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Code · REGISTER · 2008-04-01 · Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Federal Crop Insurance Corporation See Foreign Agricultural Service See Forest Service See Rural Utilities Service · Unknown

Unknown. Final rule; correction

112,422 words·~511 min read·/register/2008/04/01/08-1085·

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

--- schema: federal-register doc_type: fedreg source_file: FR-2008-04-01.xml --- 73 63 Tuesday, April 1, 2008 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Federal Crop Insurance Corporation See Foreign Agricultural Service See Forest Service See Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, E8-6647 17294-17295 E8-6653 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17295-17296 E8-6649 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Architectural And Transportation Barriers Compliance Board, 17302-17303 E8-6587 Performance Review Board Membership, 17303 E8-6586 Army Army Department NOTICES Meetings: Army Educational Advisory Committee, 17328 E8-6639 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Census Census Bureau NOTICES American Indian Areas
(AIAs)for the 2010 Census; Proposed Criteria and Guidelines, 17303-17314 E8-6665 Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 17346-17347 E8-6596 Centers Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, E8-6507 17347-17348 E8-6510 Medicaid Program: Final State Allotments for Payment of Medicare Part B Premiums for Qualifying Individuals for 2007 Federal Fiscal Year, 17348-17353 E8-5748 Medicare and Medicaid Programs: Quarterly Listing of Program Issuances; October-December 2007, 17422-17759 E8-5745 Meetings: Medicare Evidence Development and Coverage Advisory Committee, 17353-17354 E8-5882 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Piscataqua River, Portsmouth, NH, and Kittery, ME, 17249 E8-6616 Quinnipiac River, New Haven, CT, 17250-17252 E8-6631 NOTICES Meetings: Chemical Transportation Advisory Committee, 17369-17370 E8-6618 Commercial Fishing Industry Vessel Safety Advisory Committee, 17370-17371 E8-6624 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Defense Defense Department See Army Department See Navy Department PROPOSED RULES TRICARE: Outpatient Hospital Prospective Payment System (OPPS), 17271-17289 E8-6514 NOTICES Defense Transportation Regulation, Part IV, 17327 E8-6660 Privacy Act; Systems of Records, 17327-17328 E8-6652 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17341 E8-6588 Final Priority, Definitions, Requirements, and Selection Criteria, 17868-17870 E8-6678 Migrant Education Coordination Program, 17341-17344 E8-6689 Models of Exemplary, Effective, and Promising Alcohol or Other Drug Abuse Prevention Programs on College Campuses: 2008 Fiscal Year Applications, 17872-17875 E8-6691 Technical Assistance Workshop for FY 2008 Demonstration Projects: Students with Disabilities, 17344 E8-6697 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Applications to Export Electric Energy: Shell Energy North America (US), L.P., 17345 E8-6664 EPA Environmental Protection Agency RULES National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities, 17252-17257 E8-6544 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans; Wyoming: Revisions to New Source Review Rules, 17289-17292 E8-6642 National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities, 17292-17293 E8-6548 NOTICES Approval of the Primacy Application for National Primary Drinking Water Regulations; IA, 17345-17346 E8-6654 Executive Executive Office of the President See National Drug Control Policy Office See Presidential Documents FAA Federal Aviation Administration RULES Robinson R-22/R-44 Special Training And Experience Requirements, 17243-17246 E8-6804 PROPOSED RULES Airworthiness Directives: Boeing Model 747 100, 747 200B, 747 300, and 747SR Series Airplanes, 17258-17260 E8-6613 Short Brothers Model SD3-60 Airplanes, 17260-17263 E8-6614 NOTICES Noise Exposure Map: Santa Fe, New Mexico, 17411-17412 E8-6336 Federal Crop Federal Crop Insurance Corporation RULES Mustard Crop Insurance Provisions; Correction, 17243 E8-6728 Federal Energy Federal Energy Regulatory Commission RULES Cross-Subsidization Restrictions on Affiliate Transactions, 17246-17247 E8-6617 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statement: San Benito County And Santa Clara County, CA, 17412-17413 E8-6607 FTC Federal Trade Commission PROPOSED RULES Appliance Labeling Rule, 17263-17268 E8-6566 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Helianthus paradoxus (Pecos Sunflower), 17762-17807 E8-5811 Food Food and Drug Administration NOTICES The Essentials of Food and Drug Administration Medical Device Regulations: Primer for Manufacturers and Suppliers; Public Seminar, 17354-17355 08-1085 MISSING FOR: Foreign Agricultural Service Foreign Agricultural Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17296-17297 E8-6506 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES Applications: Foreign Trade Zone 50 - Port of Long Beach; Expansion of Subzone 50I Ultramar Inc., Wilmington, CA, 17314-17315 E8-6704 Grant of Authority For Subzone Status: Medline Industries, Inc.— Mundelein, Waukegan, and Libertyville, IL, 17315 E8-6707 MOVA Pharmaceutical Corp., Manati, PR, 17315-17316 E8-6708 Forest Forest Service NOTICES Environmental Impact Statement: Klamath National Forest, CA, 17297-17300 E8-6628 Lake Tahoe Basin Management Unit, California, South Tahoe Greenway Shared-Use Trail Project, 17300-17302 E8-6502 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Indian Health Service See Substance Abuse and Mental Health Services Administration NOTICES Decision to Evaluate a Petition to Designate a Class of Employees at the Nuclear Materials, etc., 17346 E8-6641 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, E8-6694 17371-17372 E8-6695 Announcement of Funding Awards: Indian Community Development Block Grant Program 2007 Fiscal Year, 17372-17375 E8-6719 Indian Indian Affairs Bureau NOTICES Meetings: Tribal Consultation for Facilities Management Activities, 17375 E8-6644 Indian Indian Health Service NOTICES Tribal Management Grant Program, 17355-17365 E8-6429 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service NOTICES Request for Nominations: Information Reporting Program Advisory Committee, 17417-17418 E8-6501 International International Trade Administration NOTICES Antidumping: Steel Threaded Rod from the Peoples Republic of China, 17318-17323 E8-6712 Antidumping Duty Order: Heavy Forged Hand Tools; People's Republic of China, 17316-17317 E8-6679 Antidumping or Countervailing Duty Orders: Opportunity to Request Administrative Review, 17317-17318 E8-6709 Upcoming Sunset Reviews, 17318 E8-6693 Export Trade Certificate of Review, 17323-17324 E8-6646 Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty, 17324 E8-6714 Request for Panel Review: North American Free-Trade Agreement, 17324-17325 E8-6690 Land Land Management Bureau NOTICES Environment Impact Statement: Draft Oil Shale and Tar Sands Resource Management Plan Amendments; Land Use Allocations in Colorado, Utah, and Wyoming; Comment Period, 17375-17376 E8-6645 Privacy Act; Systems of Records, 17376-17377 E8-6648 Proposed Reinstatement of Terminated Oil and Gas Lease, 17377 E8-6621 E8-6623 Solicitation of Applications for the Steens Mountain Advisory Council, 17377 E8-6650 Minerals Minerals Management Service NOTICES Outer Continental Shelf Civil Penalties, 17378-17382 E8-6687 National Drug National Drug Control Policy Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17382 E8-6604 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17383 E8-6615 Meetings; Sunshine Act, 17383 E8-6541 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17413-17416 E8-6622 E8-6627 E8-6629 NOAA National Oceanic and Atmospheric Administration NOTICES Evaluation of State Coastal Management Programs and National Estuarine Research Reserves, 17325-17326 E8-6696 Meetings: Hydrographic Services Review Panel, 17326 E8-6721 Permits; Foreign Fishing, 17326-17327 E8-6698 Navy Navy Department NOTICES Privacy Act; Systems of Records, 17328-17341 E8-6632 E8-6637 E8-6638 Nuclear Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17383-17384 E8-6626 Exemption: Entergy Operations, Inc. Arkansas Nuclear One, Unit Two, 17384-17386 E8-6630 National Office of National Drug Control Policy See National Drug Control Policy Office Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Hazardous Materials: Improving the Safety of Railroad Tank Car Transportation of Hazardous Materials, 17818-17865 E8-6563 Postal Postal Regulatory Commission NOTICES Postal Service Oversight; Availability of report, 17386 E8-6701 Presidential Presidential Documents ADMINISTRATIVE ORDERS Kosovo; Eligibility to Receive Defense Articles and Services (Presidential Determination No. 2008-15 of March 19, 2008), 17241 E8-6836 Ukraine; determinations under the Omnibus Trade and Competitiveness Act of 1988 (Presidential Determination) No. 2008-17 of March 28, 2008, 17877-17880 08-1087 RUS Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17302 E8-6670 SEC Securities and Exchange Commission RULES Internet Availability of Proxy Materials, Regulation of Takeovers, etc.; Technical Amendments, 17810-17815 E8-5708 NOTICES Meetings; Sunshine Act, 17386 E8-6718 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Incorporated, 17388 E8-6610 International Securities Exchange, LLC, 17386-17387 E8-6609 New York Stock Exchange LLC, 17388-17390 E8-6608 NYSE Arca, Inc, 17390-17393 E8-6656 E8-6657 The NASDAQ Stock Market LLC, 17393-17395 E8-6611 State State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17395-17396 E8-6673 Bureau of Political-Military Affairs; Directorate of Defense Trade Controls: Renewal of Defense Trade Advisory Group Charter, 17396 E8-6676 Meetings: Advisory Committee on International Communications and Information Policy, 17396-17397 E8-6677 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17365-17369 E8-6581 E8-6620 Surface Surface Mining Reclamation and Enforcement Office RULES Crow Tribe Abandoned Mine Land Reclamation Plan, 17247-17249 E8-6692 PROPOSED RULES Pennsylvania Regulatory Program, 17268-17270 E8-6715 Surface Surface Transportation Board NOTICES Abandonment Exemption: Florida Midland Railroad Company, Inc.; Sumter County, FL, 17416-17417 E8-6445 Petition for Exemption: Itasca County Regional Rail Authority, Itasca County, MN, 17417 E8-6542 Susquehanna Susquehanna River Basin Commission NOTICES Public Comment and Public Hearing, 17397 E8-6625 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Notice Of Order Soliciting Community Proposals, 17397-17411 E8-6538 Treasury Treasury Department See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, E8-6590 17418-17420 E8-6592 E8-6593 E8-6595 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 17422-17759 E8-5745 Part III Interior Department, Fish and Wildlife Service, 17762-17807 E8-5811 Part IV Securities and Exchange Commission, 17810-17815 E8-5708 Part V Transportation Department, Pipeline and Hazardous Materials Safety Administration, 17818-17865 E8-6563 Part VI Education Department, 17868-17870 E8-6678 Part VII Education Department, 17872-17875 E8-6691 Part VIII Executive Office of the President, Presidential Documents, 17877-17880 08-1087 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 73 63 Tuesday, April 1, 2008 Rules and Regulations DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR Part 457 RIN 0563-AC04 Common Crop Insurance Regulations, Mustard Crop Insurance Provisions; Correction AGENCY: Federal Crop Insurance Corporation, USDA. ACTION: Final rule; correction. SUMMARY: This document contains corrections to the final regulation which was published Monday, March 3, 2008 (73 FR 11318-11323). The regulation pertains to the insurance of Mustard. DATES: *Effective Date:* April 2, 2008. FOR FURTHER INFORMATION CONTACT: Gary Johnson, Risk Management Specialist, Product Management, Product Administration and Standards Division, Risk Management Agency, United States Department of Agriculture, Beacon Facility—Mail Stop 0812, P.O. Box 419205, Kansas City, MO 64141-6205, telephone
(816)926-7730. SUPPLEMENTARY INFORMATION: Background The final regulation that is the subject of these corrections was intended to amend certain Mustard Crop Insurance Provisions to be used in conjunction with the Common Crop Insurance Policy Basic Provisions for ease of use and consistency of terms. Need for Corrections As published at 73 FR 11318, the final regulation contained errors that may prove to be misleading and need to be clarified. 1. The first error is contained in the beginning in the Final Rule under section 1 on page 11320. The definition of “Mustard” is incorrect. The text should read as follows: § 457.168 Mustard Crop Insurance Provisions 1. Definitions *Mustard. A crop of the family Cruciferae.* 2. The second error in section 13(d)(4) on page 11323 contains an additional (i). This second subsection
(i)is incorrect. The text should read (ii). 3. The third error in section 13(d)(4) on page 11323 contains an additional
(ii)due to the correction above. This second subsection
(ii)is incorrect. The text should read (iii). Signed in Washington, DC, on March 27, 2008. James Callan, Acting Manager, Federal Crop Insurance Corporation. [FR Doc. E8-6728 Filed 3-31-08; 8:45 am] BILLING CODE 3410-08-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 61 [Docket No. FAA-2002-13744; Amendment No. 61-120] RIN 2120-AJ25 Robinson R-22/R-44 Special Training and Experience Requirements AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: This final rule continues the existing special training and experience requirements in Special Federal Aviation Regulation
(SFAR)No. 73 and extends the termination date for SFAR 73 to June 30, 2009. SFAR No. 73 requires special training and experience for pilots operating the Robinson model R-22 or R-44 helicopters in order to maintain the safe operation of Robinson helicopters. It also requires special training and experience for certified flight instructors conducting student instruction or flight reviews in R-22 or R-44 helicopters. DATES: This final rule is effective March 31, 2008. FOR FURTHER INFORMATION CONTACT: John Lynch, Certification and General Aviation Operations Branch, AFS-810, General Aviation and Commercial Division, 800 Independence Ave., SW., Washington, DC 20591; Telephone:
(202)267-8212. SUPPLEMENTARY INFORMATION: Authority for this Rulemaking The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, section 106, describes the authority of the FAA Administrator, including the authority to issue, rescind, and revise regulations. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Chapter 447—Safety Regulation. Under section 44701, the FAA is charged with promoting safe flight of civil aircraft in air commerce by prescribing regulations necessary for safety. Under section 44703, the FAA issues an airman certificate to an individual when we find, after investigation, that the individual is qualified for, and physically able to perform the duties related to, the position authorized by the certificate. In this final rule, we are continuing the existing special training and experience requirements in Special Federal Aviation Regulation
(SFAR)No. 73 and extending the termination date for SFAR 73 to June 30, 2009. Background Part 61 of Title 14 of the Code of Federal Regulations (14 CFR part 61) details the certification requirements for pilots and flight instructors. Particular requirements for pilots and flight instructors in rotorcraft are found in Subparts C through G, and Appendix B of part 61. These requirements do not address any specific type or model of rotorcraft. However, in 1995 the Federal Aviation Administration (referred to as “we”) determined that specific training and experience requirements are necessary for the safe operation of Robinson R-22 and R-44 model helicopters. The R-22 is a 2-seat, reciprocating engine powered helicopter that is frequently used as a low-cost initial student training aircraft. The R-44 is a 4-seat helicopter with operating characteristics and design features that are similar to the R-22. The R-22 is the smallest helicopter in its class and incorporates a unique cyclic control and rotor system. Certain aerodynamic and design features of the aircraft cause specific flight characteristics that require particular pilot awareness and responsiveness. We found that the R-22 met 14 CFR part 27 certification requirements and issued a type certificate in 1979. The small size and relatively low operating costs of this helicopter made it popular as a training or small utility aircraft. Thus, a significant number of the pilots operating R-22 helicopters were relatively inexperienced. Prior to issuance of SFAR No. 73, the Robinson R-22 experienced a higher number of fatal accidents due to main rotor/airframe contact than other piston-powered helicopters. Many of these accidents were caused by low rotor revolutions per minute
(RPM)or low “G” conditions that resulted in mast bumping or main rotor-airframe contact accidents. Aviation safety authorities attributed this to pilot error by inexperienced pilots. In our analysis of accident data prior to the first issuance of SFAR No. 73, we found that apparently qualified pilots may not be properly prepared to safely operate the R-22 and R-44 helicopters in certain flight conditions. A recent analysis of approximately 100 R-22 accidents that occurred between 2005 and 2008 indicated that none of them involved mast bumping, low rotor RPM (blade stall) or low “G” hazards. Because the training required by this SFAR addressed these hazards, the FAA believes that the training has been effective. Therefore, we have determined that additional pilot training, originally established by SFAR No. 73, as modified in SFAR No. 73-1, continues to be needed for the safe operation of these helicopters. Previous Regulatory Action On March 1, 1995, the FAA published SFAR No. 73 (60 FR 11256). This SFAR required certain experience and training to perform pilot-in-command
(PIC)and/or certified flight instructor
(CFI)duties. SFAR No. 73 was issued on an emergency basis, with an expiration date of December 31, 1997. On November 21, 1997 (62 FR 62486), the FAA published an NPRM to extend SFAR No. 73 to December 31, 2002, with a minor amendment. The final rule extending SFAR No. 73 to December 31, 2002 was published on January 7, 1998 (63 FR 660). On November 14, 2002, the FAA published an NPRM (67 FR 69106) proposing to extend SFAR No. 73 an additional 5 years. On January 2, 2003, the FAA again re-issued SFAR No. 73 (68 FR 39-43) and extended the rule's expiration date to March 31, 2008. Regulatory Evaluation, Regulatory Flexibility Determination, International Trade Impact Assessment, and Unfunded Mandates Assessment Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 directs that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, this Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995). In conducting these analyses, FAA has determined this rule—(1) Has benefits which do justify its costs, is not a “significant regulatory action” as defined in the Executive Order and is not “significant” as defined in DOT's Regulatory Policies and Procedures;
(2)will not have a significant impact on a substantial number of small entities;
(3)will not create unnecessary obstacles to the foreign commerce of the United States; and
(4)does not impose an unfunded mandate on state, local, or tribal governments, or on the private sector. Department of Transportation Order DOT 2100.5 prescribes policies and procedures for simplification, analysis, and review of regulations. If the expected cost impact is so minimal that a proposed or final rule does not warrant a full evaluation, this order permits that a statement to that effect and the basis for it be included in the preamble if a full regulatory evaluation of the cost and benefits is not prepared. Such a determination has been made for this final rule. The reasoning for this determination follows: This final rule extends the termination date of this SFAR for 15 months. The expected outcome will be a minimal impact with positive net benefits, and a regulatory evaluation was not prepared. FAA has, therefore, determined that this final rule is not a “significant regulatory action” as defined in section 3(f) of Executive Order 12866, and is not “significant” as defined in DOT's Regulatory Policies and Procedures. Regulatory Flexibility Determination The Regulatory Flexibility Act of 1980 establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objective of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the business, organizations, and governmental jurisdictions subject to regulation.” To achieve that principle, the Act requires agencies to solicit and consider flexible regulatory proposals and to explain the rationale for their actions. The Act covers a wide-range of small entities, including small businesses, not-for-profit organizations and small governmental jurisdictions. Agencies must perform a review to determine whether a proposed or final rule will have a significant economic impact on a substantial number of small entities. If the determination is that it will, the agency must prepare a regulatory flexibility analysis
(RFA)as described in the Act. However, if an agency determines that a proposed or final rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the 1980 Act provides that the head of the agency may so certify and an RFA is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear. This rule will extend SFAR 73, initially published on March 1, 1995, and extended twice since, to June 30, 2009. The SFAR is limited to experience and training requirements to perform pilot-in-command and certified flight instructor duties, thereby impacting individuals rather than entities. Therefore, as the acting FAA Administrator, I certify that this final rule will not have a significant economic impact on small entities. International Trade Impact Statement The Trade Agreements Act of 1979 prohibits Federal agencies from engaging in any standards or related activities that create unnecessary obstacles to the foreign commerce of the United States. Legitimate domestic objectives, such as safety, are not considered unnecessary obstacles. The statute also requires consideration of international standards and where appropriate, that they be the basis for U.S. standards. In accordance with the above statute, the FAA has assessed the potential effect of this final rule and has determined that it will have only a domestic impact and therefore create no obstacles to the foreign commerce of the United States. Unfunded Mandates Assessment Title II of the Unfunded Mandates Reform Act of 1995 (the Act) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (adjusted annually for inflation) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a “significant regulatory action.” The FAA currently uses an inflation-adjusted value of $136.1 million in lieu of $100 million. This final rule does not contain such a mandate. The requirements of Title II do not apply. Executive Order 13132, Federalism The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. We determined that this action will not have a substantial direct effect on the States, or the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, we determined that this final rule does not have federalism implications. International Civil Aviation Organization
(ICAO)and Joint Aviation Regulations In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to comply with ICAO Standards and Recommended Practices to the maximum extent practicable. The FAA has determined that this final rule does not conflict with any international agreement of the United States. Paperwork Reduction Act The OMB control number assigned to the collection of information for this final rule is 2120-0021. Good Cause Justification for Adoption Without Prior Notice The FAA has determined that the continuation of this SFAR is in the public interest. The extension does not impose a new burden, but simply continues in effect the safety critical training and experience requirements of the SFAR. The FAA has extended this SFAR on two separate occasions. In those extensions, the comments received consistently demonstrated a consensus that the training and experience requirements are beneficial to those operating Robinson helicopters. The FAA intends to conduct rulemaking in which it will propose to make the SFAR permanent. A full opportunity for notice and comment will be provided. This extension is being adopted to allow continuation of the SFAR until that rulemaking is complete. Accordingly, the FAA has determined that notice and public procedure on this action is contrary to the public interest because the circumstances described herein warrant immediate action by the FAA to maintain in effect the safety requirements of this SFAR. Good Cause Justification for Immediate Adoption The reasons that justified the original issuance of SFAR 73 and the subsequent extensions of the termination date of SFAR 73 still exist. Ordinarily under the Administrative Procedure Act, a substantive rule must be published not less than 30 days before its effective date except, among other things, if the agency finds “good cause” for making it effective sooner. See 5 U.S.C. Section 553(d)(3). The FAA finds that the continuation of SFAR 73 for an additional 15 months is necessary to keep in effect safety critical training and experience requirements that are beneficial to those operating Robinson helicopters while the FAA completes rulemaking in which it plans to make the SFAR permanent. For these reasons, and because this SFAR does not impose an additional burden on any person, the FAA finds good cause for making this amendment, which extends the duration of SFAR 73, effective March 31, 2008. Plain Language In response to the June 1, 1998 Presidential Memorandum regarding the use of plain language, the FAA re-examined the writing style currently used in the development of regulations. The memorandum requires federal agencies to communicate clearly with the public. We are interested in your comments on whether the style of this document is clear, and in any other suggestions you might have to improve the clarity of FAA communications that affect you. You can get more information about the Presidential memorandum and the plain language initiative at *http://www.plainlanguage.gov* . Proprietary or Confidential Business Information Do not file in the docket information that you consider to be proprietary or confidential business information. Send or deliver this information directly to the person identified in the FOR FURTHER INFORMATION CONTACT section of this document. You must mark the information that you consider proprietary or confidential. If you send the information on a disk or CD-ROM, mark the outside of the disk or CD-ROM and also identify electronically within the disk or CD-ROM the specific information that is proprietary or confidential. Under § 11.35(b), when we are aware of proprietary information filed with a comment, we do not place it in the docket. We hold it in a separate file to which the public does not have access, and place a note in the docket that we have received it. If we receive a request to examine or copy this information, we treat it as any other request under the Freedom of Information Act (5 U.S.C. 552). We process such a request under the DOT procedures found in 49 CFR part 7. Availability of Rulemaking Documents You can get an electronic copy of rulemaking documents using the Internet by—(1) Searching the Federal eRulemaking portal ( *http://www.regulations.gov* );
(2)Visiting the FAA's Regulations and Policies Web page at *http://www.faa.gov/regulations_policies/* ; or
(3)Accessing the Government Printing Office's Web page at *http://www.gopaccess.gov/fr/index.html.* You can also get a copy by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by calling
(202)267-9680. Make sure to identify the amendment number or document number of this rulemaking. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) requires the FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. If you are a small entity and you have a question regarding this document, you may contact your local FAA official, or the person listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. You can find out more about SBREFA on the Internet at *http://www.faa.gov/regulations_policies/rulemaking/sbre_act/* . List of Subjects in 14 CFR Part 61 Aircraft, Aircraft pilots, Airmen, Airplanes, Air safety, Air transportation, Aviation safety, Balloons, Helicopters, Rotorcraft, Students. The Final Rule In consideration of the foregoing, the Federal Aviation Administration amends part 61 of Title 14 of the Code of Federal Regulations (14 CFR part 61) as follows: PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS 1. The authority citation for part 61 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-44711, 45102-45103, 45301-45302. 2. Revise section 3 of SFAR NO. 73 to read as follows: SPECIAL FEDERAL AVIATION REGULATION NO. 73-ROBINSON R-22/R-44 SPECIAL TRAINING AND EXPERIENCE REQUIREMENTS 3. *Expiration date.* This SFAR number 73 shall remain in effect until June 30, 2009. Issued in Washington, DC on March 28, 2008. Robert A. Sturgell, Acting Administrator. [FR Doc. E8-6804 Filed 3-31-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 35 [Docket No. RM07-15-000] Cross-Subsidization Restrictions on Affiliate Transactions Issued March 25, 2008. AGENCY: Federal Energy Regulatory Commission, Department of Energy. ACTION: Final Rule: Notice Extension of Time. SUMMARY: On February 21, 2008, the Federal Energy Regulatory Commission issued Order No. 707, which amended its regulation to codify restrictions on affiliate transactions between franchised public utilities that have captive customers or that own or provide transmission service over jurisdictional transmission facilities, and their market-regulated power sales affiliates or non-utility affiliates. The Commission is extending the time for any contracts, agreements or arrangements entered into on or after March 31, 2008, the effective date of Order No. 707, to comply with the requirements of Order No. 707. DATES: The later of July 1, 2008 or 30 days after the issuance of an order on rehearing of Order No. 707. FOR FURTHER INFORMATION CONTACT: Carla Urquhart (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426,
(202)502-8496, Mosby Perrow (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426,
(202)502-6857, David Hunger (Technical Information), Office of Energy Market Regulation, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426,
(202)502-8148, Stuart Fischer (Technical Information), Office of Enforcement, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426,
(202)502-8517. SUPPLEMENTARY INFORMATION: Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G. Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff. Order Granting Extension of Time (Issued March 25, 2008). 1. On February 21, 2008, the Commission issued Order No. 707, which amended its regulations to codify restrictions on affiliate transactions between franchised public utilities that have captive customers or that own or provide transmission service over jurisdictional transmission facilities, and their market-regulated power sales affiliates or non-utility affiliates. 1 The Commission stated that Order No. 707 would become effective 30 days after publication in the **Federal Register** , that is, March 31, 2008. 2 On March 11, 2008, the Edison Electric Institute
(EEI)filed a motion for extension of the effective date from March 31, 2008 to either July 1, 2008 or 30 days after the Commission issues an order on rehearing, whichever is later. EEI states that although affiliate restrictions have been applicable to market-based rate power sellers and merging companies, the new final rule requirements will apply more broadly and compliance “will be a significant undertaking for many companies.” It also states that the rule “raises some important questions that EEI and others are likely to ask the Commission to address in requests for rehearing * * * ” and urges the Commission to provide ample time for the new rule to be clarified before it takes effect. 3 1 *Cross-Subsidization Restrictions on Affiliate Transactions,* Order No. 707, 73 FR 11,013 (Feb. 29, 2008), FERC Stats. & Regs. ¶31,264
(2008)(Order No. 707). 2 *Id.* P 85. 3 EEI Motion at 2. 2. As an initial matter, the Commission notes that Order No. 707 stated that the pricing rules adopted therein are prospective and will apply to any contracts, agreements or arrangements entered into on or after the effective date of the rule (March 31, 2008); to the extent different pricing was in effect for any contract, agreement or arrangement entered into prior to the effective date of the final rule, such pricing may remain in effect. 4 Thus, when the Commission issued the final rule, it should have been clear to the industry that, for purposes of complying with Order No. 707, public utilities would not have to modify pricing under contracts, agreements or arrangements in effect before March 31, 2008. 5 We therefore do not believe that, for purposes of this rule, there should be any compliance problems with respect to pre-existing contracts, agreements or arrangements. 4 Order No. 707, FERC Stats. & Regs. ¶ 31,264 at P 85. 5 Our “grandfathering” of preexisting contracts, agreements and arrangements was only for purposes of compliance of this rule. To the extent public utilities were required to comply with the same or similar pricing restrictions pursuant to a merger order or in conjunction with a market-based rate authorization, our action to make Order No. 707 compliance prospective only did not change any such obligations under other orders or rules. That is, pricing restrictions imposed pursuant to a merger order, a market-based rate authorization order or the Commission's market-based rate rules are not within the scope of Order No. 707 and, consequently, the Order No. 707 grandfathering provision does not relieve a public utility of its obligations under other orders and rules with respect to contracts, agreements or arrangements entered into prior to March 31, 2008. 3. With respect to any contracts, agreements or arrangements entered into on or after the effective date of the rule (March 31, 2008), however, public utilities were on notice when Order No. 707 was published in the **Federal Register** that they would have to comply with the pricing restrictions of the rule. If we were to change the effective date, as requested by EEI, public utilities would have a window of time to enter into new contracts, agreements or arrangements that would not have to comply with the new pricing restrictions. It is therefore important that we not change the effective date of the rule. Although we will not change the effective date of the rule, the Commission recognizes that many companies, particularly those not previously subject to the same or similar pricing restrictions as a result of a merger order or a market-based rate authorization, may need further time to ensure that they will be in compliance with the new restrictions and/or to obtain clarification from the Commission upon rehearing of the final rule. 4. Accordingly, upon consideration of the concerns raised by EEI, the Commission will grant an extension of time until 30 days after the issuance of an order on rehearing of Order No. 707 or until July 1, 2008, whichever comes later, for any contracts, agreements or arrangements entered into on or after March 31, 2008 to comply with the requirements of Order No. 707. This means that if utilities enter into contracts, agreements or arrangements on or after March 31, 2008, and if the pricing under such contracts, agreements or arrangements is not consistent with the pricing requirements as they may be clarified or modified by the Commission on rehearing of Order No. 707, these utilities will not be subject to enforcement action for non-compliance for the period beginning March 31, 2008 until the later of July 1, 2008 or 30 days after issuance of an order on rehearing of Order No. 707. However, such contracts, agreements or arrangements will either:
(1)Need to contain a provision making them automatically subject to compliance with the pricing restrictions, as they may be clarified or modified on rehearing, as of the later of July 1, 2008 or 30 days after issuance of an order on rehearing; or
(2)need to be modified to make them consistent with the pricing restrictions as of the later of July 1, 2008 or 30 days after issuance of an order on rehearing. The Commission Orders The Commission hereby grants an extension of time for compliance with Order No. 707, as discussed in the body of this order. By the Commission. Kimberly D. Bose, Secretary. [FR Doc. E8-6617 Filed 3-28-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 756 [SATS No. CR-1-FOR; Docket ID OSM-2007-0019] Crow Tribe Abandoned Mine Land Reclamation Plan AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Final rule; approval of certification. SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement (OSM), are concurring with the Crow Tribe's certification that it has abated or reclaimed all coal-related abandoned mine land
(AML)problems on Crow lands. DATES: *Effective Date:* April 1, 2008. FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Casper Field Office Director, Telephone:
(307)261-6550, Internet address: *jfleischman@osmre.gov* SUPPLEMENTARY INFORMATION: I. Background on the Crow Plan II. Submission of the Proposed Amendment III. Office of Surface Mining Reclamation and Enforcement's (OSM's) Findings IV. Summary and Disposition of Comments V. OSM's Decision VI. Procedural Determinations I. Background on the Crow Plan The Abandoned Mine Land Reclamation Program was established by Title IV of the Surface Mining Control and Reclamation Act (SMCRA, or the Act)(30 U.S.C. 1201 *et seq.* ) in response to concerns over extensive environmental damage caused by past coal mining activities. The program is funded by a reclamation fee collected on each ton of coal that is produced. The money collected is used to finance the reclamation of abandoned coal mines and for other authorized activities. Section 405 of the Act allows States and Indian tribes to assume exclusive responsibility for reclamation activity within the State or on Indian lands if they develop and submit to the Secretary of the Interior for approval, a program (often referred to as a plan) for the reclamation of abandoned coal mines. On January 4, 1989, the Secretary of the Interior approved the Crow Tribe's abandoned mine land reclamation plan (herein after the Crow Plan). You can find general background information on the Crow Plan, including the Secretary's findings and the disposition of comments, in the January 4, 1989, **Federal Register** (54 FR 116). You can also find later actions concerning the Crow Plan and plan amendments at 30 CFR 756.20. II. Submission of the Proposed Amendment By letter dated May 29, 2007, the Crow Tribe indicated to OSM that all coal-related impacts on abandoned mine lands within the Crow Reservation have been successfully addressed under SMCRA (30 U.S.C. 1201 *et seq.* ) (Administrative Record No. OSM-2007-0019-0006). The Crow Tribe sent the request for concurrence with its certification at its own initiative with the intent of implementing a non-coal reclamation program under its current Plan. The Crow Tribe will most likely be required to revise its AMLR Plan in the future to implement a program under section 411 of SMCRA. We announced receipt of the proposed certification in the December 17, 2007, **Federal Register** (72 FR 71291). In the same document, we opened the public comment period and provided an opportunity for a public hearing or meeting on the certification's adequacy (Administrative Record No. OSM-2007-0019-0001). We did not hold a public hearing or meeting because no one requested one. We received comments from one industry group, one State agency and three Federal agencies. III. OSM's Findings As discussed below, the Director of OSM, in accordance with SMCRA and 30 CFR 756.1, 884.14 and 884.15, finds that the proposed certification of completion submitted by the Crow Tribe on May 29, 2007, meets the requirements of SMCRA and the Federal regulations at 30 CFR 884.14. Accordingly, we are approving the certification. The Chairman of the Crow Nation notified the Secretary of the Department of the Interior that the Crow Tribe certifies to the completion of all its coal reclamation projects. Section 411(a) of SMCRA provides that the head of an Indian tribe may certify to the Secretary that all of the priorities stated in section 403(a) of SMCRA for eligible lands and water have been achieved and that the Secretary, after notice in the **Federal Register** and opportunity for public comment, shall concur with such certification if the Secretary determines that such certification is correct. Since the Secretary's approval of the Crow Plan, the Crow Tribe has conducted reclamation to correct or mitigate problems caused by past coal mining. The Crow Tribe has completed this reclamation in the order of priority set forth in section 403(a) of SMCRA. OSM acknowledges the potential for problems occurring in the future which relate to pre-August 3, 1977, coal mining. In accordance with 30 CFR 875.13(a)(3), the Crow Tribe agrees to acknowledge and give top priority to any coal-related problem(s) that may be found or occur after submission of the certification of completion. Based upon the Crow Tribe's May 29, 2007, certification and the absence of any known unreclaimed AML coal-related impacts, the Director of OSM, on behalf of the Secretary, concurs with the Crow Tribe's certification that all coal-related abandoned mine land problems have been abated or reclaimed, and finds that the Crow Tribe has satisfied the requirements of section 403 of SMCRA. If a coal problem occurs or is identified in the future, the Crow Tribe must reclaim the coal-related problem. Concurrence with the Crow Tribe's certification of completion of coal reclamation means that the Crow Tribe may now utilize funds provided under Title IV of SMCRA in accordance with section 411 and its current plan. IV. Summary and Disposition of Comments Public Comments We asked for public comments on the certification, but did not receive any (Administrative Record No. OSM-2007-0019-0001). Industry Group Comments On November 13, 2007, we received an e-mail from Westmoreland Resources. It is not aware of any unreclaimed coal mine lands or water under Crow jurisdiction and has no objection to the certification request (Administrative Record No. OSM-2007-0019-0003). State Agency Comments Under 30 CFR 884.14(a)(2) and 884.15(a), we requested comments on the certification from various State and Federal agencies with an actual or potential interest in the Crow Plan (Administrative Record No. OSM-2007-0019-0009). On November 9, 2007, we received a letter from the Montana Historical Society stating that it has no information regarding the Crow Tribe's continuing reclamation responsibilities (Administrative Record No. OSM-2007-0019-0002). Federal Agency Comments On November 21, 2007, we received a letter from the Bureau of Indian Affairs stating that it is unfamiliar with the total Crow Reservation and is turning to the Superintendent of the Crow Agency for assistance in notifying OSM of any coal mining impacts that have not been reclaimed (Administrative Record No. OSM-2007-0019-0005). On November 29, 2007, we received a letter from the U.S. Geological Survey stating that it has no comments on the Crow Tribe's requested certification of completion (Administrative Record No. OSM-2007-0019-0004). On January 10, 2008, we received a letter from the Office of Indian Energy and Economic Development stating that it is not aware of any unreclaimed lands or water resources affected by coal mining prior to August 3, 1977, on the Crow Reservation (Administrative Record No. OSM-2007-0019-0010). The comments listed above do not raise any concern or objection to the Crow Tribe's requested certification of completion. These comments do not require further response. V. OSM's Decision Based on the above findings, we approve the Crow Tribe's May 29, 2007, certification of completion. To implement this decision, we are amending the Federal regulations at 30 CFR 756.20, which codifies decisions concerning the Crow Plan. We find that good cause exists under 5 U.S.C. 553(d)(3) to make this final rule effective immediately. Section 405(d) of SMCRA requires that the Tribe have a program that is in compliance with the procedures, guidelines, and requirements established under the Act. Making this regulation effective immediately will expedite that process. SMCRA requires consistency of Tribal and Federal standards. VI. Procedural Determinations Executive Order 12630—Takings This rule does not have takings implications. It merely confirms a factual determination made by the Crow tribe. Executive Order 12866—Regulatory Planning and Review This rule is exempted from review by the Office of Management and Budget
(OMB)under Executive Order 12866 (Regulatory Planning and Review). Executive Order 12988—Civil Justice Reform The Department of the Interior has conducted the reviews required by section 3 of Executive Order 12988 and has determined that, to the extent allowable by law, this rule meets the applicable standards of subsections
(a)and
(b)of that section. However, these standards are not applicable to the actual language of Tribal AMLR plans and revisions thereof because each plan is drafted and promulgated by a specific Tribe, not by OSM. Decisions on proposed Tribal AMLR plans and revisions thereof submitted by a Tribe are based on a determination of whether the submittal meets the requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and the applicable Federal regulations at 30 CFR Part 884. Executive Order 13175—Consultation and Coordination With Indian Tribal Governments In accordance with Executive Order 13175, we have identified potential effects on a federally recognized Indian tribe (the Crow Tribe) that will result from this rule which is based on an amendment submitted by the Crow Tribe. This rule will enable the Crow Tribe to use AMLR grant monies to implement a non-coal program under its current Plan. We have been in consultation with the Crow Tribe and have fully considered tribal views while developing this final rule. Executive Order 13211—Regulations That Significantly Affect the Supply, Distribution, or Use of Energy On May 18, 2001, the President issued Executive Order 13211 which requires agencies to prepare a Statement of Energy Effects for a rule that is
(1)considered significant under Executive Order 12866, and
(2)likely to have a significant adverse effect on the supply, distribution, or use of energy. Because this rule is exempt from review under Executive Order 12866 and is not expected to have a significant adverse effect on the supply, distribution, or use of energy, a Statement of Energy Effects is not required. National Environmental Policy Act No environmental impact statement is required for this rule since agency decisions on proposed Tribal AMLR plans and revisions thereof are categorically excluded from compliance with the National Environmental Policy Act (42 U.S.C. 4321 *et seq.* ) by the Manual of the Department of the Interior (516 DM 6, appendix 8, paragraph 8.4B(29)). Paperwork Reduction Act This rule does not contain information collection requirements that require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ). Regulatory Flexibility Act The Department of the Interior certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). The rule applies only to the Crow tribe, and it simply confirms a factual determination made by the tribe. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), of the Small Business Regulatory Enforcement Fairness Act. This rule: a. Does not have an annual effect on the economy of $100 million. b. Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, Tribal or local government agencies, or geographic regions. c. Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S. based enterprises to compete with foreign-based enterprises. This determination is based upon the fact that the rule merely confirms a factual determination made by the Crow tribe. Unfunded Mandates This rule will not impose an unfunded mandate on State, local, or Tribal governments or the private sector of $100 million or more in any given year. This determination is based upon the fact that the rule merely confirms a factual determination made by the Crow tribe. List of Subjects in 30 CFR Part 756 Abandoned mine reclamation programs, Indian lands, Surface mining, Underground mining. Dated: March 18, 2008. Billie E. Clark Jr, Acting Regional Director, Western Region. For the reasons set out in the preamble, Title 30, Chapter VII, Subchapter E (Tribes) of the Code of Federal Regulations is amended as set forth below: PART 756—INDIAN TRIBE ABANDONED MINE LAND RECLAMATION PROGRAMS 1. The authority citation for part 756 continues to read as follows: Authority: 30 U.S.C. 1201 *et seq.* and Pub. L. 100-71. 2. Section 756.20 is amended by adding paragraph
(a)and adding and reserving paragraph
(b)to read as follows: § 756.20 Approval of amendments to the Crow Tribe's abandoned mine land reclamation plan.
(a)The Director concurs with the Crow Tribe's May 29, 2007, certification of completion of coal reclamation effective April 1, 2008: Original amendment submission date Date of final publication Citation/description May 29, 2007 April 1, 2008 756.20 Certification of Completion.
(b)[Reserved] [FR Doc. E8-6692 Filed 3-31-08; 8:45 am] BILLING CODE 4310-05-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [USCG-2008-0111] Drawbridge Operation Regulations; Piscataqua River, Portsmouth, NH, and Kittery, ME AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations. SUMMARY: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Memorial (US 1) Bridge across the Piscataqua River at mile 3.5, between Portsmouth, New Hampshire and Kittery, Maine. Under this temporary deviation, the bridge may remain in the closed position. This deviation is necessary to facilitate scheduled bridge maintenance. DATES: This deviation is effective from 7 a.m. on April 21, 2008 through 7 a.m. on April 26, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG-2008-0111 and are available online at *http://www.regulations.gov.* They are also available for inspection or copying at two locations: The Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays, and the First Coast Guard District, Bridge Branch Office, 408 Atlantic Avenue, Boston, Massachusetts 02110, between 7 a.m. and 2 p.m., Monday through Friday, except Federal holidays. The telephone number is
(617)223-8364. FOR FURTHER INFORMATION CONTACT: John McDonald, Project Officer, First Coast Guard District, at
(617)223-8364. SUPPLEMENTARY INFORMATION: The Memorial (US 1) Bridge, across the Piscataqua River at mile 3.5, between Portsmouth, New Hampshire and Kittery, Maine, has a vertical clearance in the closed position of 11 feet at mean high water and 19 feet at mean low water. The existing drawbridge operation regulations are listed at 33 CFR 117.531. The owner of the bridge, New Hampshire Department of Transportation, requested a temporary deviation to facilitate scheduled bridge maintenance, counterweight rope replacement. Under this temporary deviation, in effect from 7 a.m. on April 21, 2008 through 7 a.m. on April 26, 2008, the Memorial (US 1) Bridge may remain in the closed position. Vessels that can pass under the bridge without a bridge opening may do so at all times. In accordance with 33 CFR 117.35(e), the bridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Should the bridge maintenance authorized by this temporary deviation be completed before the end of the effective period published in this notice, the Coast Guard will rescind the remainder of this temporary deviation, and the bridge shall be returned to its normal operating schedule. Notice of the above action shall be provided to the public in the Local Notice to Mariners and the **Federal Register** , where practicable. Dated: March 20, 2008. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E8-6616 Filed 3-31-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2008-0108] RIN 1625-AA09 Drawbridge Operation Regulations; Quinnipiac River, New Haven, CT AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard has temporarily changed the drawbridge operation regulations that govern the Ferry Street Bridge, mile 0.7, across the Quinnipiac River at New Haven, Connecticut. The Coast Guard published a temporary final rule on September 27, 2007, which allowed single leaf bridge openings through April 30, 2008, to facilitate bridge repairs. The Coast Guard was notified by the bridge owner that an eight day complete bridge closure would be necessary in order to complete the bridge repairs. As a result, a second temporary final rule is now necessary to allow the Ferry Street Bridge to remain completely closed for eight days in order to facilitate rehabilitation construction at the bridge. DATES: This rule is effective from April 21, 2008 through April 28, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG-2008-0108 and are available online at *www.regulations.gov.* They are also available for inspection or copying at two locations: the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays, and the First Coast Guard District, Bridge Branch, One South Street, New York, NY 10004, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Ms. Judy Leung-Yee, Project Officer, First Coast Guard District,
(212)668-7195. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking
(NPRM)for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. It would be impracticable, unnecessary, and contrary to public interest to publish an NPRM because the eight day bridge closure authorized by this rule is necessary in order to complete the bridge repairs necessary to insure the safe continued and reliable operation of this bridge. Under 5 U.S.C. 553(d)(3) the Coast Guard also finds that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . Any delay in making this rule effective would not be in the best interest of public safety and the marine interests that use the Quinnipiac River because failure to complete the necessary rehabilitation repairs would result in the bridge not being able to open for vessel traffic. The Coast Guard contacted the waterway users and facilities that normally transit this bridge and no objections were received to the scheduled eight day bridge closure. Background and Purpose The Ferry Street Bridge, across the Quinnipiac River, mile 0.7, at New Haven, Connecticut, has a vertical clearance in the closed position of 25 feet at mean high water and 31 feet at mean low water. The existing regulations are listed at 33 CFR 117.213. In early 2007, the Connecticut Department of Transportation requested a temporary deviation to facilitate scheduled structural repairs and bridge painting at the Ferry Street Bridge at New Haven, Connecticut. In order to perform the structural repairs, one bascule bridge span had to remain in the closed position while the other span could remain in the full open position at all times for the passage of vessel traffic. As a result of the above request, the Coast Guard published a temporary deviation from the drawbridge operation regulations in the **Federal Register** (72 FR 18884), on April 16, 2007, in effect from April 16, 2007 through September 27, 2007. On June 22, 2007, the Coast Guard was notified that the scheduled repairs authorized under the temporary deviation listed above would not be completed by the end of the effective period scheduled to end on September 27, 2007, and that work would continue through April 30, 2008. As a result, the Coast Guard published a temporary final rule on September 27, 2007 (72 FR 54835), authorizing single leaf bridge openings from September 28, 2007 through April 30, 2008. On February 13, 2008, the Coast Guard received notification from the bridge owner that an eight day bridge closure, from April 21, 2008 through April 28, 2008, would be necessary to complete the final phase of bridge repairs. As a result of the above request, the Coast Guard is now publishing this second temporary final rule to allow the Ferry Street Bridge to remain in the fully closed position (both moveable spans) to complete the bridge rehabilitation repairs on April 28, 2008. This temporary final rule will replace the temporary final rule published on September 27, 2007 and allow the Ferry Street Bridge to return to full operation on April 29, 2008. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3), of that Order. The Office of Management and Budget has not reviewed it under that Order. This conclusion is based on the fact that the bridge closure will be of short duration and is necessary in order to restore the bridge to full operation. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b), that this rule will not have a significant economic impact on a substantial number of small entities. This conclusion is based on the fact that the bridge closure is of short duration and is necessary to restore the bridge to full operation. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. No small entities requested Coast Guard assistance and none was given. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not concern an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This final rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.1D, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (32)(e), of the Instruction, from further environmental documentation considering that it relates to the promulgation of operating regulations or procedures for drawbridges. Under figure 2-1, paragraph (32)(e), of the instruction, an “Environmental Analysis Check List” and a “Categorical Exclusion Determination” are not required for this rule. List of Subjects in 33 CFR Part 117 Bridges. For the reasons set out in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of Homeland Security Delegation No. 0170.1. 2. From April 21, 2008 through April 28, 2008, § 117.213 is amended by suspending paragraph
(a)and adding a temporary paragraph
(g)to read as follows: § 117.213 New Haven Harbor, Quinnipiac and Mill Rivers.
(g)The draws shall open on signal; except as follows:
(1)From 7:30 a.m. to 8:30 a.m., noon to 12:15 p.m., 12:45 p.m. to 1 p.m., and 4:45 p.m. to 5:45 p.m., the draws need not be opened.
(2)The draw of the Ferry Street Bridge, mile 0.7, Quinnipiac River, at New Haven, may remain in the closed position from April 21, 2008 through April 28, 2008.
(3)From 11 p.m. to 7 a.m., the draw of the Grand Avenue Bridge, Quinnipiac River, shall open on signal if at least one hour notice is given to the tender at the Ferry Street Bridge. In the event that the tender is at the Chapel Street Bridge, a delay of up to an additional hour may be expected.
(4)From 9 p.m. to 5 a.m., the draw of the Chapel Street Bridge, Mill River, shall open on signal if at least one hour notice is given to the tender at Ferry Street Bridge. In the event the tender is at the Grand Avenue Bridge, a delay of up to an additional hour may be expected. Dated: March 19, 2008. Timothy V. Skuby, Captain, U.S. Coast Guard, Acting Commander, First Coast Guard District. [FR Doc. E8-6631 Filed 3-31-08; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA-HQ-OAR-2005-0155; FRL-8547-4] RIN 2060-AO52 National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final action on amendments to the national perchloroethylene air emission standards for dry cleaning facilities promulgated on July 27, 2006, under the authority of section 112 of the Clean Air Act. This action amends rule language to correct applicability cross references that were not correctly amended between the most recent proposed and final rule revisions, and to clarify that condenser performance monitoring may be done by either of two prescribed methods (pressure or temperature), regardless of whether an installed pressure gauge is present. Without these amendments, new area sources could erroneously be required to perform monitoring that was proposed for only major sources, and installed condenser performance gauge readings could be required of sources when a prescribed temperature method is just as valid for compliance purposes. DATES: This rule is effective on July 15, 2008 without further notice, unless EPA receives adverse comment by May 16, 2008. If EPA receives adverse comment, we will publish a timely withdrawal in the **Federal Register** informing the public that some or all of the amendments in this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2005-0155 by one of the following methods: 1. *www.regulations.gov:* Follow the on-line instructions for submitting comments. 2. *E-mail:* *a-and-r-docket@epa.gov* and *johnson.warren@epa.gov.* 3. *Facsimile:*
(202)566-9744 and
(919)541-3470. 4. *Mail:* U.S. Postal Service, send comments to: Air and Radiation Docket, Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two copies. 5. *Hand Delivery:* Deliver in person, or by courier deliveries to: EPA Docket Center, Public Reading Room, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. We request that a separate copy also be sent to the contact person listed below (see FOR FURTHER INFORMATION CONTACT ). *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OAR-2005-0155. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov,* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional instructions on submitting comments, go to Unit III of the SUPPLEMENTARY INFORMATION section of this document. *Docket:* All documents in the docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at the National Emission Standards for Hazardous Air Pollutants for Four Area Source Categories Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is
(202)566-1744, and the telephone number for the Air Docket is
(202)566-1742. FOR FURTHER INFORMATION CONTACT: Mr. Warren Johnson, Sector Policies and Programs Division, Office of Air Quality Planning and Standards (E143-03), Environmental Protection Agency, Research Triangle Park, NC 27711, telephone number
(919)541-5124, electronic mail address *Johnson.warren@epa.gov.* SUPPLEMENTARY INFORMATION: The information presented in this preamble is organized as follows: I. Why is EPA using a direct final rule? II. Does this action apply to me? III. What should I consider as I prepare my comments to EPA? IV. Where can I get a copy of this document? V. Why are we amending the rule? VI. What amendments are we making to the rule? VII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act I. Why is EPA using a direct final rule? EPA is publishing the rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. As explained below, this action amends rule language to clarify that colorimetric monitoring requirements were not intended for new dry cleaning machines installed at area sources after December 21, 2005, and to clarify that condenser performance monitoring may be done by either of the prescribed methods (pressure or temperature), regardless of whether or not an installed pressure gauge is present. Without these amendments, the rule can be interpreted as requiring:
(1)New dry cleaning machines installed at area sources after December 21, 2005, to perform colorimetric monitoring; and,
(2)Sources with installed condenser performance gauges to take readings, when a prescribed temperature method is just as valid for compliance purposes. Either of these interpretations is problematic since neither was reflected in the proposed rule (70 FR 75884), nor did our notice of final rulemaking explain why or how the regulatory text changed from proposal to final promulgation to include such requirements. However, in the “Proposed Rules” section of today's **Federal Register** , we are publishing a separate document that will serve as the proposed rule to amend the National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities (40 CFR part 63, subpart M) if adverse comments are received on this direct final rule. If we receive adverse comment, we will publish a timely withdrawal in the **Federal Register** informing the public that some or all of the amendments in this rule will not take effect, and we will address all public comments received on the proposed rule in a subsequent final rule. We will not institute a second comment period on the proposed rule. Any parties interested in commenting on the proposed rule must do so at this time. For further information about commenting on the rule, see the ADDRESSES section of this document. II. Does this action apply to me? The categories and entities potentially regulated by this direct final rule are industrial and commercial perchloroethylene
(PCE)dry cleaners. The direct final rule affects the following categories of sources: Category NAICS 1 code Examples of potentially regulated entities Coin-operated Laundries and Dry Cleaners 812310 Dry-to-dry machines. Transfer machines. Dry Cleaning and Laundry Services (except coin-operated) 812320 Dry-to-dry machines. Transfer machines. Industrial Launderers 812332 Dry-to-dry machines. Transfer machines. 1 North American Industry Classification System. III. What should I consider as I prepare my comments to EPA? Do not submit information containing CBI to EPA through *www.regulations.gov* or e-mail. Send or deliver information identified as CBI only to the following address: Roberto Morales, OAQPS Document Control Officer (C404-02), Office of Air Quality Planning and Standards, Environmental Protection Agency, Research Triangle Park, North Carolina 27711, Attention: Docket ID No. EPA-HQ-OAR-2005-0155. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. IV. Where can I get a copy of this document? In addition to being available in the docket, an electronic copy of this final action will also be available on the Worldwide Web
(WWW)through the Technology Transfer Network (TTN). Following signature, a copy of this final action will be posted on the TTN's policy and guidance page for newly proposed or promulgated rules at the following address: *http://www.epa.gov/ttn/oarpg/.* The TTN provides information and technology exchange in various areas of air pollution control. V. Why are we amending the rule? On September 22, 1993, EPA promulgated National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities (58 FR 49376). These standards are codified at 40 CFR part 63, subpart M. On December 21, 2005, EPA proposed revisions to the National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities (70 FR 75884) which included proposed provisions in 40 CFR 63.322(o)(2) that would have required owners or operators of a dry cleaning system at any major source to route the air-perchloroethylene gas-vapor stream contained within each dry cleaning machine through a refrigerated condenser and a carbon adsorber or equivalent control device immediately before or as the door of the dry cleaning machine is opened. Proposed § 63.322(o)(3) would have required owners and operators of dry cleaning systems installed after December 21, 2005, at area sources to meet similar requirements. In proposed § 63.323(b) and (c), the requirement to use a colorimetric detector tube or perchloroethylene gas analyzer would have applied to carbon adsorbers used to comply with proposed § 63.323(o)(2) (i.e., at major sources), but not to those used to comply with proposed § 63.322(o)(3) (i.e., at dry cleaning systems installed at area sources after December 21, 2005). In addition, proposed § 63.324(d)(6) would have imposed reporting and recordkeeping requirements for monitoring results where carbon adsorbers are used to meet proposed § 63.322(o)(2), but not to meet proposed § 63.322(o)(3). In addition, proposed § 63.322(o)(4) would have prohibited any emissions of perchloroethylene during the transfer of articles between the washer and the dryer(s) or reclaimer(s) of any dry cleaning system, including at systems that are eligible for the limited exemptions from other requirements under proposed revised § 63.320(d) and (e). On July 27, 2006, EPA promulgated final revisions to the National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities (71 FR 42724) and, in response to comments, removed the proposed provisions in § 63.322(o)(2) for owners or operators of a dry cleaning system at any major source. The provisions in proposed § 63.322(o)(3) for area source systems installed after December 21, 2005, were then moved into § 63.322(o)(2) as we renumbered the section paragraphs. However, we failed to properly amend the cross references in §§ 63.323(b) and
(c)and 63.324(d)(6) to § 63.322(o)(2), and thus inadvertently caused the colorimetric monitoring provisions and the recordkeeping and reporting provisions proposed for major sources to appear to apply to new systems installed after December 21, 2005, at area sources. Moreover, the proposed prohibition on perchloroethylene emissions during transfer moved from proposed § 63.322(o)(4) to final § 63.322(o)(3), and this renumbering of the paragraphs in § 63.322(o) was not tracked in the cross references in the final rule's applicability and exemption § 63.320(d) and (e). Hence, this direct final action makes appropriate amendments to the cross references in applicability § 63.320(d) and (e), and removes the cross references in §§ 63.323(b) and
(c)and 63.324(d)(6) to § 63.322(o)(2). Without cross reference corrections to the final rule, the rule cannot be implemented properly. For example, as a result of improper applicability cross referencing, colorimetric monitoring requirements would appear to be required of dry cleaning systems installed at area sources after December 21, 2005. This was not our intent and was not contained in the proposed rule. Neither is it supported by our impacts analysis or by public comments received on the proposal, nor is it explained or justified in the preamble or response to comments document supporting the final rule. Moreover, without these corrections, sources eligible for the limited exemptions under § 63.320(d) and
(e)would appear to be also exempt from the universal prohibition proposed and promulgated regarding perchloroethylene emissions during transfers, even though this inadvertent change from the proposal was also not supported by any explanation in our final rulemaking. In addition, while we did not propose changes to the test methods and monitoring requirements of § 63.323(a) in the December 21, 2005, proposal, we nonetheless amended this section in response to comments. In doing so, we stated in the preamble to the final rule that installed pressure gauge monitoring was a preferred method for monitoring condenser performance, and amended § 63.323(a) to include these monitoring provisions. As written, however, § 63.323(a) now states that only systems that are not equipped with refrigeration system pressure gauges may exercise the option of monitoring temperature, which has created a problem for operators whose installed pressure gauges are not operating properly. While we still believe that installed pressure gauges are a preferred monitoring method for most cases, we also recognize that either method is acceptable to demonstrate condenser compliance, regardless of whether or not a particular system is equipped with refrigeration system pressure gauges. This direct final action makes appropriate amendments to §§ 63.323(a) and 63.324(d) in order to allow owners or operators to monitor either pressure or temperature to demonstrate refrigerated condenser compliance, regardless of whether or not their system is equipped with refrigeration system pressure gauges. Without amendments to the refrigerated condenser monitoring provisions, the final rule implies that systems equipped with refrigeration system pressure gauges would not have the option to monitor temperature. This was not our intent. Finally, in § 63.322(o)(5)(i) of the final rule we promulgated a December 21, 2020, phase-out date for all PCE emissions from dry cleaning systems located in a building with a residence. This phase-out was intended to apply universally, without being subject to the limited exemptions provided by § 63.320(d), which grants limited relief for existing dry-to-dry machines and ancillary equipment at facilities with total annual PCE use of less than 530 liters (140 gallons). However, in promulgating amendments to § 63.320(d) in the final rule, we inadvertently cross-referenced the promulgated immediate prohibition of PCE emissions from new dry cleaning systems installed after December 21, 2005, in buildings with a residence, even though such new systems are not addressed by § 63.320(d). We are correcting this cross-referencing error, as necessary to avoid appearing to subject existing § 63.320(d)-eligible sources located in buildings with a residence to an immediate prohibition of PCE emissions, and to apply the same December 21, 2020 phase-out date that applies to all other existing co-residential sources. VI. What amendments are we making to the rule? As currently written, 40 CFR 63.323(b) and
(c)require owners or operators of dry cleaning machines using carbon adsorbers to comply with §§ 63.322(a)(2), 63.322(b)(3) and 63.322(o)(2) to conduct colorimetric monitoring. Prior to the July 27, 2006, revisions, these requirements only applied, under § 63.322(b)(3), to new dry cleaning machines at a major sources installed after December 9, 1991, equipped with a closed-loop system with a refrigerated condenser and a carbon adsorber, and, under § 63.322(a)(2), to existing dry cleaning machines with a carbon adsorber installed as an alternative to a refrigerated condenser prior to September 22, 1993. Following the July 27, 2006 revisions, though, due to our inadvertent errors in tracking cross-references as changes in the rule were made from the proposed rule to the final rule revisions, it could be interpreted that these requirements now apply to all new dry cleaning systems installed after December 21, 2005, at area sources, which was neither proposed nor the EPA's intent. To remedy this, we are removing the references in § 63.323(b) and
(c)to § 63.322(o)(2). In addition, due to the July 27, 2006, revisions to 40 CFR 63.323(a), one could interpret that using the monitoring method in 40 CFR 63.323(a)(2)(ii) is only an option when the dry cleaning machine is not equipped with refrigeration system pressure gauges. Our intent was to allow either the method in 40 CFR 63.323(a)(1)(i), which uses pressure gauge readings, or in 40 CFR 63.323(a)(1)(ii), which uses temperature sensors, at the owner/operator's discretion. We recognized that the method in 40 CFR 63.323(a)(1)(i), which uses pressure gauge readings, requires that a machine be equipped with refrigeration system pressure gauges, but we did not intend that the presence or absence of such gauges would dictate which of these two methods could be used for compliance. To remedy this, we are amending 40 CFR 63.323(a) by removing the phrase “If the machine is not equipped with refrigeration system pressure gauges” as a condition for using the temperature method in 40 CFR 63.323(a)(1)(ii). We are also amending the recordkeeping requirements in 40 CFR 63.324(d), to reflect this 40 CFR 63.323(a) amendment, by replacing the phrase “temperature sensor monitoring results” with “monitoring results (temperature sensor or pressure gauge).” Finally, in order to remedy applicability section tracking inconsistency with the renumbering of paragraphs in § 63.322 between the most recent proposed and final revisions, we are amending the cross-references in the applicability § 63.320(d) and
(e)to appropriately refer to § 63.322(o)(3) where they currently refer to § 63.322(o)(4). VII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review This action is not a “significant regulatory action” under the terms of Executive Order
(EO)12866 (58 FR 51735, October 4, 1993) and is therefore not subject to the review under the EO. B. Paperwork Reduction Act This action does not impose any new information collection burden. The rule requires enhanced LDAR program that requires a handheld portable monitor. Major source facilities will purchase a PCE gas analyzer and area sources will purchase a halogenated hydrocarbon leak detector. Owners and operators will incur the capital/startup cost of purchasing the monitors, plus ongoing annual operation and maintenance costs. No new information collection is required as part of these amendments; owners and operators will continue to keep records and submit required reports to EPA or the delegated State regulatory authority required in the final rule. However, the Office of Management and Budget
(OMB)has previously approved the information collection requirements contained in the existing regulations (40 CFR 63 subpart M) under the provisions of the *Paperwork Reduction Act* 44 U.S.C. 3501 *et seq.* and has assigned OMB control number 2060-0234. The OMB control number for EPA's regulations in 40 CFR are listed in 40 CFR part 9. C. Regulatory Flexibility Act The Regulatory Flexibility Act
(RFA)generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the Agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of the direct final rule on small entities, a small entity is defined as:
(1)A small business as defined by the Small Business Administration's
(SBA)regulations at 13 CFR 121.201;
(2)a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and
(3)a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of this rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This direct final rule will not impose any new requirements on small entities. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with federal mandates that may result in expenditures to State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least-costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows the EPA to adopt an alternative other than the least-costly, most cost effective, or least-burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. EPA has determined that this direct final rule does not contain a federal mandate that may result in expenditures of $100 million or more for state, local, and tribal governments, in the aggregate, or the private sector in any one year. Therefore, the direct final rule is not subject to the requirements of sections 202 and 205 of the UMRA. In addition, EPA has determined that this direct final rule contains no regulatory requirements that might significantly or uniquely affect small governments because the burden is small and the regulation does not apply to small governments. Therefore, this direct final rule is not subject to the requirements of section 203 of the UMRA. E. Executive Order 13132: Federalism Executive Order
(EO)13132 (64 FR 43255, August 10, 1999) requires EPA to develop an accountable process to ensure “meaningful and timely input by state and local officials in the development of regulatory policies that have Federalism implications.” “Policies that have Federalism implications” is defined in the EO to include regulations that have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.” This direct final rule does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in EO 13132. Thus, EO 13132 does not apply to this rule. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order
(EO)13175 (65 FR 67249, November 9, 2000) requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” The direct final rule does not have tribal implications, as specified in EO 13175. This rule will not have substantial direct effects on tribal governments, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified in EO 13175. Thus, EO 13175 does not apply to this direct final rule. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5-501 of the Order has the potential to influence the regulation. This action is not subject to EO 13045 because it is based solely on technology performance. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order
(EO)13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355 (May 22, 2001)) because it is not a significant regulatory action under EO 12866. I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note), directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This action does not involve technical standards. Therefore, EPA did not consider the use of any voluntary consensus standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629, February 16, 1994) establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA has determined that this direct final rule will not have disproportionately high and adverse human health or environmental effects on minority or low income populations because it does not affect the level of protection provided to human health or the environment. Moreover, the technical and editorial corrections in this direct final rule do not change the level of control required by the National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities. K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 *et seq* ., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each house of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this direct final rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this direct final rule in the **Federal Register** . A Major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). This rule will be effective July 15, 2008. List of Subjects in 40 CFR Part 63 Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: March 20, 2008. Stephen L. Johnson, Administrator. For the reasons set out in the preamble, title 40, chapter I, part 63, of the Code of Federal Regulations is amended as follows: PART 63—[AMENDED] 1. The authority citation for part 63 continues to read as follows: Authority: 42 U.S.C. 7401, *et seq* . Subpart M—[Amended] 2. Section 63.320 is amended by revising paragraphs
(d)and
(e)to read as follows: § 63.320 Applicability.
(d)Each existing dry-to-dry machine and its ancillary equipment located in a dry cleaning facility that includes only dry-to-dry machines, and each existing transfer machine system and its ancillary equipment, and each new transfer machine system and its ancillary equipment installed between December 9, 1991, and September 22, 1993, as well as each existing dry-to-dry machine and its ancillary equipment, located in a dry cleaning facility that includes both transfer machine system(s) and dry-to-dry machine(s) is exempt from §§ 63.322, 63.323, and 63.324, except §§ 63.322(c), (d), (i), (j), (k), (l), (m), (o)(1), (o)(3) and (o)(5)(i); 63.323(d); and 63.324 (a), (b), (d)(1), (d)(2), (d)(3), (d)(4), and
(e)if the total PCE consumption of the dry cleaning facility is less than 530 liters (140 gallons) per year. Consumption is determined according to § 63.323(d).
(e)Each existing transfer machine system and its ancillary equipment, and each new transfer machine system and its ancillary equipment installed between December 9, 1991, and September 22, 1993, located in a dry cleaning facility that includes only transfer machine system(s), is exempt from §§ 63.322, 63.323, and 63.324, except §§ 63.322(c), (d), (i), (j), (k), (l), (m), (o)(1), and (o)(3); 63.323(d); and 63.324 (a), (b), (d)(1), (d)(2), (d)(3), (d)(4), and
(e)if the PCE consumption of the dry cleaning facility is less than 760 liters (200 gallons) per year. Consumption is determined according to § 63.323(d). 3. Section 63.323 is amended as follows: a. By revising paragraphs (a)(1) introductory text and (a)(1)(ii). b. By revising paragraph
(b)introductory text. c. By revising paragraph
(c)introductory text. § 63.323 Test methods and monitoring.
(a)* * *
(1)The owner or operator shall monitor on a weekly basis the parameters in either paragraph (a)(1)(i) or
(ii)of this section.
(ii)The temperature of the air-perchloroethylene gas-vapor stream on the outlet side of the refrigerated condenser on a dry-to-dry machine, dryer, or reclaimer with a temperature sensor to determine if it is equal to or less than 7.2 °C (45 °F) before the end of the cool-down or drying cycle while the gas-vapor stream is flowing through the condenser. The temperature sensor shall be used according to the manufacturer's instructions and shall be designed to measure a temperature of 7.2 °C (45 °F) to an accuracy of ±1.1 °C (±2 °F).
(b)When a carbon adsorber is used to comply with § 63.322(a)(2) or exhaust is passed through a carbon adsorber immediately upon machine door opening to comply with § 63.322(b)(3), the owner or operator shall measure the concentration of PCE in the exhaust of the carbon adsorber weekly with a colorimetric detector tube or PCE gas analyzer. The measurement shall be taken while the dry cleaning machine is venting to that carbon adsorber at the end of the last dry cleaning cycle prior to desorption of that carbon adsorber or removal of the activated carbon to determine that the PCE concentration in the exhaust is equal to or less than 100 parts per million by volume. The owner or operator shall:
(c)If the air-PCE gas vapor stream is passed through a carbon adsorber prior to machine door opening to comply with § 63.322(b)(3), the owner or operator of an affected facility shall measure the concentration of PCE in the dry cleaning machine drum at the end of the dry cleaning cycle weekly with a colorimetric detector tube or PCE gas analyzer to determine that the PCE concentration is equal to or less than 300 parts per million by volume. The owner or operator shall: 4. Section 63.324 is amended by revising paragraphs (d)(5), and (d)(6) to read as follows: § 63.324 Reporting and recordkeeping requirements.
(d)* * *
(5)The date and monitoring results (temperature sensor or pressure gauge), as specified in § 63.323 if a refrigerated condenser is used to comply with § 63.322(a), (b), or (o); and
(6)The date and monitoring results, as specified in § 63.323, if a carbon adsorber is used to comply with § 63.322(a)(2), or (b)(3). [FR Doc. E8-6544 Filed 3-31-08; 8:45 am] BILLING CODE 6560-50-P 73 63 Tuesday, April 1, 2008 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0376; Directorate Identifier 2007-NM-322-AD] RIN 2120-AA64 Airworthiness Directives; Boeing Model 747-100, 747-200B, 747-300, and 747SR Series Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive
(AD)for certain Boeing Model 747-100, 747-200B, 747-300, and 747SR series airplanes that have been converted by Boeing to the Boeing Special Freighter configuration. This proposed AD would require installation of a closeout panel and moisture curtains for the main equipment center. This proposed AD would also require changing the drain tubes for the power drive units and the pitot static tubes and installing larger moisture shrouds. This proposed AD results from a report of water contamination in the electrical and electronic units in the main equipment center. We are proposing this AD to prevent the malfunction of one or more electrical and electronic units in the main equipment center, which could adversely affect the airplane's continued safe flight. DATES: We must receive comments on this proposed AD by May 16, 2008. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:* 202-493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Marcia Smith, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6484; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0376; Directorate Identifier 2007-NM-322-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion We have received a report of water contamination in the electrical and electronic units in the main equipment center. The water contamination caused a central air data computer (CADC-2) and an air data inertial reference unit (ADIRU-1) to malfunction with eight cockpit indications of failure. When loading cargo in rain or snow conditions, water can spill onto the main deck cargo floor and flow through the power drive units (PDUs). If the amount of water exceeds the drain capacity of the PDUs above the main equipment center, water can spill onto the electrical and electronic units. This water contamination could cause one or more of the approximately 80 electrical and electronic units to malfunction. The malfunction of one or more electrical and electronic units in the main equipment center, if not corrected, could adversely affect the airplane's continued safe flight. Relevant Service Information We have reviewed Boeing Alert Service Bulletin 747-25A3368, Revision 1, dated June 25, 2007. The service bulletin describes procedures for installing a closeout panel and moisture curtains to protect the electrical and electronic units in the main equipment center from water contamination. We have also reviewed Boeing Alert Service Bulletin 747-25A3346, dated September 13, 2007. The service bulletin describes procedures for changing the PDU drain tubes and pitot static tubes, and installing larger moisture shrouds to provide additional protection from water contamination. Operators should note that accomplishing the actions specified in Boeing Alert Service Bulletin 747-25A3346 concurrently with the actions specified in Boeing Alert Service Bulletin 747-25A3368 would necessitate less work than accomplishing the service bulletins at different times. FAA's Determination and Requirements of This Proposed AD We are proposing this AD because we evaluated all relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the(se) same type design(s). This proposed AD would require accomplishing the actions specified in the service information described previously. Clarification of Service Information Boeing Alert Service Bulletin 747-25A3346 specifies prior or concurrent accomplishment of Boeing Alert Service Bulletin 747-25A3368, dated August 25, 2005, or Revision 1, dated June 25, 2007. However, this proposed AD would allow accomplishment of the original issue of Boeing Alert Service Bulletin 747-25A3368 before the effective date of the proposed AD only if the additional work specified in Revision 1 of the service bulletin is accomplished. Costs of Compliance We estimate that this proposed AD would affect 42 airplanes of U.S. registry. The following table provides the estimated costs, at an average labor rate of $80 per work hour, for U.S. operators to comply with this proposed AD. Estimated Costs Action Work hours Parts Cost per product Number of U.S.- registered airplanes Fleet cost Installation for Boeing Alert Service Bulletin 747-25A3368 Up to 10 Up to $11,672 Up to $12,472 42 Up to $523,824. Installation for Boeing Alert Service Bulletin 747-25A3346 Up to 62 Up to $31,621 Up to $36,581 42 Up to $1,536,402. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866, 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **Boeing:** Docket No. FAA-2008-0376; Directorate Identifier 2007-NM-322-AD. Comments Due Date
(a)We must receive comments by May 16, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to Boeing Model 747-100, 747-200B, 747-300, and 747SR series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 747-25A3346, dated September 13, 2007; and Boeing Alert Service Bulletin 747-25A3368, Revision 1, dated June 25, 2007. Note 1: The affected airplanes are those that have been converted by Boeing to the Boeing Special Freighter configuration. Unsafe Condition
(d)This AD results from a report of water contamination in the electrical and electronic units in the main equipment center. We are issuing this AD to prevent the malfunction of one or more electrical and electronic units in the main equipment center, which could adversely affect the airplane's continued safe flight. Compliance
(e)Comply with this AD within the compliance times specified, unless already done. Installation of Closeout Panel and Moisture Curtains
(f)For the airplanes identified in Boeing Alert Service Bulletin 747-25A3368, Revision 1, dated June 25, 2007: Within 24 months after the effective date of this AD, install the closeout panel and moisture curtains for the main equipment center, by accomplishing all of the applicable actions specified in the Accomplishment Instructions of the service bulletin. Installation of Larger Moisture Shrouds and Additional Drain Lines
(g)For the airplanes identified in Boeing Alert Service Bulletin 747-25A3346, dated September 13, 2007: Within 72 months after the effective date of this AD, change the drain tubes for the power drive units and the pitot static tubes and install larger moisture shrouds, by accomplishing all of the applicable actions specified in the Accomplishment Instructions of the service bulletin. Note 2: Accomplishing the actions specified in Boeing Alert Service Bulletin 747-25A3346 dated September 13, 2007, concurrently with the actions specified in Boeing Alert Service Bulletin 747-25A3368, Revision 1, dated June 25, 2007, would necessitate less work than accomplishing the service bulletins at different times. Credit for Actions Done According to Previous Issue of the Service Bulletin
(h)Actions done before the effective date of this AD in accordance with Boeing Alert Service Bulletin 747-25A3368, dated August 25, 2005, are acceptable for compliance with the corresponding actions required by paragraph
(f)of this AD, provided that all of the additional work specified in Boeing Alert Service Bulletin 747-25A3368, Revision 1, dated June 25, 2007, is accomplished in accordance with paragraph
(f)of this AD. Alternative Methods of Compliance (AMOCs) (i)(1) The Manager, Seattle Aircraft Certification Office, FAA, ATTN: Marcia Smith, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM-150S, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6484; fax
(425)917-6590; has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.
(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Issued in Renton, Washington, on March 24, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-6613 Filed 3-31-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0375; Directorate Identifier 2007-NM-272-AD] RIN 2120-AA64 Airworthiness Directives; Short Brothers Model SD3-60 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to supersede two existing airworthiness directives
(ADs)that apply to all Short Brothers Model SD3-60 airplanes. One of the ADs currently requires inspection of the welded joints of the balance weight brackets for the elevator trim tabs for cracking; repetitive inspections, as applicable; and corrective actions including the eventual replacement of all brackets. The other AD currently requires, for certain airplanes, repetitive inspections for cracking of the balance weight brackets and replacement of any cracked bracket, and provides for an optional terminating action for the repetitive inspections. This proposed AD would require an additional inspection to detect cracks of the balance weight brackets, applicable related investigative and corrective actions, and replacement of a certain balance weight bracket when it has reached its maximum life limit. This proposed AD results from a report indicating that several reworked balance weight brackets have exhibited signs of premature failure. We are proposing this AD to prevent failure of the balance weight brackets of the elevator trim tabs, which could cause loss of the balance weight. This could result in incorrect trim during takeoff and landing, and reduced controllability of the airplane. DATES: We must receive comments on this proposed AD by May 1, 2008. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* . Follow the instructions for submitting comments. • *Fax:* 202-493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Short Brothers, Airworthiness & Engineering Quality, P.O. Box 241, Airport Road, Belfast BT3 9DZ, Northern Ireland. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1175; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0375; Directorate Identifier 2007-NM-272-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion On June 16, 2004, we issued AD 2004-13-08, amendment 39-13690 (69 FR 38813, June 29, 2004), for all Short Brothers Model SD3-60 airplanes. That AD requires inspection of the welded joints of the balance weight brackets for the left and right elevator trim tabs for cracking; repetitive inspections, as applicable; and corrective actions including the eventual replacement of all brackets, which constitutes terminating action for the repetitive inspections. That AD resulted from a report indicating that a balance weight assembly for an elevator trim tab detached during landing. We issued that AD to prevent the loss of the balance weight for the elevator trim tab, which could result in incorrect trim during takeoff and landing, and reduced controllability of the airplane. On February 11, 2005, we issued AD 2005-04-13, amendment 39-13985 (70 FR 9212, February 25, 2005), for all Short Brothers Model SD3-60 airplanes. That AD requires, for certain airplanes, repetitive inspections for cracking of the balance weight brackets of the elevator trim tabs, and replacement of any cracked bracket with a new or reworked bracket that conforms to the approved design standard. That AD also provides for an optional terminating action for the repetitive inspections. That AD resulted from reports indicating that balance weight brackets (which might have been installed in accordance with AD 2004-13-08) have been found cracked on both the left and right elevator trim tabs. We issued that AD to prevent failure of the balance weight bracket for the elevator trim tab, which could cause loss of the balance weight. This could result in incorrect trim during takeoff and landing, and reduced controllability of the airplane. Actions Since Existing AD Was Issued Since we issued AD 2005-04-13, the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has informed us that a batch of non-conforming balance weight brackets of the elevator trim tabs, manufactured in 2003 and 2004, were reworked by the manufacturer. These balance weight brackets were considered as fully conforming brackets and were installed in accordance with AD 2005-04-13. Several of these reworked balance weight brackets exhibited signs of premature failure. The premature failures were attributed to the welding operations required as part of the rework. Testing confirmed a reduced service life for the balance weight brackets. Failure of the balance weight brackets of the elevator trim tabs, if not corrected, could cause loss of the balance weight. This could result in incorrect trim during takeoff and landing, and reduced controllability of the airplane. Relevant Service Information Shorts has issued Alert Service Bulletins SD360-55-A21, Revision 1, dated March 29, 2007; and SD360-55-20, Revision 2, dated March 29, 2007. The service bulletins describe new procedures for a dye penetrant inspection to detect cracks of certain balance weight brackets of the elevator trim tabs, and applicable related investigative and corrective actions. The related investigative actions involve repeating the inspection described previously. The corrective action involves replacing any cracked balance weight bracket with a new bracket. The service bulletins also describe procedures for eventual replacement of certain balance weight brackets with new brackets, when they have reached their maximum life limit ( *i.e.* , 1,750 or 28,800 flight hours depending on the airplane configuration). Accomplishing the replacement would eliminate the need for the repetitive dye penetrant inspections described previously and the repetitive inspections required by ADs 2004-13-08 and 2005-04-13. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. The EASA mandated the service information and issued emergency airworthiness directive 2007-0107-E, dated April 18, 2007, to ensure the continued airworthiness of these airplanes in the European Union. FAA's Determination and Requirements of the Proposed AD These airplanes are manufactured in the United Kingdon and are type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. As described in FAA Order 8100.14A, “Interim Procedures for Working with the European Community on Airworthiness Certification and Continued Airworthiness,” dated August 12, 2005, the EASA has kept the FAA informed of the situation described above. We have examined the EASA's findings, evaluated all pertinent information, and determined that AD action is necessary for airplanes of this type design that are certificated for operation in the United States. This proposed AD would supersede ADs 2004-13-08 and 2005-04-13 and would retain the requirements of the existing ADs. This proposed AD also would require accomplishing the actions specified in service bulletins described previously. Differences Between the Proposed AD and EASA Airworthiness Directive Although the EASA emergency airworthiness directive 2007-0107-E does not list a grace period for certain compliance times, this proposed AD adds a grace period to those compliance times. We find that a grace period will keep airplanes from being grounded unnecessarily. Change to Existing ADs This proposed AD would retain all requirements of ADs 2004-13-08 and 2005-04-13. Since AD 2004-13-08 was issued, the AD format has been revised, and certain paragraphs have been rearranged. In addition, the need to supersede two ADs requires that we re-identify the paragraphs for AD 2005-04-13. As a result, the corresponding paragraph identifiers have changed in this proposed AD, as listed in the following tables: Revised Paragraph Identifiers for AD 2004-13-08 Requirement in AD 2004-13-08 Corresponding requirement in this proposed AD paragraph
(a)paragraph (f). paragraph
(b)paragraph (g). paragraph
(c)paragraph (h). paragraph
(d)paragraph (i). paragraph
(e)paragraph (j). paragraph
(f)paragraph (k). Revised Paragraph Identifiers for AD 2005-04-13 Requirement in AD 2005-04-13 Corresponding requirement in this proposed AD paragraph
(f)paragraph (l). paragraph
(g)paragraph (m). paragraph
(h)paragraph (n). paragraph
(i)paragraph (o). paragraph
(j)paragraph (p). Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this proposed AD. Estimated Costs Action Work hours Average labor rate per hour Parts Cost per airplane Number of U.S.- registered airplanes Fleet cost Inspections (required by AD 2004-13-08) 12 $80 None $960, per inspection cycle 21 $20,160, per inspection cycle. Replacement (required by AD 2004-13-08) 8 80 $632 $1,272 21 $26,712. Inspections (required by AD 2005-04-13) 12 80 None $960, per inspection cycle 21 $20,160, per inspection cycle. Inspection (new proposed action) 12 80 None $960, per inspection cycle 21 $20,160, per inspection cycle. Replacement (new proposed action) 8 80 $864 $1,504, per replacement cycle 21 $31,584, per replacement cycle. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by removing amendments 39-13690 (69 FR 38813, June 29, 2004) and 39-13985 (70 FR 9212, February 25, 2005) and by adding the following new airworthiness directive (AD): **Short Brothers PLC:** Docket No. FAA-2008-0375; Directorate Identifier 2007-NM-272-AD. Comments Due Date
(a)The FAA must receive comments on this AD action by May 1, 2008. Affected ADs
(b)This AD supersedes ADs 2004-13-08 and 2005-04-13. Applicability
(c)This AD applies to all Short Brothers Model SD3-60 airplanes, certificated in any category. Unsafe Condition
(d)This AD results from a report indicating that several reworked balance weight brackets have exhibited signs of premature failure. We are issuing this AD to prevent failure of the balance weight bracket of the elevator trim tab, which could cause loss of the balance weight. This could result in incorrect trim during takeoff and landing, and reduced controllability of the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Requirements of AD 2004-13-08 Service Bulletin Reference
(f)The term “service bulletin,” as used in paragraphs
(g)through
(j)of this AD, means the Accomplishment Instructions of Short Brothers Service Bulletin SD360-55-20, dated June 26, 2003; or Revision 01, dated June 20, 2005. Initial Inspection
(g)Within 2 months after August 3, 2004 (the effective date of AD 2004-13-08): Do a dye penetrant inspection for cracking in the welded joints of the balance weight brackets for the left and right elevator trim tabs, in accordance with the service bulletin. Investigative and Corrective Actions if No Cracking is Found
(h)If no cracking is found during the inspection required by paragraph
(g)of this AD, do the actions required by paragraphs (h)(1) and (h)(2) of this AD at the applicable compliance times.
(1)Repeat the inspection required by paragraph
(g)of this AD at intervals not to exceed 4,800 flight hours until the bracket is replaced per paragraph (h)(2) or
(i)of this AD.
(2)Prior to the accumulation of 28,800 total flight hours, or within 6 months after August 3, 2004, whichever occurs later: Replace any bracket that has not been replaced per paragraph
(i)of this AD with a new bracket or with a serviceable bracket that has been inspected in accordance with paragraph
(g)of this AD. Replace in accordance with the service bulletin. Replacement of the brackets constitutes terminating action for the repetitive inspections required by paragraph (h)(1) of this AD. Corrective Actions if Any Cracking is Found
(i)If any cracking is found during any inspection required by paragraph
(g)or
(h)of this AD: Before further flight, accomplish the applicable action in paragraph (i)(1) or (i)(2) of this AD in accordance with the service bulletin.
(1)For airplanes that have accumulated less than 28,800 flight hours and on which all cracking on brackets is less than 0.25 inch in length: Repair the affected bracket in accordance with Part B of the service bulletin (including the additional dye penetrant inspection of the repaired welded joint) and repeat the inspection required by paragraph
(g)of this AD at intervals not to exceed 4,800 flight hours; or replace the bracket in accordance with paragraph (h)(2) of this AD. Replacement of the bracket constitutes terminating action for the repetitive inspections.
(2)For any airplane on which any cracking on a bracket is 0.25 inch in length or greater, and for any airplane that has accumulated 28,800 flight hours or more on which any cracking of any length is found on a bracket: Replace the affected bracket with a new bracket or with a serviceable bracket that has been inspected in accordance with paragraph
(g)of this AD. Replacement of the bracket constitutes terminating action for the repetitive inspections required by paragraph (i)(1) of this AD. Refitting
(j)Before further flight following any inspection per paragraph
(g)or
(h)of this AD; or before further flight following repair or replacement of a bracket per paragraphs (h)(2) or
(i)of this AD: Refit the balance weights, covers, and trim tabs, in accordance with the service bulletin. Where the service bulletin specifies to contact the manufacturer for disposition of certain conditions while refitting, obtain further disposition instructions from the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate; or the Civil Aviation Authority
(CAA)(or its delegated agent). Parts Installation
(k)As of August 3, 2004, no person may install on any airplane a balance weight bracket unless the welded joint has been inspected in accordance with paragraph
(g)of this AD. Requirements of AD 2005-04-13 Service Bulletin Reference
(l)The following information applies to the service bulletin referenced in paragraphs
(l)through
(o)of this AD:
(1)The term “service bulletin,” as used in paragraphs
(l)through
(o)of this AD, means the Accomplishment Instructions of Short Brothers Alert Service Bulletin SD360-55-A21, dated December 16, 2004.
(2)Although the service bulletin specifies to return subject parts to the manufacturer, this AD does not include that requirement. Repetitive Inspections
(m)For airplanes equipped with balance weight brackets of the elevator trim tabs having part number SD3-07-6011xA, and having a serial number beginning with “X3” or “X4”: Prior to the accumulation of 250 flight hours since installation of the subject balance weight bracket of the elevator trim tab, or within 30 flight hours after March 14, 2005 (the effective date of AD 2005-04-13), whichever is later, do a dye penetrant inspection for cracking of the balance weight brackets for the left and right elevator trim tabs, in accordance with the service bulletin.
(1)For a balance weight bracket on which no cracking is found: Do paragraph
(o)of this AD, and repeat the inspection thereafter at intervals not to exceed 250 flight hours until paragraph
(n)of this AD is accomplished.
(2)For a balance weight bracket on which any cracking is found: Before further flight, replace the bracket with a new or reworked balance weight bracket that conforms to the approved design standard in accordance with the service bulletin, and do paragraph
(o)of this AD. Optional Terminating Action
(n)For airplanes equipped with balance weight brackets of the elevator trim tabs having part number SD3-07-6011xA, and having a serial number beginning with “X3” or “X4”: Replacement of any subject balance weight bracket with a new or reworked balance weight bracket that conforms to the approved design standard, in accordance with the service bulletin, constitutes terminating action for the repetitive inspections required by paragraph
(m)of this AD for the replaced bracket. Refitting
(o)For airplanes equipped with balance weight brackets of the elevator trim tabs having part number SD3-07-6011xA, and having a serial number beginning with “X3” or “X4”: Before further flight following any inspection or replacement of a bracket in accordance with paragraphs
(m)and
(n)of this AD: Refit the balance weights, covers, and trim tabs, in accordance with the service bulletin. Where the service bulletin specifies to contact the manufacturer for disposition of certain conditions while refitting, obtain further disposition instructions from the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate; or the Civil Aviation Authority
(CAA)(or its delegated agent). Parts Installation
(p)*For all airplanes:* As of March 14, 2005, no person may install, on any airplane subject to this AD, a balance weight bracket having part number SD3-07-6011xA, and having a serial number beginning with “X3” or” X4,” unless the bracket is also marked “Rework batch number R-Bxxxxx” (where “xxxxx” is a number). New Requirements of This AD Inspection(s) and Replacements
(q)For airplanes equipped with balance weight brackets of the elevator trim tabs having part number SD3-07-6011xA manufactured in the year 2003 or 2004, including re-worked brackets, installed in accordance with paragraph (h)(2), (i)(2), or
(n)of this AD, as applicable: Do the actions specified in paragraphs (q)(1) and (q)(2) of this AD in accordance with Parts A and B of the Accomplishment Instructions of Shorts Alert Service Bulletin SD360-55-A21, Revision 1, dated March 29, 2007.
(1)Within 30 flight hours after the effective date of this AD, or within 250 flight hours since installation of the balance weight brackets of the elevator trim tabs or since the last inspection required by paragraph (g), (h)(1), (i)(1), or
(m)of this AD, whichever occurs later: Do a dye penetrant inspection to detect cracks of the balance weight brackets of the elevator trim tabs.
(i)If no crack is detected, repeat the dye penetrant inspection at intervals not to exceed 250 flight hours, until the replacement required by paragraph (q)(2) of this AD is done.
(ii)If any crack is detected, before further flight, do the replacement specified in paragraph (q)(2) of this AD.
(2)Before the accumulation of 1,750 flight hours since installation of the balance weight brackets of the elevator trim tabs, or within 180 days after the effective date of this AD, whichever occurs later: Replace the balance weight brackets with new balance weight brackets manufactured in 2005 or later. Thereafter, replace any balance weight bracket with a new bracket manufactured in 2005 or later at intervals not to exceed the accumulation of 1,750 flight hours on that bracket. Accomplishment of the initial replacement ends the repetitive inspection requirements of this AD.
(r)For airplanes equipped with balance weight brackets of the elevator trim tabs having part number SD3-31-6213xB inspected in accordance with paragraph (g), (h)(1), or (i)(1) of this AD and retained or refitted following approved repair in accordance with paragraph
(j)of this AD: Do the actions specified in paragraphs (r)(1) and (r)(2) of this AD in accordance with Parts A and B of the Accomplishment Instructions of Shorts Alert Service Bulletin SD360-55-20, Revision 2, dated March 29, 2007.
(1)Within 4,800 flight hours since last inspection, or within 180 days after the effective date of this AD, whichever occurs later, and thereafter at intervals not to exceed 4,800 flight hours: Do a dye penetrant inspection to detect cracks of the balance weight brackets of the elevator trim tabs.
(i)If no crack is detected, repeat the dye penetrant inspection at intervals not to exceed 4,800 flight hours, until the replacement required by paragraph (r)(2) of this AD is done.
(ii)If any crack is detected, before further flight, do the replacement specified in paragraph (r)(2) of this AD.
(2)Before the accumulation of 28,800 flight hours since any balance weight bracket of the elevator trim tabs is new, or within 180 days after the effective date of this AD, whichever occurs later: Replace the balance weight brackets with new balance weight brackets manufactured in 2005 or later. Thereafter, replace any balance weight bracket with a new bracket manufactured in 2005 or later at intervals not to exceed the accumulation of 28,800 flight hours on that bracket. Accomplishment of the initial replacement ends the repetitive inspection requirements of this AD. Part Installation
(s)For all airplanes: As of the effective date of this AD, no person may install, on any airplane, a balance weight bracket of the elevator trim tab manufactured earlier than 2005. Alternative Methods of Compliance (AMOCs) (t)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Related Information
(u)EASA emergency airworthiness directive 2007-0107-E, dated April 18, 2007, also addresses the subject of this AD. Issued in Renton, Washington, on March 24, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-6614 Filed 3-31-08; 8:45 am] BILLING CODE 4910-13-P FEDERAL TRADE COMMISSION 16 CFR Part 305 RIN 3084-AA74 Appliance Labeling Rule AGENCY: Federal Trade Commission (FTC or Commission). ACTION: Notice of proposed rulemaking; request for public comment. SUMMARY: Section 324 of the Energy Independence and Security Act of 2007 requires the Federal Trade Commission to issue labeling rules for metal halide lamp fixtures and ballasts by July 1, 2008. In accordance with this directive, the FTC is publishing proposed amendments to the Appliance Labeling Rule (``Rule'') for comment. DATES: Written comments must be received on or before April 28, 2008. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to ``Proposed Metal Halide Lamp Labeling, Matter No. R611004'' to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope, and should be mailed or delivered to the following address: Federal Trade Commission/Office of the Secretary, Room H-135 (Annex A), 600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing confidential material must be filed in paper form, and the first page of the document must be clearly labeled ``Confidential'' and must comply with Commission Rule 4.9(c). 1 The FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible, because postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. 1 Any request for confidential treatment, including the factual and legal basis for the request, must accompany the comment and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission's General Counsel, consistent with applicable law and the public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c). Comments filed in electronic form should be submitted by clicking on the following: *https://secure.commentworks.com/ftc-metalhalide* and following the instructions on the Web-based form. To ensure that the Commission considers an electronic comment, you must file it on the Web-based form at *https://secure.commentworks.com/ftc-metalhalide* . You also may visit *http://www.regulations.gov* to read this proposed Rule, and may file an electronic comment through that Web site. The Commission will consider all comments that regulations.gov forwards to it. Comments on any proposed filing, recordkeeping, or disclosure requirements that are subject to paperwork burden review under the Paperwork Reduction Act should be submitted to: Office of Information and Regulatory Affairs, Office of Management and Budget (``OMB''), Attention: Desk Officer for Federal Trade Commission. Comments should also be submitted via facsimile to
(202)395-6974 because U.S. postal mail at the OMB is subject to delays due to heightened security precautions. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives, whether filed in paper or electronic form. Comments received will be available to the public on the FTC Web site, to the extent practicable, at *http://www.ftc.gov.* As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC Web site. More information, including routine uses permitted by the Privacy Act, may be found in the FTC's privacy policy, at *http://www.ftc.gov/ftc/privacy.htm.* Because written comments appear adequate to present the views of all interested parties, the Commission has not scheduled an oral hearing for these amendments. Interested parties may request an opportunity to present views orally. If such a request is made, the Commission will publish a document in the **Federal Register** , stating the time and place for such oral presentation(s) and describing the procedures that will be followed. Interested parties who wish to present oral views must submit, on or before March 31, 2008, a written comment that describes the issues on which the party wishes to speak. If there is no oral hearing, the Commission will base its decision on the written rulemaking record. FOR FURTHER INFORMATION CONTACT: Hampton Newsome,
(202)326-2889, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: As directed by the Energy Independence and Security Act of 2007 (``EISA'' or ``Act'') (Pub. L. 110-140), the Commission is proposing amendments to the Appliance Labeling Rule (16 CFR Part 305) that would create new labeling requirements for metal halide lamp fixture packaging and ballasts contained within those fixtures. 2 This Notice provides a description of these products, information about EISA's requirements, and a description of the FTC's proposed amendments to implement that law. The Notice also states that the FTC will be conducting a separate rulemaking in the future related to energy disclosures for lamp products as required by EISA. Finally, this notice contains specific questions for comment and analysis under the Paperwork Reduction Act and Regulatory Flexibility Act. 2 In accordance with 42 U.S.C. 6306(a)(1), this proceeding is being conducted pursuant to section 553 of the Administrative Procedure Act (5 U.S.C. 553) except that interested persons shall have an opportunity to present written and oral data, views, and arguments. I. Labeling for Metal Halide Lamp Fixtures Section 324(d) of the EISA amends the Energy Policy and Conservation Act (42 U.S.C. 6291 *et seq.* ) (``EPCA'') to require the Federal Trade Commission to issue labeling rules for metal halide lamp fixture packaging and ballasts that are subject to Department of Energy (``DOE'') efficiency standards issued pursuant to 42 U.S.C. 6295. Under EISA, the Commission must prescribe the labeling rules by July 1, 2008. The statute also directs that the rules, once issued, must apply to any fixture manufactured on or after January 1, 2009. EISA defines a ``metal halide lamp'' as a ``high intensity discharge lamp in which the major portion of the light is produced by radiation of metal halides and their products of dissociation, possibly in combination with metallic vapors.'' 3 These lamps produce a bright, white light and offer high color rendition compared to other high-intensity lighting. They are used to light large indoor areas, such as gymnasiums and sports arenas, as well as outdoor areas, such as car lots. 4 As discussed below, the Commission is proposing labeling rules for metal halide lamp fixtures consistent with the directive of EISA. 3 See Pub. L. 110-140, 324(a). The Act also contains definitions for ``metal halide ballast'' (used to start and operate metal halide lamps) and ``metal halide lamp fixture.'' 4 See *http://www.eere.energy.gov/consumer* / (``A Consumer's Guide to Energy Efficiency and Renewable Energy''). Specifically, EISA directs the FTC to issue a rule requiring that metal halide lamp fixture packages and the ballasts in those fixtures be labeled conspicuously with ``a capital letter `E' printed within a circle.'' 5 Consistent with the labeling requirements for other lighting products, the encircled ``E'' will indicate that the product meets applicable DOE energy efficiency standards. 6 Because EISA excludes some metal halide lamp fixture types from those efficiency standards, 7 the FTC labeling will aid consumers in identifying which products are covered by the DOE standards. 5 42 U.S.C. 6294(a)(2)(C)(ii). EISA mandates FTC labeling rules for metal halide lamp fixtures and ballasts contained in those fixtures. It does not require labeling for metal halide lamps themselves. 6 Under EISA (42 U.S.C. 6294(a)(2)(C)), the FTC's labeling rules cover only those fixtures subject to DOE efficiency standards issued pursuant to 42 U.S.C. 6295, and section 324(e) of EISA (42 U.S.C. 6295(hh)) specifically mandates DOE energy standards for metal halide lamp fixtures. Those standards become effective on the same date as the FTC's labeling requirements. 7 42 U.S.C. 6295(hh)(1)(B). The Commission is proposing amendments to the Appliance Labeling Rule to implement EISA's directive with regard to metal halide lamp fixtures and ballasts. First, consistent with the definition provided in EISA, the amendments provide descriptions of metal halide ballasts and metal halide lamp fixtures in the Rule's list of covered products at section 305.2. 8 Second, the proposed amendments (305.15) require that the encircled ``E'' be clearly and conspicuously disclosed in color-contrasting ink on the label of metal halide lamp fixture packages and the ballasts contained in those fixtures. Consistent with current requirements for similar products, this disclosure would be deemed conspicuous, in terms of size, if it appears in typeface at least as large as either the manufacturer's name or another logo disclosed on the label (e.g., ``UL'' or ``ETL''), whichever is larger. 9 8 The proposed description of (metal halide lamp fixture (§ 305.3(u)) indicates that only such fixtures subject to DOE efficiency standards are covered by the Rule. 9 These proposed labeling requirements track existing requirements for fluorescent lamp ballasts and luminaires (see 16 CFR 305.15(a)&(b)). Indeed, the statutory language in EPCA for fluorescent lamp ballasts and luminaires is very similar to that applicable to metal halide products. See 42 U.S.C. 6294(a)(2)(B). Third, in addition to the proposed package and product labeling requirements, the amendments (305.20) would require retail catalog sellers to include the capital letter ``E'' printed within a circle in their descriptions of metal halide lamp fixtures. 10 The proposed changes also would require disclosures in point of sale promotional material as required for other products (305.19). 11 Finally, consistent with requirements for other covered products, the proposed amendments would add reporting requirements for metal halide lamp fixtures in section 305.8 of the Rule. 12 10 EPCA requires energy disclosures for catalog sellers of covered products. (42 U.S.C. 6296(a)). 11 EPCA authorizes the Commission to require such point of sale disclosures for covered products (42 U.S.C. 6294(c)(4)). The current Rule contains similar requirements for fluorescent lamp ballasts (§ 305.19(a)(2)). 12 Under section 305.8, the proposed rule would require the submission of data including, but not limited to, model number, voltage, and ballast efficiency. The proposed due date for annual reports of these products would be March 1. II. Upcoming Rulemaking on the Effectiveness of Lamp Labeling EISA requires the FTC to conduct a rulemaking to examine the effectiveness of current lighting disclosures required by the Commission and to explore alternative labeling approaches that ``will help consumers to understand new high-efficiency lamp products and to base the purchase decisions of the consumers on the most appropriate source that meets the requirements of the consumers for lighting level, light quality, lamp lifetime, and total lifecycle cost.'' 13 In order to meet the Congressional deadline for metal halide lamp fixture labeling requirements, the Commission will initiate the rulemaking on lamp label effectiveness separately at a future date. 13 EISA section 321(b) (42 U.S.C. 6294(d)(2)(I)). III. Questions for Comment The Commission seeks comments on all aspects of this proposed rule. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before April 28, 2008. We ask that commenters address the following questions:
(1)What costs or burdens, or any other impacts, do the proposed requirements impose, and on whom? What evidence supports the asserted costs, burdens, or other impacts?
(2)What modifications, if any, should be made to the proposed requirements to increase their benefits to consumers?
(a)What evidence supports your proposed modifications? Please submit any such evidence.
(b)How would these modifications affect the costs and benefits of the proposed requirements for consumers?
(c)How would these modifications affect the costs and benefits of the proposed requirements for businesses, and in particular, small businesses?
(3)What modifications, if any, should be made to the proposed requirements to decrease their burdens on businesses?
(a)What evidence supports your proposed modifications? Please submit any such evidence.
(b)How would these modifications affect the costs and benefits of the proposed requirements for consumers?
(c)How would these modifications affect the costs and benefits of the proposed requirements for businesses, and in particular, small businesses?
(4)Are the proposed reporting requirements in section 305.8 appropriate? If not, should the Rule request different, more, or less information? If so, what information should be required? What evidence supports your answer(s)? IV. Paperwork Reduction Act The proposed requirements for package, product labels, as well as point-of-sale materials and catalog disclosures do not constitute a ``collection of information'' under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) because they are a ``public disclosure of information originally supplied by the government to the recipient for the purpose of disclosure to the public'' as indicated in OMB regulations. 14 The proposed data reporting for metal halide lamp ballast manufacturers, however, would constitute a ``collection of information.'' 15 Consistent with past estimates for fluorescent ballast manufacturers, we expect such reporting would require six hours per manufacturer. We estimate that there are approximately 20 manufacturers of metal halide lamp fixtures. 16 Accordingly, we estimate the reporting burden for these entities to be 120 hours. In addition, consistent with past estimates for fluorescent ballast manufacturers, we estimate that the yearly recordkeeping burden for metal halide manufacturers will be no more than 2 hours each or 40 hours total (2 hours × 20 manufacturers). Therefore, the total estimated annual burden of the proposed amendments is 160 hours. The Commission seeks comment on this estimate. 14 5 CFR 1320.3(c)(2). 15 The proposed rule would impose no reporting requirements on catalog sellers. 16 This number
(20)is consistent with our estimate for fluorescent lamp ballast manufacturers. See 69 FR 64289, 64291 (Nov. 4, 2004). U.S. Economic Census data indicate that there are approximately 80 electric lamp bulb and part manufacturers, 473 residential electric lighting fixture manufacturers and 356 commercial, industrial, and institutional electric lighting fixture manufacturers in the U.S. We estimate that only a small fraction of those companies manufacture metal halide lamp fixtures. See *http://www.census.gov/econ/census02/guide/INDRPT31.HTM* (Codes 335110, 335121, and 335122). V. Regulatory Flexibility Act The Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601-612, requires that the Commission provide an Initial Regulatory Flexibility Analysis (``IRFA'') with a proposed Rule and a Final Regulatory Flexibility Analysis (``FRFA''), if any, with the final rule, unless the Commission certifies that the rule will not have a significant economic impact on a substantial number of small entities. *See* 5 U.S.C. 603-605. The Commission does not anticipate that the proposed Rule will have a significant economic impact on a substantial number of small entities because the burdens of the rule are not significant and the number of affected entities are limited. Accordingly, this document serves as notice to the Small Business Administration of the FTC's certification of no effect. To ensure the accuracy of this certification, however, the Commission requests comment on whether the proposed Rule will have a significant impact on a substantial number of small entities, including specific information on the number of entities that would be covered by the proposed Rule, the number of these companies that are small entities, and the average annual burden for each entity. Moreover, although the Commission certifies under the RFA that the rule proposed in this notice would not, if promulgated, have a significant impact on a substantial number of small entities, the Commission has determined, nonetheless, to publish an IRFA in order to inquire into the impact of the proposed Rule on small entities as follows: A. Description of the Reason That Action by the Agency Is Being Taken Section 324 of EISA requires the Commission to issue labeling rules for metal halide lamp products. EISA specifies the content of such labels. Also, the Federal Trade Commission is charged with enforcing the requirements of 42 U.S.C. 6294, which require the agency to issue this rule. B. Statement of the Objectives of, and Legal Basis for, the Proposed Rule The objective of the proposed Rule is to establish energy labeling requirements for metal halide lamp fixtures and ballasts. Section 324 of EISA requires the Commission to issue labeling rules for metal halide lamp products. EISA specifies the content of such labels. C. Small Entities To Which the Proposed Rule Will Apply Under the Small Business Size Standards issued by the Small Business Administration, lighting fixture manufacturers qualify as small businesses if they have fewer than 500 employees. As discussed in more detail in section IV of this Notice, the Commission estimates that only a small fraction of lamp fixture manufacturers (approximately 20 entities) produce metal halide lamp fixtures and ballasts. Even if most of these entities were small businesses, the number would not be substantial. The Commission also estimates that 200 catalog retailers (including Web site sellers) would have to comply with the new reporting requirements, most or all of which are probably small businesses. As with catalog sellers of fluorescent lamp ballasts under the current rule, catalog sellers of metal halide fixtures and ballasts would have to insert an encircled “E” in each description of metal halide lamp fixtures they offer for sale. We expect that the burden associated with such disclosures will be *de minimis* . The Commission seeks comment and information with regard to the estimated number or nature of small business entities for which the proposed Rule would have a significant economic impact. D. Projected Reporting, Recordkeeping, and Other Compliance Requirements The Commission recognizes that the proposed labeling rule will involve some increased costs for affected parties. Most of these costs will be in the form of redrafting information placed on packages and products and placing the required disclosure in paper and web-based catalogs. Specifically, the proposed amendments require that labels for metal halide lamp fixtures and ballasts, and point-of-sale promotional material for fixtures, disclose an ``E'' within a circle. Manufacturers already include information on packages and ballasts in the ordinary course of business. The Rule would require manufactures to reformat their labels one time to include the encircled ``E'' symbol. The proposed requirement that catalog sellers include the encircled ``E'' in their product descriptions would involve the same, one-time change to all of the metal halide lamp fixtures in the seller's catalog. Similarly, the Rule would contain standard reporting requirements for manufacturers to submit data that, in all likelihood, they already generate and disseminate during the normal course of business in catalogs and other disclosures. The Commission does not expect that there will be any significant legal, professional, or training costs to comply with the rule. The Commission does not expect that the labeling requirements will impose significant incremental costs for Web sites or other advertising. Thus, the Commission anticipates that, in total, the burdens imposed by the proposed amendment should not be significant on any particular entity. The Commission invites comment and information on these issues. E. Duplicative, Overlapping, or Conflicting Federal Rules The Commission has not identified any other federal statutes, rules, or policies that would duplicate, overlap, or conflict with the proposed Rule. The Commission invites comment and information on this issue. F. Significant Alternatives to the Proposed Rule The proposed amendments closely track the prescriptive requirements of the statute, and thus leave little room for significant alternatives to decrease the burden on regulated entities. Nevertheless, the Commission seeks comment and information on the need, if any, for alternative compliance methods that, consistent with the statutory requirements, would reduce the economic impact of the rule on small entities. Congress has specified due dates for the Rule's promulgation and its applicability to affected entities. Accordingly, the Commission has no discretion as to the timing of the Rule's implementation. If the comments filed in response to this notice identify small entities that are affected by the Rule, as well as alternative methods of compliance that would reduce the economic impact of the rule on such entities, the Commission will consider the feasibility of such alternatives and determine whether they should be incorporated into the Final Rule. VI. Proposed Rule Language List of Subjects in 16 CFR Part 305 Advertising, Energy conservation, Household appliances, Labeling, Reporting and recordkeeping requirements. For the reasons set out above, the Commission proposes the following amendments to 16 CFR part 305: PART 305—RULE CONCERNING DISCLOSURES REGARDING ENERGY CONSUMPTION AND WATER USE OF CERTAIN HOME APPLIANCES AND OTHER PRODUCTS REQUIRED UNDER THE ENERGY POLICY AND CONSERVATION ACT (``APPLIANCE LABELING RULE'') 1. The authority citation for part 305 continues to read as follows: Authority: 42 U.S.C. 6294. 2. In § 305.2, in paragraph (k)(2), add the phrase ``metal halide lamp fixtures,'' after the phrase ``fluorescent lamp ballasts,'' revise paragraph (l)(21), and add paragraph (l)(22) to read as follows: § 305.2 Definitions.
(l)* * *
(21)Metal halide lamp fixtures.
(22)Any other type of consumer product which the Department of Energy classifies as a covered product under section 322(b) of the Act (42 U.S.C. 6292). 3. In section 305.3, add paragraphs (s), (t), and
(u)to read as follows: § 305.3 Description of covered products.
(s)*Metal halide ballast* means a ballast used to start and operate metal halide lamps.
(t)*Metal halide lamp* means a high intensity discharge lamp in which the major portion of the light is produced by radiation of metal halides and their products of dissociation, possibly in combination with metallic vapors.
(u)*Metal halide lamp fixture* means a light fixture for general lighting application that is designed to be operated with a metal halide lamp and a ballast for a metal halide lamp and that is subject to and complies with Department of Energy efficiency standards issued pursuant to 42 U.S.C. 6295. 4. Section 305.8 is amended as follows: a. In paragraph (a)(1) of section 305.8, add the phrase ``metal halide lamp fixtures,'' after the phrase ``fluorescent lamp ballasts,''. b. Add paragraph (a)(5). c. Revise paragraph (b)(1) § 305.8 Submission of data.
(a)* * *
(5)Each manufacturer of a metal halide lamp fixture shall submit annually to the Commission a report for each basic model of metal halide lamp fixture in current production. The report shall contain the following information:
(i)Name and address of manufacturer;
(ii)All trade names under which the metal halide lamp fixture is marketed;
(iii)Model number;
(iv)Starting serial number, date code or other means of identifying the date of manufacture (date of manufacture information must be included with only the first submission for each basic model);
(v)Type of ballast ( *e.g.* , pulse, probe, or electronic);
(vi)Nominal input voltage and frequency;
(vii)Ballast efficiency; and
(viii)Lamp type and wattage (or range of wattages) with which the metal halide lamp fixture is designed to be used. (b)(1) All data required by 305.8(a) except serial numbers shall be submitted to the Commission annually, on or before the following dates: Product category Deadline for data submission Refrigerators Aug. 1 Refrigerator-freezers Aug. 1 Freezers Aug. 1 Central air conditioners July 1 Heat pumps July 1 Dishwashers June 1 Water heaters May 1 Room air conditioners May 1 Furnaces May 1 Pool heaters May 1 Clothes washers Oct. 1 Fluorescent lamp ballasts Mar. 1 Showerheads Mar. 1 Faucets Mar. 1 Water closets Mar. 1 Urinals Mar. 1 Metal halide lamp fixtures Mar. 1 Fluorescent lamps Mar. 1 [Stayed] Medium Base Compact Fluorescent Lamps Mar. 1 [Stayed] Incandescent Lamps, incl. Reflector Lamps Mar. 1 [Stayed] § 305.10 [Amended] 5. In paragraph
(a)of § 305.10, add the phrase ``metal halide lamp fixtures,'' after the phrase ``fluorescent lamp ballasts,''. 6. In § 305.15, add paragraph
(c)to read as follows: § 305.15 Labeling for lighting products.
(c)*Metal halide lamp fixtures and metal halide ballasts*
(1)*Contents.* Metal halide ballasts contained in a metal halide lamp fixture covered by this Part shall be marked conspicuously, in color-contrasting ink, with a capital letter ``E'' printed within a circle. Packaging for metal halide lamp fixtures covered by this Part shall also be marked conspicuously with a capital letter ``E'' printed within a circle. For purposes of this section, the encircled capital letter ``E'' will be deemed ``conspicuous,'' in terms of size, if it is as large as either the manufacturer's name or another logo, such as the ``UL,'' ``CBM'' or ``ETL'' logos, whichever is larger, that appears on the metal halide ballast, or the packaging for the metal halide lamp fixture, whichever is applicable for purposes of labeling.
(2)*Product Labeling.* The encircled capital letter ``E'' on metal halide ballasts must appear conspicuously, in color-contrasting ink ( *i.e.* , in a color that contrasts with the background on which the encircled capital letter ``E'' is placed) on the surface that is normally labeled. It may be printed on the label that normally appears on the metal halide ballast, printed on a separate label, or stamped indelibly on the surface of the metal halide ballast.
(3)*Package Labeling.* For purposes of labeling under this section, packaging for metal halide lamp fixtures consists of the plastic sheeting, or ``shrink-wrap,'' covering pallet loads of metal halide lamp fixtures as well as any containers in which such metal halide lamp fixtures are marketed individually or in small numbers. The encircled capital letter ``E'' on packages containing metal halide lamp fixtures must appear conspicuously, in color-contrasting ink, on the surface of the package on which printing or a label normally appears. If the package contains printing on more than one surface, the label must appear on the surface on which the product inside the package is described. The encircled capital letter ``E'' may be printed on the surface of the package, printed on a label containing other information, printed on a separate label, or indelibly stamped on the surface of the package. In the case of pallet loads containing metal halide lamp fixtures, the encircled capital letter ``E'' must appear conspicuously, in color-contrasting ink, on the plastic sheeting, unless clear plastic sheeting is used and the encircled capital letter ``E'' is legible underneath this packaging. The encircled capital letter ``E'' must also appear conspicuously on any documentation that would normally accompany such a pallet load. The encircled capital letter ``E'' may appear on a label affixed to the sheeting or may be indelibly stamped on the sheeting. It may be printed on the documentation, printed on a separate label that is affixed to the documentation or indelibly stamped on the documentation. 7. In paragraph (a)(1) of § 305.19, add the phrase ``metal halide lamp fixtures,'' after the phrase ``fluorescent lamp ballasts,'' and revise paragraph (a)(2) to read as follows: § 305.19 Promotional material displayed or distributed at point of sale.
(a)* * *
(2)Any manufacturer, distributor, retailer or private labeler who prepares printed material for display or distribution at point of sale concerning a covered product that is a fluorescent lamp ballast or metal halide lamp fixture to which standards are applicable under section 325 of the Act, shall disclose conspicuously in such printed material, in each description of such product, an encircled capital letter ``E''. 8. In paragraph
(a)of § 305.20, add the phrase ``metal halide lamp fixtures,'' after the phrase ``fluorescent lamp ballasts,'' and add paragraph
(e)to read as follows: § 305.20 Paper catalogs and Web sites.
(e)Any manufacturer, distributor, retailer, or private labeler who advertises metal halide lamp fixtures manufactured on or after January 1, 2009 in a catalog, from which they may be purchased by cash, charge account or credit terms, shall disclose conspicuously in such catalog, in each description of such metal halide lamp fixture, a capital letter ``E'' printed within a circle. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. E8-6566 Filed 3-31-08; 8:45 am] BILLING CODE 6750-01-P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 938 [PA-150-FOR; OSM-2008-0002] Pennsylvania Regulatory Program AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), Interior. ACTION: Proposed rule; removal of required amendment. SUMMARY: We are announcing receipt of a request to remove a required amendment to the Pennsylvania regulatory program (the “Pennsylvania program”) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). In response to a required program amendment codified in the Federal regulations at 30 CFR 938.16(uuu), Pennsylvania has submitted rationale that it believes supports its position that current program provisions are sufficient to render its program no less effective than the Federal requirements and, therefore, no amendment is necessary. The required amendment pertains to regulatory exemptions for coal extraction incidental to the extraction of other minerals. This document gives the times and locations that the Pennsylvania program and this request are available for your inspection, the comment period during which you may submit written comments, and the procedures that we will follow for the public hearing, if one is requested. DATES: We will accept written comments until 4 p.m., local time May 1, 2008. If requested, we will hold a public hearing on April 28, 2008. We will accept requests to speak at a hearing until 4 p.m., local time on April 16, 2008. ADDRESSES: You may submit comments by either of the following two methods: *Federal eRulemaking Portal: http://www.regulations.gov.* The proposed rule has been assigned Docket ID: OSM-2008-0002. If you would like to submit comments through the Federal eRulemaking Portal, go to *http://www.regulations.gov* and do the following. Click on the “Advanced Docket Search” button on the right side of the screen. Type in the Docket ID OSM-2008-0002 and click the “Submit” button at the bottom of the page. The next screen will display the Docket Search Results for the rulemaking. If you click on OSM-2008-0002, you can view the proposed rule and submit a comment. You can also view supporting material and any comments submitted by others. *Mail/Hand Delivery/Courier:* Mr. George Rieger, Chief, Pittsburgh Field Division, Office of Surface Mining Reclamation and Enforcement, 415 Market Street, Room 304, Harrisburg, PA 17101. *Instructions:* For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Comment Procedures” heading of the SUPPLEMENTARY INFORMATION section of this document. *Docket:* In addition to obtaining copies of documents at *http://www.regulations.gov,* information may also be obtained at the addresses listed below during normal business hours, Monday through Friday, excluding holidays. You may receive one free copy of the amendment by contacting OSM's Pittsburgh Field Division. Mr. George Rieger, Chief, Pittsburgh Field Division, Office of Surface Mining Reclamation and Enforcement, 415 Market Street, Room 304, Harrisburg, PA 17101,
(717)782-4036. E-mail: *grieger@osmre.gov.* Joseph P. Pizarchik, Director, Bureau of Mining and Reclamation, Pennsylvania Department of Environmental Protection, Rachel Carson State Office Building, P.O. Box 8461, Harrisburg, Pennsylvania 17105-8461, Telephone:
(717)787-5015. E-mail: *jpizarchik@state.pa.us* . FOR FURTHER INFORMATION CONTACT: Mr. George Rieger, Chief, Pittsburgh Field Division, Telephone:
(717)782-4036. E-mail: *grieger@osmre.gov.* SUPPLEMENTARY INFORMATION: I. Background on the Pennsylvania Program II. Description of the Request III. Public Comment Procedures IV. Procedural Determinations I. Background on the Pennsylvania Program Section 503(a) of the Act permits a State to assume primacy for the regulation of surface coal mining and reclamation operations on non-Federal and non-Indian lands within its borders by demonstrating that its program includes, among other things, “a State law which provides for the regulation of surface coal mining and reclamation operations in accordance with the requirements of this Act. * * *; and rules and regulations consistent with regulations issued by the Secretary pursuant to this Act.” See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the Secretary of the Interior conditionally approved the Pennsylvania program on July 30, 1982. You can find background information on the Pennsylvania program, including the Secretary's findings, the disposition of comments, and conditions of approval of the Pennsylvania program in the July 30, 1982, **Federal Register** (47 FR 33050). You can also find later actions concerning the Pennsylvania program and program amendments at 30 CFR 938.11, 938.12, 938.13, 938.15 and 938.16. II. Description of the Request By letter dated December 18, 2007 (Administrative Record Number PA 892.00), Pennsylvania sent us a response to a program amendment that was required by OSMRE in a final rule notice published in the **Federal Register** on November 7, 1997 (62 FR 60177) and codified in the Federal Regulations at 30 CFR 938.16(uuu). Pennsylvania states that it believes that current Pennsylvania program regulations are sufficient to render its program no less effective than the Federal requirements at 30 CFR 702.17(c)(2) and (c)(3), Exemption for Coal Extraction Incidental to the Extraction of Other Minerals and, therefore, a program amendment is not necessary. This required amendment provided that Pennsylvania submit an amendment to provide counterparts to the Federal regulations at 30 CFR 702.15(d), (e), (f), and 702.17(c)(2), and (c)(3). The Federal regulations pertain to
(1)conditions of exemption and right of inspection and entry; and
(2)revocation and enforcement. Pennsylvania submits that its regulatory program already contains counterparts to the Federal regulations and, therefore, is as effective as the Federal regulations pertaining to incidental coal extraction. Pennsylvania requests that we remove the condition found at 30 CFR 938.16(uuu) on this basis. In summary, the Federal regulations and PADEP rationale are provided as follows: *Federal Regulations: 30 CFR 702.15, Conditions of exemption and Right of Inspection and Entry,* provides the following with regard to exemptions for coal extraction incidental to the extraction of other minerals:
(d)Authorized representatives of the regulatory authority and the Secretary shall have the right to conduct inspections of operations claming exemption under this part.
(e)Each authorized representative of the regulatory authority and the Secretary conducting an inspection under this part:
(1)Shall have a right of entry to, upon, and through any mining and reclamation operations without advance notice or search warrant, upon presentation of appropriate credentials;
(2)May, at reasonable times and without delay, have access to and copy any records relevant to the exemption; and
(3)Shall have a right to gather physical and photographic evidence to document conditions, practices, or violations at a site.
(f)No search warrant shall be required with respect to any activity under paragraphs
(d)and
(e)of this section, except that a search warrant may be required for entry into a building. *PADEP Response:* OSM's review of 25 Pennsylvania Code (Pa Code) Section 86.5 in the 1997 rulemaking did not include a discussion of the need for 25 Pa Code Section 86.5 to be revised to add counterparts to the Federal regulations at 30 CFR 702.15(d), (e), and (f). Thus, it is not clear why OSM considered 25 Pa Code Section 86.5 to be less effective than the Federal regulations with respect to the right to conduct inspections and right of entry for operations extracting coal incidental to surface mining. Pennsylvania's non-coal mining regulations in 25 Pa Code Chapter 77, (which persons claiming exemption under 25 Pa Code Section 86.5 are subject to pursuant to 25 Pa Code Section 86.5(a)), provide counterparts to the Federal regulations at 30 CFR 702.15(d), (e), and (f). Furthermore, it provides broader authority to Pennsylvania's authorized representatives given that they may enter a building at a surface mine site for purposes of inspection or investigation without being required to obtain a search warrant. *Federal Regulations: 30 CFR 702.17(c)(2) and (c)(3), Revocation and Enforcement* , provides that: (c)(1) If the regulatory authority finds that an operator has not demonstrated that activities conducted in the mining area qualify for the exemption, the regulatory authority shall revoke the exemption and immediately notify the operator and intervenors. If a decision is made not to revoke an exemption, the regulatory authority shall immediately notify the operator and intervenors.
(2)Any adversely affected person may request administrative review of a decision whether to revoke an exemption within 30 days of the notification of such decision in accordance with procedures established under 43 CFR 4.1280 when OSM is the regulatory authority or under corresponding state procedures when a State is the regulatory authority.
(3)A petition for administrative review filed under 43 CFR 4.1280 or under corresponding State procedures shall not suspend the effect of a decision whether to revoke an exemption. *PADEP's Response:* OSM's required amendment at 30 CFR 938.16(uuu) with respect to Pennsylvania counterparts for 30 CFR 702.17(c)(2) and (c)(3) also was not discussed in the 1997 rulemaking. More importantly, this part of the required amendment actually conflicts with OSM's own findings in the 1997 rulemaking. In the 1997 rulemaking, OSM determined that 25 Pa Code Section 86.5(o) is identical in meaning to 30 CFR 702.17(c)(2); 25 Pa Code Section 86.5(o) is identical in meaning to 30 CFR 702.17(c)(2); and that 25 Pa Code Section 86.5(n) is identical in meaning to 30 CFR 702.17(c)(3). See **Federal Register** (62 FR 60169-70 and Table A). OSM then concluded: “Because the above proposed revisions (listed in Table A) are identical in meaning to the corresponding Federal regulations, the Director finds that Pennsylvania's proposed rules are no less effective than the Federal rules.” Thus, the portion of 30 CFR 938.16(uuu) pertaining to counterparts to 30 CFR 702.17(c)(2) and (c)(3) appears to be an error. In any event, Pennsylvania submits that statutory and regulation sections regarding the right of appeal to the Pennsylvania Environmental Hearing Board provide counterparts to 30 CFR 702.17(c)(2) and (c)(3). These sections are the Environmental Hearing Board
(EHB)Act at 35 Pennsylvania Statute 7511-7516; 25 Pa Code Chapter 1021 (EHB procedural rules); 25 Pa Code Section 1021.2 (defining “action” of the department), and Section 1021.51 (commencement of an appeal). Therefore, Pennsylvania submits that its regulatory program already contains counterparts to the Federal regulations at 30 CFR 702.17(c)(2) and (c)(3), which are as effective as the Federal regulations. III. Public Comment Procedures Under the provisions of 30 CFR 732.17(h), we are seeking your comments on whether the amendment satisfies the applicable program approval criteria of 30 CFR 732.15. If we approve the amendment, it will become part of the Pennsylvania program. Written Comments Send your written comments to OSM at the address given above. Your written comments should be specific, pertain only to the issues proposed in this rulemaking, and include explanations in support of your recommendations. We may not consider or respond to your comments when developing the final rule if they are received after the close of the comment period (see DATES ). We will make every attempt to log all comments into the administrative record, but comments delivered to an address other than the Pittsburgh Field Division identified above may not be logged in. Public Availability of Comments Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Public Hearing If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., local time on April 16, 2008. If you are disabled and need special accommodations to attend a public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT . We will arrange the location and time of the hearing with those persons requesting the hearing. If no one requests an opportunity to speak, we will not hold the hearing. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at a public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard. Public Meeting If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the submission, please request a meeting by contacting the person listed under FOR FURTHER INFORMATION CONTACT . All such meetings are open to the public and, if possible, we will post notices of meetings at the locations listed under ADDRESSES . We will make a written summary of each meeting a part of the administrative record. IV. Procedural Determinations Executive Order 12630—Takings This rule does not have takings implications. This determination is based on the analysis performed for the counterpart Federal regulations. Executive Order 12866—Regulatory Planning and Review This rule is exempted from review by the Office of Management and Budget
(OMB)under Executive Order 12866. Executive Order 12988—Civil Justice Reform The Department of the Interior has conducted the reviews required by Section 3 of Executive Order 12988 and has determined that, to the extent allowable by law, this rule meets the applicable standards of Subsections
(a)and
(b)of that Section. However, these standards are not applicable to the actual language of State regulatory programs and program amendments since each such program is drafted and promulgated by a specific State, not by OSM. Under Sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State regulatory programs and program amendments submitted by the States must be based solely on a determination of whether the submittal is consistent with SMCRA and its implementing Federal regulations and whether the other requirements of 30 CFR parts 730, 731, and 732 have been met. Executive Order 13132—Federalism This rule does not have Federalism implications. SMCRA delineates the roles of the Federal and State governments with regard to the regulation of surface coal mining and reclamation operations. One of the purposes of SMCRA is to “establish a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations.” Section 503(a)(1) of SMCRA requires that State laws regulating surface coal mining and reclamation operations be “in accordance with” the requirements of SMCRA. Section 503(a)(7) requires that State programs contain rules and regulations “consistent with” regulations issued by the Secretary pursuant to SMCRA. Executive Order 13175—Consultation and Coordination With Indian Tribal Governments In accordance with Executive Order 13175, we have evaluated the potential effects of this rule on Federally-recognized Indian tribes and have determined that the rule does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. The basis for this determination is that our decision is on a State regulatory program and does not involve a Federal program involving Indian lands. Executive Order 13211—Regulations That Significantly Affect The Supply, Distribution, or Use of Energy On May 18, 2001, the President issued Executive Order 13211 which requires agencies to prepare a Statement of Energy Effects for a rule that is
(1)considered significant under Executive Order 12866, and
(2)likely to have a significant adverse effect on the supply, distribution, or use of energy. Because this rule is exempt from review under Executive Order 12866 and is not expected to have a significant adverse effect on the supply, distribution, or use of energy, a Statement of Energy Effects is not required. National Environmental Policy Act Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a decision on a proposed State regulatory program provision does not constitute major Federal action within the meaning of Section 102(2)(C) of the National Environmental Policy Act (42 U.S.C. 4332(2)(c). A determination has been made that such decisions are categorically excluded from the NEPA process (516 DM 8.4.A). Paperwork Reduction Act This rule does not contain information collection requirements that require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 3507 *et seq.* ). Regulatory Flexibility Act The Department of the Interior has determined that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). In making the determination as to whether this rule would have a significant economic impact, the Department relied upon the analysis for the counterpart Federal regulations. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule:
(a)Does not have an annual effect on the economy of $100 million;
(b)Will not cause a major increase in costs or prices for consumers, individual industries, geographic regions, or Federal, State or local governmental agencies; and
(c)Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. This determination is based upon the fact that the State submittal, which is the subject of this rule, is based upon counterpart Federal regulations for which an analysis was prepared and a determination made that the Federal regulation was not considered a major rule. Unfunded Mandates This rule will not impose a cost of $100 million or more in any given year on any governmental entity or the private sector. List of Subjects in 30 CFR Part 938 Intergovernmental relations, Surface mining, Underground mining. Dated: February 29, 2008. Thomas D. Shope, Regional Director, Appalachian Region. [FR Doc. E8-6715 Filed 3-31-08; 8:45 am] BILLING CODE 4310-05-P DEPARTMENT OF DEFENSE Office of the Secretary [DOD-2007-HA-0048; RIN 0720-AB19] 32 CFR Part 199 TRICARE; Outpatient Hospital Prospective Payment System
(OPPS)AGENCY: Office of the Secretary, DoD. ACTION: Proposed rule. SUMMARY: This proposed rule implements a prospective payment system for hospital outpatient services similar to that furnished to Medicare beneficiaries, as set forth in section 1833(t) of the Social Security Act. The rule also recognizes applicable statutory requirements and changes arising from Medicare's continuing experience with this system including certain related provisions of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. The Department is publishing this rule to implement an existing statutory requirement for adoption of Medicare payment methods for institutional care which will ultimately provide incentives for hospitals to furnish outpatient services in an efficient and effective manner. DATES: Written comments received at the address indicated below by June 2, 2008 will be accepted. ADDRESSES: You may submit comments, identified by docket number and or Regulatory Information Number
(RIN)number and title, by either of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Mail:* Federal Docket Management System Office, 1160 Defense Pentagon, Washington, DC 20301-1160. *Instructions:* All submissions received must include the agency name and docket number or RIN for this **Federal Register** document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at *http://regulations.gov* as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: David E. Bennett, TRICARE Management Activity, Medical Benefits, and Reimbursement Systems, telephone
(303)676-3494. SUPPLEMENTARY INFORMATION: I. Introduction and Background The OPPS evolved out of Congressional mandates for replacement of Medicare's cost-based payment methodology with a prospective payment system (PPS). Medicare implemented OPPS for services furnished on or after August 1, 2000, with temporary transitional provisions to buffer the financial impact of the new prospective payment system (e.g., incorporating transitional pass-through adjustments and proportional reductions in beneficiary cost-sharing to lessen potential payment reductions experienced under the new OPPS). Congress likewise established enabling legislation under section 707 of the National Defense Authorization Act of Fiscal Year 2002 (NDAA-02), Public Law 107-107 (December 28, 2001) changing the statutory authorization [in 10 U.S.C. 1079(j)(2)] that TRICARE payment methods for institutional care shall be determined, to the extent practicable, in accordance with the same reimbursement rules used by Medicare. Similarly, under 10 U.S.C. 1079(h), the amount to be paid to health care professional and other non-institutional health care providers “shall be equal to an amount determined to be appropriate, to the extent practicable, in accordance with the same reimbursement rules used by Medicare”. Based on these statutory mandates, TRICARE is adopting Medicare's prospective payment system for reimbursement of hospital outpatient services currently in effect for the Medicare program as required under the Balanced Budget Act of 1997 (BBA 1997), (Pub. L. 105-33) which added section 1833(t) of the Social Security Act providing comprehensive provisions for establishment of a Medicare hospital OPPS. The Act required development of a classification system for covered outpatient services that consisted of groups arranged so that the services within each group were comparable clinically and with respect to the use of resources. The Act also described the method for determining the Medicare payment amount and beneficiary coinsurance amount for services covered under the outpatient PPS. This included the formula for calculating the conversion factor and data requirements for establishing relative payment weights. Centers for Medicare & Medicaid Services
(CMS)published a proposed rule in the **Federal Register** on September 8, 1998 (63 FR 47552) setting forth the proposed PPS for hospital outpatient services. On June 30, 1999, a correction notice was published (64 FR 35258) to correct a number of technical and typographical errors contained in the September 8, 1998 proposed rule. Subsequent to publication of the proposed rule, the Medicare, Medicaid, and State Child Health Insurance Program (SCHIP) Balanced Budget Refinement Act of 1999 (BBRA 1999) (Pub. L. 106-133) enacted on November 29, 1999, made major changes that affected the proposed Medicare OPPS. The following BBRA 1999 provisions were implemented in a final rule (65 FR 18434) published on April 7, 2000. • Made adjustments for covered services whose costs exceed a given threshold ( *i.e.* , an outlier payment). • Established transitional pass-through payments for certain medical devices, drugs, and biologicals. • Placed limitations on judicial review for determining outlier payments and the determination of additional payments for certain medical devices, drugs, and biologicals. • Included as covered outpatient services implantable prosthetics and durable medical equipment and diagnostic x-ray, laboratory, and other tests associated with those implantable items. • Limited the variation of costs of services within each payment classification group. • Required at least annual review of the groups, relative payment weights, and the wage and other adjustments to take into account changes in medical practice, the addition of new services, new cost data, and other relevant information or factors. • Established transitional corridors that would limit payment reductions under the hospital outpatient PPS. • Established hold harmless provisions for rural and cancer hospitals. • Provided that the coinsurance amount for a procedure performed in a year could not exceed the hospital inpatient deductible for the year. Section 1833(t) of the Social Security Act was subsequently amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act
(BIPA)of 2000 (Pub. L. 106-554) and the Medicare Prescription Drug, Improvement, and Modernization Act
(MMA)of 2003 (Pub. L. 108-173) making additional changes in the OPPS. As a prelude to implementation of the OPPS, Congress enacted the Omnibus Budget Reconciliation Act of 1986
(OBRA)(Pub. L. 99-509) which paved the way for development of a PPS for hospital outpatient services by prohibiting payment for non-physician services furnished to hospital patients (inpatients and outpatients), unless the services were furnished either directly or under arrangement with the hospital, except for services of physician assistants, nurse practitioners and clinical nurse specialists. Exceptions were also made for clinical diagnostic procedures, the payment of which may only be made to the person or entity that performed, or supervised the performance of, the test; and for exceptionally intensive hospital outpatient services provided to Skilled Nursing Facility
(SNF)residents that lie well beyond the scope of the care that SNFs would ordinarily furnish, and thus beyond the ordinary scope of the SNF care plan. Consolidated billing facilitated the payment of services included within the scope of each ambulatory payment classification (APC). The OBRA also mandated hospitals to report claims for services under the Healthcare Common Procedure Coding System (HCPCS) which enabled the identification of specific procedures and services used in the development of outpatient PPS rates. Ongoing changes and refinement to the OPPS have been accomplished through annual proposed and final rulemaking, along with interim transmittals and program memoranda taking into consideration changes in medical practice, addition of new services, new cost data, and other relevant information and factors. TRICARE will recognize to the extent practicable all applicable statutory requirements and changes arising from Medicare's continuing experience with this prospective payment system, including changes to the amounts and factors used to determine the payment rates for hospital outpatient services paid under the prospective payment system [e.g., annual recalibration (updating) of group weights and conversion factors and adjustments for area wage differences (wage index updates)]. The agency will adopt all of Medicare's CY 2008 OPPS changes published in the **Federal Register** on November 27, 2007, (72 FR 66580); e.g., extending the current packaging to include guidance services, image processing services, intraoperative services, imaging supervision and interpretation services, diagnostic radiopharmaceuticals, contrast agents, and observation services; and reduction of payments in cases where a hospital receives a substantial partial credit from the manufacturer toward the cost of a replacement device implanted in a procedure. While TRICARE intends to remain as true as possible to Medicare's basic OPPS methodology (i.e., adoption and updating of the Medicare data elements used to calculate the prospective payment amounts), there will be some deviations required to accommodate the uniqueness of the TRICARE program. These deviations have been designed to accommodate existing TRICARE benefit structure and claims processing procedures/systems implemented under the TRICARE Next Generation Contracts (T-NEX), while at the same time eliminating any undue financial burden to TRICARE Prime, Extra, and Standard beneficiary populations. Following is a brief discussion of each of these deviations: ○ *Outpatient Code Editor (OCE)* —The Medicare Outpatient Code Editor with APC program edits data to help identify possible errors in coding and assigns Ambulatory Payment Classification numbers based on HCPCS codes for payment under the OPPS. The OPPS APC is an outpatient equivalent of the inpatient Diagnosis Related Group (DRG)-based PPS. Like the inpatient system based on DRGs, each APC has a pre-established prospective payment amount associated with it. However, unlike the inpatient system that assigns a patient to a single DRG, multiple APCs can be assigned to one outpatient claim. If a patient has multiple outpatient services during a single visit, the total payment for the visit is computed as the sum of the individual payments for each service. Medicare provides updated versions of the OCE, along with installation and user manuals, to its fiscal intermediaries on a quarterly basis. The updated OCE reflects all new coding and editing changes during that quarter. It was found upon initial testing of the OCE that it could not be used in its present form given the fact that the extensive editing embedded in its software program was specific to Medicare's benefit structure and internal claims processing requirements. As a result, the Agency has developed a TRICARE-specific OCE which will better accommodate the benefit structure and claims processing systems currently in place under the T-NEX contracts. This modified software package will edit claims data for errors and indicate actions to be taken and reasons why the actions are necessary. This expanded functionality will facilitate the linkage between the action being taken, the reasons for the action, and the information on the claim that caused the action. The edits will be specific for TRICARE, ensuring compliance with current claims processing criteria. The OCE will also assign an APC number for each service covered under the OPPS and return information to be used as input to the TRICARE PRICER program. Like Medicare's OCE, the TRICARE-specific OCE will be updated on a quarterly basis incorporating, to the extent practicable, all Medicare changes/updates (i.e., those changes initiated through rulemaking and transmittals/program memoranda). Periodic updating of the TRICARE-specific OCE will ensure consistency and accuracy of claims processing and payment under the OPPS. ○ *Deductible and Cost-Sharing* —Medicare's OPPS coinsurance was initially frozen at 20 percent of the national median charge for the services within each APC (wage adjusted for the provider's geographic area) or 20 percent of the APC payment rate, whichever was greater (i.e., the coinsurance for an APC could not fall below 20 percent of the APC payment rate). This was designed so that, as the total payment to the provider increased each year based on market basket updates, the present or frozen coinsurance amount would become a smaller portion of the total payment until the coinsurance represented 20 percent of the total. Once the coinsurance became 20 percent of the payment amount, annual updates would be applied to the coinsurance so that it would continue to account for 20 percent of the total charge. Wage adjusted coinsurance amounts were further limited by the Medicare inpatient deductible. Subsequent legislation has accelerated the reduction of beneficiary copayment amounts by imposing prescribed percentage limitations off of the APC payment rate. For example, for all services paid under the OPPS in CY 2005, the national unadjusted copayment amount cannot exceed 45 percent of the APC rate. Accelerated reductions were imposed specifically for those APC groups for which coinsurance represented a relatively high proportion of the total payment. A program payment percentage is calculated for each APC by subtracting the unadjusted national coinsurance amount for the APC from the unadjusted payment rate and dividing the result by the unadjusted payment rate. The payment rate for each APC group is the basis for determining the total payment (subject to wage-index adjustment) that a hospital will receive from the beneficiary and the Medicare program. Since imposition of Medicare's unadjusted national coinsurance amounts would have an adverse financial impact on TRICARE beneficiaries (i.e., imposition of significantly higher cost-sharing for Prime beneficiaries), the Agency has opted to use the following hospital outpatient deductible and cost-sharing/copayments currently being applied in Tables 1 and 2 below for Prime, Extra, and Standard TRICARE programs for hospital outpatient services: Table 1.—Hospital Outpatient Deductibles TRICARE programs Active duty family members E1-E4 E5 & above Retirees, their family members & survivors Prime None None None. Extra $50 per Individual $150 per Individual $150 per Individual. $100 Maximum per family $300 Maximum per family $300 Maximum per family. Standard $50 per Individual $150 per Individual $150 per Individual. $100 Maximum per family $300 Maximum per family $300 Maximum per family. Table 2.—Hospital Outpatient Copayments/Cost-Sharing Type of service TRICARE prime program Active duty family member E1-E4 E5 & above Retirees, their family members & survivors TRICARE extra program TRICARE standard program Hospital Outpatient Departments: Clinic visits; therapy visits; treatment rooms, etc Emergency Services: Emergency and urgently needed care obtained in hospital emergency room $0 copayment per visit. $0 copayment per visit. $0 copayment per visit. $0 copayment per visit. $12 copayment per visit. $30 copayment per emergency room visit. Active Duty Family Members: Cost-share—15% of fee negotiated by contractor Retirees, Their Family Members & Survivors: Cost-share—20% of the fee negotiated by the contractor Active Duty Family Members: Cost-share—20% of the allowable charge. Retirees, Their Family Members & Survivors: Cost-share—25% of the allowable charge. Ambulatory Surgery (same day): Hospital-based ambulatory surgical center Birthing Centers Prenatal care, outpatient delivery, and postnatal care provided in hospital-based birthing center $0 copayment per visit. $0 copayment per visit. $0 copayment per visit. $0 copayment per visit. $25 copayment No separate copayment/cost-share for separately billed professional charges. $25 copayment ADFMs: Cost-share—$25 Retirees, Their Family Members & Survivors: Cost-share—20% of the institutional fee negotiated by the contractor. ADFMs: Cost-share—$25. Retirees, Their Family Members & Survivors: Lesser of 25% of group rate or 25% of billed charge. Partial Hospitalization Programs (PHPs): Mental health services provided in authorized hospital-based PHP $0 copayment per visit. $0 copayment per visit. 40 per diem charge No separate copayment/cost-share for separately billed professional charges ADFMs: $20 per diem charge Retirees, Their Family Members & Survivors: Cost-share—20% of the TRICARE allowed amount ADFMs: $20 per diem charge. Retirees, Their Family Members & Survivors: Cost-share—25% of the TRICARE allowed amount. ○ *Hold-Harmless Protection* —Since the inception of the Medicare OPPS, providers have been eligible to receive additional transitional outpatient payments
(TOPs)if the payments they received under the OPPS were less than the payments they could have received for the same services under the payment system in effect before the OPPS. Prior to January 1, 2004, most hospitals that realized lower payments under OPPS received transitional corridor payments based on a percent of the decreased payments, with the exception of cancer hospitals, children's hospitals and rural hospitals having 100 or fewer beds which were held harmless under this provision and paid the full amount of the decrease in payment under the OPPS. Since transitional corridor payments were intended to be temporary payments to ease the provider's transition from a prior cost-based payment system to a prospective payments system, they were terminated as of January 1, 2004, with the exception of cancer and children's hospitals which were held harmless permanently under transitional corridor provisions of the statute (section 1833(t)(7) of the Social Security Act). The authority for making transitional corridor payments under section 1833(t)(7)(D)(i) of the Act, as amended by section 411 Public Law 108-173, expired for rural hospitals having 100 or fewer beds, and sole community hospitals
(SCHs)located in rural areas as of December 31, 2005. However, subsequent legislation (Section 5105 of Pub. L. 109-171) reinstituted the hold-harmless transitional outpatient payments
(TOPs)for covered OPD services furnished on or after January 1, 2006, and before January 1, 2009, for rural hospitals having 100 or fewer beds that are not SCHs. This provision provided an increased payment for such hospitals for outpatient services if the OPPS payment they received was less than the pre-BBA payment amount (i.e., the amount that was received prior to implementation of OPPS) that they would have received for the same covered service. When the OPPS payment is less than the payment the provider would have received prior to OPPS implementation, the amount of payment is increased by 90 percent of the amount of that difference for CY 2007, and by 85 percent of the amount of the difference for CY 2008. The amount of payment under section 1833(t)(13)(B) of the Act, as amended by section 411 of Public Law 108-73, also provided a payment increase for rural SCHs of 7.1 percent for all services and procedures paid under the OPPS, excluding drugs, biologicals, brachytherapy seeds and services paid under pass-through payments effective January 1, 2006, if justified by a study of the difference in costs for rural SCHs, which include Medicare essential access community hospitals or EACHs. While the Agency adopted the hold-harmless TOPs for rural hospitals having 100 or fewer beds and SCHs, it opted to totally exempt cancer and children's hospitals from the OPPS in lieu of imposing the hold-harmless provision, given the administrative complexity of capturing the data required for payment of monthly interim TOP amounts. TOPs would require a comparison of what would have been paid [i.e., billed charges and CHAMPUS Maximum Allowable Charge
(CMAC)amounts] prior to implementation of the OPPS for hospital outpatient services to those amounts actually paid under the OPPS for the same services. A TOP would be allowed in addition to the OPPS amount if payment to a cancer or children's hospital was lower than the amount that would have been paid prior to implementation of the OPPS. Since transitional corridor payments were specifically designed to supplement the losses experienced under the OPPS (i.e., to pay for services at the full amount that would have been allowed prior to implementation of the OPPS), and most, if not all, outpatient services paid at a billed or CMAC would exceed the OPPS amount, the program cannot justify the administrative burden/expense of maintaining the hold-harmless provisions for cancer and children's hospitals. As a result, TRICARE will continue to reimburse cancer and children's hospitals on a fee-for-services basis using billed charges and CMAC rates; i.e., they will be excluded altogether from the OPPS. Adoption of the Medicare OPPS has also highlighted other policy considerations which must be addressed in order to accommodate preexisting authorization criteria and reimbursement systems. Following are these identified policy considerations and prescribed resolutions: ○ *Partial Hospitalization Programs (PHP)* —Currently, TRICARE coverage extends to both full- and half-day psychiatric partial hospitalization services furnished by TRICARE-authorized partial psychiatric hospitalization programs and authorized mental health providers for the active treatment of a mental disorder. Each psychiatric partial hospitalization program must be either a distinct part of an otherwise authorized institutional provider or a freestanding program certified pursuant to TRICARE certification standards; i.e., the facility must be accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) under the current edition of the Accreditation Manual for Mental Health, Chemical Dependency, and Mental Retardation/Developmental Disabilities Services and meet all other requirements as prescribed under 32 CFR 199.6(b)(4)(xii)(A) through (D). These authorized and participating partial hospitalization programs are paid a percentage off of the average inpatient per diem amount per case to both high- and low-volume psychiatric hospitals. Full-day partial hospitalization programs (minimum of 6 hours) receive 40 percent of the average inpatient per diem, while partial hospitalization programs with less than 6 hours (with a minimum of three hours) will be paid a per diem of 75 percent of the rate for full-day partial hospitalization programs. Although the prescribed payment methodology for PHP under OPPS is similar to that currently being used (i.e., payment under a per diem recognizing the provider's overhead costs and support staff), there are subtle differences in that OPPS' all-inclusive per diems represent actual median costs of furnishing a day of partial hospitalization while per diems under the existing TRICARE system as prescribed under 32 CFR 199.14(a)(2)(ix) are extrapolated from inpatient costs based on the intensity of the program (i.e., dependent on whether it is classified as a full- or half-day program). Another notable difference between the two programs is the continuation of reimbursement of half-day PHPs (≥ to 3 hrs. but < 6 hrs.) under TRICARE which are currently not recognized for payment under the Medicare OPPS (i.e., Medicare has not established a separate APC for half-day PHPs which can be used for reimbursement under the TRICARE OPPS). This deviation from the Medicare PHP required the establishment of an additional APC, the per diem of which was set at 75 percent of the unadjusted full-day PHP APC amount (i.e., 75 percent of the APC 0033 amount of $234.73, equaling $176.05 for CY 2007). This will ensure continued coverage of a well established mental health treatment modality (half-day PHP) which has been in place under TRICARE for over a decade. The above-established per diems reflect the structure and scheduling of PHPs, and the composition of the PHP APC consists of the cost of all services provided each day. Although there is a requirement that each PHP day include a psychotherapy service, there is no specification regarding the specific mix of other services furnished within the day. The TRICARE criteria under which PHP services may be rendered are different than Medicare's—both with regard to the need for PHP services and facility requirements. Currently, Medicare OPPS partial hospitalization services may be provided to patients in lieu of inpatient psychiatric care in hospital outpatient departments or Medicare-certified community mental health centers (CMHCs). The Agency has opted to retain the existing mental health review criteria under 32 CFR 199.4(b)(10) in order to ensure the continued level and quality of mental health care afforded under the basic program. Following are the TRICARE review criteria for determining the medical necessity of psychiatric partial hospitalization services: • The patient is suffering significant impairment from a mental disorder (as defined in § 199.2) which interferes with age appropriate functioning. • The patient is unable to maintain himself or herself in the community, with appropriate support, at a sufficient level of functioning to permit an adequate course of therapy exclusively on an outpatient basis (but is able, with appropriate support, to maintain a basic level of functioning to permit partial hospitalization services and presents no substantial imminent risk of harm to self or others). • The patient is in need of crisis stabilization, treatment of partially stabilized mental health disorders, or services as a transition from an inpatient program. • The admission into the partial hospitalization program is based on the development of an individualized diagnosis and treatment plan expected to be effective for the patient and permit treatment at a less intensive level. Based on existing mental health review criteria under 32 CFR 199.4(b)(10) and certification requirements prescribed under 32 CFR 199.6(b)(4)(xii)(A), including accreditation by the JCAHO, under the current edition of the Accreditation Manual for Mental Health, Chemical Dependency, and Mental Retardation/Developmental Disabilities Services, not all hospital-based PHPs will be assured of receiving payment under the OPPS unless they meet the above prescribed certification requirements and enter into a participation agreement with TRICARE. CMHC PHPs have been excluded from payment under the TRICARE OPPS since CMHCs are not recognized as authorized providers under the TRICARE program. While the authorization standards under 32 CFR 199.6(b)(4)(xii)(A) through
(D)will be retained/applied for both hospital-based and freestanding PHPs currently recognized under the Program, including the requirement for a written participation agreement with TRICARE, freestanding PHPs will be exempt from OPPS and will continue to be reimbursed under the old TRICARE PHP per diem system as prescribed under 32 CFR 199.14(a)(2)(ix), subject to their own unique mental health copayment/cost-sharing provisions. ○ *Ambulatory Surgery Procedures* —Currently, ambulatory surgery procedures provided in both freestanding ambulatory surgery centers
(ASCs)and hospital outpatient departments or emergency rooms are paid using prospectively determined rates established on a cost basis and divided into eleven groups as prescribed under 32 CFR 199.14(d). These payment groups are further adjusted for area labor costs based on Metropolitan Statistical Areas (MSAs). The payment rates established under this system apply only to facility charges for ambulatory surgery (e.g., standard overhead amounts that include, but are not limited to, nursing and technician services, use of the facility and supplies and equipment directly related to the surgical procedure) and do not include such items as physician's fees, laboratory, X-rays or diagnostic procedures (other than those directly related to the performance of the surgical procedure), prosthetics and durable medical equipment for use in the patient's home. Ambulatory surgery procedures (both provided in hospital-based and freestanding ambulatory surgery centers) are subject to their own unique copayment/cost-sharing provisions under the current TRICARE ambulatory surgery benefit. With implementation of the OPPS, hospital-based ambulatory surgery procedures will no longer be reimbursed under the original eleven tier payment system, but will instead be paid on a rate-per-service basis that varies according to the APC group to which the surgical procedure is assigned. The relative weight of the APC group will represent the median hospital cost of the services included in the APC relative to the median cost of services included in APC 0606, Level 3 Clinic Visit. The prospective payment rate for each APC will be calculated by multiplying the APC's relative weight by a nationally established conversion factor and adjusting it for geographic wage differences. The APC payment will be subject to the deductible and cost-sharing/copayment amounts currently being applied under Prime, Extra, and Standard TRICARE programs for hospital outpatient services. Denial of Medicare inpatient procedures will also be adhered to under the OPPS (i.e., denial of inpatient surgical procedures performed in a hospital outpatient setting) except for those inpatient procedures, which upon medical review, could be safely and efficaciously rendered in an outpatient setting due to TRICARE's younger, healthier beneficiary population. Exceptions to Medicare's inpatient surgical procedure listing were based in major part to standardized utilization management review criteria, (i.e., Interqual and Milliman), used by TRICARE Managed Care Support Contractors' medical review staff. TRICARE-specific APCs will be developed for these designated inpatient procedures based on median costs from the most recent 12 months of claims history. OPPS reimbursement will also be extended for an inpatient procedure performed to resuscitate or stabilize a patient with an emergent, life-threatening condition who dies before being admitted as a patient, which in this case, will be paid under a new technology APC. Freestanding ASCs will be exempt from OPPS and will continue to be paid under the existing eleven tier payment system. ASC procedures will be placed into one of ten groups by their median per procedure cost, starting with $0 to $299 for Group 1, and ending with $1,000 to $1,299 for Group 9 and $1,300 and above for Group 10, subject to their own unique copayment/cost-sharing provisions under the TRICARE freestanding ambulatory surgery benefit. The eleventh payment tier/group was added to the ASC reimbursement system as of November 1, 1998, for extracorporeal shock wave lithotripsy, with a rate established off of the inpatient Diagnostic Related Group
(DRG)323 which is currently $3,289. ○ *Birthing Centers* —As described in 32 CFR 199.6(b)(4)(xi), a birthing center is a freestanding or institution-affiliated outpatient maternity care program which principally provides a planned course of outpatient prenatal care and outpatient childbirth services limited to low-risk pregnancies. These all-inclusive maternity and childbirth services are currently being reimbursed in accordance with 32 CFR 199.14(e) at the lower of the TRICARE established all-inclusive rate or the billed charge. The all-inclusive rate includes laboratory studies, prenatal management, labor management, delivery, post-partum management, newborn care, birth assistant, certified nurse-midwife professional services, physician professional services, and the use of the facility to the extent that they are usually associated with a normal pregnancy and childbirth. Since institutional-affiliated maternity centers will continue to be reimbursed under the TRICARE maximum allowable birthing center all-inclusive rate methodology as prescribed under 32 CFR 199.14(e), payment will be equal to the sum of the Class 3 CMAC for total obstetrical care for a normal pregnancy and delivery (CPT code 59400) and the TMA supplied non-professional component amount, which includes both the technical and professional components of tests usually associated with a normal pregnancy and childbirth. As a result, hospital-based birthing centers will continue to be reimbursed the same as freestanding birthing centers except that updating of the hospital-based all inclusive rate, consisting of the CMAC for procedure code 59400 (Birthing Center, all-inclusive charge, complete) and the state specific non-professional component, will lag two months behind the freestanding birthing center all-inclusive update; i.e., the freestanding birthing center all-inclusive rate components will usually be updated on February 1 of each year to coincide with the annual CMAC file update, followed by the hospital-based birthing center all-inclusive rate component updates on April 1 of the same year. ○ *Observation Stays* —Observation Services are those services furnished on a hospital's premises, including the use of a bed and periodic monitoring by a hospital's staff, which are reasonable and necessary to evaluate an outpatient's condition or to determine the need for a possible admission to the hospital as an inpatient. Under Medicare, prior to CY 2008, a hospital may receive separate APC payments for observation services for patients having diagnoses of chest pain, asthma, or congestive heart failure, when billed in conjunction with an evaluation and management visit for a minimum of 8 hours. Since these qualifying diagnoses would greatly restrict separate payment of observation stays currently being reimbursed based solely on medical necessity, they are being expanded to accommodate the special needs of unique TRICARE beneficiary populations (e.g., separate payment for maternity observations stays). Separate payment of maternity observation stays required the modification of the existing conditional criteria for separate payment of observation stays associated with pain, asthma or congestive heart failure. Under the TRICARE OPPS, additional hospital services (e.g., separate emergency room visit or clinic visit) will not be required on a claim with a maternity diagnosis in order to receive separate payment for an observation stay. The minimum time requirements have also been reduced from 8 to 4 hours to ensure maximum coverage of medically necessary maternity observation stays. ○ *End-State Renal Disease
(ESRD)Dialysis Services* —In accordance with sections 1881(b)(2) and (b)(7) of the Social Security Act, a facility that furnishes dialysis services to Medicare patients with ESRD is paid a prospectively determined rate for each dialysis treatment furnished. The rate is a composite that includes all costs associated with furnishing dialysis services except for the costs of physician services and certain laboratory tests and drugs that are billed separately. CMS has exercised the authority granted under section 1833(t)(1)(B)(i) to exclude from the outpatient PPS those services for patients with ESRD that are paid under the ESRD composite rate. Since TRICARE does not have a comparable composite rate in effect for payment of ESRD services, they will be reimbursed under TRICARE's OPPS. II. Treatment Settings Subject to Outpatient Prospective Payment System The outpatient prospective payment system is applicable to any hospital participating in the Medicare program except for Critical Access Hospitals (CAHs), Indian Health Service hospitals, certain hospitals in Maryland that qualify for payment under the state's cost containment waiver, and hospitals located outside one of the 50 states, the District of Columbia and Puerto Rico and specialty care providers which include:
(1)Cancer and children's hospitals;
(2)freestanding ASCs;
(3)freestanding Partial Hospitalization Programs (PHPs);
(4)freestanding psychiatric and Substance Use Disorder Rehabilitation Facilities (SUDRFs);
(5)Comprehensive Outpatient Rehabilitation Facilities (CORFs);
(6)Home Health Agencies (HHAs);
(7)hospice programs;
(8)other corporate services providers (e.g., freestanding cardiac catheterization centers, freestanding sleep diagnostic centers, and freestanding hyperbaric oxygen treatment centers);
(9)freestanding birthing centers;
(10)VA hospitals; and
(11)freestanding ESRD centers. Due to their inability to meet the more stringent requirements imposed for hospital-based and freestanding PHPs under the Program, CMHCs have also been excluded from payment under OPPS for partial hospitalization program
(PHP)services since they are not recognized as authorized providers under the TRICARE program. An outpatient department, remote location hospital, satellite facility, or other provider-based entity must also be either created by, or acquired by, a main provider (hospital qualifying for payment under OPPS) for the purpose of furnishing health care services of the same type as those furnished by the main provider under the name, ownership, and financial administrative control of the main provider, in accordance with the following requirements under 42 CFR § 413.65 (Medicare Regulation) in order to qualify for payment under the OPPS: • *Licensure* —The outpatient department, remote location hospital, or the satellite facility and the main hospital are operated under the same license, except in areas where the State requires a separate license for the department of the provider. • *Clinical integration* —Professional staff of the outpatient department, remote location hospital or satellite facility are monitored by, and have clinical privileges at the main hospital. The medical director of the outpatient facility must also maintain a reporting relationship with the chief medical officer at the main hospital that has the same frequency, intensity and level of accountability that exists in the relationship between other departmental medical directors and the chief medical officer of the main hospital. Medical records for patients treated in the facility or organization must be integrated into a unified retrieval system (or cross reference) of the main hospital and there must be full access to all services provided at the main hospital for patients treated in the outpatient facility requiring further care. • *Financial integration* . The financial operation of the outpatient facility must be fully integrated within the financial system of the main hospital, as evidenced by shared income and expenses between the main hospital and outpatient facility. • *Public awareness* . The outpatient department, remote location hospital, or a satellite facility is held out to the public and other payers as part of the main provider. When patients enter the outpatient facility they are aware that they are entering the main provider and are billed accordingly. Having clear criteria for provider-based status is important because this designation can result in additional TRICARE payments for services at the provider-based facility (i.e., the incorporation of additional facility costs for covered outpatient services/procedures). TRICARE will accept the providers' determination on whether they meet the regulatory criteria for provider-based status for purposes of seeking reimbursement under the TRICARE OPPS. III. Application of Ambulatory Payment Classification
(APC)Model Payment for services under the OPPS is based on grouping outpatient services into APC groups in accordance with provisions outlined in section 1833(t) of the Social Security Act and its implementing regulation 42 CFR Part 419. This grouping is accommodated through the reporting of HCPCS codes and descriptors that are used to group homogenous services (both clinically and in terms of resource consumption) into their respective APC groups. During the development of the hospital OPPS it was recognized that certain hospital outpatient services were being paid based on fee schedules or other prospectively determined rates that were being applied across other ambulatory care settings. As a result, the following services were excluded from the OPPS in order to achieve consistency of payment across different service delivery sites:
(1)Physician services;
(2)nurse practitioner and clinical nurse specialist services;
(3)physician assistant services;
(4)certified nurse-midwife services;
(5)services of a qualified psychologist;
(6)clinical social worker services, except under half- and full-day partial hospitalization programs in which the services are included within the per diem payment amount;
(7)services of an anesthetist;
(8)screening and diagnostic mammographies;
(9)clinical diagnostic services;
(10)non-implantable DME, orthotics, prosthetics, and prosthetic devices and supplies;
(11)hospital outpatient services furnished to SNF inpatients as part of their comprehensive care plan;
(12)physical therapy;
(13)speech-language pathology;
(14)occupational therapy;
(15)influenza and pneumococcal pneumonia vaccines;
(16)take-home surgical dressings;
(17)services and procedures designated as requiring inpatient care; and
(18)ambulance services. These services will continue to be reimbursed under the current CMAC fee schedule or other TRICARE-recognized allowable charge methodology ( *e.g.* , statewide prevailings). The remaining outpatient procedures which were not being paid under current fee schedules or other prospectively determined rates were grouped under an APC based on the following criteria: • *Resource Homogeneity* —The amount and type of facility resources (for example, operating room, medical supplies, and equipment) that are used to furnish or perform the individual procedures or services within each APC group should be homogeneous. That is, the resources used are relatively constant across all procedures or services even though resources used may vary somewhat among individual patients. • *Clinical Homogeneity* —The definition of each APC should be “clinically meaningful.” That is, the procedures or services included within the APC group relate generally to a common organ system or etiology, have the same degree of extensiveness, and utilize the same method of treatment. • *Provider Concentration* —The degree of provider concentration associated with the individual services that comprise the APC is considered. If a particular service is offered only in a limited number of hospitals, then the impact of payment for the services is concentrated in a subset of hospitals. Therefore, it is important to have an accurate payment level for services with a high degree of provider concentration. Conversely, the accuracy of payment levels for services that are routinely offered by most hospitals does not bias the payment system against any subset of hospitals. • *Frequency of Service* —Unless there is a high degree of provider concentration, creating separate APC groups for services that are infrequently performed is avoided. Since it is difficult to establish reliable payment rates for low-volume groups, HCPCS codes are assigned to an APC that is most similar in terms of resource use and clinical coherence. • *Minimal Opportunities for Upcoding and Code Fragmentation* —The APC system is intended to discourage using a code in a higher paying group to define the care. That is, putting two related codes such as the codes for excising a lesion for 1.1 cm and one of 1.0 cm, in different APC groups may create an incentive to exaggerate the size of the lesions in order to justify the incrementally higher payment. APC groups based on subtle distinctions would be susceptible to this kind of coding. Therefore, APC groups were kept as broad and inclusive as possible without sacrificing resource or clinical homogeneity. These procedures, along with their specific HCPCS coding and descriptors, were used to identify and group services within each established APC group. They included:
(1)Surgical procedures (including hospital-based ASC procedures currently being paid under the eleven tier ASC payment methodology);
(2)radiology, including radiation therapy;
(3)clinic visits;
(4)emergency department visits;
(5)diagnostic services and other diagnostic tests;
(6)partial hospitalization for the mentally ill;
(7)surgical pathology;
(8)cancer therapy;
(9)implantable medical items (e.g., prosthetic implants, implantable DME and implantable items used in performing diagnostic x-rays and laboratory tests);
(10)specific hospital outpatient services furnished to a beneficiary who is admitted to a SNF, but in which case the services are beyond the scope of SNF comprehensive care plans;
(11)certain preventive services, such as colorectal cancer screening;
(12)acute dialysis (e.g., dialysis for poisoning); and
(13)ESRD services. These hospital outpatient procedures will be paid on a rate-per-service basis that varies according to the APC group to which they are assigned. In accordance with section 1833(t)(2) of the Social Security Act, services and items within an APC group cannot be considered comparable with respect to the use of resources in the APC group if the highest median cost is more than 2 times the lowest median cost for an item or service within the same group (referred to a the “2 times rule”). Exceptions may be granted in unusual cases, such as low-volume items and services. IV. Packaging and Special Payment Provisions Under OPPS The prospective payment system establishes a national payment rate, standardized for geographic wage differences, that includes operating and capital-related costs that are directly related and integral to performing a procedure or furnishing a service on an outpatient basis, which has ultimately resulted in the establishment of distinct groups of surgical, diagnostic, and partial hospitalization services, as well as medical visits. No separate payment is made for packaged services, because the cost of these items is included in the APC payment for the service of which they are an integral part. These costs include, but are not limited to:
(1)Use of operating suite;
(2)use of procedure room or treatment room;
(3)use of recovery room or area;
(4)use of an observation bed;
(5)anesthesia, along with supplies and equipment for administering and monitoring anesthesia or sedation;
(6)certain drugs, biologicals, and other pharmaceuticals;
(7)medical and surgical supplies;
(8)surgical dressings;
(9)devices used for external reduction of fractures and dislocations;
(10)intraocular lenses (IOLs);
(11)capital related costs;
(12)costs incurred to procure donor tissue other than corneal tissue;
(13)incidental services such as venipuncture;
(14)implantable items used in connection with diagnostic laboratory tests, and other diagnostics; and
(15)implantable prosthetic devices (other than dental) which replace all or part of an internal body organ (including colostomy bags and supplies directly related to colostomy care), including replacement of these devices. Payments for packaged services under the OPPS are bundled into the payment providers receive for separately payable services provided on the same day and are identified by the status indicator
(SI)“N” (unconditionally packaged) or SI “Q” (conditionally packaged). Hospitals include charges for packaged services on their claims, and the costs associated with these packaged services are bundled into the costs for separately payable procedures in calculating their payment rates. The following criteria are used in determining whether procedures should be packaged:
(1)Whether the service is normally provided separately or in conjunction with other services;
(2)how likely it is for the costs of the packaged code to be appropriately mapped to the separately payable codes with which it was performed;
(3)whether the APC payment to which the services were packaged will offset the hospital's actual costs; and
(4)whether the expected cost of the service is relatively low. Special logic has also been programmed into the OCE which will have the OPPS PRICER automatically assign payment for a special packaged service reported on a claim if there were no other services separately payable under the OPPS claim for the same date. A new status indicator “Q” will be assigned to these special packaged codes to indicate that they are usually packaged, except for special circumstances when they are separately payable. Based on the above packaging criteria, it was determined that certain other expensive items and services which were otherwise considered an integral part of another procedure should not be packaged within that procedure's APC payment rate, since the resulting payment would not offset the costs of those items and services. This could have a potentially negative impact, thereby jeopardizing access to these items and services in a hospital outpatient setting. As a result, the costs associated with these items and services were not packaged within the APC of the primary procedure with which they were normally associated. Instead, separate APCs were developed for payment of these items and services under the following payment provisions: ○ *Transitional Pass-Through for Additional Costs of Drugs, Biologicals, and Radiopharmaceuticals.* Although the costs of drugs, biologicals and pharmaceuticals are generally packaged into the APC payment rate for the primary procedure or treatment with which the drugs are usually furnished, there are special temporary additional payments or “transitional pass-through payments” available under section 1833(t)(6) of the Social Security Act for at least two years, but not more than three years for the following drugs and biologicals:
(1)Current orphan drugs, as designated under section 526 of the Federal Food, Drugs, and Cosmetics Act;
(2)current drugs and biological agents used for treatment of cancer;
(3)current radiopharmaceutical drugs and biological products; and
(4)new drugs and biologic agents in instances where the item was not being paid as a hospital outpatient service as of December 31, 1996, and where the cost of the item is “not insignificant” in relation to the hospital OPPS payment amount. Section 1833(t)(6)(D)(i) of the Social Security Act sets the payment rate for pass-through eligible drugs as amounts determined under section 1842(o) of the Act. Section 1847A of the Act establishes the use of average sales price
(ASP)methodology (i.e., 106 percent of the ASP which is the rate equivalent to the payment that would be received in a physician office setting) as the basis for payment for drugs and biologicals described in section 1842(o)(1)(C) of the Act. Section 1883(t)(6)(D)(i) also states if a drug or biological is covered under a competitive acquisition contract under section 1847B of the Act, the payment rate is equal to the average price for the drug or biologicals for all competitive acquisition areas. Thus, drugs and biologicals with pass-through status in CY 2007 will receive payment consistent with the provision of section 1842(o) of the Act, at a rate that is equivalent to the payment they would receive in a physician office setting (106 percent of the ASP) or the rate that would be paid under the competitive acquisitions program, while pass-through radiopharmaceuticals will be paid the hospital's charge for the radiopharmaceutical adjusted to the cost using the hospital's overall cost-to-charge ratio (CCR). ○ *Packaging and Payment for Drugs, Biologicals and Radiopharmaceuticals Without Pass-Through Status.* Drugs, biologicals, and radiopharmaceuticals that do not have pass-through status are paid in one of two ways: either packaged into the APC payment rate for the procedure or treatment with which the products are usually furnished, or separately based on a packaging threshold which has been set at $55 for CY 2007. Therefore, for CY 2007 and beyond, drugs, biologicals and radiopharmaceuticals that are not new and do not have pass-through status will be packaged if their calculated per-day cost is less than $55 for CY 2007 or less than the updated threshold (i.e., the packaging threshold inflated annually by the Producer Price Index
(PPI)for prescription drugs), with the exception of 5HT3 antiemetics which will continue to be paid separately regardless of their calculated per-day cost. Section 1833(t)(14) of the Act requires special classification of certain separately payable drugs, biologicals and radiopharmaceuticals and mandates payment under section 1833(t)(14)(A)(iii) of the Act for specified covered outpatient drugs in CY 2006 and subsequent years to be equal to the average acquisition cost for the drug subject to any adjustment for overhead costs, which for CY 2007 is a combined rate of 106 percent of the ASP. Separately payable drugs and biologicals without ASP-based data will be paid at their mean cost calculated from Medicare CY 2005 hospital claims data. The preadmission-related services associated with intravenous immune globulin
(IVIG)will continue to be paid under a New Technology APC with a rate of $75. Also, payment for blood clotting factors in the outpatient setting will be set at 106 percent of the ASP, plus the updated furnishing fee of $0.15. The temporary policy of paying radiopharmaceuticals at charges reduced to costs is also being extended for one additional year since it is still considered the best proxy for radiopharmaceutical acquisition and overhead costs. However, separate payment will only apply to those radiopharmaceuticals with per-day costs greater than $55. ○ *Payment for Nonpass-Through Drugs, Biologicals, and Radiopharmaceuticals With HCPCS Codes, But Without OPPS Claims Data.* For CY 2007, hospitals will receive payment for nonpass-through radiopharmaceuticals without hospital claims data that have been assigned HCPCS codes as of January 1, 2007, at the hospital's charge for the radiopharmaceutical adjusted to cost using the hospital's overall cost-to-charge ratio, which will be the same methodology used in the payment for pass-through radiopharmaceuticals. For new drugs without pass-through status or hospitals claims data, payment will be made at the lesser of the ASP or competitive acquisition contract price (Part B CAP). In rare instances where a drug does not have a Part B drug CAP rate or data available for use for ASP methodology, payment will be made at 95 percent of the product's most recent AWP. Established drugs without hospital claims data that have been classified as separately payable in CY 2007 will be paid per the ASP-based methodology at a rate of 106 percent of the ASP. New drugs, biologicals and devices which qualify for separate payment under OPPS, but have not yet been assigned to a transitional APC (i.e., assigned to a temporary APC for separate payment of an expensive drug or device) will be reimbursed under the TRICARE standard allowable charge methodology. This allowable charge payment will continue until a transitional APC has been assigned (i.e., until CMS has had the opportunity to assign the new drug, biological or device to a temporary APC for separate payment). ○ *Drug Administration Coding and Payment.* For CY 2007, hospitals will be expected to report the full set of CPT drug administration codes in a manner consistent with their descriptors, CPT instructions and correct coding principles. They will no longer be able to report the alphanumeric HCPCS codes (C8950, C8951, C8952, C8954, and C8955) that were recognized prior to January 1, 2007. These newly recognized CPT codes will be assigned to six new drug administration APCs, with payment rates based on median costs for the APCs as calculated from Medicare's CY 2005 claims data. ○ *Payment for Blood and Blood Products.* Since Medicare's implementation of the OPPS in August 1, 2000, separate payments have been made for blood and blood products through APCs rather than packaging them into the procedures with which they were administered. Hospital payment for the costs of blood and blood products, as well as the costs of collecting, processing, and storing blood products, are made through the OPPS payments for specific blood product APCs. For CY 2007, these blood product payments will be based on the unadjusted, simulated median costs for blood and blood products that are derived from CY 2005 Medicare claims data, with the exception of the seven products for which there will be a payment adjustment to smooth their transition to full claims-based payments in the future. ○ *Other Procedure or Service Costs Not Packaged in APC Payment.* Costs for casting, splinting and strapping services, immunosuppressive drugs for patients following organ transplant, and certain other high-cost drugs that are infrequently administered are not packaged into the costs of the primary procedures with which they are normally associated. Instead, new APC groups have been created for these items and services, which will allow separate payment. ○ *Corneal Tissue Acquisition Costs.* Corneal tissue acquisition costs will not be packaged with the APC payment for corneal transplant surgical procedures. Instead, separate payment will be made based on the hospital's reasonable costs incurred to acquire corneal tissue. Corneal acquisition costs must be submitted using HCPCS code V2785 (Processing, Preserving and Transporting Corneal Tissue), indicating the actual cost of the acquisition rather than the hospital's charge on the bill. ○ *Transitional Pass-Through Payment for Devices.* Transitional payments will only apply to new and innovative medical devices meeting the following criteria:
(1)Were not recognized for payment as a hospital outpatient service prior to 1997 (i.e., payment was not being made as of December 31, 1996) or treated as meeting the time constraints under special prescribed conditions;
(2)have been approved/cleared for use by the Food and Drug Administration (FDA);
(3)are determined to be reasonable and necessary for the diagnosis or treatment of an illness or injury or to improve the functioning of a malformed body part;
(4)are an integral and subordinated part of the procedure performed;
(5)are used for one patient only (except for reprocessed single-use devices meeting FDA's most recent regulatory criteria on single-use devices);
(6)are surgically implanted or inserted via a natural or surgically created orifice on incision and remain with the patient after the patient is released from the hospital outpatient department;
(7)are not equipment, instruments, apparatus, implements, or such items for which depreciation and financing expenses are recovered as depreciable assets;
(8)are not materials and supplies such as sutures, clips or customized surgical kits furnished incidental to a service or procedure;
(9)are not material such as biologicals or synthetics that are used to replace human skin;
(10)no existing or previously existing device category is appropriated for the device;
(11)associated cost is not insignificant in relation to the APC payment for the service in which the innovative medical equipment is packaged; and
(12)it has been demonstrated that utilization of the device provides substantial clinical improvement for beneficiaries compared with currently available treatments, including procedures utilizing devices in existing or previously existing device categories. The duration of transitional pass-through payments for devices is for at least two, but not more than three years. This period begins with the first date on which a transitional pass-through payment is made for any medical device that is described by the new medical category. The costs of the devices will be packaged into the costs of the procedures with which they are normally billed once they are no longer eligible for pass-through payment. Device pass-through payments (those procedures designated with a SI “H”) are calculated by applying the statewide cost-to-charge ratio (CCR), which is based on the geographical CBSA (2 digit = rural, 5 digit = urban), to the hospital's charges on the claims and subtracting any appropriate pass-through offset. The offset adjustment only applies when a pass-through device is billed in addition to the primary procedure with which it is normally associated. Provisions are also in place in accordance with 1833(t)(6)(D)(ii) of the Social Security Act for reducing transitional pass-through payments by the estimated portion of each APC payment rate that could reasonably be attributed to the cost of the associated devices that are eligible for pass-through payments. Offsets are calculated by comparing the median APC cost without device packaging to the median APC cost (including device packaging), developed from claims with device codes, to determine the percentage of median APC costs attributable to the associated pass-through device. These percentages are then applied to the APC payment amounts in order to determine the applicable amounts to be deducted from the pass-through payments, known as the “offset” amounts. Offset amounts are only applied when it can be determined that an APC contained cost is actually associated with the device. Currently, there is only one transitional pass-through payment offset in effect for device category C1820 (generator, neurostimulator (implantable), with rechargeable battery and charging system) with an amount of $8,668.94, which represents 77.65 percent of the CY 2007 payment rate for APC 0222. Two new device categories have been established for pass-through payment starting in 2007:
(1)L8690—auditory osseointegrated device, external sound processor, replacement; and
(2)C1821—interspinous process distraction device (implantable). The offset amounts for both of these new device categories were set to $0 for CY 2007, since there were no identifiable device-related costs associated with their procedure APCs (i.e., APC 0256 for L8690 and APC 0050 for C1821). The pass-through status of this rechargeable neurostimulator device (C1820) is scheduled to expire on January 1, 2008. ○ *Payment When Devices are Replaced Without Cost or Where Credit for a Replacement Device is Furnished to the Hospital.* Payments will be reduced for selected APCs in cases in which an implanted device is replaced without cost to the hospital or with full credit for the removed device in accordance with 42 CFR 419.45. The amount of the reduction to the APC rate will be calculated in the same manner as the offset amount that would be applied if the implanted device assigned to the APC had pass-through status as defined under 42 CFR 419.66. OPPS payments would be contingent on section 1833(t)(2)(E) of the Social Security Act, which permits equitable adjustments to the OPPS payments contingent on meeting all of the following criteria:
(1)All procedures assigned to the selected APCs must require implantable devices that would be reported if device replacement procedures were performed;
(2)the required devices must be surgically inserted or implanted devices that remain in the patient's body after the conclusion of the procedures, at least temporarily; and
(3)the offset percent for the APC (i.e., the median cost of the APC *without* device costs divided by the median cost of the APC *with* device costs) must be significant—significant offset percent is defined as exceeding 40 percent. The presence of the modifier “FB” [“Item Provided Without Cost to Provider, Supplier, or Practitioner or Credit Received for Replacement (examples include, but are not limited to: devices covered under warranty, replaced due to defect, or provided as free samples)”] would trigger the adjustment in payment if the procedure code to which the modifier “FB” was amended appeared in Table 3 and was also assigned to one of the APCs listed in Table 4 below. Table 3.—Devices For Which the FB Modifier Must Be Reported With the Procedure When Furnished Without Cost or at Full Credit for a Replacement Device Device Description C1721 AICD, dual chamber. C1722 AICD, single chamber. C1764 Event recorder, cardiac. C1767 Generator, neurostim, imp. C1771 Rep dev, urinary, w/sling. C1772 Infusion pump, programmable. C1776 Joint device (implantable). C1777 Lead, AICD, endo single coil. C1778 Lead, neurostimulator. C1779 Lead, pmkr, transvenous VDD. C1785 Pmkr, dual, rate-resp. C1786 Pmkr, single, rate-resp. C1813 Prostheses, penile, inflatab. C1815 Pros, urinary sph, imp. C1820 Generator, neuro, rechg bat sys. C1882 AICD, other than sing/dual. C1891 Infusion pump, non-prog, perm. C1895 Lead, AICD, endo dual coil. C1896 Lead, AICD, non sing/dual C1897 Lead, neurostim, test kit. C1898 Lead, pmkr, other than trans. C1899 Lead, pmkr/ACID combination. C1900 Lead coronary venous. C2619 Pmkr, dual, non rate-resp. C2620 Pmkr, single, non rate-resp. C2621 Pmkr, other than sing/dual. C2622 Prosthesis, penile, non-inf. C2626 Infusion pump, non-prog, temp. C2631 Rep dev, urinary, w/o sling. L8614 Cochlear device/system. Table 4.—Adjustments to APCs in Cases of Devices Reported Without Cost or For Which Full Credit Is Received APC SI APC group title CY 2007 offset amt. (percent) 0039 S Level I Implantation of Neurostimulator 78.85 0040 S Percutaneous Implantation of Neurostimulator Electrodes, Excluding Cranial Nerve 54.06 0061 S Laminectomy or Incision for Implantation of Neurostimulator Electrodes, Excluded 60.06 0089 T Insertion/Replacement of Permanent Pacemaker and Electrodes 77.11 0090 T Insertion/Replacement of Pacemaker Pulse Generator 74.74 0106 T Insertion/Replacement/Repair of Pacemaker and/or Electrodes 41.88 0107 T Insertion of Cardioverter-Defibrillator 90.44 0108 T Insertion/Replacement/Repair of Cardioverter-Defibrillator Leads 77.75 0222 T Implantation of Neurological Device 77.65 0225 S Implantation of Neurostimulator Electrodes, Cranial 79.04 0227 T Implantation of Drug Infusion Devices 80.27 0229 T Transcatheter Placement of Intravascular Shunts 46.17 0259 T Level IV ENT Procedures 84.61 0315 T Level II Implantation of Neurostimulator 76.03 0385 S Level I Prosthetic Urological Procedures 83.19 0386 S Level II Prosthetic Urological Procedures 61.16 0418 T Insertion of Left Ventricular Pacing Elect. 87.32 0654 T Insertion/Replacement of a Permanent Dual Chamber Pacemaker 77.35 0655 T Insertion/Replacement/Conversion of a Permanent Dual Chamber Pacemaker 76.59 0680 S Insertion of Patient Activated Event Recorders 76.40 0681 T Knee Arthroplasty 73.37 If the device code (i.e., one of the codes in Table 3 above) is assigned to one of the APCs listed in Table 4 above, the unadjusted payment rate for the procedure APC will be reduced by an amount equal to the percent in Table 4 times the unadjusted payment rate. The actual adjustments can be viewed on the following CMS Web site: *http://www.cms.hhs.gov/HospitalOutpatientPPS/* In cases in which the device is being replaced without cost, the hospital will report a token device charge. However, if the device is being inserted as an upgrade, the hospital will report the difference between its usual charge for the device being replaced and the credit for the replacement device. Multiple procedure reductions would also continue to apply even after the APC payment adjustment to remove payment for the device cost, because there would still be the expected efficiencies in performing the procedure if it was provided in the same operative session as another surgical procedure. Similarly, if the procedure was interrupted before administration of anesthesia (i.e., there was a modifier 52 or 73 on the same line as the procedure), a 50 percent reduction would be taken from the adjusted amount. ○ *Coding and Payment of Emergency Department Visits.* The following five Type B emergency department G-codes have been established for emergency departments meeting the definition of a dedicated emergency department
(DED)under the Emergency Medical Treatment and Labor Act (EMTALA) regulations in 42 CFR 489.24, but which are not Type A emergency departments (i.e., they may meet the DED definition but are not available 24 hours a day, 7 days a week). Table 5.—CY 2007 Final HCPCS Codes To Be Used To Report Emergency Department Visits Provided in Type B Emergency Departments HCPCS code Short descriptor Long descriptor G0380 Level 1 hosp. type B visit Level 1 hospital emergency department visit provided in a Type B emergency department. (The ED must meet at least one of the following requirements:
(1)It is licensed by the State in which it is located under applicable State law as an emergency room or emergency department;
(2)It is held out to the public (by name, posted signs, advertising, or other means) as a place that provides care for emergency medical conditions on an urgent basis without requiring a previously scheduled appointment; or
(3)During the calendar year immediately preceding the calendar year in which a determination under this section is being made, based on a representative sample of patient visits that occurred during that calendar year, it provides at least one-third of all of its outpatient visits for the treatment of emergency medical conditions on an urgent basis without requiring a previously scheduled appointment.). G0381 Level 2 hosp. type B visit Level 2 hospital emergency department visit provided in a Type B emergency department. (The ED must meet at least one of the following requirements:
(1)It is licensed by the State in which it is located under applicable State law as an emergency room or emergency department;
(2)It is held out to the public (by name, posted signs, advertising, or other means) as a place that provides care for emergency medical conditions on an urgent basis without requiring a previously scheduled appointment; or
(3)During the calendar year immediately preceding the calendar year in which a determination under this section is being made, based on a representative sample of patient visits that occurred during that calendar year, it provides at least one-third of all of its outpatient visits for the treatment of emergency medical conditions on an urgent basis without requiring a previously scheduled appointment.). G0382 Level 3 hosp. type B visit Level 3 hospital emergency department visit provided in a Type B emergency department. (The ED must meet at least one of the following requirements:
(1)It is licensed by the State in which it is located under applicable State law as an emergency room or emergency department;
(2)It is held out to the public (by name, posted signs, advertising, or other means) as a place that provides care for emergency medical conditions on an urgent basis without requiring a previously scheduled appointment; or
(3)During the calendar year immediately preceding the calendar year in which a determination under this section is being made, based on a representative sample of patient visits that occurred during that calendar year, it provides at least one-third of all of its outpatient visits for the treatment of emergency medical conditions on an urgent basis without requiring a previously scheduled appointment.). G0384 Level 4 hosp. type B visit Level 4 hospital emergency department visit provided in a Type B emergency department. (The ED must meet at least one of the following requirements:
(1)It is licensed by the State in which it is located under applicable State law as an emergency room or emergency department;
(2)It is held out to the public (by name, posted signs, advertising, or other means) as a place that provides care for emergency medical conditions on an urgent basis without requiring a previously scheduled appointment; or
(3)During the calendar year immediately preceding the calendar year in which a determination under this section is being made, based on a representative sample of patient visits that occurred during that calendar year, it provides at least one-third of all of its outpatient visits for the treatment of emergency medical conditions on an urgent basis without requiring a previously scheduled appointment.). G0385 Level 5 hosp. type B visit Level 5 hospital emergency department visit provided in a Type B emergency department. (The ED must meet at least one of the following requirements:
(1)It is licensed by the State in which it is located under applicable State law as an emergency room or emergency department;
(2)It is held out to the public (by name, posted signs, advertising, or other means) as a place that provides care for emergency medical conditions on an urgent basis without requiring a previously scheduled appointment; or
(3)During the calendar year immediately preceding the calendar year in which a determination under this section is being made, based on a representative sample of patient visits that occurred during that calendar year, it provides at least one-third of all of its outpatient visits for the treatment of emergency medical conditions on an urgent basis without requiring a previously scheduled appointment.). The use of these G-codes, along with the following redefinition of a Type A emergency department, will serve as a vehicle to capture median cost and resource differences among visits to Type A emergency departments, Type B emergency departments and clinics: *Type A Emergency Department* —A type A emergency department is a hospital-based facility or department that must be open 24 hours a day, 7 days a week and meet at least one of the following requirements:
(1)It is licensed by the State in which it is located under applicable State laws as an emergency department; or
(2)It is held out to the public (by name, posted signs, advertising, or other means) as a place that provides care for emergency medical conditions on an urgent basis without requiring a previously scheduled appointment. A new G-code (G0390—Trauma response team activation associated with hospital critical care services) was also created (effective January 1, 2007) to be used in addition to CPT codes 99291 and 99292 to address the meaningful cost difference between critical care when billed with and without trauma activation. If critical care is provided without trauma activation, the hospital will bill with either CPT 99291 or 99292, receiving payment for APC 0617 with a median cost of $402.67. However, if trauma activation occurs, the hospital would be allowed to bill one unit of G-code (G0390), reported with revenue code 68x on the same date of service, thereby receiving $491.66 under APC 0618. Hospitals will continue to bill CPT codes for both clinic and Type A Emergency department visits until national guidelines have been established. The above CPT E/M codes and other HCPCS codes currently assigned to the clinic visit APCs have been mapped in Table 6 to eleven new APCs; five for clinic visits; five for emergency department visits; and one for critical care services, based on median costs and clinical consideration. Table 6.—Assignment of CPT E/M Codes and Other HCPCS Codes to New Visit APCs for CY 2007 CY 2007 APC title CY 2007 APC HCPCS Short descriptor Level 1 Hospital Clinic Visits 0604 92012 Eye exam, established pat. 99201 Office/outpatient visit, new (Level 1). 99211 Office/outpatient visit, est (Level 1). G0101 CA screen; pelvic/breast exam. G0245 Initial foot exam pt lops. G0241 Office consultation (Level 1). G0271 Confirmatory consultation (Level 1). G0264 Assmt otr CHF, CP, asthma. Level 2 Hospital Clinic Visits 0605 92002 Eye exam, new patient. 92014 Eye exam and treatment. 99202 Office/outpatient visit, new (Level 2). 99212 Office/outpatient visit, est (Level 2). 99213 Office/outpatient visit, est (Level 3). 99243 Office consultation (Level 3). 99242 Office consultation (Level 2). 99273 Confirmatory consultation (Level 3). 99272 Confirmatory consultation (Level 2). 99431 Initial care, normal newborn. G0246 Follow-up eval of foot pt lop. G0344 Initial preventive exam. Level 3 Hospital Clinic Visits 0606 92004 Eye exam, new patient. 99203 Office/outpatient visit, new (Level 3). 99214 Office/outpatient visit, est (Level 4). 99274 Confirmatory consultation (Level 4). 99244 Office consultation (Level 4). Level 4 Hospital Clinic Visits 0607 99204 Confirmatory consultation (Level 1). 99215 Office/outpatient visit, est (Level 5). 99245 Office consultation (Level 5). 99275 Confirmatory consultation (Level 5). Level 5 Hospital Clinic Visits 0608 99205 Office/outpatient visit, new (Level 5). G0175 OPPS service, sched team conf. Level 1 Type A Emergency Visits 0609 99281 Emergency department visit. Level 2 Type A Emergency Visits 0613 99282 Emergency department visit. Level 3 Type A Emergency Visits 0614 99283 Emergency department visit. Level 4 Type A Emergency Visits 0615 99284 Emergency department visit. Level 5 Type A Emergency Visits 0616 99285 Emergency department visit. Critical Care 0617 99291 Critical care, first hour. ○ *Inpatient Only Procedures.* The inpatient list on TMA's OPPS Web site at *http://www.tricare.mil/opps* specifies those services that are only paid when provided in an inpatient setting because of the nature of the procedure, the need for at least 20 hours of postoperative recovery time or monitoring before the patient can be safely discharged, or the underlying physical condition of the patient. The following criteria will be used when reviewing procedures to determine whether or not they should be moved from the inpatient list and assigned to an APC group for payment under OPPS:
(1)The simplest procedure described by the code may be performed in most outpatient departments;
(2)the procedure is related to codes that have already been removed from the inpatient list;
(3)the procedure is being performed in numerous hospitals on an outpatient basis; and
(4)the procedure can be appropriately and safely performed in an ASC. While it is anticipated that TRICARE will be following the Medicare inpatient listing fairly closely, there may be occasions where, upon medical review, it is found that a particular inpatient procedure can be provided safely in an outpatient setting due to TRICARE's younger, healthier beneficiary population. These procedures will be removed from the TRICARE inpatient listing and will be assigned to either an existing or new APC group based on their median costs. If a patient was not admitted as an inpatient, and the procedure designated as an inpatient-only procedure (by OPPS payment status indicator “C”) was performed to resuscitate or stabilize a patient with an emergency, life-threatening condition and the patient dies before being admitted as an inpatient, the hospital would bill for payment under the OPPS for the services that were furnished on that date and included modifier—“CA” on the line with the HCPCS code for the inpatient procedure. Payment for all services other than the inpatient procedure designated under OPPS by status indicator “C”, furnished on the same date, would be bundled into a single payment under APC 0375 (Ancillary Outpatient Services the Patient Expires) whose CY 2007 median cost is $3,539. ○ *Partial Hospitalization Services.* Partial hospitalization services are those services furnished by TRICARE-authorized partial hospitalization programs and authorized mental health providers for the active treatment of a mental disorder. All services must follow a medical model and patient care must be under the general direction of a licensed psychiatrist employed by the partial hospitalization program to ensure medication and physical needs of all the patients are considered. The OPPS established per diem payment for both half- and full-day partial hospitalization represents the hospital's costs for overhead, support staff and the services of clinical social workers
(CSWs)and occupational therapists (OTs). For Substance Use Disorder Rehabilitation Facilities (SUDRFs), the cost of alcohol and addiction counselor services would also be included in the PHP per diem. However, the OPPS does not include the cost of services for physicians, clinical psychologists, and psychiatric nurse practitioners (NPs), which will continue to be billed separately for covered mental health services. In order to receive payment under OPPS, the hospital must use specific HCPCS and revenue codes and report partial hospitalization services under bill type 13X, along with condition code 41 on the UB-04 (HCFA 1450 claim form). The claim must also include a mental health diagnosis and an authorization on file for each day of service, along with a designated H-code (i.e., either H0035 for half-day PHP or H0037 for full-day PHP) and its accompanying revenue code, prior to assigning a half-or full-day partial hospitalization APC. Specific therapy codes (e.g., coding for family, group and individual psychotherapy) will be reported in addition to the designated partial hospitalization codes H0035 and H0037 and will be packaged into a single PHP code for the same date of service, with the exception of electroconvulsive therapy (ECT). Claims that do not meet the above criteria (e.g., claims filed without condition code 41, appropriate H-coding—H0035 or H0037, and/or revenue code) will undergo further payment review to ensure that outpatient mental health procedures do not exceed the full-day partial hospitalization per diem amount; i.e., the sum of the individual mental health APC amounts on any particular day does not exceed the full-day partial hospitalization per diem amount. The half-day PHP per diem (APC T0001) will be priced at 75 percent of the full-day APC
(0033)amount of $233.37 for CY 2007. Free-standing psychiatric partial hospitalization services will continue to be reimbursed the all-inclusive PHP per diem rates as established under 32 CFR 199.14(a)(2)(ix), subject to their own unique mental health copayment/cost-sharing provisions. ○ *Separate Payment for Observation Stays.* Observation care is a well-defined set of specific, clinically appropriate services that include short-term treatment, assessment, and reassessment before a decision can be made regarding whether patients will require further treatment as hospital inpatients, or if they are able to be discharged from the hospital. The determination of whether or not observation services are separately payable under APC 0339 (observation) has been shifted from the hospital billing department to the OPPS claims processing logic using two HCPCS codes (i.e., G0378—Hospital observation services per hour, and G0379—Direct admission of patient for hospital observation care). These HCPCS codes will be assigned status indicator “Q” (package service subject to separate payment based on criteria) that will trigger the OCE logic during the processing of the claim to determine if the observation service or direct admission service is packaged with the other separately payable hospital services provided, or if a separate APC payment for observation services or direct admission to observation is appropriate. Following are the criteria that must be met in order to receive separate payment under APC 0039:
(1)The beneficiary must have one of four medical conditions—congestive heart failure, chest pain, asthma, or maternity—as documented by specific ICD-9-CM diagnosis codes;
(2)the number of units reported with HCPCS code G0378 must be equal to or exceed 8 hours for observation stays with diagnoses of chest pain, asthma or congestive heart failure and a minimum of 4 hours for maternity observation services;
(3)an emergency department visit, clinic visit, critical care visit, or direct admission to observation services using HCPCS code G037 must be provided on the same day as, or the day before the observation except for maternity observation stays;
(4)ongoing physician evaluation must be provided. The FY 2007 median cost for the observation APC 0339 is $442.81. Direct admissions to observation will continue to be paid at a rate equal to that of a Level 1 Clinic Visit (APC 0604) with a CY 2007 median cost of $50.37 when a beneficiary is seen by a physician in the community and then is directly admitted into a hospital outpatient department for observation care that does not qualify for separate payment under APC 0039, or under T0002. In order to receive separate payment for a direct admission into observation (APC 0604), the claim must show: 1) Both HCPCS codes G0378 (Hourly Observation) and G0379 (Direct Admit to Observation) with the same date of service; 2) that there are no services with status indictor “T” or “V” (clinic or emergency department visit) or critical care (APC 0620) provided on the same day of service as HCPCS code G0379; and 3) that the observation care does not qualify for separate payment under APC 0339. If the period of observation spans more than one calendar day, hospitals should include all of the hours for the entire period of observation on a single line and enter as the date of service for that line the date the patient is admitted to observation. Also, if there are multiple maternity observation stays on the same day without condition code G0 or 27 to indicate that the visits were distinct and independent of each other, the first listed observation stay will be paid and the rest will be denied. ○ *Payment for Brachytherapy Sources.* In accordance with section 1833(t)(2)(H) of the Social Security Act, brachytherapy sources are being paid separately under their own service groups
(APCs)reflecting the number, isotope, and radioactive intensity of the devices of brachytherapy furnished, including separate groups for palladium-103 and iodine-125 devices. The payment for devices of brachytherapy based on hospitals' charges, adjusted to costs as prescribed under section 1833(t)(16)(C) of the Social Security Act, has been extended under the Tax Relief and Health Care Act of 2006 to January 1, 2008. As a result, brachytherapy sources will continue to be assigned to status indicator “H” and will not be eligible for outlier payments in CY 2007. The codes for the CY 2007 separately paid sources, long descriptors and APCs are listed in Table 7 below: Table 7.—Separately Paid Brachytherapy Sources With Long Descriptors and Assigned APCs CPT/HCPCS Long descriptor SI APC A9527 Iodine 1-125, sodium iodide solution, therapeutic, per millicurie H 2632 C1716 Brachytherapy source, Gold 198, per source H 1716 C1717 Brachytherapy source, High Dose Rate Iridium 192, per source H 1717 C1718 Brachytherapy source, Iodine 125, per source H 1718 C1719 Brachytherapy source, Non-High Dose Rate Iridium 192, per source H 1719 C1720 Brachytherapy source, Palladium 103, per source H 1720 C2616 Brachytherapy source, Yttrium-90, per source H 2616 C2632 (See note below) D C2633 Brachytherapy source, Cesium-131, per source H 2633 C2634 Brachytherapy source, High Activity, Iodine-125, greater than 1.01 mCi (NIST), per source H 2634 C2635 Brachytherapy source, High Activity, Palladium-103, greater than 2.2 mCi (NIST), per source H 2635 C2636 Brachytherapy linear source, Palladium-103, per 1 MM H 2636 C2637 Brachytherapy source, Ytterbium-169, per source H 2637 *Note:* C2632 has been deleted and replaced by A9527, effective January 1, 2007. ○ *APC for Vaginal Hysterectomy.* When billing for vaginal hysterectomies, hospitals must use procedure 58260, which will be assigned to APC 0202. ○ *New Technology APCs.* A process has also been developed that will recognize new technologies that do not otherwise meet the definition of current orphan drugs, or current cancer therapy drugs and biologicals and brachytherapy, or current radiopharmaceutical drugs and biological products, and which are considered a covered benefit under TRICARE. In contrast to the other APC groups, the new technology APC groups do not take into account clinical aspects of the services they are to contain, but only their costs. This process, along with transitional pass-throughs, will provide additional payment for a significant share of new technologies. New items and services will be assigned to new technology APCs when it is determined that they cannot appropriately be placed into existing APC groups. The new technology APC groups have established payment rates based on the midpoint of ranges of possible costs providing a mechanism for initiating payment at an appropriate level within a relatively short timeframe. The cost bands for New Technology APCs range from: $0 to $50, in increments of $10; $50 to $100, in increments of $50; $100 to $2,000, in increments of $100; and $2,000 to $6,000, in increments of $500. These increments which are in two parallel sets of New Technology APCs—one with status indictor “S” and the other with “T”—allow assignment to the same APC group procedures that are appropriately subject to a multiple procedure payment reduction
(T)with those that should not be discounted (S). ○ *Coding Requirement for Reimbursement Under TRICARE OPPS.* To receive TRICARE reimbursement under OPPS, providers must follow, and contractors shall enforce, all Medicare specific coding requirements. TRICARE Management Activity
(TMA)will develop specific APCs (those APCs beginning with a “T”) for those services that are unique to the TRICARE beneficiary population (e.g., those TRICARE specific APCs for half-day partial hospitalization program
(PHP)services and maternity observation stays). V. OPPS Reimbursement Methodology ○ *General Overview.* Under the TRICARE OPPS, hospital outpatient services are paid on a rate-per-services basis that varies according to the APC group to which the service is assigned. The APC classification system is composed of groups of services that are comparable clinically and with respect to the use of resources. Level 1
(CPT)and Level II HCPCS codes and descriptors are used to identify and group the services within each APC. Costs associated with items or services that are directly related and integral to performing a procedure or furnishing a service have been packaged into each procedure or service within an APC group with the exception of:
(1)New temporary technology APCs for certain approved services that are structured based on cost rather than clinical homogeneity; and
(2)separate APCs for certain medical devices, drugs, biologicals, radiopharmaceuticals and devices of brachytherapy under transitional pass-through provisions. TRICARE is adopting Medicare's classification system, along with its nationally established APC payment amounts as prescribed in section 1833(t) of the Social Security Act and in its accompanying Medicare regulation (42 CFR part 419) for reimbursement of hospital outpatient services, to the extent practicable, in accordance with 10 U.S.C. 1079(j)(2), with the realization that there will be subtle differences occurring between the TRICARE and Medicare OPPS methodologies based on differences in the age and general health of the populations they serve (i.e., it can be assumed that the TRICARE population is younger and healthier than the population being served by Medicare). For example, TRICARE has already found it necessary to develop two new TRICARE specific APCs, one for maternity observation stays (T0002) and the other for a half-day partial hospitalization program (T0001) to accommodate its unique benefit structure and beneficiary population. There may also be subtle differences in the inpatient-only procedure listings being maintained by the two programs since some of the Medicare inpatient-only procedures may be determined by TRICARE, upon medical review, to be safe for administration in an outpatient setting due to its younger, healthier population. This may require the development of additional APC groups, along with nationally established payment amounts based on their median costs from the previous year's claims history. The payment rate for each APC is calculated by multiplying the APC's relative weight by the conversions factor. Weights are derived based on median hospital costs for services/procedures assigned to the hospital outpatient APC groups. Billed charges for items integral to performing the major procedure or visit, which include packaged HCPCS codes (i.e., codes with SI = “N”) and revenue codes appearing on the same claim, are converted to costs by multiplying each revenue center charge by the appropriate hospital-specific CCR. Centers for Medicare and Medicaid Services
(CMS)currently use a four-tiered hierarchy of cost center CCRs to match a cost center to every possible revenue code appearing in the outpatient claims, with the top tier being the most common cost center and the lowest tier being the default CCR. If a hospital's cost center CCR was deleted by trimming, another cost center CCR in the revenue hierarchy can be applied. If no other department CCR can be applied to the revenue code on the claim, CMS uses the hospital's overall CCR for the revenue code. The costs of the above services/procedures are then standardized for geographic wage variations by dividing the labor-related portion of the operating and capital costs (currently estimated at 60 percent on the average for each billed item) by the hospital inpatient prospective payment system
(IPPS)wage index. The standardized labor-related cost and the nonlabor-related cost component for each billed item are summed to derive the total standardized cost for each separately payable HCPCS code. Extreme costs outside three standard deviations from the geometric mean will be eliminated prior to calculating the median cost for each separately payable HCPCS code. The median costs of these procedures will then be mapped to their assigned APCs, and the median costs of those assigned procedures will be used in establishing the overall APC median cost. The relative payment weights are calculated for each APC by dividing the median cost of each APC by the median cost for APC 0606 (Level 3 Clinic Visit), which is $83.88 for CY 2007, as a reconfiguration of the visit APCs. APC 0606 was chosen in order to maintain consistency in using a median for calculating unscaled weights representing the median cost of some of the most frequently provided services. The relative payment weights were further adjusted by 1.364598352 for budget neutrality, based on a comparison of aggregate payments using CY 2006 relative weights to aggregate payments using the CY 2007 final relative weights. The other component used in establishing national APC payment amounts is the conversion factor, updated on an annual basis in accordance with section 1833(t)(3)(C)(iv) of the Social Security Act, which provides for CY 2007 an updated amount equal to the hospital inpatient market basket percentage increase applicable to hospital discharges under section 1886(b)(3)(B)(iii) of the Act. The market basket increase update factor of 3.4 percent for CY 2007, along with the required wage index budget neutrality adjustment of approximately 0.999331979, the adjustment of 0.04 percent for the difference in the pass-through set-aside, and the adjustment for the rural payment adjustment for rural SCHs (including EACHs) of 0.999975941, resulted in a standard conversion factor for CY 2007 of $61.468. The national unadjusted APC payment rates that were calculated by multiplying the CY 2007 scaled weight for each APC by the final CY 2007 conversion factor apply to all the services that are classified within the APC group. These national rates (i.e., the unadjusted national rates for both APCs and the HCPCS to which OPPS payment was assigned) are listed on TMA's OPPS Web site at *http://www.tricare.mil/opps.* ○ *Determination of Payment.* A payment status indicator
(SI)is provided for every code in the HCPCS to identify how the service or procedure described by the code would be paid under the hospital outpatient prospective payment system (OPPS); i.e., it indicates if a service represented by a HCPCS code is payable under the OPPS or another payment system, and also which particular OPPS payment policies apply. One, and only one, SI is assigned to each APC and to each HCPCS code. Following are the CY 2007 payment status indicators, along with a description of the particular services each indicator identifies. Table 8.—CY 2007 Payment Status Indicators for Hospital OPPS Indicator Description OPPS payment status A Services paid under some payment method other than OPPS (e.g., payment for non-implantable prosthetic and orthotic devices, DME, ambulance services, and individual professional services) Not paid under OPPS. Paid by contractors under a fee schedule or payment system other than OPPS. B More appropriate code required for TRICARE OPPS Not paid under OPPS. C Inpatient procedures Not paid under OPPS. Admit patient. Bill as inpatient. E Items or services not covered by TRICARE Not paid under OPPS. F Acquisition of corneal tissue, certain CRNA services, and Hepatitis B vaccines Not paid under OPPS. Paid on allowable charge basis. G Pass-through drugs and biologicals Paid separate APCs under OPPS. H
(1)Pass-through device categories
(1)Separate cost-based pass-through payment; not subject to cost-share/co-payment.
(2)Brachytherapy sources
(2)Separate cost-based non-pass-through payment.
(3)Radiopharmaceutical agents
(3)Separate cost-based non-pass-through payment. K Non-pass-through drugs and biologicals and blood and blood products Paid separate APCs under OPPS. N Packaged incidental items and services Packaged into the primary procedure APC payment amount to which the incidental item or service is normally associated. P Partial hospitalization Per diem APC payments for both half-day and full-day partial hospitalization programs. Q Services either separately payable or packaged Paid under OPPS; services either packaged or separately payable depending on the specific circumstances of the HCPCS billing. OCE logic will be applied in determining if the services will be packaged or separately payable. S Significant procedures allowed under the OPPS for which multiple procedure reduction does not apply Paid under OPPS; separate APC payment. T Surgical services allowed under OPPS with multiple procedure payment reduction Paid under OPPS; separate APC payment. V Medical visits (including clinic or emergency department visits) Paid under OPPS; separate APC payment. W Invalid HCPCS or invalid revenue code with blank HCPCS Not paid under OPPS. X Ancillary services Paid under OPPS; separate APC payment. Z Valid revenue code with blank HCPCS and no other SI assigned Not paid under OPPS. TB Reimbursement not allowed for CPT/HCPCS code submitted Not paid under OPPS. ○ *Adjustments for Specific Hospital Payment.* The hospital DRG wage adjustment factor will be used to adjust the portion of the payment rate that is attributable to labor-related costs for relative differences in labor and labor-related costs across geographic regions, with the exception of APCs with SIs “K” and “G” because of the inseparable, subordinate status of the outpatient department within the overall hospital setting. The OPPS will also adhere to the same wage index changes as the TRICARE-DRG based payment system, except the effective date for changes will be January 1 of each year instead of October 1. This way only one wage index file will have to be maintained for both the OPPS and DRG-based payment systems. Following are the steps taken in achieving this adjustment for APCs in which multiple procedure discounting is not applied: *Step 1.* Calculate 60 percent (labor-related portion) of the national unadjusted payment rate. *Step 2.* Determine the wage index area in which the hospital is located and identify the wage index that applies to the specified hospital. The wage index values assigned to each hospital area reflect the new geographic statistical areas as a result of revised OMB standards (urban and rural) to which hospitals are assigned for FY 2007 under the IPPS. *Step 3.* Adjust the wage index of hospitals located in certain qualifying counties that have a relatively high percentage of hospital employees who reside in the county, but who work in a different county with a higher wage index. *Step 4.* Multiply the applicable wage index determined under Steps 2 and 3 by the amount determined in Step 1 that represents the labor-related portion of the national unadjusted payment rate. *Step 5.* Calculate 40 percent (the nonlabor-related portion) of the national unadjusted payment rate and add the amount to the resulting product in step 4. The result is the wage index adjusted payment rate for the relevant wage index area in which the hospital is located. *Step 6.* If the provider is a Sole Community Hospital (SCH), multiply the wage adjusted payment rate by 1.071 to calculate the total payment. This adjustment will apply to all services and procedures paid under the OPPS (i.e., SIs “P,” “S,” “T,” “V,” and “X”), excluding drugs, biologicals and services paid subject to pass-through payment (i.e., SIs “G,” “H,” and “K”). Applicable deductibles and/or cost-sharing/copayment amounts will be subtracted from the wage adjusted APC payment rate based on the eligibility status of the beneficiary at the time outpatient services were rendered (i.e., those deductibles and cost-sharing/copayment amounts applicable to Prime, Extra, and Standard beneficiary categories). TRICARE will retain its current hospital outpatient deductibles, cost-sharing/copayment amounts (refer to Tables 1 and 2 above) and catastrophic loss protection under the OPPS. The ASC cost-sharing provision (i.e., assessment of a single copayment for both the professional and facility charge for a Prime beneficiary) will be adopted as long as it is administratively feasible. This will not apply to Extra and Standard beneficiaries since their cost-sharing is based on a percentage of the total allowed amount. ○ *Additional APC Payment Adjustments.* OPPS payment amounts are discounted when more than one surgical procedure (SI= T) is performed during a single operative session. Under these circumstances, TRICARE will reimburse the full payment and the beneficiary will pay the full cost-share/copayment for the procedure having the highest payment rate, while the remaining surgical procedure payments will be reduced by 50 percent, along with the beneficiary associated cost-share/copayment to reflect the savings associated with having to prepare the patient only once and the incremental costs associated with anesthesia, operating and recovery room use, and other services required for the second and subsequent procedures. A 50 percent discount will also be applied to the OPPS payment amounts and beneficiary copayments/cost-shares for procedures terminated before anesthesia is induced, as identified by modifiers −73 (Discounted Outpatient Procedure Prior to Anesthesia Administration) and −52 (Reduced Services). Full payment will be received for a procedure that is started but discontinued after the induction of anesthesia as reported by modifier −74 (Discounted Procedure). In this case, payment would recognize the costs incurred by the hospital to prepare the patient for surgery and the resources expended in the operating room and recovery room of the hospital. Discounting will also be applied to conditional, inherent, and independent bilateral procedures. An additional payment is provided for outpatient services for which a hospital's charges, adjusted to cost, exceed the sum of the wage adjusted APC rate plus a fixed dollar threshold and a fixed multiple of the wage adjusted APC rate. Only line item services with SIs “P,” “S,” “T”, “V,” or “X” will be eligible for outlier payment under OPPS. No outlier payments will be calculated for line item services with SIs “G,” “H,” “K,” and “N,” with the exception of blood and blood products. For CY 2007, the outlier threshold is met when the cost of furnishing a service or procedure exceeds 1.75 times the APC payment amount and exceeds the APC payment rate plus the $1,825 fixed-dollar threshold. The fixed-dollar threshold was added to better target outliers to those high cost and complex procedures where a very costly service could present a hospital with significant financial loss. If a provider meets both of these conditions (i.e., the multiple threshold and the fixed-dollar threshold), the outlier payment is calculated at 50 percent of the amount by which the cost of furnishing the service exceeds 1.75 times the APC payment rate. The hospital would receive the normal APC payment rate along with the additional outlier amount. For example, suppose a hospital charges $26,000 for a procedure for which the APC adjusted amount is $3,000 and the overall facility CCR is 0.30. The estimated cost to the hospital is $7,800 (0.30 × $26,000). In order to determine whether the procedure is eligible for outlier payment, it first must be determined whether the cost for the service exceeds both the APC multiple outlier cost threshold of $5,250 (1.75 × $3,000) and the fixed-dollar threshold of $4,825 ($3,000 + $1,825). Since the estimated cost to the hospital ($7,800) exceeds both threshold amounts, the hospital would be eligible for 50 percent of the difference, which in this case would be $1,275 ($7,800—$5,250/2). ○ *Payment Hierarchy for Non-OPPS Procedures.* If the outpatient procedure is not assigned an APC payment amount (i.e., is not assigned SI “G,” “H,” “K,” “P,” “S,” “T,” “V,” or “X”), but may be reimbursed under an existing TRICARE fee schedule or other prospectively determined rate (i.e., procedures assigned to SI “A”), the following hierarchy will be used in pricing the procedure. The PRICER will first look to see if there is an appropriate CMAC available for pricing. If a CMAC cannot be found, it will then look to the Durable Medical Equipment Claims: Prosthetics, Orthotics, and Supplies (DMEPOS) fee schedule for pricing. If a DMEPOS fee schedule rate is not available for pricing, it will turn to statewide prevailings. If a statewide prevailing cannot be found, the PRICER will reimburse the procedure at the billed charge. VI. Military Readiness/Contingency Options for Payment Under OPPS In recognition of the Department's requirement to support military readiness and contingency operations, and in response to recent congressional concerns regarding same, the agency has developed two options for implementation of OPPS. The first option involves a three-year transitional implementation of payment adjustments that may be utilized to limit the decline in payments under OPPS for TRICARE network hospitals that are in close proximity to military bases and treat a disproportionate share of military family members and/or hospitals that provide essential network specialty care. These temporary payment adjustments would target TRICARE network hospitals that are most vulnerable to OPPS revenue reductions and that are essential for continued military readiness and support of contingency operations. This adjustment would increase payment for primary care and emergency room visits to hospital outpatient departments (HOPDs) over a 3-year transitional period. Primary care and emergency room visits to HOPDs are categorized into 10 APC categories (APC codes 604-609 and 613-616) which represent over 600,000 hospital visits annually. On average, about one quarter of the revenues from TRICARE for HOPD services are for these 10 codes, representing the biggest payment reduction under OPPS. Under this transitional payment adjustment, the APC payment levels for network hospitals for the 5 clinical visit APCs would be set at 130 percent of the Medicare APC level, while the 5 emergency room
(ER)visit APCs would be increased by 150 percent in the first year of OPPS implementation. In the second year, the APC payment levels would be set at 120 percent of the Medicare APC level for clinic visits and at 130 percent for ER APCs. In the third year, the APC visit amounts would be set at 110 and 120 percent, respectively, and in the fourth year, the TRICARE and Medicare payment levels for the 10 APC visit codes would be identical. Two sets of adjustment factors (i.e., one for clinic visits and the other for ER visits) are being used since revenue cuts for ER visits are generally greater than those associated with clinic visits. Transitional payment adjustments for these 10 visit codes would buffer the initial revenue reductions which will be experienced upon implementation of TRICARE's OPPS, providing hospitals with sufficient time to adjust and budget for potential revenue reductions for hospitals most vulnerable to implementation of OPPS. The second option involves authority for the Director, TRICARE Management Activity, or a designee, under provisions of this rule to adopt, modify, and/or extend temporary adjustments to OPPS payments for TRICARE network hospitals deemed essential for military readiness and support during contingency operations. Upon a determination by the TMA Director, or designee, at any time following implementation that it is impracticable to support military readiness or contingency operations by making OPPS payments in accordance with the same reimbursement rules implemented by Medicare, a temporary deviation may be granted. This will ensure the availability of adequate civilian healthcare resources necessary to meet all ongoing military readiness and contingencies. The criteria for adopting, modifying and/or extending temporary adjustments to OPPS payments under this authority shall be issued through TRICARE policies, instructions, procedures and guidelines as deemed appropriate by the Director, TRICARE Management Activity, or a designee, for those network hospitals essential for continued military readiness and deployment in a time of contingency operations. VII. Regulatory Procedures Executive Order 12866, “Regulatory Planning and Review” Section 801 of title 5, United States Code (U.S.C.), and Executive Order (E.O.) 12866 requires certain regulatory assessments and procedures for any major rule or significant regulatory action, defined as one that would result in an annual effect of $100 million or more on the national economy or which would have other substantial impacts. It has been certified that this rule is not an economically significant rule, however, it is a regulatory action which has been reviewed by the Office of Management and Budget as required under the provisions of E.O. 12866. Section 202, Public Law 104-4, “Unfunded Mandates Reform Act” It has been certified that his rule does not contain a Federal mandate that may result in the expenditure by State, local and tribal governments, in aggregate, or by the private sector, of $100 million or more in any one year. Public Law 96-354, “Regulatory Flexibility Act” (5 U.S.C. 601) The Regulatory Flexibility Act
(RFA)requires each Federal agency prepare, and make available for public comment, a regulatory flexibility analysis when the agency issues a regulation which would have a significant impact on a substantial number of small entities. This is not a major rule under 5 U.S.C. 801 since the projected reduction in TRICARE payments to affected hospitals would be below the $100 million threshold. The estimates of reduction are based on historical TRICARE costs and an assessment of potential users times average benefit costs per person for implementation of the new prospective payment system. Following is a projected government impact analysis, reflecting an overall cost savings of $81.0 million dollars for the first 12 months of implementation based on 2006 TRICARE claims data. This rule also Impact Assessment of Implementation of OPPS [$Millions—first 12 months] Projected Cost Savings Based On Current Data $231.0 Offsets to Cost Savings: Application of Existing Cost-Sharing (12.0) Reduction/Rebalancing of Discounts (72.0) Transitional Adjustments (44.0) Military Contingency Adjustments (8.0) Effects of OHI (14.0) Net Cost Savings* 81.0 does not require a regulatory flexibility analysis, as the significant policy action was taken by Congress and the rule merely puts it into effect. The policy of the Regulatory Flexibility Act that agencies adequately evaluate all potential options for an action does not apply when Congress has already dictated the action. In addition, it has been certified that this proposed rule will not significantly affect a substantial number of small entities. Public Law 96-511, “Paperwork Reduction Act” (44 U.S.C. Chapter 35) This rule will not impose significant additional information collection requirements on the public under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3511). Existing information collection requirements of the TRICARE and Medicare programs will be utilized. Executive Order 13132, “Federalism” This proposed rule has been examined for its impact under E.O. 13132 and it does not contain policies that have federalism implications that would have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government; therefore, consultation with State and local officials is not required. List of Subjects in 32 CFR Part 199 Claims, Dental health, Health care, Health insurance, Individuals with disabilities, Military personnel. Accordingly, 32 CFR part 199 is proposed to be amended as follows: PART 199—[AMENDED] 1. The authority citation for part 199 continues to read as follows: Authority: 5 U.S.C. 301; 10 U.S.C. Chapter 55. 2. Section 199.2(b) is amended by adding definitions for Ambulatory Payment Classifications
(APCs)and TRICARE Outpatient Prospective Payment System
(OPPS)and placing them in alphabetical order to read as follows: § 199.2 Definitions.
(b)* * * *Ambulatory Payment Classifications* (APCs). Payment of services under the TRICARE OPPS is based on grouping outpatient procedures and services into ambulatory payment classification groups based on clinical and resource homogeneity, provider concentration, frequency of service and minimal opportunities for upcoding and code fragmentation. Nationally established rates for each APC are calculated by multiplying the APC's relative weight derived from median costs for procedures assigned to the APC group, scaled to the median cost of the APC group representing the most frequently provided services, by the conversion factor. *TRICARE Outpatient Prospective Payment System* (OPPS). OPPS is a hospital outpatient prospective payment system, based on nationally established APC payment amounts and standardized for geographic wage differences that includes operating and capital-related costs that are directly related and integral to performing a procedure or furnishing a service in a hospital outpatient department. § 199.4 [Amended] 3. Section 199.4 is proposed to be amended by removing paragraph (c)(3)(i)(C)(1) and redesignating paragraphs (c)(3)(i)(C)(2) and (c)(3)(i)(C)(3) as (c)(3)(i)(C)(1) and (c)(3)(i)(C)(2). 4. Section 199.14 is amended by revising paragraphs (a)(2)(ix)(A); redesignating paragraphs (a)(5)(i) through (a)(5)(xii) as (a)(5)(i)(A) through (a)(5)(i)(L); adding new paragraphs (a)(5)(i) introductory text and (a)(5)(ii); and revising paragraph (d)(1) to read as follows: § 199.14 Provider reimbursement methods.
(a)* * *
(2)* * *
(ix)* * *
(A)*In general.* Psychiatric and substance use disorder rehabilitation partial hospitalization services authorized by § 199.4(b)(10) and (e)(4) and provided by institutional providers authorized under § 199.6(b)(4)(xii) and (b)(4)(xiv) are reimbursed on the basis of prospectively determined, all-inclusive per diem rates pursuant to the provisions of paragraph (a)(2)(ix)(C) of this section, with the exception of hospital-based psychiatric and substance use disorder rehabilitation partial hospitalization services which are reimbursed in accordance with provisions of paragraph (a)(5)(ii) of this section. The per diem payment amount must be accepted as payment in full for all institutional services provided, including board, routine nursing service, ancillary services (includes music, dance, occupational and other such therapies), psychological testing and assessment, overhead and any other services for which the customary practice among similar providers is included as part of the institutional charges.
(5)* * *
(i)*Outpatient Services Not Subject to Hospital Outpatient Prospective Payment System (OPPS).* The following are payment methods for outpatient services that are either provided in an OPPS exempt hospital or paid outside the OPPS payment methodology under existing fee schedules or other prospectively determined rates in a hospital subject to OPPS reimbursement.
(ii)*Outpatient Services Subject to OPPS.* Outpatient services provided in hospitals subject to Medicare OPPS as specified in 42 CFR 413.65 and 42 CFR 419.20 will be paid in accordance with the provisions outlined in sections 1833(t) of the Social Security Act and its implementing Medicare regulation (42 CFR Part 419). Under the above governing provisions, CHAMPUS will recognize to the extent practicable, in accordance with 10 U.S.C. 1079(j)(2), Medicare's OPPS reimbursement methodology to include specific coding requirements, ambulatory payment classifications (APCs), nationally established APC amounts and associated adjustments (e.g., discounting for multiple surgery procedures, wage adjustments for variations in labor-related costs across geographical regions and outlier calculations). During the transition to OPPS, temporary deviations from Medicare's statutory and/or regulatory requirements and future changes arising from its continuing experience with OPPS may be granted for any TRICARE network hospital by the Director, TRICARE Management Activity (TMA), or a designee, to accommodate CHAMPUS' unique benefit structure and beneficiary population. In addition, the Director, TMA, or a designee, may at any time after implementation adopt, modify and/or extend temporary adjustments to OPPS payments for TRICARE network hospitals deemed essential for military readiness and deployment in time of contingency operations. Any temporary adjustment to OPPS payments shall be made only on the basis of a determination that it is impracticable to support military readiness or contingency operations by making OPPS payments in accordance with the same reimbursement rules implemented by Medicare. The criteria for adopting, modifying, and/or extending deviations and/or adjustments to OPPS payments shall be issued through TRICARE policies, instructions, procedures and guidelines as deemed appropriate by the Director, TMA, or a designee.
(d)* * *
(1)*In general.* CHAMPUS pays institutional facility costs for ambulatory surgery on the basis of prospectively determined amounts, as provided in this paragraph, with the exception of ambulatory surgery procedures performed in hospital outpatient departments, which are to be reimbursed in accordance with the provisions of paragraph (a)(5)(ii) of this section. This payment method is similar to that used by the Medicare program for ambulatory surgery. This paragraph applies to payment for freestanding ambulatory surgical centers. It does not apply to professional services. A list of ambulatory surgery procedures subject to the payment method set forth in the paragraph shall be published periodically by the Director, TRICARE Management Activity (TMA). Payment to freestanding ambulatory surgery centers is limited to these procedures. March 21, 2008. L. M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E8-6514 Filed 3-31-08; 8:45 am] BILLING CODE 5001-06-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2007-0645; FRL-8549-3] Approval and Promulgation of Air Quality Implementation Plans; Wyoming; Revisions to New Source Review Rules AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve the State Implementation Plan
(SIP)revisions submitted by the State of Wyoming on December 13, 2006. The proposed revisions modify the State's Prevention of Significant Deterioration
(PSD)regulations to address changes to the federal NSR regulations promulgated by EPA on December 31, 2002, and reconsidered with minor changes on November 7, 2003. The State of Wyoming has a federally-approved PSD program for new and modified sources impacting attainment areas in the State. Wyoming does not have a Nonattainment New Source Review
(NNSR)program. This action is being taken under section 110 of the Clean Air Act. DATES: Comments must be received on or before May 1, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-OAR-2007-0645, by one of the following methods: • *http://www.regulations.gov.* Follow the on-line instructions for submitting comments. • *E-mail: videtich.callie@epa.gov* and *mastrangelo.domenico@epa.gov.* • *Fax:*
(303)312-6064 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT if you are faxing comments). • *Mail:* Callie Videtich, Director, Air Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. • *Hand Delivery:* Callie Videtich, Director, Air Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129. Such deliveries are only accepted Monday through Friday, 8 a.m. to 4:55 p.m., excluding Federal holidays. Special arrangements should be made for deliveries of boxed information. Special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-R08-OAR-2007-0645. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA, without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* For additional instructions on submitting comments, go to Section I. General Information of the SUPPLEMENTARY INFORMATION section of this document. *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly-available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129. EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8 a.m. to 4 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Domenico Mastrangelo, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129,
(303)312-6436, *mastrangelo.domenico@epa.gov.* SUPPLEMENTARY INFORMATION: Definitions For the purpose of this document, we are giving meaning to certain words or initials as follows:
(i)The words or initials *Act* or *CAA* mean or refer to the Clean Air Act, unless the context indicates otherwise.
(ii)The words *EPA, we, us* or *our* mean or refer to the United States Environmental Protection Agency.
(iii)The initials *SIP* mean or refer to State Implementation Plan.
(iv)The words *State* or *Wyoming* mean the State of Wyoming unless the context indicates otherwise. Table of Contents I. General Information What Should I Consider as I Prepare My Comments for EPA? II. What is being addressed in this document? III. What is the State process to submit these materials to EPA? IV. What are the changes that EPA is approving? V. What action is EPA taking today? VI. Statutory and Executive Order Reviews I. General Information What should I consider as I prepare my comments for EPA? 1. *Submitting CBI.* Do not submit CBI to EPA through *http://www.regulations.gov* or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for Preparing Your Comments.* When submitting comments, remember to: a. Identify the rulemaking by docket number and other identifying information (subject heading, **Federal Register** date and page number). b. Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations
(CFR)part or section number. c. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. d. Describe any assumptions and provide any technical information and/or data that you used. e. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. f. Provide specific examples to illustrate your concerns, and suggest alternatives. g. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. h. Make sure to submit your comments by the comment period deadline identified. II. What is being addressed in this document? EPA is proposing to approve the revisions to Chapter 6, Section 4 of the Wyoming Air Quality Standards and Regulations (WAQS&R) submitted by the State on December 13, 2006 that relate to the State PSD construction permit programs. The revisions to the State PSD SIP were adopted by the Wyoming Environmental Quality Council
(EQC)on July 27, 2006 and became effective October 6, 2006. Wyoming's PSD program had first been approved by EPA into the State SIP on September 6, 1979 (44 FR 51977). On December 31, 2002, EPA published revisions to the Federal PSD and non-attainment NSR regulations in 40 Code of Federal Regulations
(CFR)Parts 51 and 52 (67 FR 80186). This action was reconsidered with minor changes on November 7, 2003 (68 FR 63021). Collectively, these two final actions are referred to as the “NSR Reform” regulations and became effective nationally in areas not covered by a SIP on March 3, 2003. These regulatory revisions included provisions for baseline emissions determinations, actual-to-future-actual methodology, plantwide applicability limits (PALs), Clean Units, and Pollution Control Projects (PCPs). As stated in the December 31, 2002 rulemaking, State and local permitting agencies must adopt and submit revisions to their part 51 permitting programs implementing the minimum program elements (67 FR 80240). With the December 13, 2006 submittal, Wyoming requested approval of program revisions into the State SIP that satisfy this requirement. In the November 7, 2003 reconsideration noted earlier, EPA clarified two provisions in the regulations by including a definition of “replacement unit” and by clarifying that the PALs baseline calculation procedures for newly constructed units do not apply to modified units (68 FR 63021). On June 24, 2005, the United States Court of Appeals for the District of Columbia Circuit issued a ruling on challenges to the December 2002 NSR Reform revisions, *State of New York et al.* v. *EPA,* 413 F.3d 3 (D.C. Cir. 2005). Although the Court upheld most of EPA's rules, it vacated both the Clean Unit
(CU)and the PCP provisions and remanded back to EPA the recordkeeping provisions at 40 CFR 52.21(r)(6) that required a stationary source to keep records of projects when there was a “reasonable possibility” that the project could result in a significant emissions increase. EPA brought its NSR Reform regulations in conformity with the Court's June 24, 2005 ruling in a final rulemaking published on June 13, 2007 (72 FR 32526). In this action, EPA removed from the Code of Federal Regulations
(CFR)the PCP and CU provisions contained in sections 40 CFR 51.165, 51.166, and 52.21. On October 27, 2003 EPA published a rulemaking action related to, but not part of, the 2002 NSR Reform. EPA published the Routine Equipment Replacement Provision
(ERP)amendments (68 FR 61248) which specified at 40 CFR 51.166(b)(2)(iii)(a) the criteria for the routine replacement of equipment. On December 24, 2003 the Court of Appeals for the DC Circuit on challenges to the October 27, 2003 EPA rulemaking stayed EPA's final Routine Equipment Replacement Provision, *State of New York* v. *EPA, No. 03-1380* . On March 17, 2006, the same Court vacated these provisions. In its revision to Chapter 6, Section 4 of the Wyoming Air Quality Standards and Regulations, Wyoming did not include the vacated Clean Unit, PCP, and ERP provisions. III. What is the State process to submit these materials to EPA? Section 110(k) of the CAA addresses EPA's actions on submissions of revisions to a SIP. The CAA requires States to observe certain procedural requirements in developing SIP revisions for submittal to EPA. Section 110(a)(2) of the CAA requires that each SIP revision be adopted after reasonable notice and public hearing. This must occur prior to the revision being submitted by a state to EPA. The Wyoming Air Quality Division
(AQD)held a public hearing on July 18, 2006 to propose revisions consistent with the EPA 2002 NSR Reform to Chapter 6, Permitting Requirements, Section 4, Prevention of Significant Deterioration (PSD). The revised PSD provisions were adopted on July 27, 2006, effective October 6, 2006. The Governor submitted these SIP revisions to EPA on December 13, 2006. We have evaluated the Governor's submittal of the PSD SIP revisions and have determined that the State met the requirements for reasonable notice and public hearing under Section 110(a)(2) of the CAA. IV. What are the changes that EPA is approving? EPA is proposing to approve revisions to the Wyoming SIP that would bring the State PSD program provisions in conformity with the 2002 NSR Reform Rules. Wyoming sought to develop a regulatory program that closely reflects the federal NSR regulations and conforms to the requirements of 40 CFR 51.166. The revised PSD provisions reflect the body of EPA NSR Reform rules promulgated in the December 31, 2002 **Federal Register** (67 FR 80186) and related courts decisions that stayed or vacated portions of EPA's final rulemakings. The following is an examination of only those few areas in which the State of Wyoming altered the Federal regulatory text or approach. A detailed comparison of Chapter 6, Section 4 of the WAQS&R to the Federal requirements at 40 CFR 52.166 can be found in the Technical Support Document prepared for this rulemaking. The revised Chapter 6, Section 4 of the WAQS&R submitted to EPA on December 13, 2006 does not include the Equipment Replacement Provision
(ERP)promulgated by EPA in its October 27, 2003 final rulemaking. The ERP rule was stayed by the United States Court of Appeals for the District of Columbia in a December 24, 2003 decision— *State of New York et al.* v. *EPA* , 413 F3.d 3 (DC Cir. 2005). The same Court vacated the ERP rules on March 17, 2006. Also, the Wyoming revised NSR SIP does not include Pollution Control Projects and Clean Unit provisions, that were vacated by the United States Court of Appeals for the District of Columbia on June 24, 2005. 1 1 EPA removed these provisions from the 40 CFR 52.165, 52.166 and 52.21 on June 13, 2007 (72 FR 32526). As noted earlier, this Court decision also remanded back to EPA the recordkeeping provisions at 40 CFR 52.21(r)(6). The phrase “reasonable possibility” used in the federal rule at 40 CFR 52.21(r)(6) limits the recordkeeping provisions to modifications at facilities that use the actual-to-future-actual methodology to calculate emissions changes and that may have a “reasonable possibility” of a significant emissions increase. The revised PSD rules submitted by the State of Wyoming in December 2006 do include recordkeeping requirements at Chapter 6, Section 4(b)(i)(H)(I): “Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information....” This language lacks the “reasonable possibility” phrase objected to by the Court, and sets requirements that are more stringent than the equivalent EPA provisions in the 2002 NSR Reform rules. It is therefore, approvable. During the year since the State of Wyoming submitted the recordkeeping requirements provisions of Chapter 6, Section 4(b)(i)(H)(I) being approved in this action, EPA addressed the Court remand on the “reasonable possibility” language omitted in the Wyoming SIP. On March 8, 2007 EPA proposed two alternative options to clarify what constitutes “reasonable possibility” (72 FR 10445). Based on the public comments received, EPA identifies in a December 21, 2007 final rulemaking the criteria triggering the “reasonable possibility” recordkeeping and reporting standard for the 2002 NSR reform rules (72 FR 72607). To make the State NSR SIP provisions consistent with the EPA December 21, 2007 rulemaking and maintain the current recordkeeping provisions of Chapter 6, Section 4(b)(i)(H)(I), Wyoming needs to submit a notice to EPA within 3 years to acknowledge that their regulations fulfill these requirements. The Wyoming PSD revisions do not address the definition of “replacement unit” approved by EPA in the November 7, 2003 reconsideration of the 2002 NSR Reform. This omission was based on the State understanding that the NSR Reform Rules contained “replacement unit” references only within the PCPs and CU provisions that Wyoming, as noted above, has not adopted. As the State realized that both its revised and its EPA-approved NSR SIPs include a reference to “replacement unit” in their definition of “Net emission increase” at Chapter 6, Section 4(a)(viii), the State addressed this issue to the satisfaction of EPA. In an exchange of e-mails with EPA on August 13 and September 5, 2007 (included as part of the docket for this action), the State of Wyoming indicated its agreement with EPA's interpretation of the definition of “replacement unit” detailed in the EPA “Technical Support Document
(TSD)for the Prevention of Significant Deterioration
(PSD)and Nonattainment Area New Source Review (NSR): Reconsideration.” This TSD was posted in support of EPA's November 7, 2003 Reconsideration Notice on the public Docket ID No. A-2001-0004. In response to a public comment for that 2003 rulemaking, EPA wrote: “We do not believe that adding a definition of replacement unit is essential for implementing the provisions as finalized in the December 2002 final rules because the preamble in the 1992 WEPCO rules spoke to this issue (see 57 FR 32324); and, we have historically applied this approach for determining whether an emissions unit is a replacement unit. Nevertheless, we do agree with the commenter that it would be convenient to have this definition within the regulatory text to improve the overall clarity of the rule. Accordingly, the **Federal Register** announcing our final decisions on reconsideration also contains amendatory language to add this definition to the final rules. * * *” (TSD, page 98). Therefore, EPA recommends that the State of Wyoming make its PSD SIP formally consistent with the Federal language by adopting the definition of “replacement unit” in a future rulemaking. However, the omission of this definition from Wyoming's PSD regulations is approvable since EPA indicated in the 2003 rulemaking that this definition was added to provide clarity. The requirements included in Wyoming's PSD program, as specified in Chapter 6, Section 4, are substantively the same as the federal provisions. As part of its review of the Wyoming submittal, EPA performed a line-by-line review of the proposed revisions and has determined that they are consistent with the program requirements for the preparation, adoption and submittal of implementation plans for the Prevention of Significant Deterioration of Air Quality, as set forth at 40 CFR 51.166. V. What action is EPA taking today? EPA is proposing to approve the revisions to the Wyoming Air Quality Standards and Regulations, Chapter 6, Section 4, Prevention of Significant Deterioration submitted to EPA by the State of Wyoming on December 13, 2006. VI. Statutory and Executive Order Reviews Executive Order 12866; Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use Because it is not a “significant regulatory action” under Executive Order 12866 or a “significant energy action,” as that term is defined in Executive Order 13211, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). Regulatory Flexibility Act This proposed action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Unfunded Mandates Reform Act Because this rule proposes to approve pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). Executive Order 13175 Consultation and Coordination With Indian Tribal Governments This proposed rule does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). Executive Order 13132 Federalism This action does not have Federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely proposes to approve a state rule implementing a federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. Executive Order 13045 Protection of Children From Environmental Health and Safety Risks This proposed rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it proposes to approve a state rule implementing a Federal standard. National Technology Transfer Advancement Act In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the state to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. Paperwork Reduction Act This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 *et seq.* Dated: March 20, 2008. Carol Rushin, Acting Regional Administrator, Region 8. [FR Doc. E8-6642 Filed 3-31-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA-HQ-OAR-2005-0155; FRL-8547-3] RIN 2060-AO52 National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to amend the national perchloroethylene air emission standards for dry cleaning facilities promulgated on July 27, 2006 (71 FR 42724), under the authority of section 112 of the Clean Air Act. These amendments to the national perchloroethylene air emission standards for dry cleaning facilities would correct applicability cross references that were not correctly amended between the most recent proposed and final rule revisions, and would clarify that condenser performance monitoring may be done by either of two prescribed methods (pressure or temperature), regardless of whether an installed pressure gauge is present. Without these amendments, new area sources could erroneously be required to perform monitoring that was proposed for only major sources, and installed condenser performance gauge readings could be required of sources when a prescribed temperature method is just as valid for compliance purposes. In the “Rules and Regulations” section of this **Federal Register** , we are issuing these corrections as a direct final rule with this parallel proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule. DATES: Written comments must be received on or before May 16, 2008. *Public Hearing:* If anyone contacts EPA requesting to speak at a public hearing concerning this rulemaking by April 11, 2008, we will hold a public hearing on April 16, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2005-0155 by one of the following methods:
(1)*http//www.regulations.gov:* Follow the on-line instructions for submitting comments.
(2)*E-mail: a-and-r-docket@epa.gov* and *johnson.warren@epa.gov.*
(3)*Facsimile:*
(202)566-9744 and
(919)541-3470.
(4)*Mail* : U.S. Postal Service, send comments to: Air and Radiation Docket, Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two copies.
(5)*Hand Delivery:* Deliver in person, or by courier deliveries to: EPA Docket Center, Public Reading Room, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. We request that a separate copy also be sent to the contact person listed below (see FOR FURTHER INFORMATION CONTACT ). *Public Hearing:* If you are interested in attending the public hearing, contact Ms. Joan Rogers at
(919)541-4487 to verify that a hearing will be held. If a public hearing is held, it will be held at 10 a.m. at EPA's Campus located at 109 T.W. Alexander Drive in Research Triangle Park, NC, or an alternate site nearby. If no one contacts EPA requesting to speak at a public hearing concerning this rule by April 11, 2008 this meeting will be cancelled without further notice. FOR FURTHER INFORMATION CONTACT: Mr. Warren Johnson, Sector Policies and Programs Division, Office of Air Quality Planning and Standards (E143-03), Environmental Protection Agency, Research Triangle Park, North Carolina 27711, telephone number
(919)541-5124, electronic mail address *johnson.warren@epa.gov.* SUPPLEMENTARY INFORMATION: The information presented in this document is organized as follows: I. Why is EPA issuing the proposed rule? II. Does this action apply to me? III. Where can I get a copy of this document? IV. Statutory and Executive Order Reviews I. Why Is EPA Issuing the Proposed Rule? In the “Rules and Regulations” section of this **Federal Register** , we are issuing these corrections as a direct final rule with this parallel proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule. On September 22, 1993, EPA promulgated National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities (58 FR 49376). These standards are codified at 40 CFR part 63, subpart M. On December 21, 2005, EPA proposed revisions to the National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities (70 FR 75884) and on July 27, 2006, EPA promulgated final revisions to the National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities (71 FR 42724). This document proposes to make certain technical and editorial corrections to these final revisions. We have published a direct final rule correcting the area source NESHAP 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 take no further action on this proposed rule. If we receive adverse comment, we will publish a timely withdrawal in the **Federal Register** informing the public that some or all of the amendments in this rule will not take effect. We will address all public comments received on this proposed rule in a subsequent final rule, and we will not institute a second comment period on this proposed rule. Any parties interested in commenting on the proposed rule must do so at this time. For further information about commenting on the rule, see the ADDRESSES section of this document. II. Does This Action Apply to Me? The categories and entities potentially regulated by the final rule are industrial and commercial perchloroethylene
(PCE)dry cleaners. This proposal would affect the following categories of sources: Category NAICS 1 code Examples of potentially regulated entities Coin-operated Laundries and Dry Cleaners 812310 Dry-to-dry machines. Transfer machines. Dry Cleaning and Laundry Services (except coin-operated) 812320 Dry-to-dry machines. Transfer machines. Industrial Launderers 812332 Dry-to-dry machines. Transfer machines. 1 North American Industry Classification System. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by the final rule. To determine whether your facility is regulated by the final rule, you should examine the applicability criteria in 40 CFR 63.320. If you have any questions regarding the applicability of the final rule to a particular entity, contact the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. III. Where Can I Get a Copy of This Document? In addition to being available in the docket, an electronic copy of this proposed action will also be available on the Worldwide Web
(WWW)through the Technology Transfer Network (TTN). Following signature, a copy of this proposed action will be posted on the TTN's policy and guidance page for newly proposed or promulgated rules at the following address: *http://www.epa.gov/ttn/oarpg/.* The TTN provides information and technology exchange in various areas of air pollution control. IV. Statutory and Executive Order Reviews For the discussion of administrative requirements for this proposed rule, see the direct final rule action in the “Rules and Regulations” section of today's **Federal Register** . List of Subjects in 40 CFR Part 63 Environmental protection, Air pollution control, Hazardous substances, Reporting and recordkeeping requirements. Dated: March 20, 2008. Stephen L. Johnson, Administrator. [FR Doc. E8-6548 Filed 3-31-08; 8:45 am] BILLING CODE 6560-50-P 73 63 Tuesday, April 1, 2008 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request March 27, 2008. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding
(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility and clarity of the information to be collected;
(d)ways to 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 should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), *OIRA_Submission@OMB.EOP.GOV* or fax
(202)395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling
(202)720-8681. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Forest Service *Title:* State Petitions for Roadless Management. *OMB Control Number:* 0596-0178. *Summary of Collection:* The Forest Service
(FS)has the authority to collect relevant information pertinent to the management of national forests. The current United States Code outlines these authorities in U.S.C. Title 16 (Sections 475 and 511) derived from the National Forest Organic Act of 1897 and the U.S.C. Title 16 (Sections 1600-1604, 1608-1610, and 1611-1613) based on the Forest and Rangeland Renewable Resources Planning Act of 1974 and the National Forest Management Act of 1976. On January 12, 2001, the USDA promulgated the Roadless Rule at 36 CFR 294. The Rule changed the FS's longstanding approach to management of inventoried roadless areas by establishing nationwide prohibitions limiting, with some exceptions, timber harvest, road construction, and road reconstruction within inventoried roadless areas on National Forest System
(NFS)lands. Prior to the Roadless Rule, management direction for these areas was developed for each individual NFS unit through the local land management planning process. During the development of the Roadless Rule, several western state governors requested and were denied cooperating agency status to assist with the preparation of the rule and accompanying environmental impact statement. After the decision, the FS established an individual state petitioning process in 36 CFR Part 294. State and territorial governors use the petitioning process to seek establishment of management requirements for NFS inventoried roadless areas with their states. *Need and Use of the Information:* FS will collect information from the petition that shall include the following:
(1)The location and description of the particular lands for which the petition is being made;
(2)the particular management requirements sought and any exceptions;
(3)the identification of the circumstances and needs intended to be addressed by the petition;
(4)a description of how the management requirements identified in
(2)differ from the existing applicable land management;
(5)a description of how the management requirements identified in item
(2)compare to existing state land conservation policies and direction set forth in any applicable state land and resource management plan;
(6)a description of how the recommended management requirements identified in item
(2)would affect fish and wildlife that utilize the particular lands in question; and
(7)a description of any public involvement efforts undertaken by the state during development of the petition, including efforts to engage local governments, and: persons with expertise in fish and wildlife biology, fish and wildlife management, forest management outdoor recreation, and other important disciplines. *Description of Respondents:* State, Local or Tribal Government. *Number of Respondents:* 12. *Frequency of Responses:* Reporting: On occasion. *Total Burden Hours:* 12,000. Charlene Parker, Departmental Information Collection Clearance Officer. [FR Doc. E8-6647 Filed 3-31-08; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request March 27, 2008. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding
(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility and clarity of the information to be collected;
(d)ways to 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 should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), *OIRA_Submission@OMB.EOP.GOV* or fax
(202)395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling
(202)720-8681. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Agricultural Marketing Service *Title:* Regulations Governing the Voluntary Grading of Shell Eggs. *OMB Control Number:* 0581-0128. *Summary of Collection:* The Agricultural Marketing Act of 1946 (60 Stat. 1087-1091, as amended; 7 U.S.C. 1621-1627)
(AMA)directs and authorizes the Department to develop standards of quality, grades, grading programs, and services to enable a more orderly marketing of agricultural products so trading may be facilitated and so consumers may be able to obtain products graded and identified under USDA programs. The Agricultural Marketing Service
(AMS)carries out regulations, which provide a voluntary program for grading shell eggs on the basis of U.S. standards, grades, and weight classes. In addition, the shell egg industry and users of the products have requested that other types of voluntary services be developed and provided under these regulations. This program is voluntary where respondents would need to request or apply for the specific service they wish. *Need and Use of the Information:* Only authorized representatives of the USDA use the information collected. The information is used to administer, conduct and carry out the grading services requested by the respondents. If the information were not collected, the agency would not be able to provide the voluntary grading service authorized and requested by Congress, provide the types of services requested by industry, administer the program, ensure properly grade-labeled products, calculate the cost of the service or collect for the cost furnishing service. *Description of Respondents:* Business or other for profit. *Number of Respondents:* 630. *Frequency of Responses:* Reporting: On occasion; Semi-annually; Monthly; Annually; Other (daily). *Total Burden Hours:* 5,514. Charlene Parker, Departmental Information Collection Clearance Officer. [FR Doc. E8-6653 Filed 3-31-08; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2008-0035] Notice of Request for Extension of Approval of an Information Collection; Hawaiian and Territorial Quarantine Notices AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Extension of approval of an information collection; comment request. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request an extension of approval of an information collection associated with regulations to prevent the interstate spread of plant pests from Hawaii and U.S. territories. DATES: We will consider all comments that we receive on or before June 2, 2008. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS- 2008-0035* to submit or view comments and to view supporting and related materials available electronically. • Postal Mail/Commercial Delivery: Please send two copies of your comment to Docket No. APHIS-2008-0035, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2008-0035. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov.* FOR FURTHER INFORMATION CONTACT: For information regarding regulations for the movement of fruits and vegetables from Hawaii and U.S. territories, contact Mr. David Lamb, Import Specialist, Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737;
(301)734-4312. For copies of more detailed information on the information collection, contact Mrs. Celeste Sickles, APHIS' Information Collection Coordinator, at
(301)734-7477. SUPPLEMENTARY INFORMATION: *Title:* Hawaiian and Territorial Quarantine Notices. *OMB Number:* 0579-0198. *Type of Request:* Extension of approval of an information collection. *Abstract:* As authorized by the Plant Protection Act (7 U.S.C. 7701 *et seq.* ) (PPA), the Secretary of Agriculture may prohibit or restrict the importation, entry, exportation, or movement in interstate commerce of any plant, plant product, biological control organism, noxious weed, means of conveyance, or other article if the Secretary determines that the prohibition or restriction is necessary to prevent a plant pest or noxious weed from being introduced into or disseminated within the United States. This authority has been delegated to the Animal and Plant Health Inspection Service (APHIS), which administers regulations to implement the PPA. Regulations governing the interstate movement of plants and plant products from Hawaii and U.S. territories, including Guam, Puerto Rico, and the U.S. Virgin Islands, are contained in 7 CFR part 318, “Hawaiian and Territorial Quarantine Notices.” These regulations are necessary to prevent the interstate spread of plant pests such as the Mediterranean fruit fly, the melon fly, the Oriental fruit fly, green coffee scale, the bean pod borer, and other plant pests to noninfested areas of the United States. Administering these regulations requires APHIS to collect information from a variety of individuals who are involved in growing, packing, handling, and transporting plants and plant products. This information serves as supporting documentation required for the issuance of forms and documents that authorize the movement of regulated articles and is vital to help ensure that injurious plant pests are not spread interstate from Hawaii and U.S. territories to noninfested areas of the United States. We are asking the Office of Management and Budget
(OMB)to approve our use of these information collection activities for an additional 3 years. The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning our information collection. These comments will help us:
(1)Evaluate whether the 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 our estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies; e.g., permitting electronic submission of responses. *Estimate of burden:* The public reporting burden for this collection of information is estimated to average 0.0786158 hours per response. *Respondents:* State plant regulatory officials, irradiation facility personnel, and individuals involved in growing, packing, handling, and transporting plants and plant products. *Estimated annual number of respondents:* 1,129. *Estimated annual number of responses per respondent:* 11.108945. *Estimated annual number of responses:* 12,542. *Estimated total annual burden on respondents:* 986 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.) All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Done in Washington, DC, this 27th day of March 2008. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E8-6649 Filed 3-31-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Foreign Agricultural Service Notice of Request for New Information Collection on Genetic Resources for U.S. Food and Agriculture AGENCY: Foreign Agricultural Service, USDA. ACTION: Notice and request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Foreign Agricultural Service's intention, in collaboration with the University of Illinois, to request a new information collection for genetic resources relevant to U.S. food and agriculture. DATES: Comments and recommendations must be received on or before June 2, 2008. Comments received after this date will not be considered. FOR FURTHER INFORMATION CONTACT: Dr. Jennifer Long, Visiting Assistant Research Professor, Department of Biological Sciences, University of Illinois, 845 W. Taylor Street (MC 066), Chicago, IL 60607, e-mail at *vernlong@uic.edu* . SUPPLEMENTARY INFORMATION: *Title:* Food and Agricultural Genetic Resources. *OMB Number:* To be assigned by OMB. *Expiration Date of Approval:* Three years from approval date. *Type of Request:* New information collection. *Abstract:* The Foreign Agricultural Service, in collaboration with the University of Illinois, will be gathering information on the international sources and uses of genetic resources relevant to U.S. food and agriculture. FAS and other USDA agencies would like to obtain information from a broad base of stakeholders on how the sources and uses of genetic resources may affect U.S. food and agricultural research and development activities. This information will assist FAS in further developing U.S. policy positions to be advanced in international forums such as the United Nations Food and Agricultural Organization (UN FAO) Commission on Genetic Resources for Food and Agriculture and the United Nations Environmental Program
(UNEP)Convention on Biological Diversity. Information collected from stakeholders will consist of an online survey, followed by a phone interview, to identify the sources and uses of genetic resources in the stakeholders' research and development activities. A maximum of two additional phone interviews may be held with respondents to clarify information from survey responses. Authority to collect this information falls under 7 U.S.C. Part 5693 and it is voluntary for stakeholders to participate. The data will be collected through a secure, online survey instrument and will be stored on a secure, password protected server at the University of Illinois. Only individuals with proper authorization (i.e., a password) will have access to the data. *Estimate of Burden:* Public reporting burden for this collection of information is estimated to average 1.50 hours per response. *Type of Respondents:* Individual faculty and administrators in public and private U.S. universities, businesses, and individual researchers at federal agricultural research institutions. *Estimated Number of Respondents:* 5,000 per annum. *Estimated Number of Responses:* 5,900 per annum. *Estimated Total Annual Burden on Respondents:* 9,900 per annum. *Comments are invited on:*
(1)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)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. Copies of the information collection may be obtained from Tamoria Thompson-Hall, the Agency Information Collection Coordinator, at
(202)690-1690 or e-mail at *Tamoria.Thompson@usda.gov* . Comments may be sent to Dr. Jennifer Long, Visiting Assistant Research Professor, Department of Biological Sciences, University of Illinois, 845 West Taylor Street (MC 066), Chicago, IL 60607 or e-mail at *vernlong@uic.edu* or to the Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. All comments received will be available for public inspection during regular business hours by contacting Peter Tabor, Lead International Trade Specialist, at the Foreign Agricultural Service of the U.S. Department of Agriculture, 1400 Independence Avenue, SW., South Building, Room 5930, Washington, DC 20250. Persons with disabilities who require an alternative means of communication of information (Braille, large print, audiotape, etc.) should contact USDA's Target Center at
(202)720-2600 (voice and TDD). All responses to this notice will be summarized and included in the request for OMB approval of the proposed information collection. All comments will become a matter of public record. *Government Paperwork Elimination Act:* FAS is committed to compliance with the Government Paperwork Elimination Act, which requires Government agencies, in general, to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. Signed at Washington, DC, on March 19, 2008. Michael W. Yost, Administrator, Foreign Agricultural Service. [FR Doc. E8-6506 Filed 3-31-08; 8:45 am] BILLING CODE 3410-10-M DEPARTMENT OF AGRICULTURE Forest Service Klamath National Forest, California, Eddy Gulch Late-Successional Reserve Fire/Habitat Protection Project AGENCY: Forest Service, USDA. ACTION: Notice of Intent to prepare an Environmental Impact Statement. SUMMARY: The Klamath National Forest will prepare an environmental impact statement
(EIS)to document and publicly disclose the environmental effects of implementing mechanical, manual, and prescribed burn treatments in the Eddy Gulch Late-Successional Reserve (LSR). DATES: Comments concerning the scope of the analysis must be received within 30 days of the publication of this notice in the **Federal Register** . The draft EIS is expected in late fall of 2008, and the final EIS and Forest Service Record of Decision are expected in spring of 2009. ADDRESSES: Send written comments to RED, Inc. Communications, the contractor hired by the Forest Service to conduct project planning and prepare the EIS. The mailing address is RED, Inc. Communications, P.O. Box 3067, Idaho Falls, ID, 83403, ATTN: Eddy Gulch LSR Project. The address for e-mailing comments is *eddylsr@redinc.com* . The project Web site is *http://www.eddylsrproject.com* . FOR FURTHER INFORMATION: Visit the project Web site at *http://www.eddylsrproject.com* or contact Ray Haupt, Scott and Salmon River District Ranger, Klamath National Forest, 11263 N. Highway 3, Fort Jones, California 96032 or call 530-468-5351 SUPPLEMENTARY INFORMATION: Background On July 1, 2007, the Eddy Gulch LSR Project was included under the category of “developing proposal” in the Klamath National Forest's Schedule of Proposed Actions, which was posted on the Klamath National Forest's Web site. The Healthy Forest Restoration Act, Northwest Forest Plan (as incorporated in the Klamath National Forest Land and Resource Management Plan of 1995), and National Fire Plan direct agencies to conduct projects for habitat restoration and protection from catastrophic wildfire. Section 7(a)(1) of the Endangered Species Act directs federal agencies to carry out programs for the conservation of threatened and endangered species. The Eddy Gulch LSR is on the Scott-Salmon River Ranger District, Klamath National Forest, Siskiyou County, California. The LSR is located mostly west of Etna Summit, south of North Russian Creek and the town of Sawyers Bar, east of Forks of Salmon, and north of Cecilville. The LSR encompasses much of the area between the North and South Forks of the Salmon River, as well as headwaters of Etna Creek. Elevations range from 1,100 feet to about 8,000 feet. The LSR is about 61,900 acres in size, making it one of the largest LSRs on the Klamath National Forest. The Assessment Area (37,239 acres) for the EIS is the Eddy Gulch LSR minus the portions in designated roadless areas and that portion of the LSR east of Etna Summit. The goal of the Eddy Gulch Late-Successional Reserve Fire/Habitat Protection Project (Eddy Gulch LSR Project) EIS is to present an ecosystem-based approach for ensuring the safety of persons and communities and maintaining, protecting, and improving conditions of late-successional forest ecosystems, which serve as habitat for late-successional-associated species. This would be accomplished through fuels reduction and habitat development treatments using mechanical, manual, and prescribed fire treatment methods. The initial mailing list for the project contained entities and individuals who were interested in past Klamath National Forest projects. Names and addresses were added to the mailing list based on zip codes in the vicinity of the Eddy Gulch LSR and attendance records from citizen collaboration meetings. The current mailing contains approximately 1,200 names and addresses of potentially affected Native American tribes, individuals, agencies with special expertise, organizations, and businesses. The first project newsletter was mailed in October 2007 to members of the mailing list, and a Web page was developed to provide additional information on the project: *http://www.eddylsrproject.com* . On December 3, 2003, President Bush signed into law the Healthy Forests Restoration Act to reduce the threat of destructive wildfires while upholding environmental standards and encouraging early public input during review and planning processes. The legislation is based on sound science and helps further the President's Healthy Forests Initiative pledge to care for America's forests and rangelands, reduce the risk of catastrophic fire to communities, help save the lives of firefighters and citizens, and protect threatened and endangered species. The Healthy Forests Restoration Act contains a variety of provisions to speed up hazardous fuels reduction and forest restoration projects on specific types of federal lands that are at risk of wildland fire and/or insect and disease epidemics. The Healthy Forests Restoration Act established important objectives to fulfill that pledge; a few of those objectives are to: 1. Strengthen public participation in developing high-priority forest health projects by providing opportunities for earlier participation, thus accomplishing projects in a more timely fashion. 2. Reduce dense undergrowth that fuels catastrophic [stand-replacing] fires through thinning and prescribed burns. 3. Select projects on a collaborative basis, involving local, tribal, state, and federal agencies and nongovernmental entities. 4. Focus projects on federal lands that meet strict criteria for risk of wildfire. The potential for large, high-intensity fire is a primary concern in the Eddy Gulch LSR. Current management issues [needs] include the reduction of high fire hazard conditions, protection and/or development of late-successional habitat, and the protection of areas that may have watershed-related features at risk. Also of concern is the protection of private property and emergency access routes that pass through the LSR. The Proposed Action addresses these management needs. The proposed treatment locations and treatments were developed in response to protection targets identified in the Salmon River Community Wildfire Protection Plan, Black Bear Ranch Cooperative Fire Safe Plan, Rainbow Cooperative Fire Safe Plan, the Stewardship Fireshed Analysis that was conducted for the Eddy Gulch LSR Project, citizen collaboration workshops for the Fireshed Analysis and Eddy Gulch LSR Project, and direction provided by the U.S. Fish and Wildlife Service in Yreka, California. Numerous Forest Service documents guided development of the Proposed Action: The Klamath National Forest Forest-wide Late-Successional Reserve Assessment, Klamath National Forest Land and Resource Management Plan, Upper South Fork Ecosystem Analysis, North Fork Ecosystem Analysis, and Callahan (Main Salmon) Ecosystem Analysis. Purpose of and Need for Action Three primary objectives (purposes) for the Eddy Gulch LSR Project were developed based on differences between existing and desired resource and social conditions (need for the project) in the Eddy Gulch LSR, pertinent laws, and Forest Service direction. 1. *Community Protection* —to reduce wildfire threat to communities and municipal water supplies and increase public and firefighter safety. There is a need, consistent with objectives set forth in the Healthy Forests Restoration Act, to protect wildland-urban interface
(WUI)structures, and related improvements and community access routes, from the threat of high-intensity wildfire outside, or emanating from, the Eddy Gulch LSR. Current and developing conditions in the LSR and along sections of all access roads will likely lead to moderate- and high-intensity fires caused by weather-related events (such as lightening) that will threaten structures, improvements, water sources, and travel routes. 2. *Habitat Protection* —to protect existing and future late-successional habitat from threats (of habitat loss) that occur inside and outside the Eddy Gulch LSR. There is a need to reduce fuel loading and develop a control strategy to reduce the size and severity of future wildfires in the Eddy Gulch LSR in order to continue to meet LSR and Key Watershed objectives for late-successional habitat and the delivery of high-quality cold water. The Eddy Gulch LSR is also within the Salmon River Key Watershed identified under the Northwest Forest Plan as critical for at-risk fish species—the watersheds provide high-quality water and fish habitat. Current risks to forest health throughout the Key Watersheds include vegetative stocking density, insects, and diseases. The exclusion of fire, combined with climatic conditions, has created overstocked stands. Due to fire exclusion and other policies that required the control of all fires, there have been changes in stand structures, including higher densities of ground and ladders fuels such as brush, small trees, and shade-tolerant tree species. Past fire suppression policies of controlling all fires have interrupted the historic role of fire as a thinning agent and for maintaining the volume of ground fuels. This has increased accumulation of dead and down woody material and organic debris (duff and litter) and has led to larger and more intense wildfires in the Klamath Mountains. These intense wildfires can permanently damage soil, degrade watersheds, and remove a high proportion of all vegetation over large areas, thereby slowing natural recovery and increasing impacts. Fire modeling, using current conditions, indicates that under 90th percentile weather (a hot dry August day), 50 percent of the LSR would experience active or passive crown fire. These models indicate the LSR would benefit from treatments to reduce the potential for lethal fire behavior to a level that would be more consistent with LSR, Key Watershed, and community protection objectives. 3. *Habitat Development* —to promote the continued development of late-successional characteristics. There is a need to accelerate the development of late-successional forest characteristics in some existing mid-successional forest stands. Approximately 45,220 acres of the 61,900-acre Eddy Gulch LSR (73 percent) are capable of producing late-successional habitat. Currently, 18,780 acres (or about 42 percent of the 45,220 acres) are currently vegetated by late-successional habitat. The combined acres vegetated by late- and mid-successional forest total 35,710 acres (or about 79 percent of the 45,220 acres). Based on interpretation of stand conditions, past management, expected fire losses, early photos, and an understanding of the disturbance regimes, it has been estimated that the amount of late-successional forest reasonably sustainable in the Eddy Gulch LSR is 45-65 percent of the capable area at any one time. The LSR would be considered functioning if it falls within this identified range. The Klamath National Forest Land and Resource Management Plan specifies that LSRs are to be managed to maximize the amount of late-successional forest to a level reasonably sustainable because surrounding areas of Matrix and private lands are expected to contain relatively little late-successional forest habitat. The above three objectives helped guide the development of the proposed treatments and activities designed to maintain or establish a trend towards desired resource and social conditions. Proposed Action The Proposed Action has been designed to meet the purpose (objectives) of the Eddy LSR Project and satisfy the need for action by using mechanical, manual, and prescribed burn treatments. The proposed treatment acres across the Eddy Gulch LSR Assessment Area are summarized below. The various treatment areas overlap, so the total area proposed for treatment is less than the sum of the acreages shown below: 1,999 acres in 69 mechanical treatment areas in the 20 proposed Fuel Reduction Zones (FRZs). 8,583 acres of underburning in the 20 FRZs. 17,808 acres of underburning in the 11 prescribed burn areas (areas other than in FRZs). 2,251 acres in 6 mechanical treatment areas in the 11 prescribed burn areas. 102 acres in 6 mechanical treatment areas not in an FRZ or prescribed burn area. 70 miles of mechanical treatments along roads. 4.5 miles of temporary road construction to access 885 acres in 14 of the mechanical treatment areas. Twenty Fuel Reduction Zones. An FRZ is a strategically located and designed strip of land on which a portion of the surface fuels (both living and dead), ladder fuels, and canopy fuels are treated (removed, burned, or masticated) in order to limit the potential size of and loss of resources (including homes) from large, high-intensity wildfire. FRZs are wide enough to capture most short-range spot fires within the treated areas and are designed to bring crown fires into surface (ground) fire conditions, as well as to provide safe locations for fire-suppression personnel to take fire-suppression actions during 90th percentile weather conditions. Eighty-one Mechanical Treatment Areas. *Thinning to reduce density* —mechanical treatments would be used to remove or rearrange fuels to reduce crown, ladder, and ground fuels and to shorten the time to reach the desired future conditions compared to the use of prescribed fire alone. Stands would be thinned to reduce stand densities, thereby reducing canopy cover (and the potential for passive and active crown fires. The resulting fuels from thinning would be removed or piled and burned. Thinning activities would also provide an opportunity for biomass utilization of the material. *Thinning to reduce ladder fuels* —thinning smaller diameter trees would increase the distance between the lower limbs of residual trees and brush or ground fuels. Ladder fuels consist of denser conifer vegetation and brush near the forest floor that can extend into residual trees. Ladder fuels increase the likelihood of a ground fire creating enough heat to ignite the ladder fuels (torching), with the subsequent fire reaching the crowns of the largest trees. Crown fires are more intense, harder for firefighters to suppress, and result in more devastating effects. In an effort to reduce the potential for crown fires, ladder fuels would be mechanically treated. After mechanical treatments, the fuels would be removed and treated with prescribed fire or masticated. *Thinning to develop habitat* —Overstocked mid-successional stands experience inter-tree competition that slows the stand's development into late-successional habitat. Thinning these stands from below would maintain or increase growth on the residual trees, thus accelerating the stand's development into late-successional habitat. In an LSR, stands would be considered for treatment only where thinning would increase, by 30 years, the stand's development into late-successional habitat, when compared to the stand's projected natural (unthinned) development. Eleven Prescribed Burn Treatment Areas. Prescribed fire would be used to reduce hazardous fuels and interrupt the horizontal, and sometimes vertical, continuity of flammable materials on the forest floor. *Pile burning* —naturally occurring fuels and thinning residues (branches and limbs) would be piled and burned. *Underburning* —a prescribed burn under an existing canopy of trees (hardwoods or conifers) would be designed to reduce excess live and dead vegetation and scorch to kill vegetation to reduce ladder fuel conditions. Firelines would be constructed by mechanical or manual treatment methods. The mechanical, manual, and prescribed burn treatments are proposed for the following locations: 1. Along ridges—these are the FRZs, which contain plantations, Riparian Reserves, roads, and habitat development areas. 2. Along roads—emergency access routes, open National Forest System roads, and county roads (roads occur inside and outside FRZs). Treatments would occur 200 feet above and 200 feet below roads; some areas along roads could be less than 200 feet due to variability in fuel types (such as brush, grass, or barren areas). 3. CWPP and other fire plan/community protection areas, FWS priority areas, and northern spotted owl activity centers. 4. Areas outside FRZs—includes the underburn areas, which contain plantations; Riparian Reserves; mechanical treatment areas and roads; and owl habitat development areas. Responsible Official Patricia Grantham, Acting Forest Supervisor, USDA Forest Service, 1312 Fairlane Road, Yreka, California 96097, will prepare and sign the Record of Decision at the conclusion of the NEPA review. Nature of Decision To Be Made The Forest Service is the lead agency for the Project. Based on the results of the NEPA analysis, the Forest Supervisor's Record of Decision regarding the Eddy Gulch LSR Project will recommend implementation of one of the following:
(1)The proposed action and mitigation necessary to minimize or avoid adverse impacts;
(2)an alternative to the proposed action and mitigation necessary to minimize or avoid adverse impacts, or
(3)the no-action alternative. The Record of Decision will also document the consistency of the proposed action with the Klamath National Forest Land and Resource Management Plan (Forest Plan) (1995, as amended). Collaboration Process The Forest Service and contractor facilitated 14 collaboration meetings during the planning phase (September 2007-March 2008) for the Proposed Action. The meetings were held in the communities of Sawyers Bar, Forks of Salmon, Orleans, Fort Jones, and Yreka, California. Numerous collaboration meetings were also held with the U.S. Fish and Wildlife Service in Yreka, California. Comments and suggestions provided at the collaboration meetings were used, in part, to design the Proposed Action. Scoping comments will be used to refine the Proposed Action, as will additional data collected during extensive field reconnaissance during the spring and early summer of 2008. Scoping Process—Comments Requested Publication of this Notice of Intent initiates the scoping process for the Eddy Gulch LSR Project. The public is encouraged to take part in the process by reading the scoping information that was distributed by mail, with additional information and maps available on the project website ( *http://www.eddylsrproject.com* ). Comments are welcome throughout the environmental analysis process, but to be most useful for refining the Proposed Action, comments should be post-marked by April 28, 2008. Early Notice of Importance of Public Participation in Subsequent Environmental Review Following the 30-day scoping period announced in this notice, the Forest Service and Contractor will begin preparation of the draft EIS. The comment period on the draft EIS will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the **Federal Register** . The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft EISs must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. *Vermont Yankee Nuclear Power Corp.* v. *NRDC* , 435 U.S. 519, 533 (1978). Also, environmental objections that could be raised at the draft environmental impact statement stage but that are not raised until after completion of the final EIS may be waived or dismissed by the courts. *City of Angoon* v. *Hodel* , 803 F.2d 1016, 1022 (9th Cir. 1986) and *Wisconsin Heritages, Inc.* v. *Harris* , 490 F. Supp. 1334, 1338 (E.D. Wis 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45-day comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final EIS. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft EIS should be as specific as possible. It is also helpful if comments refer to specific line and page numbers of the draft statement. Comments may also address the adequacy of the draft EIS or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21. Dated: March 25, 2008. Patricia A. Grantham, Deputy Forest Supervisor, Klamath National Forest. [FR Doc. E8-6628 Filed 3-31-08; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Forest Service Lake Tahoe Basin Management Unit, California, South Tahoe Greenway Shared-Use Trail Project AGENCY: Forest Service, USDA. ACTION: Revised Notice of Intent
(NOI)to prepare an environmental impact statement. This revised NOI expands upon the information provided in the previous NOI that was circulated by the Lake Tahoe Basin Management Unit for this project on November 29, 2006 (FR Vol. 71, No. 229, pages 69097-69099). New information includes a new alternative trail alignment developed in response to comments received during the November 2006 scoping period. Comments submitted to the Conservancy during the November 2006 scoping period will still be considered during the preparation of the environmental impact statement. SUMMARY: The South Tahoe Greenway Shared-Use Trail is a California Tahoe Conservancy (Conservancy) proposed Class I or better trail that will link Meyers, California to Stateline, Nevada, generally following the former Caltrans U.S. Highway 50 Bypass Corridor. The trail will form the backbone of the bike trail network in South Lake Tahoe and link residential and lodging uses to jobs, schools, shopping, and recreation and community areas. The trail implements specific goals and policies of the Tahoe Regional Planning Agency (TRPA), the USDA Forest Service Lake Tahoe Basin Management Unit (USFS), and Conservancy to provide a non-motorized alternative transportation corridor through South Lake Tahoe. Approximately 0.5 mile of the trail corridor will cross National Forest System lands in approximately six locations. DATES: Comments concerning the scope of the analysis must be received by April 30, 2008. The DEIS is expected by early 2009 and the Final Environmental Impact Statement
(FEIS)is expected by summer 2009. ADDRESSES: Send written comments to: Sue Rae Irelan, Program Coordinator, California Tahoe Conservancy, 1061 Third Street, South Lake Tahoe, CA 96150, e-mail: *sirelan@tahoe.ca.gov* . FOR FURTHER INFORMATION CONTACT: Matt Dickinson, NEPA Coordinator, Lake Tahoe Basin Management Unit, 35 College Drive, South Lake Tahoe, CA 96150, *mattdickinson@fsfed.us* ,
(530)543-2769; or Audrey McCombs, Program Manager, Tahoe Regional Planning Agency, P.O. Box 5310, 128 Market Street, Stateline, NV 89449, *amccombs@trpa.org* ,
(775)589-5234. SUPPLEMENTARY INFORMATION: Purpose and Need for Action: Complete an accessible and continuous shared-use trail from the existing Class I trail in Meyers, California to Stateline, Nevada that establishes a convenient non-auto transportation alternative and high quality recreational experience for residents and visitors. The Lake Tahoe South Shore roadway network suffers from excessive traffic congestion and the resulting degradation of air quality. The South Shore also lacks continuous Class I facilities for bicycles and pedestrians that provide high quality recreational opportunities. Regional planning documents (e.g., TRPA Regional Transportation Plan and Goals and Policies Plan) identify the important role that improvements to the south shore bicycle and pedestrian trail network plays in addressing these problems. *Proposed Action:* The Conservancy is proposing to construct a 9.6-mile long shared-use trail that will provide residents and visitors with a non-motorized, alternative transportation corridor from Meyers, California (near the intersection of U.S. Highway 50 and Pioneer Trail) to Stateline, Nevada (near the proposed Van Sickle Bi-State Park). The South Tahoe Greenway Shared-Use Trail will generally follow the former Caltrans U.S. Highway 50 Bypass Corridor and will also utilize other publicly (including Forest Service) and privately owned lands. *Possible Alternatives:* Potential alternatives include the following:
(1)Use of the new El Dorado County Sawmill Trail (located west of U.S. Highway 50) from Meyers to the intersection of Meadowvale or Elks Club and U.S. Highway 50. This alternative would eliminate the portion of the South Tahoe Greenway Shared-Use Trail located east of U.S. Highway 50 between the intersection of Pioneer Trail and U.S. Highway 50 and the intersection of Meadowvale or Elks Club and U.S. Highway 50;
(2)Use of Pioneer Trail right of way from U.S. Highway 50 to the approximate intersection with Golden Bear Trail, then National Forest System lands to reconnect to the Proposed South Tahoe Greenway Shared-Use Trail alignment near the intersection of Barbara Avenue and Martin Avenue in the Sierra Tract. This alternative would eliminate the portion of the South Tahoe Greenway Shared-Use Trail that travels through the Sunset Stables area, south and east of the Lake Tahoe Airport;
(3)Use of alternative trail design measures (e.g., boardwalks, bridges, porous paving materials) and utilize maximum flexibility allowed by trail design standards and guidelines to reduce or eliminate effects to sensitive resources;
(4)Use of Pioneer Trail right-of-way from its intersection with Ski Run Boulevard to the trail's terminus at the intersection of Pioneer Trail and U.S. Highway 50. This alternative would serve a dense population area, but eliminate the portion of the South Tahoe Greenway Shared-Use Trail located east of Pioneer Trail and Ski Run Boulevard; and
(5)Maximize use of the former U.S. Highway 50 bypass corridor in the Sunset Stables project area located east of the Lake Tahoe Airport by locating the trail in the eastern-most forested area of the Sunset Stables project and at a higher elevation to allow for greater flexibility during future Conservancy design of the Sunset Stables river restoration project. *Lead, Joint Lead, And Cooperating Agencies:* The Conservancy is planning to construct the South Tahoe Greenway Shared-Use Trail. The Conservancy, USFS, and TRPA are preparing a joint Environmental Impact Report (EIR)/Environmental Impact Statement
(EIS)to inform agency decision makers about the potential environmental effects of the project. This joint document will serve as an EIR prepared by the Conservancy (lead CEQA agency) pursuant to the California Environmental Quality Act (CEQA); an EIS prepared by the USFS (lead federal agency) pursuant to the National Environmental Policy Act (NEPA); and an EIS prepared by TRPA pursuant to its regulations. *Responsible Official And Mailing Address:* For the Forest Service Decision, Tern Marceron, Forest Supervisor, Lake Tahoe Basin Management Unit, 35 College Drive, South Lake Tahoe, CA 96150 is the responsible official. *Decision to be Made:* The decision to be made is whether to construct a Class I trail on approximately 0.5 mile of National Forest System land in conjunction with construction of a Class I trail along the former U.S. Highway 50 Bypass right-of-way as described in the proposed action, to implement another combination of activities which meets the purpose and need for action, or to take no action at this time. *Scoping Process:* Public scoping first began in November 2006. Scoping activities included the circulation of a joint NOP of a Draft EIR/EIS by the Conservancy and TRPA, the publication of a NOI to prepare an EIS in the **Federal Register** by the USFS (FR Vol. 71, No. 229, pages 69097-69099), and three public workshops/hearings held to take comment on a proposed South Tahoe Greenway Shared-Use Trail alignment. Several alternatives to portions of the proposed project were also presented. During scoping, the agencies received comments from regulatory agencies and the public that an alternative trail alignment should be developed and studied that would avoid the sensitive lands located east of the Lake Tahoe Airport in the vicinity of the Conservancy owned Sunset Stables and Upper Truckee River meadow. The alternative presented in the 2006 NOP, which avoided this area was strongly opposed by the private property owners across whose property the alternative would travel. As a result, the Conservancy and other lead agencies have identified a new alternative that would parallel Pioneer Trail in the southern portion of the South Tahoe Greenway corridor and avoid the Sunset Stables area. These efforts have resulted in the proposed project and alternatives described in this NOI document. The publication of this Notice of Intent in the **Federal Register** re-initiates public scoping based on the addition of the project alternative described above. Notice of the preparation of the environmental documentation is also being published in a local newspaper (Tahoe Daily Tribune) and mailed to adjacent property owners. Public scoping opportunities with agency staff will be provided on the following dates: The TRPA will hold a public scoping hearing before their Hearings Officer on Thursday, April 17 beginning at 2 p.m. at the TRPA offices, 128 Market Street, Stateline, NV and the Conservancy will hold a public information workshop on Tuesday, April 22 from 6:30 to 8:30 p.m. at the Lake Tahoe Basin Management Unit Forest Supervisors Office, 35 College Drive, South Lake Tahoe, CA. The Forest Service will accept comments at these public meetings. *Preliminary Issues:* During preparation of the Shared-Use Trail Preliminary Concept Plans, the following issues were identified: Disturbance of stream environment zone and the Upper Truckee River floodplain from new trail construction; potential water quality degradation from runoff and erosion from new trail creation; wildlife habitat environmental effects from direct habitat removal and potential habitat degradation from increased visitation to the project area; effects to sensitive vegetation communities and loss of “old growth” trees as defined by the TRPA Code of Ordinances; effects to scenic quality along designated scenic roadways (e.g., U.S. Highway 50 and Pioneer Trail); conflicts (e.g., public safety and traffic flow) with vehicular circulation in neighborhood areas and at roadway intersections; consistency with public safety plans and policies, such as the Lake Tahoe Airport Comprehensive Land Use Plan; consistency with the Lake Tahoe Basin Management Unit Forest Plan; and consistency with the goals of the Conservancy Sunset Stables Restoration and Resource Management Plan Project. Identification of Permits or Licenses Required: The TRPA, California Department of Fish and Game, California Department of Transportation, U.S. Army Corps of Engineers and California Regional Water Quality Control Board, Lahontan Region may issue project specific permits for trail segments within the Lake Tahoe Region. *Comment Requested:* This notice of intent initiates the scoping process that guides the development of the environmental impact statement. The Forest Service would like to know the views of interested persons, organizations, and agencies as to the scope and content of the information to be included and analyzed in the DEIS. Agencies should comment on the elements of the environmental information that are relevant to their statutory responsibilities in connection with the proposed alternatives. Comments must be received by April 30, 2008. Person to Which Comments may be Mailed: Send written comments to: Sue Rae Irelan, Program Coordinator, California Tahoe Conservancy, 1061 Third Street, South Lake Tahoe, CA 96150, e-mail: *sirelantahoe.ca.gov.* *Early Notice of Importance of Public Participation in Subsequent Environmental Review:* There will be additional opportunities to comment on this project in addition to this scoping period. When the DEIS is released there will be a 45 day comment period from the date the Environmental Protection Agency publishes the notice of availability of the DEIS in the **Federal Register** . The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the enviromnental review process. First, reviewers of draft statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. *Vermont Yankee Nuclear Power Corp.* v. *NRDC,* 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft environmental impact statement stage but that are not raised until after completion of the final environmental impact statement may be waived or dismissed by the courts. *City of Angoon* v. *Hodel* 803 F.2d 1016, 1022 (9th Cir. 1986) and *Wisconsin Heritages, Inc.* v. *Harris,* 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45 day comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21) Dated: March 24, 2008. Terri Marceron, Forest Supervisor, Lake Tahoe Basin Management Unit. [FR Doc. E8-6502 Filed 3-31-08; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Rural Utilities Service Information Collection Activity; Comment Request AGENCY: Rural Utilities Service, USDA. ACTION: Notice and request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), the Rural Utilities Service an agency delivering the U.S. Department of Agriculture
(USDA)Rural Development Utilities Programs, invites comments on this information collection for which approval from the Office of Management and Budget
(OMB)will be requested. DATES: Comments on this notice must be received by June 2, 2008. FOR FURTHER INFORMATION CONTACT: Michele Brooks, Acting Director, Program Development and Regulatory Analysis, USDA Rural Development, 1400 Independence Ave., SW., STOP 1522, Room 5818 South Building, Washington, DC 20250-1522. Telephone:
(202)690-1078. Fax:
(202)720-8435. SUPPLEMENTARY INFORMATION: The Office of Management and Budget's
(OMB)regulation (5 CFR 1320) implementing provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13) requires that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8(d)). This notice identifies an information collection that RUS is submitting to OMB for extension. 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 will have practical utility;
(b)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;
(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 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. Comments may be sent to: Joyce McNeil, Program Development and Regulatory Analysis, USDA Rural Development, STOP 1522, 1400 Independence Ave., SW., Washington, DC 20250-1522. FAX:
(202)720-8435 or email *joyce.mcneil@wdc.usda.gov* . *Title:* Water and Waste Loan and Grant Program. *Type of Request:* Extension of a currently approved collection. *OMB Control Number:* 0572-0121. *Abstract:* USDA Rural Development, through the Rural Utilities Service, is authorized by Section 306 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926) to make loans to public agencies, nonprofit corporations, and Indian tribes to fund water and waste disposal projects serving the most financially needy rural communities through the Water and Waste Disposal loan and grant program. Financial assistance should result in reasonable user costs for rural residents, rural businesses, and other rural users. The program is limited to rural areas and small towns with a population of 10,000 or less. The Water and Waste loan and grant program is administered through 7 CFR part 1780. The items covered by this collection include forms and related documentation to support a loan application. *Estimate of Burden:* Public reporting burden for this collection of information is estimated to average 3 hours per response. *Respondents:* Not-for-profit institutions; State, Local or Tribal Government. *Estimated Number of Respondents:* 6,000. *Estimated Number of Responses per Respondent:* 8. *Estimated Total Annual Burden on Respondents:* 132,069 hours. Copies of this information collection can be obtained from Joyce McNeil, Program Development and Regulatory Analysis at
(202)720-0812. FAX:
(202)720-8435. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Dated: March 25, 2008. James M. Andrew, Administrator, Rural Utilities Service. [FR Doc. E8-6670 Filed 3-31-08; 8:45 am] BILLING CODE 3410-15-P ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD Meeting AGENCY: Architectural and Transportation Barriers Compliance Board. ACTION: Notice of meeting. SUMMARY: The Architectural and Transportation Barriers Compliance Board (Access Board) has scheduled its regular business meetings to take place in Washington, DC, Thursday and Friday, April 3-4, 2008 at the times and location noted below. DATES: The schedule of events is as follows: Thursday, April 3, 2008 10-11 a.m. Budget Committee. 11-Noon Technical Programs Committee. 1:30-2:30 p.m. Executive Committee. 3-6 p.m. Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) Report. Friday, April 4, 2008 9-3:30 p.m. Ad Hoc Committee Rulemaking Meetings (Closed to Public). 3:30-5 p.m. Board Meeting. ADDRESSES: Except for the Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) presentation to the full Board, all meetings will be held at the Marriott at Metro Center Hotel, 775 12th Street, NW., Washington, DC, 20005. The TEITAC presentation will take place at the Grand Hyatt Hotel (Constitution Ballrooms C, D, and E), 1000 H Street, NW., Washington, DC 20001. FOR FURTHER INFORMATION CONTACT: For further information regarding the meetings, please contact Lawrence W. Roffee, Executive Director,
(202)272-0001 (voice) and
(202)272-0082 (TTY). SUPPLEMENTARY INFORMATION: At the Board meeting, the Access Board will consider the following agenda items: • Approval of the June, September, and November 2007 draft Board meeting minutes. • ADA/ABA Accessibility Guidelines; Federal Agency Updates. • Budget Committee Report. • Technical Programs Committee Report. • Executive Committee Report. • Rulemaking Reports. • Election Assistance Commission Activities Report. • Election of Officers. All meetings are accessible to persons with disabilities. An assistive listening system, computer assisted real-time transcription (CART), and sign language interpreters will be available at the Board meetings. Persons attending Board meetings are requested to refrain from using perfume, cologne, and other fragrances for the comfort of other participants. Lawrence W. Roffee, Executive Director. [FR Doc. E8-6587 Filed 3-31-08; 8:45 am] BILLING CODE 8150-01-P ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD Performance Review Board Membership AGENCY: Architectural and Transportation Barriers Compliance Board. ACTION: Notice. SUMMARY: Notice is given of the appointment of members to a performance review board for Architectural and Transportation Barriers Compliance Board. FOR FURTHER INFORMATION CONTACT: Lawrence W. Roffee, Executive Director, Architectural and Transportation Barriers Compliance Board, 1331 F Street, NW., Suite 1000, Washington, DC 20004-1111. Telephone
(202)272-0001. SUPPLEMENTARY INFORMATION: Section 4314(c) of Title 5, U.S.C., requires each agency to establish, in accordance with regulations, one or more Senior Executive Service
(SES)performance review boards. The function of the boards is to review and evaluate the initial appraisal of senior executives' performance and make recommendations to the appointing authority relative to the performance of these executives. Because of its small size, the Architectural and Transportation Barriers Compliance Board has appointed SES career appointees from other Federal boards to serve on its performance review board. The members of the performance review board for the Architectural and Transportation Barriers Compliance Board are: • Mary L. Johnson, General Counsel, National Mediation Board; • Joel R.
(Rick)Schapira, Deputy General Counsel, Defense Nuclear Facilities Safety Board; • Debra Carr, Associate Deputy Staff Director, U.S. Commission on Civil Rights. Lawrence W. Roffee, Executive Director. [FR Doc. E8-6586 Filed 3-31-08; 8:45 am] BILLING CODE 8150-01-P DEPARTMENT OF COMMERCE Bureau of the Census [Docket Number 070619208-7209-01] American Indian Areas
(AIAs)for the 2010 Census—Proposed Criteria and Guidelines AGENCY: Bureau of the Census, Commerce. ACTION: Notice of proposed program revisions and request for comments. SUMMARY: The Bureau of the Census (Census Bureau) defines American Indian areas
(AIAs)as the geographic entities within the United States that are specifically defined for the collection, tabulation, and presentation of decennial census data for federally and/or state-recognized American Indian tribes. The AIAs will be used to collect, tabulate, and present data for the 2010 Census, period estimates from the American Community Survey
(ACS)after 2010, and potentially other Census Bureau statistical data. More specifically, for the 2010 Census, AIAs consist of the following types of geographic entities: • American Indian reservations (AIRs). • Off-reservation trust lands (ORTLs). • Oklahoma tribal statistical areas (OTSAs). • Tribal designated statistical areas (TDSAs). • State designated tribal statistical areas (SDTSAs). • Tribal census tracts (tribal tracts). • Tribal block groups. • Tribal subdivisions on AIRs, ORTLs, and OTSAs. • Census designated places
(CDPs)on AIRs, ORTLs, and OTSAs. The geographic entities listed above include both legal and statistical geographic entities (see “Definitions of Key Terms” section). The Census Bureau is not proposing any new types of AIAs for the 2010 Census. The Census Bureau is specifically seeking comments on the following proposed changes for the 2010 Census, but will consider all submitted comments: • Change the term “State Designated American Indian Statistical Areas” (SDAISAs) to “State Designated Tribal Statistical Areas” or SDTSAs. • Clarify the definition and purpose of OTSAs. In addition, because all former AIRs in Oklahoma were delineated as OTSAs for Census 2000, the Census Bureau proposes that no new OTSAs may be delineated for the 2010 Census, and to the extent possible, OTSA boundaries for the 2010 Census should be consistent with those defined for Census 2000. The Census Bureau also seeks to avoid defining joint use area OTSAs for the 2010 Census. • Clarify the definition, purpose, and the criteria and guidelines for TDSAs and SDTSAs. • Identify tribal census tracts and tribal block groups as separate statistical geographic entities distinct from “standard” county-based census tracts and block groups. The Census Bureau will provide responses to comments received as part of the publication of the final criteria in the **Federal Register** at a future date. The Census Bureau has three geographic partnership programs through which it collects updates to the inventory, boundaries, and attributes of AIAs for the 2010 Census: The annual Boundary and Annexation Survey (BAS), the State Reservation Program, and the Tribal Statistical Areas Program (TSAP). Both the BAS and the State Reservation Program provide the process for reviewing and updating those AIAs that are legal geographic entities: AIRs and ORTLs under the governmental authority of federally recognized American Indian tribes, tribal subdivisions within these federally recognized AIRs and ORTLs, and AIRs for state-recognized American Indian tribes. The TSAP provides the process for reviewing and updating those AIAs that are statistical geographic entities: OTSAs, tribal subdivisions within OTSAs, TDSAs, SDTSAs, tribal census tracts, tribal block groups, and CDPs. Each of these programs is discussed in more detail within the SUPPLEMENTARY INFORMATION section of this **Federal Register** notice. For information regarding similar programs for Alaska Native Areas (ANAs), please refer to the **Federal Register** notice titled “Alaska Native Areas
(ANAs)for the 2010 Census—Proposed Criteria and Guidelines” (73 FR 14203; March 17, 2008). DATES: Written comments must be submitted on or before June 30, 2008. ADDRESSES: Please direct all written comments on this proposed program to the Director, U.S. Census Bureau, Room 8H001, Mail Stop 0100, Washington, DC 20233-0001. FOR FURTHER INFORMATION CONTACT: Requests for additional information on these proposed program criteria should be directed to Mr. Michael Ratcliffe, Chief, Geographic Standards and Criteria Branch, Geography Division, U.S. Census Bureau, via e-mail at *geo.tsap.list@census.gov,* or telephone at 301-763-3056. SUPPLEMENTARY INFORMATION: Pursuant to Title 13 of the United States Code (U.S.C.), Section 141(a), the Secretary of Commerce, as delegated to the Census Bureau, undertakes the decennial census every ten years “in such form and content as he may determine.” This language gives wide discretion to the Census Bureau in taking the census. The Census Bureau portrays the boundaries of both legal and statistical geographic entities for the purpose of collecting, tabulating, and presenting meaningful, relevant, and reliable statistical data from the decennial census, the ACS, and potentially other censuses and surveys. The Census Bureau attempts to develop objective criteria to establish geographic entities that meet this purpose. Although the Census Bureau is committed to delineating geographic entity boundaries in partnership with tribal, state, and local officials using criteria developed through an open process, it is the responsibility of the Census Bureau to ensure that geographic entity criteria can achieve the goal of providing meaningful, relevant, and reliable statistical data, and that the final criteria for geographic entities are met. While aware that there are secondary uses of geographic entities and the data tabulated for them, the Census Bureau will not modify geographic entity boundaries or attributes specifically to meet these secondary uses, including any attempt to meet the specific program requirements of other government agencies. If a change is made to a geographic entity to meet one specific purpose, there may be detrimental effects for other programs that use the same geographic entities. The Census Bureau also makes no attempt to specifically link the establishment of statistical geographic entities to federal, tribal, or state laws. The development of the AIAs has been an evolutionary process. The variety of legal, cultural, and social contexts in which American Indian tribes reside creates challenges to the development of geographic entities for nationwide implementation. There are both federally recognized and state-recognized tribes, and each has a particular history and legal context affecting identification of geographic entities and boundaries. Some tribes have legally established AIRs and/or ORTLs. Others do not have geographic entities that are currently recognized under federal and/or state law, but do reside and conduct tribal activities within a clearly defined, compact geographic area. I. History of American Indian Areas in the Decennial Census The first constitutionally mandated population census in the United States was conducted in 1790. During the period 1790 through 1850, American Indians were enumerated during the decennial censuses only if living among the general population. It was not until 1860 that American Indians living on tribal lands in the western half of the United States were enumerated as a unique population group, but tabulations were not made available for tribal territories or geographic entities. An effort was made for the 1880 Census to enumerate and present data for American Indians living on specific, federally recognized AIRs, but this effort was not completed, and data were available only for tribes in the state of California as well as parts of Dakota Territory and Washington Territory. The 1890 Census was the first in which American Indian data were collected and presented for individual AIRs, including the now-former AIRs in Indian Territory (now part of Oklahoma); this practice continued through the 1910 Census. American Indian geographic entities were not recognized for the 1920 through 1960 Censuses; thus, while American Indians were identified and enumerated, data were not available for the AIRs in which many lived. This decision was reversed with the 1970 Census for which the Census Bureau presented data for 115 AIRs. Still, there was no systematic program for the collection and reporting of all AIR boundaries. The Census Bureau began to report data systematically for a variety of AIAs starting with the 1980 Census, when it identified and presented data for a more complete inventory of AIRs. The Census Bureau worked with the Bureau of Indian Affairs
(BIA)within the U.S. Department of the Interior
(DOI)to identify boundaries for AIRs for federally recognized tribes, and with state government officials to identify boundaries for AIRs for state-recognized tribes, by obtaining maps depicting their legally established boundaries. Tribal ORTLs and American Indian sub-reservation areas (the latter now called tribal subdivisions) were both identified for the first time as geographic entities for the decennial census. To provide data for federally recognized tribes in Oklahoma that formerly had AIRs, the Census Bureau identified a single geographic entity called the Historic Areas of Oklahoma. The American Indian geographic programs implemented for the 1980 Census were continued with some improvements and additions for the 1990 Census. The Census Bureau began collecting boundaries and reporting data for individual ORTLs (i.e., allotments) in addition to tribal ORTLs, as long as the lands were under a tribe or tribes' governmental authority, or were clearly identified with a particular tribe or tribal government. The Census Bureau replaced the single entity Historic Areas of Oklahoma with tribal jurisdiction statistical areas (TJSAs—now called OTSAs—whose boundaries were intended to correspond with those of the individual former AIRs in Oklahoma. In addition, as part of the continuing effort to improve the presentation of data for American Indians, the Census Bureau adopted the TDSA concept to identify lands associated with federally or state-recognized tribes that did not have an AIR or ORTL. American Indian sub-reservation areas (now called tribal subdivisions) were not defined for the 1990 Census. The Census Bureau also offered tribal officials the opportunity to provide suggestions for 1990 Census tabulation block boundaries through the Block Definition Project as an extension of the Redistricting Data Program. In preparation for Census 2000, the Census Bureau continued to work with tribal governments and federal and state agencies, as well as the Census Race and Ethnic Advisory Committee
(REAC)of the American Indian and Alaska Native
(AIAN)populations (referred to hereafter as AIAN REAC), to improve the identification of AIAs. For federally recognized tribes, the Census Bureau offered programs to collect updated AIR and ORTL boundaries directly from the tribal governments using the 1990 Census boundaries as a baseline. The Tribal Review Program, implemented for 1997, enabled officials of all federally recognized American Indian tribes with an AIR or ORTL to review and update the Census Bureau's maps of their lands. This involved reviewing the boundaries of the AIRs and ORTL, both tribal and individual, that had been provided to the Census Bureau for the 1990 Census by the BIA; updating and correcting the roads and other geographic features shown on the Census Bureau's maps; and providing suggestions for Census 2000 block boundaries in the Block Definition Project. The Tribal Review Program also gave tribes in Oklahoma the opportunity to review the delineation of their 1990 Census TJSAs. Census 2000 was the first decennial census for which census tracts were defined throughout the United States. American Indian tribes benefited from this change as the Census Bureau allowed tribal governments of federally recognized American Indian tribes with an AIR or ORTL to delineate census tracts without regard to state or county boundaries, provided the AIR/ORTL had a 1990 Census population of at least 1,000. Beginning in 1998, the Census Bureau included federally recognized American Indian tribes with an AIR and/or ORTL in its annual BAS. All AIRs and ORTLs included in the 2000 BAS were also included in the Census 2000 Boundary Validation Program (BVP). The BVP offered a final opportunity for tribal leaders to review the Census Bureau's depiction of their AIR/ORTL boundaries prior to Census 2000 and provide any corrections to ensure those boundaries were shown correctly as of January 1, 2000 (the reference date of the boundaries used for Census 2000 data tabulations). To support tribal requests for data by administrative subdivisions, the Census Bureau again offered tribal officials the opportunity to delineate American Indian tribal subdivisions (similar to the 1980 Census sub-reservation areas). For Census 2000, on the recommendation of the AIAN REAC, the Census Bureau adopted the state-designated American Indian statistical area (SDAISA) to represent geographic areas for state-designated tribes that lacked AIRs and ORTLs, and thus distinguishing these areas from TDSAs, which continued to represent geographic areas associated with federally recognized tribes that lacked AIRs and ORTLs. The designation TJSA was changed to OTSA to more accurately reflect that these entities were defined solely to present statistical information, and did not represent areas in which legal jurisdiction was conferred or inferred by the federal government. The 2010 Census provides an opportunity to further enhance the Census Bureau's ability to provide meaningful, statistically relevant data about federal and state-recognized tribes. Two statistical entities, tribal census tracts and tribal block groups, will be redefined to provide federally recognized tribes with AIRs greater control and flexibility in delineating such areas. New proposed criteria and guidelines for TDSAs and SDTSAs (formerly known as SDAISAs) will allow tribes without an AIR and/or ORTL to more effectively gather the crucial data necessary to compute and analyze important information about their populations. SDAISAs have been renamed to SDTSAs to create a more consistent naming convention for Census Bureau tribal entities. SDTSAs, TDSAs, OTSAs, tribal subdivisions defined within OTSAs, tribal block groups, and tribal census tracts are referred to collectively as “tribal statistical areas” as they are not legally defined geographic entities. These entities are included in the new TSAP, a more inclusive term to refer to the delineation process for all the tribal statistical areas for the decennial census. This program facilitates the definition and delineation of tribal statistical areas, and enhances the ability of tribes to acquire meaningful data about their tribal members. II. Federal and State Recognition of American Indian Tribes For an American Indian tribe to delineate an AIA for the 2010 Census, it first must be either federally recognized or state-recognized. Federal recognition of an American Indian tribe for the purpose of these proposed criteria and guidelines specifically means that the tribe is recognized by and eligible to receive services from the BIA. BIA recognition is determined by inclusion of a tribe on the BIA's list of recognized tribes 1 or by addenda to the list as published by the BIA. The list of eligible American Indian tribes will change if new tribes are recognized by the BIA on or before January 1, 2010. 1 Published regularly in the **Federal Register** pursuant to the Federally Recognized Indian Tribe Act of 1994 (Pub. L. 103-454; 25 U.S.C. 479a-1). Last published in the **Federal Register** on Thursday, March 22, 2007 (72 FR 13648-13652). Whereas, there is a single source for determining which American Indian tribes are federally recognized, state recognition of a tribe is not always clear. Prior to the decennial census and before implementing either the State Reservation Program or TSAP, the Census Bureau sends a letter to the governor of each state requesting a list of any state-recognized tribes that are not also federally recognized, and requesting appointment of a liaison to work with the state-recognized tribes and the Census Bureau on these geographic programs. State recognition of a tribe is determined by each respective state government, and conveyed to the Census Bureau by the governor's appointed liaison. The Census Bureau will work with the state liaison to ascertain a tribe's status if contacted directly by a tribe claiming state recognition, but not included on the state's list of recognized tribes. The Census Bureau will provide a list of state-recognized tribes within each state based on information obtained from each state's liaison. The list of eligible state-recognized tribes for each individual state will change if new tribes are recognized and reported to the Census Bureau by that state's liaison on or before January 1, 2010. III. American Indian Areas for the 2010 Census—Geographic Programs and Legal Geographic Entities The Census Bureau collects, tabulates, and presents statistical data for four types of AIAs with current legally established boundaries: AIRs for federally recognized American Indian tribes (federal AIRs); ORTLs for federally recognized American Indian tribes; tribal subdivisions on federal AIRs and ORTLs; and AIRs for state-recognized American Indian tribes (state AIRs). The annual Boundary and Annexation Survey
(BAS)is the Census Bureau's mechanism for collecting updates to the boundaries of federal AIRs and ORTLs, and the inventory and boundaries of tribal subdivisions. More details on the BAS can be found in section III.A below. The State Reservation Program is the mechanism through which the Census Bureau collects updates to the inventory and boundaries of state AIRs. State AIRs may not include territory within federal AIRs or ORTLs. The Census Bureau will tabulate 2010 Census data for all AIRs, ORTLs, and tribal subdivisions that exist as of January 1, 2010, with boundaries as of that date. After the 2010 Census, the Census Bureau will continue to update the inventory and boundaries of federal AIRs, ORTLs, and their tribal subdivisions on an annual basis through the BAS to support collection, tabulation, and presentation of data from the ACS and potentially other Census Bureau censuses and surveys. State AIRs currently are updated only once prior to each decennial census. A. Boundary and Annexation Survey
(BAS)The BAS is an annual Census Bureau survey of legal geographic entities that includes federal AIRs, ORTLs, and any associated tribal subdivisions. Its purpose is to determine, solely for data collection and tabulation by the Census Bureau, the complete and current inventory and the correct names, legal descriptions, official status, and official, legal boundaries of the legal geographic entities with governmental authority over certain areas within the United States, as of January 1 of the survey year. The BAS also collects specific information to document the legal actions that established a boundary or imposed a boundary change. In support of the government-to-government relationship with federally recognized American Indian tribes, the Census Bureau works directly with tribal officials. All issues that relate to treaty interpretation or legal actions that are disputed by an adjacent or enclosed governmental unit as part of the BAS, are referred to the DOI Office of the Solicitor and/or the BIA for an official opinion. Through the BAS, the Census Bureau also accepts updates to features such as roads or rivers, and address range break information at the boundaries. For more information about the BAS, see the Census Bureau's Web site at *http://www.census.gov/geo/www/bas/bashome.html.* The BAS User's Guide for federally recognized tribes is available at *http://www.census.gov/geo/www/bas/bas07/bas07_trib_ug.pdf* . Federal AIRs, ORTLs, and tribal subdivisions within them may be delineated without regard to state boundaries. Federal American Indian Reservations AIRs represent geographic areas governed and administered by an American Indian tribe or tribes and held as sovereign tribal territory over which the tribe or tribes have governmental authority. Federal AIRs and their legal boundaries are established through final tribal treaty, agreement, Executive Order, federal statute (including 25 U.S.C. 467), Secretarial Order, or through judicial determination. AIR status of land does not necessarily correspond to ownership or occupancy by American Indians; land does not have to be held in trust before it may be declared as an AIR, or land may lose trust status but still retain AIR status. The Census Bureau solicits changes to the boundaries of federal AIRs directly from the tribes through the annual BAS. Acceptance of boundary changes requires clear legal documentation supporting any, and all, changes, as well as the absence of any unresolved litigation involving these boundaries. Any changes to federal AIR boundaries that are not clearly documented require interpretation of documentation, or are based on legal documentation from before 1990, are referred to the BIA for an official opinion. Any changes to the inventory of federal AIRs also require clear, supporting legal documentation. Corrections to the name of each federal AIR are also solicited from each tribal government through the BAS. Off-Reservation Trust Lands Unlike AIR status, the trust status of land directly corresponds to American Indian ownership, and to date only applies to federally recognized tribes. American Indian trust lands are parcels of land for which the United States holds the title in trust for the benefit of a tribe or specific group of tribes (tribal trust land) or for an individual tribal member or family (individual trust land). A tribe extends its primary governmental authority over a parcel of land when it is placed in trust for that tribe or an individual member of that tribe. Land is taken into trust pursuant to a specific federal law, usually 25 U.S.C. 465, and/or 25 Code of Federal Regulations, Part 151. Individual trust land, also known outside the Census Bureau as allotments, must clearly be associated with one specific AIR and/or currently federally recognized tribe for the Census Bureau to specifically identify it and tabulate data for it. Trust lands always are associated with a specific federally recognized tribe and usually with a particular AIR, and may be located on or off an AIR. The Census Bureau tabulates data separately for AIRs and for ORTLs because the tribe has governmental authority over these lands. Tribal governmental authority generally is not attached to lands located off an AIR until the lands are placed in trust. All on-reservation trust land is included within the larger geographic entity of the AIR, and the Census Bureau does not specifically tabulate data for on-reservation trust land. For the Census Bureau to map or specifically tabulate data for ORTLs, the Census Bureau requires either a copy of the deed clearly placing the land in trust with the federal government for a tribe or individual American Indian, or recent documentation from BIA or DOI indicating that the land is held in trust. The Census Bureau does not identify or tabulate data specifically for any other types of American Indian owned lands located on or off of an AIR, including restricted fee land or fee simple land. The specific compilation of land ownership information is not within the mission of the Census Bureau. The Census Bureau collects the boundaries of ORTLs only where the surface estate is held in trust, and does not collect the boundaries of parcels of land for which only the subsurface estate has been placed in trust. The Census Bureau does not collect the boundaries for or specifically tabulate data for trust land for tribes without an AIR in either Alaska or Oklahoma, or for the tribes without an AIR that are based in those states. The ORTL name used for Census Bureau products will correspond with the name of the AIR with which it is associated or, if there is no associated AIR, with the name of the tribe for which the land is held in trust. Individual ORTLs will also use the name of either the associated AIR or the individual member's federally recognized tribe. The Census Bureau will not depict the name of any individual or family owning or associated with any ORTL. Tribal Subdivisions Tribal subdivisions are units of self-government and/or administration within an AIR and/or ORTL for a federally recognized tribe or an OTSA, that serve social, cultural, and/or legal purposes for the tribal government. Tribal subdivisions delineated within an AIR or ORTL are considered “legal geographic entities” by the Census Bureau and, thus, are specifically termed “legal tribal subdivisions” and are delineated or updated through the annual BAS. Legal tribal subdivisions are further distinguished as being either an active government, defined as a functioning government with elected officials that provides governmental services for only that area, or inactive, defined as having no functioning government of its own and is used only for administrative purposes and/or the election of representatives to a tribal-wide government. Tribal subdivisions delineated within OTSAs are considered “statistical geographic entities” by the Census Bureau and are specifically termed “statistical tribal subdivisions” because the larger OTSA is also considered a statistical geographic entity. They are delineated or updated with the OTSAs through the TSAP. Tribal subdivisions are intended to completely cover all of an AIR and/or ORTL, or OTSA, or at least the major contiguous portion of an AIR, ORTL, or OTSA. Separate, discrete communities whose boundaries encompass a concentration of population and housing may be defined as CDPs. The Census Bureau tabulates data for only one level of tribal subdivision within an AIR, ORTL, or OTSA. Tribes that have multiple hierarchical levels of administrative units should submit the lowest level—those with the smallest geographic area—so that their data can be aggregated for the larger geographic areas. If an AIR, ORTL, or OTSA consists of multiple, noncontiguous parts, the tribal subdivisions within them will be noncontiguous. The Census Bureau will identify each tribal subdivision in its data products with the name and administrative unit type (chapter, district, etc.) submitted by the tribal government providing the boundary for the geographic area. The name of each tribal subdivision must reflect its name, as cited in recent tribal legal documentation and/or used by the tribal government for administrative purposes. B. State Reservation Program The State Reservation Program occurs once before each decennial census, and is a survey of state AIRs for those states with state-recognized tribes that are not also federally recognized. Its purpose is to determine, solely for data collection and tabulation by the Census Bureau, the complete and current inventory and the correct attributes (names, legal descriptions, official status) and official, legal boundaries of the state AIRs in each state. Through the State Reservation Program, the Census Bureau also accepts additions and updates to features such as roads or rivers on or near the state AIR, as well as address range break information at the boundaries. The Census Bureau requests that the governor for each affected state appoint a liaison to work with officials of state-recognized tribes to review the boundaries and other attributes of any currently existing state AIRs and, if applicable, provide the boundaries and other attributes for any new state AIRs. As part of the State Reservation Program, the Census Bureau will provide spatial data for state AIRs for use when reviewing the accuracy of any AIR boundary delineated for a previous decennial census or for delineating any new state AIRs. Acceptance of boundary changes to state AIRs requires clear legal documentation supporting any, and all, changes involving these boundaries. The Census Bureau will identify each state AIR with the name submitted by the state liaison providing the boundary for the area. For this reason, the state AIR name should reflect the specific tribal name cited in the legal records establishing the state AIR. The liaison also works on the TSAP with any state-recognized tribes that do not have state AIRs to determine if and how they should delineate a SDTSA for the 2010 Census (see Section IV.A.2). State American Indian Reservations State AIRs and their legal boundaries are established pursuant to state law. States with state-recognized tribes that are not also federally recognized each have their own unique laws that recognize specific tribes or establish a formal process by which tribes apply for state recognition. A subset of states also have a process whereby state-recognized tribes may obtain a state AIR; have established a state AIR specifically through state legislation; or have continued to recognize under state law an AIR established through laws, often treaties, of one of the original thirteen colonial assemblies and/or Great Britain during the Colonial Era. The Census Bureau solicits changes to the boundaries of state AIRs from the state government through the State Reservation Program. By definition, state AIR boundaries cannot cross state lines unless the AIR and tribe is separately recognized in each state. State AIRs may not include territory within federally recognized AIRs or ORTLs. IV. American Indian Areas for the 2010 Census—Geographic Programs and Statistical Geographic Entities The Census Bureau has developed a variety of American Indian statistical geographic entities for those federally and state-recognized tribes that do not have an AIR or ORTL. Their shared purpose is to provide a meaningful and relevant geographic framework for tabulating data from the 2010 Census, the ACS, and potentially other Census Bureau censuses and surveys that is comparable to the AIRs and ORTLs for tribes of similar size within the same region and/or state. Representation of statistical AIA boundaries in Census Bureau products is solely for the purpose of data tabulation and presentation, and does not convey or confer any rights to land ownership, governmental authority, or jurisdictional status. The TSAP is the mechanism for the 2010 Census through which the Census Bureau works with tribal governments to delineate the boundaries and other attribute information of the various American Indian statistical geographic entities. The TSAP is only offered once prior to each decennial census. Tribal tracts, tribal block groups, and CDPs also are statistical geographic entities defined as part of the TSAP. Criteria for these statistical geographic entities are provided in sections IV.B and IV.C below. Throughout the following section, the term “statistical AIA” refers to OTSAs, tribal subdivisions within OTSAs, TDSAs, and SDTSAs. A. Proposed Criteria and Guidelines for Statistical AIAs (OTSAs, TDSAs, and SDTSAs) for the 2010 Census The Census Bureau has received comments from data users and tribal officials over the past 20 or more years regarding the purpose of statistical AIAs (OTSAs, TDSAs, and SDTSAs) and how they should be defined to facilitate tabulation and presentation of meaningful data. In response, the Census Bureau proposes the following criteria and guidelines to help ensure that the statistical AIAs delineated for the 2010 Census and beyond support their intended purpose, provide useful and meaningful data for the respective tribe, and enhance the ability for data users to make meaningful comparisons between data for the various types of AIAs. Criteria are rules that must be followed by all officials delineating statistical AIAs for the 2010 Census, while guidelines are suggestions for improving the relevance and utility of statistical AIAs. The following proposed criteria apply to all statistical AIAs (OTSAs, TDSAs, and SDTSAs) delineated for the 2010 Census. Criteria and guidelines specific to the individual type of statistical AIA are provided in their respective sections below. 1. A statistical AIA must contain some American Indian population and housing. 2. A statistical AIA may not overlap with any other AIA, at the same level of the geographic hierarchy (for example, an OTSA may not overlap an AIR; a TDSA may not overlap an AIR; an SDTSA may not overlap a TDSA). 3. A statistical AIA may not completely surround another legal or statistical AIA at the same level of the geographic hierarchy. 4. A statistical AIA may not include more water area than land area. 5. Officials delineating statistical AIAs may only add nonvisible lines as a boundary if other acceptable boundary features are not available and they aid in a statistical AIA meeting other specific, delineation criteria and/or guidelines. 6. The Census Bureau will evaluate the submitted name to ensure that each statistical AIA's name is clearly distinguishable from the name of any other legal or statistical AIA. 1. Oklahoma Tribal Statistical Areas (OTSAs) OTSAs are statistical AIAs identified and delineated by the Census Bureau with federally recognized tribes based in Oklahoma that had a former AIR in Oklahoma. OTSAs are intended to represent the former AIRs that existed in the Indian and Oklahoma territories prior to Oklahoma statehood in 1907, to provide comparable geographic entities for analyzing data over time, and to provide a way to obtain data comparable to that provided to federally recognized tribes that currently have an AIR. Because all former AIRs in Oklahoma were delineated for Census 2000, no new OTSAs may be delineated for the 2010 Census. Both federally recognized tribes with an OTSA and those without may have ORTLs. A tribe may choose to have the Census Bureau tabulate data for its ORTL for the 2010 Census, if the tribe can supply an acceptable Geographic Information System file or map(s) and the required supporting legal documentation. If a tribe chooses to submit their ORTL to the Census Bureau, the tribe's ORTL will be part of the annual BAS (see the sections on the “Boundary and Annexation Survey” and “Off-Reservation Trust Land” above). For previous censuses, the Census Bureau allowed the boundaries of OTSAs to deviate somewhat from the corresponding former AIR boundaries when requested by a tribe and supported by available demographic data. Such deviations affect the delineation and identification of other tribes' OTSAs, resulting in area being associated with multiple OTSAs. These areas with multiple relationships were defined as separate geographic entities and identified as “joint use area OTSAs” for Census 2000. In response to comments received from data users, especially with regard to federal laws and programs requiring the use of the former AIR boundaries rather than OTSA boundaries, the Census Bureau seeks to avoid identification of joint use area OTSAs for the 2010 Census. The Census Bureau requests comments, especially from the potentially affected tribes, whether data tabulated for the joint use area OTSAs were useful and whether the Census Bureau should continue the delineation of joint use area OTSAs or require that OTSA boundaries follow those of the legal former AIRs. Four joint use area OTSAs were created for Census 2000: Kiowa-Comanche-Apache-Ft. Sill Apache-Caddo-Wichita-Delaware; Creek-Seminole; Kaw-Ponca; and Miami-Peoria. Proposed OTSA Criteria 1. OTSAs must be located completely within the current boundaries of the state of Oklahoma. 2. OTSAs must follow the last legal boundaries established for their former AIR. 3. The name for each OTSA is determined by the tribe or tribes (in conjunction with the Census Bureau) that are responsible for delineating each OTSA. The Census Bureau will revise any name submitted for a geographic entity if it is determined that the criteria listed below were not applied properly. The name of an OTSA must reflect one or more of the following conditions: a. The tribe or tribes associated with the former AIR represented by the OTSA; b. Tribes that have historically resided within the area of the OTSA; c. Tribes that have significant population currently residing within the OTSA; and/or d. The name(s) of the tribe(s) commonly associated with the area encompassed by the OTSA. Proposed OTSA Guidelines 1. To the extent possible, OTSA boundaries identified for the 2010 Census should be the same as those delineated for Census 2000. 2. Tribes may delineate tribal subdivisions within their own OTSAs. 3. Tribes may delineate CDPs representing unincorporated communities located within their own OTSAs (see section IV.C below). 2. Tribal Designated Statistical Areas (TDSAs) and State-Designated Tribal Statistical Areas (SDTSAs) TDSAs are statistical AIAs identified and delineated by the Census Bureau with federally recognized tribes that do not have an AIR or ORTL, and are based outside of Alaska, Hawaii, and Oklahoma. SDTSAs are conceptually similar to TDSAs but defined for state-recognized tribes that are not also federally recognized. A TDSA may cross state lines. An SDTSA, however, is limited to the state in which the respective tribe is officially recognized. For example, if the area with which a tribe is associated is located in two states, the tribe must be officially recognized by each state in order for the tribe's SDTSA to be delineated in each of those states. The primary purpose for delineating either a TDSA or an SDTSA is to obtain meaningful statistical data for a recognized tribe within a geographic area encompassing a substantial concentration of tribal members. Both TDSAs and SDTSAs are intended to provide comparable geographic entities for analyzing data over time and to provide a way to obtain data comparable to that provided for tribes of a similar size that have AIRs or ORTLs in the same region and/or state. The definition of a TDSA or SDTSA may not necessarily include all tribal members; nor is it intended to depict land ownership, represent an area over which a tribe has any form of governmental authority or jurisdiction, or represent all of the traditional or historical areas associated with the tribe, including areas used for subsistence activities. Representation of TDSAs and SDTSAs boundaries in Census Bureau products is solely for the purpose of data tabulation and presentation, and does not convey or confer any rights to land ownership, governmental authority, or jurisdictional status. TDSAs and SDTSAs will be used to tabulate and present data from the 2010 Census as well as to tabulate and present period estimates from the ACS. Thus, if a TDSA or SDTSA has a small amount of American Indian population (especially within a large land area) the quality, reliability, and availability of data, particularly ACS period estimates, may be adversely affected for that area. Defining officials should take into consideration that tribal affiliation data, as collected by the Census Bureau, are generally not released for geographic entities with small populations, including TDSAs and SDTSAs, due to data disclosure concerns. TDSAs and SDTSAs enable meaningful demographic and housing data to be tabulated for that specific population and geographic area. If a TDSA or SDTSA is defined in accordance with the program guidelines and criteria, data tabulated for the TDSA or SDTSA may provide an alternative to tribal affiliation data for a specific, small geographic area. Tribal affiliation data are available for larger geographic entities, such as a whole state or the entire United States. Since TDSAs and SDTSAs also will be used to tabulate and present period estimates from the ACS, defining officials should consider that, as a general rule, period estimates of demographic characteristics for geographic entities with small populations will be subject to higher variances than comparable estimates for geographic entities with larger populations. In addition, the Census Bureau's disclosure rules may have the effect of restricting the availability and amount of data for geographic entities with small populations. The more closely a TDSA's or SDTSA's boundary relates to the distribution of tribal members and American Indians receiving governmental services from the tribe, and does not include large numbers of people and households not affiliated with the tribe, the more likely that data presented for the TDSA or SDTSA will accurately reflect the characteristics of the intended tribal population. Although eligible, in a few cases a tribe may elect not to delineate a TDSA or SDTSA if it will not provide meaningful, relevant, or reliable statistical data because the member population now resides in numerous other locations or has been completely subsumed by non-member and/or non-American Indian populations. In such instances, defining a TDSA or SDTSA will not improve the presentation of statistical data relating to tribal members. These tribes may still be able to receive meaningful, relevant, and reliable statistical data for their tribal membership at higher levels of census geography through the characteristic of tribal affiliation. In response to comments from data users since the 1990 Census, regarding the purpose of statistical AIAs, and best practices to follow when defining a statistical geographic entity to obtain meaningful data, the Census Bureau proposes the following criteria and guidelines to help ensure that the TDSAs and SDTSAs that are delineated for the 2010 Census meet their definition, support the intended purpose of the program, provide useful and meaningful data for the tribe they represent, and enhance the ability for data users to make more meaningful comparisons between data for both legal and statistical AIAs. Proposed TDSA and SDTSA Criteria 1. TDSAs and SDTSAs may not include military areas. 2. TDSAs may not be delineated in Hawaii or Oklahoma. 3. TDSAs will no longer be recognized or delineated in Alaska because all federally recognized tribes in Alaska, without an AIR, may now define Alaska Native village statistical areas (ANVSAs). 4. An SDTSA for a specific tribe may be delineated in a state only if the tribe is officially recognized by the state. 5. The name for each TDSA or SDTSA is determined by the tribe or tribes (in conjunction with the Census Bureau, and the state liaison for SDTSAs) that are responsible for its delineation. The name of a TDSA or SDTSA must reflect one or more of the following conditions: a. The tribe that has the largest population currently residing within the TDSA or SDTSA; and/or b. The name of the tribe most commonly associated with the area encompassed by the TDSA or SDTSA. Proposed TDSA and SDTSA Guidelines 1. TDSAs and SDTSAs should be comparable in area to the AIRs and/or ORTLs of other tribes with similar numbers of members in the same state and/or region. 2. American Indians should constitute a large proportion of the population within a TDSA or SDTSA, and of the American Indian population, the majority should be members of the delineating tribe. 3. A minimum population of at least 1,200 individuals or 480 housing units is suggested to help enhance reliability and availability of sample-based data. 4. TDSAs and SDTSAs should include an area where there is structured and organized tribal activity, including tribal headquarters, tribal service centers, meeting areas and buildings, ceremonial grounds, tribally owned commercial locations, etc. 5. TDSAs and SDTSAs should not contain large areas without housing or population. A housing unit density of at least three housing units per square mile is suggested. 6. TDSAs and SDTSAs should be contiguous. 7. Water area should be included only to maintain contiguity, to provide a generalized version of the shoreline, or if the water area is completely surrounded by land area included in the TDSA or SDTSA. 8. TDSA and SDTSA boundaries should follow visible, physical features, such as rivers, streams, shorelines, roads, and ridgelines. 9. TDSA and SDTSA boundaries may follow the nonvisible, legally defined boundaries of AIRs, ORTLs, states, counties, or incorporated places. 3. OTSA, TDSA, and SDTSA Review Process As with all of the Census Bureau's statistical geographic entities, the Census Bureau reserves the right to modify, create, or reject any boundary or attribute as needed to meet the final program criteria and guidelines, or to maintain geographic relationships before the tabulation geography is finalized for the 2010 Census. The Census Bureau will review each statistical AIA and accept it only if it meets the final program criteria. Any decision to reject a particular statistical AIA delineation will be conveyed to the delineating official, and the Census Bureau will work with the delineating official to reach a satisfactory solution. Interested parties will be able to review and comment on delineated statistical AIA boundaries and names. If a dispute between two or more parties occurs over the boundary delineated for a specific statistical AIA, the Census Bureau encourages the respective parties to reach a mutually acceptable agreement that complies with the final program criteria and follows the final program guidelines. There may be instances in which a mutually acceptable boundary for a statistical AIA cannot be delineated, or the mutually acceptable boundary does not follow the final program criteria. In such instances, the Census Bureau gives priority to the boundary submitted by the tribal delineating official, in recognition of the government-to-government relationship with the tribe, provided that the delineated statistical AIA meets the final program criteria. If a mutually acceptable statistical AIA that meets the final program criteria is not delineated by the program's deadline, the Census Bureau may, if time and resources allow, independently delineate a statistical AIA. B. Proposed Criteria and Guidelines for Tribal Census Tracts and Tribal Block Groups for the 2010 Census Census tracts are the oldest and one of the most utilized statistical geographic entities for which the Census Bureau tabulates data. The primary purpose of the census tract program is to provide a set of nationally consistent small, statistical geographic units, with stable boundaries, that facilitate analysis of data across time. “Standard” census tracts always nest hierarchically within states and counties. “Standard” block groups are subdivisions of standard census tracts. Since there is less concern about the use of block groups for analyzing data across time, block group boundaries may change from one decennial census to another. Block groups always nest hierarchically within standard census tracts, and are the smallest geographic area for which decennial census sample data were provided, and for which ACS data will be provided. Standard block groups provide the geographic framework within which the Census Bureau defines and numbers census blocks, with the block group code derived from the first digit in the census block number. For example, block group 1 would contain blocks in the 1,000 range; block group 2, blocks within the 2,000 range; and so on. Tribal census tracts and tribal block groups are conceptually similar and equivalent to standard census tracts and block groups. They were first defined for Census 2000 to provide meaningful, relevant, and reliable data for small geographic areas within the boundaries of federally recognized AIRs and/or ORTLs. The delineation of tribal census tracts and tribal block groups recognizes the unique statistical data needs of federally recognized American Indian tribes. The delineation of tribal census tracts and tribal block groups allows for an unambiguous presentation of census tract- and block group-level data specific to an AIR and/or ORTL, without the imposition of state or county boundaries, which might artificially separate American Indian populations located within a single AIR and/or ORTL. To this end, tribal census tracts and tribal block groups may cross county or state boundaries, or both. For Census 2000 products in which data were presented by state and county, the standard state/county census tract hierarchy was maintained, even for territory contained within an AIR and/or ORTL. In such instances, the state/county portions of a tribal census tract were identified as individual census tracts. These standard census tracts may not have met the minimum population or housing unit thresholds, therefore, potentially limiting sample data reliability or availability for both the tribal census tract and the derived standard tracts. For the 2010 Census, the Census Bureau proposes identifying tribal census tracts and tribal block groups as a geographic framework completely separate from standard census tracts and standard block groups (Figure 1). The proposed change for tribal census tracts and tribal block groups for the 2010 Census seeks to eliminate, in part, the data issues associated with the Census 2000 approach, so that for the 2010 Census more census tracts and block groups, both tribal and standard, will meet the population and housing unit thresholds. The proposed separation of these two geographic frameworks will apply to data tabulation products, as well as to geographic information products. EN01AP08.356 The primary operational benefit of this proposed change for the tribes is that they do not have to work with any other governments or data users in delineating their tribal census tracts and tribal block groups. Standard census tracts and standard block groups are delineated by a primary participant in the Participant Statistical Areas Program
(PSAP)(usually a regional planning organization or county government agency), with input from a large variety of data users who may represent competing interests. Tribes are encouraged to work with the other PSAP participants for any areas in which they are interested, on and off their AIRs and/or ORTLs, to help define standard census tracts and standard block groups, but the proposed tribal census tract and tribal block group concept allows tribes to receive meaningful data for specific geographic areas within their AIRs and/or ORTLs. For federally recognized American Indian tribes with AIRs and/or ORTLs that have more than 2,400 residents, the Census Bureau will offer the tribal government the opportunity to delineate tribal census tracts and tribal block groups on their AIR and/or ORTL. For federally recognized tribes with an AIR and/or ORTLs that have fewer than 2,400 residents, the Census Bureau will define one tribal census tract coextensive with the AIR and/or ORTL. Federally recognized tribes with AIRs and/or ORTLs that have at least 1,200 residents may define multiple tribal block groups on their AIR and/or ORTL. For federally recognized tribes with an AIR and/or ORTLs that have fewer than 1,200 residents, the Census Bureau will define one tribal block group coextensive with the AIR and/or ORTL. Tables 1 and 2 provide population and housing unit thresholds for both standard and tribal census tracts and block groups. Table 1.—Standard and Tribal Census Tract Thresholds Tract type Threshold type Optimum Minimum Maximum Standard and tribal census tracts Population threshold 4,000 1,200 8,000 Housing Unit threshold 1,600 480 3,200 Special land use tracts Area measurement threshold for an urban area (square miles) none 1.0 none. Area measurement threshold outside an urban area (square miles) none 10 none. Table 2.—Standard and Tribal Block Group Thresholds Block group type Threshold type Minimum Maximum Standard and tribal block groups Population threshold 600 3,000 Housing Unit threshold 240 1,200 Special land use block groups Area measurement threshold for an urban area (square miles) 1.0 none. Area measurement threshold outside an urban area (square miles) 10 none. All tribal census tracts and tribal block groups must follow all of the published criteria and guidelines for standard block groups and standard census tracts (see 73 FR 13829; March 14, 2008, and 73 FR 13836; March 14, 2008, respectively), except that they do not have to nest within states or counties. They must nest within an individual AIR and/or ORTL and must be identified uniquely so as to clearly distinguish them from standard census tracts and block groups (see below). Because census blocks will be numbered within standard block groups, and tribal block groups will be identified uniquely from standard block groups, there will not be a relationship between tribal block group identifiers and census block numbers. Thus, tribal block group A might contain census blocks numbered in different “thousand” ranges ( *e.g.* , blocks 1001, 2001, and 3001). Tribal census tracts and tribal block groups defined for the 2010 Census will be used to tabulate data from the ACS. As a general rule, estimates from programs providing sample data, including the ACS, for geographic areas with smaller populations will be subject to higher sampling variances than comparable estimates for areas with larger populations. In addition, the availability and amount of data published for geographic areas with small populations may be reduced compared to that for geographic areas with larger populations. Aiming to create tribal census tracts that meet the optimal population of 4,000, and at least maintaining the minimum population threshold of 1,200, will improve the reliability and availability of data, and PSAP and TSAP participants should consider these factors when defining both tribal and standard tracts. A similar relationship between size of population and reliability and availability of data applies to tribal block groups and standard block groups. The Census Bureau uses Census 2000 population and housing unit counts to verify that a tribal census tract or tribal block group meets the thresholds, and if the thresholds are not met, the Census Bureau asks for other supporting information, such as tribal or local estimates for the same area. All tribal census tracts and tribal block groups, like all statistical geographic entities, are reviewed by the Census Bureau, compared against published criteria and guidelines, and accepted on a case-by-case basis. Population counts should be used in tribal census tract and tribal block group review. Housing unit counts should be used for seasonal and other unique communities that may have no or low population on Census Day (April 1). Tribal and/or locally produced population and housing unit estimates can be used when reviewing and updating tracts. The housing unit thresholds are based on a national average of 2.5 persons per housing unit. The Census Bureau recognizes that there are regional variations to this average, and will take this into consideration when reviewing all tribal census tract and tribal block group proposals, if notified. On a case-by-case basis, the Census Bureau may waive the maximum population and housing thresholds, if requested, and explanations submitted. Identification of Tribal Census Tracts and Tribal Block Groups for the 2010 Census A tribal tract code will always begin with a “T” followed by three digits. For example, tribal census tract one on an AIR and/or ORTL will have a code of “T001” for the 2010 Census. Standard census tracts that have the majority of their population, housing units, and/or area made up of an AIR and/or ORTL, will be numbered between 9401-9499 for the 2010 Census. All other standard census tracts that had a census tract code between 9400 and 9499, for Census 2000, will be renumbered for the 2010 Census. Tribal tract codes must be unique within each AIR and/or ORTL. A tribal block group will always be designated with a single capital letter from A through K (except for the letter “I”) for the 2010 Census. Tribal block group identifiers must be unique within each tribal tract. Census blocks will be numbered uniquely within standard block group, and no relationship will exist between the tribal block group identifier and the number of census blocks contained within. A tribal block group might contain census blocks numbered in different “thousand” ranges ( *e.g.* , blocks 1001, 2001, and 3001). C. Proposed Criteria and Guidelines for Census Designated Places
(CDPs)Defined Within Federally Recognized AIRs, ORTLs, and OTSAs for the 2010 Census CDPs are statistical geographic entities representing closely settled, unincorporated communities, which are locally recognized and identified by name. They are the statistical equivalents of incorporated places, with the primary differences being the lack of both a legally defined boundary and an active, functioning governmental structure, chartered by the state and administered by elected officials. CDPs encompass a concentration of population, housing, and commercial structures that is clearly identifiable by a single name, but is not within an incorporated place. A CDP should have population during at least one entire season of the year, and have a higher housing unit and population density than surrounding areas. CDPs cannot be coextensive with an entire AIR, ORTL, OTSA, or any other AIA. CDPs may extend off AIRs, ORTLs, or OTSAs for the 2010 Census. CDPs are delineated through both the TSAP and the PSAP for the 2010 Census. Federally recognized tribes with AIRs, ORTLs, or OTSAs may update or delineate new CDPs on those geographic entities through the TSAP. Tribes that would like to delineate CDPs for communities completely off AIRs, ORTLs, and/or OTSAs should work through the PSAP with the primary participants for the areas in which they are interested. Tribes are urged to contact the Regional Census Center responsible for their area of interest, as well as the TSAP and PSAP e-mail lists at *geo.tsap.list@census.gov* and *geo.psap.list@census.gov,* respectively, to ensure full participation in the PSAP. V. Definitions of Key Terms Alaska Native area (ANA)—A geographic entity within the State of Alaska that is defined for the collection and tabulation of decennial census data for Alaska Natives. For the 2010 Census, ANAs include Alaska Native Regional Corporations (ANRCs) and Alaska Native Village statistical areas (ANVSAs). Alaska Native Claims Settlement Act (ANCSA)—Legislation (Pub. L. No. 92-203, 85 Stat. 688 (1971); 43 U.S.C. 1602 *et seq.* (2000)) enacted in 1971 that recognized Native villages and Native groups, and established ANRCs and their regional boundaries. Alaska Native Regional Corporation (ANRC)—A legal geographic entity established under the ANCSA as a “Regional Corporation” to conduct both the for-profit and non-profit affairs of Alaska Natives within a defined region of Alaska. Twelve ANRCs cover the entire State of Alaska except for the area within the Annette Island Reserve (an AIR under the governmental authority of the Metlakatla Indian Community). The boundaries used by the Census Bureau for the ANRCs do not represent their land withdrawals, selections, or conveyances under the ANCSA, nor any form of land ownership; rather, they represent their regional boundaries established pursuant to the ANCSA (43 U.S.C. 1606). Alaska Native village (ANV)—A local governmental unit in Alaska that constitutes an association, band, clan, community, group, tribe, or village recognized by and eligible to receive services from the BIA and/or in accordance with the ANCSA as a Native village or Native group. Alaska Native village statistical area (ANVSA)—A statistical geographic entity that represents the residences, permanent and/or seasonal, for Alaska Natives who are members of or receiving governmental services from the defining ANV that are located within the region and vicinity of the ANV's historic and/or traditional location. ANVSAs are intended to represent the relatively densely settled portion of each ANV and should include only an area where Alaska Natives, especially members of the defining ANV, represent a significant proportion of the population during at least one season of the year. ANVSAs also should not contain large areas that are primarily unpopulated or do not include concentrations of Alaska Natives, especially members of the defining ANV. Allotment—Land in the United States allotted to American Indian or Alaska Native
(AIAN)adults primarily pursuant to the Dawes Act in the coterminous 48 states or the Native Allotment Act of 1906 (34 Stat. 197, Chapter 2469) in Alaska. A Native allotment can be up to 160 acres in area (.25 of a square mile), and its title is held in either trust (see “Trust land”) or restricted fee status (see “Restricted fee land”). Allotments were either provided from the lands that are or were part of an AIR or from public lands at large, and generally required each applicant to demonstrate use and occupancy of the allotment for at least a five-year period. The Census Bureau only maps and tabulates data specifically for those allotments that are located off an AIR, currently held in trust, associated with a specific tribe and/or AIR, and which have been provided to the Census Bureau with clear, supporting legal documentation. American Indian—For the purposes of the Census Bureau, any individual who identifies him or herself as AIAN on their returned census form. American Indian reservation (AIR)—An American Indian land area with a boundary established by final treaty, statute, executive order, and/or court order and over which the tribal government of a federally recognized American Indian tribe (federal AIR) or a state recognized American Indian tribe (state AIR) has governmental authority. Along with reservation, designations such as colony, pueblo, rancheria, and reserve may apply to AIRs. Block group (BG)—a combination of census blocks that is a subdivision of a census tract. The BG is the lowest level of geography for which the Census Bureau tabulates sample data. Boundary and Annexation Survey (BAS)—A Census Bureau survey of legal geographic entities that in Alaska includes boroughs, boroughs and cities, municipalities, cities, ANRCs, and federally recognized American Indian reservations. Its purpose is to determine, solely for data collection and tabulation by the Census Bureau, the complete and current inventory and the correct names, legal descriptions, official status, and official boundaries of the legal geographic entities with primary governmental authority over certain lands within the United States as of January 1 of the survey year. The BAS also collects specific information to document the legal actions that established a boundary or imposed a boundary change. Boundary Validation Program (BVP)—The Census Bureau geographic area program providing tribal leaders a final opportunity to review the Census Bureau's depiction of their AIR/ORTL boundaries and provide any corrections to ensure those boundaries are shown correctly as of January 1 of the decennial census year. The BVP occurs after the BAS and prior to tabulation of decennial census data. Bureau of Indian Affairs (BIA)—The primary agency of the federal government, located within the U.S. Department of the Interior (DOI), charged with the trust responsibility between the federal government and federally recognized AIAN tribal governments and communities, including BIA recognized ANVs. Bureau of Land Management (BLM)—The primary agency of the federal government, located within the DOI, charged with carrying out the ANCSA. Census designated place (CDP)—A statistical geographic entity encompassing a concentration of population, housing, and commercial structures that is clearly identifiable by a single name, but is not within an incorporated place. CDPs are the statistical counterparts of incorporated places for distinct unincorporated communities. Contiguous—A description of a geographic entity having an uninterrupted outer boundary such that it forms a single, connected piece of territory. Noncontiguous areas form separate, disconnected pieces. Federal AIR—An area that has been set aside by the United States for the use of a tribe, the exterior boundaries of which are more particularly defined in the final tribal treaty, agreement, Executive Order, federal statute, Secretarial Order, or judicial determination. The Census Bureau recognizes AIRs as territory over which American Indians have primary governmental authority. These entities are known as colonies, communities, pueblos, rancherias, ranches, reservations, reserves, tribal towns, and tribal villages. The BIA maintains a list of federally recognized tribal governments. Federal Recognition or federally recognized—refers to the recognition by the Secretary of the Interior that an American Indian tribe has a government-to-government relationship with the United States and is eligible for the special programs and services provided by the United States to American Indians because of their status as American Indians, and evidenced by inclusion of the tribe on the list of recognized tribes published by the Secretary under 25 U.S.C. 479a-1. Fee land—Area owned in fee simple status (total ownership, not in trust) by a tribe recognized by the federal government or individual members of a tribe. A tribe or an individual holds the title to such land. Tracts and/or parcels of such land can be alienated or encumbered by the owner without the approval of the Secretary of the Interior or his/her authorized representative. This type of land may be located on or off a federally recognized AIR. The Census Bureau does not identify fee land (or land in fee simple status) as a specific geographic category. Fee simple land (or land in fee simple status)—Area owned in fee simple status (total ownership, not in trust) by a tribe recognized by the federal government or individual members of a tribe. A tribe or an individual holds the title to such land. Tracts and/or parcels of such land can be alienated or encumbered by the owner without the approval of the Secretary of the Interior or his/her authorized representative. This type of land may be located on or off a federally recognized AIR. The Census Bureau does not identify fee land (or land in fee simple status) as a specific geographic category. Geographic entity—Once a geographic area is recognized and incorporated into the Census Bureau geographic universe as a discrete area unit, it can be referred to as a “geographic entity” or simply entity. Geographic Names Information System (GNIS)—The GNIS is the federal standard for geographic nomenclature. The U.S. Geological Survey developed the GNIS for the U.S. Board on Geographic Names as the official repository of domestic geographic names data; the official vehicle for geographic names use by all departments of the federal government; and the source for applying geographic names to federal electronic and printed products. The GNIS is available online at: *http://geonames.usgs.gov/domestic/index.html* . Historic Areas of Oklahoma—A geographic area established by the Census Bureau for the 1980 Census that encompassed the former AIRs that had legally established boundaries during the period 1890 through 1907, but whose lands were divided by allotment agreements during the period preceding the establishment of Oklahoma as a state in 1907. The Historic Areas of Oklahoma excluded all territory that was in the Census Bureau's 1980 urbanized areas. The 1980 Census tabulated data for this single entity, which was replaced for the 1990 Census by the designation tribal jurisdiction statistical areas (TJSAs), reflecting, in general, a presentation of the data by individual former AIRs. The TJSAs defined for the 1990 Census included territory without regard to urbanized areas. Incorporated place—A type of governmental unit, incorporated under state law as a city, town (except in New England, New York, and Wisconsin), borough (except in Alaska and New York), or village, generally to provide governmental services for a concentration of people within a legally defined boundary. Individual Trust Land—Area for which the United States federal government holds fee title in trust for the benefit of an individual American Indian. Joint use area—The term, as applied to any AIA by the Census Bureau, means that the area is administered jointly and/or claimed by two or more American Indian tribes. The Census Bureau designates both legal and statistical joint use areas as unique geographic entities for the purpose of presenting statistical data. In no way does this designation confer or imply any legal ownership or authority in the area, but merely describes the relationship between the tribes and the area. Legal geographic entity—A geographically defined governmental, administrative, or corporate entity whose origin, boundary, name, and description result from charters, laws, treaties, or other governmental action. Examples are the United States, states and statistically equivalent entities, counties and statistically equivalent entities, minor civil divisions, incorporated places, congressional districts, American Indian reservations and off-reservation trust lands, school districts, and ANRCs. The legal geographic entities that will be recognized for the 2010 Census are those that will exist on January 1, 2010. Nonvisible feature—A map feature that is not visible on the ground by census enumerators such as a city, borough, or ANRC boundary through space, a property line, or line-of-sight extension of a road. Off-Reservation Trust Land (ORTL)—Area for which the United States federal government holds fee title in trust for the benefit of a tribe (tribal trust land) or for an individual American Indian (individual trust land). Trust lands can be alienated or encumbered only by the owner with the approval of the Secretary of the Interior or his/her authorized representative. Trust lands may be located on or off an AIR. The Census Bureau recognizes and tabulates data for AIRs and ORTLs because the tribe has governmental authority over these lands. Primary tribal governmental authority generally is not attached to tribal lands located off the AIR until the lands are placed in trust. In Census Bureau data tabulations, ORTLs are always associated with a specific federally recognized AIR and/or tribal government. Oklahoma tribal statistical area (OTSA)—A statistical entity identified and delineated by the Census Bureau in consultation with federally recognized American Indian tribes that have no current AIR, but that had a former AIR in Oklahoma. The boundary of an OTSA will be that of the former AIR in Oklahoma, except where modified by agreements with neighboring tribes for statistical data presentation purposes. For Census 2000, the term OTSA replaced the 1990 Census term—tribal jurisdiction statistical area (TJSA). Restricted fee land—A land area for which an individual American Indian or a tribe holds fee simple title subject to limitations or restrictions against alienation or encumbrances as set forth in the title and/or by operation of law. Restricted fee lands may be located on or off a federally recognized reservation. Native allotments in Alaska are one type of restricted fee land. The Census Bureau does not identify restricted fee lands as a specific geographic category. State AIR—Some state governments have established AIRs for tribes recognized by the state. A governor-appointed state liaison provides the name and boundary for each state-recognized AIR to the Census Bureau. State-designated American Indian statistical area (SDAISA)—A statistical entity developed for Census 2000, now called SDTSAs (see SDTSAs for more information). State Designated Tribal Statistical Area (SDTSA)—Called SDAISAs in Census 2000, SDTSAs were created to provide state-recognized American Indian tribes without an AIR statistical data similar to that provided to tribes with AIRs. The program name changed to adhere more closely to the tribal entity naming convention and underscore the criteria changes in effect for the 2010 Census. SDTSAs are identified and delineated for the Census Bureau by a governor-appointed state liaison, working in conjunction with tribal officials through the TSAP. SDTSAs generally encompass a compact and contiguous area in which there is structured or organized tribal activity and a concentration of individuals who identify with a state-recognized American Indian tribe. State Recognition or state-recognized—Refers to American Indian tribes and associated geographic areas that are specifically recognized by a state government through treaty (generally with one of the original thirteen colonial assemblies and/or Great Britain), state legislation, or other formal process. State recognition of a tribe is determined by each respective state government, and conveyed to the Census Bureau by the governor's appointed liaison. Statistical area/statistical geographic entity—A geographic entity specifically defined for the collection and/or tabulation of statistical data from the Census Bureau. Statistical entities are not established by law, and their designation by the Census Bureau neither conveys nor confers legal ownership, entitlement, jurisdiction, or governmental authority. Tribal statistical geographic entities, also called statistical areas, include ANVSAs and TDSAs, among others. Surface estate—That portion of the interest, ownership, or property in land that resides on the earth's surface, as distinguished from the subsurface estate (for example, mineral rights). The Census Bureau collects the boundaries of ORTLs where the surface estate is held in trust; it does not collect the boundaries where only the subsurface estate is held in trust. Tribal Block group—Block groups defined on tribal lands, maintained within the Census Bureau's American Indian geographic hierarchy, defined through the TSAP by tribal primary participants. (See also Block Groups) Tribal Tract—tracts delineated within federally recognized American Indian areas by tribal officials through the TSAP. These are in all respects the functional and programmatic equivalent to standard census tracts and should be treated as such. They were developed to further enhance the data available to federally recognized American Indian tribes with an AIR or ORTL. Tribal designated statistical area (TDSA)—A statistical geographic entity identified and delineated for the Census Bureau by a federally recognized American Indian tribe that does not currently have a reservation and/or off-reservation trust land. A TDSA is intended to be comparable to the AIRs within the same state or region, especially those for tribes that are of similar size. A TDSA encompasses a compact and contiguous area that contains a concentration of individuals who identify with the delineating federally recognized American Indian tribe and within which there is structured, organized tribal activity. Although two TDSAs were delineated within Alaska for Census 2000, TDSAs will not be delineated within Alaska for the 2010 Census. All ANVs eligible to delineate TDSAs within Alaska for Census 2000 are eligible to delineate an ANVSA within Alaska for the 2010 Census. Tribal jurisdiction statistical area (TJSA)—A statistical entity identified and delineated for the 1990 Census to provide a geographic frame of reference for the presentation of statistical data. TJSA boundaries were required to follow census block boundaries and were based upon the boundaries of the former AIRs of federally recognized tribes in Oklahoma. The 1990 Census TJSAs essentially were defined in the same manner as planned for the OTSAs in Census 2000; the descriptive designation is being changed for Census 2000 to correct the impression that these statistical entities conveyed or conferred any jurisdictional authority. Tribal Statistical Areas Program (TSAP)—New for the 2010 Census, the TSAP is intended to consolidate the various AIAN statistical geographic entities into one program. New delineations, updates, and re-delineations of the various tribal statistical geographic entities, including ANVSAs, will all be processed through the TSAP. Tribal subdivision—An administrative subdivision of a federally recognized AIR, ORTLs, or an Oklahoma tribal statistical area (OTSA), known as an area, chapter, community, or district. These entities are internal units of self-government or administration that serve social, cultural, and/or economic purposes for the American Indians on the AIR, ORTLs, or OTSAs. Visible feature—A map feature that can be seen on the ground by census enumerators such as a road, railroad track, a major above-ground transmission line or pipeline, river, stream, shoreline, fence, sharply defined mountain ridge, or cliff. Nonstandard visible features are a subset of visible features that may not be clearly defined on the ground (such as a ridge), may be seasonal (such as an intermittent stream), or may be relatively impermanent (such as a fence). The Census Bureau generally requests verification that a nonstandard visible feature used as a boundary for a statistical geographic entity poses no problem for census enumerators in locating it during fieldwork. Dated: March 27, 2008. Steve H. Murdock, Director, Bureau of the Census. [FR Doc. E8-6665 Filed 3-31-08; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Docket 17-2008] Foreign-Trade Zone 50—Port of Long Beach; Expansion of Subzone 50I; Ultramar Inc.; Wilmington, CA An application has been submitted to the Foreign-Trade Zones Board (the Board) by the Port of Long Beach, grantee of FTZ 50, requesting authority to expand the subzone and the scope of manufacturing activity conducted under zone procedures within Subzone 50I at the refinery owned by Valero Energy Corporation subsidiary Ultramar Inc. in Wilmington, California. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR part 400). It was formally filed on March 21, 2008. Subzone 50I (557 employees) was approved by the Board on August 23, 2002 for the manufacture of fuel products and certain petrochemical feedstocks (Board Order 1244, 67 FR 56983, 9/6/02). The subzone currently consists of three sites (140 acres total): Site 1 (137 acres, 120,000 BPD refinery and 3.1 million barrel storage capacity) is located at 2402 East Anaheim Street, in the Wilmington area of Los Angeles; Site 2 (three tanks, 1.1 million barrel storage capacity), at the Pacific Terminals, Dominguez Hills storage facility, located at 2500 East Victoria St. in Compton, some 5.5 miles from the refinery; and Site 3 (one tank, 180,000 barrel capacity) at the Pacific Terminals, Long Beach Terminal storage facility, located at 2685 Seaside Blvd., Long Beach, some 1.4 miles from the refinery. The applicant is now requesting authority to expand the subzone to include an additional site (proposed Site 4) at the Wilmington Asphalt Plant. The proposed site (41 employees) consists of 6.4 acres and is located at 1651 Alameda in Wilmington, California, approximately 1.6 miles from the main refinery complex. The addition of the site would increase the overall crude distillation capacity of the refinery to 126,000 BPD. No additional feedstocks or products have been requested. Zone procedures would exempt production at the proposed site from customs duty payments on the foreign products used in its exports. On domestic sales, the company would be able to choose the customs duty rates for certain petrochemical feedstocks (duty-free) by admitting foreign crude oil in non-privileged foreign status. The application indicates that the savings from zone procedures would help improve the refinery's international competitiveness. In accordance with the Board's regulations, Elizabeth Whiteman of the FTZ staff is designated examiner to investigate the application and report to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is June 2, 2008. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to June 16, 2008. A copy of the application and accompanying exhibits will be available for public inspection at each of the following locations: U.S. Department of Commerce Export Assistance Center, 51 11150 West Olympic Boulevard, Suite 975, Los Angeles, CA 90064. Office of the Executive Secretary, Foreign-Trade Zones Board, U.S. Department of Commerce, Room 2111, 1401 Constitution Ave. NW., Washington, DC 20230. For further information, contact Elizabeth Whiteman at *Elizabeth_Whiteman@ita.doc.gov* or
(202)482-0473. Dated: March 21, 2008. Andrew McGilvray, Executive Secretary. [FR Doc. E8-6704 Filed 3-31-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 1547] Grant of Authority for Subzone Status; Medline Industries, Inc. (Medical Supply Distribution and Processing); Mundelein, Waukegan, and Libertyville, IL Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order: *Whereas* , the Foreign-Trade Zones Act provides for “* * * the establishment * * * of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,” and authorizes the Foreign-Trade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry; *Whereas* , the Board's regulations (15 CFR Part 400) provide for the establishment of special-purpose subzones when existing zone facilities cannot serve the specific use involved, and when the activity results in a significant public benefit and is in the public interest; *Whereas* , the Illinois International Port District, grantee of Foreign-Trade Zone 22, has made application for authority to establish special-purpose subzone status at the medical supply distribution and processing facilities of Medline Industries, Inc., in Mundelein, Waukegan, and Libertyville, Illinois (Docket 12-2007, filed 3-28-2007); *Whereas* , notice inviting public comment was given in the **Federal Register** (72 FR 16763, 4-5-2007); and *Whereas* , the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and Board's regulations would be satisfied, and that approval of the application would be in the public interest if approval were subject to restriction; *Now, therefore* , the Board hereby grants authority for subzone status for activity related to medical supply distribution and processing at the Medline Industries, Inc., facilities located in Mundelein, Waukegan, and Libertyville, Illinois (Subzone 22O), as described in the application and **Federal Register** notice, subject to the FTZ Act and the Board's regulations, including Section 400.28, and further subject to a restriction requiring that certain foreign-origin textile and apparel products 1 must be admitted to the subzone under privileged foreign status (19 CFR 146.41) or domestic status (19 CFR 146.43). 1 Textile and apparel products that must be admitted to Subzone 22O in privileged foreign status or domestic (Duty-paid) status: 4202.92.9026, 5207.10, 5207.90, 5208.11, 5208.12, 5208.13, 5208.19, 5208.21, 5208.21.6090, 5208.22, 5208.29, 5208.31, 5208.32, 5208.33, 5208.39, 5208.41, 5208.42, 5208.43, 5208.49, 5208.51, 5208.52, 5208.59, 5602.10, 5602.21, 5602.29, 5602.90, 5603.11, 5603.12, 5603.13, 5603.14, 5603.91, 5603.92, 5603.12.0090, 5603.93, 5806.31, 5806.10, 5806.20, 5806.31, 5806.32, 5806.39, 5906.91.25, 5906.99.25, 6111.20, 6111.30, 6111.90, 6117.10, 6117.80.30, 6117.80.95, 6117.90, 6207.11, 6207.19, 6207.21, 6207.22, 6207.29, 6207.91, 6207.99, 6208.11, 6208.19, 6208.21, 6208.22, 6208.29, 6210.10, 6210.20.50, 6210.20.90, 6210.30, 6210.40, 6210.50.50, 6210.50.90, 6211.11, 6211.12, 6211.20, 6211.32, 6211.33, 6211.39, 6211.41, 6211.42, 6211.43, 6211.49, 6301.10, 6301.20, 6301.30, 6301.40, 6301.90, 6302.10, 6302.21, 6302.22, 6302.31, 6302.32, 6302.39, 6302.40, 6302.51, 6302.53, 6302.59, 6302.60, 6302.91, 6302.93, 6302.99, 6307.10, 6307.90. Signed at Washington, DC, this 19th day of March, 2008. David M. Spooner, Assistant Secretary of Commerce for Import Administration, Alternate Chairman, Foreign-Trade Zones Board. [FR Doc. E8-6707 Filed 3-31-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 1553] Grant of Authority For Subzone Status; MOVA Pharmaceutical Corporation (Pharmaceuticals); Manati , Puerto Rico Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order: *Whereas,* the Foreign-Trade Zones Act pro vides for “* * * the establishment * * * of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,” and authorizes the Foreign-Trade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry; *Whereas,* the Board's regulations (15 CFR Part 400) provide for the establishment of special-purpose subzones when existing zone facilities cannot serve the specific use involved, and when the activity results in a significant public benefit and is in the public interest; *Whereas,* the Puerto Rico Industrial Development Company, grantee of FTZ 7, has made application to the Board for authority to establish special-purpose subzone status at the pharmaceutical manufacturing plant of MOVA Pharmaceutical Corporation, located in Manatí, Puerto Rico (FTZ Docket 38-2007, filed 8/14/07); *Whereas,* notice inviting public comment has been given in the **Federal Register** (72 FR 49255, 8/28/07); and, *Whereas,* the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and the Board's regulations are satisfied, and that approval of the application is in the public interest; *Now, therefore,* the Board hereby grants authority for subzone status for activity related to pharmaceutical manufacturing at the MOVA Pharmaceutical Corporation, facility located in Manatí, Puerto Rico (Subzone 7L), as described in the application and **Federal Register** notice, and subject to the FTZ Act and the Board's regulations, including Section 400.28. Signed at Washington, DC, this 19th day of March, 2008. David M. Spooner, Assistant Secretary of Commerce for Import Administration, Alternate Chairman, Foreign-Trade Zones Board. [FR Doc. E8-6708 Filed 3-31-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration A-570-803 13th Administrative Review of Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, from the People's Republic of China: Notice of Amended Final Results of Sales at Less Than Fair Value and Antidumping Duty Order Pursuant to Court Decision AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 1, 2008. FOR FURTHER INFORMATION CONTACT: Paul Walker, 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- 482-0413. SUPPLEMENTARY INFORMATION: Background This matter arose from a challenge to the results in the Department of Commerce's (the “Department”) *Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People's Republic of China: Final Results of Antidumping Duty Administrative Reviews and Final Rescission and Partial Rescission of Antidumping Duty Administrative Reviews* , 70 FR 54897 (September 19, 2005) (“ *Final Results* ”), and accompanying Issues and Decisions Memorandum, covering the period of review (“POR”), February 1, 2003 January 31, 2004. Following publication of the *Final Results* , the Petitioner, Ames True Temper Inc. (“Ames”), filed a lawsuit with the Court of International Trade (“CIT”) challenging the Department's *Final Results* . Ames contested several aspects of the *Final Results* , including the Department's decision to only use certain factors of production (“FOPs”) to value Shandong Huarong Machinery Co., Ltd.'s self-produced, metal pallets. On August 31, 2007 the CIT directed the Department to reopen the record and obtain additional evidence regarding Huarong's production of metal pallets. *See Ames True Temper v. United States* , 2007 Ct. Int'l Trade LEXIS 131, Slip Op. 2007-133 (CIT 2007) (“ *Ames* ”). Pursuant to the CIT's remand instructions, we issued supplemental questionnaires on September 19, 2007 and October 19, 2007. Huarong responded to the questionnaires on October 17, 2007 and October 26, 2007, respectively. In the supplemental questionnaires the Department requested:
(a)consumption ratios for all factors of production (“FOPs”) associated with the production of pallets used in packing and shipping heavy forged hand tools;
(b)information to select surrogate values for any unreported pallet making FOPs; and,
(c)supplier distances for any unreported pallet making FOPs. The Department released the *Draft Results of Redetermination Pursuant to Court Remand* to Ames and Huarong for comment on November 16, 2007. No party submitted comments. On November 28, 2007 the Department filed its final results of redetermination pursuant to remand in *Ames* with the CIT. *See Final Results of Redetermination Pursuant to Court Remand* , Court No. 05-00581 (November 28, 2007) (“ *Final Redetermination* ”), found at http://ia.ita.doc.gov/remands/07-133.pdf. In the remand redetermination, the Department determined that welding wire was consumed in Huarong's pallet making process and that welding wire should have been reported by Huarong as a FOP during the thirteenth review. The Department valued welding wire using publicly available Indian import statistics for February 2003 - January 2004 from the *World Trade Atlas* (“WTA”). Thus, the Department included the cost of welding wire in Huarong's normal value, including freight costs associated with Huarong's purchases of the welding wire. On January 18, 2008 the CIT sustained all aspects of the remand redetermination made by the Department pursuant to the CIT's remand of the Final Results. *See Ames True Temper v. United States* , Slip Op. 08-8 (CIT 2008). On January 30, 2008, consistent with the decision in *Timken Co. v. United States* , 893 F.2d 337 (Fed. Cir. 1990), the Department notified the public that the Court's decision was not in harmony with the Department's final results. *See Heavy Forged Hand Tools from the People's Republic of China: Notice of Court Decision Not In Harmony With Final Results of Administrative Review* , 73 FR 5514 (January 30, 2008). No party appealed the CIT's decision. As there is now a final and conclusive court decision in this case, we are amending our *Final Results* . Amended Final Results As the litigation in this case has concluded, the Department is amending the *Final Results* to reflect the results of our remand determination. The revised dumping margin for the order on axes/adzes in the amended final results is as follows: Exporter Margin Shandong Huarong Machinery Co., Ltd. 175.04% The PRC-wide rate continues to be 175.04 percent as determined in the Department's *Final Results* . The Department intends to issue instructions to U.S. Customs and Border Protection (“CBP”) fifteen days after publication of this notice, to revise the cash deposit rates for the company listed above, effective as of the publication date of this notice. Because Huarong obtained a preliminary injunction, we will also instruct CBP to liquidate all entries at the appropriate rate. 1 1 We will not issue liquidation instructions with respect to any other heavy forged handtools order, i.e., bars/wedges, picks/mattocks and hammers/sledges. This notice is published in accordance with sections 735(d) and 777(i) of the Tariff Act of 1930, as amended. Dated: March 14, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-6679 Filed 3-31-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD Operations, Customs Unit, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone:
(202)482-4697. Background Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspension of investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended (the Act), may request, in accordance with section 351.213
(2007)of the Department of Commerce (the Department) Regulations, that the Department conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. *Opportunity To Request a Review:* Not later than the last day of April 2008, 1 interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in April for the following periods: 1 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when the Department is closed. Period Antidumping Duty Proceedings France: Sorbitol A-427-001 4/1/07-3/31/08 Norway: Fresh and Chilled Atlantic Salmon, A-403-801 4/1/07-3/31/08 The People's Republic of China: Activated Carbon, A-570-904 10/11/06-3/31/08 Automotive Replacement Glass Windshields, A-570-867 4/1/07-4/3/07 Brake Rotors, A-570-846 4/1/07-3/31/08 Magnesium Metal, A-570-896 4/1/07-3/31/08 Non-Malleable Cast Iron Pipe Fittings, A-570-875 4/1/07-3/31/08 Russia: Magnesium Metal, A-821-819 4/1/07-3/31/08 Turkey: Certain Steel Concrete Reinforcing Bars, A-489-807 4/1/07-3/31/08 Countervailing Duty Proceedings Norway: Fresh and Chilled Atlantic Salmon, C-403-802 1/1/07-12/31/07 Suspension Agreements None In accordance with section 351.213(b) of the regulations, an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review, and the requesting party must state why it desires the Secretary to review those particular producers or exporters. 2 If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which were produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. 2 If the review request involves a non-market economy and the parties subject to the review request do not qualify for separate rates, all other exporters of subject merchandise from the non-market economy country who do not have a separate rate will be covered by the review as part of the single entity of which the named firms are a part. Please note that, for any party the Department was unable to locate in prior segments, the Department will not accept a request for an administrative review of that party absent new information as to the party's location. Moreover, if the interested party who files a request for review is unable to locate the producer or exporter for which it requested the review, the interested party must provide an explanation of the attempts it made to locate the producer or exporter at the same time it files its request for review, in order for the Secretary to determine if the interested party's attempts were reasonable, pursuant to 19 CFR 351.303(f)(3)(ii). As explained in *Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,* 68 FR 23954 (May 6, 2003), the Department has clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders. See also the Import Administration Web site at *http://ia.ita.doc.gov.* Six copies of the request should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230. The Department also asks parties to serve a copy of their requests to the Office of Antidumping/Countervailing Operations, Attention: Sheila Forbes, in room 3065 of the main Commerce Building. Further, in accordance with section 351.303(f)(l)(i) of the regulations, a copy of each request must be served on every party on the Department's service list. The Department will publish in the **Federal Register** a notice of “Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation” for requests received by the last day of April 2008. If the Department does not receive, by the last day of April 2008, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct the U.S. Customs and Border Protection to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. This notice is not required by statute but is published as a service to the international trading community. Dated: March 26, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-6709 Filed 3-31-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of Upcoming Sunset Reviews. Background Every five years, pursuant to section 751(c) of the Tariff Act of 1930, as amended, the Department of Commerce (“the Department”) and the International Trade Commission automatically initiate and conduct a review to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. Upcoming Sunset Reviews for May 2008 The following Sunset Review is scheduled for initiation in May 2008 and will appear in that month's Notice of Initiation of Five-Year Sunset Reviews. *Antidumping Duty Proceedings:* Lawn and Garden Steel Fence Posts from the PRC (A-570-877). *Department Contact:* Juanita Chen,
(202)482-1904. *Countervailing Duty Proceedings:* No Sunset Review of countervailing duty proceedings are scheduled for initiation in May 2008. *Suspended Investigations:* No Sunset Review of suspended investigations are scheduled for initiation in May 2008. The Department's procedures for the conduct of Sunset Reviews are set forth in 19 CFR 351.218. Guidance on methodological or analytical issues relevant to the Department's conduct of Sunset Reviews is set forth in the Department's Policy Bulletin 98.3—Policies Regarding the Conduct of Five-Year (“Sunset”) Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) . The Notice of Initiation of Five-Year (“Sunset”) Reviews provides further information regarding what is required of all parties to participate in Sunset Reviews. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 15 days of the publication of the Notice of Initition. Please note that if the Department receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. This notice is not required by statute but is published as a service to the international trading community. Dated: March 27, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-6693 Filed 3-31-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration A-570-932 Steel Threaded Rod from the People's Republic of China: Initiation of Antidumping Duty Investigation AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 1, 2008. FOR FURTHER INFORMATION CONTACT: Juanita H. Chen, AD/CVD Operations, China/NME Group, SEC Office, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 202-482-1904. INITIATION OF INVESTIGATION: The Petition On March 5, 2008, the Department of Commerce (“Department”) received a petition concerning imports of steel threaded rod from the People's Republic of China (“PRC”), filed in proper form by Vulcan Threaded Products, Inc. (“Petitioner”). *See* Petition for the Imposition of Antidumping Duties on Certain Steel Threaded Rod from the People's Republic of China, filed March 5, 2008 (“Petition”). On March 7, and March 14, 2008, the Department issued requests for additional information and clarification of certain areas of the Petition. Based on the Department's requests, Petitioner filed additional information on March 12, 2008 (“Supplement to the Petition”), and on March 18, 2008 (“Second Supplement”). In accordance with section 732(b) of the Tariff Act of 1930, as amended (“Act”), Petitioner alleges that imports of steel threaded rod from the PRC are being, or are likely to be, sold in the United States at less than fair value (“LTFV”), within the meaning of section 731 of the Act, and that the domestic industry is materially injured or threatened with material injury by reason of such imports. The Department finds that Petitioner may file this Petition on behalf of the domestic industry because Petitioner is an interested party as defined in section 771(9)(C) of the Act, and has demonstrated sufficient industry support with respect to the antidumping duty investigation. *See* “Determination of Industry Support for the Petition” section, *infra* . Period of Investigation The period of investigation (“POI”) is July 1, 2007, through December 31, 2007. *See* 19 C.F.R. 351.204(b)(1). Scope of Investigation The merchandise covered by this investigation is steel threaded rod. Steel threaded rod is certain threaded rod, bar, or studs, of carbon quality steel, having a solid, circular cross section, of any diameter, in any straight length, that have been forged, turned, cold-drawn, cold-rolled, machine straightened, or otherwise cold-finished, and into which threaded grooves have been applied. In addition, the steel threaded rod, bar, or studs subject to this investigation are non-headed and threaded along greater than 25 percent of their total length. A variety of finishes or coatings, such as plain oil finish as a temporary rust protectant, zinc coating ( *i.e.* , galvanized, whether by electroplating or hot-dipping), paint, and other similar finishes and coatings, may be applied to the merchandise. Included in the scope of this investigation are steel threaded rod, bar, or studs, in which:
(1)iron predominates, by weight, over each of the other contained elements;
(2)the carbon content is 2 percent or less, by weight; and
(3)none of the elements listed below exceeds the quantity, by weight, respectively indicated: • 1.80 percent of manganese, or • 1.50 percent of silicon, or • 1.00 percent of copper, or • 0.50 percent of aluminum, or • 1.25 percent of chromium, or • 0.30 percent of cobalt, or • 0.40 percent of lead, or • 1.25 percent of nickel, or • 0.30 percent of tungsten, or • 0.012 percent of boron, or • 0.10 percent of molybdenum, or • 0.10 percent of niobium, or • 0.41 percent of titanium, or • 0.15 percent of vanadium, or • 0.15 percent of zirconium. Steel threaded rod is currently classifiable under subheading 7318.15.5060 of the Harmonized Tariff Schedule of the United States (“HTSUS”). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise is dispositive. Excluded from the scope of the investigation are:
(a)threaded rod, bar, or studs which are threaded only on one or both ends and the threading covers 25 percent or less of the total length; and
(b)threaded rod, bar, or studs made to American Society for Testing and Materials (“ASTM”) A193 Grade B7, ASTM A193 Grade B7M, ASTM A193 Grade B16, or ASTM A320 Grade L7. Comments on Scope of Investigation During review of the Petition, the Department discussed the scope with Petitioner to ensure that the scope is an accurate reflection of the products for which the domestic industry is seeking relief. In addition, as discussed in the preamble to the Department's regulations, the Department is setting aside a period of time for interested parties to raise issues regarding product coverage. *See Antidumping Duties; Countervailing Duties; Final Rule* , 62 FR 27296, 27323 (May 19, 1997). The Department encourages all interested parties to submit such comments to the Department by April 15, 2008. Comments should be addressed to Import Administration's APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230, attention Juanita Chen, room 4003. The period of scope consultations is intended to provide the Department with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determination. Comments on Product Characteristics for Antidumping Duty Questionnaire The Department is requesting comments from interested parties regarding the appropriate physical characteristics of steel threaded rod to be reported in response to the Department's antidumping questionnaire. This information will be used to identify the key physical characteristics of the subject merchandise in order for any respondents to report more accurately the relevant factors of production, as well as develop appropriate product reporting criteria, in accordance with the Department's non-market economy (“NME”) methodology, as described in the “Normal Value” section, *infra* . Interested parties may provide any information or comments that they believe are relevant to the development of an accurate listing of physical characteristics. Specifically, interested parties may provide comments as to which characteristics are appropriate to use as: 1) general product characteristics; and 2) product reporting criteria. The Department notes that it is not always appropriate to use all product characteristics as product reporting criteria. While there may be some physical product characteristics that manufacturers use to describe steel threaded rod, it may be that only a select few product characteristics take into account meaningful physical characteristics of steel threaded rod. In order to consider the suggestions of interested parties in developing and issuing the antidumping duty questionnaire, the Department must receive non-proprietary comments at the above-referenced address by April 15, 2008, and receive rebuttal comments by April 25, 2008. Determination of Industry Support for the Petition Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for:
(i)at least 25 percent of the total production of the domestic like product; and
(ii)more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall:
(i)poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A), or
(ii)determine industry support using a statistically valid sampling method. Section 771(4)(A) of the Act defines the “industry” as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (“ITC”), which is responsible for determining whether “the domestic industry” has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product (section 771(10) of the Act), they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law. *See USEC, Inc. v. United States* , 132 F. Supp. 2d 1, 8 (CIT 2001), *citing Algoma Steel Corp. Ltd. v. United States* , 688 F. Supp. 639, 644 (CIT 1988), *aff'd* 865 F.2d 240 (Fed. Cir. 1989), *cert. denied* 492 U.S. 919 (1989). Section 771(10) of the Act defines the domestic like product as “a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this subtitle.” Thus, the reference point from which the domestic like product analysis begins is “the article subject to an investigation” ( *i.e.* , the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, Petitioner does not offer a definition of domestic like product distinct from the scope of the investigation. Based on the Department's analysis of the information submitted on the record, the Department has determined that steel threaded rod constitutes a single domestic like product and the Department has analyzed industry support in terms of that domestic like product. For a discussion of the domestic like product analysis in this case, *see* “Antidumping Duty Investigation Initiation Checklist: Steel Threaded Rod from the People's Republic of China” (“Initiation Checklist”), at Attachment II (Industry Support), on file in the Central Records Unit, Room 1117 of the main Department of Commerce building. The Department's review of the data provided in the Petition, supplemental submissions, and other information readily available to the Department indicates that Petitioner has established industry support. First, the Petition establishes support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, the Department is not required to take further action in order to evaluate industry support ( *e.g.* , polling). *See* Section 732(c)(4)(D) of the Act. Second, the domestic producers have met the statutory criteria for industry support under 732(c)(4)(A)(i) because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product. Finally, the domestic producers have met the statutory criteria for industry support under 732(c)(4)(A)(ii) because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition. Accordingly, the Department determines that the Petition was filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act. *See* Initiation Checklist, at Attachment II. The Department finds that Petitioner filed the Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act and it has demonstrated sufficient industry support with respect to the antidumping investigation that it is requesting the Department initiate. *See* Initiation Checklist, at Attachment II. Allegations and Evidence of Material Retardation and of Material Injury and Causation Petitioner alleges that the U.S. industry producing the domestic like product is being materially injured by reason of the imports of the subject merchandise sold at less than normal value (“NV”). Petitioner contends that the industry's injured condition is illustrated by the reduced market share, reduced production, and capacity utilization, reduced shipments, increased inventory, underselling and price depressing and suppressing effects, lost revenue and sales, reduced employment, a decline in financial performance, and an increase in import penetration. The Department has assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and the Department determines that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation. *See* Initiation Checklist, at Attachment III. Allegation of Sales at Less Than Fair Value The following is a description of the allegation of sales at LTFV upon which the Department based its decision to initiate this investigation of imports of steel threaded rod from the PRC. The sources of data for the deductions and adjustments relating to the U.S. price and the factors of production are also discussed in the checklist. *See* Initiation Checklist. Should the need arise to use any of this information as facts available under section 776 of the Act in the preliminary or final determinations, the Department will reexamine the information and revise the margin calculations, if appropriate. Export Price Petitioner relied on 24 price quotes on three steel threaded rod products from the PRC offered for sale to the U.S. customer during the POI. *See* Petition, at 30 and Exhibits 22 and 23; Supplement to the Petition, at Exhibit G; Second Supplement at Exhibit C. Petitioner deducted from the prices the costs associated with exporting and delivering the product, including ocean freight, U.S. inland freight costs, and distributor markup. *See* Initiation Checklist. Petitioner also deducted discounts, when applicable. *See* Initiation Checklist. Petitioner calculated the freight charges and distributor mark-up based on its own industry knowledge and experience. *See* Petition, at Exhibits 22; Supplement to the Petition, at Exhibit G; Second Supplement, at Exhibit C. Normal Value Petitioner notes that the Department's long-standing treatment of the PRC as an NME country remains in effect until revoked by the Department, and notes that no such revocation determination has been made to date. *See* Petition, at 27. The Department has previously examined the PRC's market status and determined that NME status should continue for the PRC. *See* Memorandum from the Office of Policy to David M. Spooner, Assistant Secretary for Import Administration, regarding The People's Republic of China Status as a Non-Market Economy, dated May 15, 2006 (available online at http://ia.ita.doc.gov/download /prc-nme-status/prc-nme-status-memo.pdf). In addition, in recent investigations, the Department has continued to determine that the PRC is an NME country. *See Final Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of Critical Circumstances: Certain Polyester Staple Fiber from the People's Republic of China* , 72 FR 19690 (April 19, 2007); *Final Determination of Sales at Less Than Fair Value: Certain Activated Carbon from the People's Republic of China* , 72 FR 9508 (March 2, 2007). In accordance with section 771(18)(C)(i) of the Act, the presumption of NME status remains in effect until revoked by the Department. The presumption of NME status for the PRC has not been revoked by the Department and, therefore, remains in effect for purposes of the initiation of this investigation. Accordingly, the NV of the product is appropriately based on factors of production valued in a surrogate market economy country, in accordance with section 773(c) of the Act. In the course of this investigation, all parties will have the opportunity to provide relevant information related to the issues of the PRC's NME status and the granting of separate rates to individual exporters. Petitioner argues that India is the appropriate surrogate country for the PRC, because it is a market-economy country at a comparable level of economic development, its surrogate data is available and reliable, and it is a significant producer of steel threaded rod. *See* Petition, at 27-28. Petitioner asserts that other potential surrogate countries are not known manufacturers of steel threaded rod. *See* Petition, at 28; Initiation Checklist. Based on the information provided by Petitioner, the Department believes that the use of India as a surrogate country is appropriate for purposes of initiation. However, after initiation of the investigation, interested parties will have the opportunity to submit comments regarding surrogate country selection and, pursuant to 19 C.F.R. 351.301(c)(3)(i), will be provided an opportunity to submit publicly available information to value factors of production within 40 days after the date of publication of the preliminary determination. Petitioner calculated NVs and dumping margins for each of the U.S. prices, discussed above, using the Department's NME methodology as required by 19 C.F.R. 351.202(b)(7)(i)(C) and 19 C.F.R. 351.408. Petitioner calculated NVs based on its own consumption rates for producing steel threaded rod in 2007. *See* Initiation Checklist. Petitioner states that its production experience is representative of the production process used in the PRC because all of the material inputs and processing must be virtually identical, and are unlikely to be materially different for a Chinese producer of steel threaded rod. *See* Supplement to the Petition, at 9. Petitioner valued the factors of production on reasonably available, public surrogate country data, including India statistics from the World Trade Atlas, public information from the website of the Joint Plant Committee, an Indian institution that collects data on the Indian iron and steel industry, and Key World Energy Statistics 2003, published by the International Energy Agency, as adjusted and used by the Department in the twelfth administrative review of fresh garlic from the PRC. *See* Initiation Checklist. Where Petitioner was unable to find input prices contemporaneous with the POI, Petitioner adjusted for inflation using the wholesale price index for India, as published in “International Financial Statistics” by the International Monetary Fund. *See* Petition, at 29 and Exhibit 20. For purposes of initiation, the Department determines that the surrogate values used by Petitioner are reasonably available and, thus, acceptable for purposes of initiation. Petitioner based factory overhead expenses, selling, general and administrative expenses, and profit, on data from Lakshmi Precision Screws Limited (“Lakshmi”), an Indian manufacturer of fasteners, for the fiscal year ending March 31, 2007. *See* Petition, at Exhibit 21. The Department has previously relied on Lakshmi's data for other antidumping investigation initiations and finds Petitioner's use of Lakshmi's financial ratios appropriate for purposes of initiation. *See* Initiation Checklist; *see also* Steel Wire Garment Hangers from the PRC: AD Investigation Initiation Checklist (September 10, 2007); and Steel Nails from the PRC: AD Investigation Initiation Checklist (July 9, 2007). However, the Department has made minor modifications, as appropriate, to the surrogate financial ratios as calculated by Petitioner. *See* Initiation Checklist, at Attachment V. Fair Value Comparisons Based on the data provided by Petitioner, as adjusted by the Department, there is reason to believe that imports of steel threaded rod from the PRC are being, or are likely to be, sold in the United States at LTFV. Based on comparisons of export price to NV, calculated in accordance with section 773(c) of the Act, the estimated dumping margins for steel threaded rod range from 36.17 percent to 659.26 percent. *See* Initiation Checklist, at Attachment V. Initiation of Antidumping Investigations Based upon the examination of the Petition on steel threaded rod from the PRC, the Department finds that the Petition meets the requirements of section 732 of the Act. Therefore, the Department is initiating an antidumping duty investigation to determine whether imports of steel threaded rod from the PRC are being, or are likely to be, sold in the United States at LTFV. In accordance with section 733(b)(1)(A) of the Act, unless postponed, the Department will make its preliminary determination no later than 140 days after the date of this initiation. Separate Rates In order to obtain separate-rate status in NME investigations, exporters and producers must submit a separate-rate status application. *See* Policy Bulletin 05.1: Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries (April 5, 2005)(“Separate Rates/Combination Rates Bulletin”), available on the Department's website at http://ia.ita.doc.gov/policy/bull05-1.pdf. The specific requirements for submitting the separate-rate application in this investigation are outlined in detail in the application itself, available on the Department's website at http://ia.ita.doc.gov/ia-highlights-and-news.html on the date of publication of this initiation notice in the **Federal Register** . The separate rate-application will be due on June 2, 2008. NME Respondent Selection and Quantity and Value Questionnaire The Department will request quantity and value information from all known exporters and producers identified in the Petition and Supplement to the Petition. The quantity and value data received from NME exporters/producers will be used as the basis to select the mandatory respondents. The Department requires that the respondents submit a response to both the quantity and value questionnaire and the separate-rate application by the respective deadlines in order to receive consideration for separate-rate status. *See Circular Welded Austenitic Stainless Pressure Pipe from the People's Republic of China: Initiation of Antidumping Duty Investigation* , 73 FR 10221, 10225 (February 26, 2008); and *Initiation of Antidumping Duty Investigation: Certain Artist Canvas From the People's Republic of China* , 70 FR 21996, 21999 (April 28, 2005). Appendix I of this notice contains the quantity and value questionnaire that must be submitted by all NME exporters/producers no later than April 22, 2008. In addition, the Department will post the quantity and value questionnaire along with the filing instructions on the Import Administration website, at http://ia.ita.doc.gov/ia-highlights-and-news.html. The Department will send the quantity and value questionnaire to those PRC companies identified in the Petition, at Exhibit 6, and in the Supplement to the Petition, at Exhibit B. Use of Combination Rates in an NME Investigation The Department will calculate combination rates for certain respondents that are eligible for a separate rate in this investigation. The Separate Rates/Combination Rates Bulletin states: {w}hile continuing the practice of assigning separate rates only to exporters, all separate rates that the Department will now assign in its NME investigations will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well as the pool of non-investigated firms receiving the weighted-average of the individually calculated rates. This practice is referred to as the application of “combination rates” because such rates apply to specific combinations of exporters and one or more producers. The cash-deposit rate assigned to an exporter will apply only to merchandise both exported by the firm in question *and* produced by a firm that supplied the exporter during the period of investigation. *See* Separate Rates/Combination Rates Bulletin, at 6. Distribution of Copies of the Petition In accordance with section 732(b)(3)(A) of the Act and 19 C.F.R. 351.202(f), copies of the public version of the Petition have been provided to the representatives of the Government of the PRC. Because of the particularly large number of exporters and producers identified in the Petition, the Department considers the service of the public version of the Petition to the foreign exporters/producers satisfied by the delivery of a public version to the Government of the PRC, consistent with 19 C.F.R. 351.203(c)(2). U.S. International Trade Commission Notification The Department has notified the ITC of its initiation, as required by section 732(d) of the Act. Preliminary Determination by the International Trade Commission The ITC will preliminarily determine, no later than April 21, 2008, whether there is a reasonable indication that the U.S. industry is materially injured or threatened with material injury by imports of steel threaded rod from the PRC. A negative ITC determination with respect to the investigation will result in the investigation being terminated; otherwise, this investigation will proceed according to statutory and regulatory time limits. This notice is issued and published pursuant to section 777(i) of the Act. Dated: March 25, 2008. David M. Spooner, Assistant Secretary for Import Administration. Appendix I Where it is not practicable to examine all known exporters/producers of subject merchandise, section 777A(c)(2) of the Tariff Act of 1930, as amended, permits us to investigate 1) a sample of exporters, producers, or types of products that is statistically valid based on the information available at the time of selection, or 2) exporters and producers accounting for the largest volume and value of the subject merchandise that can reasonably be examined. In the chart below, please provide the total quantity and total value of all your sales of merchandise covered by the scope of this investigation (see “Scope of Investigation” section of this notice), produced in the PRC, and exported/shipped to the United States during the period July 1, 2007, through December 31, 2007. Market Total Quantity in Pieces Terms of Sale Total Value United States 1. Export Price Sales 2. a. Exporter Name b. Address c. Contact d. Phone No. e. Fax No. 3. Constructed Export Price Sales 4. Further Manufactured Total Sales Total Quantity: • Please report quantity on a metric ton basis. If any conversions were used, please provide the conversion formula and source. Terms of Sales: • Please report all sales on the same terms ( *e.g.* , free on board at port of export). Total Value: • All sales values should be reported in U.S. dollars. Please indicate any exchange rates used and their respective dates and sources. Export Price Sales: • Generally, a U.S. sale is classified as an export price sale when the first sale to an unaffiliated customer occurs before importation into the United States. • Please include any sales exported by your company directly to the United States. • Please include any sales exported by your company to a third-country market economy reseller where you had knowledge that the merchandise was destined to be resold to the United States. • If you are a producer of subject merchandise, please include any sales manufactured by your company that were subsequently exported by an affiliated exporter to the United States. • Please **do not** include any sales of subject merchandise manufactured in Hong Kong in your figures. Constructed Export Price Sales: • Generally, a U.S. sale is classified as a constructed export price sale when the first sale to an unaffiliated customer occurs after importation. However, if the first sale to the unaffiliated customer is made by a person in the United States affiliated with the foreign exporter, constructed export price applies even if the sale occurs prior to importation. • Please include any sales exported by your company directly to the United States; • Please include any sales exported by your company to a third-country market economy reseller where you had knowledge that the merchandise was destined to be resold to the United States. • If you are a producer of subject merchandise, please include any sales manufactured by your company that were subsequently exported by an affiliated exporter to the United States. • Please **do not** include any sales of subject merchandise manufactured in Hong Kong in your figures. Further Manufactured: • Sales of further manufactured or assembled (including re-packaged) merchandise is merchandise that undergoes further manufacture or assembly in the United States before being sold to the first unaffiliated customer. • Further manufacture or assembly costs include amounts incurred for direct materials, labor and overhead, plus amounts for general and administrative expense, interest expense, and additional packing expense incurred in the country of further manufacture, as well as all costs involved in moving the product from the U.S. port of entry to the further manufacturer. [FR Doc. E8-6712 Filed 3-31-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Export Trade Certificate Of Review AGENCY: International Trade Administration. ACTION: Notice of Application for an Export Trade Certificate of Review from Sirius Chemical Group, Inc. SUMMARY: Export Trading Company Affairs (“ETCA”), International Trade Administration, Department of Commerce, has received an application for an Export Trade Certificate of Review (“Certificate”). This notice summarizes the conduct for which certification is sought and requests comments relevant to whether the Certificate should be issued. FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export Trading Company Affairs, International Trade Administration, by telephone at
(202)482-5131 (this is not a toll-free number) or E-mail at *oetca@ita.doc.gov* . SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001-21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from state and federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. Section 302(b)(1) of the Export Trading Company Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a notice in the **Federal Register** identifying the applicant and summarizing its proposed export conduct. Request for Public Comments Interested parties may submit written comments relevant to the determination whether a Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a nonconfidential version of the comments (identified as such) should be included. Any comments not marked privileged or confidential business information will be deemed to be nonconfidential. An original and five
(5)copies, plus two
(2)copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Export Trading Company Affairs, International Trade Administration, U.S. Department of Commerce, Room 7021-B H, Washington, DC 20230. Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the Certificate. Comments should refer to this application as “Export Trade Certificate of Review, application number 08-00004.” A summary of the application follows. Summary of the Application *Applicant:* Sirius Chemical Group, Inc. (“SCG”), 2050 Russett Way, Carson City, Nevada 89703. *Contact:* Jesse J. Storr, President, Telephone:
(770)506-9242. *Application No.:* 08-00004. *Date Deemed Submitted:* March 21, 2008. *Members (in addition to applicant):* None. SCG seeks a Certificate to cover the following specific Export Trade, Export Markets, and Export Trade Activities and Methods of Operations. Export Trade 1. Products All Products. 2. Services All Services. 3. Technology Rights Technology rights, including, but not limited to, patents, trademarks, copyrights, and trade secrets that relate to Products and Services. 4. Export Trade Facilitation Services (As They Relate to the Export of Products, Services and Technology Rights) Export Trade Facilitation Services, including, but not limited to, professional services in the areas of government relations and assistance with state and federal programs; foreign trade and business protocol; consulting; market research and analysis; collection of information on trade opportunities; marketing; negotiations; joint ventures; shipping; export management; export licensing; advertising; documentation and services related to compliance with customs requirements; insurance and financing; trade show exhibitions; organizational development; management and labor strategies; transfer of technology; transportation services; and facilitating the formation of shippers' associations. Export Markets The Export Markets include all parts of the world except the United States (the fifty states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands). Export Trade Activities and Methods of Operation 1. With respect to the sale of Products and Services, licensing of Technology Rights and provision of Export Trade Facilitation Services, SCG may: a. Provide and/or arrange for the provision of Export Trade Facilitation Services; b. Engage in promotional and marketing activities and collect information on trade opportunities in the Export Markets and distribute such information to clients; c. Enter into exclusive and/or non-exclusive licensing and/or sales agreements with Suppliers for the export of Products, Services, and/or Technology Rights to Export Markets; d. Enter into exclusive and/or non-exclusive arrangements with distributors and/or sales representatives in Export Markets; e. Allocate export sales or divide Export Markets among Suppliers for the sale and/or licensing of Products, Services, and/or Technology Rights; f. Allocate export orders among Suppliers; g. Establish the price of Products, Services, and/or Technology Rights for sales and/or licensing in Export Markets; h. Negotiate, enter into, and/or manage licensing agreements for the export of Technology Rights; and i. Enter into contracts for shipping of Products to Export Markets. 2. SCG may exchange information on a one-to-one basis with individual Suppliers regarding that Supplier's inventories and near-term production schedules for the purpose of determining the availability of Products for export and coordinating export with distributors. Dated: March 25, 2008. Jeffrey Anspacher, Director, Export Trading Company Affairs. [FR Doc. E8-6646 Filed 3-31-08; 8:45 am] BILLING CODE 3510-DR-P DEPARTMENT OF COMMERCE International Trade Administration Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 1, 2008. FOR FURTHER INFORMATION CONTACT: Gayle Longest, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW, Washington, D.C. 20230, telephone:
(202)482-3338. SUPPLEMENTARY INFORMATION: Section 702 of the Trade Agreements Act of 1979 (as amended) (“the Act”) requires the Department of Commerce (“the Department”) to determine, in consultation with the Secretary of Agriculture, whether any foreign government is providing a subsidy with respect to any article of cheese subject to an in-quota rate of duty, as defined in section 702(h) of the Act, and to publish an annual list and quarterly updates to the type and amount of those subsidies. We hereby provide the Department's quarterly update of subsidies on articles of cheese that were imported during the period October 1, 2007 through December 31, 2007. The Department has developed, in consultation with the Secretary of Agriculture, information on subsidies (as defined in section 702(h) of the Act) being provided either directly or indirectly by foreign governments on articles of cheese subject to an in-quota rate of duty. The appendix to this notice lists the country, the subsidy program or programs, and the gross and net amounts of each subsidy for which information is currently available. The Department will incorporate additional programs which are found to constitute subsidies, and additional information on the subsidy programs listed, as the information is developed. The Department encourages any person having information on foreign government subsidy programs which benefit articles of cheese subject to an in-quota rate of duty to submit such information in writing to the Assistant Secretary for Import Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW, Washington, D.C. 20230. This determination and notice are in accordance with section 702(a) of the Act. Dated: March 24, 2008. David M. Spooner, Assistant Secretary for Import Administration. APPENDIX SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY Country Program(s) Gross 1 Subsidy ($/lb) Net 2 Subsidy ($/lb) 27 European Union Member States 3 European Union Restitution Payments $ 0.00 $0.00 Canada Export Assistance on Certain Types of Cheese $ 0.35 $ 0.35 Norway Indirect
(Milk)Subsidy $ 0.00 $ 0.00 *Consumer Subsidy* *$ 0.00* *$ 0.00* Total $ 0.00 $ 0.00 Switzerland Deficiency Payments $ 0.00 $ 0.00 1 Defined in 19 U.S.C. 1677(5). 2 Defined in 19 U.S.C. 1677(6). 3 The 27 member states of the European Union are: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, the United Kingdom. [FR Doc. E8-6714 Filed 3-31-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration North American Free-Trade Agreement, Article 1904; NAFTA Panel Reviews; Request for Panel Review AGENCY: NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of first request for panel review. SUMMARY: On March 12, 2008, ThyssenKrupp Mexinox S.A. de C.V. and Mexinox USA, Inc. (collectively “Mexinox”) filed a First Request for Panel Review with the United States Section of the NAFTA Secretariat pursuant to Article 1904 of the North American Free Trade Agreement. Panel review was requested of the Final Results of the 2005/2006 Antidumping Duty Administrative Review made by the International Trade Administration, respecting Stainless Steel Sheet and Strip in Coils from Mexico. The determination was published in the **Federal Register** (73 Fed. Reg. 7710) on February 11, 2008. The NAFTA Secretariat has assigned Case Number USA-MEX-2008-1904-01 to this request. FOR FURTHER INFORMATION CONTACT: Marsha Ann Y. Iyomasa, Deputy United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230,
(202)482-5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade Agreement (“Agreement”) establishes a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by independent binational panels. When a Request for Panel Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination. Under Article 1904 of the Agreement, which came into force on January 1, 1994, the Government of the United States, the Government of Canada and the Government of Mexico established *Rules of Procedure for Article 1904 Binational Panel Reviews* (“Rules”). These Rules were published in the **Federal Register** on February 23, 1994 (59 FR 8686). A first Request for Panel Review was filed with the United States Section of the NAFTA Secretariat, pursuant to Article 1904 of the Agreement, on March 12, 2008, requesting panel review of the determination and order described above. The Rules provide that:
(a)A Party or interested person may challenge the final determination in whole or in part by filing a Complaint in accordance with Rule 39 within 30 days after the filing of the first Request for Panel Review (the deadline for filing a Complaint is April 11, 2008);
(b)A Party, investigating authority or interested person that does not file a Complaint but that intends to appear in support of any reviewable portion of the final determination may participate in the panel review by filing a Notice of Appearance in accordance with Rule 40 within 45 days after the filing of the first Request for Panel Review (the deadline for filing a Notice of Appearance is April 28, 2008); and
(c)The panel review shall be limited to the allegations of error of fact or law, including the jurisdiction of the investigating authority, that are set out in the Complaints filed in the panel review and the procedural and substantive defenses raised in the panel review. Dated: March 26, 2008. Marsha Ann Y. Iyomasa, Deputy United States Secretary, NAFTA Secretariat. [FR Doc. E8-6690 Filed 3-31-08; 8:45 am] BILLING CODE 3510-GT-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Evaluation of State Coastal Management Programs and National Estuarine Research Reserves AGENCY: National Oceanic and Atmospheric Administration (NOAA), Office of Ocean and Coastal Resource Management, National Ocean Service, Commerce. ACTION: Notice of Intent to Evaluate and Notice of Availability of Final Findings. SUMMARY: The NOAA Office of Ocean and Coastal Resource Management
(OCRM)announces its intent to evaluate the performance of the Wells (Maine) National Estuarine Research Reserve, the Narragansett Bay (Rhode Island) National Estuarine Research Reserve, and the Wisconsin Coastal Management Program. The Coastal Zone Management Program evaluation will be conducted pursuant to section 312 of the Coastal Zone Management Act of 1972, as amended
(CZMA)and regulations at 15 CFR Part 923, Subpart L. The National Estuarine Research Reserve evaluations will be conducted pursuant to sections 312 and 315 of the CZMA and regulations at 15 CFR Part 921, Subpart E and Part 923, Subpart L. The CZMA requires continuing review of the performance of states with respect to coastal program implementation. Evaluation of Coastal Management Programs and National Estuarine Research Reserves requires findings concerning the extent to which a state has met the national objectives, adhered to its Coastal Management Program document or Reserve final management plan approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA. Each evaluation will include a site visit, consideration of public comments, and consultations with interested Federal, state, and local agencies and members of the public. A public meeting will be held as part of the site visit. Notice is hereby given of the dates of the site visits for the listed evaluations, and the dates, local times, and locations of the public meetings during the site visits. *Dates and Times:* The Wells (Maine) National Estuarine Research Reserve evaluation site visit will be held May 13-15, 2008. One public meeting will be held during the week. The public meeting will be held on Wednesday, May 14, 2008, at 5 p.m. at the Mather Auditorium, Wells National Estuarine Research Reserve at Laudholm Farm, 342 Laudholm Farm Road, Wells, Maine. The Narragansett Bay (Rhode Island) National Estuarine Research Reserve evaluation site visit will be held May 20-23, 2008. One public meeting will be held during the week. The public meeting will be held on Wednesday, May 21, 2008, at 12 noon at the Hope Brown Center, Farnham Farm, Prudence Island, Rhode Island. ONLY in the event the ferry to Prudence Island cannot operate, the public meeting will be held on Wednesday, May 21, 2008, at 12 noon at the Foundry, Room 280, 235 Promenade Street, Providence, Rhode Island. The Wisconsin Coastal Management Program evaluation site visit will be held June 16-20, 2008. One public meeting will be held during the week. The public meeting will be held on Wednesday, June 18, 2008, at 6 p.m. at The Crossroads at Big Creek, 2041 Michigan Street, Sturgeon Bay, Wisconsin. ADDRESSES: Copies of states' most recent performance reports, as well as OCRM's evaluation notification and supplemental information request letters to the states, are available upon request from OCRM. Written comments from interested parties regarding these Programs are encouraged and will be accepted until 15 days after the public meeting held for a Program. Please direct written comments to Kate Barba, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East-West Highway, 10th Floor, N/ORM7, Silver Spring, Maryland 20910. When the evaluation is completed, OCRM will place a notice in the **Federal Register** announcing the availability of the Final Evaluation Findings. SUPPLEMENTARY INFORMATION: Notice is hereby given of the availability of the final evaluation findings for the South Slough (Oregon) National Estuarine Research Reserve (South Slough NERR) and the Maryland and New York Coastal Management Programs (CMPs). Sections 312 and 315 of the Coastal Zone Management Act of 1972 (CZMA), as amended, require a continuing review of the performance of coastal states with respect to approval of CMPs and the operation and management of NERRs. The states of Maryland and New York were found to be implementing and enforcing their federally approved coastal management programs, addressing the national coastal management objectives identified in CZMA Section 303(2)(A)-(K), and adhering to the programmatic terms of their financial assistance awards. The South Slough NERR was found to be adhering to programmatic requirements of the NERR System. Copies of these final evaluation findings may be obtained upon written request from: Kate Barba, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East-West Highway, 10th Floor, N/ORM7, Silver Spring, Maryland 20910, or *Kate.Barba@noaa.gov* . FOR FURTHER INFORMATION CONTACT: Kate Barba, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East-West Highway, 10th Floor, N/ORM7, Silver Spring, Maryland 20910,
(301)563-1182. Dated: March 20, 2008. David M. Kennedy, Director, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration. Federal Domestic Assistance Catalog 11.419. Coastal Zone Management Program Administration. [FR Doc. E8-6696 Filed 3-31-08; 8:45 am] BILLING CODE 3510-08-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Hydrographic Services Review Panel Meeting AGENCY: National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), Department of Commerce ACTION: Notice of public meeting (via conference call). SUMMARY: The Hydrographic Services Review Panel
(HSRP)was established by the Secretary of Commerce to advise the Under Secretary of Commerce for Oceans and Atmosphere on matters related to the responsibilities and authorities set forth in section 303 of the Hydrographic Services Improvement Act of 1998, its amendments, and such other appropriate matters that the Under Secretary refers to the Panel for review and advice. The purpose of the conference call is to allow Panel members to deliberate and vote on recommendations related to topics presented during a public meeting in Miami, Florida, on March 7, 2008, and to allow members to deliberate and vote on drafted recommendations on the “Integrated Ocean Observing System Operational Wave Observation Plan.” Written public comments should be submitted to Captain Steven Barnum, Designated Federal Officer (DFO), by April 15, 2008. *Date and Time:* The conference call will convene at 2 p.m. Eastern Time, April 18, 2008, and end at or about 3:30 p.m. FOR FURTHER INFORMATION CONTACT: Captain Steven Barnum, NOAA, Designated Federal Officer (DFO), Office of Coast Survey, National Ocean Service, NOAA (N/CS), 1315 East West Highway, Silver Spring, Maryland 20910; Telephone: 301-713-2770, Fax: 301-713-4019; e-mail: *Steven.Barnum@noaa.gov* or *Hydroservices.panel@noaa.gov;* and for more information visit the NOAA HSRP Web site at *http://nauticalcharts.noaa.gov/ocs/hsrp/hsrp.htm.* SUPPLEMENTARY INFORMATION: This conference call is available to the public through the following, toll free call-in number:
(800)779-9311 participant passcode: HSRP. Interested members of the public may call this number and listen to the meeting. Persons with hearing impairments may follow the proceedings by calling the Federal Relay Service [TTY
(800)877-8339, Voice
(866)377-8642 or Voice Carry-Over
(877)877-6280] and provide the Service with the conference call number and participant passcode. Be sure to notify the operator that it is a “Conference Call” before you provide call number and participant passcode. *Matters to be Considered:* Panel deliberations and a vote is required for recommendations related to “The Integrated Ocean Observing System
(IOOS)Operational Wave Observation Plan;” NOAA's hydrographic services' budget concerns; and other relative, programmatic issues. Briefing materials and an agenda will be posted before the conference call; please visit *http://nauticalcharts.noaa.gov/ocs/hsrp/hsrp.htm.* Dated: March 26, 2008. Captain Steven Barnum, Director, Office of Coast Survey, National Oceanic and Atmospheric Administration. [FR Doc. E8-6721 Filed 3-31-08; 8:45 am] BILLING CODE 3510-JE-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG74 Permits; Foreign Fishing AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of receipt of foreign fishing application. SUMMARY: NMFS publishes for public review and comment information regarding a foreign fishing application submitted under provisions of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). DATES: Comments must be received by April 15, 2008. ADDRESSES: Send comments or requests for a copy of the application to NMFS, Office of International Affairs, 1315 East-West Highway, Silver Spring, MD 20910. Comments on this notice may also be submitted by e-mail to *nmfs.foreignfishing@noaa.gov* . Include in the subject line the following document identifier: RIN 0648-XG74. FOR FURTHER INFORMATION CONTACT: Christopher Rogers, Office of International Affairs,
(301)713-9090. SUPPLEMENTARY INFORMATION: Background Section 204(d) of the Magnuson-Stevens Act (16 U.S.C. 1824(d)) provides, among other things, that the Secretary of Commerce (Secretary) may issue a transshipment permit which authorizes a vessel other than a vessel of the United States to engage in fishing consisting solely of transporting fish or fish products at sea from a point within the U.S. Exclusive Economic Zone
(EEZ)or, with the concurrence of a state, within the boundaries of that state to a point outside the United States. Section 204(d)(3)(D) of the Magnuson-Stevens Act provides that an application may not be approved until the Secretary determines that “no owner or operator of a vessel of the United States which has adequate capacity to perform the transportation for which the application is submitted has indicated ... an interest in performing the transportation at fair and reasonable rates.” NMFS is publishing this notice as part of its effort to make such a determination with respect to the application described below. Summary of Application NMFS has received an application requesting authorization for five Mexican vessels to receive, within the Pacific waters of the U.S. EEZ south of 34°00′ N. lat. and east of 121°00′ W. long., transfers of live tuna from U.S. purse seiners for the purpose of transporting the tuna alive to an aquaculture facility located in Baja California, Mexico. Interested U.S. vessel owners and operators may obtain a copy of the complete application from NMFS (see ADDRESSES ). Dated: March 26, 2008. Dean Swanson, Acting Director, Office of International Affairs, National Marine Fisheries Service. [FR Doc. E8-6698 Filed 3-31-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE Office of the Secretary [DoD-2007-OS-0137] Defense Transportation Regulation, Part IV AGENCY: Department of Defense; United States Transportation Command (USTRANSCOM). ACTION: Notice. SUMMARY: The Department of Defense has published Phase II Interim Final Business Rules for the Families First Personal Property Program in the Defense Transportation Regulation
(DTR)Part IV (DTR 4500.9R). These Phase II Business Rules, Appendix U with eight Attachments, are available on the USTRANSCOM Web site at *http://www.transcom.mil/j5/pt/dtr_part_iv.cfm,* with two execution-type Attachments listed on the Surface Deployment and Distribution Command
(SDDC)Web site at *http://www.sddc.army.mil/Public/Personal%20Property/Families%20First/Phase%20II/Business%20Rules%20Attachments? summary=fullcontent.* The business rules outline how the Department of Defense will manage the movement of personal property using primarily commercial resources. DATES: Comments must be received on or before 30 March 2008. Do not submit comments directly to the point of contact or mail your comments to any address other that what is shown below. Doing so will delay the posting of the submission. You may submit comments, identified by docket number and or RIN number and title, by any of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov.* Follow the instructions for submitting comments. • Mail: Federal Docket Management System Office, 1160 Defense Pentagon, Washington, DC 20301-1160. *Instructions:* All submissions received must include the agency name and docket number or Regulatory Information Number
(RIN)for this **Federal Register** document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at *http://regulations.gov* as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Mr. Jim Teague, United States Transportation Command, TCJ5/4-PT, 508 Scott Drive, Scott Air Force Base, IL 62225-5357;
(618)229-1985 or Ms. Rosia Lindsey, Surface Deployment and Distribution Command, SDDC-PPP-OPS, 709 Ward Drive, Bldg 1990, Scott Air Force Base, IL 62225;
(618)220-5484. SUPPLEMENTARY INFORMATION: Request comments be submitted in “Word Document Format” as indicated above. In furtherance of DOD's goal to develop and implement an efficient personal property program to facilitate quality movements of personal property for our military members and civilian employees, Phase II Business Rules were developed in concert with the Military Services, SDDC and industry. The following Phase II Business Rules are available for review and comment: Appendix U—Phase II Families First (USTRANSCOM Web site). Attachment UA—Electronic Billing (USTRANSCOM Web site). Attachment UE—Minimum Performance Score (USTRANSCOM Web site). Attachment UF—Best Value Score (USTRANSCOM Web site). Attachment UG—TSP Ranking (USTRANSCOM Web site). Attachment UH—Customer Satisfaction Survey (USTRANSCOM Web site). Attachment UJ—Shipment Management (USTRANSCOM Web site). Attachment UQ—Quality Assurance (USTRANSCOM Web site). Attachment UR—Families First Tender of Service (USTRANSCOM Web site). Attachment C—TSP Qualification (SDDC Web site). Attachment D—Rate Filing Document (SDDC Web site). Any subsequent modification(s) to the business rules will be published in the **Federal Register** and incorporated into the Defense Transportation Regulation
(DTR)Part IV (DTR 4500.9R). These program requirements do not impose a legal requirement, obligation, sanction or penalty on the public sector, and will not have an economic impact of $100 million or more. Additional Information In addition, the following final business rules are available on *http://www.sddc.army.mil/Public/Personal%20Property/Families%20First/Phase%20II/Business%20Rules%20Attachments? summary=fullcontent* Attachment K—International Tender. Attachment L—400NG Domestic Tariff. A complete version of the DTR is available via the internet on the USTRANSCOM homepage at *http://www.transcom.mil/j5/pt/dtr_part_iv.cfm.* Dated: March 26, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, DoD. [FR Doc. E8-6660 Filed 3-31-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE United States Marine Corps; Privacy Act of 1974; System of Records AGENCY: United States Marine Corps, DoD. ACTION: Notice to Delete a System of Records Notices. SUMMARY: The U.S. Marine Corps is deleting a system of records notices from its inventory of records systems subject to the Privacy Act of 1974, as amended (5 U.S.C. 552a). DATES: Effective April 1, 2008. ADDRESSES: Send comments to Headquarters, U.S. Marine Corps, FOIA/PA Section (CMC-ARSE), 2 Navy Annex, Room 1005, Washington, DC 20380-1775. FOR FURTHER INFORMATION CONTACT: Ms. Tracy D. Ross at
(703)614-4008. SUPPLEMENTARY INFORMATION: The U.S. Marine Corps' records systems notices for records systems 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 U.S. Marine Corps proposes to delete a system of records notices from its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The changes to the system of records are 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 26, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. Deletion: MRS00001 System Name: Reserve Manpower Management and Pay System. Reason: T7346, Defense Joint Military Pay System-Reserve Component, is a Defense Finance and Accounting Service system that covers this collection. Accordingly, all files have been merged into that system. [FR Doc. E8-6652 Filed 3-31-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army Army Educational Advisory Committee AGENCY: Department of the Army, DoD. ACTION: Notice of open meeting. SUMMARY: Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the following meeting notice is announced: *Name of Committee:* U.S. Army War College Subcommittee of the Army Education Advisory Committee. *Dates of Meeting:* April 17, 2008, and April 18, 2008. *Place of Meeting:* U.S. Army War College, 122 Forbes Avenue, Carlisle, PA, Command Conference Room, Root Hall, Carlisle Barracks, Pennsylvania 17013. *Time of Meeting:* 8 a.m.-5 p.m. *Proposed Agenda:* Receive information briefings; conduct discussions with the Commandant and staff and faculty; table and examine online College issues; assess resident and distance education programs, self-study techniques, assemble a working group for the concentrated review of institutional policies and a working group to address committee membership and charter issues; propose strategies and recommendations that will continue the momentum of federal accreditation success and guarantee compliance with regional accreditation standards. FOR FURTHER INFORMATION CONTACT: To request advance approval or obtain further information, contact Colonel Dennis D. Tewksbury at
(717)245-3097. SUPPLEMENTARY INFORMATION: This meeting is open to the public. Interested persons may submit a written statement for consideration by the U.S. Army War College Subcommittee. Written statements should be no longer than two type-written pages and must address: The issue, discussion, and a recommended course of action. Supporting documentation may also be included as needed to establish the appropriate historical context and to provide any necessary background information. Individuals submitting a written statement must submit their statement to the Designated Federal Officer at USAWC, 122 Forbes Avenue, Carlisle, PA 17013, at any point, however, if a written statement is not received at least 10 calendar days prior to the meeting, which is the subject of this notice, then it may not be provided to or considered by the U.S. Army War College Subcommittee until its next open meeting. The Designated Federal Officer will review all timely submissions with the U.S. Army War College Subcommittee Chairperson, and ensure they are provided to members of the U.S. Army War College Subcommittee before the meeting that is the subject of this notice. After reviewing the written comments, the Chairperson and the Designated Federal Officer may choose to invite the submitter of the comments to orally present their issue during an open portion of this meeting or at a future meeting. The Designated Federal Officer, in consultation with the U.S. Army War College Subcommittee Chairperson, may, if desired, allot a specific amount of time for members of the public to present their issues for review and discussion by the U.S. Army War College Subcommittee. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. E8-6639 Filed 3-31-08; 8:45 am] BILLING CODE 3710-08-P DEPARTMENT OF DEFENSE Department of the Navy [USN-2008-0017] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to Amend a System of Records SUMMARY: The Department of the Navy is amending a system of records notice 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 May 1, 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 specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are 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 26, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. N01070-12 System name: NCIS Administrative Files System (February 22, 1993, 58 FR 10702). Changes: System location: Delete entry and replace with “Primary: Director, Naval Criminal Investigative Service, Washington Navy Yard, Building 111, 716 Sicard Street, SE., Washington Navy Yard, DC 20388-5380. Decentralized Segments: Naval Criminal Investigative Service Field Offices (NCISFOs) retain duplicate copies of certain segments of the administrative files. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* ” Categories of individuals covered by the system: At end of entry, add “Persons communicating by correspondence with DON and NCIS.” Categories of records in the system: Delete para 6. Add the following new paras: “Full name, Social Security Number (SSN), grade level, duty station, special qualifications, or language qualifications, date and place of birth. Unsubstantiated reports to DON components from members of the public alleging imminent invasion, plots, and similar events of a delusional nature and assorted “crank” letters. Unsolicited letters and other communications received by or referred to NCIS for analysis and inquiry when contents convey or can be interpreted to convey a possible threat to DON persons or property.” Authority for maintenance of the system: Delete entry and replace with “10 U.S.C. 5013, Secretary of the Navy and E.O. 9397 (SSN).” Purpose(s): Delete last para and replace with the following new paras: “The records in this system may be used by other DoD components requiring confirmation of security clearance levels and for statistical purposes. Unsolicited letters and other communications received by or referred to NCIS for analysis are used to determine if a possible threat exists or might exist at a later date upon the receipt of additional correspondence. When a threat is determined possible, a formal investigative case is opened.” Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Delete entry and replace with “Automated, electronic media, and paper records.” Retrievability: Delete last para and replace with the following two paras: “For unsubstantiated reports to DON components from members of the public alleging imminent invasion, plots, and similar events of a delusional nature and assorted “crank” letters unsolicited suspicious by name. For unsolicited letters and other communications received by or referred to NCIS for analysis, retrieved by name.” Retention and disposal: Delete last entry and replace with the following two paras: “Unsubstantiated reports to DON components from members of the public alleging imminent invasion, plots, and similar events of a delusional nature and assorted “crank” letters are deleted 1 year. Early destruction is authorized if determined no longer pertinent by annual review. Unsolicited letters and other communications received by or referred to NCIS are deleted 50 years after last entry except paper copy of imaged correspondence which is destroyed upon verification that the record copy has been fully and accurately converted to electronic/optical images.” System manager(s) and address: Delete entry and replace with “Director, Naval Criminal Investigative Service, Washington Navy Yard, Building 111, 716 Sicard Street, SE., Washington, DC 20388-5380.” Notification procedure: Delete entry and replace with “Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the Director, Naval Criminal Investigative Service, Washington Navy Yard, Building 111, Code 00LJF, 716 Sicard Street, SE., Washington, DC 20388-5380. “Requests must contain the full name of the individual and at least one additional personal identifier such as date and place of birth, or Social Security Number (SSN). Persons submitting written requests must properly establish their identity to the satisfaction of the Naval Criminal Investigative Service. This can be accomplished by providing an unsworn declaration that states “I declare under perjury or penalty under the laws of the United States of America that the foregoing is true and correct.” Attorneys or other persons acting on behalf of an individual must provide written authorization from that individual for their representative to act on their behalf.” Record access procedures: Delete entry and replace with “Individuals seeking access to records about themselves contained in this system of records should address written inquiries to the Director, Naval Criminal Investigative Service, Washington Navy Yard, Building 111, Code 00JF, 716 Sicard Street, SE., Washington, DC 20388-5380. Requests must contain the full name of the individual and at least one additional personal identifier such as date and place of birth and Social Security Number. Persons submitting written requests must properly establish their identity to the satisfaction of the Naval Criminal Investigative Service. This can be accomplished by providing an unsworn declaration that states “I declare under perjury or penalty under the laws of the United States of America that the foregoing is true and correct.” Attorneys or other persons acting on behalf of an individual must provide written authorization from that individual for their representative to act on their behalf.” Record source categories: Delete last para and replace with “Information for the unsolicited letters database is obtained from the individual. Also contains copies of analytical and other information and reports created during course of NCIS' inquiry.” N01070-12 System name: NCIS Administrative Files System. System location: Primary: Director, Naval Criminal Investigative Service, Washington Navy Yard, Building 111, 716 Sicard Street, SE., Washington Navy Yard, DC 20388-5380. Decentralized Segments: Naval Criminal Investigative Service Field Offices (NCISFOs) retain duplicate copies of certain segments of the administrative files. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* Categories of individuals covered by the system: Past and present civilian, military, and foreign national personnel assigned world-wide to the Naval Criminal Investigative Service. Persons communicating by correspondence with DON and NCIS. Categories of records in the system: Full name, Social Security Number (SSN), grade level, duty station, special qualifications, or language qualifications, date and place of birth. Personnel and Resource Information System—contains personnel management information/statistical information on NCIS personnel. Special Agent Career Development Files—contains correspondence unique to the NCIS Special Agent, including annual physical examinations, assignment preferences, and special qualifications, which has a bearing on world-wide assignability, promotion, and general career assessment. Weapons and Equipment Files—identifies credential numbers, badges, PSP pins, and weapons assigned to authorized NCIS personnel. Personnel Security Clearance File—identifies the classified material access level and date of last security clearance for assigned civilian and military personnel of NCIS. Personnel Utilization Data File—provides statistical information regarding the manner by which available NCIS man-hours are expended in the execution of its assigned investigative and counterintelligence mission. The file is formed by the submission (monthly) of individual manhour diaries. All assigned personnel input to this system; their man-hours are categorized by function. Unsubstantiated reports to DON components from members of the public alleging imminent invasion, plots, and similar events of a delusional nature and assorted “crank” letters. Unsolicited letters and other communications received by or referred to NCIS for analysis and inquiry when contents convey or can be interpreted to convey a possible threat to DON persons or property. Authority for maintenance of the system: 10 U.S.C. 5013, Secretary of the Navy and E.O. 9397 (SSN). Purpose(s): The Personnel and Resource Information System is used to prepare all personnel documents and personnel statistical studies. It provides such information as the average grade, the total number and composition of personnel at each NCIS component, and the past assignments of personnel. It is used on a daily basis by personnel in the formation and execution of staffing actions for the various NCIS components, information verification of employee's tenure, and the compilation of necessary statistical studies. Special Agent Career Development Files are used for in-house agency decisions regarding reassignment, promotion, career training, and long-range development. They form in-house agency repository for both adverse and favorable documents regarding Special Agents. The files have a long-range function, that of forming the basis for law enforcement retirement service certification. Though part of the file is duplicated in the official file maintained by the Civilian Personnel Office, the Special Agent Career Development File is considered privileged information and its contents are not released outside NCIS. Within NCIS, the files are maintained and controlled exclusively within the Career Services Division, NCIS, and by assigned personnel of that Division. The files are released for review only to senior management personnel of NCIS. Weapons and Equipment Files are used to identify and inventory credentials, weapons, badges, and handcuffs issued to authorized NCIS personnel. Personnel Security Clearance Files are used to informally verify and authenticate security clearances issued to NCIS personnel. The file has a daily working purpose of acting as a check sheet for the updating of security clearances. It is used by the Commander, NCIS to certify the access level of certain assigned NCIS personnel to other Navy commands as well as civilian contractors. Personnel Utilization Data File is used to make analyses which modify the staffing levels at various NCIS components based on the actual work level. It further provides a tool to NCIS management to gauge the efficiency of all components by comparing their workload with the amount of man-hours available. The records in this system may be used by other DoD components requiring confirmation of security clearance levels and for statistical purposes. Unsolicited letters and other communications received by or referred to NCIS for analysis are used to determine if a possible threat exists or might exist at a later date upon the receipt of additional correspondence. When a threat is determined possible, a formal investigative case is opened. 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: To law enforcement activities conducting criminal or suitability investigations. To the Office of Personnel Management when making personnel determinations, e.g., awards or disciplinary actions. To credit companies in response to credit queries. To personal physicians regarding medical records. The `Blanket Routine Uses' that appear at the beginning of the Navy's compilation of systems notices also apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Automated, electronic media, and paper records. Retrievability: For the Special Agent Career Development File—name only. For the Weapons and Equipment File—by name or by item number (i.e., badge, credential, weapon, handcuff serial number). For the Personnel and Resource Information System—by name and Social Security Number or by individual data characteristic, such as GS-grade level, duty-station, special qualifications, or language qualifications. For the Personnel Utilization Data File—normally accessed and retrieved by location and functional category of employment (i.e., Special Agent, clerical, etc.). The capability exists, however, to retrieve by Social Security Number. The Personnel Security Classification File, which is a subordinate file to the Personnel and Resource Information System, is accessed by name and Social Security Number. For unsubstantiated reports to DON components from members of the public alleging imminent invasion, plots, and similar events of a delusional nature and assorted “crank” letters unsolicited suspicious by name. For unsolicited letters and other communications received by or referred to NCIS for analysis, retrieved by name. Safeguards: Files are protected by limited controlled access, safes, locked cabinets, and locked doors. Visitor control and security computer software measures (where applicable) are utilized. Retention and disposal: Personnel indexed in the Personnel and Resource Information System and the Personnel Security Clearance Files are deleted from the magnetic tape data storage upon termination of employment. Residual paper records are retained from two to five years and then destroyed. Personnel indexed in the Weapons and Equipment Files are deleted as assigned equipment is accounted for or returned. Residual paper printouts are destroyed at least semi-annually. The Special Agent Career Development Files are semi-permanent and are retained, at least in essential skeletal format, indefinitely. Unsubstantiated reports to DON components from members of the public alleging imminent invasion, plots, and similar events of a delusional nature and assorted “crank” letters are deleted after 1 year. Early destruction is authorized if determined no longer pertinent by annual review. Unsolicited letters and other communications received by or referred to NCIS are deleted 50 years after last entry except paper copy of imaged correspondence which is destroyed upon verification that the record copy has been fully and accurately converted to electronic/optical images. System manager(s) and address: Director, Naval Criminal Investigative Service, Washington Navy Yard, Building 111, 716 Sicard Street, SE., Washington, DC 20388-5380. Notification procedure: Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the Director, Naval Criminal Investigative Service, Washington Navy Yard, Building 111, Code 00LJF, 716 Sicard Street, SE., Washington, DC 20388-5380. Requests must contain the full name of the individual and at least one additional personal identifier such as date and place of birth, or Social Security Number (SSN). Persons submitting written requests must properly establish their identity to the satisfaction of the Naval Criminal Investigative Service. This can be accomplished by providing an unsworn declaration that states “I declare under perjury or penalty under the laws of the United States of America that the foregoing is true and correct.” Attorneys or other persons acting on behalf of an individual must provide written authorization from that individual for their representative to act on their behalf. Record access procedures: Individuals seeking access to records about themselves contained in this system of records should address written inquiries to the Director, Naval Criminal Investigative Service, Washington Navy Yard, Building 111, Code 00JF, 716 Sicard Street, SE., Washington, DC 20388-5380. Requests must contain the full name of the individual and at least one additional personal identifier such as date and place of birth and Social Security Number. Persons submitting written requests must properly establish their identity to the satisfaction of the Naval Criminal Investigative Service. This can be accomplished by providing an unsworn declaration that states “I declare under perjury or penalty under the laws of the United States of America that the foregoing is true and correct.” Attorneys or other persons acting on behalf of an individual must provide written authorization from that individual for their representative to act on their behalf. Contesting record procedures: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR Part 701; or may be obtained from the system manager. Record source categories: Information for the Personnel and Resource Information System and the Personnel Utilization Data System is obtained from the individual employee, who is the prime source of information both for initial access to the files as well as for the periodic update. Information for the Personnel Security Clearance File information is obtained from the Personnel and Resource Information System. The information for the Weapons and Equipment Files is obtained from personnel charged with the issuance of various items inventoried therein (with verification by the personnel to whom the items are issued.) Information for the Special Agent Career Development File is obtained from the individuals' supervisors, from various naval commands, and other federal and state agencies with whom the special agent has had professional contact and from the individual. Also, this file contains copies of each physical examination required annually of assigned civilian special agents. Information for the unsolicited letters database is obtained from the individual. Also contains copies of analytical and other information and reports created during course of NCIS' inquiry. Exemptions claimed for the system: None. [FR Doc. E8-6632 Filed 3-31-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [USN-2008-0016] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Navy is amending a system of records notice 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 May 1, 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 specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are 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 26, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. N05861-1 System name: Private Relief Legislation (April 24, 1997, 62 FR 19994). Changes: Authority for maintenance of the system: Delete entry and replace with ``10 U.S.C. 5013, Secretary of the Navy.” Storage: Delete entry and replace with “Paper and automated records/databases.” Safeguards: Delete entry and replace with “Password controlled system, file, and element access based on predefined need-to-know. Physical access to terminals, terminal rooms, buildings and activities' grounds are controlled by locked terminals and rooms, guards, personnel screening and visitor registers.” Notification procedure: In para 2, delete entry and replace with “Individual should provide a signed request with full name, term and session of Congress when bill introduced, bill number, sponsor of bill (if available); driver's license or similar substitute for identification purposes.” Record access procedures: In para 2, delete entry and replace with “Individual should provide a signed request with full name, term and session of Congress when bill introduced, bill number, sponsor of bill (if available); driver's license or similar substitute for identification purposes.” N0586-1 System name: Private Relief Legislation. System location: Office of Legislative Affairs, Department of the Navy, 2000 Navy Pentagon, Washington, DC 20350-2000. Categories of individuals covered by the system: Individuals concerning whom private legislation is introduced in the U.S. Congress. Categories of records in the system: Letters to Congressional Committees, expressing the views of the department concerning the legislation and records necessary to prepare the letters. Authority for maintenance of the system: 10 U.S.C. 5013, Secretary of the Navy. Purpose(s): To prepare the Department of the Navy's position to Congress concerning proposed private relief legislation. 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: To members of Congress to provide the Navy position on proposed legislation. To officials and employees of the Office of Management and Budget to clear the Navy position on proposed legislation. To other executive agencies who would have an interest in the Navy's position on the proposed legislation and/or the Navy's position would impact on that agency. The ‘Blanket Routine Uses’ that appear at the beginning of the Navy's compilation of systems of records notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper and automated records/databases. Retrievability: Name. Safeguards: Password controlled system, file, and element access based on predefined need-to-know. Physical access to terminals, terminal rooms, buildings and activities' grounds are controlled by locked terminals and rooms, guards, personnel screening and visitor registers. Retention and disposal: Permanent. Retained on-site for at least 4 years or as long as the legislation is active. After 4 years, records are transferred to the Washington Federal Records Center Suitland, GSA Accession Section, Washington, DC 20409. System manager(s) and address: Chief of Legislative Affairs, Department of the Navy, 2000 Navy Pentagon, Washington, DC 20350-2000. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Chief of Legislative Affairs, Department of the Navy, 2000 Navy Pentagon, Washington, DC 20350-2000. Individual should provide a signed request with full name, term and session of Congress when bill introduced, bill number, sponsor of bill (if available); driver's license or similar substitute for identification purposes. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the Chief of Legislative Affairs, Department of the Navy, 2000 Navy Pentagon, Washington, DC 20350-2000. Individual should provide a signed request with full name, term and session of Congress when bill introduced, bill number, sponsor of bill (if available); driver's license or similar substitute for identification purposes. Contesting record procedures: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. Record source categories: Member of Congress; individual about whom file is maintained and individuals from whom he solicits information; other Navy, Marine Corps, and DOD components; OMB; and other interested executive agencies. Exemptions claimed for the system: None. [FR Doc. E8-6633 Filed 3-31-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [USN-2008-0021] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Navy is amending a system of records notice 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 May 1, 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 specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are 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. March 26, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. NM05720-1 SYSTEM NAME: FOIA Request/Appeal Files and Tracking System (December 29, 2005, 70 FR 77153). CHANGES: SYSTEM LOCATION: In para 1, delete “ *http://neds.daps.dla.mil/sndl.htm* ” and replace with “ *http://doni.daps.dla.mil/sndl.aspx* ”. SYSTEM MANAGER(S) AND ADDRESS: Under “Policy Official” delete “(N09B10)” and replace with “(DNS-36)”. Under “Record Holders” replace “ *http://neds.daps.dla.mil/sndl.htm* ” with “ *http://doni.daps.dla.mil/sndl.aspx* ”. NOTIFICATION PROCEDURE: In para 1, replace “ *http://neds.daps.dla.mil/sndl.htm* ” with “ *http://doni.daps.dla.mil/sndl.aspx* ”. RECORD ACCESS PROCEDURES: In para 1, replace “ *http://neds.daps.dla.mil/sndl.htm” with “http://doni.daps.dla.mil/sndl.aspx”.* NM05720-1 SYSTEM NAME: FOIA Request/Appeal Files and Tracking System. SYSTEM LOCATION: Organizational elements of the Department of the Navy. Official mailing addresses are published in the Standard Navy Distribution List
(SNDL)that is available at *http://doni.daps.dla.mil/sndl.asp.* CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals who request access to information under the provisions of the Freedom of Information Act
(FOIA)or make an appeal under the FOIA. CATEGORIES OF RECORDS IN THE SYSTEM: FOIA request/appeal, copies of responsive records (redacted and released), correspondence generated as a result of the request, cost forms, memoranda, legal opinions, messages, and miscellaneous documents which related to the request. Database used to track requests from start to finish and formulate response letters may contain names, addresses, and other personal identifiers of the individual requester. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 552, the Freedom of Information Act, as amended; 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; E.O. 9397 (SSN); and Secretary of the Navy Instruction 5720.42F, Department of the Navy Freedom of Information Act Program. PURPOSE(S): To track, process, and coordinate requests/appeals/litigation made under the provisions of the FOIA. 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: To individuals who file FOIA requests for access to information on who has made FOIA requests and/or what is being requested under FOIA. The DoD ‘Blanket Routine Uses’ set forth at the beginning of the Navy's compilation of systems of records notices also apply to this system. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Maintained in file folders, microform, microfilm, manual/computerized databases, and/or optical disk. RETRIEVABILITY: Name of requester/appellant; year request/appeal filed; serial number of response letter; case file number; etc. SAFEGUARDS: Records are accessed by custodian of the record system and by persons responsible for servicing the record system in performance of their official duties. Records are stored in cabinets or rooms, which are not viewable by individuals who do not have a need to know. Computerized databases are password protected and accessed by individuals who have a need to know. RETENTION AND DISPOSAL: Granted requests, no record responses, and/or responses to requesters who fail to adequately described the records being sought or fail to state a willingness to pay processing fees are destroyed 2 years after date of reply. Requests which are denied in whole or in part, appealed, or litigated are destroyed 6 years after final action. SYSTEM MANAGER(S) AND ADDRESS: *Policy Official:* Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. *Record Holders:* Organizational elements of the Department of the Navy. Official mailing addresses are published in the Standard Navy Distribution List
(SNDL)that is available at *http://doni.daps.dla.mil/sndl.aspx.* *Appellate Authorities:* Office of the Judge Advocate General (Code 14), 1322 Patterson Avenue, SE., Suite 3000, Washington, Navy Yard, DC 20374-5066. General Counsel of the Navy (FOIA), 1000 Navy Pentagon, Washington, DC 20350-1000. NOTIFICATION PROCEDURE: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Freedom of Information Act coordinator, commanding officer of the activity in question, or in the case of appeals to the appropriate appellate authority. Official mailing addresses are published in the Standard Navy Distribution List
(SNDL)that is available at *http://doni.daps.dla.mil/sndl.aspx.* The request should contain the full name of the individual and one or more of the following kinds of information: year request/appeal filed; serial number of response letter; and/or case file number. Requests must also be signed. RECORD ACCESS PROCEDURES: Individuals seeking access to information about themselves contained in this system commanding officer of the activity in question, or in the case of appeals to the appropriate appellate authority. Official mailing addresses are published in the Standard Navy Distribution List
(SNDL)that is available at *http://doni.daps.dla.mil/sndl.aspx.* The request should contain the full name of the individual and one or more of the following kinds of information: year request/appeal filed; serial number of response letter; and/or case file number. Requests must also be signed. CONTESTING RECORD PROCEDURES: The Department of the Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. RECORD SOURCE CATEGORIES: From the individual, Navy's organizations, Department of Defense components, and other Federal, state, and local government agencies. EXEMPTIONS CLAIMED FOR THE SYSTEM: Department of the Navy exemption rules have been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3),
(c)and
(e)published in 32 CFR part 701, Subpart G. For additional information contact the system manager. Note: During the course of a FOIA action, exempt materials from other systems of records may in turn become part of the case records in this system. To the extent that copies of exempt records from those `other' systems of records are entered into this FOIA case record, the Department of the Navy hereby claims the same exemptions for the records from those `other' systems that are entered into this system, as claimed for the original primary systems of records which they are a part. [FR Doc. E8-6634 Filed 3-31-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [USN-2008-0019] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to Alter a System of Records. SUMMARY: The Department of the Navy proposes to alter a system of records notice in its existing inventory of records 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 May 1, 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's 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 proposed system reports, as required by 5 U.S.C. 552a(r), of the Privacy Act of 1974, as amended, were submitted on March 21, 2008, to the House Committee on Oversight and Government Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Office of Management and Budget
(OMB)pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, `Federal Agency Responsibilities for Maintaining Records About Individuals,' dated February 8, 1996 (February 20, 1996, 61 FR 6427). Dated: March 26, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. N11101-1 System name: Family Housing File (November 10, 1993, 58 FR 59710). Changes: Replace “N11101-1” with “NM11101-1” System name: Delete entry and replace with “DON Family and Bachelor Housing Program.” System location: Delete entry and replace with “DON housing offices. Official mailing addresses are published in the Standard Navy Distribution List that is available *at http://doni.daps.dla.mil/sndl.aspx* .” Categories of individuals covered by the system: Delete entry and replace with “Military/civilian personnel eligible for/interested in occupying DON housing and those occupying DON housing (including privatized housing).” Authority for maintenance of the system: Delete entry and replace with “10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; 10 U.S.C. 2831, Military Family Housing Management Account; DoD 4165.63-M, DoD Housing Management; and E.O. 9397 (SSN).” Purpose(s): Delete entry and replace with “To determine an individual's eligibility for Navy or Marine Corps housing (including privatized housing) and notification for subsequent assignment to housing or granting a waiver to allow occupancy of private housing. To determine priority and list individual's name on appropriate housing waiting list. To oversee housing occupancy once assigned. To provide housing information to DON or other military components.” 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: Add the following routine uses: “To private partners who operate privatized Navy or Marine Corps housing for management and operational purposes. To police and fire departments for accident, health and safety, and other investigative activities. To child protective services during their investigation into possible child abuse. To adoption agencies who seek information on housing status, problems, etc., for use in qualifying a couple to adopt. To provide demographic data to the public school system to help determine military impact on school population.” Storage: Delete entry and replace with “File folders and centrally maintained networked database.” Retrievability: Delete entry and replace with “Name of applicant; name of resident; and house number of resident.” Safeguards: Delete entry and replace with “Access to files is limited to personnel requiring access in the performance of their official duties. Records are maintained in a secure building on a secure military base, encrypted, maintained behind a firewall, and password protected. Private partners maintain comparable security protections.” Retention and disposal: Delete entry and replace with “Paper files are retained for up to three years after termination of housing occupancy and then destroyed. Electronic files are maintained until no longer required and then destroyed”. System manager(s) and address: Delete entry and replace with “Policy Official: Commander, Navy Installations Command, Director of Housing, Suite 300, 2713 Mitscher Road, SW., Anacostia Annex, Washington, DC 20373-5802. Record Holder: Housing Offices at the station/base in question. Official station/base mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* ” Notification procedure: Delete entry and replace with “Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the Housing Office at the station/base where they applied for housing. Official station/base mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx* . Requests must be signed and include full name of applicant or name of resident, house number, and year(s) of occupancy.” Record access procedures: Delete entry and replace with “Individuals seeking access to records about themselves should address written inquiries to the Housing Office at the station/base where they applied for housing. Official station/base mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx* . Requests must be signed and include full name of applicant or name of resident, house number, and year(s) of occupancy.” Record source categories: Delete entry and replace with “Individual; DD Form 1746 (Application for Assignment to Housing); Military Orders; Emergency Data Form; detaching endorsement from prior duty station; military pay records.” NM11101-1 System name: DON Family and Bachelor Housing Program. System location: DON housing offices. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx* . Categories of individuals covered by the system: Military/civilian personnel eligible for/interested in occupying DON housing and those occupying DON housing (including privatized housing). Categories of records in the system: DD Form 1746, Application for Assignment to Housing (application contains information such as name, address, rank/rate, Social Security Number (SSN), length of service, time remaining on active duty, date of rank, etc.; dependency data, e.g., total number in family, spouse, age and sex of dependents, etc.; and other pertinent housing information, e.g., last assignment, months involuntarily separated, special health problems, etc.); orders; emergency data form; detaching endorsement from prior duty station; full name. Authority for maintenance of the system: 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; 10 U.S.C. 2831, Military Family Housing Management Account; DoD 4165.63-M, DoD Housing Management; and E.O. 9397 (SSN). Purpose(s): To determine an individual's eligibility for Navy or Marine Corps housing (including privatized housing) and notification for subsequent assignment to housing or granting a waiver to allow occupancy of private housing. To determine priority and list individual's name on appropriate housing waiting list. To oversee housing occupancy once assigned. To provide housing information to DON or other military components and government agencies. 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: To private partners who operate privatized Navy or Marine Corps housing for management and operational purposes. To police and fire departments for accident, health and safety, and other investigative activities. To child protective services during their investigation into possible child abuse. To adoption agencies who seek information on housing status, problems, etc., for use in qualifying a couple to adopt. To provide demographic data to the public school system to help determine military impact on school population. The DoD `Blanket Routine Uses' that appear at the beginning of the Navy's compilation of systems of records notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: File folders and centrally maintained networked database. Retrievability: Name of applicant; name of resident; and house number of resident. Safeguards: Access to files is limited to personnel requiring access in the performance of their official duties. Records are maintained in a secure building on a secure military base, encrypted, maintained behind a firewall, and password protected. Private partners maintain comparable security protections. Retention and disposal: Paper files are retained for up to three years after termination of housing occupancy and then destroyed. Electronic files are maintained until no longer required and then destroyed. System manager(s) and address: Policy Official: Commander, Navy Installations Command, Director of Housing, Suite 300, 2713 Mitscher Road, SW., Anacostia Annex, Washington, DC 20373-5802. Record Holder: Housing Offices at the station/base in question. Official station/base mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx* . Notification procedure: Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the Housing Office at the station/base where they applied for housing. Official station/base mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx* . Requests must be signed and include full name of applicant or name of resident, house number, and year(s) of occupancy. Record access procedures: Individuals seeking access to records about themselves should address written inquiries to the Housing Office at the station/base where they applied for housing. Official station/base mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx* . Requests must be signed and include full name of applicant or name of resident, house number, and year(s) of occupancy. Contesting record procedures: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5, 32 CFR part 701; or may be obtained from the system manager. Record source categories: Individual; DD Form 1746 (Application for Assignment to Housing); Military Orders; Emergency Data Form; detaching endorsement from prior duty station; military pay records. Exemptions claimed for the system: None. [FR Doc. E8-6635 Filed 3-31-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [USN-2008-0020] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to alter a system of records. SUMMARY: The Department of the Navy proposes to alter a system of records notice in its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. The alteration consists of deleting two routine uses (i.e., Departments of Transportation and Veterans Affairs) and clarifies the remaining routine use. DATES: This proposed action will be effective without further notice on May 1, 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's 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 proposed system reports, as required by 5 U.S.C. 552a(r), of the Privacy Act of 1974, as amended, was submitted on March 21, 2008, to the House Committee on Government Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Office of Management and Budget
(OMB)pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, `Federal Agency Responsibilities for Maintaining Records About Individuals,' dated February 8, 1996 (February 20, 1996, 61 FR 6427). March 26, 2008. L.M. Bynum, Alternate, OSD Federal Register Liaison Officer, Department of Defense. N01133-2 SYSTEM NAME: Recruiting Enlisted Selection System (June 14, 2006, 71 FR 34326). CHANGES: SYSTEM LOCATION: In first para, after “38054-5057” replace entry “and contractor operated facility” with “and Defense Information Systems Agency, 5450 Carlisle Pike, Mechanicsburg, PA 17050-0975.” ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Delete routine uses listed in paragraphs 2 and 3. At end of paragraph 3, add the following language to the routine use: “and the recruitment of merchant marine personnel.” SAFEGUARDS: At end of entry, add “The Social Security Number
(SSN)is scrambled (form of encryption) to prevent unauthorized access.” RETENTION AND DISPOSAL: Delete “two” and replace with “three”. N01133-2 SYSTEM NAME: Recruiting Enlisted Selection System. SYSTEM LOCATION: Primary System: Headquarters, Navy Recruiting Command, 5722 Integrity Drive, Millington, TN 38054-5057 and Defense Information Systems Agency, 5450 Carlisle Pike, Mechanicsburg, PA 17050-0975. *Decentralized Segments* —Navy Recruiting Area Commanders, Navy Recruiting District Headquarters, Navy Recruiting ‘A’ Stations, Navy Recruiting Branch Stations, and Military Entrance Processing Stations (MEPS). CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Prospective applicants, delayed-entry personnel, applicants for regular and reserve enlisted programs, and any other individuals who have initiated correspondence pertaining to enlistment in the U.S. Navy. CATEGORIES OF RECORDS IN THE SYSTEM: Personal history, education, professional qualifications, mental aptitude, physical qualifications, character and interview appraisals, National Agency Checks and certifications, service performance and congressional or special interests. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 10 U.S.C. 133, 275, 503, 504, 508, 510, 672, 1071-1087, 1168, 1169, 1475-1480, 1553, 5013; and E.O. 9397 (SSN). PURPOSE(S): To provide recruiters with information concerning personal history, education, professional qualifications, mental aptitude, and other individualized items which may influence the decision to select/non-select an individual for enlistment in the U.S. Navy. To provide historical data for comparison of current applicants with those selected in the past. To provide delayed entry personnel with training modules and allow DON officials to use the Navy Applicant Management Information System (NAMIS) to conduct surveys and administer on-line screening tool that identify whether the delayed entry personnel qualify for special operations programs and other high-priority programs. 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: To officials and employees of other departments and agencies of the Executive Branch of government, upon request, in the performance of their official duties related to the management of quality military recruitment and the recruitment of Merchant Marine personnel. The DoD ‘Blanket Routine Uses’ that appear at the beginning of the Navy's compilation of systems notices also apply to this system. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Automated and paper records. RETRIEVABILITY: Name, Social Security Number, User id and password. SAFEGUARDS: Password controlled system, file, and element access based on predefined need-to-know. Physical access to terminals, terminal rooms, buildings and activities' grounds are controlled by locked terminals and rooms, guards, personnel screening and visitor registers. The Social Security Number
(SSN)is scrambled (form of encryption) to prevent unauthorized access. RETENTION AND DISPOSAL: Records are normally maintained for three years and then destroyed. SYSTEM MANAGER(S) AND ADDRESS: Commander, Navy Recruiting Command, 5722 Integrity Drive, Millington, TN 38054-5057. NOTIFICATION PROCEDURE: Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries regarding active duty recruiting issues to the Commander, Navy Recruiting Command (ATTN: Privacy Act Coordinator), 5722 Integrity Drive, Millington, TN 38054-5057 or to the applicable Naval Recruiting District as listed under U.S. Government in white pages of telephone book. Letter should contain full name, address, Social Security Number and signature. RECORD ACCESS PROCEDURES: Individuals seeking access to records about themselves contained in this system of records should address written inquiries regarding active duty recruiting issues to the Commander, Navy Recruiting Command (ATTN: Privacy Act Coordinator), 5722 Integrity Drive, Millington, TN 38054-5057 or to the applicable Naval Recruiting District as listed under U.S. Government in white pages of telephone book. Letter should contain full name, address, Social Security Number and signature. CONTESTING RECORD PROCEDURES: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. RECORD SOURCE CATEGORIES: Navy recruiting and reserve recruiting personnel and administrative staff; medical personnel conducting physical examinations and/or private physicians providing consultations or patient history; character and employer references; educational institutions, staff and faculty members; Selective Service Commission; local, state, and federal law enforcement agencies; prior or current military service records; Members of Congress. Other officials and employees of the Department of the Navy, Department of Defense and components thereof, in the performance of their official duties and as specified by current instructions and regulations promulgated by competent authority. EXEMPTIONS CLAIMED FOR THE SYSTEM: Parts of this system may be exempt under the provisions of 5 U.S.C. 552a(k)(1), (k)(5), (k)(6), and (k)(7) as applicable. An exemption rule for this system has been promulgated in accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3),
(c)and
(e)and published in 32 CFR part 701, subpart G. For additional information contact the system manager. [FR Doc. E8-6636 Filed 3-31-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [USN-2008-0018] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to alter a system of records. SUMMARY: The Department of the Navy proposes to alter a system of records notice in its existing inventory of records 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 May 1, 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's 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 proposed system reports, as required by 5 U.S.C. 552a(r), of the Privacy Act of 1974, as amended, were submitted on March 21, 2008, to the House Committee on Oversight and Government Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Office of Management and Budget
(OMB)pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, ‘Federal Agency Responsibilities for Maintaining Records About Individuals,’ dated February 8, 1996 (February 20, 1996, 61 FR 6427). Dated: March 26, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. N12771-2 System name: Employee Relations Including Discipline, Employee Grievances, Complaints, Etc. (August 17, 1995, 60 FR 42852). Changes: System ID: Delete entry and replace with “NM12771-2”. System name: Delete entry and replace with “Administrative Grievance Files.” System location: Delete entry and replace with “Organizational elements of the Department of the Navy. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* ” Categories of individuals covered by the system: Delete entry and replace with “Navy and Marine Corps civilian employees paid from appropriated funds serving under career, career-conditional, temporary and excepted service appointments by whom grievances exist.” Categories of records in the system: Delete entry and replace with “Information pertaining to administrative grievances to include but not limit to individual's name, address and Social Security Number (SSN).” Authority for maintenance of the system: Delete entry and replace with “10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; and E.O. 9397 (SSN).” Purpose(s): Delete entry and replace with “To support management in the processing, administration, and adjudication of grievances and for program evaluation purposes.” Storage: Delete entry and replace with “Paper files in folders and electronic storage media.” Safeguards: Delete entry and replace with “Password controlled system, file, and element access based on predefined need-to-know. Physical access to terminals, terminal rooms, buildings and activities' grounds are controlled by locked terminals and rooms, guards, personnel screening and visitor registers. For contractor operated facilities, client data is kept in a certified data facility. At no time is client data removed from the secure hosting environment and access to client data is only to those employees with a direct functional need. Password complexity, expiration, minimum length, and history will assist in assuring only appropriate personnel have access to client data.” System manager(s) and address: Delete entry and replace with “For Navy: Employee Relations Program Manager, Office of Civilian Human Resources, 614 Sicard Street, SE., Suite 100, Washington Navy Yard, DC 20374-5072. For Marine Corps: Commandant of the Marine Corps (Code MPC-30), Headquarters, U.S. Marine Corps, 3280 Russell Road, Quantico, VA 22134-5103.” Notification procedure: Delete entry and replace with “Individuals seeking to determine whether this system contains information about themselves should address written inquiries to the Commander/Commanding Officer of the activity assigned. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* Written request full name, last four digits of Social Security Number (SSN), and signed request.” Access procedures: Delete entry and replace with “Individuals seeking access to information about themselves contained in this system of records should address written inquiries to the Commander/Commanding Officer of the activity assigned. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* Written request full name, last four digits of Social Security Number (SSN), and signed request.” Record source categories: Delete entry and replace with “Supervisors; individual; witnesses; correspondence files; e-mails; and databases.” NM12771-2 System name: Administrative Grievance Files. System location: Organizational elements of the Department of the Navy. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* Categories of individuals covered by the system: Navy and Marine Corps civilian employees paid from appropriated funds serving under career, career-conditional, temporary and excepted service appointments by whom grievances exist. Categories of records in the system: Information pertaining to administrative grievances to include but not limit to individual's name, address and Social Security Number (SSN). Authority for maintenance of the system: 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; and E.O. 9397 (SSN). Purpose(s): To support management in the processing, administration, and adjudication of grievances and for program evaluation purposes. 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: To representatives of the Office of Personnel Management on matters relating to the inspection, survey, audit, or evaluation of Navy and Marine Corps civilian personnel management programs or personnel actions, or such other matters under the jurisdiction of the Office of Personnel Management. To disclose information on any source from which additional information is requested in the course of processing a grievance to the extent necessary to identify the individual, to inform the source of the purpose(s) of the request, and identify the type of information requested. To disclose information on any source from which additional information is requested in the course of processing a grievance to the extent necessary to identify the individual, to inform the source of the purpose(s) of the request, and identify the type of information requested. To officials of labor organizations recognized under the Civil Service Reform Act when relevant and necessary to their duties of exclusive representation concerning personnel policies, practices, and matters affecting working conditions. The `Blanket Routine Uses' that appear at the beginning of the Navy's compilation of systems of records notices apply to this system. Note: Records of identity, diagnosis, prognosis or treatment of any client/patient, irrespective of whether or when he/she ceases to be a client/patient, maintained in connection with the performance of any alcohol or drug abuse prevention and treatment function conducted, requested, or directly or indirectly assisted by any department or agency of the United States, shall, except as provided herein, be confidential and be disclosed only for the purposes and under the circumstances expressly authorized in 42 U.S.C. 290dd-2. These statutes take precedence over the Privacy Act of 1974 in regard to accessibility of such records except to the individual to whom the record pertains. The Navy's ‘Blanket Routine Uses’ do not apply to these records. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper files in folders and electronic storage media. Retrievability: Filed by last name. SSN is used to differentiate individuals who have the same name. Safeguards: Password controlled system, file, and element access based on predefined need-to-know. Physical access to terminals, terminal rooms, buildings and activities' grounds are controlled by locked terminals and rooms, guards, personnel screening and visitor registers. For contractor operated facilities, client data is kept in a certified data facility. At no time is client data removed from the secure hosting environment and access to client data is only to those employees with a direct functional need. Password complexity, expiration, minimum length, and history will assist in assuring only appropriate personnel have access to client data. Retention and disposal: Complaint records are retained for six years after final adjudication. All other records are retained for two years or destroyed upon separation of the employee, whichever is later. System manager(s) and address: For Navy: Employee Relations Program Manager, Office of Civilian Human Resources, 614 Sicard Street, SE., Suite 100, Washington Navy Yard, DC 20374-5072. For Marine Corps: Commandant of the Marine Corps (Code MPC-30), Headquarters, U.S. Marine Corps, 3280 Russell Road, Quantico, VA 22134-5103. Notification procedure: Individuals seeking to determine whether this system contains information about themselves should address written inquiries to the Commander/Commanding Officer of the activity assigned. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx* . Written request should contain full name, last four digits of Social Security Number (SSN), and signed request. Record access procedures: Individuals seeking access to information about themselves contained in this system of records should address written inquiries to the Commander/Commanding Officer of the activity assigned. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx* . Written request should contain full name, last four digits of Social Security Number (SSN), and signed request. Contesting record procedures: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. Record source categories: Supervisors; individual; witnesses; correspondence files; e-mails; and databases. Exemptions claimed for the system: None. [FR Doc. E8-6637 Filed 3-31-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [USD-2008-0015] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to Amend a System of Records SUMMARY: The Department of the Navy is amending a system of records notice 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 May 1, 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 specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are 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 26, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. N01070-2 System name: Naval Attaché Files (December 1, 1998, 63 FR 66133). Changes: System ID: Change “N01070-2” to read “NM01070-2”. System name: Delete entry and replace with “Attaché Nomination/Assignment Files.” System location: Delete second para and replace with “Marine Corps Files: Intelligence Department, Attn: Code IOP, Headquarters, U.S. Marine Corps, 2 Navy Annex, Washington, DC 20380-1775.” Categories of records in the system: Delete entry and replace with “File contains copies of questionnaires (i.e., Naval Attaché Background Inventory, Naval Attaché Opinion Inventory; Naval Attaché Relationship Questionnaire; and Substance Abuse Subtle Screening Inventory (SASSI)), data collected during personal interviews that can include name, Social Security Number (SSN), addresses, telephone numbers, dependent information, medical screenings, and other information from the individual's military personnel file.” Authority for maintenance of the system: Delete entry and replace with “National Security Act of 1974, as amended; 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; and E.O. 9397 (SSN).” Purpose(s): Delete entry and replace with “To provide data to Navy, Marine Corps and Defense Intelligence Agency
(DIA)officials to determine suitability of Navy and Marine Corps officer personnel for assignment to the Defense Attaché System.” System manager(s) and address: Delete para 2 and replace with “Marine Corps Files: Director, Intelligence Department, Attn: Code IOP, Headquarters, U.S. Marine Corps, 2 Navy Annex, Washington, DC 20380-1775.” Notification procedure: Delete entry and replace with “Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to Naval Attaché Affairs Office, Office of Naval Intelligence Collections Directorate (ONI-3), 4251 Suitland Road, Washington, DC 20395-5720 (for Navy files) or to the Director, Intelligence Department, Attn: Code IOP, Headquarters, U.S. Marine Corps, 2 Navy Annex, Washington, DC 20380-1775 (for Marine Corps files). Request should contain individual's name and Social Security Number
(SSN)and must be signed.” Record access procedures: Delete entry and replace with “Individuals seeking access to information about themselves contained in this system should address written inquiries to the Naval Attaché Affairs Office, Office of Naval Intelligence Collections Directorate (ONI-3), 4251 Suitland Road, Washington, DC 20395-5720 (for Navy files) or to the Director, Intelligence Department, Attn: Code IOP, Headquarters, U.S. Marine Corps, 2 Navy Annex, Washington, DC 20380-1775 (for Marine Corps files). Request should contain individual's name and Social Security Number
(SSN)and must be signed.” NM01070-2 System name: Attaché Nomination/Assignment Files. System location: Navy Files: Naval Attaché Affairs Office, Office of Naval Intelligence (ONI-3), 4251 Suitland Road, Washington, DC 20395-5720. Marine Corps Files: Intelligence Department, Attn: Code IOP, Headquarters, U.S. Marine Corps, 2 Navy Annex, Washington, DC 20380-1775. Categories of individuals covered by the system: U.S. Navy and Marine Corps Officers nominated and/or assigned to duty in the Defense Attaché System
(DAS)Categories of records in the system: File contains copies of questionnaires (i.e., Naval Attaché Background Inventory, Naval Attaché Opinion Inventory; Naval Attaché Relationship Questionnaire; and Substance Abuse Subtle Screening Inventory (SASSI)), data collected during personal interviews that can include individual's name, Social Security Number (SSN), addresses, telephone numbers, dependent information, medical screenings, and other information from the individual's military personnel file. Authority for maintenance of the system: National Security Act of 1974, as amended; 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; and E.O. 9397 (SSN). Purpose(s): To provide data to Navy, Marine Corps and Defense Intelligence Agency
(DIA)officials to determine suitability of Navy and Marine Corps officer personnel for assignment to the Defense Attaché System. 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: To the Department of State to determine suitability of personnel for security clearances and assignment to the Defense Attaché System. The ‘Blanket Routine Uses’ that appear at the beginning of the Navy's compilation of systems of records notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Manual and automated files. Retrievability: Retrieved by name and Social Security Number (SSN). Safeguards: Access is provided on need-to-know basis only. Manual records are stored in a controlled access area and are accessible only to a very limited number of authorized personnel with proper security clearance. Access to computerized data is controlled by password or other user code. Retention and disposal: Records are opened on individuals when first nominated for attaché duty. Records are destroyed when personnel are transferred, separated, or when files are no longer needed, whichever is earlier. System manager(s) and address: Navy Files: Naval Attaché Affairs Office, Office of Naval Intelligence (ONI-3), 4251 Suitland Road, Washington, DC 20395-5720. Marine Corps Files: Director, Intelligence Department, Attn: Code IOP, Headquarters, U.S. Marine Corps, 2 Navy Annex, Washington, DC 20380-1775. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to Naval Attaché Affairs Office, Office of Naval Intelligence Collections Directorate (ONI-3), 4251 Suitland Road, Washington, DC 20395-5720 (for Navy files) or to the Director, Intelligence Department, Attn: Code IOP, Headquarters, U.S. Marine Corps, 2 Navy Annex, Washington, DC 20380-1775 (for Marine Corps files). Request should contain individual's name and Social Security Number
(SSN)and must be signed. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the Naval Attaché Affairs Office, Office of Naval Intelligence Collections Directorate (ONI-3), 4251 Suitland Road, Washington, DC 20395-5720 (for Navy files) or to the Director, Intelligence Department, Attn: Code IOP, Headquarters, U.S. Marine Corps, 2 Navy Annex, Washington, DC 20380-1775 (for Marine Corps files). Request should contain individual's name and Social Security Number
(SSN)and must be signed. Contesting record procedures: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. Record source categories: Individual; family members; Defense Security Service; Naval Criminal Investigative Service; and personnel files. Exemptions claimed for the system: None. [FR Doc. E8-6638 Filed 3-31-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before May 1, 2008. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, Washington, DC 20503. Commenters are encouraged to submit responses electronically by e-mail to *oira_submission@omb.eop.gov* or via fax to
(202)395-6974. Commenters should include the following subject line in their response “Comment: [insert OMB number], [insert abbreviated collection name, e.g., “Upward Bound Evaluation”].” Persons submitting comments electronically should not submit paper copies. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, e.g., new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: March 26, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management and Budget. Office of Vocational and Adult Education *Type of Review:* New collection. *Title:* Promoting Rigorous Career and Technical Education Programs of Study Through Statewide or Multi-State Articulation Agreements (1894-0001). *Frequency:* Annually. *Affected Public:* *Reporting and Recordkeeping Hour Burden:* *Responses:* 89. *Burden Hours:* 3,560. *Abstract:* Section 122(c)(1)(9A) of the Carl D. Perkins Vocational and Technical Education Improvement Act of 2006 authorizes the Department to establish and carry out a program of national leadership activities to enhance the quality of career and technical education programs of study nationwide. Many State and local education agencies have developed a variety of career and technical education programs of study to be offered as an option to students when planning for and completing future coursework, for career and technical content areas. These career and technical education programs of study are designed to outline rigorous academic and technical course standards that when completed assist students to successfully transition from secondary to postsecondary education, and between postsecondary institutions. While the Department is generally aware of these efforts, there is little documentation of the level of rigor or effectiveness of the technical courses within programs of study. This discretionary grant competition is intended to enhance the quality and rigor of career and technical education programs of study by facilitating the formation of effective partnerships between secondary and postsecondary education, State workforce agencies, and employers, to create statewide or multi-state articulation agreements. Articulation agreements ensure strong collaboration and on-going communication between the partners to identify course standards that align with the expectations of postsecondary education and employers allowing for “seamless” transitions from secondary to postsecondary education, and between postsecondary institutions. This information collection is being submitted under the Streamlined Clearance Process for Discretionary Grant Information Collections (1890-0001). Therefore, the 30-day public comment period notice will be the only public comment notice published for this information collection. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 3646. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov* . Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E8-6588 Filed 3-31-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Migrant Education Coordination Program—Migrant Student Information Exchange
(MSIX)State Data Quality Grants AGENCY: Office of Elementary and Secondary Education, Department of Education. ACTION: Notice of proposed requirements. SUMMARY: The Assistant Secretary for Elementary and Secondary Education proposes to establish requirements for Migrant Student Information Exchange
(MSIX)State Data Quality grants funded under section 1308(b) of Title I, Part C of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001. Subject to the availability of funds in any fiscal year, the Department would use the requirements to make annual grant awards by formula, beginning in FY 2008, to provide additional resources to State educational agencies
(SEAs)in order to assist them and their local operating agencies
(LOAs)in implementing the interstate exchange of migrant children's records electronically through the Migrant Student Information Exchange (MSIX). DATES: We must receive your comments on or before May 1, 2008. ADDRESSES: Address all comments about the proposed requirements to Alejandra Velez-Paschke, U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, room 3E249, Washington, DC 20202-6135. Telephone:
(202)260-2834. If you prefer to send your comments through the Internet, use the following address: *MsixTeam@ed.gov* . You must include the term “MSIX State Data Quality Grants Proposed Requirements” in the subject line of your electronic message. FOR FURTHER INFORMATION CONTACT: Alejandra Velez-Paschke. Telephone:
(202)260-2834 or via Internet: *MsixTeam@ed.gov* . If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service
(FRS)toll free at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through Friday. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT . Invitation To Comment We invite you to submit comments regarding these proposed requirements. We invite you to assist us in complying with the specific requirements of Executive Order 12866 and its overall requirement of reducing regulatory burden that might result from the proposed requirements. Please let us know of any further opportunities we should take to reduce potential costs or increase potential benefits while preserving the effective and efficient administration of the program. During and after the comment period, you may inspect all public comments about the proposed requirements at the U.S. Department of Education, LBJ, room 3E249, 400 Maryland Avenue, SW., Washington, DC 20202 between the hours of 8:30 a.m. and 4 p.m., Eastern time, Monday through Friday of each week except Federal holidays. Assistance to Individuals With Disabilities in Reviewing the Rulemaking Record On request, we will supply an appropriate aid, such as a reader or print magnifier, to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for the proposed requirements. If you want to schedule an appointment for this type of aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT . Background The Migrant Education Program (MEP), authorized in Title I, Part C, of the ESEA, is a State-operated, formula grant program under which SEAs receive funds to help improve the academic achievement of migratory children who reside in their States. Under section 1304(b)(3) of the ESEA, SEAs receiving MEP funds have a responsibility to carry out activities that promote the interstate and intrastate coordination of services for migratory children. This responsibility includes carrying out activities that provide for educational continuity through the timely transfer of pertinent school records, including health information, for migratory children, whether or not they move during the regular school year. Section 1308(b) of the ESEA requires, among other things, that the Department
(1)assist States in developing methods for the electronic transfer of migrant student records,
(2)ensure the linkage of State electronic records-exchange systems, and
(3)establish the minimum data elements
(MDEs)that States must collect and maintain in their migrant student databases for the purpose of electronically exchanging health and educational records on migrant children. To meet these statutory responsibilities, on September 28, 2007, the Department established the MSIX. When fully operational, the MSIX will allow all States participating in the MEP (and all LOAs in those States) to share an established set of MDEs on their migrant children with any State and LOA in which a migrant child enrolls by electronically linking the States' existing migrant student databases. On November 27, 2007, the Office of Management and Budget
(OMB)approved an information collection package (1810-0683) that establishes 66 MDEs. Even though MSIX links existing databases, the Department recognizes that States and LOAs will incur some additional costs in collecting and maintaining data and transmitting those data to the MSIX. While States generally use their annual MEP Basic State formula grant to pay for those costs, through this notice the Department proposes to establish, using funds the Department reserves for migrant coordination activities under section 1308 of the ESEA, a new formula grant program (and associated requirements) that will provide financial support to SEAs to assist them, during the early implementation of MSIX, to transfer migrant student data using MSIX. Subject to the availability of funds, the Department would provide these grant awards annually, beginning in FY 2008, out of funds it reserves for migrant coordination activities under section 1308 of the ESEA. We will announce the final requirements for the MSIX State Data Quality grants in a notice in the **Federal Register** . We will determine the final requirements for these grants after considering responses to public comments provided on this notice and other information available to the Department. This notice does not preclude us from establishing additional requirements, subject to meeting applicable rulemaking requirements. Note: This notice does *not* solicit applications. Applications will be requested pursuant to the issuance of the Notice of final requirements. Proposed Requirements *Requirement 1:* SEAs would use these funds to help pay for additional costs that their agencies and the LOAs in their States may assume for various activities related to the transfer of the OMB-approved MDEs. Examples of these activities include: •
(a)Enhancements to the State's migrant or State student database to ensure the inclusion of the MDEs in accordance with MSIX data specifications; •
(b)Staffing or information technology
(IT)services needed for the collection, data entry, and maintenance of the MDEs or the connectivity to MSIX; •
(c)Development of manuals, procedures, pamphlets, or other materials that support the implementation of the State's records exchange program; and •
(d)Support for activities directly related to staff training on the use of MSIX, including staff attendance and travel to MSIX meetings and workshops. In consultation with the LOAs and the State's parent advisory council, each SEA would determine how these funds would be used in the State. *Requirement 2:* Only an SEA that receives an MEP Basic State Formula grant award would be eligible to receive an MSIX State Data Quality grant. To receive an MSIX State Data Quality grant, an SEA would be required to submit a letter, signed by the Chief State School Officer or his or her authorized representative,
(a)requesting an MSIX State Data Quality grant award, and
(b)providing an assurance that these funds will be used only for activities that comport with the requirements in the notice of final requirements for this program. In each fiscal year for which sufficient section 1308 funds are available, the Department would announce the amount of each grant award and invite SEAs to submit their letters of application. *Requirement 3:* Grant awards would be subject to the financial reporting requirements in section 80.41 of the Education Department General Administrative Regulations (EDGAR) (34 CFR 80.41). With regard to performance reporting, the Department does not propose to apply the provisions contained in section 80.40(b) of EDGAR. Instead, the Department proposes to use program monitoring conducted in conjunction with the overall MEP Basic State Formula Grant program as a means of obtaining information, including supporting documentation, on how the SEA and LOAs in the State used MSIX State Data Quality grant funds to support MSIX-related activities. Monitoring activities would examine progress relative to the MSIX efficiency measure, which assesses the percentage of migrant student records that are consolidated when school enrollment has occurred in more than one State. *Requirement 4:* The Department proposes that, in any fiscal year in which sufficient funds are available under section 1308, the Department would award these MSIX State Data Quality grants using the following formula: • 75 percent of the total amount available would be awarded in equal amounts to each SEA with a MEP Basic State Formula grant award; and • The remaining 25 percent of the funds would be awarded proportionally relative to the amount of each State's Basic MEP State Formula grant award amount made on July 1 of the fiscal year; except that • No SEA would receive an MSIX State Data Quality grant award that exceeds 20 percent of its MEP Basic State Formula grant award. Amount of the Grants At this time, the Department anticipates that a total of $2 million will be available for MSIX State Data Quality grant awards in FY 2008. Given this projection, an estimated $1.5 million would be awarded in equal amounts to each eligible SEA (subject to the 20 percent limitation), and $0.5 million would be awarded proportionally based on the amount of each State's MEP State formula grant award. An appendix to this notice contains a table presenting the estimated size of each State's award assuming that all eligible SEAs apply. If an SEA does not apply for these funds or does not receive a MEP Basic State formula grant in any given year, its share of grant funds would be distributed to the requesting SEAs on the basis of the formula established in the notice of final requirements. In subsequent fiscal years, the Department would inform the States of the total amount of funds available, if any, under this grant program. The Department believes that the proposed formula, including the 20 percent limitation, represents an appropriate means for distributing funds under this new program for helping SEAs to effectively connect their migrant databases with the MSIX and transmit the required MDEs to the MSIX. In this regard, the proposed formula is designed to provide funds to address, at least partially, both the basic, initial costs that all States will incur, and those additional costs States would incur due to the relative numbers of migrant students in their State. Executive Order 12866 This notice of proposed requirements has been reviewed in accordance with Executive Order 12866. Under the terms of the order, we have assessed the potential costs and benefits of this regulatory action. The potential costs associated with the notice of proposed requirements are those resulting from statutory requirements and those we have determined as necessary for administering this program effectively and efficiently. In assessing the potential costs and benefits—both quantitative and qualitative—of this notice of proposed requirements, we have determined that the benefits of the proposed requirements justify the costs. We have also determined that this regulatory action does not unduly interfere with State, local, and tribal governments in the exercise of their governmental functions. Paperwork Reduction Act of 1995
(PRA)The application procedure has been approved under OMB control number 1810-0683. Intergovernmental Review This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. One of the objectives of the Executive order is to foster an intergovernmental partnership and a strengthened federalism. The Executive Order relies on processes developed by State and local governments for coordination and review of proposed Federal financial assistance. This document provides early notification of our specific plans and actions for this program. Applicable Statutory and Regulatory Requirements This grant program will be subject to the requirements established in the notice of final requirements to be published in the **Federal Register** for this grant program. This grant program is also subject to the definitions used to determine the eligibility of a “migrant child” found in section 1309(2) of the ESEA and 34 CFR § 200.81. Consistent with the “Tydings Amendment” (section 421(b) of the General Education Provisions Act, and restated in section 76.709 of EDGAR), funds awarded under this program are available for obligation until September 30 of the fiscal year following the fiscal year in which they are awarded. Because it is a formula grant, the program also is subject to the requirements of parts 76 and 80 of EDGAR (34 CFR parts 76 and 80). Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* (Catalog of Federal Domestic Assistance Number 84.144, Migrant Education Coordination Program) Program Authority: 20 U.S.C. 6398. Dated: March 27, 2008. Kerri L. Briggs, Assistant Secretary for Elementary and Secondary Education. Appendix—Estimated Proposed Award Amounts for the FY 2008 MSIX State Data Quality Grants Appendix Note: The estimated size of awards are based on FY 2007 MEP Basic State Grant award amounts, and assume each State's decision to request an award. NATIONAL TOTALS $2,000,000 ALABAMA $32,987 ALASKA 39,868 ARIZONA 39,302 ARKANSAS 37,461 CALIFORNIA 213,595 COLORADO 40,820 CONNECTICUT 31,449 DELAWARE 30,431 DIST. COLUMBIA 0 FLORIDA 63,000 GEORGIA 42,041 HAWAII 31,072 IDAHO 35,887 ILLINOIS 32,770 INDIANA 37,349 IOWA 32,422 KANSAS 46,757 KENTUCKY 40,390 LOUISIANA 33,493 MAINE 31,533 MARYLAND 30,761 MASSACHUSETTS 32,343 MICHIGAN 42,401 MINNESOTA 32,429 MISSISSIPPI 31,914 MISSOURI 32,202 MONTANA 31,383 NEBRASKA 37,410 NEVADA 30,325 NEW HAMPSHIRE 28,573 NEW JERSEY 32,893 NEW MEXICO 31,255 NEW YORK 43,717 NORTH CAROLINA 38,573 NORTH DAKOTA 30,321 OHIO 33,578 OKLAHOMA 32,859 OREGON 47,090 PENNSYLVANIA 43,158 RHODE ISLAND 13,579 SOUTH CAROLINA 30,777 SOUTH DAKOTA 31,183 TENNESSEE 30,770 TEXAS 113,262 UTAH 32,518 VERMONT 30,882 VIRGINIA 31,151 WASHINGTON 52,410 WEST VIRGINIA 16,450 WISCONSIN 30,891 WYOMING 30,315 PUERTO RICO 0 [FR Doc. E8-6689 Filed 3-31-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Postsecondary Education, Teacher and Student Development Programs Service Catalog of Federal Domestic Assistance
(CFDA)Number 84.333A. ACTION: Notice Announcing the Technical Assistance Workshop for Fiscal Year
(FY)2008 Demonstration Projects to Ensure Students with Disabilities Receive a Quality Higher Education Program (Demonstration Program). SUMMARY: The Department expects to hold a competition for new grants under the Demonstration Program in FY 2008. This notice provides information about a one-day technical assistance workshop to assist institutions of higher education interested in preparing grant applications for FY 2008 new awards under the Demonstration Program. Program and Department staff will present information to potential applicants about the purpose of the Demonstration Program, the grant competition highlights, the peer review process, and the Grants.gov Web site, as well as suggestions for writing a quality grant proposal. Although the Department has not yet announced an application deadline date in the **Federal Register** for the FY 2008 competition, the Department is holding this workshop to give potential applicants guidance for preparing applications for the competition we expect to conduct in FY 2008. Specific requirements for the FY 2008 competition will be published in a separate notice, a notice inviting applications for the Demonstration Program. This notice announces the technical assistance workshop only. FOR FURTHER INFORMATION CONTACT: Shedita Alston, Demonstration Program, U.S. Department of Education, 1990 K Street, NW., Room 7097, Washington, DC 20006-8524. Telephone:
(202)502-7808. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service, toll free, at 1-800-877-8339. Individuals with disabilities can obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the program contact person listed in this section. SUPPLEMENTARY INFORMATION: The technical assistance workshop will be held at: U.S. Department of Education, 1990 K Street, NW., 8th Floor Conference Center, Washington, DC 20006. The Technical Assistance Workshop session will be held on April 8, 2008, from 8 a.m. to 4 p.m. Registration is from 8 a.m. to 9 a.m. on the day of the session. There is no fee for this workshop. However, space is limited. Attendees are required to make their own travel and hotel reservations. We encourage attendance from both those who will be responsible for writing the grant proposal and those who will provide technical support for uploading the application materials onto the Grants.gov Apply site. Assistance to Individuals With Disabilities Attending the Technical Assistance Workshop The technical assistance workshop site is accessible to individuals with disabilities. If you need an auxiliary aid or service to participate in the workshop (e.g., interpreting service, assistive listening device, or materials in an alternative format), notify the contact person listed under FOR FURTHER INFORMATION CONTACT at least two weeks before the scheduled workshop date. Although we will attempt to meet a request received after that date, we may not be able to make available the requested auxiliary aid or service because of insufficient time to arrange it. *Electronic Access to This Document:* You can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF, you must have Adobe Acrobat Reader, which is available free at this site. If you have any questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Program Authority: 20 U.S.C. 1140-1140d. Dated: March 27, 2008. Diane Auer Jones, Assistant Secretary for Postsecondary Education. [FR Doc. E8-6697 Filed 3-31-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY [OE Docket Nos. EA-338 and EA-339] Applications To Export Electric Energy; Shell Energy North America (US), L.P. AGENCY: Office of Electricity Delivery and Energy Reliability, DOE. ACTION: Notice of application. SUMMARY: Shell Energy North America (US), L.P.
(SENA)has applied for authority to transmit electric energy from the United States to Mexico and Canada pursuant to section 202(e) of the Federal Power Act. DATES: Comments, protests, or requests to intervene must be submitted on or before May 1, 2008. ADDRESSES: Comments, protests, or requests to intervene should be addressed as follows: Office of Electricity Delivery and Energy Reliability, Mail Code: OE-20, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-0350 (FAX 202-586-8008). FOR FURTHER INFORMATION CONTACT: Ellen Russell (Program Office) 202-586-9624 or Michael Skinker (Program Attorney) 202-586-2793. SUPPLEMENTARY INFORMATION: Exports of electricity from the United States to a foreign country are regulated by the Department of Energy
(DOE)pursuant to sections 301(b) and 402(f) of the Department of Energy Organization Act (42 U.S.C. 7151(b), 7172(f)) and require authorization under section 202(e) of the FPA (16 U.S.C.824a(e)). On March 14, 2008, DOE received two separate applications from SENA for authority to transmit electric energy from the United States to Mexico and Canada as a power marketer for a term of five years. SENA does not own any electric transmission facilities nor does it hold a franchised service area. The electric energy which SENA proposes to export to Mexico and Canada would be surplus energy purchased from electric utilities, Federal power marketing agencies, and other entities within the United States. In OE Docket No. EA-338, SENA proposes to transmit electric energy to Mexico and arrange for the delivery of those exports over the international transmission facilities presently owned by AEP Texas Central Company, Baja California Power, Inc., Central Power & Light Company, Comision Federal de Electricdad, the national electric utility of Mexico, El Paso Electric Company, San Diego Gas & Electric Company, and Sharyland Utilities, Inc. In OE Docket No. EA-339, SENA proposes to export electric energy to Canada and to arrange for the delivery of those exports over the international transmission facilities presently owned by Basin Electric Power Cooperative, Bonneville Power Administration, Eastern Maine Electric Cooperative, International Transmission Co., Joint Owners of the Highgate Project, Long Sault, Inc., Maine Electric Power Company, Maine Public Service Company, Minnesota Power, Inc., Minnkota Power Cooperative, Inc., New York Power Authority, Niagara Mohawk Power Corp., Northern States Power Company, Vermont Electric Power Company, and Vermont Electric Transmission Company. The construction, operation, maintenance, and connection of each of the international transmission facilities to be utilized by SENA was previously authorized by a Presidential permit issued pursuant to Executive Order 10485, as amended. DOE expects exporters of electric energy to obtain the necessary authorization from DOE to export electricity and to abide by the terms and conditions established for such export in the Orders issued by DOE, including any term limit for the authorization and the requirement to create and preserve full and complete records and file quarterly reports. Failure to first obtain an Order authorizing the export of electricity, or continuing to export after the expiration of such an Order, may result in a denial of authorization to export in the future and subject the exporter to sanctions and penalties under the FPA. DOE also expects transmitting utilities owning border facilities and entities charged with the operational control of those border facilities, such as Independent System Operators or Regional Transmisssion Organizations, to verify that companies seeking to schedule an electricity export have the requisite authority from DOE to export such power. *Procedural Matters:* Any person desiring to become a party to these proceedings or to be heard by filing comments or protests to this application should file a petition to intervene, comment, or protest at the address provided above in accordance with §§ 385.211 or 385.214 of the Federal Energy Regulatory Commission's Rules of Practice and Procedures (18 CFR 385.211, 385.214). Fifteen copies of each comment, petition, and protest should be filed with DOE on or before the dates listed above. All filings in these proceedings should be clearly marked with Docket No. EA-338 for exports to Mexico or Docket No. EA-339 for exports to Canada. Additional copies are to be filed directly with Robert Reilley, Vice President, Regulatory Affairs, Shell Energy North America (US), L.P., 909 Fannin, Plaza Level One, Houston, TX 77010 and Ms. Jane Barnett, Regulatory Analyst, at the same address. A final decision will be made on this application after the environmental impacts have been evaluated pursuant to the National Environmental Policy Act of 1969, and a determination is made by DOE that the proposed action will not adversely impact on the reliability of the U.S. electric power supply system. Copies of these applications will be made available, upon request, for public inspection and copying at the address provided above, by accessing the program Web site at *http://oe.energy.gov/permits.htm* , or by emailing Odessa Hopkins at *odessa.hopkins@hq.doe.gov* . Issued in Washington, DC, on March 27, 2008. Anthony J. Como, Director, Permitting and Siting, Office of Electricity Delivery and Energy Reliability. [FR Doc. E8-6664 Filed 3-31-08; 8:45 am] BILLING CODE 6450-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8548-7] Notice of Approval of the Primacy Application for National Primary Drinking Water Regulations for the State of Iowa AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of approval and solicitation of requests for a public hearing. SUMMARY: The Environmental Protection Agency
(EPA)is hereby giving notice that the State of Iowa is revising its approved Public Water Supply Supervision Program under the Iowa Department of Natural Resources. The EPA has determined that these revisions are no less stringent than the corresponding Federal regulations. Therefore, the EPA intends to approve these program revisions. DATES: This determination to approve the Iowa program revision is made pursuant to 40 CFR 142.12(d)(3). This determination shall become final and effective on May 1, 2008, unless
(1)a timely and appropriate request for a public hearing is received or
(2)the Regional Administrator elects to hold a public hearing on his own motion. Any interested person, other than Federal Agencies, may request a public hearing. A request for a public hearing must be submitted to the Regional Administrator at the address shown below by May 1, 2008. If a substantial request for a public hearing is made within the requested thirty day time frame, a public hearing will be held and a notice will be given in the **Federal Register** and a newspaper of general circulation. Frivolous or insubstantial requests for a hearing may be denied by the Regional Administrator. All interested parties may request a public hearing on the approval to the Regional Administrator at the EPA Region 7 address shown below. ADDRESSES: Any request for a public hearing shall include the following information:
(1)Name, address and telephone number of the individual organization or other entity requesting a hearing;
(2)a brief statement of the requesting person's interest in the Regional Administrator's determination and a brief statement on information that the requesting person intends to submit at such hearing;
(3)the signature of the individual making the request or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity. Requests for Public Hearing shall be addressed to: Regional Administrator, Environmental Protection Agency—Region 7, 901 North 5th Street, Kansas City, Kansas 66101. All documents relating to this determination are available for inspection between the hours of 9 a.m. and 4:30 p.m., Monday through Friday, at the following offices: Iowa Department of Natural Resources, Water Quality Bureau, Public Water Supply Program, 401 SW., 7th Street, Des Moines, Iowa 50309-4611. Environmental Protection Agency—Region 7, Water Wetlands and Pesticides Division, Drinking Water Management Branch, 901 North 5th Street, Kansas City, Kansas 66101. FOR FURTHER INFORMATION CONTACT: Morris Holmes, Environmental Protection Agency—Region 7, Drinking Water Management Branch,
(913)551-7421, or by e-mail at *holmes.morris@epa.gov.* SUPPLEMENTARY INFORMATION: Notice is hereby given that the EPA has determined to approve an application by the Iowa Department of Natural Resources to incorporate the following EPA National Primary Drinking Water Regulations:
(1)Arsenic and Clarifications to Compliance and New Source Contaminants Monitoring (January 22, 2001, 66 FR 6975);
(2)Filter Backwash Recycling Rule (June 8, 2001, 66 FR 31085);
(3)Lead and Copper Rule Minor Revisions (January 12, 2000, 65 FR 1949);
(4)Long Term 1 Enhanced Surface Water Treatment Rule (January 14, 2002, 67 FR 1811);
(5)Public Notification Rule (May 4, 2000, 65 FR 25981);
(6)Radionuclides Rule (December 7, 2000, 65 FR 76707). The application demonstrates that Iowa has adopted drinking water regulations which satisfy the National Primary Drinking Water Regulations. The EPA has determined that Iowa's regulations are no less stringent than the corresponding Federal regulations and that Iowa continues to meet all requirements for primary enforcement responsibility as specified in 40 CFR 142.10. Authority: Section 1413 of the Safe Drinking Water Act, as amended, and 40 CFR 142.10, 142.12(d) and 142.13. Dated: March 10, 2008. John B. Askew, Regional Administrator, Region 7. [FR Doc. E8-6654 Filed 3-31-08; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institute for Occupational Safety and Health; Decision To Evaluate a Petition To Designate a Class of Employees at the Nuclear Materials and Equipment Corporation Site, Parks Township, PA, To Be Included in the Special Exposure Cohort AGENCY: National Institute for Occupational Safety and Health (NIOSH), Department of Health and Human Services (HHS). ACTION: Notice. SUMMARY: The Department of Health and Human Services
(HHS)gives notice as required by 42 CFR 83.12(e) of a decision to evaluate a petition to designate a class of employees at the Nuclear Materials and Equipment Corporation site, Parks Township, Pennsylvania, to be included in the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000. The initial proposed definition for the class being evaluated, subject to revision as warranted by the evaluation, is as follows: *Facility:* Nuclear Materials and Equipment Corporation. *Location:* Parks Township, Pennsylvania. *Job Titles and/or Job Duties:* All Atomic Weapons Employer employees. *Period of Employment:* June 1, 1960 through December 31, 1980. FOR FURTHER INFORMATION CONTACT: Larry Elliott, Director, Office of Compensation Analysis and Support, National Institute for Occupational Safety and Health (NIOSH), 4676 Columbia Parkway, MS C-46, Cincinnati, OH 45226, Telephone 513-533-6800 (this is not a toll-free number). Information requests can also be submitted by e-mail to *OCAS@CDC.GOV* . Dated: March 26, 2008. John Howard, Director, National Institute for Occupational Safety and Health. [FR Doc. E8-6641 Filed 3-31-08; 8:45 am] BILLING CODE 4163-19-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Genomic Applications in Practice and Prevention (GAPP): Translation Research, Request for Application
(RFA)GD08-001 In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention
(CDC)announces the aforementioned meeting. *Time and Date:* 8 a.m.-5 p.m., May 13, 2008 (Closed). *Place:* Hyatt Regency Atlanta, 265 Peachtree Street, NE., Atlanta, GA 30303. *Status:* The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c)(4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463. *Matters To Be Discussed:* The meeting will include the review, discussion, and evaluation of “Genomic Applications in Practice and Prevention (GAPP): Translation Research, RFA GD08-001.” FOR FURTHER INFORMATION CONTACT: Norma Harris, PhD., Scientific Review Administrator, CDC, 1600 Clifton Road, NE., Mailstop D72, Atlanta, GA 30333, Telephone:
(404)639-4796. The Director, Management Analysis and Services Office, has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry. Dated: March 21, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-6596 Filed 3-31-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-10115] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: Centers for Medicare & Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services, is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:
(1)The necessity and utility of the proposed information collection for the proper performance of the Agency's function;
(2)the accuracy of the estimated burden;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. 1. *Type of Information Collection Request:* Revision of currently approved collection; *Title of Information Collection:* Federal Reimbursement of Emergency Health Services Furnished to Undocumented Aliens (Sections 1011) Provider Enrollment Application; *Use:* Section 1011 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, provides that the Secretary will establish a process (i.e., enrollment and claims payment) for eligible providers to request payment. The Secretary must directly pay hospitals, physicians and ambulance providers (including Indian Health Service, Indian tribe and tribal organizations) for their otherwise un-reimbursed costs of providing services required by the Emergency Medical Treatment and Active Labor Act (EMTALA), which is found under section 1867 of the Social Security Act, and related hospital inpatient, outpatient and ambulance services. CMS will use the application information to administer this health services program and establish an audit process. The Federal Reimbursement of Emergency Health Services Furnished to Undocumented Aliens (Sections 1011) Provider Enrollment Application has been revised. For a list of these revisions, refer to the summary of changes document. *Form Number:* CMS-10115 (OMB# 0938-0929); *Frequency:* On occasion; *Affected Public:* Private sector—Business or other for-profit and Not-for-profit institutions; *Number of Respondents:* 10,000; *Total Annual Responses:* 10,000; *Total Annual Hours:* 4,998. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS Web Site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995* , or E-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov* , or call the Reports Clearance Office on
(410)786-1326. To be assured consideration, comments and recommendations for the proposed information collections must be received by the OMB desk officer at the address below, no later than 5 p.m. on *May 1, 2008:* OMB Human Resources and Housing Branch, Attention: Carolyn Raffaelli, New Executive Office Building, Room 10235, Washington, DC 20503, Fax Number:
(202)395-6974. Dated: March 21, 2008. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E8-6507 Filed 3-31-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-1696, CMS-10167, CMS-R-306, CMS-10262 and CMS-10143] Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Centers for Medicare & Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services
(CMS)is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:
(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;
(2)the accuracy of the estimated burden;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. 1. *Type of Information Collection Request:* Revision of a currently approved collection; *Title of Information Collection:* Appointment of Representative; *Use:* This form will be completed by beneficiaries, providers and suppliers who wish to appoint representatives to assist them with obtaining initial determinations and filing appeals. The appointment of representative form must be signed by the party making the appointment and the individual agreeing to accept the appointment. *Form Number:* CMS-1696 (OMB# 0938-0950); *Frequency:* Occasionally; *Affected Public:* Individuals or households and businesses or other for-profits; *Number of Respondents:* 268,268; *Total Annual Responses:* 268,268; *Total Annual Hours:* 67,067. 2. *Type of Information Collection Request:* Revision of a currently approved collection; *Title of Information Collection:* Competitive Acquisition Program for Medicare Part B Drugs: CAP Physician Election Agreement; *Use:* The Competitive Acquisition Program
(CAP)is required by Section 303(d) of the Medicare Modernization Act
(MMA)which amended Title XVIII of the Social Security Act (the Act) by adding a new section 1847(B), which establishes a competitive acquisition program for the payment for Part B covered drugs and biologicals furnished on or after January 1, 2006. Physicians are given a choice between buying and billing these drugs under the average sales price
(ASP)system, or obtaining these drugs from vendors selected in a competitive bidding process. Section 108 of the Medicare Improvements and Extension Act under Division B, Title I of the Tax Relief Health Care Act of 2006 amended Section 1847(b)(a)(3) of the Act and requires that CAP implement a post payment review process. The CAP Physician Election Agreement is used annually by physicians to elect to participate in the CAP or to make changes to the previous year's selections. The information collected by these documents is used by CMS, its Medicare contractor, and the approved CAP vendor to meet programmatic requirements pertaining to physician election as established by the MMA. *Form Number:* CMS-10167 (OMB# 0938-0955); *Frequency:* Yearly; *Affected Public:* Business or other for-profits; *Number of Respondents:* 3,800; *Total Annual Responses:* 3,800; *Total Annual Hours:* 7,600. 3. *Type of Information Collection Request:* Extension of a currently approved collection; *Title of Information Collection:* Use of Restraint and Seclusion in Psychiatric Residential Treatment Facilities (PRTFs) for Individuals Under Age 21; *Use:* PRTFs are required to report deaths, serious injuries and attempted suicides to the State Medicaid Agency and the Protection and Advocacy Organization. They are also required to provide residents the restraint and seclusion policy in writing, and to document in the residents' records all activities involving the use of restraint and seclusion. *Form Number:* CMS-R-306 (OMB# 0938-0833); *Frequency:* Annually; *Affected Public:* Private Sector: Business or other for-profits; *Number of Respondents:* 500; *Total Annual Responses:* 329,500; *Total Annual Hours:* 501,750. 4. *Type of Information Collection Request:* New Collection; *Title of Information Collection:* Health Insurance Flexibility and Accountability
(HIFA)Evaluation; *Use:* The HIFA initiative sought to increase health coverage of uninsured populations through a flexible waiver process emphasizing public subsidy of Employer-Sponsored Insurance (ESI). Testing whether that approach reduces the rate/number of uninsured is critically important to CMS. The proposed survey of HIFA enrollees in New Mexico and Oregon would provide the only data available to test certain fundamental HIFA effects, especially with reference to reduction of the uninsured population, the effectiveness of premium assistance for ESI and the possibility of crowd-out of private coverage. *Form Number:* CMS-10262 (OMB# 0938-NEW); *Frequency:* Once; *Affected Public:* Individuals or households; *Number of Respondents:* 800; *Total Annual Responses:* 800; * Total Annual Hours:* 400. 5. *Type of Information Collection Request:* Extension of a currently approved collection; *Title of Information Collection:* Monthly State File of Medicaid/Medicare Dual Eligible Enrollees; *Use:* The monthly file of dual eligible enrollees will be used to determine those duals with drug benefits for the phased down State contribution process required by the Medicare Modernization Act of 203. These data are also used to support Part D subsidy determinations and auto-assignment of individuals to Part D plans. *Form Number:* CMS-10143 (OMB# 0938-0958); *Frequency:* Monthly; *Affected Public:* State, Local or Tribal Governments; *Number of Respondents:* 51; *Total Annual Responses:* 612; *Total Annual Hours:* 6,120. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS' Web site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995* , or E-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov* , or call the Reports Clearance Office on
(410)786-1326. In commenting on the proposed information collections please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in one of the following ways by *June 2, 2008* . 1. *Electronically.* You may submit your comments electronically to *http://www.regulations.gov* . Follow the instructions for “Comment or Submission” or “More Search Options” to find the information collection document(s) accepting comments. 2. *By regular mail.* You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Dated: March 21, 2008. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E8-6510 Filed 3-31-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-2231-N] RIN 0938-AP23 Medicaid Program; Final State Allotments for Payment of Medicare Part B Premiums for Qualifying Individuals for Federal Fiscal Year 2007 AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice. SUMMARY: This Notice sets forth the methodology and process used to compute and issue each State's final allotment for fiscal year
(FY)2007 that is available to pay Medicare Part B premiums for qualifying individuals. DATES: *Effective date:* Final allotments for payment of Medicare Part B premiums for FY 2007 are effective October 1, 2006, through September 30, 2007. FOR FURTHER INFORMATION CONTACT: Deborah Abshire,
(410)786-9291. SUPPLEMENTARY INFORMATION: I. Background A. Allotments Prior to FY 2005 Section 1902 of the Social Security Act (the Act) sets forth the requirements for State plans for medical assistance. Before August 5, 1997, section 1902(a)(10)(E) of the Act specified that the State Medicaid plan must provide for some or all types of Medicare cost sharing for three eligibility groups of low-income Medicare beneficiaries. These three groups included qualified Medicare beneficiaries (QMBs), specified low-income Medicare beneficiaries (SLMBs), and qualified disabled and working individuals (QDWIs). A QMB is an individual entitled to Medicare Part A with income at or below the Federal poverty line
(FPL)and resources below $4,000 for an individual and $6,000 for a couple. A SLMB is an individual who meets the QMB criteria, except that his or her income is above 100 percent of the FPL and does not exceed 120 percent of the FPL. A QDWI is a disabled individual who is entitled to enroll in Medicare Part A under section 1818A of the Act, whose income does not exceed 200 percent of the FPL for a family of the size involved, whose resources do not exceed twice the amount allowed under the Supplementary Security Income
(SSI)program, and who is not otherwise eligible for Medicaid. The definition of Medicare cost-sharing at section 1905(p)(3) of the Act includes payment for premiums for Medicare Part B. Section 4732 of the Balanced Budget Act of 1997 (BBA), enacted on August 5, 1997, amended section 1902(a)(10)(E) of the Act to require States to provide for Medicaid payment of the Medicare Part B premiums for two additional eligibility groups of low-income Medicare beneficiaries, referred to as qualifying individuals (QIs). Specifically, a new section 1902(a)(10)(E)(iv)(I) of the Act was added, under which States must pay the full amount of the Medicare Part B premium for qualifying individuals who are eligible QMBs but their income level is at least 120 percent of the FPL but less than 135 percent of the FPL for a family of the size involved. These individuals cannot otherwise be eligible for medical assistance under the approved State Medicaid plan. The second group of QIs added under section 1902(a)(10)(E) (iv)(II) of the Act includes Medicare beneficiaries who would be QMBs except that their income is at least 135 percent but less than 175 percent of the FPL for a family of the size involved, who are not otherwise eligible for Medicaid under the approved State plan. These QIs were eligible for only a portion of Medicare cost-sharing consisting of a percentage of the increase in the Medicare Part B premium attributable to the shift of Medicare home health coverage from Part A to Part B (as provided in section 4611 of the BBA). Coverage of the second group of QIs ended on December 31, 2002, and in 2003, section 401 of the Welfare Reform Bill (Pub. L. 108-89), enacted on October 1, 2003, eliminated reference to the second QI benefit (for the Medicare beneficiaries who would be QMBs except that their income is at least 135 percent but less than 175 percent of the FPL for a family of the size involved, who are not otherwise eligible for Medicaid under the approved State plan). In 2002 and 2003, continuing resolutions extended the coverage of the first group of QIs (whose income is at least 120 percent but less than 135 percent of the Federal poverty line) through the following fiscal year, but maintained the annual funding at the FY 2002 level. The Act was amended by Extension of Medicare Cost-Sharing for the Medicare Part B Premium for Qualifying Individuals, (Pub. L. 108-448), enacted December 8, 2004, which continued coverage of this group of QIs (whose income is at least 120 percent but less than 135 percent of the Federal poverty line) through September 30, 2005, again with no change in funding. The BBA also added a new section 1933 to the Act to provide for Medicaid payment of Medicare Part B premiums for QIs. (The previous section 1933 was re-designated as section 1934.) Section 1933(a) of the Act specifies that a State plan must provide, through a State plan amendment, for medical assistance to pay for the cost of Medicare cost-sharing on behalf of QIs who are selected to receive assistance. Section 1933(b) of the Act sets forth the rules that States must follow in selecting QIs and providing payment for Medicare Part B premiums. Specifically, the State must permit all qualifying individuals to apply for assistance and must select individuals on a first-come, first-served basis (that is, the State must select QIs in the order in which they apply). Further, under section 1933(b)(2)(B) of the Act, in selecting persons who will receive assistance in years after 1998, States must give preference to those individuals who received assistance as QIs, QMBs, SLMBs, or QDWIs in the last month of the previous year and who continue to be (or become) QIs. Under section 1933(b)(4) of the Act, persons selected to receive assistance in a calendar year are entitled to receive assistance for the remainder of the year, but not beyond, as long as they continue to qualify. The fact that an individual is selected to receive assistance at any time during the year does not entitle the individual to continued assistance for any succeeding year. Because the State's allotment is limited by law, section 1933(b)(3) of the Act provides that the State must limit the number of QIs so that the amount of assistance provided during the year is approximately equal to the allotment for that year. Section 1933(c) of the Act limits the total amount of Federal funds available for payment of Part B premiums for QIs each fiscal year and specifies the formula that is to be used to determine an allotment for each State from this total amount. For States that executed a State plan amendment in accordance with section 1933(a) of the Act, a total of $1.5 billion was allocated over 5 years as follows: $200 million in FY 1998; $250 million in FY 1999; $300 million in FY 2000; $350 million in FY 2001; and $400 million in FY 2002. On March 29, 1999, the Department of Health and Human Services published a notice in the **Federal Register** (64 FR 14931) to advise States of the methodology used to calculate allotments and each State's specific allotment for that year. Following that notice, there was no change in methodology and States have been notified annually of their allotments. We did not include the methodology for computing the allocation in our regulations. Although the BBA originally provided coverage of QIs through FY 2002, through several continuing resolutions, coverage has been continued through fiscal year 2007, but without any increase in total allocation over the FY 2002 level. The Federal medical assistance percentage for Medicaid payment of Medicare Part B premiums for qualifying individuals is 100 percent for expenditures up to the amount of the State's allotment. No Federal funds are available for expenditures in excess of the State allotment amount. The Federal matching rate for administrative expenses associated with the payment of Medicare Part B premiums for QIs remains at the 50 percent matching level. Federal financial participation in the administrative expenses is not counted against the State's allotment. The amount available for each fiscal year is to be allocated among States according to the formula set forth in section 1933(c)(2) of the Act. The formula provides for an amount to each State that is to be based on each State's share of the Secretary's estimate of the ratio of:
(a)An amount equal to the total number of individuals in the State who meet all but the income requirements for QMBs, whose incomes are at least 120 percent but less than 135 percent of the Federal poverty line, and who are not otherwise eligible for Medicaid, to
(b)the sum of all those individuals for all eligible States. B. Allotments for FY 2005 In FY 2005, some States exhausted their FY 2005 allotments before the end of the fiscal year, which caused them to deny benefits to eligible persons under section 1933(b)(3) of the Act, while other States projected a surplus in their allotments. We asked those States that exhausted or expected to exhaust their FY 2005 allotments before the end of the fiscal year to project the amount of funds that would be required to grant eligibility to all eligible persons in their State, that is, their need. We also asked those States that did not expect to use their full allotments in FY 2005 to project the difference between the amount they expected to spend and their allotment, that is, their surplus. After all States reported these figures, it was evident that the total surplus exceeded the total need. In spite of there being adequate overall funding for the QI benefit, some eligible individuals would have been denied benefits due to the allocation methodology initially used to determine the FY 2005 allotments. We believed that it was the clear intent of the statute to provide benefits to eligible persons up to the full amount of funds made available for the program. We attributed the difference between the surplus in available QI allotments for some States and the need in other States in FY 2005 as due to the imprecision in the data that we used to provide States with their initial allocations under section 1933 of the Act. Therefore, on August 26, 2005 we published an interim final rule in the **Federal Register** (70 FR 50214) under which we compensated for this imprecision in order to enable States to enroll those QIs whom they would have been able to enroll had the data been more precise. The interim final rule amended 42 CFR 433.10(c) to specify the formula and the data to be used to determine States' allotments and to revise, under certain circumstances, individual State allotments for a Federal fiscal year for the Medicaid payment of Medicare Part B premiums for qualifying individuals identified under section 1902(a)(10)(E)(iv) of the Act. Section 433.10(c)(5)(iv) states that CMS will notify States of any changes in allotments resulting from any reallocations. The FY 2005 allotments were determined by applying the U.S. Census Bureau data to the formula set forth in section 1933(c)(2) of the Act. However, the statute requires that the allocation of the fiscal year allotment be based upon a ratio of the amount of “total number of individuals described in section 1902(a)(10)(E)(iv) in the State” to the sum of these amounts for all States. Because this formula requires an estimate of an unknown number, that is, the number of individuals who could be QIs (rather than the number of individuals who were QIs in a previous period), our use of the Census Bureau data in the formula represented a rough proxy to attain the statutory number. Actual expenditure data, however, revealed that the Census Bureau data yielded an inappropriate distribution of the total appropriated fund as evidenced by the fact that several States projected significant shortfalls in their allotments, while many other States projected a significant surplus by the end of the fiscal year 2005. Census Bureau data were not accurate for the purpose of projecting States' needs because the data could not take into consideration all variables that contribute to QI eligibility and enrollment, such as resource levels and the application process itself. While section 1933 of the Act requires the Secretary to estimate the allocation of the allotments among the States, it did not preclude a subsequent readjustment of that allocation, when it became clear that the data used for that estimate did not effectuate the statutory objective. The interim final rule published in the **Federal Register** on August 26, 2005 permitted in this specific circumstance a redistribution of surplus funds, as it was demonstrated that the States' projections and estimates resulted in an inequitable initial allocation for FY 2005, such that some States were granted an allocation in excess of their total projected need, while the allocation granted to other States proved insufficient to meet their projected QI expenditures. In the August 26, 2005 interim final rule, we codified the methodology we have been using to approximate the statutory formula for determining State allotments. However, since certain States projected a deficit in their allotment before the end of fiscal year 2005, the rule permitted fiscal year 2005 funds to be reallocated from the surplus States to the need States. The regulation specified the methodology for computing the annual allotments, and for reallocating funds in this circumstance. The formula used to reallocate funds was intended to minimize the impact on surplus States, to equitably distribute the total needed amount among those surplus States, and to meet the immediate needs for those States projecting deficits. At the time of the publication of the interim final rule on August 26, 2005, the authorization for the QI benefit expired at the end of calendar year 2005, and no additional funds were appropriated for the QI benefit beyond September 30, 2005; therefore, the regulation specified a sunset at the end of calendar year 2005. C. Allotments for FY 2006 and FY 2007 On October 20, 2005 the “QI, TMA, and Abstinence Programs Extension and Hurricane Katrina Unemployment Relief Act of 2005” was enacted by the Congress (Pub. L. 109-91) (QI, TMA, and Abstinence Act of 2005). Section 101 of the QI, TMA, and Abstinence Act extended the QI program through September 30, 2007 with no change in funding, that is, under this legislation $400 million per fiscal year was appropriated for each of FY 2006 and FY 2007. The provisions of section 101 of the QI, TMA, and Abstinence Act of 2005 were effective as of September 30, 2005. On October 16, 2006 we published a final rule in the **Federal Register** (71 FR 60663), which implemented the provisions of section 101 of the QI, TMA, and Abstinence Act relating the QI allotments for final FY 2006 allotments and preliminary FY 2007 allotments. As indicated in that final rule, we believe that the clear intent of the statute is to provide benefits to eligible persons up to the full amount of funds made available for the program in each fiscal year. We recognized that because of the imprecision in data for computing the States' QI allotments for a fiscal year, some States would experience either surpluses or shortages in their FY 2006 and FY 2007 allotments. In accordance with section 433.10(c), the FY 2006 and FY 2007 QI allotments were designed to compensate for the imprecision in data to permit shortage States to enroll more QIs than otherwise would have been possible. D. Allotments for FY 2008 and Thereafter On September 29, 2007, the President signed the “TMA, Abstinence Education, and QI Program Extension Act of 2007” (QI, TMA, and Abstinence Act of 2007) (Pub. L. 110-90). Section 3 of the QI, TMA, and Abstinence Act of 2007 extends the QI program through December 31, 2007 and allocates $100 million for such period. We will address this allocation and extend the allocation methodology's regulatory sunset in a subsequent rulemaking. If additional funding is authorized to extend the QI Program for some or all of the calendar year 2008 or beyond, we will also issue a notice in the **Federal Register** to announce the QI allotments to be provided in accordance with the extending legislation. II. Provisions of the Notice This notice sets forth the final QI allotments for FY 2007. In the final rule published on October 16, 2006 (71 FR 60663), we set forth a two step/two phase methodology/process for determining States' QI allotments for FY 2007, and that regulation implemented phase one of the process. Under the first step of phase one, an “initial” allocation was determined for each State under the formula specified in section 1933 of the Act and based only on the data obtained from the Census Bureau (the 3-year average of the number of Medicare beneficiaries in the State who are not enrolled in the Medicaid program but whose incomes are at least 120 percent of the FPL and less than 135 percent of the FPL). However, we further obtained States' projected QI expenditures for the fiscal year. We then compared the initial allocations for the fiscal year to the States' projected QI expenditures for the fiscal year to determine those States with a projected need (that is, those States whose initial allocation is less than their projected expenditures) or a projected surplus (that is, those States whose initial allocation is greater than the projected expenditures) for FY 2007. Under the second step of the process, implemented now through this notice, we adjusted the States' initial allocations by considering the States' projected QI expenditures for FY 2007. This was done by proportionately reducing the QI allotments of States with surpluses for the fiscal year by the amount of the total need for States that do not have sufficient QI allotments for the fiscal year. We are thus completing the two phase methodology/process for the fiscal year. This notice accounts for the fact that at the beginning of the fiscal year, we determined the initial allocations based on the Census Bureau data, obtained States' projections of QI expenditures for the fiscal year, and made any adjustments based on the projected surpluses/needs for the fiscal year. The amounts of the States' QI allotments determined under this first phase at the beginning of the fiscal year were considered the States' “initial” QI allotments for the fiscal year and are shown on the table below. Now, under phase two of the process, during the fourth quarter of the fiscal year we obtained States' updated projected QI expenditures for the fiscal year. We then established the “final” QI allotments for the fiscal year based on these updated projections. As indicated in this notice and as shown on the table below, the States' final QI allotments for FY 2007 are determined by comparing the initial QI allotments for the fiscal year (again which are calculated based on the Census Bureau data) to the States' updated projections of QI expenditures for the fiscal year; this establishes those States with a “final” projected need (the initial allocation is less than the updated projected expenditures) or a surplus (initial allocation is greater than the updated projected expenditures) for the fiscal year. Using the updated projected QI expenditures, we adjusted the States' initial allocations by reducing the surplus States' initial allotments proportionately to meet the need States' deficits. This is the same methodology we used for determining the FY 2005 allotments as published in the interim final rule published on August 26, 2005, in the **Federal Register** ; the only change was that in computing the FY 2007 allotments, we determined the preliminary allotments at the beginning of the fiscal year using States' preliminary projected QI expenditures, and then we determined the final QI allotments later in the fiscal year using States' updated projected QI expenditures. The formula used to reallocate the available funds to need States is intended to minimize the impact on surplus States, to equitably distribute the total needed amount among those surplus States, and to meet the needs for those States projecting deficits. Since under the QI, TMA, and Abstinence Act of 2005, the authorization for the QI benefit expires at the end of calendar year 2007, the QI regulation will sunset at the end of calendar year 2007. We will amend the sunset date in the regulation to take into account the extension set out in the QI, TMA, and Abstinence Act of 2007 in a subsequent rulemaking. Based on the process described above, the resulting final allotments for FY 2007 are shown by State in the table below. In this table each column contains data defined as follows: Column A *—State* . Column A shows the name of each State. Columns B through D show the determination of the States' Final FY 2007 QI Allotments, based only on Census Bureau data. Column B *—Number of Individuals* . Column B contains the estimated average number of Medicare beneficiaries for the years 2004 through 2006 that are not covered by Medicaid whose family income is between 120 and 135 percent of the poverty level for each State, in thousands, as obtained from the Census Bureau's Annual Social and Economic Supplement to the Current Population Survey through December 31, 2006. Column C *—Percentage of Total* . Column C provides the percentage of total number of individuals for each State, determined as the Number of Individuals for the State in Column B divided by the sum of the Number of Individuals for all States in Column B. Column D *—Initial QI Allotment* . Column D contains each State's Initial FY 2007 QI allotment, calculated as the State's Percentage of Total in Column C multiplied by $400,000,000, the total amount available for FY 2007 for all States. Columns E through J show the determination of the States' Final FY 2007 QI Allotments. Column E *—FY 2007 Estimated QI Expenditures* . Column E contains the States' most recent estimates of their total QI expenditures for FY 2007 requested from States as of August 31, 2007. Column F *—Need (Difference)* . Column F contains the additional amount of QI allotment needed for those States whose estimated expenditures in Column E exceed their Initial FY 2007 QI allotments in Column D; for those States, Column F shows the amount in Column E minus the amount in Column D. For other States, Column F shows ”NA.” Column G *—Reduction Pool for Non-Need States* . Column G contains the amount of the pool of surplus FY 2007 QI allotments for those States that project they will not need all of their FY 2007 QI allotments (referred to as Non-Need States). For States whose estimates of QI expenditures for FY 2007 in Column E are equal to or less than their Initial FY 2007 QI allotments in Column D, Column G shows the amount in Column D minus the amount in Column E. For the States with a need, Column G shows “Need.” The pool of excess QI allotments is equal to the sum of the amounts in Column G. Column H *—Percent of Total Non-Need States* . Column H shows the percentage of the total excess FY 2007 allotments for each Non-Need State, determined as the amount for each Non-Need State in Column G divided by the sum of the amounts for all States in Column G. Column I *—Reduction for Non-Need States* . Column I shows the amount of reduction to Non-Need States' Initial FY 2007 QI allotments in Column D in order to provide for the total need shown in Column F. The amount in Column I is determined as the percentage in Column H for Non-Need States multiplied by the sum of the need for all States from Column F. Column J *—Final FY 2007 QI Allotment* . Column J contains the Final FY 2007 QI allotment for each State. For States that need additional amounts based on their FY 2007 Estimated QI Expenditures in Column E, Column J is equal to the Initial FY 2007 QI Allotment in Column D plus the amount of Need Column F. For Non-Need States, Column J is equal to the Initial FY 2007 QI Allotment in Column D minus the amount in Column I. Final FY 2007 Qualified Individuals Allotments State Initial QI allotments for FY 2007 Number of individuals 3
(000s)Percentage of total Col B/Tot. Col B Initial QI allotment Col C x $400,000,000 FY 2007 estimated QI expenditures 1 Need (difference) If E>D, E-D Reduction pool for non-need states If D>=E, D-E Percent of total non-need states G/(Total of G) Reduction for non-need states (Col H × Tot. Col F) $61,713,005 Final FY 2007 QI allotment 2 A B C D E F G H I J Alabama 27.0 1.78 $7,114,625 $19,850,000 $12,735,375 ( 4 ) ( 4 ) ( 4 ) $19,850,000 Alaska 1.7 0.11 439,174 130,000 NA $309,174 0.3564 $219,953 219,222 Arizona 35 2.31 9,222,661 11,466,582 2,243,921 ( 4 ) ( 4 ) ( 4 ) 11,466,582 Arkansas 21 1.38 5,533,597 6,190,217 656,620 ( 4 ) ( 4 ) ( 4 ) 6,190,217 California 118 7.80 31,181,379 12,989,337 NA 18,192,042 20.9716 12,942,175 18,239,204 Colorado 13 0.88 3,513,395 2,292,718 NA 1,220,677 1.4072 868,413 2,644,981 Connecticut 16 1.05 4,216,074 7,889,657 3,673,583 ( 4 ) ( 4 ) ( 4 ) 7,889,657 Delaware 4 0.26 1,054,018 257,954 NA 796,064 0.9177 566,336 487,683 District of Columbia 3 0.18 702,679 20,084 NA 682,595 0.7869 485,611 217,068 Florida 104 6.87 27,492,314 30,089,989 2,597,675 ( 4 ) ( 4 ) ( 4 ) 30,089,989 Georgia 45 2.96 11,857,708 18,295,552 6,437,844 ( 4 ) ( 4 ) ( 4 ) 18,295,552 Hawaii 5 0.31 1,229,688 538,360 NA 691,328 0.7970 491,824 737,864 Idaho 6 0.40 1,581,028 1,438,000 NA 143,028 0.1649 101,753 1,479,275 Illinois 80 5.29 21,168,204 14,400,000 NA 6,768,204 7.8023 4,815,033 16,353,171 Indiana 58 3.80 15,195,433 6,293,236 NA 8,902,197 10.2623 6,333,197 8,862,235 Iowa 15 0.97 3,864,734 2,465,061 NA 1,399,673 1.6135 995,755 2,868,979 Kansas 12 0.79 3,162,055 1,856,338 NA 1,305,717 1.5052 928,913 2,233,142 Kentucky 30 2.00 7,992,973 8,166,944 173,971 ( 4 ) ( 4 ) ( 4 ) 8,166,944 Louisiana 32 2.11 8,432,148 11,442,532 3,010,384 ( 4 ) ( 4 ) ( 4 ) 11,442,532 Maine 8 0.55 2,195,872 3,834,061 1,638,189 ( 4 ) ( 4 ) ( 4 ) 3,834,061 Maryland 20 1.32 5,270,092 3,634,249 NA 1,635,843 1.8858 1,163,771 4,106,321 Massachusetts 44 2.92 11,682,038 7,426,293 NA 4,255,745 4.9060 3,027,620 8,654,418 Michigan 52 3.40 13,614,405 8,552,043 NA 5,062,362 5.8358 3,601,464 10,012,941 Minnesota 14 0.94 3,776,899 3,687,449 NA 89,450 0.1031 63,637 3,713,263 Mississippi 18 1.16 4,655,248 9,000,000 4,344,752 ( 4 ) ( 4 ) ( 4 ) 9,000,000 Missouri 46 3.01 12,033,377 3,246,344 NA 8,787,033 10.1296 6,251,268 5,782,110 Montana 7 0.46 1,844,532 799,103 NA 1,045,429 1.2052 743,739 1,100,793 Nebraska 10 0.66 2,635,046 2,181,470 NA 453,576 0.5229 322,683 2,312,363 Nevada 10 0.68 2,722,881 2,208,927 NA 513,954 0.5925 365,637 2,357,244 New Hampshire 8 0.53 2,108,037 881,027 NA 1,227,010 1.4145 872,919 1,235,118 New Jersey 41 2.70 10,803,689 9,990,271 NA 813,418 0.9377 578,682 10,225,008 New Mexico 11 0.72 2,898,551 2,299,667 NA 598,884 0.6904 426,058 2,472,493 New York 89 5.86 23,451,910 38,375,979 14,924,069 ( 4 ) ( 4 ) ( 4 ) 38,375,979 North Carolina 64 4.24 16,952,130 17,598,664 646,534 ( 4 ) ( 4 ) ( 4 ) 17,598,664 North Dakota 5 0.33 1,317,523 441,201 NA 876,322 1.0102 623,433 694,090 Ohio 60 3.97 15,898,112 15,412,487 NA 485,625 0.5598 345,483 15,552,629 Oklahoma 18 1.21 4,830,918 7,695,103 2,864,185 ( 4 ) ( 4 ) ( 4 ) 7,695,103 Oregon 21 1.38 5,533,597 7,045,898 1,512,301 ( 4 ) ( 4 ) ( 4 ) 7,045,898 Pennsylvania 69 4.55 18,181,818 20,005,059 1,823,241 ( 4 ) ( 4 ) ( 4 ) 20,005,059 Rhode Island 7 0.44 1,756,697 1,933,820 177,123 ( 4 ) ( 4 ) ( 4 ) 1,933,820 South Carolina 27 1.76 7,026,790 7,476,000 449,210 ( 4 ) ( 4 ) ( 4 ) 7,476,000 South Dakota 4 0.29 1,141,853 869,000 NA 272,853 0.3145 194,113 947,740 Tennessee 32 2.09 8,344,313 369,605 NA 7,974,708 9.1931 5,673,363 2,670,949 Texas 96 6.30 25,208,608 22,907,835 NA 2,300,773 2.6523 1,636,815 23,571,793 Utah 5 0.33 1,317,523 755,851 NA 561,672 0.6475 399,585 917,939 Vermont 3 0.22 878,349 2,682,376 1,804,027 ( 4 ) ( 4 ) ( 4 ) 2,682,376 Virginia 33 2.17 8,695,652 6,500,000 NA 2,195,652 2.5311 1,562,030 7,133,622 Washington 26 1.73 6,938,955 5,072,243 NA 1,866,712 2.1519 1,328,015 5,610,939 West Virginia 18 1.21 4,830,918 3,568,573 NA 1,262,345 1.4552 898,057 3,932,861 Wisconsin 23 1.49 5,972,771 2,000,375 NA 3,972,396 4.5793 2,826,041 3,146,731 Wyoming 2 0.13 527,009 443,190 NA 83,819 0.0966 59,631 467,379 Total 1,518 100.00 400,000,000 374,966,724 61,713,005 86,746,281 100.0000 61,713,005 400,000,000 Footnotes: 1 FY 2007 Estimates from August 2007 CMS Survey of States. 2 For ( 4 ) States Final FY 2007 QI Allotment is equal to Initial QI Allotment in Column D increased by amount in Column F. For Non-( 4 ) States Final FY 2007 QI Allotment is equal to Initial QI Allotment in Column D reduced by amount in Column I. 3 Three-year average (2004-2006) of number
(000)of Medicare beneficiaries in State who are not enrolled in Medicaid but whose incomes are at least 120 but less than 135 of FPL. 4 Need. Source: Census Bureau Annual Social and Economic Supplement
(ASEC)to the Current Population Survey
(CPS)for past 3 years through March of 2006. III. Collection of Information Requirements This document does not impose information collection and recordkeeping requirements. Consequently, it need not be reviewed by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 35). IV. Regulatory Impact Statement We have examined the impact of this notice as required by Executive Order 12866 (September 1993, Regulatory Planning and Review), the Regulatory Flexibility Act
(RFA)(September 19, 1980, Pub. L. 96-354), section 1102(b) of the Social Security Act, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), Executive Order 13132 on Federalism, and the Congressional Review Act (5 U.S.C. 804(2)). Executive Order 12866 (as amended by Executive Order 13258, which merely reassigns responsibility of duties) directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). A regulatory impact analysis
(RIA)must be prepared for major rules with economically significant effects ($100 million or more in any 1 year). This notice sets forth the amounts of States' final FY 2007 allotments for payment of Medicare Part B premiums for qualifying individuals determined in accordance with existing statutory and regulatory provisions. Because this notice merely redistributes allotments that have already been made, it has no impact. As a result, it does not reach the economic threshold of being considered a major rule. The RFA requires agencies to analyze options for regulatory relief for small businesses. For purposes of the RFA, small entities include small businesses, nonprofit organizations, and small governmental jurisdictions. Most hospitals and most other providers and suppliers are small entities, either by nonprofit status or by having revenues of $6 million to $29 million in any 1 year. Individuals and States are not included in the definition of a small entity. As indicated previously, this notice is applicable only to States. Moreover, the total amount of Federal funds available during a Federal fiscal year and the formula for determining individual State allotments are specified in the law. We have applied the statutory formula for the State allotments. Because the data specified in the law were not initially available, we used comparable data from the U.S. Census Bureau on the number of possible qualifying individuals in the States. *The existing statute and regulations* permit, in a specific circumstance, reallocation of funds to enable enrollment of all eligible individuals to the extent of the available funding. We believe that the final FY 2007 allotments set forth in this notice will have a positive effect on States and individuals. Federal funding at the 100 percent matching rate is available for Medicare cost-sharing for Medicare Part B premium payments for qualifying individuals and, with the reallocation of the State allotments, a greater number of low-income Medicare beneficiaries will be eligible to have their Medicare Part B premiums paid under Medicaid. The changes in allotments will not result in fewer individuals receiving the QI benefit in any State. The FY 2007 costs for this provision have been included in the FY 2007 President's Budget. Section 1102(b) of the Act requires us to prepare a regulatory impact analysis for any rule that may have a significant impact on the operations of a substantial number of small rural hospitals. The analysis must conform to the provisions of section 604 of the RFA. For purposes of section 1102(b) of the Act, we define a small rural hospital as a hospital that is located outside a Core-Based Statistical Area and has fewer than 100 beds. We are not preparing analyses for either the RFA or section 1102(b) of the Act because we have determined and certify that this notice will not have a significant economic impact on a substantial number of small entities or a significant impact on the operations of a substantial number of small rural hospitals. Section 202 of the Unfunded Mandates Reform Act of 1995
(URMA)also requires that agencies assess anticipated costs and benefits before issuing any rule that may result in expenditure in any 1 year by State, local, or tribal governments, in the aggregate, or by the private sector, of $110 million. This rule will have no consequential effect on the governments mentioned or on the private sector. Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a rule that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has federalism implications. Since this notice does not impose any costs on State or local governments, the requirements of E.O. 13132 are not applicable. In accordance with the provisions of Executive Order 12866, this notice was reviewed by the Office of Management and Budget. Authority: Sections 1902(a)(10), 1933 of the Social Security Act (42 U.S.C. 1396a), and Pub. L. 105-33. (Catalog of Federal Domestic Assistance Program No. 93.778, Medical Assistance Program) Dated: November 20, 2007. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. Approved: December 3, 2007. Michael O. Leavitt, Secretary. Editorial Note: This document was received at the Office of the Federal Register on March 18, 2008. [FR Doc. E8-5748 Filed 3-31-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services CMS-3197-N Medicare Program; Meeting of the Medicare Evidence Development and Coverage Advisory Committee—May 21, 2008 AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice of meeting. SUMMARY: This notice announces that a public meeting of the Medicare Evidence Development & Coverage Advisory Committee (MedCAC) (“Committee”) will be held on Wednesday, May 21, 2008. The Committee generally provides advice and recommendations concerning the adequacy of scientific evidence needed to determine whether certain medical items and services are reasonable and necessary under the Medicare statute. This meeting will focus on the design and methodological issues that challenge clinical research regarding innovative neurorehabilitation techniques. The meeting will discuss the various kinds of evidence that are useful to support requests for Medicare coverage in this field. This meeting is open to the public in accordance with the Federal Advisory Committee Act (5 U.S.C. App. 2, section 10(a)). DATES: *Meeting Date:* The public meeting will be held 7:30 a.m. until 4:30 p.m., d.s.t. on Wednesday, May 21, 2008. *Deadline for Submission of Written Comments:* Written comments must be received at the address specified in the ADDRESSES section of this notice by 5 p.m., d.s.t. on April 21, 2008. Once submitted, comments are final. *Deadlines for Speaker Registration and Presentation Materials:* The deadline to register to be a speaker, and to submit materials and writings that will be used in support of an oral presentation, is 5 p.m., d.s.t. on Monday, April 21, 2008. Speakers may register by phone or via e-mail by contacting the person listed in the FOR FURTHER INFORMATION CONTACT section of this notice. Presentation materials must be received at the address specified in the ADDRESSES section of this notice. *Deadline for All Other Attendees Registration:* Individuals may register by phone or via e-mail by contacting the person listed in the FOR FURTHER INFORMATION CONTACT section of this notice by 5 p.m., d.s.t. on Wednesday, May 14, 2008. *Deadline for Submitting a Request for Special Accommodations:* Persons attending the meeting who are hearing or visually impaired, or have a condition that requires special assistance or accommodations, are asked to contact the Executive Secretary as specified in the FOR FURTHER INFORMATION CONTACT section of this notice no later than 5 p.m., d.s.t. Friday, May 9, 2008. ADDRESSES: *Meeting Location:* The meeting will be held in the main auditorium of the Centers for Medicare & Medicaid Services, 7500 Security Blvd., Baltimore, MD 21244. *Submission of Presentations and Comments:* Presentation materials and written comments that will be presented at the meeting must be submitted via e-mail to *MedCACpresentations@cms.hhs.gov* or by regular mail to the contact listed in the FOR FURTHER INFORMATION CONTACT section of this notice by the date specified in the DATES section of this notice. FOR FURTHER INFORMATION CONTACT: Maria Ellis, Executive Secretary for MedCAC, Centers for Medicare & Medicaid Services, Office of Clinical Standards and Quality, Coverage and Analysis Group, C1-09-06, 7500 Security Boulevard, Baltimore, MD 21244 or contact Ms. Ellis by phone (410-786-0309) or via e-mail at *Maria.Ellis@cms.hhs.gov* . SUPPLEMENTARY INFORMATION: I. Background MedCAC, formerly known as the Medicare Coverage Advisory Committee (MCAC), provides advice and recommendations to CMS regarding clinical issues. (For more information on MCAC, see the December 14, 1998 **Federal Register** (63 FR 68780).) This notice announces the May 21, 2008, public meeting of the Committee. During this meeting, the Committee will discuss the desirable characteristics of research trials in neurorehabilitation. Due to the broad nature of this topic, the Committee will focus on the key questions of clinical trial design, methodology and analysis in the context of stroke rehabilitation. Background information about this topic, including panel materials, will become available at *http://www.cms.hhs.gov/coverage* . II. Meeting Format This meeting is open to the public. The Committee will hear oral presentations from the public for approximately 30 minutes. The Committee may limit the number and duration of oral presentations to the time available. Your comments should focus on issues specific to the list of topics that we have proposed to the Committee. The list of research topics to be discussed at the meeting will be available on the following Web site prior to the meeting: *http://www.cms.hhs.gov/mcd/index_list.asp?list_type=mcac* . We require that you declare at the meeting whether you have any financial involvement with manufacturers (or their competitors) of any items or services being discussed. The Committee will deliberate openly on the topics under consideration. Interested persons may observe the deliberations, but the Committee will not hear further comments during this time except at the request of the chairperson. The Committee will also allow a 15-minute unscheduled open public session for any attendee to address issues specific to the topics under consideration. At the conclusion of the day, the members will vote and the Committee will make its recommendation(s) to CMS. III. Registration Instructions CMS' Coverage and Analysis Group is coordinating the meeting registration. While there is no registration fee, individuals must register to attend. You may register by contacting the person listed in the FOR FURTHER INFORMATION CONTACT section of this notice by the deadline listed in the DATES section of this notice. Please provide your full name (as it appears on your state-issued driver's license), address, organization, telephone, fax number(s), and e-mail address. You will receive a registration confirmation with instructions for your arrival at the CMS complex or you will be notified the seating capacity has been reached. IV. Security, Building, and Parking Guidelines This meeting will be held in a Federal government building; therefore, Federal security measures are applicable. We recommend that confirmed registrants arrive reasonably early, but no earlier than 45 minutes prior to the start of the meeting, to allow additional time to clear security. Security measures include the following: • Presentation of government-issued photographic identification to the Federal Protective Service or Guard Service personnel. • Inspection of vehicle's interior and exterior (this includes engine and trunk inspection) at the entrance to the grounds. Parking permits and instructions will be issued after the vehicle inspection. • Inspection, via metal detector or other applicable means of all persons brought entering the building. We note that all items brought into CMS, whether personal or for the purpose of presentation or to support a presentation, are subject to inspection. We cannot assume responsibility for coordinating the receipt, transfer, transport, storage, set-up, safety, or timely arrival of any personal belongings or items used for presentation or to support a presentation. Note: Individuals who are not registered in advance will not be permitted to enter the building and will be unable to attend the meeting. The public may not enter the building earlier than 30 to 45 minutes prior to the convening of the meeting. All visitors must be escorted in areas other than the lower and first floor levels in the Central Building. Authority: 5 U.S.C. App. 2, section 10(a). (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: March 14, 2008. Barry M. Straube, Chief Medical Officer and Director, Office of Clinical Standards and Quality, Centers for Medicare & Medicaid Services. [FR Doc. E8-5882 Filed 3-31-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration The Essentials of Food and Drug Administration Medical Device Regulations: A Primer for Manufacturers and Suppliers; Public Seminar AGENCY: Food and Drug Administration, HHS. ACTION: Notice of public seminar. SUMMARY: The Food and Drug Administration's (FDA's) Center for Devices and Radiological Health and Office of Regulatory Affairs, in cooperation with AdvaMed's Medical Technology Learning Institute, is announcing a series of three seminars on FDA medical device regulations. These 2-day seminars, which are designed to address the training needs of startup and small device manufacturers and their suppliers, will include both industry and FDA perspectives and a question and answer period. *Dates* : The seminars are planned for the following dates: 1. April 8 and 9, 2008, in Rosemont, IL 60018. Details about dates are posted on AdvaMed's Web site at: *www.Advamedmtli.org/Chicago* . 1 1 FDA has verified the Web site addresses, but FDA is not responsible for any subsequent changes to the Web sites after this document publishes in the **Federal Register** . 2. May 13 and 14, 2008, Bethesda, MD 20852. Details about dates are posted on AdvaMed's Web site at *www.Advamedmtli.org/Bethesda* . 3. June 17 and 18, 2008, Queens, NY. Details about dates are posted on AdvaMed's Web site at: *www.Advamedmtli.org/New York* . *Locations* : The seminars are planned for the following locations: 1. April 8 and 9, 2008, Westin O'Hare, 6100 North River Rd., Rosemont, IL 60018. Details about location sites are posted on AdvaMed's Web site at: *www.Advamedmtli.org/Chicago* . 2. May 13 and 14, 2008, Marriott Bethesda North Conference Center, White Flint Auditorium, 5101 Marinelli Rd., North Bethesda, MD 20852. Details about location sites are posted on AdvaMed's Web site at: *www.advamedmtli.org/Bethesda* . 3. June 17 and 18, 2008, Crowne Plaza New York-LaGuardia, 104-04-Ditmars Blvd., East Elmhurst, NY 11369. Details about location sites are posted on AdvaMed's Web site at: *www.advamedmtli.org/NewYork* . *Contact* : *For FDA* : William Sutton, Division of Small Manufacturers, International and Consumer Assistance, Center for Devices and Radiological Health (HFZ-220), 1350 Piccard Dr., Rockville, MD 20850, 800-638-2041, ext. 125, FAX: 240-276-3151, e-mail: *William.sutton@fda.hhs.gov* . *For AdvaMed* : Veronica Allen, 202-434-7231, FAX: 202-783-8750, e-mail: *VAllen@AdvaMed.org* . *Registration* : The registration fee for a limited number of FDA employees is waived. Send registration information (including name, title, firm name, address, telephone, and fax number) and the registration fee of $525 per person to AdvaMed, contact Veronica Allen, 202-434-7231, FAX: 202-783-8750. Payment forms accepted are major credit card (MasterCard, Visa, or American Express) or company check. If you wish to pay by check, contact Veronica Allen at *VAllen@Advamed.org* . To register via the Internet, go to *www.AdvaMed.org* . The latest information on dates/venue sites will be posted on this Web site at: *www.advamedmtli.org/Chicago* , *www.admedmtli.org/Bethesda* , and *www.advamedmtli.org/NewYork* (FDA has verified the Web site addresses, but is not responsible for changes to the Web sites after this document publishes in the **Federal Register** ). For more information on the meeting, or for questions on registration, contact Veronica Allen (see *Contact* ). Attendees are responsible for their own accommodations. For further hotel information and driving directions, go to the registration Web site. The registration fee will be used to offset the expenses of hosting the conference, including meals (breakfast and a lunch), refreshments, meeting rooms, and training materials. It also includes a networking reception on the evening of the first day of each seminar. Space is limited; therefore, interested parties are encouraged to register early. There will be no onsite registration. If you need special accommodations due to a disability, please contact Veronica Allen (see *Contact* ) at AdvaMed as soon as possible. SUPPLEMENTARY INFORMATION: The “Essentials of FDA Medical Device Regulations: A Primer for Manufacturers and Suppliers” seminar helps fulfill the Department of Health and Human Services' and FDA's important mission to protect the public health by educating new entrepreneurs on the essentials of FDA device regulations. FDA has made education of the medical device community a high priority to assure the quality of products reaching the marketplace and to increase the rate of voluntary industry compliance with regulations. The seminar helps to implement the objectives of section 903 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 393) and the FDA Plan for Statutory Compliance, which includes working more closely with stakeholders and ensuring access to needed scientific and technical expertise. The seminar also furthers the goals of the Small Business Regulatory Enforcement Fairness Act (Public Law 104-121) by providing outreach activities by Government agencies directed at small businesses. The following topics, as well as others, will be discussed at the seminar: • Doing business in a regulated industry; • Organizational structure of FDA; • Overview of the quality system regulation; • Design controls; • Documents, records, and change control; • Purchasing controls and acceptance activities; • Production and process control; • Corrective and preventive actions; • Complaints, medical device reports, corrections, and recalls; • Compliance issues; • Management responsibility; • Interacting with FDA—Where do you go for assistance? • General question and answer session; • Manufacturers and suppliers—the chain regulatory responsibility; • Reimbursement of medical technology; • The AdvaMed code of ethics; and • Fraud and abuse. Dated: March 27, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. 08-1085 Filed 3-28-08; 11:48 am]
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93 references not yet in our index
  • 7 CFR 457
  • 14 CFR 61
  • 14 CFR 27
  • Pub. L. 96-354
  • Pub. L. 96-39
  • Pub. L. 104-4
  • 49 CFR 7
  • 18 CFR 35
  • 30 CFR 756
  • 30 USC 1231-1243
  • 30 CFR 884
  • Pub. L. 100-71
  • 33 CFR 117
  • 5 USC 601-612
  • Pub. L. 104-121
  • 44 USC 3501-3520
  • 2 USC 1531-1538
  • 42 USC 4321-4370f
  • 40 CFR 63
  • 40 CFR 2
  • 40 CFR 9
  • Pub. L. 104-113
  • 14 CFR 39
  • 16 CFR 305
  • Pub. L. 110-140
  • 5 CFR 1320.3(c)(2)
  • 5 USC 603-605
  • 30 CFR 938
  • 43 CFR 4.1280
  • 32 CFR 199
  • Pub. L. 107-107
  • Pub. L. 105-33
  • Pub. L. 106-133
  • Pub. L. 106-554
  • Pub. L. 108-173
  • Pub. L. 99-509
  • Pub. L. 109-171
  • Pub. L. 108-73
  • 42 CFR 413.65
  • 42 CFR 419
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C.F.R.§ 756.20
C.F.R.§ 756.1
C.F.R.§ 884.14
F. App'x413 F.3d 3
SCOTUS435 U.S. 519
F. App'x803 F.2d 1016
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