a(a)(1)(A). At least 60 days before the expiration of the TPS designation, or any extension thereof, the Secretary, after consultations with appropriate agencies of the Government, must review the conditions in a foreign State designated for TPS to determine whether the conditions for the TPS designation continue to be met and, if so, the length of an extension of the TPS designation. 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary determines that the foreign State no longer meets the conditions for the TPS designation, he must terminate the designation. 8 U.S.C. 1254a(b)(3)(B). Why Did the Secretary Decide To Extend the TPS Designation of Somalia? On September 16, 1991, the Attorney General published a notice in the **Federal Register** , at 56 FR 46804, designating Somalia for TPS due to on-going armed conflict and extraordinary and temporary conditions within the country. Subsequent to that date, the Attorney General extended TPS for Somalia nine times, determining in each instance that the conditions warranting the designation continued to be met. 57 FR 32232 (July 21, 1992); 58 FR 48898 (Sept. 20, 1993); 59 FR 43359 (Aug. 23, 1994); 60 FR 39005 (July 31, 1995); 61 FR 39472 (July 29, 1996); 62 FR 41421 (Aug. 1, 1997); 63 FR 51602 (Sept. 28, 1998); 64 FR 49511 (Sept. 13, 1999); 65 FR 69789 (Nov. 20, 2000). On September 4, 2001, the Attorney General re-designated TPS for Somalia by publishing a notice in the **Federal Register** at 66 FR 46288. Since that date, the Attorney General and the Secretary of Homeland Security have extended the TPS designation of Somalia five times based on determinations that the conditions warranting the designation continued to be met. 67 FR 48950 (July 26, 2002); 68 FR 43147 (July 21, 2003); 69 FR 47937 (Aug. 6, 2004); 70 FR 43895 (July 29, 2005); 71 FR 42653 (July 27, 2006). The most recent extension became effective on September 17, 2006, and is due to expire on March 17, 2008. *See* 71 FR 42658. Over the past year, DHS and the Department of State

(DOS)have continued to review conditions in Somalia. Based on this review, DHS has determined that an 18-month extension is warranted, because the armed conflict is ongoing, and the extraordinary and temporary conditions that prompted the September 2001 re-designation persist. The situation in Somalia has continued to deteriorate since the last extension of TPS. It has been estimated that there are 3,000 combatants fighting against the Transitional Federal Government

(TFG)in Mogadishu and 50,000 to 70,000 clan militia operating in Somalia. Between February and April 2007, approximately 1,000 individuals were killed, and 400,000 individuals were displaced by fighting. Over 60% of those killed were elderly, women, and children. In April 2007, clashes erupted between Puntland and Somaliland, which had been previously considered relatively stable regions in Somalia. Furthermore, two events in May 2007 put humanitarian workers' safety into question: First, a non-governmental organization

(NGO)convoy was attacked in Buloburti, and second, two CARE International staff members returning from Puntland were kidnapped. These two incidents provide additional evidence of the instability of conditions in Somalia at this time. Between June and August 2007, an additional 50,000 individuals were displaced from Mogadishu. There has been an increase in the use of roadside bombs, vehicle-borne explosives, and suicide bombing by insurgent forces. Although a six-week national reconciliation conference was held in July and August 2007, the Union of Islamic Courts and leaders of the Hawiye clan (which is the dominant clan in Mogadishu) did not participate. As such, the conflict in Somalia is unlikely to end in the near future. Based upon this review, the Secretary has determined, after consultation with the appropriate Government agencies, that the conditions that prompted the designation of Somalia for TPS continue to be met. *See* 8 U.S.C. 1254a(b)(3)(A). There is an ongoing armed conflict and extraordinary and temporary conditions in Somalia that prevent aliens who are nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) from returning in safety. The Secretary also finds that it is not contrary to the national interest of the United States to permit aliens who meet the eligibility requirements of TPS to remain in the United States temporarily. *See* 8 U.S.C. 1254a(b)(1)(C). On the basis of these findings and determinations, the Secretary concludes that the designation of Somalia for TPS should be extended for an additional 18-month period. *See* 8 U.S.C. 1254a(b)(3)(C). There are approximately 300 nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) who are eligible for TPS under this designation. Notice of Extension of the TPS Designation of Somalia By the authority vested in me as Secretary of Homeland Security under section 244 of the Act, 8 U.S.C. 1254a, I have determined, after consultation with the appropriate Government agencies, that the conditions that prompted re-designation of Somalia for temporary protected status

(TPS)on September 4, 2001, continue to be met. *See* 8 U.S.C. 1254a(b)(3)(A). Accordingly, I am extending the TPS designation of Somalia for 18 months from March 18, 2008 through September 17, 2009. To maintain TPS, a national of Somalia (or an alien having no nationality who last habitually resided in Somalia) who was granted TPS and who has not had TPS withdrawn must re-register for TPS during the 60-day re-registration period from March 12, 2008 until May 12, 2008. To re-register, aliens must follow the filing procedures set forth in this Notice. For instructions on this extension, please refer to the following attachments, which include filing and eligibility requirements for TPS and EADs. Information concerning the extension of the designation of Somalia for TPS also will be available at local USCIS offices upon publication of this Notice and on the USCIS Web site at *http://www.uscis.gov.* Dated: February 25, 2008. Michael Chertoff, Secretary. Temporary Protected Status Filing Requirements Do I Need To Re-Register for TPS If I Currently Have Benefits Through the Designation of Somalia for TPS, and Would Like To Maintain Them? Yes. If you already have received TPS benefits through the TPS designation of Somalia, your benefits will expire on March 17, 2008. All TPS beneficiaries must comply with the re-registration requirements described in this Notice in order to maintain TPS benefits through September 17, 2009. TPS benefits include temporary protection against removal from the United States and employment authorization during the TPS designation period. 8 U.S.C. 1254a(a)(1). Failure to re-register without good cause will result in the withdrawal of your temporary protected status and possibly your removal from the United States. 8 U.S.C. 1254a(c)(3)(C). If I Am Currently Registered for TPS or Have a Pending Application for TPS, How Do I Re-Register To Renew My Benefits for the Duration of the Extension Period? Please submit the proper forms and fees according to Table 1 below. All applicants are strongly encouraged to pay close and careful attention when filling out the required forms to help ensure that their dates of birth, alien registration numbers, spelling of their names, and other required information is correctly entered on the forms. Aliens who have previously registered for TPS, but whose applications remain pending, should follow these instructions if they wish to renew their TPS benefits. All TPS re-registration applications submitted without the required fees will be returned to the applicant. All fee waiver requests should be filed in accordance with 8 CFR 244.20. If you received an EAD during the most recent registration period, please submit a photocopy of the front and back of your EAD. Table 1.—Application Forms and Application Fees If And Then You are re-registering for TPS You are applying for an extension of your EAD valid through September 17, 2009 You must complete and file the Form I-765, Application for Employment Authorization, with the fee of $340 or a fee waiver request. You must also submit Form I-821, Application for Temporary Protected Status, with no fee. You are re-registering for TPS You are NOT applying for renewal of your EAD You must complete and file the Form I-765 with no fee and Form I-821 with no fee. Note: DO NOT check any box for the question “I am applying for” listed on Form I-765, as you are NOT requesting an EAD benefit. You are applying for TPS as a late initial registrant and you are between the ages of 14 and 65 (inclusive) You are applying for a TPS-related EAD You must complete and file Form I-821 with the $50 fee or fee waiver request and Form I-765 with the fee of $340 or a fee waiver request. You are applying for TPS as a late initial registrant and are under age 14 or over age 65 You are applying for a TPS-related EAD You must complete and file Form I-821 with the $50 fee or fee waiver request. You must also submit Form I-765 with no fee. You are applying for TPS as a late initial registrant, regardless of age You are NOT applying for an EAD You must complete and file Form I-821 with the $50 fee or fee waiver request and Form I-765 with no fee. Your previous TPS application is still pending You are applying to renew your temporary treatment benefits (i.e., an EAD with category “C-19” on its face) You must complete and file the Form I-765 with the fee of $340 or a fee waiver request. You must also submit Form I-821, Application for Temporary Protected Status, with no fee. Certain applicants must also submit a Biometric Service Fee (See Table 2). Table 2.—Biometric Service Fee If And Then You are 14 years of age or older 1. You are re-registering for TPS, or You must submit a Biometric Service fee of $80 or a fee waiver request. 2. You are applying for TPS under the late initial registration provisions, or 3. Your TPS application is still pending and you are applying to renew temporary treatment benefits (i.e., EAD with category “C-19” on its face) You are younger than 14 years of age You are applying for an EAD You must submit a Biometric Service fee of $80 or a fee waiver request. You are younger than 14 years of age You are NOT applying for an EAD You do NOT need to submit a Biometric Service fee. What Edition of the Form I-821 Should I Submit? Only the edition of Form I-821 dated November 5, 2004 or later will be accepted. The revision date can be found in the bottom right corner of the form. The proper form can be found on the Internet at *http://www.uscis.gov* or by calling the USCIS forms hotline at 1-800-870-3676. Where Should I Submit my Application for TPS? Mail your application for TPS to the following address: U.S. Citizenship and Immigration Services, Attn: TPS Somalia, P.O. Box 8677, Chicago, IL 60680-8677. Or, for non-U.S. Postal Service deliveries, mail your application to: U.S. Citizenship and Immigration Services, Attn: TPS Somalia, 427 S. LaSalle-3rd Floor, Chicago, IL 60605-1029. How Will I Know If I Need to Submit Supporting Documentation With My Application Package? See Table 4 below to determine if you need to submit supporting documentation. Table 4.—Who Should Submit Supporting Documentation? If Then One or more of the questions listed in Part 4, Question 2 of Form I-821 applies to you You must submit an explanation, on a separate sheet(s) of paper, and/or additional documentation must be provided. You were granted TPS by an Immigration Judge or the Board of Immigration Appeals You must include evidence of the grant of TPS (such as an order from the Immigration Judge) with your application package. Can I File My Application Electronically? If you are filing for re-registration and *do not* need to submit supporting documentation with your application, you may file your application electronically. To file your application electronically, follow directions on the USCIS Web site at: *http://www.uscis.gov.* What Is Late Initial Registration? Some persons may be eligible for late initial registration under 8 CFR 244.2. In order to be eligible for late initial registration, an applicant must:

(1)Be a national of Somalia (or an alien who has no nationality and who last habitually resided in Somalia);

(2)Have continuously resided in the United States since September 4, 2001;

(3)Have been continuously physically present in the United States since September 4, 2001; and

(4)Be both admissible as an immigrant, except as provided under section 244(c)(2)(A) of the Immigration and Nationality Act (Act), and not ineligible under section 244(c)(2)(B) of the Act. Additionally, the applicant must be able to demonstrate that, during the initial registration period (from September 4, 2001 to December 3, 2001), he or she:

(1)Was a nonimmigrant or had been granted voluntary departure status or any relief from removal;

(2)Had an application for change of status, adjustment of status, asylum, voluntary departure, or any relief from removal or change of status pending or subject to further review or appeal;

(3)Was a parolee or had a pending request for reparole; or

(4)Is the spouse or child of an alien currently eligible to be a TPS registrant. An applicant for late initial registration must file an application for late registration no later than 60 days after the expiration or termination of the conditions described above. 8 CFR 244.2(g). All late initial registration applications for TPS, pursuant to the designation of Somalia, should be submitted to the appropriate address in Chicago, Illinois as defined in Table 3. Are Certain Aliens Ineligible for TPS? Yes. There are certain criminal and terrorism-related inadmissibility grounds that render an alien ineligible for TPS. *See* 8 U.S.C. 1254a(c)(2)(A)(iii). Further, aliens who have been convicted of any felony or two or more misdemeanors committed in the United States are ineligible for TPS under section 244(c)(2)(B)(i) of the Act, 8 U.S.C. 1254a(c)(2)(B)(i), as are aliens described in the bars to asylum in section 208(b)(2)(A) of the Act, 8 U.S.C. 1158(b)(2)(A). *See* 8 U.S.C. 1254a(c)(2)(B)(ii). If I Currently Have TPS, Can I Lose my TPS Benefits? An individual granted TPS will have his or her TPS withdrawn if the alien is not in fact eligible for TPS, if the alien fails to timely re-register for TPS without good cause, or if the alien fails to maintain continuous physical presence in the United States. *See* 8 U.S.C. 1254a(c)(3)(A)-(C). Does TPS Lead to Lawful Permanent Residence? No. TPS is a temporary benefit that does not lead to lawful permanent residence or confer any other immigration status. 8 U.S.C. 1254a, (f)(1), and (h). When a country's TPS designation is terminated, TPS beneficiaries will maintain the same immigration status that they held prior to TPS (unless that status has since expired or been terminated), or any other status they may have acquired while registered for TPS. Accordingly, if an alien held no lawful immigration status prior to being granted TPS and did not obtain any other status during the TPS period, he or she will revert to unlawful status upon the termination of the TPS designation. Once the Secretary determines that a TPS designation should be terminated, aliens who had TPS under that designation, and who do not hold any other lawful immigration status, are expected to plan for their departure from the United States. May I Apply for Another Immigration Benefit While Registered for TPS? Yes. Registration for TPS does not prevent you from applying for non-immigrant status, filing for adjustment of status based on an immigrant petition, or applying for any other immigration benefit or protection. 8 U.S.C. 1254a(a)(5). For the purposes of change of status and adjustment of status, an alien is considered to be in, and maintaining, lawful status as a nonimmigrant during the period in which the alien is granted TPS. *See* 8 U.S.C. 1254a(f)(4). How Does an Application for TPS Affect my Application for Asylum or Other Immigration Benefits? An application for TPS does not affect an application for asylum or any other immigration benefit. Denial of an application for asylum or any other immigration benefit does not affect an applicant's TPS eligibility, although the grounds for denying one form of relief may also be grounds for denying TPS. For example, a person who has been convicted of a particularly serious crime is not eligible for asylum or TPS. *See* 8 U.S.C. 1158(b)(2)(A)(ii) and 8 U.S.C. 1254a(c)(2)(B)(ii). Does This Extension Allow Nationals of Somalia (Or Aliens Having no Nationality Who Last Habitually Resided in Somalia) Who Entered the United States After September 4, 2001, To File for TPS? No. An extension of a TPS designation does not change the required dates of continuous residence and continuous physical presence in the United States. This extension does not expand TPS eligibility to those that are not eligible currently. To be eligible for benefits under this extension, nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) must have continuously resided and have been continuously physically present in the United States since September 4, 2001. Employment Authorization Document Automatic Extension Guidelines Who is Eligible To Receive an Automatic Extension of His or Her EAD From March 17, 2008 to September 17, 2008? To receive an automatic extension of an EAD, an individual must be a national of Somalia (or an alien having no nationality who last habitually resided in Somalia) who has applied for and received an EAD under the designation of Somalia for TPS and who has not had TPS withdrawn or denied. This automatic extension is limited to EADs issued on Form I-766, Employment Authorization Document, bearing an expiration date of March 17, 2008. These EADs must also bear the notation “A-12” or “C-19” on the face of the card under “Category.” If I Am Currently Registered Under the Designation of Somalia for TPS and Am Re-Registering for TPS, How Do I Receive an Extension of my EAD After the Automatic Six-Month Extension? TPS re-registrants will receive a notice in the mail with instructions as to whether or not they will be required to appear at a USCIS Application Support Center

(ASC)for biometrics collection. To increase efficiency and improve customer service, whenever possible USCIS will reuse previously-captured biometrics and conduct the security checks using those biometrics, such that you may not be required to appear at an ASC. Regardless of whether you are required to appear at an ASC, you are required to pay the biometrics fee or submit a fee waiver request during this re-registration. The fee will cover the USCIS costs associated with the use of the collected biometrics for FBI and other background checks. In addition, the fee helps pay for the costs of electronic storage of an applicants' biometrics, maintenance of the systems and technology for storing and utilizing the fingerprints, and for paying costs associated with requesting the FBI's reports to USCIS, among other biometrics-related procedures. USCIS fees fund the cost of processing applications and petitions for immigration benefits and services, and USCIS' associated operating costs. See section 286(m) of the Act, 8 U.S.C. 1356(m) (allowing for full recovery of costs of providing adjudication and naturalization services); 8 CFR 103.7. If you are required to report to an ASC, you must bring the following documents:

(1)Your receipt notice for your re-registration application;

(2)your ASC appointment notice; and

(3)your current EAD. If no further action is required for your case, you will receive a new EAD by mail valid through September 17, 2009. If your case requires further resolution, USCIS will contact you in writing to explain what additional information, if any, is necessary to resolve your case. Once your case is resolved and if your application is approved, you will receive a new EAD in the mail with an expiration date of September 17, 2009. May I Request an Interim EAD at my Local District Office? No. USCIS will not issue interim EADs to TPS applicants and re-registrants at District Offices. How may Employers Determine Whether an EAD Has Been Automatically Extended for Six Months Through September 17, 2008 and Is Therefore Acceptable for Completion of the Form I-9, Employment Eligibility Verification? An EAD that has been automatically extended for six months by this Notice through September 17, 2008 will be a Form I-766 bearing the notation “A-12” or “C-19” on the face of the card under “Category,” and have an expiration date of March 17, 2008, on the face of the card. New EADs or extension stickers showing the September 17, 2008, expiration date of the six-month automatic extension will not be issued. Employers should not request proof of Somali citizenship. Employers should accept an EAD as a valid “List A” document and not ask for additional Form I-9 documentation if presented with an EAD that has been extended pursuant to this **Federal Register** Notice, and the EAD reasonably appears on its face to be genuine and to relate to the employee. This extension does not affect the right of an applicant for employment or an employee to present any legally acceptable document as proof of identity and eligibility for employment. Note to Employers Employers are reminded that the laws requiring employment eligibility verification and prohibiting unfair immigration-related employment practices remain in full force. This Notice does not supersede or in any way limit applicable employment verification rules and policy guidance, including those setting forth re-verification requirements. For questions, employers may call the USCIS Customer Assistance Office at 1-800-357-2099. Also, employers may call the U.S. Department of Justice Office of Special Counsel for Immigration Related Unfair Employment Practices

(OSC)Employer Hotline at 1-800-255-8155. Employees or applicants may call the OSC Employee Hotline at 1-800-255-7688 for information regarding the automatic extension. Additional information is available on the OSC Web site at *http://www.usdoj.gov/crt/osc/index.html.* How May Employers Determine an Employee's Eligibility for Employment Once the Automatic Six-Month Extension Expires on September 17, 2008? Eligible TPS aliens will possess an EAD with an expiration date of September 17, 2009. The EAD will be a Form I-766 bearing the notation “A-12” or “C-19” on the face of the card under “Category,” and should be accepted for the purposes of verifying identity and employment authorization. What Documents May a Qualified Individual Show to His or Her Employer as Proof of Employment Authorization and Identity When Completing Form I-9? During the first six months of this extension, qualified individuals who have received a six-month automatic extension of their EADs by virtue of this **Federal Register** Notice may present their TPS-based EAD to their employer, as described above, as proof of identity and employment authorization through September 17, 2008. To minimize confusion over this extension at the time of hire or re-verification, qualified individuals may also present a copy of this **Federal Register** Notice regarding the automatic extension of employment authorization documentation through September 17, 2008. After September 17, 2008, a qualified individual may present a new EAD valid through September 17, 2009. In the alternative, any legally acceptable document or combination of documents as listed on the Form I-9 may be presented as proof of identity and employment eligibility. [FR Doc. E8-4898 Filed 3-11-08; 8:45 am] BILLING CODE 4410-10-P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 332-498 and Chile FTA-103-020] Certain Vegetables and Grape Juice: Probable Economic Effect of Accelerated Tariff Elimination for Certain Goods of Chile AGENCY: United States International Trade Commission. ACTION: Institution of investigation and request for written submissions. SUMMARY: Following receipt of a request on February 11, 2008, from the United States Trade Representative (USTR), as amended by a letter received on February 22, 2008, for an investigation and advice pursuant to section 332(g) of the Tariff Act of 1930 (19 U.S.C. (332(g)) and in accordance with section 103 of the U.S.-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note), the Commission instituted Investigation No. 332-498 and Chile FTA-103-020, *Certain Vegetables and Grape Juice: Probable Economic Effect of Accelerated Tariff Elimination for Certain Goods of Chile* . DATES: February 11, 2008: Date of receipt of request, amended by letter received February 22, 2008. March 7, 2008: Date of institution of investigation. April 4, 2008: Deadline for written statements. May 22, 2008: Transmittal of report to the USTR. ADDRESSES: All Commission offices, including the Commission's hearing rooms, are located in the United States International Trade Commission Building, 500 E Street, SW., Washington, DC. All written submissions and statements should be addressed to the Secretary, United States International Trade Commission, 500 E Street, SW., Washington, DC 20436. FOR FURTHER INFORMATION CONTACT: Information may be obtained from Timothy McCarty, (202-205-3324 or *timothy.mccarty@usitc.gov* ); for information on the legal aspects, contact William Gearhart of the Commission's Office of the General Counsel (202-205-3091 or *william.gearhart@usitc.gov* ). The media should contact Margaret O'Laughlin, Office of External Relations (202-205-1819 or *margaret.olaughlin@usitc.gov* ). Hearing impaired individuals are advised that information on this matter can be obtained by contacting the TDD terminal on (202-205-1810). General information concerning the Commission may also be obtained by accessing its internet server ( *http://www.usitc.gov* ). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS-ONLINE) at *http://www.usitc.gov/secretary/edis.htm* . Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. SUPPLEMENTARY INFORMATION: According to the USTR's letter and annex thereto, the President may accelerate the elimination of duties under the United States-Chile Free Trade Agreement (U.S.-Chile FTA) on certain vegetables and grape juice that are qualifying goods of Chile and classified in the tariff items listed below. Duties on these goods would be eliminated on or about January 1, 2009. Section 201(b) of the U.S.-Chile Free Trade Agreement Implementation Act

(Act)authorizes the President, subject to the consultation and layover requirements in section 103 of the Act, to proclaim such modifications as the United States may agree to with Chile regarding the staging of any duty treatment set forth in Annex 3.3 of the U.S.-Chile FTA. Section 103 of the Act requires the President to obtain advice regarding the proposed action from the Commission. The USTR requested that the Commission provide advice as to the probable economic effect of eliminating the U.S. tariff under the U.S.-Chile FTA on domestic industries producing like or directly competitive articles, workers in these industries, and on consumers of the affected goods, on the articles provided for in the following Harmonized Tariff Schedule subheadings:

(1)0710.22.40 (beans, reduced in size);

(2)0710.30.00 (spinach, New Zealand spinach, and orache spinach);

(3)0710.40.00 (sweet corn);

(4)0710.80.97 (vegetables, nesi, uncooked or cooked by steaming or boiling in water, frozen, reduced in size);

(5)0710.90.91 (mixtures of vegetables, nesi, uncooked or cooked by steaming or boiling in water, frozen);

(6)2005.99.80 (artichokes); and

(7)2009.69.00 (grape juice including grape must, other). As requested, the Commission will provide its advice to the USTR by May 22, 2008. USTR requested that the Commission mark as “confidential” those portions of its report and working papers that contain the Commission's probable economic effect advice. The USTR requested that the Commission, as soon as possible after May 22, issue a public version of its report with portions classified as “confidential” and any confidential business information deleted. *Written Submissions* : In lieu of a public hearing, interested parties are invited to submit written statements concerning the matters to be addressed by the Commission in this investigation. Submissions should be addressed to the Secretary, United States International Trade Commission, 500 E Street, SW., Washington, DC 20436. To be assured of consideration by the Commission, written statements should be submitted to the Commission at the earliest practical date and should be received no later than the close of business on April 4, 2008. All written submissions must conform with the provisions of section 201.8 of the Commission's Rules of Practice and Procedure (19 CFR 201.8). Section 201.8 of the rules requires that a signed original (or copy designated as an original) and fourteen

(14)copies of each document be filed. In the event that confidential treatment of the document is requested, at least four

(4)additional copies must be filed, from which the confidential business information must be deleted (see the following paragraph for further information regarding confidential business information). The Commission's rules authorize filing submissions with the Secretary by facsimile or electronic means only to the extent permitted by section 201.8 of the rules (see Handbook for Electronic Filing Procedures, *http://www.usitc.gov/secretary/fed_reg_notices/rules/documents/handbook_on_electronic_filing.pdf* ). Persons with questions regarding electronic filing should contact the Secretary (202-205-2000 or *edis@usitc.gov* ). Any submissions that contain confidential business information must also conform with the requirements of section 201.6 of the *Commission's Rules of Practice and Procedure* (19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the “confidential” or “nonconfidential” version, and that the confidential business information be clearly identified by means of brackets. All written submissions, except for confidential business information, will be made available in the Office of the Secretary to the Commission for inspection by interested parties. The Commission may include some or all of the confidential business information submitted in the course of this investigation in the report it sends to the USTR and the President. However, the Commission will not publish such confidential business information in the public version of its report in a manner that would reveal the operations of the firm supplying the information. Issued: March 7, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-4877 Filed 3-11-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-1145 (Preliminary)] Certain Steel Threaded Rod From China AGENCY: United States International Trade Commission. ACTION: Institution of antidumping duty investigation and scheduling of a preliminary phase investigation. SUMMARY: The Commission hereby gives notice of the institution of an investigation and commencement of preliminary phase antidumping duty investigation No. 731-TA-1145 (Preliminary) under section 733(a) (19 U.S.C. 1673b(a)) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports from China of certain steel threaded rod provided for in statistical reporting number 7318.15.5060 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce extends the time for initiation pursuant to section 732(c)(1)(B) of the Act (19 U.S.C. 1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping duty investigations in 45 days, or in this case by April 21, 2008. The Commission's views are due at Commerce within five business days thereafter, or by April 28, 2008. For further information concerning the conduct of this investigation and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). EFFECTIVE DATE: March 5, 2008. FOR FURTHER INFORMATION CONTACT: Jim McClure (202-205-3191), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). The public record for this investigation may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov* . SUPPLEMENTARY INFORMATION: *Background* .—This investigation is being instituted in response to a petition filed on March 5, 2008, by Vulcan Threaded Products, Inc., Pelham, AL. *Participation in the investigation and public service list* .—Persons (other than petitioners) wishing to participate in the investigation as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission's rules, not later than seven days after publication of this notice in the **Federal Register** . Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to this investigation upon the expiration of the period for filing entries of appearance. *Limited disclosure of business proprietary information

(BPI)under an administrative protective order

(APO)and BPI service list* .—Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in this investigation available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigation under the APO issued in the investigation, provided that the application is made not later than seven days after the publication of this notice in the **Federal Register** . A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. *Conference* .—The Commission's Director of Operations has scheduled a conference in connection with this investigation for 9:30 a.m. on March 26, 2008, at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC. Parties wishing to participate in the conference should contact Jim McClure (202-205-3191) not later than March 21, 2008, to arrange for their appearance. Parties in support of the imposition of antidumping duties in this investigation and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the conference. *Written submissions* .—As provided in sections 201.8 and 207.15 of the Commission's rules, any person may submit to the Commission on or before March 31, 2008, a written brief containing information and arguments pertinent to the subject matter of the investigation. Parties may file written testimony in connection with their presentation at the conference no later than three days before the conference. If briefs or written testimony contain BPI, they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II

(C)of the Commission's Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigation must be served on all other parties to the investigation (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: This investigation is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission's rules. By order of the Commission. Issued: March 6, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-4832 Filed 3-11-08; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act Notice is hereby given that on March 4, 2008, a proposed Consent Decree in *United States* v. *Riverside Cement Company,* Civil Action No. CV 08-01284 ABC (JCRx), was lodged with the United States District Court for the Central District of California. The proposed Consent Decree resolves the United States' claims against Riverside Cement Company (“RCC”) under Section 113(b) of the Clean Air Act (“CAA”), 42 U.S.C. 7413(b), for alleged violations of the Clean Air Act and the federally approved California State Implementation Plan (“SIP”), including Mohave Desert Air Quality Management District Rule 1161 (“Rule 1161”), at a portland cement manufacturing facility owned and operated by RCC in Oro Grande, California (“Facility”). The Consent Decree requires RCC to pay a civil penalty of $394,000, plus interest accruing thereon from the date of lodging, and requires RCC to shut down its older cement kilns (kilns 1-7) by no later than August 31, 2008 or 120 days after its new cement kiln reaches 90 percent of its operating capacity, whichever is earlier; to comply with enhanced baghouse inspection requirements until the older kilns are shut down; and to comply with the Portland Cement NESHAP, Rule 1161, and its Title V operating permit. The Department of Justice will receive, for a period of thirty

(30)days from the date of this publication, comments relating to the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to *pubcomment-ees.enrd@usdoj.gov* or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should refer to *United States* v. *Riverside Cement Company.,* D.J. Ref. 90-5-2-1-09021. The proposed Consent Decree may be examined at the Office of the United States Attorney, 300 North Los Angeles Street, Los Angeles, CA 90012, and at U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105. During the public comment period, the proposed Consent Decree may also be examined on the following Department of Justice Web site: *http://www.usdoj.gov/enrd/Consent_Decrees.html* . A copy of the proposed Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood ( *tonia.fleetwood@usdoj.gov* ), fax number

(202)514-0097, phone confirmation number

(202)514-1547. When requesting a copy from the Consent Decree Library, please enclose a check in the amount of $7.50 for the Consent Decree (25 cents per page reproduction cost), payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Henry S. Friedman, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8-4884 Filed 3-11-08; 8:45 am] BILLING CODE 4410-15-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review; Comment Request March 6, 2008. The Department of Labor

(DOL)hereby announces the submission of the following public information collection requests

(ICR)to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of each ICR, with applicable supporting documentation; including among other things a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site at *http://www.reginfo.gov/public/do/PRAMain* or by contacting Darrin King on 202-693-4129 (this is not a toll-free number)/e-mail: *king.darrin@dol.gov* . Interested parties are encouraged to send comments to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Employee Benefits Security Administration (EBSA), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-7316/Fax: 202-395-6974 (these are not toll-free numbers), E-mail: *OIRA_submission@omb.eop.gov* within 30 days from the date of this publication in the **Federal Register** . In order to ensure the appropriate consideration, comments should reference the OMB Control Number (see below). The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Agency:* Employee Benefits Security Administration. *Type of Review:* Extension without change of currently approved collection. *Title:* Class Exemption 77-4 for Certain Transactions Between Investment Companies and Employee Benefit Plans. *OMB Number:* 1210-0049. *Affected Public:* Private Sector: Business or other for-profits. *Total Estimated Number of Respondents:* 900. *Total Estimated Annual Burden Hours:* 10,301. *Total Estimated Annual Costs Burden:* $167,000. *Description:* Prohibited Transaction Class Exemption 77-4 permits an employee benefit plan to purchase and sell shares of an open-end investment company (mutual fund) when a fiduciary with respect to the plan is also the investment advisor for the mutual fund. Without the exemption, certain aspects of these transactions might be prohibited by sections 406 and 407(a) of the Employee Retirement Income Security Act of 1974. The third-party disclosure requirements contained in the Exemption are designed to help protect the interests of plan participants and beneficiaries from potential abuse when a fiduciary exercises the Exemption. For additional information, see related notice published at 72 FR 72762 on December 21, 2007. *Agency:* Employee Benefits Security Administration. *Type of Review:* Extension without change of currently approved collection. *Title:* Class Exemption 81-8 for Investment of Plan Assets in Certain Types of Short-Term Investments. *OMB Number:* 1210-0061. *Affected Public:* Private Sector: Business or other for-profits. *Total Estimated Number of Respondents:* 50,000. *Total Estimated Annual Burden Hours:* 41,700. *Total Estimated Annual Costs Burden:* $102,500. *Description:* Prohibited Transaction Class Exemption 81-8 permits the investment of plan assets that involve the purchase or other acquisition, holding, sale, exchange or redemption by or on behalf of an employee benefit plan of certain types of short-term investments. Without the exemption, certain aspects of these transactions might be prohibited by section 406 of the Employee Retirement Income Security Act of 1974. The third-party disclosure and recordkeeping requirements contained in the Exemption are designed to help protect the interests of plan participants and beneficiaries from potential abuse when a fiduciary exercises the Exemption. For additional information, see related notice published at 72 FR 72763 on December 21, 2007. *Agency:* Employee Benefits Security Administration. *Type of Review:* Extension without change of currently approved collection. *Title:* Delinquent Filer Voluntary Compliance Program. *OMB Number:* 1210-0089. *Affected Public:* Private Sector: Business or other for-profits. *Total Estimated Number of Respondents:* 15,000. *Total Estimated Annual Burden Hours:* 750. *Total Estimated Annual Costs Burden:* $608,250. *Description:* The Delinquent Filer Voluntary Compliance Program is intended to encourage, through the assessment of reduced civil penalties, delinquent plan administrators to voluntarily comply with their annual reporting obligations under Title I of Employee Retirement Income Security Act of 1974. For additional information, see related notice published at 72 FR 72761 on December 21, 2007. *Agency:* Employee Benefits Security Administration. *Type of Review:* Extension without change of currently approved collection. *Title:* Prohibited Transaction Class Exemption 96-62, Process for Expedited Approval of an Exemption for Prohibited Transaction. *OMB Number:* 1210-0098. *Affected Public:* Private Sector: Business or other for-profits. *Total Estimated Number of Respondents:* 50. *Total Estimated Annual Burden Hours:* 62. *Total Estimated Annual Costs Burden:* $67,675. *Description:* Prohibited Transaction Class Exemption 96-62 permits a plan to seek approval on an accelerated basis of otherwise prohibited transactions under sections 406 and 407(a) of the Employee Retirement Income Security Act of 1974 by providing the Department and interested persons with information demonstrating the transaction is substantially similar to at least two individual exemptions previously granted and presents little, if any, opportunity for abuse or risk of loss to a plans' participants and beneficiaries. The third-party disclosure and reporting requirements contained in the Exemption are designed to help protect the interests of plan participants and beneficiaries from potential abuse when a fiduciary exercises the Exemption. For additional information, see related notice published at 72 FR 72764 on December 21, 2007. *Agency:* Employee Benefits Security Administration. *Type of Review:* Extension without change of currently approved collection. *Title:* PTE 98-54 Relating to Certain Employee Benefit Plan Foreign Exchange Transactions Executed Pursuant to Standing Instructions. *OMB Number:* 1210-0111. *Affected Public:* Private Sector: Business or other for-profits. *Total Estimated Number of Respondents:* 35. *Total Estimated Annual Burden Hours:* 4,200. *Total Estimated Annual Costs Burden:* $0. *Description:* Prohibited Transaction Class Exemption 98-54 permits certain foreign exchange transactions between employee benefit plans and certain banks and broker-dealers which are parties in interest with respect to such plans, pursuant to standing instructions. Without the exemption, certain aspects of these transactions might be prohibited by section 406 of the Employee Retirement Income Security Act of 1974. The third-party disclosure requirements contained in the Exemption are designed to help protect the interests of plan participants and beneficiaries from potential abuse when a fiduciary exercises the Exemption. For additional information, see related notice published at 72 FR 72765 on December 21, 2007. Darrin A. King, Acting Departmental Clearance Officer. [FR Doc. E8-4885 Filed 3-11-08; 8:45 am] BILLING CODE 4510-29-P DEPARTMENT OF LABOR Occupational Safety and Health Administration Maritime Advisory Committee for Occupational Safety and Health; Notice of Meeting Postponement AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Meeting postponement for the Maritime Advisory Committee for Occupational Safety and Health (MACOSH) and its workgroups. SUMMARY: OSHA is postponing the MACOSH meeting and the workgroup meetings originally scheduled for March 18-20, 2008, at the Wyndham Greenspoint Hotel, 12400 Greenspoint Drive, Houston, TX 77060. OSHA is planning to hold another MACOSH meeting in the coming months and will publish a notice of the rescheduled meeting in the **Federal Register** when arrangements for that meeting are completed. FOR FURTHER INFORMATION CONTACT: For general information about the postponement of the MACOSH meeting, contact: Dorothy Dougherty, Director, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; Phone:

(202)693-2086; Fax:

(202)693-1663. Authority: Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice under the authority granted by Sections 6(b)(1) and 7(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655, 656), the Federal Advisory Committee Act (5 U.S.C. App. 2), Secretary of Labor's Order 5-2007 (72 FR 31159), and 29 CFR part 1912. Signed at Washington, DC on March 6, 2008. Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E8-4881 Filed 3-11-08; 8:45 am] BILLING CODE 4510-26-P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-315 and 50-316] Indiana Michigan Power Company; Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of a amendments to Facility Operating License Nos. DPR-58 and DPR-74 issued to Indiana Michigan Power Company (the licensee) for operation of the Donald C. Cook Nuclear Plant, Units 1 and 2, located in Berrien County, Michigan. The proposed amendment would revise the licensing basis for ice condenser ice fusion time following normal maintenance of a portion of the ice baskets. Specifically, the licensee proposed to revise the Updated Final Safety Analysis Report to allow plant operation during the 5-week period following ice basket maintenance based on conservatisms in the original ice basket seismic testing, practical experience with ice fusion gained through decades of ice condenser operation, and design features of the ice condenser. As an additional conservatism, in the event of an operating basis earthquake, or greater seismic disturbance, within 5 weeks of loading ice baskets, the ice condenser would be inspected within 24 hours to ensure that no ice fallout has occurred that could impede proper functioning of the ice condenser lower inlet doors. Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations. The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regulations in Title 10 of the Code of Federal Regulations (10 CFR), section 50.92, this means that operation of the facility in accordance with the proposed amendment would not

(1)involve a significant increase in the probability or consequences of an accident previously evaluated; or

(2)create the possibility of a new or different kind of accident from any accident previously evaluated; or

(3)involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the proposed change involve a significant increase in the probability of occurrence or consequences of an accident previously evaluated? Response: No. The previously evaluated accidents of concern regarding the proposed change to licensing basis requirements for the ice condenser are a loss of coolant accident

(LOCA)and a main steam line break

(MSLB)in containment. The ice condenser will not initiate a previously evaluated accident and provides no function until mitigation of a LOCA or MSLB in containment is required. Therefore, a change to the ice condenser design or licensing basis does not significantly impact the probability of occurrence of an accident previously evaluated. Following the proposed amendment, the licensing basis would allow plant operation to continue during the five weeks following ice loading with procedural requirements to inspect the ice condenser within 24 hours following an OBE or greater seismic disturbance. With these changes, the ice condenser is still expected to perform its mitigation function under all circumstances following a LOCA or MSLB. Therefore, the proposed amendment does not involve a significant increase in the consequences of an accident previously evaluated. Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated? Response: No. The proposed amendment does not change the design function or operation of any system, structure, or component (SSC). The proposed amendment does not affect the capability of the ice condenser or other SSCs to perform their function. As a result, no new failure mechanisms, malfunctions, or accident initiators are created. Therefore, the proposed amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated. 3. Does the proposed change involve a significant reduction in a margin of safety? Response: No. The proposed amendment involves no change in the capability of an SSC. Under the proposed amendment, the ice condenser would remain fully capable of performing its design function under credible circumstances. Therefore, there is no significant reduction in a margin of safety as a result of the proposed amendment. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the **Federal Register** a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. Written comments may be submitted by mail to the Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this **Federal Register** notice. Written comments may also be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. The filing of requests for hearing and petitions for leave to intervene is discussed below. Within 60 days after the date of publication of this notice, the person(s) may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person(s) whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request via electronic submission through the NRC E-filing system for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's “Rules of Practice for Domestic Licensing Proceedings” in 10 CFR Part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/doc-collections/cfr/.* If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements:

(1)The name, address and telephone number of the requestor or petitioner;

(2)the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding;

(3)the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and

(4)the possible effect of any decision or order which may be entered in the proceeding on the requestor's petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment. A request for hearing or a petition for leave to intervene must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR 49139). The E-Filing process requires participants to submit and serve documents over the internet or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least five

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

(301)415-1677, to request

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

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

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

(800)397-4209 or locally,

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

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

(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first- class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later than 11:59 p.m. Eastern Time on the due date. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at: *http://ehd.nrc.gov/EHD_Proceeding/home.asp* , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, Participants are requested not to include copyrighted materials in their submissions. For further details with respect to this license amendment application, see the application for amendment dated February 29, 2008, which is available for public inspection at the Commission's PDR, located at One White Flint North, File Public Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html.* Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland, this 5th day of March 2008. For the Nuclear Regulatory Commission. Peter S. Tam, Senior Project Manager, Plant Licensing Branch III-1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E8-4913 Filed 3-11-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. PAPO-001; ASLBP No. 08-861-01-PAPO-BD01] Atomic Safety and Licensing Board; In the Matter of: U.S. Department of Energy: (High-Level Waste Repository: Pre-Application Matters, Advisory PAPO Board); Notice and Memorandum (Requesting Information From Potential Parties) March 6, 2008. Before Administrative Judges: Thomas S. Moore, Chairman; G. Paul Bollwerk, III; E. Roy Hawkens. I. Introduction On December 13, 2007, the Commission authorized the establishment of an Advisory Pre-License Application Presiding Officer Board (Advisory PAPO Board) to obtain input from potential parties 1 on the broad range of procedural matters expected to arise from, and associated case management requirements that could be imposed in, any adjudication regarding an application by the Department of Energy

(DOE)for authorization to construct a high-level waste

(HLW)repository at Yucca Mountain, Nevada. 2 Pursuant to this authority, this Board was established on February 13, 2008. 3 This memorandum is the first request from this Board for information from potential parties to the HLW repository proceeding on the construction permit application of DOE. 4 1 “Potential party,” as it is used here, means DOE, the NRC Staff, the State of Nevada, and any person or entity that meets the definitions of “party,” “potential party,” or “interested governmental participant” under 10 CFR 2.1001. 2 Staff Requirements Memorandum COMSECY-07-0030—Requesting Authority to Issue Case Management Orders in High-Level Waste Proceeding Prior to the Issuance of a Notice of Opportunity for Hearing (Dec. 13, 2007). 3 See 73 FR 9358 (Feb. 20, 2008). 4 To ensure a wide dissemination of this Memorandum, it is being published in the **Federal Register** . It is also being served on the service list for the PAPO proceeding, docket number PAPO-00, which the Secretary of the Commission has incorporated as the initial service list for this proceeding. II. Requests for Information A. Request for Information From Any Potential Parties The Nuclear Waste Policy Act of 1982, as amended, sets a three-year time period, with the possibility of a one-year extension, for the NRC to review and make a licensing determination on the application for the construction of the HLW repository. 5 Appendix D of 10 CFR Part 2 establishes a schedule, based upon the time period prescribed by the Nuclear Waste Policy Act, for the adjudication arising from challenges to the DOE license application, and 10 CFR 2.1026 mandates that licensing boards in the HLW proceeding meet this schedule. 6 5 Nuclear Waste Policy Act of 1982, as amended, section 114(d), 42 U.S.C. 10134(d). 5 6 See 10 CFR Part 2, App. D; 10 CFR 2.1026(a). The schedule in the Commission's regulations is rigorous, considering the potential complexity of the HLW proceeding, 7 with initial deadlines for the filing of contentions, answers to those contentions, and replies to answers due in relatively short order following the issuance of the initial hearing opportunity notice. Pursuant to 10 CFR 2.309(b)(2), potential parties ( *i.e.* , petitioners) must file petitions to intervene containing contentions within 30 days of the date of publication of the Notice of Opportunity for Hearing in the **Federal Register** . 8 Thereafter, Appendix D requires applicant DOE, the NRC staff, and any other potential party challenging the admission of contentions to file answers to any intervention petitions within 25 days. 9 After DOE, the NRC staff, and any other potential party challenging contention admissibility file their answers, potential parties ( *i.e.* , petitioners) have 7 days within which to file replies. 10 7 The Commission has acknowledged the potential complexity of the HLW repository proceeding. See 69 FR 2182, 2204 (Jan. 14, 2004). 8 10 CFR 2.309(b)(2) 9 CFR Part 2, App. D (Day 55). 10 *Id.* (Day 62). If potential parties request extensions of time for filing answers or replies, the authority of any licensing board is expressly limited to extensions of an additional 15 days. 11 All requests for extensions of time in excess of 15 days must be referred to the Commission. 12 As a consequence, if licensing boards are to manage realistically these proceedings within the schedule set out in Appendix D, it is imperative that procedural standards be developed at the outset to organize potential party submissions. 11 CFR 2.1026(b)(1). 12 10 CFR 2.1026(b)(2). Before we request input on such procedural standards from potential parties, however, we need a realistic estimation of the scope of the challenge we (and the potential parties) face. Accordingly, we request the following: 1. Each potential party considering filing a petition to intervene should provide us with its current, best, good-faith estimate of the number of initial contentions it intends to file, using the number ranges provided below. We recognize that until DOE files, *inter alia* , a license application, no potential party will know definitively how many contentions it will file or the subject matter of its contentions, so an exact figure is not possible. Thus, we are seeking only best, good-faith estimates, nothing more. Further, because we are seeking this information for the purpose of developing standards for the effective and efficient management of the proceeding, potential party estimates will be used solely and exclusively for that purpose, and no other, and is without prejudice to the potential party's ability subsequently to file a larger (or smaller) number of contentions. Estimated Number of Contentions

(1)1-10

(2)11-25

(3)26-50

(4)50-100

(5)101-250

(6)251-500

(7)501-1000

(8)1001-2000

(9)2001-3000

(10)3001+ 2. DOE, the NRC Staff, and any potential party challenging the admissibility of contentions should provide a best, good-faith estimate of the number of days it realistically will need to file reasoned answers to each range of contentions listed above to aid the licensing boards in resolving the admissibility of contentions. In estimating the time it will take to file such reasoned answers, DOE and any potential party challenging the admissibility of contentions should keep in mind that 10 CFR Part 2, Subpart J eliminates the apparent need in other proceedings for applicants and other challengers of contention admissibility to challenge the admissibility of all proffered contentions to preserve the right to an interlocutory appeal of a licensing board's ruling admitting any contention. 13 Instead, Subpart J provides for an interlocutory appeal to the Commission on a licensing board's contention admissibility decisions regardless of whether the party took the initial position that the petition should have been “wholly denied.” 14 13 *See* 10 CFR 2.311(c) (allowing interlocutory appeal of licensing board decision granting petition to intervene only if issue is “whether the request/petition should have been wholly denied”). 14 10 CFR 2.1015(b); *see also* 10 CFR Part 2, App. D (Day 110). 3. Each potential party expecting to file a petition to intervene should provide a best, good-faith estimate of the number of days it realistically will need to file replies to the answers, keeping in mind that the filing of a reply is the first (and only written) opportunity a petitioner has to defend its contentions. Again, we recognize that at this stage before the application has been filed plans for filing contentions have not been finalized. We emphasize, however, that we are only looking for best, good-faith estimates to establish a format for the filing of contentions that will best enable the Appendix D schedule to be met. Whether they support or oppose the potential DOE application, any potential parties that are reluctant to cooperate should realize that the work of the Advisory PAPO Board is intended to assist them in meeting deadlines once an application is filed. 15 15 In this regard, although we recognize that the State of Nevada consistently has maintained that its ability to provide an estimate of the number of contentions is severely constrained by its lack of access to the application and its major supporting documentation, such as the total system performance assessment model/analysis for the license application, see, *e.g.* , Motion to Strike DOE's October 19, 2007 LSN Recertification and to Suspend Certification of Others Until DOE Validly Recertifies (Oct. 29, 2007) at 34, we are hopeful its ability to make a best, good-faith estimate may be enhanced considerably by DOE's apparent recent submission of that document into the Licensing Support Network. *See* Total System Performance Assessment Model/Analysis for the License Application Volume I, Volume II, and Volume III (C), LSN Accession No. DEN001574936. B. Request for Information From DOE Our goal in issuing this Memorandum is, among other things, to obtain information to better enable us to propose to potential parties for comment one or more potential organizational structures that will ensure

(1)each contention is clear on its face in addressing each of the admissibility requirements of section 2.309(f)(1)(i)-(vi);

(2)those opposing the admissibility of a contention are able readily to identify and challenge only those portions of a contention that fail to meet the admissibility requirements of section 2.309(f)(1)(i)-(vi);

(3)potential parties are able effectively to defend the admissibility of their contentions in any reply pleadings; and

(4)licensing boards are able to see how each contention addresses the factors in section 2.309(f)(1) and what challenges and defenses have been interposed relative to that contention, in order to make a timely, reasoned decision regarding whether each contention is admissible. One approach we believe could provide an organizational structure that would accomplish these purposes would be to label contentions in a way that models the Table of Contents

(TOC)of the DOE License Application to show the specific portion of the application being challenged, which petitioners are required to demonstrate under 10 CFR 2.309(f)(1)(vi) when contentions are filed. In addition, knowing the level of granularity of DOE's TOC may assist the Board to develop a proposal regarding the specificity necessary for petitioners to state their issues of law or fact to be controverted under section 2.309(f)(1)(i). Contentions that are modeled on the TOC might in turn assist those who will be filing answers, including DOE, to ascertain quickly the focus of the contention and to challenge directly, as necessary, the admissibility of contentions in a timely manner. To enable us to develop this proposal, it would be helpful if DOE would file the current draft version of the TOC of its License Application. If DOE has a legitimate reason which it believes precludes it from filing the draft TOC for the entire License Application, we request that it file the draft TOC for the general information section of the License Application. 16 If DOE believes it has a legitimate reason that precludes it from filing the draft TOC for the general information section, we request that it provide a full description of the level of detail ( *i.e.* , complete hierarchical structure) that it plans to use in the TOC. If DOE chooses not to file any part of the draft TOC, we also request that it explain fully its reasons for withholding the TOC so we, in turn, can explain to the Commission the reason DOE has been unable to aid our efforts to make the HLW proceeding more efficient for all involved. 17 16 *See* 10 CFR 63.21(a), (b); *see also* Office of Nuclear Materials Safety & Safeguards, U.S. Nuclear Regulatory Comm'n, Yucca Mountain Review Plan, NUREG-1804, at 1-1 to 1-31 (rev. 2 July 2003). 17 Additionally, if DOE declines to provide the application TOC, it should suggest an alternative organizational structure for contentions that can be utilized by potential intervenors without having to await the filing of its HLW application. III. Filing and Service The first filing by any potential party wishing to respond that has *not* filed a notice of appearance in the initial PAPO proceeding, docket number PAPO-00, should be accompanied by a notice of appearance from that potential party's authorized representative or counsel containing all required information under 10 CFR 2.314(b). The notice of appearance will provide the information necessary to establish and maintain a service list, so that participants can be accurately identified and duly notified during this advisory phase of the proceeding. 18 18 We caution that for potential parties that have not already been participating in the PAPO proceeding, docket number PAPO-00, filing a notice of appearance with this Advisory PAPO Board, docket number PAPO-001, will not suffice for participation in the PAPO proceeding. Responses to this memorandum and any other responses to information or requests for input from the Advisory PAPO Board must be submitted and served electronically through the NRC's Electronic Information Exchange

(EIE)system, docket number PAPO-001. Potential parties that already have been participating in the PAPO proceeding, docket number PAPO-00, and using the EIE system do not need to do anything additional to be able to file in this Advisory PAPO proceeding. Those that have not been participating in the PAPO proceeding but wish to make submissions before this Board should consult the NRC's Web site, which provides detailed instructions on the steps necessary to access and make EIE submissions, including

(1)obtaining a digital certificate from the NRC Office of the Secretary and installing that certificate into the participant's Web browser ( *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html* );

(2)loading the viewer software currently needed to submit and view documents in the EIE system ( *http://www.nrc.gov/site-help/e-submittals/install-viewer.html* );

(3)creating a document in the portable document format

(PDF)suitable for EIE submission ( *http://www.nrc.gov/site-help/electronic-sub-ref-mat.html* ); and

(4)accessing the EIE Web site and submitting the document ( *http://www.nrc.gov/site-help/e-submittals/submit-documents.html* ). A potential party that is not currently participating in the PAPO proceeding and using EIE should begin this process no less than five days before it wishes to make an initial submission. In submitting their responses, potential parties should make sure they are filing them on this docket, PAPO-001, which is denominated as the “Advisory PAPO Board” on the dropdown list of proceedings that is part of the EIE filing form. We request that all potential parties (including DOE and the NRC Staff) provide us with a filing that includes the information described above in Part II.A and that in its filing DOE also provide us with the information described above in Part II.B. All filings should be submitted through the agency's EIE system and served on the service list for the Advisory PAPO Board proceeding, docket number PAPO-001, by Monday, March 24, 2008. March 6, 2008, Rockville, Maryland. The Advisory Pre-License Application, Presiding Officer Board. Thomas S. Moore, Chairman, Administrative Judge. G. Paul Bollwerk, III, Administrative Judge. E. Roy Hawkens, Administrative Judge. [FR Doc. E8-4918 Filed 3-11-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Proposed License Renewal Interim Staff Guidance LR-ISG-2008-01: Staff Guidance Regarding the Station Blackout Rule (10 CFR 50.63); Associated With License Renewal Applications; Solicitation of Public Comment AGENCY: U.S. Nuclear Regulatory Commission. ACTION: Solicitation of public comment. SUMMARY: The U.S. Nuclear Regulatory Commission

(NRC)is soliciting public comment on its Proposed License Renewal Interim Staff Guidance LR-ISG-2008-01 (LR-ISG) for clarification to its previously issued LR-ISG-02, “Staff Guidance on Scoping of Equipment Relied on to Meet the Requirements of the Station Blackout

(SBO)Rule (10 CFR 50.63) for License Renewal,” dated April 1, 2002, which has been incorporated in the License Renewal Standard Review Plan. This LR-ISG provides additional clarification to the staff position on the license renewal scoping requirements regarding the offsite power system for SBO recovery. The NRC staff issues LR-ISGs to facilitate timely implementation of the license renewal rule and to review activities associated with a license renewal application. Upon receiving public comments, the NRC staff will evaluate the comments and make a determination to incorporate the comments, as appropriate. Once the NRC staff completes the LR-ISG, it will issue the LR-ISG for NRC and industry use. The NRC staff will also incorporate the approved LR-ISG into the next revision of the license renewal guidance documents. DATES: Comments may be submitted by May 12, 2008. Comments received after this date will be considered, if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. ADDRESSES: Comments may be submitted to: Chief, Rulemaking, Directives and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Comments should be delivered to: 11545 Rockville Pike, Rockville, Maryland, Room T-6D59, between 7:30 a.m. and 4:15 p.m. on Federal workdays. Persons may also provide comments via e-mail at *NRCREP@NRC.GOV.* The NRC maintains an Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRC's public documents. These documents may be accessed through the NRC's Public Electronic Reading Room on the Internet at *http://www.nrc.gov/reading-rm/adams.html.* Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC Public Document Room

(PDR)reference staff at 1-800-397-4209, 301-415-4737, or by e-mail at *pdr@nrc.gov.* FOR FURTHER INFORMATION CONTACT: Ms. Stacie Sakai, Project Manager, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone 301-415-1884 or by e-mail at *sxs11@nrc.gov.* SUPPLEMENTARY INFORMATION: Attachment 1 to this **Federal Register** notice, entitled *Staff Position and Rationale for the Proposed License Renewal Interim Staff Guidance LR-ISG-2008-01: Staff Guidance Regarding the Station Blackout Rule (10 CFR 50.63) Associated with License Renewal Applications,* ” contains the NRC staff's rationale for publishing the proposed LR-ISG-2008-01. Attachment 2 to this **Federal Register** notice, entitled *Proposed License Renewal Interim Staff Guidance LR-ISG-2008-01: Staff Guidance Regarding the Station Blackout Rule (10 CFR 50.63) Associated with License Renewal Applications,* ” contains the additional clarification to the current staff position on the license renewal SBO scoping requirements. The NRC staff is issuing this notice to solicit public comments on the proposed LR-ISG-2008-01. After the NRC staff considers any public comments, it will make a determination regarding issuance of the proposed LR-ISG. Dated at Rockville, Maryland this 5th day of March, 2008. For the Nuclear Regulatory Commission. Pao-Tsin Kuo, Director, Division of License Renewal, Office of Nuclear Reactor Regulation. Attachment 1—Staff Position and Rationale for the Proposed License Renewal Interim Staff Guidance LR-ISG-2008-01: Staff Guidance Regarding the Station Blackout Rule (10 CFR 50.63) Associated With License Renewal Applications Staff Position Consistent with the requirements specified in Title 10, § 54.4(a)(3), of the *Code of Federal Regulations* (10 CFR 54.4(a)(3)) and 10 CFR 50.63(a)(1), the scope of license renewal should include the offsite recovery path from the transmission system to the Class 1E distribution system. Accordingly, the offsite recovery paths that must be included within the scope of license renewal, in accordance with 10 CFR 54.4(a)(3), consist of circuits from two independent sources. Both paths start from the switchyard breaker to the plant Class 1E safety buses. This path includes

(1)switchyard circuit breakers that connect to the offsite power system (i.e., grid),

(2)power transformers,

(3)intervening overhead or underground circuits (i.e., cables, buses and connections, transmission conductors and connections, insulators, disconnect switches, and associated components),

(4)circuits between the circuit breakers and power transformers,

(5)circuits between the power transformers and onsite electrical distribution system, and

(6)the associated control circuits and structures. Rationale The license renewal rule, 10 CFR 54.4(a)(3), requires that the scope of license renewal include “All systems, structures, and components relied on in safety analyses or plant evaluations to perform a function that demonstrates compliance with the Commission's regulations for * * * station blackout (10 CFR 50.63).” The station blackout

(SBO)rule, 10 CFR 50.63(a)(1), states that each light-water-cooled nuclear power plant licensed to operate must be able to withstand and recover from an SBO of a specified duration that is based on factors that include “(iii) The expected frequency of loss of offsite power; and

(iv)The probable time needed to restore offsite power.” In this regard, the SBO rule is consistent with the staff findings identified in the statement of considerations for the SBO rule and NUREG-1032, “Evaluation of Station Blackout Accidents at Nuclear Power Plants,” issued June 1988. During its evaluation of licensee compliance with the requirements in 10 CFR 50.63, “Loss of All Alternating Current Power,” the staff has assessed the offsite power recovery paths that are credited in the licensee evaluation of SBO coping duration. The SBO coping duration evaluation is based on the criteria specified in 10 CFR 50.63(a)(1). The staff's regulatory assessment and acceptance of licensees' compliance with the SBO rule for offsite power is based on the site-related characteristics and power design characteristics as defined in Regulatory Guide

(RG)1.155, “Station Blackout,” issued August 1988, and also the availability and reliability of the offsite power including the protective coordination of switchyard breakers. The staff developed this guidance to ensure that scoping of SBO equipment in accordance with the requirements of 10 CFR 54.4(a)(3) is conducted in a manner consistent with the original staff evaluations of licensee compliance with the requirements of the SBO rule (10 CFR 50.63) to include equipment necessary for recovery. Attachment 2—Proposed License Renewal Interim Staff Guidance LR-ISG-2008-01: Staff Guidance Regarding the Station Blackout Rule (10 CFR 50.63) Associated with License Renewal Applications Staff Position Consistent with the requirements specified in Title 10, § 54.4(a)(3), of the *Code of Federal Regulations* (10 CFR 54.4(a)(3)) and 10 CFR 50.63(a)(1), the scope of license renewal should include the offsite recovery path from the transmission system to the Class 1E distribution system. The offsite and onsite power circuits must permit functioning of structures, systems, and components necessary to respond to the event. The rationale for this position follows. Rationale In the license renewal rule, 10 CFR 54.4(a)(3) requires that the scope of license renewal include “All systems, structures, and components relied on in safety analyses or plant evaluations to perform a function that demonstrates compliance with the Commission's regulations for * * * station blackout (10 CFR 50.63).” In the station blackout

(iv)The probable time needed to restore offsite power.” In this regard, the SBO rule is consistent with the staff findings identified in the statement of considerations and NUREG-1032, “Evaluation of Station Blackout Accidents at Nuclear Power Plants,” issued June 1988. In particular, with regard to factor (iv), the staff found that restoration of offsite power (0.6 hours median time to restore) is more likely to terminate an SBO event than restoration of the emergency diesel generators (8 hours median time to repair). In Appendix A, “General Design Criteria for Nuclear Power Plants,” to 10 CFR part 50, “Domestic Licensing of Production and Utilization Facilities,” General Design Criterion

(GDC)17, “Electric Power Systems,” requires that two physically independent circuits shall supply electric power from the transmission network to the onsite electric distribution system. These circuits must be designed and located so as to minimize to the extent practical the likelihood of their simultaneous failure under operating and postulated accident and environmental conditions. A switchyard common to both circuits is acceptable. Each of these circuits shall be designed to be available soon enough after a loss of all onsite alternating current

(ac)power supplies and the loss of the other offsite electric power circuit to ensure that specified acceptable fuel design limits and design conditions of the reactor coolant pressure boundary are not exceeded. One of these circuits (the immediate access circuit) shall be designed to be available within a few seconds following a loss-of-coolant accident to ensure the maintenance of core cooling, containment integrity, and other vital safety functions. Plants not licensed in accordance with GDC 17 were licensed to satisfy plant-specific principal design criteria presented in the plant updated final safety analysis report (FSAR). These criteria are similar to GDC 17. The electric grid is the source of power to the offsite power system. Therefore, all operating plants have offsite power requirements similar to GDC 17. The plant technical specifications embody the operational restrictions for the design requirements for the loss of offsite power sources. SBO is the loss of offsite and onsite ac electric power to the essential and nonessential switchgear buses in a nuclear power plant. It does not include the loss of ac power fed from inverters powered by station batteries or loss of ac power from an alternate ac power source. The U.S. Nuclear Regulatory Commission added the SBO rule to the regulations in 10 CFR part 50 because, as operating experience accumulated, concern arose that the reliability of both the offsite and onsite ac power systems might be less than originally anticipated, even for designs that met the requirements of GDC 17 and GDC 18, “Inspection and Testing of Electric Power Systems.” The results of risk studies indicate that estimated core melt frequencies from SBOs vary considerably between plants and could be a significant risk contributor for some plants. As a result, the SBO rule required that nuclear power plants have the capability to withstand and recover from the loss of offsite and onsite ac power of a specified duration (the coping duration). In their plant evaluations, licensees followed the guidance specified in Regulatory Guide

(RG)1.155, “Station Blackout,” issued August 1988, and NUMARC 87-00, “Guidelines and Technical Bases for NUMARC Initiatives Addressing Station Blackout at Light Water Reactors,” to determine their required plant-specific coping duration. The agency based the criteria specified in RG 1.155 to calculate a plant-specific coping duration on the expected frequency of loss of offsite power and the probable time needed to restore offsite power, as well as the other two factors (onsite emergency ac power source redundancy and reliability) specified in 10 CFR 50.63(a)(1). In requiring that a plant's coping duration be based in part on the probable time needed to restore offsite power, 10 CFR 50.63(a)(1) specifies that the offsite power system be an assumed method of recovering from an SBO. Disregarding the offsite power system as a means of recovering from an SBO would not meet the requirements of the 10 CFR 50.63 rule and would result in a longer required coping duration. The use of the offsite power system within 10 CFR 50.63(a)(1) as a means of recovering from an SBO should not be construed to be the only acceptable means of recovering from an SBO. A licensee could, for example, recover offsite power or emergency (onsite) power. It is not possible to determine before an actual SBO event which source of power can be returned first. As a result, 10 CFR 50.63(c)(1)(ii) and its associated guidance in RG 1.155, Sections 1.3 and 2, require procedures to recover from an SBO that include restoration of offsite and onsite power. Based on the above, licensees rely on both the offsite and onsite power systems to meet the requirements of the SBO rule. Elements of both offsite and onsite power are necessary to determine the required coping duration under 10 CFR 50.63(a)(1), and the procedures required by 10 CFR 50.63(c)(1)(ii) must address both offsite power and onsite power restoration. It follows, therefore, that both systems are used to demonstrate compliance with the SBO rule and must be included within the scope of license renewal consistent with the requirements of 10 CFR 54.4(a)(3). The onsite power system is included within the scope of license renewal on the basis of the requirements under 10 CFR 54.4(a)(1) (safety-related systems). The equipment that is relied upon to cope with an SBO (e.g., alternate ac power sources) is included within the scope of license renewal on the basis of the requirements under 10 CFR 54.4(a)(3). The offsite power system is therefore necessary to complete the required scope of the electrical power systems under license renewal. The staff has recently noted during the review of license renewal applications that some applicants have not included all of the components and structures within the scope of license renewal needed for recovering the offsite source from an SBO event as required by 10 CFR 54.4(a)(3). Failure to include all of the structures and components within the scope of license renewal will result in those structures and components not being subject to aging management review, and the effects of aging will not be adequately managed so that the intended function(s) will be maintained consistent with the current licensing basis for the period of extended operation in accordance with 10 CFR 54.21(a)(1) and (a)(3). During its evaluation of licensee compliance with the requirements in 10 CFR 50.63, “Loss of All Alternating Current Power,” the staff has assessed the offsite power recovery paths that are credited in the licensee evaluation of SBO coping duration. The SBO coping duration evaluation is based on the criteria specified in 10 CFR 50.63(a)(1). The staff's regulatory assessment and acceptance of licensees' compliance with the SBO rule for offsite power is based on the site-related characteristics and power design characteristics as defined in RG 1.155, and also the availability and reliability of the offsite power including the protective coordination of switchyard breakers. The offsite power systems of U.S. nuclear power plants consist of a transmission system component and a switchyard that provides a source of power and a plant system component that connects that power source to a plant's onsite electrical distribution system which powers safety equipment. The staff considers each plant design individually, reviewing the plant's FSAR and associated electrical drawings. The key to performing the scoping for the SBO recovery path is defining the boundary of the offsite power source at the switchyard. A switchyard can have multiple offsite lines supplying the switchyard buses. Although switchyard designs vary, most plants have either a ring bus or breaker-and-a-half scheme. The scoping boundary, as outlined in the Standard Review Plan-License Renewal (SRP-LR), Section 2.5.2.1.1, should be from the breaker or breakers from the switchyard (connections to the line side). If there is a circuit breaker between the power transformer (startup, reserve, auxiliary, or main transformer) and the switchyard bus, and the circuit breaker is directly bolted to the switchyard bus, then that circuit breaker is acceptable as the scoping boundary. If there is a disconnect switch, but no circuit breaker exists between the transformer and the switchyard bus, then the circuit breaker(s) connected to the switchyard bus that feeds the power transformer (startup, reserve, auxiliary, or main transformer) should be acceptable as the scoping boundary. The circuit breaker, as the scoping boundary, provides connection to offsite power via the switchyard bus, which can be powered by any of the incoming transmission lines. This breaker should be at the transmission system voltage to ensure adequate protection of safety bus and the recovery of offsite power. The staff believes that the circuit breaker needs to be within the scope of license renewal because of its ability to provide plant power, protect downstream circuits and provide plant operator-controlled isolation and energization ability. In addition, a circuit breaker coordinates with other protective devices to minimize the probability of loss of offsite power and prevent transients from affecting the onsite distribution system as offsite power is being restored. For these reasons, a circuit breaker remains as the scoping boundary. Using a disconnect switch or other component downstream of the breaker is not consistent with the staff position of compliance with the SBO rule and is not acceptable for meeting the SBO scoping requirements for license renewal. As discussed above, for purposes of the license renewal, the staff has determined that the offsite recovery paths that must be included within the scope of license renewal, in accordance with 10 CFR 54.4(a)(3), consist of circuits from two independent sources. Both paths start from the switchyard breaker to the plant Class 1E safety buses. This path includes

(1)switchyard circuit breakers that connect to the offsite power system (i.e., grid),

(2)power transformers,

(3)intervening overhead or underground circuits (i.e., cables, buses and connections, transmission conductors and connections, insulators, disconnect switches, and associated components),

(4)circuits between the circuit breakers and power transformers,

(5)circuits between the power transformers and onsite electrical distribution system, and

(6)control circuit cables and connections and structures associated with components in the recovery path. The SBO recovery path scoping boundary ends at the line side of the switchyard breaker(s) at transmission system voltage. For the switchyard breakers, bolted connections to the switchyard bus and structural components supporting the breakers are within the scope of license renewal. The control circuit cables and its connections for the switchyard breakers are not within the scope of license renewal. Figures of different configurations of the SBO offsite power recovery path that are acceptable to the staff and meet the license renewal scoping requirements in accordance with 10 CFR 54.4(a)(3) are available via ADAMS at Accession No. ML080520620. The ownership of switchyard components is not a factor in ensuring that the effects of aging will be adequately managed for components and structures needed for recovering the offsite circuits from an SBO event consistent with the requirements in 10 CFR 54.4, “Scope,” and 10 CFR 54.21, “Contents of Application—Technical Information.” The staff recognizes that there are interface and control agreements between the licensee and transmission system operator. These agreements do not preclude the applicant from complying with requirements specified in 10 CFR 54.4 and 10 CFR 54.21. Designating the appropriate offsite power system long-lived passive structures and components that are part of this circuit path as subject to an aging management review will ensure the maintenance of the bases underlying the SBO requirements over the period of the extended license. This is consistent with the Commission's expectations in including the SBO event under 10 CFR 54.4(a)(3) of the license renewal rule. [FR Doc. E8-4902 Filed 3-11-08; 8:45 am] BILLING CODE 7590-01-P RAILROAD RETIREMENT BOARD Proposed Data Collection Available for Public Comment and Recommendations *Summary:* In accordance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board

(RRB)will publish periodic summaries of proposed data collections. *Comments are invited on:*

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

(b)the accuracy of the RRB's estimate of the burden of the collection of the information;

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

(d)ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. *Title and purpose of information collection:* Statement of Authority to Act for Employee; OMB 3220-0034. Under Section 5(a) of the Railroad Unemployment Insurance Act (RUIA), claims for benefits are to be made in accordance with such regulations as the Railroad Retirement Board

(RRB)shall prescribe. The provisions for claiming sickness benefits as provided by Section 2 of the RUIA are prescribed in 20 CFR 335.2. Included in these provisions is the RRB's acceptance of forms executed by someone else on behalf of an employee if the RRB is satisfied that the employee is sick or injured to the extent of being unable to sign forms. The RRB utilizes Form SI-10, Statement of Authority to Act for Employee, to provide the means for an individual to apply for authority to act on behalf of an incapacitated employee and also to obtain the information necessary to determine that the delegation should be made. Part I of the form is completed by the applicant for the authority and Part II is completed by the employee's doctor. One response is requested of each respondent. Completion is required to obtain benefits. The RRB proposes no changes to Form SI-10. The estimated annual respondent burden is as follows: *Form:* SI-10. *Estimate of Annual Responses:* 400. *Estimated Completion Time:* 6 minutes. *Total Burden Hours:* 40. *Additional Information or Comments:* To request more information or to obtain a copy of the information collection justification, forms, and/or supporting material, please call the RRB Clearance Officer at

(312)751-3363 or send an e-mail request to *Charles.Mierzwa@RRB.GOV* . Comments regarding the information collection should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611-2092 or send an e-mail to *Ronald.Hodapp@RRB.GOV* . Written comments should be received within 60 days of this notice. Charles Mierzwa, Clearance Officer. [FR Doc. E8-4910 Filed 3-11-08; 8:45 am] BILLING CODE 7905-01-P RAILROAD RETIREMENT BOARD Agency Forms Submitted for OMB Review, Request for Comments SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board

(RRB)is forwarding an Information Collection Request

(ICR)to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget

(OMB)to request a revision to a currently approved collection of information: 3220-0195, Statement Regarding Contributions and Support of Children. Our ICR describes the information we seek to collect from the public. Review and approval by OIRA ensures that we impose appropriate paperwork burdens. The RRB invites comments on the proposed collection of information to determine

(1)the practical utility of the collection;

(2)the accuracy of the estimated burden of the collection;

(3)ways to enhance the quality, utility and clarity of the information that is the subject of collection; and

(4)ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. Comments to RRB or OIRA must contain the OMB control number of the ICR. For proper consideration of your comments, it is best if RRB and OIRA receive them within 30 days of publication date. Section 2(d)(4) of the Railroad Retirement Act (RRA), provides, in part, that a child is deemed dependent if the conditions set forth in Section 202(d)(3),

(4)and

(9)of the Social Security Act are met. Section 202(d)(4) of the Social Security Act, as amended by Public Law 104-121, requires as a condition of dependency, that a child receives one-half of his or her support from the stepparent. This dependency impacts upon the entitlement of a spouse or survivor of an employee whose entitlement is based upon having a stepchild of the employee in care, or on an individual seeking a child's annuity as a stepchild of an employee. Therefore, depending on the employee for at least one-half support is a condition affecting eligibility for increasing an employee or spouse annuity under the social security overall minimum provisions on the basis of the presence of a dependent child, the employee's natural child in limited situations, adopted children, stepchildren, grandchildren and step-grandchildren and equitably adopted children. The regulations outlining child support and dependency requirements are prescribed in 20 CFR 222.50-57. In order to correctly determine if an applicant is entitled to a child's annuity based on actual dependency, the RRB uses Form G-139, Statement Regarding Contributions and Support of Children, to obtain financial information needed to make a comparison between the amount of support received from the railroad employee and the amount received from other sources. Completion is required to obtain a benefit. One response is required of each respondent. *Previous Requests for Comments:* The RRB has already published the initial 60-day notice (73 FR 215 on January 2, 2008) required by 44 U.S.C. 3506(c)(2). That request elicited no comments. Information Collection Request

(ICR)*Title:* Statement Regarding Contributions and Support of Children. *OMB Control Number:* OMB 3220-0195. *Form(s) submitted:* G-139. *Type of request:* Extension without change of a currently approved collection. *Affected public:* Individuals or Households. *Abstract:* Dependency on the employee for at least one-half support is a condition for increasing an employee or spouse annuity under the social security overall minimum provisions on the basis of the presence of a dependent child, the employee's natural child in limited situations, adopted children, stepchildren, grandchildren, and step-grandchildren. The information collected solicits financial information needed to determine entitlement to a child's annuity based on actual dependency. *Changes Proposed:* The RRB proposes no changed to Form G-139. *The burden estimate for the ICR is as follows:* *Estimated Completion Time for Form(s):* Completion time for Form G-139 is estimated at 60 minutes. *Estimated annual number of respondents:* 500. *Total annual responses:* 500. *Total annual reporting hours:* 500. *Additional Information or Comments:* Copies of the forms and supporting documents can be obtained from Charles Mierzwa, the agency clearance officer (312-751-3363) or *Charles.Mierzwa@rrb.gov.* Comments regarding the information collection should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611-2092 or *Ronald.Hodapp@rrb.gov* and to the OMB Desk Officer for the RRB, at the Office of Management and Budget, Room 10230, New Executive Office Building, Washington, DC 20503. Charles Mierzwa, Clearance Officer. [FR Doc. E8-4914 Filed 3-11-08; 8:45 am] BILLING CODE 7905-01-P SECURITIES AND EXCHANGE COMMISSION Submission for OMB Review; Comment Request Upon Written Request, Copies Available From: U.S. Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549-0213 Extension: Rule 19b-7 and Form 19b-7; OMB Control No. 3235-0553; SEC File No. 270-495. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the Securities and Exchange Commission (“Commission”) has submitted to the Office of Management and Budget a request for approval of extension of the existing collection of information provided for in the following rule: Rule 19b-7 (17 CFR 240.19b-7). The Securities Exchange Act of 1934 (15 U.S.C. 78a *et seq.* ) (“Exchange Act”) provides a framework for self-regulation under which various entities involved in the securities business, including national securities exchanges and national securities associations (collectively, self-regulatory organizations or “SROs”), have primary responsibility for regulating their members or participants. The role of the Commission in this framework is primarily one of oversight: the Exchange Act charges the Commission with supervising the SROs and assuring that each complies with and advances the policies of the Exchange Act. The Exchange Act was amended by the Commodity Futures Modernization Act of 2000 (“CFMA”). Prior to the CFMA, federal law did not allow the trading of futures on individual stocks or on narrow-based stock indexes (collectively, “security futures products”). The CFMA removed this restriction and provides that trading in security futures products would be regulated jointly by the Commission and the Commodity Futures Trading Commission (“CFTC”). The Exchange Act requires all SROs to submit to the SEC any proposals to amend, add, or delete any of their rules. Certain entities (Security Futures Product Exchanges) would be national securities exchanges only because they trade security futures products. Similarly, certain entities (Limited Purpose National Securities Associations) would be national securities associations only because their members trade security futures products. The Exchange Act, as amended by the CFMA, established a procedure for Security Futures Product Exchanges and Limited Purpose National Securities Associations to provide notice of proposed rule changes relating to certain matters. 1 Rule 19b-7 and Form 19b-7 (17 CFR 249.822) implemented this procedure. 1 These matters are higher margin levels, fraud or manipulation, recordkeeping, reporting, listing standards, or decimal pricing for security futures products; sales practices for security futures products for persons who effect transactions in security futures products; or rules effectuating the obligation of Security Futures Product Exchanges and Limited Purpose National Securities Associations to enforce the securities laws. *See* 15 U.S.C. 78s(b)(7)(A). The collection of information is designed to provide the Commission with the information necessary to determine, as required by the Act, whether the proposed rule change is consistent with the Act and the rules thereunder. The information is used to determine if the proposed rule change should remain in affect or be abrogated. The respondents to the collection of information are SROs. Five respondents file an average total of 12 responses per year. Each response takes approximately 17.25 hours to complete, which corresponds to an estimated annual response burden of 207 (12 responses × 17.25 hours) hours. The average cost per response is approximately $4,607.25 (17.25 hours multiplied by an average hourly rate of $267.09). The resultant total related cost of compliance for these respondents is approximately $55,287 per year (12 responses × $4,607.25 per response). Compliance with Rule 19b-7 is mandatory. Information received in response to Rule 19b-7 shall not be kept confidential; the information collected is public information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid control number. Comments should be directed to

(i)Desk Officer for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503 or by sending an e-mail to: *Alexander_T._Hunt@omb.eop.gov* ; and

(ii)R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, c/o Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312 or send an *e-mail* to: *PRA_Mailbox@sec.gov.* Comments must be submitted within 30 days of this notice. Dated: March 4, 2007. Florence E. Harmon, Deputy Secretary. [FR Doc. E8-4823 Filed 3-11-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION Submission for OMB Review; Comment Request Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549-0213 Extension: Rule 10f-3; SEC File No. 270-237; OMB Control No. 3235-0226. Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange Commission (“Commission”) has submitted to the Office of Management and Budget a request for extension and approval of the collection of information discussed below. Section 10(f) of the Investment Company Act of 1940 (15 U.S.C. 80a) (the “Act”) prohibits a registered investment company (“fund”) from purchasing any security during an underwriting or selling syndicate if the fund has certain relationships with a principal underwriter for the security. Congress enacted this provision in 1940 to protect funds and their shareholders by preventing underwriters from “dumping” unmarketable securities on affiliated funds. Rule 10f-3 (17 CFR 270.10f-3) permits a fund to engage in a securities transaction that otherwise would violate section 10(f) if, among other things:

(i)Each transaction effected under the rule is reported on Form N-SAR;

(ii)the fund's directors have approved procedures for purchases made in reliance on the rule, regularly review fund purchases to determine whether they comply with these procedures, and approve necessary changes to the procedures; and

(iii)a written record of each transaction effected under the rule is maintained for six years, the first two of which in an easily accessible place. The written record must state:

(i)From whom the securities were acquired;

(ii)the identity of the underwriting syndicate's members;

(iii)the terms of the transactions; and

(iv)the information or materials on which the fund's board of directors has determined that the purchases were made in compliance with procedures established by the board. The rule also conditionally allows managed portions of fund portfolios to purchase securities offered in otherwise off-limits primary offerings. To qualify for this exemption, rule 10f-3 requires that the subadviser that is advising the purchaser be contractually prohibited from providing investment advice to any other portion of the fund's portfolio and consulting with any other of the fund's advisers that is a principal underwriter or affiliated person of a principal underwriter concerning the fund's securities transactions. These requirements provide a mechanism for fund boards to oversee compliance with the rule. The required recordkeeping facilitates the Commission staff's review of rule 10f-3 transactions during routine fund inspections and, when necessary, in connection with enforcement actions. The staff estimates that approximately 350 funds engage in a total of approximately 4,400 rule 10f-3 transactions each year. 1 Rule 10f-3 requires that the purchasing fund create a written record of each transaction that includes, among other things, from whom the securities were purchased and the terms of the transaction. The staff estimates 2 that it takes an average fund approximately 30 minutes per transaction and approximately 2,200 hours 3 in the aggregate to comply with this portion of the rule. 1 These estimates are based on staff extrapolations from filings with the Commission. 2 Unless stated otherwise, the information collection burden estimates contained in this Supporting Statement are based on conversations between the staff and representatives of funds. 3 This estimate is based on the following calculation: (30 minutes × 4,400 = 2,200 hours). The funds also must maintain and preserve these transactional records in accordance with the rule's recordkeeping requirement, and the staff estimates that it takes a fund approximately 20 minutes per transaction and that annually, in the aggregate, funds spend approximately 1,467 hours 4 to comply with this portion of the rule. 4 This estimate is based on the following calculations: (20 minutes × 4,400 transactions = 88,000 minutes; 88,000 minutes / 60 = 1,467 hours). In addition, fund boards must, no less than quarterly, examine each of these transactions to ensure that they comply with the fund's policies and procedures. The information or materials upon which the board relied to come to this determination also must be maintained and the staff estimates that it takes a fund 1 hour per quarter and, in the aggregate, approximately 1,400 hours 5 annually to comply with this rule requirement. 5 This estimate is based on the following calculation: (1 hour per quarter × 4 quarters × 350 funds = 1,400 hours). The staff estimates that reviewing and revising as needed written procedures for rule 10f-3 transactions takes, on average for each fund, two hours of a compliance attorney's time per year. 6 Thus, annually, in the aggregate, the staff estimates that funds spend a total of approximately 700 hours 7 on monitoring and revising rule 10f-3 procedures. 6 These averages take into account the fact that in most years, fund attorneys and boards spend little or no time modifying procedures and in other years, they spend significant time doing so. 7 This estimate is based on the following calculation: (350 funds × 2 hours = 700 hours). Based on an analysis of fund filings, the staff estimates that approximately 600 fund portfolios enter into subadvisory agreements each year. 8 Based on discussions with industry representatives, the staff estimates that it will require approximately 3 attorney hours to draft and execute additional clauses in new subadvisory contracts in order for funds and subadvisers to be able to rely on the exemptions in rule 10f-3. Because these additional clauses are identical to the clauses that a fund would need to insert in their subadvisory contracts to rely on rules 12d3-1, 17a-10, and 17e-1, and because we believe that funds that use one such rule generally use all of these rules, we apportion this 3 hour time burden equally to all four rules. Therefore, we estimate that the burden allocated to rule 10f-3 for this contract change would be 0.75 hours. 9 Assuming that all 600 funds that enter into new subadvisory contracts each year make the modification to their contract required by the rule, we estimate that the rule's contract modification requirement will result in 450 burden hours annually. 10 8 The use of subadvisers has grown rapidly over the last several years, with approximately 600 portfolios that use subadvisers registering between December 2005 and December 2006. Based on information in Commission filings, we estimate that 31 percent of funds are advised by subadvisers. 9 This estimate is based on the following calculation (3 hours ÷ 4 rules = .75 hours). 10 These estimates are based on the following calculations: (0.75 hours × 600 portfolios = 450 burden hours). The staff estimates, therefore, that rule 10f-3 imposes an information collection burden of 6217 hours. 11 This estimate does not include the time spent filing transaction reports on Form N-SAR, which is encompassed in the information collection burden estimate for that form. 11 This estimate is based on the following calculation: (2,200 hours + 1,467 hours + 1,400 hours + 700 hours + 450 hours = 6,217 total burden hours). 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. Please direct general comments regarding the above information to the following persons:

(i)Desk Officer for the Securities and Exchange Commission, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503 or *e-mail to:* *Alexander_T._Hunt@omb.eop.gov* ; and

(ii)R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria, VA, 22312; or send an *e-mail* to: *PRA_Mailbox@sec.gov* . Comments must be submitted to OMB within 30 days of this notice. Dated: March 6, 2008. Florence E. Harmon, Deputy Secretary. [FR Doc. E8-4836 Filed 3-11-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57445; File No. SR-NASDAQ-2007-090] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order Granting Accelerated Approval of Proposed Rule Change, as Modified by Amendment No. 1, To Accept Financial Statements Prepared in Accordance With International Financial Reporting Standards, as Issued by the International Accounting Standards Board, for Certain Foreign Private Issuers, Consistent With Commission Rules March 6, 2008. On November 16, 2007, The NASDAQ Stock Market LLC (“Nasdaq”) filed with the Securities and Exchange Commission (“Commission”), pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 a proposed rule change to allow Nasdaq to accept financial statements prepared in accordance with International Financial Reporting Standards (“IFRS”), as issued by the International Accounting Standards Board (“IASB”), for certain foreign private issuers. Nasdaq filed Amendment No. 1 to the proposed rule change on February 6, 2008. The proposed rule change was published for comment in the **Federal Register** on February 12, 2008. 3 The Commission received no comments on the proposal. This order approves the proposed rule change, as modified by Amendment No. 1, on an accelerated basis. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 57290 (February 7, 2008), 73 FR 8084. The Commission recently amended Form 20-F under the Act and other rules under the Securities Act of 1933 that eliminate the requirement for U.S. GAAP reconciliation for foreign private issuers that file financial statements prepared in accordance with IFRS, as issued by the IASB, if certain conditions are met. 4 These changes apply only to foreign private issuers that file on Form 20-F, regardless of whether the issuer complies with IFRS as issued by the IASB voluntarily or in accordance with the requirements of the issuer's home country regulator or the exchange on which its securities are listed. 5 A foreign private issuer will continue to be required to provide a reconciliation to U.S. GAAP if its financial statements include deviations from IFRS as issued by the IASB, if it does not state unreservedly and explicitly that its financial statements are in compliance with IFRS as issued by the IASB, if the auditor does not opine on compliance with IFRS as issued by the IASB, or if the auditor's report contains any qualification relating to compliance with IFRS as issued by the IASB. 6 The Commission's rules are applicable to annual financial statements for financial years ending after November 15, 2007, and to interim periods within those years, that are contained in filings made after March 4, 2008. 7 4 *See* Securities Exchange Act Release No. 57026 (December 21, 2007), 73 FR 986 (January 4, 2008) (the “IFRS/IASB Adopting Release”). *See also* Securities Exchange Act Release No. 55998 (July 2, 2007), 72 FR 37962 (July 11, 2007) (the “IFRS/IASB Proposing Release”). The Commission is also considering whether to allow U.S. issuers to satisfy their reporting requirements through the provision of financial statements prepared in accordance with IFRS instead of U.S. GAAP. *See* Securities Exchange Act Release No. 56217 (August 7, 2007), 72 FR 45600 (August 14, 2007). This proposed Nasdaq rule change would be applicable only to foreign private issuers and would not apply to domestic U.S. companies. 5 IFRS/IASB Adopting Release at 992. 6 *Id* . at 993. A foreign private issuer using a jurisdictional or other variation of IFRS will be able to rely on the amendments if that issuer also is able to state compliance with both IFRS as issued by the IASB and a jurisdictional variation of IFRS (and does so state), and its auditor opines that the financial statements comply with both IFRS as issued by the IASB and the jurisdictional variation, as long as the statement relating to the former is unreserved and explicit. *Id* . 7 *Id* . at 994. To allow foreign private issuers to take full advantage of this development, Nasdaq has proposed to allow such issuers to evidence compliance with Nasdaq's listing requirements on the same basis as permitted by the Commission. In its filing, Nasdaq states that to require foreign private issuers to provide U.S. GAAP reconciliations to list on Nasdaq, when they no longer are required to under Commission rules, may cause such issuers not to list in the U.S., thereby denying U.S. investors the ability to easily invest in such issuers. After careful review, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 8 In particular, the Commission finds that the proposed rule change is consistent with section 6(b)(5) of the Act, which requires that an exchange have rules designed, among other things, to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and in general to protect investors and the public interest. The Commission believes that modifying Nasdaq's listing requirements, that currently require U.S. GAAP reconciliation, to reflect the changes made under Commission rules will ease the burden of compliance on foreign private issuers desiring to list on Nasdaq. In this regard, the Commission notes that the changes being made simply allow foreign private issuers listing on Nasdaq to be able to prepare their financial statements under the same exact terms and conditions as required under Commission rules. The Commission further notes that these changes should provide benefits to both foreign issuers and investors in the U.S. market, consistent with investor protection and the public interest. 9 8 In approving this rule change, the Commission notes that it has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). 9 *See* IFRA/IASB Adopting Release at 1006 (noting that moving towards a single set of globally accepted accounting standards will have positive effects on investors). Finally, the Commission finds good cause to approve the proposed rule change prior to the thirtieth day after the date of publication of the notice of filing. The Commission notes that approving the proposed rule change prior to the thirtieth day after the date of publication of the notice of filing will allow Nasdaq to immediately accept financial statements prepared in accordance with IFRS, as issued by the IASB, in accordance with changes recently made by the Commission that became effective March 4, 2008. 10 Further, as noted above, no comments were received on the proposed rule change. 10 *See* IFRS/IASB Adopting Release. *It is therefore ordered* , pursuant to section 19(b)(2) of the Act, 11 that the proposed rule change (SR-NASDAQ-2007-090), as modified by Amendment No. 1, be, and hereby is, approved on an accelerated basis. 11 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-4851 Filed 3-11-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57436; File No. SR-CBOE-2008-18] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to Delayed Start Option Series TM March 5, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on February 25, 2008, the Chicago Board Options Exchange, Incorporated (“CBOE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by CBOE. The Exchange filed the proposal as a “non-controversial” proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(iii). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend its rules pertaining to Delayed Start Option Series TM (“DSOs”) in order to:

(i)Change the exercise price increment parameters from the current maximum of one-eighth (0.125) to one (1.00); and

(ii)provide that the applicable market model parameters ( *e.g.* , trading platform, eligible categories of Market-Maker participants, allocation algorithms and other trading parameters) for the DSOs of a given index options class may be determined separate from the market model parameters applicable to the non-DSOs of the same index options class, and that the applicable DSO parameters may differ before and after the strike setting date. The text of the rule proposal is available on the Exchange's Web site ( *http://www.cboe.org/legal* ), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, CBOE included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. CBOE has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange recently received approval to list and trade a new type of security index option product called DSOs. 5 DSOs are identical to other options series that currently trade except that, instead of specifying a specific index value number for the exercise price, the exercise price is specified in terms of a specific method for fixing such a number. This method provides that the strike price is fixed based on the closing value of the underlying index on a predetermined date prior to their expiration (the “strike setting date”). The particular strike setting date and method for fixing the exercise price is specified prior to the time the DSO is initially opened for trading. In addition, the particular expiration date is also specified prior to the time the DSO is initially opened for trading. 5 *See* Securities Exchange Act Release No. 56855 (November 28, 2007), 72 FR 68610 (December 5, 2007) (SR-CBOE-2006-90). Before the initiation of trading in DSOs, the Exchange wishes to make certain changes to Rule 24.9(d) that will accommodate the integration of DSOs into the Exchange's various market models and systems. First, the Exchange is proposing to change the exercise price increment parameters from the current maximum of one-eighth (0.125) to one (1.00) (amounts greater than or equal to 0.50 would round up). By way of background, on the strike setting date, the DSO is assigned an at-the-money, in-the-money or out-of-the-money strike price. Under the current rules, a DSO's exercise price is fixed based on the closing value of the underlying index on the strike setting date and rounded to the nearest 0.125 value or such smaller value as the Exchange may designate at the time the DSO is listed, provided that the value cannot be smaller than 0.01. 6 For example, using a one-eighth interval, if the particular index underlying a DSO closes at 1004.12 on the strike setting date, an at-the-money DSO would be assigned a strike price of 1004.125. 7 In order to accommodate current system limitations relating to the rounding of strike prices for DSOs, the Exchange is proposing to revise the exercise price parameter from a maximum increment of 0.125 to 1.00. Under this revision, the DSO in the example above would be assigned a strike price of 1004.00. The Exchange is currently working on system changes that would accommodate a smaller strike price increment, and the Exchange intends to move to smaller increments once those changes are complete. As indicated in the current rule text, should the system functionality permit it in the future, the Exchange may determine to round a DSO to a value smaller that 1.00, provided that in all cases the increment would be designated at the time a DSO is listed and would not change thereafter, and that it would not be any smaller than 0.01. 8 6 Because of system limitations related to the rounding of strike prices for DSOs, the Exchange had previously planned to round DSO exercise prices to the nearest 0.125. However, should the system functionality permit it in the future, the Exchange built the flexibility into its rules to be able to determine to round DSO exercise prices to a smaller value provided that the particular increment would be designated at the time the DSO is listed and that it would not be any smaller than 0.01. *See* Rule 24.9(d)(2)(ii). 7 In-the-money and out-of-the-money DSOs trade in the exact same manner as at-the-money DSOs with the exception that the strike price would be set to a predetermined level either in-or out-of-the-money on strike setting date ( *e.g.* , 5% in-the-money, 5% out-of-the-money). For example, hypothetically, if the Exchange determines to list a 5% out-of-the-money DSO on the XYZ index and XYZ closes at 1000 on the strike setting date, the strike price would be established at 1050. 8 *See* note 6, *supra.* Second, the Exchange is proposing to adopt a provision regarding the applicable market model ( *e.g.* , trading platform, eligible Market-Maker participants, allocation algorithms and other trading parameters) for DSOs. Under the existing rules, the particular market model parameters are generally determined on a class-by-class basis and, once established, CBOE also has the authority to make changes to the applicable market model parameters for a given class. 9 The proposed provision would provide that the Exchange may separately determine the appropriate market model (and changes thereto) for DSOs. This will provide the Exchange with more flexibility to formulate market models particular to the DSOs overlying a given index. Under this provision, the Exchange would be able to determine to use trading platforms ( *e.g.* , the CBOE Hybrid Trading System, Hybrid 2.0 Platform and Hybrid 3.0 Platform), eligible categories of Market-Maker participants ( *e.g.* , Designated Primary Market-Makers (“DPMs”), Lead Market-Makers (“LMMs”), Market-Makers and Remote Market-Makers (“RMMs”)), allocation algorithms ( *e.g.* , UMA, price-time, or pro-rata priority with public customer, participation entitlement and market turner overlays) and other trading parameters for the DSOs of a given index options class that differ from the non-DSOs of the same class, and that differ for the periods before and after the DSO strike setting date. As indicated above, CBOE currently has the authority to change market model parameters now for standardized options. 9 *See, e.g.* , Rules 6.2B, 6.13, 6.13A, 6.14, 6.45B, 6.53C, 6.74, 6.74A and 8.14. For example, hypothetically, the non-DSOs of an options class overlying the XYZ index might trade on the Hybrid 3.0 Platform with an LMM market model. For the DSOs overlying the same XYZ index, the Exchange might determine to use the Hybrid Trading Platform with an LMM market model for the period from the initial listing to the strike setting date and then use the Hybrid 3.0 Platform with an LMM market model for the period from the strike setting date to expiration. 10 10 Thus, an LMM might be appointed to the XYZ DSOs from the initial listing to the strike setting date and another LMM appointed to the XYZ DSOs from the strike setting date to expiration. Alternatively, a DPM might be appointed to the XYZ DSOs during either period. These configurations would differ from the existing rules, which generally provide for the appointment of a DPM on a class basis or the appointment of an LMM(s) for a particular zone within a class on a monthly basis. *See, e.g.* , Rules 8.14, 8.15A and 8.83. To the extent the Exchange would determine to trade the DSOs of a given index option class on a trading platform that differs from the other series of that class, the Exchange is also proposing that a Market-Maker participant with an appointment in the overall index class may (but would not be required to) seek an appointment to those DSOs. Using the example above, a Market-Maker with an appointment in the XYZ index options may (but would not be required to) seek an appointment for the XYZ DSOs for the period from initial listing to the strike setting date. 11 To the extent that a Market-Maker participant does seek an appointment to trade DSOs on a trading platform that differs from the other series of a class, there would be no additional seat “appointment cost” applicable to that DSO appointment under Rules 8.3 and 8.4. 12 Lastly, the applicable continuous electronic quoting obligations would apply to only those series that the Market-Maker participant is able to quote electronically. 13 Using the same example, the Market-Maker would be required to provide continuous electronic quotes for 60% of the DSOs allocated to it in accordance with Rule 8.7 while those DSOs trade on the Hybrid Trading Platform. 11 In this particular scenario, a market-making appointment in the DSOs would be optional. The Exchange believes it is reasonable to not require a Market-Maker participant's appointment (and related market-making obligations) in an index class to apply to the related DSOs to the extent the DSOs are traded on a different platform. 12 A seat appointment cost applies to each options class traded on the Exchange. The applicable costs can vary based on, among other things, whether the class is traded on the Hybrid Trading System, Hybrid 2.0 Platform or Hybrid 3.0 Platform. *See* Rules 8.3(c) and 8.4(d). 13 For options trading on the Hybrid Trading System, Market-Makers and DPMs or LMMs, as applicable, are able to quote electronically. For options trading on the Hybrid 2.0 Platform, Market-Makers, RMMs and DPMs, e-DPMs or LMMs, as applicable, are able to quote electronically. For options trading on the Hybrid 3.0 Platform, only a single DPM or LMM, as applicable, is able to quote electronically. *See, e.g.* , Rules 1.1(aaa) and 8.14. 2. Statutory Basis The Exchange believes the proposed rule change is consistent with the Act and the rules and regulations thereunder and, in particular, the requirements of Section 6(b) of the Act. 14 Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 15 requirements that the rules of an exchange be designed to promote just and equitable principles of trade, to prevent fraudulent and manipulative acts, to remove impediments to and to perfect the mechanism for a free and open market and a national market system, and, in general, to protect investors and the public interest. 14 15 U.S.C. 78f(b). 15 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition CBOE does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange neither solicited nor received comments on the proposal. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not:

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

(ii)impose any significant burden on competition; and

(iii)become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, it has become effective pursuant to Section 19(b)(3)(A) of the Act 16 and Rule 19b-4(f)(6) thereunder. 17 16 15 U.S.C. 78s(b)(3)(A). 17 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires that a self-regulatory organization submit to the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Commission notes that the Exchange has satisfied the five-day pre-filing notice requirement. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-CBOE-2008-18 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-CBOE-2008-18. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of CBOE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CBOE-2008-18 and should be submitted on or before April 2, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 18 18 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-4837 Filed 3-11-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57441; File No. SR-ISE-2007-95] Self-Regulatory Organizations; International Securities Exchange, LLC; Order Approving a Proposed Rule Change, as Modified by Amendment Nos. 2 and 3, Relating to Reserve Orders March 6, 2008. On October 12, 2007, the International Securities Exchange, LLC (“ISE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 a proposed rule change to establish a new order type called Reserve Orders. The ISE filed Amendment Nos. 1 and 2 to the proposal on January 17, 2008. 3 The ISE filed Amendment No. 3 to the proposal on January 25, 2008. 4 The proposed rule change, as modified by Amendment Nos. 2 and 3, was published for comment in the **Federal Register** on February 1, 2008. 5 The Commission received no comment letters regarding the proposal, as modified by Amendment Nos. 2 and 3. This order approves the proposed rule change, as modified by Amendment Nos. 2 and 3. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 Amendment No. 2 replaces the original filing and Amendment No. 1 in their entirety. 4 Amendment No. 3 clarifies portions of the purpose section of the proposed rule change. 5 Securities Exchange Act Release No. 57207 (January 25, 2008), 73 FR 6225. The Exchange proposes to amend ISE Rule 715, “Types of Orders,” to add a new order type, Reserve Orders. 6 A Reserve Order is a single-sided limit order that has both a displayed portion and a non-displayed or reserve portion, both of which are available for execution against incoming marketable orders. 7 Non-marketable Reserve Orders rest on the book. 8 The non-displayed portion of a Reserve Order will be available for execution only after all displayed interest at that price has been executed. 9 Both the displayed and the non-displayed portions of a Reserve Order will be ranked initially by the specified limit price and time of entry, and both the displayed and non-displayed portions of a Reserve Order will trade in accordance with the priority and allocation provisions in ISE Rule 713. 10 6 The ISE also proposes to revise paragraphs (c), (d), and

(e)of ISE Rule 713, “Priority of Quotes and Orders,” to reflect the implementation of Reserve Orders. 7 *See* ISE Rule 715(g)(1). 8 *See* ISE Rule 715(g)(1). 9 *See* ISE Rule 715(g)(5). 10 *See* ISE Rule 715(g)(2), (3), and (5). When the displayed portion of a Reserve Order has been decremented, in whole or in part, it will be refreshed from the non-displayed portion of the resting Reserve Order. Upon any refresh, the entire displayed portion of the order will be ranked at the specified limit price, assigned a new entry time ( *i.e.* , the time that the newly displayed portion of the order was refreshed), and given priority in accordance with ISE Rule 713. 11 Any remaining non-displayed portion of the order will receive the same time stamp as the newly displayed portion of the order. 12 11 *See* ISE Rule 715(g)(4). 12 *See* ISE Rule 715(g)(5). The Commission finds that the proposed rule change, as amended, is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 13 Specifically, the Commission finds that the proposal is consistent with Section 6(b)(5) of the Act, 14 which requires, in part, that the rules of a national securities exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. 13 In approving this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 14 15 U.S.C. 78f(b)(5). The Commission believes that Reserve Orders will provide market participants with greater flexibility in displaying and managing their orders. This may encourage market participants to bring liquidity to the Exchange that they might not otherwise have submitted. In addition, because the ISE's rules provide that the non-displayed portion of a Reserve Order will be available for execution only after all displayed interest at that price has been executed, 15 there is an incentive for market participants to display their trading interest. The Commission also notes that the rules of another options exchange provide for the use of reserve orders, 16 as do the rules of several exchanges trading equity securities. 17 15 *See* ISE Rule 715(g)(5). 16 *See* NYSE Arca Rules 6.62(c)(3) and 6.76(a). In addition, the NASDAQ Stock Market LLC (“Nasdaq”) has proposed to use Reserve Orders on the Nasdaq Options Market (“NOM”). *See* Securities Exchange Act Release No. 55667 (April 25, 2007), 72 FR 23869 (May 1, 2007) (File No. SR-NASDAQ-2007-004) (notice of filing of a proposal to establish rules governing trading on NOM). 17 *See e.g.* , Amex Rule 131(s)-AEMI, NYSE Rule 204(d), Nasdaq Rule 4757(f)(2), and NYSE Arca Equities Rule 7.31(h)(e). *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, 18 that the proposed rule change (SR-ISE-2007-95), as modified by Amendment Nos. 2 and 3, is approved. 18 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 19 19 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-4838 Filed 3-11-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57442; File No. SR-NYSE-2008-13] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Delete From Section 802.01E of the Exchange's Listed Company Manual Text That is No Longer Relevant March 6, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 4 and Rule 19b-4 thereunder, 5 notice is hereby given that on February 14, 2008, the New York Stock Exchange LLC (“NYSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II and III below, which Items have been substantially prepared by the Exchange. The Exchange filed the proposal pursuant to Section 19(b)(3)(A)(iii) of the Act 6 and Rule 19b-4(f)(6) thereunder. 7 The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 4 15 U.S.C. 78s(b)(1). 5 17 CFR 240.19b-4. 6 15 U.S.C. 78s(b)(3)(A)(iii). 7 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Section 802.01E of the Exchange's Listed Company Manual (“Manual”) to delete a provision that ceased by its terms to be applied on December 31, 2007. The text of the proposed rule change is available on the Exchange's Web site ( *http://www.nyse.com* ) and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The NYSE has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Section 802.01E of the Manual contains a provision that gives the Exchange discretion to allow certain companies to remain listed if their annual reports are delayed beyond 12 months after the required filing date because such a company may have a position in the market (relating to both the nature of its business and its very large publicly-held market capitalization) such that its delisting from the Exchange would be significantly contrary to the national interest and the interests of public investors. This provision expired on December 31, 2007. As the period to which the provision relates has ended, it no longer has any effect and the Exchange wishes to delete it from the Manual. 2. Statutory Basis The basis under the Act for this proposed rule change is the requirement under Section 6(b)(5) 8 that an exchange have rules that are designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to remove impediments to, and perfect the mechanism of a free and open market, and, in general, to protect investors and the public interest. 8 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing rule does not

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

(ii)impose any significant burden on competition; and

(iii)become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, provided that the Exchange has given the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change or such shorter time as designated by the Commission, 9 the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 10 and Rule 19b-4(f)(6) thereunder. 11 9 The Exchange has fulfilled this requirement. 10 15 U.S.C. 78s(b)(3)(A). 11 17 CFR 240.19b-4(f)(6). Under Rule 19b-4(f)(6) of the Act, 12 the proposal does not become operative for 30 days after the date of its filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest. The Exchange has requested that the Commission waive the 30-day operative date, so that the proposal may take effect upon filing. The Exchange believes that the proposed rule change does not raise any new regulatory issues. The Commission agrees because the proposal is simply deleting outdated material from the Manual. Therefore, consistent with the protection of investors and the public interest, the Commission has determined to waive the 30-day operative date so that the proposal may become operative upon filing. 13 12 *Id.* 13 For purposes only of waiving the 30-day operative delay of this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-NYSE-2008-13 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSE-2008-13. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2008-13 and should be submitted on or before April 2, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 14 14 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-4839 Filed 3-11-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57434; File No. SR-Phlx-2008-19] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Specialist Option Transaction Charge Credit Pilot Program March 5, 2008. Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (“Act”) and Rule 19b-4 thereunder, 2 notice is hereby given that on February 28, 2008, Philadelphia Stock Exchange, Inc. (“Phlx” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. The Exchange filed the proposed rule change pursuant to Section 19(b)(3)(A) of the Act, 3 and Rule 19b-4(f)(2) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C.78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change Phlx proposes to expand the Exchange's current $0.21 per contract specialist option transaction charge credit pilot program and to amend the Exchange's fee schedule to include all customer orders that are delivered electronically by Phlx XL 5 and subsequently executed via the Intermarket Option Linkage (“Linkage”) 6 as a Principal Acting as Agent (“P/A”) order. 7 5 Phlx XL, formerly referred to as AUTOM, is the Exchange's electronic options trading platform. *See* Exchange Rule 1080. 6 Linkage is governed by the Options Linkage Authority under the conditions set forth under the Plan for the Purpose of Creating and Operating an Intermarket Option Linkage (the “Plan”) approved by the Securities and Exchange Commission. The registered U.S. options markets are linked together on a real-time basis through a network capable of transporting orders and messages to and from each market. 7 A P/A order is an order for the principal account of a specialist (or equivalent entity on another participant exchange that is authorized to represent public customer orders), reflecting the terms of a related unexecuted public customer order for which the specialist is acting as agent. *See* Plan for the Purpose of Creating and Operating an Intermarket Option Linkage Section 2(16)(a) and Exchange Rule 1083. While changes to the fee schedule pursuant to this proposal are effective upon filing, the Exchange has designated the changes to be in effect for transactions settling on or after March 1, 2008 through July 31, 2008. 8 The text of the proposed rule change is available at Phlx, the Commission's Public Reference Room, and at *http://www.phlx.com.* 8 This proposal is scheduled to be in effect for the same time period as fees for Linkage Principal (“P”) and P/A orders. See Securities Exchange Act Release No. 56166 (July 30, 2007), 72 FR 43312 (August 3, 2007) (SR-Phlx--2007-52). II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this proposed rule change is to expand the Exchange's current specialist option transaction charge credit pilot program and to amend the Exchange's fee schedule to include all customer orders that are delivered electronically by Phlx XL and subsequently executed via Linkage as a P/A order. The Exchange options specialist units incur a $0.21 per contract option transaction charge when they execute against the customer order that corresponds with the order that was delivered either through Phlx XL or Exchange's Options Floor Broker Management System 9 (“FBMS”) to the limit order book and subsequently executed at another exchange via Linkage as a P/A order. Currently, the Exchange provides for an option transaction charge credit of $0.21 per contract for Exchange options specialist units that incur Phlx option transaction charges when a customer order is delivered to the limit order book via the FBMS and then is executed via Linkage as a P/A Order. 10 9 FBMS is designed to enable Floor Brokers and/or their employees to enter, route and report transactions stemming from options orders received on the Exchange. FBMS also is designed to establish an electronic audit trail for options orders represented and executed by Floor Brokers on the Exchange, such that the audit trail provides an accurate, time-sequenced record of electronic and other orders, quotations and transactions on the Exchange, beginning with the receipt of an order by the Exchange, and further documenting the life of the order through the process of execution, partial execution, or cancellation of that order. *See* Exchange Rule 1080, Commentary .06. 10 *See* Securities Exchange Act Release No. 56101 (July 19, 2007), 72 FR 40920 (July 25, 2007) (SR-Phlx-2007-50). This proposal seeks to expand the $0.21 credit to include all customer orders that are delivered electronically by Phlx XL, not just FBMS orders, and that are subsequently executed via Linkage as a P/A order. The purpose of this proposal is to help alleviate the potential economic burden of multiple transaction charges imposed on Exchange specialist units in connection with routing these types of Linkage orders. The Exchange believes it is appropriate to assist specialist units in offsetting some of the costs that they incur in routing orders to other options exchanges in order to obtain the National Best Bid or Offer. By expanding the option transaction charge credit to all electronically delivered orders as described above, the Exchange should remain competitive with other exchanges with respect to the assessment of Linkage-related fees. 3. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Act, 11 in general, and furthers the objectives of Section 6(b)(4) of the Act, 12 in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among Exchange members. The expanded $0.21 credit should help alleviate the undue financial burden of multiple transaction charges that are incurred by these specialist units in connection with P/A orders executed via Linkage. 11 15 U.S.C. 78f(b). 12 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change is effective upon filing pursuant to Section 19(b)(3)(A)(ii) 13 of the Act and Rule 19b-4(f)(2) 14 thereunder because it establishes or changes a due, fee, or other charge applicable only to a member imposed by the Exchange. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 13 15 U.S.C. 78s(b)(3)(A)(ii). 14 17 CFR 240.19b-4(f)(2). IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-Phlx-2008-19 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Phlx-2008-19. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro/shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing will also be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR-Phlx-2008-19 and should be submitted on or before April 2, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 15 15 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-4822 Filed 3-11-08; 8:45 am] BILLING CODE 8011-01-P DEPARTMENT OF STATE [Public Notice 6130] Certification Concerning the Bolivian Military Under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Pub. L. 109-102), as Carried Forward Under the Revised Continuing Appropriations Resolution, 2007 (Pub. L. 110-5) Pursuant to the authority vested in me as Deputy Secretary of State, including under the heading “Andean Counterdrug Initiative” in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Pub. L. 109-102), as carried forward under the Revised Continuing Appropriations Resolution, 2007 (Pub. L. 110-5), and State Department Delegation of Authority 245, I hereby certify that the Bolivian military is respecting human rights, and civilian judicial authorities are investigating and prosecuting, with the military's cooperation, military personnel who have been implicated in gross violations of human rights. This Determination shall be transmitted to the Congress and published in the **Federal Register** . Dated: March 4, 2008. John D. Negroponte, Deputy Secretary of State, Department of State. [FR Doc. E8-4965 Filed 3-11-08; 8:45 am] BILLING CODE 4710-29-P DEPARTMENT OF STATE [Delegation of Authority No. 309] Delegation by the Secretary of State to the Assistant Secretary for European Affairs of Authorities Vested in or Delegated to the Under Secretary of State for Political Affairs By virtue of the authority vested in the Secretary of State, including the authority of section 1 of the State Department Basic Authorities Act, as amended (22 U.S.C. 2651a), I hereby delegate to the Assistant Secretary of State for European Affairs, to the extent authorized by law, all authorities and functions vested in the Under Secretary of State for Political Affairs by any act, order, determination, delegation of authority, regulation, or executive order, now or hereafter issued. This delegation includes all authorities and functions that have been or may be delegated or redelegated by the Under Secretary to other Department officials but does not repeal delegations to such officials. This delegation to the Assistant Secretary includes State Department Delegation DA-284, which authorizes the Under Secretary for Political Affairs to exercise the authorities and functions of the Secretary or the Deputy Secretary “when both the Secretary of State and the Deputy Secretary of State are absent or otherwise unavailable or when either the Secretary or the Deputy requests that the Under Secretary exercise such authorities and functions.” This delegation of authority to the Assistant Secretary shall enter into force on March 1, 2008, and shall expire upon the appointment and entry upon duty of a new Under Secretary for Political Affairs. Notwithstanding this delegation of authority, the Secretary of State and the Deputy Secretary of State may exercise any function or authority covered by this delegation. This delegation of authority shall be published in the **Federal Register** . Dated: February 29, 2008. Condoleezza Rice, Secretary of State, Department of State. [FR Doc. E8-4856 Filed 3-11-08; 8:45 am] BILLING CODE 4710-10-P TENNESSEE VALLEY AUTHORITY Paperwork Reduction Act of 1995, as amended by Public Law 104-13; Submission for OMB Review; Comment Request AGENCY: Tennessee Valley Authority. ACTION: Submission for OMB Review; Comment Request. SUMMARY: The proposed information collection described below will be submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). The Tennessee Valley Authority is soliciting public comments on this proposed collection as provided by 5 CFR 1320.8(d)(1). Requests for information, including copies of the information collection proposed and supporting documentation, should be directed to the Agency Clearance Officer: Mark R. Winter, Tennessee Valley Authority, 1101 Market Street (EB 5B), Chattanooga, Tennessee 37402-2801;

(423)751-6004. Comments should be sent to OMB Office of Information & Regulatory Affairs, Attention: Desk Officer for Tennessee Valley Authority, no later than April 11, 2008. SUPPLEMENTARY INFORMATION: *Type of Request:* Regular Submission; proposal for a reinstatement of a previously approved collection (OMB control number 3316-0009). *Title of Information Collection:* Salary Surveys for Engineering Association

(EA)and Law Enforcement Employee Association

(LEEA)Bargaining Unit Employees. *Frequency of Use:* Every one to three years. *Type of Affected Public:* State or local governments, Federal agencies, non-profit institutions, businesses, or other for-profit. *Small Business or Organizations Affected:* EA: 30 LEEA: 20. *Federal Budget Functional Category Code:* 999. *Estimated Number of Annual Responses:* EA: 30 LEEA: 20. *Estimated Total Annual Burden Hours:* EA: 120 LEEA: 60. *Estimated Average Burden Hours Per Response:* EA: 4 LEEA: 3. *Need For and Use of Information:* TVA conducts a survey for employee compensation and benefits every one to three years as a basis for labor negotiations in determining prevailing rates of pay and benefits for represented employees. TVA surveys firms, and Federal, State, and local governments whose employees perform work similar to that of TVA's employees. Steven A. Anderson, Senior Manager, IT Planning & Governance, Information Services. [FR Doc. 08-1006 Filed 3-11-08; 8:45 am]

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U.S. Code