Notices. Notice of a bulletin

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

BILLING CODE 6560-50-M FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested March 12, 2008. SUMMARY: As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act

(PRA)of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission invites the general public and other Federal agencies to comment on the following information collection(s). Comments are requested concerning

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

(b)the accuracy of the Commission's burden estimate;

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

(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. An agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid OMB control number. DATES: Written PRA comments should be submitted on or before May 19, 2008. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Submit your comments by e-mail to *PRA@fcc.gov* . Include in the e-mail the OMB control number of the collection or, if there is no OMB control number, the Title shown in the SUPPLEMENTARY INFORMATION section below. If you are unable to submit your comments by e-mail contact the person listed below to make alternate arrangements. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s) or to obtain a copy of the collection send an e-mail to *PRA@fcc.gov* and include the collection's OMB control number as shown in the SUPPLEMENTARY INFORMATION section below (or the title of the collection if there is no OMB control number), or call Leslie F. Smith at

(202)418-0217. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-0734. *Title:* Sections 53,209, 53.211 and 53.213—Accounting Safeguards; Sections 271-276 of the Communications Act of 1934, as amended. *Form Number:* N/A. *Type of Review:* Extension of a currently approved collection. *Respondents:* Businesses or other for-profit. *Number of Respondents and Responses:* 45 respondents; 240 responses. *Estimated Time per Response:* 72-19,200 hours. *Obligation to Respond:* Required to obtain or retain a benefit. *See* Section 272(f)(1) Sunset of the BOC Separate Affiliate and Related Requirements, *et al.* , WC Docket No. 02-112, 22 FCC Rcd 16440 (2007). *Frequency of Response:* On occasion and biennial reporting requirements; third party disclosure requirement; and recordkeeping requirement. *Total Annual Burden:* 265,581 hours. *Total Annual Cost:* $1,500,000. *Privacy Act Impact Assessment:* No impacts. *Nature and Extent of Confidentiality:* The Commission is not requesting that the respondents submit confidential information to the FCC. Respondents may, however, request confidential treatment for information they believe to be confidential under 47 CFR Section 0.459 of the Commission's rules. *Needs and Uses:* A Bell Operating Company

(BOC)may choose from among three regulatory regimes in its provision of in-region, interstate, interLATA (Local Access and Transport Area) telecommunications services. One of these regimes is the regime set forth in section 272 of the Communications Act and the Commission's implementing rules, 47 CFR section 272. Under this regime, a BOC and its section 272 affiliate may not jointly own transmission and switching equipment. The separate section 272 affiliate must maintain separate books of account and have separate officers and directors. The separate section 272 affiliate may not obtain credit under arrangements that would permit the creditor to look to the assets of the BOC. The section 272 affiliate must conduct all transactions with the BOC on an arm's length basis, pursuant to the Commission's affiliate transaction rules, with the terms and conditions of such transactions reduced to writing and available for public inspection on the Internet. Section 272(d) states that companies required to maintain a separate affiliate “shall obtain and pay for a Federal/State audit every two years conducted by an independent auditor to determine whether such company has complied with this section and the regulations promulgated under this section, and particularly whether such company has complied with the separate accounting requirements under [section 272(b)].” These information collection requirements are intended to prevent discrimination, cost misallocation and other anti-competitive conduct by the BOCs. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-5407 Filed 3-17-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [Report No. 2854] Petition for Reconsideration of Action in Rulemaking Proceeding March 5, 2008. A Petition for Reconsideration has been filed in the Commission's Rulemaking proceeding listed in this Public Notice and published pursuant to 47 CFR Section 1.429(e). The full text of this document is available for viewing and copying in Room CY-B402, 445 12th Street, SW., Washington, DC or may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc.

(BCPI)(1-800-378-3160). Oppositions to this petition must be filed by April 2, 2008. See Section 1.4(b)(1) of the Commission's rules (47 CFR 1.4(b)(1)). Replies to an opposition must be filed within 10 days after the time for filing oppositions have expired. *Subject:* In the Matter of Amendment of Parts 13 and 80 of the Commission's Rules Concerning Maritime Communications (WT Docket No. 00-48). *Number of Petitions Filed:* 1. Marlene H. Dortch, Secretary. [FR Doc. E8-5405 Filed 3-17-08; 8:45 am] BILLING CODE 6712-01-P GENERAL SERVICES ADMINISTRATION [FMR Bulletin PBS-2008–B5] Federal Management Regulation; Redesignations of Federal Buildings AGENCY: Public Buildings Service (P), GSA. ACTION: Notice of a bulletin. SUMMARY: The attached bulletin announces the redesignations of three Federal buildings. *Expiration Date:* This bulletin expires August 1, 2008. However, the building redesignations announced by this bulletin will remain in effect until canceled or superseded. FOR FURTHER INFORMATION CONTACT: General Services Administration, Public Buildings Service (P), Attn: Anthony E. Costa, 1800 F Street, NW., Washington, DC 20405, e-mail at *anthony.costa@gsa.gov.*

(202)501-1100. Dated: March 4, 2008. Lurita Doan, Administrator of General Services. *To:* Heads of Federal Agencies. *Subject:* Redesignations of Federal Buildings. 1. *What is the purpose of this bulletin?* This bulletin announces the redesignations of three Federal buildings. 2. *When does this bulletin expire?* This bulletin expires August 1, 2008. However, the building redesignations announced by this bulletin will remain in effect until canceled or superseded. 3. *Redesignations.* The former and new names of the redesignated buildings are as follows: Former name New name United States Courthouse, 301 North Miami Avenue, Miami, FL 33128 C. Clyde Atkins United States Courthouse, 301 North Miami Avenue, Miami, FL 33128. Federal Building, 210 Walnut Street, Des Moines, IA 50309 Neal Smith Federal Building, 210 Walnut Street, Des Moines, IA 50309. Federal Building and United States Courthouse, 100 East 8th Avenue, Pine Bluff, AR 71601 George Howard, Jr. Federal Building and United States Courthouse, 100 East 8th Avenue, Pine Bluff, AR 71601. 4. *Who should we contact for further information regarding redesignation of these Federal Buildings?* U.S. General Services Administration, Public Buildings Service (P), Attn: Anthony E. Costa, 1800 F Street, NW., Washington, DC 20405, telephone number:

(202)501-1100, e-mail at *anthony.costa@gsa.gov.* Dated: March 4, 2008. Lurita Doan, Administrator of General Services. [FR Doc. E8-5395 Filed 3-17-08; 8:45 am] BILLING CODE 6820-23-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Meeting ACTION: Meeting announcement. SUMMARY: This notice announces the meeting date for the 21st meeting of the American Health Information Community in accordance with the Federal Advisory Committee Act (Pub. L. No. 92-463, 5 U.S.C., App.) The American Health Information Community will advise the Secretary and recommend specific actions to achieve a common interoperability framework for health information technology (IT). MEETING DATE: April 22, 2008, from 8:30 a.m. to 3 p.m. (Eastern). ADDRESSES: Hubert H. Humphrey building (200 Independence Avenue, SW., Washington, DC 20201), Conference Room 800. SUPPLEMENTARY INFORMATION: The meeting will include Workgroup presentations on Recommendations to the Community; a discussion on Priorities and Use Case Options and an update on the AHIC Successor. FOR FURTHER INFORMATION CONTACT: visit *http://www.hhs.gov/healthit/ahic.html.* A Web cast of the Community meeting will be available on the NIH website at: *http://www.videocast.nih.gov/.* If you have special needs for the meeting, please contact

(202)690-7151. Dated: March 7, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-5154 Filed 3-17-08; 8:45 am] BILLING CODE 4150-45-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Quality Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 17th meeting of the American Health Information Community Quality Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. No. 92-463, 5 U.S.C., App.). DATES: April 30, 2008, from 1 p.m. to 4 p.m. (Eastern). ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 4090 (please bring photo ID for entry to a Federal building). FOR FURTHER INFORMATION CONTACT: *http://www.hhs.gov/healthit/ahic/quality/.* SUPPLEMENTARY INFORMATION: The Workgroup will continue its discussion on how health information technology can provide the data needed for the development of quality measures that are useful to patients and others in the health care industry, automate the measurement and reporting of a comprehensive current and future set of quality measures, and accelerate the use of clinical decision support that can improve performance on those quality measures. The meeting will be available via Web cast. For additional information, go to: *http://www.hhs.gov/healthit/ahic/quality/quality_instruct.html* . Dated: March 6, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-5157 Filed 3-17-08; 8:45 am] BILLING CODE 4150-45-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Electronic Health Records Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 22nd meeting of the American Health Information Community Electronic Health Records Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. No. 92-463, 5 U.S.C., App.) DATES: April 29, 2008, from 1 p.m. to 4 p.m. (Eastern). ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 4090. Please bring photo ID for entry to a Federal building. FOR FURTHER INFORMATION CONTACT: *http://www.hhs.gov/healthit/ahic/healthrecords/* SUPPLEMENTARY INFORMATION: The Workgroup will continue its discussion on ways to achieve widespread adoption of certified EHRs, minimizing gaps in adoption among providers. The meeting will be available via Web cast. For additional information, go to: *http://www.hhs.gov/healthit/ahic/healthrecords/ehr_instruct.html* . Dated: March 6, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-5158 Filed 3-17-08; 8:45 am] BILLING CODE 4150-45-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Consumer Empowerment Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 25th meeting of the American Health Information Community Consumer Empowerment Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. No. 92-463, 5 U.S.C., App.) DATES: April 15, 2008, from 1 p.m. to 4 p.m. (Eastern). ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 4090. Please bring photo ID for entry to a Federal building. FOR FURTHER INFORMATION CONTACT: *http://www.hhs.gov/healthit/ahic/consumer/.* SUPPLEMENTARY INFORMATION: The Workgroup will continue its discussion on how to encourage the widespread adoption of a personal health record that is easy to use, portable, longitudinal, affordable, and consumer-centered. The meeting will be available via Web cast. For additional information, go to: *http://www.hhs.gov/healthit/ahic/consumer/ce_instruct.html* . Dated: March 6, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-5159 Filed 3-17-08; 8:45 am] BILLING CODE 4150-45-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Chronic Care Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 24th meeting of the American Health Information Community Chronic Care Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. No. 92-463, 5 U.S.C., App.) DATES: April 9, 2008, from 1 p.m. to 4 p.m., Eastern Time. ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 4090. Please bring photo ID for entry to a Federal building. FOR FURTHER INFORMATION CONTACT: *http://www.hhs.gov/healthit/ahic/chroniccare/* SUPPLEMENTARY INFORMATION: The workgroup will hear testimony on ways to use information technology to better coordinate care for patients with chronic conditions and will discuss this information in light of opportunities to better facilitate patient care coordination. The meeting will be available via Web cast. For additional information, go to: *http://www.hhs.gov/healthit/ahic/chroniccare/cc-instruct.html.* Dated: March 6, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-5160 Filed 3-17-08; 8:45 am] BILLING CODE 4150-45-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Personalized Healthcare Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 14th meeting of the American Health Information Community Personalized Healthcare Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. No. 92-463, 5 U.S.C., App.). DATES: April 7, 2008, from 1 p.m. to 4 p.m. [Eastern Time]. ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 4090. Please bring photo ID for entry to a Federal building. FOR FURTHER INFORMATION CONTACT: *http://www.hhs.gov/healthit/ahic/healthcare/* SUPPLEMENTARY INFORMATION: The Workgroup will discuss possible common data standards to incorporate interoperable, clinically useful genetic/genomic information and analytical tools into Electronic Health Records

(EHRs)to support clinical decision-making for the clinician and consumer. The meeting will be available via Web cast. For additional information, go to: *http://www.hhs.gov/healthit/ahic/healthcare/phc_instruct.html* . Dated: March 6, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-5161 Filed 3-17-08; 8:45 am] BILLING CODE 4150-45-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Population Health and Clinical Care Connections Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 25th meeting of the American Health Information Community Population Health and Clinical Care Connections Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. No. 92-463, 5 U.S.C., App.) DATES: April 3, 2008, from 1 p.m. to 4 p.m. (Eastern Time). ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 4090 (please bring photo ID for entry to a Federal building). FOR FURTHER INFORMATION CONTACT: *http://www.hhs.gov/healthit/ahic/population/.* SUPPLEMENTARY INFORMATION: The Workgroup will continue its discussion on how to facilitate the flow of reliable health information among population health and clinical care systems necessary to protect and improve the public's health. The meeting will be available via Web cast. For additional information, go to: *http://www.hhs.gov/healthit/ahic/population/pop_instruct.html* . Dated: March 6, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-5162 Filed 3-17-08; 8:45 am] BILLING CODE 4150-45-M 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): Occupational Safety and Health Training Project Grants Announcement for Research

(PAR)06-484 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.-3:30 p.m., April 1, 2008 (Closed). *Place:* NIOSH, 2400 Century Parkway, Conference Room 4211-NIOSH-2, Atlanta, GA 30345. *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 Occupational Safety and Health Training Project Grants, PAR 06-484.” *Contact Person for More Information:* Charles N. Rafferty, Ph.D., Assistant Director for Review and Policy Office of Extramural Program, Office of Extramural Coordination and Special Projects, NIOSH, CDC, 2400 Century Parkway, NE., Atlanta, GA 30345, Telephone

(404)498-2500. 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 12, 2008. Diane Allen, Acting Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-5376 Filed 3-17-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2008-N-0157 (formerly 2007N-0105)] Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Mental Models Study of Food Terrorism Risk Awareness AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration

(FDA)is announcing that a collection of information entitled “Mental Models Study of Food Terrorism Risk Awareness” has been approved by the Office of Management and Budget

(OMB)under the Paperwork Reduction Act of 1995. FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of the Chief Information Officer (HFA-250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-4659. SUPPLEMENTARY INFORMATION: In the **Federal Register** of July 24, 2007 (72 FR 40309), the agency announced that the proposed information collection had been submitted to OMB for review and clearance under 44 U.S.C. 3507. 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. OMB has now approved the information collection and has assigned OMB control number 0910-0618. The approval expires on February 28, 2011. A copy of the supporting statement for this information collection is available on the Internet at *http://www.reginfo.gov/public/do/PRAMain* . Dated: March 10, 2008. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E8-5361 Filed 3-17-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2008-N-0162] Agency Information Collection Activities; Proposed Collection; Comment Request; Prescription Drug Product Labeling: Medication Guide Requirements 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 regulations requiring the distribution of patient labeling, called Medications Guides, for certain products that pose a serious and significant public health concern requiring distribution of FDA-approved patient medication. DATES: Submit written or electronic comments on the collection of information by May 19, 2008. ADDRESSES: Submit electronic comments on the collection of information to *http://www.regulations.gov* . Submit written comments on the collection of information to 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 assumption 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. Prescription Drug Product Labeling: Medication Guide Requirements (OMB Control Number 0910-0393)—Extension FDA regulations require the distribution of patient labeling, called Medication Guides, for certain prescription human drug and biological products used primarily on an outpatient basis that pose a serious and significant public health concern requiring distribution of FDA-approved patient medication information. These Medication Guides inform patients about the most important information they should know about these products in order to use them safely and effectively. Included is information such as the drug's approved uses, contraindications, adverse drug reactions, and cautions for specific populations, with a focus on why the particular product requires a Medication Guide. These regulations are intended to improve the public health by providing information necessary for patients to use certain medications safely and effectively. The regulations contain the following reporting requirements that are subject to the PRA. The estimates for the burden hours imposed by the following regulations are listed in table 1 of this document: • 21 CFR 208.20—Applicants must submit draft Medication Guides for FDA approval according to the prescribed content and format. • 21 CFR 208.24(e)—Each authorized dispenser of a prescription drug product for which a Medication Guide is required, when dispensing the product to a patient or to a patient's agent, must provide a Medication Guide directly to each patient unless an exemption applies under § 208.26 (21 CFR 208.26). • Section 208.26(a)—Requests may be submitted for exemption or deferral from particular Medication Guide content or format requirements. • 21 CFR 314.70(b)(3)(ii) and 21 CFR 601.12(f)—Application holders must submit changes to Medication Guides to FDA for prior approval as supplements to their applications. 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 208.20 10 1 10 320 3,200 208.24(e) 59,000 5,000 295 million .0014 413,000 208.26(a) 1 1 1 4 4 314.70(b)(3)(ii) and 601.12(f) 5 1 5 72 360 Total 416,564 Please note that on January 15, 2008, the FDA Division of Dockets Management Web site transitioned to the Federal Dockets Management System (FDMS). FDMS is a Government-wide, electronic docket management system. Electronic comments or submissions will be accepted by FDA through FDMS only. Dated: March 11, 2008. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E8-5384 Filed 3-17-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2007F-0478] Kemira Oyj; Filing of Food Additive Petition (Animal Use); Partially Ammoniated Formic Acid; Correction AGENCY: Food and Drug Administration, HHS. ACTION: Notice; correction. SUMMARY: The Food and Drug Administration

(FDA)is correcting a document announcing the filing of a food additive petition that appeared in the **Federal Register** of January 11, 2008. FDA is correcting the name of the petitioner which was misspelled during document drafting. DATES: This correction is effective March 18, 2008. FOR FURTHER INFORMATION CONTACT: George K. Haibel, Center for Veterinary Medicine (HFV-6), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-267-9019, e-mail: *george.haibel@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: In FR Doc. E8-316, published on January 11, 2008 (73 FR 2055), the following correction is made: On page 2055, in the second column, in the SUMMARY and SUPPLEMENTARY INFORMATION sections, “Oyi” is corrected to read “Oyj”. Dated: March 7, 2008. Bernadette Dunham, Director, Center for Veterinary Medicine. [FR Doc. E8-5453 Filed 3-17-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Meeting of the Advisory Committee on Organ Transplantation AGENCY: Health Resources and Services Administration, HHS. ACTION: Notice of Meeting of the Advisory Committee on Organ Transplantation. SUMMARY: Pursuant to Public Law 92-463, the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the fourteenth meeting of the Advisory Committee on Organ Transplantation (ACOT), Department of Health and Human Services (HHS). The meeting will be held from approximately 9 a.m. to 5:30 p.m. on May 5, 2008, and from 9 a.m. to 3 p.m. on May 6, 2008, at the Hilton Washington D.C./Rockville Executive Meeting Center, 1750 Rockville Pike, Rockville, MD 20852. The meeting will be open to the public; however, seating is limited and pre-registration is encouraged (see below). SUPPLEMENTARY INFORMATION: Under the authority of 42 U.S.C. Section 217a, Section 222 of the Public Health Service Act, as amended, and 42 CFR 121.12 (2000), ACOT was established to assist the Secretary in enhancing organ donation, ensuring that the system of organ transplantation is grounded in the best available medical science, and assuring the public that the system is as effective and equitable as possible, and, thereby, increasing public confidence in the integrity and effectiveness of the transplantation system. ACOT is composed of up to 25 members, including the Chair. Members are serving as Special Government Employees and have diverse backgrounds in fields such as organ donation, health care public policy, transplantation medicine and surgery, critical care medicine and other medical specialties involved in the identification and referral of donors, non-physician transplant professions, nursing, epidemiology, immunology, law and bioethics, behavioral sciences, economics and statistics, as well as representatives of transplant candidates, transplant recipients, organ donors, and family members. ACOT will hear presentations on the “Kidney Disease Outcome Quality Initiative/Early Kidney Transplantation Conference” held on March 19-20, 2007; adolescent/medication nonadherence/transitioning from pediatric-adolescent care to adult care; revised informed consent recommendation; recovery/allocation/transplantation practices outside the United States; and a final report on the economics of transplantation. The four ACOT work groups also will update the full Committee on their deliberations on informed consent, sources of funding for additional data collection, reducing pediatric deaths on the waitlist, and xenotransplantation. The draft meeting agenda will be available on April 21 on the Department's donation Web site at *http://www.organdonor.gov/acot.html* . A registration form will be available on April 7 on the Department's donation Web site at *http://www.organdonor.gov/acot.html* . The completed registration form should be submitted by facsimile to Professional and Scientific Associates (PSA), the logistical support contractor for the meeting, at fax number

(703)234-1701. Individuals without access to the Internet who wish to register may call Amanda Madeline with PSA at

(703)234-1244. Registration can also be completed electronically at *http://www.psava.com/dot/acot2008/* . Individuals who plan to attend the meeting and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the ACOT Executive Secretary, Gregory Fant, Ph.D., in advance of the meeting. Dr. Fant may be reached by telephone at 301-443-8728, e-mail: *Gregory.Fant@hrsa.hhs.gov* or in writing at the address provided below. Management and support services for ACOT functions are provided by the Division of Transplantation, Healthcare Systems Bureau, Health Resources and Services Administration, 5600 Fishers Lane, Parklawn Building, Room 12C-06, Rockville, Maryland 20857; telephone number 301-443-7577. After the presentations and ACOT discussions, members of the public will have an opportunity to provide comments. Because of the Committee's full agenda and the timeframe in which to cover the agenda topics, public comment will be limited. All public comments will be included in the record of the ACOT meeting. Dated: March 12, 2008. Elizabeth M. Duke, Administrator. [FR Doc. E8-5460 Filed 3-17-08; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Meeting of the Advisory Council on Blood Stem Cell Transplantation AGENCY: Health Resources and Services Administration, HHS. ACTION: Notice of Meeting of the Advisory Council on Blood Stem Cell Transplantation. SUMMARY: Pursuant to Public Law 92-463, the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the second meeting of the Advisory Council on Blood Stem Cell Transplantation (ACBSCT), Department of Health and Human Services (HHS). The meeting will be held from approximately 9 a.m. to 5:30 p.m. on April 28, 2008, and from 9 a.m. to 3 p.m. on April 29, 2008, at the Hilton Washington D.C./Rockville Executive Meeting Center, 1750 Rockville Pike, Rockville, MD 20852. The meeting will be open to the public; however, seating is limited and pre-registration is encouraged (see below). SUPPLEMENTARY INFORMATION: Pursuant to Public Law 109-129, 42 U.S.C. 274k (section 379 of the Public Health Service Act, as amended) the ACBSCT was established to advise the Secretary of HHS and the Administrator, HRSA, on matters related to the activities of the C.W. Bill Young Cell Transplantation Program (Program) and the National Cord Blood Inventory

(NCBI)Program. ACBSCT is composed of up to 25 members, including the Chair, serving as Special Government Employees. The current membership includes representatives of marrow donor centers and marrow transplant centers; representatives of cord blood banks and participating birthing hospitals; recipients of a bone marrow transplant; recipients of a cord blood transplant; persons who require such transplants; family members of such a recipient or family members of a patient who has requested the assistance of the Program in searching for an unrelated donor of bone marrow or cord blood; persons with expertise in bone marrow and cord blood transplantation; persons with expertise in typing, matching, and transplant outcome data analysis; persons with expertise in the social sciences; basic scientists with expertise in the biology of adult stem cells; ethicists; hematology and transfusion medicine researchers with expertise in adult blood stem cells; persons with expertise in cord blood processing; and members of the general public. The Council will hear reports from five of the ACBSCT Work Groups: Cord Blood Accreditation Organization and Recognition Process, Need for Public Funding for Required Data Documentation, Process for Access of Cord Blood Units for Research, Scientific Factors Necessary to Define a Cord Blood Unit as High Quality, and Program Confidentiality/Policies for Cord Blood Donors. The draft meeting agenda will be available on April 15, 2008, on the HRSA's Program Web site at *http://bloodcell.transplant.hrsa.gov/ABOUT/Advisory_Council/index.html* . A registration form will be available on April 1, 2008, on the HRSA's Program Web site at *http://bloodcell.transplant.hrsa.gov/ABOUT/Advisory_Council/index.html* . The completed registration form should be submitted by facsimile to Professional and Scientific Associates (PSA), the logistical support contractor for the meeting, at fax number

(703)234-1701. Registration can also be completed electronically at *https://www.team-psa.com/dot/2008/acbsct/.* Individuals without access to the Internet who wish to register may call Amanda Madeline with PSA at

(703)234-1244. Individuals who plan to attend the meeting and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the ACBSCT Executive Secretary, Remy Aronoff, in advance of the meeting. Mr. Aronoff may be reached by telephone at 301-443-3264, e-mail: *Remy.Aronoff@hrsa.hhs.gov* or in writing at the address provided below. Management and support services for ACBSCT functions are provided by the Division of Transplantation, Healthcare Systems Bureau, Health Resources and Services Administration, 5600 Fishers Lane, Parklawn Building, Room 12C-06, Rockville, Maryland 20857; telephone number 301-443-7577. After the presentations and Council discussions, members of the public will have an opportunity to provide comments. Because of the Council's full agenda and the timeframe in which to cover the agenda topics, public comment will be limited. All public comments will be included in the record of the ACBSCT meeting. Meeting summary notes will be made available on the HRSA's Program Web site at *http://bloodcell.transplant.hrsa.gov/ABOUT/Advisory_Council/index.html* . Dated: March 12, 2008. Elizabeth M. Duke, Administrator. [FR Doc. E8-5461 Filed 3-17-08; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Center for Research Resources; Amended Notice of Meeting Notice is hereby given of a change in the meeting of the National Center for Research Resources Special Emphasis Panel, March 26, 2008, 8 a.m. to March 26, 2008, 7 p.m., Hilton Washington/Rockville, Double Tree Name Changed, 1750 Rockville Pike, Rockville, MD, 20852, which was published in the **Federal Register** on February 1, 2008, 73 FRN 22, page 6190. The meeting location is the Hilton Washington DC North/Gaithersburg, 620 Perry Parkway, Gaithersburg, Maryland 20877. The meeting is closed to the public. Dated: March 11, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-5317 Filed 3-17-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Aging; 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:* National Institute on Aging Special Emphasis Panel; Genetic Modification of Aged and Diseased Muscle *Date:* May 2, 2008. *Time:* 12 p.m. to 3 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institute on Aging, Gateway Building, 7201 Wisconsin Avenue, Suite 2c212, Bethesda, MD 20814 (Telephone Conference Call). *Contact Person:* Elaine Lewis, PhD, Scientific Review Administrator, Scientific Review Office, National Institute on Aging, Gateway Building, Suite 2C212, MSC-9205, 7201 Wisconsin Avenue, Bethesda, MD 20892, 301-402-7707, *elainelewis@nia.nih.gov* . *Name of Committee:* National Institute on Aging Special Emphasis Panel,p; Newhouse NIA P01 Review. *Date:* May 6, 2008. *Time:* 10 a.m. to 2 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institute on Aging, Gateway Building, Room 2C212, 7201 Wisconsin Avenue, Bethesda, MD 20814 (Telephone Conference Call). *Contact Person:* Jon E. Rolf, Ph.D., Scientific Review Administrator, Scientific Review Office, National Institute On Aging, Bethesda, MD 20814,

(301)402-7703, *rolfj@nia.nih.gov* . (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS) Dated: March 10, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-5205 Filed 3-17-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases; 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:* National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel Digestive Diseases and Nutrition Mentored Awards. *Date:* April 2, 2008. *Time:* 10:30 a.m. to 11:30 a.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892 (Telephone Conference Call). *Contact Person:* Michele L. Barnard, PhD, Scientific Review Administrator, Review Branch, DEA, NIDDK, National Institutes of Health, Room 753, 6707 Democracy Boulevard, Bethesda, MD 20892-5452,

(301)594-8898, *barnardm@extra.niddk.nih.gov* . This notice is being published less than 15 days prior to the meeting due to the timing imitations imposed by the review and funding cycle. *Name of Committee:* National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel Ancillary Studies in the Natural History of Acute Kidney Injury. *Date:* April 11, 2008. *Time:* 8:30 a.m. to 1:30 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Bethesda Marriott Suites, 6711 Democracy Boulevard, Bethesda, MD 20817. *Contact Person:* Lakshmanan Sankaran, PhD, Scientific Review Administrator Review Branch, DEA, NIDDK, National Institutes Of Health, Room 755, 6707 Democracy Boulevard, Bethesda, MD 20892-5452,

(301)594-7799, *ls38oz@nih.gov* . (Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS) Dated: March 10, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-5209 Filed 3-17-08; 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; Immunology of Primary HIV-1 Infection. *Date:* April 10, 2008. *Time:* 1 p.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Rockledge 6700, 6700B Rockledge Drive, Rm 3119, Bethesda, MD 20817 (Telephone Conference Call). *Contact Person:* Ileana M. Ponce-Gonzalez, MD, MPH, Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institutes of Health/NIAID, 6700B Rockledge Drive, MSC 7616, Bethesda, MD 20892-7616, 301-451-3679, *ipgonzalez@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 10, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-5210 Filed 3-17-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of General Medical Sciences; Amended Notice of Meeting Notice is hereby given of a change in the meeting of the National Institute of General Medical Sciences Special Emphasis Panel, March 28, 2008, 8 a.m. to March 28, 2008, 5 p.m., Hyatt Regency Bethesda, One Bethesda Metro Center, Bethesda, MD, 20814 which was published in the Federal Register on March 6, 2008, 73 FR 12184. The meeting will be held on March 28, 2008 from 10 a.m. to 3 p.m. The meeting is closed to the public. Dated: March 10, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-5218 Filed 3-17-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Office of the Director, National Institutes of Health; Notice of Meeting Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the Office of AIDS Research Advisory Council. The meeting will be open to the public, 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. *Name of Committee:* Office of AIDS Research Advisory Council. *Date:* April 17, 2008. *Time:* 9 a.m. to 5 p.m. *Agenda:* Discussions will focus on Genetics of HIV Infection and Human Immunology: Leveraging Genetics and Genomics Resources for the Study of HIV/AIDS. An update on the OARAC Working Groups for Treatment and Prevention Guidelines. *Place:* National Institutes of Health 5635 Fishers Lane, MSC 9310 Suite 4000 Rockville, MD 20852. *Contact Person:* Christina Brackna, Coordinator, Program Planning and Analysis, Office of AIDS Research, Office of the Director, NIH 5635 Fishers Lane, MSC 9310, Suite 4000, Rockville, MD 20852,

(301)402-8655, *cm53v@nih.gov.* Any member of the public interested in presenting oral comments to the committee may notify the Contact Person listed on this notice at least 10 days in advance of the meeting. Interested individuals and representatives of organizations may submit a letter of intent, a brief description of the organization represented, and a short description of the oral presentation. Only one representative of an organization may be allowed to present oral comments and if accepted by the committee, presentations may be limited to five minutes. Both printed and electronic copies are requested for the record. In addition, any interested person may file written comments with the committee by forwarding their statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person. Information is also available on the Institute's/Center's home page: *http://www.nih.gov/od/oar/index.htm,* where an agenda and any additional information for the meeting will be posted when available. (Catalogue of Federal Domestic Assistance Program Nos. 93.14, Intramural Research Training Award; 93.22, Clinical Research Loan Repayment Program for Individuals from Disadvantaged Backgrounds; 93.232, Loan Repayment Program for Research Generally; 93.39, Academic Research Enhancement Award; 93.936, NIH Acquired Immunodeficiency Syndrome Research Loan Repayment Program; 93.187, Undergraduate Scholarship Program for Individuals from Disadvantaged Backgrounds, National Institutes of Health, HHS) Dated: March 11, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-5318 Filed 3-17-08; 8:45 am] BILLING CODE 4140-01-M 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 Urology Small Business and Study Section Conflicts. *Date:* April 2, 2008. *Time:* 11 a.m. to 1 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:* Shirley Hilden, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4222, MSC 7814, Bethesda, MD 20892,

(301)435-1198, *hildens@csr.nih.gov.* *Name of Committee:* Center for Scientific Review Special Emphasis Panel Hematopoiesis. *Date:* April 3, 2008. *Time:* 1 p.m. to 3 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:* Delia Tang, MD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4126, MSC 7802 Bethesda, MD 20892, 301-435-2506, *tangd@csr.nih.gov.* *Name of Committee:* Center for Scientific Review Special Emphasis Panel Stem Cells, Progenitors and Signaling. *Date:* April 3, 2008. *Time:* 2 p.m. to 4 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:* Jonathan K. Ivins, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4040A, MSC 7806, Bethesda, MD 20892,

(301)594-1245, *ivinsj@csr.nih.gov.* *Name of Committee:* Oncological Sciences Integrated Review Group Clinical Oncology Study Section. *Date:* May 19-20, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications *Place:* Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, MD 20814. *Contact Person:* Sharon K. Gubanich, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6204, MSC 7804, Bethesda, MD 20892,

(301)435-1767, *gubanics@csr.nih.gov.* *Name of Committee:* Biological Chemistry and Macromolecular Biophysics Integrated Review Group Macromolecular Structure and Function E Study Section. *Date:* May 27-28, 2008. *Time:* 8:30 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* La Jolla Shores Hotel, 8110 Camino del Oro, La Jolla, CA 92037. *Contact Person:* Nitsa Rosenzweig, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 1102, MSC 7760, Bethesda, MD 20892,

(301)435-1747, *rosenzweign@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 10, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-5206 Filed 3-17-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Meeting Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the National Institutes of Health Peer Review Advisory Committee. The meeting will be open to the public, 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. *Name of Committee:* National Institutes of Health Peer Review Advisory Committee. *Date:* April 30, 2008. *Time:* 8:30 a.m. to 5 p.m. *Agenda:* Provide technical and scientific advice to the Director, National Institutes of Health (NIH), the Deputy Director for Extramural Research, NIH and the Director, Center for Scientific Review (CSR), on matters relating broadly to review procedures and policies for the evaluation of scientific and technical merit of applications for grants and awards. *Place:* Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Ballroom Level, Bethesda, MD 20814. *Contact Person:* Cheryl A. Kitt, PhD, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3030, MSC 7776, Bethesda, MD 20892, 301-435-1112, *kittc@csr.nih.gov.* Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person. (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 10, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-5212 Filed 3-17-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Call for Nominations for the National Cancer Institute Director's Consumer Liaison Group The National Cancer Institute (NCI), the Federal Government's primary agency for cancer research, is seeking nominations for up to six

(6)new members of the NCI Director's Consumer Liaison Group

(DCLG)who will be appointed in July 2008. The DCLG is a Federal chartered advisory committee of the NCI. It consists of 16 consumer advocates who are involved in cancer advocacy and who reflect the diversity among those whose lives are affected by cancer. The mission of the DCLG is to advise, assist, consult with, and make recommendations to the NCI Director, from the perspective and viewpoint of cancer consumer advocates on a wide variety of issues, programs, and research priorities. The DCLG serves as a channel for consumer advocates to voice their views and concerns. Specifically, the DCLG members: • Help develop and establish processes, mechanisms, and criteria for identifying appropriate consumer advocates to serve on a variety of program and policy advisory committees responsible for advancing the mission of the NCI. • Serve as a primary forum for discussing issues and concerns and exchanging viewpoints that are important to the broad development of the NCI programmatic and research priorities. • Establish and maintain strong collaborations between the NCI and the cancer advocacy community to reach common goals. *Eligibility Requirements for Individual Members:* To serve on the DCLG, a member must meet the following minimum eligibility requirements: • Be involved in the cancer experience as a cancer survivor, a care-giver to someone who has cancer, or a professional or volunteer who works with survivors or those affected by cancer; and • Represent a constituency with whom you communicate regularly on cancer issues and be able to serve as a conduit for information both to and from your constituency. DCLG members must be committed to participate fully in all activities of the DCLG, including at least two meetings per year in the Bethesda, MD area, conference calls, and working group activities. *Criteria for Evaluating Individual Candidates:* Nominees who meet the minimum eligibility requirements will be further assessed based on the following criteria: • Cancer advocacy experience; • Possession of strong leadership skills; • Communication and collaboration skills; • Ability to represent/advise on broad, cross-cutting cancer issues, including those NCI priorities identified by the NCI Director; • Ability to facilitate dialogue between NCI and the cancer advocacy community. *Characteristics of the DCLG:* In addition to the criteria for individual candidates, the following characteristics of the DCLG as a group are intended to ensure that it reflects the breadth and diversity of the consumer advocacy community: • Ethnic and cultural diversity; • A broad mix of cancer sites; • Representation of the medically underserved; • A range of cancer advocacy organizations (from small, local to regional and national); • A diversity of ages and gender; • Geographic diversity (including urban/rural areas). *Selection Process:* A call for nominations is disseminated annually to a broad range of local, regional, and national organizations to encourage the nomination of candidates reflecting the diversity sought for the DCLG. All nominees are screened for eligibility and then according to criteria for evaluating individual candidates. A list of highly qualified candidates who reflect balance and diversity of representation is forwarded to the NCI Director, who selects the DCLG members. NCI encourages nomination of candidates reflecting the diversity of the cancer advocacy community. Nominations can be made by organizations, including local/regional and national groups, or individuals, including self-nominations. In order to be considered for the DCLG, send a resume or curriculum vitae, two references and a cover letter detailing your interest in participating in the DCLG. Please be sure to include your advocacy or voluntary organization affiliation, address, phone number, and email address. Send the information to: DCLG 2008 Member Nomination, c/o Ms. Barbara Guest, Executive Secretary, Office of Advocacy Relations, National Cancer Institute, 31 Center Drive, Building 31, Room 10A28, Bethesda, MD 20892-2580, *guestb@mail.nih.gov,* Phone Number: 301-496-0307, Fax: 301-480-7558. Nominations must be postmarked by April 15, 2008. Dated: March 10, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-5213 Filed 3-17-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5191-N-05] Notice of Proposed Information Collection: Comment Request; Disposition of HUD-Owned Single Family Assets in Asset Control Areas AGENCY: Office of the Assistant Secretary for Housing, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: May 19, 2008. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Lillian Deitzer, Departmental Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410; e-mail *Lillian_L._Deitzer@HUD.gov* or telephone

(202)402-8048. FOR FURTHER INFORMATION CONTACT: Vance T. Morris, Director, Office of Single Family Program Development, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, telephone

(202)708-2121 (this is not a toll free number) for copies of the proposed forms and other available information. SUPPLEMENTARY INFORMATION: The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to:

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

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

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

(4)Minimize the burden of the collection of information on those who are to respond; including the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This Notice also lists the following information: *Title of Proposal:* Single Family Housing—Disposition of HUD-Owned Single Family Assets in Asset Control Areas. *OMB Control Number, if applicable:* 2502-NEW. *Description of the need for the information and proposed use:* The proposed rule would promulgate regulations for HUD's “Asset Control Areas”

(ACA)program. The ACA program permits the sale of HUD-held single-family homes and mortgage assets available for sale at a discount to units of general local government, states, Indian tribes, nonprofit organizations and for-profit entities to provide homeownership opportunities and to promote neighborhood revitalization. The information requested is required for the administration and oversight of the ACA program. Specifically, HUD will be able to ascertain whether ACA participants are adhering to eligible purchaser, rehabilitation, resale price, etc. requirements imposed by HUD as a condition of receiving ACA properties at a discount. *Agency form numbers, if applicable:* None. *Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:* The number of burden hours is 2,091. The number of respondents is 18, the total number of annual responses is 360, the frequency of response is on occasion, and the average burden hour per response is 6. *Status of the proposed information collection:* This is a new collection. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended. Dated: March 12, 2008. Frank L. Davis, General Deputy Assistant Secretary for Housing-Deputy Federal Housing Commissioner. [FR Doc. E8-5366 Filed 3-17-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5187-N-12] Alternative Housing Pilot Program Evaluation Baseline Survey AGENCY: Office of the Chief Information Officer, HUD ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. HUD is conducting an evaluation of FEMA's Alternative Housing Pilot Program (AHPP). Due to the immediate need to improve the temporary housing situation for many victims of Hurricanes Katrina and Rita, FEMA is rapidly developing the alternative housing. In order to measure program effectiveness, the evaluation requires that we do a baseline evaluation of households before they receive a housing unit. Because it has taken longer than expected for FEMA's AHPP to be implemented in some States, new households continue to join the program and so there is a need to continue the administration to the baseline survey beyond March 2007 when the original clearance expires. DATES: *Comments Due Date:* April 17, 2008. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2528-0248) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW, Washington, DC 20410; e-mail Lillian Deitzer at *Lillian_L_Deitzer@HUD.gov* or telephone

(202)402-8048. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Deitzer. SUPPLEMENTARY INFORMATION: This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the Information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to:

(1)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;

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

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

(4)Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This notice also lists the following information: *Title of Proposal:* Alternative Housing Pilot Program Evaluation Baseline Survey. *OMB Approval Number:* 2528-0248. *Form Numbers:* None. *Description of the Need for the Information and Its Proposed Use:* HUD is conducting an evaluation of FEMA's Alternative Housing Pilot Program (AHPP). Due to the immediate need to improve the temporary housing situation for many victims of Hurricanes Katrina and Rita, FEMA is rapidly developing the alternative housing. In order to measure program effectiveness, the evaluation requires that we do a baseline evaluation of households before they receive a housing unit. Because it has taken longer than expected for FEMA's AHPP to be implemented in some States, new households continue to join the program and so there is a need to continue the administration to the baseline survey beyond March 2007 when the original clearance expires. *Frequency of Submission:* On occasion. Number of respondents Annual responses × Hours per response = Burden hours Reporting Burden 10,000 1 0.416 4,167 *Total Estimated Burden Hours:* 4,167. *Status:* Extension of a currently approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: March 12, 2008. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E8-5362 Filed 3-17-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5187-N-13] Real Estate Settlement Procedures Act (RESPA) Website Complaint Questionnaire AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. The Real Estate Settlement Procedures Act of 1974 (RESPA), 12 U.S.C. 2601 et seq., and the implementing Regulation, codified at 24 CFR 3500, insure that consumers throughout the Nation are provided with greater and more timely information on the nature and costs of the settlement process and are protected from unnecessarily high settlement charges caused by certain abusive practices. The RESPA Website Complaint Questionnaire will provide a common website for consumers and settlement service providers to assist in the enforcement of RESPA, and will create efficiencies in processing complaints. DATES: *Comments Due Date: April 17, 2008.* ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2502-NEW) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail Lillian Deitzer at *Lillian_L_Deitzer@HUD.gov* or telephone

(1)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;

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

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

(4)Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This notice also lists the following information: *Title of Proposal:* Estate Settlement Procedures Act (RESPA) Website Complaint Questionnaire. *OMB Approval Number:* 2502-NEW. *Form Numbers:* HUD-1974. *Description of the Need for the Information and Its Proposed Use:* The Real Estate Settlement Procedures Act of 1974 (RESPA), 12 U.S.C. 2601 *et seq.* , and the implementing Regulation, codified at 24 CFR 3500, insure that consumers throughout the Nation are provided with greater and more timely information on the nature and costs of the settlement process and are protected from unnecessarily high settlement charges caused by certain abusive practices. The RESPA Website Complaint Questionnaire will provide a common website for consumers and settlement service providers to assist in the enforcement of RESPA, and will create efficiencies in processing complaints. *Frequency of Submission:* On occasion. Number of respondents Annual responses × Hours per response = Burden hours Reporting Burden 1,246 1.5 0.33 617 *Total Estimated Burden Hours:* 617. *Status:* New Collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: March 12, 2008. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E8-5435 Filed 3-17-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5187-N-11] Request for Prepayment of Direct Loans on Section 202 and 202/8 Projects AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Request from owner to prepay a multifamily housing project mortgage financed under Section 202 with inclusion of FHA insurance guidelines. DATES: *Comments Due Date:* April 17, 2008. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2502-0554) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW, Washington, DC 20410; e-mail Lillian Deitzer at *Lillian_L_Deitzer@HUD.gov* or telephone

(1)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;

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

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

(4)Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This notice also lists the following information: *Title of Proposal:* Request for Prepayment of Direct Loans on Section 202 and 202/8 Projects. *OMB Approval Number:* 2502-0554. *Form Numbers:* HUD-9808. *Description of the Need for the Information and Its Proposed Use:* Request from owner to prepay a multifamily housing project mortgage financed under Section 202 with inclusion of FHA insurance guidelines. *Frequency of Submission:* On occasion, Other Reporting is voluntary based on the owner's decision to prepay the mortgage. Number of respondents Annual responses × Hours per response = Burden hours Reporting Burden 280 1 2 560 *Total Estimated Burden Hours:* 560. *Status:* Extension of a currently approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: March 12, 2008. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E8-5364 Filed 3-17-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R3-ES-2008-N0039; 30120-1113-0000-F6] Endangered and Threatened Species Permit Applications AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability of permit applications; request for comments. SUMMARY: The following applicant has applied for a permit to conduct certain activities with endangered species. DATES: We must receive any written comments on or before April 17, 2008. ADDRESSES: Regional Director, Attn: Peter Fasbender, U.S. Fish and Wildlife Service, Ecological Services, 1 Federal Drive, Fort Snelling, MN 55111—4056; electronic mail, *permitsR3ES@fws.gov.* FOR FURTHER INFORMATION CONTACT: Mr. Peter Fasbender,

(612)713-5343. SUPPLEMENTARY INFORMATION: Endangered Species The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ) (Act), with some exceptions, prohibits activities affecting endangered species unless authorized by a permit from the Service. Before issuing a permit, we invite public comment on it. Accordingly, we invite public comment on the following applicant's permit application for certain activities with endangered species authorized by section 10(a)(1)(A) of the Act and the regulations governing the taking of endangered species (50 CFR 17). Submit your written data, comments, or requests for copies of the complete applications to the address shown in ADDRESSES . Permit Number: TE003379 *Applicant:* U.S. Army Corps of Engineers, St. Paul District, St. Paul, Minnesota. The applicant requests a permit renewal to take Higgins' eye pearlymussel ( *Lampsilis higginsi* ) in Iowa, Minnesota, and Wisconsin. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE006012-4 *Applicant:* Steven Taylor, Champaign, Illinois. The applicant requests a permit renewal to take Illinois cave amphipod ( *Gammarus acherondytes* ) in Illinois. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE08517 *Applicant:* Davey Resource Group, Kent, Ohio. The applicant requests a permit renewal for take of Indiana bat ( *Myotis sodalis* ). The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE023664-17 *Applicant:* Environmental Solutions & Innovations, Cincinnati, Ohio. The applicant requests a permit renewal to take listed bats, plants, and mussels. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE 023666-2 *Applicant:* Eric R. Britzke, Forrest City, Arkansas. The applicant requests a permit renewal to take the Indiana bat ( *Myotis sodalis* ), gray bat ( *Myotis grisescens* ), Virginia big-eared bat ( *Corynorhinus townsendii virginianus* ), Ozark big-eared bat ( *Corynorhinus townsendii ingens* ), and Northern flying squirrel ( *Glaucomys sabrinus* ) throughout their ranges. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE 040881 *Applicant:* Timothy C. Carter, Muncie, Indiana. The applicant requests his permit re-issued to take the Indiana bat ( *Myotis sodalis* ) and gray bat ( *Myotis grisescens* ) throughout Georgia, Illinois, Indiana, Iowa, Michigan, Missouri, Ohio and Wisconsin. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE101150 *Applicant:* Volk Field, Camp Douglas, Wisconsin. The applicant requests a permit renewal to take (harass) the whooping crane ( *Grus americana* ) within the Volk Field National Guard Base in Juneau County. The harassment is to enhance survival of whooping cranes within Volk Field air space. Permit Number: TE118259 *Applicant:* Civil and Environmental Consultants, Inc, Pittsburgh, Pennsylvania. The applicant requests a permit renewal to take the Indiana bat ( *Myotis sodalis* ) and gray bat ( *Myotis grisescens* ) throughout their ranges. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE120231 *Applicant:* John Timpone, St. Louis, Missouri. The applicant requests a permit renewal and amendment to take the Indiana bat ( *Myotis sodalis* ) throughout Arkansas, Illinois, Indiana, Iowa, Kentucky, Maryland, Michigan, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Tennessee, Vermont, Virginia, and West Virginia. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE120256 *Applicant:* David Ewert, Lansing, Michigan. The applicant requests a permit renewal to take the Kirtland's warbler ( *Dendroica kirtlandii* ) throughout its range. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE125546 *Applicant:* Smithsonian Institute, Washington, DC. The applicant requests a permit amendment to take the Kirtland's warbler ( *Dendroica kirtlandii* ) throughout its range. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE127643 *Applicant:* U.S. Forest Service, Northern Research Station, Columbia, Missouri. The applicant requests a permit renewal to take the Indiana bat ( *Myotis sodalis* ), gray bat ( *Myotis grisescens* ), and Ozark big-eared bat ( *Corynorhinus townsendii ingens* ) throughout Missouri. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE128304-5 *Applicant:* Stantec Consulting Services (Formerly R.D. Zande and Associates), Columbus, Ohio. The applicant requests a permit renewal and minor amendment for take of Indiana bat ( *Myotis sodalis* ) throughout its range. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE130493 *Applicant:* Michael J. Harvey, Cookeville, Tennessee. The applicant requests a permit renewal to take the Indiana bat ( *Myotis sodalis* ), gray bat ( *Myotis grisescens* ), Virginia big-eared bat ( *Corynorhinus townsendii virginianus* ), and Ozark big-eared bat ( *Corynorhinus townsendii ingens* ) throughout their ranges. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE131386 *Applicant:* Lewis Environmental Consulting (Formerly Mainstream Commercial Divers, Inc.), Murray, Kentucky. The applicant requests a permit renewal to take listed mussel species throughout Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Mississippi, Missouri, Ohio, Pennsylvania, Tennessee, West Virginia, and Wisconsin. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE131911 *Applicant:* Shawnee National Forest, Harrisburg, Illinois. The applicant requests a permit renewal to take Indiana bats ( *Myotis sodalis* ), and gray bats ( *Myotis grisescens* ) throughout U.S. Forest Service property in Illinois and Missouri. The applicant also requests the permit amended to take these species throughout U.S. Forest Service property in Ohio. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE133291 *Applicant:* Chicago Botanic Garden, Glencoe, Illinois. The applicant requests a permit renewal to take Pitcher's thistle ( *Cirsium pitcherii* ) throughout Indiana and Michigan. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE135297 *Applicant:* Saint Louis Zoo, St. Louis, Missouri. The applicant requests a permit renewal to take (collect) the American burying beetle ( *Nicrophorus americanus* ) in Missouri. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE163772 *Applicant:* Partners for Fish and Wildlife Program, U.S. Fish and Wildlife Service, Fort Snelling, Minnesota. The applicant requests a permit to take the copperbelly water snake ( *Nerodia erythrogaster neglecta* ) during habitat conservation and management actions aimed at recovery of the species within Michigan, Indiana, and Ohio. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE164072 *Applicant:* M. Brent McClane, St. Louis, Missouri. The applicant requests a permit renewal to take listed mussel species throughout Arkansas, Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Missouri, Ohio, Tennessee, West Virginia, and Wisconsin. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE174386 *Applicant:* Rod McClanahan, Anna, Illinois. The applicant requests a permit to take Indiana bats ( *Myotis sodalis* ), and gray bats ( *Myotis grisescens* ) throughout their ranges. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE174388 *Applicant:* Metropolitan Park District of the Toledo Area, Toledo County, Ohio. The applicant requests a permit to take the Karner blue butterfly ( *Lycaeides melissa samuelis* ) in Ohio. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE174547 *Applicant:* Stantec Consulting Services, Inc., Topshame, Maine. The applicant requests a permit to take Indiana bats ( *Myotis sodalis* ) throughout its range. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE174564 *Applicant:* Michigan Natural Features Inventory, Lansing, Michigan. The applicant requests a permit to take the Mitchell's satyr butterfly ( *Neonympha mitchellii mitchellii* ) in Michigan. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE175852 *Applicant:* Christopher A. Hamm, Lansing, Michigan. The applicant requests a permit to take the Mitchell's satyr butterfly ( *Neonympha mitchellii mitchellii* ) in Michigan. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE175859 *Applicant:* Maria Bidart-Bouzat, Bowling Green State University, Bowling Green, Ohio. The applicant requests a permit to take the Karner blue butterfly ( *Lycaeides melissa samuelis* ) in Michigan and Ohio. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE175862 *Applicant:* University of Illinois at Chicago, Chicago, Illinois. The applicant requests a permit to take Pitcher's thistle ( *Cirsium pitcherii* ) in Indiana. The scientific research is aimed at enhancement of survival of the species in the wild. Permit Number: TE840524 *Applicant:* Lynn Robbins, Missouri State University, Springfield, Missouri. The applicant requests a permit renewal to take Indiana bats ( *Myotis sodalis* ), and gray bats ( *Myotis grisescens* ). The scientific research is aimed at enhancement of survival of the species in the wild. Public Comments We solicit public review and comments on these permit applications. Please refer to the respective permit number when you submit comments. Comments and materials we receive are available for public inspection, by appointment, during normal business hours at the address shown in the ADDRESSES section. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. National Environmental Policy Act

(NEPA)In compliance with NEPA (42 U.S.C. 4321 *et. seq.* ), we have made an initial determination that the activities proposed by this permit are categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Dated: February 13, 2008. Lynn Lewis, Assistant Regional Director, Acting, Ecological Services, Region 3, Fort Snelling, Minnesota. [FR Doc. E8-5377 Filed 3-17-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY-920-1320-EL, WYW174407] Notice of Competitive Coal Lease Sale, Wyoming AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Competitive Coal Lease Sale. SUMMARY: Notice is hereby given that certain coal resources in the South Maysdorf Coal Tract described below in Campbell County, Wyoming, will be reoffered for competitive lease by sealed bid in accordance with the provisions of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 *et seq.* ). DATES: The lease sale reoffer will be held at 10 a.m., on Tuesday, April 22, 2008. Sealed bids must be submitted on or before 4 p.m., on Monday, April 21, 2008. ADDRESSES: The lease sale will be held in the First Floor Conference Room (Room 107), of the Bureau of Land Management

(BLM)Wyoming State Office, 5353 Yellowstone Road, P.O. Box 1828, Cheyenne, WY 82003. Sealed bids must be submitted to the Cashier, BLM Wyoming State Office, at the address given above. FOR FURTHER INFORMATION CONTACT: Mavis Love, Land Law Examiner, or Robert Janssen, Coal Coordinator, at 307-775-6258, and 307-775-6206, respectively. SUPPLEMENTARY INFORMATION: This coal lease sale is being held in response to a lease by application

(LBA)filed by Cordero Mining Company, Gillette, Wyoming. The South Maysdorf Coal Tract was previously offered on November 28, 2007, and the one bid received at that sale was rejected because it did not meet the Bureau of Land Management's estimate of fair market value. The coal resource to be offered consists of all reserves recoverable by surface mining methods in the following-described lands located in central Campbell County approximately 3-4 miles east of State Highway 59, 6-11 miles south of Bishop Road, and adjacent to the western and southern lease boundary of the Cordero Rojo mine: T. 46 N., R. 71 W., 6th P.M., Wyoming Section 4: Lots 5 through 7, 10 through 15, 18 through 20; Section 9: Lots 1 through 5; Section 10: Lots 1 through 6; Section 11: Lots 1 through 12; T. 47 N., R. 71 W., 6th P.M., Wyoming Section 21: Lots 1 through 3, 6 through 11, 14 through 16; Section 28: Lots 1 through 3, 6 through 11, 14 through 16; Section 33: Lots 1 through 3, 6 through 11, 14 through 16. Containing 2,900.24 acres more or less. The tract is adjacent to Federal and State of Wyoming leases to the east and north controlled by the Cordero Rojo Mine. It is adjacent to additional unleased Federal coal to the west and south. It is also adjacent to about 540 acres of private coal controlled by the Cordero Rojo Mine. All of the acreage offered has been determined to be suitable for mining except for the main line railroad right-of-way in the far southeast portion of the LBA. Features such as the county roads and pipelines can be moved to permit coal recovery. The Belle Fourche River crosses the LBA, but can be diverted to allow mining. In addition, numerous oil and/or gas wells have been drilled on the tract. The estimate of the bonus value of the coal lease will include consideration of the future production from these wells. An economic analysis of this future income stream will determine whether a well is bought out and plugged prior to mining or re-established after mining is completed. The surface estate of the tract is owned by Cordero Mining Company, Cordero Rojo, Inc., a private individual, and the United States. The tract contains surface mineable coal reserves in the Wyodak seam currently being recovered in the adjacent, existing mine. On the LBA tract, the Wyodak seam is generally a single seam averaging about 60 feet thick. An area containing no coal trends east/west across portions of section 4 in the southern portion of the LBA. Also, the southern portion of the LBA may have a rider of approximately 5-7 feet thick, which splits off the main seam with interburden ranging from 4-25 feet thick. Overburden depths to the Wyodak seam range from 60-340 feet thick on the LBA. The tract contains an estimated 288,082,000 tons of mineable coal. This estimate of mineable reserves includes the main Wyodak seam and rider mentioned above but does not include any tonnage from localized seams or splits containing less than 5 feet of coal. It does not include the adjacent State of Wyoming or private coal although these reserves are expected to be recovered in conjunction with the LBA. It also excludes coal within and along the railroad right of way as required by typical mining practices. The total mineable stripping ratio (BCY/Ton) of the coal is about 3.5:1. Potential bidders for the LBA should consider the recovery rate expected from thick seam and multiple seam mining. The Maysdorf South LBA coal is ranked as subbituminous C. The overall average quality on an as-received basis is 8404 BTU/lb with about 0.29% sulfur. These quality averages place the coal reserves near the lower/middle of the range of coal quality currently being mined in the Wyoming portion of the Powder River Basin. The tract will be leased to the qualified bidder of the highest cash amount provided that the high bid meets or exceeds the BLM's estimate of the fair market value of the tract. The minimum bid for the tract is $100 per acre or fraction thereof. No bid that is less than $100 per acre, or fraction thereof, will be considered. The bids should be sent by certified mail, return receipt requested, or be hand delivered. The Cashier will issue a receipt for each hand-delivered bid. Bids received after 4 p.m., on Monday, April 21, 2008, will not be considered. The minimum bid is not intended to represent fair market value. The fair market value of the tract will be determined by the Authorized Officer after the sale. The lease issued as a result of this offering will provide for payment of an annual rental of $3.00 per acre, or fraction thereof, and a royalty payment to the United States of 12.5 percent of the value of coal produced by strip or auger mining methods and 8 percent of the value of the coal produced by underground mining methods. The value of the coal will be determined in accordance with 30 CFR 206.250. Bidding instructions for the tract offered and the terms and conditions of the proposed coal lease are available from the BLM Wyoming State Office at the addresses above. Case file documents, WYW174407, are available for inspection at the BLM Wyoming State Office. Dated: March 6, 2008. Larry Claypool, Acting Deputy State Director, Minerals and Lands. [FR Doc. E8-4891 Filed 3-17-08; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CA-670-08-1220-DO] Notice of Intent To Prepare an Amendment to the California Desert Conservation Area Plan and Environmental Impact Statement for the Imperial Sand Dunes Recreation Area in Imperial County, CA AGENCY: Bureau of Land Management, USDI. ACTION: Notice of intent. SUMMARY: In accordance with the Federal Land Policy and Management Act (FLPMA) and the National Environmental Policy Act of 1969 (NEPA), the Bureau of Land Management (BLM), California Desert District, El Centro Field Office, will prepare the Imperial Sand Dunes Recreation Area (ISDRA) Recreation Area Management Plan (RAMP). The management plan will amend the CDCA plan. The management plan is needed to replace the existing management plan

(1987)which has become outdated as a result of the federal listing of and designation of critical habitat for Peirson's milk-vetch as a threatened species, designation of the North Algodones Dunes as wilderness, and substantial changes in visitor use. A 2006 Federal court order remanded a previous 2003 ISDRA RAMP to BLM for further consideration. The 2006 court order also vacated and remanded the previous U.S. Fish and Wildlife Service

(FWS)critical habitat designation for the federally threatened Peirson's milk-vetch. On February 14, 2008, the FWS published a final rule revising critical habitat for the Peirson's milk-vetch. DATES: The public is invited to submit comments on the scope of the plan amendment and EIS. Written comments must be postmarked by May 31, 2008. Three public meetings will be held in El Centro, California; San Diego, California; and Phoenix, Arizona. The time and place for these meetings will be published in the San Diego Union Tribune, Arizona Republic, Imperial Valley Press, and the Yuma Daily Sun at least 15 days prior to the meetings. BLM intends to complete the management plan under an accelerated schedule by fall 2009. This schedule will allow BLM to replace the temporary administrative closures of five areas in the ISDRA ( **Federal Register** : November 16, 2000—Volume 65, Number 222) with a long term management plan prior to the beginning of the peak recreation use period in 2009-2010. SUPPLEMENTARY INFORMATION: In 2000, the Center for Biological Diversity, and others (Center) filed for injunctive relief in U.S. District Court against BLM alleging that BLM was in violation of section 7 of the Endangered Species Act

(ESA)by failing to formally consult with the FWS on the effects of adoption of the CDCA Plan, as amended, upon threatened and endangered species. In 2006 the court vacated and remanded BLM's 2005 Record of Decision

(ROD)approving the 2003 ISDRA RAMP/Final EIS. The order and injunction:

(1)Remanded the 2003 RAMP for further consideration by BLM;

(2)vacated and remanded to the FWS portions of the Biological Opinion

(BO)for the 2003 RAMP; and

(3)required that BLM maintain the temporary vehicle closure of five areas to protect the Peirson's milk-vetch until such time as a new RAMP, final EIS, ROD, and BO are completed and filed with the court. The ISDRA project area encompasses approximately 150,000 acres of public lands bounded to the west by the Old Coachella Canal, to the east by the Union Pacific Railroad, to the North by Mammoth Wash, and to the south by Interstate 8 and the California/Mexico border. The primary activities in the ISDRA include camping and off highway vehicle use. Issues addressed in the RAMP/EIS will include: wildlife and botany; cultural resources and paleontology; water resources; noise; land use; geology and soils; mineral resources; socioeconomics; hazardous materials and solid waste; public health; visual resources; and traffic and transportation. The following Planning Criteria will be utilized during production of this document: • The plan will be completed in compliance with FLPMA, NEPA, and all other relevant Federal law, Executive orders, and management policies of the BLM; • The planning process will include an EIS that will comply with NEPA standards; • The Plan will set forth a framework for managing recreational activities in order to maintain existing natural landscapes and to provide for the enjoyment and safety of the visiting public. • Where existing planning decisions are still valid, those decisions may remain unchanged and be incorporated into the new RMP (or amendment); • The plans will recognize valid existing rights; and • Native American Tribal consultations will be conducted in accordance with policy and Tribal concerns will be given due consideration. The planning process will include the consideration of any impacts on Indian trust assets. • Consultation with the SHPO will be conducted throughout the plan. • Consultation with USFWS will be conducted throughout the plan. *The tentative project schedule is as follows:* —Draft plan amendment/draft EIS—February 2009. —Proposed plan amendment/final EIS—July 2009. —Record of Decision—October 2009. Public participation will be especially important at several points during the analysis and planning process. The scoping process (40 CFR 1501.7) for this analysis will include identification of issues and viable alternatives as well as identification and notification of interested groups, individuals and agencies to determine level of participation and obtain additional information concerning issues to be addressed in the RAMP/EIS. Comments, including names and addresses of respondents, will be available for public review at the El Centro Field Office during normal working hours (8 a.m. to 4:15 p.m. except holidays), and may be published as part of the EIS or other related documents. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. All submissions from organizations and businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be available for public inspection in their entirety. Relevant documents will be available for inspection at the El Centro Field Office during normal working hours. Some documents will also be posted on the BLM internet Web site. ADDRESSES: Comments should be sent to Erin Dreyfuss, Planning and Environmental Coordinator, El Centro Field Office, California Desert District, Bureau of Land Management, 1661 South 4th Street, El Centro, CA 92243. *For Further Information or to Submit Comments Contact:* Erin Dreyfuss, Bureau of Land Management, 1661 South 4th Street, El Centro, CA 92243,

(760)337-4400. Vicki L. Wood, Field Manager, El Centro Field Office. [FR Doc. E8-5368 Filed 3-17-08; 8:45 am] BILLING CODE 4310-40-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-010-1990-EX; 08-08807; TAS: 14X1109] Notice of Intent To Prepare an Environmental Impact Statement for Newmont Mining Corporation's Amendment to the Genesis-Bluestar Plan of Operations, Nevada AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: In accordance with section 102(2)(c) of the National Environmental Policy Act of 1969 and 43 CFR 3809, the Bureau of Land Management (BLM), Elko District Office will prepare an Environmental Impact Statement

(EIS)to analyze the environmental effects of a proposed amendment to Newmont Mining Corporation's Plan of Operations for Genesis-Bluestar, an open pit gold mine. The area of operations is located 20 miles north of Carlin, Nevada in Eureka County. The amendment proposes continued mining in an area that has been mined more or less continuously since the early 1990s. DATES: This notice initiates the 30-day public scoping period. Within 30 days of the publication of this notice in the **Federal Register** , a public scoping meeting will be held at the BLM Elko District Office, 3900 East Idaho Street, Elko, Nevada, to familiarize interested publics with the project and to identify issues and concerns to be addressed in the EIS. The scoping meeting will be announced through the local news media, newsletters, and the BLM Web site at *http://www.nv.blm.gov* at least 15 days prior to the event. Any additional public meetings, if necessary, will be announced similarly. Comments on issues can also be submitted in writing to the address listed below and for 30 days after publication of this notice in the **Federal Register** . In addition to the ongoing public participation process, formal opportunities for public participation will be provided upon publication of the Draft EIS. ADDRESSES: Comments may be submitted by any of the following methods: —Fax:

(775)753-0255 —Mail: Attention Genesis-Bluestar Project EIS Manager, BLM Elko District Office, 3900 East Idaho Street, Elko, NV 89801 —E-mail: *kirk_laird@nv.blm.gov* FOR FURTHER INFORMATION CONTACT: Kirk Laird,

(775)753-0272. SUPPLEMENTARY INFORMATION: The proposed amendment would expand Newmont's existing mining operations by an additional 43 acres of new disturbance (24 acres of public land and 19 acres of private land) in an area heavily disturbed by mining. The project proposes to expand the Genesis and West Genesis open pits, develop the new Bluestar Ridge Pit; backfill the Beast, Bluestar, Genesis, and West Genesis open pits; expand the Section 36 and Section 5 Waste Rock Disposal Facilities; construct the necessary haul roads and access roads; process 60 million tons of gold-bearing ore; and continue employment and economic activity for the local area for 12 additional years. Focal points for the EIS include: 1. analyze the cumulative impacts of mining and related actions along the Carlin Trend, including incorporation of the re-analysis of cumulative impacts for the Leeville Project and South Operations Area Project; 2. analyze any release of mercury that may be associated with processing the 60 million tons of ore; and 3. analyze the socio-economic impacts of twelve additional years of mining. The BLM is asking the public for information on any issues, including cumulative impacts, relevant to this amendment. Comments, including names and street addresses of respondents, will be available for public review at the above address during regular business hours 7:30 a.m. to 4:30 p.m., Monday through Friday, except holidays, and may be published as part of the EIS. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, be advised that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so. We will not consider anonymous comments. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be available for public inspection in their entirety. (Authority: 43 CFR 2809) Dated: February 19, 2008. Kenneth E. Miller, Elko District Manager. [FR Doc. E8-3578 Filed 3-17-08; 8:45 am] BILLING CODE 4310-HC-P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731-TA-986-987 (Review)] Ferrovanadium From China and South Africa AGENCY: United States International Trade Commission. ACTION: Notice of Commission determination to conduct full five-year reviews concerning the antidumping duty orders on ferrovanadium from China and South Africa. SUMMARY: The Commission hereby gives notice that it will proceed with full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to determine whether revocation of the antidumping duty orders on ferrovanadium from China and South Africa would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). EFFECTIVE DATE: March 7, 2008. FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server ( * http:// www.usitc.gov * ). The public record for these reviews may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov* . SUPPLEMENTARY INFORMATION: On March 7, 2008, the Commission determined that it should proceed to full reviews in the subject five-year reviews pursuant to section 751(c)(5) of the Act. The Commission found that the domestic interested party group response to its notice of institution (72 FR 67962, December 3, 2007) was adequate and that the respondent interested party group response was inadequate. The Commission also found that other circumstances warranted conducting full reviews. A record of the Commissioners' votes, the Commission's statement on adequacy, and any individual Commissioner's statements will be available from the Office of the Secretary and at the Commission's Web site. Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules. By order of the Commission. Issued: March 12, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-5391 Filed 3-17-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [USITC SE-08-005] Government in the Sunshine Act Meeting Notice Agency Holding The Meeting: United States International Trade Commission. Time And Date: March 20, 2008 at 9 a.m. Place: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone:

(202)205-2000. Status: Open to the public. Matters To Be Considered: 1. Agenda for future meetings: None. 2. Minutes. 3. Ratification List. 4. Inv. No. 731-TA-749 (Second Review) (Persulfates from China)—briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners' opinions to the Secretary of Commerce on or before March 31, 2008.) 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. Issued: March 12, 2008. By order of the Commission. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E8-5347 Filed 3-17-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-1110 (Final)] Sodium Hexametaphosphate From China Determination On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (Commission) determines, pursuant to section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act), that an industry in the United States is materially injured by reason of imports from China of sodium hexametaphosphate, provided for in subheadings 2835.39.50 and 3824.90.39 of the Harmonized Tariff Schedule of the United States, that have been found by the Department of Commerce (Commerce) to be sold in the United States at less than fair value (LTFV). 2 1 The record is defined in sec. 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR § 207.2(f)). 2 Commissioner Dean A. Pinkert did not participate in this investigation. Background The Commission instituted this investigation effective February 8, 2007, following receipt of a petition filed with the Commission and Commerce by ICL Performance Products, LP, St. Louis, MO, and Innophos, Inc., Cranbury, NJ. The final phase of the investigation was scheduled by the Commission following notification of a preliminary determination by Commerce that imports of sodium hexametaphosphate from China were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission's investigation and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the **Federal Register** of October 31, 2007 (72 FR 61677). The hearing was held in Washington, DC, on January 24, 2008, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission transmitted its determination in this investigation to the Secretary of Commerce on March 12, 2008. The views of the Commission are contained in USITC Publication 3984 (March 2008), entitled *Sodium Hexametaphosphate from China: Investigation No. 731-TA-1110 (Final).* By order of the Commission. Issued: March 12, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-5392 Filed 3-17-08; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE [OMB Number 1103-NEW] Office of Community Oriented Policing Services; Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 30-Day Notice of Information Collection Under Review: Situational Policing Officer and Neighborhood Survey. The Department of Justice

(DOJ)Office of Community Oriented Policing Services

(COPS)will be submitting the following information collection request to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995. The revision of a currently approved information collection is published to obtain comments from the public and affected agencies. The purpose of this notice is to allow for 30 days for public comment until April 17, 2008. This process is conducted in accordance with 5 CFR 1320.10. If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Rebekah Dorr, Department of Justice Office of Community Oriented Policing Services, 1100 Vermont Avenue, NW., Washington, DC 20530. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the 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. Overview of This Information Collection

(1)*Type of Information Collection:* Proposed collection; comments requested.

(2)*Title of the Form/Collection:* Situational Policing Officer and Neighborhood Survey.

(3)*Agency form number, if any, and the applicable component of the Department sponsoring the collection:* None. U.S. Department of Justice Office of Community Oriented Policing Services.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract: Primary:* A small number of law enforcement officers and residents in the following jurisdictions: Pittsburgh, PA, Cleveland, OH, Akron, OH and Ohio County, WV.

(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply:* It is estimated that approximately 1,600 respondents for the neighborhood survey for an average of 15 minutes per response. It is estimated that approximately 200 respondents for the officer survey for an average of 10 minutes per response.

(6)*An estimate of the total public burden (in hours) associated with the collection:* The total estimated burden is 433.5 hours. *If additional information is required contact:* Lynn Bryant, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: March 14, 2008. Lynn Bryant, Department Clearance Officer, PRA, Department of Justice. [FR Doc. E8-5382 Filed 3-17-08; 8:45 am] BILLING CODE 4410-AT-P DEPARTMENT OF JUSTICE [OMB Number 1122-0003] Office on Violence Against Women; Agency Information Collection Activities: Revision of a Currently Approved Collection ACTION: 60-Day Notice of Information Collection Under Review: Annual Progress Report for the STOP Formula Grants Program. The Department of Justice, Office on Violence Against Women

(OVW)will be submitting the following information collection request to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995. Comments are encouraged and will be accepted for “sixty days” until May 19, 2008. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to The Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to

(202)395-5806. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

(1)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;

(2)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;

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

(4)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection

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

(2)*Title of the Form/Collection:* Annual Progress Report for the STOP Violence Against Women Formula Grants Program.

(3)*Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection:* Form Number: 1122-0003. U.S. Department of Justice, Office on Violence Against Women (OVW).

(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* The affected public includes the 56 STOP state administrators (from 50 states, the District of Columbia and five territories and commonwealths (Guam, Puerto Rico, American Samoa, Virgin Islands, Northern Mariana Islands)) and their subgrantees. The STOP Violence Against Women Formula Grants Program was authorized through the Violence Against Women Act of 1994

(VAWA)and reauthorized and amended by the Violence Against Women Act of 2000 (VAWA 2000) and by the Violence Against Women Act of 2005 (VAWA 2005). Its purpose is to promote a coordinated, multi-disciplinary approach to improving the criminal justice system's response to violence against women. The STOP Formula Grants Program envisions a partnership among law enforcement, prosecution, courts, and victim advocacy organizations to enhance victim safety and hold offenders accountable for their crimes of violence against women. OVW administers the STOP Formula Grants Program. The grant funds must be distributed by STOP state administrators to subgrantees according to a statutory formula (as amended by VAWA 2000 and by VAWA 2005).

(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply:* It is estimated that it will take the 56 respondents (STOP administrators) approximately one hour to complete an annual progress report. It is estimated that it will take approximately one hour for roughly 2500 subgrantees 1 to complete the relevant portion of the annual progress report. The Annual Progress Report for the STOP Formula Grants Program is divided into sections that pertain to the different types of activities that subgrantees may engage in and the different types of subgrantees that receive funds, i.e. law enforcement agencies, prosecutors' offices, courts, victim services agencies, etc. 1 Each year the number of STOP subgrantees changes. The number 2,500 is based on the number of reports that OVW has received in the past from STOP subgrantees.

(6)*An estimate of the total public burden (in hours) associated with the collection:* The total annual hour burden to complete the annual progress report is 2556 hours. If additional information is required contact: Lynn Bryant, Deputy Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Suite 1600, Patrick Henry Building, 601 D Street NW., Washington, DC 20530. Dated: March 13, 2008. Lynn Bryant, Department Clearance Officer, United States Department of Justice. [FR Doc. E8-5410 Filed 3-17-08; 8:45 am] BILLING CODE 4410-FX-P DEPARTMENT OF JUSTICE [OMB Number 1122-0007] Office on Violence Against Women; Agency Information Collection Activities: Revision of a Currently Approved Collection ACTION: 60-Day Notice of Information Collection Under Review: Semi-Annual Progress Report for the Legal Assistance for Victims Grant Program. The Department of Justice, Office on Violence Against Women

(OVW)will be submitting the following information collection request to the Office of Management and Budget

(1)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;

(2)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;

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

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

(2)*Title of the Form/Collection:* Semi-Annual Progress Report for Grantees of the Legal Assistance for Victims Grant Program.

(3)*Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection:* Form Number: 1122-0007. U.S. Department of Justice, Office on Violence Against Women.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* The affected public includes the approximately 200 grantees of the Legal Assistance for Victims Grant Program (LAV Program) whose eligibility is determined by statute. In 1998, Congress appropriated funding to provide civil legal assistance to domestic violence victims through a set-aside under the Grants to Combat Violence Against Women, Public Law 105-277. In the Violence Against Women Act of 2000 and again in 2005, Congress statutorily authorized the LAV Program. 42 U.S.C. 3796gg-6. The LAV Program is intended to increase the availability of legal assistance necessary to provide effective aid to victims of domestic violence, stalking, or sexual assault who are seeking relief in legal matters arising as a consequence of that abuse or violence. The LAV Program awards grants to law school legal clinics, legal aid or legal services programs, domestic violence victims' shelters, bar associations, sexual assault programs, private nonprofit entities, and Indian tribal governments. These grants are for providing direct legal services to victims of domestic violence, sexual assault, and stalking in matters arising from the abuse or violence and for providing enhanced training for lawyers representing these victims. The goal of the Program is to develop innovative, collaborative projects that provide quality representation to victims of domestic violence, sexual assault, and stalking.

(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply:* It is estimated that it will take the approximately 200 respondents (LAV Program grantees) approximately one hour to complete a semi-annual progress report. The semi-annual progress report is divided into sections that pertain to the different types of activities that grantees may engage in and the different types of grantees that receive funds. An LAV Program grantee will only be required to complete the sections of the form that pertain to its own specific activities.

(6)*An estimate of the total public burden (in hours) associated with the collection:* The total annual hour burden to complete the data collection forms is 400 hours, that is 200 grantees completing a form twice a year with an estimated completion time for the form being one hour. If additional information is required contact: Lynn Bryant, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Suite 1600, Patrick Henry Building, 601 D Street, NW., Washington, DC 20530. Dated: March 13, 2008. Lynn Bryant, Department Clearance Officer, PRA, United States Department of Justice. [FR Doc. E8-5411 Filed 3-17-08; 8:45 am] BILLING CODE 4410-FX-P DEPARTMENT OF JUSTICE [OMB Number 1122-0016] Office on Violence Against Women; Agency Information Collection Activities: Revision of a Currently Approved Collection ACTION: 60-Day Notice of Information Collection Under Review: Semi-Annual Progress Report for the Transitional Housing Assistance Grant Program. The Department of Justice, Office on Violence Against Women

(OVW)will be submitting the following information collection request to the Office of Management and Budget

(1)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;

(2)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;

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

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

(2)*Title of the Form/Collection:* Semi-Annual Progress Report for Grantees of the Transitional Housing Assistance Grant Program.

(3)*Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection:* Form Number: 1122-0016. U.S. Department of Justice, Office on Violence Against Women.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* The affected public includes the approximately 120 grantees of the Transitional Housing Assistance Grant Program (Transitional Housing Program) whose eligibility is determined by statute. This discretionary grant program provides transitional housing, short-term housing assistance, and related support services for individuals who are homeless, or in need of transitional housing or other housing assistance, as a result of fleeing a situation of domestic violence, dating violence, sexual assault, or stalking, and for whom emergency shelter services or other crisis intervention services are unavailable or insufficient. Eligible applicants are States, units of local government, Indian tribal governments, and other organizations, including domestic violence and sexual assault victim services providers, domestic violence or sexual assault coalitions, other nonprofit, nongovernmental organizations, or community-based and culturally specific organizations, that have a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking.

(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply:* It is estimated that it will take the 120 respondents (grantees) approximately one hour to complete the Semi-Annual Progress Report. The semi-annual progress report is divided into sections that pertain to the different types of activities that grantees may engage in and the different types of grantees that receive funds. A Transitional Housing Program grantee will only be required to complete the sections of the form that pertain to its own specific activities.

(6)*An estimate of the total public burden (in hours) associated with the collection:* The total annual hour burden to complete the data collection forms is 240 hours, that is 120 grantees completing a form twice a year with an estimated completion time for the form being one hour. If additional information is required contact: Lynn Bryant, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Suite 1600, Patrick Henry Building, 601 D Street NW., Washington, DC 20530. Dated: March 13, 2008. Lynn Bryant, Department Clearance Officer, PRA, United States Department of Justice. [FR Doc. E8-5412 Filed 3-17-08; 8:45 am] BILLING CODE 4410-FX-P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) In accordance with Departmental policy, 28 CFR 50.7, notice is hereby given that on March 11, 2008, a proposed Consent Decree in *United States* v. *City of Jacksonville, Florida* , Civil Action No. 308-CV-257 (J-20TEM), was lodged with the United States District Court for the Middle District of Florida, Jacksonville Division. The Consent Decree represents the settlement of claims brought by the United States pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The complaint contained claims seeking injunctive relief and the recovery of costs incurred by the United States in connection with the release and threatened release of hazardous substances from facilities known as the Brown's Dump Site and the Jacksonville Ash Site, which are located within the City of Jacksonville. For approximately fifty years, the City operated two incinerators and a landfill resulting in widespread contamination in and around Jacksonville. The sites are contaminated with incinerator ash, which contains metals, arsenic, polyaromatic hydrocarbons and dioxin, among other things. The Jacksonville Ash site

(JAS)includes three separate locations of former waste processing and/or disposal facilities operated or used by the City. The JAS consists of two former city incinerators at Forest Street and at 5th and Cleveland Streets, and a former dump site that is now occupied by the Lonnie C. Miller, Sr. Park. All three locations are in the northwest portion of Jacksonville in Duval County, Florida. The Brown's Dump Site consists of the former Mary McLeod Bethune Elementary School, an electrical substation of the Jacksonville Electric Authority, surrounding single family homes and apartment buildings. In August 2006, the U.S. Environmental Protection Agency selected cleanup plans for the two sites. The plans require soil excavation at residential properties, schools and parks, and the installation of a two-foot layer of clean soil. Excavated soil will be solidified and stabilized in accordance with federal regulations, as needed, prior to off-site disposal at an appropriate landfill. The plans will provide for various measures to protect human health and the environment. Remediation will also be conducted at streams and creeks, and groundwater will be monitored to ensure protection of public health and the environment. In addition, the Consent Decree requires the City to reimburse the United States for costs incurred in connection with the Sites. The Department of Justice will receive for a period of thirty

(30)days from the date of this publication comments relating to the 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. *City of Jacksonville, Florida* , D.J. Ref. 90-11-3-08080. The Consent Decree may be examined at U.S. EPA Region 4, Atlanta Federal Center, 61 Forsyth Street, Atlanta, Georgia 30303. During the public comment period, the 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 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 no.

(202)514-0097, phone confirmation number

(202)514-1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $12.25 (for the Consent Decree only and $175.50 for the Consent Decree and all exhibits thereto) (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, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8-5380 Filed 3-17-08; 8:45 am] BILLING CODE 4410-15-P DEPARTMENT OF JUSTICE Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Notice is hereby given that on February 22, 2008, a proposed Settlement Agreement was filed with the United States Bankruptcy Court for the Southern District of Texas in *In re ASARCO LLC, et al.* , No. 05-21207 (Bankr. S.D. Tex.). The Settlement Agreement addresses the Barker Hughesville (Block P) Site in Cascade and Judith Basin Counties, Montana. Under the proposed settlement, the United States will have an allowed general unsecured claim of $1 million and the State of Montana will have an allowed general unsecured claim of $7.1 million. For thirty

(30)days after the date of this publication, the Department of Justice will receive comments relating to the Settlement Agreement. 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 Environmental Enforcement Section, U.S. Department of Justice, P.O. Box. 7611, Washington, DC 20044-7611. In either case, comments should refer to *In re Asarco LLC* , No. 05-21207 (Bankr. S.D. Tex.), D.J. Ref. No. 90-11-3-08633. Commenters may request an opportunity for a public meeting in the affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d). The proposed Settlement Agreement may be examined at the office of the United States Attorney for the Southern District of Texas, 800 North Shoreline Blvd, #500, Corpus Christi, TX 78476-2001, and at the Region 7 office of the United States Environmental Protection Agency, 901 North Fifth Street, Kansas City, KS 66101. During the comment period, the proposed Settlement Agreement may also be examined on the following Department of Justice website: *http://www.usdoj.gov/enrd/Consent_Decrees.html* . A copy of the proposed Settlement Agreement may also be obtained by mail from the Department of Justice 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 no.

(202)514-0097, phone confirmation number

(202)514-1547. In requesting a copy of the Settlement Agreement from the Consent Decree Library, please enclose a check in the amount of $3.25 (25 cents per page reproduction costs) payable to the United States Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Robert E. Maher, Jr., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8-5350 Filed 3-17-08; 8:45 am] BILLING CODE 4410-15-P DEPARTMENT OF JUSTICE Antitrust Division United States v. Cookson Group PLC, et. al.; Proposed Final Judgment and Competitive Impact Statement Notice is hereby given pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)-(h), that a proposed Final Judgment and Competitive Impact Statement have been filed with the United States District Court for the District of Columbia in *United States* v. *Cookson Group* plc, *et. al.,* Civil Action No. 1:08-cv-00389. On March 4, 2008, the United States filed a Complaint to obtain equitable and other relief against defendants Cookson Group plc and Cookson America Inc. (“Cookson”), and Foseco plc and Foseco Metallurgical Inc. (“Foseco”) to prevent Cookson's proposed acquisition of Foseco. The Complaint alleges that Cookson's acquisition of Foseco's United States carbon-bonded ceramic refractory (“CBC”) business would substantially lessen competition in the United States in the development, manufacture, and sale of certain CBCs, in violation of section 7 of the Clayton Act, as amended, 15 U.S.C. 18. The proposed Final Judgment, filed on March 4, 2008, requires defendants to divest Foseco's entire United States CBC business, including its plant in Saybrook, Ohio and related assets. Copies of the Complaint, proposed Final Judgment, and Competitive Impact Statement are available for inspection at the Department of Justice, Antitrust Division, Antitrust Documents Group, 325 7th Street, NW., Room 215, Washington, DC 20530 (telephone: 202-514-2481), on the Department of Justice's Web site at *http://www.usdoj.gov/atr* , and at the Office of the Clerk of the United States District Court for the District of Columbia, Washington, DC. Copies of these materials may be obtained from the Antitrust Division upon request and payment of a copying fee set by Department of Justice regulations. Public comment is invited within 60 days of the date of this notice. Such comments, and Responses thereto, will be published in the **Federal Register** and filed with the Court. Comments should be directed to Maribeth Petrizzi, Chief, Litigation II Section, Antitrust Division, U.S. Department of Justice, 1401 H Street, NW., Suite 3000, Washington, DC 20530 (telephone: 202-307-0924). J. Robert Kramer II, Director of Operations, Antitrust Division. United States District Court for the District of Columbia United States of America, Department of Justice, Antitrust Division, 1401 H Street, NW., Suite 3000, Washington, DC 20530, Plaintiff, v. Cookson Group, PLC, 165 Fleet Street, London EC4A 2AE, England; Cookson America, Inc., I Cookson Place, Providence, RI 02903-3248; FOSECO PLC, Coleshill Road, Fazeley, Tamworth, Staffordshire B78 3TL, England; and FOSECO Metallurgical Inc., 20200 Sheldon Road, Cleveland, OH 44142, Defendants; Civil Action No. 1:08-cv-00389; Judge: Urbina, Ricardo M.; Deck Type: Antitrust; Date Stamp: March 4, 2008 Complaint The United States of America, acting under the direction of the Attorney General of the United States, brings this civil antitrust action to enjoin the proposed acquisition by Cookson Group plc of Foseco plc and to obtain equitable and other relief. The United States complains and alleges as follows: I. Nature of the Action 1. On October 11, 2007, Cookson and Foseco announced that they had reached agreement on the terms of a recommended cash offer by Cookson for the entire issued and to-be-issued share capital of Foseco in a transaction valued at approximately $1 billion. 2. Cookson and Foseco both manufacture and sell isostatically pressed carbon bonded ceramics products (“CBCs”), which are used to control the flow and enhance the quality of steel produced in the continuous casting steelmaking process. Cookson's proposed acquisition of Foseco would combine two of only three North American manufacturers of certain CBCs. 3. The United States brings this action to enjoin Cookson's proposed acquisition of Foseco because it would substantially lessen competition in the markets for certain CBCs in violation of section 7 of the Clayton Act, 15 U.S.C. 18. II. Parties to the Proposed Acquisition 4. Cookson Group plc (“Cookson”), a United Kingdom corporation with its headquarters in London, England, is a manufacturer and processor of ceramics, electronics, and precious metals. Cookson's total 2006 worldwide revenues were approximately $3.3 billion, and its total 2006 U.S. revenues were about $356 million. Cookson America Inc., a wholly-owned subsidiary of Cookson Group plc, is a Delaware corporation with its headquarters in Providence, Rhode Island. Cookson, through its subsidiaries, manufactures CBCs in the United States and Mexico and distributes them throughout the United States. In 2006, Cookson's U.S. CBC revenues were about $75 million. 5. Foseco plc, a United Kingdom corporation with its headquarters in Staffordshire, England, manufactures refractories and related products for sale, and offers services worldwide to the steel and foundry industries. Its total 2006 worldwide revenues were approximately $817 million, and its total 2006 U.S. revenues were about $110 million. Foseco Metallurgical Inc., a wholly-owned subsidiary of Foseco plc, is a Delaware corporation with its headquarters in Cleveland, Ohio (together with Foseco plc, “Foseco”). Foseco manufactures CBCs in the United States and distributes them throughout the United States. In 2006, Foseco's U.S. CBC revenues were about $4 million. III. Jurisdiction and Venue 6. The United States brings this action under section 15 of the Clayton Act, as amended, 15 U.S.C. 25, to prevent and restrain the Defendants from violating section 7 of the Clayton Act, 15 U.S.C. 18. 7. Defendants manufacture and sell CBCs in the flow of interstate commerce. Defendants' activities in manufacturing and selling these products substantially affect interstate commerce. This Court has subject matter jurisdiction over this action pursuant to section 12 of the Clayton Act, 15 U.S.C. 22, and 28 U.S.C. 1331, 1337(a), and 1345. 8. Defendants have consented to venue and personal jurisdiction in this judicial district and venue is proper under 28 U.S.C. 1391(d). IV. Trade and Commerce A. CBCs Generally 9. Refractories are non-metallic ceramics that serve as a heat buffer or lining in industrial devices because they withstand extremely high temperatures. In the steelmaking process, refractory products serve as barriers between hot molten steel and the non-consumable equipment such as the furnaces, ladles, and tundishes. A ladle is a large container that receives molten steel from a furnace; a tundish is a receptacle that receives steel from the ladle and to controls the flow of steel into molds during the continuous casting process. 10. CBCs are consumable, isostatically pressed refractory products that control the flow of molten steel from the ladle to the tundish and onto the continuous casting mold during the continuous casting process. CBCs are consumed through exposure to molten steel and must be replaced frequently. 11. Isostatic pressing is a process used in the manufacture of CBCs to increase the refractory materials' density and homogeneity, resulting in a CBC with increased thermal shock resistance and resistivity to chemical attack. Carbon-bonded alumina graphite is the main refractory material used to make CBCs. 12. The “design” of a CBC refers to both its shape and the alumina graphite recipe. Each customer uses different designs tailored to the equipment it uses in the casting process. Customers with multiple plants require custom-designed CBCs for each plant and may require multiple custom-designed CBCs within each plant. Designs depend on variables such as the customer's cast strand size and shape, casting speed, and the steel grades produced. Customers change CBC recipes and/or shapes in order to improve steel quality, meet new steel specifications, or save on CBC costs. 13. CBCs undergo rigorous testing by the manufacturer and the customer to ensure reliable performance and value under actual casting conditions. Because CBCs are critical to the steelmaking process, most customers have a policy of splitting sales between at least two suppliers to ensure supply. B. The Relevant Product Markets 1. Ladle Shrouds 14. Ladle shrouds are CBCs that prevent molten steel from re-oxidizing and ensure the steel transfers safely from the ladle to the tundish. 15. There are no good substitutes for ladle shrouds. A small but significant post-acquisition increase in the price of ladle shrouds would not cause customers to substitute another product or otherwise reduce their usage of ladle shrouds in sufficient quantities so as to make such a price increase unprofitable. 16. The manufacture and sale of ladle shrouds is a line of commerce and a relevant product market within the meaning of section 7 of the Clayton Act. 2. Stopper Rods 17. Stopper rods are CBCs used to control the flow of steel out of the tundish and are one of two types of devices, the other being slide gate systems, that can perform this function. Customers use only one device or the other in a given tundish. The choice of device depends on the design of the tundish. Once the choice of tundish design has been made, a customer cannot switch from a stopper rod to a slide gate system without also replacing or substantially reconfiguring the tundish-significantly disrupting their operations. 18. Because of high switching costs, a small but significant post-acquisition increase in the price of stopper rods would not cause customers to switch to slide gate systems or otherwise reduce their usage of stopper rods in sufficient quantities so as to make such a price increase unprofitable. 19. The manufacture and sale of stopper rods is a line of commerce and a relevant product market within the meaning of section 7 of the Clayton Act. C. The Relevant Geographic Markets 20. Cookson and Foseco manufacture ladle shrouds and stopper rods at facilities in North America for sale in the United States. 21. Virtually all ladle shrouds and stopper rods purchased by customers in the United States are produced in plants located in North America. Although a few manufacturers outside of North America make ladle shrouds and stopper rods, firms with production facilities in North America have a significant advantage over these foreign manufacturers in delivered cost and/or in competing for customers that value shorter lead times in their supply chain. 22. A small but significant post-acquisition increase in the price of ladle shrouds and stopper rods would not cause customers in North America to switch to purchases from manufacturers outside of North America in sufficient numbers so as to make such a price increase unprofitable. 23. Accordingly, within the meaning of section 7 of the Clayton Act, the relevant geographic market for ladle shrouds and stopper rods is North America. D. Anticompetitive Effects: The Proposed Transaction Will Harm Competition in the Markets for Ladle Shrouds and Stopper Rods 24. The production of ladle shrouds and stopper rods involves similar materials and manufacturing processes. In general, manufacturers that are successful in selling ladle shrouds to U.S. customers are also successful in selling stopper rods to U.S. customers, and vice versa. 25. Cookson and Foseco are two of only three firms that manufacture and sell the vast majority of ladle shrouds and stopper rods to U.S. customers. Cookson and Foseco have competed with one another on price, service, and innovation in the markets for stopper rods and ladle shrouds. The markets for ladle shrouds and stopper rods would become substantially more concentrated if Cookson acquires Foseco. Cookson and Foseco would have a combined share of approximately 75 percent. Using a measure of market concentration called the Herfindahl-Hirschman Index (“HHI”) (defined and explained in Appendix A), the proposed transaction would increase the HHI in both markets by approximately 700 points to a post-transaction level in excess of 6000. 26. Customers request bids from ladle shroud and stopper rod suppliers and consider price, quality, service, and innovation in selecting the winning bidder. The proposed acquisition will eliminate Foseco as an independent bidder. 27. This reduction in the number of active bidders from three to two will reduce competition and likely will result in higher prices and/or reductions in service and innovation for a significant number of customers in the markets for ladle shrouds and stopper rods. The likely anticompetitive effect is heightened due to customers' preferences to maintain supply relationships with two independent suppliers simultaneously. In light of such preferences, the proposed acquisition will eliminate competition to be a customer's second supplier. 28. Foreign manufacturers likely will not have the incentive or ability to defeat an anticompetitive increase in price or reduction in service or innovation because of their high delivered costs, customers' preferences for North American suppliers, and/or the poor quality and reputation of their products. 29. The proposed acquisition will substantially lessen competition in the manufacture and sale of ladle shrouds and stopper rods in the United States in violation of section 7 of the Clayton Act. E. Entry: New Entrants Will Not Defeat an Exercise of Market Power 30. Successful entry into the ladle shroud and stopper rod markets would not be timely, likely, or sufficient to deter the anticompetitive effects resulting from this transaction. Timely entry sufficient to replace the market impact of Foseco would be difficult for several reasons. A new entrant would need to acquire manufacturing facilities in North America and capital equipment; assemble or develop manufacturing, technical expertise, and personnel; conduct extensive customer trials; and establish a reputation for quality and reliability among U.S. customers. An entrant undertaking these steps would be unable to enter in less than two years. 31. There are foreign firms with a share of the U.S. market for more complex CBCs, known as subentry nozzles and subentry shrouds. Because of the expertise and reputation they have developed in these markets, theoretically they would be capable of entering the domestic market for ladle shrouds and stopper rods. None of these firms, however, are likely to open U.S. manufacturing facilities within the next several years. V. Violation Alleged 32. The proposed acquisition of Foseco by Cookson would substantially lessen competition in interstate trade and commerce in violation of section 7 of the Clayton Act, 15 U.S.C. 18. 33. Unless restrained, the acquisition will have the following anticompetitive effects, among others: a. Competition in the markets for the manufacture and sale of ladle shroud and stopper rods in the United States will be lessened substantially; b. Actual and potential competition between Cookson and Foseco in the manufacture and sale of ladle shrouds and stopper rods in the United States will be eliminated; and c. Prices for ladle shrouds and stopper rods in the United States likely will increase, and/or service and innovation likely will decline. VI. Request for Relief 34. Plaintiff requests that: a. Cookson's proposed acquisition of Foseco be adjudged and decreed to be unlawful and in violation of section 7 of the Clayton Act, 15 U.S.C. 18; b. Defendants and all persons acting on their behalf be permanently enjoined and restrained from consummating the proposed acquisition or from entering into or carrying out any contract, agreement, plan, or understanding, the effect of which would be to combine Cookson with the operations of Foseco; c. Plaintiff be awarded its costs for this action; and d. Plaintiff receive such other and further relief as the Court deems just and proper. Respectfully submitted, For Plaintiff United States of America: /s/ Thomas O. Barnett, Assistant Attorney General DC Bar #426840. /s/ Maribeth Petrizzi, Chief, Litigation II Section D.C. Bar #435204. /s/ David L. Meyer, Deputy Assistant Attorney General DC Bar #414420. /s/ J. Robert Kramer II, Director of Operations and Civil Enforcement /s/ Dorothy B. Fountain, Assistant Chief, Litigation II Section DC Bar #439469 /s/ Leslie Peritz, Helena Gardner, Attorneys, United States Department of Justice, Antitrust Division, Litigation II Section 1401 H Street, NW., Suite 3000, Washington, DC 20530

(202)307-0924. Dated: March 4, 2008. Appendix A—Definition of “HHI” The term “HHI” means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. The HHI is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. For example, for a market consisting of four firms with shares of 30, 30, 20, and 20 percent, the HHI is 2,600 (30 2 +30 2 +20 2 +20 2 =2,600). The HHI takes into account the relative size and distribution of the firms in a market. It approaches zero when a market is occupied by a large number of firms of relatively equal size and reaches its maximum of 10,000 when a market is controlled by a single firm. The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. Markets in which the HHI is between 1000 and 1800 points are considered to be moderately concentrated, and markets in which the HHI is in excess of 1800 points are considered to be highly concentrated. Transactions that increase the HHI by more than 100 points in highly concentrated markets presumptively raise significant antitrust concerns under the Department of Justice and Federal Trade Commission 1992 Horizontal Merger Guidelines. United States District Court for the District of Columbia United States of America, Plaintiff, v. Cookson Group PLC, Cookson America Inc., FOSECO PLC, and FOSECO Metallurgical Inc., Defendants; Case No.: 1:08-cv-00389, Judge: Urbina, Ricardo M. Deck Type: Antitrust; Date Stamp: March 4, 2008 Final Judgment *Whereas,* Plaintiff, United States of America, filed its Complaint on March 4, 2008, the United States and defendants, Cookson Group plc and Cookson America Inc. and Foseco plc and Foseco Metallurgical Inc., by their respective attorneys, have consented to the entry of this Final Judgment without trial or adjudication of any issue of fact or law, And without this Final Judgment constituting any evidence against or admission by any party regarding any issue of fact or law; *And whereas,* defendants agree to be bound by the provisions of this Final Judgment pending its approval by the Court; *And whereas,* the essence of this Final Judgment is the prompt and certain divestiture of certain rights or assets by the defendants to assure that competition is not substantially lessened; *And whereas,* the United States requires defendants to make a certain divestiture for the purpose of remedying the loss of competition alleged in the Complaint; *And whereas,* defendants have represented to the United States that the divestiture required below can and will be made and that defendants will later raise no claim of hardship or difficulty as grounds for asking the Court to modify any of the divestiture provisions contained below; *Now therefore,* before any testimony is taken, without trial or adjudication of any issue of fact or law, and upon consent of the parties, it is *ordered, adjudged and decreed:* I. Jurisdiction This Court has jurisdiction over the subject matter of and each of the parties to this action. The Complaint states a claim upon which relief may be granted against defendants under section 7 of the Clayton Act, as amended (15 U.S.C. 18). II. Definitions As used in this Final Judgment: A. “Cookson” means defendant Cookson Group plc, a United Kingdom corporation with its headquarters in London, England, and Cookson America Inc., a Delaware Corporation with its headquarters in Providence, Rhode Island and includes its successors and assigns, and its subsidiaries, divisions, groups, affiliates, partnerships and joint ventures, and their directors, officers, managers, agents, and employees. B. “Foseco” means defendant Foseco plc, a United Kingdom corporation with its headquarters in Tamworth, Staffordshire, England, and Foseco Metallurgical Inc., a Delaware corporation with its headquarters in Cleveland, Ohio and includes its successors and assigns, and its subsidiaries, divisions, groups, affiliates, partnerships and joint ventures, and their directors, officers, managers, agents, and employees. C. “CBCs” means consumable, isostatically pressed refractory products made of carbon-bonded alumina graphite that control the flow of molten steel from the steel ladle to the continuous casting mold during the continuous casting of steel. D. “Divestiture Business” means Foseco's entire business engaged in the development, design, production, servicing, distribution, and sale of CBCs in the United States, including: 1. Foseco's Saybrook, Ohio facility, and the related leasehold; 2. all tangible assets used in the development, design, production, servicing, distribution, and sale of CBCs in the United States, including but not limited to all research data and activities and development activities; all manufacturing equipment, including but not limited to batch mix equipment, presses, drying and oven/kilning, finishing, packaging, and tooling; all fixed assets, real property (leased or owned), personal property, inventory, office furniture, materials, supplies, on-or off-site warehouses or storage facilities relating to the factory and property, and all other tangible property; all licenses, permits and authorizations issued by any governmental organization; all contracts, teaming arrangements, agreements, leases (including renewal rights), commitments, certifications, and understandings, including supply agreements; all customer lists, contracts, accounts, and credit records or similar records of all sales and potential sales; all sales support and promotional materials, advertising materials, and production, sales and marketing files; all repair and performance records; all other records; and, at the option of the Acquirer, Foseco's U.S. water-modeling assets; 3. all intangible assets used in the development, design, production, servicing, distribution, and sale of CBCs in the United States, including, but not limited to, all patents, all pending patent applications, licenses and sublicenses, intellectual property, copyrights, trademarks (registered and unregistered), trade names, service marks, and service names relating to the Divestiture Business, but excluding the corporate-level name and device and trademark of Foseco; all technical information, computer software and related documentation, know-how, trade secrets, drawings, blueprints, designs, design protocols, specifications for materials, specifications for parts and devices, safety procedures for the handling of materials and substances, all research data concerning historic and current research and development; quality assurance and control procedures, design tools, and simulation capability; all manuals and technical information provided to employees, customers, suppliers, agents or licensees, and all research data concerning historic and current research and development efforts relating to the Divestiture Business, including, but not limited to, designs of CBCs, and the results of successful and unsuccessful designs and trials; and 4. notwithstanding anything to the contrary in this Final Judgment, if requested by an Acquirer, and subject to the approval of the United States in its sole discretion, defendants shall offer to enter into a transition services agreement for a limited period with respect to certain support services (e.g., HR, IT, and/or health and safety). E. “Bonnybridge Business” means Foseco's European CBC business and its facilities in Bonnybridge, Stirlingshire, Scotland, which the European Commission has required to be divested along with the Divestiture Business. F. “Acquirer” means the entity to which defendants divest the Divestiture Business. III. Applicability A. This Final Judgment applies to Cookson and Foseco, as defined above, and all other persons in active concert or participation with any of them who receive actual notice of this Final Judgment by personal service or otherwise. B. If, prior to complying with section IV and V of this Final Judgment, defendants sell or otherwise dispose of all or substantially all of their assets or of lesser business units that include the Divestiture Business, they shall require the purchaser to be bound by the provisions of this Final Judgment. Defendants need not obtain such an agreement from the Acquirer of the assets divested pursuant to this Final Judgment. IV. Divestiture A. Defendants are ordered and directed, within ninety

(90)calendar days after the filing of the Complaint in this matter, or five

(5)calendar days after notice of the entry of this Final Judgment by the Court, whichever is later, to divest the Divestiture Business in a manner consistent with this Final Judgment to an Acquirer acceptable to the United States, in its sole discretion after consultation with the European Commission. The United States, in its sole discretion, may agree to one or more extensions of this time period not to exceed 60 calendar days in total, and shall notify the Court in such circumstances. Defendants agree to use their best efforts to divest the Divestiture Business as expeditiously as possible. B. In accomplishing the divestiture ordered by this Final Judgment, defendants promptly shall make known, by usual and customary means, the availability of the Divestiture Business. Defendants shall inform any person making inquiry regarding a possible purchase of the Divestiture Business that it is being divested pursuant to this Final Judgment and provide that person with a copy of this Final Judgment. Defendants shall offer to furnish to all prospective Acquirers, subject to customary confidentiality assurances, all information and documents relating to the Divestiture Business customarily provided in a due diligence process except such information or documents subject to the attorney-client privileges or work-product doctrine. Defendants shall make available such information to the United States at the same time that such information is made available to any other person. C. Defendants shall provide the Acquirer and the United States information relating to the personnel involved in the production, operation, research and development, design, and sale of CBCs to enable the Acquirer to make offers of employment. Defendants shall not interfere with any negotiations by the Acquirer to employ or contract with any defendant employee responsible for any such activity related to the Divestiture Business. D. Defendants shall permit prospective Acquirers of the Divestiture Business to have reasonable access to personnel responsible for the Divestiture Business; to make inspections of the physical facilities of the Divestiture Business; to have access to any and all environmental, zoning, and other permit documents and information; and to have access to any and all financial, operational, or other documents and information customarily provided as part of a due diligence process. E. Defendants shall warrant to the Acquirer that the Divestiture Business will be operational on the date of sale. F. Defendants shall not take any action that will impede in any way the permitting, operation, or divestiture of the Divestiture Business. G. Defendants shall warrant to the Acquirer that there are no material defects in the environmental, zoning or other permits pertaining to the operation of the Divestiture Business, and that following the sale of the Divestiture Business, defendants will not undertake, directly or indirectly, any challenges to the environmental, zoning, or other permits relating to the operation of the Divestiture Business. H. Unless the United States otherwise consents in writing, the divestiture pursuant to section IV, or by trustee appointed pursuant to section V, of this Final Judgment, shall include the entire Divestiture Business, and shall be accomplished in such a way as to satisfy the United States, in its sole discretion, that the Divestiture Business can and will be used by the Acquirer as part of a viable, ongoing business for the manufacture and sale of CBCs in the United States. The divestiture, whether pursuant to section IV or section V of this Final Judgment, 1. shall be made to the acquirer of the Bonnybridge Business; 2. shall be made to an Acquirer that, in the United States's sole judgment, has the intent and capability (including the necessary managerial, operational, technical and financial capability) of competing effectively in the manufacture and sale of CBCs in the United States; and 3. shall be accomplished so as to satisfy the United States, in its sole discretion, that none of the terms of any agreement between an Acquirer and defendants give defendants the ability unreasonably to raise the Acquirer's costs, to lower the Acquirer's efficiency, or otherwise to interfere in the ability of the Acquirer to compete effectively in the manufacture and sale of CBCs in the United States. V. Appointment of Trustee A. If defendants have not divested the Divestiture Business within the time period specified in section IV(A), defendants shall notify the United States of that fact in writing. Upon application of the United States, the Court shall appoint a trustee selected by the United States, in consultation with the European Commission to ensure selection of a trustee acceptable to both the United States and the European Commission, and approved by the Court to effect the divestiture of the Divestiture Business. B. After the appointment of a trustee becomes effective, only the trustee shall have the right to sell the Divestiture Business. The trustee shall have the power and authority to accomplish the divestiture to an Acquirer acceptable to the United States at such price and on such terms as are then obtainable upon reasonable effort by the trustee, subject to the provisions of sections IV, V, and VI of this Final Judgment, and shall have such other powers as this Court deems appropriate. Subject to section V(D) of this Final Judgment, the trustee may hire at the cost and expense of defendants any investment bankers, attorneys, or other agents, who shall be solely accountable to the trustee, reasonably necessary in the trustee's judgment to assist in the divestiture. C. Defendants shall not object to a sale by the trustee on any ground other than the trustee's malfeasance or that the Acquirer has not been approved by the European Commission. Any objection by defendants on the ground of trustee malfeasance must be conveyed in writing to the United States and the trustee within ten

(10)calendar days after the trustee has provided the notice required under section VI; any objection by defendants based on lack of approval from the European Commission must be conveyed in writing to the United States and the trustee within the later of

(i)five

(5)days after the United States provides defendants with written notice, pursuant to section VI(C), stating that it does not object to the proposed divestiture of the Divestiture Business or

(ii)two

(2)business days after the European Commission notifies defendants that it does not approve of the proposed Acquirer. D. The trustee shall serve at the cost and expense of defendants, on such terms and conditions as the United States approves, and shall account for all monies derived from the sale of the assets sold by the trustee and all costs and expenses so incurred. After approval by the Court of the trustee's accounting, including fees for its services and those of any professionals and agents retained by the trustee, all remaining money shall be paid to defendants and the trust shall then be terminated. The compensation of the trustee and any professionals and agents retained by the trustee shall be reasonable in light of the value of the Divestiture Business and based on a fee arrangement providing the trustee with an incentive based on the price and terms of the divestiture and the speed with which it is accomplished, but timeliness is paramount. E. Defendants shall use their best efforts to assist the trustee in accomplishing the required divestiture. The trustee and any consultants, accountants, attorneys, and other persons retained by the trustee shall have full and complete access to the personnel, books, records, and facilities of the business to be divested, and defendants shall develop financial and other information relevant to such business as the trustee may reasonably request, subject to reasonable protection for trade secret or other confidential research, development, or commercial information. Defendants shall take no action to interfere with or to impede the trustee's accomplishment of the divestiture. F. After its appointment, the trustee shall file monthly reports with the United States and the Court setting forth the trustee's efforts to accomplish the divestiture ordered under this Final Judgment. To the extent such reports contain information that the trustee deems confidential, such reports shall not be filed in the public docket of the Court. Such reports shall include the name, address, and telephone number of each person who, during the preceding month, made an offer to acquire, expressed an interest in acquiring, entered into negotiations to acquire, or was contacted or made an inquiry about acquiring, any interest in the Divestiture Business, and shall describe in detail each contact with any such person. The trustee shall maintain full records of all efforts made to divest the Divestiture Business. G. If the trustee has not accomplished the divestiture ordered under this Final Judgment within six months after its appointment, the trustee shall promptly file with the Court a report setting forth

(1)the trustee's efforts to accomplish the required divestiture,

(2)the reasons, in the trustee's judgment, why the required divestiture has not been accomplished, and

(3)the trustee's recommendations. To the extent such reports contain information that the trustee deems confidential, such reports shall not be filed in the public docket of the Court. The trustee shall at the same time furnish such report to the United States which shall have the right to make additional recommendations consistent with the purpose of the trust. The Court thereafter shall enter such orders as it shall deem appropriate to carry out the purpose of the Final Judgment, which may, if necessary, include extending the trust and the term of the trustee's appointment by a period requested by the United States. VI. Notice of Proposed Divestiture A. Within two

(2)business days following execution of a definitive divestiture agreement, defendants or the trustee, whichever is then responsible for effecting the divestiture required herein, shall notify the United States of any proposed divestiture required by section IV or V of this Final Judgment. If the trustee is responsible, it shall similarly notify defendants. The notice shall set forth the details of the proposed divestiture and list the name, address, and telephone number of each person not previously identified who offered or expressed an interest in or desire to acquire any ownership interest in the Divestiture Business, together with full details of the same. B. Within fifteen

(15)calendar days of receipt by the United States of such notice, the United States may request from defendants, the proposed Acquirer(s), any other third party, or the trustee, if applicable, additional information concerning the proposed divestiture, the proposed Acquirer(s), and any other potential Acquirer. Defendants and the trustee shall furnish any additional information requested within fifteen

(15)calendar days of the receipt of the request, unless the parties shall otherwise agree. C. Within thirty

(30)calendar days after receipt of the notice or within twenty

(20)calendar days after the United States has been provided the additional information requested from defendants, the proposed Acquirer(s), any third party, and the trustee, whichever is later, the United States shall provide written notice to defendants and the trustee, if there is one, stating whether or not it objects to the proposed divestiture. If the United States provides written notice that it does not object, the divestiture may be consummated, subject only to defendants' limited right to object to the sale under section V(C) of this Final Judgment. Absent written notice that the United States does not object to the proposed Acquirer or upon objection by the United States, a divestiture proposed under section IV or section V shall not be consummated. Upon objection by defendants under section V(C), a divestiture proposed under section V shall not be consummated unless approved by the Court. VII. Financing Defendants shall not finance all or any part of any purchase made pursuant to section IV or V of this Final Judgment. VIII. Hold Separate Until the divestiture required by this Final Judgment has been accomplished, defendants shall take all steps necessary to comply with the Hold Separate Stipulation and Order entered by this Court. Defendants shall take no action that would jeopardize the divestiture ordered by this Court. IX. Affidavits A. Within twenty

(20)calendar days of the filing of the Complaint in this matter, and every thirty

(30)calendar days thereafter until the divestiture has been completed under section IV or V, defendants shall deliver to the United States an affidavit as to the fact and manner of its compliance with section IV or V of this Final Judgment. Each such affidavit shall include the name, address, and telephone number of each person who, during the preceding thirty

(30)calendar days, made an offer to acquire, expressed an interest in acquiring, entered into negotiations to acquire, or was contacted or made an inquiry about acquiring, any interest in the Divestiture Business, and shall describe in detail each contact with any such person during that period. Each such affidavit shall also include a description of the efforts defendants have taken to solicit buyers for the Divestiture Business, and to provide required information to prospective Acquirers, including the limitations, if any, on such information. Assuming the information set forth in the affidavit is true and complete, any objection by the United States to information provided by defendants, including limitations on information, shall be made within fourteen

(14)calendar days of receipt of such affidavit. B. Within twenty

(20)calendar days of the filing of the Complaint in this matter, defendants shall deliver to the United States an affidavit that describes in reasonable detail all actions defendants have taken and all steps defendants have implemented on an ongoing basis to comply with section VIII of this Final Judgment. Defendants shall deliver to the United States an affidavit describing any changes to the efforts and actions outlined in defendants' earlier affidavits filed pursuant to this section within fifteen

(15)calendar days after the change is implemented. C. Defendants shall keep all records of all efforts made to preserve and divest the Divestiture Business until one year after such divestiture has been completed. X. Compliance Inspection A. For the purposes of determining or securing compliance with this Final Judgment, or of determining whether the Final Judgment should be modified or vacated, and subject to any legally recognized privilege, from time to time authorized representatives of the United States Department of Justice, including consultants and other persons retained by the United States, shall, upon written request of an authorized representative of the Assistant Attorney General in charge of the Antitrust Division, and on reasonable notice to defendants, be permitted: 1. Access during defendants' office hours to inspect and copy, or at the option of the United States, to require defendants to provide hard copy or electronic copies of, all books, ledgers, accounts, records, data, and documents in the possession, custody, or control of defendants, relating to any matters contained in this Final Judgment; and 2. to interview, either informally or on the record, defendants' officers, employees, or agents, who may have their individual counsel present, regarding such matters. The interviews shall be subject to the reasonable convenience of the interviewee and without restraint or interference by defendants. B. Upon the written request of an authorized representative of the Assistant Attorney General in charge of the Antitrust Division, defendants shall submit written reports or responses to written interrogatories, under oath if requested, relating to any of the matters contained in this Final Judgment as may be requested. C. No information or documents obtained by the means provided in this section shall be divulged by the United States to any person other than an authorized representative of the executive branch of the United States, except in the course of legal proceedings to which the United States is a party (including grand jury proceedings), or for the purpose of securing compliance with this Final Judgment, or as otherwise required by law. D. If at the time information or documents are furnished by defendants to the United States, defendants represent and identify in writing the material in any such information or documents to which a claim of protection may be asserted under Rule 26(c)(7) of the Federal Rules of Civil Procedure, and defendants mark each pertinent page of such material, “Subject to claim of protection under Rule 26(c)(7) of the Federal Rules of Civil Procedure,” then the United States shall give defendants ten

(10)calendar days notice prior to divulging such material in any legal proceeding (other than a grand jury proceeding). XI. No Reacquisition Defendants may not reacquire any part of the Divestiture Business during the term of this Final Judgment. XII. Retention of Jurisdiction This Court retains jurisdiction to enable any party to this Final Judgment to apply to this Court at any time for further orders and directions as may be necessary or appropriate to carry out or construe this Final Judgment, to modify any of its provisions, to enforce compliance, and to punish violations of its provisions. XIII. Expiration of Final Judgment Unless this Court grants an extension, this Final Judgment shall expire ten years from the date of its entry. XIV. Public Interest Determination Entry of this Final Judgment is in the public interest. The parties have complied with the requirements of the Antitrust Procedures and Penalties Act, 15 U.S.C. 16, including making copies available to the public of this Final Judgment, the Competitive Impact Statement, and any comments thereon and the United States's responses to comments. Based upon the record before the Court, which includes the Competitive Impact Statement and any comments and response to comments filed with the Court, entry of this Final Judgment is in the public interest. Date: Court approval subject to procedures of Antitrust Procedures and Penalties Act, 15 U.S.C. 16. United States District Judge. The United States District Court for the District of Columbia United States of America, Plaintiff, v. Cookson Group PLC, Cookson America Inc., FOSECO PLC, and FOSECO Metallurgical Inc., Defendants; Case No.: 1:08-cv-00389; Judge: Urbina, Ricardo M.; Deck Type: Antitrust; Date Stamp: March 4, 2008. Competitive Impact Statement Plaintiff United States of America (“United States”), pursuant to section 2(b) of the Antitrust Procedures and Penalties Act (“APPA” or “Tunney Act”), 15 U.S.C. 16(b)-(h), files this Competitive Impact Statement relating to the proposed Final Judgment submitted for entry in this civil antitrust proceeding. I. Nature and Purpose of the Proceeding Defendant Cookson Group plc and Defendant Foseco plc have entered into an agreement whereby Cookson will acquire Foseco. The United States filed a civil antitrust Complaint on March, 2008 seeking to enjoin the proposed acquisition. The Complaint alleges that the likely effect of this acquisition would be to lessen competition substantially in the markets for certain isostatically pressed carbon bonded ceramics products (“CBCs”), in violation of section 7 of the Clayton Act, 15 U.S.C. 18. This loss of competition likely would result in increased prices and/or a reduction in service and innovation in the manufacture and sale of such CBCs in the United States. At the same time the Complaint was filed, the United States also filed a Hold Separate Stipulation and Order (“Hold Separate”) and proposed Final Judgment, which are designed to eliminate the anticompetitive effects of the acquisition. Under the proposed Final Judgment, which is explained more fully below, defendants are required to divest Foseco's business engaged in the development, design, production, servicing, distribution, and sale of CBCs in the United States, including the CBC plant in Saybrook, Ohio and related assets (hereafter the “Divestiture Business”). Under the terms of the Hold Separate, defendants will take certain steps to ensure that the Divestiture Business is operated as a competitively independent, economically viable, and ongoing business concern; that it will remain independent and uninfluenced by the consummation of the acquisition; and that competition in the market for CBCs is maintained during the pendency of the ordered divestiture. The United States and defendants have stipulated that the proposed Final Judgment may be entered after compliance with the APPA. Entry of the proposed Final Judgment would terminate this action, except that the Court would retain jurisdiction to construe, modify, or enforce the provisions of the proposed Final Judgment and to punish violations thereof. II. Description of the Events Giving Rise to the Alleged Violation A. The Defendants and the Proposed Transaction Cookson, a United Kingdom corporation with its headquarters in London, England, is a manufacturer and processor of ceramics, electronics, and precious metals. Cookson, through its subsidiary, Cookson America Inc., manufactures CBCs in the United States and Mexico and sells them throughout the United States. In 2006, Cookson's U.S. CBC revenues were about $75 million. Foseco, a United Kingdom corporation with its headquarters in Staffordshire, England, manufactures refractories and related products for sale and offers services worldwide to the steel and foundry industries. Foseco, through its subsidiary, Foseco Metallurgical Inc., manufactures CBCs in the United States and sells them throughout the United States. In 2006, Foseco's U.S. CBC revenues were about $4 million. On October 11, 2007, Cookson and Foseco announced that they had reached an agreement on the terms of a recommended cash offer by Cookson for the entire issued and to-be-issued share capital of Foseco in a transaction valued at approximately $1 billion. B. The Competitive Effects of the Transaction 1. CBCs Generally Refractories are non-metallic ceramics that serve as a heat buffer or lining in industrial devices because they withstand extremely high temperatures. In the steelmaking process, refractory products serve as barriers between hot molten steel and the non-consumable equipment such as the furnaces, ladles (large containers that receive molten steel from a furnace), and tundishes (receptacles that receive steel from the ladle). CBCs are consumable, isostatically pressed refractory products that control the flow of molten steel from the ladle to the tundish and onto the continuous casting mold during the continuous casting process. Isostatic pressing is a process used in the manufacture of CBCs to increase the refractory materials' density and homogeneity, resulting in a CBC with increased thermal shock resistance and resistivity to chemical attack. Carbon-bonded alumina graphite is the main refractory material used to make CBCs. CBCs are consumed through exposure to molten steel and must be replaced frequently. The “design” of a CBC refers to both its shape and the alumina graphite recipe. Each customer uses different designs tailored to the equipment it uses in the casting process. Customers with multiple plants require custom-designed CBCs for each plant and may require multiple custom-designed CBCs within each plant. Designs depend on variables such as the customer's cast strand size and shape, casting speed, and the steel grades produced. Customers change CBC recipes and/or shapes in order to improve steel quality, meet new steel specifications, or save on CBC costs. CBCs undergo rigorous testing by the manufacturer and the customer to ensure reliable performance and value under actual casting conditions. Because CBCs are critical to the steelmaking process, most customers have a policy of splitting sales between at least two suppliers to ensure supply. 2. Relevant Product Markets Ladle Shrouds The Complaint alleges that the manufacture and sale of ladle shrouds is a line of commerce and a relevant product market within the meaning of section 7 of the Clayton Act. Ladle shrouds are CBCs that prevent molten steel from re-oxidizing and ensure the steel transfers safely from the ladle to the tundish. There are no good substitutes for ladle shrouds. The Complaint alleges that a small but significant post-acquisition increase in the price of ladle shrouds would not cause customers to substitute another product or otherwise reduce their usage of ladle shrouds in sufficient quantities so as to make such a price increase unprofitable. Accordingly, the manufacture and sale of ladle shrouds is a relevant product market. Stopper Rods The Complaint alleges that the manufacture and sale of stopper rods is a line of commerce and a relevant product market within the meaning of section 7 of the Clayton Act. Stopper rods are CBCs used to control the flow of steel out of the tundish and are one of two types of devices, the other being slide gate systems, that can perform this function. The choice of device depends on the design of the tundish. Once the choice of tundish design has been made, a customer cannot switch from a stopper rod to a slide gate system without also replacing or substantially reconfiguring the tundish-significantly disrupting their operations. The Complaint alleges that, because of high switching costs, a small but significant post-acquisition increase in the price of stopper rods would not cause customers to switch to slide gate systems or otherwise reduce their usage of stopper rods in sufficient quantities so as to make such a price increase unprofitable. Accordingly, the manufacture and sales of stopper rods is a relevant product market. 3. Relevant Geographic Market Cookson and Foseco manufacture ladle shrouds and stopper rods at facilities in North America for sale in the United States. The Complaint alleges that virtually all ladle shrouds and stopper rods purchased by customers in the United States are produced in plants located in North America. Although a few manufacturers outside of North America make ladle shrouds and stopper rods, firms with production facilities in North America have a significant advantage over these foreign manufacturers in delivered cost and/or in competing for customers that value shorter lead times in their supply chain. The Complaint alleges that a small but significant post-acquisition increase in the price of ladle shrouds and stopper rods would not cause customers in North America to switch to purchases from manufacturers outside of North America in sufficient numbers so as to make such a price increase unprofitable. Accordingly, the relevant geographic market for ladle shrouds and stopper rods is North America. 4. Anticompetitive Effects Cookson and Foseco are two of only three firms that manufacture and sell the vast majority of ladle shrouds and stopper rods to U.S. customers. Cookson and Foseco have competed with one another on price, service, and innovation in the markets for stopper rods and ladle shrouds. The markets for ladle shrouds and stopper rods would become substantially more concentrated if Cookson acquires Foseco. For example, Cookson and Foseco would have a combined share of approximately 75 percent. Using a measure of market concentration called the Herfindahl-Hirschman Index (“HHI”) (defined and explained in Appendix A), the proposed transaction will increase the HHI in both markets by approximately 700 points to a post-transaction level in excess of 6000. Customers request bids from ladle shroud and stopper rod suppliers and consider price, quality, service, and innovation when selecting the winning bidder. The proposed acquisition will eliminate Foseco as an independent bidder. This reduction in the number of active bidders from three to two will reduce competition and likely will result in higher prices and/or reductions in service and innovation for a significant number of customers in the markets for ladle shrouds and stopper rods. The likely anticompetitive effects are heightened due to customers' preferences to maintain supply relationships with two independent suppliers simultaneously. In light of such preferences, the proposed acquisition will eliminate competition to be a customer's second supplier. Moreover, manufacturers outside of North America likely will not have the incentive or ability to defeat an anticompetitive increase in price or reduction in service or innovation because of their high delivered costs, customers' preferences for North American suppliers, and/or the poor quality and reputation of their products. Further, successful entry into the ladle shroud and stopper rod markets would not be timely, likely, or sufficient to deter the anticompetitive effects resulting from this transaction. Timely entry sufficient to replace the market impact of Foseco would be difficult for several reasons. A new entrant would need to acquire capital equipment and manufacturing facilities in North America; assemble or develop manufacturing, technical, and personnel expertise; conduct extensive customer trials; and establish a reputation for quality and reliability among U.S. customers. An entrant undertaking these steps would need to undertake these steps would be unable to enter in less than two years. There are foreign firms with a share of the U.S. market for more complex CBCs. Because of the expertise and reputation they have developed in these markets, theoretically they are capable of entering the domestic market for ladle shrouds and stopper rods. None of these firms, however, is likely to open North American manufacturing facilities within the next several years. As a result of these barriers to entry into the North American market for ladle shrouds and stopper rods, entry by any other firm into the manufacture and sale of ladle shrouds and stopper rods will not be timely, likely, or sufficient to deter the anticompetitive effects resulting from this transaction. III. Explanation of the Proposed Final Judgment The divestiture requirement of the proposed Final Judgment will eliminate the anticompetitive effects of the acquisition in the markets for ladle shrouds and stopper rods by establishing a new, independent, and economically viable competitor. The proposed Final Judgment requires defendants, within 90 days after the filing of the Complaint, or five days after notice of the entry of the Final Judgment by the Court, whichever is later, to divest, as a viable ongoing business, the Divestiture Business, which includes Foseco's CBC plant in Saybrook, Ohio and related tangible and intangible assets. 1 The assets must be divested in such a way as to satisfy the United States, in its sole discretion, that the Divestiture Business can and will be operated by the purchaser as a viable, ongoing business capable of competing effectively in the relevant markets. Defendants must take all reasonable steps necessary to accomplish the divestiture quickly and shall cooperate with prospective purchasers. 1 The parties agreed to remedy the adverse effects in the markets for ladle shrouds and stopper rods by divesting the entire U.S. CBC business, including the Saybrook facility where Foseco manufactures all of the CBCs it sells in the United States. The proposed remedy would enable the purchaser to offer the “full line” of CBCs currently being sold by Foseco—including, for instance, subentry nozzles and subentry shrouds—which would ensure that the purchaser would have the incentive and all the assets necessary to be an effective, long-term competitor in these products. In the event that defendants do not accomplish the divestiture within the period prescribed in the proposed Final Judgment, the Final Judgment provides that the Court will appoint a trustee selected by the United States to effect the divestiture. If a trustee is appointed, the proposed Final Judgment provides that defendants will pay all costs and expenses of the trustee. The trustee's commission will be structured so as to provide an incentive for the trustee based on the price obtained and the speed with which the divestiture is accomplished. After his or her appointment becomes effective, the trustee will file monthly reports with the Court and the United States setting forth his or her efforts to accomplish the divestiture. At the end of six months, if the divestiture has not been accomplished, the trustee and the United States will make recommendations to the Court, which shall enter such orders as appropriate, in order to carry out the purpose of the trust, including extending the trust or the term of the trustee's appointment. Selected Provisions of the Proposed Final Judgment Section IV(H) of the proposed Final Judgment requires defendants to sell the Divestiture Business—Foseco's CBC business in the United States—to the acquirer of Foseco's European CBC business, which includes assets in Bonnybridge, Stirlingshire, Scotland (the “Bonnybridge Business”). This requirement is warranted because the European Commission is requiring defendants to divest the Bonnybridge Business, and because of the practical difficulties of splitting between two acquirers rights to certain intellectual property and know-how used by both businesses. Because the United States and the European Commission both must approve the same acquirer, section IV(A) of the proposed Final Judgment provides that the United States will consult with the European Commission in exercising its review of defendants' sale of the Divestiture Business in a manner consistent with the proposed Final Judgment, to an acquirer acceptable to the United States in its sole discretion. As noted above, if the defendants do not divest the Divestiture Business within the required time period, the Court, upon application of the United States, is to appoint a trustee to complete the divestiture. Because the European Commission also requires selection of a trustee if the divestiture is not completed within a certain time, section V(A) of the proposed Final Judgment provides that the United States shall select a trustee after consultation with the European Commission to ensure selection of a trustee acceptable to both the United States and the European Commission. The divestiture provisions of the proposed Final Judgment will eliminate the anticompetitive effects of the acquisition in the manufacture and sale of ladle shrouds and stopper rods in the United States. IV. Remedies Available to Potential Private Litigants Section 4 of the Clayton Act, 15 U.S.C. 15, provides that any person who has been injured as a result of conduct prohibited by the antitrust laws may bring suit in federal court to recover three times the damages the person has suffered, as well as costs and reasonable attorneys' fees. Entry of the proposed Final Judgment will neither impair nor assist the bringing of any private antitrust damage action. Under the provisions of section 5(a) of the Clayton Act, 15 U.S.C. 16(a), the proposed Final Judgment has no prima facie effect in any subsequent private lawsuit that may be brought against defendants. V. Procedures Available for Modification of the Proposed Final Judgment The United States and defendants have stipulated that the proposed Final Judgment may be entered by the Court after compliance with the provisions of the APPA, provided that the United States has not withdrawn its consent. The APPA conditions entry upon the Court's determination that the proposed Final Judgment is in the public interest. The APPA provides a period of at least sixty

(60)days preceding the effective date of the proposed Final Judgment within which any person may submit to the United States written comments regarding the proposed Final Judgment. Any person who wishes to comment should do so within sixty

(60)days of the date of publication of this Competitive Impact Statement in the **Federal Register** , or the last date of publication in a newspaper of the summary of this Competitive Impact Statement, whichever is later. All comments received during this period will be considered by the United States Department of Justice, which remains free to withdraw its consent to the proposed Final Judgment at any time prior to the Court's entry of judgment. The comments and the response of the United States will be filed with the Court and published in the **Federal Register** . Written comments should be submitted to: Maribeth Petrizzi, Chief, Litigation II Section, Antitrust Division, United States Department of Justice, 1401 H St. NW., Suite 3000, Washington, DC 20530. The proposed Final Judgment provides that the Court retains jurisdiction over this action, and the parties may apply to the Court for any order necessary or appropriate for the modification, interpretation, or enforcement of the Final Judgment. VI. Alternatives to the Proposed Final Judgment The United States considered, as an alternative to the proposed Final Judgment, a full trial on the merits against defendants. The United States could have continued the litigation and sought preliminary and permanent injunctions against Cookson's acquisition of Foseco. The United States is satisfied, however, that the divestiture of assets described in the proposed Final Judgment will preserve competition for the provision of ladle shrouds and stopper rods in the United States. Thus, the proposed Final Judgment would achieve all or substantially all of the relief the United States would have obtained through litigation, but avoids the time, expense, and uncertainty of a full trial on the merits of the Complaint. VII. Standard of Review Under the APPA for the Proposed Final Judgment The Clayton Act, as amended by the APPA, requires that proposed consent judgments in antitrust cases brought by the United States be subject to a sixty-day comment period, after which the court shall determine whether entry of the proposed Final Judgment “is in the public interest.” 15 U.S.C. 16(e)(l). In making that determination, the court, in accordance with the statute as amended in 2004, is required to consider:

(A)The competitive impact of such judgment, including termination of alleged violations, provisions for enforcement and modification, duration of relief sought, anticipated effects of alternative remedies actually considered, whether its terms are ambiguous, and any other competitive considerations bearing upon the adequacy of such judgment that the court deems necessary to a determination of whether the consent judgment is in the public interest; and

(B)the impact of entry of such judgment upon competition in the relevant market or markets, upon the public generally and individuals alleging specific injury from the violations set forth in the complaint including consideration of the public benefit, if any, to be derived from a determination of the issues at trial. 15 U.S.C. 16(e)(1)

(A)& (B). In considering these statutory factors, the court's inquiry is necessarily a limited one as the government is entitled to “broad discretion to settle with the defendant within the reaches of the public interest.” *United States* v. *Microsoft Corp* ., 56 F.3d 1448, 1461 (D.C. Cir. 1995); see generally United States v. SBC Commc'ns, Inc., 489 F. Supp. 2d I (D.D.C. 2007) (assessing public interest standard under the Tunney Act). 2 2 The 2004 amendments substituted “shall” for “may” in directing relevant factors for a court to consider and amended the list of factors to focus on competitive considerations and to address potentially ambiguous judgment terms. Compare 15 U.S.C. 16(e) (2004), with 15 U.S.C. 16(e)(1) (2006); see also SBC Commc'ns, 489 F. Supp. 2d at 11 (concluding that the 2004 amendments “effected minimal changes” to Tunney Act review). As the United States Court of Appeals for the District of Columbia Circuit has held, under the APPA a court considers, among other things, the relationship between the remedy secured and the specific allegations set forth in the government's complaint, whether the decree is sufficiently clear, whether enforcement mechanisms are sufficient, and whether the decree may positively harm third parties. See Microsoft, 56 F.3d at 1458-62. With respect to the adequacy of the relief secured by the decree, a court may not “engage in an unrestricted evaluation of what relief would best serve the public.” *United States* v. *BNS, Inc* ., 858 F.2d 456, 462 (9th Cir. 1988) (citing *United States* v. *Bechtel Corp* ., 648 F.2d 660, 666 (9th Cir. 1981)); see also Microsoft, 56 F.3d at 1460-62; *United States* v. *Alcoa, Inc* ., 152 F. Supp. 2d 37, 40 (D.D.C. 2001). Courts have held that: [t]he balancing of competing social and political interests affected by a proposed antitrust consent decree must be left, in the first instance, to the discretion of the Attorney General. The court's role in protecting the public interest is one of insuring that the government has not breached its duty to the public in consenting to the decree. The court is required to determine not whether a particular decree is the one that will best serve society, but whether the settlement is “within the reaches of the public interest.” More elaborate requirements might undermine the effectiveness of antitrust enforcement by consent decree. Bechtel, 648 F.2d at 666 (emphasis added) (citations omitted). 3 In determining whether a proposed settlement is in the public interest, a district court “must accord deference to the government's predictions about the efficacy of its remedies, and may not require that the remedies perfectly match the alleged violations.” SBC Commc'ns, 489 F. Supp. 2d at 17; see also Microsoft, 56 F.3d at 1461 (noting the need for courts to be “deferential to the government's predictions as to the effect of the proposed remedies”); *United States* v. *Archer-Daniels-Midland Co* ., 272 F. Supp. 2d 1, 6 (D.D.C. 2003) (noting that the court should grant due respect to the United States' prediction as to the effect of proposed remedies, its perception of the market structure, and its views of the nature of the case). 3 Cf. BNS, 858 F.2d at 464 (holding that the court's “ultimate authority under the [APPA] is limited to approving or disapproving the consent decree”); *United States* v. *Gillette Co* ., 406 F. Supp. 713, 716 (D. Mass. 1975) (noting that, in this way, the court is constrained to “look at the overall picture not hypercritically, nor with a microscope, but with an artist's reducing glass”). See generally Microsoft, 56 F.3d at 1461 (discussing whether “the remedies [obtained in the decree are] so inconsonant with the allegations charged as to fall outside of the ‘reaches of the public interest’ ”). Courts have greater flexibility in approving proposed consent decrees than in crafting their own decrees following a finding of liability in a litigated matter. “[A] proposed decree must be approved even if it falls short of the remedy the court would impose on its own, as long as it falls within the range of acceptability or is ‘within the reaches of public interest.’ ” *United States* v. *Am. Tel. & Tel. Co* ., 552 F. Supp. 131, 151 (D.D.C. 1982) (citations omitted) (quoting *United States* v. *Gillette Co* ., 406 F. Supp. 713, 716 (D. Mass. 1975)), aff'd sub nom. *Maryland* v. *United States* , 460 U.S. 1001 (1983); see also *United States* v. *Alcan Aluminum Ltd* ., 605 F. Supp. 619, 622 (W.D. Ky. 1985) (approving the consent decree even though the court would have imposed a greater remedy). To meet this standard, the United States “need only provide a factual basis for concluding that the settlements are reasonably adequate remedies for the alleged harms.” SBC Commc'ns, 489 F. Supp. 2d at 17. Moreover, the court's role under the APPA is limited to reviewing the remedy in relationship to the violations that the United States has alleged in its Complaint, and does not authorize the court to “construct [its] own hypothetical case and then evaluate the decree against that case.” Microsoft, 56 F.3d at 1459. Because the “court's authority to review the decree depends entirely on the government's exercising its prosecutorial discretion by bringing a case in the first place,” it follows that “the court is only authorized to review the decree itself,” and not to “effectively redraft the complaint” to inquire into other matters that the United States did not pursue. Id. at 1459-60. As this Court recently confirmed in SBC Communications, courts “cannot look beyond the complaint in making the public interest determination unless the complaint is drafted so narrowly as to make a mockery of judicial power.” SBC Commc'ns, 489 F. Supp. 2d at 15. In its 2004 amendments, Congress made clear its intent to preserve the practical benefits of utilizing consent decrees in antitrust enforcement, adding the unambiguous instruction that “[n]othing in this section shall be construed to require the court to conduct an evidentiary hearing or to require the court to permit anyone to intervene.” 15 U.S.C. 16(e)(2). The language wrote into the statute what Congress intended when it enacted the Tunney Act in 1974, as Senator Tunney explained: “[t]he court is nowhere compelled to go to trial or to engage in extended proceedings which might have the effect of vitiating the benefits of prompt and less costly settlement through the consent decree process.” 119 Cong. Rec. 24,598

(1973)(statement of Senator Tunney). Rather, the procedure for the public interest determination is left to the discretion of the court, with the recognition that the court's “scope of review remains sharply proscribed by precedent and the nature of Tunney Act proceedings.” SBC Commc'ns, 489 F. Supp. 2d at 11. 4 4 See *United States* v. *Enova Corp* ., 107 F. Supp. 2d 10, 17 (D.D.C. 2000) (noting that the “Tunney Act expressly allows the court to make its public interest determination on the basis of the competitive impact statement and response to comments alone”); S. Rep. No. 93-298, 93d Cong., 1st Sess., at 6

(1973)(“Where the public interest can be meaningfully evaluated simply on the basis of briefs and oral arguments, that is the approach that should be utilized.”); *United States* v. *Mid-Am. Dairymen, Inc* ., 1977-1 Trade Cas.

(CCH)61,508, at 71,980 (W.D. Mo. 1977) (“Absent a showing of corrupt failure of the government to discharge its duty, the Court, in making its public interest finding, should * * * carefully consider the explanations of the government in the competitive impact statement and its responses to comments in order to determine whether those explanations are reasonable under the circumstances.”). VIII. Determinative Documents There are no determinative materials or documents within the meaning of the APPA that were considered by the United States in formulating the proposed Final Judgment. Dated: March 4, 2008. Respectfully submitted, Leslie Peritz, Helena Gardner, *Attorneys United States Department of Justice, Antitrust Division, Litigation II, 1401 H Street, NW., Suite 3000, Washington, DC 20530,

(202)307-0924.* [FR Doc. E8-5129 Filed 3-17-08; 8:45 am] BILLING CODE 4410-11-M DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request March 13, 2008. The Department of Labor

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

(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 this 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 Departmental Management (DM), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-7316 / Fax: 202-395-6974 (these are not a 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:* Office of Small Business Programs. *Type of Review:* Extension without change of a currently approved collection. *Title:* Small Business Programs Information Management System. *OMB Number:* 1290-0002. *Affected Public:* Private Sector—Business or other not for-profits. *Estimated Number of Respondents:* 1,000. *Estimated Total Annual Burden Hours:* 150. *Estimated Total Annual Costs Burden:* $0. *Description:* The Small Business Programs Information Management System gathers, documents, and manages information for DOL's Office of Small Business Programs' constituency groups. This system allows constituent groups to voluntarily provide information about their organizations. The information is used by DOL to maximize communication with the respective constituency groups regarding relevant small business programs, initiatives, and procurement opportunities; to track and solicit feedback on customer service to group members; and to facilitate registration of group members for DOL-sponsored activities. Darrin A. King, Acting Departmental Clearance Officer. [FR Doc. E8-5379 Filed 3-17-08; 8:45 am] BILLING CODE 4510-22-P LEGAL SERVICES CORPORATION Sunshine Act Meetings of the Board of Directors and One of its Committees; Amended Notice: Technical Correction to the Agenda; Board of Directors Meeting *Notice:* The Legal Services Corporation

(LSC)is announcing an amendment to the notice of the March 24, 2008 meeting of the Board of Directors, the second of two meetings being held on that date. The amendment is being made to reflect a technical correction to the meeting *Agenda* of the Board of Directors. There are no other changes to the original notice. Specifically, the following correction has been made to the Board of Directors meeting agenda. • The language at item 3 of the agenda of the Board of Directors has been corrected to read: “Consider and act on LSC *Code of Ethics* *and Conduct* and designation of Ethics Officer(s)” [Emphasis added.] Meeting Schedule 1 Monday, March 24, 2008 Time 1. 2008 Ad Hoc Committee 4:30 p.m. 2. Board of Directors (Follows Immediately.). 1 Please note that the times in this notice are Eastern Daylight Saving Time. Location: 3333 K Street, NW., Washington, DC 20007, 3rd Floor Conference Center. Status of Meetings: Open. Directors will participate by telephone conference in such a manner as to enable interested members of the public to hear and identify all persons participating in the meeting. Members of the public wishing to observe the meeting may do so by joining participating staff at the location indicated above. Members of the public wishing to listen to the meeting by telephone should call 1-800-857-4830 and enter 34309 on the key pad when prompted. To enhance the quality of your listening experience as well as that of others, and to eliminate background noises that interfere with the audio recording of the proceeding, please mute your telephone during the meeting. Amended Agenda Board of Directors Matters to be Considered: 1. Report of 2008 Ad Hoc Committee. 2. Consider and act on recommendations of the 2008 Ad Hoc Committee. 3. Consider and act on LSC *Code of Ethics* and *Conduct* and designation of Ethics Officer(s). 4. Consider and act on dissolution of 2007 Search Committee for LSC Inspector General. 5. Consider and act on other business. 6. Consider and act on motion to adjourn the meeting. CONTACT PERSON FOR INFORMATION: Patricia D. Batie, Manager of Board Operations, at

(202)295-1500. Special Needs: Upon request, meeting notices will be made available in alternate formats to accommodate visual and hearing impairments. Individuals who have a disability and need an accommodation to attend the meeting may notify Patricia D. Batie, at

(202)295-1500. Dated: March 14, 2008. Victor M. Fortuno, Vice President, General Counsel & Corporate Secretary. [FR Doc. 08-1056 Filed 3-14-08; 2:41 pm]

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