Notices. Notice of a South Atlantic Deepwater Coral Teacher's Workshop

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BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XG87 Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a South Atlantic Deepwater Coral Teacher's Workshop. SUMMARY: The South Atlantic Fishery Management Council, in partnership with NOAA Undersea Research Center, NOAA Fisheries, and Harbor Branch Oceanographic Institution is conducting a Deepwater Coral Teacher Workshop in Ft.

Pierce, FL. DATES: The workshop will take place April 19, 2008. See SUPPLEMENTARY INFORMATION . ADDRESSES: The workshop will be held at the Harbor Branch Oceanographic Institute at Florida Atlantic University, 5600 U.S. 1, North, Ft. Pierce, FL; telephone:

(772)465-2400. *Council address* : South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405. FOR FURTHER INFORMATION CONTACT: Kim Iverson, Public Information Officer; telephone:

(843)571-4366 or toll free

(866)SAFMC-10; fax:

(843)769-4520; email: *kim.iverson@safmc.net* . SUPPLEMENTARY INFORMATION: The Deepwater Coral Teacher's Workshop will take place from 8:30 a.m. - 5 p.m. on April 19, 2008. The Workshop is designed for teachers and educators targeting high-school grade students to better increase their student's knowledge and awareness of these important marine ecosystems. The Workshop will include presentations on deepwater coral reefs found off of Florida, an overview of the Oculina Habitat Area of Particular Concern, deepwater coral research, mapping and monitoring, and management. The Workshop also includes a guided tour of the Smithsonian Marine Station in Ft. Pierce, FL. Registration for the Workshop is limited. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for auxiliary aids should be directed to the council office (see ADDRESSES ) 3 days prior to the meeting. Note: The times and sequence specified in this agenda are subject to change. Dated: March 31, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-6882 Filed 4-2-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XG79 North Pacific Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The North Pacific Fishery Management Council's (Council) Non-Target Species Committee will meet April 23, 2008 at the Alaska Fishery Science Center, National Marine Mammal Conference Room. DATES: The meeting will be held on April 23, 2008, from 9 a.m. to 5 p.m. ADDRESSES: The meeting will be held at the Alaska Fishery Science Center, 7600 Sand Point Way NE, Bldg 4, Seattle, WA. It will also be held by teleconference at the National Marine Fisheries Service, 709 W 9th, Juneau, AK (8 a.m. AST). *Council address* : North Pacific Fishery Management Council, 605 W. 4th Ave., Suite 306, Anchorage, AK 99501-2252. FOR FURTHER INFORMATION CONTACT: Jane DiCosimo, Council staff; telephone:

(907)271-2809. SUPPLEMENTARY INFORMATION: The Non-Target Species Committee will consider possible priorities for breaking out different groups from the “other species” complexes in the BSAI and GOA groundfish fishery management plans. The need to set these priorities is to take quicker action for more vulnerable groups. The committee and have expressed concern that analyzing a broader set of alternatives (which addresses sharks, squids, sculpins, and octopuses in the GOA; sharks, skates, sculpins, and octopuses in the BSAI; and possibly grenadiers in the GOA and BSAI) in one analysis may result in an unmanageable decision making document. Management of these species groups (plus additional multiple sub-area, sub-allocation, and seasonal apportionments) poses numerous management and regulatory difficulties and may result in unintended consequences on fishing fleets. The proposed priorities for action include:

(1)move BSAI and/or GOA squid into the forage fish category;

(2)move BSAI and/or GOA octopus into the forage fish category or remove it from the FMPs and defer management to the State of Alaska;

(3)delete an alternative to add grenadiers to the TAC specification process; and

(4)separate the proposed alternatives into distinct BSAI and GOA amendment packages. The Committee will develop recommendations on these priority actions. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Gail Bendixen,

(907)271-2809, at least 5 working days prior to the meeting date. Dated: March 31, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-6880 Filed 4-2-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XG80 North Pacific Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public committee meeting. SUMMARY: The North Pacific Fishery Management Council's (Council) Crab Committee will meet. DATES: The meeting will be held on April 29, 2008, from 8:30 a.m. to 5:30 p.m. ADDRESSES: The meeting will be held at the Swedish Culture Center, 1920 Dexter Avenue North, Seattle, WA 98109. *Council address* : North Pacific Fishery Management Council, 605 W. 4th Ave., Suite 306, Anchorage, AK 99501-2252. FOR FURTHER INFORMATION CONTACT: Mark Fina, North Pacific Fishery Management Council; telephone:

(907)271-2809. SUPPLEMENTARY INFORMATION: The Committee will have discussions on the following items: purpose and need statement; potential elements and options; crew proposal and alternatives to those proposals; data issues; community protections; possible emergency relief from regionalization; arbitration issues. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Gail Bendixen,

(907)271-2809, at least 5 working days prior to the meeting date. Dated: March 31, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-6881 Filed 4-2-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE Department of the Navy Notice of Availability for Final Environmental Impact Statement for the Activities To Implement 2005 Base Realignment and Closure Actions at National Naval Medical Center, Bethesda, MD AGENCY: Department of the Navy, DoD. ACTION: Notice. SUMMARY: Pursuant to Section (102)(2)(C) of the National Environmental Policy Act of 1969 (NEPA), the regulations implemented by the Council on Environmental Quality (40 CFR parts 1500-1508), and the Department of the Navy

(DON)NEPA regulation (32 CFR part 775), DON announces the availability of the Final Environmental Impact Statement

(FEIS)for potential environmental impacts associated with implementing actions directed by the Defense Base Closure and Realignment

(BRAC)Act of 1990, Public Law 101-510, as amended in 2005 (BRAC Law), at the National Naval Medical Center

(NNMC)in Bethesda, MD. DATES: The Wait Period (No Action Period) for the FEIS will end 30 days after publication of an NOA in the **Federal Register** by the U.S. Environmental Protection Agency. ADDRESSES: Officer in Charge—BRAC, National Naval Medical Center, 8901 Wisconsin Avenue, Bethesda, MD 20889 and Telephone: 301-319-4561. FOR FURTHER INFORMATION CONTACT: Officer in Charge—BRAC, National Naval Medical Center, 8901 Wisconsin Avenue, Bethesda, MD 20889 and Telephone: 301-319-4561. SUPPLEMENTARY INFORMATION: Under the BRAC law, the Walter Reed Army Medical Center (WRAMC) will realign all tertiary and complex health care services to the NNMC campus in Bethesda. The transfer and integration of these services with existing functions at NNMC will result by law in creation of a new premier military health care center to be named the Walter Reed National Military Medical Center (WRNMMC) at Bethesda, MD, and is to be accomplished by 15 September 2011. The BRAC-directed realignment will bring additional patients and visitors requiring additional staff and facilities to be provided at NNMC. The FEIS provides information on the proposed new construction and facility alterations, current estimates of the additional staff that will be needed, and an assessment of the potential environmental impacts associated with implementation of these realignment actions at NNMC in Bethesda, MD. The FEIS addresses three alternatives: Two alternatives that implement the BRAC-directed actions and a No Action Alternative. Both BRAC implementation alternatives provide the same facilities with some facility site changes and differences between new construction and renovation to obtain required facilities. The environmental impacts between the two BRAC alternatives are similar. The Navy's Preferred Alternative would add approximately 1,144,000 square feet

(SF)of new building construction, provide approximately 508,000 SF of renovation to existing building space at NNMC, and provide approximately 824,000 SF of new parking facilities. It would accommodate approximately 2,500 additional staff and an estimated 1,862 patients and visitors each weekday. The new construction or improvements to existing facilities would provide medical care and administration additions and alterations, a National Intrepid Center of Excellence for traumatic brain injury and psychological health care, permanent and temporary lodging facilities (Bachelor Enlisted Quarters and Fisher Houses TM ), a new physical fitness center, additional parking, and road and utility improvements on the installation as needed to support the new facilities. The FEIS finds that the Preferred Alternative would have minimal impacts to soil, water, or biological resources because the new facilities would be constructed on either existing development such as parking lots or on landscaped areas with only a small increase in impervious surfaces. No effects to rare, threatened, and endangered species would be expected under the Preferred Alternative. Emissions of air pollutants from construction and operations of the Preferred Alternative would not exceed *de minimis* levels or ambient standards established by the U.S. Environmental Protection Agency for protection of the airshed and thus air quality impacts would not be significant. A short-term increase in noise levels would occur during construction that is typical of construction activities. Utility expansions would be required, but major issues are not anticipated. The Navy is pursuing formal Section 106 consultation under the National Historic Preservation Act to resolve all adverse effects to historic properties. The Preferred Alternative will add traffic to an area already experiencing heavy traffic congestion. The FEIS provides a number of recommended improvements both on and off Base to address the effects of the traffic generated by the Preferred Alternative. The Navy is programming funds for improvements at gates and on Base and is submitting a request for Defense Access Road Program approval for some of these improvements off Base. The FEIS finds all direct effects to land use to be within NNMC and consistent with NNMC plans; all actions take place within the NNMC boundaries. Off Base, the BRAC actions increase traffic on roads already experiencing traffic congestion. Community planners believe that the traffic congestion in the region could cause land development plans to be altered and the BRAC traffic volumes contribute to the congestion with heavier volumes than previously anticipated in their plans. Economic impacts to the surrounding economy from the large investment in construction and renovation of facilities under the Preferred Alternative would be beneficial. Personnel relocating from WRAMC are not expected to change their off base residences and lodging being added for the increase in staff, patients and visitors is considered adequate; impacts to local housing, schools, or community services are expected to be minimal. Impacts to human health and safety are not expected. The FEIS has been distributed to various federal, state, and local agencies, elected officials, special interest groups, and interested parties. The FEIS is also available at the following local libraries and public facilities: Bethesda Library, 7400 Arlington Road, Bethesda, MD, 20814; Chevy Chase Library, 8005 Connecticut Avenue, Chevy Chase, MD, 20815; Davis Library, 6400 Democracy Boulevard, Bethesda, MD, 20817; Kensington Park Library, 4201 Knowles Avenue, Kensington, MD, 20895; Rockville Library, 21 Maryland Avenue, Rockville, MD 20850; Bethesda-Chevy Chase Regional Services Center, 4805 Edgemoor Lane, Bethesda, MD, 20814; Bethesda Urban Partnership, Inc., 7700 Old Georgetown Road, Bethesda, MD, 20814; and Bethesda-Chevy Chase Chamber of Commerce, 7910 Woodmont Avenue, Suite 1204, Bethesda, MD, 20814. The FEIS is also available at the following Web sites: *http://www.bethesda.med.navy.mil/Professional/Public_Affairs/BRAC/* ; and *http://www.montgomerycountymd.gov/brac* . Dated: March 28, 2008. T.M. Cruz, Lieutenant, Judge Advocate Generals Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. E8-6891 Filed 4-2-08; 8:45 am] BILLING CODE 3810-FF-P DEPARTMENT OF ENERGY Proposed Agency Information Collection AGENCY: U.S. Department of Energy. ACTION: Notice and request for comments. SUMMARY: The Department of Energy

(DOE)invites public comment on a proposed collection of information that DOE is developing for submission to the Office of Management and Budget

(OMB)pursuant to the Paperwork Reduction Act of 1995. Comments are invited on:

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

(b)the accuracy of the agency's estimate of the burden of the proposed collection of information, 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 respondents, including through the use of automated collection techniques or other forms of information technology. DATES: Comments regarding this proposed information collection must be received on or before June 2, 2008. If you anticipate difficulty in submitting comments within that period, contact the person listed in ADDRESSES as soon as possible. ADDRESSES: Written comments may be sent to JoAnna Sellen, Office of International Regimes and Agreements (NA-243), National Nuclear Security Administration, 1000 Independence Ave., SW., Washington, DC 20585 or by fax at 202-586-1348, or by e-mail at *Joanna.Sellen@nnsa.doe.gov.* FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to the person listed in ADDRESSES. SUPPLEMENTARY INFORMATION: This package contains:

(1)*OMB No.* {enter “New};

(2)*Information Collection Request* Title: U.S. Declaration under the Protocol Additional to the U.S.-IAEA Safeguards Agreement (“Additional Protocol”), and Collection of Information by the Department of Energy;

(3)*Type of Review:* New;

(4)*Purpose:* Develop Information for Inclusion by the Department of Energy in the United States Declaration to the International Atomic Energy Agency

(IAEA)under the Additional Protocol to the U.S.-IAEA International Safeguards Agreement. This proposed collection of information is pursuant to implementing the provisions of the Protocol Additional to the Agreement Between the United States of America and the IAEA for the Application of Safeguards in the United States of America (the “Additional Protocol” or “AP”). The Additional Protocol is a supplement to the existing U.S.-IAEA Safeguards Agreement, which entered into force in 1980; once the U.S. AP enters into force, it will become part of the Safeguards Agreement. The United States signed the U.S. AP in 1998, President Bush submitted it to the Senate on May 9, 2002 for the Senate's advice and consent to ratification, and the Senate approved a resolution providing such advice and consent on March 31, 2004. Legislation to implement the U.S. AP was enacted on December 18, 2006. Entry into force of the U.S. AP will take place when the President deposits the instrument of ratification with the IAEA. The Department of Energy is the Lead Agency for implementing the Additional Protocol at locations owned, operated, or leased by or for DOE, including Nuclear Regulatory Commission (NRC)-licensed or certified activities on DOE installations, and, in coordination with the Department of Defense, non-military locations on installations that store or process naval reactor fuel (collectively known as “DOE Locations”). This collection of information affects only those persons performing activities at DOE Locations that would be declarable to the IAEA under the U.S. AP. The NRC is the Lead Agency for locations that are subject to the regulatory authority of the NRC, pursuant to the NRC's regulatory jurisdiction under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 *et seq.* ), with the exception of those NRC-licensed or certified activities at DOE Locations. The Department of Commerce

(DOC)is the Lead Agency for all other locations in the United States, except U. S. Government locations and those locations for which the NRC is the Lead Agency. All persons, including DOE contractors performing declarable activities at locations other than those for which DOE is the Lead Agency, would submit their declarations for these activities at non-DOE Locations to either the NRC or DOC, as appropriate. The Department of Energy proposes to collect information that is required for submission under the U.S. AP. Collecting this information from those entities that are actually performing declarable activities at DOE Locations provides the most effective and efficient way for DOE to identify such declarable activities and the locations associated with such activities, and to assemble accurate and timely information on such activities. All reporting requirements that are applicable to respondents making their declarations through DOE can be found in Article 2.a of the U.S. AP. These activities are considered to be funded, specifically authorized or controlled by, or carried out on behalf of, the United States, by virtue of the fact that the Department of Energy, as an agency of the U.S. Government, controls all activities, regardless of performer, that occur at its installations.

(5)*Respondents:* Respondents will primarily include DOE Management and Operations (M&O) contractors operating DOE installations and facilities. DOE estimates that 10-15 respondents will submit declarations under the U.S. AP; however, the number will fluctuate on an annual basis. Because any person performing a declarable activity at a location for which DOE is the Lead Agency must report that activity through DOE, and because the identity of such persons might change from year to year as declarable activities are initiated or terminated, DOE cannot estimate with certainty the total number of respondents subject to this collection of information. Likewise, it cannot estimate with certainty the number of small businesses, if any, that would be affected by this collection.

(6)*Estimated Number of Burden Hours:* The burden in person-hours of responding to the proposed collection of information will depend on the number of declarable activities at the respondent's location. This effort might range from as low as 40 hours, for a location with one or two declarable activities, to as many as 400 hours, for a location with 30-40 declarable activities. This effort includes annual effort expended in maintaining and training on using the software provided by DOE to assemble and report the information as well as making the declaration. Statutory Authority: Public Law 109-401 (December 18, 2006). Issued in Washington, DC on March 27, 2008. Adam M. Scheinman, Assistant Deputy Administrator for Nonproliferation and International Security. [FR Doc. E8-6905 Filed 4-2-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Information Collection Extension AGENCY: Department of Energy. ACTION: Submission for Office of Management and Budget

(OMB)review; comment request. SUMMARY: The Department of Energy

(DOE)has submitted an information collection request to the OMB for extension under the provisions of the Paperwork Reduction Act of 1995. The information collection requests a three-year extension of its Department-wide Printing and Publishing Activities, OMB Control Number 1910-0100. This information collection request covers information necessary to the Department for gathering and compiling data from its facilities nation-wide on the usage of in-house printing and duplicating facilities as well as all printing productions from external Government Printing Office vendors. DATES: Comments regarding this collection must be received on or before May 5, 2008. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, please advise the OMB Desk Officer of your intention to make a submission as soon as possible. The Desk Officer may be telephoned at 202-395-4650. ADDRESSES: Written comments should be sent to: DOE Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10102, 735 17th Street, NW., Washington, DC 20503; and to: Dallas Woodruff, Lead Printing Specialist, U.S. Department of Energy, M/S MA-421, 1000 Independence Ave., SW., Washington, DC 20585; or by fax at 202-586-0753 or by e-mail at *dallas.woodruff@hq.doe.gov.* FOR FURTHER INFORMATION CONTACT: The individuals listed in ADDRESSES . SUPPLEMENTARY INFORMATION: This information collection request contains:

(1)OMB No. 1910-0100;

(2)*Information Collection Request Title:* Department-wide Printing and Publishing Activities;

(3)*Purpose:* The information collected is reported to the Joint Committee on Printing (JCP). It provides the JCP a comprehensive overview of Department-wide printing and duplicating activities;

(4)*Estimated Number of Respondents:* 163;

(5)*Estimated Total Burden Hours:* 1607;

(6)*Number of Collections:* The information collection request contains five

(5)information and/or recordkeeping requirements. Statutory Authority: See 44 U.S.C. 103, 501 & 504, and the Government Printing and Binding Regulations, Title IV; Joint Committee on Printing Report Forms. Issued in Washington, DC on March 27, 2008. Mary R. Anderson, Director, Office of Administrative Management and Support. [FR Doc. E8-6906 Filed 4-2-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-93-000] Northern Natural Gas Company; Notice of Application March 27, 2008. Take notice that on March 19, 2008, Northern Natural Gas Company (Northern), 1111 South 103rd Street, Omaha, Nebraska 68124, filed in Docket No. CP08-93-000 an application pursuant to section 7(b) of the Natural Gas Act

(NGA)and part 157 of the Commission's regulations for permission and approval to abandon in-place compression facilities at its Kermit compressor station, located in Winkler County, Texas, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at *FERCOnlineSupport@ferc.gov* or call toll-free,

(886)208-3676 or TTY,

(202)502-8659. Specifically, Northern proposes to abandon in-place two compressor units: A G.E. 9,300 horsepower unit and a Solar 1,080 horsepower unit and station piping at its Kermit compressor station. Northern states that the two units were damaged during a fire and explosion in the spring of 2003. Northern avers that no physical construction activities will occur to abandon the compressor units in-place since the units were severed from the station piping and disconnected after the fire and explosion were contained. Northern declares that it will retain the compressor station yard along with the office building for Northern's personnel to utilize. Northern avers that a by-pass pipeline around the compressor station was constructed and is now in operation and service has been restored. Northern states that the abandonment would not impact any firm service obligations to Northern's existing shippers since the pipeline facilities, including the relocated by-pass pipeline, will have the capacity to continue full, uninterrupted service. Any questions regarding this application should be directed to Michael T. Loeffler, Senior Director of Certificates and External Affairs, Northern Natural Gas Company, 1111 South 103rd Street, Omaha, Nebraska 68124, at

(402)398-7103. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. *Comment Date:* April 17, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-6864 Filed 4-1-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-94-000] Transcontinental Gas Pipe Line Corporation; Notice of Application March 27, 2008. Take notice that on March 18, 2008, Transcontinental Gas Pipe Line Corporation (Transco), P.O. Box 1396, Houston, Texas 77251, filed in Docket No. CP08-94-000 an application pursuant to section 7(b) of the Natural Gas Act

(NGA)and part 157 of the Commission's regulations for permission and approval to abandon the South Marsh Island Block 66 “C” Platform (SMI 66C Platform) and appurtenances, located in offshore Louisiana, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at *FERCOnlineSupport@ferc.gov* or call toll-free,

(886)208-3676 or TYY,

(202)502-8659. Transco proposes to abandon the SMI 66C Platform and appurtenant facilities. Transco states that it has not used the platform to provide transportation service at least since the abandonment of the compressors in 1986. Transco declares that the platform is no longer needed by Transco, was damaged in hurricanes Katrina and Rita in 2005, and should be removed. Transco avers that the abandonment of the platform will have no impact on the daily design capacity of, or operating conditions on, Transco's pipeline system, nor will the abandonment have any adverse impact on Transco's existing customers. Transco states that no customers have received service through the SMI 66C Platform since the abandonment of the compressors in 1986. Any questions regarding this application should be directed to Ingrid Germany, Certificates & Tariffs, Transcontinental Gas Pipe Line Corporation, P.O. Box 1396, Houston, Texas 77251, at

(713)215-4015. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)

(iii)and the instructions on the Commission's Web site under the “e-Filing” link. *Comment Date:* April 17, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-6859 Filed 4-2-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER07-1105-004] Cedar Creek Wind Energy, LLC; Notice of Filing March 27, 2008. Take notice that on March 24, 2008, Cedar Creek Wind Energy, LLC, filed an amendment to its February 5, 2008, notice of non-material change in status in accordance to the Commission's March 7, 2008, request. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on April 7, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-6860 Filed 4-2-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER97-4335-008] GEN~SYS Energy; Notice of Filing March 27, 2008. Take notice that on July 24, 2006, GEN~SYS Energy filed a letter notifying the Commission that pursuant to amendments of Section 201(f) of the Federal Power Act, 16 U.S.C. 824(f), in the Energy Policy Act of 2005, it ceased to be a “public utility” as of August 8, 2005. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on April 17, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-6858 Filed 4-2-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-451-000] Plum Point Energy Associates, LLC; Notice of Issuance of Order March 27, 2008. Plum Point Energy Associates, LLC (Plum Point) filed an application for market-based rate authority, with an accompanying tariff. The proposed market-based rate tariff provides for the sale of energy, capacity and ancillary services at market-based rates. Plum Point also requested waivers of various Commission regulations. In particular, Plum Point requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by Plum Point. On March 6, 2008, pursuant to delegated authority, the Director, Division of Tariffs and Market Development-West, granted the request for blanket approval under Part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by Plum Point, should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2007). The Commission encourages the electronic submission of protests using the FERC Online link at *http://www.ferc.gov.* Notice is hereby given that the deadline for filing protests is April 7, 2008. Absent a request to be heard in opposition to such blanket approvals by the deadline above, Plum Point is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of Plum Point, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of Plum Point's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E8-6862 Filed 4-2-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER08-354-000; ER08-354-001; ER08-354-002] Wells Fargo Energy Markets, LLC; Notice of Issuance of Order March 27, 2008. Wells Fargo Energy Markets, LLC (Wells Fargo), filed an application for market-based rate authority, with an accompanying tariff. The proposed market-based rate tariff provides for the sale of energy, capacity and ancillary services at market-based rates. Wells Fargo also requested waivers of various Commission regulations. In particular, Wells Fargo requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by Wells Fargo. On March 6, 2008, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—West, granted the request for blanket approval under Part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by Wells Fargo, should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2007). The Commission encourages the electronic submission of protests using the FERC Online link at *http://www.ferc.gov* . Notice is hereby given that the deadline for filing protests is April 7, 2008. Absent a request to be heard in opposition to such blanket approvals by the deadline above, Wells Fargo is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of Wells Fargo, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of Wells Fargo's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E8-6861 Filed 4-2-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. AD08-2-000] Order on Technical Conference Issued March 20, 2008. AGENCY: Federal Energy Regulatory Commission. ACTION: Order on Technical Conference. SUMMARY: On December 11, 2008, the Federal Energy Regulatory Commission convened a technical conference on interconnection queuing practices. This order follows up that technical conference and directs Regional Transmission Organizations and Independent System Operators to file reports on the status of their efforts to improve the processing of their interconnection queues. DATES: Reports are due April 21, 2008. FOR FURTHER INFORMATION CONTACT: Mary C. Morton, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426,

(202)502-8040. Michael G. Henry (Legal Information), Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426,

(202)502-8532. SUPPLEMENTARY INFORMATION: Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G. Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff. Order on Technical Conference 1. This order follows up on our December 11, 2007, technical conference (Technical Conference) on interconnection queuing practices. In this order, we direct the Regional Transmission Organizations

(RTOs)and Independent System Operators

(ISOs)to file reports on the status of their efforts to improve the processing of their interconnection queues. We also provide guidance to assist the RTOs and ISOs and their stakeholders in those efforts. Background 2. The Commission issued Order No. 2003 to standardize the agreements and procedures related to the interconnection of large generating facilities. 1 We found that “[a] standard set of procedures as part of the [Open Access Transmission Tariff] for all jurisdictional transmission facilities will minimize opportunities for undue discrimination and expedite the development of new generation, while protecting reliability and ensuring that rates are just and reasonable.” 2 Key to balancing these goals was queue management procedures, including timelines that Transmission Providers 3 must use reasonable efforts to meet. 1 *Standardization of Generator Interconnection Agreements and Procedures* , Order No. 2003, FERC Stats. & Regs. ¶ 31,146 (2003), *order on reh'g* , Order No. 2003-A, FERC Stats. & Regs. ¶ 31,160, *order on reh'g* , Order No. 2003-B, FERC Stats. & Regs. ¶ 31,171 (2004), *order on reh'g* , Order No. 2003-C, FERC Stats. & Regs. ¶ 31,190 (2005), *aff'd sub nom. Nat'l Ass'n of Regulatory Util. Comm'rs* v. *FERC* , 475 F.3d 1277 (D.C. Cir. 2007), *cert. denied* , 76 U.S.L.W. 3454 (Feb. 25, 2008). *See also Standardization of Small Generator Interconnection Agreements and Procedures* , Order No. 2006, FERC Stats. & Regs. ¶ 31,180, *order on reh'g* , Order No. 2006-A, FERC Stats. & Regs. ¶ 31,196 (2005), *order granting clarification* , Order No. 2006-B, FERC Stats. & Regs. ¶ 31,221 (2006), *appeal pending sub nom. Consol. Edison Co. of N.Y., Inc.* v. *FERC* , Nos. 06-1275 ( *DC* Cir. filed July 14, 2006 and later); *Interconnection for Wind Energy* , Order No. 661, FERC Stats. & Regs. ¶ 31,186 (2005), *order on reh'g* , Order No. 661-A, FERC Stats. & Regs. ¶ 31,198 (2005). 2 Order No. 2003, FERC Stats. & Regs. ¶ 31,146 at P 11. 3 “Transmission Provider” is a defined term under Order No. 2003. *See* Standard Large Generator Interconnection Procedures (“ *pro forma* LGIP”) § 1. 3. In response to concerns about the effectiveness of queue management, the Commission held the Technical Conference. The Commission also issued a notice afterward inviting comments. 4 The speakers at the Technical Conference and the written comments confirm that some Transmission Providers are not processing their interconnection queues with the timeliness envisioned in Order No. 2003, in certain cases greatly exceeding the timelines in their tariffs. Surges in the volume of new generation development are taxing the current queue management approach in some regions. Additionally, the unprecedented demand in some regions for new types of generation, principally renewable generation, places further stress on queue management because such generation technologies can, for example, be brought online more quickly than traditional generation. Finally, some regions have capacity markets that did not exist when the current queue management approach was developed and are struggling with how to manage their queues to accommodate those new markets. 4 Notice Inviting Comments, Interconnection Queuing Practices, Docket Nos. AD08-2-000, *et al.* (Dec. 17, 2007). Discussion 4. The Commission is concerned about delays in processing interconnection queues. Although we are concerned about delays in all regions, the Technical Conference revealed that the delays are particularly significant in RTOs and ISOs that are attracting significant new entry. Many of the factors identified at the Technical Conference as contributing to delays are present for all Transmission Providers, independent and non-independent alike. For example, the need for restudy when multiple projects withdraw from a queue and the complexity of designing interconnections within a system with limited excess transmission capacity are not confined to RTOs and ISOs. All Transmission Providers should be evaluating whether changes are needed to their queue management practices to ensure the expediency called for by Order No. 2003. However, given the greater interest of new generation entrants in gaining access to RTO and ISO markets compared to other markets, the magnitude of the backlogs in RTO- and ISO-managed queues is particularly significant. 5. These backlogs not only deprive generation developers of needed business certainty, they also undermine other important public goals. As detailed by speakers at the Technical Conference, delays in interconnecting renewable generation in the footprints of the Midwest Independent Transmission System Operator, Inc. and the California Independent System Operator Corporation are creating additional challenges in meeting state renewable portfolio standards. In the ISO New England Inc. and PJM Interconnection, LLC regions, queue delays could prevent least cost resources from being available in new capacity markets auctions. 6. The Commission believes that over the long term, the improved transmission planning required under Order No. 890 5 will address some of the causes of the current interconnection queue problems. In particular, the planning reforms adopted by Order No. 890 should increase the transparency of planning information to all customers, increase coordination among transmission owners in each region, and otherwise result in a more robust transmission system. These improvements, in turn, should enable developers to make fewer, more tailored interconnection requests and make it easier to interconnect with the transmission system. However, while the efforts currently under way to comply with Order No. 890 hold promise for the long-term processing of interconnection queues, we cannot afford to wait until those efforts are completed to address the queue management problem. 5 *Preventing Undue Discrimination and Preference in Transmission Service* , Order No. 890, 72 FR 12,266 (Mar. 15, 2007), FERC Stats. & Regs. ¶ 31,241 (2007), *order on reh'g* , Order No. 890-A, 73 *FR* 2984 (Jan. 16, 2008), FERC Stats. & Regs. ¶ 31, 261 (2007). 7. We note in particular the comments of the ISO/RTO Council on the scope and nature of the interconnection queue problems facing ISOs and RTOs. According to the ISO/RTO Council, the queue backlog has increased in many of the ISOs and RTOs because of the significant new entry that is occurring. The ISO/RTO Council states that prompt action is necessary to address these problems; however, the Council urges that the Commission allow each region to develop solutions that are tailored to its specific circumstances and contends that stakeholder processes to discuss reforms are already underway in several regions. 8. While the Commission could take action to impose solutions, and may need to do so if the RTOs and ISOs do not act themselves, we agree that we should allow each region the opportunity to propose its own solution. Although there are some common issues affecting all the regions, there are also significant differences in the nature and scope of the problem from region to region; there may, therefore, be no one right answer for how to improve queue management. Further, any solution involves a balancing of interests. Therefore, we urge the RTOs and ISOs to work with their stakeholders to develop consensus proposals. 9. While each of the RTOs and ISOs represented at the conference indicated that it was evaluating its queue management, the RTOs and ISOs and their stakeholders must proceed more quickly, and the Commission intends to monitor their efforts. Thus, we direct each RTO and ISO to file a status report with the Commission within 30 days of the date of this order. 6 The report must describe the current size of the RTO's or ISO's interconnection queue (i.e., number of pending interconnection requests and total megawatts represented by those requests), the current projected timeframes for processing pending interconnection requests, and the nature and extent of any problems that have led to any such queue backlogs, including a discussion of how clustering has or has not alleviated those problems. The report must also explain the status of stakeholder discussions on queue reform and provide a schedule for selecting and implementing any necessary reforms, including a target date for filing any necessary tariff amendments or waivers. To assist stakeholders in their deliberations, we offer the guidance set forth below. 6 The reports will be noticed and subject to public comment. 10. The reforms that can be implemented most quickly from a regulatory standpoint are those that do not require any revisions to an RTO's or ISO's current tariff. For example, no Commission filings are needed to increase the staff available to work on interconnection studies or adopt more efficient modeling for feasibility studies or system impact studies. Similarly, each of the RTO and ISO tariffs already provide an option for performing a single system impact study for a cluster of interconnection requests, so no further Commission filings would be necessary to take full advantage of the existing flexibility to cluster. Therefore, we urge the RTOs and ISOs when evaluating ways to improve their queue processing first to consider whether they have taken all effective steps under their current tariffs. 11. While there likely are reforms that can be implemented without the need for Commission filings, more may need to be done. Reforms necessitating tariff changes come in two forms:

(1)Reforms that apply to future interconnection requests as well as existing interconnection requests that are still at an early stage in the interconnection process; and

(2)reforms that affect existing interconnection requests that are in later stages of the process. The issues raised by these two classes of reforms may well differ. 12. With regard to reforms applicable to future and early-stage existing interconnection requests, we note that Order No. 2003 authorizes a number of options to streamline the interconnection process. For example, Order No. 2003 already allows for the feasibility study to be combined with the system impact study at the request of the customer. 7 Order No. 2003 permits Transmission Providers who perform system impact studies on a clustered basis to allocate the cost of common upgrades to members of a cluster without regard to queue position. 8 Further, Order No. 2003 authorizes the use of third party consultants to conduct interconnection studies. 9 When considering tariff changes applicable to future and early-stage existing interconnection requests, the RTOs and ISOs should first consider whether their current tariffs use all of the streamlining options already explicitly sanctioned under Order No. 2003. 7 *Pro forma* LGIP § 6.1. 8 *Id.* § 4.2. 9 *Id.* § 13.4. 13. If an RTO or ISO concludes that the options already identified in Order No. 2003 are inadequate to address its queue problems, it may consider proposing variations from Order No. 2003. Because RTOs and ISOs do not own generation and thus do not have an incentive to unduly discriminate, variations sought by an RTO or ISO are reviewed under the “independent entity variation standard.” This standard allows independent Transmission Providers flexibility in designing their interconnection procedures to accommodate regional needs. 10 10 Order No. 2003 at P 822-27; Order No. 2003-A at P 759. An RTO or ISO proposing a variation must demonstrate that the variation is just and reasonable and not unduly discriminatory, and would accomplish the purposes of Order No. 2003. *See, e.g., PJM Interconnection, LLC.* , 108 FERC ¶ 61,025, at P 7

(2004)(“[W]hen an RTO is the filing entity, the Commission will review the proposed variations to ensure that they do not provide an unwarranted opportunity for undue discrimination or produce an interconnection process that is unjust and unreasonable.”), *order denying reh'g* , 110 FERC ¶ 61,099 (2005); and *Midwest Indep. Transmission Sys. Operator, Inc.* , 117 FERC ¶ 61,128 (2006), *order on reh'g* , 119 FERC ¶ 61,097, at P 7

(2007)(rejecting a proposed pricing variation because the RTO “had not shown that the proposal would accomplish the purposes Order No. 2003 set forth as possible justifications for this type of pricing”). 14. The Commission recognizes that the business of developing generation is very dynamic and requires the coordination of a whole host of factors beyond interconnection, many of which are outside the full control of the developer. In the absence of alternative sources of information about available transmission capacity, the interconnection-related study process may be the only reliable vehicle a customer has to evaluate the merits of different interconnection points and configurations. Thus, it is critical that reforms applicable to future and early-stage existing interconnection requests provide customers with enough flexibility and information to respond to business uncertainties. At the same time, the Commission realizes that the actions of one party in the queue can affect the interests of other parties in the queue. Thus, there needs to be a way to prioritize the processing of requests on a fair basis and to ensure that the flexibility for individual generators does not undermine the certainty and speed needed for the queue as a whole. 15. Order No. 2003 struck a balance by establishing that material modifications to an interconnection request will result in loss of queue position, while allowing a customer to make multiple interconnection requests for the same basic project, if it makes a relatively modest demonstration that it is serious about the project. These requests are then processed and allocated costs on a first-come, first-served basis. 11 While this approach made good sense at the time Order No. 2003 was issued and still works well in many situations, it has led to some unexpected consequences, particularly in transmission systems with numerous interconnection customers and limited excess transmission capacity. In markets with numerous interconnection customers, many of those customers may be competing for the same load, and not all will be needed. Further, in systems with limited excess transmission capacity, the first-come, first-served approach to cost allocation can result in great disparities between the costs faced by the customer whose request happens to trigger the need for a network upgrade as opposed to those in lower queue positions. Moreover, the relatively small deposit amounts, coupled with the incentives produced by a first-come, first-served approach to allocating capacity, provides an incentive for developers to secure a place in the queue even for projects that may not be commercially viable. These and other factors can result in large numbers of interconnection requests being ultimately withdrawn, which in turn slows down the process by necessitating more study and restudy. While the Commission is open to considering a range of possible variations from Order No. 2003 with regard to future and early-stage existing interconnection requests, we believe that there are three types of variations that, individually or in combination, hold particular promise for speeding up queue processing while remaining faithful to the goals of Order No. 2003. 11 As noted above, Order No. 2003 did allow for some flexibility in the first-come, first-served approach where a Transmission Provider performs a single system impact study for a cluster of interconnection requests. 16. First, it may be appropriate to increase the requirements for getting and keeping a queue position. For example, it may be appropriate to increase the amount of the deposits required at the different stages of the process to more accurately reflect the cost of the necessary studies. Such a change would not only be consistent with traditional ratemaking principles, but would also increase the likelihood that only projects that are likely to be commercially viable (and hence willing to commit to the cost of such studies in advance) are in the queue. Such a change also would likely reduce the number of multiple interconnection requests made by the same customer for the purpose of speculating on the cost impacts of different locations. However, as discussed above, multiple requests for a single project can result from a legitimate desire to evaluate the merits of different interconnection points and configurations without having to go to the back of the queue. Therefore, the more stringent the requirements, the more important it is to ensure that customers have access to alternative sources of reliable information about available transmission capacity to help them tailor their interconnection requests more narrowly toward a single acceptable interconnection configuration. Further, the RTOs and ISOs should address the impact of any increases in the requirements on smaller customers or any other class of interconnection customers. 17. Second, elimination of the feasibility study as a separate step could reduce processing time without harming interconnection customers. Under Order No. 2003, the feasibility study is intended, in part, to provide preliminary information to assist developers in deciding whether it is even worth their while to pursue more detailed interconnection studies. Elimination of a separate feasibility study could streamline the study process and could reduce interconnection requests by screening out those customers who are not willing to pay the higher deposit required for a system impact study. However, elimination of a feasibility study phase, like increased requirements to obtain and retain a queue position, creates a greater need to develop alternative mechanisms through which customers can gather the information necessary to more narrowly tailor their interconnection requests toward a final acceptable configuration. 18. Third, there may be approaches to prioritizing queue processing that provide protection against discrimination comparable to the first-come, first-served approach, but that are more efficient. For example, there may be merit in a first-ready, first-served approach, whereby customers who demonstrate the greatest ability to move forward with project development are processed first. Further, the Commission is open to considering methods of clustering other than that provided in Order No. 2003. Order No. 2003's approach to clustering is fundamentally based on a first-come, first-served paradigm, as clusters are limited to requests filed within the same time frame, not to exceed 180 days. 12 Clustering that takes into account factors other than proximity of filing date may allow for more efficient studies and we are open to reviewing such proposals. 12 *See pro forma* LGIP § 4.2. *But see id* . § 4.1 (allowing allocation of cost of common upgrades for clustered interconnection requests without regard to queue position). 19. We note that reforms that would affect existing interconnection requests that are in later stages of the process create special circumstances that require careful consideration. Unlike reforms applicable to future and early-stage existing interconnection requests, any such reforms could significantly disrupt the activities of customers who may have taken action in reliance upon the existing process. Reforms of this sort could take the form of a filing to make generic revisions to the tariff, filings to modify individual interconnection-related agreements, or a request for a one-time waiver of the tariff. 13 These reforms could change both the timing and the cost allocation for a customer. Some customers may experience an overall benefit from a particular reform, while others may be disadvantaged by a reform. In still other cases, perhaps the majority, the difference between continued processing under the existing tariff provisions and processing under a reformed process may be speculative, including as to ultimate timing and cost allocation. In those cases, we would expect proponents of reform to have an easier time justifying such reform. 14 Whether and how a particular reform should apply to a late-stage request will depend on the specific facts. The Commission is open to considering such reforms. Further, while such reforms do pose more difficult issues than reforms applicable to future and early-stage existing requests, the Commission recognizes that they may be necessary in order to resolve current backlogs. 13 *See, e.g., Midwest Indep. Transmission Sys. Operator, Inc.* , 117 FERC ¶ 61,128 (2006), *order on reh'g* , 119 FERC ¶ 61,097

(2007)(rejecting as unsupported proposed tariff amendments applicable to existing interconnection agreements but without prejudice to future filings to revise individual interconnection agreements); and *Cal. Indep. Sys. Operator Corp.* , 118 FERC ¶ 61,226, *order on clarification* , 120 FERC ¶ 61,180

(2007)(granting one-time waiver of procedures for conducting clustered system impact studies despite application to protestor who had already undergone a system impact study). 14 *See, e.g., New York Indep. Sys. Operator, Inc.* , 114 FERC ¶ 61,207

(2006)(granting one-time waiver of interconnection procedure noting that protestor's claim that it would incur higher costs due to potential loss of its queue position was speculative). *The Commission orders:* The RTOs and ISOs are hereby directed to file reports as discussed in the body of this order within 30 days of the date of this order. By the Commission. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E8-6606 Filed 4-2-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-685-000] TransCanada Maine Wind Development Inc.; Notice of Filing March 27, 2008. Take notice that on March 17, 2008, TransCanada Maine Wind Development Inc submitted for filing an application for authorization to make wholesale sales of energy and capacity at negotiated, market-based rates. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on April 7, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-6863 Filed 4-2-08; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8550-7] Meeting of the Mobile Sources Technical Review Subcommittee AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of meeting. SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-463, notice is hereby given that the Mobile Sources Technical Review Subcommittee (MSTRS) will meet in May 2008. The MSTRS is a subcommittee under the Clean Air Act Advisory Committee. This is an open meeting. The meeting will include discussion of current topics and presentations about activities being conducted by EPA's Office of Transportation and Air Quality. The preliminary agenda for the meeting and any notices about change in venue will be posted on the Subcommittee's Web site: *http://www.epa.gov/air/caaac/mobile_sources.html* . MSTRS listserver subscribers will receive notification when the agenda is available on the Subcommittee Web site. To subscribe to the MSTRS listserver, send a blank e-mail to *lists-mstrs@lists.epa.gov.* DATES: Thursday, May 8, 2008 from 9 a.m. to 5 p.m. Registration begins at 8:30 a.m. ADDRESSES: The meeting will be held at the Doubletree Hotel Crystal City-National Airport, 300 Army Navy Drive, Arlington, VA 22202-2891. Phone 703-416-4100. The hotel is located three blocks from the Pentagon City Metro station, and shuttle buses are available to and from both the Metro station and Washington Reagan National Airport. FOR FURTHER INFORMATION CONTACT: *For technical information:* John Guy, Designated Federal Officer, Transportation and Regional Programs Division, Mailcode 6405J, U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460; Ph: 202-343-9276; e-mail: *guy.john@epa.gov.* *For logistical and administrative information:* Ms. Cheryl Jackson, U.S. EPA, Transportation and Regional Programs Division, Mailcode 6405J, U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 202-343-4653; e-mail: *jackson.cheryl@epa.gov.* Background on the work of the Subcommittee is available at: *http://www.epa.gov/air/caaac/mobile_sources.html* . Individuals or organizations wishing to provide comments to the Subcommittee should submit them to Mr. Guy at the address above by April 24, 2008. The Subcommittee expects that public statements presented at its meetings will not be repetitive of previously submitted oral or written statements. SUPPLEMENTARY INFORMATION: During the meeting, the Subcommittee may also hear progress reports from some of its workgroups as well as updates and announcements on activities of general interest to attendees. *For Individuals With Disabilities:* For information on access or services for individuals with disabilities, please contact Mr. Guy or Ms. Jackson (see above). To request accommodation of a disability, please contact Mr. Guy or Ms. Jackson, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request. Dated: March 28, 2008. Margo Tsirigotis Oge, Director, Office of Transportation and Air Quality. [FR Doc. E8-6916 Filed 4-2-08; 8:45 am] BILLING CODE 6560-50-P FEDERAL ACCOUNTING STANDARDS ADVISORY BOARD Notice of Concepts Statement Exposure Draft Distinguishing Basic Information, Required Supplementary Information, and Other Accompanying Information and Scheduled Meeting Dates for 2009 *Board Action:* Pursuant to 31 U.S.C. 3511(d), the Federal Advisory Committee Act (Pub. L. 92-463), as amended, and the FASAB Rules of Procedure, as amended in April, 2004, notice is hereby given that the Federal Accounting Standards Advisory Board (FASAB) has issued a Concepts Statement Exposure Draft, *Distinguishing Basic Information, Required Supplementary Information, and Other Accompanying Information* . The Concepts Statement Exposure Draft proposes amendments to Statement of Federal Financial Accounting Concepts 2, *Entity and Display* , to provide conceptual guidance for determining how information in financial reports should be categorized. The Concepts Statement Exposure Draft is available on the FASAB home page *http://www.fasab.gov/exposure.html* . Copies can be obtained by contacting FASAB at

(202)512-7350. Respondents are encouraged to comment on any part of the exposure draft. Written comments are requested by June 26th, 2008, and should be sent to: Wendy M. Payne, Executive Director, Federal Accounting Standards Advisory Board, 441 G Street, NW., Suite 6814, Mail Stop 6K17V, Washington, DC 20548. Notice is also given that the FASAB will meet on the following dates in room 7C13 of the U.S. Government Accountability Office

(GAO)Building (441 G Street, NW.) unless otherwise noted: —Wednesday and Thursday, February 25 and 26, 2009. —Wednesday and Thursday, April 22 and 23, 2009. —Wednesday and Thursday, June 17 and 18, 2009. —Wednesday and Thursday, August 26 and 27, 2009. —Wednesday and Thursday, October 21 and 22, 2009. —Wednesday and Thursday, December 16 and 17, 2009. The purposes of the meetings are to discuss issues related to: —FASAB's conceptual framework. —Stewardship Reporting. —Social Insurance. —Natural Resources. —Technical Agenda. —Any other topics as needed. A more detailed agenda can be obtained from the FASAB Web site ( *http://www.fasab.gov* ) one week prior to each meeting. Any interested person may attend the meetings as an observer. Board discussion and reviews are open to the public. GAO Building Security requires advance notice of your attendance. Please notify FASAB of your planned attendance by calling 202-512-7350 at least one day prior to the respective meeting. FOR FURTHER INFORMATION CONTACT: Wendy Payne, Executive Director, 441 G Street, NW., Washington, DC 20548, or call

(202)512-7350. Authority: Federal Advisory Committee Act, Pub. L. 92-463. Dated: March 29, 2008. Charles Jackson, Federal Register Liaison Officer. [FR Doc. E8-6809 Filed 4-2-08; 8:45 am] BILLING CODE 1610-01-M FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority, Comments Requested March 26, 2008. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501-3520. An agency may not conduct or sponsor a collection of information unless it displays a current valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid control number. Comments are requested concerning:

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

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

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

(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written PRA comments should be submitted on or before June 2, 2008. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: You may submit all PRA comments by e-mail or U.S. mail. To submit your comments by e-mail, send them to *PRA@fcc.gov.* To submit your comments by U.S. mail, send them to Leslie F. Smith, Federal Communications Commission, Room 1-C216, 445 12th Street, SW., Washington, DC 20554, or via the Internet to *PRA@fcc.gov.* FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s), contact Leslie F. Smith via the Internet at *PRA@fcc.gov* or call

(202)418-0217. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-1083. *Title:* Request to Update Default Compensation Rate for Dial-Around Calls From Payphones, WC Docket No. 03-225. *Form Number:* N/A. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for profit. *Number of Respondents and Responses:* 10 respondents; 10 responses. *Estimated Time per Response:* 100 hours. *Obligation to Respond:* Voluntary. *Frequency of Response:* One time reporting requirement. *Total Annual Burden:* 1,000 hours. *Annual Cost Burden:* $53,000. *Privacy Act Impact Assessment:* No impacts. *Nature of Extent of Confidentiality:* The Commission is not requesting that the respondents submit confidential information to the FCC. Respondents may, however, request confidential treatment for information they believe to be confidential under 47 CFR 0.459 of the Commission's rules. *Needs and Uses:* Pursuant to Section 276(b)(1)(A) of the Act, the Commission is required to ensure that all payphone service providers are fairly compensated. In order to calculate fair compensation for the payphones that are not supported by Flex ANI, the Commission must obtain monthly payphone call volume data. Once the impacted entities (primarily the Regional Bell Operating Companies and the large interexchange companies) submit this data, the Commission will calculate an average monthly call volume as one of the key inputs required to establish per-payphone monthly compensation. Federal Communications Commission. William F Caton, Deputy Secretary. [FR Doc. E8-6663 Filed 4-2-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority, Comments Requested March 27, 2008. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act

(PRA)that does not display a valid control number. Comments are requested concerning

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

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

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

(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Persons wishing to comment on this information collection should submit comments June 2, 2008. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget (OMB),

(202)395-5887, or via fax at 202-395-5167, or via the Internet at *Nicholas_A._Fraser@omb.eop.gov* and to *Judith-B.Herman@fcc.gov,* Federal Communications Commission (FCC). To submit your comments by e-mail send them to: *PRA@fcc.gov.* To view a copy of this information collection request

(ICR)submitted to OMB:

(1)Go to the Web page *http://www.reginfo.gov/public/do/PRAMain,*

(2)look for the section of the Web page called “Currently Under Review”,

(3)click the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading,

(4)select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box,

(5)click the “Submit” button to the right of the “Select Agency” box and

(6)when the list of FCC ICRs currently under review appears, look for the title of this ICR (or its OMB Control Number, if there is one) and then click on the ICR Reference Number to view detailed information about this ICR. FOR FURTHER INFORMATION CONTACT: For additional information, send an e-mail to Judith B. Herman at 202-418-0214. SUPPLEMENTARY INFORMATION: *OMB Control No.:* 3060-0053. *Title:* Application for Consent to Transfer Control of Corporation Holding Stations License. *Form No.:* FCC Form 703. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit, not-for-profit institutions and state, local or tribal government. *Number of Respondents:* 40 respondents; 40 responses. *Estimated Time per Response:* 36 minutes. *Frequency of Response:* On occasion reporting requirement and third party disclosure requirement. *Obligation to Respond:* Required to obtain or retain benefits. *Total Annual Burden:* 24 hours. *Annual Cost Burden:* $2,400. *Privacy Act Impact Assessment:* N/A. *Nature and Extent of Confidentiality:* Applicants may request that information be withheld from public inspection pursuant to 47 CFR 0.459 of the Commission's rules. The request must be justified pursuant to 47 CFR 0.457. *Needs and Uses:* This collection will be submitted as an extension (no change in reporting or third party disclosure requirements) after this 60 day comment period to Office of Management and Budget

(OMB)in order to obtain the full three year clearance. However, the regulatory fee has increased to $60.00 per application (a $5.00 increase since the last submission to the OMB). Mandatory electronic filing of applications for Experimental Radio licenses, including FCC Form 703, commenced on January 1, 2004. Applicants for Experimental Radio Services are required by 47 CFR 5.59(e) of the Commission's rules to submit FCC Form 703 when they propose to change the control of a corporation holding a station license via a transfer of stock ownership or control of a station. The Commission uses the information to determine the eligibility for licenses, without which, violations of ownership regulations may occur. *OMB Control No.:* 3060-0068. *Title:* Application for Consent to Assign an Experimental Authorization. *Form No.:* FCC Form 702. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit and not-for-profit institutions. *Number of Respondents:* 10 respondents; 10 responses. *Estimated Time per Response:* 36 minutes. *Frequency of Response:* On occasion reporting requirement and third party disclosure requirement. *Obligation to Respond:* Required to obtain or retain benefits. *Total Annual Burden:* 6 hours. *Annual Cost Burden:* $600. *Privacy Act Impact Assessment:* N/A. *Nature and Extent of Confidentiality:* Applicants may request that information be withheld from public inspection pursuant to 47 CFR 0.459 of the Commission's rules. The request must be justified pursuant to 47 CFR 0.457. *Needs and Uses:* This collection will be submitted as an extension (no change in reporting requirements) after this 60 day comment period to Office of Management and Budget

(OMB)in order to obtain the full three year clearance. Mandatory electronic filing of applications for Experimental Radio licenses, including FCC Form 702, commenced on January 1, 2004. Applicants for Experimental Radio Services are required by 47 CFR 5.59(d) of the Commission's rules to submit FCC Form 702 when the legal right to control the use and operation of a station is to be transferred, as a result of a voluntary act (contract or other agreement); of an involuntary act (death or legal disability) of the grantee of a station authorization; by involuntary assignment of the physical property constituting the station under a court decree in bankruptcy proceedings or other court order; or by operation of law in any other manner. The regulatory fee has increased to $60.00 per application (an increase of $5.00 since the last submission to the OMB). Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-6937 Filed 4-2-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested March 31, 2008. SUMMARY: As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act

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

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

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

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

(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. An agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid OMB control number. DATES: Written PRA comments should be submitted on or before June 2, 2008. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: You may submit all PRA comments by e-mail or U.S. post mail. To submit your comments by e-mail, send them to *PRA@fcc.gov.* To submit your comments by U.S. mail, mark them to the attention of Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s), contact Cathy Williams at

(202)418-2918 or send an e-mail to *PRA@fcc.gov.* SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-1115. *Title:* DTV Consumer Education Initiative; Sections 15.124, 27.20, 54.418, 73.674, and 76.1630. *Form Number:* FCC Form 388. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit entities; not-for-profit institutions, State, local or tribal governments. *Number of Respondent:* 11,022 respondents. *Estimated time per Response:* 1 minute-3 hours. *Frequency of Response:* On occasion reporting requirement; Quarterly reporting requirement; Monthly reporting requirement; Third party disclosure requirement. *Obligation to Respond:* Required to obtain benefits—Statutory authority for this collection of information is contained in sections 4(i), 303(r), 335, and 336 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), 335, and 336. *Total Annual Burden:* 156,069 hours. *Total Annual Cost:* None. *Nature of Response:* Required to obtain or retain benefits. *Confidentiality:* No need for confidentiality required. *Privacy Impact Assessment:* No impact(s). *Needs and Uses:* The Commission adopted on February 19, 2008, a Report and Order, *In the Matter DTV Consumer Education Initiative,* MB Docket 07-148, FCC 08-56. As the Nation transitions from analog broadcast television service to digital broadcast television service, the Commission has been committed to working with representatives from industry, public interest groups, and Congress to make the significant benefits of digital broadcasting available to the public. The digital transition will make valuable spectrum available for both public safety uses and expanded wireless competition and innovation. By compressing television broadcasting into a smaller amount of the available spectrum, the digital transition has allowed the Commission to make valuable 700 MHz spectrum available for sale and use by wireless companies and public safety organizations. The transition will also provide consumers with better quality television picture and sound, and make new services available through multicasting. These innovations, however, are dependent upon widespread consumer understanding of the benefits and mechanics of the transition. The Congressional decision to establish a hard deadline of February 17, 2009, for the end of full-power analog broadcasting has made consumer awareness even more critical. In this Order, the Commission imposes the following information and disclosure requirements:

(a)Broadcaster Education and Reporting (47 CFR 73.674).

(i)On-air Education. Broadcasters must provide on-air DTV Transition consumer education information (e.g., via Public Service Announcements

(PSAs)or information crawls) to their viewers. Broadcasters must comply with one of three alternative sets of rules as provided in the Report and Order.

(ii)DTV Consumer Education Quarterly Activity Report, FCC Form 388. Broadcasters must electronically file a report about its DTV Transition consumer education efforts to the Commission on a quarterly basis. Broadcasters must begin filing these quarterly reports no later than April 10, 2008. In addition, if the broadcaster has a public Web site, they must post these reports on that Web site.

(b)Multichannel Video Programming Distributor

(MVPD)Customer Bill Notices (47 CFR 76.1630). MVPDs, which include, for example (and are not limited to), cable operators, direct broadcast satellite

(DBS)carriers, open video system operators, and private cable operators, must provide monthly notices about the DTV transition in their customer billing statements.

(c)Consumer Electronics Manufacturer Notices (47 CFR 15.124). Parties that manufacture, import, or ship interstate television receivers and devices designed to work with television receivers must provide notice to consumers of the transition's impact on that equipment. This information must be included with all devices shipped, beginning on the effective date of these rules, until March 31, 2009.

(d)DTV.gov Partner Consumer Education Reporting. DTV.gov Transition Partners must report their consumer education efforts, as a condition of continuing Partner status. They must begin filing these quarterly reports no later than April 10, 2008.

(e)Eligible telecommunications carriers

(ETCs)Federal Universal Service Low-Income Program Participant Notices (47 CFR 54.418). ETCs that receive federal universal service funds must provide monthly notice of the transition to their low income customers and potential customers. This information must be provided beginning on the effective date of these rules, until March 31, 2009.

(f)700 MHz Auction Winner Consumer Education Reporting (47 CFR 27.20). Winners of the 700 MHz spectrum auction must report their consumer education efforts to the Commission on a quarterly basis. These parties must file the first by the tenth day of the first calendar quarter following the initial grant of the license authorization that the entity holds. *OMB Control Number:* 3060-0214. *Title:* Sections 73.3526 and 73.3527, Local Public Inspection Files; Sections 76.1701 and 73.1943, Political Files. *Form Number:* Not applicable. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit entities; Not for-profit institutions. *Number of Respondent:* 52,285 respondents. *Estimated time per Response:* 2.5-109 hours. *Frequency of Response:* Recordkeeping requirement; Third party disclosure requirement. *Obligation to Respond:* Required to obtain benefits—Statutory authority for this collection of information is contained in sections 154(i), 303 and 308 of the Communications Act of 1934, as amended. *Total Annual Burden:* 1,831,706 hours. *Total Annual Cost:* None. *Nature of Response:* Required to obtain or retain benefits. *Confidentiality:* No need for confidentiality required. *Privacy Impact Assessment:* No impact(s). *Needs and Uses:* The Commission adopted on February 19, 2008, a Report and Order, *In the Matter DTV Consumer Education Initiative,* MB Docket 07-148, FCC 08-56. The Report and Order adds a new recordkeeping requirement for full-power commercial and noncommercial educational TV broadcast stations (both analog and digital) for the contents of their public inspection files. Specifically, the rule requires these stations to retain in their public inspection file a copy of their DTV Consumer Education Quarterly Activity Report, FCC Form 388, on a quarterly basis. The Report for each quarter is to be placed in the public inspection file by the tenth day of the succeeding calendar quarter. These Reports shall be retained in the public inspection file for one year. Broadcasters shall publicize in an appropriate manner the existence and location of these Reports. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-6938 Filed 4-2-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Approved by the Office of Management and Budget March 28, 2008. SUMMARY: The Federal Communications Commission has received Office of Management and Budget

(OMB)approval for the following public information collection(s) pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). An agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number, and no person is required to respond to a collection of information unless it displays a currently valid OMB control number. Comments concerning the accuracy of the burden estimate(s) and any suggestions for reducing the burden should be directed to the person listed in the FOR FURTHER INFORMATION CONTACT section below. FOR FURTHER INFORMATION CONTACT: For additional information contact Cathy Williams via the internet at *PRA@fcc.gov* or by phone on

(202)418-2918. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-1115. *OMB Approval Date:* March 27, 2008. *Expiration Date:* September 30, 2008. *Title:* DTV Consumer Education Initiative, Sections 15.124, 27.20, 54.418, 73.674 and 76.1630. *Form No.:* FCC Form 388. *Estimated Annual Burden:* 70,026 responses; 0.5 hours-85 hours per response; 156,069 hours total per year. *Obligation to Respond:* Required to retain or obtain benefits; statutory authority for this collection of information is contained in sections 4(i), 303(r), 335, and 336, of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), 335, and 336. *Nature and Extent of Confidentiality:* There is no need for confidentiality. *Needs and Uses:* The Commission adopted on February 19, 2008, a Report and Order, *In the Matter DTV Consumer Education Initiative,* MB Docket 07-148, FCC 08-56. As the Nation transitions from analog broadcast television service to digital broadcast television service, the Commission has been committed to working with representatives from industry, public interest groups, and Congress to make the significant benefits of digital broadcasting available to the public. The digital transition will make valuable spectrum available for both public safety uses and expanded wireless competition and innovation. By compressing television broadcasting into a smaller amount of the available spectrum, the digital transition has allowed the Commission to make valuable 700 MHz spectrum available for sale and use by wireless companies and public safety organizations. The transition will also provide consumers with better quality television picture and sound, and make new services available through multicasting. These innovations, however, are dependent upon widespread consumer understanding of the benefits and mechanics of the transition. The Congressional decision to establish a hard deadline of February 17, 2009, for the end of full-power analog broadcasting has made consumer awareness even more critical. In this Order, the Commission imposes the following information and disclosure requirements:

(a)Broadcaster Education and Reporting (47 CFR 73.674).

(i)On-air Education. Broadcasters must provide on-air DTV Transition consumer education information (e.g., via Public Service Announcements

(PSAs)or information crawls) to their viewers. Broadcasters must comply with one of three alternative sets of rules as provided in the Report and Order.

(b)Multichannel Video Programming Distributor

(MVPD)Customer Bill Notices (47 CFR 76.1630). MVPDs, which include, for example (and are not limited to), cable operators, direct broadcast satellite

(DBS)carriers, open video system operators, and private cable operators, must provide monthly notices about the DTV transition in their customer billing statements.

(e)Eligible telecommunications carriers

(f)700 MHz Auction Winner Consumer Education Reporting (47 CFR 27.20). Winners of the 700 MHz spectrum auction must report their consumer education efforts to the Commission on a quarterly basis. These parties must file the first by the tenth day of the first calendar quarter following the initial grant of the license authorization that the entity holds. *OMB Control Number:* 3060-0214. *OMB Approval Date:* March 27, 2008. *Expiration Date:* September 30, 2008. *Title:* Sections 73.3526 and 73.3527, Local Public Inspection Files; sections 76.1701 and 73.1943, Political Files. *Form No.:* Not applicable. *Estimated Annual Burden:* 52,285 responses; 2.5 hours-109 hours per response; 1,831,706 hours total per year. *Obligation to Respond:* Required to retain or obtain benefits; statutory authority for this collection of information is contained in 154(i), 303, and 308 of the Communications Act of 1934. *Nature and Extent of Confidentiality:* There is no need for confidentiality. *Needs and Uses:* The Commission adopted on February 19, 2008, a Report and Order, *In the Matter DTV Consumer Education Initiative,* MB Docket 07-148, FCC 08-56. The Report and Order adds a new recordkeeping requirement for full-power commercial and noncommercial educational TV broadcast stations (both analog and digital) for the contents of their public inspection files. Specifically, the rule requires these stations to retain in their public inspection file a copy of their DTV Consumer Education Quarterly Activity Report, FCC Form 388, on a quarterly basis. The Report for each quarter is to be placed in the public inspection file by the tenth day of the succeeding calendar quarter. These Reports shall be retained in the public inspection file for one year. Broadcasters shall publicize in an appropriate manner the existence and location of these Reports. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-6940 Filed 4-2-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [Report No. AUC-08-77-A (Auction 77); DA 08-543; AU Docket No. 08-32] Closed Auction of Licenses for Cellular Unserved Service Areas Scheduled for June 17, 2008; Comment Sought on Competitive Bidding Procedures for Auction 77 AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: This document announces the auction of licenses for Cellular Unserved Service Areas, with bidding scheduled to commence on June 17, 2008 (Auction 77). This document also seeks comments on competitive bidding procedures for Auction 77. DATES: Comments are due on or before April 4, 2008, and reply comments are due on or before April 11, 2008. ADDRESSES: Comments and reply comments must be identified by AU Docket No. 08-32; DA 08-543. Comments may be filed electronically using the Internet by accessing the Federal Communications Commission's (Commission) Electronic Comment Filing System

(ECFS)at *http://www.fcc.gov/cgb/ecfs* . Filers should follow the instructions provided on the Web site for submitting comments. The Wireless Telecommunications Bureau (Bureau) requests that a copy of all comments and reply comments be submitted electronically to the following address: *auction77@fcc.gov* . In addition, comments and reply comments may be submitted by any of the following methods: • *Paper Filers:* Parties who choose to file by paper must file an original and four copies of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although the Bureau continues to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission's Secretary, Attn: WTB/ASAD, Office of the Secretary, Federal Communications Commission. • The Commission's contractor will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 p.m. Eastern Time (ET). All hand deliveries must be held together with rubber bands or fasteners. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. • U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12th Street, SW., Washington, DC 20554. • *People with Disabilities:* Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by e-mail: *FCC504@fcc.gov* or telephone: 202-418-0530 or TTY: 202-418-0432. FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau, Auctions and Spectrum Access Division: For auction legal questions: Sayuri Rajapakse at

(202)418-0660. For general auction questions: Roy Knowles or Barbara Sibert at

(717)338-2868. Mobility Division: For service rule questions: Erin McGrath (legal) or Gabriel Ubieta (technical) at

(202)418-0620. SUPPLEMENTARY INFORMATION: This is a summary of the Auction 77 Comment Public Notice released on March 21, 2008. The complete text of the Auction 77 Comment Public Notice, including Attachment A, and related Commission documents, are available for public inspection and copying from 8 a.m. to 4:30 p.m. ET Monday through Thursday or from 8 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information Center, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. The Auction 77 Comment Public Notice and related Commission documents also may be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc. (BCPI), 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 202-488-5300, facsimile 202-488-5563, or you may contact BCPI at its Web site: *http://www.BCPIWEB.com* . When ordering documents from BCPI, please provide the appropriate FCC document number, for example, DA 08-543. The Auction 77 Comment Public Notice and related documents also are available on the Internet at the Commission's Web site: *http://wireless.fcc.gov/auctions/77/* , or by using the search function on the ECFS Web page at *http://www.fcc.gov/cgb/ecfs/* . I. Licenses To Be Offered in Auction 77 1. By the Auction 77 Comment Public Notice, the Bureau announces an auction of licenses to provide cellular service in two different unserved areas (Auction 77), with bidding scheduled to commence on June 17, 2008. The spectrum to be auctioned is the subject of two groups of pending mutually exclusive long-form applications (FCC Forms 601) for unserved area licenses in the Cellular Radiotelephone Service. Participation in Auction 77 will be limited to those applicants identified in Attachment A of the Auction 77 Comment Public Notice. Licenses will be auctioned for each mutually exclusive applicant group (MX Group) identified in Attachment A of the Auction 77 Comment Public Notice. The winning bidder in each group will be licensed to serve only the unserved area proposed in its long-form application(s) for that MX Group. 2. In MX Group FGN001, one of the applicants, E.N.M.R. Telephone Cooperative (ENMR), has filed two applications that propose different Cellular Geographic Service Areas (CGSAs). ENMR was required by the Commission's rules to file two separate applications for these CGSAs. Because ENMR's applications are not mutually exclusive with each other, but each of these applications is mutually exclusive with the competing applicant in the MX Group, if ENMR qualifies to bid in the auction, it will submit one bid for the opportunity to have both of its applications processed in the event that it is the winning bidder in MX Group FGN001. II. Bureau Seeks Comment on Auction Procedures 3. Consistent with the provisions of 47 U.S.C. 309(j)(3), the Bureau seeks comment on the following issues relating to Auction 77. A. Auction Design i. Single-Round Sealed-Bid Auction Design 4. The Bureau proposes to award the licenses included in Auction 77 using a single-round sealed-bid auction. The Bureau proposes to use the single-round format because the informational advantages of a simultaneous multiple-round auction are not necessary here. Because a bidder can only bid on a single cellular unserved area, bidders do not need the information afforded by a simultaneous multiple-round auction to consider valuations, alternative business plans, or backup strategies. The Bureau seeks comment on this proposal. B. Auction Structure i. Round Structure 5. The Commission will conduct Auction 77 over the Internet, and telephonic bidding will be available as well. The toll-free telephone number for the Auction Bidder Line will be provided to qualified bidders. The start and finish time of the bidding round will be announced in a public notice to be released at least one week before the start of the auction. 6. The single-round sealed-bid format will consist of one bidding round followed by the release of auction results. In the event of tied bids in an MX Group, the Commission will post an announcement in the FCC Auction System to announce an additional round of bidding for that MX Group. The Bureau seeks comment on this proposal. ii. Information Relating to Auction Delay, Suspension, or Cancellation 7. For Auction 77, the Bureau proposes that, by public notice or by announcement during the auction, the Bureau may delay, suspend, or cancel the auction in the event of natural disaster, technical obstacle, administrative or weather necessity, evidence of an auction security breach or unlawful bidding activity, or for any other reason that affects the fair and efficient conduct of competitive bidding. In such cases, the Bureau, in its sole discretion, may elect to resume the auction or cancel the auction in its entirety. Network interruption may cause the Bureau to delay or suspend the auction. The Bureau emphasizes that exercise of this authority is solely within the discretion of the Bureau. The Bureau seeks comment on this proposal. C. Bidding Procedures i. Upfront Payments and Bidding Eligibility 8. The Bureau has delegated authority and discretion to determine an appropriate upfront payment for the cellular unserved area licenses being auctioned. A bidder's upfront payment is a refundable deposit to establish eligibility to bid in the auction on the cellular unserved area license(s) for which the applicant submitted an application. Upfront payments protect against frivolous or insincere bidding and provide the Commission with a source of funds from which to collect payments owed at the close of the auction. 9. For Auction 77, the Bureau proposes to set the upfront payment at $500 for each applicant. The unserved areas and the proposed upfront payment are listed in Attachment A of the Auction 77 Comment Public Notice. The Bureau seeks comment on this proposal. ii. Reserve Price or Minimum Bid 10. In light of 47 U.S.C. 309(j), the Bureau proposes to establish a minimum bid amount at $500 for each of the two cellular unserved areas in Auction 77. For each unserved area, the proposed minimum bid amount is listed in Attachment A of the Auction 77 Comment Public Notice. The Bureau seeks comment on this proposal. 11. If commenters believe that the proposed minimum bid amount is not a reasonable amount, they should explain why this is so, and comment on the desirability of an alternative approach. Commenters are advised to support their claims with valuation analyses and suggested amounts or formulas. In establishing minimum bid amounts, the Bureau particularly seeks comment on such factors as the amount of spectrum being auctioned, the availability of technology to provide service, the size of the service areas, issues of interference with other spectrum bands and any other relevant factors that could reasonably have an impact on valuation of the license or licenses being auctioned. The Bureau also seeks comment on whether, consistent with 47 U.S.C. 309(j), the public interest would be served by having no minimum bid amount or a higher minimum bid amount. iii. Minimum Acceptable Bids 12. Eligible bidders will be able to place a bid in any whole dollar amount equal to or greater than the minimum bid for each cellular unserved area. Bidders will not be permitted to withdraw a bid. The Bureau seeks comment on this proposal. iv. Provisionally Winning Bids and Tied Bids 13. At the end of the bidding round, the winning bid for each cellular unserved area will be determined based on the highest bid amount received for the area. The result will be announced shortly after the close of the bidding round. 14. In the event of identical high bid amounts being submitted in a cellular unserved area (i.e., tied bids), the Bureau proposes to allow an additional bidding round or rounds, if necessary, for bidders to submit higher bids for the cellular unserved area with tied bids. The minimum bid for the next round will be calculated by rounding the tied bid amount up to the next highest $100. The license(s) will be assigned to the bidder submitting the highest bid in the additional round. If no bids are placed in the additional round, the license(s) will be assigned to the bidder placing the tied bid in the previous round with the highest random number, a random number having previously been assigned to each bid. If there is a tie for the winning bid in the additional round, the FCC may add another tie-breaking round or rounds, or stop the auction without assigning the license(s). 15. The Commission will announce the schedule for a subsequent round via an announcement in the FCC Auction System, concurrent with the release of round results. The Bureau seeks comment on this proposal. D. Considerations Relating to Certain Post-Auction Payment Rules i. Additional Default Payment Percentage 16. Any winning bidder that defaults or is disqualified after the close of an auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to make full payment, or is otherwise disqualified) is liable for a default payment under 47 CFR 1.2104(g)(2). This payment consists of a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering substantially the same spectrum and geographic area is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is less. 17. The percentage of the bid that a defaulting bidder must pay in addition to the deficiency will depend in part on the auction format ultimately chosen for a particular auction, if the license is subsequently reauctioned. In non-package auctions, the amount can range from three percent up to a maximum of 20 percent, established in advance of the auction and based on the nature of the service and the inventory of the licenses being offered. 18. For Auction 77, the Bureau proposes to establish an additional default payment of 20 percent. As previously noted by the Commission, defaults weaken the integrity of the auction process and impede the deployment of service to the public, and an additional default payment of more than three percent will be more effective in deterring defaults. The Bureau proposes the maximum 20 percent default payment for Auction 77. Since Auction 77 is being conducted strictly to resolve conflicts between entities in two cellular unserved areas that were unable to resolve their mutually exclusive applications, a default by the winning bidder would suggest that the bidder has not made a good-faith effort to abide by FCC license assignment procedures, thereby weakening the integrity of the auction process. The Bureau proposes to impose the maximum payment percentage to deter such behavior. The Bureau seeks comment on this proposal. III. Commission's EX PARTE Rules 19. This proceeding has been designated as a permit-but-disclose proceeding in accordance with the Commission's ex parte rules, 47 CFR 1.1200-1.1216. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. Other rules pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set forth in 47 CFR 1.1206(b). Federal Communications Commission. William W. Huber, Associate Chief, Auctions and Spectrum Access Division, WTB. [FR Doc. E8-6956 Filed 4-2-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL MARITIME COMMISSION Notice of Request for Additional Information The Commission gives notice that it has formally requested that the parties to the below listed agreement provide additional information pursuant to 46 U.S.C. 40304(d). This action prevents the agreement from becoming effective as originally scheduled. *Agreement No.:* 201178. *Title:* Los Angeles/Long Beach Port/Terminal Operator Administration and Implementation Agreement. *Parties:* The West Coast MTO Agreement; The City of Los Angeles, acting by and through its Board of Harbor Commissioners; and The City of Long Beach, acting by and through its Board of Harbor Commissioners. Dated: March 28, 2008. By Order of the Federal Maritime Commission. Karen V. Gregory, Assistant Secretary. [FR Doc. E8-6835 Filed 4-2-08; 8:45 am] BILLING CODE 6730-01-M FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than April 18, 2008. **A. Federal Reserve Bank of Minneapolis** (Jacqueline G. King, Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291: *1. Timothy A. Tierney* , Madison, Wisconsin; as an individual, and as a group acting in concert with Mark R. Tierney, Superior, Wisconsin; David S. Tierney, Eden Prairie, Minnesota; the Robert V. Tierney Trust, Timothy Tierney as trustee, Madison, Wisconsin; and the Faith M. Tierney Trust, Timothy Tierney as trustee, Madison, Wisconsin; to acquire control of Superior Bancorporation LTD, Superior, Wisconsin, and thereby indirectly acquire control of Community Bank Superior, Superior, Wisconsin. Board of Governors of the Federal Reserve System, March 31, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-6926 Filed 4-2-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center Web site at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 28, 2008. **A. Federal Reserve Bank of New York** (Anne MacEwen, Bank Applications Officer) 33 Liberty Street, New York, New York 10045-0001: *1. Modern Bank Management LLC, Modern Bank Partners LLC, and Modern Financial Inc.* , all of New York, New York; to become bank holding companies by acquiring 100 percent of the voting shares of Modern Bank, N.A., New York, New York. *2. National Australia Bank Limited, National Equities Limited* , both of Melbourne, Australia, and National Americas Investment, Inc., National Americas Holdings LLC, both of New York, New York; to become bank holding companies by acquiring 100 percent of the voting shares of Great Western Bancorporation, Inc., Omaha, Nebraska, and its subsidiary, Great Western Bank, Watertown, South Dakota. Comments regarding this application must be received not later than April 18, 2008. **B. Federal Reserve Bank of Minneapolis** (Jacqueline G. King, Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291: *1. Kirkwood Bancorporation Co.* , Bismark, North Dakota; to acquire 27.67 percent of the voting shares of Kirkwood Bancorporation of Nevada, Inc., and thereby indirectly acquire voting shares of Kirkwood Bank of Nevada, both of Las Vegas, Nevada, a *de novo* bank. *2. Kirkwood Bancorporation of Nevada, Inc.* ; to become a bank holding company by acquiring 100 percent of the voting shares of Kirkwood Bank of Nevada, both of Las Vegas, Nevada, a *de novo* bank. Board of Governors of the Federal Reserve System, March 31, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-6925 Filed 4-2-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Notice of Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities; Correction This notice corrects a notice (FR Doc. E8-4013) published on page 11419 of the issue for Monday, March 3, 2008. Under the Federal Reserve Bank of Richmond, the entry for Bank of America Corporation, Charlotte, North Carolins, is revised to read as follows: **A. Federal Reserve Bank of Richmond** (A. Linwood Gill, III, Vice President) 701 East Byrd Street, Richmond, Virginia 23261-4528: *1. Bank of America Corporation, Charlotte, North Carolina;* to acquire Countrywide Financial Corporation, Calabasas, California, and thereby indirectly acquire Countrywide Bank, FSB, Alexandria, Virginia, Countrywide Home Loans, Inc., Calabasas, California, Countrywide Financial Corporation, Calabasas, California, Countrywide Financial Holding Company, Inc., Calabasas, California, Effinity Financial Corporation, Alexandria, Virginia, Countrywide Tax Services Corporation, Simi Valley, California, CTC Real Estate Services, Calabasas, California, Countrywide Servicing Exchange, Calabasas, California, Countrywide Asset Management Corp., Calabasas, California, Landsafe Appraisal Services, Inc., Plano, Texas, Landsafe Credit, Inc., Richardson, Texas, Landsafe Flood Determination, Inc., Richardson, Texas, Landsafe Title of California, Inc., Rosemead, California, Landsafe Title of Texas, Inc., Rosemead, California, Landsafe Title of Florida, Inc., Calabasas, California, Countrywide Warehouse Lending, Calabasas, California, Countrywide Home Loans Servicing LP, Plano, Texas, Countrywide Mortgage Ventures, LLC, Calabasas, California, Countrywide Commercial Real Estate Finance, Inc., Calabasas, California, The Countrywide Foundation, Calabasas, California, Recontrust Company, National Association, Thousand Oaks, California, CWB Community Assets, Inc., Thousand Oaks, California, Countrywide Commercial Administration LLC, Calabasas, California, Recontrust Company (Nevada) Thousand Oaks, California, Countrywide KB Home Loans, LLC, Thousand Oaks, California, CWB Mortgage Ventures, LLC, Thousand Oaks, California, Landsafe Services of Alabama, Inc., Rosemead, California, Landsafe Title of Maryland, Inc., Calabasas, California and thereby engage in

(1)operating a savings association;

(2)operating a nondepository trust company;

(3)community development activities;

(4)extending credit and servicing loans;

(5)real estate and personal property appraising;

(6)credit bureau services;

(7)asset management, servicing, and collection activities;

(8)acquiring debt in default; and

(9)providing tax services for residential mortgage transaction pursuant to sections 225.28(b)(1), 225.28(b)(2), 225.28(b)(4), 225.28(b)(5), 225.28(b)(6) and 225.28(b)(12) of Regulation Y. In connection with this proposal Bank of America Corporation, has applied to acquire from Bank of America, National Association, Charlotte, North Carolina, 20,000 shares of Series B Non-Voting Convertible Preferred Stock of Countrywide Financial Corporation, Calabasas, California, which is convertible at the option of the holder into approximately 15.7 percent of the voting common stock of Countrywide Financial Corporation. Comments on this application must be received by April 29, 2008. Board of Governors of the Federal Reserve System, March 31, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-6924 Filed 4-2-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL TRADE COMMISSION [File No. 052 3094] Reed Elsevier Inc. and Seisint, Inc.; Analysis of Proposed Consent Order to Aid Public Comment AGENCY: Federal Trade Commission. ACTION: Proposed Consent Agreement. SUMMARY: The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order—embodied in the consent agreement—that would settle these allegations. DATES: Comments must be received on or before April 28, 2008. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to “Reed Elsevier and Seisint, File No. 052 3094,” 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 135-H, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. Comments containing confidential material must be filed in paper form, must be clearly labeled “Confidential,” and must comply with Commission Rule 4.9(c). 16 CFR 4.9(c) (2005). 1 The FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. Comments that do not contain any nonpublic information may instead be filed in electronic form by following the instructions on the web-based form at *http://secure.commentworks.com/ftc-ReedElsevierSeisint* . To ensure that the Commission considers an electronic comment, you must file it on that web-based form. 1 The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, 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). The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive public comments, whether filed in paper or electronic form, will be considered by the Commission, and will be available to the public on the FTC website, to the extent practicable, at *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 website. 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.shtm* . FOR FURTHER INFORMATION CONTACT: Alain Sheer, FTC Bureau of Consumer Protection, 600 Pennsylvania Avenue, NW, Washington, D.C. 20580,

(202)326-2252. SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and § 2.34 of the Commission Rules of Practice, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty

(30)days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for March 27, 2008), on the World Wide Web, at *http://www.ftc.gov/os/2008/03/index.htm* . A paper copy can be obtained from the FTC Public Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW, Washington, D.C. 20580, either in person or by calling

(202)326-2222. Public comments are invited, and may be filed with the Commission in either paper or electronic form. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before the date specified in the DATES section. Analysis of Agreement Containing Consent Order to Aid Public Comment The Federal Trade Commission has accepted, subject to final approval, a consent agreement from Reed Elsevier Inc. (“REI”) and Seisint, Inc. (“Seisint”). The proposed consent order has been placed on the public record for thirty

(30)days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After thirty

(30)days, the Commission will again review the agreement and the comments received, and will decide whether it should withdraw from the agreement and take appropriate action or make final the agreement's proposed order. The Commission's proposed complaint alleges that REI (through its LexisNexis division) and Seisint are data brokers. REI acquired Seisint on September 1, 2004 and has continued to operate Seisint under the Seisint name; REI also uses Seisint's technologies and facilities in REI's LexisNexis data broker business. In connection with Seisint's business, proposed respondents collect, and store in electronic databases, information about millions of consumers, including names, current and prior addresses, dates of birth, driver's license numbers, and Social Security numbers (“SSNs”). They also sell products customers use to retrieve information from the databases, including products to locate assets and people, authenticate identities, and verify credentials. Until at least mid-2005, access to information in Seisint databases was controlled using only user IDs and passwords (“credentials”). Seisint customers include insurance companies, debt collectors, employers, landlords, law firms, and law enforcement and other government agencies. The complaint further alleges that REI and Seisint engaged in a number of practices that, taken together, failed to provide reasonable and appropriate security for sensitive consumer information stored in Seisint databases. In particular, they:

(1)failed to make credentials hard to guess;

(2)failed to require periodic changes of credentials (such as every 90 days, for customers with access to sensitive consumer information);

(3)failed to suspend credentials after a certain number of unsuccessful log-in attempts;

(4)allowed customers to store their credentials in a vulnerable format in cookies on their computers;

(5)failed to require customers to encrypt or otherwise protect credentials, search queries, and/or search results in transit between customer computers and Seisint websites;

(6)allowed customers to create new credentials without confirming that the new credentials were created by customers rather than identity thieves;

(7)permitted users to share credentials;

(8)did not adequately assess the vulnerability of Seisint's web application and computer network to commonly known or reasonably foreseeable attacks, such as “Cross-Site Scripting“ attacks; and

(9)did not implement simple, low-cost, and readily available defenses to such attacks. As a result, an attacker could easily guess or intercept the user credentials of legitimate customers and use them to access sensitive information—including SSNs—about millions of consumers. The complaint alleges that on multiple occasions since January 2003, identity thieves exploited these vulnerabilities to obtain the credentials of legitimate Seisint customers. The thieves then used the credentials to make thousands of unauthorized searches for consumer information in Seisint databases. These breaches disclosed sensitive information about more than 300,000 consumers, including, in many instances, names, current and prior addresses, dates of birth, and SSNs. In some instances, the thieves opened new credit accounts in the names of consumers whose information was disclosed and made purchases on the new accounts. In other instances, they used the information to activate newly-issued credit cards stolen from legitimate cardholders and then made fraudulent purchases on the cards. Although some of these breaches occurred before REI acquired Seisint on September 1, 2004, they continued for at least 9 months after the acquisition, during which time Seisint was under REI's control. The proposed order applies to nonpublic information sold by Seisint and LexisNexis, as well as by any other business within REI to the extent that the business sells products that include an SSN, driver's license number; date of birth; or bank, credit card, or other financial account number or information. The order also contains provisions designed to prevent respondents from engaging in the future in practices similar to those alleged in the complaint. Part I of the proposed order requires each respondent to establish and maintain a comprehensive information security program that is reasonably designed to protect the security, confidentiality, and integrity of nonpublic personal information collected from or about consumers. The security programs must contain administrative, technical, and physical safeguards appropriate to the respondent's size and complexity, the nature and scope of its activities, and the sensitivity of the personal information collected from or about consumers. Specifically, the order requires each respondent to: • Designate an employee or employees to coordinate and be accountable for the information security program. • Identify material internal and external risks to the security, confidentiality, and integrity of customer information that could result in the unauthorized disclosure, misuse, loss, alteration, destruction, or other compromise of such information, and assess the sufficiency of any safeguards in place to control these risks. • Design and implement reasonable safeguards to control the risks identified through risk assessment, and regularly test or monitor the effectiveness of the safeguards' key controls, systems, and procedures. • Develop and use reasonable steps to select and retain service providers capable of appropriately safeguarding personal information they receive from the respondent, and require service providers by contract to implement and maintain appropriate safeguards. • Evaluate and adjust its information security programs in light of the results of testing and monitoring, any material changes to operations or business arrangements, or any other circumstances that it knows or has reason to know may have material impact on its information security program. Part II of the proposed order requires each respondent to obtain within 180 days, and on a biennial basis thereafter for a period of twenty

(20)years, an assessment and report from a qualified, objective, independent third-party professional, certifying, among other things, that:

(1)it has in place a security program that provides protections that meet or exceed the protections required by Part I of the proposed order; and

(2)its security program is operating with sufficient effectiveness to provide reasonable assurance that the security, confidentiality, and integrity of consumers' personal information has been protected. Parts III through VII of the proposed order are reporting and compliance provisions. Part III requires respondents to retain documents relating to their compliance with the order. For most records, the order requires that the documents be retained for a five-year period. For the third-party assessments and supporting documents, respondents must retain the documents for a period of three years after the date that each assessment is prepared. Part IV requires dissemination of the order now and in the future to persons with responsibilities relating to the subject matter of the order. Part V ensures notification to the FTC of changes in corporate status. Part VI mandates that each respondent submit a compliance report to the FTC within 180 days, and periodically thereafter as requested. Part VII is a provision “sunsetting” the order after twenty

(20)years, with certain exceptions. This is the Commission's nineteenth case to challenge the failure by a company to implement reasonable information security practices. Each of the Commission's cases to date has alleged that a number of security practices, taken together, failed to provide reasonable and appropriate security to prevent unauthorized access to consumers' information. The practices challenged in the cases have included, but are not limited to:

(1)creating unnecessary risks to sensitive information by storing it on computer networks without a business need to do so;

(2)storing sensitive information on networks in a vulnerable format;

(3)failing to use readily available security measures to limit access to a computer network through wireless access points on the network;

(4)failing to adequately assess the vulnerability of a web application and computer network to commonly known or reasonably foreseeable attacks;

(5)failing to implement simple, low-cost, and readily available defenses to such attacks; and

(6)failing to use readily available security measures to limit access between computers on a network and between such computers and the Internet. This proposed action against REI and Seisint is the first to challenge alleged security failures involving the security of passwords. Passwords are a critical part of a reasonable and appropriate security program because passwords are typically the first (and are often the only) method used to authenticate (or authorize) users to access resources, such as programs and databases, available on a computer network or online. The purpose of this analysis is to facilitate public comment on the proposed order. It is not intended to constitute an official interpretation of the proposed order or to modify its terms in any way. By direction of the Commission. Donald S. Clark Secretary [FR Doc. E8-6952 Filed 4-2-08: 8:45 am] [BILLING CODE 6750-01-S] FEDERAL TRADE COMMISSION [File No. 072 3055] The TJX Companies, Inc.; Analysis of Proposed Consent Order to Aid Public Comment AGENCY: Federal Trade Commission. ACTION: Proposed Consent Agreement. SUMMARY: The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order—embodied in the consent agreement—that would settle these allegations. DATES: Comments must be received on or before April 28, 2008. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to “TJX, File No. 072 3055,” 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 135-H, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. Comments containing confidential material must be filed in paper form, must be clearly labeled “Confidential,” and must comply with Commission Rule 4.9(c). 16 CFR 4.9(c) (2005). 1 The FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. Comments that do not contain any nonpublic information may instead be filed in electronic form by following the instructions on the web-based form at *http://secure.commentworks.com/ftc-TJX* . To ensure that the Commission considers an electronic comment, you must file it on that web-based form. 1 The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, 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). The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive public comments, whether filed in paper or electronic form, will be considered by the Commission, and will be available to the public on the FTC website, to the extent practicable, at *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 website. 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.shtm* . FOR FURTHER INFORMATION CONTACT: Alain Sheer or Molly Crawford, FTC Bureau of Consumer Protection, 600 Pennsylvania Avenue, NW, Washington, D.C. 20580,

(202)326-2222. Public comments are invited, and may be filed with the Commission in either paper or electronic form. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before the date specified in the DATES section. Analysis of Agreement Containing Consent Order to Aid Public Comment The Federal Trade Commission has accepted, subject to final approval, a consent agreement from The TJX Companies, Inc. (“TJX”). The proposed consent order has been placed on the public record for thirty

(30)days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After thirty

(30)days, the Commission will again review the agreement and the comments received, and will decide whether it should withdraw from the agreement and take appropriate action or make final the agreement’s proposed order. According to the Commission’s complaint, TJX is an off-price retailer selling apparel and home fashions in over 2,500 stores worldwide. Consumers may pay for purchases at these stores with credit and debit cards (collectively, “payment cards”), cash, or personal checks. In selling its products, TJX routinely uses its computer networks to collect personal information from consumers to obtain authorization for payment card purchases, verify personal checks, and process merchandise returned without receipts (“unreceipted returns”). Among other things, it collects:

(1)account number, expiration date, and an electronic security code for payment card authorization;

(2)bank routing, account, and check numbers and, in some instances, driver’s license number and date of birth for personal check verification; and

(3)name, address, and drivers’ license or military or state identification number (“personal ID numbers”) for unreceipted returns (collectively, “personal information”). This information is particularly sensitive because it can be used to facilitate payment card fraud and other consumer harm. The Commission’s proposed complaint alleges that since at least July 2005, TJX engaged in a number of practices that, taken together, failed to provide reasonable and appropriate security for personal information on its computer networks. Among other things, TJX:

(a)created an unnecessary risk to personal information by storing it on, and transmitting it between and within, in-store and corporate networks in clear text;

(b)did not use readily available security measures to limit wireless access to its networks, thereby allowing an intruder to connect wirelessly to in-store networks without authorization;

(c)did not require network administrators and other users to use strong passwords or to use different passwords to access different programs, computers, and networks;

(d)failed to use readily available security measures to limit access among computers and the internet, such as by using a firewall to isolate card authorization computers; and

(e)failed to employ sufficient measures to detect and prevent unauthorized access to computer networks or to conduct security investigations, such as by patching or updating anti-virus software or following up on security warnings and intrusion alerts. The complaint alleges that the breach compromised tens of millions of payment cards as well as the personal information of approximately 455,000 consumers who had made unreceipted returns. The complaint further alleges that issuing banks have claimed tens of millions of dollars in fraudulent charges on some of these payment card accounts. Issuing banks also have cancelled and re-issued millions of payment cards, and according to the complaint, consumers holding these cards were unable to use them to access their credit and bank accounts until they received the replacement cards. Additionally, the complaint alleges that some consumers have obtained or will have to obtain new personal ID numbers, such as new drivers’ licenses. The proposed order applies to personal information TJX collects from or about consumers. It contains provisions designed to prevent TJX from engaging in the future in practices similar to those alleged in the complaint. Part I of the proposed order requires TJX to establish and maintain a comprehensive information security program in writing that is reasonably designed to protect the security, confidentiality, and integrity of personal information collected from or about consumers. The security program must contain administrative, technical, and physical safeguards appropriate to TJX’s size and complexity, the nature and scope of its activities, and the sensitivity of the personal information collected from or about consumers. Specifically, the order requires TJX to: • Designate an employee or employees to coordinate and be accountable for the information security program. • Identify material internal and external risks to the security, confidentiality, and integrity of personal information that could result in the unauthorized disclosure, misuse, loss, alteration, destruction, or other compromise of such information, and assess the sufficiency of any safeguards in place to control these risks. • Design and implement reasonable safeguards to control the risks identified through risk assessment, and regularly test or monitor the effectiveness of the safeguards’ key controls, systems, and procedures. • Develop and use reasonable steps to retain service providers capable of appropriately safeguarding personal information they receive from respondents, require service providers by contract to implement and maintain appropriate safeguards, and monitor their safeguarding of personal information. • Evaluate and adjust its information security program in light of the results of the testing and monitoring, any material changes to its operations or business arrangements, or any other circumstances that it knows or has reason to know may have a material impact on the effectiveness of their information security program. Part II of the proposed order requires that TJX obtain, covering the first 180 days after the order is served, and on a biennial basis thereafter for twenty

(20)years, an assessment and report from a qualified, objective, independent third-party professional, certifying, among other things, that

(1)it has in place a security program that provides protections that meet or exceed the protections required by Part I of the proposed order; and

(2)its security program is operating with sufficient effectiveness to provide reasonable assurance that the security, confidentiality, and integrity of consumers’ personal information is protected. Parts III through VII of the proposed order are reporting and compliance provisions. Part III requires TJX to retain documents relating to its compliance with the order. For most records, the order requires that the documents be retained for a five-year period. For the third-party assessments and supporting documents, TJX must retain the documents for a period of three years after the date that each assessment is prepared. Part IV requires dissemination of the order now and in the future to principals, officers, directors, and managers having responsibilities relating to the subject matter of the order. Part V ensures notification to the FTC of changes in corporate status. Part VI mandates that TJX submit an initial compliance report to the FTC, and make available to the FTC subsequent reports. Part VII is a provision “sunsetting” the order after twenty

(20)years, with certain exceptions. This is the Commission’s twentieth case to challenge the failure by a company to implement reasonable information security practices. Each of the Commission’s cases to date has alleged that a number of security practices, taken together, failed to provide reasonable and appropriate security to prevent unauthorized access to consumers’ information. The practices challenged in the cases have included, but are not limited to:

(1)creating unnecessary risks to sensitive information by storing it on computer networks without a business need to do so;

(2)storing sensitive information on networks in a vulnerable format;

(3)failing to use readily available security measures to limit access to a computer network through wireless access points on the network;

(4)failing to adequately assess the vulnerability of a web application and computer network to commonly known or reasonably foreseeable attacks;

(5)failing to implement simple, low-cost, and readily available defenses to such attacks;

(6)failing to use readily available security measures to limit access between computers on a network and between such computers and the internet, and

(7)failing to use strong passwords to authenticate (or authorize) users to access programs and databases on computer networks or online. The purpose of the analysis is to aid public comment on the proposed order. It is not intended to constitute an official interpretation of the proposed order or to modify its terms in any way. By direction of the Commission. Donald S. Clark Secretary [FR Doc. E8-6950 Filed 4-2-08: 8:45 am] [BILLING CODE 6750-01-S] DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency for Healthcare Research and Quality Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Agency for Healthcare Research and Quality, HHS. ACTION: Notice. SUMMARY: This notice announces the intention of the Agency for Healthcare Research and Quality

(AHRQ)to request that the Office of Management and Budget

(OMB)approve the proposed information collection project: “Assessment of the Emergency Severity Index (ESI).” In accordance with the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)), AHRQ invites the public to comment on this proposed information collection. This proposed information collection was previously published in the **Federal Register** on January 22nd, 2008 and allowed 60 days for public comment. No comments were received. The purpose of this notice is to allow an additional 30 days for public comment. DATES: Comments on this notice must be received by May 5, 2008. ADDRESSES: Written comments should be submitted to: AHRQ's OMB Desk Officer by fax at

(202)395-6974 (attention: AHRQ's desk officer) or by e-mail at *OIRA_submission@omb.eop.gov* (attention: AHRQ's desk officer). Copies of the proposed collection plans, data collection instruments, and specific details on the estimated burden can be obtained from the AHRQ Reports Clearance Officer. FOR FURTHER INFORMATION CONTACT: Doris Lefkowitz, AHRQ Reports Clearance Officer,

(301)427-1477, or by e-mail at *doris.lefkowitz@ahrq.hhs.gov* . SUPPLEMENTARY INFORMATION: “Proposed Project—Assessment of the Emergency Severity Index (ESI)” AHRQ is proposing to examine uptake and use of an emergency room triage tool, the Emergency Severity Index (ESI). The hospital emergency department

(ED)represents a critical point in care delivery for patients across the United States. Over the past decade, however, the dramatic influx of patients into EDs has seriously challenged the ability of these departments to deliver timely, quality, and safe emergency healthcare services. Moreover, with most emergency departments operating at or over capacity it may prove difficult for them to respond to the surge in emergency room demand created by natural and man-made disasters. Development of increasingly refined and validated triage methods is one potential key to addressing overcrowding by speeding up the care delivery to the most acute ED patients while helping hospitals assess, carefully allocate and plan the amount of human and other resources needed to care for all patients. In response to a need to standardize the triage process and improve the flow of patients, Richard C. Wuerz, MD, (Department of Emergency Medicine at the Brigham and Women's Hospital and the Harvard Medical School) and David R. Eitel, MD, (Department of Emergency Medicine, The York Hospital WellSpan Health System) initiated development of the Emergency Severity Index

(ESI)in 1995. The ESI is unique in its focus on appropriate resource allocation and its consideration of necessary resource utilization in assigning acuity. To encourage adoption of the ESI, AHRQ developed an implementation handbook (Emergency Severity Index, Version 4) and companion DVDs. These materials are intended to provide hospitals and triage nurses with background on why they might want to implement the ESI as a triage tool, and offers recommendations on the implementation process and staff training. This project will assess the product's acceptance by emergency departments and others involved in addressing medical surges to better understand the usefulness of the ESI compared to other similar tools. It will focus on the satisfaction with the product's presentation, content, and clarity; extent to which the product has improved emergency services and surge preparation; and the improvements users would like to see in the next version of this product. This will be accomplished through

(1)developing and implementing an electronic and paper-based survey targeting emergency department professionals assessing the satisfaction with the ESI's content, clarity and actual use of the system in everyday emergency departments, and

(2)convening focus groups of ED professionals to identify characteristics that might predict uptake and use of this system in participating emergency departments. Method of Collection *Survey:* An equal-probability sample of 507 ED professionals from the database AHRQ maintains of individuals and organizations that requested a copy of the ESI tools will be contacted to participate in the survey. Where a phone number has been provided, we will do a reverse telephone number search to identify the mailing address of the requester and conduct a mail survey with telephone follow-up. For those who have provided an e-mail address, we will send a link to a Web survey. Telephone and e-mail prompts will be sent after two weeks to those who have not yet completed the questionnaire, followed by two additional reminders sent three weeks apart. The expected response rate of 80 percent will result in 405 respondents to the survey with approximately 70% ED nurses, 20% ED medical and health services managers, and 10% ED physicians. *Focus Groups:* Focus groups will be conducted to gauge ED managers' and clinicians' awareness of the ESI tool as well as AHRQ's role in ED surge planning and preparation. To the extent that we are able to identify a subgroup of ED representatives who are aware of the ESI tool but have chosen not to utilize it in their emergency departments, focus groups may also be useful to gather information on why these organizations opted not to employ the ESI. In order to facilitate communication among focus group participants and ensure that responses address the key issues identified in the focus group guide, we will limit participation in each focus group meeting to between six and eight individuals. A total of four focus group meetings will be held, including two meetings each with ED medical directors, ED triage nurses, and ED medical and health services managers. Estimated Annual Respondent Burden Exhibit 1.—Estimated Annualized Burden Hours Data collection effort Number of respondents Number of responses per respondent Hours per response Total burden hours ED professionals survey 405 1 20/60 135 ED professionals focus groups 32 1 1.5 48 Total 437 na na 183 Exhibit 2.—Estimated Annualized Cost Burden Data collection effort Number of respondents Total burden hours Average hourly wage rate* Total cost burden ED professionals survey 405 135 $33.70 $4,549.50 ED professionals focus groups 32 48 36.62 1,757.76 Total 437 183 na 6,307.26 * Total cost burden for the survey is based upon the weighted average of 13 physicians at $58.76/hr, 95 nurses at $29.10/hr, and 27 medical and health services managers at $37.82/hr. Total cost burden for the focus groups is based on the weighted average of 6 ED physicians at $58.76/hr, 21 nurses at $29.10/hr, and 21 medical and health services managers at $37.82/hr. National Compensation Survey: Occupational wages in the United States 2006, “U.S. Department of Labor, Bureau of Labor Statistics.” This information collection will not impose a cost burden on respondents beyond that associated with their time to provide the required data. There will be no additional costs for capital equipment, software, computer services, etc. Estimated Annual Costs to the Federal Government Developing and implementing the survey—$183,305. Developing and conducting focus groups—$69,669. Analyzing the data and report production—$26,172. Associated personnel costs—$17,073. The total cost to the government for this activity is estimated to be $296,219. Request for Comments In accordance with the above-cited Paperwork Reduction Act legislation, comments on AHRQ's information collection are requested with regard to any of the following:

(a)Whether the proposed collection of information is necessary for the proper performance of AHRQ health care research and health care information dissemination functions, including whether the information will have practical utility;

(b)the accuracy of AHRQ's estimate of burden (including hours and costs) of the proposed collection(s) of information;

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

(d)ways to minimize the burden of the collection of information upon the respondents, including the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and included in the Agency's subsequent request for OMB approval of the proposed information collection. All comments will become a matter of public record. Dated: March 25, 2008. Carolyn M. Clancy, Director. [FR Doc. E8-6757 Filed 4-2-08; 8:45 am] BILLING CODE 4160-90-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency for HeaIthcare Research and Quality Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Agency for Healthcare Research and Quality, Department of Health and Human Services. ACTION: Notice. SUMMARY: This notice announces the intention of the Agency for Healthcare Research and Quality

(AHRQ)to request that the Office of Management and Budget

(OMB)allow the proposed information collection project, “Reducing Healthcare Associated Infections (HAI): Improving patient safety through implementing multidisciplinary training.” In accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A), AHRQ invites the public to comment on this proposed information collection. DATES: Comments on this notice must be received by June 2, 2008. ADDRESSES: Written comments should be submitted to: Doris Lefkowitz, Reports Clearance Officer, AHRQ, by e-mail at *doris.lefkowitz@ahrq.hhs.gov* . Copies of the proposed collection plans, data collection instruments, and specific details on the estimated burden can be obtained from AHRQ's Reports Clearance Officer. FOR FURTHER INFORMATION CONTACT: Doris Lefkowitz, AHRQ Reports Clearance Officer,

(301)427-1477, or by e-mail at *doris.lefkowitz@ahrq.hhs.gov* . SUPPLEMENTARY INFORMATION: Proposed Project—“Reducing Healthcare Associated Infections (HAI): Improving Patient Safety Through Implementing Multi-Disciplinary Training” The goal of the HAI project is to identify factors associated with the implementation of training that can assist hospitals in successfully reducing and sustaining the reduction of infections associated with the process of care. The project is being carried out pursuant to AHRQ's statutory mandates under 42 U.S.C. 299b(b) and 299(b)(1)(G) to disseminate research findings to community settings for practice improvement and to support research on determinants of practitioner use and development of best practices. The findings from the HAI project will be shared publicly to assist other healthcare organizations in their efforts to improve infection safety. For the HAI project, AHRQ will use the Accelerating Change and Transformation in Organizations and Networks (ACTION) which is a program of task order contracts to support field-based partnerships for conducting applied research. In order to understand the challenges of infection prevention and patient safety at the point of care, AHRQ has funded five ACTION partnerships, each of which has experience with implementing interventions and tools to improve the processes of care and the safety and quality of healthcare delivery. These ACTION partnerships will be working collaboratively with 34 hospitals, ranging from large academic teaching hospitals to community hospitals, in 11 states. At each of these hospitals, multi-disciplinary teams will implement clinician training that uses AHRQ-supported evidence-based tools to improve infection safety. Through the HAI project, these hospitals will focus on barriers and challenges to implementing infection prevention training and how to sustain lessons learned in order to help other hospitals achieve success. The project involves six activities:

(1)Implement training focused on mitigating infections, particularly with respect to blood stream infections (BSI), central line insertions, ventilator associated pneumonia (V AP) and chest tube insertions;

(2)catalogue infection rates before and after the training;

(3)analyze the opinions of hospital staff about their hospital's infection prevention and patient safety activities;

(4)analyze the trainees' evaluation of the infection prevention and patient safety training and materials;

(5)determine the impact of the implementation of infection prevention training and the hospitals' participation in the HAI project on their ability to mitigate and sustain infection safety improvements; and

(6)make publicly available case studies focusing on the hospitals' experiences of the training and their success with infection reduction and sustainability. In order to support the healthcare organizations and hospitals, AHRQ will be issuing a contract to coordinate the assessment aspects of the HAI program. The objective of the HAI assessment contract is to facilitate the collection of infection information across the HAI project hospitals including providing technical assistance and support for the administration of the common data collection instruments. In addition, the assessment contractor will assist AHRQ in sharing the lessons learned about the successes, barriers, and challenges in implementing and sustaining infection safety interventions and tools. Each of the 34 participating hospitals will be responsible for securing clearance from their own Institutional Review Boards for their activities as part of the HAI project, including administration of the proposed data collection instruments. The data collection will be conducted in accordance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, 45 CFR parts 160 and 164, and with the Protection of Human Subjects regulations, 45 CFR Part 46. Identifiable data for provider organizations and individuals will only be used for the above-stated purposes and will be kept confidential. Methods of Collection The infection prevention training will be implemented at 34 hospitals over a 6 month period at the end of 2008 through 2009. The data collection instruments will be administered at each hospital before, during and after the training. Respondents include both medical and administrative personnel. These instruments will be a key input to AHRQ understanding the challenges and barriers to implementing training and improving infection safety. The proposed paper-based data collection instruments are: Pre-Training Infection Prevention and Safety Assessment. Post-Training Infection Prevention and Safety Assessment. Baseline Infection Rates Summary. Follow-up Infection Rates Summary. Infection Prevention and Patient Safety Activities Catalogue. Training Evaluation. In addition to the 34 hospitals which will implement the training and fully participate in the HAI project, there will be a control group consisting of 102 rural hospitals. At each of the control group hospitals, an infection prevention staff member will complete the Post-Training Infection Prevention and Safety Assessment, Follow-up Infection Rate Summary, and the Infection Prevention and Patient Safety Activities Catalogue. In addition to providing a baseline measure, the control group hospitals will provide additional insights on the challenges of and barriers to infection prevention and patient safety at rural hospitals. Estimated Annual Respondent Burden Exhibit 1 shows the estimated burden hours to the respondents for providing all of the data needed to meet the study's objectives. For both the Pre-Training and Post-Training Infection Prevention and Safety Assessment instruments, the number of respondents is based on an estimate of 20 respondents at each of the 34 implementation hospitals. In addition, one respondent at each of the 102 hospitals in the control group will complete the Post-Training instrument. For both the Baseline and Follow-up Infection Rate Summary instrument, the number of respondents is based on an estimate of one respondent at each of the 34 implementation hospitals. In addition, one respondent at each of the 102 control group hospitals will complete the Follow-Up instrument. For the Infection Prevention and Patient Safety Activity Catalogue, the number of respondents is based on an estimate of 1 respondent at each of the 34 implementation hospitals and the 102 control group hospitals. Finally, the number of respondents for the Training Evaluation instrument is based on an estimate of 25 respondents at each of the 34 implementation hospitals. Exhibit 2 shows the estimated annualized cost burden for the respondents' time to participate in this project. There will be no cost burden to the respondent other than that associated with their time to provide the required data. There will be no additional costs for capital equipment, software, computer services, etc. Exhibit 1. Estimated Annualized Burden Hours Data collection instrument Number of respondents Number of responses per respondent Hours per response Total burden hours Pre-Training Infection Prevention and Safety Assessment 34 20 30/60 340 Post-Training Infection Prevention and Safety Assessment 136 5.75 45/60 587 Baseline Infection Rate Summary 34 1 30/60 17 Follow-up Infection Rate Summary 136 1 40/60 91 Infection Prevention and Patient Safety Activity Catalogue 136 1 1.00 136 Training Evaluation 34 25 10/60 141 Total 136 na na 1,312 Exhibit 2.—Estimated Annualized Cost Burden Data collection instrument Number of respondents Total burden hours Average hourly wage rate* Total cost burden Pre-Training Infection Prevention and Safety Assessment 34 340 $41.75 $14,195 Post-Training Infection Prevention and Safety Assessment 136 587 41.75 24,507 Baseline Infection Rate Summary 34 17 28.99 493 Follow-up Infection Rate Summary 136 91 28.99 2,638 Infection Prevention and Patient Safety Activity Catalogue 136 136 39.02 5,307 Training Evaluation 34 141 49.04 6,915 Total 136 1,312 na 54,055 * Based on the planned respondents, the average hourly rates are the average of the mean hourly wage estimates for the following occupational groups: Epidemiologists, health care support aides, medical and health services managers, pharmacists, physicians, physician assistants, registered nurses, and respiratory therapists. The wage estimates are derived from the National Occupational Employment and Wage Estimates, Bureau of Labor Statistics, May 2006. Estimated Annual Costs to the Federal Government This data collection effort is one aspect of a larger effort focused on reducing healthcare associated infections. The cost of developing the data collection instruments by a onetime statistical support task order is $25,000. The costs of implementing the data collection instruments and analyzing and publishing the results are $108,650 annually. Finally, the estimated costs for federal staff time for supporting the common data collection efforts are $24,000 annually. Thus, the estimated annual cost to the federal government is $145,150. Request for Comments In accordance with the above-cited Paperwork Reduction Act legislation, comments on AHRQ's information collection are requested with regard to any of the following:

(a)Whether the proposed collection of information is necessary for the proper performance of AHRQ health care research, quality improvement and information dissemination functions, including whether the information will have practical utility;

(b)the accuracy of AHRQ's estimate of burden (including hours and costs) of the proposed collection(s) of information;

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

(d)ways to minimize the burden of the collection of information upon the respondents, including the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and included in the Agency's subsequent request for OMB approval of the proposed information collection. All comments will become a matter of public record. Dated: March 25, 2008. Carolyn M. Clancy, Director. [FR Doc. E8-6761 Filed 4-2-08; 8:45 am] BILLING CODE 4160-90-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30 Day-08-07BO] Agency Forms Undergoing Paperwork Reduction Act Review The Centers for Disease Control and Prevention

(CDC)publishes a list of information collection requests under review by the Office of Management and Budget

(OMB)in compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). To request a copy of these requests, call the CDC Reports Clearance Officer at

(404)639-5960 or send an e-mail to *omb@cdc.gov* . Send written comments to CDC Desk Officer, Office of Management and Budget, Washington, DC 20503 or by fax to

(202)395-6974. Written comments should be received within 30 days of this notice. Proposed Project State of Pennsylvania Fire and Life Safety Public Education Survey—New— Division of Unintentional Injury, National Center for Injury Prevention and Control (NCIPC), Centers for Disease Control and Prevention (CDC). Background and Brief Description This project will involve conducting a statewide survey of Pennsylvania fire departments to identify current fire and life safety education programs, resources, and training needs. Survey findings will be used to develop an inventory of programs and resources, and to inform Pennsylvania's fire and life safety educators during future training programs. In the United States each year, there are approximately 400,000 residential fires, with 14,000 non-fatal and 3,000 fatal civilian injuries. The National Center of Injury Prevention and Control (NCIPC), in line with Healthy People 2010 objectives, work to reduce and eliminate non-fatal and fatal injuries from residential fires. The survey will be conducted with fire departments in Pennsylvania. The 2007 National Directory of Fire Chiefs & EMS Administrators lists all fire departments in Pennsylvania along with their contact information. A stratified random sampling strategy will be used to generate a study sample that includes all career and combination (career/volunteer) fire departments and a proportion of all volunteer fire departments. An initial mailing will be sent to the current postal addresses and existing e-mail addresses of selected fire departments' Fire Chiefs. This mailing will include a brief description of the study and instructions on how to submit the survey. Fire departments will be asked to participate in a 35-item survey. Completed surveys will be returned either on-line, through the mail, or by fax. Non-responding fire departments will be telephoned to confirm receipt of the survey and to encourage participation. The telephone script for this group is approximately 3 minutes. It is estimated that 260 out of the 654 initially contacted fire departments will complete the 30 minute survey, which is designed to collect information on the scope and content of educational programs and activities, training needs, and barriers to fire and life safety education. There are no costs to respondents except for their time to participate in the surveys. The total estimated annualized burden hours are 163. Estimated Annualized Burden Hours Respondents Form name Number of respondents Number of responses per respondent Average burden per response (in hours) Pennsylvania Fire Chiefs Telephone Script/ Follow-up 654 1 3/60 Pennsylvania Fire and Life Safety Education Survey 260 1 30/60 Dated: March 28, 2008. Maryam I. Daneshvar, Acting Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E8-6894 Filed 4-2-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control; Special Emphasis Panel (SEP): Division of HIV/AIDS Prevention Laboratory Branch Intramural Research Programs 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. *Times and Dates:* 8 a.m.-4 p.m., June 19, 2008 (Closed). 8:30 a.m.-4 p.m., June 20, 2008 (Closed). *Place:* Centers for Disease Control and Prevention, 1600 Clifton Road NE., Bldg 18 Room 2-102, Atlanta, GA 30333 telephone 404-639-4976. *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 “Division of HIV/AIDS Prevention Laboratory Branch Intramural Research Programs.” *Contact Person for More Information:* Jeffrey A. Johnson, Ph.D., Designated Federal Officer, National Center for HIV/AIDS, Viral Hepatitis, STD and TB Prevention, CDC, 1600 Clifton Road NE., Mailstop G45, Atlanta, GA 30333, Telephone 404-639-4976. 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 26, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-6885 Filed 4-2-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES

(HHS)Centers for Medicare & Medicaid Services Notice of Hearing: Reconsideration of Disapproval of Montana State Plan Amendment

(SPA)07-004 AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice of Hearing. SUMMARY: This notice announces an administrative hearing to be held on May 20, 2008, at the CMS Denver Regional Office, 1600 Broadway, Suite #700, Vail Conference Room, Denver, Colorado 80202, to reconsider CMS' decision to disapprove Montana SPA 07-004. *Closing Date:* Requests to participate in the hearing as a party must be received by the presiding officer by April 18, 2008. FOR FURTHER INFORMATION CONTACT: Kathleen Scully-Hayes, Presiding Officer, CMS, 2520 Lord Baltimore Drive, Suite L, Baltimore, Maryland 21244, Telephone:

(410)786-2055. SUPPLEMENTARY INFORMATION: This notice announces an administrative hearing to reconsider CMS' decision to disapprove Montana SPA 07-004 which was submitted on May 24, 2007, and disapproved on January 4, 2008. Under this SPA, the State proposed to eliminate cost sharing with respect to Medicaid services for enrolled members of federally recognized American Indian Tribes. CMS requested additional information from Montana that would describe how the State's proposal was consistent with the Equal Protection Clause of the Fourteenth Amendment of the Constitution and Title VI of the Civil Rights Act of 1964 (prohibiting discrimination on the basis of race, color, and national origin in federally assisted programs). The State submitted a response, but that response did not establish such consistency. The proposed amendment was disapproved because it is inconsistent with section 1902(a)(10)(B) of the Social Security Act (Act). That provision requires that all categorically eligible individuals receive the same benefit package, and that all individuals within a covered eligibility group receive the same benefit package. CMS concluded that the proposed exemption from cost sharing by enrolled members of Tribes would not be consistent with section 1902(a)(10)(B) because it would result in a greater amount, duration, and scope of medical assistance available to Indians than to other similarly situated non-Indians. Moreover, CMS concluded that the State had not demonstrated that the proposed amendment was consistent with sections 1902(a)(4) and 1902(a)(19) of the Act, because the State had not demonstrated that it was consistent with the Equal Protection Clause and Title VI of the Civil Rights Act. Sections 1902(a)(4) and 1902(a)(19) of the Act require methods of administration necessary for the “proper and efficient” operation of the plan and provision of care and services in a manner “consistent with the best interests of beneficiaries.” The hearing will involve the following issues: • Whether the State's proposed amendment would result in a different amount, duration, and scope of medical assistance available for some categorically eligible individuals than other similarly situated individuals, and in a different amount, duration, and scope of medical assistance for some individuals in an eligibility group than for others in the same group. The State's proposed amendment would provide a greater amount of medical assistance to Indians than non-Indians because the medical assistance for Indian beneficiaries would be increased by the amount that would otherwise be collected through the imposition of cost sharing. • Whether the State has demonstrated that the proposed amendment is consistent with the Equal Protection Clause of the Constitution and Title VI of the Civil Rights Act of 1964. Although the State asserted that it only needed to show a “rational basis,” the State did not demonstrate that this test has been applied in the same circumstance by reviewing courts. Instead, it appears that the applicable test is “strict scrutiny” and the State did not demonstrate the necessary “compelling State interest” and that the proposed action was narrowly tailored to meet that interest. Section 1116 of the Act and Federal regulations at 42 CFR Part 430, establish Department procedures that provide an administrative hearing for reconsideration of a disapproval of a State plan or plan amendment. CMS is required to publish a copy of the notice to a State Medicaid agency that informs the agency of the time and place of the hearing, and the issues to be considered. If we subsequently notify the agency of additional issues that will be considered at the hearing, we will also publish that notice. Any individual or group that wants to participate in the hearing as a party must petition the presiding officer within 15 days after publication of this notice, in accordance with the requirements contained at 42 CFR 430.76(b)(2). Any interested person or organization that wants to participate as *amicus curiae* must petition the presiding officer before the hearing begins in accordance with the requirements contained at 42 CFR 430.76(c). If the hearing is later rescheduled, the presiding officer will notify all participants. The notice to Montana announcing an administrative hearing to reconsider the disapproval of its SPA reads as follows: Mr. John Chappuis, State Medicaid Director, Montana Department of Public Health and Human Services, P.O. Box 4210, Helena, MT 59604-4210. Dear Mr. Chappuis: I am responding to your request for reconsideration of the decision to disapprove the Montana State plan amendment

(SPA)07-004, which was submitted on May 24, 2007, and disapproved on January 4, 2008. Under this SPA, the State proposed to eliminate cost sharing with respect to Medicaid services for enrolled members of federally recognized American Indian Tribes. CMS requested additional information from Montana that would describe how the State's proposal was consistent with the Equal Protection Clause of the Fourteenth Amendment of the Constitution and Title VI of the Civil Rights Act of 1964 (prohibiting discrimination on the basis of race, color, and national origin in federally assisted programs). The State submitted a response, but that response did not establish such consistency. The proposed amendment was disapproved because it is inconsistent with section 1902(a)(10)(B) of the Social Security Act (the Act). That provision requires that all categorically eligible individuals receive the same benefit package, and that all individuals within a covered eligibility group receive the same benefit package. CMS concluded that the proposed exemption from cost sharing by enrolled members of Tribes would not be consistent with section 1902(a)(10)(B) because it would result in a greater amount, duration, and scope of medical assistance available to Indians than to other similarly situated non-Indians. Moreover, CMS concluded that the State had not demonstrated that the proposed amendment was consistent with sections 1902(a)(4) and 1902(a)(19) of the Act, because the State had not demonstrated that it was consistent with the Equal Protection Clause and Title VI of the Civil Rights Act. Sections 1902(a)(4) and 1902(a)(19) of the Act require methods of administration necessary for the “proper and efficient” operation of the plan and provision of care and services in a manner “consistent with the best interests of beneficiaries.” The hearing will involve the following issues: • Whether the State's proposed amendment would result in a different amount, duration, and scope of medical assistance available for some categorically eligible individuals than other similarly situated individuals, and in a different amount, duration, and scope of medical assistance for some individuals in an eligibility group than for others in the same group. The State's proposed amendment would provide a greater amount of medical assistance to Indians than non-Indians because the medical assistance for Indian beneficiaries would be increased by the amount that would otherwise be collected through the imposition of cost sharing. • Whether the State has demonstrated that the proposed amendment is consistent with the Equal Protection Clause of the Constitution and Title VI of the Civil Rights Act of 1964. Although the State asserted that it only needed to show a “rational basis,” the State did not demonstrate that this test has been applied in the same circumstance by reviewing courts. Instead, it appears that the applicable test is “strict scrutiny” and the State did not demonstrate the necessary “compelling State interest” and that the proposed action was narrowly tailored to meet that interest. I am scheduling a hearing on your request for reconsideration to be held on May 20, 2008, at the CMS Denver Regional Office, 1600 Broadway, Suite #700, Vail Conference Room, Denver, Colorado 80202, in order to reconsider the decision to disapprove SPA 07-004. If this date is not acceptable, we would be glad to set another date that is mutually agreeable to the parties. The hearing will be governed by the procedures prescribed by Federal regulations at 42 CFR Part 430. I am designating Ms. Kathleen Scully-Hayes as the presiding officer. If these arrangements present any problems, please contact the presiding officer at

(410)786-2055. In order to facilitate any communication which may be necessary between the parties to the hearing, please notify the presiding officer to indicate acceptability of the hearing date that has been scheduled and provide names of the individuals who will represent the State at the hearing. Sincerely, Kerry Weems, Acting Administrator. Section 1116 of the Social Security Act (42 U.S.C. 1316; 42 CFR 430.18) (Catalog of Federal Domestic Assistance program No. 13.714, Medicaid Assistance Program) Dated: March 26, 2008. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E8-6867 Filed 4-2-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Division of Loan Repayment; Submission for OMB Review; Comment Request; National Institutes of Health Loan Repayment Programs *Summary:* In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Division of Loan Repayment, the National Institutes of Health (NIH), has submitted to the Office of Management and Budget

(OMB)a request to review and approve the information collection listed below. This proposed information collection was previously published in the **Federal Register** on December 26, 2007, and allowed 60 days for public comment. No responses to the notice were received. The purpose of this notice is to allow an additional 30 days for public comment. The National Institutes of Health may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number. Proposed Collection *Title:* National Institutes of Health Loan Repayment Programs. *Type of Information Collection Request:* Revision of a currently approved collection (OMB No. 0925-0361, expiration date 06/30/08). *Form Numbers:* NIH 2674-1, NIH 2674-2, NIH 2674-3, NIH 2674-4, NIH 2674-5, NIH 2674-6, NIH 2674-7, NIH 2674-8, NIH 2674-9, NIH 2674-10, NIH 2674-11, NIH 2674-12, NIH 2674-13, NIH 2674-14, NIH 2674-15, NIH 2674-16, NIH 2674-17, NIH 2674-18, and NIH 2674-19. *Need and Use of Information Collection:* The NIH makes available financial assistance, in the form of educational loan repayment, to M.D., PhD., Pharm.D., D.D.S., D.M.D., D.P.M., D.C., and N.D. degree holders, or the equivalent, who perform biomedical or biobehavioral research in NIH intramural laboratories or as extramural grantees for a minimum of 2 years (3 years for the General Research LRP) in research areas supporting the mission and priorities of the NIH. The AIDS Research Loan Repayment Program (AIDS-LRP) is authorized by Section 487A of the Public Health Service Act (42 U.S.C. 288-1); the Clinical Research Loan Repayment Program for Individuals from Disadvantaged Backgrounds (CR-LRP) is authorized by Section 487E (42 U.S.C. 288-5); the General Research Loan Repayment Program (GR-LRP) is authorized by Section 487C of the Public Health Service Act (42 U.S.C. 288-3); the Loan Repayment Program Regarding Clinical Researchers (LRP-CR) is authorized by Section 487F (42 U.S.C. 288-5a); the Pediatric Research Loan Repayment Program (PR-LRP) is authorized by Section 487F (42 U.S.C. 288-6); the Extramural Clinical Research LRP for Individuals from Disadvantaged Backgrounds (ECR-LRP) is authorized by an amendment to Section 487E (42 U.S.C. 288-5); the Contraception and Infertility Research LRP (CIR-LRP) is authorized by Section 487B (42 U.S.C. 288-2); and the Health Disparities Research Loan Repayment Program (HD-LRP) is authorized by Section 485G (42 U.S.C. 287c-33). The Loan Repayment Programs can repay up to $35,000 per year toward a participant's extant eligible educational loans, directly to lenders, in addition to salary and benefits. The information proposed for collection will be used by the Division of Loan Repayment to determine an applicant's eligibility for participation in the program. *Frequency of Response:* Initial application and annual renewal application. *Affected Public:* Applicants, research supervisors, recommenders, organizational contacts and financial institutions. *Type of Respondents:* Physicians, other scientific or medical personnel, and institutional representatives. The annual reporting burden is as follows: Type of respondents Number of respondents Estimated number of responses per respondent Average burden hours per response Annual burden hours requested *Intramural LRPs:* Initial Applicants 30 1 10.11 303.30 Advisors/Supervisors 30 1 .5 15.00 Recommenders 90 1 .33 29.70 Financial Institutions 10 1 1.25 12.50 Subtotal 160 360.50 *Extramural LRPs:* Initial Applicants 1900 1 10.35 19,665.00 Advisors/Supervisors 1750 1 .5 875.00 Recommenders 5700 1 .33 1881.00 Financial Institutions 300 1 1.25 375.00 Subtotal 9650 22,796.00 *Intramural LRPs:* Renewal Applicants 60 1 7.42 445.20 Advisors/Supervisors 60 1 1.33 79.80 Subtotal 120 525.00 *Extramural LRPs:* Renewal Applicants 1225 1 8.58 10,510.50 Advisors/Supervisors 925 1 1.00 925.00 Recommenders 3675 1 .33 1212.75 Subtotal 5825 12,648.25 Total 15,755 36,329.75 The annualized cost to respondents is estimated at $1,298,341. The annualized cost to the Federal Government for administering the Loan Repayment Programs is expected to be $1,794,667.48. This cost includes administrative support by the Division of Loan Repayment and $440,039 for the continuing development and maintenance of the LRP Management Information System/Online Application System (MIS/OAS). *Request For Comments:* Written comments and/or suggestions from the public and affected agencies should address one or more of the following points:

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

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

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

(4)ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. *Direct Comments to OMB:* Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the: Office of Management and Budget, Office of Regulatory Affairs, *OIRA_submission@omb.eop.gov* or by fax to 202-395-6974, Attention: Desk Officer for NIH. To request more information on the proposed project or to obtain a copy of the data collection plans and instruments, contact: Suman King, PhD., Director, Division of Loan Repayment, National Institutes of Health, 6011 Executive Blvd., Room 206 (MSC 7650), Bethesda, Maryland 20892-7650. Dr. King may be contacted via e-mail at *SKing1@od.nih.gov* or by calling 301-594-3234. *Comments Due Date:* Comments regarding this information collection are best assured of having their full effect if received within 30 days of the date of this publication. Dated: March 27, 2008. Raynard S. Kington, Deputy Director, NIH. [FR Doc. E8-6857 Filed 4-2-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Government-Owned Inventions; Availability for Licensing AGENCY: National Institutes of Health, Public Health Service, HHS. ACTION: Notice. SUMMARY: The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing. ADDRESSES: Licensing information and copies of the U.S. patent applications listed below may be obtained by writing to the indicated licensing contact at the Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852-3804; telephone: 301/496-7057; fax: 301/402-0220. A signed Confidential Disclosure Agreement will be required to receive copies of the patent applications. HPV Virus-Like Particles for Delivery of Gene-Based Vaccines *Description of Technology:* The invention describes methods of eliciting immune responses and treating disease based on novel vaccine compositions and vaccination strategies employing human papilloma virus

(HPV)virus-like particles (VLPs), comprising L1 and L2 proteins. These VLPs have the capacity to incorporate up to 8 kb of DNA into the shell and express only the target antigen. These compositions are effective at eliciting an immune response to the transgene product expressed by the DNA when administered at epithelial surfaces including the mucosa (e.g. nasal or respiratory passages or genital tract) or skin in conjunction with disruption of the epithelial layer. It is typically difficult to elicit an immune response in the genital tract, so this technology overcomes a previous deficiency. Robust B and T cell responses were elicited in mice using the subject technology with representative DNA expressing M/M2 from respiratory syncytial virus (RSV). This technology could be used in a prime-boost vaccination regimen as well to enhance the immune response. *Applications:* Vaccines against a number of pathogens, including HPV, HIV, HSV, HCV, and RSV. *Advantages:* Novel, non-invasive vaccine strategy to elicit both systemic and mucosal immunity in typically poorly inductive sites. Packaging system that can accommodate up to 8 kb of DNA. No expression of viral genes. Potential for multivalent vaccine development against heterologous pathogens. *Development Status:* Animal (mouse) data available. *Inventors:* Barney S. Graham et al. (NIAID) and John T. Schiller et al. (NCI). *Publications:* 1. Meeting abstract from the Keystone Symposium on Viral Immunity 2008 can be provided upon request. 2. CB Buck, DV Pastrana, DR Lowy, JT Schiller. Efficient intracellular assembly of papillomaviral vectors. J. Virol. 2004 Jan;78(2):751-757. *Patent Status:* U.S. Provisional Application No. 61/022,324 filed 19 Jan 2008 (HHS Reference No. E-077-2008/0-US-01). *Licensing Status:* Available for exclusive or non-exclusive licensing. *Licensing Contact:* Susan Ano, Ph.D.; 301-435-5515, *anos@mail.nih.gov.* *Collaborative Research Opportunity:* The NIAID/OTD is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize HPV Virus-Like Particles for Delivery of Gene-Based Vaccines. Please contact either Cecelia Pazman or Barry Buchbinder at 301-496-2644 for more information. Avian Influenza Vaccine *Description of Technology:* Sustained outbreaks of highly pathogenic avian influenza H5N1 in avian species increase the risk of reassortment and adaptation to humans. The ability to contain its spread in birds would reduce this threat and help maintain the capacity for egg-based vaccine production. This technology describes DNA vaccines against avian influenza. These vaccines were used to elicit antibodies in animals that were effective against homologous and heterologous H5 challenge studies. One vaccine, a trivalent combination of H5 immunogens, was particularly effective in conferring protection. These vaccines can be delivered intramuscularly or through needle-free delivery mechanism. *Applications:* Avian influenza vaccine specifically designed for poultry and other avian species. *Advantages:* Protects against homologous and heterologous challenges; Needle-free delivery elicits robust immune response. *Development Status:* Animal (mouse and chicken) data available. *Inventors:* Gary Nabel, Srinivas Rao, Wing-pui Kong, Zhi-yong Yang, and Chih-jen Wei (VRC/NIAID). *Patent Status:* U.S. Provisional Application No. 61/021,586 filed 16 Jan 2008 (HHS Reference No. E-050-2008/0-US-01). U.S. Provisional Application No. 61/023,341 filed 24 Jan 2008 (HHS Reference No. E-050-2008/1-US-01). U.S. Patent No. 7,094,598 issued 22 Aug 2006 (HHS Reference No. E-241-2001/1-US-01) and associated foreign rights (CMV/R vector). *Licensing Status:* Available for exclusive or non-exclusive licensing; CMV/R vector is available on a non-exclusive basis only. *Licensing Contact:* Susan Ano, Ph.D.; 301-435-5515; *anos@mail.nih.gov.* Codon Optimized Genes for Subunit Vaccines *Description of Technology:* Available for licensing from the NIH are gene constructs that express immunogenic proteins based on viral genes that have been optimized for expression in mammalian cells. Using vaccine vectors expressing respiratory syncytial virus

(RSV)proteins from the optimized genes, this technology was shown to result in a potent RSV-specific cellular immune responses with favorable phenotypic patterns. This technology was shown to generate a superior immune (both humoral and cellular) response when utilized as part of a heterologous vector prime-boost regimen. Such optimized genes could be an important component of an effective RSV vaccine. Further, this optimization could have possible application of to other viral genes and their respective vaccines. *Applications:* Vaccines; Improved protein expression. *Development Status:* Animal (mouse) data available. *Inventors:* Barney S. Graham and Teresa R. Johnson (VRC/NIAID). *Patent Status:* U.S. Provisional Application No. 60/872,071 filed 30 Nov 2006 (HHS Reference No. E-326-2006/0-US-01). PCT Application No. PCT/US2007/024625 filed 30 Nov 2007 (HHS Reference No. E-326-2006/1-PCT-01). *Licensing Status:* Available for non-exclusive or exclusive licensing. *Licensing Contact:* Susan Ano, Ph.D.; 301-435-5515; *anos@mail.nih.gov.* Dated: March 25, 2008. Steven M. Ferguson, Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health. [FR Doc. E8-6893 Filed 4-2-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; Notice of Meeting Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the AIDS Research Advisory Committee, NIAID. The meeting will be open to the public, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. *Name of Committee:* AIDS Research Advisory Committee, NIAID; AIDS Vaccine Research Subcommittee. *Date:* May 30, 2008. *Time:* 8:30 a.m. to 5 p.m. *Agenda:* To discuss the implication of recent vaccine trial results for future HIV vaccine development. *Place:* Betheda North Marriott Hotel and Conference Center, 5701 Marinelli Road, Rockville, MD 20852. *Contact Person:* James A. Bradac, PhD, Program Official, Preclinical Research and Development Branch, Division of AIDS, Room 5116, National Institutes of Health/NIAID, 6700B Rockledge Drive, Bethesda, MD 20892-7628, 301-435-3754, *jbradac@mail.nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS) Dated: March 26, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-6711 Filed 4-2-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasions of personal privacy. *Notice of Committee:* Center for Scientific Review Emphasis Panel; Urology PAR Applications. *Date:* April 17, 2008. *Time:* 4 p.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call). *Contact Person:* Ryan G. Morris, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4205, MSC 7814, Bethesda, MD 20892, 301-435-1501, *morrisr@csr.nih.gov.* This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* Center for Scientific Review Special Emphasis Panel; Nephrology Applications PAR06-113. *Date:* April 21, 2008. *Time:* 4 p.m. to 6 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call). *Contact Person:* Ryan G. Morris, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4205, MSC 7814, Bethesda, MD 20892, 301-435-1501, *morrisr@csr.nih.gov.* This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* Center for Scientific Review Special Emphasis Panel; Oncology Area. *Time:* 11:30 a.m. to 2 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call). *Contact Person:* Lambratu Rahman, PhD, Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6214, MSC 7804, Bethesda, MD 20892, 301-451-3493, *rahmanl@csr.nih.gov.* *Name of Committee:* Center for Scientific Review Special Emphasis Panel; Multiscale Modeling. *Date:* May 21, 2008. *Time:* 8 a.m. to 6 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Georgetown Suites, 111 30th Street, NW., Washington, DC 20007. *Contact Person:* Malgorzata Kloesk, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4188, MSC 7849, Bethesda, MD 20892, 301-435-2211, *klosekm@csr.nih.gov.* *Name of Committee:* Integrative, Functional and Cognitive Neuroscience; Integrated Review Group, Cognitive Neuroscience Study Section. *Date:* May 27-28, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814. *Contact Person:* Judith A. Finkelstein, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5178, MSC 7844, Bethesda, MD 20892, 301-435-1249, *finkelsj@csr.nih.gov.* *Name of Committee:* Molecular, Cellular and Developmental Neuroscience Integrated Review Group; Neural Oxidative Metabolism and Death Study Section. *Date:* May 28-29, 2008. *Time:* 8 a.m. to 6 p.m. *Agenda:* To review and evaluate grant applications. *Place:* The Drake Hotel, 140 East Walton Place, Chicago, IL 60611. *Contact Person:* Carol Hamelink, PhD, Scientific Review Administrator, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5040H, MSC 7850, Bethesda, MD 20892, 301-435-1328, *hamelinc@csr.nih.gov.* *Name of Committee:* Center for Scientific Review Special Emphasis Panel; Neuropsychiatric Mechanisms, Models and Pharmacology. *Date:* May 29, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* The Fairmont Washington, DC, 2401 M Street, NW., Washington, DC 20037. *Contact Person:* Boris P. Sokolov, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5217A, MSC 7846, Bethesda, MD 20892, 301-435-1197, *bsokolov@csr.nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.392, 93.893, National Institutes of Health, HHS) Dated: March 26, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-6713 Filed 4-2-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Heart, Lung and Blood Institute; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Heart, Lung, and Blood Institute Special Emphasis Panel; Resource Related Research Project (U24). *Date:* April 22, 2008. *Time:* 2 p.m. to 4 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call). *Contact Person:* Patricia A. Haggerty, PhD, Scientific Review Administrator, Review Branch/DERA, National Heart, Lung, and Blood Institute, 6701 Rockledge Drive, Room 7194, Bethesda, MD 20892-7924, 301-435-0288, *haggertp@nhlbi.nih.gov.* *Name of Committee:* National Heart, Lung, and Blood Institute Special Emphasis Panel; Pathway to Independence Award (K99). *Date:* April 29, 2008. *Time:* 1:30 p.m. to 3:30 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call). *Contact Person:* William J. Johnson, PhD, Scientific Review Officer, Review Branch/DERA, National Heart, Lung, and Blood Institute, 6701 Rockledge Drive, Room 7178, Bethesda, MD 20892-7924, 301-435-0725, *johnsonw@nhlbi.nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS) Dated: March 26, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-6702 Filed 4-2-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended AGENCY: Office of the Secretary, Department of Homeland Security. ACTION: Notice of determination. SUMMARY: The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border of the United States. DATES: This Notice is effective on April 3, 2008. *Determination and Waiver:* I have a mandate to achieve and maintain operational control of the borders of the United States. Public Law 109-367, § 2, 120 Stat. 2638, 8 U.S.C. 1701 note. Congress has provided me with a number of authorities necessary to accomplish this mandate. One of these authorities is found at section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). Public Law 104-208, Div. C, 110 Stat. 3009-546, 3009-554 (Sept. 30, 1996) (8 U.S.C 1103 note), as amended by the REAL ID Act of 2005, Public Law 109-13, Div. B, 119 Stat. 231, 302, 306 (May 11, 2005) (8 U.S.C. 1103 note), as amended by the Secure Fence Act of 2006, Public Law 109-367, § 3, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1103 note), as amended by the Department of Homeland Security Appropriations Act, 2008, Public Law 110-161, Div. E, Title V, Section 564, 121 Stat. 2090 (Dec. 26, 2007). In Section 102(a) of IIRIRA, Congress provided that the Secretary of Homeland Security shall take such actions as may be necessary to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States. In Section 102(b) of IIRIRA, Congress has called for the installation of fencing, barriers, roads, lighting, cameras, and sensors on not less than 700 miles of the southwest border, including priority miles of fencing that must be completed by December 2008. Finally, in section 102(c) of the IIRIRA, Congress granted to me the authority to waive all legal requirements that I, in my sole discretion, determine necessary to ensure the expeditious construction of barriers and roads authorized by section 102 of IIRIRA. I determine that the areas in the vicinity of the United States border described on the attached document, which is incorporated and made a part hereof, are areas of high illegal entry (collectively “Project Areas”). These Project Areas are located in the States of California, Arizona, New Mexico, and Texas. In order to deter illegal crossings in the Project Areas, there is presently a need to construct fixed and mobile barriers (such as fencing, vehicle barriers, towers, sensors, cameras, and other surveillance, communication, and detection equipment) and roads in the vicinity of the border of the United States. In order to ensure the expeditious construction of the barriers and roads that Congress prescribed in the IIRIRA in the Project Areas, which are areas of high illegal entry into the United States, I have determined that it is necessary that I exercise the authority that is vested in me by section 102(c) of the IIRIRA as amended. Accordingly, I hereby waive in their entirety, with respect to the construction of roads and fixed and mobile barriers (including, but not limited to, accessing the project area, creating and using staging areas, the conduct of earthwork, excavation, fill, and site preparation, and installation and upkeep of fences, roads, supporting elements, drainage, erosion controls, safety features, surveillance, communication, and detection equipment of all types, radar and radio towers, and lighting) in the Project Areas, all federal, state, or other laws, regulations and legal requirements of, deriving from, or related to the subject of, the following laws, as amended: The National Environmental Policy Act (Pub. L. 91-190, 83 Stat. 852 (Jan. 1, 1970) (42 U.S.C. 4321 *et seq.* )), the Endangered Species Act (Pub. L. 93-205, 87 Stat. 884 (Dec. 28, 1973) (16 U.S.C. 1531 *et seq.* )), the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act) (33 U.S.C. 1251 *et seq.* )), the National Historic Preservation Act (Pub. L. 89-665, 80 Stat. 915 (Oct. 15, 1966) (16 U.S.C. 470 *et seq.* )), the Migratory Bird Treaty Act (16 U.S.C. 703 *et seq.* ), the Clean Air Act (42 U.S.C. 7401 *et seq.* ), the Archeological Resources Protection Act (Pub. L. 96-95, 16 U.S.C. 470aa *et seq.* ), the Safe Drinking Water Act (42 U.S.C. 300f *et seq.* ), the Noise Control Act (42 U.S.C. 4901 *et seq.* ), the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. 6901 *et seq.* ), the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 *et seq.* ), the Archaeological and Historic Preservation Act (Pub. L. 86-523, 16 U.S.C. 469 *et seq.* ), the Antiquities Act (16 U.S.C. 431 *et seq.* ), the Historic Sites, Buildings, and Antiquities Act (16 U.S.C. 461 *et seq.* ), the Wild and Scenic Rivers Act (Pub. L. 90-542, 16 U.S.C. 1281 *et seq.* ), the Farmland Protection Policy Act (7 U.S.C. 4201 *et seq.* ), the Coastal Zone Management Act (Pub. L. 92-583, 16 U.S.C. 1451 *et seq.* ), the Wilderness Act (Pub. L. 88-577, 16 U.S.C. 1131 *et seq.* ), the Federal Land Policy and Management Act (Pub. L. 94-579, 43 U.S.C. 1701 *et seq.* ), the National Wildlife Refuge System Administration Act (Pub. L. 89-669, 16 U.S.C. 668dd-668ee), the Fish and Wildlife Act of 1956 (Pub. L. 84-1024, 16 U.S.C. 742a, *et seq.* ), the Fish and Wildlife Coordination Act (Pub. L. 73-121, 16 U.S.C. 661 *et seq.* ), the Administrative Procedure Act (5 U.S.C. 551 *et seq.* ), the Otay Mountain Wilderness Act of 1999 (Pub. L. 106-145), Sections 102(29) and 103 of Title I of the California Desert Protection Act (Pub. L. 103-433), 50 Stat. 1827, the National Park Service Organic Act (Pub. L. 64-235, 16 U.S.C. 1, 2-4), the National Park Service General Authorities Act (Pub. L. 91-383, 16 U.S.C. 1a-1 *et seq.* ), Sections 401(7), 403, and 404 of the National Parks and Recreation Act of 1978 (Pub. L. 95-625), Sections 301(a)-(f) of the Arizona Desert Wilderness Act (Pub. L. 101-628), the Rivers and Harbors Act of 1899 (33 U.S.C. 403), the Eagle Protection Act (16 U.S.C. 668 *et seq.* ), the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 *et seq.* ), the American Indian Religious Freedom Act (42 U.S.C. 1996), the Religious Freedom Restoration Act (42 U.S.C. 2000bb), the National Forest Management Act of 1976 (16 U.S.C. 1600 *et seq.* ), and the Multiple Use and Sustained Yield Act of 1960 (16 U.S.C. 528-531). This waiver does not supersede, supplement, or in any way modify the previous waivers published in the **Federal Register** on September 22, 2005 (70 FR 55622), January 19, 2007 (72 FR 2535), and October 26, 2007 (72 FR 60870). I reserve the authority to make further waivers from time to time as I may determine to be necessary to accomplish the provisions of section 102 of the IIRIRA, as amended. Dated: April 1, 2008. Michael Chertoff, Secretary. [FR Doc. 08-1095 Filed 4-1-08; 2:03 pm]

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