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Code · REGISTER · 2008-03-24 · Federal Deposit Insurance Corporation (“FDIC”) · Notices

Notices. Notice of proposed rulemaking

89,180 words·~405 min read·/register/2008/03/24/08-1070

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

BILLING CODE 3510-22-S 73 57 Monday, March 24, 2008 Proposed Rules FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 327 RIN 3064-AD27 Assessment Dividends AGENCY: Federal Deposit Insurance Corporation (“FDIC”). ACTION: Notice of proposed rulemaking. SUMMARY: The FDIC is proposing regulations to implement the assessment dividend requirements in the Federal Deposit Insurance Reform Act of 2005 (“Reform Act”) and the Federal Deposit Insurance Reform Conforming Amendments Act of 2005 (“Amendments Act”).
The proposed rule is the follow-up to the advanced notice of proposed rulemaking on assessment dividends the FDIC issued in September 2007 and the temporary final rule on assessment dividends the FDIC issued in October 2006. The temporary final rule sunsets on December 31, 2008. DATES: Comments must be received on or before May 23, 2008. ADDRESSES: You may submit comments by any of the following methods: • *Agency Web Site: http://www.fdic.gov/regulations/laws/federal.* Follow instructions for submitting comments on the Agency Web Site. • *E-mail:
Comments@FDIC.gov.* Please include “Assessment Dividends” in the subject line of the message. • *Mail:* Robert E. Feldman, Executive Secretary, Attention: Comments, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429. • *Hand Delivery/Courier:* Guard station at the rear of the 550 17th Street Building (located on F Street) on business days between 7 a.m. and 5 p.m. (EST). • *Federal eRulemaking Portal: http://www.regulations.gov.* Please follow the instructions for submitting comments. *Public Inspection:* All comments received will be posted without change to *http://www.fdic.gov/regulations/laws/federal* including any personal information provided.
Comments may be inspected and photocopied in the FDIC Public Information Center, 3501 North Fairfax Drive, Room E-1002, Arlington, VA 22226, between 9 a.m. and 5 p.m.
(EST)on business days. Paper copies of public comments may be ordered from the Public Information Center by telephone at
(877)275-3342 or
(703)562-2200. FOR FURTHER INFORMATION CONTACT: Munsell W. St. Clair, Chief, Banking and Regulatory Policy Section, Division of Insurance and Research,
(202)898-8967; Missy Craig, Program Analyst, Division of Insurance and Research,
(202)898-8724; Donna Saulnier, Division of Finance, Team Leader, Assessment Management,
(703)562-6167; or Joseph A. DiNuzzo, Counsel, Legal Division,
(202)898-7349. SUPPLEMENTARY INFORMATION: I. Background A. Reform Act Requirements Section 7(e)(2) of the Federal Deposit Insurance Act (“FDI Act”), as amended by the Reform Act, requires the FDIC, under most circumstances, to declare dividends from the Deposit Insurance Fund (“DIF”) when the DIF reserve ratio (“Reserve Ratio”) at the end of a calendar year equals or exceeds 1.35 percent. When the Reserve Ratio equals or exceeds 1.35 percent, and is not higher than 1.50 percent, the FDIC generally must declare one-half of the amount in the DIF in excess of the amount required to maintain the Reserve Ratio at 1.35 percent as dividends to be paid to insured depository institutions. The FDIC Board of Directors (“Board”) may suspend or limit dividends to be paid, however, if it determines in writing, after taking a number of statutory factors into account, that: 1 1 The statutory factors that the Board must consider are: 1. National and regional conditions and their impact on insured depository institutions; 2. Potential problems affecting insured depository institutions or a specific group or type of depository institution; 3. The degree to which the contingent liability of the Corporation for anticipated failures of insured institutions adequately addresses concerns over funding levels in the Deposit Insurance Fund; and 4. Any other factors that the Board determines are appropriate. 12 U.S.C. 1817(e)(2)(F). 1. The DIF faces a significant risk of losses over the next year; and 2. It is likely that such losses will be sufficiently high as to justify a finding by the Board that the Reserve Ratio should temporarily be allowed to grow without requiring dividends when the Reserve Ratio is between 1.35 and 1.50 percent or to exceed 1.50 percent. 2 2 This provision would allow the FDIC's Board to suspend or limit dividends in circumstances where the Reserve Ratio has exceeded 1.5 percent, if the Board made a determination to continue a suspension or limitation that it had imposed initially when the reserve ratio was between 1.35 and 1.5 percent. When the Reserve Ratio exceeds 1.50 percent at the end of a calendar quarter, the FDI Act requires the FDIC, absent certain limited circumstances (discussed in footnote 2), to declare a dividend equal to the excess of the amount required to maintain the Reserve Ratio at 1.50 percent as dividends to be paid to insured depository institutions. If the Board decides to suspend or limit dividends, it must submit, within 270 days of making the determination, a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and to the Committee on Financial Services of the House of Representatives. The report must include a detailed explanation for the determination and a discussion of the factors required to be considered. 3 3 *See* section 5 of the Amendments Act. Public Law 109-173, 119 Stat. 3601, which was signed into law by the President on February 15, 2006. The FDI Act directs the FDIC to consider each insured depository institution's relative contribution to the DIF (or any predecessor deposit insurance fund) when calculating such institution's share of any dividend. More specifically, when allocating dividends, the Board must consider: 1. The ratio of the assessment base of an insured depository institution (including any predecessor) on December 31, 1996, to the assessment base of all eligible insured depository institutions on that date; 2. The total amount of assessments paid on or after January 1, 1997, by an insured depository institution (including any predecessor) to the DIF (and any predecessor fund); 4 4 This factor is limited to deposit insurance assessments paid to the DIF (or previously to the Bank Insurance Fund (“BIF”) or the Savings Association Insurance Fund (“SAIF”)) and does not include assessments paid to the Financing Corporation (“FICO”) used to pay interest on outstanding FICO bonds, although the FDIC collects those assessments on behalf of FICO. Beginning in 1997, the FDIC collected separate FICO assessments from both SAIF and BIF members. 3. That portion of assessments paid by an insured depository institution (including any predecessor) that reflects higher levels of risk assumed by the institution; and 4. Such other factors as the Board deems appropriate. The Reform Act expressly requires the FDIC to prescribe by regulation the method for calculating, declaring and paying dividends. The dividend regulation must include provisions allowing an insured depository institution a reasonable opportunity to challenge administratively the amount of dividends it is awarded. Under the Reform Act, any review by the FDIC pursuant to these administrative procedures is final and not subject to judicial review. B. The Temporary Final Rule on Assessment Dividends In compliance with the Reform Act requirement to issue regulations on assessment dividends within 270 days of the statute's enactment, in October 2006, the FDIC issued a temporary final rule to implement the dividend requirements of the Reform Act (“Temporary Final Rule”). 71 FR 61385 (October 18, 2006). 5 5 Prior to issuing the temporary final rule, the FDIC published and received comment on a proposed temporary final rule. 71 FR 28804. The Temporary Final Rule, which will expire on December 31, 2008, mirrors the dividend provisions of the Reform Act, provides definitions (including the definition of a “predecessor” depository institution) to implement the statute and details how an institution may request that the FDIC's Division of Finance (“DOF”) review an FDIC determination of the institution's dividend amount and how an institution may appeal the DOF's response to that request. In the Temporary Final Rule, the FDIC adopted a simple system for allocating any dividends that might be declared during the two-year duration of the regulation. Any dividends awarded before January 1, 2009, will be distributed simply in proportion to an institution's 1996 assessment base ratio, as determined pursuant to the one-time assessment credit rule. 12 CFR 327.53. In publishing the Temporary Final Rule, the FDIC stated its intention to initiate a second, more comprehensive notice-and-comment rulemaking on dividends beginning with an advanced notice of proposed rulemaking to explore alternative methods for distributing future dividends after the temporary dividend rules expired on December 31, 2008. The publication of the assessment dividend advance notice of proposed rulemaking in September 2007 (“ANPR”) commenced that process. 72 FR 53181 (September 18, 2007). C. The Advanced Notice of Proposed Rulemaking In the ANPR the FDIC presented two general approaches to allocating dividends—the fund balance method and the payments method. 6 6 The sole focus of the ANPR was on the type of assessment dividend allocation method the FDIC should adopt. The ANPR indicated that whether and how the FDIC should retain or revise the other aspects of the Temporary Final Rule would be addressed in this proposed rule. The Fund Balance Method Under the fund balance method, every quarter, each institution would be assigned a dollar portion of the fund balance (its fund allocation), solely for purposes of determining the institution's dividend share. Each institution's most recent fund allocation (as a percentage of the fund balance) would determine its share of any dividend. The fund allocation would increase or decrease each quarter depending upon fund performance and assessments paid by each institution. Specifically: • Initially, the December 31, 2006 fund balance would be divided up among institutions in proportion to 1996 assessment bases. Thus, initially, each institution's fund allocation would equal its 1996 ratio times the December 31, 2006 fund balance. • Thereafter, from quarter to quarter, fund allocations would grow or shrink depending upon the performance of the fund. • In addition, each “eligible” premium would increase an institution's fund allocation, dollar for dollar. An “eligible” premium would be the portion of an institution's premium that would count toward increasing its share of dividends. • Possible definitions for an eligible premium include:
(1)All premiums charged;
(2)premiums charged up to the lowest rate charged a Risk Category I institution; or
(3)something in between, for example, premiums charged up to the maximum rate for a Risk Category I institution, in all cases minus any credit use. 7 Ineligible premiums would be those paid through the use of credits or those paid in cash at rates in excess of the eligible premium rate. 7 However, an eligible premium would never be negative. The Payments Method Under the payments method an institution's share of any dividend would depend upon its (and its predecessors') 1996 assessment base, weighted in some manner, and its quarterly assessments. Specifically: • At the start of the new assessments system, each institution's dividend share would depend upon its 1996 assessment base compared to all other institutions, weighted in some manner. • The resulting value assigned to each institution based on its 1996 ratio could either remain unchanged or be assigned a declining weight over time. • The possible definitions of an eligible (and an ineligible) premium are the same as those under the fund balance method. (However, under certain variations of this method discussed below, assessments offset through credit use could increase an institution's dividend share.) • Cumulative eligible premiums paid into the fund since 1996 would add to an institution's share. • Alternatively, the FDIC could count only eligible premiums paid over some recent period, for example, the most recent 3, 5, 10 or 15 years. In contrast, the fund balance method would necessarily take into account all assessment payments made under the new assessment system. • Another variation would allow the FDIC to subtract dividends paid to an institution from its eligible premiums. The ANPR presented two illustrative variations of the payments method. Under Variation 1, the Board could, as under the fund balance method, initially divide the 2006 fund balance based on each institution's share of the December 1996 assessment base. Eligible premiums after 1996 would be added to that amount. Under Variation 2, only premiums paid over some prior period (such as the previous 15 years) would be considered. When the prior period covered any year before 2007, the years 1997 through 2006 would be skipped, since the great majority of institutions paid no deposit insurance premiums then. Thus, for example, to determine dividend shares at the end of 2009, the method would consider premiums paid from 1985 through 1996 and from 2007 through 2009. Premiums paid during 2007, 2008 and 2009 would include only eligible premiums. However, because the weight accorded the 1996 ratio would effectively decline to zero over time, eligible premiums after 2006 would include eligible premiums offset with credits. An eligible premium paid in 1996 or any earlier year would be calculated as an institution's share of the 1996 assessment base times total deposit insurance fund assessment income in that year. 8 8 For years prior to 1990, deposit insurance fund assessment income used to produce Chart 5 and Table 5 includes such income for both the FDIC and the Federal Savings and Loan Insurance Corporation. The ANPR provided additional details and variations on the alternate allocation methods, addressing issues including: risk reduction incentives, the treatment of older versus newer institutions, simplicity, relative dividend shares, the treatment of institutions chartered in the future and remaining decision-making for the Board. The ANPR also included charts and tables on the alternate allocation methods as well as formulas for determining dividends under different scenarios. II. Comments on the ANPR We received five comment letters on the ANPR: two from banking trade associations; one from a trade association representing large financial services companies; one from a coalition of four insured depository institutions; and one from a single depository institution that also was a member of the coalition. As the single institution's comments and recommendations were virtually identical to the coalition's, its response is not included separately in the following summary. The two banking trade associations recommended that conservative fund management ensure that the fund be kept below the 1.35 percent statutory level that would trigger dividends. Both argued that low and steady premiums would limit the effect on both the old and new segments of the industry and not unfairly favor one set of institutions over the other. The financial services trade association concurred with the bank trade associations on the importance of keeping the fund balance below the level that would trigger dividends. The two banking trade associations took no position on either of the two proposed dividend allocation methods, the fund balance method or the payments method. The depository institution coalition recommended adopting a modified form of the ANPR's Variation 2 of the payments method: instead of a 15-year look-back period that would exclude the years 1997-2006, it recommended a shortened look-back period of 5 years, without skipping the years 1997-2006. Unlike the ANPR's Variation 2, it did not explicitly describe how, if at all, the 1996 assessment base would be considered in determining an institution's dividends. The financial services trade association recommended that, if the FDIC is not able to maintain the fund below 1.35 percent, it adopt the payments method, structured as simply as possible. Specifically, it supported a 3-5 year look-back period for premiums, with no weight given to the 1996 assessment base. The three trade associations recommended that eligible premiums be defined as premiums charged up to the maximum rate for a Risk Category I institution. The coalition did not explicitly discuss this aspect of the ANPR. 9 The financial services association and the coalition recommended that premiums offset with credits be excluded from eligible premiums. One banking trade association argued that, if the fund balance method were adopted, premiums offset by credits should be excluded. 9 The coalition did, however, argue against skipping the 1997-2006 period in determining the look-back period. During these years, however, only institutions that were not in what is now called Risk Category I would have paid premiums. Respondents generally were interested in simplicity and transparency. One trade association cautioned that any method adopted should be simple, transparent, and not require constant FDIC intervention and decision-making. III. Explanation of the Proposed Rule A. Overview As part of the proposed rule, the FDIC, in accordance with requirements in the Reform Act, must establish the process for the Board's annual determination of whether a declaration of a dividend is required and whether circumstances indicate that a dividend should be limited or suspended. In addition, the FDIC must establish procedures for calculating the aggregate amount of any dividend, allocating that aggregate amount among insured depository institutions and paying dividends to individual insured depository institutions. The regulations also must allow an insured depository institution a reasonable opportunity to challenge the amount of its dividend. B. Annual Determination of Whether Dividends Are Required/Declaration of Dividends The provisions in the proposed rule for the annual determination of whether dividends are required and the declaration of dividends are unchanged, with one minor exception, from the provisions in the Temporary Final Rule. Under the proposed rule, the FDIC would determine annually whether the Reserve Ratio at the end of the prior year equals or exceeds 1.35 percent of estimated insured deposits or exceeds 1.50 percent, thereby triggering a dividend requirement. At the same time, if a dividend is triggered, the FDIC would determine whether it should limit or suspend the payment of dividends based on the statutory factors. Any determination to limit or suspend dividends would be reviewed annually and would have to be justified to renew or make a new determination to limit or suspend dividends. Each decision to limit or suspend dividends must be reported to Congress. As proposed, any declaration with respect to dividends would be made on or before May 10th for the preceding calendar year. The May 10th date for the declaration of dividends differs from the May 15th date in the Temporary Final Rule. This slightly revised timing still would provide enough time for the Board to consider final data for the end of the preceding year regarding the Reserve Ratio, as well as to perform an analysis of what amount is necessary to maintain the fund at the required level and whether circumstances warrant limiting or suspending the payment of dividends. In addition, the May 10th date would allow more time, operationally, for the notification and payment of dividends and the FDIC's handling of requests for review of dividend amounts. Under the proposed rule, if the FDIC does not limit or suspend the payment of dividends or does not renew such a determination, then the aggregate amount of the dividend would be determined as provided by the Reform Act. When the Reserve Ratio equals or exceeds 1.35 percent (but is not higher than 1.50 percent), then the FDIC generally is required to declare the amount that is equal to one-half the amount in excess of the amount required to maintain the Reserve Ratio at 1.35 percent as the aggregate amount of dividends to be paid to insured depository institutions. When the Reserve Ratio exceeds 1.50 percent, the FDIC generally is required to declare the amount in the DIF in excess of the amount required to maintain the Reserve Ratio at 1.50 percent as dividends to be paid to institutions. C. Allocation of Dividends As noted, in the Temporary Final Rule the FDIC adopted a simple system for allocating dividends, which will remain in place until December 31, 2008, when the Temporary Final Rule terminates. Under that allocation method, any dividends awarded in 2007 or 2008 would have been distributed simply in proportion to an institution's 1996 assessment base ratio. However, no dividend was awarded in 2007 and none will be awarded in 2008 because the Reserve Ratio at the end of 2006 and 2007 was less than 1.35 percent. After thoroughly considering the comments received, the FDIC is proposing a variation of the payments method for allocating future assessment dividends to FDIC-insured institutions. The proposed rule would divide the total dividend in any year into two parts. One of the two parts would be allocated based on the ratio of each institution's (including any predecessors') 1996 assessment base compared to the total of all existing eligible institutions' 1996 assessment bases (an institution's “1996 assessment base share”). The other part of the total dividend would be allocated based on each institution's (including any predecessors') ratio of cumulative eligible premiums (defined below) over the previous five years to the total of cumulative eligible premiums paid by all existing institutions (or their predecessors) over the previous five years (an institution's “eligible premium share”). The part of any potential dividend that would be allocated based upon 1996 assessment base shares would decline steadily from 100 percent to zero over 15 years; the part of any potential dividend that would be allocated based upon eligible premium shares would increase steadily over the same 15-year period from zero to 100 percent. After the 15-year period, any dividend would be allocated solely based on eligible premium shares. The 15-year period would run from the end of 2006 to the end of 2021 and would govern dividends based upon the Reserve Ratio at the end of the years 2008 through 2021. 10 Actual dividends, if any, would be allocated and paid the following year. Table A shows the change in the allocation of potential dividends over time. Table A.—Total DIF Dividend Distribution Table Based upon the DIF reserve ratio at year-end Part of total DIF dividend determined by: 1996 Assessment base shares Eligible premium shares 2006 10 1 (100.0%) 0 (0%) 2007 10 14/15 (93.3%) 1/15 (6.7%) 2008 13/15 (86.7%) 2/15 (13.3%) 2009 4/5 (80.0%) 1/5 (20.0%) 2010 11/15 (73.3%) 4/15 (26.7%) 2011 2/3 (66.7%) 1/3 (33.3%) 2012 3/5 (60.0%) 2/5 (40.0%) 2013 8/15 (53.3%) 7/15 (46.7%) 2014 7/15 (46.7%) 8/15 (53.3%) 2015 2/5 (40.0%) 3/5 (60.0%) 2016 1/3 (33.3%) 2/3 (66.7%) 2017 4/15 (26.7%) 11/15 (73.3%) 2018 1/5 (20.0%) 4/5 (80.0%) 2019 2/15 (13.3%) 13/15 (86.7%) 2020 1/15 (6.7%) 14/15 (93.3%) 2021 0 (0%) 1 (100.0%) Thereafter 0% 100.0% 10 As discussed earlier, had dividends actually been awarded based upon the 2006 and 2007 reserve ratios, the dividends would have been allocated pursuant to the existing rule governing dividends. Thus, for example, if a dividend were awarded based upon the Reserve Ratio at the end of 2018, one-fifth of the total dividend would be allocated based upon 1996 assessment base shares and four-fifths of the total dividend would be allocated based upon eligible premium shares. 11 11 The dividend would actually be awarded and paid in 2019. The 15-year period over which the influence of 1996 assessment bases would decline represents a compromise between two legitimate, but opposing, arguments. On one hand, a 15-year period recognizes the significant contributions made by some institutions in the early 1990s to capitalize the deposit insurance fund and that the interest earned on this capital continues to help fund the FDIC. On the other hand, a 15-year period does not give these institutions an advantage that could last indefinitely in obtaining dividends, as would occur under the fund balance method absent very large insurance losses. It is also consistent with an argument noted in a comment letter that the $4.7 billion one-time assessment credit, which was awarded under the Reform Act and distributed according to the 1996 assessment base shares, was intended to compensate institutions that helped capitalize the insurance funds in the early 1990s. Cumulating eligible premiums over the 5-year period preceding the year of the dividend is consistent with the specific recommendations made by the large financial services company trade association and the coalition in their comment letters. A 5-year look-back period recognizes that the Reform Act enhances the FDIC's ability to control the growth of the fund over time through the level of assessment rates. Certain events, however, such as an unanticipated decline in estimated insured deposits or unexpectedly high investment income, could raise the fund over the 1.35 percent dividend threshold. Thus, assessments charged over some relatively short period preceding the unexpected events would have proven in retrospect to be too high, and the dividend would serve as a rebate of excess funds. 12 12 One of the banking trade associations that commented on the ANPR cited essentially the same argument as a justification for adopting the payments method. Eligible Premiums Based upon the unanimous recommendations of all respondents who commented specifically on the issue, the FDIC is proposing that an eligible premium be defined as the part of any actual assessment that is charged at no more than the maximum rate then applicable to a Risk Category I institution. Under the assessment rate schedule presently in effect, the minimum and maximum rates that can be charged a Risk Category I institution differ by two basis points. At present, the minimum annual rate applicable to a Risk Category I institution is 5 basis points and the maximum rate is 7 basis points. Thus, the entire assessment of an institution charged anywhere between 5 and 7 basis points would be an eligible premium, but only 7/10 of the assessment of an institution in Risk Category II (charged 10 basis points under the current schedule) would be eligible so long as this rate schedule is in effect. 13 13 If the year-end reserve ratio in 2009 or 2010 exceeds 1.35 percent and the FDIC declares a dividend for that year, the 5-year look-back period would include years before 2007. Institutions in what is now termed Risk Category I (formerly the “1A” risk classification), however, were charged a zero rate from 1997 through 2006. Thus, under the proposal, no premium paid before 2007 would be eligible. Under the proposed rule, whether an institution paid its assessment in cash or offset it with assessment credits would not affect its eligible premiums. Thus, again assuming present assessment rates, the entire assessment of an institution charged 7 basis points would be an eligible premium, whether the institution paid in cash or offset its assessment liability with an assessment credit. The FDIC currently anticipates that the great bulk of assessment credits (over 95 percent) will have been used by the end of 2008. An institution's eligible premiums would include eligible premiums paid by a predecessor. How the Dividend Allocation Method Would Affect Different Institutions The proposed dividend allocation method would affect institutions differently depending upon their 1996 assessment base and the amount of eligible premiums charged during the five years before a dividend is declared. Assume, for example, that a hypothetical dividend of $1 billion were awarded based upon the 2018 Reserve Ratio. Of the $1 billion total dividend, $200 million-one-fifth (20 percent)—would be allocated based upon 1996 assessment base shares and $800 million—four-fifths (80 percent)—would be allocated based upon eligible premium shares. 14 An institution that held 0.1 percent of the 1996 assessment base and had made 0.05 percent of total eligible premiums from 2014 through 2018 would receive a dividend of $600,000 (0.1 percent of $200 million—which equals $200,000—plus 0.05 percent of $800 million—which equals $400,000). An institution that had no 1996 assessment base but had made the identical percentage (0.05 percent) of total eligible premiums from 2014 through 2018 would receive $400,000. 14 Again, the dividend would actually be awarded and paid in 2019. An institution that consistently paid the lowest rate applicable to Risk Category I would receive a smaller dividend than one that paid the highest rate applicable to Risk Category I, assuming identical future assessment bases and identical 1996 assessment base shares, since the institution paying the higher rate would have paid higher premiums and would have a larger eligible premium share. However, an institution that consistently paid a rate outside of Risk Category I (for example, the Risk Category II rate) would receive the same dividend as an institution that paid the highest rate applicable to Risk Category I, again assuming identical future assessment bases and identical 1996 assessment base shares. An addendum explains the dividend allocation calculation in greater detail. Predecessor Insured Depository Institutions Under the proposed rule, consistent with the requirements of the Reform Act, the allocation of dividends to an insured depository institution would in part be based on the 1996 assessment base ratio of, and the post-l996 assessments paid by, insured depository institutions of which the insured depository institution is the successor. As in the Temporary Final Rule, the proposed rule would define a predecessor insured depository institution by cross referencing the definition of successor insured depository institution in the one-time assessment credit rule. (See 12 CFR 327, subpart B.) In effect, a predecessor institution is the mirror image of a successor institution. Notably, the definition of successor in the one-time credit regulation includes a de facto rule, applicable in transactions in which an insured depository institution assumes substantially all of the deposit liabilities and acquires substantially all of the assets of another insured depository institution. D. Notification and Payment of Dividends Under the proposed rule, the FDIC would advise each institution of its dividend amount as soon as practicable after the Board's declaration of a dividend on or before May 10th. Individual dividend amounts would be paid to institutions no later than 45 days, or as soon as practicable, after the issuance of the special notice. This timeframe would allow the FDIC to freeze payment of an individual institution's dividend amount, if that amount is in dispute. Depending on the timing of the Board's declaration, which could occur prior to May 10th, and the expiration of the 30-day period for requesting review (explained below), it is possible that dividends could be paid at the same time as the collection of the quarterly assessment and would offset those payments. Dividends would be paid through the Automated Clearing House (“ACH”). If they are paid at the time of assessment payments, offsets would be made. If the institution owes assessments in excess of the dividend amount, there would be a net debit (resulting in payment to the FDIC). Conversely, if the FDIC owes an additional dividend amount in excess of the assessment to the institution, there would be a net credit (resulting in payment from the FDIC). The FDIC plans to notify institutions whether dividends would offset the next assessment payments with the next invoice. Under the proposed rule, the FDIC would freeze the payment of the disputed portion of dividend amounts involved in requests for review. In the absence of such action, institutions would receive the amount indicated on the notice. Any adjustment to an individual institution's dividend amount resulting from its request for review would be handled through ACH in the same manner as existing procedures for underpayment or overpayment of assessments. The FDIC intends, beginning no later than 2010, to include with its quarterly assessment invoices to insured depository institutions the institution's 1996 assessment base share and its rolling five-year eligible premium share. E. Requests for Review The Reform Act requires the FDIC to include in its dividend regulations provisions allowing an insured depository institution a reasonable opportunity to challenge administratively the amount of its dividend. The FDIC's determination under such procedures is to be final and not subject to judicial review. The request-for-review provisions of the proposed rule, for dividend amounts, are similar to those in the Temporary Final Rule, but they reflect the FDIC's intention to provide, beginning in 2010, quarterly dividend-related information with each institution's assessment invoice. If a dividend were declared before 2010, an institution would have 30 days from the date of the notice advising it of its dividend amount to request review. Review could be requested if an institution disagrees with the computation of the dividend or if it believes that it does not accurately reflect appropriate adjustments to the institution's 1996 assessment base ratio or eligible premium share, such as for a purchase and assumption transaction that triggers application of the de facto rule for purposes of determining any predecessor institutions. Once the quarterly invoice updates become available as contemplated under the proposed rule, an institution generally would have 90 days from the date of the invoice to request review of that dividend-related information, except in a year in which a dividend is declared. If the FDIC were to declare a dividend, the institution would have 30 days from the date of its notice of dividend amount to request review either of that amount or of any dividend-related information in its March invoice for that year; the institution would not have the full 90-day period following the March invoice to request review. An institution must timely request review of its dividend-related information and must request review within 90 days of the first invoice that fails to reflect accurate information. If an institution does not submit a timely request for review of its dividend-related information, it would be barred from subsequently requesting review of that information. The requirement that insured depository institutions monitor their dividend-related information quarterly and promptly request review is necessitated by the proposed timing for the payment of dividends. In the absence of such a strict quarterly requirement, the FDIC would need to reconsider both the timing of dividend payment and possibly the look-back period for calculating institutions' dividend shares, which at 5 years is longer than the 3-year recordkeeping requirement in the FDI Act and longer than the 3-year statute of limitations for bringing action on assessment underpayments and overpayments. As under the current rule, at the time of the request for review, the requesting institution also would be required to notify all other institutions of which it knew or had reason to believe would be directly and materially affected by granting the request for review and would be required to provide those institutions with copies of the request for review, supporting documentation, and the FDIC's procedures for these requests for review. In addition, the FDIC would make reasonable efforts, based on its official systems of records, to determine that such institutions have been identified and notified. These institutions would then have 30 days to submit a response and any supporting documentation to the FDIC's Division of Finance, copying the institution making the original request for review. If an institution notified through this process does not submit a timely response, that institution would be foreclosed from subsequently disputing the information submitted by any other institution on the transaction(s) at issue in the review process. Also under the proposed rule, the FDIC could request additional information as part of its review, and the institution from which such information is requested would be required to supply that information within 21 days of the date of the FDIC's request. The proposed rule would require a written response from the FDIC's Director of the Division of Finance (“Director”), or his or her designee, notifying the requesting institution and any materially affected institutions of the determination of the Director as to whether the requested change is warranted, whenever feasible:
(1)Within 60 days of receipt by the FDIC of the request for revision;
(2)if additional institutions are notified by the requesting institution or the FDIC, within 60 days of the date of the last response to the notification; or
(3)if the FDIC has requested additional information, within 60 days of its receipt of the additional information, whichever is latest. If a requesting institution disagrees with the determination of the Director, that institution could appeal its dividend determination to the FDIC's Assessment Appeals Committee (“AAC”). Under the proposed rule, an appeal to the AAC must be filed within 30 calendar days of the date of the Director's written determination. Notice of the procedures applicable to appeals of the Director's determination to the AAC would be included with the written response. The AAC's determination would be final and not subject to judicial review. As noted, and as under the Temporary Final Rule, the FDIC proposes to freeze temporarily the distribution of the dividend amount in dispute for the institutions involved in the challenge until the challenge is resolved. IV. Request for Comments The FDIC requests comments on all aspects of the proposed rule. Comments are specifically requested on the proposed dividend allocation method. V. Regulatory Analysis and Procedure A. Solicitation of Comments on Use of Plain Language Section 722 of the Gramm-Leach-Bliley Act, Public Law 106-102, 113 Stat. 1338, 1471 (Nov. 12, 1999), requires the Federal banking agencies to use plain language in all proposed and final rules published after January 1, 2000. We invite your comments on how to make this proposal easier to understand. For example: • Have we organized the material to suit your needs? If not, how could this material be better organized? • Are the requirements in the proposed regulation clearly stated? If not, how could the regulation be more clearly stated? • Does the proposed regulation contain language or jargon that is not clear? If so, which language requires clarification? • Would a different format (grouping and order of sections, use of headings, paragraphing) make the regulation easier to understand? If so, what changes to the format would make the regulation easier to understand? • What else could we do to make the regulation easier to understand? B. Regulatory Flexibility Act The Regulatory Flexibility Act (“RFA”) requires a federal agency publishing a notice of proposed rulemaking to prepare and make available for public comment an initial regulatory flexibility analysis that describes the impact of the proposed rule on small entities. 5 U.S.C. 603(a). Pursuant to regulations issued by the Small Business Administration (13 CFR 121.201), a “small entity” includes a bank holding company, commercial bank or savings association with assets of $165 million or less (collectively, small banking organizations). The RFA provides that an agency is not required to prepare and publish a regulatory flexibility analysis if the agency certifies that the proposed rule would not have a significant impact on a substantial number of small entities. 5 U.S.C. 605(b). Pursuant to section 605(b) of the RFA, the FDIC certifies that the proposed rule would not have a significant economic impact on a substantial number of small entities. The proposed rule, if adopted in final form, would provide the procedures for the FDIC's declaration, distribution, and payment of dividends to insured depository institutions under the circumstances set forth in the FDI Act. While each insured depository institution would have the opportunity to request review of the amount of its dividend each time a dividend is declared, the proposed rule would rely on information already collected and maintained by the FDIC in the regular course of business. The proposed rule, if adopted, would not directly or indirectly impose any reporting, recordkeeping or compliance requirements on insured depository institutions. C. Paperwork Reduction Act No collections of information pursuant to the Paperwork Reduction Act (44 U.S.C. Ch. 3501 *et seq.* ) are contained in the proposed rule. D. The Treasury and General Government Appropriations Act, 1999—Assessment of Federal Regulations and Policies on Families The FDIC has determined that the proposed rule will not affect family well-being within the meaning of section 654 of the Treasury and General Government Appropriations Act, enacted as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999 (Pub. L. 105-277, 112 Stat. 2681). Addendum The illustrations below provide a more detailed description of the dividend allocation calculation. Both illustrations again assume that a hypothetical dividend of $1 billion is awarded based upon a hypothetical 2018 Reserve Ratio. In the illustrations, Institution A and Institution B are assumed to be identical except that A has a 1996 assessment base, and B does not. They both pay Risk Category I premiums at the same rate. Institution C is identical to Institution A (it has a 1996 assessment base), but it differs from both A and B in that it pays the higher Risk Category II assessment rate. Illustration 1.—Dividend of $1 Billion Based on 2018 Reserve Ratio 20 percent ($200 million) allocated based on 1996 assessment base shares 80 percent ($800 million) allocated based upon eligible premium shares Bank A's 1996 assessment base = $400 million (0.01203% of industry total) Bank B's 1996 assessment base = $0 Banks have identical assessment bases and pay the lowest assessment rate applicable to Risk Category I (assumed to be 2 basis points) 15 Year Assessment base ($000) Rate (B.P.) Premium ($000) Eligible premium ($000) 2014 500,000 2 100 100 2015 522,500 2 105 105 2016 546,013 2 109 109 2017 570,583 2 114 114 2018 596,259 2 119 119 5-year sum 547 Industry 5-year sum 12,000,000 Each bank's share of industry 5-year eligible premium 0.00456% Bank A's dividend ($000) = 0.01203% of $200 million + 0.00456% of $800 million: 60.531 Bank B's dividend ($000) = 0.0456% of $800 million: 36.471 15 The illustrations assume that assessment rates charged in 2014-2018 equal the base assessment rates adopted by the Board at the end of 2006: 2-4 basis points for Risk Category I and 7 basis points for Risk Category II. Illustration 2.—Dividend of $1 Billion Based on 2018 Reserve Ratio [20 percent ($200 million) allocated based on 1996 assessment base shares] [80 percent ($800 million) allocated based upon eligible premium shares] Bank C's 1996 assessment base = $400 million (0.01203% of industry total). Bank C's 1996 assessment base is identical to Banks A and B (Illustration 1). Pays rate applicable to Risk Category II (assumed to be 7 basis points). Year Assessment base ($000) Rate (B.P.) Premium ($000) Eligible premium ($000) 2014 500,000 7 350 200 2015 522,500 7 366 209 2016 546,013 7 382 218 2017 570,583 7 417 239 2018 596,259 7 417 239 5-year sum 1,094 Industry 5-year sum 12,000,000 Bank C's share of industry 5-year eligible premium 0.00912% Bank C's dividend ($000) = 0.01203% of $200 million + 0.00912% of $800 million: 97.003 List of Subjects in 12 CFR Part 327 Bank deposit insurance, Banks, Banking, Savings associations. Authority and Issuance For the reasons set forth in the preamble, chapter III of title 12 of the Code of Federal Regulations is amended by revising subpart C to read as follows: PART 327—ASSESSMENTS Subpart C—Implementation of Dividend Requirements Sec. 327.50 Purpose and scope. 327.51 Definitions. 327.52 Annual dividend determination. 327.53 Allocation and payment of dividends. 327.54 Requests for review. Subpart C—Implementation of Dividend Requirements Authority: 12 U.S.C. 1817(e)(2), (4). § 327.50 Purpose and scope.
(a)Scope. This subpart C of part 327 implements the dividend provisions of section 7(e)(2) of the Federal Deposit Insurance Act, 12 U.S.C. 1817(e)(2), and applies to insured depository institutions.
(b)Purpose. This subpart C of part 327 provides the rules for:
(1)The FDIC's annual determination of whether to declare a dividend and the aggregate amount of any dividend;
(2)The FDIC's determination of the amount of each insured depository institution's share of any declared dividend;
(3)The time and manner for the FDIC's payments of dividends; and
(4)An institution's appeal of the FDIC's determination of its dividend amount. § 327.51 Definitions. For purposes of this subpart:
(a)*Assessment base share* means an *insured depository institution's 1996 assessment base ratio* divided by the total of all existing, eligible insured depository institution's shares of the 1996 assessment base (rounded to seven decimal places).
(b)*Board* has the same meaning as under subpart B of this part.
(c)*DIF* means the Deposit Insurance Fund.
(d)An *eligible premium* means an assessment paid by an insured depository institution (or its predecessor) that did not exceed, for the applicable assessment period, the maximum assessment applicable in that assessment period to a Risk Category 1 institution under subpart A of this part.
(e)An insured depository institution's *eligible premium share* means that institution's cumulative eligible premiums over the previous five years (ending on December 31st of the year prior to the year in which the dividend is declared) divided by the cumulative total of all eligible premiums paid by all existing insured depository institutions or their predecessors over that five-year period (rounded to seven decimal places).
(f)An *insured depository institution's 1996 assessment base ratio* means an institution's 1996 assessment base ratio, as determined pursuant to the § 327.33 of subpart B of this part, adjusted as necessary to reflect subsequent transactions in which the institution succeeds to another institution's assessment base ratio, or a transfer of the assessment base ratio pursuant to § 327.34. The 1996 assessment base ratio shall be rounded to seven decimal places.
(g)*Predecessor,* when used in the context of insured depository institutions, refers to the institution merged with or into a resulting institution or acquired by an institution under § 327.33(c) of subpart B under the de facto rule, consistent with the definition of *successor* in section 327.31. § 327.52 Annual dividend determination.
(a)On or before May 10th of each calendar year, beginning in 2007, the Board shall determine whether to declare a dividend based upon the reserve ratio of the DIF as of December 31st of the preceding year, and the amount of the dividend, if any.
(b)Except as provided in paragraph
(d)of this section, if the reserve ratio of the DIF equals or exceeds 1.35 percent of estimated insured deposits and does not exceed 1.50 percent, the Board shall declare the amount that is equal to one-half of the amount in excess of the amount required to maintain the reserve ratio at 1.35 percent as the aggregate dividend to be paid to insured depository institutions.
(c)If the reserve ratio of the DIF exceeds 1.50 percent of estimated insured deposits, except as provided in paragraph (d), the Board shall declare the amount in excess of the amount required to maintain the reserve ratio at 1.50 percent as the aggregate dividend to be paid to insured depository institutions and shall declare a dividend under paragraph
(b)of this section.
(1)The Board may suspend or limit a dividend otherwise required to be paid if the Board determines that:
(i)A significant risk of losses to the DIF exists over the next one-year period; and
(ii)It is likely that such losses will be sufficiently high as to justify the Board concluding that the reserve ratio should be allowed:
(A)To grow temporarily without requiring dividends when the reserve ratio is between 1.35 and 1.50 percent; or
(B)To exceed 1.50 percent.
(2)In making a determination under this paragraph, the Board shall consider:
(i)National and regional conditions and their impact on insured depository institutions;
(ii)Potential problems affecting insured depository institutions or a specific group or type of depository institution;
(iii)The degree to which the contingent liability of the FDIC for anticipated failures of insured institutions adequately addresses concerns over funding levels in the DIF; and
(iv)Any other factors that the Board may deem appropriate.
(3)Within 270 days of making a determination under this paragraph, the Board shall submit a report to the Committee on Financial Services and the Committee on Banking, Housing, and Urban Affairs, providing a detailed explanation of its determination, including a discussion of the factors considered.
(e)The Board shall annually review any determination to suspend or limit dividend payments and must either:
(1)Make a new finding justifying the renewal of the suspension or limitation under paragraph
(d)of this section, and submit a report as required under paragraph (d)(3) of this section; or
(2)Reinstate the payment of dividends as required by paragraph
(b)or
(c)of this section. § 327.53 Allocation and payment of dividends.
(1)The allocation of any dividend among insured depository institutions shall be based on the institution's 1996 assessment base share and the institution's eligible premium share.
(2)As set forth in the following table, the part of a dividend allocated based upon an institution's 1996 assessment base share shall decline steadily from 100 percent to zero over fifteen years, and the part of a dividend allocated based upon an institution's eligible premium share shall increase steadily over the same fifteen-year period from zero to 100 percent. The 15-year period shall begin as if it had applied to a dividend based upon the reserve ratio at the end of 2006 and shall end with respect to any dividend based upon the reserve ratio at the end of 2021. Dividends based upon the reserve ratio as of December 31, 2021, and thereafter shall be allocated among insured depository institutions based solely on eligible premium shares. Total DIF Dividend Distribution Table Based upon the DIF reserve ratio at year-end Part of total DIF dividend determined by: 1996 Assessment base shares Eligible premium shares 2006 1 (100.0%) 0 (0%) 2007 14/15 (93.3%) 1/15 (6.7%) 2008 13/15 (86.7%) 2/15 (13/3%) 2009 4/5 (80.0%) 1/5 (20.0%) 2010 11/15 (73.3%) 4/15 (26.7%) 2011 2/3 (66.7%) 1/3 (33.3%) 2012 3/5 (60.0%) 2/5 (40.0%) 2013 8/15 (53.3%) 7/15 (46.7%) 2014 7/15 (46.7%) 8/15 (53.3%) 2015 2/5 (40.0%) 3/5 (60.0%) 2016 1/3 (33.3%) 2/3 (66.7%) 2017 4/15 (26.7%) 11/15 (73.3%) 2018 1/5 (20.0%) 4/5 (80.0%) 2019 2/15 (13.3%) 13/15 (86.7%) 2020 1/15 (6.7%) 14/15 (93.3%) 2021 0 (0%) 1 (100.0%) Thereafter 0 (0%) 1 (100%) The 15-year period shall be computed as if it had applied to dividends based upon the reserve ratios at the end of 2006 and 2007.
(b)The FDIC shall notify each insured depository institution of the amount of such institution's dividend payment based on its share as determined pursuant to paragraph
(a)of this section. Notice shall be given as soon as practicable after the Board's declaration of a dividend through a special notice of dividend.
(c)The FDIC shall pay individual dividend amounts, unless they are the subject of a request for review under § 327.54 of this subpart, to insured depository institutions no later than 45 days, or as soon as practicable thereafter, after the issuance of the special notices of dividend. The FDIC shall notify institutions whether dividends will offset the next collection of assessments at the time of the invoice. An institution's dividend amount may be remitted with that institution's assessment or paid separately. If remitted with the institution's assessment, any excess dividend amount will be a net credit to the institution and will be deposited into the deposit account designated by the institution for assessment payment purposes pursuant to subpart A of this part. If remitted with the institution's assessment and the dividend amount is less than the amount of assessment due, then the institution's account will be directly debited by the FDIC to reflect the net amount owed to the FDIC as an assessment.
(d)If an insured depository institution's dividend amount is subject to review under § 327.54, and that request is not finally resolved prior to the dividend payment date, the FDIC shall withhold the payment of the disputed portion of the dividend amount involved in the request for review. Adjustments to an individual institution's dividend amount based on the final determination of a request for review will be handled in the same manner as assessment underpayments and overpayments. § 327.54 Requests for review.
(a)An insured depository institution may submit a request for review of the FDIC's determination of the institution's 1996 assessment base share and/or its eligible premium share as shown on the institution's quarterly assessment invoice. Such requests shall be subject to the provisions of § 327.3(f)(3) of subpart A of this part, except for the invoice provided by the FDIC in March of any calendar year in which the FDIC declares a dividend. If the FDIC declares a dividend, any request for review of an institution's 1996 assessment base share and/or its eligible premium share as shown on the institution's March quarterly assessment invoice must be filed within 30 days of the date that the FDIC notifies the institution of its dividend amount. If an institution does not submit a timely request for review for the first invoice in which the dividend-related information that forms the basis for the request appears, the institution shall be barred from subsequently requesting review of that information.
(b)An insured depository institution may submit a request for review of the FDIC's determination of the institution's dividend amount as shown on the special notice of dividend. Such review may be requested if:
(1)The institution disagrees with the calculation of the dividend as stated on the special notice of dividend; or
(2)The institution believes that the 1996 assessment base ratio attributed to the institution has not been adjusted to include the 1996 assessment base ratio of an institution acquired by merger or transfer pursuant to §§ 327.33 and 327.34 of subpart B of this part and § 327.51(g) of this subpart, and the institution has not had a prior opportunity to request review or appeal under subpart B of this part or paragraph
(a)of this section; or
(3)The institution believes that the special notice does not fully or accurately reflect its eligible premiums or those of any of its predecessors and the institution has not had a prior opportunity to request review or appeal under subpart B of this part or paragraph
(a)of this section.
(c)Any such request for review under paragraph
(b)of this section must be submitted within 30 days of the date of the special notice of dividend for which a change is requested. The request for review shall be submitted to the Division of Finance and shall provide documentation sufficient to support the change sought by the institution. If an institution does not submit a timely request for review, that institution may not subsequently request review of its dividend amount, subject to paragraph
(d)of this section. At the time of filing with the FDIC, the requesting institution shall notify, to the extent practicable, any other insured depository institution that would be directly and materially affected by granting the request for review and provide such institution with copies of the request for review, the supporting documentation, and the FDIC's procedures for requests under this subpart. The FDIC shall make reasonable efforts, based on its official systems of records, to determine that such institutions have been identified and notified.
(d)During the FDIC's consideration of a request for review, the amount of dividend in dispute will not be available for use by any institution.
(e)Within 30 days of receiving notice of the request for review under paragraph
(b)of this section, those institutions identified as potentially affected by the request for review may submit a response to such request, along with any supporting documentation, to the Division of Finance, and shall provide copies to the requesting institution. If an institution that was notified under paragraph
(c)of this section does not submit a response to the request for review, that institution may not subsequently:
(1)Dispute the information submitted by any other institution on the transaction(s) at issue in that review process; or
(2)Appeal the decision by the Director of the Division of Finance.
(f)If additional information is requested of the requesting or affected institutions by the FDIC, such information shall be provided by the institution within 21 days of the date of the FDIC's request for additional information.
(g)Any institution submitting a timely request for review under paragraph
(b)of this section will receive a written response from the FDIC's Director of the Division of Finance (“Director”), or his or her designee, notifying the affected institutions of the determination of the Director as to whether the requested change is warranted, whenever feasible:
(1)Within 60 days of receipt by the FDIC of the request for revision;
(2)If additional institutions have been notified by the requesting institution or the FDIC, within 60 days of the date of the last response to the notification; or
(3)If additional information has been requested by the FDIC, within 60 days of receipt of the additional information, whichever is later. Notice of the procedures applicable to appeals under paragraph
(g)of this section will be included with the Director's written determination.
(h)An insured depository institution may appeal the determination of the Director to the FDIC's Assessment Appeals Committee on the same grounds as set forth under paragraph
(b)of this section. Any such appeal must be submitted within 30 calendar days from the date of the Director's written determination. The decision of the Assessment Appeals Committee shall be the final determination of the FDIC. Dated at Washington, DC, this 14th day of March, 2008. By order of the Board of Directors. Federal Deposit Insurance Corporation. Valerie J. Best, Assistant Executive Secretary. [FR Doc. E8-5670 Filed 3-21-08; 8:45 am] BILLING CODE 6714-01-P SMALL BUSINESS ADMINISTRATION 13 CFR Part 120 Lender Oversight and Credit Risk Management Program; Public Comment Meetings AGENCY: U.S. Small Business Administration. ACTION: Notice of Public Comment Meetings. SUMMARY: The U.S. Small Business Administration
(SBA)announces that it will be holding a series of public comment meetings on SBA's proposed lender oversight/credit risk management rule. These public comment meetings will be held in selected cities across the country. The purpose of the meetings is to broaden the opportunity for public participation in the rulemaking. Comments presented at these public comment meetings will become part of the administrative record for SBA's consideration in promulgating SBA's lender oversight/credit risk management regulations. DATES: The public comment meetings will be held on the dates, times and at the locations specified in the Meetings Schedule section below. All attendees should register at least one week prior to the scheduled meeting date. ADDRESSES: Parties interested in commenting at or attending a public comment meeting must register by providing a request to Keri Pessagno, SBA Office of Credit Risk Management, at *keri.pessagno@SBA.gov,* or
(202)205-6496, or by facsimile to
(202)481-0744. FOR FURTHER INFORMATION CONTACT: Bryan Hooper, Director, SBA Office of Credit Risk Management, at *bryan.hooper@SBA.gov,* or
(202)205-3049, or by facsimile
(202)205-6891. SUPPLEMENTARY INFORMATION: I. Background On October 31, 2007, SBA published a proposed rule to incorporate SBA's risk based lender oversight program into SBA regulations (72 FR 61752) and, on December 20, 2007, extended the comment period on the proposed rule to February 29, 2008. (72 FR 72264). SBA included in the proposed rule a proposed regulatory framework for SBA's oversight of participants in the 7(a), 504 and Microloan lending programs. This regulatory framework would enhance SBA's Office of Credit Risk Management's
(OCRM)ability to maximize the efficiency of SBA's lending programs by effectively managing program credit risk, monitoring lender performance, and enforcing lending program requirements. It is SBA's intent that the proposed framework would also incorporate the mission of SBA to assist small business access to credit. While the comments received on the proposed rule are greatly assisting SBA with its deliberations, SBA would like to broaden public participation by offering the public an opportunity to meet with SBA in person and communicate their comments. This Notice provides information on the purpose, format, scheduling, and registration for the public comment meetings. II. Public Comment Meetings The purpose of these public comment meetings is to broaden the opportunity for public participation in the rulemaking by providing a mechanism beyond the single written round of notice and comment and enable SBA to more fully comprehend the views of the public. SBA considers public comment meetings a valuable component of its deliberations and believes that these comment meetings will allow for constructive input by the lending community, their appointed representatives, and other members of the public. The comments conveyed would assist SBA in assessing and refining SBA's proposed rule. The format will consist of a panel of SBA representatives who will represent the Agency and moderate the oral comments. The panel will listen to the views of the oral commenters on the proposed regulations. SBA respectfully requests that the comments focus on the regulations as discussed in the proposal, SBA's incorporation of the Agency mission into the proposed rule, or on any unique concerns of the lending communities and other stakeholders potentially affected by this rule. SBA requests that commenters do not raise issues pertaining to other SBA small business programs or issues outside the scope of the proposed rule. Issues not raised in the proposed rule are more properly suited to a different forum than these meetings. Individuals orally commenting before SBA will be limited to a 5 minute oral comment. SBA officials may ask questions of a commenter to clarify or further explore the oral comments. Since the purpose of the meeting is to assist SBA with gathering comments for the proposed rule, SBA will not respond as to whether it agrees with the view or position of the commenter. Commenters may provide a written copy of their comments. SBA will accept written material that the commenter wishes to provide that further supplements his or her oral comments, at or before the meeting. Written comments may be submitted in lieu of oral comments. Electronic or digitized copies are encouraged. SBA will consider the comments, both oral and written, along with any written comments received. Oral and written comments will become part of the rulemaking record for SBA's consideration. III. Meeting Schedule Location Address Meeting date Registration closing date San Francisco, CA SBA District Office, 455 Market Street, 6th Floor, San Francisco, CA 94105 Tuesday, April 1, 2008. Begins 9:30 a.m., Ends 12:30 p.m Tuesday, March 25, 2008. Los Angeles, CA SBA District Office, 330 N. Brand Blvd., Suite 1200, Glendale, CA 91203 Thursday, April 3, 2008. Begins 9:30 a.m., Ends 12:30 p.m Thursday, March 27, 2008. Boston, MA O'Neil Federal Office Building, 10 Causeway Street, Auditorium, Boston, MA 02222 Tuesday, April 8, 2008. Begins 9:30 a.m., Ends 12:30 p.m Tuesday, April 1, 2008. Philadelphia, PA Robert N.C. Nix Building, 900 Market Street, 2nd Floor, Courtroom Number 7, Philadelphia, PA 19107 Wednesday, April 9, 2008. Begins 9:30 a.m., Ends 12:30 p.m Wednesday, April 2, 2008. Atlanta, GA Kennesaw State University, Continuing Education Center, 3333 Busbee Drive, Room 400, Kennesaw, GA 30144-3089 Tuesday, April 15, 2008. Begins 10 a.m., Ends 1 p.m Tuesday, April 8, 2008. Dallas, TX SBA Disaster Office, 14925 Kingsport Road, Ft. Worth, TX 76155 Wednesday, April 16, 2008. Begins 9:30 a.m., Ends 12:30 p.m Wednesday, April 9, 2008. Kansas City, MO SBA District Office, 1000 Walnut Street, Suite 500, Kansas City, MO 64106 Thursday, April 17, 2008. Begins 8 a.m., Ends 11 a.m Thursday, April 10, 2008. Chicago, IL Citicorp Center, 500 West Madison Street, 3rd Floor Conference Center, Chicago, IL 60661 Friday, April 18, 2008. Begins 9:30 a.m., Ends 12:30 p.m Friday, April 11, 2008. Each public comment meeting will begin 9:30 a.m. and end at 12:30 p.m. (local time) for San Francisco, CA, Los Angeles, CA, Boston, MA, Philadelphia, PA, Dallas, TX and Chicago, IL. For Atlanta, GA, the meeting will begin at 10 a.m. and end at 1 p.m. For Kansas City, MO the meeting will begin at 8 a.m. and end at 11 a.m. SBA will adjourn early if all those scheduled have delivered their testimony. IV. Registration SBA respectfully requests that any elected or appointed representative of any lender or other stakeholder communities that is interested in attending please register in advance and indicate whether you would like to orally comment at the meeting. Registration requests should be received by SBA at least one week prior to the respective public comment meeting date. Please contact Keri Pessagno of SBA's Office of Credit Risk Management at *keri.pessagno@sba.gov,* or
(202)205-6496, or by facsimile to
(202)481-0744. If you are interested in orally commenting please include the following information relating to the person orally commenting and the location they will be attending: Name, Title, Organization affiliation, Address, Telephone number, E-mail address and Fax number. SBA will attempt to accommodate all interested parties that wish to orally comment. However, time considerations limit the total number of oral commenters at each meeting. If the number of individuals seeking to orally comment at a specific meeting exceeds the number permitted due to time limitations, SBA will ask if any interested parties are able to attend a different meeting, and if that is not possible, will ask those requesting to orally comment last in time to submit their comments in writing. To afford all interested parties an opportunity to orally comment at the meetings, an individual can register for only one meeting location. Parties that plan to attend the meeting but not orally comment must also pre-register. For those parties, please indicate in your registration that you will be attending the meeting but not making an oral comment. SBA will confirm in writing the registration of commenters and attendees for the meetings. Eric Zarnikow, Associate Administrator, Office of Capital Access. [FR Doc. E8-5856 Filed 3-21-08; 8:45 am] BILLING CODE 8025-01-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2006-0871; FRL-8545-1] Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Approval of 8-Hour Ozone Section 110(a)(1) Maintenance Plans for the Parishes of Lafayette and Lafourche AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve revisions to the Louisiana State Implementation Plan
(SIP)concerning the 8-hour ozone maintenance plans for the parishes of Lafayette and Lafourche. On October 13, 2006, and December 19, 2006, the State of Louisiana submitted maintenance plans for Lafayette and Lafourche Parishes, respectively, which ensure continued attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS) through the year 2014. These maintenance plans meet the statutory and regulatory requirements, and are consistent with EPA's guidance. EPA is approving the revisions pursuant to section 110 of the Federal Clean Air Act (CAA). DATES: Written comments must be received on or before April 23, 2008. ADDRESSES: Comments may be mailed to Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the Addresses section of the direct final rule located in the rules section of this **Federal Register** . FOR FURTHER INFORMATION CONTACT: Paul Kaspar, Air Planning Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone
(214)665-7459; fax number 214-665-7263; e-mail address *kaspar.paul@epa.gov.* SUPPLEMENTARY INFORMATION: In the final rules section of this **Federal Register** , EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule, which is located in the rules section of this **Federal Register** . Dated: March 6, 2008. Lawrence E. Starfield, Acting Regional Administrator, Region 6. [FR Doc. E8-5798 Filed 3-21-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 59 [EPA-HQ--OAR-2006-0971; FRL-8544-1] RIN 2060-AO86 National Volatile Organic Compound Emission Standards for Aerosol Coatings AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: The EPA is proposing to amend the National Volatile Organic Compound Emission Standards for Aerosol Coatings final rule, published elsewhere in this **Federal Register** , which is a rule that establishes national reactivity-based emission standards for the aerosol coatings category (aerosol spray paints) under the Clean Air Act (CAA). In the “Rules and Regulations” section of this **Federal Register** , we are making these same amendments as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule. DATES: Comments. Written comments must be received by April 23, 2008. Public Hearing. If anyone contacts EPA requesting to speak at a public hearing concerning the proposed regulation by April 3, 2008, we will hold a public hearing on April 8, 2008. Additional information about the opportunity for a public hearing is contained in the direct final rule located in the rules section of this **Federal Register** . ADDRESSES: Comments. Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2007-0429 by mail to National Volatile Organic Compound Emission Standards for Aerosol Coatings, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two copies. Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this **Federal Register** . FOR FURTHER INFORMATION CONTACT: For further information, contact Ms. J. Kaye Whitfield, U.S. EPA, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Natural Resources and Commerce Group (E143-03), Research Triangle Park, NC 27711; telephone number
(919)541-2509; facsimile number
(919)541-3470; e-mail address: *whitfield.kaye@epa.gov.* For information concerning the CAA section 183(e) consumer and commercial products program, contact Mr. Bruce Moore, U.S. EPA, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Natural Resources and Commerce Group (E143-03), Research Triangle Park, North Carolina 27711, telephone number:
(919)541-5460, facsimile number
(919)541-3470, e-mail address: *moore.bruce@epa.gov* . SUPPLEMENTARY INFORMATION: I. Why Is EPA Issuing This Proposed Rule? This document proposes to take action on the National Emission Standards for Aerosol Coatings to clarify and amend certain explanatory and regulatory text in the rule concerning how compounds are added to the lists in Tables 2A, 2B and 2C, and when distributors and retailers are regulated entities responsible for compliance with the final rule. We have published a direct final rule to make these same amendments in the “Rules and Regulations” section of this **Federal Register** because we view this as a non-controversial action and anticipate no adverse comment. We have explained our reasons for this action in the preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the direct final rule, and it will not take effect. We would address all public comments in any subsequent final rule base on this proposed rule. We do not intend to institute a second comment period on this action. Any parties interested in commenting must do so at this time. The regulatory text for the proposal is identical to that for the direct final rule published in the “Rules and Regulations” section of this **Federal Register** . For further supplementary information, the detailed rationale for the proposal and the regulatory revisions, see the direct final rule published in a separate part of this **Federal Register** . II. Does This Action Apply to Me? The entities potentially affected by this proposed rule are the same entities that are subject to the Aerosol Coatings final rule, published elsewhere in this **Federal Register** . The entities affected by the Aerosol Coatings final rule, published elsewhere in this **Federal Register** , include: Manufacturers, processors, distributors, importers of aerosol coatings for sale or distribution in the United States, and manufacturers, processors, distributors, or importers who supply the entities listed above with aerosol coatings for sale or distribution in interstate commerce in the United States. III. Statutory and Executive Order Reviews For a complete discussion of all the administrative requirements applicable to this action, see the Direct Final Rule in the Rules and Regulations section of this **Federal Register** . List of Subjects in 40 CFR Part 59 Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: March 13, 2008. Stephen L. Johnson, Administrator. [FR Doc. E8-5588 Filed 3-21-08; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 380, 383, and 384 [Docket No. FMCSA-2007-27748] RIN 2126-AB06 Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators: Updated Information and Extension of Comment Period AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Proposed rule; Updated information and extension of comment period. SUMMARY: In response to a request, the Federal Motor Carrier Safety Administration (FMCSA) extends until May 23, 2008, the comment period for its notice of proposed rulemaking
(NPRM)published on December 26, 2007. FMCSA also updates information in the Paperwork Reduction Act section in the preamble to the NPRM. DATES: Please submit comments regarding the NPRM to the docket by May 23, 2008. Please submit comments regarding updated information under the Paperwork Reduction Act by May 23, 2008. ADDRESSES: You must submit comments, identified by Docket ID Number FMCSA-2007-27748, by one of the following methods: • *Electronically:* Through the Federal Docket Management System
(FDMS)at *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Mail/Courier:* U.S. Department of Transportation, Docket Management Facility, West Building Ground Floor, Room W12-140, 1200 New Jersey Ave, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. • *Fax:*
(202)493-2251. • *Docket:* For access to the docket to read comments received and background material, go to the Federal Docket Management System
(FDMS)at: *http://www.regulations.gov,* and search for docket ID Number FMCSA-2007-27748. Comments may also be inspected at the U.S. Department of Transportation, Docket Management Facility, West Building Ground Floor, Room W12-140, 1200 New Jersey Ave, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. • *Privacy Act:* Regardless of the method used for submitting comments, all comments or material will be posted without change to the FDMS, including personal information. Anyone can search the electronic form of all of our dockets in FDMS by the name of the individual submitting the document (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement published in the **Federal Register** on April 11, 2000 (65 FR 19476) or you may visit *http://DocketsInfo.dot.gov.* FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and Carrier Operations Division (MC-PSD), telephone
(202)366-4325 or e-mail *mcpsd@dot.gov.* SUPPLEMENTARY INFORMATION: On December 26, 2007 (72 FR 73226), FMCSA published for public comment a notice of proposed rulemaking
(NPRM)concerning minimum training requirements for entry-level commercial motor vehicle operators. The original comment period for the NPRM expires on March 25, 2008. In response to a letter dated February 26, 2008 from the American Trucking Associations, FMCSA has extended the comment period, which now expires on May 23, 2008. The FMCSA has updated the NPRM, on page 73241, second column, under the headings *Respondents, Frequency,* and *Annual Burden Estimate,* so that it reads as follows: *Respondents:* The annual number of drivers providing training certificates under the current rule, which would remain in effect during the 3-year implementation period, is 32,426. The number of training institutions (public and private) that would provide training under the terms of this proposed rule is uncertain, but FMCSA estimates it to be between 200 and 500. The number of State licensing agencies is 51. The total of these three groups of potential respondents will range between 32,677 and 32,977 during the initial 3-year implementation period. *Frequency:* Information would not be collected with any specific frequency during the 3-year life of the information collection. The initial burdens on training institutions and SDLAs will be limited to startup activities. “ *Annual Burden Estimate:* This proposal would result in an annual recordkeeping and reporting burden estimated to be 134,990 hours, calculated as follows: Entry-level CDL drivers after the first year under the currently approved information collection incur a burden of 5,400 hours, and this burden would remain in effect until OMB approval of a pending revision of the information collection. In addition, during the 3-year phase-in period the CDL-training institutions would incur an estimated burden of 125,000 hours to revise their processes to conform to the requirements of this rule. During the same period, State driver- licensing agencies would incur a burden of 4,590 hours to modify their systems. The total proposed annual burden is 134,990 hours (5,400 + 125,000 + 4,590). Following the 3-year implementation period, calculation of the PRA burden would be revised by FMCSA because the rule would be fully operational. “FMCSA has submitted this NPRM and a supporting statement to OMB, estimating the paperwork burdens of this proposal. The Agency is soliciting comments to—
(1)Evaluate whether the proposed information requirement 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,
(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, electronic, mechanical, or other technological collection techniques or other forms of information technology. You may submit comments on the PRA aspects of this proposed rule directly to OMB. The deadline for such submissions is May 23, 2008. You must mail or hand-deliver your comments to: *Attention:* Desk Officer for the Department of Transportation, Docket Library, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, 725 17th Street, NW., Washington, DC 20503.” Issued on: March 19, 2008. David H. Hugel, Deputy Administrator. [FR Doc. E8-5905 Filed 3-21-08; 8:45 am] BILLING CODE 4910-EX-P 73 57 Monday, March 24, 2008 Notices DEPARTMENT OF AGRICULTURE Rural Housing Service USDA Rural Development Voucher Program AGENCY: Rural Housing Service, USDA. ACTION: Notice of USDA Voucher Program Availability. SUMMARY: This notice informs the public that the United States Department of Agriculture
(USDA)has established a demonstration USDA Rural Development Voucher Program, as authorized under section 542 of the Housing Act of 1949 as amended, (without regard to section 542(b)), which is being administered by the USDA. This notice informs the public that USDA shall make $4,965,000.00 available for this purpose, as appropriated under the Consolidated Appropriations Act, 2008. The notice also sets forth the general policies and procedures for use of these vouchers. DATE: March 24, 2008. FOR FURTHER INFORMATION CONTACT: Stephanie B.M. White, Director, Multi-Family Housing Portfolio Management Division, Rural Development, United States Department of Agriculture, 1400 Independence Avenue, SW., STOP 0782, Washington, DC 20250-0782, telephone
(202)720-1615. Persons with hearing or speech impairments may access this number via TTY by calling the toll-free Federal Information Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: I. Background The Consolidated Appropriations Act, 2008 (Pub. L. 110-161) (December 26, 2007) (Consolidated Appropriations Act, 2008), appropriates $4,965,000.00 to the USDA for the Rural Development Voucher Program as authorized under section 542 of the Housing Act of 1949, as amended 42 U.S.C. 1471 *et seq* . (without regard to section 542(b)). The Consolidated Appropriations Act, 2008, provides that the Secretary of the United States Department of Agriculture shall carry out the USDA Rural Development Voucher Program as follows: “That of the funds made available under this heading, $5,000,000 shall be available for rural housing vouchers to any low-income household (including those not receiving rental assistance) residing in a property financed with a section 515 loan which has been prepaid after September 30, 2005: *Provided further,* That the amount of such voucher shall be the difference between comparable market rent for the section 515 unit and the tenant paid rent for such unit: *Provided further,* That funds made available for such vouchers shall be subject to the availability of annual appropriations: *Provided further,* That the Secretary shall, to the maximum extent practicable, administer such vouchers with current regulations and administrative guidance applicable to section 8 housing vouchers administered by the Secretary of the Department of Housing and Urban Development (including the ability to pay administrative costs related to delivery of the voucher funds)”. This notice outlines the process for providing voucher assistance to the eligible impacted families when an owner prepays a section 515 loan or Agency action results in a foreclosure after September 30, 2005. II. Design Features of the USDA Voucher Program This section sets forth the design features of the USDA Rural Development Voucher Program, including the eligibility of families, the inspection of the units, and the calculation of the subsidy amount. Rural Development vouchers under this part are administered by the Rural Housing Service, an Agency under the Rural Development mission area, in accordance with requirements set forth in, “The Rural Development Voucher Program Guide,” which can be obtained by contacting any Rural Development office. Contact information for Rural Development offices can be found at *http://offices.sc.egov.usda.gov/locator/app.* These requirements are generally based on the housing choice voucher program regulations of the United States Department of Housing and Urban Development
(HUD)set forth at 24 CFR part 982, unless otherwise noted by this Notice. The Rural Development Voucher Program is intended to offer protection to eligible multifamily housing tenants in properties financed through Rural Development's section 515 Rural Rental Housing Program (515 property) who may be subject to economic hardship through prepayment of the Rural Development mortgage. When the owner of a 515 property pays off the loan, the Rural Development affordable housing requirements and rental assistance subsidies generally cease to exist. Rents may increase, thereby making the housing unaffordable to tenants. Whether or not the rent increases, the tenant will be responsible for the full payment of rent. The USDA Rural Development Voucher Program applies to any 515 property where the mortgage is paid off prior to the maturity date in the promissory note after September 30, 2005. This includes foreclosed properties. Tenants in foreclosed properties are eligible for a Rural Development voucher under the same conditions as properties that go through the standard prepayment process. The Rural Development voucher will help tenants by providing a short-term rental subsidy, up to 36 monthly payments, that will supplement the tenant's rent payment. This short-term subsidy enables a tenant to make an informed decision about remaining in the property, moving to a new property, or obtaining other financial housing assistance. Low-income tenants in the prepaying property are eligible to receive a voucher to use at their current rental property, or take to any other rental unit in the United States and its territories. In order to utilize a voucher, the rental unit must pass a Rural Development health inspection, and the owner must be willing to accept a USDA Rural Development voucher. USDA Rural Development vouchers cannot be used for units in subsidized housing like Section 8 and public housing, where two housing subsidies would result. The USDA Rural Development voucher may be used for rental units in other properties financed by Rural Development, but it cannot be used in combination with the Rural Development Rental Assistance program. The USDA Rural Development voucher may not be used for the purchase of a home. 1. Family Eligibility In order to be eligible for the USDA Rural Development voucher under this notice, a family must be residing in the section 515 project on the date of the prepayment of the section 515 loan or upon foreclosure by Rural Development. Furthermore, the date of the prepayment or foreclosure must be after September 30, 2005. As stated in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the tenant must be a citizen, United States non-citizen national, or qualified alien. Rural Development will determine if the family is a low-income family on the date of the prepayment or foreclosure. When Rural Development determines a family is low-income, Rural Development will send the primary tenant a letter offering the family a voucher and will enclose a Voucher Obligation Form. If the family wants to participate in the USDA Rural Development Voucher Program, the tenant has 10 months from the date of prepayment, but no later than September 15, 2008, to return the Obligation Request Form to the local Rural Development office. A low-income family is a family whose annual income does not exceed 80 percent of the median income for the area. If Rural Development makes a determination that the tenant is ineligible based on income, Rural Development will provide administrative appeal rights. The voucher is issued to the household in the name of the primary tenant. If the primary tenant dies during the term of the voucher, the use of the voucher passes to the co-tenant. 2. Obtaining a Voucher Rural Development will monitor the prepayment request process or foreclosure process, and as part of that process will obtain a rent comparability study prior to the date of prepayment or foreclosure. The rent comparability study will be used to calculate the amount of voucher each tenant is entitled to receive. All tenants will be notified of eligibility determinations and voucher calculations by Rural Development by the date of prepayment. As previously stated, such notice will include a description of the USDA Rural Development Voucher Program, an Obligation Request Form, and an offer to participate in the USDA Rural Development Voucher Program if the family is eligible to receive such voucher. Once the primary tenant returns the Obligation Request Form to Rural Development, a voucher will be issued. All information necessary for a housing search, explanations of unit acceptability, and Rural Development contact information will be provided by Rural Development to the tenant at that time. The family receiving a USDA Rural Development voucher has an initial search period of 60 calendar days to find a housing unit. At its discretion, the Agency may grant one or more extensions of the initial search period for up to an additional 60 days. The maximum voucher search period for any family participating in the USDA Rural Development Voucher Program is 120 days. If the family needs and requests an extension of the initial search period as a reasonable accommodation to make the program accessible to a disabled family member, the Agency will extend the voucher search period. If the USDA Rural Development voucher remains unused after a period of 150 days from issuance, the USDA Rural Development voucher will become void and funding will be cancelled. The tenant will no longer be eligible to receive a USDA Rural Development voucher. 3. Initial Lease Term The initial lease term for the housing unit where the family wishes to use its voucher must be for one year. 4. Inspection of Units and Unit Approval The inspection standards currently in effect for the Rural Development section 515 Multi-Family Housing Program apply to the USDA Rural Development Voucher Program. Rural Development must inspect the unit and ensure that the unit meets the housing inspection standards of the program at 7 CFR 3560.103. Under no circumstances may Rural Development make voucher rental payments for any period of time prior to the date that Rural Development physically inspects the unit and determines the unit meets the housing inspection standards. In the case of properties financed by Rural Development under the Section 515 program, Rural Development may accept the results of physical inspections performed no more than one year prior to the date of receipt by Rural Development of Form HUD 52517, “Request for Tenancy Approval,” in order to make determinations on acceptable housing standards. Before approving a family's assisted tenancy or executing a Housing Assistance Payments contract, Rural Development must determine that the following conditions are met:
(1)The unit has been inspected by Rural Development and passes the housing standards inspection or has otherwise been found acceptable as noted previously; and
(2)the lease includes the HUD tenancy addendum. Once the conditions for a Housing Assistance Payments contract are met, Rural Development will approve the unit for leasing. Rural Development will then execute with the owner a Housing Assistance Payments
(HAP)contract, Form HUD-52641. The HAP contract must be executed before USDA Rural Development voucher payments can be made. While Rural Development must use its best efforts to execute the HAP contract on behalf of the family before the beginning of the lease term, the HAP contract may be executed up to 60 calendar days after the beginning of the lease term. If the HAP contract is executed during this 60-day period, Rural Development will pay retroactive housing assistance payments to cover the portion of the approved lease term before execution of the HAP contract. Any HAP contract executed after the 60-day period is untimely and Rural Development will not pay any housing assistance payment to the owner for that period. In establishing the effective date of the voucher HAP contracts, Rural Development may not execute a housing voucher contract that is effective prior to the section 515 loan prepayment. 5. Subsidy Calculations for USDA Rural Development Vouchers The monthly housing assistance payment for the USDA Rural Development Voucher Program is the difference between the comparable market rent for the family's former section 515 unit and the tenant contribution on the date of the prepayment. The tenant can appeal Rural Development's determination of the voucher amount through USDA's administrative appeal process, 7 CFR part 11. Since the USDA Rural Development voucher amount will be based on the comparable market rent, the voucher amount will never exceed the comparable market rent at the time of prepayment for the tenant's unit if they choose to stay in-place. Also, in no event may the USDA Rural Development voucher subsidy payment exceed the actual tenant lease rent. The amount of the voucher does not change over time. Due to the short-term nature of the USDA Rural Development Voucher Program, there are no continued income eligibility tests or income recertifications after the family is determined income-eligible at the time of prepayment or foreclosure. 6. Mobility and Portability of USDA Rural Development Vouchers An eligible family that is issued a USDA Rural Development voucher may elect to use the assistance in the same project or may choose to move from the property. The USDA Rural Development voucher may be used at the prepaid property or any other rental unit in the United States and its territories that passes Rural Development physical inspection standards, and where the owner will accept a USDA Rural Development voucher. HUD Section 8 and Federally-assisted public housing is excluded from the USDA Rural Development Voucher Program because these units are already federally subsidized. Tenants with a USDA Rural Development voucher would have to give up the USDA Rural Development voucher to accept the assistance at those properties. The USDA Rural Development voucher may be used in other properties financed by Rural Development, but it cannot be used in combination with the Rural Development Rental Assistance Program. Tenants with a USDA Rural Development voucher that apply for housing in a Rural Development-financed property must choose between using the voucher or Rental Assistance (RA). If the tenant relinquishes the USDA Rural Development voucher in favor of RA, the tenant is not eligible to receive another USDA Rural Development voucher. 7. Term of Funding for Rural Development Vouchers The USDA Rural Development Voucher Program provides voucher assistance for 12 monthly payments, subject to the availability of appropriations to the USDA. 8. Non-Discrimination Statement “The U.S. Department of Agriculture
(USDA)prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at
(202)720-2600 (voice and TDD). To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call
(800)795-3272 (voice) or
(202)720-6382 (TDD). USDA is an equal opportunity provider, employer, and lender.” 9. Paperwork Reduction Act The information collection requirements contained in this document are those of the Housing Choice Voucher Program, which have been approved by the Office of Management and Budget
(OMB)under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2577-0169. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Dated: March 14, 2008. Russell T. Davis, Administrator, Rural Housing Service. [FR Doc. E8-5817 Filed 3-21-08; 8:45 am] BILLING CODE 3410-XV-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35). *Agency:* U.S. Census Bureau. *Title:* Census Employment Inquiry. *Form Number(s):* BC-170A, BC-170B, BC-170D. *OMB Control Number:* 0607-0139. *Type of Request:* Revision of a currently approved collection. *Burden Hours:* 250,000. *Number of Respondents:* 1,000,000. *Average Hours per Response:* 15 minutes. *Needs and Uses:* The Census Bureau requests continued OMB approval for the BC-170A, BC-170B, and the BC-170D, Census Employment Inquiry forms for Field Division. The BC-170 is used throughout the census and intercensal periods for the special census, pretests, and dress rehearsals for short-term time limited appointments. Applicants completing the form for a census related position are applying for temporary jobs in office and field positions, such as clerks, enumerators, crew leaders, and supervisors. In addition, as an option to the OF-612, Optional Application for Federal Employment, the BC-170 may be used when applying for temporary/permanent office and field positions, such as clerks, field representatives, and supervisors on a recurring survey in one of the Census Bureau's 12 Regional Offices
(ROs)throughout the United States. During the decennial census, the BC-170 is intended to expedite hiring and selection in situations requiring large numbers of temporary employees for assignments of a limited duration. The use of this form is limited to only situations which require the establishment of a temporary office and/or involve special, one-time or recurring survey operations at one of the ROs. The form has been demonstrated to meet our recruitment needs for temporary workers and requires significantly less burden than the Office of Personnel Management
(OPM)Optional Forms that are available for use by the public when applying for federal positions. For the 2010 Census, Census expect to recruit 3,000,000 applicants for jobs. The recurring survey form is identified as the BC-170A. The form for special censuses is identified as the BC-170B, and the form for decennial as the BC-170D. The variation of forms by operation, is to collect specific data needed based on the nature of the operation. The major area of difference relates to the collection of work history. A cover sheet will be attached to each respective BC-170 to provide applicants with a brief description of their prospective job duties with the Census Bureau; the cover sheet message will vary for decennial, special censuses, or recurring survey positions. The modified cover sheet is attached to each form. The changes to the forms for this period included updating the identification that is allowed to be used as employment eligibility verification, the addition of place of birth, and the collection of the name of the educational institution the applicant attended. The BC-170 (A, B, and D) is completed by job applicants before or at the time they are tested. Selecting officials will review the information shown on the form and determine the applicant's employment suitability. Failure to collect this information could result in the hiring of unsuitable and/or unqualified workers. *Affected Public:* Individuals or households. *Frequency:* On occasion. *Respondent's Obligation:* Required to obtain or retain benefits. *Legal Authority:* Title 13, United States Code, Section 23 a and c. *OMB Desk Officer:* Brian Harris-Kojetin,
(202)395-7314. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at: *dhynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Brian Harris-Kojetin, OMB Desk Officer either by fax (202-395-7245) or e-mail ( *bharrisk@omb.eop.gov* ). Dated: March 18, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-5826 Filed 3-21-08; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Agency:* National Oceanic and Atmospheric Administration (NOAA). *Title:* Billfish Certificate of Eligibility. *Form Number(s):* None. *OMB Approval Number:* 0648-0216. *Type of Request:* Regular submission. *Burden Hours:* 43. *Number of Respondents:* 200. *Average Hours per Response:* Initial dealer information, 20 minutes; subsequent dealer information, 2 minutes. *Needs and Uses:* Persons who are first receivers of billfish, except for billfish landed in a Pacific state and remaining in the state of landing, are required to complete a Certificate of Eligibility for Billfish as a condition for the domestic trade of fresh and frozen billfish shipments. The dealers or processors who subsequently receive or possess billfish must retain a copy of the Certificate of Eligibility for Billfish while processing the billfish. The purpose of this requirement is to ensure that Atlantic billfish are retained as a recreational resource, and that any billfish entering the commercial trade have not been harvested from the Atlantic Ocean management unit. *Affected Public:* Business or other for-profit organizations. *Frequency:* On occasion. *Respondent's Obligation:* Mandatory. *OMB Desk Officer:* David Rostker,
(202)395-3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at: *dHynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, fax number
(202)395-7285, or *David_Rostker@omb.eop.gov.* Dated: March 19, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-5872 Filed 3-21-08; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Agency:* National Oceanic and Atmospheric Administration (NOAA). *Title:* Implantation and Recovery of Archival Tags. *Form Number(s):* None. *OMB Approval Number:* 0648-0338. *Type of Request:* Regular submission. *Burden Hours:* 21. *Number of Respondents:* 30. *Average Hours per Response:* Tag recovery, 30 minutes; written notification of beginning of tagging activity, 30 minutes; reports, 1 hour. *Needs and Uses:* Under a scientific research exemption any person may catch, possess, retain, and land any Highly Migratory Species Division-regulated species in which an archival tag has been affixed or implanted, provided that the person immediately reports the landing to National Marine Fisheries Service (NMFS). In addition, any person affixing or implanting an archival tag to a regulated species is required to provide NMFS with written notification in advance of beginning the tagging activity, and to provide a written report upon completion of the activity. *Affected Public:* Individual or household; business or other for-profit organizations. *Frequency:* On occasion. *Respondent's Obligation:* Mandatory. *OMB Desk Officer:* David Rostker,
(202)395-3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at: *dHynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, fax number
(202)395-7285, or *David_Rostker@omb.eop.gov.* Dated: March 19, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-5873 Filed 3-21-08; 8:45am BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Agency:* National Oceanic and Atmospheric Administration (NOAA). *Title:* Cooperative Charting Programs. *Form Number(s):* None. *OMB Approval Number:* 0648-0022. *Type of Request:* Regular submission. *Burden Hours:* 4,400. *Number of Respondents:* 1,025. *Average Hours per Response:* Chart updating Excel form, 3 hours; website reporting, 2 hours. *Needs and Uses:* In accordance with 33 U.S.C Sections 883a and b, NOAA's National Ocean Service
(NOS)produces the official nautical charts of the United States. U.S. Coast Guard Auxiliary members report observations of changes that require additions, corrections, or revisions to nautical charts on the NOAA Form 77-5. The U.S. Power Squadrons use a website to report the same information. The information provided is used by NOS cartographers to maintain and prepare new editions of nautical charts that are used nationwide by commercial and recreational navigators. *Affected Public:* Individuals or households. *Frequency:* On occasion. *Respondent's Obligation:* Voluntary. *OMB Desk Officer:* David Rostker,
(202)395-3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at: *dHynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, fax number
(202)395-7285, or *David_Rostker@omb.eop.gov* . Dated: March 19, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-5874 Filed 3-21-08; 8:45 am] BILLING CODE 3510-JS-P DEPARTMENT OF COMMERCE Economics and Statistics Administration Bureau of Economic Analysis Advisory Committee AGENCY: Bureau of Economic Analysis. ACTION: Notice of public meeting. SUMMARY: Pursuant to the Federal Advisory Committee Act (Public Law 92-463 as amended by Public Law 94-409, Public Law 96-523, Public Law 97-375 and Public Law 105-153), we are announcing a meeting of the Bureau of Economic Analysis Advisory Committee. The meeting will address the new classification system for consumer expenditures, how “offshoring” might bias the GDP statistics, and some sources of the moderation in GDP volatility. DATES: Friday, May 2, 2008, the meeting will begin at 9: a.m. and adjourn at approximately 3:30 p.m. ADDRESSES: The meeting will take place at the Bureau of Economic Analysis at 1441 L St. NW., Washington, DC. FOR FURTHER INFORMATION CONTACT: Jeffrey Newman, Media and Outreach Lead, Bureau of Economic Analysis, U.S. Department of Commerce, Washington, DC 20230; telephone number:
(202)606-9265. *Public Participation:* This meeting is open to the public. Because of security procedures, anyone planning to attend the meeting must contact Jeffrey Newman of BEA at
(202)606-9265 in advance. The meeting is physically accessible to people with disabilities. Requests for foreign language interpretation or other auxiliary aids should be directed to Jeffrey Newman at
(202)606-9265. SUPPLEMENTARY INFORMATION: The Committee was established September 2, 1999. The Committee advises the Director of BEA on matters related to the development and improvement of BEA's national, regional, industry, and international economic accounts, especially in areas of new and rapidly growing economic activities arising from innovative and advancing technologies, and provides recommendations from the perspectives of the economics profession, business, and government. This will be the Committee's seventeenth meeting. Dated: March 17, 2008. Rosemary D. Marcuss, Deputy Director, Bureau of Economic Analysis. [FR Doc. E8-5895 Filed 3-21-08; 8:45 am] BILLING CODE 3510-06-P DEPARTMENT OF COMMERCE International Trade Administration Proposed Information Collection; Comment Request; Foreign-Trade Zone Application AGENCY: International Trade Administration, Department of Commerce. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal Agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before May 23, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at: *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Christopher J. Kemp, Foreign-Trade Zones Staff,
(202)482-0862 or via e-mail, *christopher_kemp@ita.doc.gov* . SUPPLEMENTARY INFORMATION: I. Abstract The Foreign-Trade Zone Application is the vehicle by which individual firms or organizations apply for foreign-trade zone
(FTZ)status, subzone status, or expansion of an existing zone. The FTZ Act and Regulations require that an application with a description of the proposed project be made to the FTZ Board (19 U.S.C. 81b and 81f; 15 CFR 400.24-26) before a license can be issued or a zone can be expanded. They also require that applications contain detailed information on facilities, financing, operational plans, proposed manufacturing operations, need, and economic impact. The manufacturing activity in zones, which is primarily conducted in subzones, can involve issues related to domestic industry and trade policy impact. These applications must include specific information on the Customs tariff-related savings that result from zone procedures and the economic consequences of permitting such savings. The FTZ Board requires complete and accurate information on the proposed operation and its economic effects because the regulations authorize the Board to restrict or prohibit operations that are detrimental to the public interest. II. Method of Collection The applications are in paper format. III. Data *OMB Control Number:* 0625-0139. *Form Number:* None. *Type of Review:* Regular submission. *Affected Public:* State, local, or tribal government; not-for-profit institutions. *Estimated Number of Respondents:* 145. *Estimated Time per Response:* 20 to 120 hours, depending on type of application. *Estimated Total Annual Burden Hours:* 9,180 hours. *Estimated Total Annual Costs:* $0. IV. Request for Comments Comments are invited on
(a)whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and costs) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: March 18, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-5825 Filed 3-21-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration Proposed Information Collection; Comment Request; Steel Import License AGENCY: International Trade Administration. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before May 23, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at: *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Julie Al-Saadawi, Import Administration, Office of Policy,
(202)482-2105, Fax:
(202)501-1377, or via e-mail: *Julie_Al-Saadawi@ita.doc* . SUPPLEMENTARY INFORMATION: I. Abstract The President's Proclamation on Steel Safeguards mandated that the Departments of Commerce and Treasury institute an import licensing system to facilitate the monitoring of certain steel imports. Regulations were established that implemented the Steel Import Monitoring and Analysis
(SIMA)system and expanded on the licensing system for steel that was part of those safeguards. The import license information is necessary to assess import trends of steel products. In order to effectively monitor steel imports, Commerce must collect and provide timely aggregated summaries about imports. The Steel Import License is the tool used to collect the necessary information. The Census Bureau currently collects import data and disseminates aggregate information about steel imports. However, the time required to collect, process, and disseminate this information through Census can take up to 90 days after importation of the product, giving interested parties and the public far less time to respond to injurious sales. II. Method of Collection The license application can be submitted electronically or completed electronically and faxed. III. Data *OMB Control Number:* 0625-0245. *Form Number(s):* ITA-4141P. *Type of Review:* Regular submission. *Affected Public:* Business or for-profit organizations. *Estimated Number of Respondents:* 3,500. *Estimated Time per Response:* 10 minutes. *Estimated Total Annual Burden Hours:* 100,000. *Estimated Total Annual Cost to Public:* $0. IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: March 19, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-5875 Filed 3-21-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration A-552-801 Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Extension of Time Limit for Final Results of the New Shipper Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce EFFECTIVE DATE: March 24, 2008. FOR FURTHER INFORMATION CONTACT: Julia Hancock, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone:
(202)482-1394. SUPPLEMENTARY INFORMATION: Background On February 1, 2008, the Department of Commerce (“Department”) issued the preliminary results of these new shipper reviews. *See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Partial Rescission and Preliminary Results of the First New Shipper Review* , 73 FR 6125 (February 1, 2008) (“ *Preliminary Results* ”). The final results are currently due on April 21, 2008. Extension of Time Limits for Final Results Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the “Act”), and 19 CFR 351.214(i)(1) require the Department to issue the preliminary results of a new shipper review within 180 days after the date on which the new shipper review was initiated and final results of a review within 90 days after the date on which the preliminary results were issued. The Department may, however, extend the deadline for completion of the final results of a new shipper review to 150 days if it determines that the case is extraordinarily complicated. *See* section 751(a)(2)(B)(iv) of the Act, and 19 CFR 351.214(i)(2). The Department is extending the deadline for the completion of the final results of these new shipper reviews of the antidumping duty order on certain frozen fish fillets from Vietnam because the case is extraordinarily complicated. Specifically, these new shipper reviews involve complicated affiliation and data issue issues, which require further analysis. Such analysis is necessary in order for the Department to obtain accurate sales and factors of production. Additionally, the Department is extending the deadline for the final results to accommodate parties' request to extend the deadline for the submission of publicly available information to value factors of production, case briefs, and rebuttal briefs. For the reasons noted above, we are extending the time for the completion of the final results of these new shipper reviews by 30 days to May 21, 2008. We are issuing and publishing this notice in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act. Dated: March 4, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-5887 Filed 3-21-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-552-801 Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review and Partial Rescission AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: March 24, 2008. FOR FURTHER INFORMATION CONTACT: Catherine Bertrand, Paul Walker or Alex Villanueva, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-3207,
(202)482-0413, and
(202)482-3208 respectively. SUPPLEMENTARY INFORMATION: CASE HISTORY On September 19, 2007, the Department of Commerce (the “Department”) published in the **Federal Register** the preliminary results of this administrative review of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam (“Vietnam”). *See Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice of Preliminary Results and Partial Rescission of the Third Antidumping Duty Administrative Review* , 72 FR 53527 (September 19, 2007) (“ *Preliminary Results* ”). Since the *Preliminary Results* , the following events have occurred. From September 24-26, 2007, the Department conducted the verification of QVD USA LLC in Bellevue, Washington. From October 1-2, 2007, the Department verified QVD in Ho Chi Minh City, from October 3-4, 2007, the Department verified QVD Dong Thap Food Co., Ltd., from October 5-9, 2007, the Department verified Thuan Hung Co., Ltd., and from October 10-12, 2007, the Department verified QVD Choi Moi Farming Cooperative. On December 28, 2007, the Petitioners, Catfish Farmers of America and individual U.S. catfish processors, and QVD Food Company (“QVD”) submitted case briefs. QVD's case brief included issues for Lian Heng Trading Co., Ltd. (“Lian Heng”) as well. On January 10, 2008, the Petitioners, QVD, Lian Heng, and East Sea Seafoods Joint Venture Co., Ltd. (“ESS”) submitted rebuttal briefs. On January 23, 2008, the Department extended the time limit for completion of the final results of this administrative review by sixty days. *See Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Extension of Time Limit for Final Results of the Third Antidumping Duty Administrative Review* , 73 FR 3945 (January 23, 2008). On March 6, 2008, the Department conducted a public and a closed hearing. Counsel for the Petitioners, QVD, and ESS attended. SCOPE OF THE ORDER The product covered by this order is frozen fish fillets, including regular, shank, and strip fillets and portions thereof, whether or not breaded or marinated, of the species *Pangasius Bocourti, Pangasius Hypophthalmus (also known as Pangasius Pangasius), and Pangasius Micronemus* . Frozen fish fillets are lengthwise cuts of whole fish. The fillet products covered by the scope include boneless fillets with the belly flap intact (“regular” fillets), boneless fillets with the belly flap removed (“shank” fillets), boneless shank fillets cut into strips (“fillet strips/finger”), which include fillets cut into strips, chunks, blocks, skewers, or any other shape. Specifically excluded from the scope are frozen whole fish (whether or not dressed), frozen steaks, and frozen belly-flap nuggets. Frozen whole dressed fish are deheaded, skinned, and eviscerated. Steaks are bone-in, cross-section cuts of dressed fish. Nuggets are the belly-flaps. The subject merchandise will be hereinafter referred to as frozen “basa” and “tra” fillets, which are the Vietnamese common names for these species of fish. These products are classifiable under tariff article codes 1604.19.4000 1 , 1604.19.5000 2 , 0305.59.4000 3 , 0304.29.6033 4 (Frozen Fish Fillets of the species *Pangasius* including basa and tra) of the Harmonized Tariff Schedule of the United States (“HTSUS”). 5 This order covers all frozen fish fillets meeting the above specification, regardless of tariff classification. Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of the order is dispositive. 1 *See Memorandum to the File, from Cindy Robinson, Senior Case Analyst, Office 9, Import Administration, Subject: Frozen Fish Fillets: Third Addition of Harmonized Tariff Number* , (March 1, 2007). This HTS went into effect on March 1, 2007. 2 *See Memorandum to the File, from Cindy Robinson, Senior Case Analyst, Office 9, Import Administration, Subject: Frozen Fish Fillets: Third Addition of Harmonized Tariff Number* , (March 1, 2007). This HTS went into effect on March 1, 2007. 3 *See Memorandum to the File, from Cindy Robinson, Senior Case Analyst, Office 9, Import Administration, Subject: Frozen Fish Fillets: Second Addition of Harmonized Tariff Number* , (February 2, 2007). This HTS went into effect on February 1, 2007. 4 *See Memorandum to the File, from Cindy Robinson, Senior Case Analyst, Office 9, Import Administration, Subject: Frozen Fish Fillets: Addition of Harmonized Tariff Number* , (January 30, 2007). This HTS went into effect on February 1, 2007. 5 Until July 1, 2004, these products were classifiable under tariff article codes 0304.20.60.30 (Frozen Catfish Fillets), 0304.20.60.96 (Frozen Fish Fillets, NESOI), 0304.20.60.43 (Frozen Freshwater Fish Fillets) and 0304.20.60.57 (Frozen Sole Fillets) of the HTSUS. Until February 1, 2007, these products were classifiable under tariff article code 0304.20.60.33 (Frozen Fish Fillets of the species *Pangasius* including basa and tra) of the HTSUS. ANALYSIS OF COMMENTS RECEIVED All issues raised in the case and rebuttal briefs by parties to this proceeding and to which we have responded are listed in the Appendix to this notice and addressed in the Issues and Decision Memorandum (“ *Final Decision Memo* ”), which is hereby adopted by this notice. Parties can find a complete discussion of the issues raised in this administrative review and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit (“CRU”), room 1117 of the main Department building. In addition, a copy of the *Final Decision Memo* can be accessed directly on our website at http://ia.ita.doc.gov/. The paper copy and electronic version of the *Final Decision Memo* are identical in content. VERIFICATION As provided in section 782(i) of the of the Tariff Act, as Amended (“the Act”), we conducted verification of the information submitted by QVD, its affiliated Vietnamese companies, QVD USA LLC, QVD Dong Thap Food Co., Ltd., Thuan Hung Co., Ltd., and QVD Choi Moi Farming Cooperative, for use in our final results. *See* Memorandum to the File, through, Alex Villanueva, Program Manager, AD/CVD Operations, Office 9, from Michael Holton, Senior Case Analyst, AD/CVD Operations, Office 9, Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Verification of QVD Food Company, Ltd., dated December 11, 2007; Memorandum to the File, through, Alex Villanueva, Program Manager, AD/CVD Operations, Office 9, from Michael Holton, Senior Case Analyst, AD/CVD Operations, Office 9, Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Verification of QVD USA LLC, dated December 11, 2007; Memorandum to the File, through, Alex Villanueva, Program Manager, AD/CVD Operations, Office 9, from Michael Holton, Senior Case Analyst, AD/CVD Operations, Office 9, Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Verification of QVD Dong Thap Food Co., Ltd. and Thuan Hung Co., Ltd., dated December 11, 2007; and, Memorandum to the File, through, Alex Villanueva, Program Manager, AD/CVD Operations, Office 9, from Michael Holton, Senior Case Analyst, AD/CVD Operations, Office 9, Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Verification of QVD Choi Moi Farming Cooperative, dated December 13, 2007. For all companies, we used standard verification procedures, including examination of relevant accounting and production records, as well as original source documents provided by the Respondents. CHANGES SINCE THE PRELIMINARY RESULTS Based on a review of the record as well as comments received from parties regarding our *Preliminary Results* , we have made revisions to the margin calculation for QVD and ESS for the final results. For all changes to the calculations of QVD and ESS, see the *Final Decision Memo* and company specific analysis memoranda. ADVERSE FACTS AVAILABLE Section 776(a)(2) of the Act provides that if an interested party:
(A)withholds information that has been requested by the Department;
(B)fails to provide such information in a timely manner or in the form or manner requested, subject to subsections 782(c)(1) and
(e)of the Act;
(C)significantly impedes a determination under the antidumping statute; or
(D)provides such information but the information cannot be verified, the Department shall, subject to subsection 782(d) of the Act, use facts otherwise available in reaching the applicable determination. Furthermore, section 776(b) of the Act provides that, if the Department finds that an interested party “has failed to cooperate by not acting to the best of its ability to comply with a request for information,” the Department may use information that is adverse to the interests of that party as facts otherwise available. Adverse inferences are appropriate “to ensure that the party does not obtain a more favorable result by failing to cooperate than if it had cooperated fully.” *See* Statement of Administrative Action (“SAA”) accompanying the URAA, H.R. Doc. No. 316, 103d Cong., 2d Session at 870 (1994). An adverse inference may include reliance on information derived from the petition, the final determination in the investigation, any previous review, or any other information placed on the record. *See* section 776(b) of the Act. In the *Preliminary Results* , the Department assigned a rate based on the use of total adverse facts available (“AFA”) to the Vietnam-Wide Entity, and Can Tho Agricultural and Animal Products Import Export Company (“CATACO”) because it failed to respond to the Department's two quantity and value questionnaires. We continue to find it is appropriate to apply total AFA to the Vietnam-wide entity and CATACO, as no parties provided comments on these issues. Therefore, we are continuing to apply AFA to the Vietnam-Wide Entity and CATACO. In the Preliminary Results, we determined to apply total AFA to certain sales by Lian Heng. We are continuing to apply AFA to these sales by Lian Heng in these final results. *See* Comment 9D of the *Final Decision Memo* . FINAL PARTIAL RESCISSION In the *Preliminary Results* , the Department preliminarily rescinded this review with respect to the following nine companies: FAQUIMEX; Hung Vuong Co., Ltd.; NAVICO; Phu Thuan Company; DOCIFISH; Thuan Hung; United Seafood Packers Co., Ltd.; Van Duc Foods Export Joint Stock Co.; and Vietnam Fish-One. These companies reported that they had no shipments of subject merchandise to the United States during the POR. As we stated in the *Preliminary Results* , our examination of shipment data from CBP for these nine companies confirmed that there were no entries of subject merchandise from them during the POR. *See Preliminary Results* at 53530. Therefore, we are rescinding this administrative review with respect to the following nine companies: FAQUIMEX; Hung Vuong Co., Ltd.; NAVICO; Phu Thuan Company; DOCIFISH; Thuan Hung; United Seafood Packers Co., Ltd.; Van Duc Foods Export Joint Stock Co.; and Vietnam Fish-One. In the *Preliminary Results* , the Department also preliminarily rescinded the review with respect to QVD Dong Thap Food Co., Ltd. (“QVD Dong Thap”), because QVD reported that QVD Dong Thap did not ship any subject merchandise to the United States during the POR. We are continuing to find that QVD Dong Thap did not export subject merchandise to the United States during the POR, and therefore, we are rescinding this review with respect to QVD Dong Thap. FINAL RESULTS OF REVIEW The weighted-average dumping margins for the POR are as follows: Certain Frozen Fish Fillets from Vietnam Manufacturer/Exporter Weighted-Average Margin (Percent) QVD 0.00 ESS 0.00 Vietnam-Wide Entity 1 63.88 6 The Vietnam-wide Entity includes CATACO. Regarding Lian Heng, entries which are not accompanied by a country of origin certification (“Certification”) stating that the entry is not produced from Vietnamese-origin fish are subject to the Vietnam-wide rate of 63.88 percent. Certain Frozen Fish Fillets from Vietnam Manufacturer/Exporter Weighted-Average Margin (Percent) Lian Heng with Certification 0.00% Lian Heng without Certification 63.88% ASSESSMENT The Department will determine, and the U.S. Customs and Border Protection (“CBP”) shall assess, antidumping duties on all appropriate entries, pursuant to 19 CFR 351.212(b). We have calculated importer-specific duty assessment rates on a per-unit basis. Specifically, we divided the total dumping margins (calculated as the difference between normal value and export price or constructed export price) for each importer by the total quantity of subject merchandise sold to that importer during the POR to calculate a per-unit assessment amount. In this and future reviews, we will direct CBP to assess importer-specific assessment rates based on the resulting per-unit ( i.e. , per-kilogram) rates by the weight in kilograms of each entry of the subject merchandise during the POR. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of this administrative review. CASH DEPOSIT REQUIREMENTS The following cash-deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act:
(1)The cash deposit rate for each of the reviewed companies that received a separate rate in this review will be the rate listed in the final results of review (except that if the rate for a particular company is *de minimis, i.e.* , less than 0.5 percent, no cash deposit will be required for that company);
(2)for previously investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period of review;
(3)if the exporter is not a firm covered in this review, a prior review, or the original LTFV investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and
(4)the cash deposit rate for all other manufacturers or exporters will be the Vietnam-wide rate of 63.88 percent. These deposit requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. REIMBURSEMENT OF DUTIES This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of doubled antidumping duties. ADMINISTRATIVE PROTECTIVE ORDERS This notice also serves as a reminder to parties subject to administrative protective orders (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: March 17, 2008. David M. Spooner, Assistant Secretary for Import Administration. Appendix I Decision Memorandum GENERAL ISSUES: COMMENT 1: SURROGATE FINANCIAL RATIOS A. BINOIC B. GEMINI COMMENT 2: CEP PROFIT METHODOLOGY COMMENT 3: PER-UNIT CASH DEPOSIT AND ASSESSMENT RATE COMMENT 4: WHOLE LIVE FISH SURROGATE VALUES COMPANY-SPECIFIC ISSUES: COMMENT 5: QVD A. QVD'S SALES TO BSF B. COLLAPSING QVD/DONG THAP AND THUAN HUNG C. COLLAPSING QVD/DONG THAP AND CHOI MOI D. INTERNATONAL FREIGHT E. BANDING SURROGATE VALUE F. TAPE SURROGATE VALUE G. LABELS SURROGATE VALUE H. WATER SURROGATE VALUE COMMENT 6: DONG THAP A. LABOR HOURS FOR CERTAIN WORKERS B. BYPRODUCTS C. CARTONS D. BROKEN FILLETS E. PALLETS AND PLASTIC SHEETS COMMENT 7:THUAN HUNG A. LABOR HOURS RECONCILIATION B. ELECTRICITY C. WASTE COMMENT 8: ESS A. BONA FIDE STATUS OF ESS'S SALES B. INDIRECT SELLING EXPENSES C. BYPRODUCTS D. WHOLE LIVE FISH FACTOR OF PRODUCTION E. FISH OIL SURROGATE VALUE COMMENT 9: LIAN HENG A. CERTIFICATIONS B. ASSESSMENT OF DUTIES C. ASSESSMENT FOR CERTAIN INVOICES D. APPLICATION OF AFA E. SELECTED AFA RATE [FR Doc. E8-5889 Filed 3-21-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-588-804 Ball Bearings and Parts Thereof from Japan: Amended Final Results of Antidumping Duty Administrative Review Pursuant to Final Court Decision AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 30, 2002, the Department of Commerce (the Department) published *Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom; Final Results of Antidumping Duty Administrative Reviews* , 67 FR 55780 (August 30, 2002), as amended on October 15, 2002, by *Ball Bearings and Parts Thereof From Japan; Amended Final Results of Antidumping Duty Administrative Review* , 67 FR 63608 (October 15, 2002). The review covered the period May 1, 2000, through April 30, 2001. NTN Corporation (and its affiliates) and other parties appealed the results pertaining to subject merchandise from Japan. Because there is now a final and conclusive decision, the Department is issuing these amended final results of review. We will instruct U.S. Customs and Border Protection
(CBP)to liquidate entries subject to these amended final results of review. EFFECTIVE DATE: March 24, 2008. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION: Catherine Cartsos or Richard Rimlinger, AD/CVD Operations, Office 5, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-1757 or
(202)482-4477, respectively. SUPPLEMENTARY INFORMATION: SUPPLEMENTAL INFORMATION: Background On August 30, 2002, the Department published the final results of administrative reviews of the antidumping duty order on ball bearings and parts thereof from Japan for the period May 1, 2000, through April 30, 2001. *See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom; Final Results of Antidumping Duty Administrative Reviews* , 67 FR 55780 (August 30, 2002) ( *AFBs 12* ). On October 15, 2002, the Department amended the final results. See Ball Bearings and Parts Thereof From Japan; Amended Final Results of Antidumping Duty Administrative Review, 67 FR 63608 (October 15, 2002) ( *Amended AFBs 12* ). NTN Corp., NTN Bearing Corp. of America, American NTN Bearing Manufacturing Corp., NTN Driveshaft, and NTN-BCA Corp. (collectively NTN) filed a lawsuit challenging the final results of *AFBs 12* as amended by Amended *AFBs 12* . On August 20, 2004, the United States Court of International Trade
(CIT)affirmed the Department’s final results in part and remanded the review to the Department in part to correct certain ministerial errors concerning the treatment of NTN’s freight and warehouse expenses. *See NSK Ltd. v. United States* , 346 F. Supp. 2d 1312 (CIT 2004) ( *NSK Ltd* .). Specifically, the CIT directed the Department to exclude NTN’s export-price sales from the calculation of NTN’s U.S. freight and warehouse expenses. 1 In accordance with the CIT’s remand order in *NSK Ltd* ., the Department filed its remand results on October 19, 2004. In those remand results, the Department excluded export-price sales from the calculation of U.S. freight and warehouse expenses and recalculated NTN’s margin accordingly. On January 27, 2005, the CIT sustained the Department’s final results of redetermination. See *NSK Ltd. v. United States* , 358 F. Supp. 2d 1313 (CIT 2005). NTN appealed the portion of the CIT’s decision in which it sustained the Department’s use of facts otherwise available and adverse inferences when determining NTN’s antidumping duty margin. NTN did not appeal the CIT’s decision with respect to the remand determination. On March 7, 2007, the United States Court of Appeals for the Federal Circuit
(CAFC)affirmed the CIT’s decision. See *NSK Ltd. v. United States* , 481 F.3d 1355 (CAFC 2007). On May 3, 2007, the CAFC denied a rehearing request. On July 11, 2007, the Department published amended final results pertaining to NTN for the period May 1, 2000, through April 30, 2001. See *Ball Bearings and Parts Thereof from Japan: Amended Final Results of Antidumping Duty Administrative Review* , 72 FR 37702 (July 11, 2007) ( *Second Amended Final Results* ). Because the Department published the *Second Amended Final Results* mistakenly before a final and conclusive court decision, on July 23, 2007, the Department rescinded the *Second Amended Final Results* . See *Ball Bearings and Parts Thereof from Japan: Rescission of Amended Final Results of Antidumping Duty Administrative Review* , 72 FR 40113 (July 23, 2007). On September 28, 2007, NTN filed a petition for a writ of certiorari with the United States Supreme Court in connection with the final results of the 2000-2001 administrative review of the antidumping duty order on ball bearings and parts thereof from Japan. The two issues NTN raised in its petition for a writ of certiorari were the Department’s treatment of non-dumped sales and the Department’s use of facts otherwise available and adverse inferences when determining NTN’s antidumping duty margin. On January 22, 2008, the United States Supreme Court denied NTN’s petition for a writ of certiorari. Therefore, there is now a final and conclusive court decision in this case. Amendment to Final Results We are now amending the final results of this review to reflect the final and conclusive decision of the CIT. Our revised calculations for NTN changed the weighted-average margin for ball bearings and parts thereof from Japan from 9.34 percent to 9.30 percent for the period May 1, 2000, through April 30, 2001. The Department will instruct CBP to liquidate entries of subject merchandise from Japan from NTN during the review period in accordance with these amended final results of review. We intend to issue the assessment instructions to CBP 15 days after the date of publication of these amended final results of review. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: March 17, 2008. David M. Spooner, Assistant Secretary for Import Administration. 1. NSK Ltd., NSK Corp., NSK Bearings Europe, MPB Corp., 3Asahi Seiko Co., and Isuzu Motors, Ltd., also appealed the Department’s determination but the dumping margins the Department had calculated for the period of review did not change as a result of the litigation. [FR Doc. E8-5886 Filed 3-21-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG56 Endangered and Threatened Species; Take of Anadromous Fish AGENCY: NOAA's National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), U. S. Department of Commerce. ACTION: Notice of receipt of a permit application; request for comments. SUMMARY: Notice is hereby given that NMFS has received an application for a permit to conduct research for scientific purposes from Rosi Dagit, Senior Conservation Biologist for the Resource Conservation District of the Santa Monica Mountains, in southern California. The requested permit would affect the Southern California Coast Distinct Population Segment of endangered steelhead trout ( *Oncorhynchus mykiss* ). The public is hereby notified of the availability of the permit application for review and comment before NMFS either approves or disapproves the application. DATES: Written comments on the permit application must be received at the appropriate address or fax number on or before April 23, 2008. ADDRESSES: Written comments on the permit application should be sent to Matt McGoogan, Protected Resources Division, NMFS, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802. Comments may also be sent using email ( *FRNpermits.lb@noaa.gov* ) or fax (562-980-4027). The permit application is available for review, by appointment only, at the foregoing address. FOR FURTHER INFORMATION CONTACT: Matt McGoogan at phone number (562-980-4026) or e-mail: *matthew.mcgoogan@noaa.gov* . SUPPLEMENTARY INFORMATION: Authority: Issuance of permits, as required by the Endangered Species Act of 1973 (16 U.S.C. 1531B1543) (ESA), is based on a finding that such permits:
(1)are applied for in good faith;
(2)would not operate to the disadvantage of the listed species which are the subject of the permits; and
(3)are consistent with the purposes and policies set forth in section 2 of the ESA. Authority to take listed species is subject to conditions set forth in the permits. Permits are issued in accordance with and are subject to the ESA and NMFS regulations governing listed fish and wildlife permits (50 CFR parts 222-226). Those individuals requesting a hearing on an application listed in this notice should provide the specific reasons why a hearing on that application would be appropriate (see ADDRESSES ). The holding of such a hearing is at the discretion of the Assistant Administrator for Fisheries, NOAA. All statements and opinions contained in the permit action summaries are those of the applicant and do not necessarily reflect the views of NMFS. Permit Application Received Rosi Dagit has applied for a permit to conduct a study with the Southern California Coast Distinct Population Segment of endangered steelhead trout ( *Oncorhynchus mykiss* ) in streams emptying to the Santa Monica Bay of southern California, with specific focus on Topanga, Arroyo Sequit, and Malibu Creeks. The purpose of this study is to use monitoring methods to gather information that will contribute to the understanding of migration patterns and the abundance and distribution of steelhead in Topanga Creek and the Santa Monica Bay streams. Monitoring methods include using mask and snorkel as the methods for estimating abundance and distribution of juvenile and adult steelhead in the streams of Santa Monica Bay including Topanga, Arroyo Sequit, and Malibu Creeks. In addition to snorkel surveys, study activities in Topanga Creek will also include migratory trapping and Passive Integrated Transponder
(PIT)tagging. In addition to migratory trapping, sampling methods to obtain steelhead for PIT tagging may include use of a seine, angling, or electro fishing. Field activities related to this study will occur between June 2008 and May 2010. For this 2 year study, Rosi Dagit has requested an annual non-lethal take of 140 juvenile steelhead (ranging in length up to 250 mm) and 50 adult class steelhead (steelhead >250 mm). Of these adult class steelhead, it is expected that annually not more than 10 of those 50 would be large adults migrating in from the ocean. An annual collection and possession of up to 190 steelhead tissue samples is being requested as well as permission to recover up to five carcasses per year (if found). All samples and carcasses would be sent to NMFS science center for genetic research and processing. The unintentional lethal take that may occur during trapping, sampling, and PIT tagging activities on Topanga Creek is up to six steelhead per year or no more than 3 percent of the total captured. Dated: March 19, 2008. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E8-5901 Filed 3-21-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XB83 Marine Mammals; Pinniped Removal Authority; Partial Approval of Application AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. SUMMARY: NMFS announces partial approval of an application from the States of Oregon, Washington, and Idaho to intentionally take, by lethal methods, individually identifiable California sea lions ( *Zalophus californianus* ) that prey on Pacific salmon and steelhead ( *Onchorhynchus* spp.) listed as threatened or endangered under the Endangered Species Act
(ESA)in the Columbia River in Washington and Oregon. This authorization is pursuant to the Marine Mammal Protection Act (MMPA). NMFS also announces availability of an Environmental Assessment
(EA)under the National Environmental Policy Act
(NEPA)that analyzes impacts on the human environment from NMFS' authorization to the States to lethally remove California sea lions. ADDRESSES: Documents and information on this topic are available at: *http://www.nwr.noaa.gov/Marine-Mammals/Seals-and-Sea-Lions* or by making a request to Garth Griffin, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR 97232. FOR FURTHER INFORMATION CONTACT: Garth Griffin,
(503)231-2005, or Tom Eagle,
(301)713-2322, ext. 105. SUPPLEMENTARY INFORMATION: Background Section 120 of the MMPA (16 U.S.C. 1361 *et seq.* ), as amended in 1994, provides the Secretary of Commerce, acting through the Assistant Administrator for Fisheries, NMFS, the discretion to authorize the intentional lethal taking of individually identifiable pinnipeds that are having a significant negative impact on salmonids that are either:
(1)listed under the ESA,
(2)approaching a threatened or endangered status, or
(3)migrate through the Ballard Locks in Seattle. The authorization applies only to pinnipeds that are not:
(1)listed under the ESA,
(2)designated as depleted, or
(3)designated a strategic stock. The process for determining whether to implement the authority in section 120 commences with a state submitting an application that provides a detailed description of the interaction, the means of identifying the individual pinnipeds, and expected benefits of the taking. Within 15 days of receiving an application, NMFS must determine whether the applicant has produced sufficient evidence to warrant establishing a Pinniped-Fishery Interaction Task Force (Task Force) to address the situation described in the application. If the application provides sufficient evidence, NMFS must publish a notice in the **Federal Register** requesting public comment on the application, and establish a task force consisting of:
(1)NMFS/NOAA staff,
(2)Scientists who are knowledgeable about the pinniped interaction that the application addresses,
(3)Representatives of affected conservation and fishing community organizations,
(4)Treaty Indian tribes,
(5)The states, and
(6)Such other organizations as NMFS deems appropriate. The Task Force must, to the maximum extent practicable, consist of an equitable balance among representatives of resource user interests and nonuser interests. Meetings of the Task Force must be open to the public. Within 60 days after establishment, and after reviewing public comments in response to the **Federal Register** document, the Task Force is to recommend to NMFS approval or denial of the state's application along with recommendations of the proposed location, time, and method of such taking, criteria for evaluating the success of the action, and the duration of the intentional lethal taking authority. The Task Force must also suggest non-lethal alternatives, if available and practicable, including a recommended course of action. Within 30 days after receipt of the Task Force's recommendations, NMFS must either approve or deny the application. If such application is approved, NMFS must immediately take steps to implement the intentional lethal taking. The intentional lethal taking is to be performed by Federal or state agencies, or qualified individuals under contract to such agencies. On December 5, 2006, NMFS received an application from the Idaho Department of Fish and Game, Oregon Department of Fish and Wildlife
(ODFW)and the Washington Department of Fish and Wildlife
(WDFW)(collectively referred to as the States), to authorize the intentional lethal taking of individually identifiable California sea lions that prey on ESA listed salmon and steelhead (salmonids) in the Columbia River below Bonneville Dam (Oregon and Washington Border, river mile 146). NMFS, determined that the States' application provided sufficient evidence to warrant establishing a Task Force. On January 30, 2007 (72 FR 4239), NMFS announced receipt of the States' application and solicited public comments on the application and any additional information that should be considered. On August 9, 2007 (72 FR 44833), NMFS announced establishment of the Task Force and provided information about its first public meeting. Convened in September 2007, the Task Force held three two-day meetings, which were open to the public, and during which it reviewed the States' application, public comments on the application, and other information related to sea lion predation on salmonids at Bonneville Dam. The Task Force completed and submitted its report to NMFS on November 5, 2007. Of the 18 Task Force members, all recommended that non-lethal sea lion deterrence measures continue. Seventeen of the eighteen members supported lethal removal of California sea lions while one member opposed the States' application and any lethal removal. Details of the Task Force recommendations are discussed in detail in the EA and their full report is available on NMFS's web page (see ADDRESSES ). After receiving and reviewing the Task Force recommendations, NMFS developed a proposed action and a range of reasonable alternatives and evaluated the environmental impacts of the proposed action and alternatives in a draft EA under NEPA. The draft EA was made available for public comment for a 30-day public comment period. More than 3,500 comments were received during the comment period, including comments from several Task Force member organizations (e.g., States, Tribes, Humane Society of the United States) and others including the Marine Mammal Commission and the Congressional office of Representative Doc Hastings. Discussion In considering a state's request to lethally remove pinnipeds, NMFS is required, pursuant to section 120(b)(1), to determine that individually identifiable pinnipeds are having a significant negative impact on the decline or recovery of at-risk salmonid fishery stocks. The discussion that follows addresses NMFS' application of this standard to the facts at Bonneville Dam. Significant Negative Impact Section 120 provides for the lethal removal of “individually identifiable pinnipeds which are having a significant negative impact on the decline or recovery” of at-risk salmonids. In its comments on the Task Force report, the Marine Mammal Commission recommended a two-part test in which we would first determine whether pinnipeds collectively are having a significant negative impact on listed salmonids and next determine which pinnipeds are significant contributors to that impact and therefore may be authorized for removal. The application of this two-step test is reasonable in light of the statute's ambiguity and the specific facts and circumstances surrounding the proposal to lethally remove pinnipeds at Bonneville Dam. The subordinate clause “which are having a significant negative impact” modifies the plural noun “pinnipeds,” supporting the proposition that our inquiry is whether pinnipeds (plural) are having the described impact, not whether a specific individual is having the described impact. With that interpretation, once there is a finding that pinnipeds are having a significant negative impact, the task becomes one of identifying which of the individual pinnipeds are contributing to the impact (discussed below). In their application the States contend that pinniped predation at Bonneville Dam is significant for two reasons. First, “it is a new, growing, and unmanageable source of mortality, while other sources of in-river mortality are actively managed and are stable or decreasing (e.g., through harvest reductions, fish passage and habitat improvements, and hatchery reform).” Second, “the hydromodification of the river has altered the natural predator-prey relationship to artificially favor predatory California sea lions.” The States' section 120 application specifies that they do not contend “that California sea lion predation is more significant than other sources of mortality to Columbia River ESA-listed salmonids, but simply that it is significant, and that it must be dealt with as are other sources of mortality.” The Task Force also considered whether pinniped predation at Bonneville Dam was having a significant negative impact. The Task Force was unable to agree on quantitative criteria to assist NMFS in defining “significant negative impact,” but 17 of the 18 members agreed on the following set of factors for NMFS to consider: 1. Whether pinnipeds are present at the same time that ESA listed salmonids are migrating; 2. Whether data indicate that predation has increased beyond historic levels; 3. Whether the problem is likely to persist over time if the impact remains unchecked; and 4. Whether the mortality resulting from pinniped predation is comparable to other forms of in-river mortality that are currently being managed The Task Force outlined additional considerations for taking action: 1. There is a comprehensive salmon recovery framework in place that includes multiple actions, monitoring, and evaluation; 2. California sea lion predation should be addressed and its impacts evaluated in the context of other limiting factors (i.e., not on their own); 3. Non-lethal hazing has been ineffective at reducing predation; 4. The proposed level of lethal removal will have no long term negative impact on California sea lion populations; 5. California sea lion abundance is within the range of OSP and at or near carrying capacity; and 6. The problem is related to/resulting from human caused factors. Applying these factors and considerations, all but one member of the Task Force concluded that California sea lions are having a significant negative impact on the decline or recovery of Columbia Basin threatened and endangered salmonids. The dissenting member maintained that the level of pinniped predation at Bonneville Dam is not significant when considered in the context of other sources of mortality such as hydropower operations and harvest. NMFS agrees with the States and the majority of the Task Force members that collectively California sea lions at Bonneville Dam are having a significant negative impact on ESA listed salmon and steelhead species, based on information in the record and in particular on the following factors: 1. The predation is measurable, growing, and could continue to increase if not addressed; 2. The level of adult salmonid mortality is sufficiently large to have a measurable effect on the numbers of listed adult salmonids contributing to the productivity of the affected ESUs/DPSs; and 3. The mortality rate for listed salmonids is comparable to mortality rates from other sources that have led to corrective action under the ESA. The number of listed and non-listed adult salmonids observed taken by California sea lions in the Bonneville Dam tailrace increased from 2002 to 2007. The percentage of run taken in any given year varied due to run size. California sea lions took approximately 1,000 returning adult salmonids in 2002 (0.4 percent of that year's return) and 3,900 in 2007 (4.2 percent of that year's return). The actual number of salmonids consumed is certainly larger than the numbers actually observed, since not all sea lions are observed nor are all predation events. NMFS calculated the potential consumption of salmonids based on the average number of California sea lions actually observed
(86)and their bioenergetic needs. The calculation shows that 86 California sea lions at the dam can consume up to 17,458 salmonids annually. Of these, up to 6,003 salmonids would be listed spring Chinook and up to 611 would be listed steelhead. Using the observed minimum rate of predation averaged over 2005-2007, and the estimated maximum potential predation rate, yields predation rates ranging from 3.6 percent to 12.6 percent for listed spring Chinook and 3.6 percent to 22.1 percent for listed steelhead. In addition to salmonids actually observed being consumed or estimated as being consumed, observations of adult salmonids in the Bonneville Dam fishways reveal that a large proportion of salmonids are being injured by pinnipeds. The proportion of salmonids with pinniped scarring rose from 11 percent in 1999 to 37 percent in 2005. It is unknown how many of these injuries occurred at Bonneville Dam, or how many salmonids die from their injuries before spawning. These data nevertheless reveal a high rate of interaction between adult salmonids and pinnipeds generally. Available information suggests that pinniped predation could continue to increase at Bonneville Dam if not checked. The numbers of salmonids consumed increased by more than three times from 2002 to 2007, in spite of non-lethal deterrence efforts. While these efforts may have slowed the rate of increase, an increase nevertheless occurred. The experience at Ballard Locks in Washington suggests that where human caused conditions cause adult salmonids to congregate and delay, California sea lions can effectively consume a majority of the salmonids present. While the area at Bonneville is larger than the area at Ballard Locks, the observed increase in predation over recent years suggests that predation can continue to increase in spite of non-lethal deterrence efforts. Both the observed and estimated mortality rates described above represent levels of mortality that can have a significant effect on the survival and recovery of the listed stocks. In preparing its biological opinion on the federal Columbia River power system, NMFS estimated the current survival rates for each of the listed salmonid ESUs/DPSs, and the survival improvements required to achieve a low likelihood of extinction. For Snake River spring/summer Chinook, needed survival improvements for different populations within the ESU range from no improvement to a fivefold improvement. Survival impacts on the order of those observed can measurably affect the survival improvements needed for many of these populations. The estimated mortality rates for listed salmonids from pinnipeds at Bonneville Dam are comparable to mortality rates from other sources that have led to corrective action under the ESA. Because the listed salmonids are subject to mortality from a variety of sources, NMFS has imposed reductions on all sources of mortality under section 7(a)(2) of the ESA, allocating those reductions based on the action's contribution to the historic decline of the species, the current magnitude of the mortality, the impact to other values (particularly the exercise of Indian treaty rights), and the feasibility of achieving the reduction. As an example, although harvest rates on Snake River and upper Columbia River spring Chinook were already restricted prior to ESA listing (from historical highs in excess of 40 percent to an average of 8 percent prior to listing), NMFS nevertheless required a harvest schedule that ensured harvest rates would remain low when the run size was depressed. At the time of listing harvest rates were limited to 4.1 percent for non-treaty fisheries and 7 percent in tribal fisheries. Following listing, through a sequence of ESA section 7 consultations, harvest impacts in non-treaty fisheries were reduced to a range of 1 percent to 3 percent depending on run size. Tribal fisheries continued to be subject to a 7 percent limit largely in an effort to accommodate, to the degree possible, the tribes' treaty right to fish. In 2001, the parties to U.S. v. Oregon developed a more comprehensive abundance based harvest rate schedule that restricted fisheries further when the runs were particularly depressed, and allowed modest increases in harvest when run size was substantially higher. That harvest rate schedule is still in place and allows harvest to vary between 5.5 percent and 17 percent. Since 2001 when this harvest rate schedule was first implemented, the harvest rate has averaged 10.3 percent reflecting the higher abundance observed particularly in the first part of this decade. Abundance has generally been lower since 2005, and accordingly harvest as been reduced to just over 8 percent over the last three years. In contrast to a managed harvest regime, which can reduce mortality in response to decreased run sizes, pinniped predation has the potential to increase even when run sizes are depressed, magnifying the impact. This was the case from 2006 to 2007, when observed pinniped predation increased from 3,023 salmonids to 3,859, even as the run size decreased from 105,063 to 88,474. Another example is the survival improvements sought from the federal Columbia River power system. In its draft biological opinion on operation of the hydropower system, NMFS included as a reasonable and prudent alternative a program to reduce northern pikeminnow predation on Snake River spring/summer Chinook sufficient to increase survival by a relative 1 percentage point and bird predation by 2 percentage points (NMFS 2007). The overall proportional survival improvement of 8 percent that NMFS is seeking from the hydropower system is made up of myriad actions that contribute fractions to the overall percentage. No single one of these mortality reductions will by itself recover listed salmonids. Rather, as with other actions, NMFS' approach is to seek reductions in all sources of mortality, with the goal of reducing overall mortality to the point that the species can survive and recover. In the draft biological opinion on the FCRPS, NMFS concludes that the accumulation of proposed mortality reductions will measurably improve the chances of survival and recovery of all five of the ESUs/DPSs considered here. NMFS has placed a cap on the number of California sea lions that may be lethally removed either 1 percent of PBR or the number required to reduce the observed predation rate to 1 percent of the salmonid run at Bonneville Dam, whichever is lower. This criterion is not equivalent to a finding that a one percent predation rate represents a quantitative level of salmonid predation that is “significant” under section 120, and that less than one percent would no longer be significant. Rather, it is an independent limit on the numbers of sea lions that can be lethally removed to address the predation problem and is intended to balance the policy value of protecting all pinnipeds, as expressed in the MMPA, against the policy value of recovering threatened and endangered species, as expressed in the ESA. Similarly, limiting the numbers of California sea lions that may be removed to 1 percent of PBR, as requested by the States, is intended to emphasize that the removal authority is for a small fraction of animals that can safely be taken from the population. The limited authorization given to the States will not eliminate pinniped predation in the lower Columbia River or at Bonneville Dam, but that is not a requirement of section 120 or of prudent wildlife management. The authorization to the States to remove a limited number of predatory California sea lions under carefully controlled circumstances will create an additional tool in our efforts to control a significant source of mortality for threatened and endangered Columbia River salmonids. Individually Identifiable Pinnipeds Which are Having the Impact NMFS' authorization extends only to predatory animals with physical features distinguishing them from other pinnipeds (natural features, brands, or other applied marks), thus meeting the requirement that they be “individually identifiable.” To be considered predatory, an animal must
(1)have been observed eating salmonids in the observation area below Bonneville Dam between January 1 and May 31 of any year,
(2)have been observed in the observation area below Bonneville Dam on a total of any 5 days (consecutive days, days within a single season, or days over multiple years) between January 1 and May 31 of any year, and
(3)be sighted in the observation area below Bonneville Dam after having been subjected to active non-lethal deterrence. An animal meeting all of these criteria has learned that the area contains a preferred prey item and is successful in pursuing it in that area (criterion 1), is persistent in pursuing that prey item (criteria 2 and 3), and is not likely to be deterred from pursuing that prey item by non-lethal means (criterion 3). Given its success at obtaining prey in the area and its resistance to non-lethal deterrence efforts, such an animal has shown itself to be making a significant contribution to the pinniped predation problem at Bonneville Dam, and is not a naive animal that can be driven away from the area through non-lethal means. A list of animals presently identified as meeting these criteria is attached to the letter of authorization to the States, and the letter describes the process by which additional animals may be included on the list. Consideration of Other Factors In considering whether to approve the States' application, NMFS and the Task Force are to consider several factors, enumerated above under “MMPA Section 120” and discussed individually below. Populations Trends and Feeding Habits of the Pinnipeds; Location, Timing and Manner of the Interaction; and Number of Pinnipeds Involved The United States stock of California sea lions is currently at or near carrying capacity with a population of about 238,000 animals. California sea lions are opportunistic feeders, feeding on a variety of fishes that are locally and seasonally abundant. In the Columbia River, California sea lions follow migrating salmonids as far as Bonneville Dam, where the fish concentrate prior to entering the fish ladders. For the period 2002 to 2007, almost 80 percent of the fish observed being eaten below Bonneville Dam were salmonids. Pinniped predation on salmonids occurs from mid-February through May 31. It is likely that more pinnipeds are present than are observed, since observations are recorded only from observation stations at the dam, observations do not occur at all hours, and only sea lions with distinguishing features are counted. The observation areas are large and poor weather conditions, murky and turbulent water, and heavy debris can make it difficult to identify animals that might only surface for seconds. Because of these limitations, the exact number of California sea lions arriving in the area each season is uncertain. For purposes of calculating the potential benefits to salmonid survival from removing California sea lions, NMFS used a conservative estimate that only 30 sea lions would be removed, given the limitations of the authorization (particularly the location of animals that may be removed) (NMFS 2008). At the same time, to ensure the analysis was adequately protective of the California sea lion population, NMFS evaluated impacts on the population of removing the full number authorized (1 percent of PBR, or 85 sea lions at current population abundance) (NMFS 2008). Past Non-lethal Deterrence Efforts and Whether the Applicant Has Demonstrated That No Feasible and Prudent Alternatives Exist and That past Efforts Have Been Unsuccessful In 2006 and 2007 the Corps, NMFS, and the states of Oregon and Washington attempted to deter pinniped predation at Bonneville Dam using non-lethal methods. These included physical barriers and acoustic devices to keep sea lions out of fishways, and vessel chasing, underwater firecrackers, aerial pyrotechnics, and rubber bullets to chase sea lions away from the tailrace area immediately below the dam. Based on experience with non-lethal deterrence measures in 2006 and 2007, NMFS has concluded that non-lethal methods may have reduced pinniped presence in the fishways but did not reduce pinniped predation on salmonids. This is reflected in the increased numbers of salmonids observed being eating by sea lions below the dam in 2007 compared with 2006, notwithstanding the fact that fewer sea lions were observed. NMFS' conclusion is shared by the states and the Task Force. Non-lethal deterrence measures are currently not a feasible alternative to lethal removal. Although several of those who commented on the EA recommended that additional non-lethal methods be attempted instead of lethal removal, there are no additional known methods beyond those already tried. One manufacturer has proposed an electrified field to deter pinnipeds, but the technology is untested. Extent to Which Such Pinnipeds Are Causing Undue Injury or Impact, or Imbalance With, Other Species in the Ecosystem, Including Fish Populations California sea lions are opportunistic feeders and consume many species other than salmonids. While salmonids are by far their primary prey at Bonneville Dam, California sea lions have also been observed consuming lamprey and shad. From 2002 through 2007, between 2.5 percent and 25.1 percent of all observed California sea lion takes were of lamprey. There is presently not enough evidence to support a conclusion that this level of consumption represents undue injury or impact to lamprey at Bonneville Dam. For Steller sea lions, the primary prey item is sturgeon. The states have not requested authority to lethally remove Steller sea lions, which are listed as threatened under the ESA. Harbor seals are present in small numbers and the states have not requested authority to lethally remove these pinnipeds. Extent to Which the Pinniped Behavior Presents an Ongoing Threat to Public Safety There is no evidence that pinnipeds in the area immediately below Bonneville Dam present a threat to public safety. Terms and Conditions In accordance with section 120 of the MMPA, NMFS has approved the lethal taking of individually identifiable California sea lions preying on at-risk salmonid stocks below Bonneville Dam and sent the States a letter of authorization stipulating the conditions on the authorization for lethal removal. Lethal removal is authorized only if the States are in compliance with the following terms and conditions. 1. The States may lethally remove individually identifiable predatory California sea lions that are having a significant negative impact on ESA-listed salmonids. NMFS considers California sea lions to be individually identifiable predatory California sea lions that are having a significant negative impact on ESA-listed salmonids if they display natural or applied features that allow them to be individually distinguished from other California sea lions and: a. have been observed eating salmonids in the “observation area” below Bonneville Dam between January 1 and May 31 of any year; and b. have been observed in the observation area below Bonneville Dam on a total of any 5 days (consecutives days, days within a single season, or days over multiple years) between January 1 and May 31 of any year; and c. are sighted in the observation area below Bonneville Dam after they have been subjected to active non-lethal deterrence. 2. The California sea lions currently identified as meeting the description in paragraph 1 are included in an appendix to the letter of authorization. In consultation with the states, the NMFS Northwest Regional Administrator may periodically amend the list appended to the Letter of Authorization to accurately report those individuals that meet the description in paragraph 1 and, thus, are authorized for removal. Such amendments shall be in writing. 3. The States may not lethally remove more than 1 percent of the potential biological removal level
(PBR)annually. The current PBR for this population of California sea lions is 8,511. NMFS periodically revises the PBR of California sea lions as new information becomes available. Any revised PBR calculations would be reported in annual marine mammal stock assessment reports. 4. The States shall appoint a standing Animal Care Committee (ACC), to be approved by NMFS, composed of qualified veterinarians and biologists to advise the States on protocols for capturing, holding, and euthanizing predatory sea lions. 5. The States, in consultation with NMFS, will assume the lead role for the capture of predatory sea lions. Individually identifiable predatory sea lions that are captured in a trap must be held in a temporary holding facility approved by the ACC for at least 48 hours prior to being euthanized, pending a determination of the availability of NMFS pre-approved permanent holding facilities. Such sea lions may, in coordination with NMFS, be transferred to a NMFS pre-approved holding facility (research, zoo, aquarium) to be maintained in permanent captivity. If no pre-approved research, zoo, or aquarium facility is willing to accept an animal within 48 hours of its capture, the States may euthanize it. The method of euthanizing captured predatory sea lions must be approved by the ACC. 6. Free-ranging individually identifiable predatory sea lions may be shot by a qualified marksman when hauled out on the concrete apron along the North side of Cascade Island, on the flow deflectors along the base of the dam's spillway, or in the water within 50 feet of the concrete apron or the face of the dam at power houses one and two. In all cases the marksman must shoot from land, the dam, or other shoreline structures. Potential options for lethal removal using firearms are:
(1)the marksman may shoot sea lions at close range (less than 25 yards) using a shotgun loaded with a slug or 00 buckshot, when the animal is on shore; or
(2)the marksman may shoot sea lions from the powerhouse deck or other shoreline area at ranges greater than 25 yards using a hunting rifle with a minimum caliber of .240, when the animal is on shore or in the water as described above. Ammunition shall not contain lead. 7. The States shall make all reasonable efforts to retrieve carcasses of animals that have been shot. The States shall monitor nearby downstream areas for stranded animals that have been shot but not retrieved immediately. 8. Safety and security during lethal removal activities shall be provided by the States of Oregon and Washington in coordination with the Columbia Basin Law Enforcement Council. The States shall establish an Incident Command Center
(ICC)during lethal removal activities. The ICC shall direct safety and security and provide a media interface. The ICC shall coordinate security and safety activities with the Corps of Engineers, the Coast Guard, and other agencies as necessary. 9. The States shall notify the Corps of Engineers , Portland District, and the Project Manager at Bonneville Locks and Dam, prior to lethal removal operations. The ICC shall consult with the Corps regarding road closures or changes to visitation on Corps of Engineers property/dam facilities. 10. The States shall ensure that the transfer or disposal of any carcasses is in accordance with applicable law. At NMFS' request and to the extent practicable the States shall make the carcasses, or tissues from them, of sea lions killed pursuant to this authorization available for use in scientific research or for educational purposes. 11. The States shall report any permanent removals of predatory sea lions (either transferred to permanent captivity or lethally) to the Regional Adminstrator, NMFS Northwest Region, within 3 days following removal. 12. The States shall develop and implement a monitoring plan to evaluate
(1)the impacts of predation,
(2)the effectiveness of non-lethal deterrence, and
(3)the effectiveness of permanent removal of individually identifiable predatory sea lions as a method to reduce adult salmonid mortality. To the extent practicable the States shall use data collected by the Corps or other agencies to help fulfill the monitoring requirement, avoid duplication of effort, and ensure data consistency across programs. 13. The States shall submit monitoring reports to the Regional Administrator, NMFS Northwest Region, annually, on or before November 1. The reports shall include a summary of actions taken to reduce predation (non-lethal and lethal), the States' compliance with the terms and conditions of this authorization, and plans for future actions in compliance with this authorization. 14. The States shall periodically review observation data collected by the Corps Fisheries Field Unit to determine if additional individually identifiable California sea lions qualify as predatory (as defined in paragraph 1) and notify the NMFS Northwest Regional Administrator if any additional sea lions are identified. NMFS may amend the Appendix, as described in paragraph 2. 15. After the third year of sea lion removals (in June of 2010), the States and NMFS shall review whether the average observed salmonid predation rate has fallen below 1 percent of the observed fish passage at the dam. If the Regional Administrator, NMFS Northwest Region determines that such predation rate has fallen below 1 percent, no lethal removal is authorized for the following year. 16. This authorization may be modified or revoked by NMFS at any time with 72 hours notice. 17. This authorization is valid until June 30, 2012, at which time it may be extended for an additional period of five years. Pursuant to MMPA section 120(c)(5), and after receipt of reports from the States covering the first three years of authorized activity, NMFS will reconvene the Task Force to evaluate the States' reports and the effectiveness of the actions and any lethal take. NMFS will consider the reports, the Task Force recommendations, and the issues set out in section 120(c) of the MMPA, and may modify the authorization and conditions for the coming year(s), or revoke the authorization for lethal take. NMFS requests that the States continue to cooperate in the pursuit of alternative technologies or methods to reduce California sea lion predation on salmonids in order to reduce the number of permanent removals of sea lions to the extent practicable. Additionally, if resources are available, the States are encouraged to monitor pinniped impacts on salmonids elsewhere in the lower Columbia River. National Environmental Policy Act
(NEPA)NEPA requires that Federal agencies conduct an environmental analysis of their actions to determine if the actions may affect the environment. Depending on the action and whether the impacts to the environment would be significant, Federal agencies may prepare and EA or environmental impact statement. When NMFS announced its intention to convene a Task Force, it advised the public that it would conduct the necessary analysis under NEPA. Prior to convening the first Task Force meeting, NMFS conducted internal scoping under NEPA. Based on information in the States' application and public comments received on that application, NMFS concluded the appropriate level of analysis was an EA. After receiving and reviewing the Task Force recommendations, NMFS developed a proposed action, a range of reasonable alternatives and evaluated the environmental impacts of the proposed action in a draft EA. The proposed action, which NMFS has determined is the agency's preferred alternative is the partial approval of the States' section 120 application for lethal removal of California sea lions at Bonneville Dam, under certain conditions. The draft EA was made available for public comment for 30 days. More than 3,500 comments were received during the public comment period, including comments from several Task Force member organizations (e.g., States, Tribes, Humane Society of the United States) and others including the Marine Mammal Commission, and Congressional office of Representative Doc Hastings. After reviewing public comments on the draft EA, NMFS has completed its evaluation of the environmental consequences of the proposed action and concluded that it will not result in any significant impacts on the human environment and, therefore, has made a finding of no significant Impact (FONSI). The draft EA, EA and FONSI were prepared in accordance with NEPA and implementing regulations at 40 CFR parts 1500 through 1508 and NOAA Administrative Order 216-6. Magnuson-Stevens Fishery Conservation and Management Act Pursuant to section 305(b) of the Magnuson-Stevens Act, NMFS conducted an essential fish habitat consultation on its decision to partially approve the States' application. NMFS determined that lethal removal activities would not result in adverse effects to freshwater EFH for Chinook and coho salmon. Dated: March 17, 2008. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E8-5902 Filed 3-21-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG21 Gulf of Mexico Fishery Management Council; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of cancelation of public meetings. SUMMARY: The Gulf of Mexico Fishery Management Council has canceled its Shrimp Advisory Panel
(AP)meeting via conference call. DATES: The Shrimp AP conference call will not be held March 31, 2008 at 10 a.m. e.s.t. ADDRESSES: *Meeting address* : The meeting was to be held via conference call and listening stations are no longer available. For specific locations see SUPPLEMENTARY INFORMATION . *Council address* : Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, Florida, 33607. FOR FURTHER INFORMATION CONTACT: Rick Leard, Deputy Director, Gulf of Mexico Fishery Management Council; telephone: 813-348-1630. SUPPLEMENTARY INFORMATION: The Gulf Council has canceled the conference call meeting of the Shrimp AP. The meeting published at 73 FR 13211, March 12, 2008, and it will not be rescheduled. Dated: March 19, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-5864 Filed 3-21-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XG55 Fisheries of the South Atlantic and Gulf of Mexico; South Atlantic Fishery Management Council (SAFMC); Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The South Atlantic Fishery Management Council (Council) will hold a meeting of its Scientific and Statistical Committee
(SSC)to orient new members and introduce them to the Council system. The meeting will be held in Charleston, SC. DATES: The SSC meeting will be held April 29-30, 2008. See SUPPLEMENTARY INFORMATION . ADDRESSES: The SSC meeting will be held at 4055 Faber Place Drive, North Charleston, SC 29405; telephone:
(843)571-4366. FOR FURTHER INFORMATION CONTACT: Kim Iverson, Public Information Officer, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; telephone:
(843)571-4366; email: *Kim.Iverson@safmc.net* . SUPPLEMENTARY INFORMATION: Under the Magnuson-Stevens Act, the SSC is the body responsible for reviewing the Council's scientific materials. The South Atlantic Fishery Management Council will hold a meeting of its SSC to provide orientation for new members appointed in March 2008. Members will be briefed on SAFMC operating procedures and administrative issues, and discuss the tasks and responsibilities of SSC membership. SSC Meeting Schedule: April 29, 2008, 1 p.m.-5 p.m., April 30, 2008, 9 a.m.-1 p.m. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the Council office (see ADDRESSES ) at least 5 business days prior to the meeting. Dated: March 18, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-5801 Filed 3-20-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal Nos. 08-44] 36(b)(l) Arms Sales Notification AGENCY: Department of Defense, Defense Security Cooperation Agency. ACTION: Notice. SUMMARY: The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996. FOR FURTHER INFORMATION CONTACT: Ms. B. English, DSCA/DBO/CFM,
(703)601-3740. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittals 08-44 with attached transmittal, policy justification, and Sensitivity of Technology. Dated: March 17, 2008. L.M. Bynum Alternate OSD Federal Register Liaison Officer Department of Defense. BILLING CODE 5001-06-P EN24MR08.007 EN24MR08.008 EN24MR08.009 EN24MR08.010 EN24MR08.011 EN24MR08.012 [FR Doc. E8-5744 Filed 3-21-08; 8:45 am] BILLING CODE 5001-06-C DEPARTMENT OF DEFENSE Office of the Secretary Missile Defense Advisory Committee AGENCY: Department of Defense; Missile Defense Agency (MDA). ACTION: Notice of Closed Meeting. SUMMARY: Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended) and the Sunshine in Government Act of 1976 (5 U.S.C. 552b, as amended) and 41 CFR 102-3.150, the Department of Defense announces that the following Federal advisory committee meeting will take place. *Name of Committee:* Missile Defense Advisory Committee. *Dates of Meeting:* Wednesday, April 2 and Thursday, April 3, 2008. *Time:* 8 a.m. to 5 p.m. Security clearance and visit requests are required for access. *Location:* 7100 Defense Pentagon, Washington, DC 20301-7100. *Purpose of the Meeting:* At this meeting, the committee will receive classified briefings by Missile Defense Agency senior staff, Program Managers, senior Department of Defense leaders, representatives from industry and the Services on the appropriate role for the Missile Defense Agency in Cruise Missile Defense. *Agenda:* Topics tentatively scheduled for discussion include, but are not limited to administrative work; Service (Air Force and Navy) Cruise Missile Defense Capabilities and Perspectives; the Asymmetric Threat Study; and development of draft outbrief to the Director, Missile Defense Agency. *Meeting Accessibility:* Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102-3.155 the Missile Defense Agency has determined that the meeting shall be closed to the public. The Director, Missile Defense Agency, in consultation with the Missile Defense Agency Office of General Counsel, has determined in writing that the public interest requires that all sessions of the committee's meeting will be closed to the public because they will be concerned with classified information and matters covered by section 5 U.S.C. 552b(c)(1). *Committee's Designated Federal Officer:* Mr. Al Bready, *mdac@mda.mil,* phone/voice mail 703-695-6438, or mail at 7100 Defense Pentagon, Washington, DC 20301-7100. SUPPLEMENTARY INFORMATION: Pursuant to 41 CFR 102-3.105(j) and 102-3.140, and section 10(a)(3) of the Federal Advisory Committee Act of 1972, the public or interested organizations may submit written statements to the membership of the Missile Defense Advisory Committee about its mission and functions. Written statements may be submitted at any time or in response to the stated agenda of a planned meeting of the Missile Defense Advisory Committee. All written statements shall be submitted to the Designated Federal Officer for the Missile Defense Advisory Committee, in the following formats: one hard copy with original signature and one electronic copy via e-mail (acceptable file formats: Adobe Acrobat PDF, MS Word or MS PowerPoint), and this individual will ensure that the written statements are provided to the membership for their consideration. Contact information for the Designated Federal Officer is as stated above and can also be obtained from the GSA's Federal Advisory Committee Act Database— *https://www.fido.gov/facadatabase/public.asp.* Statements being submitted in response to the agenda mentioned in this notice must be received by the Designated Federal Officer at the address listed at least five calendar days prior to the meeting which is the subject of this notice. Written statements received after this date may not be provided to or considered by the Missile Defense Advisory Committee until its next meeting. The Designated Federal Officer will review all timely submissions with the Missile Defense Advisory Committee Chairperson and ensure they are provided to all members of the Missile Defense Advisory Committee before the meeting that is the subject of this notice. FOR FURTHER INFORMATION CONTACT: Mr. Al Bready, Designated Federal Officer at *mdac@mda.mil,* phone/voice mail 703-695-6438, or mail at 7100 Defense Pentagon, Washington, DC 20301-7100. Dated: March 18, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E8-5869 Filed 3-21-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary Missile Defense Advisory Committee AGENCY: Department of Defense; Missile Defense Agency (MDA). ACTION: Notice of closed meeting. SUMMARY: Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended) and the Sunshine in Government Act of 1976 (5 U.S.C. 552b, as amended) and 41 CFR 102-3.150, the Department of Defense announces that the following Federal advisory committee meeting will take place. *Name of Committee:* Missile Defense Advisory Committee. *Dates of Meeting:* Tuesday, May 13 and Wednesday, May 14, 2008. *Time:* 8 a.m. to 5 p.m. Security clearance and visit requests are required for access. *Location:* 7100 Defense Pentagon, Washington, DC 20301-7100. *Purpose of the Meeting:* At this meeting, the Committee will receive classified briefings by Missile Defense Agency senior staff, Program Managers, senior Department of Defense leaders, representatives from industry and the Services on the appropriate role for the Missile Defense Agency in Cruise Missile Defense. *Agenda:* Topics tentatively scheduled for discussion include, but are not limited to administrative work; Integrated Air and Missile Defense Evaluation of Alternatives; Single Integrated Air Picture Follow-up; and development of final outbrief to the Director, Missile Defense Agency. *Meeting Accessibility:* Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102-3.155 the Missile Defense Agency has determined that the meeting shall be closed to the public. The Director, Missile Defense Agency, in consultation with the Missile Defense Agency Office of General Counsel, has determined in writing that the public interest requires that all sessions of the committee's meeting will be closed to the public because they will be concerned with classified information and matters covered by section 5 U.S.C. 552b(c)(1). *Committee's Designated Federal Officer:* Mr. Al Bready, *mdac@mda.mil,* phone/voice mail 703-695-6438, or mail at 7100 Defense Pentagon, Washington, DC 20301-7100. SUPPLEMENTARY INFORMATION: Pursuant to 41 CFR 102-3.105(j) and 102-3.140, and section 10(a)(3) of the Federal Advisory Committee Act of 1972, the public or interested organizations may submit written statements to the membership of the Missile Defense Advisory Committee about its mission and functions. Written statements may be submitted at any time or in response to the stated agenda of a planned meeting of the Missile Defense Advisory Committee. All written statements shall be submitted to the Designated Federal Officer for the Missile Defense Advisory Committee, in the following formats: One hard copy with original signature and one electronic copy via e-mail (acceptable file formats: Adobe Acrobat PDF, MS Word or MS PowerPoint), and this individual will ensure that the written statements are provided to the membership for their consideration. Contact information for the Designated Federal Officer is as stated above and can also be obtained from the GSA's Federal Advisory Committee Act Database— *https://www.fido.gov/facadatabase/public.asp.* Statements being submitted in response to the agenda mentioned in this notice must be received by the Designated Federal Officer at the address listed at least five calendar days prior to the meeting which is the subject of this notice. Written statements received after this date may not be provided to or considered by the Missile Defense Advisory Committee until its next meeting. The Designated Federal Officer will review all timely submissions with the Missile Defense Advisory Committee Chairperson and ensure they are provided to all members of the Missile Defense Advisory Committee before the meeting that is the subject of this notice. FOR FURTHER INFORMATION CONTACT: Mr. Al Bready, Designated Federal Officer at *mdac@mda.mil,* phone/voice mail 703-695-6438, or mail at 7100 Defense Pentagon, Washington, DC 20301-7100. Dated: March 18, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E8-5870 Filed 3-21-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary [DOD-2008-OS-0030] Privacy Act of 1974; Systems of Records AGENCY: DoD; Defense Intelligence Agency. ACTION: Notice to Amend a System of Records. SUMMARY: The Defense Intelligence Agency is amending a system of records notice to its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on April 23, 2008 unless comments are received that would result in a contrary determination. ADDRESSES: Freedom of Information Office, Defense Intelligence Agency (DAN-1A), 200 MacDill Blvd., Washington, DC 20340-5100. FOR FURTHER INFORMATION CONTACT: Ms. Theresa Lowery at
(202)231-1193. SUPPLEMENTARY INFORMATION: The Defense Intelligence Agency notices for systems of records subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendment is not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: March 19, 2008. L.M. Bynum, Alternate Federal Register Liaison Officer, Department of Defense. LDIA 05-0003 System name: Joint Intelligence Virtual University (JIVU II) (November 25, 2005, 70 FR 71098). Changes: System locations: Delete entry and replace with “Regional Support: Command
(RSC)Northeast Continental United States (CONUS). Secondary location: Defense Intelligence Agency, Washington, DC 20340”. Retention and disposal: Delete entry and replace with “Temporary-destroy when 5 years old or when superseded or obsolete, whichever is sooner”. LDIA 05-0003 System name: Joint Intelligence Virtual University (JIVU II) System locations: Regional Support: Command
(RSC)Northeast Continental United States (CONUS). Secondary location: Defense Intelligence Agency, Washington, DC 20340. Categories of individuals covered by the system: All individuals with access to the Joint Worldwide Intelligence Communication System (JWICS) and the Secret Internet Protocol Router Network (SIPRNET) networks. Categories of records in the system: The system consists of education, training, and Career Development material and employee information such as name, email address, organization, Social Security Number, position number, position job code and other optional data to include title, address, city, state, zip code, country, phone number, and brief biography. Authority for maintenance of the system: The National Security Act of 1947, as amended, (50 U.S.C. 401 et seq.); 10 U.S.C. 113; 10 U.S.C. 125; and E. O. 9397 (SSN). Purpose(s): The purpose of the system is to establish a system of records for the JIVU, an Intelligence Community training system which permits users on the Joint Worldwide Intelligence Communication System (JWICS) and the Secret Internet Protocol Router Network (SIPRNET) system, to take training courses for career advancement and job performance and to link such training to the user's personal Human Resource records. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The `Blanket Routine Uses' set forth at the beginning of the Defense Intelligence Agency's compilation of systems records notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Electronic storage media. Retrievability: Data will be retrievable by name or user login identifier. Safeguards: The servers hosting the JIVU application and the servers hosting the Oracle database are located in a secure area under employee supervision 24/7. Records are maintained and accessed by authorized personnel via the JWICS and SIPRNET internal, classified networks. Retention and disposal: Temporary-destroy when 5 years old or when superseded or obsolete, whichever is sooner. System manager(s) and address: Directorate of Personnel (DP), Defense Intelligence Agency, Washington DC 20340-3191. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system of records should address written inquiries to the Freedom of Information Act Office, Defense Intelligence Agency (DAN-1A), 200 MacDill Blvd., Washington DC 20340-5100. Individuals should provide their full name, current address, telephone number and Social Security Number (SSN). Record access procedures: Individuals seeking access to information about themselves contained in this system of records should address written inquiries to the Freedom of Information Act Office, Defense Intelligence Agency (DAN-1A), 200 MacDill Blvd., Washington DC 2030-5100. Individuals should provide their full name, current address, telephone number and Social Security Number (SSN). Contesting record procedures: DIA's rules for accessing records, for contesting contents and appealing initial Agency determinations are published in DIA Regulation 12-12 “Defense Intelligence Agency Privacy Program”; 32 CFR part 319—Defense Intelligence Agency Privacy Program; or may be obtained from the system manager. Record Source Categories: Agency officials, employees, educational institutions, parent Services of individuals and immediate supervisor on station, and other Government officials. Exemptions claimed for the system: None. [FR Doc. E8-5871 Filed 3-21-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to delete two Systems of Records. SUMMARY: The Department of the Navy is deleting two systems of records in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on April 23, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at
(202)685-6545. SUPPLEMENTARY INFORMATION: The Department of the Navy systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The Department of Navy proposes to delete two systems of records notices from its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The proposed deletion is not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of new or altered systems reports. Dated: March 19, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. N05330-2 System Name: Naval Aviation Workload Control System (February 22, 1993, 58 FR 10753). Reason: This system was replaced. The module for tracking time and attendance data now falls under NM07421-1, Time and Attendance Feeder Records (August 15, 2007, 72 FR 45798). N05520-2 System Name: Listing of Personnel/Sensitive Compartmented Information (February 22, 1993, 58 FR 10761). Reason: This information now comes under N05520-5, Personnel Security Management Records System (May 9, 2003, 68 FR 24974). [FR Doc. E8-5877 Filed 3-21-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF ENERGY Energy Information Administration Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Office of Electricity Delivery and Energy Reliability (OE), Department of Energy (DOE). ACTION: Agency Information Collection Activities: Proposed Collection; Comment Request. SUMMARY: The Office of Electricity Delivery and Energy Reliability is soliciting comments on the proposed revisions and three-year extension to the OE-417, “Electric Emergency Incident and Disturbance Report.” DATES: Comments must be filed by May 23, 2008. If you anticipate difficulty in submitting comments within that period, contact the person listed below as soon as possible. ADDRESSES: Send comments to Alice Lippert. To ensure receipt of the comments by the due date, submission by Fax 202-586-2623 or e-mail: *Alice.Lippert@hq.doe.gov* is recommended. The mailing address is (name of component), (routing symbol), Forrestal Building, U.S. Department of Energy, Washington, DC 20585. Alternatively, Alice Lippert may be contacted by telephone at 202-586-9600. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of any forms and instructions should be directed to Alice Lippert at the address listed above. SUPPLEMENTARY INFORMATION: I. Background II. Current Actions III. Request for Comments I. Background The Federal Energy Administration Act of 1974 (Pub. L. No. 93-275, 15 U.S.C. 761 *et seq.* ) and the DOE Organization Act (Pub. L. No. 95-91, 42 U.S.C. 7101 *et seq.* ) require the DOE to carry out a centralized, comprehensive, and unified energy information program. This program collects, evaluates, assembles, analyzes, and disseminates information on energy resource reserves, production, demand, technology, and related economic and statistical information. This information is used to assess the adequacy of energy resources to meet near and longer term domestic demands. The EIA, as part of its effort to comply with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35), provides the general public and other Federal agencies with opportunities to comment on collections of energy information conducted by or in conjunction with the EIA. Any comments received help the DOE to prepare data requests that maximize the utility of the information collected, and to assess the impact of collection requirements on the public. Also, the DOE will later seek approval of this collection of information by the Office of Management and Budget
(OMB)under section 3507(a) of the Paperwork Reduction Act of 1995. The DOE collects information on the generation, distribution, and transmission of electric energy. The DOE collects information on emergency situations in electric energy supply systems so that appropriate Federal emergency response measures can be implemented in a timely and effective manner. The purpose of this notice is to seek public comment on the revised Form OE-417, “Emergency Incident and Disturbance Report,” used to report electric emergency incidents and disturbances to the DOE. The Form OE-417 reports will enable the Department to monitor electric emergency incidents and disturbances in the United States (including all 50 States, the District of Columbia, Puerto Rico, U.S. Virgin Islands, and the U.S. Trust Territories) so that the Government may help prevent the physical or virtual disruption of the operation of any critical infrastructure. Currently, DOE's Office of Electricity Delivery and Energy Reliability
(OE)uses Form OE-417 to monitor major system incidents on electric power systems and to conduct after-action investigations on significant interruptions of electric power. The information is used to meet DOE national security responsibilities and requirements as set forth in the U.S. Department of Homeland Security's National Response Framework. The information may also be used in developing legislative recommendations/reports to Congress and coordinating Federal efforts regarding activities such as incidents/disturbances in critical infrastructure protection, continuity of electric industry operations, and continuity of operations. The information submitted may also be used by the Energy Information Administration to analyze significant interruptions of electric power. II. Current Actions The OE is considering adding an additional criterion under the “Criteria for Filing” which would require facilities to report and contingencies involving extreme events which put stress on part(s) of an electric grid. These events may or may not cause service interruptions to customers. The information requested in Schedule 2 will be revised to allow respondents to have one area of the OE-417 form in which all the information is treated as protected. Previously, contact information included in Schedule 1 will be moved into Schedule 2 with no additional changes. In the Narrative of Schedule 2, a box has been added which allows respondents to put in the date of the “Estimated Restoration Date for all Affected Customers Who Can Receive Power.” This will allow the DOE to know when all customers affected by the incident will have their power restored. In Schedule 1, line 12 asked for the “Estimated Date/Time of Restoration.” That line has been taken off of the form, but an inquiry about the estimated restoration time has been added into Schedule 2 to be considered protected information. Line 9 of Schedule 1 which asked for a “Teleconference Number” has been deleted from the form. This line will not appear in the contact information lines which were moved to Schedule 2, discussed above. The data will continue to be filed with the DOE's Emergency Operations Center. This DOE facility operates 24 hours daily, 7 days a week. Electronic submission is the preferred method of notification. Fax and telephone contact are also accepted. However, optional filing modes are being considered. The DOE is investigating an online submission process whereby the OE-417 form could be filled via a secure internet data collection system. This system would allow companies to submit forms directly to the DOE without having to e-mail or fax completed forms into the DOE Emergency Operations Center. III. Request for Comments Prospective respondents and other interested parties should comment on the actions discussed in item II. The following guidelines are provided to assist in the preparation of comments. General Issues A. Is the proposed collection of information necessary for the proper performance of the functions of the agency and does the information have practical utility? Practical utility is defined as the actual usefulness of information to or for an agency, taking into account its accuracy, adequacy, reliability, timeliness, and the agency's ability to process the information it collects. B. What enhancements can be made to the quality, utility, and clarity of the information to be collected? As a Potential Respondent to the Request for Information A. What actions could be taken to help ensure and maximize the quality, objectivity, utility, and integrity of the information to be collected? B. Are the instructions and definitions clear and sufficient? If not, which instructions need clarification? C. Can the information be submitted by the due date? D. Public reporting burden for this collection is estimated to average 10 minutes for the Emergency Incident Report (Schedule 1, Part A) that is to be filed within 1 hour; the overall public reporting burden for the form is estimated at 2 hours to cover any detailed reporting in the Normal/Update Report (Schedule 1, Part B and Schedule 2) which is filed later (up to 48 hours), if required. The estimated burden includes the total time necessary to provide the requested information. In your opinion, how accurate is this estimate? E. The agency estimates that the only cost to a respondent is for the time it will take to complete the collection. Will a respondent incur any start-up costs for reporting, or any recurring annual costs for operation, maintenance, and purchase of services associated with the information collection? F. What additional actions could be taken to minimize the burden of this collection of information? Such actions may involve the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. G. Does any other Federal, State, or local agency collect similar information? If so, specify the agency, the data element(s), and the methods of collection. As a Potential User of the Information To Be Collected A. What actions could be taken to help ensure and maximize the quality, objectivity, utility, and integrity of the information disseminated? B. Is the information useful at the levels of detail to be collected? C. For what purpose(s) would the information be used? Be specific. D. Are there alternate sources for the information and are they useful? If so, what are their weaknesses and/or strengths? Please refer to the proposed forms and instructions for more information about the purpose, who must report, when to report, where to submit, the elements to be reported, detailed instructions, provisions for confidentiality, and uses (including possible nonstatistical uses) of the information. For instructions on obtaining materials, see the FOR FURTHER INFORMATION CONTACT section. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of the form. They also will become a matter of public record. Statutory Authority: Section 3507(h)(1) of the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35), Federal Energy Administration Act of 1974 (Pub. L. 93-275, 15 U.S.C. 761 *et seq.* ), and the DOE Organization Act (Pub. L. 95-91, 42 U.S.C. 7101 *et seq.* ). Issued in Washington, DC, March 19, 2008. Jay H. Casselberry, Agency Clearance Officer, Energy Information Administration. [FR Doc. E8-5865 Filed 3-21-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Energy Information Administration Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Energy Information Administration (EIA), Department of Energy (DOE). ACTION: Agency Information Collection Activities: Proposed Collection; Comment Request. SUMMARY: The EIA is soliciting comments on the proposed three-year extension to the EIA-882T, “Generic Clearance for Questionnaire Testing, Evaluation, and Research.” DATES: Comments must be filed by May 23, 2008. If you anticipate difficulty in submitting comments within that period, contact the person listed below as soon as possible. ADDRESSES: Send comments to Grace Sutherland. To ensure receipt of the comments by the due date, submission by FAX (202-287-1705) or e-mail ( *grace.sutherland@eia.doe.gov* ) is recommended. The mailing address is Statistics and Methods Group, EI-70, Forrestal Building, U.S. Department of Energy, Washington, DC 20585. Alternatively, Grace Sutherland may be contacted by telephone at 202-586-6264. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of any forms and instructions should be directed to Grace Sutherland at the address listed above. SUPPLEMENTARY INFORMATION: I. Background II. Current Actions III. Request for Comments I. Background The Federal Energy Administration Act of 1974 (Pub. L. No. 93-275, 15 U.S.C. 761 et seq.) and the DOE Organization Act (Pub. L. No. 95-91, 42 U.S.C. 7101 et seq.) require the EIA to carry out a centralized, comprehensive, and unified energy information program. This program collects, evaluates, assembles, analyzes, and disseminates information on energy resource reserves, production, demand, technology, and related economic and statistical information. This information is used to assess the adequacy of energy resources to meet near and longer term domestic demands. The EIA, as part of its effort to comply with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35), provides the general public and other Federal agencies with opportunities to comment on collections of energy information conducted by or in conjunction with the EIA. Any comments received help the EIA to prepare data requests that maximize the utility of the information collected, and to assess the impact of collection requirements on the public. Also, the EIA will later seek approval of this collection of information by the Office of Management and Budget
(OMB)under Section 3507(a) of the Paperwork Reduction Act of 1995. Form EIA-882T is a generic clearance, which is a plan for conducting one or more customer surveys. A generic clearance is considered by DOE only when DOE is able to demonstrate that there is a need for multiple, similar collections, but that the specifics of each collection cannot be determined until shortly before the data are to be collected. Form EIA-882T is used to conduct various projects, including pretest/pilot surveys (in-person interviews, telephone interviews, mail questionnaires, and electronic reporting options), focus groups, and cognitive interviews. The information collections that would be conducted as part of this approval will facilitate EIA's use of techniques to improve our current information collections and to develop new collections. Other goals are to reduce respondent burden and improve the quality of the information collected. The number and type of respondents varies depending upon the activities being conducted. Form EIA-882T was last extended for three years on August 17, 2005, and expires August 31, 2008. The information collections will include: 1. *Pretests* . Pretest methods will include face-to-face interviews, telephone interviews, mail questionnaires, and electronic questionnaires. Pretests conducted will generally be methodological studies of limited size, normally involving either purposive or statistically representative samples. They will include a variety of surveys, the exact nature and sample designs will be determined at the time of development of the pretests. The samples will be designed to clarify particular issues rather than to be representative of the universe of interest. Collection may be on the basis of convenience, e.g., limited to specific geographic locations. The needs of a particular sample will vary based on the content of the information collection being tested, but the selection of sample cases will be made using sound statistical procedures. 2. *Pilot surveys* . Pilot surveys will generally be methodological studies of limited size, but will always employ statistically representative samples. The pilot surveys will replicate components of the methodological design, sampling procedures (where possible), and questionnaires of a full-scale survey. Pilot surveys may be utilized when EIA is undertaking a complete revamping of a survey methodology (e.g., moving to computer-assisted information collections) or when EIA is undertaking a new information collection. 3. *Focus groups* . Focus groups involve group sessions guided by a monitor who follows a topical outline containing questions or topics focused on a particular issue, rather than adhering to a standardized questionnaire. Focus groups are useful for surfacing and exploring issues. Focus groups are typically used with specific groups of stakeholders. 4. *Cognitive interviews.* Cognitive interviews are one-on-one interviews in which a respondent is typically asked to “think aloud” as he or she answers survey questions, reads survey materials, or completes other activities as part of a survey process. A number of different techniques may be involved, including asking respondents to paraphrase questions, probing questions to determine how respondents come up with their answers, and similar inquiries. The objective is to identify problems of ambiguity, misunderstanding, or other difficulties respondents have answering questions. This may be used as the first stage of questionnaire development. A wide variety of uses are made of the data obtained through this generic clearance. These projects represent significant strides in our efforts to improve the pretesting of EIA surveys. As EIA gains more experience, we are broadening our involvement in testing, evaluation, and research, including working with staff at the National Science Foundation. II. Current Actions EIA plans to request a three-year extension of the OMB approval for this collection. No changes are being proposed to the types of surveys being conducted under the generic clearance. For each information collection that EIA proposes to undertake under this generic clearance, OMB will be notified at least two weeks in advance, and provided with an information copy of the collection instrument and all other materials describing the testing activity. EIA will only undertake a collection if OMB does not object to EIA's proposal. III. Request for Comments Prospective respondents and other interested parties should comment on the actions discussed in item II. The following guidelines are provided to assist in the preparation of comments. General Issues A. Is the proposed collection of information necessary for the proper performance of the functions of the agency and does the information have practical utility? Practical utility is defined as the actual usefulness of information to or for an agency, taking into account its accuracy, adequacy, reliability, timeliness, and the agency's ability to process the information it collects. B. What enhancements can be made to the quality, utility, and clarity of the information to be collected? As a Potential Respondent to the Request for Information A. What actions could be taken to help ensure and maximize the quality, objectivity, utility, and integrity of the information to be collected? B. Public reporting burden for this collection is estimated to average .25 hours (15 minutes) per response. The estimated burden includes the total time necessary to provide the requested information. In your opinion, how accurate is this estimate? C. The agency estimates that the only cost to a respondent is for the time it will take to complete the collection. Will a respondent incur any start-up costs for reporting, or any recurring annual costs for operation, maintenance, and purchase of services associated with the information collection? As a Potential User of the Information To Be Collected A. What actions could be taken to help ensure and maximize the quality, objectivity, utility, and integrity of the information disseminated? Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of the form. They also will become a matter of public record. Statutory Authority: Section 3507(h)(1) of the Paperwork Reduction Act of 1995 (Pub. L. No. 104-13, 44 U.S.C. Chapter 35), Federal Energy Administration Act of 1974 (Pub. L. No. 93-275, 15 U.S.C. 761 et seq.), and the DOE Organization Act (Pub. L. No. 95-91, 42 U.S.C. 7101 et seq.). Issued in Washington, DC, March 19, 2008. Jay H. Casselberry, Agency Clearance Officer, Energy Information Administration. [FR Doc. E8-5867 Filed 3-21-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2413-101] Georgia Power Company; Notice of Amendment of License and Soliciting Comments, Motions To Intervene, and Protests March 18, 2008. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Non-Project Use of Project Lands and Waters. b. *Project No.:* 2413-101. c. *Date filed:* March 3, 2008. d. *Applicant:* Georgia Power Company. e. *Name of Project:* Wallace Hydroelectric Project. f. *Location:* The project is located on Lake Oconee in Morgan County, Georgia. The project does not occupy federal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r) and §§ 799 and 801. h. *Applicant Contact:* Mr. Lee Glenn, Georgia Power Company, 125 Wallace Dam Road, NE., Eatonton, GA 31024,
(706)485-8704. i. *FERC Contact:* Christopher Yeakel at 202-502-8132, or e-mail *christopher.yeakel@ferc.gov.* j. *Deadline for Filing Comments and or Motions:* April 18, 2008. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington DC 20426. Please include the project number (P-2413-101) on any comments or motions filed. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages e-filings. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. k. *Description of Application:* The licensee requests Commission approval to allow Patrick Malloy Communities to construct dock facilities with 90 watercraft slips and 975 feet of seawall for a private residential development along the shoreline of the Apalachee River section of Lake Oconee in Morgan County, Georgia. There would be a total of nine floating docks each with a capacity of 10 watercraft. Each dock would consist of a 6 foot by 20 foot walkway placed perpendicular to the center of a 6 foot by 113 foot walkway with five 5 foot by 24 foot fingers extending off one side. The proposed facility would occupy 0.29 acre of project waters and 2.98 acres of project lands, and would extend along 3151 linear feet of shoreline. l. *Location of Application:* A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling
(202)502-8371. This filing may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at: *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov,* for TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item
(h)above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. *Agency Comments* —Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. q. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at: *http://www.ferc.gov* under the “e-Filing” link. Kimberly D. Bose, Secretary. [FR Doc. E8-5850 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP08-218-000] Gulfstream Natural Gas System, L.L.C.; Notice of Amendment To Petition for Temporary Waiver of Tariff Provisions and Request for Expedited Action March 14, 2008. Take notice that on March 13, 2008, Gulfstream Natural Gas System, L.L.C. (Gulfstream) tendered for filing an amendment in the referenced docket to its February 28, 2008 Petition for Temporary Waiver of Tariff Provisions. Gulfstream states that the purpose of the amendment is to change the period over which its temporary waiver with respect to loan service will be applicable during the April 2008 outages to the period commencing on the first gas day of the first outage through and including the 30th gas day following the second outage. This amendment will allow Gulfstream's firm customers who take loans of line pack during the April 2008 outages up to 30 days following the end of the second outage to return all line pack taken during both outages. In addition, in order to ensure that the firm shippers have a timely understanding of the availability of, and cost associated with, the parking and lending services described in the Petition, as amended, Gulfstream requests that the Commission expedite action on the amended Petition, shorten the notice period to five days from the date of this filing, and grant the Petition by March 21, 2008. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed on or before the date as indicated below. Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. Eastern Time Tuesday, March 18, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-5827 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13000-000] Howell Heflin Hydro, LLC; Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments March 17, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 13000-000. c. *Date filed:* September 7, 2007. d. *Applicant:* Howell Heflin Hydro, LLC. e. *Name of Project:* Howell Heflin Lock and Dam Hydroelectric Project. f. *Location:* Tombigbee River in Greene County, Alabama. It would use the U.S. Army Corps of Engineers' Howell Heflin Lock and Dam. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Brent L. Smith, COO, Symbiotics, LLC, P.O. Box 535, Rigby, ID 83442,
(208)745-0834. i. *FERC Contact:* Robert Bell,
(202)502-4126. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-13000-000) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project using the U.S. Army Corps of Engineers' Howell Heflin Lock and Dam and operated in a run-of-river mode would consist of:
(1)A new powerhouse and switchyard;
(2)four turbine/generator units with a combined installed capacity of 44 megawatts;
(3)a new 2-mile-long above ground 69-kilovolt transmission line extending from the switchyard to an interconnection point with the utility distribution system owned by Black Warrior Electric Membership Corporation; and
(4)appurtenant facilities. The proposed Howell Heflin Lock and Dam Project would have an average annual generation of 125 gigawatt-hours. l. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCONLINESUPPORT@FERC.GOV.* For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30 and 4.36. n. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30 and 4.36. o. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. p. *Proposed Scope of Studies Under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. q. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. r. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, and “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application. s. *Agency Comments* —Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-5845 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 618-175] Alabama Power Company; Notice of Application for Amendment of License and Soliciting Comments, Motions To Intervene, and Protests March 14, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Request for Temporary Variance of Minimum Flow Requirement. b. *Project No.:* 618-175. c. *Date Filed:* March 13, 2008. d. *Applicant:* Alabama Power Company. e. *Name of Project:* Jordan Dam. f. *Location:* On the Coosa River, in Elmore, Chilton, and Coosa Counties, Alabama. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicant Contact:* Barry Lovett, Alabama Power Company, 600 N. 18th Street, P.O. Box 2641, Birmingham, AL 35291,
(205)257-1258. i. *FERC Contact:* Peter Yarrington, *peter.yarrington@ferc.gov,*
(202)502-6129. j. *Deadline for filing comments, motions to intervene and protests:* March 28, 2008. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. k. *Description of Request:* Alabama Power Company
(APC)is requesting a temporary variance of the Jordan Dam Project's minimum flow requirements due to continuing drought conditions in the southeast, and to ensure, to the extent possible, that there will be sufficient water available in the Coosa River to support both reservoir and downstream environmental, municipal and industrial water supply and navigation needs. Beginning April 1, the project license requires a continuous minimum base flow of 4,000 cubic feet per second
(cfs)for 18 hours per day and a pulse flow release for 6 hours per day. During June, the base and pulse flows are ramped down in daily increments, to a continuous 2,000 cfs, which is required up to March 31. APC is requesting a variance to release from Jordan Dam no less than a continuous flow of 2,000 cfs (± 5 percent) from April 1 through December 31, 2008, unless further reduction in flows becomes necessary to address emergency operating conditions. Any reduction in flows would be achieved by ramping down flows by no more than 66.7 cfs per day. The licensee is also proposing to conduct weekly conference calls with the resource agencies to discuss project releases and operations to address drought related issues. l. *Location of the Application:* The filing is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426 or by calling
(202)502-8371, or by calling
(202)502-8371. This filing may also be viewed on the Commission's Web site at *http://ferc.gov* using the “eLibrary” link. Enter the docket number (P-618) in the docket number field to access the document. You may also register online at *http://www.ferc.gov/docsfiling/esubscription.asp* to be notified via e-mail or new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov* , for TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item
(h)above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, or Motions to Intervene:* Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. p. *Agency Comments:* Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. q. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(I)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link. Kimberly D. Bose, Secretary. [FR Doc. E8-5832 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12991-000] Kentucky Hydro 2, LLC; Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments March 17, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 12991-000. c. *Date filed:* September 10, 2007. d. *Applicant:* Kentucky Hydro 2, LLC. e. *Name of Project:* Kentucky River Lock and Dam #2 Hydroelectric Project. f. *Location:* Kentucky River in Henry County, Kentucky. It would use the U.S. Army Corps of Engineers' Kentucky River Lock and Dam #2. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Brent L. Smith, COO, Symbiotics, LLC, P.O. Box 535, Rigby, ID 83442,
(208)745-0834. i. *FERC Contact:* Robert Bell,
(202)502-4126. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-12991-000) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project using the U.S. Army Corps of Engineers' Kentucky River Lock and Dam #2 and operated in a run-of-river mode would consist of:
(1)A new powerhouse and switchyard;
(2)two turbine/generator units with a combined installed capacity of 13 megawatts;
(3)a new 3-mile-long above ground 25-kilovolt transmission line extending from the switchyard to an interconnection point with the local utility's distribution system; and
(4)appurtenant facilities. The proposed Kentucky River Lock and Dam #2 Project would have an average annual generation of 39 gigawatt-hours. l. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCONLINESUPPORT@FERC.GOV* . For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30 and 4.36. n. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30 and 4.36. o. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. p. *Proposed Scope of Studies Under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. q. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. r. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, and “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application. s. *Agency Comments* —Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-5841 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12997-000] Kentucky Hydro 4, LLC; Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments March 17, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 12997-000. c. *Date filed:* September 10, 2007. d. *Applicant:* Kentucky Hydro 4, LLC. e. *Name of Project:* Kentucky River Lock and Dam #4 Hydroelectric Project. f. *Location:* Kentucky River in Franklin County, Kentucky. It would use the U.S. Army Corps of Engineers' Kentucky River Lock and Dam #4. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Brent L. Smith, COO, Symbiotics, LLC, P.O. Box 535, Rigby, ID 83442,
(208)745-0834. i. *FERC Contact:* Robert Bell,
(202)502-4126. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-12997-000) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project using the U.S. Army Corps of Engineers' Kentucky River Lock and Dam #4 and operated in a run-of-river mode would consist of:
(1)A new powerhouse and switchyard;
(2)two turbine/generator units with a combined installed capacity of 10 megawatts;
(3)a new 0.1-mile-long aboveground 25-kilovolt transmission line extending from the switchyard to an interconnection point with the local utility's distribution system; and
(4)appurtenant facilities. The proposed Kentucky River Lock and Dam #4 Project would have an average annual generation of 30 gigawatt-hours. l. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCONLINESUPPORT@FERC.GOV.* For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30 and 4.36. n. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30 and 4.36. o. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. p. *Proposed Scope of Studies Under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. q. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. r. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, and “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application. s. *Agency Comments* —Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-5843 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12998-000] Kentucky Hydro 8, LLC; Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments March 17, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 12998-000. c. *Date filed:* September 10, 2007. d. *Applicant:* Kentucky Hydro 8, LLC. e. *Name of Project:* Kentucky River Lock and Dam #8 Hydroelectric Project. f. *Location:* Kentucky River in Jessamine County, Kentucky. It would use the U.S. Army Corps of Engineers' Kentucky River Lock and Dam #8. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Brent L. Smith, COO, Symbiotics, LLC, P.O. Box 535, Rigby, ID 83442,
(208)745-0834. i. *FERC Contact:* Robert Bell,
(202)502-4126. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-12998-000) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project using the U.S. Army Corps of Engineers' Kentucky River Lock and Dam #8 and operated in a run-of-river mode would consist of:
(1)A new powerhouse and switchyard;
(2)two turbine/generator units with a combined installed capacity of 14 megawatts;
(3)a new 0.14-mile-long above ground 25-kilovolt transmission line extending from the switchyard to an interconnection point with the local utility's distribution system; and
(4)appurtenant facilities. The proposed Kentucky River Lock and Dam #8 Project would have an average annual generation of 44 gigawatt-hours. l. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail FERCONLINESUPPORT@FERC.GOV. For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30 and 4.36. n. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30 and 4.36. o. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. p. *Proposed Scope of Studies Under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. q. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. r. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, and “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application. s. *Agency Comments* —Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-5844 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12995-000] Tom Bevill Hydro, LLC; Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments March 17, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 12995-000. c. *Date filed:* September 10, 2007. d. *Applicant:* Tom Bevill Hydro, LLC. e. *Name of Project:* Tom Bevill Lock and Dam Hydroelectric Project. f. *Location:* Tombigbee River in Pickens County, Alabama. It would use the U.S. Army Corps of Engineers' Tom Bevill Lock and Dam. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Brent L. Smith, COO, Symbiotics, LLC, P.O. Box 535, Rigby, ID 83442,
(208)745-0834. i. *FERC Contact:* Robert Bell,
(202)502-4126. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-12995-000) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project using the U.S. Army Corps of Engineers' Tom Bevill Lock and Dam and operated in a run-of-river mode would consist of:
(1)A new powerhouse and switchyard;
(2)two turbine/generator units with a combined installed capacity of 25 megawatts;
(3)a new 1-mile-long aboveground 25-kilovolt transmission line extending from the switchyard to an interconnection point with the utility distribution system owned by Black Warrior Electric Membership Corporation; and
(4)appurtenant facilities. The proposed Tom Bevill Lock and Dam Project would have an average annual generation of 75 gigawatt-hours. l. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCONLINESUPPORT@FERC.GOV.* For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30 and 4.36. n. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30 and 4.36. o. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. p. *Proposed Scope of Studies Under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. q. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. r. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, and “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application. s. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-5842 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12967-000] Tuttle Creek Hydro, LLC; Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments March 17, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 12967-000. c. *Date filed:* August 30, 2007. d. *Applicant:* Tuttle Creek Hydro, LLC. e. *Name of Project:* Tuttle Creek Dam Hydroelectric Project. f. *Location:* Big Blue River in Riley County, Kansas. It would use the U.S. Army Corps of Engineers' Tuttle Creek Dam. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Brent L. Smith, COO, Symbiotics, LLC, P.O. Box 535, Rigby, ID 83442,
(208)745-0834. i. *FERC Contact:* Robert Bell,
(202)502-4126. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-12967-000) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project using the U.S. Army Corps of Engineers' Tuttle Creek Dam and operated in a run-of-river mode would consist of:
(1)A new powerhouse and switchyard;
(2)a 400-foot-long, 108-inch-diameter steel penstock;
(3)one turbine/generator unit with an installed capacity of 3 megawatts;
(4)a new 2-mile-long above ground 12.5-kilovolt transmission line extending from the switchyard to an interconnection point with the local utility's distribution system; and
(5)appurtenant facilities. The proposed Tuttle Creek Dam Project would have an average annual generation of 18 gigawatt-hours. l. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCONLINESUPPORT@FERC.GOV* . For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30 and 4.36. n. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30 and 4.36. o. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. p. *Proposed Scope of Studies Under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. q. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. r. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, and “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application. s. *Agency Comments* —Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-5840 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2413-100] Georgia Power Company; Notice of Application for Amendment of License and Soliciting Comments, Motions To Intervene, and Protests March 17, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Application Type:* Non-Project Use of Project Lands and Waters. b. *Project No.:* 2413-100. c. *Date Filed:* February 13, 2007. d. *Applicant:* Georgia Power Company. e. *Name of Project:* Wallace Dam Hydroelectric Project. f. *Location:* The proposal would be located on the Oconee River, in Greene County, Georgia. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicant Contact:* Lee Glenn, Lake Resources Manager, 125 Wallace Dam Road, NE., Eatonton, GA 31024;
(706)485-8704. i. *FERC Contact:* Gina Krump, Telephone
(202)502-6704, and e-mail: *Gina.Krump@ferc.gov* . j. *Deadline for Filing Comments, Motions to Intervene, and Protest:* April 18, 2008. All documents (original and eight copies) should be filed with: Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. k. *Description of Request:* Georgia Power Company
(GPC)is seeking Commission approval to issue a permit to Vintage Communities/Del Webb for the construction of 4 boat docks, totaling 37 slips, a dual boat ramp, and 826 feet of seawall and riprap on approximately 0.12 acre of project lands along the shore of Lake Oconee. The proposed facilities would be located in Greene County, Georgia and serve the residents of the Vintage Communities located outside the project boundary. All proposed work is consistent with GPC's current permitting requirements and U.S. Army Corps of Engineers permits. l. *Locations of the Application:* A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling
(202)502-8371. This filing may also be viewed on the Commission's Web site at: *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at: *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov,* for TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item
(h)above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, or Motions to Intervene:* Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. p. *Agency Comments:* Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. q. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at: *http://www.ferc.gov* under the “e-Filing” link. Kimberly D. Bose, Secretary. [FR Doc. E8-5838 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-90-000] Sword Energy Limited; Eagle Rock Exploration Ltd.; Notice of Application To Transfer Natural Gas Act Section 3; Authorization and Presidential Permit March 14, 2008. On March 11, 2008, Sword Energy Limited (Sword) and Eagle Rock Exploration Ltd. (Eagle Rock) filed an application in Docket No. CP08-90-000 pursuant to section 3 of the Natural Gas Act
(NGA)and section 153 of the Commission's Regulations and Executive Order No. 10485, as amended by Executive Order No. 12038, and the Secretary of Energy's Delegation Order No. 00-004.00A, effective May 16, 2006, seeking authorization to transfer Sword's existing NGA section 3 authorization and Presidential Permit to Eagle Rock, all as more fully set forth in the application which is on file with the Commission and open to the public for inspection. This filing is available for review at the Commission or may be viewed on the Commission's Web site at *http://www.ferc.gov* , using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or for TTY, contact
(202)502-8659. Any questions regarding the application may be directed to: Ron Chapman, Vice President of Operations, Sword Energy Limited, 300, 340-12th Avenue, SW., Calgary, Alberta T2R IL5 or call
(403)269-4040, facsimile
(403)261-1978, or e-mail: *rchapman@eagler.ca* . Specifically, Sword and Eagle Rock request the Commission to issue an order:
(1)Transferring Sword's NGA section 3 authorization to Eagle Rock for the operation and maintenance of facilities for the importation of natural gas from the Province of Alberta, Canada, into Glacier County, Montana; and
(2)authorizing the assignment of Sword's October 6, 2006, Presidential Permit for the operation and maintenance of facilities at the Alberta, Canada/Montana import point. The import facilities consist of:
(1)A gas meter station in LSD 8-4-1-16 W4M in the Province of Alberta;
(2)a 4-inch (114.3 mm) diameter pipeline located directly south of this meter station across the Canada-United States border at Section 1 T37N R5W, extending a distance of approximately 2,300 feet. The pipeline crosses the International Boundary for a distance of 30 feet (the Pipeline) and interconnects with a 4-inch (114.3 mm) diameter pipeline (the Connector Pipeline) operated by Sword. The Connector Pipeline connects with an existing North Western-operated gathering system in northern Montana at SE 1/4 Section 8, Township 37N, Range 4W downstream of the North Western-operated North Moulton compressor station. Sword and Eagle Rock state that the border facilities will remain in place and operation following the requested transfer and assignment. Sword and Eagle Rock also state that there are no current third party service agreements associated with the Sword pipeline, although Eagle Rock would be prepared to offer transportation services to any other shipper. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. The Commission strongly encourages electronic filings of comments, protests, and interventions via the internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. *Comment Date:* April 4, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-5833 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP95-35-001] EcoEléctrica, L.P.; Notice of Application March 18, 2008. Take notice that on March 5, 2008 EcoEléctrica, L.P. (EcoEléctrica) filed an application in Docket No. CP95-35-001, pursuant to section 3 of the Natural Gas Act (NGA), for modification of a prior Section 3 Order (dated May 15, 1996) to construct, install, own, operate and maintain certain facilities at the EcoEléctrica LNG import terminal at Penuelas, Puerto Rico. The details of this proposal are more fully set forth in the application that is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at
(866)208-3676, or TTY(202) 502-8659. Any initial questions regarding this application should be directed to Lynn R. Coleman, Skadden, Arps, Slate, Meagher & Flom LLP, 1440 New York Avenue, NW., Washington, DC 20005, or by phone at
(202)371-7600. EcoEléctrica seeks Commission approval to make two modifications to the original Section 3 Order. First, the Section 3 Order of May 15, 1996 authorized the construction of a stub natural gas pipeline that extends to the facility fenceline and which was originally intended for use in providing natural gas to the Puerto Rico Electric Power Authority's (PREPA) Costa Sur Power Plant. The stub pipeline has been constructed but is not used to supply natural gas to the Costa Sur Power Plant because that plant was never converted to natural gas firing. In lieu of this, EcoEléctrica seeks Commission approval to use the stub line to deliver gas to PREPA's proposed Gasoducto del Sur pipeline for use at PREPA's Aguirre Combined Cycle Power Plant upon its conversion from fuel oil to natural gas as power plant fuel. Second, the Section 3 Order authorized EcoEléctrica to construct an LNG vaporization system. In the Section 3 Order, EcoEléctrica was authorized to install two LNG storage tanks, each with one million barrels storage capacity, and up to six vaporizers, consisting of two vertical shell and tube heat exchanger vaporizers and four open rack type vaporizers. Only one of the LNG storage tanks has been installed. Therefore, only the two vertical shell and tube heat exchanger vaporizers were installed when the LNG terminal was constructed. As part of the project to supply natural gas to the Aguirre plant, EcoEléctrica proposes to install two additional vertical shell and tube heat exchanger vaporizers. All of the additional equipment, including the two vaporizers, will be installed within the existing 36-acre facility site. The single LNG storage tank that is part of the current facility has sufficient volume capacity to supply the natural gas demand for the Aguirre Combined Cycle Power Plant. This proposed EcoEléctrica modification package does not include the construction of the second LNG storage tank. The proposed modifications will allow EcoEléctrica to increase throughput but EcoEléctrica says that it will remain well within the annual import volume authorized for the EcoEléctrica LNG Terminal by the Department of Energy
(DOE)Order Granting Long-Term Authorization to Import LNG, April 19, 1995, DOE/FE Order No. 1042, FE Docket No. 94-91-LNG. The application includes an Environmental Assessment Report which demonstrates that the potential environmental impacts of the proposed modifications are either negligible or were adequately assessed in the environmental review for the original Section 3 Order for EcoEléctrica. EcoEléctrica requests that the Commission grant the requested authorization at the earliest practicable date, in order to ensure an in-service date of September 2008. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. Persons who wish to comment only on the environmental review of this project, or in support of or in opposition to this project, should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. The Commission strongly encourages electronic filings of comments, protests, and interventions via the internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. *Comment Date:* 5 p.m. Eastern Time on April 8, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-5849 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2101-084; Project No. 2155-024] Sacramento Municipal Utility District (California); Pacific Gas & Electric Company (California); Notice of Availability of the Final Environmental Impact Statement for the Upper American River Project and the Chili Bar Project March 14, 2008. In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's (Commission) regulations, 18 CFR Part 380 (Order No. 486, 52 FR 47897), the Office of Energy Projects has reviewed the applications for relicense for the Upper American River Project (FERC No. 2101) and the Chili Bar Project (FERC No. 2155), located on the South Fork of the American River near Placerville, California, and has prepared a Final Environmental Impact Statement (final EIS) for the projects. The existing 688-megawatt
(MW)Upper American River Project occupies 6,375 acres of federal land administered by the U.S. Department of Agriculture, Forest Service (Forest Service), in Eldorado National Forest and 42.3 acres of federal land administered by the U.S. Department of the Interior, Bureau of Land Management (BLM). The Forest Service is reviewing an application for a special use permit for constructing the Iowa Hill development on National Forest System lands. The Forest Service is also a cooperating agency in preparing this final EIS for the Upper American River Project. Pacific Gas & Electric Company's 7-MW Chili Bar Project is located on the South Fork of the American River immediately downstream of the Upper American River Project. The project occupies 47.81 acres of federal land administered by the BLM. In the final EIS, staff evaluates the applicant's proposals and alternatives for relicensing the projects. The final EIS documents the views of governmental agencies, non-governmental organizations, affected Indian tribes, the public, the license applicant, and Commission staff. Copies of the final EIS are available for review in the Commission's Public Reference Branch, Room 2A, located at 888 First Street, NE., Washington, DC 20426. The final EIS also may be viewed on the Internet at *http://www.ferc.gov* under the eLibrary link. Enter the docket number (either P-2101 or P-2155) to access the document. For assistance, contact FERC Online Support at: *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. CD versions of the final EIS have been mailed to everyone on the mailing list for the projects. Copies of the CD, as well as a limited number of paper copies, are available from the Public Reference Room identified above. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to these or other pending projects. For assistance, contact FERC Online Support. For further information, contact James Fargo at
(202)502-6095 or at: *james.fargo@ferc.gov.* Kimberly D. Bose, Secretary. [FR Doc. E8-5831 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL08-46-000] MMC Energy, Inc., Complainant, v. California Independent System Operator, Inc., Respondent; Notice of Complaint March 14, 2008. Take notice that on March 13, 2008, MMC Energy, Inc. (MMC), filed a formal complaint against California Independent System Operator, Inc. (CASIO), pursuant to sections 206 and 306 of the Federal Power Act, 16 U.S.C. 824e and 825e (2000), and Rule 206 of the Commission's Rules of Practice and Procedures, 18 CFR 385.206 (2007), alleging that the CAISO has unlawfully failed to allow three generating facilities owned by MMC to fully participate in the spinning reserve ancillary services market. MMC certifies that copies of the complaint were served on the contacts for CAISO as listed on the Commission's list of Corporate Officials. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on April 2, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-5828 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. QF08-419-000] Food Lion 1194 Wilson, NC; Notice of Filing of Notice of Self-Certification of Qualifying Status of a Cogeneration Facility March 18, 2008. Take notice that on March 5, 2008, Food Lion, LLC, 2110 Executive Drive, Salisbury, NC 28145 filed with the Federal Energy Regulatory Commission a notice of self-certification of a facility as a qualifying cogeneration facility pursuant to 18 CFR 292.207(a) of the Commission's regulations. This qualifying cogeneration facility consist of a 350 kW packaged diesel engine generator set operating on #2 fuel oil. This package is set on a concrete pad. The unit is self-contained, including all necessary switchgear and controls. The electricity is generated at 208 V, 3 phase, 60 Hz. The facility is located at 2021 Lipscombe Road, Wilson, NC 27893. This qualifying facility interconnects with Wilson Energy's electric distribution system. The facility will provide standby power and occasionally supplementary power to Food Lion. A notice of self-certification does not institute a proceeding regarding qualifying facility status; a notice of self-certification provides notice that the entity making the filing has determined the Facility meets the applicable criteria to be a qualifying facility. Any person seeking to challenge such qualifying facility status may do so by filing a motion pursuant to 18 CFR 292.207(d)(iii). This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Kimberly D. Bose, Secretary. [FR Doc. E8-5848 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. QF08-418-000] Food Lion 2552 Wilson, NC; Notice of Filing of Notice of Self-Certification of Qualifying Status of a Cogeneration Facility March 18, 2008. Take notice that on March 5, 2008, Food Lion, LLC, 2110 Executive Drive, Salisbury, NC 28145 filed with the Federal Energy Regulatory Commission a notice of self-certification of a facility as a qualifying cogeneration facility pursuant to 18 CFR 292.207(a) of the Commission's regulations. This qualifying cogeneration facility consists of a 350 kW packaged diesel engine generator set operating on #2 fuel oil. This package is set on a concrete pad. The unit is self-contained, including all necessary switchgear and controls. The electricity is generated at 208 V, 3 phase, 60 Hz. The facility is located at 3711 Peppermill Drive North, Wilson, NC 27893. This qualifying facility interconnects with Wilson Energy's electric distribution system. The facility will provide standby power and occasionally supplementary power to Food Lion. A notice of self-certification does not institute a proceeding regarding qualifying facility status; a notice of self-certification provides notice that the entity making the filing has determined the Facility meets the applicable criteria to be a qualifying facility. Any person seeking to challenge such qualifying facility status may do so by filing a motion pursuant to 18 CFR 292.207(d)(iii). This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Kimberly D. Bose, Secretary. [FR Doc. E8-5851 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OA07-36-001] South Carolina Electric & Gas Company; Notice of Filing March 14, 2008. Take notice that on February 28, 2008, South Carolina Electric & Gas Company filed a compliance filing in response to the Commission's January 31, 2008 Order, *South Carolina Electric & Gas Company* , 122 FERC ¶ 61,070 (2008). Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on March 20, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-5829 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12707-001] Hook Canyon Energy, LLC; Notice of Intent to File License Application, Filing of Pre-Application Document (PAD), Commencement of Licensing Proceeding, Scoping, Solicitation of Comments on the PAD and Scoping Document, and Identification of Issues and Associated Study Requests March 14, 2008. a. *Type of Filing:* Notice of Intent to File License Application for a New License and Commencing Licensing Proceeding. b. *Project No.:* 12707-001. c. *Dated Filed:* September 10, 2007. d. *Submitted by:* Hook Canyon Energy, LLC. e. *Name of Project:* Hook Canyon Pump Storage Project. f. *Location:* The project would be located in Rich County, Utah and Bear Lake County, Idaho. The project's upper reservoir would be constructed in Hook Canyon on the eastern side of Bear Lake. Bear Lake would be the project's lower reservoir. The proposed project would not occupy any federal lands. g. *Filed Pursuant to:* 18 CFR Part 5 of the Commission's Regulations. h. *Potential Applicant Contact:* Brent Smith, Symbiotics LLC, P.O. Box 535, Rigby, ID 83442;
(208)745-0834. i. *FERC Contact:* Steve Hocking at *steve.hocking@ferc.gov* or
(202)502-8753. j. We are asking federal, state, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing comments described in paragraph o below. Cooperating agencies should note the Commission's policy that agencies that cooperate in the preparation of an environmental document cannot also intervene in that same proceeding. *See,* 94 FERC ¶ 61,076 (2001). k. With this notice, we are initiating informal consultation with:
(a)The U.S. Fish and Wildlife Service and/or NOAA Fisheries under section 7 of the Endangered Species Act and the joint agency regulations thereunder at 50 CFR, Part 402 and,
(b)the State Historic Preservation Officer, as required by section 106, National Historic Preservation Act, and the implementing regulations of the Advisory Council on Historic Preservation at 36 CFR 800.2. l. By letters dated February 13 and 14, 2008, we designated Hook Canyon Energy, LLC to be the Commission's non-federal representative for consultation pursuant to section 7 of the Endangered Species Act and section 106 of the National Historic Preservation Act, respectively. m. Hook Canyon Energy, LLC filed a Pre-Application Document (PAD; including a proposed process plan and schedule) with the Commission, pursuant to 18 CFR 5.6 of the Commission's regulations. n. A copy of the PAD is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site ( *http://www.ferc.gov* ), using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at
(866)208-3676, or for TTY,
(202)502-8659. A copy is also available for inspection and reproduction using the contact information in paragraph h. Register online at *http://ferc.gov/esubscribenow.htm* to be notified via e-mail of new filings and issuances related to this or other pending projects at the Commission. For assistance, contact FERC Online Support. o. With this notice, we are soliciting comments on the PAD and Scoping Document 1 (SD1), as well as study requests. All comments on the PAD and SD1, and study requests should be sent to the address above in paragraph h. In addition, all comments on the PAD and SD1, study requests, requests for cooperating agency status, and all communications to and from Commission staff related to the merits of the potential application (an original and eight copies) must be filed with the Commission at: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. All filings with the Commission must include on the first page, the project name (Hook Canyon Pump Storage Project) and project number (P-12707-001), and include the heading “Comments on Pre-Application Document,” “Study Requests,” “Comments on Scoping Document 1,” “Request for Cooperating Agency Status,” or “Communications to and from Commission Staff.” Any individual or entity interested in submitting study requests, commenting on the PAD or SD1, and any agency requesting cooperating status must do so by May 13, 2008. Comments on the PAD and SD1, study requests, requests for cooperating agency status, and other permissible forms of communications with the Commission may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-filing” link. p. As of this time, Commission staff intend to prepare an Environmental Impact Statement for this project. Scoping Meetings Commission staff will hold two scoping meetings in the vicinity of the project at the time and place noted below. The daytime meeting will focus on resource agency, Indian tribes, and non-governmental organization concerns, while the evening meeting is primarily for receiving input from the public. We invite all interested individuals, organizations, and agencies to attend one or both of these meetings and to assist staff in identifying particular study needs, as well as the scope of environmental issues to be addressed in the environmental document. The times and locations of these meetings are as follows: Daytime Scoping Meeting Date: Wednesday, April 9, 2008. Time: 9 a.m. to 2 p.m. (MST). Location: Bear Lake West Restaurant and Sports Bar, 554 Lewis Loop, Fish Haven, ID 83287. Phone:
(208)945-2222. Evening Scoping Meeting Date: Wednesday, April 9, 2008. Time: 7 p.m.-10 p.m (MST). Location: Oregon Trail Center, 320 North 4th Street, Montpelier, ID 83254. Phone:
(208)847-3800. Scoping Document 1 (SD1), which outlines the subject areas to be addressed in the environmental document, was mailed to the individuals and entities on the Commission's mailing list. Copies of SD1 will be available at the scoping meetings, or may be viewed on the web at *http://www.ferc.gov,* using the “eLibrary” link. Follow the directions for accessing information in paragraph n. Based on all oral and written comments, a Scoping Document 2
(SD2)may be issued. SD2 may include a revised process plan and schedule, as well as a list of issues identified through the scoping process. Site Visit Hook Canyon Energy, LLC and Commission staff will visit the site of the proposed project on Tuesday, April 8, 2008, from 8 a.m. to about 12 noon. To attend the site visit, meet at 8 a.m. at the Bear Lake State Park, Rainbow Cove Launch Area, which is located on the eastern side of Bear Lake on Cisco Beach Road just north of Cisco beach. All participants are responsible for their own transportation and access to the site is limited to four-wheel drive vehicles only. Lunch will be from about 12 to 1 p.m. All participants should bring their own bag or box lunch with them to the site visit. From 1 p.m. to about 5 p.m., Hook Canyon Energy, LLC and Commission staff will tour PacifiCorp's Lifton pump station on the north end of Bear Lake, associated dikes, and possibly Stewart dam. To attend the tour, meet at 1 p.m. at the Bear Lake State Park, North Beach Parking Area which is located on the eastern side of Bear Lake on Eastshore Road just north of the Utah/Idaho state line. Road just north of the Utah/Idaho state line. All participants are responsible for their own transportation. Access to the Lifton pump station and other PacifiCorp facilities is at PacifiCorp's discretion. The site visit and tour scheduled for April 8, 2008, is weather dependent. If the site visit and tour are cancelled, notice will be placed on the Commission's April 8, 2008, calendar, on its Web site ( *http://www.ferc.gov* ). Please check the Commission's April 8, 2008, calendar before leaving in the morning to attend the site visit and tour. Meeting Objectives At the scoping meetings, staff will:
(1)Initiate scoping of the issues;
(2)review and discuss existing conditions and resource management objectives;
(3)review and discuss existing information and identify preliminary information and study needs;
(4)review and discuss the process plan and schedule for pre-filing activity that incorporates the time frames provided for in Part 5 of the Commission's regulations and, to the extent possible, maximizes coordination of federal, state, and tribal permitting and certification processes; and
(5)discuss the appropriateness of any federal or state agency or Indian tribe acting as a cooperating agency for development of an environmental document. Meeting participants should come prepared to discuss their issues and/or concerns. Please review the PAD in preparation for the scoping meetings. Directions on how to obtain a copy of the PAD and SD1 are included in item n. of this document. Meeting Procedures Scoping meetings will be recorded by a stenographer and will become part of the Commission's formal record for this proceeding. Kimberly D. Bose, Secretary. [FR Doc. E8-5830 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP05-45-001; CP06-401-001] TransColorado Gas Transmission Company; Notice of Intent To Prepare an Environmental Assessment for the Proposed Love Ranch Relocation Project and Request for Comments on Environmental Issues March 18, 2008. The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment
(EA)that will discuss the potential environmental impacts of the Love Ranch Relocation Project involving the relocation of previously authorized, but uninstalled, natural gas transmission system facilities by TransColorado Gas Transmission Company (TransColorado) in Rio Blanco County, Colorado. The EA will be used by the Commission in its decision-making process to determine whether the project is in the public convenience and necessity. This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies on the project. Your input will help determine which issues need to be evaluated in the EA. Please note that the scoping period will close on April 18, 2008. Details on how to submit comments are provided in the “Public Participation” section of this notice. This notice is being sent to affected landowners; federal, state, and local government agencies; elected officials; Native American tribes; other interested parties; and local libraries and newspapers. State and local government representatives are asked to notify their constituents of this proposed project and to encourage them to comment on their areas of concern. A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. It is available for viewing on the FERC Internet Web site ( *http://www.ferc.gov* ). Summary of the Proposed Project TransColorado proposes to relocate two compressor units previously authorized for installation at the existing Greasewood Compressor Station to an alternative site about 6 miles west (referred to as the Love Ranch Compressor Station site). Both locations are in Rio Blanco County, Colorado. Specifically, TransColorado proposes to amend its authorizations for both the North Expansion Project in Docket No. CP05-45-000 and the Blanco-Meeker Expansion Project in Docket No. CP06-401-000 to relocate a 2,370 horsepower unit and a 3,550 horsepower unit, respectively, to the Love Ranch Compressor Station site. TransColorado further seeks authority to construct and operate a new interconnect with Rockies Express Pipeline, LLC (Rockies Express) at the existing Meeker Compressor Station. Both compressor units were originally authorized to allow TransColorado to deliver up to 300,000 dekatherms per day (Dth/d) to Williams Energy Marketing and Trading Company (Williams) through Wyoming Interstate Company's pipeline system. Installation of the units was deferred to coincide with an increase in Williams' contract quantities beginning January 1, 2008. TransColorado states that relocating the compressor units and the new interconnect would accommodate the changing market needs of Williams on the TransColorado pipeline system and increases the overall delivery flexibility of the pipeline. Upon installation of the two compressors at the Love Ranch Compressor Station site, TransColorado would be capable of delivering 130,000 Dth/d to WIC at the Greasewood Compressor Station and 210,000 Dth/d to Rockies Express via the proposed interconnect at the Meeker Compressor Station. Construction and operation of the proposed project would affect 7.2 acres, including the compressor station (6.75 acres), access road (0.25 acre), and the meter station (0.2 acre). The compressor station would be located immediately adjacent to TransColorado's existing natural gas transmission pipeline system on privately-owned rangeland that is currently used for grazing. TransColorado would access the site by a new 230-foot-long by 50-foot-wide access road off of Rio Blanco County Road 5. The general location of the proposed facilities is shown in appendix 1. 1 1 The appendices referenced in this notice are not being printed in the **Federal Register** . Copies of all appendices are available on the Commission's website at the “eLibrary” link or from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426, or call
(202)502-8371. For instructions on connecting to eLibrary refer to the “Additional Information” section of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. Requests for detailed maps of the proposed facilities should be made directly to TransColorado. The EA Process We 2 are preparing this EA to comply with the National Environmental Policy Act
(NEPA)which requires the Commission to take into account the environmental impact that could result if it authorizes TransColorado's proposal. By this notice, we are also asking federal, state, and local agencies with jurisdiction and/or special expertise with respect to environmental issues to formally cooperate with us in the preparation of the EA. Agencies that would like to request cooperating status should follow the instructions for filing comments provided below. 2 “We,” “us,” and “our” refer to the environmental staff of the FERC's Office of Energy Projects. NEPA also requires the FERC to discover and address concerns the public may have about proposals. This process is referred to as “scoping.” The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this Notice of Intent, we are requesting public comments on the scope of the issues to address in the EA. All comments received will be considered during the preparation of the EA. The EA will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings: • Geology and soils • land use and visual quality • cultural resources • vegetation and wildlife (including threatened and endangered species) • air quality and noise • reliability and safety. We will also evaluate possible alternatives to the proposed project or portions of the project, where necessary, and make recommendations on how to lessen or avoid impacts on the various resource areas. Our independent analysis of the issues will be presented in the EA. Depending on the comments received during the scoping process, the EA may be published and mailed to Federal, State, and local agencies, public interest groups, interested individuals, affected landowners, local libraries and newspapers, and the Commission's official service list for this proceeding. A comment period will be allotted for review if the EA is published. We will consider all comments on the EA before we make our recommendations to the Commission. To ensure your comments are received and considered, please carefully follow the instructions in the “Public Participation” section below. Public Participation You can make a difference by providing us with your specific comments or concerns about the project. By becoming a commentor, your concerns will be addressed in the EA and considered by the Commission. You should focus on the potential environmental effects of the proposal and alternatives to the proposal, including alternative compressor station sites and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your letter to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Room 1A, Washington, DC 20426; • Label one copy of the comments for the attention of Gas Branch 1, PJ-11.1; • Reference Docket Nos. CP05-45-001 and CP06-401-001; and • Mail your comments so that they will be received in Washington, DC, on or before April 18, 2008. Please note that the Commission strongly encourages electronic filing of any comments, interventions, or protests to this proceeding. See Title 18 of the Code of Federal Regulations (CFR), Part 385.2001(a)(1)(iii) and the instructions on the Commission's Internet Web site at *http://www.ferc.gov* under the “eFiling” link and the link to the User's Guide. Prepare your submission in the same manner as you would if filing on paper and save it to a file on your hard drive. Before you can file comments you will need to create an account by clicking on “Login to File” and then “New User Account.” You will be asked to select the type of filing you are making. This filing is considered a “Comment on Filing.” In addition, there is a “ *Quick Comment* ” option available, which is an easy method for interested persons to submit text only comments on a project. The *Quick-Comment User Guide* can be viewed at *http://www.ferc.gov/docs-filing/efiling/quick-comment-guide.pdf.* Quick Comment does not require a FERC eRegistration account; however, you will be asked to provide a valid email address. All comments submitted under either eFiling or the Quick Comment option are placed in the public record for the specified docket. Becoming an Intervenor In addition to involvement in the EA scoping process, you may want to become an official party to the proceeding known as an “intervenor.” Intervenors play a more formal role in the process. Among other things, intervenors have the right to receive copies of case-related Commission documents and filings by other intervenors. Likewise, each intervenor must send one electronic copy (using the Commission's eFiling system) or 14 paper copies of its filings to the Secretary of the Commission and must send a copy of its filings to all other parties on the Commission's service list for this proceeding. If you want to become an intervenor you must file a motion to intervene according to Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.214) (see appendix 2). 3 Only intervenors have the right to seek rehearing of the Commission's decision. 3 Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion on filing comments electronically. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your environmental comments considered. Environmental Mailing List As described above, we may publish and distribute the EA for comment. If you are interested in receiving an EA for review and/or comment, please return the Environmental Mailing List Form (appendix 3). If you do not return the Environmental Mailing List Form, you will be taken off the mailing list. All individuals who provide written comments will remain on our environmental mailing list for this project. Additional Information Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the “eLibrary” link. Click on the eLibrary link, then on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FercOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact
(202)502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. Go to *http://www.ferc.gov/esubscribenow.htm.* Finally, any public meetings or site visits scheduled for this proposed project will be posted on the Commission's calendar located at *http://www.ferc.gov/EventCalendar/EventsList.aspx* along with other related information. Kimberly D. Bose, Secretary. [FR Doc. E8-5852 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER08-23-000; ER08-23-001; ER08-23-002] Massie Power, LLC; Notice of Issuance of Order March 17, 2008. Massie Power, LLC (Massie Power) filed an application for market-based rate authority, with an accompanying market-based rate schedule. The proposed market-based rate schedule provides for the sale of energy, capacity and ancillary services at market-based rates. Massie Power also requested waivers of various Commission regulations. In particular, Massie Power requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by Massie Power. On March 11, 2008, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—West, granted the request for blanket approval under Part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by Massie Power, should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2007). The Commission encourages the electronic submission of protests using the FERC Online link at: *http://www.ferc.gov* . Notice is hereby given that the deadline for filing protests is April 10, 2008. Absent a request to be heard in opposition to such blanket approvals by the deadline above, Massie Power is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of Massie Power, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of Massie Power's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at: *http://www.ferc.gov* , using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E8-5839 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Project No. 1881-050 PPL Holtwood, LLC; Notice of Scoping Meeting and Soliciting Scoping Comments March 17, 2008. a. *Application Type:* Amendment of license to increase the installed capacity. b. *Project No.:* 1881-050. c. *Date Filed:* December 20, 2007, and supplemented on January 4 and February 20, 2008. d. *Applicant:* PPL Holtwood, LLC. e. *Name of Project:* Holtwood Hydroelectric Project. f. *Location:* The project is located on the Susquehanna River, in Lancaster and York Counties, Pennsylvania. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a—825r h. *Applicant Contact:* Dennis J. Murphy, Vice President & Chief Operating Officer, PPL Holtwood, LLC, Two North Ninth Street (GENPL6), Allentown, Pennsylvania 18101; telephone
(610)774-4316. i. *FERC Contact:* Linda Stewart, telephone:
(202)502-6680, and e-mail: *linda.stewart@ferc.gov.* j. *Deadline for filing scoping comments:* May 2, 2008. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Scoping comments may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. k. *Description of Request:*
(i)*Amendment to Project Design:* PPL Holtwood LLC (PPL Holtwood or licensee) proposes to increase the installed capacity of the Holtwood Project by constructing a new powerhouse with two turbine generator units, installing two new generating units in the existing powerhouse, and refurbishing four generating units in the existing powerhouse (Units 1, 2, 4, and 7). The total installed capacity of the project would increase from 107.2 megawatts to 195.5 megawatts and the total hydraulic capacity of the project would increase from 31,500 cubic feet per second to approximately 61,460 cubic feet per second. PPL Holtwood also proposes to construct a new skimmer wall upstream of the powerhouses, and to perform excavation in the forebay to replace deteriorating infrastructure as well as enable flows to enter the new generating units. In order to improve fish passage at the project, PPL Holtwood proposes to:
(1)Modify the existing fish lift;
(2)reroute the discharge of Unit 1 in the existing powerhouse; and
(3)excavate in the project tailrace and spillway. PPL Holtwood also proposes to implement additional measures to enhance migratory fish passage, provide for minimum flows, and perform studies and evaluations. PPL Holtwood requests the modification of license articles that are related to the above proposed design changes
(ii)*Extension of Term of License:* PPL Holtwood requests a 16-year extension of the current license term to September 1, 2030. l. *Scoping Process:* The purpose of this notice is to inform you of the opportunity to participate in the upcoming scoping meetings identified below, and to solicit your scoping comments. This meeting will satisfy the NEPA scoping requirements. Scoping Meetings The licensee and Commission staff will hold two scoping meetings, one in the daytime and one in the evening, to help us identify the scope of issues to be addressed. The daytime scoping meeting will focus on resource agency concerns, while the evening scoping meeting is primarily for public input. All interested individuals, organizations, and agencies are invited to attend one or both of the meetings, and to assist the staff in identifying the environmental issues that should be analyzed in the Environmental Impact Statement (EIS). The times and locations of these meetings are as follows: Daytime meeting Evening meeting Thursday April 17, 2008 Thursday April 17, 2008 2 p.m. to 4 p.m., Holtwood Environmental Center, 9 New Village Road, Holtwood, PA 17532 6:30 p.m. to 8:30 p.m., Travellodge Inn and Suites and Conference Center, 1492 Lititz Pike, Lancaster, PA 17601 To help focus discussions, Scoping Document 1 (SD1), which outlines the subject areas to be addressed in the EIS, was mailed to the individuals and entities on the Commission's mailing list on March 17, 2008. Copies of the SD1 also will be available at the scoping meetings. SD1 is available for review at the Commission in the Public Reference Room, or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov,* or toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. Based on all written comments received, a Scoping Document 2
(SD2)may be issued, if needed. SD2 will include a revised list of issues, as determined by the scoping process. Meeting Objectives *At the scoping meetings, the staff will:*
(1)Summarize the environmental issues tentatively identified for analysis in the EIS;
(2)solicit from the meeting participants all available information, especially quantifiable data, on the resources at issue;
(3)encourage statements from experts and the public on issues that should be analyzed in the EIS, including viewpoints in opposition to, or in support of, the staff's preliminary views;
(4)determine the resource issues to be addressed in the EIS; and
(5)identify those issues that require a detailed analysis, as well as those issues that do not require a detailed analysis. Individuals, organizations, and agencies with environmental expertise and concerns are encouraged to attend the meetings and to assist the licensee and Commission staff in defining and clarifying the issues to be addressed in the EIS. Please review the SD1 in preparation for the scoping meetings. Instructions on how to obtain copies of the SD1 are included above. Meeting Procedures The meetings will be recorded by a court reporter and will become part of the formal record of the Commission proceeding on the project. Site Visit The licensee and Commission staff will conduct a site visit of the project on Thursday, April 17, 2008. The site visit to Holtwood dam will take place at 10:30 a.m. on Thursday April 17, 2008. We will meet at the security gate; parking is limited so participants are encouraged to car pool. Access to the dam site is secure, and any individuals wishing to participate in the site visit will be required to meet the licensee's public safety requirements. Kimberly D. Bose, Secretary. [FR Doc. E8-5846 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. DI08-4-000] Central Oregon Irrigation District; Notice of Petition for Declaratory Order and Soliciting Comments, Motions to Intervene, and Protests March 17, 2008. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Petition for Declaratory Order. b. *Docket No:* DI08-4-000. c. *Date Filed:* March 4, 2008. d. *Applicant:* Central Oregon Irrigation District. e. *Name of Project:* Cline Falls Hydro Project. f. *Location:* The existing Cline Falls Hydro Project is located on the Deschutes River at River Mile 144.5, in Deschutes County, at Redmond, Oregon, affecting T. 15 S., R. 12 E, sec. 11, Willamette Meridian. The project does not occupy any tribal or federal lands. g. *Filed Pursuant to:* Section 23(b)(1) of the Federal Power Act, 16 U.S.C. 817(b). h. *Applicant Contact:* Steven Johnson, Central Oregon Irrigation District, 1055 SW Lake Court, Redmond, OR 97756; Telephone:
(541)548-6047; e-mail: *stevej@coid.org* . i. *FERC Contact:* Any questions on this notice should be addressed to Henry Ecton
(202)502-8768, or E-mail: *henry.ecton@ferc.gov.* j. *Deadline for filing comments and/or motions:* April 18, 2008. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at: *http://www.ferc.gov* under the “e-Filing link.” Please include the docket number (DI08-4-000) on any protests, comments and/or motions filed. k. *Description of Project:* The existing project consists of:
(1)A 5-foot-high, 300-foot-long diversion structure;
(2)a pond with a storage capacity estimated at 1 to 2 acre-feet;
(3)a canal and box flume, connected to a 96-inch-diameter, 45-foot-long steel penstock;
(4)a powerhouse containing a 750-kW Francis turbine/generator;
(5)a tailrace, leading from a rock chamber located under the turbine to the river; and
(6)appurtenant facilities. The facility is connected to an interstate grid. When a Petition for Declaratory Order is filed with the Federal Energy Regulatory Commission, the Federal Power Act requires the Commission to investigate and determine if the interests of interstate or foreign commerce would be affected by the project. The Commission also determines whether or not the project:
(1)Would be located on a navigable waterway;
(2)would occupy or affect public lands or reservations of the United States;
(3)would utilize surplus water or water power from a government dam; or
(4)if applicable, has involved or would involve any construction subsequent to 1935 that may have increased or would increase the project's head or generating capacity, or have otherwise significantly modified the project's pre-1935 design or operation. l. *Locations of the application:* Copies of this filing are on file with the Commission and are available for public inspection. This filing may be viewed on the web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or TTY, contact
(202)502-8659. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, and/or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. *Filing and Service of Responsive Documents* —any filings must bear in all capital letters the title “COMMENTS”, “PROTESTS”, AND/OR “MOTIONS TO INTERVENE”, as applicable, and the Docket Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the applicant specified in the particular application. p. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-5847 Filed 3-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Western Area Power Administration Salt Lake City Area Integrated Projects Firm Power, Colorado River Storage Project Transmission and Ancillary Services Rates—Rate Order No. WAPA-137 AGENCY: Western Area Power Administration, DOE. ACTION: Notice of Extension of Public Process for Rate Adjustment. SUMMARY: Western initiated a public process to modify the Salt Lake City Area Integrated Projects (SLCA/IP) firm power rates and extend the Colorado River Storage Project
(CRSP)transmission and ancillary services rates by publishing a notice in the **Federal Register** on January 4, 2008. Western held a Public Information Forum on February 5, 2008, and a Public Comment Forum on March 4, 2008. Western is extending the comment and consultation period to allow sufficient time to finalize the 2010 Work Program Review (WPR), which forms the basis of the operation, maintenance and replacement (OM&R) expenses, to propose a two-step increase and to add clarification to the Spinning and Supplement Reserves (SP-SSR-3) rates. In conjunction with extending the comment and consultation period, Western will hold an additional public information forum and public comment forum on April 10, 2008. Information will be provided at this public information forum and also on the CRSP Management Center Web site under the “FY 2009 SLCA/IP Rate Adjustment” section located at: *http://www.wapa.gov/CRSP/ratescrsp/default.htm.* Western mailed a brochure on January 11, 2008, that provided detailed information about the rates to all interested parties. The proposed rates in Rate Order No. WAPA-137 under Rate Schedules SLIP-F9, SP-PTP7, SP-NW3, SP-NFT6, SP-CF1, SP-SD3, SP-RS3, SP-EI3, SP-FR3, and SP-SSR3 are scheduled to go into effect on October 1, 2008. DATES: The extended consultation and comment period begins today and will end May 5, 2008. A public information forum will be held on April 10, 2008, 1:30 p.m., at the Wallace F. Bennett Federal Building, Room 8102, 125 S. State Street, Salt Lake City, Utah. A public comment forum will follow the public information forum. Western will accept written comments any time during the consultation and comment period. ADDRESSES: Send written comments to Mr. Bradley S. Warren, CRSP Manager, CRSP Management Center, Western Area Power Administration, 150 East Social Hall Avenue, Suite 300, Salt Lake City, UT 84111-1580; telephone
(801)524-5493; e-mail *CRSPMCadj@wapa.gov.* Western will post information about the rate process on its Web site under the “FY 2009 SLCA/IP Rate Adjustment” section located at: *http://www.wapa.gov/CRSP/ratescrsp/default.htm.* Western will post official comments received by letter and e-mail to its Web site after the close of the comment period. Western must receive written comments by the end of the consultation and comment period to ensure consideration in Western's decision process. FOR FURTHER INFORMATION CONTACT: Ms. Carol A. Loftin, Rates Manager, CRSP Management Center, Western Area Power Administration, 150 East Social Hall Avenue, Suite 300, Salt Lake City, UT 84111-1580; telephone
(801)524-6380; e-mail *loftinc@wapa.gov.* SUPPLEMENTARY INFORMATION: The proposed rates for SLCA/IP firm power are designed to return an annual amount of revenue to meet the repayment of power investment, payment of interest, purchased power, OM&R expenses, and the repayment of irrigation assistance costs as required by law. The Deputy Secretary of Energy approved Rate Schedule SLIP-F8 for firm power service on August 1, 2005. Rate Schedule SLIP-F8 became effective on October 1, 2005, for a 5-year period ending September 30, 2010. The Deputy Secretary of Energy also approved a rate extension for the CRSP Transmission and Ancillary Services Rates through September 30, 2010. Discussion Western's SLCA/IP Firm Power, CRSP Transmission and Ancillary Services rates entered into a rate adjustment process with a **Federal Register** notice published on January 4, 2008, which began the initial public consultation and comment period that would have ended on April 3, 2008. Western seeks an extension of the public process to provide additional time to finalize the 2010 WPR, which forms the basis of the OM&R expenses. The 2010 WPR shows significant increases in some program areas, and Western and the firm power customers need more time to evaluate these proposed increases. The customers are requesting Western consider a rate increase that is phased in over a 2-year period, and Western will provide options for customers' comments. In addition, Western is proposing to eliminate the reference to the “Western System Power Pool” in the Rate Schedule for Spinning and Supplement Reserves (SP-SSR-3) to make it consistent with the other regions within Western and to clarify better how those rates are determined. In conjunction with extending the comment and consultation period, Western will hold an additional public information and public comment forum. Legal Authority Since the proposed rates constitute a major rate adjustment as defined by 10 CFR part 903, Western has held both a public information forum and a public comment forum and, as indicated in this notice, will hold an additional public information and public comment forum. After a review of public comments and possible amendments or adjustments, Western will recommend a proposed rate for the Deputy Secretary of Energy to approve on an interim basis. Western is establishing firm electric service rates for the SCLA/IP under the Department of Energy Organization Act (42 U.S.C. 7152); the Reclamation Act of 1902 (ch. 1093, 32 Stat. 388), as amended and supplemented by subsequent laws, particularly section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)); and other acts that specifically apply to the projects involved. By Delegation Order No. 00-037.00, effective December 6, 2001, the Secretary of Energy delegated:
(1)The authority to develop power and transmission rates to Western's Administrator;
(2)the authority to confirm, approve, and place such rates into effect on an interim basis to the Deputy Secretary of Energy; and
(3)the authority to confirm, approve, and place into effect on a final basis, to remand, or to disapprove such rates to the Commission. Existing Department of Energy
(DOE)procedures for public participation in power rate adjustments (10 CFR part 903) were published on September 18, 1985. Availability of Information All brochures, studies, comments, letters, memorandums, or other documents that Western initiates or uses to develop the proposed rates are available for inspection and copying at the CRSP Management Center, 150 East Social Hall Avenue, Suite 300, Salt Lake City, Utah. Many of these documents and supporting information are also available on its Web site under the “FY 2009 SLCA/IP Rate Adjustment” section located at: *http://www.wapa.gov/CRSP/ratescrsp/default.htm.* Regulatory Procedure Requirements Environmental Compliance In compliance with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321, *et seq.* ); the Council on Environmental Quality Regulations for implementing NEPA (40 CFR parts 1500-1508); and DOE NEPA Implementing Procedures and Guidelines (10 CFR part 1021), Western has determined this action is categorically excluded from preparing an environmental assessment or an environmental impact statement. Determination Under Executive Order 12866 Western has an exemption from centralized regulatory review under Executive Order 12866; accordingly, no clearance of this notice by the Office of Management and Budget is required. Dated: March 14, 2008. Timothy J. Meeks, Administrator. [FR Doc. E8-5868 Filed 3-21-08; 8:45 am] BILLING CODE 6450-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2008-001; FRL-8545-8] Protection of Stratospheric Ozone; Launch of Electronic Reporting System AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: EPA is prepared to receive, in electronic form, certain documents required under the regulations at 40 CFR Part 82 for the Stratospheric Ozone Protection Program. EPA is launching an electronic reporting system that will allow producers, importers, and exporters of Class I ozone-depleting substances (except methyl bromide) and Class II ozone-depleting substances to submit quarterly reports electronically. EPA believes that, for many users, electronic reporting will allow reporting to occur with greater ease, speed, and accuracy than the paper-based reporting systems. FOR FURTHER INFORMATION CONTACT: Jennifer Bohman, Stratospheric Protection Division, Office of Air and Radiation (6205J), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number:
(202)343-9548; fax number:
(202)343-2338; e-mail address: *bohman.jennifer@epa.gov.* Additional information, including the electronic reporting forms, training and guidance documents are found at *http://www.epa.gov/ozone/record/ereport.html.* SUPPLEMENTARY INFORMATION: I. General Information A. What Action is the Agency Taking? EPA is launching an electronic reporting system that will allow the electronic submission of certain quarterly reports. Over the past year, EPA has conducted a pilot effort to use and evaluate an electronic reporting system. EPA has refined the system based on recommendations from the pilot participants. EPA is now launching the electronic reporting system and providing an opportunity for all eligible participants to use the system. B. What Is the Agency's Authority for Taking This Action? EPA is establishing this electronic reporting system under section 603(b) of the Clean Air Act which states that “on a quarterly basis, or such other basis (not less than annually) as determined by the Administrator, each person who produced, imported, or exported a class I or class II substance shall file a report with the Administrator. * * *” EPA offers the electronic reporting system as an alternative to the existing paper-based reporting system. The electronic reporting system does not contain any new or additional requirements. The electronic reporting system is compliant with EPA's Cross Media Electronic Reporting Rule. C. What Reports Can Be Submitted Electronically? The electronic reporting system currently allows producers, importers, and exporters of Class I ozone-depleting substances (except methyl bromide) and Class II ozone-depleting substances to submit quarterly reports electronically. These quarterly reports, among others, are required under our regulations at 40 CFR 82.13 and 82.24. In addition to the quarterly report data, participants will also be able to submit supporting documents that would have been attached to hard copy reports under the previous system. EPA anticipates expanding the electronic reporting system to include additional reports required by the Stratospheric Ozone Protection Program's regulations. D. Am I Required To Submit Reports Electronically? EPA strongly encourages companies to use the electronic reporting system. EPA believes that electronic submission of data will be easier, faster, and more accurate. However, EPA will continue to accept paper reporting forms. E. How Is EPA Protecting Information Submitted Electronically? This electronic reporting system is compliant with the Cross Media Electronic Reporting Rule, a base standard that ensures the security of electronic data submissions. In addition, because reporting companies typically claim the quarterly report information as confidential, EPA has implemented robust measures to ensure protection of data submitted electronically, including digital electronic signatures and an encryption and decryption process that meets Agency and industry standards for data security. F. How Will I Know if EPA Received Information Submitted Electronically? EPA recognizes the importance of a smooth transition from a paper-based reporting system to an electronic reporting system. Submitters of electronic data will receive e-mail confirmation that EPA has received an electronic data submission. In addition, to ensure the new electronic process is established correctly on users' networks, EPA is requiring participants in electronic reporting to continue submitting hard-copy forms for the first two quarters they are submitting data electronically. G. How Do I Find Out More About Electronic Reporting? EPA is providing a number of training resources to assist companies who may wish to transition to the electronic reporting system. Interested companies will be able to download electronic reporting forms, training and guidance documents from EPA's Stratospheric Ozone Protection Program Web site at *http://www.epa.gov/ozone/record/ereport.html.* EPA will also host online training sessions to provide detailed instructions, demonstrations, and an open forum to discuss the online reporting system. Information on such outreach will be available on EPA's Web site. In addition, EPA will provide help desk assistance for companies as they develop and submit electronic reporting packages. Dated: March 18, 2008. Brian J. McLean, Director, Office of Atmospheric Programs. [FR Doc. E8-5879 Filed 3-21-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2008-0208; FRL-8356-8] Notice of Receipt of Requests for Amendments to Delete Uses in Certain Pesticide Registrations AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of request for amendments by registrants to delete uses in certain pesticide registrations. Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be amended to delete one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any request in the **Federal Register** . DATES: The deletions are effective by April 23, 2008. for registrations for which the registrant requested a waiver of the 180-day comment period. The Agency will consider a withdrawal request no later than April 23, 2008. Comments must be received on or before April 23, 2008, for those registrations where the 180-day comment period has been waived. Users of these products who desire continued use on crops or sites being deleted should contact the applicable registrant on or before April 23, 2008, for those registrations where the 180-day comment period has been waived. ADDRESSES: Submit your withdrawal request, identified by docket identification
(ID)number EPA-HQ-OPP-2008-0208, by one of the following methods: • *Mail* : Office of Pesticide Programs
(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is
(703)305-5805. FOR FURTHER INFORMATION CONTACT: Tracy Keigwin, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)305-6605; e-mail address: *keigwin.tracy@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. Although this action may be of particular interest to persons who produce or use pesticides, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the information in this notice, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Get Copies of this Document and Other Related Information? 1. *Docket* . EPA has established a docket for this action under docket ID number EPA-HQ-OPP-2008-0208. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the Office of Pesticide Programs
(OPP)Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is
(703)305-5805. 2. *Electronic access* . You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . II. What Action is the Agency Taking? This notice announces receipt by the Agency of applications from registrants to delete uses in certain pesticide registrations. These registrations are listed in Table 1 of this unit by registration number, product name, active ingredient, and specific uses deleted: **Table 1.—Registrations With Requests for Amendments to Delete Uses in Certain Pesticide Registrations** EPA Registration No. Product Name Active Ingredient Delete from Label 39967-10 Preventol A8 Technical Fungicide Tebuconazole Paint use 39967-13 Preventol A8 Preservative Tebuconazole Paint use 81598-2 Rotam Tebuconazole Technical Tebuconazole Terrestrial non-food (domestic outdoor) uses in paint as an additive against biodeterioration 82633-1 Sharda Tebuconazole Technical Fungicide Tebuconazole Use in the manufacture of paints and stains The registrants listed in table 2 of this unit have requested a waiver of the 180-day comment period and have agreed to a 30-day comment period. Users of these products who desire continued use on crops or sites being deleted should contact the applicable registrant before April 23, 2008, to discuss withdrawal of the application for amendment. This 30-day period will also permit interested members of the public to intercede with registrants prior to the Agency's approval of the deletion. Table 2 of this unit includes the names and addresses of record for all registrants of the products listed in Table 1 of this unit, in ascending sequence by EPA company number. **Table 2.—Registrants Requesting Amendments to Delete Uses in Certain Pesticide Registrations** EPA Company Number Company Name and Address 39967 Lanxess Corporation, 111 RIDC Park West Drive, Pittsburgh, PA 15275-1112 81598 IPM Resources LLC, Agent for Rotam Ltd., 660 Newton-Yardley Rd., Suite 105, Newtown, PA 18940 82633 Wagner Regulatory Associate, Inc., Agent for Sharda Worldwide Exports, Pvt. Ltd., P.O. Box 640, Hockessin, DE 19707 III. What is the Agency's Authority for Taking this Action? Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be amended to delete one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the **Federal Register** . Thereafter, the Administrator may approve such a request. IV. Procedures for Withdrawal of Request Registrants who choose to withdraw a request for use deletion must submit the withdrawal in writing to Tracy Keigwin using the methods in ADDRESSES . The Agency will consider written withdrawal requests no later than April 23, 2008. V. Provisions for Disposition of Existing Stocks The Agency has authorized the registrants to sell or distribute product under the previously approved labeling for a period of 18 months after approval of the revision, unless other restrictions have been imposed, as in special review actions. List of Subjects Environmental protection, Pesticides and pests. Dated: March 18, 2008. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. [FR Doc. E8-5878 Filed 3-21-08; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [FRL-8545-7] Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Brownfields Amendments, Section 104(k); Notice of Revisions to FY2009 Guidelines for Brownfields Assessment, Cleanup and Revolving Loan Fund Grants AGENCY: Environmental Protection Agency. ACTION: Notice. SUMMARY: Section 104(k)(5)(A)(iii) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) requires the U.S. Environmental Protection Agency
(EPA)to publish guidance to assist applicants in preparing proposals for grants to assess and clean up brownfield sites. EPA's Brownfields Program provides funds to empower states, communities, tribes and nonprofits to prevent, inventory, assess, clean up and reuse brownfield sites. In FY2009 EPA has revised the Brownfields Grant Proposal Guidelines (guidelines) and is soliciting comments on those revisions. EPA provides brownfields funding for three types of grants: assessment, revolving loan fund and cleanup. The major changes to the guidelines include: three separate booklets for each of the grant types; Assessment Coalitions which allow eligible entities of 3 or more to request up to $1 M dollars for hazardous substance or petroleum (or combined) community-wide assessments; ranking criteria based on a total score of 100; Community Notification is a threshold criterion; ranking criteria is four sections: Community Need, Project Feasibility, Community Engagement and Project Benefits; community based organization letters of support are required; and a Phase II report complete at time of application for a cleanup grant is required. DATES: Publication of this notice will start a ten working day comment period on revisions to the FY2009 Brownfields Grant Guidelines. Comments will be accepted through April 7, 2008. EPA expects to release a Request for Proposals based on these revised guidelines in late summer of 2008. ADDRESSES: The draft guidelines can be downloaded at: *http://www.epa.gov/brownfields/.* If you do not have internet access and require hard copies of the draft guidelines please contact Megan Quinn at
(202)566-2773. Please send any comments to Megan Quinn at *Quinn.Megan@epa.gov* no later than April 7, 2008. FOR FURTHER INFORMATION CONTACT: The U.S. EPA's Office of Solid Waste and Emergency Response, Office of Brownfields and Land Revitalization,
(202)566-2777. SUPPLEMENTARY INFORMATION: Comments will be accepted through April 7, 2008. Please note that in accordance with 5 U.S.C. 553(a)(2) EPA is not undertaking notice and comment rulemaking and has not established a docket to receive public comments on the guidelines. Rather, the Agency as a matter of policy is soliciting the views of interested parties on proposed changes to the guidelines in an effort to make the guidelines as responsive as possible to the needs of the public. Please note that these draft guidelines are subject to change. Organizations interested in applying for Brownfields funding must follow the instructions contained in the final guidelines that EPA publishes on *grants.gov,* rather than these draft guidelines. There are three types of grants applicants may apply for under these guidelines: 1. Brownfields Assessment Grants—provide funds to inventory, characterize, assess, and conduct cleanup and redevelopment planning and community involvement related to brownfield sites. 2. Brownfields Revolving Loan Fund Grants—provide funding for a grant recipient to capitalize a revolving loan fund and to provide subgrants to carry out cleanup activities at brownfield sites. 3. Brownfields Cleanup Grants—provide funds to carry out cleanup activities at a specific brownfield site owned by the applicant. The Catalogue of Federal Domestic Assistance entry for Brownfields Grants is 66.818. Dated: March 12, 2008. David R. Lloyd, Director, Office of Brownfields and Land Revitalization, Office of Solid Waste and Emergency Response. [FR Doc. E8-5880 Filed 3-21-08; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION Public Information Collection Requirement Submitted to OMB for Review and Approval, Comments Requested March 18, 2008. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act
(PRA)of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. Pursuant to the PRA, no person shall be subject to any penalty for failing to comply with a collection of information that does not display a valid control number. 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. DATES: Written Paperwork Reduction Act
(PRA)comments should be submitted on or before April 23, 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 contacts listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget, via Internet at *Nicholas_A._Fraser@omb.eop.gov* or via fax at
(202)395-5167 and to Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street, SW., Washington, DC or via Internet at *Cathy.Williams@fcc.gov.* To view a copy of this information collection request
(ICR)submitted to OMB:
(1)Go to the Web page *http://www.reginfo.gov/public/do/PRAMain,*
(2)look for the section of the Web page called “Currently Under Review,”
(3)click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading,
(4)select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box,
(5)click the “Submit” button to the right of the “Select Agency” box,
(6)when the list of FCC ICRs currently under review appears, look for the title of this ICR (or its OMB control number, if there is one) and then click on the ICR Reference Number to view detailed information about this ICR. FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection, contact Cathy Williams at
(202)418-2918. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-0653. *Title:* Sections 64.703(b) and (c), Consumer Information—Posting by Aggregators. *Form Number:* N/A. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit entities. *Number of Respondents:* 56,075. *Estimated Time per Response:* .017 to 3 hours. *Frequency of Response:* On occasion reporting requirement; third party disclosure requirement. *Total Annual Burden:* 172,631 hours. *Total Annual Cost:* $1,572,932. *Obligation to Respond:* Required to obtain or retain benefits. *Nature and Extent of Confidentiality:* An assurance of confidentiality is not offered because this information collection does not require the collection of personally identifiable information from individuals. *Privacy Impact Assessment:* No impact(s). *Needs and Uses:* The information collection requirements included under this OMB Control Number 3060-0653, requires aggregators (providers of telephones to the public or to transient users of their premises) under 47 U.S.C. 226(c)(1)(A), 47 CFR 64.703(b) of the Commission's rules, to post in writing, on or near such phones, information about the pre-subscribed operator services, rates, carrier access, and the FCC address to which consumers may direct complaints. Section 64.703(c) of the Commission's rules requires the posted consumer information to be added when an aggregator has changed the pre-subscribed operator service provider
(OSP)no later than 30 days following such change. Consumers will use this information to determine whether they wish to use the services of the identified OSP. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-5806 Filed 3-21-08; 8:45 am] BILLING CODE 6712-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Meeting of the Vaccine Safety Working Group AGENCY: Department of Health and Human Services, Office of the Secretary. ACTION: Notice. SUMMARY: The Department of Health and Human Services
(DHHS)is hereby giving notice that the National Vaccine Program Office
(NVPO)will convene a meeting of NVAC's Vaccine Safety Working Group. The meeting is open to the public. DATES: The meeting will be held on April 11, 2008, from 9 a.m. to 5 p.m. ADDRESSES: Department of Health and Human Services; Hubert H. Humphrey Building, Room 705A; 200 Independence Avenue, SW., Washington, DC 20201. FOR FURTHER INFORMATION CONTACT: Daniel Salmon, Vaccine Safety Specialist, National Vaccine Program Office, Department of Health and Human Services, Room 443-H Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201;
(202)260-1587 or *daniel.salmon@hhs.gov.* SUPPLEMENTARY INFORMATION: NVPO has responsibility for coordinating and ensuring collaboration among the many Federal agencies involved in vaccine and immunization activities. The NVPO provides leadership and coordination among Federal agencies, as they work together to carry out the goals of the National Vaccine Plan. The National Vaccine Plan provides a framework, including goals, objectives, and strategies, for pursuing the prevention of infectious diseases through immunizations. NVPO periodically convenes groups to address specific issues and topics that impact vaccine and immunization. The Vaccine Safety Working Group has been established to
(1)undertake and coordinate a scientific review of the draft Immunization Safety Office (Centers for Disease Control and Prevention) research agenda, and
(2)review the current vaccine safety system. Following the advice of the Institute of Medicine in its report “Vaccine Safety Research, Data Access and Public Trust” (February 17, 2005), this meeting of the Working Group is open to the public, noting that pubic attendance is limited to space available. Individuals must provide a photo ID for entry into the Humphrey Building. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the designated contact person. Members of the public will have the opportunity to provide comments at the meeting. Public comment will be limited to five minutes per speaker. Any members of the public who wish to have printed material distributed to meeting participants should submit materials to the NVPO staff person designated as the contact for additional information. All materials should be submitted to the designated point of contact no later than close of business April 9, 2008. Pre-registration is required for both public attendance and comment. Any individual who wishes to attend the meeting and/or participate in the public comment session should contact the designated staff member, Daniel Salmon, by e-mail *daniel.salmon@hhs.gov* or call 202-690-5566. Dated: March 18, 2008. Bruce Gellin, Director, National Vaccine Program Office. [FR Doc. E8-5892 Filed 3-21-08; 8:45 am] BILLING CODE 4150-44-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-08-08AU] Proposed Data Collections Submitted for Public Comment and Recommendations In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention
(CDC)will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the data collection plans and instruments, call 404-639-5960 and send comments to Maryam Daneshvar, CDC Acting Reports Clearance Officer, 1600 Clifton Road, MS-D74, Atlanta, GA 30333 or send an e-mail to *omb@cdc.gov.* Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Written comments should be received within 60 days of this notice. Proposed Project Assessing Problem Areas in Referrals for Chronic Hematologic Malignancies and Developing Interventions to Address Them—New—Division of Cancer Prevention and Control (DCPC), National Center for Chronic Disease Prevention and Health Promotion (NCCDPHP), Centers for Disease Control and Prevention (CDC). *Background and Brief Description:* One of the six aims of the Insitute of Medicine's *Crossing the Quality Chasm* report is to improve the timeliness of care for patients. Data from Europe and Canada, as well as single-site studies in the United States, allude to a problem of timely referral and diagnosis for patients with cancer. Despite the advent of new diagnostics and therapeutics for patients with chronic hematological malignancies, the size and scope of a potential problem regarding their referral from primary care providers to specialists is not well-defined in the current literature. CDC proposes to conduct a one-time study to collect qualitative and quantitative information on optimal and sub-optimal referral patterns for patients with confirmed or suspected chronic hematologic malignancies. Information will be collected to identify specific factors related to delays in diagnosis and/or referral to appropriate medical specialists. Information will be collected through in-depth interviews with hematologic cancer patients, in-depth interviews and focus groups with primary care providers, interviews with specialists in hematology and oncology in Texas, and a one-time postal survey to a sample of primary care providers (physicians and advance practice nurses) in Massachusetts. The ultimate goal is to develop tools that will improve the awareness, diagnosis, and referral of persons with chronic hematological cancers by primary care providers. There are no costs to respondents other than their time. Estimated Annualized Burden Hours Type of respondents Form name Number of respondents Number of responses per respondent Average burden per response (in hours) Total burden (in hours) Community Oncologists/Hematologists In-depth Interview Guide for Community Hematologists and Oncologists 27 1 1.5 41 Patients In-depth Interview Guide for Patients 27 1 1.5 41 Primary Care Providers Primary Care Provider Survey 300 1 20/60 100 Interview Guide for Primary Care Providers 27 1 1.5 41 Focus Group Guide for Primary Care Providers 18 1 2 36 Total 259 Dated: March 18, 2008. Marilyn S. Radke, Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E8-5859 Filed 3-21-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-08-0544] Proposed Data Collections Submitted for Public Comment and Recommendations In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention
(CDC)will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the data collection plans and instruments, call 404-639-5960 and send comments to Maryam I. Daneshvar, CDC Acting Reports Clearance Officer, 1600 Clifton Road, MS-D74, Atlanta, GA 30333 or send an e-mail to *omb@cdc.gov.* Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Written comments should be received within 60 days of this notice. Proposed Project NIOSH Customer Satisfaction Survey—Reinstatement—National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention. *Background and brief description:* The mission of the National Institute for Occupational Safety and Health (NIOSH) is to promote safety and health at work for all people through research and prevention. The Occupational Safety and Health Act, Public Law 91-596 (section 20[a] [1]) authorizes the National Institute for Occupational Safety and Health (NIOSH) to conduct research to advance the health and safety of workers. NIOSH conducted a baseline survey in 2003 to assess customer satisfaction with NIOSH communication products, services, and methods of dissemination [OMB no. 0920-0544 expired 03/31/2003]. The baseline survey established an initial benchmark for gauging the effectiveness of NIOSH's communication products, outreach services, and identified areas for improvement. NIOSH is conducting a follow-up Customer Satisfaction Survey of occupational safety and health professionals. A mail survey is planned with an option that will allow respondents to complete the survey electronically. The current survey is a 5-year follow-up designed to enable NIOSH to determine the current level of customer satisfaction and identify changes that have occurred in the intervening years. The purpose of this survey is to evaluate the effectiveness of NIOSH's communication and dissemination program as a whole in serving the broad occupational safety and health professional community by addressing five questions:
(1)To what extent are NIOSH communication products viewed as credible, useful sources of information on occupational safety and health issues?
(2)To what extent has NIOSH been successful in distributing its communication products to its primary and traditional audience?
(3)To what extent, and in what ways, have NIOSH communication products influenced workplace safety and health program policies and practices, or resolved other related issues?
(4)What improvements could be made in the nature of NIOSH communication products and/or their manner of delivery that could enhance their use and benefits?
(5)What is the reach and perceived importance of NIOSH outreach initiatives? The survey will be directed to the community of occupational safety and health professionals, as this audience represents the primary and traditional customer base for NIOSH information materials. For this purpose four major associations identified with occupational safety and health matters have indicated their willingness to partner with NIOSH on this follow-up survey, as they did on the baseline. These are the American Industrial Hygiene Association (AIHA), the American College of Occupational and Environmental Medicine (ACOEM), the American Association of Occupational Health Nurses (AAOHN), and the American Society of Safety Engineers (ASSE). There is no cost to respondents other than their time. *Estimated Annualized Burden Hours:* Type of respondent Form name No. of respondents No. responses per respondent Average burden per response (in hours) Total burden hours Industrial hygienists familiar with NIOSH NIOSH Customer Satisfaction Survey 193 1 20/60 64 Industrial hygienists not familiar with NIOSH NIOSH Customer Satisfaction Survey 8 1 6/60 1 Nurses familiar with NIOSH NIOSH Customer Satisfaction Survey 117 1 6/60 12 Nurses not familiar with NIOSH NIOSH Customer Satisfaction Survey 57 1 6/60 6 Physicians familiar with NIOSH NIOSH Customer Satisfaction Survey 103 1 20/60 34 Physicians not familiar with NIOSH NIOSH Customer Satisfaction Survey 53 1 6/60 5 Safety engineers familiar with NIOSH NIOSH Customer Satisfaction Survey 157 1 20/60 52 Safety engineers not familiar with NIOSH NIOSH Customer Satisfaction Survey 32 1 6/60 3 Total 177 Dated: March 18, 2008. Marilyn S. Radke, Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E8-5860 Filed 3-21-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day-08-0672] Agency Forms Undergoing Paperwork Reduction Act Review The Centers for Disease Control and Prevention
(CDC)publishes a list of information collection requests under review by the Office of Management and Budget
(OMB)in compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). To request a copy of these requests, call the CDC Reports Clearance Officer at
(404)639-5960 or send an e-mail to *omb@cdc.gov* . Send written comments to CDC Desk Officer, Office of Management and Budget, Washington, DC or by fax to
(202)395-6974. Written comments should be received within 30 days of this notice. Proposed Project Indicators of the Performance of Local, State, Territorial, and Tribal Education Agencies in HIV Prevention, Coordinated School Health Program, and Asthma Management Activities for Adolescent and School Health Programs—Reinstatement—National Center for Chronic Disease Prevention and Health Promotion (NCCDPHP), Centers for Disease Control and Prevention (CDC). Background and Brief Description The proposed project is an annual Web-based questionnaire to assess programmatic activities among local education agencies
(LEA)and state, territorial, and tribal government education agencies (SEAs, TEAs, and TGs) funded by the Division of Adolescent and School Health (DASH), Centers for Disease Control and Prevention. The questionnaires are referred to as the Indicators for School Health Programs. Currently, the Indicators for School Health Programs are the only standardized annual reporting process for HIV prevention activities or coordinated school health program
(CSHP)activities funded by DASH. There is no other standardized annual reporting process for HIV prevention activities or coordinated school health program
(CSHP)activities among LEAs and SEAs/TEAs/TGs funded by DASH. The data being gathered via the questionnaires:
(1)Provides standardized information about how HIV prevention, CSHP/physical activity, nutrition, and tobacco
(PANT)use, and asthma management funds are used by LEAs and SEAs/TEAs/TGs;
(2)assesses the extent to which programmatic adjustments are indicated;
(3)provides descriptive and process information about program activities; and
(4)provides greater accountability for use of public funds. The questionnaires are completed by the DASH-funded partners on a Web site managed by DASH. The questionnaires are to be completed ninety days after the end of each fiscal year. The Web-based questionnaires correspond to the specific funding source from the Division of Adolescent and School Health: two questionnaires pertain to HIV-prevention program activities among LEAs and SEAs/TEAs/TGs; one pertains to CSHP/PANT activities among SEAs/TGs; and one pertains to asthma management activities among LEAs. Two HIV prevention questionnaires include questions on project planning, materials distribution, professional development activities, provision of technical assistance, collaboration with external partners, and reducing health disparities among populations at disproportionate risk. CDC plans to implement minor changes in the HIV questionnaires beginning in year 2 of this clearance period. The CSHP/PANT questionnaire focuses on the activities above as well as on physical activity, healthy eating, and tobacco-use prevention activities. CDC plans to implement minor changes in the CSHP/PANT questionnaire beginning in year 2 of this clearance period. The asthma management questionnaire includes questions on project planning, materials distribution, professional development activities, provision of technical assistance, collaboration with external partners, reducing health disparities among populations at disproportionate risk, and health services. Information collection on asthma management programs will begin in year 2 of this clearance period. There are no costs to respondents other than their time to complete the survey. The total estimated annualized burden hours are 783. *Estimated Annualized Burden Hours:* Types of respondents Form name Number of respondents Number of responses per respondent Average burden per response (in hours) Local Education Agency Officials Indicators for School Health Programs: HIV Prevention
(LEA)17 1 7 State and Territorial Education Agency Officials Indicators for School Health Programs: HIV Prevention
(SEA)55 1 7 State Education Agency Officials Indicators for School Health Programs: Coordinated School Health Programs 23 1 10 Local Education Agency Officials Indicators for School Health Programs: Asthma Management
(LEA)7 1 7 Dated: March 18, 2008. Marilyn S. Radke, Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E8-5861 Filed 3-21-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day-08-0008] Agency Forms Undergoing Paperwork Reduction Act Review The Centers for Disease Control and Prevention
(CDC)publishes a list of information collection requests under review by the Office of Management and Budget
(OMB)in compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). To request a copy of these requests, call the CDC Reports Clearance Officer at
(404)639-5960 or send an e-mail to *omb@cdc.gov.* Send written comments to CDC Desk Officer, Office of Management and Budget, Washington, DC 20503 or by fax to
(202)395-6974. Written comments should be received within 30 days of this notice. Proposed Project Hazardous Substances Emergency Events Surveillance (HSEES)—Extension—(OMB Control #0923-0008), Agency for Toxic Substances and Disease Registry (ATSDR), Centers for Disease Control and Prevention (CDC). Background and Brief Description The Agency for Toxic Substances and Disease Registry (ATSDR) is mandated pursuant to the 1980 Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and its 1986 Amendments, The Superfund Amendments and Reauthorization Act (SARA), to prevent or mitigate adverse human health effects and diminished quality of life resulting from the exposure to hazardous substances into the environment. The primary purpose of this activity, which ATSDR has supported since 1992, is to develop, implement, and maintain a state-based surveillance system for hazardous substances emergency events which can be used to
(1)describe the distribution of the hazardous substances releases;
(2)describe the public health consequences (morbidity, mortality, and evacuations) associated with the events;
(3)develop strategies to reduce future public health consequences. The study population will consist of all hazardous substance non-permitted acute releases within the 14 states (Colorado, Florida, Iowa, Louisiana, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Texas, Utah, Washington, and Wisconsin) participating in the surveillance system. Until this system was developed and implemented, there was no national public health-based surveillance system to coordinate the collation, analysis, and distribution of hazardous substances emergency release data to public health practitioners. It was necessary to establish this national surveillance system which describes the public health impact of hazardous substances emergencies on the health of the population of the United States. The data collection form will be completed by the state health department Hazardous Substances Emergency Events Surveillance (HSEES) coordinator using a variety of sources including written and oral reports from environmental protection agencies, police, firefighters, emergency response personnel; or researched by the HSEES coordinator using material safety data sheets, and chemical handbooks. There is a reduction in the annual burden hours per response because of the reduction in number of states from 15 to 14 and because of a change in the case definition of an HSEES event in 2005, which excludes stack emissions of oxides of nitrogen (NO <sup>X</sup> ), oxides of sulfur (SOx), and carbon monoxide
(CO)when they are not mixed with another hazardous substance. The HSEES public use data set is available on the ATSDR HSEES Web site. Interested parties complete a brief description of who will be using the data and for what purpose in order to download the data. This allows ATSDR to widely distribute the data and track its usefulness. The estimated annual burden hours are 5,678. There is no cost to the respondents other than their time. *Estimated Annualized Burden Hours:* Respondents Number of respondents Number of responses per respondent Average burden per response (in hours) Participating State Health Department HSEES Coordinators 14 536 45/60 Persons interested in HSEES data through Web site 500 1 6/60 Dated: March 18, 2008. Marilyn S. Radke, Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E8-5862 Filed 3-21-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention The Centers for Disease Control and Prevention (CDC), Food and Drug Administration (FDA), and National Institutes of Health
(NIH)Announce An Open Meeting Concerning Antimicrobial Resistance *Name:* A Public Health Action Plan to Combat Antimicrobial Resistance (Part I: Domestic Issues): Meeting for Public Comment on the Antimicrobial Resistance Interagency Task Force Annual Report. *Times and Dates:* 12:30 p.m.--2 p.m., Wednesday, June 25, 2008. *Place:* Hyatt Regency Bethesda, Bethesda, Maryland, One Bethesda Metro Center (7400 Wisconsin Ave), Bethesda, Maryland, USA 20814; Tel: 1-301-652-2000; Fax: 1-301-652-4525). *Status:* Open to the public, limited only by the space available. *Purpose:* To present the annual report of progress by Federal agencies in accomplishing activities outlined in *A Public Health Action Plan to Combat Antimicrobial Resistance (Part I: Domestic Issues)* and solicit comments from the public regarding the annual report. The *Action Plan* serves as a blueprint for activities of Federal agencies to address antimicrobial resistance. The focus of the plan is on domestic issues. *Matters to be Discussed:* The agenda will consist of welcome and introductory comments, an executive summary, and brief reports in four focus areas: Surveillance, Prevention and Control, Research, and Product Development. The Task Force will also provide a brief review of progress on updating the *Action Plan* . The meeting will then be open for comments from the general public. Comments and suggestions from the public for Federal agencies related to each of the focus areas will be taken under advisement by the Antimicrobial Resistance Interagency Task Force. The agenda does not include development of consensus positions, guidelines, or discussions or endorsement of specific commercial products. The *Action Plan* , Annual Report, and meeting agenda will be available at *http://www.cdc.gov/drugresistance* . The public meeting is sponsored by the CDC, FDA, and NIH in collaboration with seven other Federal agencies and departments that were involved in developing and writing *A Public Health Action Plan to Combat Antimicrobial Resistance (Part I: Domestic Issues)* . Agenda items are subject to change as priorities dictate. Limited time will be available for oral comments, and suggestions from the public. Depending on the number wishing to comment, a time limit of three minutes may be imposed. In the interest of time, visual aids will not be permitted, although written material may be submitted for subsequent review by the Task Force. Written comments and suggestions from the public are encouraged and should be received by the contact person listed below prior to the opening of the meeting or no later than the end of July 2008. Persons anticipating attending the meeting are requested to send written notification to the contact person below by June 2, 2008, including name, organization (if applicable), address, telephone, fax, and e-mail address. *Contact Person for More Information:* Gregory J. Anderson, Office of Antimicrobial Resistance, CCID/CDC, Mailstop A-07, 1600 Clifton Road, NE., Atlanta, GA 30333; telephone 404-639-3539; fax 404-639-7444. E-mail: *gca5@cdc.gov* . Dated: March 11, 2008. James D. Seligman, Chief Information Officer, Centers for Disease Control and Prevention (CDC). [FR Doc. E8-5858 Filed 3-21-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services Notice of Hearing: Reconsideration of Disapproval of Texas State Plan Amendment
(SPA)07-011 AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice of Hearing. SUMMARY: This notice announces an administrative hearing to be held on May 7, 2008, at the CMS Dallas Regional Office, 1301 Young Street, Room 1196, Dallas, Texas 75202, to reconsider CMS' decision to disapprove Texas SPA 07-011. *Closing Date:* Requests to participate in the hearing as a party must be received by the presiding officer by April 8, 2008. FOR FURTHER INFORMATION CONTACT: Kathleen Scully-Hayes, Presiding Officer, CMS, 2520 Lord Baltimore Drive, Suite L, Baltimore, Maryland 21244, Telephone:
(410)786-2055. SUPPLEMENTARY INFORMATION: This notice announces an administrative hearing to reconsider CMS' decision to disapprove Texas SPA 07-011 which was submitted on September 24, 2007, and disapproved on December 20, 2007. Under this SPA, the State proposed to revise the Medicaid reimbursement methodology for “birthing center facility” services by eliminating the 2.5 percent rate reduction implemented September 1, 2003. The amendment was disapproved because “birthing center services” are not a recognized service within the scope of “medical assistance” under section 1905(a) of the Social Security Act (the Act), and “birthing center facility services” are not a recognized provider type under that section. Thus payment to birthing centers is not consistent with the requirements of sections 1902(a)(10)(A) and 1902(a)(32) of the Act. Section 1905(a) of the Act defines those services eligible for medical assistance under Medicaid, generally based on the type of provider or practitioner. Birthing centers are not a recognized type of provider or facility eligible for payment under that section. Nurse midwife services are a recognized service under section 1905(a)(17) of the Act. On June 29, 2006, CMS disapproved Texas SPAs 04-33(b) and 06-004 for the same reasons cited above. The State did not appeal either of these disapprovals. Through those prior disapprovals, CMS notified Texas of its concern that there is no statutory or regulatory authority for birthing center facility payments that are part of the current approved Medicaid State plan. The hearing will involve the following issues: • Whether there is legal authority to provide payment to birthing center facility services in the absence of any statutory authorization for coverage of birthing center facility services. • Whether the express authorization of coverage for “nurse midwife services” as a recognized service under section 1905(a)(17) of the Act identifies the provider of such services as the nurse midwife practitioner rather than as the birthing center. • Whether direct payment for nurse midwife services can be made to persons or entities other than the nurse midwife, consistent with section 1902(a)(32) of the Act, which provides that payment under the plan may only be made to the provider or practitioner, except under very limited circumstances. Section 1116 of the Act and Federal regulations at 42 CFR Part 430 establish Department procedures that provide an administrative hearing for reconsideration of a disapproval of a State plan or plan amendment. CMS is required to publish a copy of the notice to a State Medicaid agency that informs the agency of the time and place of the hearing, and the issues to be considered. If we subsequently notify the agency of additional issues that will be considered at the hearing, we will also publish that notice. Any individual or group that wants to participate in the hearing as a party must petition the presiding officer within 15 days after publication of this notice, in accordance with the requirements contained at 42 CFR 430.76(b)(2). Any interested person or organization that wants to participate as *amicus curiae* must petition the presiding officer before the hearing begins in accordance with the requirements contained at 42 CFR 430.76(c). If the hearing is later rescheduled, the presiding officer will notify all participants. The notice to Texas announcing an administrative hearing to reconsider the disapproval of its SPA reads as follows: Mr. Chris Traylor, State Medicaid CHIP Director, Texas Health and Human Services Commission, P.O. Box 13247, Austin, TX 78711. Dear Mr. Traylor: I am responding to your request for reconsideration of the decision to disapprove the Texas State plan amendment
(SPA)07-011, which was submitted on September 24, 2007, and disapproved on December 20, 2007. Under this SPA, the State proposed to revise the reimbursement methodology for Medicaid services delivered as “birthing center facility” services by eliminating the 2.5 percent rate reduction implemented September 1, 2003. The amendment was disapproved because “birthing center services” are not a recognized service within the scope of “medical assistance” under section 1905(a) of the Social Security Act (the Act), and “birthing center facility services” are not a recognized provider type under that section. Thus, payment to birthing centers is not consistent with the requirements of sections 1902(a)(10)(A) and 1902(a)(32) of the Act. Section 1905(a) of the Act defines those services eligible for medical assistance under Medicaid, generally based on the type of provider or practitioner. Birthing centers are not a recognized type of provider or facility eligible for payment under that section. Nurse midwife services are a recognized service under section 1905(a)(17) of the Act. On June 29, 2006, CMS disapproved Texas SPAs 04-33(b) and 06-004 for the same reasons cited above. The State did not appeal either of these disapprovals. Through those prior disapprovals, CMS notified Texas of its concern that there is no statutory or regulatory authority for birthing center facility payments that are part of the current approved Medicaid State plan. The hearing will involve the following issues: • Whether there is legal authority to provide payment to birthing center facility services in the absence of any statutory authorization for coverage of birthing center facility services. • Whether the express authorization of coverage for “nurse midwife services” as a recognized service under section 1905(a)(17) of the Act identifies the provider of such services as the nurse midwife practitioner, rather than as the birthing center. • Whether direct payment for nurse midwife services can be made to persons or entities other than the nurse midwife, consistent with section 1902(a)(32) of the Act, which provides that payment under the plan may only be made to the provider or practitioner, except under very limited circumstances. I am scheduling a hearing on your request for reconsideration to be held on May 7, 2008, at the CMS Dallas Regional Office, 1301 Young Street, Room 1196, Dallas, Texas 75202, in order to reconsider the decision to disapprove SPA 07-011. If this date is not acceptable, we would be glad to set another date that is mutually agreeable to the parties. The hearing will be governed by the procedures prescribed by Federal regulations at 42 CFR Part 430. I am designating Ms. Kathleen Scully-Hayes as the presiding officer. If these arrangements present any problems, please contact the presiding officer at
(410)786-2055. In order to facilitate any communication which may be necessary between the parties to the hearing, please notify the presiding officer to indicate acceptability of the hearing date that has been scheduled and provide names of the individuals who will represent the State at the hearing. Sincerely, Kerry Weems Acting Administrator Section 1116 of the Social Security Act (42 U.S.C. section 1316; 42 CFR section 430.18) (Catalog of Federal Domestic Assistance program No. 13.714, Medicaid Assistance Program.) Dated: March 14, 2008. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E8-5881 Filed 3-21-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request *Title:* LIHEAP Quarterly Allocation Estimates, Form ACF535. *OMB No.:* 0970-0037. *Description:* The LIHEAP Quarterly Allocation Estimates, ACF Form-535 is a one-page form that is sent to 50 State grantees and to the District of Columbia. It is also sent to Tribal Government grantees that receive over $1 million annually for the Low Income Home Energy Assistance Program (LIHEAP). Grantees are asked to complete and submit the form in the 4th quarter of each year. The data collected on the form are grantees estimates of obligations they expect to make each quarter for the upcoming fiscal year for the LIHEAP program. This is the only method used to request anticipated distributions of the grantees' LIHEAP funds. The information is used to develop apportionment requests to OMB and to make grant awards based on grantees' anticipated needs. Information collected on this form is not available through any other Federal source. Submission of the form is voluntary. *Respondents:* State Governments, Tribal Governments that receive over $1 million annually, and the District of Columbia. Annual Burden Estimates Instrument Number of respondents Number of responses per respondent Average burden hours per response Total burden hours LIHEAP: Quarterly Allocation Estimates, Form ACF-535 55 55 .25 13.75 Estimated Total Annual Burden Hours: 13.75. Additional Information Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Administration, Office of Information Services, 370 L'Enfant Promenade, SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. All requests should be identified by the title of the information collection. E-mail address: *infocollection@acf.hhs.gov* . OMB Comment OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the **Federal Register** . Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork Reduction Project, Fax: 202-395-6974, Attn: Desk Officer for the Administration for Children and Families. Dated: March 17, 2008. Janean Chambers, Reports Clearance Officer. [FR Doc. E8-5761 Filed 3-21-08; 8:45 am] BILLING CODE 4184-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Ophthalmic Devices Panel of the Medical Devices Advisory Committee; Notice of Meeting AGENCY: Food and Drug Administration, HHS. ACTION: Notice. This notice announces a forthcoming meeting of a public advisory committee of the Food and Drug Administration (FDA). The meeting will be open to the public. *Name of Committee* : Ophthalmic Devices Panel of the Medical Devices Advisory Committee. *General Function of the Committee* : To provide advice and recommendations to the agency on FDA's regulatory issues. *Date and Time* : The meeting will be held on April 24 and 25, 2008, from 8:30 a.m. to 5 p.m. *Location* : Gaithersburg Holiday Inn, Ballroom, 2 Montgomery Village Ave., Gaithersburg, MD. *Contact Person* : Karen F. Warburton, Center for Devices and Radiological Health, Food and Drug Administration, 9200 Corporate Blvd., Rockville, MD 20850, 240-276-4238, or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area), code 3014512396. Please call the Information Line for up-to-date information on this meeting. A notice in the **Federal Register** about last minute modifications that impact a previously announced advisory committee meeting cannot always be published quickly enough to provide timely notice. Therefore, you should always check the agency's Web site and call the appropriate advisory committee hot line/phone line to learn about possible modifications before coming to the meeting. *Agenda* : On April 24, 2008, the committee will discuss, make recommendations, and vote on a premarket approval application, sponsored by VisionCare Technologies, Inc., for an implantable miniature telescope (IMT). The IMT, a visual prosthetic device, is indicated for monocular implant in patients with stable, moderate to profound central vision impairment due to bilateral central scotomas associated with end-stage macular degeneration with geographic atrophy or disciform scar, foveal involvement, and cataract. On April 25, 2008, the committee will discuss general issues concerning the post market experience with phakic intraocular lenses and laser-assisted in situ keratomileusis (LASIK). FDA intends to make background material available to the public no later than 2 business days before the meeting. If FDA is unable to post the background material on its Web site prior to the meeting, the background material will be made publicly available at the location of the advisory committee meeting, and the background material will be posted on FDA's Web site after the meeting. Background material is available at *http://www.fda.gov/ohrms/dockets/ac/acmenu.htm* , click on the year 2008 and scroll down to the appropriate advisory committee link. *Procedure* : Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee. Written submissions may be made to the contact person on or before April 15, 2008. Oral presentations from the public will be scheduled on April 24, 2008, between approximately 9:30 a.m. and 10 a.m. and between approximately 3:30 p.m. and 4 p.m.; and on April 25, 2008, between approximately 10 a.m. and 11:15 a.m. and between approximately 3 p.m. and 4 p.m. Those desiring to make formal oral presentations should notify the contact person and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation on or before April 7, 2008. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled open public hearing session, FDA may conduct a lottery to determine the speakers for the scheduled open public hearing session. The contact person will notify interested persons regarding their request to speak by April 8, 2008. Persons attending FDA's advisory committee meetings are advised that the agency is not responsible for providing access to electrical outlets. FDA welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact AnnMarie Williams, Conference Management staff, at 240-276-8932, at least 7 days in advance of the meeting. FDA is committed to the orderly conduct of its advisory committee meetings. Please visit our Web site at *http://www.fda.gov/oc/advisory/default.htm* for procedures on public conduct during advisory committee meetings. Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. app. 2). Dated: March 14, 2008. Randall W. Lutter, Deputy Commissioner for Policy. [FR Doc. E8-5810 Filed 3-21-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Proposed Collection; Comment Request; Inventory and Evaluation of Clinical Research Networks SUMMARY: In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed data collection projects, the National Center for Research Resource (NCRR), the National Institutes of Health
(NIH)will publish periodic summaries of proposed projects to be submitted to the Office of Management and Budget
(OMB)for review and approval. *Proposed Collection: Title:* Inventory and Evaluation of Clinical Research Networks. *Type of Information Collection Request:* Revision of OMB # 0925-0550. *Expiration:* 07/31/08. *Need and Use of Information Collection:* Through the original data collection, the IECRN project identified and surveyed clinical research networks to obtain data for two purposes:
(1)To create a web-based inventory of clinical research networks that can be accessed by the clinical research community and the general public and
(2)to prepare a detailed description of existing network practices from a sample of identified networks. The current request is to continue collecting data for the first purpose only. The instrument known as the *Core Survey* will be used to collect information to confirm that the respondent is truly a clinical research network, plus basic characteristics about each identified clinical research network to be included in the web-based inventory. The information for the inventory database includes the network's name, address, contact information, funding sources, age, geographic coverage, size, composition, and populations and diseases of focus. Permission to post the network's data in the web-based public inventory will be requested, and only those networks that agree will have their information posted. Currently the inventory includes “network profiles” for approximately 270 clinical research networks. While this number is believed to represent most of the existing networks, some networks have not yet been identified, are unaware of the existence of the inventory, or are newly formed since the original data collection occurred. In addition, each network in the inventory is requested annually to update the information posted in its “network profile” to ensure that the inventory is complete and accurate. *Frequency of Response:* Once ( *Core Survey* ), Annually ( *Network Updates* ). *Affected Public:* Individuals. *Type of Respondents:* Health Professionals (Physicians and others involved in research networks). Table A 12.1—Estimate of Annual Hour Burden and Annualized Cost to Respondents Type of respondent Number of responses Frequency of response Length of response Annual hour burden Hourly wage rate Respondent cost Core Survey: Principal Investigator 20 1 0.25 (15 minutes) 5 $70.00 $350.00 Annual Update: PI/network contact 280 1 .1667 (10 minutes) 46.7 70.00 3,269.00 Total 51.7 3,619.00 The annualized cost to respondents is estimated at: $3,619.00. There are no Capital Costs to report. There are no Operating or Maintenance Costs to report. *Request for Comments:* Written comments and/or suggestions from the public and affected agencies are invited on one or more of the following points:
(1)Whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility;
(2)The accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)Ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)Ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. FOR FURTHER INFORMATION CONTACT: To request more information on the proposed project or to obtain a copy of the data collection plans and instruments, contact Dr. Jody Sachs, National Center for Research Resources, NIH, Room 917, 6701 Rockledge Drive, Bethesda, MD 20892-4874, or call 301-435-0802. *Comments Due Date:* Comments regarding this information collection are best assured of having their full effect if received within 60-days of the date of this publication. Dated: March 18, 2008. Jody Sachs, Project Officer, NCRR, National Institutes of Health. [FR Doc. E8-5816 Filed 3-21-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Government-Owned Inventions; Availability for Licensing AGENCY: National Institutes of Health, Public Health Service, HHS ACTION: Notice SUMMARY: The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing. ADDRESSES: Licensing information and copies of the U.S. patent applications listed below may be obtained by writing to the indicated licensing contact at the Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852-3804; telephone: 301/496-7057; fax: 301/402-0220. A signed Confidential Disclosure Agreement will be required to receive copies of the patent applications. HIV Monoclonal Antibodies *Description of Technology:* This technology describes several hybridomas that produce monoclonal antibodies
(mAbs)useful in HIV research applications. The mAbs are specific for either gp41 or gp120. In particular, the hybridomas producing mAbs designated D19, D56, M12, T8 and T24 (all anti-gp120), and T32 and T33 (gp41 specific) were found to be of particular utility. Additional hybridomas expressing mAbs disclosed in the publications may also be available. *Applications:* HIV research. *Development Status:* Murine hybridomas available; T32 mAb available. *Inventors:* Bernard Moss, Patricia Earl, Christopher Broder, and Robert Doms (NIAID). Publications: 1. PL Earl, CC Broder, RW Doms, B Moss. Epitope map of human immunodeficiency virus type 1 gp41 derived from 47 monoclonal antibodies produced by immunization with oligomeric envelope protein. J Virol. 1997 Apr;71(4):2674-2684. 2. U.S. Patents 6,039,957 and 6,171,596 (gp140 mAbs). 3. PL Earl, CC Broder, D Long, SA Lee, J Peterson, S Chakrabarti, RW Doms, B Moss. J Virol. 1994 May;68(5):3015-3026 (gp140 mAbs). Patent Status: HHS Reference No. E-109-2008/0 (anti-gp41mAbs)—Research Tool. Patent protection is not being pursued for this technology. HHS Reference No. E-200-1993/1 (anti-gp140 mAbs). *Licensing Status:* Available for biological materials licensing only; the IP that includes descriptions of the anti-gp120 and gp41 mAbs is available for exclusive or non-exclusive licensing. *Licensing Contact:* Susan Ano, PhD; 301-435-5515; *anos@mail.nih.gov.* *Collaborative Research Opportunity:* The NIAID/DIR/LVD is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize HIV Monoclonal Antibodies. Please contact either Michael Pizali or Dana Hsu at 301-496-2644 for more information. Epoxy-guaiane Cancer Inhibitors: New Class of Natural Products Isolated from the African Plant Phyllanthus englerii *Description of Technology:* The present invention involves the observation of renal selective inhibitory activity by the extracts of the African plant Phyllanthus englerii. Bioassay-guided fractionation of the purified extracts revealed a series of novel chemical entities which are named Englerin A-F. The englerins and their derivatives are useful in the treatment of a number of cancers, particularly renal cancer. The englerins exhibit selective and potent renal cell inhibitory activity *in vitro.* These compounds are recoverable in reasonable yield from natural product extracts and are considered to be reasonably tractable for synthetic chemistry schemes. Sufficient supply of several analogs had been extracted from repository samples for identification and initial biological characterization. Subsequent five-dose testing in the NCI60 screening panel indicated and confirmed impressive renal-selective activity. *Applications:* The new chemical entities can be potential cancer therapeutics, especially for renal cancer. Advantages: There is reasonable yield and recovery of the compounds from the natural product extracts. The synthetic chemistry schemes for synthesis of these compounds are considered to be reasonably tractable. *Development Status:* Proof of concept in vitro studies have been completed and further in vitro and in vivo animal model studies are ongoing. *Inventors:* John A. Beutler et al. (NCI). *Relevant Publication:* S. Sutthivaiyakit et al. A novel 29-nor-3,4-seco-friedelane triterpene and a new guaiane sesquiterpene from the roots of Phyllanthus oxyphyllus. Tetrahedron 2003 Dec 8;59(50):9991-9995. *Patent Status:* U.S. Provisional Application No. 61/018,938 filed 04 Jan 2008 (HHS Ref. No. E-064-2008/0-US-01). *Licensing Status:* Available for exclusive or non-exclusive licensing. *Licensing Contact:* Surekha Vathyam, PhD; 301-435-4076; *vathyams@mail.nih.gov.* *Collaborative Research Opportunity:* The National Cancer Institute Molecular Targets Development Program is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize epoxy-guaiane cancer inhibitors. Please contact John D. Hewes, Ph.D. at 301-435-3121 or *hewesj@mail.nih.gov* for more information. VEGF-B as a Therapeutic Agent for Neurodegenerative Disease *Description of Technology:* This technology identifies vascular endothelial growth factor-B (VEGF-B) as a potent inhibitor of apoptosis in neuronal and other types of cells, and highlights its ability to rescue these cells from apoptosis in the brain and retina. Members of the VEGF family of proteins are noted for their angiogenic and blood vessel permeabilizing abilities. Some members of this family, such as VEGF-A, may promote neurogenesis; however, the neuroprotective effects are accompanied by inherent angiogenic and vessel permeabilizing activities, which make VEGF-A treatment unsuitable for clinical use as neuroprotective agents. The inventor has recently discovered that unlike the other VEGF family members, the neuroprotective effects of VEGF-B are not associated with undesired angiogenesis or increased blood vessel permeability, but rather through inhibiting apoptosis via suppressing the expression of the apoptotic/cell death related genes (1). This discovery, that the use of VEGF-B can protect endangered neurons from death and avoid the undesirable effects associated with other VEGF family members, makes it a promising candidate for the treatment of neurodegenerative and other diseases that involve neuronal impairment and/or excessive apoptosis, such as muscular dystrophy, stroke, brain injury, myocardial infarction, ischemic renal damage, etc. In-vivo trials have already demonstrated the efficacy of VEGF-B as a therapeutic agent. VEGF-B has shown efficacy in mouse models suffering from optic nerve crush injury (ONC). ONC induces the apoptotic death of retinal ganglion cells
(RGCs)in the retina. However, intravitreal administration of a single dose of the VEGF-B protein significantly restored the number of RGCs by 1.7 fold, demonstrating the potential use of the protein in treating degenerative ocular diseases, such as glaucoma. Similar results were obtained when exogenous administration of VEGF-B to the brain cortex was shown to significantly reduce ischemia-induced stroke volume and to protect neurons from apoptosis in the brain. Further, intracerebroventricular injection of VEGF-B in mutant knockout mice lacking the gene for VEGF-B (VEGFB-KO) has caused a complete reversal of neuronal impairment and restored neurogenesis back to normal levels. *Applications:* VEGF-B as a powerful therapeutic agent for use in a wide range of therapeutic intervention regimes where neuronal repair and inhibition of apoptosis are required. *Inventors:* Xuri Li (NEI). Relevant Publications 1. Yang Li, Fan Zhang, Nobuo Nagai, Zhongshu Tang, Shuihua Zhang, Pierre Scotney, Johan Lennartsson, Chaoyong Zhu, Yi Qu, Changge Fang, Jianyuan Hua, Osamu Matsuo, Guo-Hua Fong, Hao Ding, Yihai Cao, Kevin G. Becker, Andrew Nash, Carl-Henrik Heldin, and Xuri Li. VEGF-B inhibits apoptosis via VEGFR-1-mediated suppression of the expression of BH3-only protein genes in mice and rats. J Clin Invest. 2008 Mar 3;118(3):913-923. Published online 2008 Feb 7, doi 10.1172/JCI33673. 2. Yunjuan Sun, Kunlin Jin, Jocelyn T. Childs, Lin Xie, Xiao Ou Mao, David A. Greenberg. Vascular endothelial growth factor-B (VEGFB) stimulates neurogenesis: Evidence from knockout mice and growth factor administration. Dev Biol. 2006 Jan 15;289(2):329-335. *Patent Status:* U.S. Provisional Application No. 60/972,780 filed 15 Sep 2007 (HHS Reference No. E-154-2007/0-US-01). *Licensing Status:* Available for exclusive or non-exclusive licensing. *Licensing Contact:* Jasbir (Jesse) S. Kindra, J.D., M.S.; 301-435-5170; * kindraj@mail.nih.gov* . *Collaborative Research Opportunity:* The National Eye Institute, NIH, Office of Scientific Director, Unit of Retinal Vascular Neurobiology, is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize VEGF-B as a therapeutic agent in treating various types of degenerative (neural, vascular, muscular, etc.) diseases, and to study the molecular and cellular mechanisms involved. Please contact John D. Hewes, PhD at 301-435-3121 or *hewesj@mail.nih.gov* for more information. Rapid Clostridium botulinum Diagnostic for Food Safety and Biodefense Applications *Description of Technology:* The urgent need for a rapid diagnostic test capable of detecting all serotypes of *C. botulinum* is well known. Botulinum neurotoxins (BoNTs) are the most potent biological toxins known and are categorized as category A biodefense agents because of lethality and ease of production. BoNTs are also one of the most deadly agents associated with food poisoning. Current diagnostic methods include clinical observation of symptoms that could be mistaken for other neurological conditions and a mouse protection bioassay that takes as long as four days and has a number of disadvantages. The subject technology utilizes unique PCR primers for the detection of the non-toxin non-hemaglutinin
(NTNH)gene of *C. botulinum* ; this gene is highly conserved in all *C. botulinum* toxin types and subtypes. Thus, samples that contain botulinum can be determined regardless of serotype involved, providing a universal means of diagnosis. Further, the technology describes different PCR primers and flurogenic probes for a BoNT-specific assay. The type-specific assay can be used independently or in conjunction with the universal assay described above. The universal and type-specific assays were successfully used first to identify positively botulinum DNA samples in a test of botulinum and non-botulinum clostridia species then to determine the toxin type. The diagnostic testing described by the subject technology requires less significantly less time than the current gold standard diagnostic tests. *Applications:* Universal diagnostic test for *C. botulinum* ; Diagnostic test for *C. botulinum* capable of detecting all seven toxin types; Combination diagnostic; Food safety applications; Biodefense applications. *Development Status:* Fully developed. *Inventors:* Daniel C. Douek *et al.* (VRC/NIAID). *Patent Status:* U.S. Provisional Application No. 60/884,539 filed 11 Jan 2007 (HHS Reference No. E-046-2007/0-US-01); PCT Patent Application No. PCT/US2008/50872 filed 11 Jan 2008 (HHS Reference No. E-046-2007/0-PCT-02). *Licensing Status:* Available for non-exclusive or exclusive licensing. *Licensing Contact:* Susan Ano, PhD; 301/435-5515; *anos@mail.nih.gov* . *Collaborative Research Opportunity:* The NIAID is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize “Rapid *Clostridium botulinum* Diagnostic for Food Safety and Biodefense Applications.” Please contact either Rosemary Walsh or Barry Buchbinder at 301-496-2644 for more information. Prolidase Expression Construct Useful as Anti-Angiogenesis Screen *Description of Technology:* The technology describes a prolidase expression construct and a method of using the construct to isolate stable transfectants with high prolidase expression. Specifically, a human colorectal cancer cell line
(RKO)was transfected with a plasmid (pcDNA3.1) expressing prolidase cDNA. Using this cell line, the inventors found that extracellular matrix degradation is associated with the prolidase-dependent activation of the hypoxia/inflammation pathway. The construct and transfectants can also be used to study other regulatory functions of prolidase. Applications *Prolidase as a target for anti-angiogenesis drugs:* Angiogenesis, a prerequisite for tumor growth, requires proteolysis of the extracellular matrix (ECM). Prolidase participates in the degradation of the ECM by hydrolyzing collagen dipeptides having C-terminal proline or hydroxyproline. Current anti-angiogenic approaches target matrix metalloproteinase activity, but this can cause musculoskeletal complications. By modulating prolidase activity to inhibit the degradation of the ECM, it may be possible to provide an alternative anti-angiogenic approach with fewer side effects. The prolidase construct and transfected cell lines could be used as a screen for prolidase modulators, which could be developed as anti-angiogenesis agents. *Prolidase as a target for anti-inflammatory drugs and wound-healing agents:* Inherited prolidase deficiency is also associated with defective wound healing, extensive skin alterations, and immunodeficiency. Products from the prolidase activity screen may also have potential use in patients with prolidase deficiency, chronic inflammation, or problematic wound healing. *Development Status:* Pre-clinical stage. *Inventors:* Yongmin Liu (NCI), Arkadiusz Surazynski (NCI), James M. Phang (NCI), Sandra K. Cooper (NCI/SAIC), Steven P. Donald (NCI). *Publication:* A Surazynski, SP Donald, SK Cooper, MA Whiteside, K Salnikow, Y Liu, JM Phang. Extracellular matrix and HIF-1 signaling: The role of prolidase. Int J Cancer. 2008 Mar 15;122(6):1435-1440. *Patent Status:* HHS Reference No. E-235-2006/0—Research Material. Patent protection is not being sought for this technology. *Licensing Status:* This invention is available for licensing through a Biological Materials License. *Licensing Contact:* David A. Lambertson, PhD; 301/435-4632; *lambertsond@mail.nih.gov* . Dated: March 17, 2008. Steven M. Ferguson, Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health. [FR Doc. E8-5813 Filed 3-21-08; 8:45 am] BILLING CODE 4140-01-P 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; Supplement for Program Project in IBD. *Date:* April 9, 2008. *Time:* 3 p.m. to 4 p.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:* Dan E. Matsumoto, PhD, Scientific Review Administrator, Review Branch, DEA, NIDDK, National Institutes of Health, Room 749, 6707 Democracy Boulevard, Bethesda, MD 20892-5452,
(301)594-8894, *matsumotodextra.niddk.nih.gov* . *Name of Committee:* National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; Acetaminophen-Induced Acute Liver Failure Ancillary Studies. *Date:* April 10, 2008. *Time:* 10:30 a.m. to 12 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892 (Virtual Meeting). *Contact Person:* Dan E. Matsumoto, PhD, Scientific Review Administrator, Review Branch, DEA, NIDDK, National Institutes of Health, Room 749, 6707 Democracy Boulevard, Bethesda, MD 20892-5452,
(301)594-8894, *matsumotod@extra.niddknih.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 13, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-5706 Filed 3-21-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5194-N-09] Notice of Submission of Proposed Information Collection: Comment Request Public Housing Financial Management Template AGENCY: Office of the Assistant Secretary for Public and Indian Housing, HUD. ACTION: Notice of proposed information collection. 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: *Comments Due Date:* May 23, 2008. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name/or OMB Control number and should be sent to: Lillian L. Deitzer, Departmental Reports Management Officer, QDAM, Room 4176, Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410-5000; telephone: 202-708-2374 (this is not a toll-free number) or e-mail Ms. Deitzer at *Lillian_L._Deitzer @Hud.gov* . for a copy of the proposed form and other available information. FOR FURTHER INFORMATION CONTACT: Mary Schulhof, Office of Policy, Programs and Legislative Initiatives, PIH, Room 4116, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; telephone: 202-708-0713 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: The Department will submit 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 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:* Public Housing Financial Management Template. *OMB Control Number:* 2535-0107. *Description of the Need for the Information and Proposed Use:* To meet the requirements of the Public Housing Assessment System
(PHAS)rule, the Department has developed the financial condition template that public housing agencies
(PHAs)use to annually submit electronically specific financial condition information to HUD. HUD uses the financial condition information it collects from each PHA to assist in the evaluation and assessment of the PHAs' overall condition. To meet the requirements of 24 CFR part 990, Revision to the Public Housing Operating Fund Program; Final Rule, financial condition information is to be submitted by PHAs on the asset management project
(AMP)level. The final rule states that, in accordance with the directives received from the U.S. Congress, PHAs and HUD are to convert from an agency-centric model to an asset management model. The asset management model is more consistent with the management norms in the broader multi-family management industry. In order to implement asset management, the final rule stipulates that PHAs must implement project-based management, budgeting and accounting. The final rule provides for operating subsidy to be provided at the project level with financial reporting required at the project level, replacing the current subsidy issuance and financial reporting at the PHA or entity-wide level. Requiring PHAs to report electronically has enabled HUD to provide a more comprehensive assessment of the PHAs receiving federal funds from HUD. *Agency form number, if applicable:* N/A *Members of affected public:* Public housing agencies. *Estimation of the Total Number of Hours Needed to Prepare the Information Collection, Including Number of Respondents:* The estimated number of respondents is 3,996 PHAs that submit one audited financial condition template annually and one unaudited financial condition template annually. The average number for each PHA response is 10.5 hours, for a total reporting burden of 41,885 hours. *Status of the Proposed Information Collection:* Revision of a currently approved collection. Authority: Section 3506 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: March 18, 2008. Bessy Kong, Deputy Assistant Secretary, Office of Policy, Program and Legislative Initiatives. [FR Doc. E8-5899 Filed 3-21-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5211-N-01] Notice of Certification and Funding of State and Local Fair Housing Enforcement Agencies Under the Fair Housing Assistance Program; Request for Comments AGENCY: Office of the Assistant Secretary for Fair Housing and Equal Opportunity, HUD. ACTION: Notice and request for comments. SUMMARY: The regulations implementing the Fair Housing Assistance Program provide that the Assistant Secretary for Fair Housing and Equal Opportunity will periodically publish a list of all interim and certified agencies; and a list of agencies for which withdrawal of certification has been proposed. The purpose of identifying the agencies in the **Federal Register** is to solicit public comment on the state or local fair housing laws, as well as the performance of the agencies in enforcing these laws. This notice fulfills this regulatory requirement. DATES: *Comment Due Date:* April 23, 2008. ADDRESSES: Interested persons are invited to submit comments regarding the State or local fair housing enforcement agencies that are participating in the FHAP to the Office of Fair Housing and Equal Opportunity, Room 5230, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-0500. Facsimile
(FAX)comments are not acceptable. FOR FURTHER INFORMATION CONTACT: Kenneth J. Carroll, Director, FHAP Division, Office of Enforcement, Office of Fair Housing and Equal Opportunity, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 5222, Washington, DC, 20410-0500 at
(202)402-7044 (this is not a toll-free number). Persons with speech or hearing impairments may contact the FHAP Division by calling 1-800-290-1671 (this is a toll-free number), or 1-800-877-8399 (the Federal Information Relay Service TTY) (this is a toll-free number). SUPPLEMENTARY INFORMATION: Through the Fair Housing Assistance Program (FHAP), HUD provides funding to state and local fair housing agencies that enforce laws HUD has deemed substantially equivalent to the federal Fair Housing Act (42 U.S.C. 3601 *et seq.* ). HUD's regulations for the FHAP are codified at 24 CFR part 155 (entitled “Certification and Funding of State and Local Fair Housing Enforcement Agencies”). In order to participate in FHAP, HUD's Assistant Secretary for Fair Housing and Equal Opportunity
(FHEO)must first determine whether a state or local law, on its face, provides rights, procedures, remedies and judicial review provisions that are substantially equivalent to the federal Fair Housing Act. An affirmative conclusion that the state or local law is substantially equivalent on its face will result in HUD offering the agency interim certification. During the period of interim certification, HUD's Assistant Secretary for FHEO will determine whether the state or local law, in operation, provides rights, procedures, remedies and the availability of judicial review that are substantially equivalent to the Fair Housing Act. An affirmative conclusion during interim certification that the state or local law is substantially equivalent both “on its face” and “in operation” will result in HUD offering the agency certification. Certification is for a term of five years. During the five years of certification, the agency's ability to maintain certification will be assessed. After the five years of certification, if the Assistant Secretary for FHEO determines that the agency still qualifies for certification, HUD will renew the agency's certification for another five years. In accordance with section 817 of the Fair Housing Act and the regulation implementing the FHAP at 24 CFR 115.102(a), HUD seeks public comment on the following agencies that have been granted interim certification: • Arkansas Fair Housing Commission (Arkansas). • Broward County Office of Equal Opportunity (Florida). • City of Canton Fair Housing Commission (Ohio). • City of Duluth Human Rights Office (Minnesota). • City of North Olmstead, Ohio (Ohio). • Erie County Human Relations Commission (Pennsylvania). • Fairfax County Human Rights Commission (Virginia). • Geneva Human Rights Commission (New York). • Illinois Department of Human Rights (Illinois). • Lancaster County Human Relations Commission (Pennsylvania). • Maine Human Rights Commission (Maine). • City of St. Louis Civil Rights Enforcement Agency (Missouri). • State of New Jersey Division on Civil Rights (New Jersey). In accordance with section 817 of the Fair Housing Act and the regulation implementing the FHAP at 24 CFR 115.102(a), HUD seeks public comment on the following agencies granted certification: • Arizona Attorney General's Office (Arizona). • Asheville-Buncombe County Fair Housing Commission (North Carolina). • Austin Human Rights Commission (Texas). • Boston Fair Housing Commission (Massachusetts). • California Department of Fair Employment and Housing (California). • Cambridge Human Rights Commission (Massachusetts). • Cedar Rapids Civil Rights Commission (Iowa). • Charleston Human Rights Commission (West Virginia). • City of Charlotte/Mecklenburg Community Relations Committee (North Carolina). • City of Corpus Christi, Texas (Texas). • City of Dallas, Texas (Texas). • City of Durham Human Relations Commission (North Carolina). • City of Elkhart Human Relations Commission (Indiana). • City of Hammond Human Relations Commission (Indiana). • City of Lawrence Human Relations Commission (Kansas). • City of Parma Law Department (Ohio). • City of St. Petersburg Community Affairs Department (Florida). • City of Tampa Office of Human Rights (Florida). • City of Topeka Human Relations Commission (Kansas). • Colorado Civil Rights Division (Colorado). • Commission on Human Relations for the City of Reading (Pennsylvania). • Connecticut Commission on Human Rights and Opportunities (Connecticut). • County of Rockland Commission on Human Rights (New York). • Davenport Civil Rights Commission (Iowa). • Dayton Human Relations Council (Ohio). • Delaware Division of Human Relations (Delaware). • Des Moines Human Rights Commission (Iowa). • District of Columbia Office of Human Rights (District of Columbia). • Dubuque Human Rights Commission (Iowa). • Florida Commission on Human Relations (Florida). • Fort Wayne Metropolitan Human Relations Commission (Indiana). • Fort Worth Human Relations Commission (Texas). • Garland Neighborhood Development Department (Texas). • Gary Human Relations Commission (Indiana). • Georgia Commission on Equal Opportunity (Georgia). • Greensboro Human Relations Department (North Carolina). • Hawaii Civil Rights Commission (Hawaii). • Hillsborough County Office of the Equal Opportunity Administrator (Florida). • Huntington Human Relations Commission (West Virginia). • Indiana Civil Rights Commission (Iowa). • Iowa Civil Rights Commission (Iowa). • Jacksonville Human Rights Commission (Florida). • Kansas City, Missouri Human Relations Department (Missouri). • Kentucky Commission on Human Rights (Kentucky). • King County Office of Civil Rights (Washington). • Knoxville Department of Community Development (Tennessee). • Lee County Office of Equal Opportunity (Florida). • Lexington-Fayette Urban County Human Rights Commission (Kentucky). • Lincoln Commission on Human Rights (Nebraska). • Louisiana Department of Justice Public Protection Division/Equal Opportunity Section (Louisiana). • Louisville Metro Human Relations Commission (Kentucky). • Maryland Commission on Human Relations (Maryland). • Mason City Human Rights Commission (Iowa). • Massachusetts Commission Against Discrimination (Massachusetts). • Michigan Department of Civil Rights (Michigan). • Missouri Commission on Human Rights (Missouri). • Nebraska Equal Opportunity Commission (Nebraska). • New Hanover Human Relations Commission (North Carolina). • New York State Division of Human Rights (New York). • North Carolina Human Relations Commission (North Carolina). • North Dakota Department of Labor (North Dakota). • Ohio Civil Rights Commission (Ohio). • Oklahoma Human Rights Commission (Oklahoma). • Olathe Housing and Human Services Department (Kansas). • Omaha Human Relations Department (Nebraska). • Orange County Department of Human Rights and Relations (North Carolina). • Orlando Human Relations Department (Florida). • Palm Beach County Office of Equal Opportunity (Florida). • Pennsylvania Human Relations Commission (Pennsylvania). • Phoenix Equal Opportunity Department (Arizona). • Pinellas County Office of Human Rights (Florida). • Pittsburgh Commission on Human Relations (Pennsylvania). • Rhode Island Commission for Human Rights (Rhode Island). • Salina Human Relations Department (Kansas). • Seattle Office for Civil Rights (Washington). • Shaker Heights Fair Housing Review Board (Ohio). • Sioux City Human Rights Commission (Iowa). • South Bend Human Rights Commission (Indiana). • South Carolina Human Affairs Commission (South Carolina). • Springfield Department of Community Relations (Illinois). • Tacoma Human Rights and Human Services Department (Washington). • Tennessee Human Rights Commission (Tennessee). • Texas Workforce Commission (Texas). • Utah Anti-Discrimination Division (Utah). • Vermont Human Rights Commission (Vermont). • Virginia Department of Professional and Occupational Regulations Real Estate Board (Virginia). • Washington State Human Rights Commission (Washington). • Waterloo Commission on Human Rights (Iowa). • West Virginia Human Rights Commission (West Virginia). • Winston-Salem Human Relations Commission (North Carolina) • York Human Relations Commission (Pennsylvania). Withdrawal of Certification has not been proposed for any agency. Dated: March 17, 2008. Kim Kendrick, Assistant Secretary for Fair Housing and Equal Opportunity. [FR Doc. E8-5910 Filed 3-21-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR National Park Service National Register of Historic Places; Notification of Pending Nominations and Related Actions Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before March 8, 2008. Pursuant to section 60.13 of 36 CFR part 60 written comments concerning the significance of these properties under the National Register criteria for evaluation may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St., NW., 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St., NW., 8th floor, Washington DC 20005; or by fax, 202-371-6447. Written or faxed comments should be submitted by April 8, 2008. J. Paul Loether, Chief, National Register of Historic Places/National Historic Landmarks Program. COLORADO El Paso County Drennan School, (Rural School Buildings in Colorado MPS) 20500 Drennan Rd., Colorado Springs, 08000290 Larimer County Greeley, Salt Lake and Pacific Railroad—Stout Branch, (Railroads in Colorado, 1858-1948 MPS) Approx. 1/2 mi. S. of jct. U.S. 287 & Co. Rd. 28, Laporte, 08000291 GEORGIA Franklin County Ayers—Little Boarding House, 121 Athens St., Carnesville, 08000292 Pickens County Griffeth—Pendley House, 2198 Cove Rd., Jasper, 08000293 ILLINOIS Cook County Andersonville Commercial Historic District, 4900-5800 N. Clark St., Chicago, 08000294 Edgar County Moss, Henry Clay, House, 414 N. Main St., Paris, 08000295 KANSAS Barton County Beaver Creek Native Stone Bridge, (Masonry Arch Bridges of Kansas TR) NE. 50 Ave. S. & NE. 230 Rd., Beaver, 08000296 Bridge #218—Off System Bridge, (New Deal-Era Resources of Kansas MPS) NE. 60 Ave. S. & NE. 220 Rd., Beaver, 08000297 Hitschmann Cattle Underpass Bridge, (Masonry Arch Bridges of Kansas TR) NE. 110 Ave. S. & NE. 190 Rd., Hitschmann, 08000298 Hitschmann Double Arch Bridge, (Masonry Arch Bridges of Kansas TR) NE. 110 Ave. S. & NE 190 Rd., Hitschmann, 08000299 Crawford County Besse Hotel, 121 E. 4th St., Pittsburg, 08000300 Colonial Fox Theatre, (Theaters and Opera Houses of Kansas MPS) 409 N. Broadway, Pittsburg, 08000301 Washington Grade School, (Public Schools of Kansas MPS) 209 S. Locust St., Pittsburg, 08000302 Gove County Oxley Barn, 2740 Co. Rd. 74, Quinter, 08000303 Reno County Kelly Mills, (Commercial and Industrial Resources of Hutchinson MPS) 400-414 S. Main, Hutchinson, 08000304 Sedgwick County College Hill Park Bathhouse, (New Deal-Era Resources of Kansas MPS) 304 S. Circle Dr., Wichita, 08000305 Linwood Park Greenhouse and Maintenance Building, (New Deal-Era Resources of Kansas MPS) 1700 S. Hydraulic St., Wichita, 08000306 North Riverside Park Comfort Station, (New Deal-Era Resources of Kansas MPS) 900 N. Bitting Ave., Wichita, 08000307 Roberts House, 235 N. Roosevelt, Wichita, 08000308 Sim Park Golf Course Tee Shelters, (New Deal-Era Resources of Kansas MPS) 2020 W. Murdock St., Wichita, 08000309 Trego County St. Michael School & Convent, 700 & 704 Ainslie Ave., Collyer, 08000310 MISSOURI St. Louis Independent City Arlington School, (St. Louis Public Schools of William B. Ittner MPS) 1617 Burd Ave., St. Louis (Independent City), 08000311 MONTANA Beaverhead County Van Camp—Tash Ranch, 1200 MT 278, Dillon, 08000312 NORTH DAKOTA Bowman County Schade, Emma Petznick and Otto, House, 406 W. Divide, Bowman, 08000313 RHODE ISLAND Newport County Southern Thames Historic District, Thames St. from Memorial Blvd. to Morton Ave., Newport, 08000314 TENNESSEE Robertson County Woodard, Thomas Jr., Farm, (Historic Family Farms in Middle Tennessee MPS) 5024 Ogg Rd., Cedar Hill, 08000315 TEXAS Harris County Washburn Tunnel, 3100 Federal Rd., Houston, 08000316 Tarrant County American Airways Hanger and Administration Building, 201 Aviation Wy., Fort Worth, 08000317 Travis County Miller, Fannie Moss, House, 900 Rio Grande St., Austin, 08000318 Santa Rita Courts, Roughly bounded by E. 2nd, Pedernales, Santa Rita & Corta Sts., Austin, 08000319 VIRGINIA Isle of Wight County Fort Huger, Talcott Terrace, Smithfield, 08000320 Pulaski County Howe, Haven B., House, 4400 State Park Rd., Dublin, 08000321 WISCONSIN Dane County Dahle, Onon B. and Betsy, House, 10779 Evergreen Ave., Perry, 08000322 [FR Doc. E8-5821 Filed 3-21-08; 8:45 am] BILLING CODE 4312-51-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-639] In the Matter of Certain Spa Cover Lift Frames; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 20, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Leisure Concepts, Inc. of Spokane, Washington. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain spa cover lift frames that infringe the claims of U.S. Patent No. 5,996,137. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired individuals are advised that information on this matter can be obtained 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 at *http://www.usitc.gov* . The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov* . FOR FURTHER INFORMATION CONTACT: David O. Lloyd, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone
(202)205-2576. *Authority:* The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2007). *Scope of Investigation:* Having considered the complaint, the U.S. International Trade Commission, on March 17, 2008, ordered that—
(1)Pursuant to subsection
(b)of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain spa cover lift frames that infringe one or more of claims 1-24 of U.S. Patent No. 5,996,137, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;
(2)For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:
(a)The complainant is— Leisure Concepts, Inc., 5342 N. Florida Street, Spokane, Washington 99217-6702.
(b)The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Kokido, Ltd., 1319 Sumbean Center, Shing Yip Street, Kwun Tong, Kowloon, Hong Kong. SPARCO, Ltd. a/k/a SPARCO Buying Group, or SPARCO Distribution Network, 1967-73 Central Avenue, Albany, New York 12205. ACE Swim Service of Chili, Inc., d/b/a Ace Swim & Leisure, 3313 Chili Avenue, Rochester, New York 14624-5300. Glaser Enterprises, Inc., d/b/a East Coast Leisure Center, 2973 Virginia Beach Boulevard, Virginia Beach, Virginia 23452. Islander Pool and Spas, Inc., 1967-73 Central Avenue, Albany, New York 12205. Pool Mart, Inc., 6410 Transit Road, Depew, New York 14043-1033.
(c)The Commission investigative attorney, party to this investigation, is David O. Lloyd, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401T, Washington, DC 20436; and
(3)For the investigation so instituted, the Honorable Theodore R. Essex is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of the respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or cease and desist orders or both directed against the respondent. Issued: March 18, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-5836 Filed 3-21-08; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Portland Cement Association Notice is hereby given that, on February 25, 2008, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 *et seq.* (“the Act”), Portland Cement Association (“PCA”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Glacier Northwest, Seattle, WA and Glacier Northwest Canada Inc., Vancouver, British Columbia, Canada have changed their name to California Portland Cement Company. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and PCA intends to file additional written notification disclosing all changes in membership. On January 7, 1985, PCA filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the **Federal Register** pursuant to Section 6(b) of the Act on February 5, 1985 (50 FR 5015). The last notification was filed with the Department on November 21, 2007. A notice was published in the **Federal Register** pursuant to Section 6(b) of the Act on January 22, 2008 (73 FR 3755). Patricia A. Brink, Deputy Director of Operations, Antitrust Division. [FR Doc. E8-5703 Filed 3-21-08; 8:45 am] BILLING CODE 4410-11-P DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121-0197] Bureau of Justice Assistance; Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 30-Day Notice of Information Collection Under Review: Revision of a Currently Approved Collection; State Criminal Alien Assistance Program. The Department of Justice, Office of Justice Programs (Bureau of Justice Assistance) will be submitting the following information collection request to the Office of Management and Budget
(OMB)for review and clearance in accordance with emergency review procedures of the Paperwork Reduction Act of 1995. OMB approval has been requested by September 2003. The proposed information collection is published to obtain comments from the public and affected areas. Comments should be directed to OMB, Office of Information and Regulatory Affairs, Attention: Department of Justice Desk Officer
(202)395-6466, Washington, DC 20503. All comments, and suggestions, or questions regarding additional information, to include obtaining a copy of the proposed information collection instrument with instructions, should be directed to M. Berry at
(202)353-8643, Bureau of Justice Assistance, Office of Justice Programs, 810 Seventh Street, Room 4223, Washington, DC 20531. 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 mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information
(1)Type of information collection: Extension of currently approved collection expire.
(2)The title of the form/collection: State Criminal Alien Assistance Program.
(3)The agency form number, if any, and the applicable component of the department sponsoring the collection. Bureau of Justice Assistance, Office of Justice Programs, United States Department of Justice.
(4)Affected public who will be asked or required to respond, as well as a brief abstract: *Primary:* Federal, State, and local public safety agencies. States and local units of general government including the 50 state governments, the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, and the more than 3,000 counties and cities with correctional facilities. *Abstract:* In response to the Violent Crime Control and Law Enforcement Act of 1994 Section 130002(b) as amended in 1996, BJA administers the State Criminal Alien Assistance Program (SCAAP) with the Bureau of Immigration and Customs Enforcement (ICE), and the Department of Homeland Security (DHS). SCAAP provides federal payments to States and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens with at least one felony or two misdemeanor convictions for violations of state or local law, and who are incarcerated for at least 4 consecutive days during the designated reporting period and for the following correctional purposes; Salaries for corrections officers Overtime costs Performance based bonuses Corrections work force recruitment and retention Construction of corrections facilities Training/education for offenders Training for corrections officers related to offender population management Consultants involved with offender population Medical and mental health services Vehicle rental/purchase for transport of offenders Prison Industries Pre-release/reentry programs Technology involving offender management/inter agency information sharing Disaster preparedness continuity of operations for corrections facilities *Other:* None.
(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 no more than 748 respondents will apply. Each application takes approximately 90 minutes to complete and is submitted once per year (annually). The total hour burden to complete the applications is 1122 hours. If additional information is required, contact Lynn Bryant, Department Clearance Officer, Policy and Planning Staff, Justice Management Division, United States Department of Justice, 601 D Street NW., Patrick Henry Building, Suite 1600, NW., Washington, DC 20530. Dated: March 18, 2008. Lynn Bryant, Department Clearance Officer, PRA, United States Department of Justice. [FR Doc. E8-5820 Filed 3-21-08; 8:45 am] BILLING CODE 4410-18-P DEPARTMENT OF LABOR Bureau of Labor Statistics Proposed Collection; Comment Request ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Bureau of Labor Statistics
(BLS)is soliciting comments concerning the proposed revision of the “Current Population Survey
(CPS)Volunteer Supplement.” A copy of the proposed information collection request
(ICR)can be obtained by contacting the individual listed below in the addresses section of this notice. DATES: Written comments must be submitted to the office listed in the addresses section of this notice on or before May 23, 2008. ADDRESSES: Send comments to Amy A. Hobby, BLS Clearance Officer, Division of Management Systems, Bureau of Labor Statistics, Room 4080, 2 Massachusetts Avenue, NE., Washington, DC 20212, 202-691-7628. (This is not a toll free number.) FOR FURTHER INFORMATION CONTACT: Amy A. Hobby, BLS Clearance Officer, 202-691-7628. (See ADDRESSES section.) SUPPLEMENTARY INFORMATION: I. Background The September 2008 CPS Volunteer Supplement will be conducted at the request of the Corporation for National and Community Service. The Volunteer Supplement will provide information on the total number of individuals in the U.S. involved in unpaid volunteer activities, measures of the frequency or intensity with which individuals volunteer, types of organizations for which they volunteer, the activities in which volunteers participate, and the prevalence of volunteering more than 120 miles from home or abroad. It will also provide information on civic engagement and charitable donations. Because the Volunteer Supplement is part of the CPS, the same detailed demographic information collected in the CPS will be available about respondents to the supplement. Thus, comparisons of volunteer activities will be possible across respondent characteristics including sex, race, age, and educational attainment. It is intended that the supplement will be conducted annually, if resources permit, in order to gauge changes in volunteerism. II. Current Action Office of Management and Budget clearance is being sought for the CPS Volunteer Supplement. The September 2008 instrument includes some revisions made since the September 2007 instrument. The questions asking how many times a person had worked with others from their neighborhood to fix a problem or improve a situation and how often a person had attended public meetings were deleted. A question asking whether the respondent had made any donations to charitable organizations of money, assets, or property with a combined value of more than $25 was added. *Type of Review:* Revision. *Agency:* Bureau of Labor Statistics. *Title:* CPS Volunteer Supplement. *OMB Number:* 1220-0176. *Affected Public:* Individuals. *Total Respondents:* 63,000. *Frequency:* Annually. *Total Responses:* 106,000. *Average Time per Response:* 3 minutes. *Estimated Total Burden Hours:* 5,300 hours. *Total Burden Cost (capital/startup):* $0. *Total Burden Cost (operating/maintenance):* $0. III. Desired Focus of Comments The Bureau of Labor Statistics is particularly interested in comments that: • 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. • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they also will become a matter of public record. Signed at Washington, DC, this 17th day of March, 2008. Cathy Kazanowski, Chief, Division of Management Systems, Bureau of Labor Statistics. [FR Doc. E8-5812 Filed 3-21-08; 8:45 am] BILLING CODE 4510-24-P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification AGENCY: Mine Safety and Health Administration, Labor. ACTION: Notice of petitions for modification of existing mandatory safety standards. SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR Part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification filed by the parties listed below to modify the application of existing mandatory safety standards published in Title 30 of the Code of Federal Regulations. DATES: All comments on the petitions must be received by the Office of Standards, Regulations, and Variances on or before April 23, 2008. ADDRESSES: You may submit your comments, identified by “docket number” on the subject line, by any of the following methods: 1. *Electronic mail:* *Standards-Petitions@dol.gov* . 2. *Facsimile:* 1-202-693-9441. 3. *Regular Mail:* MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209, Attention: Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances. 4. *Hand-Delivery or Courier:* MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209, Attention: Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances. We will consider only comments postmarked by the U.S. Postal Service or proof of delivery from another delivery service such as UPS or Federal Express on or before the deadline for comments. Individuals who submit comments by hand-delivery are required to check in at the receptionist desk on the 21st floor. Individuals may inspect copies of the petitions and comments during normal business hours at the address listed above. FOR FURTHER INFORMATION CONTACT: Jack Powasnik, Deputy Director, Office of Standards, Regulations, and Variances at 202-693-9443 (Voice), *powasnik.jack@dol.gov* (E-mail), or 202-693-9441 (Telefax), or contact Barbara Barron at 202-693-9447 (Voice), *barron.barbara@dol.gov* (E-mail), or 202-693-9441 (Telefax). [These are not toll-free numbers]. SUPPLEMENTARY INFORMATION: I. Background Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act) allows the mine operator or representative of miners to file a petition to modify the application of any mandatory safety standard to a coal or other mine if the Secretary determines that:
(1)An alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard; or
(2)that the application of such standard to such mine will result in a diminution of safety to the miners in such mine. In addition, the regulations at 30 CFR 44.10 and 44.11 establish the requirements and procedures for filing petitions for modifications. II. Petitions for Modification *Docket Number:* M-2008-006-C. *Petitioner:* Bear Gap Coal Company, 74 Kushwa Road, Spring Glen, Pennsylvania 17978. *Mine:* N & L Slope Mine, MSHA I.D. No. 36-02203, located in Northumberland County, Pennsylvania. *Regulation Affected:* 30 CFR 75.1714-2(c) (Self-rescue devices; use and location requirements). *Modification Request:* The petitioner requests a modification of the existing standard to permit the self-rescue devices to be stored within 60 feet of the working face. The petitioner states that in steeply pitching, conventional anthracite mines, entries are advanced as far as 60 feet vertically. The petitioner further states that the miner is exposed to trip and fall hazards and the necessity of carrying supplies up these narrow entries while wearing the self-contained self-rescuers (SCSRs), may result in damage to the SCSR and in a diminution of safety to the miner. *Docket Number:* M-2008-007-C. *Petitioner:* Bear Gap Coal Company, 74 Kushwa Road, Spring Glen, Pennsylvania 17978. *Mine:* N & L Slope Mine, MSHA I.D. No. 36-02203, located in Northumberland County, Pennsylvania. *Regulation Affected:* 30 CFR 75.1714-4(a), (b), (c), (d), and
(e)(Additional self-contained self-rescuers (SCSRs). *Modification Request:* The petitioner requests a modification of the existing standard to eliminate the requirement for providing an additional self-contained self-rescue
(SCSR)device, and to eliminate the requirement for providing additional SCSRs on mantrips or mobile equipment and in alternate and primary escapeways, therefore eliminating the need for storage locations and for signs to be posted at each location. The petitioner states that:
(i)An SCSR has never been used in an anthracite mine and no statistical data exists to support the need to use an SCSR;
(ii)Anthracite coal is low in volatile matter and the lack of mechanization coupled with the reduced production capacity of anthracite mines has resulted in no significant liberation of explosive gases;
(iii)The risk of fire at an underground anthracite mine is less than that of a city structure, therefore, the requirement for an additional SCSR cannot be justified;
(iv)The potential hazard which would require wearing an SCSR and traveling the escapeway does not exist;
(v)There is no hazard scenario where traveling the escapeway with an SCSR would be likely; and
(vi)The travel time on foot from the working face through the primary escapeway is less than fifteen minutes. The petitioner further states that damp and wet conditions occur in the entire mine, and historically, fires in anthracite mines have not been a significant hazard as a result of the low volatile matter of the coal, which is reflected in numerous granted petitions for modification relating to firefighting. The petitioner asserts that the proposed alternative method will in no way provide less than the same measure of protection than that afforded the miners under the existing standard. Dated: March 18, 2008. Jack Powasnik, Deputy Director, Office of Standards, Regulations, and Variances. [FR Doc. E8-5908 Filed 3-21-08; 8:45 am] BILLING CODE 4510-43-P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2007-0086] Respiratory Protection Standard; Extension of the Office of Management and Budget's
(OMB)Approval of Information Collection (Paperwork) Requirements AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comment. SUMMARY: OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified by the Respiratory Protection Standard (29 CFR 1910.134). DATES: Comments must be submitted (postmarked, sent, or received) by May 23, 2008. ADDRESSES: *Electronically:* You may submit comments and attachments electronically at *http://www.regulations.gov,* which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. *Facsimile:* If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at
(202)693-1648. *Mail, hand delivery, express mail, messenger, or courier service:* When using this method, you must submit three copies of your comments and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2007-0086, U.S. Department of Labor, Occupational Safety and Health Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor's and Docket Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t. *Instructions:* All submissions must include the Agency name and OSHA docket number for the ICR (OSHA-2007-0086). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at *http://www.regulations.gov.* For further information on submitting comments see the “Public Participation” heading in the section of this notice titled SUPPLEMENTARY INFORMATION . *Docket:* To read or download comments or other material in the docket, go to *http://www.regulations.gov* or the OSHA Docket Office at the address above. All documents in the docket (including this **Federal Register** notice) are listed in the *http://www.regulations.gov* index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the website. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact Jamaa Hill at the address below to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Jamaa N. Hill or Todd Owen, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; telephone
(202)693-2222. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and OSHA's estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (the Act) (29 U.S.C. 651 *et. seq.* ) authorizes information collection by employers as necessary or appropriate for enforcement of the Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of efforts in obtaining information (29 U.S.C. 657). The Respiratory Protection Standard (29 CFR 1910.134; hereafter, “the Standard”) contains information collection requirements that require employers to: develop a written respirator program; conduct employee medical evaluations and provide follow-up medical evaluations to determine the employee's ability to use a respirator; provide the physician or other licensed health care professional with information about the employee's respirator and the conditions under which the employee will use the respirator; and administer fit tests for employees who will use negative-or positive-pressure, tight-fitting facepieces. In addition, employers must ensure that employees store emergency-use respirators in compartments clearly marked as containing emergency-use respirators. For respirators maintained for emergency use, employers must label or tag the respirator with a certificate stating the date of the inspection, the name of the individual who made the inspection, the findings of the inspection, required remedial action, and the identity of the respirator. The Standard also requires employers to ensure that cylinders used to supply breathing air to respirators have a certificate of analysis from the supplier stating that the breathing air meets the requirements for Type 1—Grade D breathing air; such certification assures employers that the purchased breathing air is safe. Compressors used to supply breathing air to respirators must have a tag containing the most recent change date and the signature of the individual authorized by the employer to perform the change. Employers must maintain this tag at the compressor. These tags provide assurance that the compressors are functioning properly. II. Special Issues for Comment OSHA has a particular interest in comments on the following issues: • Whether the proposed information collection requirements are necessary for the proper performance of the Agency's functions, including whether the information is useful; • The accuracy of OSHA's estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used; • The quality, utility, and clarity of the information collected; and • Ways to minimize the burden on employers who must comply; for example, by using automated or other technological information collection and transmission techniques. III. Proposed Actions OSHA is proposing to extend the information collection requirements contained in the Respiratory Protection Standard (29 CFR 1910.134). The Agency is requesting to increase its current burden hour total from 6,551,314 hours to 7,159,601 for a total increase of 608,287 hours. The Agency will summarize the comments submitted in response to this notice, and will include this summary in the request to OMB to extend the approval of the information collection requirements contained in the Standard. The Agency will summarize the comments submitted in response to this notice and will include this summary in the request to OMB. *Type of Review:* Extension of a currently approved information collection requirement. *Title:* Respiratory Protection Standard. *OMB Number:* 1218-0099. *Affected Public:* Business or other for-profits; not-for-profit institutions; Federal government; State, local, or tribal governments. *Number of Respondents:* 639,623. *Frequency of Response:* Annually; monthly; on occasion. *Total Responses:* 22,547,185. *Average Time per Response:* Varies from 5 minutes (.08 hour) to mark a storage compartment or protective cover to 8 hours for large employers to gather and prepare information to develop a written plan. *Estimated Total Burden Hours:* 7,159,601. *Estimated Cost (Operation and Maintenance):* $164,751,553. IV. Public Participation—Submission of Comments on This Notice and Internet Access to Comments and Submissions You may submit comments in response to this document as follows:
(1)Electronically at *http://www.regulations.gov,* which is the Federal eRulemaking Portal;
(2)by facsimile (Fax); or
(3)by hard copy. All comments, attachments, and other material must identify the Agency name and the OSHA docket number for the ICR (Docket No. OSHA-2007-0086). You may supplement electronic submissions by uploading document files electronically. If you wish to mail additional materials in reference to an electronic or facsimile submission, you must submit them to the OSHA Docket Office (see the section of this notice titled “ADDRESSES” ). The additional materials must clearly identify your electronic comments by your name, date, and the docket number so the Agency can attach them to your comments. Because of security procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger, or courier service, please contact the OSHA Docket Office at
(202)693-2350 (TTY
(877)889-5627). Comments and submissions are posted without change at: *http://www.regulations.gov.* Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and date of birth. Although all submissions are listed in the *http://www.regulations.gov* index, some information (e.g., copyrighted material) is not publicly available to read or download through this Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the *http://www.regulations.gov* Web site to submit comments and access the docket is available at the Web site's “User Tips” link. Contact the OSHA Docket Office for information about materials not available through the website, and for assistance in using the Internet to locate docket submissions. V. Authority and Signature Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 *et. seq.* ) and Secretary of Labor's Order No. 5-2007 (72 FR 31159). Signed at Washington, DC, on March 17, 2008. Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E8-5837 Filed 3-21-08; 8:45 am] BILLING CODE 4510-26-P NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: U. S. Nuclear Regulatory Commission (NRC). ACTION: Notice of pending NRC action to submit an information collection request to the Office of Management and Budget
(OMB)and solicitation of public comment. SUMMARY: The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. *The Title of the Information Collection:* 10 CFR Part 54, “Requirements for Renewal of Operating Licenses for Nuclear Power Plants.” 2. *Current OMB Approval Number:* 3150-0155. 3. *How Often the Collection Is Required:* There is a one-time application for any licensee wishing to renew its nuclear power plant's operating license. There is a one-time requirement for each licensee with a renewed operating license to submit a commitment completion letter. All holders of renewed licenses must perform yearly recordkeeping. 4. *Who Is Required or Asked to Report:* Commercial nuclear power plant licensees who wish to renew their operating licenses and holders of renewed licenses. 5. *The Number of Annual Respondents:* 50 (10 responses and 40 recordkeepers). 6. *The Number of Hours Needed Annually to Complete the Requirement or Request:* 544,940 hours (504,940 hours reporting plus 40,000 hours recordkeeping). 7. *Abstract:* Title 10, Part 54, establishes license renewal requirements for commercial nuclear power plants and describes the information that licensees must submit to the NRC when applying for a license renewal. The application must contain information on how the licensee will manage the detrimental effects of age-related degradation on certain plant systems, structures, and components so as to continue the plant's safe operation during the renewal term. The NRC needs this information to determine whether the licensee's actions will be effective in assuring the plant's continued safe operation. Holders of renewed licenses must retain in an auditable and retrievable form, for the term of the renewed operating license, all information and documentation required to document compliance with 10 CFR Part 54. The NRC needs access to this information for continuing effective regulatory oversight. Submit by May 23, 2008, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1F21, Rockville, MD 20852. OMB clearance requests are available at the NRC Web site: *http://www.nrc.gov/public-involve/doc-comment/omb/index.html* . The document will be available on the NRC web site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Margaret A. Janney (T-5F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7245, or by e-mail to *INFOCOLLECTS@NRC.GOV* . Dated at Rockville, Maryland, this 17th day of March 2008. For the Nuclear Regulatory Commission. Gregory Trussell, Acting NRC Clearance Officer, Office of Information Services. [FR Doc. E8-5884 Filed 3-21-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS); Subcommittee Meeting on Power Uprates (Hope Creek); Revised; Notice of Meeting The **Federal Register** Notice for the ACRS Subcommittee Meeting on Power Uprates scheduled to be held on March 20-21, 2008 has been revised to correct an inadvertent error (PPL Hope Creek LLC has been changed to PSEG Nuclear LLC) as noted below. The meeting will be open to public attendance, with the exception of portions that may be closed to discuss proprietary information pursuant to 5 U.S.C. 552b(c)4 for presentations covering information that is proprietary to PSEG Nuclear LLC or its contractors such as General Electric and Continuum Dynamics. All other items pertaining to this meeting remain the same as published previously in the **Federal Register** on Friday, March 7, 2008 (73 FR 12474). FOR FURTHER INFORMATION CONTACT: Ms. Zena Abdullahi, Designated Federal Official (Telephone: 301-415-8716) between 7:30 a.m. and 4:15 p.m.
(ET)or by e-mail *zxa@nrc.gov.* Dated: March 14, 2008. Cayetano Santos, Chief, Reactor Safety Branch, ACRS. [FR Doc. E8-5894 Filed 3-21-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS); Meeting of the ACRS Subcommittee on Reliability and Probabilistic Risk Assessment; Notice of Meeting The ACRS Subcommittee on Reliability and Probabilistic Risk Assessment
(PRA)will hold a meeting on April 18, 2008, Room T-2B1, 11545 Rockville Pike, Rockville, Maryland. The entire meeting will be open to public attendance. The agenda for the subject meeting shall be as follows: Friday, April 18, 2008—8:30 a.m. until the conclusion of business The Subcommittee will discuss the draft NUREG-1855, “Guidance on the Treatment of Uncertainties Associated with PRAs in Risk-Informed Decisionmaking.” The Subcommittee will hear presentations by and hold discussions with representatives of the NRC staff and the Electric Power Research Institute
(EPRI)regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official, Dr. Hossein P. Nourbakhsh (Telephone: 301-415-5622), five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted. Detailed procedures for the conduct of and participation in ACRS meetings were published in the **Federal Register** on September 26, 2007 (72 FR 54695). Further information regarding this meeting can be obtained by contacting the Designated Federal Official between 7:30 a.m. and 4:15 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes to the agenda. Dated: March 13, 2008. Cayetano Santos, Branch Chief, ACRS. [FR Doc. E8-5897 Filed 3-21-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Seeks Qualified Candidates for the Advisory Committee on Reactor Safeguards AGENCY: U.S. Nuclear Regulatory Commission. ACTION: Request for résumés. SUMMARY: The U.S. Nuclear Regulatory Commission
(NRC)seeks qualified candidates for the Advisory Committee on Reactor Safeguards (ACRS). Submit résumés to Ms. Janet Riner, Executive Secretary, ACRS/ACNW&M, Mail Stop T2E-26, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or e-mail *JML1@NRC.GOV.* SUPPLEMENTARY INFORMATION: The ACRS is a part-time advisory group, which is statutorily mandated by the Atomic Energy Act of 1954, as amended. ACRS provides independent expert advice on matters related to the safety of existing and proposed nuclear power plants and on the adequacy of proposed reactor safety standards. Of primary importance are the safety issues associated with the operation of 104 commercial nuclear power plants in the United States and regulatory initiatives, including risk-informed and performance-based regulations, license renewal, power uprates, and the use of mixed oxide and high burnup fuels. An increased emphasis is being given to safety issues associated with new reactor designs and technologies, including passive system reliability and thermal hydraulic phenomena, use of digital instrumentation and control, international codes and standards used in multinational design certifications, material and structural engineering, nuclear analysis and reactor core performance, and nuclear materials and radiation protection. In addition, the ACRS may be requested to provide advice on radiation protection, radioactive waste management and earth sciences in the agency's licensing reviews for fuel fabrication and enrichment facilities, waste disposal facilities, and facilities related to the Department of Energy's Global Nuclear Energy Partnership. The ACRS also has some involvement in security matters related to the integration of safety and security of commercial reactors. See NRC Web site at: *http://www.nrc.gov/aboutnrc/regulatory/advisory/acrs.html* for additional information about ACRS. Criteria used to evaluate candidates include education and experience, demonstrated skills in nuclear reactor safety matters, the ability to solve complex technical problems, and the ability to work collegially on a board, panel, or committee. The Commission, in selecting its Committee members, considers the need for a specific expertise to accomplish the work expected to be before the ACRS. ACRS Committee members are appointed for four-year terms and normally serve no more than three terms. The Commission looks to fill one vacancy as a result of this request. For this position, a candidate must have at least 10 years of experience in the areas of nuclear materials and radiation protection. Candidates with pertinent graduate level experience will be given additional consideration. Consistent with the requirements of the Federal Advisory Committee Act, the Commission seeks candidates with diverse backgrounds, so that the membership on the Committee is fairly balanced in terms of the points of view represented and functions to be performed by the Committee. Candidates will undergo a thorough security background check to obtain the security clearance that is mandatory for all ACRS members. The security background check will involve the completion and submission of paperwork to NRC. Candidates for ACRS appointments may be involved in or have financial interests related to NRC-regulated aspects of the nuclear industry. However, because conflict-of-interest considerations may restrict the participation of a candidate in ACRS activities, the degree and nature of any such restriction on an individual's activities as a member will be considered in the selection process. Each qualified candidate's financial interests must be reconciled with applicable Federal and NRC rules and regulations prior to final appointment. This might require divestiture of securities or discontinuance of certain contracts or grants. Information regarding these restrictions will be provided upon request. A résumé describing the educational and professional background of the candidate, including any special accomplishments, publications, and professional references should be provided. Candidates should provide their current address, telephone number, and e-mail address. All candidates will receive careful consideration. Appointment will be made without regard to factors such as race, color, religion, national origin, sex, age, or disabilities. Candidates must be citizens of the United States and be able to devote approximately 100 days per year to Committee business. Résumés will be accepted until April 30, 2008. Dated: March 18, 2008. Andrew Bates, Federal Advisory Committee, Management Officer. [FR Doc. E8-5883 Filed 3-21-08; 8:45 am] BILLING CODE 7590-01-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS373] WTO Dispute Settlement Proceeding Regarding China—Measures Affecting Financial Information Services and Foreign Financial Information Suppliers AGENCY: Office of the United States Trade Representative. ACTION: Notice; request for comments. SUMMARY: The Office of the United States Trade Representative
(USTR)is providing notice that on March 3, 2008, in accordance with the *Marrakesh Agreement Establishing the World Trade Organization* (WTO Agreement), the United States requested consultations with China regarding restrictions and requirements China imposes on financial information services and service suppliers. That request may be found at *http://www.wto.org* contained in a document designated as WT/DS373/1. USTR invites written comments from the public concerning the issues raised in this dispute. DATES: Although USTR will accept any comments received during the course of the dispute, comments should be submitted on or before April 18, 2008 to be assured of timely consideration by USTR. ADDRESSES: Comments should be submitted
(i)electronically, to *FR0806@ustr.eop.gov,* with “China Financial Information Services (DS373)” in the subject line, or
(ii)by fax, to Sandy McKinzy at
(202)395-3640, with a confirmation copy sent electronically to the electronic mail address above, in accordance with the requirements for submission set out below. FOR FURTHER INFORMATION CONTACT: James P. Kelleher, Associate General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC,
(202)395-3150. SUPPLEMENTARY INFORMATION: USTR is providing notice that the United States has requested consultations with China pursuant to the WTO *Understanding on Rules and Procedures Governing the Settlement of Disputes* (“DSU”). If such consultations should fail to resolve the matter and a dispute settlement panel is established pursuant to the DSU, such panel, which would hold its meetings in Geneva, Switzerland, would be expected to issue a report on its findings and recommendations within nine months after it is established. Major Issues Raised by the United States On March 3, 2008, the United States requested consultations with China regarding restrictions and requirements that China imposes on financial information services and service suppliers. China requires foreign financial information suppliers to supply their services through an entity designated by Xinhua News Agency (“Xinhua”). Xinhua has designated one of its commercial enterprises as the only available agent. Xinhua, through its organizational structure, including related entities and affiliates, appears to be not only the regulator but also a competitor of foreign financial information suppliers. For example, Xinhua has launched “Xinhua 08”, a financial information supplier that supplies services on a commercial basis and in competition with foreign service suppliers. China also appears to prevent foreign financial information service suppliers from establishing any commercial operations in China other than limited representative offices. China's measures include the following, as well as any amendments and related or implementing measures: • Notice Authorizing Xinhua News Agency To Implement Centralized Administration Over the Release of Economic Information in the People's Republic of China by Foreign News Agencies and Their Subsidiary Information Institutions (December 31, 1995); • Decision on Establishing Administrative Permission for the Administrative Examination and Approval of Items That Must Be Retained (June 29, 2004); • Measures for Administering the Release of News and Information in China by Foreign News Agencies (September 10, 2006); • Notices on the Annual Inspection of Foreign News Dissemination Entities; • Catalogue of Industries for Guiding Foreign Investment (October 31, 2007); • Decisions of the State Council Regarding Entrance of Non-Public Capital Into Cultural Industries (April 13, 2005); • Several Opinions on Introducing Foreign Investment Into the Cultural Sector (July 6, 2005); • Opinion on Foreign Investment in Cultural Industries (August 5, 2005); • Detailed Rules on the Approval and Control of Resident Representative Offices of Foreign Enterprises (February 13, 1995); • Procedures of the State Administration for Industry and Commerce for the Registration and Administration of Resident Representative Offices of Foreign Enterprises (March 5, 1983); • Rules for Internet Information Services (September 2000); and • Administrative Rules for Internet News Information Services (September 25, 2005); These and other requirements and restrictions appear to accord less favorable treatment to foreign financial information services and service suppliers than that accorded Chinese financial information services and service suppliers which are not affected by these requirements and restrictions. China's measures also appear to impose requirements on foreign financial information suppliers that are more restrictive than those imposed on them at the time of China's accession to the WTO. USTR believes these measures are inconsistent with China's obligations under Articles XVI, XVII, and XVIII of the *General Agreement on Trade in Services* and Part I.1.2 of the Protocol on the Accession of the People's Republic of China, including paragraph 309 of the Working Party Report. Public Comment: Requirements for Submissions Interested persons are invited to submit written comments concerning the issues raised in the dispute. Comments should be submitted
(i)electronically, to *FR0806@ustr.eop.gov,* with “China Financial Information Services (DS373)” in the subject line, or
(ii)by fax, to Sandy McKinzy at
(202)395-3640, with a confirmation copy sent electronically to the electronic mail address above. USTR encourages the submission of documents in Adobe PDF format as attachments to an electronic mail. Interested persons who make submissions by electronic mail should not provide separate cover letters; information that might appear in a cover letter should be included in the submission itself. Similarly, to the extent possible, any attachments to the submission should be included in the same file as the submission itself, and not as separate files. Comments must be in English. A person requesting that information contained in a comment submitted by that person be treated as confidential business information must certify that such information is business confidential and would not customarily be released to the public by the commenter. Confidential business information must be clearly designated as such and “BUSINESS CONFIDENTIAL” must be marked at the top and bottom of the cover page and each succeeding page. Persons who submit confidential business information are encouraged also to provide a non-confidential summary of the information. Information or advice contained in a comment submitted, other than business confidential information, may be determined by USTR to be confidential in accordance with section 135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information or advice may qualify as such, the submitter—
(1)Must clearly so designate the information or advice;
(2)Must clearly mark the material as “SUBMITTED IN CONFIDENCE” at the top and bottom of the cover page and each succeeding page; and
(3)Is encouraged to provide a non-confidential summary of the information or advice. Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR will maintain a file on this dispute settlement proceeding, accessible to the public, in the USTR Reading Room, which is located at 1724 F Street, NW., Washington, DC 20508. The public file will include non-confidential comments received by USTR from the public with respect to the dispute; if a dispute settlement panel is convened or in the event of an appeal from such a panel, the U.S. submissions, the submissions, or non-confidential summaries of submissions, received from other participants in the dispute; the report of the panel; and, if applicable, the report of the Appellate Body. The USTR Reading Room is open to the public, by appointment only, from 10 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday. An appointment to review the public file (Docket WTO/DS-373, China Financial Information Services Dispute) may be made by calling the USTR Reading Room at
(202)395-6186. Daniel Brinza, Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. E8-5885 Filed 3-21-08; 8:45 am] BILLING CODE 3190-W8-P OFFICE OF PERSONNEL MANAGEMENT Proposed Collection: Comment Request for Review of a Revised Information Collection: OPM Form 1644 Child Care Provider Information for the Child Care Subsidy Program for Federal Employees OMB No. 3206-0240 AGENCY: Office of Personnel Management. ACTION: Notice. SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces the Office of Personnel Management
(OPM)intends to submit to the Office of Management and Budget
(OMB)a request for review of a revised information collection. Approval for the OPM Form 1644, Child Care Provider Information for the Child Care Subsidy Program for Federal Employees, is used to verify that child care providers are licensed or regulated by local or State authorities, as appropriate. Section 630 of Public Law 107-67, passed by Congress on November 12, 2001, permits Federal agencies to use appropriated funds to help their lower-income employees with their costs for child care provided by a contractor licensed or regulated by local or State authorities, as appropriate. Therefore, agencies need to verify that child care providers to whom they make disbursements in the form of child care subsidies meet the statutory requirement. Approximately 3500 OPM 1644 forms will be completed annually. We estimate it will take 10 minutes to complete the OPM Form 1644. The annual estimated burden is 333.3 hours. Comments are particularly invited on: • Whether this information is necessary for the proper performance of functions of OPM, and whether it will have practical utility; • Whether our estimates of the public burden of this collection of information are accurate, and based on valid assumptions and methodology; and • Ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. For copies of this proposal, contact Mary Beth Smith-Toomey on
(202)606-8358, FAX
(202)418-3251 or e-mail to *mbtoomey@opm.gov* . Please be sure to include a mailing address with your request. DATES: Comments on this proposal should be received within 60 calendar days from the date of this publication. ADDRESSES: Send or deliver comments to: Marie L'Etoile, Group Manager, Work/Life Group, U.S. Office of Personnel Management, 1900 E Street, NW., Washington, DC 20415. Office of Personnel Management. Howard C. Weizmann, Deputy Director. [FR Doc. E8-5863 Filed 3-21-08; 8:45 am] BILLING CODE 6325-39-P SECURITIES AND EXCHANGE COMMISSION Release No. 34-57512; File No. SR-CBOE-2008-19] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change, as Modified by Amendment No. 1 Thereto, Relating to Customer-to-Customer Immediate Crosses March 17, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on March 4, 2008, the Chicago Board Options Exchange, Incorporated (“CBOE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared substantially by CBOE. On March 14, 2008, CBOE submitted Amendment No. 1 to the proposed rule change. CBOE filed the proposed rule change as a “non-controversial” proposed rule change pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders it effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change CBOE proposes to amend its Automated Improvement Mechanism (“AIM”) Rule to permit customer-to-customer orders to be entered paired and to be crossed without any AIM auction exposure period. The text of the proposed rule change is available at CBOE, the Commission's Public Reference Room, and *http://www.cboe.com.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, CBOE included statements concerning the purpose of, and basis for, the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. CBOE has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose CBOE proposes to amend Rule 6.74A to permit customer-to-customer orders to be entered paired and to be crossed without any AIM auction exposure period. Currently, CBOE Rules provide for a minimum exposure time of three seconds for crossing orders on the Hybrid Trading System (“Hybrid”) when an order entry firm
(i)executes as principal against orders it represents as agent, or
(ii)executes orders it represents as agent against orders solicited from members and non-member broker-dealers to transact with such orders. 5 However, the three second exposure period is not applicable when crossing two orders that are both for the accounts of non-broker-dealer customers. Thus, two non-broker-dealer customer orders may be entered separately into Hybrid by the same order entry firm to trade against each other without waiting three seconds. To enhance and automate order entry firms' ability to submit two contra-side customer orders, the Exchange is proposing to introduce and to codify a new feature in its AIM Rule 6 that the Exchange refers to as a “customer-to-customer immediate cross.” 5 *See* CBOE Rule 6.45A, Priority and Allocation of Equity Option Trades on the CBOE Hybrid System, Interpretations and Policies .01 and .02, and Rule 6.45B, Priority and Allocation of Trades in Index Options and Options on ETFs on the CBOE Hybrid System. 6 AIM is an automated auction mechanism through which a member that represents agency orders may electronically execute an order it represents as agent (“agency order”) against principal or solicited interest. When the Exchange receives an agency order properly designated for an AIM auction, a request for responses (“RFR”) is initiated and, subject to certain exceptions delineated in Rule 6.74A, the RFR lasts for a random time determined by the system between three and five seconds. Once the AIM auction concludes, the agency order is allocated at the best prices pursuant to allocation procedures in the Rule. *See* CBOE Rule 6.74A. When using the AIM customer-to-customer immediate cross feature, the proposed rule will provide that an order entry firm (“Initiating Member”) may enter an agency order for the account of a non-broker-dealer customer in AIM, paired with a solicited order for the account of a non-broker-dealer customer. Under the rule proposal, those paired orders will be automatically executed without an exposure period so long as the execution price:
(i)Is in the applicable standard increment ( *i.e.* , $0.10 for series quoted at or above $3, $0.05 for series quotes below $3, $0.01 for series participating in the Penny Pilot Program, and the applicable standard or $0.01 increment for complex orders as designated pursuant to Rule 6.53C);
(ii)will not trade at the same price as any resting customer order; and
(iii)subject to certain exceptions, is not at a price that trades through the national best bid or offer (“NBBO”). If the Exchange determines on a class-by-class basis to
(i)designate complex orders as eligible for AIM customer-to-customer immediate crosses or
(ii)permit orders of 500 or more contracts and that have a premium value of at least $150,000 to be executed without considering prices that might be available on other options exchanges, the NBBO condition shall not apply to such orders and instead the execution price will not trade through CBOE's best bid or offer (“BBO”). 7 In addition, the execution price must be in the applicable standard increment and will not trade at the same price as any resting customer order. In the case of a complex order, this means that the execution price will not trade at the same price as any customer complex order resting in the CBOE's electronic complex order book. To be eligible to use the customer-to-customer immediate cross feature, the proposed rule will also provide that the agency order must be in a class designated by the Exchange as eligible for the feature and within the designated order eligibility size parameters, as such parameters are determined by the Exchange. 7 *See* proposed paragraph .09(b) to CBOE Rule 6.74A. Lastly, the proposed rule will contain a cross-reference to Interpretation and Policy .01 to CBOE Rules 6.45A and 6.45B. Specifically, the proposed rule will note that Interpretation and Policy .01 to CBOE Rules 6.45A and 6.45B prevent an order entry firm from executing agency orders to increase its economic gain from trading against the order without first giving other trading interests on the Exchange an opportunity to either trade with the agency order or to trade at the execution price when the member was already bidding or offering on the book. However, as the proposed rule will also note, the Exchange recognizes that it may be possible for a firm to establish a relationship with a customer or other person to deny agency orders the opportunity to interact on the Exchange and to realize similar economic benefits as it would achieve by executing agency orders as principal. Therefore, the proposed rule will provide that it would be a violation of Interpretation and Policy .01 to Rule 6.45A or 6.45B, as applicable, for a firm to circumvent Interpretation and Policy .01 to Rule 6.45A or 6.45B, as applicable, by providing an opportunity for
(i)a customer affiliated with the firm, or
(ii)a customer with whom the firm has an arrangement that allows the firm to realize similar economic benefits from the transaction as the firm would achieve by executing agency orders as principal, to regularly execute against agency orders handled by the firm immediately upon their entry as AIM customer-to-customer immediate crosses. The Exchange believes that this provision should help prevent a firm from doing indirectly what it is prohibited from doing directly as principal. This provision of CBOE's proposed rule is substantially similar to a provision in ISE's Rules. 8 8 *See* Supplemental Material .01 to ISE Rule 717. 2. Statutory Basis The basis under the Act for this proposed rule change is the requirement under Section 6(b)(5) of the Act 9 that an exchange have rules that are designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. In particular, the proposed rule change will provide members with a more efficient means of executing their customer option orders subject to the Exchange's existing requirements limiting principal transactions, and will allow CBOE to effectively compete with ISE. 9 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition CBOE does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others CBOE neither solicited nor received comments on the proposal. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not:
(i)Significantly affect the protection of investors or the public interest;
(ii)impose any significant burden on competition; and
(iii)become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 10 and Rule 19b-4(f)(6) thereunder. 11 10 15 U.S.C. 78s(b)(3)(A). 11 17 CFR 240.19b-4(f)(6). A proposed rule change filed under 19b-4(f)(6) normally may not become operative prior to 30 days after the date of filing. 12 However, Rule 19b-4(f)(6)(iii) 13 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has requested that the Commission waive the 30-day operative delay. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because it will allow customers to benefit from the proposed rule change without delay. 14 The Commission hereby grants the Exchange's request and designates the proposal as operative upon filing. 12 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. CBOE has complied with this requirement. 13 *Id.* 14 For purposes only of waiving the 30-day operative delay of this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change, as amended, is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File No. SR-CBOE-2008-19 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-CBOE-2008-19. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of CBOE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CBOE-2008-19 and should be submitted on or before April 14, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 15 15 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-5795 Filed 3-21-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57509; File No. SR-CHX-2007-09] Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Order Granting Approval to a Proposed Rule Change To Amend the Exchange's Institutional Broker Rules To Add Provisions Relating to the Handling of Stop and Stop-Limit Orders March 17, 2008. On March 21, 2007, the Chicago Stock Exchange, Inc. (“CHX” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 a proposed rule change to amend its rules to add new provisions relating to the handling of stop and stop-limit orders by institutional brokers. The proposed rule change was published for comment in the **Federal Register** on October 19, 2007. 3 The Commission received no comment letters on the proposal. This order approves the proposed rule change. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 56657 (October 12, 2007), 72 FR 59316. After careful review of the proposal, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange, and, in particular, is consistent with Section 6(b) of the Act, 4 and the rules and regulations thereunder. 5 4 15 U.S.C. 78f(b). 5 In approving this proposed rule change, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). The Commission finds specifically that the proposal is consistent with Section 6(b)(5) of the Act 6 because the rules it would establish regarding stop and stop-limit orders are similar to requirements set forth in the rules of other self-regulatory organizations. 7 6 15 U.S.C. 78f(b)(5). 7 *See* Rules of New York Stock Exchange LLC, Rule 13; and Rules of Financial Industry Regulatory Authority, Inc. (f/k/a National Association of Securities Dealers, Inc.), Rule 5120(h). *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 8 that the proposed rule change (SR-CHX-2007-09), be, and hereby is, approved. 8 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 9 9 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-5794 Filed 3-21-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57513; File No. SR-DTC-2007-10] Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing of Amended Proposed Rule Change To Implement the New Issue Information Dissemination Service for Municipal Securities March 17, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder 2 notice is hereby given that on August 16, 2007, The Depository Trust Company (“DTC”) filed with the Securities and Exchange Commission (“Commission”) and on September 12, 2007, and March 3, 2008, amended the proposed rule change described in Items I, II, and III below, which items have been prepared primarily by DTC. The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested parties. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The proposed rule change seeks approval to implement the New Issue Information Dissemination System (“NIIDS”) for municipal securities. NIIDS is an automated system developed by DTC at the request of the Securities Industry and Financial Markets Association (“SIFMA”) 3 in order to improve the mechanism for disseminating new issue information regarding municipal securities. 3 The request originated from The Bond Market Association (“BMA”), which has since merged with the Securities Industry Association to form SIFMA. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, DTC included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. DTC has prepared summaries, set forth in sections (A), (B), and
(C)below, of the most significant aspects of these statements. 4 4 The Commission has modified the text of the summaries prepared by DTC.
(A)Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change Currently, Municipal Securities Rulemaking Board (“MSRB”) Rule G-14 generally requires municipal securities dealers to report municipal securities transactions to the MSRB within 15 minutes of the time of the trade. 5 Inter-dealer trades eligible for comparison by a clearing agency are required to be submitted through NSCC's Real Time Trade Matching System (“RTTM”) within the time frame in Rule G-14. These trades are subsequently reported to the MSRB by NSCC. NSCC requires certain securities information in order to process and report transactions involving those securities. Therefore, it is necessary that dealers trading newly issued municipal securities have the securities information needed for trade submission by the time the trade reporting is required. 5 MSRB Rule G-14 RTRS Procedures (a)(ii). Pursuant to current practice in the municipal securities market, each information vendor works separately to obtain information from offering documents and underwriters. Each information vendor's success depends in large part upon the voluntary cooperation of the underwriters. It is not unusual for information vendors to have inconsistent information or for some information vendors to receive information before others. Consequently, critical new issue information may be missing or inaccurate in the automated trade processing systems used by dealers to report the initial trades in new issues. This can result in late trade reports or trade reports that must be canceled and resubmitted or amended because they contain inaccurate data. NIIDS is designed to improve the process by which new issue information is provided by underwriters to information vendors by collecting information about a new issue from underwriters in an electronic format and making that data available immediately to information vendors. NIIDS is designed to ensure that information is disseminated as quickly and efficiently as possible after the information is made available by the underwriters. 6 6 NIIDS is being incorporated into the update of DTC's underwriting system (“UW Source”). All applicable NIIDS Data Elements must be input into UW Source for a municipal issue to close at DTC. To address concerns that dealers often lack timely access to electronically formatted securities information necessary to process and to report municipal securities transactions in real-time, MSRB Rule G-14 includes a three-hour exemption available to a dealer transacting “when, as, and if issued” municipal securities if the dealer is not a syndicate manager or member for this issue, has not traded the issue in the previous year, and the CUSIP number and indicative data of the issue are not in the dealer's securities master file (“Reporting Exemption”). 7 The Reporting Exemption will expire on or about June 30, 2008. In order to prepare for the Reporting Exemption's expiration, SIFMA asked DTC to incorporate a centralized automated mechanism for the collection and dissemination on a real-time basis of the required information as part of the planned reengineering of DTC's underwriting system. DTC built NIIDS to help make the collection and dissemination of new issue information with respect to municipal securities more efficient for the industry. 7 MSRB Rule G-14 RTRS Procedures (a)(ii)(C). An industry working group of municipal securities dealers, SIFMA members, the MSRB, and DTC have identified key data elements required for the reporting, comparison, confirmation, and settlement of trades in municipal securities (“NIIDS Data Elements”). Initially, DTC is proposing to make NIIDS available to the municipal securities industry on an optional basis to allow dealers to have some experience with NIIDS before the MSRB mandates its use. DTC proposes to make NIIDS for municipal securities available to participants on an optional basis in April 2008. DTC will mandate the use of NIIDS for municipal securities in June 2008, prior to the expiration of the MSRB Reporting Exemption. DTC periodically has been informing participants of the upcoming implementation of NIIDS and the NIIDS Data Elements through periodically issued Important Notices. Only DTC participants or those entities specifically authorized by a participant (“Correspondent”) will be able to input information into NIIDS. 8 8 Participants will be required to identify an authorized party at the Correspondent with whom DTC may interact. To commence the process, the dissemination agent (“Dissemination Agent”) for a new issue must input the NIIDS Data Elements thereby requesting that DTC make the information available to the industry through NIIDS. DTC will not confirm the NIIDS Data Elements but rather will act as a conduit to pass along such information to data vendors. DTC anticipates the data vendors will then disseminate the information to the industry thereby allowing dealers to make timely reporting of their municipal trades. DTC will record the name of the Dissemination Agent that inputs the Data Elements and the time such information is submitted. DTC will begin disseminating the data when it has received authorization from the Dissemination Agent through NIIDS. The Dissemination Agent, by triggering the dissemination decision flag in the NIIDS Data Elements, indicates the information is being sent by it and is in compliance with the terms and conditions of NIIDS. In addition, NIIDS will contain the contact information for the Dissemination Agent that populated the NIIDS Data Elements for a particular issue to enable users of the data to contact it with questions or comments. DTC is proposing to provide NIIDS to the industry in order to facilitate the collection and dissemination of new issue information in relation to municipal securities. Because DTC does not confirm the accuracy of NIIDS Data Elements and only acts as a conduit of the information, use of NIIDS 9 by any party, including but not limited to participants, correspondents, and vendors (“NIIDS Users”) 10 will constitute a waiver of any and all claims direct or indirect against DTC and its affiliates and an agreement that DTC and its affiliates shall not be liable for any loss in relation to the dissemination or use of NIIDS Data Elements, which are provided “as is.” Each NIIDS User will agree to indemnify and hold harmless DTC and its affiliates from and against any and all losses, damages, liabilities, costs, judgments, charges, and expenses arising out of or relating to the use of NIIDS. 9 Use of NIIDS shall include but not be limited to the population, dissemination, or processing of NIIDS Data Elements. 10 Data vendors or others that wish to receive NIIDS Data Elements must register in advance with DTC. The MSRB would like dealers to be able to use NIIDS before requiring them to so by rule. 11 The MSRB has filed with the Commission a rule change that would require underwriters to use NIIDS beginning June 30, 2008, to coincide with the expiration of the Reporting Exemption. 12 DTC will provide the municipal securities industry the opportunity to use NIIDS commencing April 2008. DTC intends to mandate the use of NIIDS for municipal securities in June 2008. DTC believes that members of the municipal securities industry will be using NIIDS during the period NIIDS is optional (“Optional Period”) to become accustomed to using it. This may result in Dissemination Agents inputting incomplete NIIDS Data Elements while getting acquainted with NIIDS. Therefore, no one should rely on the accuracy of the NIIDS Data Elements during the Optional Period but rather should continue to use existing authorized sources of such information. 11 The MSRB received comment on proposed rules that would require underwriters of municipal securities to participate in NIIDS. See MSRB Notice 2007-10 (March 5, 2007) at *http://www.msrb.org.* 12 Securities Exchange Act Release No. 57002 (December 20, 2007), 72 FR 73939 (December 28, 2007) [File No. SR-MSRB-2007-07]. DTC will not charge a service fee to underwriters that input or receive information through NIIDS. Additionally, DTC will not charge a service fee to information vendors that will receive information for further dissemination through NIIDS. DTC will charge a connectivity fee to underwriters, service providers, and information vendors that use NIIDS. DTC believes that the proposed rule change is consistent with the requirements of Section 17A of the Act 13 and the rules and regulations thereunder because the proposed changes promote the prompt and accurate clearance and settlement of securities transactions by streamlining the collection and dissemination of new issue information for municipal securities throughout the industry. 13 15 U.S.C. 78q-1.
(B)Self-Regulatory Organization's Statement on Burden on Competition DTC does not believe that the proposed rule change will have any impact or impose any burden on competition.
(C)Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments relating to the proposed rule change have not been solicited or received. DTC will notify the Commission of any written comments received by DTC. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within thirty-five days of the date of publication of this notice in the **Federal Register** or within such longer period:
(i)As the Commission may designate up to ninety days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or
(ii)as to which the self-regulatory organization consents, the Commission will:
(A)By order approve such proposed rule change or
(B)Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ) or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-DTC-2007-10 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-DTC-2007-10. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Section, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filings also will be available for inspection and copying at the principal office of DTC and on DTC's Web site at *http://www.dtcc.com/downloads/legal/rule_filings/2007/dtc/2007-10.pdf* , *http://www.dtcc.com/downloads/legal/rule_filings/2007/dtc/2007-10-amendment.pdf* , and *http://dtcc.com/downloads/legal/rule_filings/2007/dtc/2007-10-amendment2.pdf* . All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-DTC-2007-10 and should be submitted on or before April 8, 2008. For the Commission by the Division of Trading and Markets, pursuant to delegated authority. 14 14 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-5796 Filed 3-21-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57505; File No. SR-NYSEArca-2008-20] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change and Amendment No. 1 Thereto To Adopt Listing Rules Relating to Fixed Income Index-Linked Securities, Futures-Linked Securities, and Multifactor Index-Linked Securities March 14, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on February 14, 2008, NYSE Arca, Inc. (“NYSE Arca” or “Exchange”), through its wholly owned subsidiary, NYSE Arca Equities, Inc. (“NYSE Arca Equities”), filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. On March 14, 2008, the Exchange filed Amendment No. 1 to the proposed rule change. The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend NYSE Arca Equities Rule 5.2(j)(6), which sets forth the Exchange's listing standards for Equity Index-Linked Securities, Commodity-Linked Securities, and Currency-Linked Securities, 3 to permit the listing and trading of Fixed Income Index-Linked Securities, Futures-Linked Securities, and Multifactor Index-Linked Securities thereunder. The text of the proposed rule change is available at the Exchange, the Commission's Public Reference Room, and *http://www.nyse.com* . 3 Equity Index-Linked Securities are securities that provide for the payment at maturity of a cash amount based on the performance of an underlying index or indexes of equity securities (“Equity Reference Asset”). Commodity-Linked Securities are securities that provide for the payment at maturity of a cash amount based on the performance of one or more physical commodities or commodity futures, options or other commodity derivatives or Commodity-Based Trust Shares (as defined in NYSE Arca Equities Rule 8.201), or a basket or index of any of the foregoing (“Commodity Reference Asset”). Currency-Linked Securities are securities that provide for the payment at maturity of a cash amount based on the performance of one or more currencies, or options or currency futures or other currency derivatives or Currency Trust Shares (as defined in NYSE Arca Equities Rule 8.202), or a basket or index of any of the foregoing (“Currency Reference Asset”). *See* NYSE Arca Equities Rule 5.2(j)(6). As a result of the proposed rule change, “Index-Linked Securities,” which currently include Equity Index-Linked Securities, Commodity-Linked Securities, and Currency-Linked Securities, will also include, by definition, Fixed Income Index-Linked Securities, Futures-Linked Securities, and Multifactor Index-Linked Securities. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend NYSE Arca Equities Rule 5.2(j)(6) to adopt new generic listing standards, pursuant to which the Exchange would be able to list and trade Fixed Income Index-Linked Securities, Futures-Linked Securities, and Multifactor Index-Linked Securities without Commission approval under Rule 19b-4(e) under the Act, 4 and to make conforming changes to Commentary .01 of NYSE Arca Equities Rule 5.2(j)(6) to extend its application to Futures-Linked Securities and Multifactor Index-Linked Securities that are composed in part of Commodity, Currency, or Futures Reference Assets (as defined herein). 4 Rule 19b-4(e)(1) under the Act provides that the listing and trading of a new derivative securities product by a self-regulatory organization (“SRO”) shall not be deemed a proposed rule change, pursuant to paragraph (c)(1) of Rule 19b-4 under the Act (17 CFR 240.19b-4(c)(1)), if the Commission has approved, pursuant to Section 19(b) of the Act (15 U.S.C. 78s(b)), the SRO's trading rules, procedures, and listing standards for the product class that would include the new derivatives securities product, and the SRO has a surveillance program for the product class. *See* 17 CFR 240.19b-4(e). The Exchange represents that any securities it lists and/or trades pursuant to Rule 19b-4(e)(1) and NYSE Arca Equities Rule 5.2(j)(6), as amended, will satisfy the proposed standards set forth therein. The Exchange states that within five business days after commencement of trading of any such security under NYSE Arca Equities Rule 5.2(j)(6), as amended, the Exchange will file a Form 19b-4(e). 5 5 *See* 17 CFR 240.19b-4(e)(2)(ii); 17 CFR 249.820. Fixed Income Index-Linked Securities Fixed Income Index-Linked Securities are securities that provide for the payment at maturity based on the performance of one or more indexes or portfolios of debt securities that are notes, bonds, debentures, or evidence of indebtedness that include, but are not limited to, U.S. Department of Treasury securities (“Treasury Securities”), government-sponsored entity securities (“GSE Securities”), municipal securities, trust preferred securities, supranational debt and debt of a foreign country or subdivision thereof, or a basket or index of any of the foregoing (collectively, “Fixed Income Reference Asset”). Fixed Income Index-Linked Securities, like other Index-Linked Securities, will be subject to the general criteria in NYSE Arca Equities Rule 5.2(j)(6)(A) for initial listing. For the initial listing of a series of Fixed Income Index-Linked Securities, the Fixed Income Reference Asset must either:
(1)Have been reviewed and approved for the trading of options, Investment Company Units (as defined in NYSE Arca Equities Rule 5.2(j)(3)), or other derivatives by the Commission under Section 19(b)(2) of the Act 6 and rules thereunder and the conditions set forth in the Commission's approval order continue to be satisfied, or
(2)meet the following requirements: 7 6 15 U.S.C. 78s(b)(2). 7 The Exchange notes that the quantitative standards for Fixed Income Reference Assets are substantially similar to those set forth under Commentary .02 to NYSE Arca Equities Rule 5.2(j)(3) relating to fixed income securities underlying Investment Company Units. *See* Commentary .02 to NYSE Arca Equities Rule 5.2(j)(3). • Components of the Fixed Income Reference Asset that, in the aggregate, account for at least 75% of the dollar weight of the Fixed Income Reference Asset must each have a minimum original principal amount outstanding of $100 million or more; • A component of the Fixed Income Reference Asset may be a convertible security, however, once the convertible security component converts to the underlying equity security, the component is removed from the Fixed Income Reference Asset; • No component of the Fixed Income Reference Asset (excluding Treasury Securities and GSE Securities) will represent more than 30% of the dollar weight of the Fixed Income Reference Asset, and the five highest dollar weighted components in the Fixed Income Reference Asset will not, in the aggregate, account for more than 65% of the dollar weight of the Fixed Income Reference Asset; • An underlying Fixed Income Reference Asset (excluding one consisting entirely of exempted securities) 8 must include a minimum of 13 non-affiliated issuers; and 8 The Exchange notes that, for purposes of this standard, exempted securities refers to Treasury Securities and GSE Securities, as defined in proposed NYSE Arca Equities Rule 5.2(j)(6)(iv). • Component securities that, in the aggregate, account for at least 90% of the dollar weight of the Fixed Income Reference Asset must be from one of the following:
(1)Issuers that are required to file reports pursuant to Sections 13 and 15(d) of the Act; 9 or
(2)issuers that have a worldwide market value of outstanding common equity held by non-affiliates of $700 million or more; or
(3)issuers that have outstanding securities that are notes, bonds, debentures, or evidence of indebtedness having a total remaining principal amount of at least $1 billion; or
(4)exempted securities, as defined in Section 3(a)(12) of the Act; 10 or
(5)issuers that are a government of a foreign country or a political subdivision of a foreign country; and 9 15 U.S.C. 78m; 15 U.S.C. 78o(d). 10 15 U.S.C. 78c(a)(12). With respect to any series of Fixed Income Index-Linked Securities, the value of the Fixed Income Reference Asset must be widely disseminated to the public by one or more major market vendors at least once per business day. In addition, the Exchange will commence delisting or removal proceedings if: 11 11 The Exchange notes that the continued listing standards for each of Fixed Income Index-Linked Securities, Futures-Linked Securities, and Multifactor Index-Linked Securities are substantially similar to those standards currently applicable to other Index-Linked Securities. • Any of the initial listing criteria for Fixed Income Index-Linked Securities are not continuously maintained; • The aggregate market value or the principal amount of the Fixed Income Index-Linked Securities publicly held is less than $400,000; • The value of the Fixed Income Reference Asset is no longer calculated or available and a new Fixed Income Reference is substituted, unless the new Fixed Income Reference Asset meets the requirements of NYSE Arca Equities Rule 5.2(j)(6); or • Such other event shall occur or condition exists that, in the opinion of the Exchange, makes further dealings on the Exchange inadvisable. Futures-Linked Securities Futures-Linked Securities are securities that provide for the payment at maturity based on the performance of an index of
(1)futures on Treasury Securities, GSE Securities, supranational debt and debt of a foreign country or a subdivision thereof, or options or other derivatives on any of the foregoing, or
(2)interest rate futures or options or derivatives on the foregoing (collectively, “Futures Reference Asset”). Futures-Linked Securities will also be subject to the general criteria in NYSE Arca Equities Rule 5.2(j)(6)(A) for initial listing. An issue of Futures-Linked Securities must meet one of the initial listing standards set forth below: • The Futures Reference Asset to which the security is linked shall have been reviewed and approved for the trading of Futures-Linked Securities or options or other derivatives by the Commission under Section 19(b)(2) of the Act 12 and rules thereunder and the conditions set forth in the Commission's approval order, including with respect to comprehensive surveillance sharing agreements, continue to be satisfied; or 12 15 U.S.C. 78s(b)(2). • The pricing information for components of a Futures Reference Asset must be derived from a market which is an Intermarket Surveillance Group (“ISG”) member or affiliate member or with which the Exchange has a comprehensive surveillance sharing agreement. A Futures Reference Asset may include components representing not more than 10% of the dollar weight of such Futures Reference Asset for which the pricing information is derived from markets that do not meet the specified foregoing requirements; provided, however, that no single component subject to this exception exceeds 7% of the dollar weight of the Futures Reference Asset. In addition, an issue of Futures-Linked Securities must meet both of the following initial listing criteria: • The value of the Futures Reference Asset must be calculated and widely disseminated by one or more major market data vendors on at least a 15-second basis during the Core Trading Session (as defined in NYSE Arca Equities Rule 7.34); 13 and 13 *See* NYSE Arca Equities Rule 7.34 (describing the three trading sessions of the Exchange to include the Opening Session, from 4 a.m. to 9:30 a.m. Eastern Time or “ET,” Core Trading Session, from 9:30 a.m. to 4 p.m. ET, and Late Trading Session, from 4 p.m. to 8 p.m. ET). • In the case of Futures-Linked Securities that are periodically redeemable, the indicative value of the subject Futures-Linked Securities must be calculated and widely disseminated by the Exchange or one or more major market data vendors on at least a 15-second basis during the Core Trading Session. The Exchange will commence delisting or removal proceedings if: • Any of the initial listing criteria for Futures-Linked Securities are not continuously maintained; • The aggregate market value or the principal amount of the Futures-Linked Securities publicly held is less than $400,000; • The value of the Futures Reference Asset is no longer calculated or available and a new Futures Reference Asset is substituted, unless the new Futures Reference Asset meets the requirements of NYSE Arca Equities Rule 5.2(j)(6); or • Such other event shall occur or condition exists which, in the opinion of the Exchange, makes further dealings on the Exchange inadvisable. Multifactor Index-Linked Securities Multifactor Index-Linked Securities are securities that provide for payment at maturity based on the performance of any combination of two or more Equity Reference Assets, Commodity Reference Assets, Currency Reference Assets, Fixed Income Reference Assets, or Futures Reference Assets (collectively, the “Multifactor Reference Asset,” and together with Equity Reference Assets, Commodity Reference Assets, Currency Reference Assets, Fixed Income Reference Assets, and Futures Reference Assets, collectively, the “Reference Assets”). In addition, a Multifactor Reference Asset may include as a component a notional investment in cash or a cash equivalent based on a widely accepted overnight loan interest rate, London Interbank Offered Rate (“LIBOR”), Prime Rate, or an implied interest rate based on observed market spot and foreign currency forward rates. The Exchange states that, for purposes of a notional investment as a component of a Multifactor Reference Asset, a long LIBOR weighting would represent a leverage charge offsetting long positions in the underlying Reference Assets. Multifactor Index-Linked Securities will be subject to the general criteria under NYSE Arca Equities Rule 5.2(j)(6)(A) for initial listing. In addition, for a series of Multifactor Index-Linked Securities to be appropriate for listing, each component of the Multifactor Reference Asset must either:
(1)Have been reviewed and approved for the trading of options, Investment Company Units, or other derivatives under Section 19(b)(2) of the Act 14 and rules thereunder and the conditions set forth in the Commission's approval order continued to be satisfied; or
(2)meet the applicable requirements for initial and continued listing set forth in the relevant section of NYSE Arca Equities Rule 5.2(j)(6). In addition, an issue of Multifactor Index-Linked Securities must meet both of the following initial listing criteria: 14 15 U.S.C. 78s(b)(2). • The value of the Multifactor Reference Asset must be calculated and widely disseminated to the public on at least a 15-second basis during the time the Multifactor Index-Linked Security trades on the Exchange; and • In the case of Multifactor Index-Linked Securities that are periodically redeemable, the indicative value of the Multifactor Index-Linked Securities must be calculated and widely disseminated by one or more major market data vendors on at least a 15-second basis during the time the Multifactor Index-Linked Securities trade on the Exchange. The Exchange will commence delisting or removal proceedings if: • Any of the initial listing criteria for Multifactor Index-Linked Securities are not continuously maintained; • The aggregate market value or the principal amount of the Multifactor Index-Linked Securities publicly held is less than $400,000; • The value of the Multifactor Reference Asset is no longer calculated or available and a new Multifactor Reference Asset is substituted, unless the new Multifactor Reference Assets meets the requirements of NYSE Arca Equities Rule 5.2(j)(6); or • Such other event shall occur or condition exists that, in the opinion of the Exchange, makes further dealings on the Exchange inadvisable. Information Circular Upon evaluating the nature and complexity of each Fixed Income Index-Linked Security, Futures-Linked Security, or Multifactor Index-Linked Security, the Exchange represents that it will prepare and distribute, if appropriate, an Information Circular to ETP Holders 15 describing the product. Accordingly, the Information Circular will disclose the particular structure and corresponding risks of a Fixed Income Index-Linked Security, Futures-Linked Security, or Multifactor Index-Linked Security traded on the Exchange. In particular, the Information Circular will set forth the Exchange's suitability rule that requires ETP Holders recommending a transaction in Fixed Income Index-Linked Securities, Futures-Linked Securities, or Multifactor Index-Linked Securities:
(1)To determine that such transaction is suitable for the customer (NYSE Arca Equities Rule 9.2(a)); and
(2)to have a reasonable basis for believing that the customer can evaluate the special characteristics, and is able to bear the financial risks, of such transaction. In addition, the Information Circular will reference the requirement that ETP Holders must deliver a prospectus to investors purchasing newly issued Index-Linked Securities prior to or concurrently with the confirmation of a transaction. The Information Circular will also note that all of the Exchange's equity trading rules will be applicable to trading in Fixed Income Index-Linked Securities, Futures-Linked Securities, and Multifactor Index-Linked Securities. Finally, the Information Circular will discuss the risks involved in trading such securities during the Opening and Late Trading Sessions 16 when an updated indicative value or Reference Asset value, as applicable, will not be calculated or publicly disseminated. 15 ETP Holder refers to a sole proprietorship, partnership, corporation, limited liability company, or other organization in good standing that has been issued an Equity Trading Permit or “ETP.” An ETP Holder must be a registered broker or dealer pursuant to Section 15 of the Act. *See* NYSE Arca Equities Rule 1.1(n). 16 *See supra* note 13. Surveillance The Exchange intends to utilize its existing surveillance procedures applicable to derivative products (including Index-Linked Securities) to monitor trading in Fixed Income Index-Linked Securities, Futures-Linked Securities, and Multifactor Index-Linked Securities. The Exchange represents that these procedures are adequate to properly monitor Exchange trading of such securities in all trading sessions and to deter and detect violations of Exchange rules. The Exchange's current trading surveillance focuses on detecting when securities trade outside their normal patterns. When such situations are detected, surveillance analysis follows and investigations are opened, where appropriate, to review the behavior of all relevant parties for all relevant trading violations. The Exchange may also obtain information via ISG from other exchanges who are members or affiliate members of ISG. 17 In addition, the Exchange also has a generally policy prohibiting the distribution of material, non-public information by its employees. 17 The Exchange notes that not all of the instruments underlying Index-Linked Securities may trade on exchanges that are members or affiliate members of ISG. Trading Halts If the indicative value or Reference Asset value applicable to a series of Index-Linked Securities is not being disseminated as required, the Exchange may halt trading during the day on which the interruption first occurs. If such interruption persists past the trading day in which it occurred, the Exchange will halt trading no later than the beginning of the trading day following the interruption. Firewall Procedures Fixed Income Index-Linked Securities, Futures-Linked Securities, and Multifactor Index-Linked Securities, like other Index-Linked Securities, will be subject to the firewall requirements under NYSE Arca Equities Rule 5.2(j)(6)(C). The firewall requirements provide that, if the value of an Index-Linked Security is based in whole or in part on an index that is maintained by a broker-dealer, the broker-dealer shall erect a “firewall” around the personnel responsible for the maintenance of the underlying index or who have access to information concerning changes and adjustments to the index, and the index shall be calculated by a third party who is not a broker-dealer. Furthermore, as provided in NYSE Arca Equities Rule 5.2(j)(6)(C), any advisory committee, supervisory board, or similar entity that advises an index licensor or administrator or that makes decisions regarding the index or portfolio composition, methodology, and related matters must implement and maintain, or be subject to, procedures designed to prevent the use and dissemination of material, non-public information regarding the applicable index or portfolio. Commentary .01 The Exchange has also proposed conforming changes to Commentary .01 to NYSE Arca Equities Rule 5.2(j)(6) relating to the obligations of an Exchange ETP Holder acting as a registered Market Maker in order to extend its application to Futures-Linked Securities and Multifactor Index-Linked Securities to the extent that such securities are composed, in part, of Commodity, Currency, or Futures Reference Assets. 18 18 The Exchange states that Equity Index-Linked Securities and Fixed Income Index-Linked Securities are excluded from Commentary .01 to NYSE Arca Rule 5.2(j)(6) because such securities are subject to the requirements of NYSE Arca Equities Rule 7.26 (Limitations on Dealings). 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act, 19 in general, and furthers the objectives of Section 6(b)(5) of the Act, 20 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The Exchange states that the proposed rules applicable to trading pursuant to generic listing and trading criteria, together with the Exchange's surveillance procedures applicable to trading in the securities covered by the proposed rules, serve to foster investor protection. 19 15 U.S.C. 78f(b). 20 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange states that it has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or
(ii)as to which the Exchange consents, the Commission will: A. By order approve such proposed rule change, or B. Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-NYSEArca-2008-20 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEArca-2008-20. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEArca-2008-20 and should be submitted on or before April 14, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 21 21 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-5793 Filed 3-21-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57515; File No. SR-Phlx-2008-21] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Add the SIG Energy MLP Index TM to Rules 1101A and 1104A March 18, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on March 11, 2008, the Philadelphia Stock Exchange, Inc. (“Exchange” or “Phlx”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange. The Exchange has designated this proposal as non-controversial under Section 19(b)(3)(A)(iii) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders the proposed rule change effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(iii). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to add the new SIG Energy MLP Index TM (trading as SVO SM ) to Phlx Rule 1101A (Terms of Options Contracts), regarding listing options at strike price intervals of no less than $2.50 for strike prices less than $200, and to Phlx Rule 1104A (SIG Indices, LLLP), which sets forth SIG Indices's disclaimer of express or implied warranties. The text of the proposed rule change is available on the Exchange's Web site ( *http://www.phlx.com* ), at the Exchange's principal office, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to amend Phlx Rules 1101A and 1104A to include the SIG Energy MLP Index TM , which was recently licensed by SIG Indices, LLLP (“Susquehanna”) to the Exchange, and thereby allow
(i)the Exchange to list the index at strike price intervals of no less than $2.50 for strike prices less than $200, and
(ii)Susquehanna's disclaimer of liability for use of the index. The proposal to permit $2.50 strike price intervals should encourage the listing of options on the index at appropriate strike price intervals, to the benefit of investors. The proposed disclaimer should encourage maintenance of the SIG Energy MLP Index TM by Susquehanna, enabling the Exchange to continue to list options overlying the index. 5 5 The Exchange currently lists and trades options on the SIG Steel Producers Index TM , the SIG Coal Producers Index TM , the SIG Oil Exploration & Production Index TM , and the newly-licensed SIG Energy MLP Index TM pursuant to a license agreement with Susquehanna Indices, LLLP (“License Agreement”) and Exchange Rule 1009A(b). All of the SIG Indexes noted herein are trademarks of SIG Indices, LLLP. Phlx Rule 1101A currently indicates that the Exchange shall determine fixed point strike price intervals for index options at no less than $5.00, provided that for indexes that are listed in Rule 1101A the Exchange may determine to list strike prices at no less than $2.50 intervals if the strike price is less than $200. 6 The rule provides also that such options may be traded at $2.50 strike price intervals in response to customer interest or specialist request. The proposed rule change adds the SIG Energy MLP Index TM to the list of indexes in Rule 1101A upon which the Exchange may list options at $2.50 strike price intervals. 6 *See* Securities Exchange Act Release No. 54973 (December 20, 2006), 71 FR 78252 (December 28, 2006) (SR-Phlx-2006-82). Phlx Rule 1104A currently provides that Susquehanna makes no warranty, express or implied, as to results to be obtained by any person or entity from the use of Susquehanna proprietary indexes, 7 and that Susquehanna makes no express or implied warranties of merchantability or fitness for a particular purpose for use with respect to any of the named indexes or any data included therein. 8 The proposed rule change expands the coverage of Rule 1104A to include the newly-listed SIG Energy MLP Index TM , as required by the License Agreement. 7 The indexes noted in Rule 1101A include the SIG Investment Managers Index TM , the SIG Cable, Media & Entertainment Index TM , the SIG Casino Gaming Index TM , the SIG Semiconductor Equipment Index TM , the SIG Semiconductor Device Index TM , the SIG Specialty Retail Index TM , the SIG Steel Producers Index TM , the SIG Footwear & Athletic Index TM , the SIG Education Index TM , the SIG Restaurant Index TM , and the SIG Coal Producers Index TM . 8 The Exchange noted in its filing to adopt Rule 1104A that the proposed disclaimer was appropriate given that it was similar to disclaimer provisions of American Stock Exchange (“Amex”) Rule 902C relating to indexes underlying options listed on Amex. *See* Securities Exchange Act Release No. 47937 (May 28, 2003), 68 FR 33555 (June 4, 2003) (SR-Phlx-2003-21). The Exchange subsequently amended Rule 1104A to add new indexes, similar to the current proposal. *See, e.g.* , Securities Exchange Act Release No. 51664 (May 6, 2005), 70 FR 25641 (May 13, 2005) (SR-Phlx-2005-24). The Exchange believes that the proposal should benefit investors by effectively encouraging the listing and trading of options on an additional Susquehanna index at more precise strike price intervals, thereby expanding the availability of appropriate investment choices for investors. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act 9 in general, and furthers the objectives of Section 6(b)(5) of the Act 10 in particular, in that it is designed to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The Exchange believes that the proposed rule change will encourage Susquehanna to continue to maintain the SIG Energy MLP Index TM , enabling the Exchange to list options on the index and thereby provide investors with a wider range of investment opportunities. The proposed rule change should also give the Exchange the capability to price options on the SIG Energy MLP Index TM at $2.50 strike price intervals, thereby encouraging more efficient pricing. 9 15 U.S.C. 78f(b). 10 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The Exchange has designated the proposed rule change as one that:
(1)Does not significantly affect the protection of investors or the public interest;
(2)does not impose any significant burden on competition; and
(3)does not become operative for 30 days from the date of filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest. Therefore, the foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 11 and subparagraph (f)(6) of Rule 19b-4 thereunder. 12 11 15 U.S.C. 78s(b)(3)(A). 12 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires a self-regulatory organization to provide the Commission with written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has fulfilled this requirement. The Exchange has asked the Commission to waive the operative delay to permit the proposed rule change to become operative prior to the 30th day after filing. The Exchange currently trades options on the SIG Energy MLP Index, and would like to add the index to Rule 1104A without delay to grant Susquehanna comfort that its liability has been properly disclaimed for the index, as it has been for Susquehanna's other index products currently listed in Rule 1104A. This will encourage Susquehanna to continue to provide the index, allowing the Exchange to continue to list options on the index without interruption. 13 13 Telephone conversation between Jurij Trypupenko, Director and Counsel, Phlx, and Nathan Saunders, Special Counsel, Division of Trading and Markets, Commission, on March 13, 2008. The Commission believes that waiving the 30-day operative delay of the Exchange's proposal is consistent with the protection of investors and the public interest. 14 Therefore, the Commission designates the proposal to be operative upon filing. 14 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate the rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File No. SR-Phlx-2008-21 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Phlx-2008-21. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commissions Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Phlx-2008-21 and should be submitted on or before April 14, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 15 15 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-5797 Filed 3-21-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [File No. 500-1] In the Matter of Certain Companies Quoted on the Pink Sheets: NeoTactix Corporation Graystone Park Enterprises, Inc. Younger America, Inc.; Order of Suspension of Trading March 20, 2008. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of the issuers listed below. As set forth below for each issuer, questions have arisen regarding the adequacy and accuracy of publicly disseminated information concerning, among other things:
(1)The companies' current financial condition,
(2)the companies' management,
(3)the companies' business operations, and/or
(4)stock promoting activity. 1. NeoTactix Corporation is a Nevada company with offices in Irvine, California. Questions have arisen regarding the adequacy and accuracy of statements in the company's press releases and promotional videos concerning the company's management, operations, current financial condition, transactions involving the issuance of the company's shares, and concerning stock promoting activity. 2. Graystone Park Enterprises, Inc. is a Colorado company with offices in Orlando, Florida. Questions have arisen regarding the adequacy and accuracy of press releases, promotional videos, and statements on the company's Web site concerning the company's current financial condition, operations, management, and concerning stock promoting activity. 3. Younger America, Inc. is a Nevada company with offices in Ft. Lauderdale, Florida. Questions have arisen regarding the adequacy and accuracy of press releases and promotional videos concerning the company's current financial condition, operations, management, transactions involving the issuance of the company's shares, and concerning stock promoting activity. The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the companies listed above. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the securities of the companies listed above is suspended for the period from 9:30 a.m. EDT on March 20, 2008, through 11:59 p.m. EDT, on April 3, 2008. By the Commission. Florence E. Harmon, Deputy Secretary. [FR Doc. 08-1070 Filed 3-21-08; 11:46 am]
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  • 12 CFR 327
  • Pub. L. 109-173
  • 119 Stat. 3601
  • 12 CFR 327.53
  • Pub. L. 106-102
  • 113 Stat. 1338
  • Pub. L. 105-277
  • 13 CFR 120
  • 40 CFR 52
  • 40 CFR 59
  • Pub. L. 110-161
  • 24 CFR 982
  • 7 CFR 3560.103
  • 7 CFR 11
  • 44 USC 3501-3520
  • Pub. L. 92-463
  • Pub. L. 94-409
  • Pub. L. 96-523
  • Pub. L. 97-375
  • Pub. L. 105-153
  • 15 CFR 400.24-26
  • 346 F. Supp. 2d 1312
  • 358 F. Supp. 2d 1313
  • 481 F.3d 1355
  • 16 USC 1531B
  • Pub. L. 104-164
  • 41 CFR 102
  • 32 CFR 319
  • Pub. L. 93-275
  • Pub. L. 95-91
  • Pub. L. 104-13
  • 16 USC 791a-825r
  • 18 CFR 380
  • 18 CFR 5
  • 18 CFR 34
  • 10 CFR 903
  • 10 CFR 1021
  • 40 CFR 82
  • 40 CFR 82.13
  • 47 CFR 64.703(b)
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U.S.C.§ 1817
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C.F.R.§ 121.201
U.S.C.§ 605
Pub. L.Public Law 118-137
U.S.C.§ 1471
U.S.C.§ 883a
U.S.C.§ 81b
C.F.R.§ 351.214
F. Supp.346 F. Supp. 2d 1312
F. Supp.358 F. Supp. 2d 1313
F. App'x481 F.3d 1355
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