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Code · REGISTER · 2008-04-15 · Coast Guard, DHS · Notices

Notices. Notice of proposed rulemaking

83,747 words·~381 min read·/register/2008/04/15/08-1129·

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

BILLING CODE 4830-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2008-0180] RIN 1625-AA00 Safety Zone; Patapsco River, Northwest and Inner Harbors, Baltimore, MD AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. SUMMARY: The Coast Guard proposes to establish a temporary safety zone upon certain waters of the Patapsco River, Northwest Harbor and Inner Harbor during the movements of the historic sloop-of-war USS CONSTELLATION. This action is necessary to provide for the safety of life on navigable waters during two tows of the vessel in Baltimore, Maryland; one from its berth at Baltimore's Inner Harbor to a berth at the South Locust Point Marine Terminal, and the other from the South Locust Point Marine Terminal to its berth at Baltimore's Inner Harbor.
This action will restrict vessel traffic in portions of the Patapsco River, Northwest Harbor, and Inner Harbor during these events. DATES: Comments and related material must reach the Coast Guard on or before May 30, 2008. ADDRESSES: You may submit comments identified by Coast Guard docket number USCG-2008-0180 to the Docket Management Facility at the U.S. Department of Transportation. To avoid duplication, please use only one of the following methods:
(1)Online: *http://www.regulations.gov.*
(2)Mail: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
(3)Hand delivery: Room W12-140 on the Ground Floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.
(4)Fax: 202-493-2251. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call Mr. Ronald Houck, at Coast Guard Sector Baltimore, Waterways Management Division, at telephone number
(410)576-2674 or
(410)576-2693. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826. SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to *http://www.regulations.gov* and will include any personal information you have provided. We have an agreement with the Department of Transportation
(DOT)to use the Docket Management Facility. Please see DOT's “Privacy Act” paragraph below. Submitting comments If you submit a comment, please include the docket number for this rulemaking (USCG-2008-0180), indicate the specific section of this document to which each comment applies, and give the reason for each comment. We recommend that you include your name and a mailing address, an e-mail address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. You may submit your comments and material by electronic means, mail, fax, or delivery to the Docket Management Facility at the address under ADDRESSES ; but please submit your comments and material by only one means. If you submit them by mail or delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them. Viewing comments and documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to *http://www.regulations.gov* at any time. Enter the docket number for this rulemaking (USCG-2008-0180) in the Search box, and click “Go >>.” You may also visit either the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays; or the Commander, U.S. Coast Guard Sector Baltimore, 2401 Hawkins Point Road, Building 70, Waterways Management Division, Baltimore, Maryland, 21226-1791 between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. Privacy Act Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Department of Transportation's Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477), or you may visit *http://DocketsInfo.dot.gov* . Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one to the Docket Management Facility at the address under ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the **Federal Register** . Background and Purpose The USS CONSTELLATION Museum is planning to conduct a ceremony in the Port of Baltimore, Maryland, involving the sloop-of-war USS CONSTELLATION on Friday, August 8, 2008. Scheduled events include a four-hour tow of the USS CONSTELLATION beginning at 6 p.m., from its berth at Pier 1 Inner Harbor to the Locust Point Cruise Ship Terminal berth at the South Locust Point Marine Terminal, with an onboard salute with navy pattern cannon while the historic vessel is positioned off Fort McHenry National Monument and Historic Site. A one-hour return tow of the CONSTELLATION is scheduled for Sunday, August 10, 2008. Departure from the Locust Point Cruise Ship Terminal will occur at 7 a.m. and arrival at Pier 1 Inner Harbor at 8 a.m. For both tows, the historic Sloop-of-War USS CONSTELLATION will be towed “dead ship,” which means that the vessel will be underway without the benefit of mechanical or sail propulsion. While berthed at the Locust Point Cruise Ship Terminal, the vessel will participate in the commissioning ceremonies for the U.S. Navy's new Arleigh Burke class Aegis guided missile destroyer USS STERETT, DDG 104. The Coast Guard anticipates a large recreational boating fleet during these events, scheduled on a weekend during the summer in Baltimore, Maryland. Operators should expect significant vessel congestion along the planned route. The purpose of this proposed rule is to promote maritime safety and protect participants and the boating public in the Port of Baltimore immediately prior to, during, and after the scheduled event. The proposed rule will provide for a clear transit route for the participating vessels, and provide a safety buffer around the participating vessels while they are in transit. The proposed rule will impact the movement of all vessels operating upon certain waters of the Patapsco River, Northwest Harbor and Inner Harbor. Discussion of Proposed Rule The historic sloop-of-war USS CONSTELLATION is scheduled to be towed “dead ship” on August 8, 2008 and on August 10, 2008. The CONSTELLATION is scheduled to be towed within the Port of Baltimore, Maryland, from its berth at Pier 1 in Baltimore's Inner Harbor to the Locust Point Cruise Ship Terminal, at South Locust Point Marine Terminal, along a one-way, planned route of approximately four nautical miles, which includes specified waters of the Patapsco River, Northwest Harbor and Inner Harbor. The safety of dead ship tow participants requires that persons and vessels be kept at a safe distance from the intended route during this evolution. The Coast Guard proposes to establish a temporary moving safety zone around the USS CONSTELLATION dead ship tow participants for all waters within 200 yards ahead of, 100 yards outboard and 100 yards aft of the historic Sloop-of-War USS CONSTELLATION while operating in the Inner Harbor, the Northwest Harbor and the Patapsco River on August 8, 2008 and on August 10, 2008, to ensure the safety of participants and spectators immediately prior to, during, and following the dead ship tows. Interference with normal port operations will be kept to the minimum considered necessary to ensure the safety of life on the navigable waters immediately before, during, and after the scheduled event. Regulatory Evaluation We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analysis based on 13 of these statutes or executive orders. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. This proposed rule would affect the following entities, some of which might be small entities: The owners or operators of vessels intending to operate, remain or anchor within certain waters of the Patapsco River, Northwest Harbor and Inner Harbor, in Baltimore, Maryland, from 5 p.m. through 11 p.m. on August 8, 2008 and from 6 a.m. through 11 a.m. on August 10, 2008. Because the zone is of limited size and duration, it is expected that there will be minimal disruption to the maritime community. Before the effective period, the Coast Guard will issue maritime advisories widely available to users of the river and harbors to allow mariners to make alternative plans for transiting the affected areas. In addition, smaller vessels not constrained by their draft, which are more likely to be small entities, may transit around the safety zone. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES ) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact Mr. Ronald Houck, at Coast Guard Sector Baltimore, Waterways Management Division, at telephone number
(410)576-2674 or
(410)576-2693. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Commandant Instruction M16475.lD which guides the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is not likely to have a significant effect on the human environment. A preliminary “Environmental Analysis Check List” supporting this preliminary determination is available in the docket where indicated under ADDRESSES . We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. Words of Issuance and Proposed Regulatory Text For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T08-019 to read as follows: § 165.T08-019 Safety Zone; Patapsco River, Northwest and Inner Harbors, Baltimore, MD.
(a)*Definitions.* For the purposes of this section:
(1)*Captain of the Port, Baltimore, Maryland* means the Commander, Coast Guard Sector Baltimore or any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port, Baltimore, Maryland to act on his or her behalf.
(2)*USS CONSTELLATION “turn-around” participants* means the USS CONSTELLATION, its support craft and the accompanying towing vessels.
(b)*Location.* The following area is a moving safety zone: all waters within 200 yards ahead of, 100 yards outboard and 100 yards aft of the historic Sloop-of-War USS CONSTELLATION, surface to bottom, while operating in the Inner Harbor, the Northwest Harbor and the Patapsco River.
(c)*Regulations:*
(1)The general regulations governing safety zones, found in § 165.23, apply to the safety zone described in paragraph
(b)of this section.
(2)With the exception of USS CONSTELLATION “turn-around” participants, entry into or remaining in this zone is prohibited, unless authorized by the Captain of the Port, Baltimore, Maryland.
(3)Persons or vessels requiring entry into or passage through the moving safety zone must first request authorization from the Captain of the Port, Baltimore, Maryland to seek permission to transit the area. The Captain of the Port, Baltimore, Maryland can be contacted at telephone number
(410)576-2693. The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio VHF Channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the person or vessel shall proceed as directed. If permission is granted, all persons or vessels must comply with the instructions of the Captain of the Port, Baltimore, Maryland, and proceed at the minimum speed necessary to maintain a safe course while within the zone.
(d)Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the zone by Federal, State and local agencies. This section will be enforced from 5 p.m. through 11 p.m. on August 8, 2008 and from 6 a.m. through 11 a.m. on August 10, 2008. Dated: March 21, 2008. Brian D. Kelley, Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland. [FR Doc. E8-7938 Filed 4-14-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2008-0189] RIN 1625-AA00 Safety Zones; Fireworks Displays Within the Fifth Coast Guard District AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. SUMMARY: The Coast Guard proposes to revise the list of permanent safety zones established for fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. This action is necessary to protect the life and property of the maritime public from the hazards posed by fireworks displays. Entry into or movement within these proposed zones during the enforcement periods is prohibited without approval of the appropriate Captain of the Port. DATES: Comments and related material must reach the Coast Guard on or before May 15, 2008. ADDRESSES: You may submit comments identified by Coast Guard docket number USCG-2008-0189 to the Docket Management Facility at the U.S. Department of Transportation. To avoid duplication, please use only one of the following methods:
(1)*Online: http://www.regulations.gov.*
(2)*Mail:* Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
(3)*Hand delivery:* Room W12-140 on the Ground Floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.
(4)*Fax:* 202-493-2251. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call Dennis Sens, Project Manager, Fifth Coast Guard District, Prevention Division, Inspections and Investigations Branch, at
(757)398-6204. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826. SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to *http://www.regulations.gov* and will include any personal information you have provided. We have an agreement with the Department of Transportation
(DOT)to use the Docket Management Facility. Please see DOT's “Privacy Act” paragraph below. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG-2008-0189), indicate the specific section of this document to which each comment applies, and give the reason for each comment. We recommend that you include your name and a mailing address, an e-mail address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. You may submit your comments and material by electronic means, mail, fax, or delivery to the Docket Management Facility at the address under ADDRESSES ; but please submit your comments and material by only one means. If you submit them by mail or delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to *http://www.regulations.gov* at any time, click on “Search for Dockets,” and enter the docket number for this rulemaking (USCG-2008-0189) in the Search box, and click “Go>>.” You may also visit either the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays; or the Commander (dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, Virginia 23704-5004 between 9 a.m. and 2 p.m., Monday through Friday, except Federal holidays. Privacy Act Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Department of Transportation's Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477), or you may visit *http://DocketsInfo.dot.gov.* Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one to the Docket Management Facility at the address under ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the **Federal Register** . Background and Purpose The Coast Guard proposes to revise the list of permanent safety zones at 33 CFR 165.506, established for fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. For a description of the geographical area of the Fifth District and subordinate Coast Guard Sectors—Captain of the Port Zones, please see 33 CFR 3.25. Currently there are 49 permanent safety zones established that are enforced for fireworks displays occurring throughout the year that are held on an annual basis and normally in one of these 49 locations. The Coast Guard proposes to revise the list of permanent safety zones at 33 CFR 165.506, established for fireworks displays, by adding 22 new locations and modifying 4 previously established locations within the geographic boundary of the Fifth Coast Guard District. This rule will increase the total number of permanent safety zones to 71 locations for fireworks displays within the boundary of the Fifth Coast Guard District. This rule proposes to add 22 new safety zone locations to the permanent safety zones listed in 33 CFR 165.506. The new safety zones are listed in the following table. Table of Proposed Fireworks Safety Zones 1. Delaware River, Chester, PA. 2. Delaware River, Marcus Hook, PA. 3. North Atlantic Ocean, Avalon, NJ. 4. Barnegat Bay, Barnegat Township, NJ. 5. North Atlantic Ocean, Cape May, NJ. 6. Great Egg Harbor Inlet, Margate City, NJ. 7. North Atlantic Ocean, Ocean City, NJ. 8. North Atlantic Ocean, Bethany Beach, DE. 9. Baltimore Inner Harbor, Patapsco River, MD. 10. Potomac River, Charles County, MD. 11. Potomac River, National Harbor, MD. 12. Patuxent River, Calvert County, MD. 13. Patuxent River, Solomons Island, Calvert County, MD. 14. Appomattox River, Hopewell, VA. 15. John H. Kerr Reservoir, Clarksville, VA 16. Chesapeake Bay, Hampton, VA. 17. Atlantic Ocean, Virginia Beach, VA, Safety Zone. B. 18. Atlantic Ocean, Virginia Beach, VA, Safety Zone. C. 19. Nansemond River, Suffolk, VA. 20. James River, Williamsburg, VA. 21. Motts Channel, Banks Channel, Wrightsville Beach, NC. 22. New River, Jacksonville, NC. The previously established safety zone locations proposed for modification by this rule are: Potomac River, Charles County, MD; Northwest Harbor (West Channel) Patapsco River, MD; Delaware River, Essington, PA; and Atlantic Ocean, Virginia Beach, VA, safety zone A. The Coast Guard typically receives numerous applications in these areas for fireworks displays. Previously a temporary safety zone was usually established on an emergency basis for each display. This limited the opportunity for public comment. Establishing permanent safety zones through notice and comment rulemaking provides the public the opportunity to comment on the zone locations, size and length of time the zones will be enforced. Each year organizations in the Fifth Coast Guard District sponsor fireworks displays in the same general location and time period. Each event uses a barge or an on-shore site near the shoreline as the fireworks launch platform. A safety zone is used to control vessel movement within a specified distance surrounding the launch platforms to ensure the safety of persons and property. Coast Guard personnel on scene could allow persons within the safety zone if conditions permit. The Coast Guard would publish notices in the **Federal Register** if an event sponsor reported a change to the listed event venue or date. In the case of inclement weather the event usually will be conducted on the day following the date listed in the Table to § 165.506. Coast Guard Captains of the Port would give notice of the enforcement of each safety zone by all appropriate means to provide the widest publicity among the affected segments of the public. This would include publication in the Local Notice to Mariners and Marine Information Broadcasts. Marine information and facsimile broadcasts may also be made for these events, beginning 24 to 48 hours before the event is scheduled to begin, to notify the public. Fireworks barges or launch sites on land used in the locations stated in this rulemaking would also display a sign. The sign would be affixed to the port and starboard side of the barge or mounted on a post 3 foot above ground level when on land and in close proximity to the shoreline facing the water labeled “FIREWORKS—DANGER—STAY AWAY”. This would provide on scene notice that the safety zone is or will be enforced on that day. This notice will consist of a diamond shaped sign 4 foot by 4 foot with a 3-inch orange retro-reflective border. The word “DANGER” shall be 10 inch black block letters centered on the sign with the words “FIREWORKS” and “STAY AWAY” in 6 inch black block letters placed above and below the word “DANGER” respectively on a white background. There would also be a Coast Guard patrol vessel on scene 30 minutes before the display is scheduled to start until 30 minutes after its completion to enforce the safety zone. The enforcement period for these proposed safety zones is from 5:30 p.m. to 1 a.m. local time. However, vessels may enter, remain in, or transit through these safety zones during this timeframe if authorized by the Captain of the Port or designated Coast Guard patrol personnel on scene, as provided for in 33 CFR 165.23. This rule is being proposed to provide for the safety of life on navigable waters during the events and to give the marine community the opportunity to comment on the proposed zone locations, size, and length of time the zones will be active. Discussion of Proposed Rule
(a)The Coast Guard proposes to revise the regulations at 33 CFR 165.506 by adding the following 22 permanent safety zone locations. All coordinates listed for the following safety zones reference Datum NAD 1983. Delaware River, Chester, PA, Safety Zone All waters of the Delaware River near Chester, PA just south of the Commodore Barry Bridge within a 250 yards radius of the fireworks barge located in approximate position latitude 39°43′2″ N, longitude 075°22′42″ W. Delaware River, Marcus Hook, PA, Safety Zone All waters of the Delaware River near Marcus Hook, PA adjacent to the Marcus Hook Municipal Park, in approximate position latitude 39°48′40.2″ N, longitude 075°24′36.6″ W. North Atlantic Ocean, Avalon, NJ, Safety Zone The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 39°05′31″ N, longitude 074°43′00″ W, in the vicinity of the shoreline at Avalon, NJ. Barnegat Bay, Barnegat Township, NJ, Safety Zone The waters of Barnegat Bay within a 500 yard radius of the fireworks barge in approximate position latitude 39°44′50″ N, longitude 074°11′21″ W, approximately 500 yards north of Conklin Island, NJ. North Atlantic Ocean, Cape May, NJ, Safety Zone The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 38°55′36″ N, longitude 074°55′26″ W, immediately adjacent to the shoreline at Cape May, NJ. Great Egg Harbor Inlet, Margate City, NJ, Safety Zone All waters within a 500 yard radius of the fireworks barge in approximate location latitude 39°19′32.50″ N, longitude 074°31′27.54″ W, on the Intracoastal Waterway near Margate City, NJ. North Atlantic Ocean, Ocean City, NJ, Safety Zone The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 39°16′22″ N, longitude 074°33′54″ W, approximately 500 yards east of the shoreline at Ocean City, NJ. North Atlantic Ocean, Bethany Beach, DE, Safety Zone The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate position latitude 38°32′17.8″ N, longitude 075°02′59.1″ W, adjacent to shoreline of Bethany Beach, DE. Baltimore Inner Harbor, Patapsco River, MD, Safety Zone The waters of the Patapsco River within a 100 yard radius of approximate position latitude 39°17′03″ N, longitude 076°36′36″ W, located in Baltimore Inner Harbor, approximately 150 yards southeast of pier 1. Potomac River, Charles County, MD,—Mount Vernon Safety Zone All waters of the Potomac River within a 300 yard radius of the fireworks launch site near the Mount Vernon Estate, in Fairfax County, Virginia, located at latitude 38°42′24″ N, longitude 077°04′56″ W. Potomac River, National Harbor, MD, Safety Zone All waters of the Potomac River within an area bound by a line drawn from the following points: latitude 38°47′18″ N, longitude 077°01′01″ W; thence to latitude 38°47′11″ N, longitude 077°01′26″ W; thence to latitude 38°47′25″ N, longitude 077°01′33″ W; thence to latitude 38°47′32″ N, longitude 077°01′08″ W; thence to the point of origin, located at National Harbor, Maryland. Patuxent River, Calvert County, MD, Safety Zone All waters of the Patuxent River within a 280 yard radius of the fireworks barge in approximate position latitude 38°19′06.6′ N, longitude 076°26′10.1″; W, approximately 1450 yards west of Drum Point, MD. Patuxent River, Solomons Island, Calvert County, MD Safety Zone All waters of the Patuxent River within a 400 yard radius of the fireworks barge located at latitude 38°19′03″ N, longitude 076°26′07.6″ W. Appomattox River, Hopewell, VA, Safety Zone All waters of the Appomattox River within a 400 yard radius of the fireworks barge in approximate position latitude 37°19′11″ N, longitude 077°16′55 ′ W. John H. Kerr Reservoir, Clarksville, VA, Safety Zone All waters of John H. Kerr Reservoir within a 400 yard radius of approximate position latitude 36°37′51″ N, longitude 078°32′50″ W, located near the south end of the State Route 15 Highway Bridge. Chesapeake Bay, Hampton, VA, Safety Zone All waters of the Chesapeake Bay within a 350 yard radius of approximate position latitude 37°02′23″ N, longitude 076°17′22″ W, located near Buckroe Beach. Atlantic Ocean, VA Beach, VA, Safety Zone. B All waters of the Atlantic Ocean within a 350 yard radius of approximate position latitude 36°50′35″ N, longitude 075°58′09″ W, located on the 14th Street Fishing Pier. Atlantic Ocean, VA Beach, VA, Safety Zone. C All waters of the Atlantic Ocean within a 350 yard radius of approximate position latitude 36°49′55″ N, longitude 075°58′00″ W, located off the beach between 2nd and 6th streets. Nansemond River, Suffolk, VA, Safety Zone All waters of the Nansemond River within a 350 yard radius of approximate position latitude 36°44′27″ N, longitude 076°34′42″ W, located near Constant's Wharf in Suffolk, VA. James River, Williamsburg, VA, Safety Zone All waters of the James River within a 350 yard radius of approximate position latitude 37°13′23.3″ N, longitude 076°40′11.8″; W, located near Kingsmill Resort. Motts Channel, Banks Channel, Wrightsville Beach, NC, Safety Zone All waters of Motts Channel within a 500-yard radius of the fireworks launch site in approximate position latitude 34°12′42″ N, longitude 077°48′26″ W, located southwest of Harbor Island. New River, Jacksonville, NC, Safety Zone All waters of the New River within a 300-yard radius of the fireworks launch site in approximate position latitude 34°44′45″ N, longitude 077°26′18″ W, approximately one half mile south of the Hwy 17 Bridge, Jacksonville, North Carolina.
(b)The Coast Guard proposes to revise regulations at 33 CFR 165.506 by modifying 4 existing permanent safety zone locations as follows. All coordinates listed for the following safety zones reference Datum NAD 1983. Potomac River, Charles County, MD, Safety Zone All waters of the Potomac River within a 300-yard radius of the fireworks barge in approximate position latitude 38°20′18″ N, longitude 077°15′00″ W, approximately 700-yards north of the shoreline at Fairview Beach, Virginia. Northwest Harbor (West Channel) Patapsco River, MD, Safety Zone All waters of the Patapsco River within a 300-yard radius of the fireworks barge in approximate position latitude 39°16′21″ N, longitude 076°34′38″ W, located adjacent to the West Channel of Northwest Harbor. Delaware River, Essington, PA, Safety Zone All the waters of the Delaware River near Essington, PA, west of Little Tinicum Island within a 250-yard radius of the fireworks barge located in the approximate position latitude 39°51′18″ N, longitude 075°18′57″ W. Atlantic Ocean, Virginia Beach, VA, Safety Zone. A All waters of the Atlantic Ocean within a 360-yard radius of the center located near the shoreline at approximate position latitude 36°51′12″ N, longitude 075°58′23″ W, located off the beach between 24th and 25th streets. Regulatory Evaluation This proposed rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. This finding is based on the short amount of time that vessels would be restricted from the zones, and the small zone sizes positioned in low vessel traffic areas. Vessels would not be precluded from getting underway, or mooring at any piers or marinas currently located in the vicinity of the proposed safety zones. Advance notifications would also be made to the local maritime community by issuing Local Notice to Mariners, Marine information and facsimile broadcasts so mariners can adjust their plans accordingly. Notifications to the public for most events will usually be made by local newspapers, radio and TV stations. The Coast Guard anticipates that these safety zones will only be enforced 2 to 3 times per year. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities some of which may be small entities: The owners and operators of vessels intending to transit or anchor in the proposed safety zones during the times these zones are enforced. These proposed safety zones will not have a significant economic impact on a substantial number of small entities for the following reasons: The enforcement period will be short in duration and in many of the zones vessels can transit safely around the safety zones. Generally, blanket permission to enter, remain in, or transit through these safety zones will be given except during the period that the Coast Guard patrol vessel is present. Before the enforcement period, we will issue maritime advisories widely. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES ) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Commandant Instruction M16475.lD which guides the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is not likely to have a significant effect on the human environment. A preliminary “Environmental Analysis Check List supporting this determination is available in the docket where indicated under the “public Participation and Request for Comments” section of this preamble. We seek any comments or information that may lead to discovery of a significant environmental impact from the proposed rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. Words of Issuance and Proposed Regulatory Text For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165— REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Revise § 165.506 to read as follows: § 165.506 Safety Zones; Fifth Coast Guard District Fireworks Displays.
(a)*Regulations.*
(1)The general regulations contained in 33 CFR 165.23 apply.
(2)The following regulations apply to the fireworks safety zones listed in the Table to § 165.506. These regulations will be effective annually, for the duration of each fireworks event listed in the Table to § 165.506. In the case of inclement weather the event may be conducted on the day following the date listed in the Table to § 165.506. Annual notice of the exact dates and times of the effective period of the regulation with respect to each safety zone, the geographical area, and other details concerning the nature of the fireworks event will be published in Local Notices to Mariners and via Broadcast Notice to Mariners over VHF-FM marine band radio.
(3)All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene-patrol personnel. Those personnel are comprised of commissioned, warrant, and petty officers of the U.S. Coast Guard. Other Federal, State and local agencies may assist these personnel in the enforcement of the safety zone. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light or other means, the operator of a vessel shall proceed as directed.
(b)Notification.
(1)Fireworks barges and launch sites on land that operate within the regulated areas contained in the Table to § 165.506 will have a sign affixed to the port and starboard side of the barge or mounted on a post 3 foot above ground level when on land immediately adjacent to the shoreline and facing the water labeled “FIREWORKS—DANGER—STAY AWAY”. This will provide on scene notice that the safety zone will be enforced on that day. This notice will consist of a diamond shaped sign 4 foot by 4 foot with a 3-inch orange retro reflective border. The word “DANGER” shall be 10 inch black block letters centered on the sign with the words “FIREWORKS” and “STAY AWAY” in 6 inch black block letters placed above and below the word “DANGER” respectively on a white background.
(2)Coast Guard Captains of the Port in the Fifth Coast Guard District will notify the public of the enforcement of these safety zones by all appropriate means to effect the widest publicity among the affected segments of the public. Publication in the Local Notice to Mariners, marine information broadcasts, and facsimile broadcasts may be made for these events, beginning 24 to 48 hours before the event is scheduled to begin, to notify the public.
(c)*Contact Information.* Questions about safety zones and related events should be addressed to the local Coast Guard Captain of the Port for the area in which the event is occurring. Contact information is listed below. For a description of the geographical area of each Coast Guard Sector—Captain of the Port zone, please see 33 CFR 3.25.
(1)Coast Guard Sector Delaware Bay—Captain of the Port Zone, Philadelphia, Pennsylvania:
(215)271-4944.
(2)Coast Guard Sector Baltimore—Captain of the Port Zone, Baltimore, Maryland:
(410)576-2525.
(3)Coast Guard Sector Hampton Roads—Captain of the Port Zone, Norfolk, Virginia:
(757)483-8567.
(4)Coast Guard Sector North Carolina—Captain of the Port Zone, Atlantic Beach, North Carolina:
(252)247-4545.
(5)Coast Guard Marine Safety Unit Wilmington—Cape Fear River Captain of the Port Zone, Wilmington, North Carolina:
(910)772-2200.
(d)*Enforcement Period.* The safety zones in the Table to § 165.506 will be enforced from 5:30 p.m. to 1 a.m. each day a barge with a “FIREWORKS—DANGER—STAY AWAY” sign on the port and starboard side is on-scene or a “FIREWORKS—DANGER—STAY AWAY” sign is posted on land adjacent to the shoreline, in a location listed in the Table to § 165.506. Vessels may not enter, remain in, or transit through the safety zones during these enforcement periods unless authorized by the Captain of the Port or designated Coast Guard patrol personnel on scene. Table to § 165.506.—All Coordinates Listed in the Table to § 165.506 Reference Datum NAD 1983 No. and date Location Regulated area Coast Guard Sector Delaware Bay—COTP Zone 1. July 4th North Atlantic Ocean, Bethany Beach, DE, Safety Zone The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate position latitude 38°32′17.8″ N, longitude 075°02′59.1″ W, adjacent to shoreline of Bethany Beach, DE. 2. Labor Day Indian River Bay, DE, Safety Zone All waters of the Indian River Bay within a 360 yard radius of the fireworks launch location on the pier in approximate position latitude 38°36′42″ N, longitude 075°08′18″ W, about 700 yards east of Pots Net Point, DE. 3. July 4th Atlantic Ocean, Rehoboth Beach, DE, Safety Zone All waters of the Atlantic Ocean within a 360 yard radius of the fireworks barge in approximate position latitude 38°43′01.2″ N, longitude 075°04′21″ W, approximately 400 yards east of Rehoboth Beach, DE. 4. July 4th North Atlantic Ocean, Avalon, NJ, Safety Zone The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 39°05′31″ N, longitude 074°43′00″ W, in the vicinity of the shoreline at Avalon, NJ. 5. July 4th, September—2nd Saturday Barnegat Bay, Barnegat Township, NJ, Safety Zone The waters of Barnegat Bay within a 500 yard radius of the fireworks barge in approximate position latitude 39°44′50″ N, longitude 074°11′21″ W, approximately 500 yards north of Conklin Island, NJ. 6. July 4th. North Atlantic Ocean, Cape May, NJ, Safety Zone The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 38°55′36″ N, longitude 074°55′26″ W, immediately adjacent to the shoreline at Cape May, NJ. 7. July 3rd Delaware Bay, North Cape May, NJ, Safety Zone All waters of the Delaware Bay within a 500 yard radius of the fireworks barge in approximate position latitude 38°58′00″ N, longitude 074°58′30″ W. 8. August—3rd Sunday Great Egg Harbor Inlet, Margate City, NJ, Safety Zone All waters within a 500 yard radius of the fireworks barge in approximate location latitude 39°19′32.50″ N, longitude 074°31′27.54″ W, on the Intracoastal Waterway near Margate City, NJ. 9. July 4th North Atlantic Ocean, Ocean City, NJ, Safety Zone The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks barge in approximate location latitude 39°16′22″ N, longitude 074°33′54″ W, approximately 500 yards east of the shoreline at Ocean City, NJ. 10. May—4th Saturday Barnegat Bay, Ocean Township, NJ, Safety Zone All waters of Barnegat Bay within a 500 yard radius of the fireworks barge in approximate position latitude 39°47′33″ N, longitude 074°10′46″ W. 11. July 4th Little Egg Harbor, Parker Island, NJ, Safety Zone All waters of Little Egg Harbor within a 500 yard radius of the fireworks barge in approximate position latitude 39°34′18″ N, longitude 074°14′43″ W, approximately 100 yards north of Parkers Island. 12. September—3rd Saturday Delaware River, Chester, PA, Safety Zone All waters of the Delaware River near Chester, PA, just south of the Commodore Barry Bridge within a 250 yard radius of the fireworks barge located in approximate position latitude 39°49′43.2″ N, longitude 075°22′42″ W. 13. September—3rd Saturday Delaware River, Essington, PA, Safety Zone All the waters of the Delaware River near Essington, PA, west of Little Tinicum Island within a 250 yard radius of the fireworks barge located in the approximate position latitude 39°51′18″ N, longitude 075°18′57″ W. 14. September—3rd Saturday Delaware River, Marcus Hook, PA, Safety Zone All waters of the Delaware River near Marcus Hook, PA, adjacent to the Marcus Hook Municipal Park, in approximate position latitude 39°48′40.2″ N, longitude 075°24′36.6″ W. 15. July 4th, Columbus Day, December 31st, January 1st Delaware River, Philadelphia, PA, Safety Zone All waters of Delaware River, adjacent to Penns Landing, Philadelphia, PA, bounded from shoreline to shoreline, bounded on the south by a line running east to west from points along the shoreline at latitude 39°56′31.2″ N, longitude 075°08′28.1″ W; thence to latitude 39°56′29.1″ N, longitude 075°07′56.5″ W, and bounded on the north by the Benjamin Franklin Bridge. Coast Guard Sector Baltimore—COTP Zone 16. April—1st Saturday Washington Channel, Upper Potomac River, Washington, DC, Safety Zone All waters of the Upper Potomac River within a 150 yard radius of the fireworks barge in approximate position latitude 38°52′09″ N, longitude 077°01′13″ W, located within the Washington Channel in Washington Harbor, DC. 17. July 4th, December—1st and 2nd Saturday, December 31st Severn River and Spa Creek, Annapolis, MD, Safety Zone All waters of the Severn River and Spa Creek within an area bounded by a line drawn from latitude 38°58′39.6″ N, longitude 076°28′49″ W; thence to latitude 38°58′41″ N, longitude 076°28′14″ W; thence to latitude 38°59′01″ N, longitude 076°28′37″ W; thence to latitude 38°58′57″ N, longitude 076°28′40″ W, located near the entrance to Spa Creek in Annapolis, Maryland. 18. Saturday before Independence Day holiday Middle River, Baltimore County, MD, Safety Zone All waters of the Middle River within a 300 yard radius of the fireworks barge in approximate position latitude 39°17′45″ N, longitude 076°23′49″ W, approximately 300 yards east of Rockaway Beach, near Turkey Point. 19. July 4th, December 31st Patapsco River (Middle Branch), Baltimore, MD, Safety Zone All waters of the Patapsco River, Middle Branch, within an area bound by a line drawn from the following points: latitude 39°15′22″ N, longitude 076°36′36″ W; thence to latitude 39°15′10″ N, longitude 076°36′00″ W; thence to latitude 39°15′40″ N, longitude 076°35′23″ W; thence to latitude 39°15′49″ N, longitude 076°35′47″ W; thence to the point of origin, located approximately 600 yards east of Hanover Street (SR-2) Bridge. 20. June 14th, July 4th, September—2nd Saturday, December 31st Northwest Harbor (East Channel), Patapsco River, MD, Safety Zone All waters of the Patapsco River within a 300 yard radius of the fireworks barge in approximate position 39°15′55″ N, 076°34′35″ W, located adjacent to the East Channel of Northwest Harbor. 21. May—3rd Friday, July 4th, December 31st Baltimore Inner Harbor, Patapsco River, MD, Safety Zone All waters of the Patapsco River within a 150 yard radius of the fireworks barge in approximate position latitude 39°16′55″ N, longitude 076°36′17″ W, located at the entrance to Baltimore Inner Harbor, approximately 150 yards southwest of pier 6. 22. May—3rd Friday, July 4th, December 31st Baltimore Inner Harbor, Patapsco River, MD, Safety Zone The waters of the Patapsco River within a 100 yard radius of approximate position latitude 39°17′03″ N, longitude 076°36′36″ W, located in Baltimore Inner Harbor, approximately 150 yards southeast of pier 1. 23. July 4th, December 31st Northwest Harbor (West Channel) Patapsco River, MD, Safety Zone All waters of the Patapsco River within a 300 yard radius of the fireworks barge in approximate position latitude 39°16′21″ N, longitude 076°34′38″ W, located adjacent to the West Channel of Northwest Harbor. 24. July 4th Patuxent River, Calvert County, MD, Safety Zone All waters of the Patuxent River within a 280 yard radius of the fireworks barge in approximate position latitude 38°19′06.6″ N, longitude 076°26′10.1″ W, approximately 1450 yards west of Drum Point, MD. 25. July 4th Patuxent River, Solomons Island, Calvert County, MD, Safety Zone All waters of the Patuxent River within a 400 yard radius of the fireworks barge located at latitude 38°19′03″ N, longitude 076°26′07.6″ W. 26. July 4th Patuxent River, Solomons Island, MD, Safety Zone All waters of Patuxent River within a 300 yard radius of the fireworks barge in an area bound by the following points: latitude 38°19′42″ N, longitude 076°28′02″ W; thence to latitude 38°19′26″ N, longitude 076°28′18″ W; thence to latitude 38°18′48″ N, longitude 076°27′42″ W; thence to latitude 38°19′06″ N, longitude 076°27′25″ W; thence to the point of origin, located near Solomons Island, MD. 27. July 4th Chester River, Kent Island Narrows, MD, Safety Zone All waters of the Chester River, within an area bound by a line drawn from the following points: latitude 38°58′50″ N, longitude 076°15′00″ W; thence north to latitude 38°59′00″ N, longitude 076°15′00″ W; thence east to latitude 38°59′00″ N, longitude 076°14′46″ W; thence southeast to latitude 38°58′50″ N, longitude 076°14′28″ W; thence southwest to latitude 38°58′37″ N, longitude 076°14′36″ W, thence northwest to latitude 38°58′42″ N, longitude 076°14′55″ W, thence to the point of origin, located approximately 900 yards north of Kent Island Narrows (US-50/301) Bridge. 28. July 3rd Chesapeake Bay, Chesapeake Beach, MD, Safety Zone All waters of the Chesapeake Bay within a 150 yard radius of the fireworks barge in approximate position latitude 38°41′33″ N, longitude 076°31′48″ W, located near Chesapeake Beach, Maryland. 29. July 4th Choptank River, Cambridge, MD, Safety Zone All waters of the Choptank River within a 300 yard radius of the fireworks launch site at Great Marsh Point, located at latitude 38°35′06″ N, longitude 076°04′46″ W. 30. July—2nd and last Saturday Potomac River, Charles County, MD, Safety Zone All waters of the Potomac River within a 300 yard radius of the fireworks barge in approximate position latitude 38°20′18″ N, longitude 077°15′00″ W, approximately 700 yards north of the shoreline at Fairview Beach, Virginia. 31. May—last Saturday, July 4th Potomac River, Charles County, MD—Mount Vernon, Safety Zone All waters of the Potomac River within a 300 yard radius of the fireworks launch site near the Mount Vernon Estate, in Fairfax County, Virginia, located at latitude 38°42′24″ N, longitude 077°04′56″ W. 32. October—1st Saturday Dukeharts Channel, Potomac River, MD, Safety Zone All waters of the Potomac River within a 300 yard radius of the fireworks barge in approximate position latitude 38°13′48″ N, longitude 076°44′37″ W, located adjacent to Dukeharts Channel near Coltons Point, Maryland. 33. June and July—Day before Independence Day holiday Potomac River, National Harbor, MD, Safety Zone All waters of the Potomac River within an area bound by a line drawn from the following points: latitude 38°47′18″ N, longitude 077°01′01″ W; thence to latitude 38°47′11″ N, longitude 077°01′26″ W; thence to latitude 38°47′25″ N, longitude 077°01′33″ W; thence to latitude 38°47′32″ N, longitude 077°01′08″ W; thence to the point of origin, located at National Harbor, Maryland. 34. July 4th, September—last Saturday Susquehanna River, Havre de Grace, MD, Safety Zone All waters of the Susquehanna River within a 150 yard radius of the fireworks barge in approximate position latitude 39°32′42″ N, longitude 076°04′30″ W, approximately 800 yards east of the waterfront at Havre de Grace, MD. 35. June and July—Saturday before Independence Day holiday Miles River, St. Michaels, MD, Safety Zone All waters of the Miles River within a 200 yard radius of the fireworks barge in approximate position latitude 38°47′42″ N, longitude 076°12′23″ W, located near the waterfront of St. Michaels, Maryland. 36. June and July—Saturday or Sunday before Independence Day holiday Tred Avon River, Oxford, MD, Safety Zone All waters of the Tred Avon River within a 150 yard radius of the fireworks barge in approximate position latitude 38°41′48″ N, longitude 076°10′38″ W, approximately 500 yards northwest of the waterfront at Oxford, MD. 37. July 3rd Northeast River, North East, MD, Safety Zone All waters of the Northeast River within a 300 yard radius of the fireworks barge in approximate position latitude 39°35′26″ N, longitude 075°57′00″ W, approximately 400 yards south of North East Community Park. 38. June—2nd or 3rd Saturday, July—1st or 2nd Saturday, September—1st or 2nd Saturday. Upper Potomac River, Alexandria, VA, Safety Zone All waters of the Upper Potomac River within a 300 yard radius of the fireworks barge in approximate position 38°48′37″ N, 077°02′02″ W, located near the waterfront of Alexandria, Virginia. 39. June—last Saturday Potomac River, Prince William County, VA, Safety Zone All waters of the Potomac River within a 200 yard radius of the fireworks barge in approximate position latitude 38°34′08″ N, longitude 077°15′34″ W, located near Cherry Hill, Virginia. Coast Guard Sector Hampton Roads—COTP Zone 40. July 4th Atlantic Ocean, Ocean City, MD, Safety Zone All waters of the Atlantic Ocean in an area bound by the following points: latitude 38°19′39.9″ N, longitude 075°05′03.2″ W; thence to latitude 38°19′36.7″ N, longitude 075°04′53.5″ W; thence to latitude 38°19′45.6″ N, longitude 075°04′49.3″ W; thence to latitude 38°19′49.1″ N, longitude 075°05′00.5″ W; thence to point of origin. The size of the proposed zone extends approximately 300 yards offshore from the fireworks launch area located at the High Water mark on the beach. 41. May—4th Sunday, June—3rd Monday, July 4th, August—1st and 4th Sunday, September—1st and 4th Sunday Isle of Wight Bay, Ocean City, MD, Safety Zone All waters of Isle of Wight Bay within a 350 yard radius of the fireworks barge in approximate position latitude 38°22′32″ N, longitude 075°04′30″ W. 42. July 4th Assawoman Bay, Fenwick Island—Ocean City, MD, Safety Zone All waters of Assawoman Bay within a 360 yard radius of the fireworks launch location on the pier at the West end of Northside Park, in approximate position latitude 38°25′57.6″ N, longitude 075°03′55.8″ W. 43. July 4th Broad Bay, Virginia Beach, VA, Safety Zone All waters of the Broad Bay within a 400 yard radius of the fireworks display in approximate position latitude 36°52′08″ N, longitude 076°00′46″ W, located on the shoreline near the Cavalier Golf and Yacht Club, Virginia Beach, Virginia. 44. October—1st Friday York River, West Point, VA, Safety Zone All waters of the York River near West Point, VA, within a 400 yard radius of the fireworks display located in approximate position latitude 37°31′25″ N, longitude 076°47′19″ W. 45. July 4th York River, Yorktown, VA, Safety Zone All waters of the York River within a 400 yard radius of the fireworks display in approximate position latitude 37°14′14″ N, longitude 076°30′02″ W, located near Yorktown, Virginia. 46. July 4th Chincoteague Channel, Chincoteague, VA, Safety Zone All waters of the Chincoteague Channel within a 360 yard radius of the fireworks launch location at the Chincoteague carnival waterfront in approximate position latitude 37°55′40.3″ N, longitude 075°23′10.7″ W, approximately 900 yards southwest of Chincoteague Swing Bridge. 47. May—1st Friday, July 4th James River, Newport News, VA, Safety Zone All waters of the James River within a 325 yard radius of the fireworks barge in approximate position latitude 36°58′30″ N, longitude 076°26′19″ W, located in the vicinity of the Newport News Shipyard, Newport News, Virginia. 48. July 9th Chesapeake Bay, Hampton, VA, Safety Zone All waters of the Chesapeake Bay within a 350 yard radius of approximate position latitude 37°02′23″ N, longitude 076°17′22″ W, located near Buckroe Beach. 49. June—4th Friday Chesapeake Bay, Norfolk, VA, Safety Zone All waters of the Chesapeake Bay within a 400 yard radius of the fireworks display located in position latitude 36°57′21″ N, longitude 076°15′00″ W, located near Ocean View Fishing Pier. 50. July 4th Chesapeake Bay, Virginia Beach, VA, Safety Zone All waters of the Chesapeake Bay 400 yard radius of the fireworks display in approximate position latitude 36°55′02″ N, longitude 076°03′27″ W, located at the First Landing State Park at Virginia Beach, Virginia. 51. Memorial Day, June—1st and 2nd Friday, Saturday and Sunday, July 4th, November—4th Saturday, December—1st Saturday and December 31st, January 1st Elizabeth River, Southern Branch, Norfolk, VA, Safety Zone All waters of the Elizabeth River Southern Branch in an area bound by the following points: latitude 36°50′54.8″ N, longitude 076°18′10.7″ W; thence to latitude 36°51′7.9″ N, longitude 076°18′01″ W; thence to latitude 36°50′45.6″ N, longitude 076°17′44.2″ W; thence to latitude 36°50′29.6″ N, longitude 076°17′23.2″ W; thence to latitude 36°50′7.7″ N, longitude 076°17′32.3″ W; thence to latitude 36°49′58″ N, longitude 076°17′28.6″ W; thence to latitude 36°49′52.6″ N, longitude 076°17′43.8″ W; thence to latitude 36°50′27.2″ N, longitude 076°17′45.3″ W thence to the point of origin. 52. May—2nd Saturday, September—1st Saturday and Sunday, December—1st Saturday Appomattox River, Hopewell, VA, Safety Zone All waters of the Appomattox River within a 400 yard radius of the fireworks barge in approximate position latitude 37°19′11″ N, longitude 077°16′55 ″ W. 53. July—3rd Saturday John H. Kerr Reservoir, Clarksville, VA, Safety Zone All waters of John H. Kerr Reservoir within a 400 yard radius of approximate position latitude 36°37′51″ N, longitude 078°32′50″ W, located near the south end of the State Route 15 Highway Bridge. 54. May, June, July, August, September, October—every Wednesday, Friday, Saturday and Sunday, July 4th Atlantic Ocean, Virginia Beach, VA, Safety Zone A All waters of the Atlantic Ocean within a 360 yard radius of the center located near the shoreline at approximate position latitude 36°51′12″ N, longitude 075°58′23″ W, located off the beach between 24th and 25th streets. 55. September—4th Saturday Atlantic Ocean, VA Beach, VA, Safety Zone B All waters of the Atlantic Ocean within a 350 yard radius of approximate position latitude 36°50′35″ N, longitude 075°58′09″ W, located on the 14th Street Fishing Pier. 56. August—4th Friday and Saturday Atlantic Ocean, VA Beach, VA, Safety Zone C All waters of the Atlantic Ocean within a 350 yard radius of approximate position latitude 36°49′55″ N, longitude 075°58′00″ W, located off the beach between 2nd and 6th streets. 57. July 4th Nansemond River, Suffolk, VA, Safety Zone All waters of the Nansemond River within a 350 yard radius of approximate position latitude 36°44′27″ N, longitude 076°34′42″ W, located near Constant′s Wharf in Suffolk, VA. 58. February—4th Saturday, July 4th Chickahominy River, Williamsburg, VA, Safety Zone All waters of the Chickahominy River within a 400 yard radius of the fireworks display in approximate position latitude 37°14′50″ N, longitude 076°52′17″ W, near Barrets Point, Virginia. 59. July 4th James River, Williamsburg, VA, Safety Zone All waters of the James River within a 350 yard radius of approximate position latitude 37°13′23.3″ N, longitude 076°40′11.8″ W, located near Kingsmill Resort. Coast Guard Sector North Carolina—COTP Zone 60. July 4th, October—1st Friday Morehead City Harbor Channel, NC, Safety Zone All waters of the Morehead City Harbor Channel that fall within a 360 yard radius of latitude 34°43′01″ N, longitude 076°42′59.6″ W, a position located at the west end of Sugar Loaf Island, NC. 61. April—2nd Saturday, July 4th, August—3rd Monday, October—1st Friday Cape Fear River, Wilmington, NC, Safety Zone All waters of the Cape Fear River within an area bound by a line drawn from the following points: latitude 34°14′12″ N, longitude 077°57′07.2″ W; thence to latitude 34°14′12″ N, longitude 077°57′06″ W; thence to latitude 34°13′54″ N, longitude 077°57′00″ W; thence to latitude 34°13′54″ N, longitude 077°57′06″ W; thence to the point of origin, located 500 yards north of Cape Fear Memorial Bridge. 62. July 4th Green Creek and Smith Creek, Oriental, NC, Safety Zone All waters of Green Creek and Smith Creek that fall within a 300 yard radius of the fireworks launch site at latitude 35°01′29.6″ N, longitude 076°42′10.4″ W, located near the entrance to the Neuse River in the vicinity of Oriental, NC. 63. July 4th Pasquotank River, Elizabeth City, NC, Safety Zone All waters of the Pasquotank River within a 300 yard radius of the fireworks launch site in approximate position latitude 36°18′00″ N, longitude 076°13′00″ W, approximately 200 yards south of the east end of the Elizabeth City Bascule Bridges. 64 July 4th Currituck Sound, Corolla, NC, Safety Zone All waters of the Croatan Sound within a 300 yard radius of the fireworks barge in approximate position latitude 36°22′48″ N, longitude 075°51′15″ W. 65. July 4th, November—3rd Saturday Middle Sound, Figure Eight Island, NC, Safety Zone All waters of the Figure Eight Island Causeway Channel from latitude 34°16′32″ N, longitude 077°45′32″ W, thence east along the marsh to a position located at latitude 34°16′19″ N, longitude 077°44′55″ W, thence south to the causeway at position latitude 34°16′16″ N, longitude 077°44′58″ W, thence west along the shoreline to position latitude 34°16′29″ N, longitude 077°45′34″ W, thence back to the point of origin. 66. June—2nd Saturday, July—1st Saturday after July 4th Pamlico River, Washington, NC, Safety Zone All waters of the Pamlico River that fall within a 300 yard radius of the fireworks launch site at latitude 35°32′19″ N, longitude 077°03′20.5″ W, located 500 yards north of Washington railroad trestle bridge. 67. July 4th Neuse River, New Bern, NC, Safety Zone All waters of the Neuse River within a 360 yard radius of the fireworks barge in approximate position latitude 35°06′07.1″ N, longitude 077°01′35.8″ W, located 420 yards north of the New Bern, Twin Span, high rise bridge. 68. July 4th, November—4th Monday Motts Channel, Banks Channel, Wrightsville Beach, NC, Safety Zone All waters of Motts Channel within a 500 yard radius of the fireworks launch site in approximate position latitude 34°12′42″ N, longitude 077°48′26″ W, located southwest of Harbor Island. 69. July 4th Cape Fear River, Southport, NC, Safety Zone All waters of the Cape Fear River within a 600 yard radius of the fireworks barge in approximate position latitude 33°54′40″ N, longitude 078°01′18″ W, approximately 700 yards south of the waterfront at Southport, NC. 70. July 4th Big Foot Slough, Ocracoke, NC, Safety Zone All waters of Big Foot Slough within a 300 yard radius of the fireworks launch site in approximate position latitude 35°06′54″ N, longitude 075°59′24″ W, approximately 100 yards west of the Silver Lake Entrance Channel at Orcacoke, NC. 71. August—1st Tuesday New River, Jacksonville, NC, Safety Zone All waters of the New River within a 300 yard radius of the fireworks launch site in approximate position latitude 34°44′45″ N, longitude 077°26′18″ W, approximately one half mile south of the Hwy 17 Bridge, Jacksonville, North Carolina. Dated: April 7, 2008. Fred M. Rosa, Jr., Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E8-7936 Filed 4-14-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 168 [Docket No. USCG-2006-23556, formerly CGD91-202a] RIN 1625-AA10, formerly RIN 2115-AE56 Escort Vessels in Certain U.S. Waters AGENCY: Coast Guard, DHS. ACTION: Notice of withdrawal and request for comments. SUMMARY: The Coast Guard announces its intent to withdraw a 1993 advance notice of proposed rulemaking (ANPRM). Because of the length of time since the ANPRM was published, the Coast Guard requests additional public comment before proceeding with withdrawal. The rulemaking deals with supplementing a statutory requirement that single-hulled oil tankers in Prince William Sound, Alaska, and Puget Sound, Washington, be accompanied through those waters by escort vessels. It would extend those requirements to other U.S. waters, and possibly to vessels other than single-hulled oil tankers. Subject to reconsideration in light of public comment, the Coast Guard believes that this rulemaking is inappropriate and inefficient and therefore not the best way to consider such extensions. DATES: Comments and related material must reach the Docket Management Facility on or before July 14, 2008. ADDRESSES: You may submit comments identified by Coast Guard docket number USCG-2006-23556 to the Docket Management Facility at the U.S. Department of Transportation. To avoid duplication, please use only one of the following methods:
(1)*Online: http://www.regulations.gov* .
(2)*Mail:* Docket Management Facility (M-30), U.S. Department of Transportation, West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
(3)*Hand delivery:* Room W12-140 on the Ground Floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.
(4)*Fax:* 202-493-2251. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, contact Lieutenant Commander Vivianne Louie, U.S. Coast Guard, telephone 202-372-1358 or e-mail *Vivianne.W.Louie@uscg.mil* . If you have questions on viewing or submitting material to the docket, call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826. SUPPLEMENTARY INFORMATION: Request for Comments We request public comment on our intent to withdraw this rulemaking. In particular, we are interested in comments that tell us: • Why we should not withdraw this rulemaking; • How to go about this rulemaking, if it continues; and • What criteria should govern the extension of escort vessel requirements to waters other than Prince William Sound and Puget Sound, or to vessels other than single-hulled oil tankers. All comments received will be posted, without change, to *http://www.regulations.gov* and will include any personal information you have provided. We have an agreement with the Department of Transportation
(DOT)to use the Docket Management Facility. Please see DOT's “Privacy Act” paragraph below. *Submitting comments:* If you submit a comment, please identify the docket number for this notice (USCG-2006-23556) and give the reason for each comment. We recommend that you include your name and a mailing address, an e-mail address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. You may submit your comments by electronic means, mail, fax, or delivery to the Docket Management Facility at the address under ADDRESSES ; but please submit your comments by only one means. If you submit them by mail or delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments received during the comment period. *Viewing comments and documents:* To view comments, go to *http://www.regulations.gov* at any time. Enter the docket number for this rulemaking (USCG-2006-23556) in the Search box, and click “Go >>.” You may also visit the Docket Management Facility in room W12-140 on the Ground Floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. *Privacy Act:* Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Department of Transportation's Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477), or you may visit *http://DocketsInfo.dot.gov* . Changes in Docket Numbering This notice is the first document published since 1994 for a rulemaking that began in 1993, under Coast Guard docket number CGD 91-202a. Until now, public comment letters and other material pertinent to CGD 91-202a were only available for public inspection at Coast Guard Headquarters in Washington, DC. Beginning in 1998, the Coast Guard adopted a new docket numbering system in order to make its Headquarters rulemaking documents available to the public on the Internet. The format of the new docketing system is incompatible with the “CGD” system that we used in 1993. Therefore, in order to complete the CGD 91-202a rulemaking in a way that makes our actions visible to the public on the *http://www.regulations.gov* Web site, we opened an Internet-compatible docket number, USCG-2006-23556. The public comments we received on CGD 91-202a will be placed in the *http://www.regulations.gov* docket for USCG-2006-23556. Background and Purpose The Coast Guard has broad authority under the Ports and Waterways Safety Act (PWSA, 33 U.S.C. 1221 *et seq.* ) to control vessel traffic in navigable waters of the United States. In addition, section 4116(c) of the Oil Pollution Act of 1990 (OPA 90, Pub. L. 101-380) required the Coast Guard to initiate a rulemaking to identify any navigable waters of the United States on which single-hulled oil tankers over 5,000 gross tons should require escort vessels. OPA 90 specified that escort vessels must be provided in Prince William Sound, Alaska, and in Puget Sound, Washington. Requirements for escort vessels in Prince William Sound and Puget Sound were set in a rulemaking that was originally docketed as CGD 91-202, and completed in 2005 under docket number USCG-2003-14734; the final rule appears at 70 FR 55728 (Sep. 23, 2005), and the regulations appear in 33 CFR part 168. The CGD 91-202 rulemaking originally sought to deal with escort vessel requirements in waters other than Prince William Sound and Puget Sound, but in 1993 the Coast Guard opened a new docket, CGD 91-202a, to address those other waters. Public meetings held in 1993, in Anchorage and Valdez, Alaska, and in Seattle, Washington, addressed both rulemakings. In an advance notice of proposed rulemaking (ANPRM; 58 FR 25766, April 27, 1993) issued under docket number CGD 91-202a, the Coast Guard asked for public comment on three general questions:
(1)Whether escort vessel requirements should apply to any navigable waters of the United States other than Prince William Sound and Puget Sound;
(2)whether escort vessel requirements should apply to vessels other than single-hulled oil tankers; and
(3)what an escort vessel should be expected to do. In its discussion, the ANPRM listed numerous subsidiary questions to put the general questions in perspective. In 1994, the Coast Guard published a notice of meeting and request for comments (59 FR 65741, Dec. 21, 1994) to follow up on the ANPRM. The 1994 notice said that numerous comments had been received in response to the ANPRM, but that they lacked consensus and tended to be based on subjective arguments without supporting data. The notice acknowledged that the 1993 ANPRM had been issued before publication of the Prince William Sound and Puget Sound regulations in 33 CFR part 168, and included no special guidance on how waterways should be evaluated or nominated for escort vessel requirements. Accordingly, the 1994 notice sought to engage the public's assistance in developing criteria for evaluating the navigational risks of a waterway, and how to determine if escorting is an effective strategy to offset those risks. Noting that OPA 90 called for oil tankers to have two escort vessels and that, in some circumstances, this could be undesirable, the notice stated that any escort vessel requirements for waters other than Prince William Sound or Puget Sound would rely on PWSA in addition to OPA 90. The 1994 notice proposed 13 criteria, derived from the PWSA, for use in determining when escort vessels are necessary, and illustrated the scope of each criterion through a set of follow-on questions. It announced a public meeting in Washington, DC on January 23, 1995, and asked for comment on these and other criteria that could be used in evaluating waterways with respect to escorting. Discussion of Comments In response to the 1993 ANPRM and 1994 notice, the Coast Guard received nearly 700 written comments as well as the oral testimony of hundreds of attendees at four public meetings. We thank all these commenters for their interest. For convenience, we discuss the comments under four subheadings: *Escort vessel criteria* . We received many thoughtful comments analyzing the 13 criteria we proposed and offering background information or constructive criticism. Most of these commenters stressed the importance of understanding local waters and the specific vessels and cargoes transiting those waters. A number of commenters suggested development of a nationwide risk assessment program, in order to allocate escort vessel or other safety resources in an objective way that prioritizes where those resources can do the most good. A nationwide risk assessment program may be a good concept but it would be very expensive and time-consuming to implement. The reliability of such an assessment would be hard to validate, making its usefulness questionable. We agree with many commenters that local conditions are very important in determining what safety measures should be taken. If the need for specific resources in specific waters can be shown, it is better to focus directly on addressing that need, than on the more conceptual exercise of ranking that need relative to the needs of other areas. For many years the Coast Guard has sponsored Ports and Waterway Safety Assessments (PAWSAs) that bring public and private stakeholders together to identify major safety hazards in specific local waterways, evaluate potential mitigation measures including escorting, and set the stage for implementing selected measures. You can get more information about PAWSAs at *http://www.navcen.uscg.gov/mwv/projects/pawsa/PAWSA_home.htm* , or read reports on any of the 38 PAWSAs conducted to date, at *http://www.navcen.uscg.gov/mwv/projects/pawsa/PAWSA_FinalReports.htm* . We believe that the PAWSA program provides a more comprehensive alternative for evaluating local risks and conditions. Therefore, we think it is neither appropriate nor beneficial to continue developing nationwide Coast Guard escort vessel criteria within the context of this 1993 rulemaking. *Escort vessel effectiveness* . Most commenters who discussed the effectiveness of escort vessels agreed that different “escorts” have different capabilities, and that under certain conditions it is unrealistic to think that escorts will provide added safety. While some commenters recommended that we specify the capabilities desired in an escort vessel, many others pointed out that escort vessels should be considered as just one of many tools available for enhancing the safety of specific waters, along with aids to navigation, local regulated navigation areas, vessel traffic services, response vessels, or other means. We agree with these commenters that any consideration of escort vessels should begin by assessing specific local conditions and analyzing other possible safety measures. As previously described, the Coast Guard's PAWSA program can provide this assessment and analysis. Therefore, we think it is neither appropriate nor beneficial to continue a nationwide Coast Guard assessment of escort vessel effectiveness within the context of this 1993 rulemaking. *Specific waters other than Cook Inlet; vessels other than single-hulled oil tankers* . Numerous commenters made recommendations for or against requiring escort vessels in specific waters other than Prince William Sound or Puget Sound. A few commenters also recommended extending escort vessel requirements to vessels other than single-hulled oil tankers. As noted above, we have concluded that any such requirements should be considered by the Coast Guard at a local level, in light of local conditions and the possibility of increased effectiveness of alternative safety measures. The Coast Guard's PAWSA program can provide that consideration. Therefore, we think it is neither appropriate nor beneficial to continue the consideration of escort vessels for use in specific waters or with specific types of vessel within the nationwide context of this 1993 rulemaking. *Cook Inlet* . Between 1993 and 1995, hundreds of commenters focused on whether or not escort vessels should be required in Cook Inlet, Alaska. Those opposed to requiring escort vessels in Cook Inlet tended to cite favorable local conditions, the availability of alternative safety measures, and adverse economic impact as their reasons. Those in favor of requiring escort vessels in Cook Inlet tended to cite unfavorable local conditions, the superiority of escort vessels to other possible safety measures, and the economic and environmental risks posed by tanker traffic as their reasons. The Coast Guard has carefully considered the 1993-1995 comments, but finds that they are inconclusive on the merits of extending escort vessel requirements to Cook Inlet. Further study, in light of current conditions, would be needed before the Coast Guard would propose such an extension. In 2000, a Ports and Waterways Safety Assessment was conducted for Cook Inlet. The PAWSA report is available at *http://www.navcen.uscg.gov/mwv/projects/pawsa/PAWSA_FinalReports.htm* . It noted a “significant drop off in oil spills” over the preceding 5 years, and listed 9 “existing mitigations” in place to control the risk from petroleum cargoes. Although escort vessels for oil tankers were considered, they were not among the new mitigation measures adopted by the PAWSA final report. The Coast Guard understands that concerns over navigational safety in Cook Inlet persist. We take these concerns seriously, because they relate directly to two of the Coast Guard's strategic goals: Maritime safety and maritime stewardship. The Alaska-based Coast Guard Seventeenth District is planning to conduct additional studies of the local waterways in an effort to more fully define the need for risk reduction measures or other mitigating factors in areas such as Cook Inlet, Prince William Sound and the Aleutian Islands. Any findings from these risk assessments would be addressed in local Coast Guard policies or rulemakings. Therefore, we think it is neither appropriate nor beneficial to continue considering Cook Inlet's navigational safety within the nationwide context of this 1993 rulemaking. Conclusion The Coast Guard has tentatively decided that nationwide Coast Guard action to extend statutory escort vessel requirements is not advisable, and that escort vessels may be required in other waters or for vessels other than single-hulled oil tankers only after specific Coast Guard consideration of local conditions and possible alternative safety measures. We request public comment on this tentative decision. If, after receiving public comment, we affirm this tentative decision, we will withdraw the rulemaking, using another **Federal Register** notice to do so. Please note that, regardless of our final decision to withdraw or continue this rulemaking, you may request Coast Guard regulatory action for specific U.S. waters, by using the Coast Guard rulemaking petition process detailed in 33 CFR 1.05-20. Send your request to the Marine Safety and Security Council (CG-0943), United States Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001. Dated: April 4, 2008. Brian M. Salerno, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine, Safety, Security and Stewardship. [FR Doc. E8-7935 Filed 4-14-08; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2007-1120; FRL-8554-7] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Reasonably Available Control Technology Requirements for Marine Vessel and Barge Loading AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve a State Implementation Plan
(SIP)revision submitted by the Maryland Department of Environment. The revision pertains to the control of volatile organic compound
(VOC)emissions by establishing reasonable available control technology
(RACT)requirements for marine vessel and barge loading. EPA is proposing to approve the revision to the Maryland SIP in accordance with the Clean Air Act (CAA). DATES: Written comments must be received on or before May 15, 2008. ADDRESSES: Submit your comments, identified by Docket ID Number EPA-R03-OAR-2007-1120 by one of the following methods: A. *www.regulations.gov* . Follow the on-line instructions for submitting comments. B. E-mail: *fernandez.cristina@epa.gov* . C. Mail: EPA-R03-OAR-2007-1120, Cristina Fernandez, Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previously-listed EPA Region III address. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-R03-OAR-2007-1120. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at *www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov,* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket:* All documents in the electronic docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, *i.e.* , CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230. FOR FURTHER INFORMATION CONTACT: Gobeail McKinley,
(215)814-2033, or by e-mail at *mckinley.gobeail@epa.gov* . SUPPLEMENTARY INFORMATION: On October 24, 2007, the Maryland Department of Environment
(MDE)submitted a revision to its SIP to establish RACT requirements for marine vessel and barge loading. The SIP revision (Maryland SIP #07-12) consists of amendments to Regulation .01 and adoption of new Regulation .08 under COMAR 26.11.13—Control of Gasoline and Volatile Organic Compound Storage and Handling. I. Background This SIP revision was submitted pursuant to the reasonable available control technology requirements of sections 182 and 184 of the Clean Air Act. RACT is the lowest emission limit that a particular source is capable of meeting by the application of the control technology that is reasonably available considering technological and economic feasibility. Maryland is located in the Ozone Transport Region
(OTR)that was statutorily created by section 184 of the CAA. Section 184(b)(1)(B) of the CAA requires States to implement RACT regulations on all VOC sources that have the potential to emit 50 tons per year
(TPY)or more. In addition, section 182(b)(2) requires States to implement RACT regulations on all “major” sources of VOC in moderate or above ozone nonattainment areas. Major VOC sources are those with the potential to emit at least 100 TPY in moderate areas, 50 TPY in serious areas, and 25 TPY in severe areas. Maryland is in the OTR and the State is required to implement RACT regulations for all sources with the potential to emit 50 TPY or more, throughout the State. In Maryland's severe ozone nonattainment areas, RACT is required for all VOC sources with the potential to emit 25 TPY or more. The amendment to Regulation .01 and adoption of new Regulation .08 under COMAR 26.11.13 control emissions of volatile organic compounds throughout the state. MDE submitted this SIP revision request pursuant to the reasonable available control technology requirements of sections 182 and 184 of the Clean Air Act. Although the EPA has developed a maximum achievable control technology standard for barge loading (40 CFR Part 63 Subpart Y), the liquid throughput threshold requiring controls is very high. For this reason, MDE has adopted RACT requirements for marine vessel and barge loading. A marine vessel is defined as any tank ship or barge that transports VOCs in bulk as cargo. Marine tank vessel loading operations are facilities that load and unload liquid commodities in bulk. Due to the increased demand for ethanol which is blended with gasoline, there is a renewed interest in transferring liquid products from stationary storage tanks into marine vessels or barges for further distribution. During marine tank vessel and barge loading operations, emissions result as the liquid that is being loaded into the vessel displaces vapors from the vessel's tank. VOC vapors are released from the vent of the barge in quantities that may be significant and contribute to ground level ozone. Maryland has decided to revise their RACT requirements to include marine vessel and barge loading. II. Summary of SIP Revision The Maryland Department of the Environment is requesting a revision to the state's SIP to establish reasonable available control technology requirements for marine vessel and barging loading. The amendment to COMAR 26.11.13.01 consist of a new definition that defines a marine vessel as any tank ship or barge that transports VOCs in bulk as cargo. The new regulation COMAR 26.11.13.08 requires owners or operators of barge loading facilities in Baltimore City or Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, and Prince George's Counties to reduce capture of VOC vapors by 90 percent if emissions from the barge loading equal or exceed 25 TPY. In the rest of the state (Allegheny, Caroline, Dorchester, Garrett, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, and Worchester Counties), controls are required if emissions are equal to or exceed 50 TPY. III. Proposed Action EPA is proposing to approve the Maryland SIP revision for the establishment of RACT requirements to control VOC emissions from marine vessel and barging loading, which the state submitted on October 24, 2007. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed rule to approve Maryland's amendments to the control of volatile organic compound emissions by establishing reasonable available control technology requirements for marine vessel and barge loading does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 *et seq.* Dated: April 9, 2008. Donald S. Welsh, Regional Administrator, Region III. [FR Doc. E8-8005 Filed 4-14-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2008-0241; FRL-8552-9] Approval and Promulgation of Implementation Plans; State of Iowa AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve a revision to the Iowa State Implementation Plan submitted on January 16, 2008. The revision includes changes to the definition of “permitting authority” in each of Iowa's rules used for compliance with EPA's Clean Air Interstate Rule. Iowa's SIP revision is in response to EPA's request of Iowa to revise the definitions to ensure that all allowances issued in the EPA Budget Trading Programs can be traded and used for compliance with the allowance-holding requirement in any State in the program. DATES: Comments on this proposed action must be received in writing by May 15, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-OAR-2008-0241, by mail to Michael Jay, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this **Federal Register** . FOR FURTHER INFORMATION CONTACT: Michael Jay at
(913)551-7460, or by e-mail at *jay.michael@epa.gov* . SUPPLEMENTARY INFORMATION: In the final rules section of the **Federal Register** , EPA is approving the state's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial revision amendment and anticipates no relevant adverse comments to this action. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated in relation to this action. If EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed action. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the rules section of this **Federal Register** . Dated: April 3, 2008. William Rice, Acting Regional Administrator, Region 7. [FR Doc. E8-7782 Filed 4-14-08; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [FWS-R8-ES-2008-0034; 92210-1117-0000-B4] RIN 1018-AV24 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Bay Checkerspot Butterfly (Euphydryas editha bayensis) AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of comment period, notice of availability of draft economic analysis, and amended required determinations. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed revised designation of critical habitat for the Bay checkerspot butterfly ( *Euphydryas editha bayensis* ) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of the draft economic analysis
(DEA)of the proposed revised critical habitat designation and an amended required determinations section of the proposal. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the associated DEA, and the amended required determinations section. You do not have to resend comments sent earlier. We will incorporate them into the public record as part of this comment period, and we will fully consider them when preparing our final determination. DATES: We will accept public comments received or postmarked on or before May 15, 2008. ADDRESSES: You may submit comments by one of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *U.S. mail or hand-delivery:* Public Comments Processing, Attn: FWS-R8-ES-2008-0034; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203. We will not accept e-mail or faxes. We will post all comments on *http://www.regulations.gov.* This generally means that we will post any personal information you provide us (see the Public Comments section below for more information). FOR FURTHER INFORMATION CONTACT: Susan Moore, Field Supervisor or Arnold Roessler, Listing Program Coordinator, U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W-2605, Sacramento, CA 95825; telephone 916-414-6600; or facsimile 916-414-6712. Persons who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 800-877-8339. SUPPLEMENTARY INFORMATION: Public Comments We will accept written comments and information during this reopened comment period on our proposed revised critical habitat designation for the Bay checkerspot butterfly published in the **Federal Register** on August 22, 2007 (72 FR 48178), the DEA of the proposed revised designation, and the amended required determinations provided in this document. We will consider information and recommendations from all interested parties. We are particularly interested in comments concerning:
(1)The reasons why we should or should not designate habitat as critical habitat under section 4 of the Act (16 U.S.C. 1531 *et seq.* ).
(2)*Specific information on:* • The amount and distribution of Bay checkerspot butterfly habitat, • What areas occupied at the time of listing that contain features essential to the conservation of the species we should include in the designation and why, and • What areas not occupied at the time of listing are essential for the conservation of the species and why.
(3)Land-use designations and current or planned activities in the subject areas and their possible effects on proposed critical habitat.
(4)Information on the extent to which any State and local environmental protection measures we reference in the DEA may have been adopted largely as a result of the listing of the Bay checkerspot butterfly, and which were either already in place at the time of listing or enacted for other reasons.
(5)Information on whether the DEA identifies all State and local costs and benefits attributable to the proposed critical habitat designation, and information on any costs or benefits that we have overlooked.
(6)Information on whether the DEA makes appropriate assumptions regarding current practices and any regulatory changes likely if we designate revised critical habitat.
(7)Information on whether the DEA correctly assesses the effect on regional costs associated with any land use controls that may result from the revised critical habitat designation.
(8)Information on areas that the revised critical habitat designation could potentially impact to a disproportionate degree.
(9)Any foreseeable economic, national-security, or other potential impacts resulting from the proposed revised designation and, in particular, any impacts on small entities, and the benefits of including or excluding areas that exhibit these impacts.
(10)Information on whether the DEA identifies all costs that could result from the revised designation.
(11)Information on any quantifiable economic benefits of the revised designation of critical habitat.
(12)Whether the benefits of excluding any particular area outweigh the benefits of including that area under section 4(b)(2) of the Act.
(13)Economic data on the incremental costs of designating any particular area as revised critical habitat.
(14)Whether we could improve or modify our approach to designating critical habitat in any way to provide for greater public participation and understanding, or to better accommodate public concerns and comments. If you submitted comments or information during the initial comment period from August 22 to October 22, 2007, on the proposed rule (72 FR 48178), please do not resubmit them. We will incorporate them into the public record as part of this comment period, and we will fully consider them in preparation of our final determination. Our final determination concerning revised critical habitat will take into consideration all written comments and any additional information we receive during both comment periods. On the basis of public comments, we may, during the development of our final designation, find that areas proposed are not essential, are appropriate for exclusion under section 4(b)(2) of the Act, or are not appropriate for exclusion. You may submit your comments and materials concerning this proposed rule by one of the methods listed in the ADDRESSES section. We will not consider comments sent by e-mail or fax or to an address not listed in the ADDRESSES section. If you submit a comment via *http://www.regulations.gov,* your entire comment—including any personal identifying information—will be posted on the Web site. If you submit a hardcopy comment that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy comments on *http://www.regulations.gov.* Comments and materials we receive, as well as supporting documentation we used in preparing this notice will be available for public inspection on *http://www.regulations.gov,* or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT ). You may obtain copies of the proposed rule and DEA by mail from the Sacramento Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT ) or by visiting our Web site at *http://www.fws.gov/sacramento.* Background On April 30, 2001, we published in the **Federal Register** the final designation of critical habitat for the Bay checkerspot butterfly (66 FR 21450, April 30, 2001) which encompassed approximately 23,903 acres
(ac)(9,673 hectares (ha)). On March 30, 2005, the Home Builders Association of Northern California (Home Builders) filed a complaint contending, among other things, that the Service failed to adequately analyze the economic costs of the designation of critical habitat for this subspecies ( *Home Builders of Northern California* v. *U.S. Fish and Wildlife Service, et al.* Case No. cv-01363-LKK-JFM). On February 24, 2006, the Service entered into a settlement agreement with Home Builders to submit for publication a proposed revised critical habitat designation for this subspecies to the **Federal Register** by August 14, 2007, and to submit a final determination of critical habitat for publication by August 14, 2008. The April 30, 2001, designation remains in place during this revision process. On August 22, 2007, we published a proposed rule to revise critical habitat for the Bay checkerspot butterfly (72 FR 48178), identifying a total of approximately 19,746 ac (7,990 ha) of land in San Mateo and Santa Clara Counties, California. Section 3 of the Act defines critical habitat as the specific areas within the geographical area occupied by a species, at the time it is listed in accordance with the Act, on which are found those physical or biological features essential to the conservation of the species and that may require special management considerations or protection, and specific areas outside the geographical area occupied by a species at the time it is listed, upon a determination that such areas are essential for the conservation of the species. If the proposed rule is made final, section 7 of the Act will prohibit destruction or adverse modification of critical habitat by any activity funded, authorized, or carried out by any Federal agency. Federal agencies proposing actions affecting areas designated as critical habitat must consult with us on the effects of their proposed actions, pursuant to section 7(a)(2) of the Act. Under section 4(b)(2) of the Act, we may exclude an area from critical habitat if we determine that the benefits of such exclusion outweigh the benefits of including that particular area as critical habitat, unless failure to designate that specific area as critical habitat will result in the extinction of the species. We may exclude an area from designation as critical habitat based on economic impacts, national security, or any other relevant impact. If we make final the proposed rule of August 22, 2007, section 7 of the Act will prohibit destruction or adverse modification of critical habitat by any activity funded, authorized, or carried out by any Federal agency. Federal agencies proposing actions affecting areas designated as critical habitat must consult with us on the effects of their proposed actions, under section 7(a)(2) of the Act. Draft Economic Analysis Section 4(b)(2) of the Act requires that we designate or revise critical habitat based upon the best scientific and commercial data available, after taking into consideration the economic impact, impact on national security, or any other relevant impact of specifying any particular area as critical habitat. We have prepared a DEA of the proposed revised critical habitat designation based on our August 22, 2007, proposed rule to revise the critical habitat designation for the Bay checkerspot butterfly (72 FR 48178). The intent of the DEA is to quantify the economic impacts of all potential conservation efforts for the Bay checkerspot butterfly; some of these costs will likely be incurred regardless of whether we revise the designated critical habitat. The DEA provides estimated costs of the foreseeable potential economic impacts of the proposed revised critical habitat designation (incremental impacts) and other conservation-related actions (baseline impacts) for this species over the next 22 years. A 22-year period was chosen because information was available to reliably forecast economic activity to 2030. It also considers past costs associated with conservation of the species from the time it was listed in 1987 (52 FR 35366, September 18, 1987), until the year the proposed revised critical habitat rule was published (72 FR 48178, August 22, 2007). Because the current DEA is analyzing the future costs of the proposed revised designation (72 FR 48178), the costs associated with the current designation of critical habitat (66 FR 21450) have been included only in the past baseline economic impacts. The economic analysis quantifies impacts associated with the conservation of the Bay checkerspot butterfly including future urban development, management of invasive plants, pesticide use, and over or under grazing. These activities were identified as factors that may require special management (72 FR 48183-48184). Pre-designation (1987 to 2007) impacts associated with species conservation activities in areas proposed for designation are estimated at approximately $9 million in 2007 dollars. The DEA forecasts baseline economic impacts in the areas proposed for designation to be approximately $390 million ($18 million annualized) (2008 dollars) applying a 3 percent discount rate over the next 22 years, $270 million ($13 million annualized) (2008 dollars) applying a 7 percent discount rate over the next 22 years, and $550 million (25 million annualized) (2008 dollars) at an undiscounted rate over the next 22 years. The DEA forecasts incremental economic impacts to be approximately $0 to $750,000 ($0 to $44,000 annualized) (2008 dollars) applying a 3 percent discount rate over the next 22 years. The cost estimates are based on the proposed revised designation of critical habitat published in the **Federal Register** on August 22, 2007 (72 FR 48178). The DEA considers the potential economic effects of actions relating to the conservation of the Bay checkerspot butterfly, including costs associated with sections 4, 7, and 10 of the Act, as well as costs attributable to the designation of revised critical habitat. It further considers the economic effects of protective measures taken as a result of other Federal, State, and local laws that aid habitat conservation for the Bay checkerspot butterfly in areas containing features essential to the conservation of the species. The DEA considers both economic efficiency and distributional effects. In the case of habitat conservation, efficiency effects generally reflect the “opportunity costs” associated with the commitment of resources to comply with habitat protection measures (such as lost economic opportunities associated with restrictions on land use). The DEA also addresses how potential economic impacts are likely to be distributed, including an assessment of any local or regional impacts of habitat conservation and the potential effects of conservation activities on government agencies, private businesses, and individuals. The DEA measures lost economic efficiency associated with residential and commercial development and public projects and activities, such as economic impacts on water management and transportation projects, Federal lands, small entities, and the energy industry. Decision-makers can use this information to assess whether the effects of the revised designation might unduly burden a particular group or economic sector. Finally, the DEA looks retrospectively at costs that have been incurred since the date we listed the Bay checkerspot butterfly as endangered (52 FR 35366, September 18, 1987) and considers those costs that may occur in the 22 years following the designation of critical habitat. Because the DEA considers the potential economic effects of all actions relating to the conservation of the Bay checkerspot butterfly, including costs associated with sections 4, 7, and 10 of the Act and those attributable to a revised designation of critical habitat, the DEA may have overestimated the potential economic impacts of the revised critical habitat designation. As stated earlier, we are soliciting data and comments from the public on this DEA, as well as on all aspects of the proposed rule and our amended required determinations. We may revise the proposed rule or its supporting documents to incorporate or address information we receive during this comment period. In particular, we may exclude an area from the revised critical habitat if we determine that the benefits of excluding the area outweigh the benefits of including the area as revised critical habitat, provided the exclusion will not result in the extinction of the species. Required Determinations—Amended In our August 22, 2007, proposed rule (72 FR 48178), we indicated that we would defer our determination of compliance with several statutes and Executive Orders until the information concerning potential economic impacts of the designation and potential effects on landowners and stakeholders became available in the DEA. We have not made use of the DEA data to make these determinations. In this document we affirm the information contained in our proposed rule concerning Executive Order (E.O.) 13132; E.O. 12988; the Paperwork Reduction Act; and the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments (59 FR 22951). However, based on the DEA data, we revise our required determinations concerning E.O. 12866 and the Regulatory Flexibility Act, E.O. 13211 (Energy, Supply, Distribution, and Use), the Unfunded Mandates Reform Act, and E.O. 12630 (Takings). Regulatory Planning and Review The Office of Management and Budget
(OMB)has determined that this rule is not significant and has not reviewed this rule under Executive Order 12866 (E.O. 12866). OMB bases its determination upon the following four criteria:
(a)Whether the rule will have an annual effect of $100 million or more on the economy or adversely affect an economic sector, productivity, jobs, the environment, or other units of the government.
(b)Whether the rule will create inconsistencies with other Federal agencies' actions.
(c)Whether the rule will materially affect entitlements, grants, user fees, loan programs or the rights and obligations of their recipients.
(d)Whether the rule raises novel legal or policy issues. Regulatory Flexibility Act (5 U.S.C. 601 et seq.) Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) (5 U.S.C. 802(2)), whenever an agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities (i.e., small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of the agency certifies the rule will not have a significant economic impact on a substantial number of small entities. Based on our DEA of the proposed revised designation, we provide our analysis for determining whether the proposed rule would result in a significant economic impact on a substantial number of small entities. Based on comments we receive, we may revised this determination as part of our final rulemaking. According to the Small Business Administration (SBA), small entities include small organizations, such as independent nonprofit organizations; small governmental jurisdictions, including school boards and city and town governments that serve fewer than 50,000 residents; and small businesses (13 CFR 121.201). Small businesses include manufacturing and mining concerns with fewer than 500 employees, wholesale trade entities with fewer than 100 employees, retail and service businesses with less than $5 million in annual sales, general and heavy construction businesses with less than $27.5 million in annual business, special trade contractors doing less than $11.5 million in annual business, and agricultural businesses with annual sales less than $750,000. To determine if potential economic impacts to these small entities are significant, we considered the types of activities that might trigger regulatory impacts under this revised designation as well as types of project modifications that may result. In general, the term “significant economic impact” is meant to apply to a typical small business firm's business operations. To determine if the proposed revised designation of critical habitat for the Bay checkerspot butterfly would affect a substantial number of small entities, we considered the number of affected small entities within particular types of economic activities, such as residential and commercial development. In order to determine whether it is appropriate for our agency to certify that this rule would not have a significant economic impact on a substantial number of small entities, we considered each industry or category individually. In estimating the numbers of small entities potentially affected, we also considered whether their activities have any Federal involvement. Critical habitat designation will not affect activities that do not have any Federal involvement; designation of critical habitat affects activities conducted, funded, permitted, or authorized by Federal agencies. If we finalize this proposed revised critical habitat designation, Federal agencies must consult with us under section 7 of the Act if their activities may affect designated critical habitat. Consultations to avoid the destruction or adverse modification of critical habitat would be incorporated into the existing consultation process. In our DEA of the proposed revised critical habitat designation, we evaluated the potential economic effects on small business entities from conservation actions related to the listing of the Bay checkerspot butterfly and the proposed revised designation of the species' critical habitat. The DEA did not identify any small entities according to the Small Business Administration's
(SBA)definition of small entities. As a result there are no economic impacts to small businesses with the designation of this critical habitat. We have considered whether this rule would result in a significant economic effect on a substantial number of small entities. We have determined and therefore certify that, for the above reasons and based on currently available information, the proposed designation will not have a significant economic impact on a substantial number of small business entities. In summary, we have considered whether the proposed rule would result in a significant economic impact on a substantial number of small entities. For the above reasons and based on currently available information, we certify that, if promulgated, this proposed rule would not have a significant economic impact on a substantial number of small entities. Therefore, an initial regulatory flexibility analysis is not required. Executive Order 13211—Energy Supply, Distribution, and Use On May 18, 2001, the President issued E.O. 13211 on regulations that significantly affect energy supply, distribution, and use. E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. OMB's guidance for implementing this Executive Order outlines nine outcomes that may constitute “a significant adverse effect” when compared to no regulatory action. The DEA has identified one electric energy firm (Calpine Corporation) which owns land within the proposed revised designation of critical habitat (Unit 5). In 2000, the Calpine Corporation proposed to construct and operate a 600-megawatt, natural gas-fired, combined cycle electric generation facility. The land located within the proposed revised designation of critical habitat was purchased by the Calpine Corporation as compensation to off-set project-related effects to the Bay checkerspot butterfly and its habitat as a result of the U.S. Environmental Protection Agency
(EPA)permitting of the Calpine Corporation's Metcalf Energy Center in Santa Clara County, California (Service File 1-1-00-F-235) in 2001. The Calpine Corporation does not plan to expand its facilities or construct new facilities associated with the Metcalf Energy Center on any of its land within or near the area. The biological opinion under section 7 of the Act for this project identifies the measures already taken by the Calpine Corporation to compensate for effects to the butterfly and its habitat, and the designation of revised critical habitat is not expected to lead to any reduction in electricity production or an increase in cost of energy production or distribution. Thus, based on information in the DEA, we do not expect Bay checkerspot butterfly conservation activities within proposed revised critical habitat to lead to energy-related impacts. As such, we do not expect the proposed revised designation of critical habitat to significantly affect energy supplies, distribution, or use, and a Statement of Energy Effects is not required. Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) In accordance with the Unfunded Mandates Reform Act
(UMRA)(2 U.S.C. 1501 *et seq.* ), the Service makes the following findings:
(a)This rule will not produce a Federal mandate. In general, a Federal mandate is a provision in legislation, statute, or regulation that would impose an enforceable duty upon State, local, or Tribal governments, or the private sector, and includes both “Federal intergovernmental mandates” and “Federal private sector mandates.” These terms are defined in 2 U.S.C. 658(5)-(7). “Federal intergovernmental mandate” includes a regulation that “would impose an enforceable duty upon State, local, or Tribal governments,” with two exceptions. It excludes “a condition of Federal assistance.” It also excludes “a duty arising from participation in a voluntary Federal program,” unless the regulation “relates to a then-existing Federal program under which $500,000,000 or more is provided annually to State, local, and Tribal governments under entitlement authority,” if the provision would “increase the stringency of conditions of assistance” or “place caps upon, or otherwise decrease, the Federal Government's responsibility to provide funding” and the State, local, or Tribal governments “lack authority” to adjust accordingly. “Federal private sector mandate” includes a regulation that “would impose an enforceable duty upon the private sector, except
(i)a condition of Federal assistance; or
(ii)a duty arising from participation in a voluntary Federal program.” Critical habitat designation does not impose a legally binding duty on non-Federal Government entities or private parties. Under the Act, the only regulatory effect is that Federal agencies must ensure that their actions do not destroy or adversely modify critical habitat under section 7. Designation of critical habitat may indirectly impact non-Federal entities that receive Federal funding, assistance, or permits, or that otherwise require approval or authorization from a Federal agency for an action that may be indirectly impacted by the designation of critical habitat. However, the legally binding duty to avoid destruction or adverse modification of critical habitat rests squarely on the Federal agency. Furthermore, to the extent that non-Federal entities are indirectly impacted because they receive Federal assistance or participate in a voluntary Federal aid program, the Unfunded Mandates Reform Act would not apply, nor would critical habitat shift the costs of the large entitlement programs listed above onto State governments.
(b)We do not believe that this rule will significantly or uniquely affect small governments. As discussed in the DEA, the majority of lands proposed as revised critical habitat are comprised of privately owned lands, which do not qualify as a small government. Consequently, we do not believe that revised critical habitat designation would significantly or uniquely affect small government entities. As such, a Small Government Agency Plan is not required. Executive Order 12630—Takings In accordance with E.O. 12630 (“Government Actions and Interference with Constitutionally Protected Private Property Rights”), we have analyzed the potential takings implications of proposing revised critical habitat for the Bay checkerspot butterfly in a takings implications assessment. Our takings implications assessment concludes that this proposed revised designation of critical habitat for the Bay checkerspot butterfly does not pose significant takings implications. References Cited A complete list of all references we cited in the proposed rule is available on *http://www.regulations.gov.* Author The primary author of this notice is staff of the Sacramento Fish and Wildlife Office. Authority The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 *et seq.* ) Dated: April 2, 2008. David M. Verhey, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. E8-7689 Filed 4-14-08; 8:45 am] BILLING CODE 4310-55-P 73 73 Tuesday, April 15, 2008 Notices DEPARTMENT OF AGRICULTURE Forest Service Ochoco National Forest, Paulina Ranger District; Oregon; Upper Beaver Creek Vegetation Management Project AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an environmental impactstatement. SUMMARY: The USDA Forest Service is proposing to conduct timber harvest, noncommercial thinning, and fuels reduction activities in the Upper Beaver Creek Watershed. The project area covers approximately 37,000 acres. DATES: Comments concerning the scope of the analysis must be received by May 16, 2008. The draft environmental impact statement is expected by September 2008 and the final environmental impact statement is expected in March 2009. ADDRESSES: Send written comments to Mike Lawrence, District Ranger, Paulina Ranger District, Ochoco National Forest, 7803 Beaver Creek Road, Paulina, Oregon 97751. Alternately, electronic comments can be sent to *comments-pacificnorthwest-ochocopaulina@fs.fed.us* . FOR FURTHER INFORMATION CONTACT: Janis Bouma, Project Leader, at the address listed above. SUPPLEMENTARY INFORMATION: Purpose and Need for Action The purpose and need for this proposal is to
(1)Move vegetation seral/structural stages toward their historic range of variability and to increase large woody debris recruitment and hardwood plant composition within Riparian Habitat Conservation Areas (RHCAs);
(2)Move Fire Regimes toward their historic range of variability by maintaining low intensity fire conditions and decreasing high intensity fire conditions across the project area; and
(3)Provide wood products to contribute to the health of the local and regional economies, and provide opportunities for employment and income. Proposed Action The Paulina Ranger District is proposing to manage vegetation through commercial timber harvest, noncommercial thinning, and fuel reduction activities. The proposed action includes approximately 2,923 acres of commercial harvest and 8,337 acres of noncommercial thinning. Fuel reduction activities include approximately 11,259 acres of prescribed fire to reduce fuels from management activities in this project and past projects, 5,243 acres of fire to maintain low intensity fuel levels, and 1,341 acres of fire to reduce ladder and surface fuels in untreated vegetation areas. Approximately 2,500 acres of grapple piling would be completed. Construction of a shaded fuel break approximately 600 feet along each side of the Summit Trail (approximately 450 acres) is proposed in order to protect the historic value of the Summit Trail and to provide for future firefighter safety. Commercial harvest includes tractor, skyline, and helicopter logging systems. Areas identified as tractor logging are areas where heavy equipment, such as logging tractors/skidders, will be used to remove a commercial product. Approximately two miles of temporary roads would be constructed. No new roads would be constructed and roads that are reopened would be closed after harvest activities are complete. Possible Alternatives At this time, the Forest Service is considering at least three alternatives. The no action alternative is the baseline for comparison and will analyze the effects of natural processes along with ongoing activities such as road maintenance and recreation use. Ongoing activities, such as road maintenance, noxious weeds treatments, and recreational use, would continue. Access for public and administrative purposes would continue on the existing transportation system. Alternative 2, the proposed action, will analyze the effects of timber harvest, noncommercial thinning, and prescribed fire activities. A third alternative being considered at this time is similar to Alternative 2; however, it would analyze treatment of the maximum number of acres to meet the purpose and need while meeting Forest Plan standards and guidelines. The action alternatives will examine combinations and degrees of activities to meet the purpose of and need for action and concerns stated during the public scoping process. Responsible Official The responsible official for this project is Jeff Walter, Forest Supervisor, Ochoco National Forest, 3160 NE., Third Street, Prineville, Oregon 97754. Nature of Decision To Be Made The Forest Supervisor will decide whether to conduct timber harvest, noncommercial thinning, and prescribe fire treatments within the Upper Beaver Creek project area. The decision will be based on the information disclosed in the EIS, and the goals, objectives, and desired future conditions as stated in the Forest Plan as amended. The responsible official will consider significant issues, public comments, environmental consequences, and compliance with applicable laws, regulations, and policies in making his decision. The responsible official will also determine whether to amend the Forest Plan to allow:
(1)Prescribed fire treatments in old growth areas and
(2)moving designated old growth areas to areas more suited as old growth habitat. The rationale for the decision will be stated in the Record of Decision for the project. Scoping Process The Paulina Ranger District intends to scope for information by mailing letters to adjacent landowners, persons, and organizations interested or potentially affected by the proposed action. Meetings may be conducted with interested individuals and groups to further explain and clarify the proposal and project area resources and receive comments. This project will be included in the Ochoco National Forest Quarterly Schedule of Proposed Actions for the duration of the environmental analysis. Preliminary Issues The Paulina Ranger District has identified five preliminary issues related to the proposed action. They are:
(1)Removal of trees would cause changes to connectivity corridors;
(2)Proposed activities could cause changes to goshawk nest stands;
(3)Proposed activities in Riparian Habitat Conservation Areas could increase sediment and cause a decline in water quality. Commercial harvest and noncommercial thinning could also cause a reduction in shade on streams and cause an increase in stream temperatures;
(4)Equipment use during harvest activities and connected actions could change soil productivity; and
(5)Prescribed fire treatments would cause changes to ground nesting habitat for migratory and sensitive land birds. Comment Requested This notice of intent is part of the scoping process that will guide the development of the environmental impact statement. The primary purpose of scoping is to gather public comments, issues, and concerns regarding the proposed action. Comments, issues, and concerns may be used to formulate alternatives. Comments are most helpful if they are as specific as possible and relate to the proposed action. Comments should include the name, address, and, if possible, telephone number of the commenter. Electronic comments must be submitted as part of the actual e-mail message, or as an attachment in plain text (.txt), Microsoft Word (.doc), rich text format (.rtf), or portable document format (.pdf). Comments received in response to this solicitation, including the names and addresses of those who comment, will be considered part of the public record and will be available for public inspection. Early Notice of Importance of Public Participation in Subsequent Environmental Review A draft environmental impact statement will be prepared and made available for comment. The comment period on the draft environmental impact statement will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the **Federal Register** . The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft environmental impact statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. *Vermont Yankee Nuclear Power Corp.* v. *NRDC* , 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft environmental impact statement stage but that are not raised until after completion of the final environmental impact statement may be waived or dismissed by the courts. *City of Angoon* v. *Hodel* , 803 F.2d 1016, 1022 (9th Cir. 1986) and *Wisconsin Heritages, Inc.* v. *Harris* , 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is important that those interested in this proposed action participate by the close of the 45-day comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Dated: April 8, 2008. Jeff Walter, Forest Supervisor, Ochoco National Forest. [FR Doc. E8-7838 Filed 4-14-08; 8:45 am] BILLING CODE 3410-11-M DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35). *Agency:* U.S. Census Bureau. *Title:* Government Finance Forms. *Form Number(s):* F-5, F-11, F-11(S), F-12, F-12(S), F-13, F-25, F-28, F-29, F-32, F-42. *OMB Control Number:* 0607-0585. *Type of Request:* Extension of a currently approved collection. *Burden Hours:* 36,040. *Number of Respondents:* 2,257. *Average Hours per Response:* 3 hours. *Needs and Uses:* This program is the only known comprehensive source of state and local government finance data collected on a nationwide scale using uniform definitions, concepts, and procedures. The many different types and sizes of state and local governments require that the Census Bureau use a variety of questionnaires to collect government finance data. In both the Census and annual surveys, equivalent data are collected. In 2007, the Census Bureau submitted a non-substantive change request to OMB seeking permission to add questions for the collection of defined contribution and post-employment health care plan data for state administered systems included in the 2007 Census of Publicly Administered Employee Retirement Systems. In addition, five questions related to the liabilities of these systems were added. The non-substantive change request was approved for the 2007 collection cycle only. The plan for 2008 and future data collections is to collect the defined contribution plan, post-employment health care plan, and the five liability questions, in addition to the defined benefit plan questions from all state administered retirement systems and the 12 locally administered systems whose total holdings and investments are five billion dollars or more. The universe of respondents receiving this questionnaire remains the same as in previous collection cycles. The Census Bureau incorporates the data collected on these forms into its governmental finance program. This program has facilitated the dissemination of comprehensive and comparable governmental finance statistics on government revenue, expenditure, debt, and assets since 1902. These statistics are widely used by Federal, state, and local legislators, policy makers, administrators, analysts, economists, and researchers to follow the changing characteristics of the government sector of the economy. Journalists, teachers, and students rely on these data as well. The Census Bureau provides its governmental finance data annually to the Bureau of Economic Analysis
(BEA)for use in measuring and developing estimates of the government sector of the economy in the National Income and Product Accounts. The Census Bureau also provides these data to the Federal Reserve Board for constructing the Flow of Funds Accounts. If this information were not available, it would create a large gap in economic statistics for the government sector, making it impossible for the BEA to calculate the government sector of the National Income and Product Accounts. It would also eliminate a key source of data needed by the Federal Reserve Board. *Affected Public:* State, local or tribal government. *Frequency:* Annually. *Respondent's Obligation:* Voluntary. *Legal Authority:* Title 13, Sections 161 and 182. *OMB Desk Officer:* Brian Harris-Kojetin,
(202)395-7314. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dhynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Brian Harris-Kojetin, OMB Desk Officer either by fax (202-395-7245) or e-mail ( *bharrisk@omb.eop.gov* ). Dated: April 10, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-8007 Filed 4-14-08; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Agency:* Office of the Secretary, Office of Civil Rights. *Title:* Complaint of Employment Discrimination Used by Permanent Employees and Applicants for Employment at DOC and Complaint of Employment Discrimination for the Decennial Census. *OMB Control Number:* 0690-0015. *Form Number(s):* CD-498 and CD-498A. *Type of Request:* Regular submission. *Burden Hours:* 350. *Number of Respondents:* 700. *Average Time Per Response:* 30 minutes. *Needs and Uses:* The Equal Employment Opportunity Commission
(EEOC)regulations at 29 CFR 1614.106 requires that a person alleging discrimination treatment, based on race, color, religion, sex, national origin, age, disability, and/or reprisal for participation in equal employment opportunity activity, by a federal agency must submit a signed statement that is sufficiently precise to identify the general actions or practices that form the basis of the complaint. The proposed forms are used to collect the required information. The complaint form used by permanent employees and applicants for employment will be part of a regular complaint process. The Decennial Census complaint form, used only during a decennial census, is expected to be used until the end of 2011. *Affected Public:* Individuals or households. *Frequency:* On occasion. *Respondent's Obligation:* Voluntary. *OMB Desk Officer:* David Rostker
(202)395-3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via e-mail at *dHynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent to David Rostker, OMB Desk Officer, fax number
(202)395-7258 or via e-mail at *David_Rostker@omb.eop.gov* . Dated: April 10, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-8008 Filed 4-14-08; 8:45 am] BILLING CODE 3510-BP-P DEPARTMENT OF COMMERCE U.S. Census Bureau Proposed Information Collection; Comment Request; Annual Retail Trade Survey AGENCY: U.S. Census Bureau. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: To ensure consideration, written comments must be submitted on or before June 16, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to John Trimble, U.S. Census Bureau, SSSD HQ-8K175, 4600 Silver Hill Road, Suitland, MD 20746 at
(301)763-7223 (or via the Internet at *John.R.Trimble@census.gov* ). SUPPLEMENTARY INFORMATION: I. Abstract The Annual Retail Trade Survey
(ARTS)provides a sound statistical basis for the formation of policy by other government agencies. It also provides continuing and timely national statistics on retail trade and accommodation and food services, augmenting the period between economic censuses, and is a continuation of similar retail trade surveys conducted each year since 1951. The data collected are applicable to a variety of public and business needs and include annual sales and other operating receipts, e-commerce sales and other operating receipts, purchases, end-of-year inventories, accounts receivables, and operating expenses. Data items collected for accommodation and food services are annual receipts and e-commerce receipts. The estimates of purchased merchandise will be used to estimate trade margins on commodities sold in calculating the personal consumption portion of the Gross Domestic Product
(GDP)by the Bureau of Economic Analysis (BEA). Accounts receivable balances are used by the Federal Reserve Board in measuring consumer credit. Businesses use these estimates to determine market share and to perform other analysis. The ARTS sampling frame consists of all firms operating retail or accommodations and food service establishments within the U.S. whose probability of selection is determined by sales size. Estimates developed in the ARTS are used to benchmark the monthly sales and inventories series. The firms canvassed in this survey are not required to maintain additional records since carefully prepared estimates are acceptable if book figures are not available. Estimates produced from the ARTS are published on the North American Industry Classification System (NAICS) basis. II. Method of Collection ARTS data are collected through mail, fax, and telephone follow-up. In January 2006, we began offering the option to submit data over the Internet using the Census Taker system. III. Data *OMB Control Number:* 0607-0013. *Form Number:* SA-44, SA-44A, SA-44C, SA-44E, SA-44N, SA-44S, SA-45, SA-45C, SA-721A, SA-721E, SA-722A, and SA-722E. *Type of Review:* Regular submission. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Respondents:* 21,635. *Estimated Time Per Response:* 34 minutes. *Estimated Total Annual Burden Hours:* 12,260. *Estimated Total Annual Cost:* $0. *Respondents Obligation:* Mandatory. *Legal Authority:* Title 13 United States Code, Section 182, 224, and 225. IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: April 10, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-8012 Filed 4-14-08; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE Economic Development Administration Proposed Information Collection; Comment Request; Data Collection for Compliance With Government Performance and Results Act AGENCY: Economic Development Administration. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before June 16, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to William P. Kittredge, PhD, Senior Program Analyst, Program Evaluation Division, Room 7009, Economic Development Administration, Washington, DC 20230, or at e-mail *wkittredge@eda.doc.gov* or telephone
(202)482-5442. SUPPLEMENTARY INFORMATION: I. Abstract The Economic Development Administration's mission is to lead the federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and success in the worldwide economy. The Economic Development Administration
(EDA)accomplishes its mission by helping our partners across the nation (states, regions, and communities) create wealth and minimize poverty by promoting a favorable business environment to attract private capital investment and jobs through world-class capacity building, planning, infrastructure, research grants, and strategic initiatives. EDA's strategic investments in public infrastructure and local capital markets provide lasting benefits for economically disadvantaged areas. Acting as catalysts to mobilize public and private investments, EDA's investments address problems of high unemployment, low per capita income, and other forms of severe economic distress in local communities. EDA also provides special economic adjustment assistance to help communities and businesses respond to major layoffs, plant shutdowns, trade impacts, natural disasters, military facility closures, and other severe economic dislocations. EDA must comply with the Government Performance and Results Act of 1993 which requires Federal agencies to develop performance measures, and report to Congress and stakeholders the results of the agency's performance. EDA needs to collect specific data from grant recipients to report on its performance in meeting its stated goals and objectives. II. Method of Collection The forms can be submitted electronically or in paper format. III. Data *OMB Control Number:* 0610-0098. *Form Number(s):* ED-915, ED-916, ED-917, and ED-918. *Type of Review:* Regular submission. *Affected Public:* State, local, or tribal government; not-for-profit institutions; business or other for-profit organizations. *Estimated Number of Respondents:* 1,529. *Estimated Time per Response:* 7 hours 16 minutes. *Estimated Total Annual Burden Hours:* 11,116. *Estimated Total Annual Cost to Public:* $113,220. IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: April 10, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-8011 Filed 4-14-08; 8:45 am] BILLING CODE 3510-34-P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board (Docket 19-2008) Foreign-Trade Zone 122 - Corpus Christi, Texas, Application for Subzone, Haliburton Energy Services, Inc., (Barite Grinding and Milling), Corpus Christi, Texas An application has been submitted to the Foreign-Trade Zones Board (the Board) by the Port of Corpus Christi Authority, grantee of Foreign-Trade Zone
(FTZ)122, requesting special-purpose subzone status for the barite grinding and milling facility of Haliburton Energy Services, Inc.
(HESI)located in Corpus Christi, Texas. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR Part 400). It was formally filed on April 1, 2008. The HESI facility (12 acres, 15 employees) is located at 2600 Navigation Boulevard, in Corpus Christi. The facility is used for the manufacturing, warehousing and distribution activities related to the processing of raw barite (HTSUS 2511.10.50) into ground barite (HTSUS 2511.10.10) (up to 160,000 tons annually). Ground barite is used in the production of drilling fluids (drilling mud) and various specialty chemicals for use by the oil and natural gas exploration industry. HESI sources the majority of its raw barite from abroad. The duty rate on the imported raw barite is $1.25 per metric ton. This application requests authority for HESI to conduct the activity under FTZ procedures, which would exempt the company from customs duty payments on the imported barite used in export production. Less than one percent of production is exported. On domestic sales, the company could choose the duty rate (duty-free) for the imported raw barite used in manufacturing that applies to the finished product. The majority of FTZ-related savings will come from the elimination of the duty on the finished product. HESI will also realize additional savings on the elimination of duties on materials that become scrap/waste during manufacturing. The application indicates that the FTZ-related savings would improve the plant's international competitiveness. In accordance with the Board's regulations, Christopher Kemp of the FTZ staff is designated examiner to investigate the application and report to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board's Executive Secretary at the address listed below. The closing period for their receipt is June 16, 2008. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period (to June 30, 2008). A copy of the application and accompanying exhibits will be available at each of the following addresses: Port of Corpus Christi Authority, 222 Power Street, Corpus Christi, Texas 78401; and, Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Ave, NW, Washington, D.C. 20230. For further information contact Christopher Kemp at christopher_kemp@ita.doc.gov or
(202)482-0862. Dated: April 1, 2008. Andrew McGilvray, Executive Secretary. [FR Doc. E8-8032 Filed 4-14-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE Foreign-Trade Zones Board (Docket 22-2008) Foreign-Trade Zone 2 New Orleans, Louisiana, Application for Subzone, Haliburton Energy Services, Inc.(Barite Grinding and Milling) New Orleans, Louisiana An application has been submitted to the Foreign-Trade Zones Board (the Board) by the Port of New Orleans, grantee of Foreign-Trade Zone
(FTZ)2, requesting special-purpose subzone status for the barite grinding and milling facility of Haliburton Energy Services, Inc.
(HESI)located in New Orleans, Louisiana. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR Part 400). It was formally filed on April 1, 2008. The HESI facility (12 acres, 18 employees) is located within the 14-acre Port of New Orleans property located at 8000 Jourdan Road, in New Orleans. The facility is used for the manufacturing, warehousing and distribution activities related to the processing of raw barite (HTSUS 2511.10.50) into ground barite (HTSUS 2511.10.10) (up to 480,000 tons annually). Ground barite is used in the production of drilling fluids (drilling mud) and various specialty chemicals for use by the oil and natural gas exploration industry. HESI sources the majority of its raw barite from abroad. The duty rate on the imported raw barite is $1.25 per metric ton. This application requests authority for HESI to conduct the activity under FTZ procedures, which would exempt the company from customs duty payments on the imported barite used in export production. Less than one percent of production is exported. On domestic sales, the company could choose the duty rate (duty-free) for the imported raw barite used in manufacturing that applies to the finished product. The majority of FTZ-related savings will come from the elimination of the duty on the finished product. HESI will also realize additional savings on the elimination of duties on materials that become scrap/waste during manufacturing. The application indicates that the FTZ-related savings would improve the plant's international competitiveness. In accordance with the Board's regulations, Christopher Kemp of the FTZ staff is designated examiner to investigate the application and report to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board's Executive Secretary at the address listed below. The closing period for their receipt is June 16, 2008. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period (to June 30, 2008). A copy of the application and accompanying exhibits will be available at each of the following addresses: U.S. Department of Commerce Export Assistance Center, 2 Canal Street, Suite 2710, New Orleans, LA 70130; and, Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Ave, NW, Washington, D.C. 20230. For further information contact Christopher Kemp at christopher_kemp@ita.doc.gov or
(202)482-0862. Dated: April 1, 2008. Andrew McGilvray, Executive Secretary. [FR Doc. E8-8042 Filed 4-14-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE Foreign-Trade Zones Board Docket 19-2008 Foreign-Trade Zone 26 Atlanta, GA, Application for Subzone Status, KIA Motors Manufacturing Georgia, Inc. (Motor Vehicles) An application has been submitted to the Foreign-Trade Zones Board (the Board) by the Georgia Foreign-Trade Zone, Inc., grantee of FTZ 26, requesting special-purpose subzone status for the motor vehicle manufacturing plant of Kia Motors Manufacturing Georgia, Inc. (KMMG), located in West Point, Georgia. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR part 400). It was formally filed on March 28, 2008. The KMMG plant (635 acres/2.4 million sq.ft.) is to be located at 700 Kia Parkway in West Point (Troup County), Georgia. The facility, currently under construction, will be used to produce light-duty passenger vehicles (sedans, sport utility vehicles, minivans) for export and the domestic market. At full capacity, the facility (about 2,500 employees) will manufacture up to approximately 350,000 vehicles annually. Components to be purchased from abroad (representing approximately 25% of total material inputs, by value) would include: oils, hydraulic fluids, pipe/tube of plastics, paint, plastic knobs, flexible rubber tubes/hoses, self-adhesive plastic or polyurethane sheets/foil/film, labels, tape, rubber belts, tires, gaskets, seals, floor mats, safety glass, mirrors, pipe fittings, stranded wire of steel and copper, pins, hangers, brake cables, body parts, trim parts, articles of base metals, doors, fasteners, cotter pins, helical springs, catalytic converters, locks and keys, spark-ignition and diesel engines, engine parts, pumps, compressors, air conditioner components, filters, valves, parts of steering systems, steering wheels, hubs and flanges, universal joints, clutches, half/drive shafts, transmissions and parts of transmissions, torque converters, differentials, bearings and parts thereof, compasses, thermostats, motors, batteries, ignition parts, electrical parts, lighting equipment, horns, windshield wipers, audio/video components, speakers, antennas, wiring harnesses, carpet sets, seats, seat belts, airbag modules/inflators, brake components, wheels, wheel locks, lug nuts, lug wrenches, suspension components, radiators, exhaust systems, hinges, pneumatic dampeners, speedometers, tachometers, voltmeters, flow meters, regulators/controllers, windshields, glass windows, resistors, relays, starters, clocks, spark plugs, and switches (duty rate range: free 9.0%). FTZ procedures would exempt KMMG from customs duty payments on foreign components used in export production (estimated to be 10% of plant shipments). On its domestic sales, KMMG would be able to choose the duty rate that applies to finished passenger vehicles (2.5%) for the foreign inputs noted above that have higher rates. Customs duties also could possibly be deferred or reduced on foreign status production equipment. The application indicates that the savings from FTZ procedures would help improve the facility's international competitiveness. In accordance with the Board's regulations, Pierre Duy of the FTZ Staff is designated examiner to investigate the application and report to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is June 16, 2008. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to June 30, 2008. A copy of the application and accompanying exhibits will be available for public inspection at each of the following locations: U.S. Department of Commerce Export Assistance Center, 75 Fifth Street, N.W., Suite 1055, Atlanta, Georgia 30308; and, Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230-0002. For further information, contact Pierre Duy at pierre_duy@ita.doc.gov, or
(202)482-1378. Dated: April 3, 2008. Andrew McGilvray, Executive Secretary. [FR Doc. E8-8034 Filed 4-14-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Docket 23-2008] Foreign-Trade Zone 26 Atlanta, Georgia, Application for Subzone, Noramco, Inc. (Pharmaceutical Intermediate Manufacturing), Athens, Georgia An application has been submitted to the Foreign-Trade Zones
(FTZ)Board (the Board) by the Georgia Foreign-Trade Zone, Inc., grantee of FTZ 26, requesting special-purpose subzone status with manufacturing authority at the pharmaceutical intermediate manufacturing facility of Noramco, Inc. (Noramco), located in Athens, Georgia. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR part 400). It was formally filed on April 3, 2008. Noramco, a wholly-owned subsidiary of Johnson & Johnson, Inc., produces intermediates for prescription and over-the-counter pharmaceutical products. Noramco has requested authority to manufacture under zone procedures an active ingredient (Tapentadol Hydrochloride) for a new prescription analgesic product at the facility (170 employees). The proposed subzone facility (130 acres, 121,300 sq. ft. within 3 buildings for the proposed activity) is located at 1440 Olympic Drive, Athens, Georgia. Foreign-origin chemical ingredient inputs to be used in the manufacturing process (about half of finished product value) have duty rates ranging from 3.7 percent to 6.5 percent, ad valorem. The applicant is also requesting to import polyethylene bags and poly drums, duty rates 3 percent and 5.3 percent respectively, for use in processing of the active ingredient. FTZ procedures would exempt Noramco from customs duty payments on foreign materials used in export production. At this time, the final product will only be marketed in the United States; however, the plant may in the future support export of the final product to Canada and Japan. On its domestic shipments, Noramco could defer duty until the product is entered for consumption, and choose the duty-free rate that applies to the finished active ingredient for the foreign inputs used in production. The company may also realize certain logistical/procedural savings related to weekly entry and direct delivery procedures, as well as savings on materials that become scrap/waste during manufacturing. The application indicates that FTZ procedures would help improve the plant's international competitiveness. In accordance with the Board's regulations, Diane Finver of the FTZ staff is designated examiner to investigate the application and report to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is June 16, 2008. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period (to June 30, 2008). A copy of the application will be available for public inspection at each of the following locations: U.S. Department of Commerce Export Assistance Center, 75 Fifth Street, N.W, Suite 1055, Atlanta, Georgia 30308; and, Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, D.C. 20230-0002.For further information, contact Diane Finver at Diane_Finver@ita.doc.gov or
(202)482-1367. Dated: April 3, 2008. Andrew McGilvray, Executive Secretary. [FR Doc. E8-8030 Filed 4-14-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE Foreign-Trade Zones Board (Docket 21-2008) Foreign-Trade Zone 87 Lake Charles, Louisiana, Application for Subzone, Haliburton Energy Services, Inc.(Barite Grinding and Milling) Westlake, Louisiana An application has been submitted to the Foreign-Trade Zones Board (the Board) by the Lake Charles Harbor & Terminal District, grantee of Foreign-Trade Zone
(FTZ)87, requesting special-purpose subzone status for the barite grinding and milling facility of Haliburton Energy Services, Inc.
(HESI)located in Westlake, Louisiana. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19U.S.C. 81a-81u), and the regulations of the Board (15 CFR Part 400). It was formally filed on April 1, 2008. The HESI facility (17 acres, 48 employees) is located at 3500 Bayou D'Inde Road, in Westlake. The facility is used for the manufacturing, warehousing and distribution activities related to the processing of raw barite (HTSUS 2511.10.50) into ground barite (HTSUS 2511.10.10) (up to 540,000 tons annually). Ground barite is used in the production of drilling fluids (drilling mud) and various specialty chemicals for use by the oil and natural gas exploration industry. HESI sources the majority of its raw barite from abroad. The duty rate on the imported raw barite is $1.25 per metric ton. This application requests authority for HESI to conduct the activity under FTZ procedures, which would exempt the company from customs duty payments on the imported barite used in export production. Less than one percent of production is exported. On domestic sales, the company could choose the duty rate (duty-free) for the imported raw barite used in manufacturing that applies to the finished product. The majority of FTZ-related savings will come from the elimination of the duty on the finished product. HESI will also realize additional savings on the elimination of duties on materials that become scrap/waste during manufacturing. The application indicates that the FTZ-related savings would improve the plant's international competitiveness. In accordance with the Board's regulations, Christopher Kemp of the FTZ staff is designated examiner to investigate the application and report to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be adressed to the Board's Executive Secretary at the address listed below. The closing period for their receipt is June 16, 2008. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period (to June 30, 2008. A copy of the application and accompanying exhibits will be available at each of the following addresses: Lake Charles Harbor and Terminal District, 150 Marine Street, Lake Charles, Louisiana 70601; and, Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Ave, NW, Washington, D.C. 20230. For further information contact Christopher Kemp at christopher_kemp@ita.doc.gov or
(202)482-0862. Dated: April 1, 2008. Andrew McGilvray, Executive Secretary. [FR Doc. E8-8036 Filed 4-14-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE Bureau of Industry and Security Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting The Sensors and Instrumentation Technical Advisory Committee (SITAC) will meet on April 29, 2008, 9:30 a.m., in the Herbert C. Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration on technical questions that affect the level of export controls applicable to sensors and instrumentation equipment and technology. Agenda Public Session 1. Welcome and Introductions. 2. Remarks from Bureau of Industry and Security Management. 3. Industry Presentations. 4. New Business. Closed Session 5. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at *Yspringer@bis.doc.gov* no later than April 22, 2008. A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to the Committee members, the Committee suggests that the materials be forwarded before the meeting to Ms. Springer. The Assistant Secretary for Administration, with the concurrence of the General Counsel, formally determined on April 8, 2008, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 10(d)), that the portion of this meeting dealing with pre-decisional changes to the Commerce Control List and U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information contact Yvette Springer on
(202)482-2813. Dated: April 9, 2008. Yvette Springer, Committee Liaison Officer. [FR Doc. E8-7909 Filed 4-14-08; 8:45 am] BILLING CODE 3510-JT-P DEPARTMENT OF COMMERCE International Trade Administration (A-570-848) Freshwater Crawfish Tail Meat From the People's Republic of China: Final Results and Partial Rescission of the 2005-2006 Antidumping Duty Administrative Review and Rescission of 2005-2006 New Shipper Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 15, 2008. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review and new shipper reviews of the antidumping duty order on freshwater crawfish tail meat (crawfish) from the People's Republic of China (PRC). The period of review
(POR)is September 1, 2005, through August 31, 2006. The Department published the preliminary results of these reviews on October 9, 2007. *See Freshwater Crawfish Tail Meat From the People's Republic of China: Preliminary Results and Partial Rescission of the 2005-2006 Antidumping Duty Administrative Review and Preliminary Intent to Rescind 2005-2006 New Shipper Reviews* , 72 FR 57288 (October 9, 2007) ( *Preliminary Results* ). We invited interested parties to comment on the *Preliminary Results* . After reviewing interested parties' comments, we made no changes to our calculations for the final results of review. The final dumping margins for this review are listed in the “Final Results of Review” section below. FOR FURTHER INFORMATION CONTACT: Melissa Blackledge or Jeff Pedersen; AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., N.W., Washington, DC 20230; telephone:
(202)482-3518 or
(202)482-2769, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the *Preliminary Results* on October 9, 2007. On December 17, 2007, the petitioners 1 , Xuzhou Jinjiang Foodstuffs Co., Ltd. (Xuzhou), Washington International Insurance Co. (WII), the surety company for the U.S. importer of Xuzhou's subject merchandise, and Jingdezhen Garay Foods Co., Ltd (Jingdezhen) submitted case briefs. On December 26, 2007, Xiping Opeck Food Co., Ltd. (Xiping Opeck), and the petitioners submitted rebuttal briefs. On February 22, 2008, WII and Xuzhou submitted comments in response to a memorandum the Department placed on the record regarding Xuzhou's shipments to the United States. *See* Memorandum from Jeff Pedersen to the File regarding “Information Obtained from the Food and Drug Administration Regarding Shipments by Xuzhou Jinjiang Foodstuffs Co., Ltd.,” dated February 7, 2008. 1 The petitioners are the Crawfish Processors Alliance, the Louisiana Department of Agriculture and Forestry, and Bob Odom, Commissioner. On February 1, 2008, the Department extended the time period for completion of the final results until April 7, 2008. *See Freshwater Crawfish Tail Meat From the People's Republic of China: Notice of Extension of Time Limit for the Final Results of the 2005-2006 Antidumping Duty Administrative Review and 2005-2006 New Shipper Reviews* , 73 FR 6127 (February 1, 2008). Scope of the Order The product covered by this antidumping duty order is freshwater crawfish tail meat, in all its forms (whether washed or with fat on, whether purged or unpurged), grades, and sizes; whether frozen, fresh, or chilled; and regardless of how it is packed, preserved, or prepared. Excluded from the scope of the order are live crawfish and other whole crawfish, whether boiled, frozen, fresh, or chilled. Also excluded are saltwater crawfish of any type, and parts thereof. Freshwater crawfish tail meat is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers 1605.40.10.10 and 1605.40.10.90, which are the new HTSUS numbers for prepared foodstuffs, indicating peeled crawfish tail meat and other, as introduced by CBP in 2000, and HTSUS numbers 0306.19.00.10 and 0306.29.00.00, which are reserved for fish and crustaceans in general. The HTSUS subheadings are provided for convenience and customs purposes only. The written description of the scope of this order is dispositive. Final Rescission of New Shipper Reviews In the *Preliminary Results* , the Department preliminarily rescinded the new shipper reviews of Anhui Tongxin Aquatic Product & Food Co., Ltd. (Anhui), Huoshan New Three-Gold Food Trade Co., Ltd. (Huoshan), and Jingdezhen because it found the companies' sales were not *bona fide* . *See Preliminary Results* ; *see also* , separate memoranda for each of these companies to Stephen J. Claeys, Deputy Assistant Secretary For Import Administration from Abdelali Elouaradia, Director, Office 4 Import Administration, regarding *Bona Fide* Sales Analysis and Intent to Rescind the Review (dated October 1, 2007). We received comments with respect to our preliminary decision to rescind the new shipper review for Jingdezhen. The Department continues to find sales by Anhui, Huoshan, and Jingdezhen to be non- *bona fide* . *See* Comment 2 of the “Issues and Decision Memorandum for the Final Results and Partial Rescission of the 2005-2006 Antidumping Duty Administrative Review and Rescission of 2005-2006 New Shipper Reviews” (Issues and Decision Memorandum) accompanying this notice for a detailed discussion of our decision with respect to Jingdezhen. Because these companies had no reviewable sales during the POR, the Department is rescinding these new shipper reviews. *See* 19 CFR 351.213(d)(3); *see also* , *Tianjin Tiancheng Pharmaceutical Co., Ltd. v. United States* , 366 F. Supp. 2d 1246, 1263 (CIT 2005) (the Court of International Trade affirmed that Commerce may exclude sales from the export price calculation where it finds the sales are not *bona fide* . In the case of new shipper reviews involving only one sale, exclusion of the new shipper sale as being non- *bona fide* must necessarily end the review). Final Partial Rescission of Administrative Review In the *Preliminary Results* , the Department preliminarily rescinded the administrative review of Yancheng Hi-King Agriculture Developing Co., Ltd. (Yancheng), which reported no shipments, and Anhui, whose single sale, which was covered by both the new shipper review and administrative review, the Department found to be non- *bona fide* . Interested parties did not comment on these preliminary rescissions. For the reasons stated in the *Preliminary Results* , we are rescinding the administrative review with respect to Yancheng and Anhui. *See* 19 CFR 351.213(d)(3). Adverse Facts Available In the *Preliminary Results* , the Department found that Xuzhou failed to report all of its U.S. sales of subject merchandise, and thus it was appropriate to base the company's dumping margin on total adverse facts available. For these final results, the Department continues to find that it is appropriate to base Xuzhou's dumping margin on total adverse facts available. *See* the accompanying Issues and Decision Memorandum at Comment 3. Analysis of Comments Received All issues raised in the case briefs are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues which parties raised and to which we responded in the Issues and Decision Memorandum is attached to this notice as an appendix. The Issues and Decision Memorandum is a public document which is on file in the Central Records Unit in room 1117 in the main Department building, and is accessible on the Web at http://www.ia.ita.doc.gov/frn. The paper copy and electronic version of the memorandum are identical in content. Changes Since the Preliminary Results There have been no changes since the *Preliminary Results* . Final Results of Review We determine that the following percentage margins exist for the period September 1, 2005, through August 31, 2006: Freshwater Crawfish Tail Meat from the PRC Manufacturer/Exporter Weighted-Average Margin (Percent) Xiping Opeck Food Co., Ltd 13.61 Xuzhou Jinjiang Foodstuffs Co., Ltd. 223.01 PRC-wide Rate 223.01 Assessment Rates Pursuant to 19 CFR 351.212(b), the Department will determine, and U.S. Customs and Border Protection
(CBP)shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of this notice of final results of administrative review for all shipments of crawfish from the PRC entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(1) of the Act:
(1)for Xiping Opeck and Xuxhou, which each have separate rates, the cash deposit rate will be the company-specific rate shown above;
(2)for previously reviewed or investigated companies not listed above that have a separate rate, the cash deposit rate will continue to be the company-specific rate published for the most recent period;
(3)the cash deposit rate for all other PRC exporters will be 223.01 percent, the current PRC-wide rate; and
(4)the cash deposit rate for all non-PRC exporters will be the rate applicable to the PRC exporter that supplied that exporter. These cash deposit requirements shall remain in effect until further notice. Notification of Interested Parties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders
(APOs)of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this determination and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 7, 2008. David M. Spooner, Assistant Secretary for Import Administration. Appendix - List of Issues *Comment 1:* Whether the Department Should Assign a Combination Rate to Xiping Opeck *Comment 2:* Whether Jingdezhen's Sale was *Bona Fide* *Comment 3:* Whether Xuzhou's Dumping Margin Should be Based on Total Adverse Facts Available A. Unreported POR Sales of Subject Merchandise B. Application of Adverse Facts Available C. The Appropriate AFA Rate *Comment 4:* Whether the Department Should have Accepted New Factual Information Submitted by Washington International Insurance Company *Comment 5:* Whether Certain Factual Information Should be Removed from the Record [FR Doc. E8-8046 Filed 4-14-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-933] Frontseating Service Valves From the People's Republic of China: Initiation of Antidumping Duty Investigation AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 15, 2008. FOR FURTHER INFORMATION CONTACT: Hallie N. Zink, AD/CVD Operations, China/NME Group, SEC Office, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 202-482-6907. Initiation of Investigation The Petition On March 19, 2008, the Department of Commerce (“Department”) received a petition concerning imports of frontseating service valves (“FSVs”) from the People's Republic of China (“PRC”), filed in proper form by Parker-Hannifin Corporation (“Petitioner”). *See* Petition for the Imposition of Antidumping Duties on Frontseating Service Valves, filed March 19, 2008 (“Petition”). On March 25, 2008, the Department issued a request for additional information and clarification of certain areas of the Petition. Based on the Department's request, Petitioner filed additional information on March 31, 2008 (“Supplement to the Petition”). The Department requested corrections to data filed in the Supplement to the Petition and the Petitioner filed the corrections on April 4, 2008. *See* Memorandum to the file dated April 3, 2008, from Meredith A. W. Rutherford, Import Policy Analyst. In accordance with section 732(b) of the Tariff Act of 1930, as amended (“Act”), Petitioner alleges that imports of FSVs from the PRC are being, or are likely to be, sold in the United States at less-than-fair-value (“LTFV”), within the meaning of section 731 of the Act, and that the domestic industry is materially injured or threatened with material injury by reason of such imports. The Department finds that Petitioner may file this Petition on behalf of the domestic industry because Petitioner is an interested party as defined in section 771(9)(C) of the Act, and has demonstrated sufficient industry support with respect to the antidumping duty investigation. *See* Determination of Industry Support for the Petition section, *infra.* Period of Investigation The period of investigation (“POI”) is July 1, 2007, through December 31, 2007. *See* 19 CFR 351.204(b)(1). Scope of Investigation The merchandise covered by this investigation is frontseating service valves, assembled or unassembled, complete or incomplete, and certain parts thereof. Frontseating service valves contain a sealing surface on the front side of the valve stem that allows the indoor unit or outdoor unit to be isolated from the refrigerant stream when the air conditioning or refrigeration unit is being serviced. Frontseating service valves rely on an elastomer seal when the stem cap is removed for servicing and the stem cap metal to metal seat to create this seal to the atmosphere during normal operation. 1 1 The frontseating service valve differs from a backseating service valve in that a backseating service valve has two sealing surfaces on the valve stem. This difference typically incorporates a valve stem on a backseating service valve to be machined of steel, where a frontseating service valve has a brass stem. The backseating service valve dual stem seal (on the back side of the stem), creates a metal to metal seal when the valve is in the open position, thus, sealing the stem from the atmosphere. For purposes of the scope, the term “unassembled” frontseating service valve means a brazed subassembly requiring any one or more of the following processes: the insertion of a valve core pin, the insertion of a valve stem and/or O ring, the application or installation of a stem cap, charge port cap or tube dust cap. The term “complete” frontseating service valve means a product sold ready for installation into an air conditioning or refrigeration unit. The term “incomplete” frontseating service valve means a product that when sold is in multiple pieces, sections, subassemblies or components and is incapable of being installed into an air conditioning or refrigeration unit as a single, unified valve without further assembly. The major parts or components of frontseating service valves intended to be covered by the scope under the term “certain parts thereof” are any brazed subassembly consisting of any two or more of the following components: a valve body, field connection tube, factory connection tube or valve charge port. The valve body is a rectangular block, or brass forging, machined to be hollow in the interior, with a generally square shaped seat (bottom of body). The field connection tube and factory connection tube consist of copper or other metallic tubing, cut to length, shaped and brazed to the valve body in order to create two ports, the factory connection tube and the field connection tube, each on opposite sides of the valve assembly body. The valve charge port is a service port via which a hose connection can be used to charge or evacuate the refrigerant medium or to monitor the system pressure for diagnostic purposes. The scope includes frontseating service valves of any size, configuration, material composition or connection type. Frontseating service valves are classified under subheading 8481.80.1095, and also have been classified under subheading 8415.90.80.85 of the Harmonized Tariff Schedule of the United States (“HTSUS”). It is possible for frontseating service valves to be manufactured out of primary materials other than copper and brass, in which case they would be classified under HTSUS subheadings 8481.80.3040, 8481.80.3090, or 8481.80.5090. In addition, if unassembled or incomplete frontseating service valves are imported, the various parts or components would be classified under HTSUS subheadings 8481.90.1000, 8481.90.3000, or 8481.90.5000. The HTSUS numbers are provided for convenience and customs purposes, but the written description of the scope is dispositive. Comments on Scope of Investigation During review of the Petition, the Department discussed the scope with Petitioner to ensure that it is an accurate reflection of the products for which the domestic industry is seeking relief. In addition, as discussed in the preamble to the Department's regulations, the Department is setting aside a period of time for interested parties to raise issues regarding product coverage. *See Antidumping Duties; Countervailing Duties; Final Rule,* 62 FR 27296, 27323 (May 19, 1997). The Department encourages all interested parties to submit such comments to the Department by April 28, 2008. Comments should be addressed to Import Administration's APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, Attention: Hallie N. Zink, room 4003. The period of scope consultations is intended to provide the Department with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determination. Comments on Product Characteristics for Antidumping Duty Questionnaire The Department is requesting comments from interested parties regarding the appropriate physical characteristics of FSVs to be reported in response to the Department's antidumping questionnaire. This information will be used to identify the key physical characteristics of the subject merchandise in order for any respondents to report more accurately the relevant factors of production, as well as develop appropriate product reporting criteria, in accordance with the Department's non-market economy (“NME”) methodology, as described in the “Normal Value” section, *infra* . Interested parties may provide any information or comments that they believe are relevant to the development of an accurate listing of physical characteristics. Specifically, interested parties may provide comments as to which characteristics are appropriate to use as:
(1)General product characteristics; and
(2)product reporting criteria. The Department notes that it is not always appropriate to use all product characteristics as product reporting criteria. While there may be some physical product characteristics that manufacturers use to describe FSVs, it may be that only a select few product characteristics take into account meaningful physical characteristics of FSVs. In order to consider the suggestions of interested parties in developing and issuing the antidumping duty questionnaire, the Department must receive non-proprietary comments at the above-referenced address by April 28, 2008, and receive rebuttal comments by May 8, 2008. Determination of Industry Support for the Petition Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for:
(i)At least 25 percent of the total production of the domestic like product; and
(ii)more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall:
(i)Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A), or
(ii)determine industry support using a statistically valid sampling method. Section 771(4)(A) of the Act defines the “industry” as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (“ITC”), which is responsible for determining whether “the domestic industry” has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product (section 771(10) of the Act), they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law. *See USEC, Inc.* v. *United States,* 132 F. Supp. 2d 1, 8 (CIT 2001), *citing Algoma Steel Corp. Ltd.* v. *United States,* 688 F. Supp. 639, 644 (CIT 1988), *aff'd* 865 F.2d 240 (Fed. Cir. 1989), *cert. denied* 492 U.S. 919 (1989). Section 771(10) of the Act defines the domestic like product as “a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this subtitle.” Thus, the reference point from which the domestic like product analysis begins is “the article subject to an investigation” ( *i.e.* , the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, Petitioner does not offer a definition of domestic like product distinct from the scope of the investigation. Based on the Department's analysis of the information submitted on the record, the Department has determined that FSVs constitutes a single domestic like product and the Department has analyzed industry support in terms of that domestic like product. For a discussion of the domestic like product analysis in this case, *see* “Antidumping Duty Investigation Initiation Checklist: Frontseating Service Valves from the People's Republic of China” (“Initiation Checklist”), at Attachment II (Industry Support), on file in the Central Records Unit, Room 1117 of the main Department of Commerce building. The Department's review of the data provided in the Petition, supplemental submissions, and other information readily available to the Department indicates that Petitioner has established industry support. First, the Petition establishes support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, the Department is not required to take further action in order to evaluate industry support ( *e.g.* , polling). *See* Section 732(c)(4)(D) of the Act. Second, the domestic producers have met the statutory criteria for industry support under 732(c)(4)(A)(i) because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product. Finally, the domestic producers have met the statutory criteria for industry support under 732(c)(4)(A)(ii) because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition. Accordingly, the Department determines that the Petition was filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act. *See* Initiation Checklist, at Attachment II. The Department finds that Petitioner filed the Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act and it has demonstrated sufficient industry support with respect to the antidumping investigation that it is requesting the Department initiate. *See* Initiation Checklist, at Attachment II. Allegations and Evidence of Material Injury and Causation Petitioner alleges that the U.S. industry producing the domestic like product is being materially injured by reason of the imports of the subject merchandise sold at less than normal value (“NV”). Petitioner contends that the industry's injured condition is illustrated by the reduced market share, reduced production, and capacity utilization, reduced shipments, underselling and price depressing and suppressing effects, lost revenue and sales, reduced employment, a decline in financial performance, and an increase in import penetration. The Department has assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and the Department determines that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation. *See* Initiation Checklist, at Attachment III. Allegation of Sales at Less Than Fair Value The following is a description of the allegation of sales at LTFV upon which the Department based its decision to initiate this investigation of imports of FSVs from the PRC. The sources of data for the deductions and adjustments relating to the U.S. price and the factors of production are also discussed in the checklist. *See* Initiation Checklist. Should the need arise to use any of this information as facts available under section 776 of the Act in the preliminary or final determinations, the Department will re-examine the information and revise the margin calculations, if appropriate. Export Price Petitioner obtained three price quotes for three different sized FSVs produced and exported by Zhejiang Sanhua Co., Ltd. (“Sanhua”) in the PRC and offered for sale to one of its U.S. customers during the POI. *See* Petition, at 23-24; Initiation Checklist. Petitioner deducted charges and expenses associated with exporting and delivering the product, including the affiliated importer, Sanhua International Inc.'s (“Sanhua USA”), U.S. indirect selling expenses, U.S. credit expenses, U.S. inland freight, ocean freight and insurance charges, U.S. duties, U.S. port and wharfage fees, foreign inland freight costs, and foreign brokerage and handling. *See* Petition, at 26; Initiation Checklist. Petitioner calculated the affiliated U.S. importer's indirect selling expenses based on its own industry knowledge and experience. *See* Petition, at 29, 34, 40; Supplement to the Petition, at 15-17, and AD-Supp 6; and Initiation Checklist. Petitioner calculated U.S. inland freight, port to Sanhua USA's warehouse facility, based on its commercial experience and direct quotes for the specific U.S. importer's route. *See* Petition, at 27, 34, 41, and Exhibits AD 2A-AD 2C; Initiation Checklist. Because Petitioner obtained the U.S. inland freight quote after the POI, it provided a period deflator, moving the U.S. inland freight quote to the average of the POI. *See* Supplement to the Petition, at 17; I Exhibits AD-Supp 9, and AD-Supp 15A-15C; and Initiation Checklist. Normal Value Petitioner notes that the Department's long-standing treatment of the PRC as an NME country remains in effect until revoked by the Department, and notes that no such revocation determination has been made to date. *See* Petition, at 46-47. The Department has previously examined the PRC's market status and determined that NME status should continue for the PRC. *See* Memorandum from the Office of Policy to David M. Spooner, Assistant Secretary for Import Administration, regarding The People's Republic of China Status as a Non-Market Economy, dated May 15, 2006 (available online at *http://ia.ita.doc.gov/download/prc-nme-status/prc-nme-status-memo.pdf* ). In addition, in recent investigations, the Department has continued to determine that the PRC is an NME country. *See Final Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of Critical Circumstances: Certain Polyester Staple Fiber from the People's Republic of China,* 72 FR 19690 (April 19, 2007); *Final Determination of Sales at Less Than Fair Value: Certain Activated Carbon from the People's Republic of China,* 72 FR 9508 (March 2, 2007). In accordance with section 771(18)(C)(i) of the Act, the presumption of NME status remains in effect until revoked by the Department. The presumption of NME status for the PRC has not been revoked by the Department and, therefore, remains in effect for purposes of the initiation of this investigation. Accordingly, the NV of the product is appropriately based on factors of production valued in a surrogate market economy country, in accordance with section 773(c) of the Act. In the course of this investigation, all parties will have the opportunity to provide relevant information related to the issues of the PRC's NME status and the granting of separate rates to individual exporters. Petitioner asserts that, of the five countries normally considered as alternative surrogate market economies for the PRC, *i.e.* , India, Egypt, Indonesia, the Philippines and Sri Lanka, India is the appropriate surrogate country for the PRC because it is has a significant brass valve industry, including several producers of FSVs, is at a comparable level of economic development, and surrogate data from India are available and reliable. *See* Petition, at 47-48; Initiation Checklist. Further, Petitioner notes that the four other potential surrogate countries either have no FSVs production, or have FSVs production on a limited scale. *See* Petition, at 49-50, and Exhibit AD 3D; Initiation Checklist. Based on the information provided by Petitioner, the Department believes that the use of India as a surrogate country is appropriate for purposes of initiation. *See* Initiation Checklist. However, after initiation of the investigation, interested parties will have the opportunity to submit comments regarding surrogate country selection and, pursuant to 19 CFR 351.301(c)(3)(i), will be provided an opportunity to submit publicly available information to value factors of production within 40 days after the date of publication of the preliminary determination. Petitioner calculated NVs and dumping margins for each of the three U.S. prices, discussed above, using the Department's NME methodology as required by 19 CFR 351.202(b)(7)(i)(C) and 19 CFR 351.408. Petitioner calculated NVs based on its own consumption rates for producing FSVs in 2007, with adjustments made for known differences, which included adjustments for labor and total material weight per piece. *See* Petition, at 51-56, and Exhibits AD11-AD11C; Supplement to the Petition, at 21-22, 27-28, and Exhibits AD—Supp 17-17C; and Initiation Checklist. Petitioner states that its production experience is representative of the production process used in the PRC because production of FSVs by large Chinese producers is based on similar, partly vertically integrated manufacturing starting with brass bar and copper tubing. *See* Petition, at 51; Supplement to the Petition, at 21-22; and Initiation Checklist. Petitioner valued the factors of production on reasonably available, public surrogate country data, including official Indian government import statistics. *See* Petition, at 56; Initiation Checklist. Petitioner sourced the Indian statistics from the World Trade Atlas (“WTA”), excluding values from countries previously determined by the Department to be NME countries, as well as imports into India from Indonesia, the Republic of Korea, and Thailand because they maintain broadly available, non-industry specific, export subsidies. Specifically, Petitioner relied on WTA data for the following production inputs ( *i.e.* , raw material metal inputs, semi-finished parts purchased, scrap as a production cost offset, chemical inputs, industrial gasses, and packing materials): Brass bar for valve bodies and valve stems; copper tubing to create a factory connection and field connection; valve stem caps; brass charge ports; check (gauge) valve cores; brass acorn charge port caps; plastic (neoprene) o-rings; copper scrap; brass scrap; coolant; solvent; hydraulic fluid; hydrogen; helium; compressed air; corrugated cartons; corrugated packing pads/cartons dividers; carton labels; wood pallets; and plastic pallet film. *See* Petition, at 59-81; Supplement to the Petition, at AD-Supp 17; and Initiation Checklist. Petitioner used the US$ 0.83/hour labor rate for the PRC currently available for 2004 on the Department's Web site. *See* Petition, at 81, and Exhibit AD 22; Initiation Checklist. After noting that the WTA import value for the industrial gas input, nitrogen, appeared particularly high, Petitioner compared it against another source, a domestic Indian gas price. Subsequently, Petitioner determined to apply a more conservative surrogate value for nitrogen obtained from Bhoruka Gas Limited, an Indian manufacturer of industrial gases, 2 inflated from the 1997 source material, rather than the WTA value. 3 *See* Petition, at 84; Initiation Checklist. Petitioner valued electricity for industrial use in India in the fourth quarter of 2002, as published by the International Energy Agency (“IEA”) in its 2005 Key World Energy Statistics on-line. *See* Petition, at 82; Supplement to the Petition, at 30; and Initiation Checklist. Petitioner valued natural gas based on the publication of non-subsidized Indian natural gas prices. Petitioner explains that, as noted in a May 28, 2005, *Financial Express* article, analysis must differentiate between the subsidized GAIL natural gas tariff and the Indian market-determined price for industrial users. *See* Petition, at 83, and Exhibit AD 23B; Supplement to the Petition, at 30. 2 As previously used in the *Preliminary Determination of the Antidumping Duty Investigation of Carbon and Certain Alloy Steel Wire Rod from Moldova,* 67 FR 17401(April 2, 2002) (“ *Steel Wire Rod from Moldova* ”). 3 *See Steel Wire Rod from Moldova,* Factors of Production Valuation/Analysis Memorandum dated, April 2, 2002, at 6. Petitioner calculated water prices from publicly available information published by the Maharashtra Industrial Development Corporation on India. *See* Petition, at 83, and Exhibit AD 23C; Supplement to the Petition, at 30. Where Petitioner was unable to find input prices contemporaneous with the POI, it adjusted for inflation using the wholesale prices index for India, as published in “International Financial Statistics” by the International Monetary Fund. *See* Petition, at 57; Supplement to the Petition, at 29-30, and Exhibits AD-Supp 13 and 14; and Initiation Checklist. For exchange rates to convert Indian Rupees to U.S. Dollars, Petitioner averaged the foreign currency exchange rates, as provided on the Department's Web site, for each day of the POI. Monetary conversions were applied only after having first applied a Rupees-based inflator to the original source Rupee value, as necessary. *See* Petition, at 58, and Exhibit AD 5; Supplement to the Petition, at 29-30; and Initiation Checklist. Petitioner was unable to provide a specific Indian Harmonized Tariff Schedule (“HTS”) category for brazing rings, one of the raw material inputs it purchased and used in the production of FSVs. Petitioner explains that brazing rings, which are made of copper, silver, zinc, phosphorus and tin, are used to connect various components of the valve assembly. *See* Petition, at 67; Initiation Checklist. Petitioner argues that because the finished brazing ring is a highly value-added component, the Department should value each element in the alloy composition (silver, zinc, phosphorus, and tin) and then attribute the value of each element to the proportion of each element. *See* Petition, at 67-68; Supplement to the Petition, at 30-32; and Initiation Checklist. Petitioner notes that it was similarly unable to locate an HTS category specific to brazing rings in one of the four other potential surrogate countries, *i.e.* , Egypt, Indonesia, the Philippines and Sri Lanka. *See* Supplement to the Petition, at 30-31; Initiation Checklist. While Petitioner did provide an Indian HTS basket subcategory, 8481.90.90 OTHER PARTS OF THE ITEMS UNDER HDG 8481, for valuing this raw material input, which it concedes would cover brazing rings, it argues that the average unit value (“AUV”) for this HTS is far lower than the actual U.S. market price paid by Petitioner. *See* Supplement to the Petition, at 31-32; Initiation Checklist. For initiation purposes, however, rather than attempting to account for the exact metal formulation in the alloy composition, we have determined to conservatively value brazing rings using the Indian HTS subcategory 8481.90.90. *See* Initiation Checklist, at Attachment V. For the surrogate financial expenses for factory overhead, selling, general and administrative expenses (“SG&A”), and profit, Petitioner relied on the financial ratios of Brassomatic Pvt. Ltd. (“Brassomatic”), an Indian brass air-conditioning valve producer and Carbac Holdings Ltd. (“Carbac”), an Indian brass valve producer for the natural gas industry. Brassomatic, however, had no profit before taxes in 2006/2007, while Carbac recorded profits during that time. Therefore, Petitioner calculated factory overhead and SG&A expenses using Brassomatic's 2006/2007 financial statements, while calculating surrogate profit using Carbac's 2006/2007 financial statements. *See* Petition, at 85-86, and Exhibits AD 24-AD 25; Supplement to the Petition, at 24-26, and Exhibits AD-Supp 17A-17C; Initiation Checklist. Since Brassomatic's financial statement did not report a profit, we have determined not to use any of Brassomatic's data in our calculation of surrogate financial ratios for purposes of this initiation. It is the Department's practice to disregard financial statements with zero profit when there are financial statements of other surrogate companies that have earned profit on the record. *See Notice of Initiation of Antidumping Duty Investigations: Electrolytic Manganese Dioxide from Australia and the People's Republic of China,* 72 FR 52850 (September 17, 2007); *citing Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Final Results of the First Antidumping Administrative Review and First New Shipper Review,* 72 FR 52052 (September 12, 2007) and accompanying Issues and Decision Memorandum at Comment 2, section B. Therefore, we have recalculated factory overhead, SG&A, and profit using Carbac's 2006/2007 reported financial ratios. Although Carbac is not as similar as Brassomatic is to the PRC producer, it is still a producer of comparable merchandise and therefore serves as a viable alternative source of surrogate financial ratios information. *See* Initiation Checklist, at Attachment V. Fair Value Comparisons Based on the data provided by Petitioner, as adjusted by the Department, there is reason to believe that imports of FSVs from the PRC are being, or are likely to be, sold in the United States at LTFV. Based on comparisons of export price to NV, calculated in accordance with section 773(c) of the Act, the estimated dumping margins for FSVs range from 25.82 percent to 55.62 percent. *See* Initiation Checklist, at Attachment V. Initiation of Antidumping Investigations Based upon the examination of the Petition on FSVs from the PRC, the Department finds that the Petition meets the requirements of section 732 of the Act. Therefore, the Department is initiating an antidumping duty investigation to determine whether imports of FSVs from the PRC are being, or are likely to be, sold in the United States at LTFV. In accordance with section 733(b)(1)(A) of the Act, unless postponed, the Department will make its preliminary determination no later than 140 days after the date of this initiation. Separate Rates In order to obtain separate-rate status in NME investigations, exporters and producers must submit a separate-rate status application. *See* Policy Bulletin 05.1: Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries (April 5, 2005) (“Separate Rates/Combination Rates Bulletin”), available on the Department's Web site at *http://ia.ita.doc.gov/policy/bull05-1.pdf.* The specific requirements for submitting the separate-rate application in this investigation are outlined in detail in the application itself, available on the Department's Web site at *http://ia.ita.doc.gov/ia-highlights-and-news.html* on the date of publication of this initiation notice in the **Federal Register** . The separate rate-application will be due sixty
(60)days from the date of publication of this initiation notice in the **Federal Register** . NME Respondent Selection and Quantity and Value Questionnaire The Department will request quantity and value information from all known exporters and producers identified in the Petition and Supplement to the Petition. The quantity and value data received from NME exporters/producers will be used as the basis to select the mandatory respondents. The Department requires that the respondents submit a response to both the quantity and value questionnaire and the separate-rate application by the respective deadlines in order to receive consideration for separate-rate status. *See Circular Welded Austenitic Stainless Pressure Pipe from the People's Republic of China: Initiation of Antidumping Duty Investigation,* 73 FR 10221, 10225 (February 26, 2008); and *Initiation of Antidumping Duty Investigation: Certain Artist Canvas From the People's Republic of China,* 70 FR 21996, 21999 (April 28, 2005). Appendix I of this notice contains the quantity and value questionnaire that must be submitted by all NME exporters/producers no later than May 8, 2008. In addition, the Department will post the quantity and value questionnaire along with the filing instructions on the Import Administration Web site, at *http://ia.ita.doc.gov/ia-highlights-and-news.html.* The Department will send the quantity and value questionnaire to those PRC companies identified in the Petition, at 9; Supplement to Petition, at 1-2. Use of Combination Rates in an NME Investigation The Department will calculate combination rates for certain respondents that are eligible for a separate rate in this investigation. The Separate Rates/Combination Rates Bulletin states: {w}hile continuing the practice of assigning separate rates only to exporters, all separate rates that the Department will now assign in its NME investigations will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well as the pool of non-investigated firms receiving the weighted-average of the individually calculated rates. This practice is referred to as the application of combination rates because such rates apply to specific combinations of exporters and one or more producers. The cash-deposit rate assigned to an exporter will apply only to merchandise both exported by the firm in question *and* produced by a firm that supplied the exporter during the period of investigation. *See* Separate Rates/Combination Rates Bulletin, at 6. Distribution of Copies of the Petition In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), copies of the public version of the Petition have been provided to the representatives of the Government of the PRC. The Department considers the service of the public version of the Petition to the foreign exporters/producers satisfied by the delivery of a public version to the Government of the PRC, consistent with 19 CFR 351.203(c)(2). U.S. International Trade Commission Notification The Department has notified the ITC of its initiation, as required by section 732(d) of the Act. Preliminary Determination by the International Trade Commission The ITC will preliminarily determine, no later than May 5, 2008, whether there is a reasonable indication that the U.S. industry is materially injured or threatened with material injury by imports of FSVs from the PRC. A negative ITC determination with respect to the investigation will result in the investigation being terminated; otherwise, this investigation will proceed according to statutory and regulatory time limits. This notice is issued and published pursuant to section 777(i) of the Act. Dated: April 8, 2008. David M. Spooner, Assistant Secretary for Import Administration. Appendix I Where it is not practicable to examine all known exporters/producers of subject merchandise, section 777A(c)(2) of the Tariff Act of 1930, as amended, permits us to investigate
(1)a sample of exporters, producers, or types of products that is statistically valid based on the information available at the time of selection, or
(2)exporters and producers accounting for the largest volume and value of the subject merchandise that can reasonably be examined. In the chart below, please provide the total quantity and total value of all your sales of merchandise covered by the scope of this investigation ( *see* “Scope of Investigation” section of this notice), produced in the PRC, and exported/shipped to the United States during the period July 1, 2007, through December 31, 2007. Market Total quantity in pieces Terms of sale Total value United States 1. Export Price Sales 2. a. Exporter Name b. Address c. Contact d. Phone No. e. Fax No. 3. Constructed Export Price Sales 4. Further Manufactured Total sales Total Quantity: • Please report quantity on a metric ton basis. If any conversions were used, please provide the conversion formula and source. Terms of Sales: • Please report all sales on the same terms ( *e.g.* , free on board at port of export). Total Value: • All sales values should be reported in U.S. dollars. Please indicate any exchange rates used and their respective dates and sources. Export Price Sales: • Generally, a U.S. sale is classified as an export price sale when the first sale to an unaffiliated customer occurs before importation into the United States. • Please include any sales exported by your company directly to the United States. • Please include any sales exported by your company to a third-country market economy reseller where you had knowledge that the merchandise was destined to be resold to the United States. • If you are a producer of subject merchandise, please include any sales manufactured by your company that were subsequently exported by an affiliated exporter to the United States. • Please do not include any sales of subject merchandise manufactured in Hong Kong in your figures. Constructed Export Price Sales: • Generally, a U.S. sale is classified as a constructed export price sale when the first sale to an unaffiliated customer occurs after importation. However, if the first sale to the unaffiliated customer is made by a person in the United States affiliated with the foreign exporter, constructed export price applies even if the sale occurs prior to importation. • Please include any sales exported by your company directly to the United States; • Please include any sales exported by your company to a third-country market economy reseller where you had knowledge that the merchandise was destined to be resold to the United States. • If you are a producer of subject merchandise, please include any sales manufactured by your company that were subsequently exported by an affiliated exporter to the United States. • Please do not include any sales of subject merchandise manufactured in Hong Kong in your figures. Further Manufactured: • Sales of further manufactured or assembled (including re-packaged) merchandise is merchandise that undergoes further manufacture or assembly in the United States before being sold to the first unaffiliated customer. • Further manufacture or assembly costs include amounts incurred for direct materials, labor and overhead, plus amounts for general and administrative expense, interest expense, and additional packing expense incurred in the country of further manufacture, as well as all costs involved in moving the product from the U.S. port of entry to the further manufacturer. [FR Doc. E8-8006 Filed 4-14-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; NOAA Customer Surveys AGENCY: National Oceanic and Atmospheric Administration (NOAA). ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before June 16, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Sarah Brabson, 301-713-3333 ext. 204 or *sarah.brabson@noaa.gov.* SUPPLEMENTARY INFORMATION: I. Abstract This is a request for renewal of a generic clearance for voluntary customer surveys to be conducted by NOAA program offices, and is submitted following the guidelines contained in the OMB Resource Manual for Customer Surveys. In accordance with Executive Order 12862, the National Performance Review, and good management practices, NOAA offices seek approval to continue to gather customer feedback on services and/or products, which can be used in planning for service/product modification and prioritization. Under this generic clearance, individual offices would use approved questionnaires and develop new questionnaires, as needed, by selecting subsets of the approved set of collection questions and tailoring those specific questions to be meaningful for their particular programs. These proposed questionnaires would then be submitted to OMB using a fast-track request for approval process. *The generic clearance will not be used to survey any bodies NOAA regulates unless precautions are taken to ensure that the respondents believe that they are not under any risk for not responding or for the contents of their responses;* *e.g.* , *in no survey to such a population will the names and addresses of respondents be required. Currently there are no such surveys being submitted for approval.* II. Method of Collection Information is collected via e-mail or interactive Web sites. III. Data *OMB Number:* 0648-0342. *Form Number:* None. *Type of Review:* Regular submission. *Affected Public:* Individuals or households; not-for-profit institutions; business or other for-profit organizations; and state, local or tribal governments. *Estimated Number of Respondents:* 20,800. *Estimated Time per Response:* 5 minutes. *Estimated Total Annual Burden Hours:* 1,800. *Estimated Total Annual Cost to Public:* $0. IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: April 10, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-8009 Filed 4-14-08; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No. PTO-P-2008-0015] Grant of Interim Extension of the Term of U.S. Patent No. 4,650,787; Sanvar® AGENCY: United States Patent and Trademark Office, Department of Commerce. ACTION: Notice of Interim Patent Term Extension. SUMMARY: The United States Patent and Trademark Office has issued an order granting interim extension under 35 U.S.C. 156(d)(5) for a fourth one-year interim extension of the term of U.S. Patent No. 4,650,787. FOR FURTHER INFORMATION CONTACT: Mary C. Till by telephone at
(571)272-7755; by mail marked to her attention and addressed to the Commissioner for Patents, Mail Stop Hatch-Waxman PTE, P.O. Box 1450, Alexandria, VA 22313-1450; by fax marked to her attention at
(571)273-7755, or by e-mail to *Mary.Till@uspto.gov* . SUPPLEMENTARY INFORMATION: Section 156 of Title 35, United States Code, generally provides that the term of a patent may be extended for a period of up to five years if the patent claims a product, or a method of making or using a product, that has been subject to certain defined regulatory review, and that the patent may be extended for interim periods of up to a year if the regulatory review is anticipated to extend beyond the expiration date of the patent. On March 24, 2008, Debiovision Inc., the exclusive agent of Debiopharm S.A. and Debio Recherche Pharmaceutique S.A., who is the exclusive licensee of the Administrators of the Tulane Educational Fund of New Orleans, Louisiana, the patent owner, timely filed an application under 35 U.S.C. 156(d)(5) for a fourth interim extension of the term of U.S. Patent No. 4,650,787. The patent claims the human drug product Sanvar® (vapreotide acetate). The application indicates that a New Drug Application for the human drug product Sanvar® (vapreotide acetate) has been filed and is currently undergoing regulatory review before the Food and Drug Administration for permission to market or use the product commercially. Review of the application indicates that except for permission to market or use the product commercially, the subject patent would be eligible for an extension of the patent term under 35 U.S.C. 156, and that the patent should be extended for an additional one year as required by 35 U.S.C. 156(d)(5)(B). Because it is apparent that the regulatory review period will continue beyond the extended expiration date of the patent (April 25, 2008), a fourth interim extension of the patent term under 35 U.S.C. 156(d)(5) is appropriate. A fourth interim extension under 35 U.S.C. 156(d)(5) of the term of U.S. Patent No. 4,650,787 is granted for a period of one year from the extended expiration date of the patent, i.e., until April 25, 2009. Dated: April 9, 2008. Jon W. Dudas, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. E8-8058 Filed 4-14-08; 8:45 am] BILLING CODE 3510-16-P DEPARTMENT OF COMMERCE United States Patent and Trademark Office Submissions Regarding Correspondence and Regarding Attorney Representation (Trademarks) ACTION: Proposed collection; comment request. SUMMARY: The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the extension of a continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before June 16, 2008. ADDRESSES: You may submit comments by any of the following methods: *E-mail: Susan.Fawcett@uspto.gov* . Include “0651-0056 comment” in the subject line of the message. *Fax:* 571-273-0112, marked to the attention of Susan K. Fawcett. *Mail:* Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, Customer Information Services Group, Public Information Services Division, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. *Federal e-Rulemaking Portal: http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to the attention of Janis Long, Attorney Advisor, Office of the Commissioner for Trademarks, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-9573; or by e-mail at *janis.long@uspto.gov* . SUPPLEMENTARY INFORMATION: I. Abstract The United States Patent and Trademark Office (USPTO) administers the Trademark Act, 15 U.S.C. 1051 *et seq.* , which provides for the Federal registration of trademarks, service marks, collective trademarks and service marks, collective membership marks, and certification marks. Individuals and businesses that use, or intend to use such marks in commerce may file an application to register their marks with the USPTO. Registered marks remain on the register indefinitely so long as the owner of the registration files the necessary maintenance documents. Such individuals and businesses may also submit various communications to the USPTO regarding their pending applications or registered trademarks, including providing additional information needed to process a pending application, filing amendments to the applications, or filing the papers necessary to keep a trademark in force. In the majority of circumstances, individuals and businesses retain attorneys to handle these matters. As such, these parties may also submit communications to the USPTO regarding the appointment of attorneys of record or domestic representatives to represent applicants in the application process, the revocation of an attorney 's appointment, and requests for permission to withdraw from representation. Applicants and registrants may also submit change of owner's address forms requesting that the USPTO amend the record of an application or registration by entering a new address for the applicant or registrant. The rules implementing the Trademark Act are set forth in 37 CFR Part 2. In addition to governing the registration of trademarks, the Act and rules also govern the appointments and revocations of attorneys and domestic representatives. The trademark rules provide the specifics for filing requests for permission to withdraw as the attorney of record. The requirements for changes of the owner's address are not governed by the trademark rules, but are outlined in the USPTO's procedures. The information in this collection is available to the public. The information in this collection can be submitted in paper format or electronically through the Trademark Electronic Application System (TEAS). However, there are no official paper forms for these items. Individuals and businesses can submit their own paper forms, following the USPTO's rules and guidelines to ensure that all of the necessary information is provided. This collection contains three electronic forms. II. Method of Collection Electronically if applicants submit the information using the TEAS forms. By mail or hand delivery if applicants choose to submit the information in paper form. III. Data *OMB Number:* 0651-0056. *Form Number(s):* PTO Forms 2196, 2197, and 2201. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Primarily business or other for-profit organizations. *Estimated Number of Respondents:* 160,004 responses per year. *Estimated Time per Response:* The USPTO estimates that it takes the public approximately 3 minutes (0.05 hours) to 15 minutes (0.25 hours) to complete this information, depending on the application. This includes the time to gather the necessary information, prepare the applications, and submit the completed application to the USPTO. The time estimates shown for the electronic forms in this collection are based on the average amount of time needed to complete and electronically file the associated form. *Estimated Total Annual Respondent Burden Hours:* 12,491 hours. *Estimated Total Annual Respondent Cost Burden:* $3,797,264. The USPTO believes that associate attorneys will complete these submissions. The professional hourly rate for associate attorneys in private firms is $304. Using this hourly rate, the USPTO estimates that the total respondent cost burden for this collection is $3,797,264. Item Estimated time for response
(min)Estimated annual responses Estimated annual burden hours Revocation of Attorney/Domestic Representative and/or Appointment of Attorney/Domestic Representative 6 13,128 1,313 TEAS Revocation of Attorney/Domestic Representative and/or Appointment of Attorney/Domestic Representative (PTO Form 2196) 5 105,023 8,402 Request for Permission to Withdraw as Attorney of Record 15 427 107 TEAS Request for Permission to Withdraw as Attorney of Record (PTO Form 2201) 12 3,419 684 Change of Owner's Address 4 4,223 296 TEAS Change of Owner's Address (PTO Form 2197) 3 33,784 1,689 Total 160,004 12,491 Estimated Total Annual Non-hour Respondent Cost Burden: $7,317. There are postage costs associated with this information collection. This collection does not have any capital start-up, operating, maintenance, or recordkeeping costs, nor does it have filing fees. Customers incur postage costs when submitting the non-electronic information to the USPTO by mail through the United States Postal Service. The USPTO estimates that the majority (98%) of the paper forms are submitted to the USPTO via first class mail. Out of 17,778 paper forms, the USPTO estimates that 17,422 forms will be mailed , with a first class postage cost of 42 cents (as of May 12, 2008). Therefore, the USPTO estimates that the total non-hour respondent cost burden for this collection, in the form of postage costs, is $7,317 per year. Item Responses
(a)Postage costs
(b)Total cost
(a)×
(b)Revocation of Attorney/Domestic Representative and/or Appointment of Attorney/Domestic Representative 12,865 $0.42 $5,403.00 Request for Permission to Withdraw as Attorney of Record 418 0.42 176.00 Change of Owner's Address Form 4,139 0.42 1,738.00 Total 17,422 7,317.00 IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: April 8, 2008. Susan K. Fawcett, Records Officer, USPTO, Office of the Chief Information Officer, Customer Information Services Group, Public Information Services Division. [FR Doc. E8-7980 Filed 4-14-08; 8:45 am] BILLING CODE 3510-16-P DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 08-40] 36(b)(1) Arms Sales Notification AGENCY: Department of Defense, Defense Security Cooperation Agency. ACTION: Notice. SUMMARY: The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996. FOR FURTHER INFORMATION CONTACT: Ms. B. English, DSCA/DBO/CFM,
(703)601-3740. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittals 08-40 with attached transmittal, policy justification, and Sensitivity of Technology. Dated: April 7, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-p EN15AP08.000 EN15AP08.001 EN15AP08.002 EN15AP08.003 [FR Doc. E8-7860 Filed 4-14-08; 8:45 am] BILLING CODE 5001-06-C DEPARTMENT OF DEFENSE Office of the Secretary of Defense Renewal of Department of Defense Federal Advisory Committees AGENCY: DoD. ACTION: Amendment of Federal Advisory Committee. SUMMARY: Under the provisions of the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.65, the Department of Defense gives notice that it is amending the charter for the Board of Visitors National Defense University (hereafter referred to as the Board). The Board is a discretionary federal advisory committee established by the Secretary of Defense to provide the Department of Defense independent advice and recommendations on organization management, curricula, instructional methods, facilities and other matters of interest to the National Defense University. The Board shall be composed of approximately twenty-one members, who are eminent authorities in the fields of national defense, academia, business, national security affairs, and the defense industry. Three of the twenty-one Board members are Federal ex officio members:
(a)The Under Secretary of Defense for Personnel and Readiness;
(b)the Assistant Secretary of Defense for Networks and Information Integration; and
(c)the Department of State Director General. Board Members appointed by the Secretary of Defense, who are not federal officers or employees, shall serve as Special Government Employees under the authority of 5 U.S.C. 3109. With the exception of the federal ex officio members, Board members shall be appointed on an annual basis by the Secretary of Defense, and shall serve no more than fifteen years on the Board. Board members shall, with the exception of travel and per diem for official travel, serve without compensation. The Board Membership shall select the Board's Chairperson and the Co-Chairperson from the total Board Membership, and this individual shall serve at the discretion of the Chairman of Joint Chiefs of Staff or designee. In addition, the Chairman of the Joint Chiefs of Staff or designated representative may invite other distinguished Government officers to serve as non-voting observers of the Board, and appoint consultants, with special expertise, to assist the Board on an ad hoc basis. The Board shall be authorized to establish subcommittees, as necessary and consistent with its mission, and these subcommittees or working groups shall operate under the provisions of the Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976, and other appropriate Federal regulations. Such subcommittees or workgroups shall not work independently of the chartered Board, and shall report all their recommendations and advice to the Board for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the chartered Board nor can they report directly to the Department of Defense or any federal officers or employees who are not Board Members. SUPPLEMENTARY INFORMATION: The Board shall meet at the call of the Board's Designated Federal Officer, in consultation with the President, National Defense University. The Designated Federal Officer, pursuant to DoD policy, shall be a full-time or permanent part-time DoD employee, and shall be appointed in accordance with established DoD policies and procedures. The Designated Federal Officer or duly appointed Alternate Designated Federal Officer shall attend all committee meetings and subcommittee meetings. Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written statements to the Board of Visitors National Defense University membership about the Board's mission and functions. Written statements may be submitted at any time or in response to the stated agenda of planned meeting of the Board of Visitors National Defense University. All written statements shall be submitted to the Designated Federal Officer for the Board of Visitors National Defense University, and this individual will ensure that the written statements are provided to the membership for their consideration. Contact information for the Board of Visitors National Defense University Designated Federal Officer can be obtained from the GSA's FACA Database— *https://www.fido.gov/facadatabase/public.asp.* The Designated Federal Officer, pursuant to 41 CFR 102-3.150, will announce planned meetings of the Board of Visitors National Defense University. The Designated Federal Officer, at that time, may provide additional guidance on the submission of written statements that are in response to the stated agenda for the planned meeting in question. FOR FURTHER INFORMATION CONTACT: Contact Jim Freeman, Deputy Committee Management Officer for the Department of Defense, 703-601-6128. Dated: April 8, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E8-7988 Filed 4-14-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy Notice of Closed Meeting of the Chief of Naval Operations
(CNO)Executive Panel AGENCY: Department of the Navy, DoD. ACTION: Notice. SUMMARY: The CNO Executive Panel will report on the findings and recommendations of the Sea Basing and Forcible Entry Subcommittee to the Chief of Naval Operations. The meeting will consist of discussions of ongoing Navy, Marine Corps, and Joint/DoD sea basing and forcible entry policies, programs, and organizational concepts to find opportunities to increase compatibility, flexibility, and buttress the Maritime Strategy. DATES: The meeting will be held on May 8, 2008 from 10 a.m. to 12 p.m. ADDRESSES: The meeting will be held in Boardroom at CNA Corporation Building, 4825 Mark Center Drive, Alexandria, VA 22311. FOR FURTHER INFORMATION CONTACT: LCDR Brown, CNO Executive Panel, 4825 Mark Center Drive, Alexandria, VA 22311, *telephone:* 703-681-4939. SUPPLEMENTARY INFORMATION: Pursuant to the provisions of the Federal Advisory Committee Act (5 U.S.C. App. 2), these matters constitute classified information that is specifically authorized by Executive Order to be kept secret in the interest of national defense and are, in fact, properly classified pursuant to such Executive Order. Accordingly, the Secretary of the Navy has determined in writing that the public interest requires that all sessions of this meeting be closed to the public because they will be concerned with matters listed in section 552b(c)(1) of title 5, United States Code. Individuals or interested groups interested may submit written statements for consideration by the Chief of Naval Operations Executive Panel at any time or in response to the agenda of a scheduled meeting. All requests must be submitted to the Designated Federal Officer at the address detailed below. If the written statement is in response to the agenda mentioned in this meeting notice then the statement, if it is to considered by the Panel for this meeting, must be received at least five days prior to the meeting in question. The Designated Federal Officer will review all timely submissions with the Chief of Naval Operations Executive Panel Chairperson, and ensure they are provided to members of the Chief of Naval Operations Executive Panel before the meeting that is the subject of this notice. To contact the Designated Federal Officer, write to Executive Director, CNO Executive Panel (N00K), 4825 Mark Center Drive, 2nd Floor, Alexandria, VA 22311-1846. Dated: April 9, 2008. T. M. Cruz, *Lieutenant, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.* [FR Doc. E8-7972 Filed 4-14-08; 8:45 am] BILLING CODE 3810-FF-P DEPARTMENT OF DEFENSE Department of Navy Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to delete a System of Records. SUMMARY: The Department of the Navy is deleting a system of records in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed actions will be effective without further notice on May 15, 2008, unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at
(202)685-6545. SUPPLEMENTARY INFORMATION: The Department of the Navy systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The Department of Navy proposes to delete a system of records notices from its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The proposed deletion is not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of new or altered systems reports. April 9, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. N11101-4 Station Housing Records (February 22, 1993, 58 FR 10817). Reason: Program discontinued and all files deleted. [FR Doc. E8-7982 Filed 4-14-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [USN-2008-0028] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Navy is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on May 15, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at
(202)685-6545. SUPPLEMENTARY INFORMATION: The Department of the Navy systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. April 9, 2008. L.M. Bynum Alternate OSD Federal Register Liaison Officer, Department of Defense. N01070-9 SYSTEM NAME: White House Support Program (February 22, 1993, 58 FR 10700). CHANGES: Delete “N01070-9” replace with “NM01070-9”. SYSTEM LOCATION: At end of entry, add “and Naval Support Facility (NSF), Thurmont, P.O. Box 1000, Thurmont, MD 21788-5100.” CATEGORIES OF RECORDS IN THE SYSTEM: Delete entry and replace with “White House Military Office Security Screening Questionnaire; personnel records; name, Social Security Number (SSN); photographs; fingerprint cards; interview sheet; correspondence, documents and records concerning classification, security clearances, assignment, training, and other qualifications relating to suitability for Presidential support duties.” AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Delete entry and replace with “10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; and E.O. 9397 (SSN).” POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Delete entry and replace with “Paper and automated records/databases.” RETRIEVABILITY: Delete entry and replace with “Name and/or Social Security Number (SSN).” SAFEGUARDS: Add new para 2 “Access to automated information is password protected and only available to individuals with an official need to know.” RETENTION AND DISPOSAL: Delete entry and replace with “Successful candidate's package is held for one year past period of tour. Unsuccessful candidate's package is destroyed within 1 year.” NOTIFICATION PROCEDURE: Add new para 2 “Individual should sign their request and provide full name and Social Security Number.” RECORD ACCESS PROCEDURES: Add new para 2 “Individual should sign their request and provide full name and Social Security Number.” NM01070-9 SYSTEM NAME: White House Support Program. SYSTEM LOCATION: White House Liaison Office, Office of the Secretary of the Navy, 1000 Navy Pentagon, Washington, DC 20350-1000. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: All Navy and Marine Corps military and civilian personnel and contractor employees who had been nominated by their employing activities for assignment to Presidential support duties. CATEGORIES OF RECORDS IN THE SYSTEM: White House Military Office Security Screening Questionnaire; personnel records; name, Social Security Number (SSN); photographs; fingerprint cards; interview sheet; correspondence, documents and records concerning classification, security clearances, assignment, training, and other qualifications relating to suitability for Presidential support duties. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; and E.O. 9397 (SSN). PURPOSE(S): To evaluate and nominate individuals for assignment to Presidential support duties and to ensure that only those individuals most suitably qualified are assigned to duty in Presidential support activities. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: To officials and employees in the Executive Office of the President in the performance of their duties related to personnel administration, and evaluation and nomination of individuals for assignment to Presidential support duties. To officials and employees of other federal agencies and offices, upon request, in the performance of their official duties related to the provision of Presidential support and protection. The ‘Blanket Routine Uses’ that appear at the beginning of the Navy's compilation of systems of records notices apply to this system. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper and automated records/databases. RETRIEVABILITY: Name and/or Social Security Number (SSN). SAFEGUARDS: Records are afforded appropriate protection at all times, stored in locked rooms and locked file cabinets, and are accessible only to authorized personnel who have a definite need-to-know and who are properly screened, cleared, and trained. Access to automated information is password protected and only available to individuals with an official need-to-know. RETENTION AND DISPOSAL: Successful candidate's package held for one year past period of tour. Unsuccessful candidate's package destroyed within 1 year. SYSTEM MANAGER(S) AND ADDRESS: Administrative Aide to the Secretary of the Navy, 1000 Navy Pentagon, Washington, DC 20350-1000. NOTIFICATION PROCEDURE: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Office of the Administrative Aide to the Secretary of the Navy, 1000 Navy Pentagon, Washington, DC 20350-1000. Individuals should sign their request and provide full name and Social Security Number (SSN). RECORD ACCESS PROCEDURES: Individuals seeking access to information about themselves contained in this system should address written inquiries to the Office of the Administrative Aide to the Secretary of the Navy, 1000 Navy Pentagon, Washington, DC 20350-1000. Individuals should sign their request and provide full name and Social Security Number (SSN). CONTESTING RECORD PROCEDURES: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. RECORD SOURCE CATEGORIES: Officials and employees of the Department of the Navy and other Department of Defense components; federal, state, and local court documents; civilian and military investigative reports; general correspondence concerning the individual; and federal and state agency records. EXEMPTIONS CLAIMED FOR THE SYSTEM: Parts of this system may be exempt under 5 U.S.C. 552a(k)(1), (k)(2), (k)(3) and (k)(5), as applicable. An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b) (1), (2), and (3),
(c)and
(e)and published in 32 CFR part 701, subpart G. For additional information contact the system manager. [FR Doc. E8-7984 Filed 4-14-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [USN-2008-0029] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Navy is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on May 15, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at
(202)685-6545. SUPPLEMENTARY INFORMATION: The Department of the Navy systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: April 9, 2008. L.M. Bynum Alternate OSD Federal Register Liaison Officer, Department of Defense. NM12610-1 SYSTEM NAME: Hours of Duty Records (November 16, 2004, 69 FR 67128). CHANGES: SYSTEM LOCATION: In para 1, delete “ *http://neds.daps.dla.mil/sndl.htm* ” and replace with “ *http://doni.daps.dla.mil/sndl.aspx* ”. SYSTEM MANAGER(S) AND ADDRESS: Replace “ *http://neds.daps.dla.mil/sndl.htm* ” with “ *http://doni.daps.dla.mil/sndl.aspx* ”. NOTIFICATION PROCEDURE: In para 1, replace “ *http://neds.daps.dla.mil/sndl.htm* ” with “ *http://doni.daps.dla.mil/sndl.aspx* ”. Add new second para that states “The request should be signed and include full name and Social Security Number (SSN).” RECORD ACCESS PROCEDURES: In para 1, replace “ *http://neds.daps.dla.mil/sndl.htm* ” with “ *http://doni.daps.dla.mil/sndl.aspx* ”. Add new second para that states “The request should be signed and include full name and Social Security Number (SSN).” NM12610-1 SYSTEM NAME: Hours of Duty Records. SYSTEM LOCATION: Organizational elements of the Department of the Navy. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* Commander, U.S. Joint Forces Command, 1562 Mitscher Avenue, Suite 200, Norfolk, VA 23551-2488. Commander, U.S. Pacific Command, P.O. Box 64028, Camp H.M. Smith, HI 96861-4028. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Military and civilian personnel. CATEGORIES OF RECORDS IN THE SYSTEM: Record contains such information as name, grade/rate, Social Security Number, organizational code, work center code, grade code, pay rate, labor code, type transaction, hours assigned. Database includes scheduling and assignment of work; skill level; tools issued; leave; temporary assignments to other areas. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; and E.O. 9397 (SSN). PURPOSE(S): To effectively manage the work force. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The DoD `Blanket Routine Uses' that appear at the beginning of the Navy's compilation of systems of records notices apply to this system. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper and computerized records. RETRIEVABILITY: Name, organization code, Social Security Number, and work center. SAFEGUARDS: Access is provided on need-to-know basis only. Manual records are maintained in file cabinets under the control of authorized personnel during working hours. The office space in which the file cabinets are located is locked outside of official working hours. Computer terminals are located in supervised areas. Access to computerized data is controlled by password or other user code system. RETENTION AND DISPOSAL: Records are destroyed when three years old. SYSTEM MANAGER(S) AND ADDRESS: The commanding officer of the activity in question. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* NOTIFICATION PROCEDURE: Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the commanding officer of the naval activity where currently employed. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* The request should be signed and include full name and Social Security Number (SSN). RECORD ACCESS PROCEDURES: Individuals seeking access to records about themselves contained in this system of records should address written inquiries to the commanding officer of the naval activity where currently employed. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* The request should be signed and include full name and Social Security Number (SSN). CONTESTING RECORD PROCEDURES: The Navy's rules for accessing records, and for contesting contents and appealing determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. RECORD SOURCE CATEGORIES: Individual, correspondence, and personnel records. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E8-7992 Filed 4-14-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before May 15, 2008. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, Washington, DC 20503. Commenters are encouraged to submit responses electronically by e-mail to *oira_submission@omb.eop.gov* or via fax to
(202)395-6974. Commenters should include the following subject line in their response “Comment: [insert OMB number], [insert abbreviated collection name, e.g., “Upward Bound Evaluation”]. Persons submitting comments electronically should not submit paper copies. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: April 9, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Office of Postsecondary Education *Type of Review:* Extension. *Title:* Financial Status and Program Performance Final Report for State and Partnership for the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP). *Frequency:* One time. *Affected Public:* Not-for-profit institutions; State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 175. *Burden Hours:* 6,125. *Abstract:* The purpose of this information collection is to determine whether recipients of GEAR UP have made substantial progress towards meeting the objectives of their respective projects, as outlined in their grant applications and/or subsequent work plans. In addition, the final report will enable the Department to evaluate each grant project's fiscal operations for the entire grant performance period, and compare total expenditures relative to federal funds awarded, and actual cost-share/matching relative to the total amount in the approved grant application. This report is a means for grantees to share the overall experience of their projects and document achievements and concerns, and describe effects of their projects on participants being served; project barriers and major accomplishments; and evidence of sustainability. The report will be GEAR UP's primary method to collect/analyze data on students' high school graduation and immediate college enrollment rates. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 3593. When you access the information collection, click on “Download Attachments “ to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E8-7943 Filed 4-14-08; 8:45 am] BILLING CODE 4000-01-P ELECTION ASSISTANCE COMMISSION Sunshine Act Notice AGENCY: United States Election Assistance Commission. ACTION: Notice of public meeting. Date & Time: Wednesday, April 16, 2008, 1-5 p.m. (CDT). Place: Millennium Hotel Minneapolis, Horizons, 14th Floor, 1313 Nicollet Mall, Minneapolis, Minnesota 55403-2697,
(612)332-6000. Agenda: The Commission will receive presentations on Successful Ballot Design. The presentations will focus on the following: The Ballot Design Process from Start to Finish; Ballot Design Accessibility, and Usability; and Successful Designs for Optical-scan Ballots, Direct Recording Device Ballots and Paper Ballots. The Commission will receive a status report on a first-time voter study. The Commission will consider and vote on the following items: consideration and vote on a voter information Web sites study; consideration and vote on policy proposal regarding the allowable uses of HAVA funds; consideration and vote on whether to modify Advisory Opinion 07-003-A regarding Maintenance of Effort
(MOE)funding, Pursuant to HAVA Section 254
(a)(7). The Commission will consider other administrative matters. This meeting will be open to the public. Person to Contact for Information: Bryan Whitener, Telephone:
(202)566-3100. Thomas R. Wilkey, Executive Director, U.S. Election Assistance Commission. [FR Doc. E8-7932 Filed 4-14-08; 8:45 am] BILLING CODE 6820-KF-M DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Nevada AGENCY: Department of Energy. ACTION: Notice of Open Meeting. SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Nevada Test Site. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the **Federal Register** . DATES: Wednesday, May 14, 2008, 5 p.m. ADDRESSES: Atomic Testing Museum, 755 East Flamingo Road, Las Vegas, Nevada 89119. FOR FURTHER INFORMATION CONTACT: Rosemary Rehfeldt, Board Administrator, 232 Energy Way, M/S 505, North Las Vegas, Nevada 89030. Phone:
(702)657-9088; Fax
(702)295-5300 or E-mail: *ntscab@nv.doe.gov.* SUPPLEMENTARY INFORMATION: *Purpose of the Board:* The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management, and related activities. Tentative Agenda Committee Reports A. Environmental Management Public Information Review Effort Committee; B. Outreach Committee; C. Transportation/Waste Committee; D. Underground Test Area Committee. *Public Participation:* The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral presentations pertaining to agenda items should contact Rosemary Rehfeldt at the telephone number listed above. The request must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comment will be provided a maximum of five minutes to present their comments. *Minutes:* Minutes will be available by writing to Rosemary Rehfeldt at the address listed above or at the following Web site: *http://www.ntscab.com/MeetingMinutes.htm.* Issued at Washington, DC on April 10, 2008. Rachel Samuel, Deputy Committee Management Officer. [FR Doc. E8-8072 Filed 4-14-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC08-520-000; FERC-520] Commission Information Collection Activities, Proposed Collection; Comment Request; Extension April 8, 2008. AGENCY: Federal Energy Regulatory Commission, Department of Energy. ACTION: Notice of proposed information collection and request for comments. SUMMARY: In compliance with the requirements of section 3506(c)(2)(a) of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the Federal Energy Regulatory Commission (Commission) is soliciting public comment on the specific aspects of the information collection described below. DATES: Comments in consideration of the collection of information are due June 9, 2008. ADDRESSES: An example of this collection of information may be obtained from the Commission's Documents & Filing Web site ( *http://www.ferc.gov/docs-filing/elibrary.asp* ) or by contacting the Federal Energy Regulatory Commission, Attn: Michael Miller, Office of the Executive Director, ED-34 Rm. 42-39, 888 First Street, NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those parties filing electronically do not need to make a paper filing. For paper filing, the original and 14 copies of such comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and refer to Docket No. IC08-520-000. Documents filed electronically via the Internet must be prepared in an acceptable filing format and in compliance with the Federal Energy Regulatory Commission submission guidelines. Complete filing instructions and acceptable filing formats are available at ( *http://www.ferc.gov/help/submission-guide/electronic-media.asp* ). To file the document electronically, access the Commission's website and click on Documents & Filing, E-Filing ( *http://www.ferc.gov/docs-filing/efiling.asp* ), and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgement to the sender's e-mail address upon receipt of comments. All comments may be viewed, printed or downloaded remotely via the Internet through FERC's homepage using the “eLibrary” link. For user assistance, contact *fercolinesupport@ferc.gov* or toll-free at
(866)208-3676 or for TTY, contact
(202)502-8659. FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at
(202)502-8415, by fax at
(202)273-0873, and by e-mail at *michael.miller@ferc.gov* . SUPPLEMENTARY INFORMATION: The information collected under the requirements of FERC-520 “Application for Authority to Hold Interlocking Directorate Positions” (OMB No. 1902-0083) is used by the Commission to implement the statutory provisions of section 305 of the Federal Power Act
(FPA)as amended by Title II, section 211 of the Public Utility Regulatory Policies Act of 1978 (PURPA) (16 U.S.C. 825d). Section 305(b) makes the holding of certain defined interlocking corporate positions unlawful unless the Commission has authorized the interlocks to be held and, requires the applicant to show in a form and manner as prescribed by the Commission, that neither public nor private interests will be adversely affected by the holding of the position. The Commission implements these provisions through its filing requirements in the Code of Federal Regulations
(CFR)18 CFR part 45. The information required under part 45 generally identifies the applicant, describes the various interlocking positions the applicant seeks authorization to hold, provides information on the applicant's financial interests, other officers and directors of the firms involved, and the nature of the business relationships among the firms. Two types of FERC-520 applications are provided for, that which is described in 18 CFR 45.8 as a “full” application and that which is described in 18 CFR 45.9 as an “informational” application for automatic authorization. Section 45.8 “full” applications are made by
(1)An officer or director of more than one public utility;
(2)an officer or director of a public utility and of a public utility securities underwriter; or
(3)an officer or director of a public utility and of an electrical equipment supplier to that utility. Section 45.9 “informational applications” are made by
(1)An officer or director of two or more public utilities where the same holding company owns, directly or indirectly, wholly or in part, the other public utility;
(2)an officer or director of two public utilities, if one utility is owned, wholly or in part, by the other; or
(3)an officer or director of more than one public utility, if such person is already authorized under Part 45 to hold different positions where the interlock involves affiliated public utilities. Without this information collection, the Commission and the public would not be able to inquire into and determine whether public or private interests will be adversely affected by the holding of such positions. Under the current OMB authorization, the Commission was allowing the filing of FERC-520 in hardcopy and/or diskette/CD. However, through RM07-16-000, implemented March 1, 2008, the electronic filing of FERC-520 filings is also accepted through the Commission's eFiling system. *Action:* The Commission is requesting a three-year extension of the current expiration date. *Burden Statement:* The two types of interlocking directorate applications, a “full application” pursuant to 18 CFR 45.8 and the much more abbreviated “informational application” pursuant to 18 CFR 45.9 are represented separately here. Public reporting burden for each is estimated as: Type of application filed annually Number of respondents annually Number of responses per respondent Average burden hours per response Total annual burden hours
(3)(1)×(2)×(3) Full 17 1 51.8 881 Informational 911 1 29.5 23,595 Total 24,476 The estimated total cost to respondents is $1,487,199 [24,476 hours divided by 2080 hours 1 per year, times $126,384 2 which equals $1,487,199]. The cost per respondent is $1,603. The increase in the estimated total cost over what was reported in 2005 is due to the informational filings not being included in earlier estimates. The reporting burden includes the total time, effort, or financial resources expended to generate, maintain, retain, disclose, or provide the information including:
(1)Reviewing instructions;
(2)developing, acquiring, installing, using technology and systems for the purposes of collecting, validating, verifying, processing, maintaining, disclosing and providing information;
(3)adjusting the existing ways to comply with any previously applicable filing instructions and requirements;
(4)training personnel to respond to a collection of information;
(5)searching data sources;
(6)completing and reviewing the collection of information; and
(7)transmitting, or otherwise disclosing the information. 1 Number of hours an employee works each year. 2 Average annual salary per employee. The cost estimate for respondents is based upon salaries for professional and clerical support, as well as direct and indirect overhead costs. Direct costs include all costs directly attributable to providing this information, such as administrative costs and the cost for information technology. Indirect or overhead costs are costs incurred by an organization in support of its mission. These costs apply to activities which benefit the whole organization rather than any one particular function or activity. Comments are invited on:
(1)Whether the proposed information collection is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility;
(2)the accuracy of the agency's burden estimate of the proposed information collection, including the validity of the methodology and assumptions used to calculate the reporting burden; and
(3)ways to enhance the quality, utility and clarity of the information to be collected. Kimberly D. Bose, Secretary. [FR Doc. E8-7919 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC08-73-001, FERC Form 73] Commission Information Collection Activities, Proposed Collection; Comment Request; Submitted for OMB Review April 9, 2008. AGENCY: Federal Energy Regulatory Commission, Department of Energy. ACTION: Notice. SUMMARY: In compliance with the requirements of section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy Regulatory Commission (Commission) has submitted the information collection described below to the Office of Management and Budget
(OMB)for review of this information collection requirement. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission received one comment in response to an earlier **Federal Register** notice of January 14, 2008 (73 FR 2232) and has noted this fact in its submission to OMB. DATES: Comments on the collection of information are due by May 15, 2008. ADDRESSES: Address comments on the collection of information to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Federal Energy Regulatory Commission Desk Officer. Comments to OMB should be filed electronically, c/o *oira_submission@omb.eop.gov* and include the OMB Control No. (1902-0019) as a point of reference. The Desk Officer may be reached by telephone at 202-395-7345. A copy of the comments should also be sent to the Federal Energy Regulatory Commission, Office of the Executive Director, ED-34, Attention: Michael Miller, 888 First Street, NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those persons filing electronically do not need to make a paper filing. For paper filings, such comments should be submitted to the Secretary of the Commission, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and should refer to Docket No. IC08-73-001. Documents filed electronically via the Internet must be prepared in an acceptable filing format and in compliance with the Federal Energy Regulatory Commission submission guidelines. Complete filing instructions and acceptable filing formats are available at ( *http://www.ferc.gov/help/submission-guide/electronic-media.asp* ). To file the document electronically, access the Commission's Web site and click on Documents & Filing, E-Filing ( *http://www.ferc.gov/docs-filing/efiling.asp* ), and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgement to the sender's e-mail address upon receipt of comments. All comments may be viewed, printed or downloaded remotely via the Internet through FERC's homepage using the “eLibrary” link. For user assistance, contact *fercolinesupport@ferc.gov* or toll-free at
(866)208-3676, or for TTY, contact
(202)502-8659. FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at
(202)502-8415, by fax at
(202)273-0873, and by e-mail at *michael.miller@ferc.gov.* SUPPLEMENTARY INFORMATION: Description The information collection submitted for OMB review contains the following: 1. *Collection of Information:* FERC Form 73 “Oil Pipeline Service Life Data”. 2. *Sponsor:* Federal Energy Regulatory Commission. 3. Control No. 1902-0019. The Commission is now requesting that OMB approve with a three-year extension of the expiration date, with no changes to the existing collection. The information filed with the Commission is mandatory. 4. *Necessity of the Collection of Information:* Submission of the information is necessary to enable the Commission to carry out its responsibilities in implementing the statutory provisions of the Department of Energy Organization Act, and Executive Order No. 12009, 42 FR (September 13, 1977). The Commission has authority over interstate pipelines as stated in the Interstate Commerce Act, 49 U.S.C. 6501 *et al.* As part of the information necessary for the subsequent investigation and review of an oil pipeline company's proposed depreciation rates, the pipeline companies are required to provide public service life data as part of their data submission if the proposed depreciation rates are based on the remaining physical life calculations. This service life data is submitted on FERC Form 73. The scope of the Commission's jurisdiction over oil pipelines includes the authority to regulate their rates and charges for transportation of oil in interstate commerce, and the authority to establish valuations. Oil pipeline companies are required to submit depreciation information pursuant to 1-8(b)(2) and 1-8(b)(3) of the General Instructions found at 18 CFR Part 352 of the Commission's regulations. These instructions require oil pipeline carriers to compute percentage rate studies for their depreciable property accounts, and to maintain records as to the service life and net salvage value of their property and property retirements. The Commission uses the information submitted on FERC Form 73 to conduct depreciation rate investigations of oil pipelines. The Commission also uses the information to determine appropriate oil pipeline service lives and book depreciation rates. Oil pipeline companies use book depreciation rates to compute the depreciation portion of their operating expenses when determining their cost of service. The Commission implements these requirements in 18 CFR 357.3 of its regulations. 5. *Respondent Description:* The respondent universe currently comprises on average 2 respondents subject to the Commission's jurisdiction. The Commission estimates that it will receive annually on average 2 filings per year. 6. *Estimated Burden:* 80 total hours, 2 respondents (average per year), 1 response per respondent, and 40 hours per response (average). 7. *Estimated Cost Burden to respondents:* The estimated total cost to respondents is $4861. (80 hours ÷ 2080 hours per year × $126,384) Statutory Authority: Sections 306 and 402 of the Department of Energy Organization Act, Pub. L. 95-91, 42 7155 and 7172, Interstate Commerce Act (ICA), 49 U.S.C. 6501 *et al.* , and Executive Order No. 12009. Kimberly D. Bose, Secretary. [FR Doc. E8-7954 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM07-10-000] Transparency Provisions of Section 23 of the Natural Gas Act; Second Notice and Agenda for Form No. 552 Technical Conference April 8, 2008. The staff technical conference in the above-referenced proceeding is scheduled for April 22, 2008, at the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in the Commission Meeting Room (2-C) from 9:30 a.m. until 12:30 p.m. (EST). As discussed in Order No. 704, Transparency Provisions of section 23 of the Natural Gas Act, 1 the conference will address issues associated with filing the Form No. 552. Order No. 704 requires certain natural gas buyers and sellers to identify themselves to the Commission and report summary information about their physical natural gas transactions for the previous calendar year in Form No. 552, established for that purpose. During the Technical Conference, Commission staff and conference participants will discuss, among other things, the following topics, with respect to Form No. 552: 1 *Transparency Provisions of Section 23 of the Natural Gas Act,* Order No. 704, 73 Fed. Reg. 1014 (Jan. 4, 2008), FERC Stats. & Regs. ¶ 31,260 (2008). 1. Entities required to file the form; 2. Filing exclusions or exemptions; 3. Detail in reporting sales and purchases of natural gas; 4. Definitions of data elements; and 5. Publisher index point definitions and differences in reportable locations between publishers. As stated in the March 6, 2008, Notice of Form No. 552, Technical Conference questions about the Form No. 552 were to be filed before March 31, 2008 under Docket No. RM07-10-000. Those filings are available at the Commission and may be viewed on the Commission's Web site at *http://www.ferc.gov,* using the “eLibrary” link. For assistance accessing documents on eLibrary, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or via phone at
(866)208-3676 (toll-free). For TTY, contact
(202)502-8659. All interested persons are invited to attend in person or participate via teleconference for the Technical Conference, and there is no fee to register, participate via teleconference, or attend the conference. Those interested in participating by phone must register no later than April 18, 2008, on the FERC Web site at *https://www.ferc.gov/whats-new/registration/form-552-04-22-form.asp.* Those who will participate in person are encouraged, but not required, to register. Information for the conference call will be emailed to registered participants. For additional information, please contact Michelle Reaux of FERC's Office of Enforcement at
(202)502-6497 or by e-mail at *michelle.reaux@ferc.gov.* Commission conferences and meetings are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an e-mail to *accessibility@ferc.gov* or call toll free
(866)208-3372 (voice) or 202-502-8659 (TTY), or send a fax to 202-208-2106 with the required accommodations. Kimberly D. Bose, Secretary. [FR Doc. E8-7926 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13111-000] Dan River Hydropower, LLC; Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments April 8, 2008 Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 13111-000. c. *Date filed:* February 11, 2008. d. *Applicant:* Dan River Hydropower, LLC. e. *Name of Project:* Dan River Project. f. *Location:* On the Dan River, in Rockingham County, North Carolina. The Dam is own by Duke Energy Corporation. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Kevin Edwards, Dan River Hydropower, LLC, P.O. Box 143, Mayodan, NC 27027,
(336)589-6138. i. *FERC Contact:* Robert Bell,
(202)502-6062. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-13111-000) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project would consist of:
(1)An existing 350-foot-long, 11-foot-high Steam Station Dam,
(2)an existing impoundment having a surface area of 108 acres, with a storage capacity of 54 acre-feet and normal water surface elevation of 496.0 feet mean sea level,
(3)a proposed power house containing three generating units having a total installed capacity of 1,200 kilowatts,
(4)a proposed 4,000-foot-long, 12 kilovolt transmission line, and
(5)appurtenant facilities. The proposed project would have an estimated average annual generation of 6.5 gigawatt-hours, which would be sold to a local utility. l. *Location of Application:* This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCONLINESUPPORT@FERC.GOV.* For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30(b) and 4.36. o. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36. p. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. q. *Proposed Scope of Studies Under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. r. *Comments, Protests, or Motions To Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. s. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, and “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application. t. *Agency Comments* —Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-7924 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12555-002] Mahoning Creek Hydroelectric Company, LLC; Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments April 8, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 12555-002. c. *Date filed:* March 3, 2008. d. *Applicant:* Mahoning Creek Hydroelectric Company, LLC. e. *Name of Project:* Mahoning Creek Project. f. *Location:* On Mahoning Creek, in Armstrong County, Pennsylvania. The dam is administered by the U.S. Army Corps of Engineers. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Clifford Phillip, Mahoning Creek Hydroelectric Company, LLC, 150 North Miller Road, Suite 450C, Fairlawn, OH 44333,
(330)869-8451. i. *FERC Contact:* Robert Bell,
(202)502-6062. j. Deadline for filing comments, protests, and motions to intervene: 60 days from the issuance date of this notice. The Commission's Rules of Practice and Procedure require all interveners filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project would consist of:
(1)Proposed intake,
(2)a proposed 1,200-foot-long, 90-inch-diameter penstock
(3)an existing powerhouse containing two generating units having a total installed capacity of 3 megawatts,
(4)an existing 100-foot-long, 5-foot-wide, 7-foot-high concrete conduit tailrace,
(5)a proposed 400-foot-long, 25-kilovolt transmission line, and
(6)appurtenant facilities. The project would have an annual generation of 17 gigawatt-hours that would be sold to a local utility. l. *Locations of Applications:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling
(202)502-8371. This filing may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov* . For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30(b) and 4.36. o. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36. p. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. q. *Proposed Scope of Studies Under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. r. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper; See 18 C.F.R. 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under “e-filing” link. The Commission strongly encourages electronic filing. s. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. t. *Agency Comments* —Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-7923 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12484-003] Metro Hydroelectric Company, LLC; Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments April 8, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 12484-003. c. *Date filed:* March 3, 2008. d. *Applicant:* Metro Hydroelectric Company, LLC. e. *Name of Project:* Metro Project. f. *Location:* On the Cuahoga River, in Summit County, Ohio. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Clifford Phillips, Metro Hydroelectric Company, LLC, 150 North Miller Road, Suite 450C, Fairlawn, OH 44333,
(330)869-8451. i. *FERC Contact:* Robert Bell,
(202)502-6062. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-12484-003) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project would consist of:
(1)An existing 308-foot-long, 47-foot-high Ohio Edison Gorge Dam,
(2)an existing reservoir having a surface area of 34 acres, having a storage capacity of 589 acre-feet and normal water surface elevation of 912 feet mean sea level,
(3)a proposed 700-foot-long, 90-inch-diameter penstock,
(4)a proposed powerhouse containing two generating units with a total installed capacity of 2.5 megawatts,
(5)a proposed 0.5-mile-long 12.5 kilovolt transmission line, and
(6)appurtenant facilities. The applicant estimates that the average annual generation would be 11 gigawatt-hours, which would be sold to a local utility. l. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCONLINESUPPORT@FERC.GOV* . For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30(b) and 4.36. n. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36. o. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. p. *Proposed Scope of Studies Under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. q. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. r. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, and “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application. s. *Agency Comments* —Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-7921 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13138-000] Stoughton Water Power Company, LLC; Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments April 8, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 13138-000. c. *Date filed:* March 3, 2008. d. *Applicant:* Stoughton Water Power Company, LLC. e. *Name of Project:* Stoughton Project. f. *Location:* On the Yahara River, in Dane County, Wisconsin. The Dam is own by the City of Stoughton, WI. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Thomas J. Reiss, Stoughton Water Power Company, P.O. Box 553, 319 Hart Street, Watertown, WI 53094,
(9206)261-2139. i. *FERC Contact:* Robert Bell,
(202)502-6062. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-13138-000) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project would consist of:
(1)An existing 200-foot-long, 9-foot-high Stoughton Dam,
(2)an existing impoundment having a surface area of 11 acres, with a storage capacity of 80 acre-feet and normal water surface elevation of 841.5 feet mean sea level,
(3)an existing 200-foot-long power canal,
(4)a proposed power house containing two generating units having a total installed capacity of 192 kilowatts,
(5)a proposed 350-foot-long transmission line, and
(6)appurtenant facilities. The proposed project would have an estimated average annual generation of 450 megawatt-hours, which would be sold to a local utility. l. *Location of Application:* This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCONLINESUPPORT@FERC.GOV* . For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30(b) and 4.36. o. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36. p. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. q. *Proposed Scope of Studies Under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. r. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. s. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, and “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application. t. *Agency Comments* —Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-7925 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12486-002] Twin Lakes Canal Company; Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments April 8, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 12486-002. c. *Date filed:* February 5, 2008. d. *Applicant:* Twin Lakes Canal Company. e. *Name of Project:* Bear River Narrows Project. f. *Location:* On the Bear River, in Franklin County, Idaho. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Nicholas Josten, Twin Lakes Canal Company Authority, C/O GeoSense, 2742 Saint Charles Avenue, Idaho Falls, ID 83404,
(208)528-6152. i. *FERC Contact:* Robert Bell,
(202)502-6062. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-12486-002) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project would consist of:
(1)A proposed 700-foot-long, 108-foot-high embankment dam,
(2)a proposed reservoir having a surface area of 420 acres, having a storage capacity of 17,300 acre-feet and normal water surface elevation of 4,734 feet above mean sea level,
(3)a proposed powerhouse containing two generating units with a total installed capacity of 11 megawatts,
(4)a proposed 0.8-mile-long transmission line, and
(5)appurtenant facilities. The applicant estimates that the average annual generation would be 51 gigawatt-hours, which would be sold to a local utility. l. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCONLINESUPPORT@FERC.GOV* . For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30(b) and 4.36. n. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36. o. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. p. *Proposed Scope of Studies Under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. q. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. r. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, and “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application. s. *Agency Comments* —Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-7922 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No.: 2232-522] Duke Energy Carolinas, LLC; Notice of Application Ready for Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions April 7, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* New Major License. b. *Project No.:* 2232-522. c. *Date filed:* August 29, 2006. d. * Applicant:* Duke Energy Carolinas, LLC. e. *Name of Project:* Catawba-Wateree Hydroelectric Project. f. *Location:* On the Catawba River, in Alexander, Burke, Caldwell, Catawba, Gaston, Iredell, Lincoln, McDowell, and Mecklenburg counties, North Carolina, and on the Catawba and Wateree rivers in the counties of Chester, Fairfield, Kershaw, Lancaster, and York, South Carolina. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Jeffrey G. Lineberger, Catawba-Wateree Hydro Relicensing Manager; and E. Mark Oakley, Catawba-Wateree Relicensing Project Manager, Duke Energy, Mail Code EC12Y, P.O. Box 1006, Charlotte, NC 28201-1006. i. *FERC Contact:* Sean Murphy at 202-502-6145; or at *Sean.Murphy@ferc.gov* . j. The deadline for filing comments, recommendations, terms and conditions, and prescriptions is 60 days from the issuance of this notice; reply comments are due 105 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Comments, recommendations, terms and conditions, and prescriptions may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. k. This application has been accepted, and is ready for environmental analysis at this time. l. The existing 831-megawatt
(MW)Catawba-Wateree Project consists of the eleven reservoirs and thirteen developments described below, which span more than 225 River Miles
(RM)and include approximately 1,795 miles of reservoir and island shoreline: 1. The Bridgewater development consists of the following existing facilities:
(1)The Catawba dam consisting of:
(a)A 1,650-foot-long, 125-foot-high earth embankment;
(b)a 305-foot-long, 120-foot-high concrete gravity ogee spillway; and
(c)a 850-foot-long, 125-foot-high earth embankment;
(2)the Paddy Creek dam consisting of: A 1,610-foot-long, 165-foot-high earth embankment;
(3)the Linville dam consisting of: A 1,325-foot-long, 160-foot-high earth embankment;
(4)a 430-foot-long uncontrolled low overflow weir spillway situated between Paddy Creek dam and Linville dam;
(5)a 6,754 acre reservoir formed by Catawba, Paddy Creek, and Linville with a normal water surface elevation of 1,200 feet above mean sea level (msl);
(6)a 900-foot-long concrete-lined intake tunnel;
(7)a powerhouse containing two vertical Francis-type turbines directly connected to two generators, each rated at 10,000 kilowatts (kW), for a total installed capacity of 20.0 MW; and
(8)other appurtenances. 2. The Rhodhiss development consists of the following existing facilities:
(1)The Rhodhiss dam consisting of:
(a)A 119.58-foot-long concrete gravity bulkhead;
(b)a 800-foot-long, 72-foot-high concrete gravity ogee spillway;
(c)a 122.08-foot-long concrete gravity bulkhead with an additional 8-foot-high floodwall; and
(d)a 283.92-foot-long rolled fill earth embankment;
(2)a 2,724 acre reservoir with a normal water surface elevation of 995.1 feet above msl;
(4)a powerhouse integral to the dam, situated between the bulkhead on the left bank and the ogee spillway section, containing three vertical Francis-type turbines directly connected to three generators, two rated at 12,350 kW, one rated at 8,500 kW for a total installed capacity of 28.4 MW; and
(5)other appurtenances. 3. The Oxford development consists of the following existing facilities:
(1)The Oxford dam consisting of:
(a)A 74.75-foot-long soil nail wall;
(b)a 193-foot-long emergency spillway;
(c)a 550-foot-long gated concrete gravity spillway;
(d)a 112-foot-long embankment wall situated above the powerhouse; and
(e)a 429.25-foot-long earth embankment;
(2)a 4,072 acre reservoir with a normal water surface elevation of 935 feet above msl;
(4)a powerhouse integral to the dam, situated between the gated spillway and the earth embankment, containing two vertical Francis-type turbines directly connected to two generators, each rated at 18,000 kW for a total installed capacity of 35.7 MW; and
(5)other appurtenances. 4. The Lookout Shoals development consists of the following existing facilities:
(1)The Lookout Shoals dam consisting of:
(a)A 282.08-foot-long concrete gravity bulkhead section;
(b)a 933-foot-long uncontrolled concrete gravity ogee spillway;
(c)a 65-foot-long gravity bulkhead section; and
(d)a 1,287-foot-long, 88-foot-high earth embankment;
(2)a 1,155 acre reservoir with a normal water surface elevation of 838.1 feet above msl;
(3)a powerhouse integral to the dam, situated between the bulkhead on the left bank and the ogee spillway, containing three main vertical Francis-type turbines and two smaller vertical Francis-type turbines directly connected to five generators, the three main generators rated at 8,970 kW, and the two smaller rated at 450 kW for a total installed capacity of 25.7 MW; and
(4)other appurtenances. 5. The Cowans Ford development consists of the following existing facilities:
(1)The Cowans Ford dam consisting of:
(a)A 3,535-foot-long embankment;
(b)a 209.5-foot-long gravity bulkhead;
(c)a 465-foot-long concrete ogee spillway with eleven Taintor gates, each 35-feet-wide by 28-feet-high;
(d)a 276-foot-long bulkhead; and
(e)a 3,924-foot-long earth embankment;
(2)a 3,134-foot-long saddle dam (Hicks Crossroads);
(3)a 32,339 acre reservoir with a normal water surface elevation of 760 feet above msl;
(4)a powerhouse integral to the dam, situated between the spillway and the bulkhead near the right embankment, containing four vertical Kaplan-type turbines directly connected to four generators rated at 83,125 kW for a total installed capacity of 332.5 MW; and
(5)other appurtenances. 6. The Mountain Island development consists of the following existing facilities:
(1)The Mountain Island dam consisting of:
(a)A 997-foot-long, 97-foot-high uncontrolled concrete gravity ogee spillway;
(b)a 259-foot-long bulkhead on the left side of the powerhouse;
(c)a 200-foot-long bulkhead on the right side of the powerhouse;
(d)a 75-foot-long concrete core wall; and
(e)a 670-foot-long, 140-foot-high earth embankment;
(2)a 3,117 acre reservoir with a normal water surface elevation of 647.5 feet above msl;
(3)a powerhouse integral to the dam, situated between the two bulkheads, containing four vertical Francis-type turbines directly connected to four generators rated at 15,000 kW for a total installed capacity of 55.1 MW; and
(4)other appurtenances. 7. The Wylie development consists of the following existing facilities:
(1)The Wylie dam consisting of:
(a)A 234-foot-long bulkhead;
(b)a 790.92-foot-long ogee spillway section that contains 2 controlled sections with a total of eleven Stoney gates, each 45-feet-wide by 30-feet-high, separated by an uncontrolled section with no gates;
(c)a 400.92-foot-long bulkhead; and
(d)a 1,595-foot-long earth embankment;
(2)a 12,177 acre reservoir with a normal water surface elevation of 569.4 feet above msl;
(3)a powerhouse integral to the dam, situated between the bulkhead and the spillway near the left bank, containing four vertical Francis-type turbines directly connected to four generators rated at 18,000 kW for a total installed capacity of 69 MW; and
(4)other appurtenances. 8. The Fishing Creek development consists of the following existing facilities:
(1)The Fishing Creek dam consisting of:
(a)A 114-foot-long, 97-foot-high uncontrolled concrete ogee spillway;
(b)a 1,210-foot-long concrete gravity, ogee spillway with twenty-two Stoney gates, each 45-feet-widy by 25-feet-high; and
(c)a 214-foot-long concrete gravity bulkhead structure;
(2)a 3,431 acre reservoir with a normal water surface elevation of 417.2 feet above msl;
(3)a powerhouse integral to the dam, situated between the gated spillway and the bulkhead structure near the right bank, containing five vertical Francis-type turbines directly connected to five generators two rated at 10,530 kW and three rated at 9,450 kW for a total installed capacity of 48.1 MW; and
(4)other appurtenances. 9. The Great Falls-Dearborn development consists of the following existing facilities:
(1)The Great Falls diversion dam consisting of a 1,557.6-foot-long concrete section;
(2)the Dearborn dam consisting of:
(a)A 160-foot-long, 103-foot-high, concrete embankment;
(b)a 150-foot-long, 103-foot-high intake and bulkhead section; and
(c)a 75-foot-long, 103-foot-high bulkhead section;
(3)the Great Falls dam consisting of:
(a)a 675-foot-long, 103-foot-high concrete embankment situated in front of the Great Falls Powerhouse (and joined to the Dearborn dam embankment); and
(b)a 250-foot-long intake section (within the embankment);
(4)the Great Falls bypassed spillway and headworks section consisting of:
(a)A 446.7-foot-long short concrete bypassed reach uncontrolled spillway with a gated trashway (main spillway);
(b)a 583.5-foot-long concrete headworks uncontrolled spillway with 4-foot-high flashboards (canal spillway); and
(c)a 262-foot-long concrete headworks section situated perpendicular to the main spillway and the canal spillway, containing ten openings, each 16-feet-wide;
(5)a 353 acre reservoir with a normal water surface elevation of 355.8 feet above msl;
(6)two powerhouses separated by a retaining wall, consisting of:
(a)Great Falls powerhouse: containing eight horizontal Francis-type turbines directly connected to eight generators rated at 3,000 kW for an installed capacity of 24.0 MW, and
(b)Dearborn powerhouse: containing three vertical Francis-type turbines directly connected to three generators rated at 15,000 kW for an installed capacity of 42.0 MW, for a total installed capacity of 66.0 MW; and
(7)other appurtenances. 10. The Rocky Creek-Cedar Creek development consists of the following existing facilities:
(1)A U-shaped concrete gravity overflow spillway with
(a)A 130-foot-long section (on the east side) that forms a forebay canal to the Cedar Creek powerhouse and contains two Stoney gate, each 45-feet-wide by 25-feet-high;
(b)a 1,025-foot-long, 69-foot-high concrete gravity overflow spillway; and
(c)a 213-foot-long section (on the west side) that forms the upper end of the forebay canal for the Rocky Creek powerhouse;
(2)a 450-foot-long concrete gravity bulkhead section that completes the lower end of the Rocky Creek forebay canal;
(3)a 748-acre reservoir with a normal water surface elevation of 284.4 feet above msl;
(4)two powerhouses consisting of:
(a)Cedar Creek powerhouse (on the east): containing three vertical Francis-type turbines directly connected to three generators, one rated at 15,000 kW, and two rated at 18,000 kW for an installed capacity of 43.0 MW; and
(b)Rocky Creek powerhouse (on the west): containing eight horizontal twin-runner Francis-type turbines directly connected to eight generators, six rated at 3,000 kW and two rated at 4,500 kW for an installed capacity of 25.8 MW, for a total installed capacity of 68.8 MW; and
(5)other appurtenances. 11. The Wateree development consists of the following existing facilities:
(1)The Wateree dam consisting of:
(a)A 1,450-foot-long uncontrolled concrete gravity ogee spillway; and
(b)a 1,370-foot-long earth embankment;
(2)a 13,025-acre reservoir with a normal water surface elevation of 225.5 feet above msl;
(3)a powerhouse integral to the dam, situated between the spillway and the earth embankment, containing five vertical Francis-type turbines directly connected to five generators, two rated at 17,100 kW and three rated at 18,050 kW for a total installed capacity of 82.0 MW; and
(4)other appurtenances. m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* , using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field, to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. All filings must
(1)Bear in all capital letters the title “COMMENTS,” “REPLY COMMENTS,” “RECOMMENDATIONS,” “TERMS AND CONDITIONS,” or “PRESCRIPTIONS;”
(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;
(3)furnish the name, address, and telephone number of the person submitting the filing; and
(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b), and 385.2010. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. The revised schedule for the Catawba-Wateree Project relicensing follows: Milestone Target date Filing of recommendations, preliminary terms and conditions, and fishway prescriptions June 2008. Issue Draft EIS November 2008. Comments filed on Draft EIS and Modified Terms and Conditions January 2009. Issue Final EIS April 2009. o. A license applicant must file, no later than 60 days following the date of issuance of this notice:
(1)A copy of the water quality certification;
(2)a copy of the request for certification, including proof of the date on which the certifying agency received the request; or
(3)evidence of waiver of water quality certification. Kimberly D. Bose, Secretary. [FR Doc. E8-7913 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No.: 2210-169] Appalachian Power Company; Notice of Application Tendered for Filing With the Commission and Establishing Procedural Schedule for Licensing and Deadline for Submission of Final Amendments April 9, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* New Major License. b. *Project No.:* 2210-169. c. *Date Filed:* March 27, 2008. d. *Applicant:* Appalachian Power Company, dba American Electric Power. e. *Name of Project:* Smith Mountain Hydroelectric Project. f. *Location:* On the headwaters of the Roanoke River in south-central Virginia, within the counties of Bedford, Campbell, Franklin and Pittsylvania, and near the city of Roanoke, Virginia. No federal lands are occupied by the project works or otherwise located within the project boundary. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791 (a)-825(r). h. *Applicant Contact:* Teresa P. Rogers, Environmental and Regulatory Affairs Supervisor, Appalachian Power Company, Hydro Generation, P.O. Box 2021, Roanoke, VA 24022-2121;
(540)985-2441; *tprogers@aep.com.* i. *FERC Contact:* Allan Creamer, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426;
(202)502-8365; *allan.creamer@ferc.gov.* j. This application is not ready for environmental analysis at this time. k. *The Project Description:* The existing Smith Mountain Project consists of two developments; one used for pumped storage operation and the other conventional operation. The upper, pumped storage development, known as Smith Mountain, consists of:
(1)A 816-foot-long, 235-foot-high concrete arch dam, with a crest elevation of 812.0 feet National Geodetic Vertical Datum (NGVD);
(2)two ogee-crest overflow spillways, each 100 feet long and having a crest elevation of 595.0 feet NGVD [passing 25,000 cubic feet per second (cfs)];
(3)a reservoir with a surface area of 20,260 acres at a normal operating level of 795.0 feet NGVD;
(4)a pump station/powerhouse containing five generating units, with a total capacity of 586 megawatts (MW), a total hydraulic capacity of 46,000 cfs, and an average annual generation of 476,640 MWh (three of the units, which have a pumping capacity of 15,810 cfs, are reversible for pumping water from the Leesville's reservoir to Smith Mountain's reservoir);
(5)a 600,000 KVA substation and a double-circuit 138-kV tie-in line to American Electric Power's
(AEP)interconnected system; and
(6)appurtenant facilities. The lower, conventional development, known as Leesville, consists of:
(1)A 980-foot-long, 94 foot-high concrete gravity dam, with a crest elevation of 615.67 feet NGVD;
(2)a 224-foot-long gated spillway section, with
(a)A crest elevation of 578.0 feet NGVD,
(b)four taintor gates, and
(c)a hydraulic capacity of 175,100 cfs;
(3)a reservoir with a surface area of 3,260 acres at an elevation of 613.0 feet NGVD;
(4)a powerhouse containing two generating units, with a total capacity of 50 MW, a total hydraulic capacity of 9,000 cfs, and an average annual generation of 59,376 MWh;
(5)a 50,000 KVA substation and a double-circuit 138-kV tie-in line to AEP's interconnected system; and
(6)appurtenant facilities. The Smith Mountain development operates as a peaking/load-following facility, with generation occurring during peak demand periods and pump-back operation occurring during off-peak periods. Under normal operations, Smith Mountain Lake uses a 2-foot drawdown, which equates to a 13-foot fluctuation in Leesville Lake. Currently, Leesville is operated by auto-cycling the units, to provide a minimum average daily flow of 650 cfs to the Roanoke River downstream. Additional flow is provided during the spring spawning season for striped bass. Appalachian Power does not propose to modify existing operations, except as described in its proposed *Water Management Plan.* Appalachian also proposes to implement numerous environmental enhancement measures that are contained in its proposed resource-specific management plans. l. *Locations of the Application:* A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov,* using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. A copy is also available for inspection and reproduction at the address in item
(h)above. m. You may also register online at *http://www.ferc.gov/esubscribenow.htm* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. *Procedural Schedule:* The application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule may be made as appropriate. For example, issuance of the Ready for Environmental Analysis Notice is based on the assumption that there will be no additional information. Milestone Target Date Tendering Notice (April 2008). Notice of Acceptance/Notice of Ready for Environmental Analysis (May 2008). Filing of recommendations, preliminary terms and conditions, and fishway prescriptions (July 2008). Commission issues Draft EA or EIS (January 2009). Comments on Draft EA or EIS (March 2009). Modified Terms and Conditions (May 2009). Commission Issues Final EA or EIS (August 2009). o. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice of ready for environmental analysis. Kimberly D. Bose, Secretary. [FR Doc. E8-7955 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-110-000] Gulf South Pipeline Company, LP; Notice of Application April 9, 2008. Take notice that on April 4, 2008, Gulf South Pipeline Company, LP (Gulf South), 9 Greenway Plaza, Houston, Texas 77046, filed in Docket No. CP08-110-000 an application pursuant to section 7(b) of the Natural Gas Act
(NGA)requesting permission and approval to abandon by sale to Energy Partners, LTD. Approximately 11.8 miles of 12-inch diameter pipeline facilities and related appurtenances located in federal and state waters offshore in the Gulf of Mexico. In addition, Gulf South is requesting a determination that upon abandonment, Energy Partners ownership and operation of the facilities will be exempt from Commission jurisdiction under 1(b) of the NGA, all as more fully set forth in the application which is on file with the Commission and open to public inspection. 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. Any questions regarding this application should be directed to J. Kyle Stephens, Vice President, Regulatory Affairs, Gulf South Pipeline South Pipeline Company, LP, 9 Greenway Plaza, Houston, Texas 77046, or call
(713)479-8033, by fax
(713)479-1846, or by e-mail to *kyle.stephens@bwpmlp.com.* 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 commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors 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 at *http://www.ferc.gov.* The Commission strongly encourages intervenors to file electronically. 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. *Comment Date:* April 30, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-7957 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-114-000] Natural Gas Pipeline Company of America LLC; Notice of Application April 9, 2008. Take notice that on April 7, 2008, Natural Gas Pipeline Company of America LLC (Natural), 747 East 22nd Street, Lombard, Illinois 60148, filed an application pursuant to section 7(c) of the Natural Gas Act for a certificate of public convenience and necessity to construct and operate certain facilities, located in Cameron Parish, Louisiana, all as more fully set forth in the application which is on file with the Commission and open for public inspection. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at
(866)208-3676, or for TTY, contact
(202)502-8659. Specifically, Natural proposes to construct and operate approximately 900 feet of 16-inch diameter pipeline and operate an already constructed meter, consisting of ultrasonic meter runs, flow control valve, gas quality monitoring devices, and Electronic flow Measurement facilities. Natural states that the facilities are necessary to receive up to 300 MDth/day of re-vaporized liquefied natural gas from the Sabine Pass Segment of the Cheniere Creole Trail Pipeline (Cheniere), located in Cameron Parish, Louisiana. Natural estimates the cost of construction to be $4,892,350, and all costs borne by Natural will be reimbursed by Cheniere. Any questions regarding this Application should be directed to Bruce H. Newsome, Vice President, Regulatory, Natural Gas Pipeline Company of America, 747 East 22nd Street, Lombard, Illinois 60148-5072 or by telephone at
(630)691-3526 or e-mail at *bruce_newsome@kindermorgan.com* . Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment
(EA)and place it into the Commission's public record (eLibrary) for this proceeding, or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement
(FEIS)or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA. 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 below listed comment date, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. 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. Motions to intervene, protests and comments 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. *Comment Date:* April 21, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-7952 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 April 8, 2008. Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: *Docket Numbers:* RP96-320-084. *Applicants:* Gulf South Pipeline Company, LP. *Description:* Gulf South Pipeline Company, LP submits an Amendment to a Negotiated Rate Letter Agreement executed by Gulf South and one of its customers in relation to the East Texas to Mississippi Expansion Project etc. *Filed Date:* 03/28/2008. *Accession Number:* 20080403-0255. *Comment Date:* 5 p.m. Eastern Time on Wednesday, April 9, 2008. *Docket Numbers:* RP97-13-032. *Applicants:* East Tennessee Natural Gas, LLC. *Description:* East Tennessee Natural Gas LLC submits Original Sheet 30 *et al.* to FERC Gas Tariff, Third Revised Volume 1, to become effective 4/4/08. *Filed Date:* 04/04/2008. *Accession Number:* 20080407-0056. *Comment Date:* 5 p.m. Eastern Time on Wednesday, April 16, 2008. *Docket Numbers:* RP99-301-207. *Applicants:* ANR Pipeline Company. *Description:* ANR Pipeline Company submits Rate Schedule FTS-1 and Gathering negotiated rate agreement between ANR and Eagle Energy Partners I, LP. *Filed Date:* 04/03/2008. *Accession Number:* 20080404-0400. *Comment Date:* 5 p.m. Eastern Time on Tuesday, April 15, 2008. *Docket Numbers:* RP99-480-020. *Applicants:* Texas Eastern Transmission LP. *Description:* Texas Eastern Transmission LP submits Original Sheet 118 *et al.* to FERC Gas Tariff, Seventh Revised Volume 1. *Filed Date:* 04/01/2008. *Accession Number:* 20080403-0044. *Comment Date:* 5 p.m. Eastern Time on Monday, April 14, 2008. *Docket Numbers:* RP02-534-007. *Applicants:* Guardian Pipeline, L.L.C. *Description:* Guardian Pipeline, LLC submits Original Sheet 8 *et al.* to its FERC Gas Tariff, Original Volume 1, to be effective April 4, 2008. *Filed Date:* 04/03/2008. *Accession Number:* 20080404-0399. *Comment Date:* 5 p.m. Eastern Time on Tuesday, April 15, 2008. *Docket Numbers:* RP04-42-003. *Applicants:* Southern Natural Gas Company. *Description:* Southern Natural Gas Company submits Fifth Revised Sheet 107 *et al.* to FERC Gas Tariff, Seventh Revised Volume 1, to become effective 5/5/08. *Filed Date:* 04/04/2008. *Accession Number:* 20080407-0055. *Comment Date:* 5 p.m. Eastern Time on Wednesday, April 16, 2008. *Docket Numbers:* RP05-157-012. *Applicants:* Saltville Gas Storage Company L.L.C. *Description:* Saltville Gas Storage Company LLC submits Original Sheet 22 *et al.* as part of its FERC Gas Tariff, Original Volume 1, to become effective 4/4/08. *Filed Date:* 04/04/2008. *Accession Number:* 20080407-0054. *Comment Date:* 5 p.m. Eastern Time on Wednesday, April 16, 2008. *Docket Numbers:* RP07-666-002. *Applicants:* Colorado Interstate Gas Company. *Description:* Colorado Interstate Gas Company submits Fifth Revised Sheet 378 *et al.* to FERC Gas Tariff, First Revised Volume 1, to become effective 3/1/08. *Filed Date:* 04/04/2008. *Accession Number:* 20080407-0053. *Comment Date:* 5 p.m. Eastern Time on Wednesday, April 16, 2008. *Docket Numbers:* RP08-124-002. *Applicants:* Columbia Gulf Transmission Company. *Description:* Columbia Gulf Transmission Company submits Tenth Revised Sheet 130 to its FERC Gas Tariff, Second Revised Volume 1 to be effective date of June 1, 2008. *Filed Date:* 04/04/2008. *Accession Number:* 20080404-0243. *Comment Date:* 5 p.m. Eastern Time on Wednesday, April 16, 2008. *Docket Numbers:* RP08-127-002. *Applicants:* Columbia Gas Transmission Corporation. *Description:* Columbia Gas Transmission Corp submits Tenth Revised Sheet 268 *et al.* to its FERC Gas Tariff, Second Revised Volume 1 to be effective date of June 1, 2008. *Filed Date:* 04/04/2008. *Accession Number:* 20080404-0244. *Comment Date:* 5 p.m. Eastern Time on Wednesday, April 16, 2008. *Docket Numbers:* RP08-300-000. *Applicants:* Kern River Gas Transmission Company. *Description:* Kern River Gas Transmission Co submits a report supporting its gas compressor fuel factors and lost and unaccounted-for gas factors for calendar year 2007. *Filed Date:* 03/31/2008. *Accession Number:* 20080403-0211. *Comment Date:* 5 p.m. Eastern Time on Monday, April 14, 2008. *Docket Numbers:* RP08-304-001. *Applicants:* Freebird Gas Storage, LLC. *Description:* Freebird Gas Storage LLC submits Original Sheet 3 *et al.* to FERC Gas Tariff, First Revised Volume 1, to become effective 5/1/08. *Filed Date:* 04/04/2008. *Accession Number:* 20080407-0052. *Comment Date:* 5 p.m. Eastern Time on Wednesday, April 16, 2008. *Docket Numbers:* RP08-306-000. *Applicants:* Portland Natural Gas Transmission System. *Description:* Portland Natural Gas Transmission System's CD containing its notice of rate change. *Filed Date:* 04/01/2008. *Accession Number:* 20080401-4005. *Comment Date:* 5 p.m. Eastern Time on Monday, April 14, 2008. *Docket Numbers:* RP08-307-000. *Applicants:* Northern Natural Gas Company. *Description:* Northern Natural Gas Company submits Original Sheet 55A *et al.* to FERC Gas Tariff, Fifth Revised Volume 1, to become effective 6/1/08. *Filed Date:* 04/03/2008. *Accession Number:* 20080407-0010. *Comment Date:* 5 p.m. Eastern Time on Tuesday, April 15, 2008. *Docket Numbers:* RP08-308-000. *Applicants:* Crossroads Pipeline Company. *Description:* Cross Pipeline Company submits Third Revised Sheet 78 *et al.* to FERC Gas Tariff, First Revised Volume 1, to become effective 5/3/08. *Filed Date:* 04/03/2008. *Accession Number:* 20080407-0009. *Comment Date:* 5 p.m. Eastern Time on Tuesday, April 15, 2008. *Docket Numbers:* RP08-309-000. *Applicants:* Northern Border Pipeline Company. *Description:* Northern Border Pipeline Company submits Fifth Revised Sheet 102A *et al.* to FERC Gas Tariff, First Revised Volume 1, to become effective 5/5/08. *Filed Date:* 04/03/2008. *Accession Number:* 20080407-0008. *Comment Date:* 5 p.m. Eastern Time on Tuesday, April 15, 2008. *Docket Numbers:* RP08-310-000. *Applicants:* Wyoming Interstate Company, Ltd. *Description:* Wyoming Interstate Company Ltd submits Fifth Revised Sheet 11A *et al.* to Second Revised Volume 2, to become effective 11/17/07. *Filed Date:* 04/04/2008. *Accession Number:* 20080407-0051. *Comment Date:* 5 p.m. Eastern Time on Wednesday, April 16, 2008. *Docket Numbers:* CP07-411-001. *Applicants:* Texas Eastern Transmission, LP. *Description:* Texas Eastern Transmission, LP submits Fourth Revised Sheet No. 51C to FERC Gas Tariff, Seventh Revised Volume No. 1, to become effective 5/1/08. *Filed Date:* 04/01/2008. *Accession Number:* 20080403-0252. *Comment Date:* 5 p.m. Eastern Time on Monday, April 14, 2008. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. 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. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov.* To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also 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 dockets(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. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E8-7942 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 April 8, 2008. Take notice that the Commission received the following exempt wholesale generator filings: *Docket Numbers:* EG08-54-000. *Applicants:* Airtricity Pyron Wind Farm, LLC. *Description:* Notice of Self Certification of Exempt Wholesale Generator Status of Airtricity Pyron Wind Farm, LLC. *Filed Date:* 04/07/2008. *Accession Number:* 20080407-5124. *Comment Date:* 5 p.m. Eastern Time on Monday, April 28, 2008. *Docket Numbers:* EG08-55-000. *Applicants:* Airtricity Inadale Wind Farm, LLC. *Description:* Notice of Self Certification of Exempt Wholesale Generator Status of Airtricity Inadale Wind Farm, LLC. *Filed Date:* 04/07/2008. *Accession Number:* 20080407-5125. *Comment Date:* 5 p.m. Eastern Time on Monday, April 28, 2008. *Docket Numbers:* EG08-56-000. *Applicants:* Airtricity Panther Creek Wind Farm, LLC. *Description:* Notice of Self Certification of Exempt Wholesale Generator Status of Airtricity Panther Creek Wind Farm, LLC. *Filed Date:* 04/07/2008. *Accession Number:* 20080407-5150. *Comment Date:* 5 p.m. Eastern Time on Monday, April 28, 2008. *Docket Numbers:* EG08-57-000. *Applicants:* Wolf Ridge Wind, LLC. *Description:* Notice of Self Certification of Exempt Wholesale Generator Status of Wolf Ridge Wind, LLC. *Filed Date:* 04/08/2008. *Accession Number:* 20080408-5010. *Comment Date:* 5 p.m. Eastern Time on Tuesday, April 29, 2008. *Take notice that the Commission received the following electric rate filings:* *Docket Numbers:* ER02-2042-004; ER99-2817-005; ER05-810-003. *Applicants:* UGI Utilities, Inc.; UGI Development Company; UGI Energy Services, Inc. *Description:* UGI Utilities Inc *et al.* submit an updated market power analysis. *Filed Date:* 04/03/2008. *Accession Number:* 20080407-0041. *Comment Date:* 5 p.m. Eastern Time on Thursday, April 24, 2008. *Docket Numbers:* ER06-1399-005. *Applicants:* Sunbury Generation LP. *Description:* Notice of Change in Status of Sunbury Generation LP. *Filed Date:* 04/03/2008. *Accession Number:* 20080403-5078. *Comment Date:* 5 p.m. Eastern Time on Thursday, April 24, 2008. *Docket Numbers:* ER07-1372-005. *Applicants:* Midwest Independent Transmission System Operator, Inc. *Description:* Motion of Midwest Independent Transmission System Operator, Inc. for Temporary Waiver of Tariff Provision, and Request for Expedited Consideration and Shortened Notice Period. *Filed Date:* 04/04/2008. *Accession Number:* 20080408-5003. *Comment Date:* 5 p.m. Eastern Time on Thursday, April 17, 2008. *Docket Numbers:* ER07-1415-001. *Applicants:* Xcel Energy Services Inc. *Description:* Northern States Power Company *et al.* submits an supplement to the 1/22/08 Filing of Substitute Sheet 1365Z.16N to the Midwest ISO Tariff. *Filed Date:* 04/02/2008. *Accession Number:* 20080403-0208. *Comment Date:* 5 p.m. Eastern Time on Wednesday, April 23, 2008. *Docket Numbers:* ER08-554-001. *Applicants:* Allegheny Power. *Description:* Allegheny Power submits a revised market-based rate tariff to replace the rate tariff that was included in the 2/12/08 application. *Filed Date:* 03/31/2008. *Accession Number:* 20080402-0109. *Comment Date:* 5 p.m. Eastern Time on Monday, April 14, 2008. *Docket Numbers:* ER08-622-001. *Applicants:* Midwest Independent Transmission System Operator, Inc. *Description:* Midwest Independent Transmission System Operator, Inc submits proposed revisions to the Credit Policy in Attachment L of the Midwest ISO Open Access Transmission and Energy Markets Tariff, FERC Electric Tariff, Third Revised 1. *Filed Date:* 03/31/2008. *Accession Number:* 20080404-0218. *Comment Date:* 5 p.m. Eastern Time on Monday, April 21, 2008. *Docket Numbers:* ER08-636-001. *Applicants:* Standard Binghamton LLC. *Description:* Standard Binghamton LLC submits an amendment to their 3/4/08 filing of a Petition for Acceptance of Initial Rate Schedule, Waivers and Blanket Authority. *Filed Date:* 04/03/2008. *Accession Number:* 20080407-0001. *Comment Date:* 5 p.m. Eastern Time on Thursday, April 24, 2008. *Docket Numbers:* ER08-693-000. *Applicants:* NRG Southaven LLC, Southaven Power, LLC. *Description:* Notice of withdrawal of application of NRG Southern LLC *et al.* for authorization of the disposition of jurisdictional facilities under section 203 of the Federal Power Act, request for waivers of Order 888 *et al.* *Filed Date:* 04/04/2008. *Accession Number:* 20080407-0047. *Comment Date:* 5 p.m. Eastern Time on Friday, April 25, 2008. *Docket Numbers:* ER08-778-001. *Applicants:* New York Independent System Operator, Inc. *Description:* New York Independent System Operator Inc submits an errata to the April 2 Filing and a clean version of the proposed Services Tariff sheet that was affected by the typographical error to the OATT. *Filed Date:* 04/04/2008. *Accession Number:* 20080407-0046. *Comment Date:* 5 p.m. Eastern Time on Thursday, April 17, 2008. *Docket Numbers:* ER08-779-000. *Applicants:* Northwestern Corporation. *Description:* NorthWestern Corp submits a revision to Rate Schedule 188. *Filed Date:* 04/02/2008. *Accession Number:* 20080404-0276. *Comment Date:* 5 p.m. Eastern Time on Wednesday, April 23, 2008. *Docket Numbers:* ER08-780-001. *Applicants:* PJM Interconnection, L.L.C. *Description:* PJM Interconnection LLC submits corrections to the 3/31/08 filing of revisions to the Open Access Transmission Tariff and the Amended and Restated Operating Agreement. *Filed Date:* 04/03/2008. *Accession Number:* 20080407-0002. *Comment Date:* 5 p.m. Eastern Time on Thursday, April 24, 2008. *Docket Numbers:* ER08-781-000. *Applicants:* Central Illinois Light Company. *Description:* Central Illinois Light Co. *et al.* submit an Electric Resource Sharing Agreement for Capacity. *Filed Date:* 04/02/2008. *Accession Number:* 20080404-0275. *Comment Date:* 5 p.m. Eastern Time on Wednesday, April 23, 2008. *Docket Numbers:* ER08-782-000. *Applicants:* Union Electric Company. *Description:* Union Electric Co. submits an application for approval to make power sales to its affiliates, Ameren Illinois Utilities. *Filed Date:* 04/02/2008. *Accession Number:* 20080404-0274. *Comment Date:* 5 p.m. Eastern Time on Wednesday, April 23, 2008. *Docket Numbers:* ER08-783-000. *Applicants:* Ameren Energy Marketing Company. *Description:* Ameren Energy Marketing Co. submits their application to make power sales to its affiliates, Ameren Illinois Utilities. *Filed Date:* 04/02/2008. *Accession Number:* 20080404-0273. *Comment Date:* 5 p.m. Eastern Time on Wednesday, April 23, 2008. *Docket Numbers:* ER08-784-000. *Applicants:* West Valley Leasing Company, LLC. *Description:* Application of West Valley Leasing Co., LLC for order accepting initial tariff (FERC Electric Tariff, Original Volume 1), waiving regulations, and granting blanket approvals. *Filed Date:* 04/02/2008. *Accession Number:* 20080404-0272. *Comment Date:* 5 p.m. Eastern Time on Wednesday, April 23, 2008. *Docket Numbers:* ER08-785-000. *Applicants:* Niagara Mohawk Power Corporation. *Description:* Niagara Mohawk Power Corporation dba National Grid submits a Notice of Termination of Rate Schedule 255 with Ondondaga Cogeneration Limited Partnership. *Filed Date:* 04/03/2008. *Accession Number:* 20080407-0007. *Comment Date:* 5 p.m. Eastern Time on Thursday, April 24, 2008. *Docket Numbers:* ER08-786-000. *Applicants:* Avista Corporation. *Description:* Avista Corporation submits an executed Letter Agreement with Clearwater Power Company etc. *Filed Date:* 04/03/2008. *Accession Number:* 20080407-0006. *Comment Date:* 5 p.m. Eastern Time on Thursday, April 24, 2008. *Docket Numbers:* ER08-787-000. *Applicants:* Avista Corporation. *Description:* Avista Corporation submits an executed Letter Agreement with Clearwater Power Company. *Filed Date:* 04/03/2008. *Accession Number:* 20080407-0005. *Comment Date:* 5 p.m. Eastern Time on Thursday, April 24, 2008. *Docket Numbers:* ER08-788-000. *Applicants:* PacifiCorp. *Description:* PacifiCorp submits Service Agreement 425 dated 3/7/08 for the installation of a new 230 kV substation on Bonneville Power Administration's Midway-Big Eddy 230 kV line. *Filed Date:* 04/03/2008. *Accession Number:* 20080407-0004. *Comment Date:* 5 p.m. Eastern Time on Thursday, April 24, 2008. *Docket Numbers:* ER08-794-000. *Applicants:* Ameren Services Company. *Description:* Central Illinois Public Service Company submits a Letter Agreement with Wabash Valley Power Association Inc as agent for MJM Electric Cooperative Inc etc. *Filed Date:* 04/04/2008. *Accession Number:* 20080407-0045. *Comment Date:* 5 p.m. Eastern Time on Friday, April 25, 2008. *Docket Numbers:* ER08-795-000. *Applicants:* Ameren Services Company. *Description:* Ameren Services Company submits a Letter Agreement with Wayne-White Counties Electric Cooperative with an effective date of 3/7/08. *Filed Date:* 04/04/2008. *Accession Number:* 20080407-0044. *Comment Date:* 5 p.m. Eastern Time on Friday, April 25, 2008. *Docket Numbers:* ER08-800-000; ER96-1085-012; EL05-122-001. *Applicants:* South Carolina Electric & Gas Company. *Description:* South Carolina Electric & Gas Co. submits a refund report summarizing refund payments made. *Filed Date:* 04/03/2008. *Accession Number:* 20080408-0038. *Comment Date:* 5 p.m. Eastern Time on Thursday, April 24, 2008. Take notice that the Commission received the following electric securities filings: *Docket Numbers:* ES08-42-000. *Applicants:* Southern Indiana Gas & Electric Company. *Description:* Application of Southern Indiana Gas and Electric Company for Authority to Issue Short-Term Debt under section 204 of the Federal Power Act. *Filed Date:* 04/07/2008. *Accession Number:* 20080408-5001. *Comment Date:* 5 p.m. Eastern Time on Monday, April 28, 2008. Take notice that the Commission received the following open access transmission tariff filings: *Docket Numbers:* OA07-115-001; OA08-95-001. *Applicants:* Alcoa Power Generating Inc.—Yadkin. *Description:* Yadkin Division of Alcoa Power Generating, Inc submits its Open Access Transmission Tariff Sheets containing revised Attachment C. *Filed Date:* 04/03/2008. *Accession Number:* 20080404-0233. *Comment Date:* 5 p.m. Eastern Time on Thursday, April 24, 2008. *Docket Numbers:* OA08-54-001; OA08-55-001; OA08-56-001; OA08-57-001; OA08-99-000. *Applicants:* Deseret Generation & Transmission Co-op.; Idaho Power Company; NorthWestern Corporation; PacifiCorp; Black Hills Power, Inc. *Description:* Deseret Generation & Transmission Co-operative, Inc *et al.* submit revised sheets & original sheets to Rate Schedule FERC 23 *et al.* *Filed Date:* 04/03/2008. *Accession Number:* 20080407-0003. *Comment Date:* 5 p.m. Eastern Time on Thursday, April 24, 2008. *Docket Numbers:* OA08-94-000. *Applicants:* MATL LLP. *Description:* MATL LLP submits Second Revised Sheet 7 *et al.* to Second Revised Volume 1 to its Open Access Transmission Tariff. *Filed Date:* 03/17/2008. *Accession Number:* 20080320-0052. *Comment Date:* 5 p.m. Eastern Time on Monday, April 14, 2008. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. 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. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov* . To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also 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. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E8-7961 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. DI08-5-000] Loyalhanna Watershed Association, Inc.; Notice of Declaration of Intention and Soliciting Comments, Protests, and/or Motions To Intervene April 8, 2008. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Declaration of Intention. b. *Docket No.:* DI08-5-000. c. *Date Filed:* April 1, 2008. d. *Applicant:* Loyalhanna Watershed Association, Inc. e. *Name of Project:* Saxman Run Mine Drainage Treatment and Hydroelectric Project. f. *Location:* The proposed Saxman Run Drainage Treatment and Hydroelectric Project (Saxman) will be located on Saxman Run near the town of Latrobe, Unity Township, Westmoreland County, Pennsylvania. g. *Filed Pursuant to:* Section 23(b)(1) of the Federal Power Act, 16 U.S.C. 817(b). h. *Applicant Contact:* Susan L. Huba, Program Manager, Loyalhanna Watershed Association, 110 Andi Lane, Ligonier, PA 15658; telephone:
(724)238-7560; fax:
(724)238-7681; e-mail: *slhuba@verizon.net.* i. *FERC Contact:* Any questions on this notice should be addressed to Henry Ecton,
(202)502-8768, or E-mail address: *henry.ecton@ferc.gov.* j. *Deadline for filing comments, protests, and/or motions:* May 09, 2008. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and/or interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing link. Please include the docket number (DI08-5-000) on any comments, protests, and/or motions filed. k. *Description of Project:* The proposed Saxman project will include:
(1)An intake manifold at three free-flowing pipes discharging abandoned mine drainage;
(2)a 2,200-foot-long, 14-inch-diameter transmission pipe, conveying water from the intake manifold to the Latrobe Municipal Authority Wastewater Treatment Plant (LMAWTP);
(3)a proposed concrete foundation and simple enclosure containing a 10-kW turbine/generator, located at the LMAWTP;
(4)a stone-and-grass-lined tailrace to Saxman Run; and
(5)appurtenant facilities. The proposed project will not be connected to an interstate grid and will not occupy any tribal or federal lands. When a Declaration of Intention is filed with the Federal Energy Regulatory Commission, the Federal Power Act requires the Commission to investigate and determine if the interests of interstate or foreign commerce would be affected by the project. The Commission also determines whether or not the project:
(1)Would be located on a navigable waterway;
(2)would occupy or affect public lands or reservations of the United States;
(3)would utilize surplus water or water power from a government dam; or
(4)if applicable, has involved or would involve any construction subsequent to 1935 that may have increased or would increase the project's head or generating capacity, or have otherwise significantly modified the project's pre-1935 design or operation. l. *Locations of the Application:* Copies of this filing are on file with the Commission and are available for public inspection. This filing may be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link, select “Docket No.” and follow the instructions. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or TTY, contact
(202)502-8659. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “PROTESTS”, AND/OR “MOTIONS TO INTERVENE”, as applicable, and the Docket Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-7927 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2835-026-NY] New York State Electric and Gas Corporation; Notice of Availability of Environmental Assessment April 9, 2008. In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's regulations, 18 CFR Part 380 (Order No. 486, 52 FR 47879), the Office of Energy Projects has reviewed the proposed Whitewater Access Plan for the Rainbow Falls Project, located on the Ausable River in the Clinton and Essex Counties, New York, and has prepared an Environmental Assessment (EA). A copy of the EA is on file with the Commission and is available for public inspection. The EA may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number (P-2835) excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. Any comments should be filed by May 27, 2008, and should be addressed to the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Room 1-A, Washington, DC 20426. Please reference the project name and project number (P-2835) on all comments. Comments may be filed electronically via Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “eFiling” link. For further information, contact Gina Krump at
(202)502-6704. Kimberly D. Bose, Secretary. [FR Doc. E8-7956 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-72-005] Dynegy Midwest Generation, Inc.; Notice of Filing April 9, 2008. Take notice that on March 31, 2008, Dynegy Midwest Generation, Inc. tendered for filing a refund report pursuant to Commission's Order issued October 12, 2007. 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 21, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-7953 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM07-9-000] Notice of Inquiry on Adequacy of FERC Financial Forms; Notice Requesting Comments April 8, 2008. On February 29, 2008, the Association of Oil Pipe Lines
(AOPL)filed Supplemental Post-Workshop Comments (Supplemental Comments) in the above referenced proceeding, in which it proposes certain revisions to FERC Form No. 6, Annual Report of Oil Pipeline Companies. The Commission is noticing AOPL's filing for comment. In its Supplemental Comments, AOPL proposes that the Commission further define the rate base figure in Line 5 of Page 700 by listing:
(1)Net carrier property in service;
(2)net AFUDC;
(3)working capital;
(4)net deferred return;
(5)net starting rate base write-up; and
(6)ADIT. AOPL also proposes that the Commission raise the annual interstate operating revenue reporting level from $500,000 to $1,000,000 and exempt all pipelines below $1,000,000 from filing the full FERC Form No. 6 (including Page 700). The Commission encourages electronic submission of comments 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: May 8, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-7918 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12693-001] Sutton Hydroelectric Company, LLC; Notice of Intent To File License Application, Filing of Pre-Application Document, Commencement of Licensing Proceeding, Scoping Meetings, Solicitation of Comments on the Pad and Scoping Document, and Identification of Issues and Associated Study Requests April 7, 2008. a. *Type of Filing:* Notice of Intent to File License Application for an Original License and Commencing Licensing Proceeding. b. *Project No.:* 12693-001. c. *Date Filed:* February 6, 2008. d. *Submitted By:* Sutton Hydroelectric Company, LLC. e. *Name of Project:* Sutton Hydroelectric Project. f. *Location:* On the Elk River, in Braxton County, West Virginia. The project would occupy federal lands administered by the U.S. Army Corps of Engineers. g. *Filed Pursuant to:* 18 CFR Part 5 of the Commission's Regulations. h. *Potential Applicant Contact:* Ken Kemp, Project Manager, Sutton Hydroelectric Company LLC, Brookfield Power, 225 Greenfield Parkway, Suite 201, Liverpool, New York 13088,
(315)413-2769. i. *FERC Contact:* Timothy Konnert, *timothy.konnert@ferc.gov,*
(202)502-6359. j. We are asking Federal, State, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing comments described in paragraph o., below. Cooperating agencies should note the Commission's policy that agencies that cooperate in the preparation of the environmental document cannot also intervene. *See,* 94 FERC ¶ 61,076 (2001). k. *With this notice, we are initiating informal consultation with:*
(a)The U.S. Fish and Wildlife Service and/or NOAA Fisheries under section 7 of the Endangered Species Act and the joint agency regulations thereunder at 50 CFR, Part 402; and
(b)the State Historic Preservation Officer, as required by section 106, National Historical Preservation Act, and the implementing regulations of the Advisory Council on Historic Preservation at 36 CFR 800.2. l. With this notice, we are designating Sutton Hydroelectric Company, LLC as the Commission's non-federal representative for carrying out informal consultation, pursuant to section 7 of the Endangered Species Act and section 106 of the National Historic Preservation Act. m. Sutton Hydroelectric Company, LLC filed a Pre-Application Document (PAD; including a proposed process plan and schedule) with the Commission, pursuant to 18 CFR 5.6 of the Commission's regulations. The Commission issued the Scoping Document for the proposed Sutton Project on April 7, 2008. n. A copy of the PAD and the scoping document are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site ( *http://www.ferc.gov* ), using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCONlineSupport@ferc.gov* or toll free at 1-866-208-3676, of for TTY,
(202)502-8659. A copy is also available for inspection and reproduction at the address in paragraph h. Register online at *http://ferc.gov/esubscribenow.htm* to be notified via e-mail of new filing and issuances related to this or other pending projects. For assistance, contact FERC Online Support. o. With this notice, we are setting the effective date for the commencement of the licensing proceeding as April 7, 2008, and soliciting comments on the PAD and the scoping document, as well as study requests. All comments on the PAD and the scoping document, and study requests should be sent to the address above in paragraph h. In addition, all comments on the PAD and the scoping document, study requests, requests for cooperating agency status, and all communications to and from Commission staff related to the merits of the potential application (original and eight copies) must be filed with the Commission at the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. All filings with the Commission must include on the first page, the project name (Sutton Project) and number (P-12693-001), and bear the heading “Comments on Pre-Application Document,” “Study Requests,” “Comments on Scoping Document,” “Request for Cooperating Agency Status,” or “Communications to and from Commission Staff.” Any individual or entity interested in submitting study requests, commenting on the PAD or the scoping document, and any agency requesting cooperating status must do so by June 5, 2008. Comments on the PAD and the scoping document, study requests, requests for cooperating agency status, and other permissible forms of communications with the Commission may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “efiling” link. p. Although our current intent is to prepare an environmental assessment (EA), there is the possibility that an Environmental Impact Statement
(EIS)will be required. Nevertheless, this meeting will satisfy the NEPA scoping requirements, irrespective of whether an EA or EIS is issued by the Commission. Scoping Meetings Commission staff will hold two scoping meetings in the vicinity of the project at the time and place noted below. The daytime meeting will focus on resource agency, Indian tribes, and non-governmental organization concerns, while the evening meeting is primarily for receiving input from the public. We invite all interested individuals, organizations, and agencies to attend one or both of the meetings, and to assist staff in identifying particular study needs, as well as the scope of environmental issues to be addressed in the environmental document. The times and locations of these meetings are as follows: 1 1 Pursuant to § 5.8(b)(3)(VIII) of the Commission's regulations, the scoping meeting and site visit is to be held within 30 days of this notice. However, due to facility unavailability, the scoping meetings have been rescheduled for one week later. To the extent necessary, therefore, § 5.8(b)(3)(VIII) is being waived. The updated process plan in the Commission's scoping document has been modified accordingly. Evening Scoping Meeting *Date and Time:* Monday, May 12, 2008, 6 p.m. (EST), *Location:* Days Hotel Flatwoods, 2000 Sutton Lane, Sutton, WV 26601.
(304)765-5055. Daytime Scoping Meeting *Date and Time:* Tuesday, May 13, 2008, 10 a.m. (EST). *Location:* Same location. Sutton Hydroelectric Company, LLC will also host a site visit at the project on May 12, 2008, at 2 p.m. to describe the proposed project. Those wishing to participate will meet at the upstream recreation parking lot next to the dam. The scoping document, which outlines the issues to be addressed in the environmental document, has been mailed to the individuals and entities on the Commission's mailing list. Copies of the scoping document will be available at the scoping meetings, and may be viewed on the Web at *http://www.ferc.gov,* using the “eLibrary” link. Follow the directions for accessing information in paragraph n. Depending on the extent of comments received, a revised Scoping Document may or may not be issued. Scoping Meeting Objectives At the scoping meetings, staff will:
(1)Present the proposed list of issues to be addressed in the EA;
(2)review and discuss existing conditions and resource agency management objectives;
(3)review and discuss existing information and identify preliminary information and study needs;
(4)review and discuss the process plan and schedule for pre-filing activity that incorporates the time frames provided for in Part 5 of the Commission's regulations and, to the extent possible, maximizes coordination of federal, state, and tribal permitting and certification processes; and
(5)discuss requests by any federal or state agency or Indian tribe acting as a cooperating agency for development of an environmental document. Meeting participants should come prepared to discuss their issues and/or concerns. Please review the PAD in preparation for the scoping meetings. Directions on how to obtain a copy of the PAD and the scoping document are included in item n of this document. Meeting Procedures The meetings will be recorded by a stenographer and will become part of the formal record of the Commission proceeding on the project. Kimberly D. Bose, Secretary. [FR Doc. E8-7914 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PF08-2-000] MarkWest Pioneer, LLC; Supplemental Notice of Intent To Prepare an Environmental Assessment for the Proposed Arkoma Connector Pipeline Project and Request for Comments on Environmental Issues April 9, 2008. The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment
(EA)that will discuss the environmental impacts of the Arkoma Connector Pipeline Project (Project) which involves the construction and operation of natural gas pipeline facilities in Coal, Atoka, and Bryan Counties, Oklahoma, proposed by MarkWest Pioneer, LLC (MarkWest). On January 18, 2008 the FERC issued a “Notice of Intent to Prepare an Environmental Assessment for the Proposed Arkoma Connector Pipeline Project and Request for Comments on Environmental Issues” (NOI). The NOI was published in the **Federal Register** and was also mailed to interested parties, including federal, state and local officials, agency representatives, Native American groups; local libraries and newspapers; and property owners affected by the proposed facilities. This Supplemental Notice of Intent
(NOI)discloses that on March 21, 2008, Markwest filed draft Resource Reports that identified the addition of various facilities to the Project, including a new compressor station, and substantially modified the proposed pipeline route at various locations. This NOI is being issued because the facility additions and proposed pipeline modifications were not identified in the original NOI, and landowners potentially affected by those facilities were therefore not included on the environmental mailing list for that correspondence. Please note that the scoping period for this NOI will close on May 12, 2008. If you are a landowner receiving this notice, you may be contacted by a pipeline company representative about the acquisition of an easement to construct, operate, and maintain the proposed facilities. MarkWest would seek to negotiate a mutually acceptable agreement. However, if the project is approved by the Commission, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, MarkWest could initiate condemnation proceedings in accordance with State law. This notice is being sent to previously unidentified affected landowners; federal, state, and local government representatives and agencies; elected officials; Native American tribes; other interested parties; and local libraries and newspapers. State and local government representatives are asked to notify their constituents of this proposed project and to encourage them to comment on their areas of concern. A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. It is available for viewing on the FERC Internet Web site ( *www.ferc.gov* ). Summary of the Proposed Project MarkWest seeks authorization to construct new pipeline facilities in Coal, Atoka, and Bryan Counties, Oklahoma. As originally defined, the Arkoma Connector Pipeline Project would have consisted of about 50 miles of 24-inch-diameter pipeline, the 10,000-horsepower
(hp)Arkoma Connector Compressor Station and associated facilities at milepost
(MP)0.0, and two meter stations. The pipeline project would have been designed to deliver a peak day capacity of 300,000 to 350,000 decatherms
(Dth)of natural gas from producers in the Arkoma Basin area of southeastern Oklahoma to the Midcontinent Express Pipeline
(MEP)that is currently proposed under Docket No. CP08-6-000. *This notice:* • Updates the name of the compressor station at MP 0.0 to the Origin Compressor Station, and its compression capacity of the from 10,000-hp to 14,200-hp; • Identifies the addition of the 5,300-hp Mid-Line Compressor Station at MP 24.2 as the preferred site (with two alternative sites at MP 22.4 and MP 27.3; • Identifies an increase in peak day deliverability to 625,000 Dth; • Identifies Gulf Crossing Pipeline that is currently proposed under Docket No. CP07-398-000 as a second delivery point in addition to MEP; • Reduces the number of interconnect meter stations from two to one; • Identifies two contractor/pipe yards at MP 0.0 and MP 38.0; and • Identifies several pipeline route modifications, primarily in the vicinity of MPs 9.0, 13.9 to 18.0, 23.2 to 26.5, 27.2 to 30.0, and 33.0. The locations of the facility additions and pipeline route modifications are shown in Appendix 1. 1 1 The appendices referenced in this notice are not being printed in the **Federal Register** . Copies of all appendices are available on the Commission's Web site at the “eLibrary” link or from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426, or call
(202)502-8371. For instructions on connecting to eLibrary refer to the last page of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. Requests for detailed maps of the proposed facilities should be made directly to MarkWest. Land Requirements for Construction Construction of the proposed project would affect a total of about 632 acres. Following construction, about 319 acres would be allowed to revert to its previous conditions. Disturbance associated with aboveground facilities would impact about 16 acres of land. The two compressor stations would each require about 8 and 7 acres, respectively, and the interconnect meter station would require about 1 acre of disturbance during and after construction. MarkWest would seek a 90-foot-wide construction right-of-way for the pipeline, and would maintain a 50-foot-wide permanent right-of-way for operation of the pipeline. The EA Process We 2 are preparing this EA to comply with the National Environmental Policy Act
(NEPA)which requires the Commission to take into account the environmental impact that could result if it authorizes MarkWest's proposal. With this notice, we are also asking federal, state, and local agencies with jurisdiction and/or special expertise with respect to environmental issues to formally cooperate with us in the preparation of the EA. Agencies that would like to request cooperating status should follow the instructions for filing comments provided below. 2 “We,” “us,” and “our” refer to the environmental staff of the FERC's Office of Energy Projects. NEPA also requires the FERC to discover and address concerns the public may have about proposals. This process is referred to as “scoping.” The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this Notice of Intent, we are requesting public comments on the scope of the issues to address in the EA. All comments received will be considered during the preparation of the EA. In the EA we will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings: • Geology and soils • Land use • Water resources, fisheries, and wetlands • Cultural resources • Vegetation and wildlife • Air quality and noise • Endangered and threatened species • Hazardous waste • Public safety We will also evaluate reasonable alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas. Although no formal application has been filed, the FERC staff has already initiated its NEPA review under its Pre-filing Process. The purpose of the Pre-filing Process is to encourage the early involvement of interested stakeholders and to identify and resolve issues before an application is filed with the FERC. Public Participation You can make a difference by providing us with your specific comments or concerns about the project. By filing comments, your concerns will be addressed in the EA and considered by the Commission. You should focus on the potential environmental effects of the proposal, reasonable alternatives to the proposal including alternative locations and routes, and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your letter to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426. • Label one copy of the comments for the attention of Gas Branch 3. • Reference Docket No. PF08-2-000. • Mail your comments so that they will be received in Washington, DC on or before May 12, 2008. The Commission encourages electronic filing of comments. See Title 18 Code of Federal Regulations, Section 385.2001(a)(1)(iii) and the instructions on the Commission's Internet Web site at *http://www.ferc.gov* under the link to “ *Documents and Filings* ” and “ *eFiling.* ” eFiling is a file attachment process and requires that you prepare your submission in the same manner as you would if filing on paper, and save it to a file on your hard drive. New eFiling users must first create an account by clicking on “ *Sign up* ” or “ *eRegister.* ” You will be asked to select the type of filing you are making. This filing is considered a “Comment on Filing.” In addition, there is a “ *Quick Comment* ” option available, which is an easy method for interested persons to submit text only comments on a project. The *Quick-Comment* User Guide can be viewed at *http://www.ferc.gov/docs-filing/efiling/quick-comment-guide.pdf* . Quick Comment does not require a FERC eRegistration account; however, you will be asked to provide a valid e-mail address. All comments submitted under either eFiling or the Quick Comment option are placed in the public record for the specified docket or project number(s). We might mail the EA for comment. If you are interested in receiving it, please return the Information Request (Appendix 3). If you do not return the Information Request, you will be taken off the mailing list. Additional Information Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *www.ferc.gov* ) using the “eLibrary” link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FercOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact
(202)502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. Go to *www.ferc.gov/esubscribenow.htm.* Kimberly D. Bose, Secretary. [FR Doc. E8-7951 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-67-001] Ameren Services Company; Notice Withdrawing Notice of Filing April 9, 2008. This notice withdraws a Notice of Filing that published in the **Federal Register** on Wednesday, March 5, 2008, in Commission Docket No. ER08-67-001 (73 FR 11905). The correct version of this notice was published in the **Federal Register** on March 6, 2008 (73 FR 12154). Kimberly D. Bose, Secretary. [FR Doc. E8-7910 Filed 4-14-08; 8:45 am] BILLING CODE 6717-01-P FEDERAL RESERVE SYSTEM Notice of Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage *de novo* , or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 30, 2008. **A. Federal Reserve Bank of New York** (Anne MacEwen, Bank Applications Officer) 33 Liberty Street, New York, New York 10045-0001: *1. ICICI Bank Limited, Mumbai, India;* to purchase certain assets of Global Investment Management, Princeton, New Jersey, and thereby engage in financial and investment advisory activities pursuant to Section 225.28(b) of Regulation Y. Board of Governors of the Federal Reserve System, April 10, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-7994 Filed 4-14-08; 8:45 am] BILLING CODE 6210-01-S GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090-0200] General Services Administration Acquisition Regulation; Information Collection; Sealed Bidding AGENCY: Office of the Chief Acquisition Officer, GSA. ACTION: Notice of request for comments regarding a renewal to an existing OMB clearance. SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the General Services Administration has submitted to the Office of Management and Budget
(OMB)a request to review and approve an extension of a currently approved information collection requirement regarding sealed bidding. A request for public comments was published at 72 FR 66176, November 27, 2007. No comments were received. This OMB clearance expires on July 31, 2008. Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected. DATES: Submit comments on or before: May 15, 2008. FOR FURTHER INFORMATION CONTACT: Michael Jackson, Procurement Analyst, Contract Policy Division, at telephone
(202)208-4949 or via e-mail to *michaelo.jackson@gsa.gov.* ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to Ms. Jasmeet Seehra, GSA Desk Officer, OMB, Room 10236, NEOB, Washington, DC 20503, and a copy to the Regulatory Secretariat (VPR), General Services Administration, Room 4035, 1800 F Street, NW., Washington, DC 20405. Please cite OMB Control No. 3090-0200, Sealed Bidding, in all correspondence. SUPPLEMENTARY INFORMATION: A. Purpose The General Services Administration is requesting that the Office of Management and Budget
(OMB)review and approve information collection, 3090-0200, Sealed Bidding. The information requested regarding an offeror's monthly production capability is needed to make progressive awards to ensure coverage of stock items. B. Annual Reporting Burden *Respondents:* 10. *Responses per Respondent:* 1. *Hours per Response:* .5. *Total Burden Hours:* 5. *Obtaining Copies of Proposals:* Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4035, Washington, DC 20405, telephone
(202)208-4755. Please cite OMB Control No. 3090-0200, Sealed Bidding, in all correspondence. Dated: March 25, 2008. Al Matera, Director, Acquisition Policy. [FR Doc. E8-8062 Filed 4-14-08; 8:45 am] BILLING CODE 6820-61-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Toxicology Program (NTP); Office of Liaison, Policy and Review; Meeting of the NTP Board of Scientific Counselors AGENCY: National Institute of Environmental Health Sciences (NIEHS), National Institutes of Health. ACTION: Meeting announcement and request for comments. SUMMARY: Pursuant to Public Law 92-463, notice is hereby given of a meeting of the NTP Board of Scientific Counselors (NTP BSC). The NTP BSC is composed of scientists from the public and private sectors and provides primary scientific oversight to the NTP Director and evaluates the scientific merit of the NTP's intramural and collaborative programs. DATES: The NTP BSC meeting will be held on June 11-12, 2008. The deadline for submission of written comments is May 23, 2008, and for pre-registering to attend the meeting, including providing notice of intent to present oral comments, is June 4, 2008. Persons needing interpreting services in order to attend should contact 301-402-8180 (voice) or 301-435-1908 (TTY). For other accommodations, contact 919-541-2475 or e-mail *niehsoeeo@niehs.nih.gov.* Requests should be made at least 7 days in advance of the event. ADDRESSES: The NTP BSC meeting will be held at the Radisson Hotel Research Triangle Park, 150 Park Drive, Research Triangle Park, NC 27709. Public comments on all agenda topics and any other correspondence should be submitted to Dr. Barbara Shane, Executive Secretary for the NTP BSC, NTP Office of Liaison, Policy and Review, NIEHS, P.O. Box 12233, MD A3-01, Research Triangle Park, NC 27709; telephone: 919-541-4253; fax: 919-541-0295; or e-mail: *shane@niehs.nih.gov.* Courier address: NIEHS, 111 T.W. Alexander Drive, Room A322, Research Triangle Park, NC 27709. FOR FURTHER INFORMATION CONTACT: Dr. Barbara Shane (telephone: 919-541-4253 or e-mail: *shane@niehs.nih.gov* ). SUPPLEMENTARY INFORMATION: Preliminary Agenda Topics and Availability of Meeting Materials June 11-12, 2008 • Update of NTP activities. • Center for the Evaluation of Risks to Human Reproduction: Peer review of the draft NTP Brief on Bisphenol A. • Criteria for evaluating outcomes in reproductive, developmental, and immunotoxicology studies. • Report on the NTP BSC Technical Reports Review Subcommittee meeting held February 27-28, 2008. • NTP studies of DNA-based therapies. • NTP testing program: Proposed research projects on dimorpholinodiethyl ether, 2-ethylhexyl- *p* -methoxycinnamate, furan, melamine and cyanuric acid, 4,7,10-trioxatridecane-1,13-diamine, and tetravalent and pentavalent vanadium compounds. • Update on the High Throughput Screening Initiative. • Update on the Host Susceptibility Program. The preliminary agenda, roster of NTP BSC members and *ad hoc* reviewers, proposed NTP research projects, public comments, and any additional information, when available, will be posted on the NTP BSC meeting Web site *(http://ntp.niehs.nih.gov/go/165* ) or may be requested in hardcopy from the Executive Secretary for the NTP BSC (see ADDRESSES above). Following the meeting, summary minutes will be prepared and made available on the NTP meeting Web site. Peer Review of the Draft NTP Brief on Bisphenol A The NTP Center for the Evaluation of Risks to Human Reproduction (CERHR) conducts scientifically based assessments of the potential for chemicals to adversely affect human reproduction and development. CERHR follows a multi-step process for its evaluations (66 FR 37047). Currently, CERHR is conducting an evaluation of bisphenol A (CAS RN: 80-5-07), a high production volume chemical used primarily in the production of polycarbonate plastics and epoxy resins. Polycarbonate plastics have many applications including food and drink packaging, compact discs, and medical devices, while epoxy resins are used as lacquers to coat metal products such as food cans, bottle tops, and water supply pipes. CERHR selected bisphenol A for evaluation because of its
(1)High production volume,
(2)widespread human exposure,
(3)evidence of reproductive toxicity in laboratory animals, and
(4)public concern. As part of its evaluation process, CERHR has prepared the draft NTP Brief on bisphenol A that contains the NTP's conclusions and scientific support on whether or not exposure to this chemical presents a concern for human reproduction or the development of children. The draft brief is based on the CERHR Expert Panel Report on Bisphenol A released November 30, 2007, public comments on that report (the report and comments are available at *http://cerhr.niehs.nih.gov/chemicals/bisphenol/pubcomm-bisphenol.html* ), and new studies related to the toxicity or biological activity of bisphenol A published since the February 2007 cut-off date for literature for the expert panel's deliberations. The draft brief will undergo peer review at the NTP BSC meeting. The NTP invites written public comments on the draft NTP Brief on Bisphenol A and/or presentation of oral comments at the NTP BSC meeting (see “Request for Comments” below). The draft brief will be available on the CERHR Web site ( *http://cerhr.niehs.nih.gov/chemicals/bisphenol/bisphenol.html* ) and the NTP BSC meeting Web site ( *http://ntp.niehs.nih.gov/go/165* ) on April 15, 2008. NTP Testing Program: Proposed Research Projects The NTP actively seeks to identify and select for study chemicals and other substances for which sufficient information is not available to adequately evaluate potential human health hazards. The NTP accomplishes this goal through a formal open nomination and selection process. Substances considered appropriate for study generally fall into two broad, yet overlapping categories:
(1)Substances judged to have high concern as possible public health hazards based on the extent of human exposure and/or suspicion of toxicity and
(2)substances for which toxicological data gaps exist and additional studies would aid in assessing potential human health risks, e.g., by facilitating cross-species extrapolation or evaluating dose-response relationships. Nominations are subject to a multi-step, formal process of review before selections for testing are made and toxicological studies are designed and implemented. The nomination review and selection process is accomplished through the participation of representatives from the NIEHS, other federal agencies represented on the Interagency Committee for Chemical Evaluation and Coordination (ICCEC), the NTP BSC, the NTP Executive Committee—the NTP federal interagency policy body, and the public. The nomination review and selection process is described in further detail on the NTP Web site ( *http://ntp.niehs.nih.gov;* select “Nominations to the Testing Program”). Table 1 lists new nominations to be reviewed at the NTP BSC meeting. Background documents for each nomination are available on the NTP Web site at *http://ntp.niehs.nih.gov/go/nom.* The NTP invites interested parties to submit written comments, provide supplementary information, and/or present oral comments at the NTP BSC meeting on the nominated substances and preliminary study recommendations that appear in Table 1 (see “Request for Comments” below). The NTP welcomes toxicology study information from completed, ongoing, or anticipated studies, as well as information on current U.S. production levels, use or consumption patterns, human exposure, environmental occurrence, or public health concerns for any of the nominated substances. The NTP is interested in identifying appropriate animal and non-animal experimental models for mechanistic-based research, including genetically modified rodents and high-throughput *in vitro* test methods, and as such, solicits comments regarding the use of specific *in vivo* and *in vitro* experimental approaches to address questions relevant to the nominated substances and issues under consideration. Although the deadline for submission of written comments to be considered at the NTP BSC meeting is May 23, 2008 (see “Request for Comments” below), the NTP welcomes comments or additional information on these study nominations at any time. Table 1.—Testing Recommendations for Substances Nominated to the NTP for Toxicological Studies Substance [CAS No.] Nominated by 1 Nomination rationale Preliminary study recommendations 2 Dimorpholinodiethyl ether [6425-39-4] NCI High production volume; potential worker exposures; lack of adequate toxicological data; suspicion of toxicity based on structure —Initial toxicological characterization. —Studies to assess the potential for nitrosation. 2-Ethylhexyl *p* -methoxycinnamate [5466-77-3] NCI High production volume; widespread consumer exposure as a common sunscreen active ingredient; reported estrogenic and reproductive effects —Comprehensive toxicological characterization including carcinogenicity and developmental toxicity studies. —Characterization of photodecomposition products. 4,7,10-Trioxatridecane-1,13-diamine [4246-51-9] NCI High production volume; potential worker exposures; lack of adequate toxicological data; acutely toxic —Biomolecular screening studies. —Genotoxicity studies. Vanadium, tetravalent and pentavalent forms NIEHS, U.S. Environmental Protection Agency Widespread occurrence as drinking water contaminant and use as a dietary supplement; EPA Drinking Water Contaminant Candidate List research need; pentavalent form is carcinogenic via the inhalation route; inadequate data to assess risk of oral exposures —Comprehensive toxicological characterization. —Chronic toxicity and carcinogenicity studies via oral route of administration. —Multi-generation reproductive and developmental toxicity studies. 1 National Institute of Environmental Health Sciences (NIEHS); National Cancer Institute (NCI). 2 The terms “initial toxicological characterization” and “comprehensive toxicological characterization” in this table refer to the approximate scope of a research program to address toxicological data needs. The types of toxicological studies that would be considered by NTP staff during the conceptualization and design of a research program for each are: —Initial toxicological characterization: Biomolecular screening, *in vitro* mechanistic, *in vitro* and *in vivo* genotoxicity, absorption, disposition, metabolism, and elimination, and short-term repeat dose (2-4 weeks) *in vivo* studies. —Comprehensive toxicological characterization: All of the aforementioned plus subchronic toxicity (13-26 weeks), chronic toxicity (1-2 years), carcinogenicity in conventional or genetically modified rodent models, organ systems toxicity (immunotoxicity, reproductive and developmental toxicity, neurotoxicity), *in vivo* mechanistic, toxicokinetics, and other special studies as appropriate (e.g., chemistry, toxicogenomics, phototoxicity). To facilitate review of proposed research projects by the NTP BSC and the public, NTP staff developed a draft research concept document for each nomination recommended for study. A research concept is a brief document outlining the nomination or study rationale, and the significance, study approach, and expected outcome of a proposed research program tailored for each nomination. The purpose of these research concepts is to outline the general elements of a program of study that would address the specific issues that prompted the nomination, but also encompass studies that may address larger public health issues, or topics in toxicology that could be appropriately addressed through studies on the nominated agent. Draft research concepts for the new nominations listed in Table 1 will be available on the NTP BSC meeting page ( *http://ntp.niehs.nih.gov/go/165* ) by May 7, 2008. In addition to review of the new nominations in Table 1, the NTP BSC will review proposed research projects for
(1)furan [CAS RN: 110-00-9]; and
(2)melamine [CAS RN: 108-78-1] and cyanuric acid [CAS RN: 108-80-5]. Draft research concepts for these proposed projects will be available on the NTP BSC meeting page ( *http://ntp.niehs.nih.gov/go/165* ) by May 7, 2008. Attendance and Registration The meeting is scheduled for June 11-12, 2008, beginning at 8:30 a.m. on each day and continuing to 5 p.m. on June 1 and on June 12 until adjournment. The meeting is open to the public with attendance limited only by the space available. Individuals who plan to attend are encouraged to register online at the NTP BSC meeting Web site ( *http://ntp.niehs.nih.gov/go/165* ) by June 4, 2008, to facilitate planning for the meeting. The NTP is making plans to videocast the meeting through the Internet at *http://www.niehs.nih.gov/news/video/live.* Request for Comments Written comments submitted in response to this notice should be received by May 23, 2008. Comments will be posted on the NTP BSC meeting Web site and persons submitting them will be identified by their name and affiliation and/or sponsoring organization, if applicable. Persons submitting written comments should include their name, affiliation (if applicable), phone, e-mail, and sponsoring organization (if any) with the document. Time will be allotted during the meeting for the public to present oral comments to the NTP BSC on the agenda topics. Each organization is allowed one time slot per agenda topic. At least 7 minutes will be allotted to each speaker, and if time permits, may be extended to 10 minutes at the discretion of the NTP BSC chair. Registration for oral comments will also be available on-site, although time allowed for presentation by on-site registrants may be less than that for pre-registered speakers and will be determined by the number of persons who register at the meeting. Persons registering to make oral comments are asked, if possible, to send a copy of their statement to the Executive Secretary for the NTP BSC (see ADDRESSES above) by June 4, 2008, to enable review by the NTP BSC prior to the meeting. Written statements can supplement and may expand the oral presentation. If registering on-site and reading from written text, please bring 40 copies of the statement for distribution to the NTP BSC and NIEHS/NTP staff and to supplement the record. Background Information on the NTP Board of Scientific Counselors The NTP BSC is a technical advisory body comprised of scientists from the public and private sectors that provides primary scientific oversight to the overall program and its centers. Specifically, the NTP BSC advises the NTP on matters of scientific program content, both present and future, and conducts periodic review of the program for the purpose of determining and advising on the scientific merit of its activities and their overall scientific quality. Its members are selected from recognized authorities knowledgeable in fields such as toxicology, pharmacology, pathology, biochemistry, epidemiology, risk assessment, carcinogenesis, mutagenesis, molecular biology, behavioral toxicology, neurotoxicology, immunotoxicology, reproductive toxicology or teratology, and biostatistics. Members serve overlapping terms of up to four years. NTP BSC meetings are held annually or biannually. Dated: April 4, 2008. Samuel H. Wilson, Acting Director, National Institute of Environmental Health Sciences and National Toxicology Program. [FR Doc. E8-7831 Filed 4-11-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Solicitation of Nominations for Membership on the Advisory Committee on Blood Safety and Availability AGENCY: Department of Health and Human Services, Office of the Secretary. ACTION: Notice. SUMMARY: The Office of Public Health and Science
(OPHS)is seeking nominations of qualified individuals to be considered for appointment as members of the Advisory Committee on Blood Safety and Availability (ACBSA). ACBSA is a Federal advisory committee in the Department of Health and Human Services. Management support for the activities of this Committee is the responsibility of the OPHS. The qualified individuals will be nominated to the Secretary of Health and Human Services for consideration of appointment as members of the ACBSA. Members of the Committee, including the Chair, are appointed by the Secretary. Members are invited to serve on the Committee for overlapping four-year terms. DATES: All nominations must be received no later than 4 p.m. EDT on June 30, 2008, at the address listed below. ADDRESSES: All nominations should be mailed or delivered to Dr. Jerry Holmberg, Executive Secretary, Advisory Committee on Blood Safety and Availability; Office of Public Health and Science; Department of Health and Human Services; 1101 Wootton Parkway, Suite 250; Rockville, MD 20852. *Telephone:*
(240)453-8803. FOR FURTHER INFORMATION CONTACT: Dr. Jerry Holmberg, Executive Secretary, Advisory Committee on Blood Safety and Availability. *Contact information for Dr. Holmberg is the same as previously provided.* A copy of the Committee charter and roster of the current membership can be obtained by contacting Dr. Holmberg or by accessing the ACBSA Web site at *http://www.hhs.gov/bloodsafety.* SUPPLEMENTARY INFORMATION: The Advisory Committee on Blood Safety and Availability provides advice to the Secretary and to the Assistant Secretary for Health. The Committee provides advice on a range of policy issues to include:
(1)Definition of public health parameters around safety and availability of the blood and blood products,
(2)broad public health, ethical and legal issues related to transfusion and transplantation safety, and
(3)the implications for safety and availability of various economic factors affecting product cost and supply. The ACBSA consists of 18 voting members. The Committee is composed of 12 public members, including the Chair, and six
(6)representative members. The public members are selected from State and local organizations, advocacy groups, provider organizations, academic researchers, ethicists, private physicians, scientists, consumer advocates, legal organizations, and from among communities of persons who are frequent recipients of blood or blood products. The six individuals who are appointed as official representative members are selected to serve the interests of the blood and blood products industry or professional organizations associated with transfusion or transplantation safety. The representative members are selected from the following groups: the AABB, the Plasma Protein Therapeutic Association (PPTA), one of the two major distributors of blood on a rotating basis, a trade organization or manufacturer of blood, plasma, or other tissue test kits or equipment, and a purchaser of blood and blood products from a major hospital organization. All ACBSA members are authorized to receive the prescribed per diem allowance and reimbursement for travel expenses that are incurred to attend meetings and conduct Committee-related business, in accordance with Standard Government Travel Regulations. Individuals who are appointed to serve as public members are authorized also to receive a stipend for attending Committee meetings and to carry out other Committee-related business. Individuals who are appointed to serve as representative members for a particular interest group or industry are not authorized to receive a stipend for the performance of these duties. This announcement is to solicit nominations of qualified candidates to fill positions on the ACBSA that are scheduled to be vacated in the public member category. The positions are scheduled to be vacated on December 31, 2008. Nominations In accordance with the charter, persons nominated for appointment as members of the ACBSA should be among authorities knowledgeable in blood banking, transfusion medicine, plasma therapies, transfusion and transplantation safety, bioethics, and/or related disciplines. Nominations should be typewritten. The following information should be included in the package of materials submitted for each individual being nominated for consideration of appointment:
(a)The name, return address, daytime telephone number and affiliation(s) of the individual being nominated, the basis for the individual's nomination, the category for which the individual is being nominated, and a statement bearing an original signature of the nominated individual that, if appointed, he or she is willing to serve as a member of the Committee;
(b)the name, return address, and daytime telephone number at which the nominator may be contacted. Organizational nominators must identify a principal contact person in addition to the contact; and
(c)a copy of a current curriculum vitae or resume for the nominated individual. Individuals can nominate themselves for consideration of appointment to the Committee. All nominations must include the required information. Incomplete nominations will not be processed for consideration. The letter from the nominator and certification of the nominated individual must bear original signatures; reproduced copies of these signatures are not acceptable. The Department of Health and Human Services is committed to ensuring that women, minority groups, and physically challenged individuals are adequately represented on the Committee. Nominations of qualified candidates from these categories are encouraged. The Department also seeks to have geographic diversity reflected in the composition of the Committee. The Standards of Ethical Conduct for Employees of the Executive Branch are applicable to individuals who are appointed as public members of Federal advisory committees. Individuals appointed to serve as public members of Federal advisory committees are classified as special Government employees (SGEs). SGEs are Government employees for purposes of the conflict of interest laws. Therefore, individuals appointed to serve as public members of the ACBSA are subject to an ethics review. The ethics review is conducted to determine if the individual has any interests and/or activities in the private sector that may conflict with performance of their official duties as a member of the Committee. Individuals appointed to serve as public members of the Committee will be required to disclose information regarding financial holdings, consultancies, and research grants and/or contracts. Dated: April 9, 2008. Jerry A. Holmberg, Executive Secretary, Advisory Committee on Blood Safety and Availability. [FR Doc. E8-7986 Filed 4-14-08; 8:45 am] BILLING CODE 4150-41-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency for Toxic Substances and Disease Registry Statement of Organization, Functions and Delegations of Authority Part J (Agency for Toxic Substances and Disease Registry) of the Statement of Organization, Functions, and Delegations of Authority of the Department of Health and Human Services (50 FR 25129-25130, dated June 17, 1985, as amended most recently at 71 FR 58396-5 8397, dated October 3, 2006) is amended to reflect the reorganization of the Office of the Director, Agency for Toxic Substances and Disease Registry. Section J-B, Organization and Functions, is hereby amended as follows: After item
(9)of the functional statement for the *Office of the Director (JAA), Agency for Toxic Substances and Disease Registry* (J), add the following:
(10)serves as primary liaison between ATSDR and the National Center for Health Marketing on communications and marketing science, and its associated research and practice. Delete in their entirety the title and functional statement for the *Office of Communications (JAA4)* . Dated: April 2, 2008. Joseph Henderson, Acting Chief Operating Officer, Centers for Disease Control and Prevention (CDC). [FR Doc. E8-7855 Filed 4-14-08; 8:45 am] BILLING CODE 4160-70-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60 Day-08AW] Proposed Data Collections Submitted for Public Comment and Recommendations In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention
(CDC)will publish periodic summaries of proposed projects. Alternatively, to obtain a copy of the data collection plans and instrument, call 404-639-5960 and send comments to Maryam I. Daneshvar, CDC Reports Clearance Officer, 1600 Clifton Road, NE., MS-D74, Atlanta, Georgia 30333; comments may also be sent by e-mail to *omb@cdc.gov.* Comments are invited on
(a)whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have a practical utility;
(b)the accuracy of the agency's estimate of the burden of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarify 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 information technology. Written comments should be received within 60 days of this notice. Proposed Project Quarantine Station Illness Response Forms—Airline, Maritime, Land/Border Crossing—New—National Center for Preparedness, Detection, and Control of Infectious Diseases (NCPDCID), Centers for Disease Control and Prevention (CDC). CDC proposes to collect patient-level clinical, epidemiologic, and demographic data from ill travelers and their possible contacts in order to fulfill its regulatory responsibility to prevent the importation of communicable diseases from foreign countries (42 CFR Part 71) and interstate control of communicable diseases in humans (42 CFR Part 70). Background and Brief Description Section 361 of the Public Health Service
(PHS)Act (42 U.S.C. 264) authorizes the Secretary of Health and Human Services to make and enforce regulations necessary to prevent the introduction, transmission or spread of communicable diseases from foreign countries into the United States. The regulations that implement this law, 42 CFR Parts 70 and 71, authorize quarantine officers and other personnel to inspect and undertake necessary control measures with respect to conveyances ( *e.g.* , airplanes, cruise ships, trucks, etc.), persons, and shipments of animals and etiologic agents in order to protect the public health. The regulations also require conveyances to immediately report an “ill person” or any death on board to the Quarantine Station prior to arrival in the United States. An “ill person” is defined in statute by: —Fever (≥100 °F or 38 °C) persisting ≥48 hours —Fever (≥100 °F or 38 °C) AND rash, glandular swelling, or jaundice —Diarrhea (≥3 stools in 24 hours or greater than normal amount) The SARS situation and concern about pandemic influenza and other communicable diseases have prompted CDC Quarantine Stations to recommend that *all* illnesses be reported prior to arrival. CDC Quarantine Stations are currently located at 20 international U.S. Ports of Entry. When a suspected illness is reported to the Quarantine Station, officers promptly respond to this report by meeting the incoming conveyance (when possible), collecting information and evaluating the patient(s), and determining whether an ill person can safely be admitted into the U.S. If Quarantine Station staff are unable to meet the conveyance, the crew or medical staff of the conveyance are trained to complete the required documentation and forward it (using a secure system) to the Quarantine Station for review and follow-up. To perform these tasks in a streamlined manner and ensure that all relevant information is collected in the most efficient and timely manner possible, Quarantine Stations use a number of forms—the Airline Screening and Illness Response Form, the Ship Illness/Death Reporting Form, and the Land/Border Crossing Form—to collect data on passengers with suspected illness and other travelers/crew who may have been exposed to an illness. These forms are also used to respond to a report of a death aboard a conveyance. The purpose of all three forms is the same: to collect information that helps quarantine officials detect and respond to potential public health communicable disease threats. All three forms collect the following categories of information: Demographics and mode of transportation, clinical and medical history, and any other relevant facts ( *e.g.* , travel history, traveling companions, etc.). As part of this documentation, quarantine public health officers look for specific signs and symptoms common to the nine quarantinable diseases (Pandemic influenza; SARS; Cholera; Plague; Diphtheria; Infectious Tuberculosis; Smallpox; Yellow fever; and Viral Hemorrhagic Fevers), as well as most communicable diseases in general. These signs and symptoms include fever, difficulty breathing, shortness of breath, cough, diarrhea, jaundice, or signs of a neurological infection. The forms also collect data specific to the traveler's conveyance. These data are used by Quarantine Stations to make decisions about a passenger's suspected illness as well as its communicability. This in turn enables Quarantine Station staff to assist conveyances in the public health management of passengers and crew. The estimated total burden on the public, included in the chart below, can vary a great deal depending on the severity of the illness being reported, the number of contacts, the number of follow-up inquiries required, and who is recording the information ( *e.g.* , Quarantine Station staff versus the conveyance medical authority). In all cases, Quarantine Stations have implemented practices and procedures that balance the health and safety of the American public against the public's desire for minimal interference with their travel and trade. Whenever possible, Quarantine Station staff obtain information from other documentation ( *e.g.* , manifest order, other airline documents) to reduce the amount of the public burden. There is no cost to respondents other than their time to complete the survey. The annualized burden for this data collection is 172 hours. Estimate of Annualized Burden Respondents Number of respondents Number of responses per respondent Average burden per response (in hours) Total burden hours Airline Illness or Death Investigation Form 1320 1 6/60 132 International Maritime Illness or Death Report 200 1 3/60 10 International Maritime Illness or Death Investigation Form 200 1 7/60 24 Land Border Illness or Death Investigation Form 60 1 6/60 6 Total 172 Dated: April 8, 2008. Maryam I. Daneshvar, Acting Reports and Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E8-7969 Filed 4-14-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-08-0621] Proposed Data Collections Submitted for Public Comment and Recommendations In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention
(CDC)will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the data collection plans and instruments, call 404-639-5960, send comments to Maryam I. Daneshvar, CDC Acting Reports Clearance Officer, 1600 Clifton Road, MS-D74, Atlanta, GA 30333 or send an e-mail to *omb@cdc.gov.* *Comments are invited on:*
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Written comments should be received within 60 days of this notice. Proposed Project 2009 and 2011 National Youth Tobacco Surveys (NYTS)—Revision—National Center for Chronic Disease Prevention and Health Promotion (NCCDPHP), Centers for Disease Control and Prevention (CDC). Background and Brief Description The purpose of this request is to renew OMB clearance of the National Youth Tobacco Survey
(NYTS)(OMB No. 0920-0621; exp. date December 31, 2008), a national school-based study to be conducted in 2009 and 2011. The NYTS was previously funded by the American Legacy Foundation in 1999, 2000, and 2002. The NYTS was funded by CDC in 2004 and additional surveys were conducted in 2004 and 2006. The proposed revision will incorporate minor changes to the burden estimate and the survey instrument. The NYTS is the most comprehensive source of nationally representative tobacco data among students in grades 9-12, moreover, the NYTS is the only source of such national data for students in grades 6-8. The NYTS covers the following topics related to youth tobacco use: use of cigarettes, smokeless tobacco, cigars, pipes, bidis, and kreteks; knowledge and attitudes; media and advertising; access to tobacco products and enforcement of restrictions on access; school curriculum; environmental tobacco smoke exposure; and cessation. The NYTS provides national estimates of tobacco use behaviors, information about exposure to pro- and anti-tobacco influences, and information about racial and ethnic disparities in tobacco-related topics. Information collected through the NYTS is used to identify trends over time, to inform the development of tobacco cessation programs for youth, and to evaluate the effectiveness of existing interventions and programs. Tobacco use is a major preventable cause of morbidity and mortality in the U.S. and is one of the 28 focus areas in Healthy People 2010. Within the Healthy People 2010 focus area of tobacco use, the NYTS provides data relevant to six health objectives. The survey also provides data to monitor one of the 10 leading health indicators for Healthy People 2010 that addresses tobacco use. In Spring 2009 and Spring 2011, the NYTS will be conducted among nationally representative samples of students attending public and private schools in grades 6-12. The NYTS is administered to students as an optically scannable, eight-page booklet of multiple-choice questions. Information supporting the NYTS also will be collected from state-, district-, and school-level administrators and teachers. The table below reports the combined total number of respondents for the 2009 and 2011 NYTS annualized over the 3-year project period. There are no costs to respondents except their time. Estimated Annualized Burden Hours Type of respondents Form name Number of respondents Number of responses per respondent Average burden per response (in hours) Total burden (in hours) State Administrators State-level Recruitment Script for the National Youth Tobacco Survey 17 1 30/60 9 District Administrators District-level Recruitment Script for the National Youth Tobacco Survey 80 1 30/60 40.0 School Administrators School-level Recruitment Script for the National Youth Tobacco Survey 133 1 30/60 67 Teachers Data Collection Checklist for the National Youth Tobacco Survey 595 1 15/60 149 Students National Youth Tobacco Survey 12,659 1 45/60 9,494 Total 9,759 Dated: April 8, 2008. Maryam I. Daneshvar, Acting Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E8-7970 Filed 4-14-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30 Day-08-08AB] Agency Forms Undergoing Paperwork Reduction Act Review The Centers for Disease Control and Prevention
(CDC)publishes a list of information collection requests under review by the Office of Management and Budget
(OMB)in compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). To request a copy of these requests, call the CDC Reports Clearance Officer at
(404)639-5960 or send an e-mail to *omb@cdc.gov.* Send written comments to CDC Desk Officer, Office of Management and Budget, Washington, DC or by fax to
(202)395-6974. Written comments should be received within 30 days of this notice. Proposed Project All Age Influenza Hospitalization Surveillance (Flu Hosp)—New—National Center for Immunization and Respiratory Diseases (NCIRD) Centers for Disease Control and Prevention (CDC). Background and Brief Description The data collection network is an established CDC-state-academic institution collaborative network, the Emerging Infections Program
(EIP)which includes defined catchment areas in the states of California, Colorado, Connecticut, Georgia, Maryland, Minnesota, New Mexico, New York, Oregon, and Tennessee. From October 1 through April 30 (flu season), Flu Hosp sites will collect data in selected catchment areas using case report forms. Participating sites will also complete discharge audit forms following flu season. A standardized case report form will be completed for all persons meeting the case definition and inclusion criteria in the selected catchment areas. Most of the case report forms can be completed using data obtained from the laboratory and medical chart review. If the medical chart is not available, or the necessary information is not included in the medical record, the patient or their proxy may be interviewed. To address any limitation in completeness of case identification, a retrospective discharge audit will be conducted by each participating site following flu season. Based on a range of discharge diagnoses, persons aged 18 years or older who are residents of a geographically-defined area and who were admitted to hospitals during October 1, 2007 through April 30, 2008, will have their medical chart examined to identify whether they had an influenza positive test result at the beginning of their hospitalization. The discharge audit will determine if cases were missed by usual case ascertainment methods. The completeness evaluation is a matching (or linking) project, followed by chart abstraction of missed cases. The need for the information and proposed use(s) of the information are necessary because currently there is no national surveillance system in place that is able to estimate the burden of laboratory-confirmed adult hospitalizations during seasonal or pandemic influenza within a given season. Additionally, because influenza is often underreported, including a retrospective discharge audit in addition to conducting prospective surveillance is needed to identify limitations in current surveillance efforts. The respondents for each of the forms are the 10 state health departments who submit biweekly case report forms for pediatric and adult influenza surveillance, and who submit discharge audit forms to CDC. Responses for the case report forms indicate the number of cases that are identified. The number of responses for all case report forms must be estimated as we do not know before hand how many cases will occur. Respondents are required to submit data for the Adult Flu Hosp project and the Pediatric Influenza Project to the CDC bi-weekly during flu season. Responses for Discharge Audit forms A-D indicate the number of times each site is required to fill out the respective form. Data for the Discharge audit will be a one-time data collection for each case. Although 10 states participate in Flu Hosp, because New York includes two functionally and geographically different catchment areas, those two areas will submit individual discharge audit data, to make a total of 11 respondents. There are no costs to respondents other than their time. The total estimated annualized burden is 508 hours. Estimated Annualized Burden Hours Form name Type of respondent Number of respondents Number of responses per respondent Average burden per response (in hours) Pediatric Influenza Hospitalization Surveillance Project Case Report Form Health Department 10 75 15/60 Adult Influenza Hospitalization Surveillance Project Case Report Form Health Department 10 120 15/60 Adult Discharge Audit Case Report Form Health Department 11 3 15/60 Adult Discharge Audit Form A: Description of Matching Method Health Department 11 1 15/60 Adult Discharge Audit Form B: Sampling Strategy Health Department 11 1 15/60 Adult Discharge Audit Form C: Summary Health Department 11 1 15/60 Adult Discharge Audit Form D: Future Health Department 11 1 15/60 Dated: April 8, 2008. Maryam I. Daneshvar, Acting Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E8-7971 Filed 4-14-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-08-0572] Proposed Data Collections Submitted for Public Comment and Recommendations In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention
(CDC)will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the data collection plans and instruments, call 404-639-5960 and send comments to Maryam I. Daneshvar, CDC Acting Reports Clearance Officer, 1600 Clifton Road, MS-D74, Atlanta, GA 30333 or send an e-mail to *omb@cdc.gov.* Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Written comments should be received within 60 days of this notice. Proposed Project Health Message Testing System, 0920—0572—Revision—National Center for Health Marketing (NCHM), Coordinating Center for Health Information and Service (CCHIS), Centers for Disease Control and Prevention CDC). Background and Brief Description The National Center for Health Marketing
(NCHM)was established as part of the Centers for Disease Control and Prevention's Futures Initiative to help ensure that health information, interventions, and programs at CDC are based on sound science, objectivity, and continuous customer input. Before CDC disseminates a health message to the public, the message always undergoes scientific review. However, reflecting the current state of scientific knowledge accurately provides no guarantee that the public will understand a health message or that the message will move people to take recommended action. Communication theorists and researchers agree that for health messages to be as clear and influential as possible, target audience members or representatives must be involved in developing the messages and provisional versions of the messages must be tested with members of the target audience. However, increasingly there are circumstances when CDC must move swiftly to protect life, prevent disease, or calm public anxiety. Health message testing is even more important in these instances, because of the critical nature of the information need. Consider the following situations: CDC must communicate about a hazard, outbreak, or other emergency that presents an urgent threat to one or more segments of the public. The national crisis in which anthrax spores contaminated mail, postal facilities, and congressional buildings is a striking example. CDC receives a mandate from Congress with a tight deadline for communicating with the public about a specific topic. For example, in 1998 Congress gave CDC 120 days to develop and test messages for a public information campaign about *Helicobacter pylori,* a bacterium that can cause stomach ulcers and increase cancer risk if an infected individual is not treated with antibiotics. Emerging lifestyle or technological trends create an ephemeral opportunity to leverage the attention or behavior of the public to increase the reach and/or salience of prevention messages. For example, media monitoring reveals a partnership between Napster, a music-based web site, and the Pennsylvania State University. This partnership creates an ample opportunity for CDC to join in the collaboration to reach students with a salient health promotion message. For instance, a ticker found on the top of the Napster homepage screen might contain an informational URL followed by a message encouraging students, especially those residing in dormitories, to receive the meningitis inoculation series at their campus health center. This message would be tailored prior to the beginning of each academic year and would need to be posted in a timely manner before the arrival of the incoming freshman class. Of equal importance, this communication mechanism can be effectively used in emergency “rapid response” situations such as the campus shooting incidents at Virginia Tech and North Illinois University. In the interest of timely health message dissemination, many programs forgo the important step of testing messages on dimensions such as clarity, salience, appeal, and persuasiveness (i.e., the ability to influence behavioral intention). Skipping this step avoids the delay involved in the standard OMB review process, but at a high potential cost. Untested messages can waste communication resources and opportunities because the messages can be perceived as unclear or irrelevant. Untested messages can also have unintended consequences, such as jeopardizing the credibility of Federal health officials. There is no cost to the respondents other than their time. **Estimated Annualized Burden Hours** Data collection method Number of respondents Number of responses per respondent Average burden per response (in hours) Total burden hours Central Location Intercept Interviews 300 12 5/60 300 Telephone Interviews 300 12 4/60 240 Individual In-depth Interview (Cognitive Interviews) 200 10 6/60 200 Focus Group Screenings 900 10 3/60 450 Focus Groups 300 20 8/60 Online Surveys 400 12 6/60 480 Total 2,400 2,470 Dated: April 8, 2008. Maryam I. Daneshvar, Acting Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E8-7973 Filed 4-14-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Advisory Committee to the Director, Centers for Disease Control and Prevention, (ACD, CDC) In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), CDC, announces the following meeting of the aforementioned committee: *Time and Date:* 8 a.m.—4 p.m., May 1, 2008. *Place:* CDC, Tom Harkin Global Communications Center, Auditorium B, 1600 Clifton Road, Atlanta, GA 30333. *Status:* Open to the public, limited only by the space available. The meeting room accommodates approximately 150 people. *Purpose:* The committee will provide advice to the CDC Director on strategic and other broad issues facing CDC. *Matters To Be Discussed:* Agenda items will include discussions on health systems transformation. Agenda items are subject to change as priorities dictate. *Contact Person for More Information:* Brad Perkins, M.D., M.B.A., Executive Officer, Advisory Committee to the Director, CDC, 1600 Clifton Road, NE., M/S D-14, Atlanta, Georgia 30333; Telephone
(404)639-7000. 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 the CDC and the Agency for Toxic Substances and Disease Registry. Dated: April 4, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-8039 Filed 4-14-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention National Center for Injury Prevention and Control/Initial Review Group, (NCIPC/IRG) In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention
(CDC)announces the following meeting of the aforementioned review group: *Time and Date:* 1 p.m.-3 p.m., May 9, 2008 (closed). *Place:* Teleconference. *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 Section 10(d) of Public Law 92-463. *Purpose:* This group is charged with providing advice and guidance to the Secretary, Department of Health and Human Services, and the Director, CDC, concerning the scientific and technical merit of grant and cooperative agreement applications received from academic institutions and other public and private profit and nonprofit organizations, including State and local government agencies, to conduct research on environmental exposures to hazardous substances. *Matters to be Discused:* The meeting will include the review, discussion, and evaluation of cooperative agreement applications submitted in response to Fiscal Year 2008 Requests for Applications related to the following individual research announcement: TS08-001, Program on Exposure-Dose Reconstruction and Computational Methods to Quantify Exposures to Hazardous Substances. Agenda items are subject to change as priorities dictate. *Contact Person for More Information:* J. Felix Rogers, Ph.D., M.P.H., NCIPC/ERPO, CDC, 4770 Buford Highway, NE., M/S F62, Atlanta, Georgia 30341, Telephone
(770)488-4334. 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: April 4, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-7975 Filed 4-14-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Statement of Organization, Functions and Delegations of Authority Part C (Centers for Disease Control and Prevention) of the Statement of Organization, Functions, and Delegations of Authority of the Department of Health and Human Services 45 FR 67772-76, dated October 14, 1980, and corrected at 45 FR 69296, October 20, 1980, as amended most recently at 73 FR 6728, dated February 2, 2008, is amended to reflect the reorganization of the National Center for Health Marketing, Coordinating Center for Health Information and Service, Centers for Disease Control and Prevention. Section C-B, Organization and Functions, is hereby amended as follows: Delete in their entirety the functional statements for the *National Center for Health Marketing (CPB),* and insert the following: *National Center for Health Marketing (CPB).* The mission of the National Center for Health Marketing
(NCHM)is to protect and promote the public's health through collaborative and innovative health marketing programs, products, and services that are customer-centered, science-based, and high-impact. In carrying out its mission, NCHM:
(1)Ensures the Centers for Disease Control and Prevention
(CDC)has the necessary marketing and prevention research data to develop information, interventions, and programs that respond to customers' needs, values, and uses;
(2)develops and evaluates rigorous research-based strategies for providing information, programs, and services;
(3)develops and tests communication messages and programs for public and professional audiences;
(4)ensures that CDC risk and emergency communication messages are effectively delivered to targeted audiences;
(5)works collaboratively to manage the CDC brand and ensures the CDC brand/identity is promoted throughout all CDC marketing/communication channels;
(6)provides value added cross-cutting scientific support to ensure the best available public health science is rapidly and reliably translated into effective practice and policy;
(7)ensures efficient, focused use of CDC's expertise and mechanisms for delivering health information and services;
(8)ensures customers have effective, real-time access to needed health and safety information, interventions, and programs through communication channels they prefer;
(9)delivers CDC information and services to the public;
(10)ensures effective strategic partnerships and alliances to extend CDC's reach;
(11)increases public awareness and partner actions to enhance the public health infrastructure;
(12)helps people understand public health and its relevance and value to people across all life stages;
(13)fosters the development and/or improvement of methods by which the partnership of federal, state, and local public health agencies can assure the coordinated and effective establishment of priorities and responses to public health problems;
(14)maintains a forum for communication, coordination, collaboration, and consensus among the National Centers
(NC)of CDC, public agencies, and private organizations concerned with ensuring the quality of public health practice;
(15)works collaboratively with academic institutions, especially schools of public health and departments of preventive medicine, to develop and evaluate all aspects of marketing and communication elements;
(16)provides a central service for consultation, design, production, and evaluation of media and instructional services to support CDC's delivery of public health messages;
(17)manages marketing-related shared services and in carrying out the above functions, collaborates, as appropriate, with other Coordinating Centers/Coordinating Offices (CC/CO), NCs, and Staff Offices
(SO)of CDC;
(18)oversees the management, development, implementation, and evaluation of CDC's primary Web site, *http://www.cdc.gov* and serves as a CDC-wide resource for communication technologies design, usability, and maintenance;
(19)leads CDC's e-health marketing/communication efforts; and
(20)leads NCHM efforts to apply new technologies, social networks, virtual worlds, and other new/emerging technologies to develop, enhance, maintain and deliver CDC information. *Office of the Director (CPB1).*
(1)Manages, directs, coordinates, and evaluates the activities of NCHM;
(2)develops goals and objectives and provides leadership, policy formation, scientific oversight, and guidance in program planning, development, and integration;
(3)coordinates assistance and oversight provided by NCHM to other CDC components, federal, state, and local government agencies, and the private sector;
(4)chairs the CDC Excellence in Marketing Committee;
(5)provides leadership and coordination for NCHM crosscutting programs including Global Health Marketing, Emergency Preparedness, Client and Collaborator Relations, and other center and agency-wide priority programs;
(6)establishes, administers, and coordinates CDC's health communication and marketing policies to ensure communication efforts reflect the scientific integrity of all CDC research, programs, and activities, and information is factual, accurate, and targeted toward improving public health;
(7)oversees NCHM-wide administrative and program services, and coordinates or assures coordination with the appropriate CDC offices on administrative and program matters;
(8)promotes, stimulates, conducts, and supports research on health communication topics of CDC-wide interest;
(9)maintains liaison with officials from the Department of Health and Human Services (HHS), other federal and state public health agencies, and non-profit and voluntary health agencies to coordinate health communication programs of mutual interest and concern;
(10)manages and coordinates staff professional development trainings related to health marketing and health communication;
(11)provides leadership and coordination for NCHM client and collaborator relationship activities;
(12)manages and coordinates HHS clearance for CDC communications and marketing programs and related products, and Office of Management and Budget
(OMB)clearance submissions for marketing and communication research;
(13)develops new mechanisms for agency-level communications with the public including the CDC-INFO hotline and e-mail response systems, CDC publications system, electronic journals and newsletters, and subscription e-mail systems; and
(14)establishes and manages a unified, comprehensive, high-quality CDC presence at selected public health conferences and health expositions. *Business Services Office (CPB13).*
(1)Provides leadership, oversight, and guidance in the management and operations of NCHM's programs;
(2)plans, coordinates, and provides administrative management support, advice, and guidance to NCHM, in the areas of fiscal management, personnel, travel, and other administrative services;
(3)coordinates the development of the NCHM annual budget submission and spending plans;
(4)directs and coordinates the activities of the office;
(5)conducts management analyses of NCHM programs, resources, and staff to ensure optimal utilization of resources and accomplishment of program objectives;
(6)plans, allocates, and monitors NCHM resources;
(7)maintains liaison and collaborates with other CDC components and external organizations in support of NCHM management and operations;
(8)plans, allocates, and monitors NCHM-wide administrative resources;
(9)works closely with other federal agencies involved with NCHM interagency agreements;
(10)coordinates NCHM requirements relating to procurement, materiel management, and interagency agreements;
(11)develops and implements administrative policies, procedures, and operations, as appropriate for NCHM, and prepares special reports and studies, as required, in the administrative management areas;
(12)provides coordinated services to NCHM for all internal conference/meeting management; and
(13)collaborates, as appropriate, with the CDC Office of the Director, other CDC offices, domestic and international agencies and organizations in carrying out the above functions. *Extramural Services Activity (CPB132).*
(1)Performs administrative management functions for extramural programs which are linked to research and non-research activities of NCI-IM and other CC/COs that utilize NCHM's and/or CCHIS's extramural mechanisms;
(2)provides expertise in the funding and administration of extramural activities, including grants, cooperative agreements and contracts;
(3)triages linked research projects and solicits peer review services from the Office of the Chief Science Officer;
(4)conducts annual program planning activities and plans the award process cycle with NCHM, other CC/CO/NCs and PGO staff,
(5)serves as the primary point of contact with PGO;
(6)provides technical consultation on HHS and CDC/PGO grant and cooperative agreement policy and regulations;
(7)provides fiscal management and stewardship of selected grants, contracts, and cooperative agreements; and
(8)coordinates NCHM requirements relating to selected contracts, grants, cooperative agreements, and reimbursable agreements. *MMWR Office (CPB14).*
(1)Manages the *MMWR* series of publications including the MMWR Recommendations and Reports, *CDC Surveillance Summaries,* and *Annual Summary of Notifiable Diseases;* and
(2)develops, plans, coordinates, edits, and produces the *MMWR* series, including the *MMWR Recommendations and Reports, CDC Surveillance Summaries,* and *Annual Summary of Notifiable Diseases.* *Health Communication Science Office (CPB15).* The Health Communication Science Office (HCSO):
(1)Serves as the principal advisor to the CO/NC director on communication and marketing science, research and practice,
(2)leads respective CO/NC strategic planning for communication and marketing science programs and projects;
(3)serves as key focal point for integrating CO/NC communications/health messages into cohesive marketing campaigns targeted to defined audiences to advance CDC's health protection goals;
(4)collaborates with other CO/NC in the development of marketing communications targeted to populations within certain life stages or who would otherwise benefit from a cross-functional approach;
(5)ensures use of scientifically sound research for marketing and communication programs and projects;
(6)serves as liaison to internal and external groups (this function does not apply to the National Center for Health Statistics [NCHS]);
(7)develops and manages relationships with internal and external partners and customers (this function does not apply to the National Center for Environmental Health Agency for Toxic Substances and Disease Registry nor to the NCHS);
(8)ensures accurate, accessible, timely, and effective translation of science for use by multiple audiences (this function does not apply to NCHS);
(9)leads identification and implementation of information dissemination channels (this function does not apply to NCHS);
(10)supervises and manages HCSO activities, programs, and staff;
(11)leads audience segmentation research;
(12)analyzing context, situation, and environment to inform Center-wide communication and marketing programs and projects;
(13)develops and manages clearance systems (this function does not apply to NCHS);
(14)provides training and technical assistance;
(15)collaborates on health media production, including graphics and broadcast production;
(16)provides project management expertise (this function does not apply to NCHS);
(17)collaborates on CDC brand management activities;
(18)collaborates with CDC media relations staff to ensure consistent and timely translation of center-specific health information to multiple audiences (this function does not apply to NCHS). The following functions (19-21) apply only to the National Center for Environmental Health Agency for Toxic Substances and Disease Registry:
(19)collaborates with external organizations and the news, public service, and entertainment and other media to ensure that effective findings and their implications for public health reach the public;
(20)collaborates closely with Divisions to produce materials designed for use by the news media, including press releases, letters to the editor, public service announcements, television programming, video news releases, and other electronic and printed materials;
(21)coordinates the development and maintenance of center/agency-wide information systems through an internet home page. The following functions (22-23) apply only to the National Center for Health Statistics:
(22)serves as the liaison to internal and external groups for health marketing activities; and
(23)provides project management expertise for health marketing activities. *Division of Health Communication and Marketing (CPBC).*
(1)Provides leadership in the development of CDC's priorities, strategies and practices for effective health communication and marketing to a wide range of target audiences;
(2)provides a CDC-wide forum for the sharing of health communication and marketing information; collaboration across programs; and discussion, development and implementation of health marketing policies and practices;
(3)assists the CC/CO/NC/SOs of CDC in conducting formative, process and outcome research, and evaluation of specific applications of health communication and marketing in program areas;
(4)assists the CC/CO/NC/SOs in identifying appropriate target audiences and messages;
(5)assists the CC/CO/NC/SOs and their constituents in identifying and building expertise and state-of-the-art technology, logistical support, and other capacities required for effective health communication and marketing;
(6)systematically conducts, collects, assesses and disseminates health communication and marketing research, evaluation results, and information on trends and emerging issues;
(7)provides leadership for and ensuring coordination of risk, emergency, and terrorism communication; and
(8)conducts evidence-based reviews of effective community health interventions. *Office of the Director (CPBC1).*
(1)Develops, manages, directs, and coordinates the implementation of strategic priorities and programmatic activities for the division;
(2)establishes division goals and objectives;
(3)provides oversight and coordination for division activities including personnel, budget, and administrative functions;
(4)advises the directors of NCHM, CCHIS, CDC, and other CC/CO/NC/SOs on all matters related to health communication and marketing;
(5)ensures CDC health marketing and communication activities follow policy directions established by the HHS Assistant Secretary for Public Affairs;
(6)provides leadership in the development of CDC's priorities, strategies, and practices for effective health communication and marketing activities;
(7)establishes strategy and oversight for emergency and risk communication efforts;
(8)produces periodic reports and publications;
(9)serves as point of contact and is responsible for agency and CC/CO/NC coordination for established programmatic activities as well as new initiatives; and
(10)provides scientific leadership and guidance to the division. *Marketing and Communication Strategy Branch (CPBCB).*
(1)Provides a broad range of support for consultation, coordination, and development of health communication and marketing program efforts across the agency;
(2)identifies and pursues opportunities for bundling, embedding, and joint dissemination of CDC information to more effectively reach audiences;
(3)monitors and refines strategies and messages based on evaluation and feedback mechanisms;
(4)consults on conceptualizing, developing, planning, executing, and evaluating CDC health marketing and communication activities and campaigns, media buys, Public Service Announcements (PSA), and other CDC information;
(5)establishes measures of success/effectiveness of CDC communication efforts and provides guidance to CDC programs on applying these measures;
(6)ensures analytic function for interpretation of data from centralized marketing databases, sources of environmental scanning, and communication literature for use in development and implementation of strategies for communication activities;
(7)provides an integrated marketing perspective to data collection and CDC data resources, using data from various sources to develop a more complete picture of the public and its health concerns/interests and to address cross cutting issues;
(8)provides for efficient, agency-wide access to consumer-oriented databases that can help support public health marketing;
(9)sponsors/initiates original health communication and marketing research;
(10)manages a repository of CDC and external research on the effectiveness of programs and interventions (both for public and sector audiences), and promotes the use of such evidence throughout CDC;
(11)ensures that the content of CDC scientific communications is accessible (available, understandable, actionable) to audiences that may have specific health literacy needs;
(12)identifies and implements strategies for health literacy and multilingual translation and delivery of CDC information tailored to specific audiences for maximum health impact;
(13)tailors science-based information to specific audiences based on the knowledge, literacy levels, and language, culture, interests, and level of scientific sophistication of those audiences;
(14)identifies and implements strategies for translation and delivery of CDC information to key targeted audiences for maximum health impact;
(15)directs, develops, and/or collaborates on channels for reaching the public with health messages that positively impact health; and
(16)provides for systematic mechanisms for gaining public input on health issues and priorities (e.g., advisory mechanisms, focus groups, polling, legislative and media tracking) and for the systematic application of knowledge gained from such input into agency decision making. *Emergency and Risk Communication Branch (CPBCC).*
(1)Identifies and implements strategies for translation and delivery of CDC's risk and emergency communication messages to key targeted audiences for maximum health impact;
(2)monitors, evaluates, and refines risk and emergency communication messages and channel selection, content, and use based on feedback mechanisms;
(3)evaluates the reach and effectiveness of CDC's risk and emergency communication messages and products;
(4)ensures the content of CDC's risk and emergency communication messages are accessible (available, understandable, actionable) and disseminated to the public and target audiences;
(5)tailors science based information related to risk and emergency communication messages for key sector audiences using knowledge of the interests and level of scientific sophistication of those audiences;
(6)manages, evaluates, and coordinates with selected/major channels CDC uses to push risk and emergency communication messages outward (e.g., media, distance learning, broadcast/satellite capability, messaging through Health Alert Network and the clinician registry, postings on the CDC website, and community and partner outreach);
(7)manages and evaluates the content during national emergencies or terrorism events on selected/major channels the public uses to contact CDC (e.g., Internet, phone hotlines, public exhibition areas);
(8)provides an integrated marketing perspective to risk emergency communication messages data collection and CDC data resources, using data from various sources to develop a more complete picture of the public and its health concerns/interests;
(9)provides for systematic mechanisms for gaining public input on risk and emergency communication messages (e.g., advisory mechanisms, focus groups, polling, legislative inquiries, and media tracking), for getting customer feedback on CDC programs (Web site and 800 number feedback, user surveys, feedback from partners, media tracking), and for the systematic application of knowledge gained from such input into agency decision making;
(10)sponsors/initiates original research related to risk and emergency communication messages on customer needs and interests; needs and interests of key sectors and partners; audience segmentation; and approaches to bundling and packaging of CDC offerings; and
(11)develops and manages selected channels to deliver national emergency and terrorism-related messages. *Community Guide Branch (CPBCD).*
(1)Convenes and supports the independent Task Force on Community Preventive Services, which develops evidence-based recommendations for the use or non-use of population-based health interventions;
(2)produces and promotes the use of the *Guide to Community Preventive Services* (aka *Community Guide* ) which is a compilation of the systematic reviews, evidence-based recommendations, and research needs related to best public health practices;
(3)performs evidence reviews of the efficacy and effectiveness of prevention activities not associated with the *Community Guide* ;
(4)assists CDC and other federal and non-federal partners in understanding, using, refining, and communicating methods for conducting systematic reviews;
(5)assists CDC and other federal and non-federal partners in linking reviews of evidence to guidelines development and/or program implementation;
(6)coordinates and manages large and diverse teams of internal and external partners in the systematic review process;
(7)coordinates and manages a working group of CDC, HHS, and nongovernmental partners to develop and/or refine methods for conducting systematic reviews;
(8)provides consultations for implementing *Community Guide* recommended strategies;
(9)coordinates and manages a working group of CDC, HHS and nongovernmental partners to diffuse *Community Guide* reviews, recommendations, and research needs to appropriate audiences throughout the U.S. health care and public health systems;
(10)participates in the development of national and regional public/private partnerships to enhance prevention research and the translation of evidence into policy and action;
(11)conducts selected scientific evaluation of the center or division-related prevention activities;
(12)communicates the *Community Guide* reviews, recommendations, and research needs beyond the *Morbidity and Mortality Weekly Report (MMWR)* and the *American Journal of Preventive Medicine/AJPM,* publications via other journals, books, the world wide Web, and other media;
(13)designs and conducts programmatic, process and outcome evaluation strategies for all stages of development and diffusion of the *Community Guide;* and
(14)assists in making recommendations for prevention and policy decisions. *Division of Partnerships and Strategic Alliances (CPBD).*
(1)Provides leadership in the development and coordination of high-priority partnerships and sets strategy and goals for working with private and public partnership sectors including business, health care, education, federal agencies, and faith and community organizations, the public health community, especially state and local health organizations and their regional and national affiliate organizations, and emergency planning, preparedness, and response partners;
(2)identifies critical cross-CDC relationships to maximize CDC's success in achieving priority health goals;
(3)develops protocols for partnership “triage” to ensure timely and effective coordination;
(4)serves as the agency-level contact on significant issues for major partners, or priority target partners;
(5)provides leadership in building strategic relationships with new partners and extending the range of existing partnerships;
(6)develops and maintains a database for high-priority, cross-cutting relationships;
(7)provides leadership in developing systematic mechanisms for gaining public and private sectors and public health systems' input on health issues and priorities; identifies and pursues opportunities for broadening the range of approaches used by programs;
(8)provides leadership in identifying and implementing strategies for effective delivery of CDC information to key sector and public health systems' audiences;
(9)provides targeted, science-based information for key sector audiences;
(10)provides leadership in the development of new mechanisms for agency-level communications with specific sectors;
(11)leads partner teams in Director's Emergency Operations Center
(DEOC)for emergency planning, response, and recovery;
(12)coordinates field assignees for public health systems and partnerships; and
(13)manages program management and project officer coordination for all partnership cooperative agreements including those applications submitted under cross-cutting CDC umbrella cooperative agreements. *Office of the Director (CPBD 1).*
(1)Manages, directs, and coordinates the research agenda and activities of the division;
(2)maintains partnership coordination database and directory;
(3)develops strategy and planning, and provides leadership and guidance on strategic planning, policy, program and project priority planning and setting, program management and operations for agency-wide CDC partnerships;
(4)identifies and prioritizes partnership sectors;
(5)establishes division goals, objectives, and priorities;
(6)monitors progress in implementation of projects and achievement of objectives;
(7)provides management, administrative, and support services, and coordinates with the NCHM OD on program and administrative matters;
(8)leads and supports the Excellence in Partnership Committee, representing the various CDC Centers and coordinating agency-wide partnership activities;
(9)provides liaison on partnerships with other CDC organizations, other governmental agencies, private organizations, and other outside groups;
(10)provides scientific leadership and guidance to the division;
(11)leverages partner relationships to improve CDC's translation of science and research to practice;
(12)leads activities to improve partner engagement as a means of informing CDC's science and practice;
(13)collaborates with the CDC Foundation in its activities with businesses and business organizations;
(14)assesses partners' needs and opportunities to enhance health protection;
(15)coordinates and/or collaborates on CDC representation on HHS Healthy People 2010 and 2020; and
(16)provides oversight for program management and project officer coordination for all partnership cooperative agreements including those applications submitted under cross-cutting CDC umbrella cooperative agreements. *Public Health Partners and Coordination Branch (CPBDB).*
(1)Provides leadership within CDC, with national public health organizations, and with governmental public health agencies to promote and support effective national partnerships for health promotion and disease prevention;
(2)supports program management and project officers for all partnership cooperative agreements including those applications submitted under cross-cutting CDC umbrella cooperative agreements;
(3)advises CC/CO/NC/SOs on program activities that strengthen the nation's public health system through effective linkages with governmental public health agencies and national public health organizations;
(4)supports and encourages public health systems research aimed at strengthening the public health system with particular emphasis on optimizing performance of governmental public health agencies;
(5)monitors and evaluates the nation's public health system with regard to emerging issues, system effectiveness and progress on achieving CDC's and the nation's public health goals;
(6)provides knowledge and science based information critical to the effectiveness of the governmental public health systems to public health agencies;
(7)provides leadership to CDC field staff in encouraging strong public health system capacity and partnerships;
(8)establishes and maintains program linkages with the Office of Workforce and Career Development and the Office of the Chief of Public Health Practice to facilitate systems development; and
(9)staffs the partner teams in the DEOC partner desk. *Private/Public Partner Sectors Branch (CPBDC).*
(1)Assures private and public sector, and state and local health organization management support in the selection, prioritization and implementation of CDC goals;
(2)leverages partner relationships to improve CDC' s translation of science and research to practice;
(3)supports activities to improve partner engagement as a means of informing CDC's science and practice;
(4)provides leadership to CDC and other organizations to promote and support effective partnerships for health promotion and disease prevention in all partnership sectors;
(5)provides leadership and supports CDC's activities related to business and worker organizations, public and private purchasers of health care, consumers, health care consultants, academic institutions, and others;
(6)assists in coordinating support for CDC's interactions with business collaboration partners;
(7)directs, coordinates, and evaluates critical CDC activities with major components of the health care sectors;
(8)serves as a focal point for developing public and private sector communications on health care issues relevant to CDC's goals;
(9)supports the collaboration with the CDC Foundation in its activities with businesses and business organizations;
(10)establishes data systems and knowledge required to support public private alliances;
(11)coordinates collaborative activities of the branch with other NCs, federal agencies, professional societies, and private health organizations;
(12)assures ongoing, effective communication between the CDC and key educational organizations on issues related to the nation's health;
(13)represents CDC to private sector organizations such as the Joint Commission on Accreditation of Healthcare Organizations, the National Quality Forum, the National Committee for Quality Assurance, the Quality Interagency Coordinating Task Force, the National Quality Report, the Institute for Healthcare Improvement, and others;
(14)assists educational organizations in implementing health interventions to reduce high-priority health risks among student populations;
(15)collaborates with other components of CDC, Public Health Service, and HHS, the U.S. Department of Education and other federal agencies; national professional, voluntary, and philanthropic organizations; and international agencies and other organizations as appropriate;
(16)provides a federal partner interface with CDC;
(17)builds networks and partner relationships;
(18)provides leadership and support to CDC's activities related to foundations, faith, and community organizations, their constituencies, and others; and
(19)provides access for faith- and-community-based organizations to compete for federal funds supporting delivery of public services, including health-related services. *Division of Electronic Health Marketing (CPBG).*
(1)Supports NCHM and CDC through the creation, design, development, and evaluation of effective communication technologies that enhance the presentation and distribution of CDC's products and services;
(2)assists CDC information developers in planning, designing, usability testing, and maintaining Web sites, mobile applications/devices, and other communication technologies;
(3)provides leadership and management for CDC's Web site ( *http://www.cdc.gov* ) and provides overall management, guidance, and direction for CDC Web sites and other communication technologies;
(4)develops a common user interface for CDC Web sites and ensures CDC branding across CDC's sites and other electronic products/services;
(5)provides leadership for CDC-INFO, CDC's telephone, e-mail, and fulfillment services center;
(6)conducts and supports research in user experience and communication technology areas in collaboration with other CDC/HHS organizations;
(7)creates and distributes tools, standards/guidelines, and other resources to assist CDC information developers in designing usable, useful, and accessible Web sites and other communication technologies;
(8)leads, coordinates, and/or supports the identification, evaluation, and implementation of new communication technologies that are relevant to CDC's mission and goals;
(9)stays abreast of emerging and new communications technologies and identifies appropriate ones to adopt;
(10)provides in-depth professional development in e-health and communication technologies research, design, and evaluation to CDC staff/contractors;
(11)provides agency-wide leadership, coordination, and/or support of CDC's presence in online social networks; and
(12)leads, coordinates, and/or supports online collaborations with partners. *Office of the Director (CPBG1).*
(1)Develops, manages, directs, and coordinates the implementation of strategic priorities and programmatic activities of the division;
(2)establishes division goals and objectives;
(3)provides oversight and coordination for division activities including personnel, budget and administrative functions;
(4)advises the directors of NCHM, CCHIS, CDC, and the CC/CO/NC/SOs on all matters related to e-health marketing, new media, social networks, and user experience;
(5)ensures CDC's e-health activities follow policy directions established by the HHS Assistant Secretary for Public Affairs, OMB, and others;
(6)provides leadership in the development of CDC's priorities, strategies, and practices for effective e-health marketing, new media, social networks, and user experience activities;
(7)produces periodic reports and publications;
(8)serves as point of contact and is responsible for agency, CC/CO/NC/SOs coordination for established c-Health programmatic activities as well as new initiatives;
(9)provides scientific leadership and guidance to the division;
(10)serves as NCHIM liaison with the National Center for Public Health Informatics and other CDC CC/CO/NC/SOs for e-health-related activities;
(11)collaborates with the Office of Workforce and Career Development and others to provide in-depth training and professional development in research-based communication technologies design and development;
(12)leads and coordinates CDC.gov's governance bodies (CDC.gov Council, CDC.gov Executive Board, CDC.gov Executive Committee, and related workgroups), and e-Health-related Communities of Practice and work groups; and
(13)provides oversight to CDC.gov and CDC-de web efforts. *Digital Content and Marketing Branch (CPBGB).*
(1)Develops policies, guidance, and best practices to improve the quality of CDC.gov content and marketing activities;
(2)coordinates CDC.gov content and marketing activities with CDC NCs and other internal and external organizations;
(3)assists with planning, development, deployment, and maintenance of a Content Management System for CDC.gov and other CDC sites;
(4)assesses CDC marketing priorities and ensures those priorities are reflected on CDC.gov;
(5)coordinates CDC's risk and emergency communications via e-health communication channels;
(6)assists CDC CC/CO/NC/SOs with planning, designing, and evaluating content and marketing efforts for CDC Web sites and other communication technologies using research-based approaches/methodologies;
(7)manages CDC's primary Web site, *http://www.cdc.gov* , and provides overall management, content coordination, technology coordination, site maintenance and operations;
(8)manages CDC-INFO, CDC's call center, e-mail responses, and fulfillment contracts;
(9)identifies gaps in CDC.gov content and works with NCs to fill those gaps; and
(10)markets CDC's e-health products, services, and tools and reporting the results of those marketing efforts. *Interactive Media and User Experience Branch (CPBGC).*
(1)Creates/provides data collection tools to assess the broad range of user needs, requirements, limitations, and satisfaction levels for CDC Web sites and other communication technologies;
(2)develops evidence-based guidelines, templates, and tools to guide CDC information developers in design/developing effective e-Health efforts;
(3)identifies potential communication technologies (hardware, software, and applications) and determines their feasibility for application to CDC products and services;
(4)assists CDC CC/CO/NC/SOs in implementing relevant emerging technologies and aiding in diffusing new technologies;
(5)evaluates emerging communication technologies;
(6)provides user centered design services (user data collection, prototype development, iterative usability testing);
(7)collects/analyzes user data/metrics from communication technologies (Web usage statistics, online user performance tools, user satisfaction tools, search logs, and other sources) to assess system performance, usability, accessibility, and usefulness;
(8)oversees the development and management of a state-of-the-art research/testing lab and training facility designed to research and test new communication technologies, design ideas, and the accessibility of older and newer software and technologies;
(9)leads, coordinates, and/or supports NCHM efforts to identify, evaluate the feasibility of, and implement new and emerging communication technologies that are relevant to CDC's mission and goals; and
(10)conducts and supports research in user experience, social networks, and new media and interactive communication technologies in collaboration with other CDC/HHS organizations. *Division of Creative Services (CPBH).*
(1)Manages and utilizes production facilities and resources to create effective programs for delivery of CDC information to key target audiences;
(2)collaborates on development and production of communication campaigns, PSAs, and other CDC information and services that are a high priority for the agency and/or cross-cutting;
(3)provides and manages CDC-wide services including graphic design and production (e.g., documents, posters, displays, visual presentations, etc.), writer editor services, scientific and event photographic services, and mechanisms to reach primary broadcast channels (e.g. broadcast, audio, and video);
(4)collects and/or facilitates distribution of graphic, digital, and broadcast materials;
(5)produces and collaborates on new broadcast communication mechanisms (e.g. HHS TV, CDC TV, radio/TV broadcasting, pod casting, web casting, and video-on-demand) for agency-level communications with the public and partners to include selection and promotion of content on selected channels and evaluation of its reach;
(6)provides oversight for broadcast delivery mechanisms for inbound and outbound broadcast communications (e.g., press conferences, interviews); and
(7)researches and works with other agency programs to develop new mechanisms to communicate with the public. *Office of the Director (CPBH1).*
(1)Develops, manages, directs, and coordinates the implementation of strategic priorities and programmatic activities of the division;
(2)establishes division goals and objectives;
(3)provides oversight and coordination for division activities including personnel, budget and administrative functions;
(4)sets up and implements tracking and triage system for managing incoming requests for creative services as well as tracking progress in accomplishing task objectives and overall division performance measures;
(5)develops and implements performance management measures for the division;
(6)establishes and maintains quality assurance editing to ensure service and product quality are consistent with outside industry;
(7)overseas customer service performance for CDC-wide service offerings;
(8)manages project and information archives to facilitate knowledge management and organizational efficiency;
(9)serves as point of contact for agency graphics and broadcast capabilities and is responsible for agency wide coordination for established graphics and broadcast programmatic activities and new initiatives;
(10)provides scientific leadership and guidance to the division; and
(11)manages the Global Health Odyssey, CDC's scientific museum and learning center. *Client Services Branch (CPBHB).*
(1)Accepts, tracks, and triages client requests for division services;
(2)assigns all creative service requests from across the agency to appropriate division branches or teams;
(3)manages and maintains an online request, work flow tracking, and program service indicator system;
(4)manages large or multidisciplinary projects through a team of client service staff who serve as the division's creative project coordinators with other organizations within CDC;
(5)gathers and monitors customer satisfaction information and addresses concerns as necessary;
(6)monitors and manages performance, and evaluates and communicates findings to the division leadership, CC/COs, and Chief Management Officials for follow-up and potential action;
(7)analyzes data about services being provided to be used to determine budget, equipment, staffing and training needs;
(8)collaborates on the maintenance of the Public Health Image Library, an internet archive of CDC's scientific and historical photographs; and
(9)provides scientific and event photography. *Graphic Services Branch (CPBHC).*
(1)Coordinates agency-wide graphics activities;
(2)designs, develops, and produces graphic illustrations, scientific posters, desktop presentations, conference materials, brochures, newsletters, and exhibits;
(3)provides high-end medical illustration and art design for CDC products and services; and
(4)provides creative direction/leadership for graphics products to ensure consistency with established agency guidelines and quality standards set within the division. *Broadcast Branch (CPBHD).*
(1)Develops, produces and manages audio, video, and multimedia health media;
(2)provides agency-wide and global communication capacity using state-of-the-art high-definition broadcast, Webcast and emerging health media delivery channels on a real time and/or recorded basis;
(3)responsible for media asset management of all broadcast video and audio programming developed within CDC;
(4)supports the communication needs of the CDC's DEOC to assure response capacity and capability for emergency broadcasts;
(5)manages all CDC broadcast-grade audio and video production requirements;
(6)develops and delivers television programming, in coordination with HITS, to deliver timely and accurate information to improve health and safety for the U.S. public and around the world;
(7)provides in-house creation, duplication and format conversion of products including VHS, S-VHS, DVD, CD-R, DAT, Mini-Dy, Betacam-SP, Digital-Betacam, DVC Pro-HD and international formats such as PAL, SECAM, SECAM-Il;
(8)keeps abreast of changing video formats to ensure CDC keeps pace;
(9)provides audio-only production services including: broadcast-grade, in-house audio production, audio-for-video, audio sweetening, mixing and editing to picture, voice-over, narration, format-conversions and delivery;
(10)provides professional consultation and support in the creation and production of emerging health media transmission technologies;
(11)develops and collaborates on agency-wide communication products and processes through multimedia and digital/electronic methods;
(12)produces graphic elements for national and international television broadcast programs, Web sites, and interactive CD-Rom and DVDs using state-of-the-art or leading edge technologies and expertise;
(13)collaborates with other areas of NCHM, particularly the Division of Electronic Health Marketing, in reviewing potential communication technology;
(14)provides audio/video engineering design, installation, setup and maintenance for the Division of Creative Services' facilities, CDC Director's press room, DEOC and the Continuity of Operations Site as required;
(15)manages and provides leadership for the Public Health Training Network;
(16)manages and coordinates the Public Health Grand Rounds, a program to disseminate the best practices in implementing public health activities; and
(17)develops and manages distance education and health communication products to reach public health partners and professionals in support of health priorities. *Writer Editor Services Branch (CPBHE).*
(1)Provides production editing services for CDC's information products;
(2)provides production editing services for *Morbidity and Mortality Weekly Report (MMWR)* publications, *Emerging Infectious Diseases
(EID)Journal* , and *Preventing Chronic Disease
(PCD)Journal* ;
(3)provides substantive editing services for CDC-authored written material;
(4)provides copy editing services;
(5)provides proofreading services;
(6)provides Web editing services;
(7)provides writing services, including research; and
(8)provides editorial consulting services, and training in writing and editing. After item
(11)of the functional statement for the *Office of the Director (CPC 1), National Center for Health Statistics (CPC),* add the following:
(12)serves as primary liaison between NCHS and the National Center for Health Marketing on communications and marketing science, and its associated research and practice; and
(13)releases and disseminates all NCHS statistical products and related activities in a mariner consistent with OMB Federal Statistical Agency Directive No. 4. After item
(17)of the functional statement for the *Office of the Director (CPE 1), National Center for Public Health Informatics (CPE)* , add the following:
(18)serves as primary liaison between NCPHI and the National Center for Health Marketing on communications and marketing science, and its associated research and practice. After item
(9)of the functional statement for the *Office of the Director (CTB 1), National Center for Environmental Health (CTB)* , add the following:
(10)serves as primary liaison between NCEH and the National Center for Health Marketing on communications and marketing science, and its associated research and practice. Delete in their entirety the title and function statement for the *Office of Communications (CTB 12).* After item
(9)of the functional statement for the *Office of the Director (CTC 1), National Center for Injury Prevention and Control (CTC)* , add the following:
(10)serves as primary liaison between NCIPC and the National Center for Health Marketing on communications and marketing science, and its associated research and practice. Delete in their entirety the title and function statement for the *Office of Communication Resources (CTC 14).* After item
(6)of the functional statement for the *Office of the Director (CUB 1), National Center on Birth Defects and Developmental Disabilities (CUB)* , add the following:
(7)serves as primary liaison between NCBDDD and the National Center for Health Marketing on communications and marketing science, and its associated research and practice. After item
(10)of the functional statement for the *Office of the Director (CUC1), National Center for Chronic Disease Prevention and Health Promotion (CUC),* add the following:
(11)serves as primary liaison between NCCDPHP and the National Center for Health Marketing on communications and marketing science, and its associated research and practice. After item
(16)of the functional statement for the *Office of the Director (CVG1), National Center for Immunization and Respiratory Diseases (CVG),* add the following:
(17)serves as primary liaison between NCIRD and the National Center for Health Marketing on communications and marketing science, and its associated research and practice. After item
(14)of the functional statement for the *Office of the Director (CVH 1), National Center for Zoonotic, Vector-borne, and Enteric Diseases (CVH),* add the following:
(15)serves as primary liaison between NCZVED and the National Center for Health Marketing on communications and marketing science, and its associated research and practice. After item
(23)of the functional statement for the *Office of the Director (CVJ 1), National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention (CVJ),* add the following:
(24)serves as primary liaison between NCHHSTP and the National Center for Health Marketing on communications and marketing science, and its associated research and practice. After item
(10)of the functional statement for the *Office of the Director (CVK1), National Center for Preparedness, Detection, and Control of Infectious Diseases (CVK),* add the following:
(11)serves as primary liaison between NCPDCID and the National Center for Health Marketing on communications and marketing science, and its associated research and practice. Dated: April 2, 2008. Joseph Henderson, Chief Operating Officer, Centers for Disease Control and Prevention (CDC). [FR Doc. E8-7823 Filed 4-14-08; 8:45 am] BILLING CODE 4160-18-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Proposed Information Collection Activity; Comment Request Proposed Projects *Title:* Family Violence Prevention and Services: Grants to States; Native American Tribes and Alaskan Native Villages; and State Domestic Violence Coalitions. *OMB No.:* 0970-0280. *Description:* The Family Violence Prevention and Services Act (FVPSA), as amended, authorizes the Department of Health and Human Services to award grants to States, Tribes—and Tribal Organizations, and State Domestic Violence Coalitions for family violence prevention and intervention activities. The proposed information collection activities will be used to make grant award decisions and to monitor grant performance. *Respondents:* State Agencies Administering FVPSA Grants; Tribal Governments and Tribal Organizations; and State Domestic Violence Coalitions. Annual Burden Estimates Instrument Number of respondents Number of responses per respondent Average burden hours per response Total burden hours State Grant Application 53 1 10 530 Tribal Grant Application 200 1 5 1,000 State Domestic Violence Coalition Application 52 1 10 520 State FVPSA Grant Performance Progress Report 53 1 10 530 Tribal FVPSA Grant Performance Progress Report 200 1 10 2,000 State Domestic Violence Coalition FVPSA Grant Performance Progress Report 52 1 10 520 Estimated Total Annual Burden Hours: 3,700 In compliance with the requirements of Section 506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Administration, Office of Information Services, 370 L'Enfant Promenade, SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. E-mail address: *infocollection@acf.hhs.gov.* All requests should be identified by the title of the information collection. The Department specifically requests comments on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the proposed collection of information;
(c)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. Consideration will be given to comments and suggestions submitted within 60 days of this publication. Dated: April 7, 2008. Janean Chambers, Reports Clearance Officer. [FR Doc. E8-7817 Filed 4-14-08; 8:45 am] BILLING CODE 4184-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Proposed Information Collection Activity; Comment Request Proposed Projects *Title:* Annual Statistical Report on Children in Foster Homes and Children in Families Receiving Payment in Excess of the Poverty Income Level From a State Program Funded Under Part A of Title IV of the Social Security Act. *OMB No. :* 0970-0004. *Description:* The Department of Health and Human Services is required to collect these data under section 1124 of Title I of the Elementary and Secondary Education Act, as amended by Public Law 103-382. The data are used by the U.S. Department of Education for allocation of funds for programs to aid disadvantaged elementary and secondary students. Respondents include various components of State Human Service agencies. *Respondents:* The 52 respondents include the 50 States, the District of Columbia, and Puerto Rico. Annual Burden Estimates Instrument Number of respondents Number of responses per respondent Average burden hours per response Total burden hours Annual Statistical Report on Children in Foster Homes and Children Receiving Payments in Excess of the Poverty Level From a State Program Funded Under Part A of Title IV of the Social Security Act 52 1 264.35 13,746 *Estimated Total Annual Burden Hours:* 13,746. In compliance with the requirements of Section 506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Administration, Office of Information Services, 370 L'Enfant Promenade, SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. E-mail address: *infocollection@acf.hhs.gov* . All requests should be identified by the title of the information collection. The Department specifically requests comments on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the proposed collection of information;
(c)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. Consideration will be given to comments and suggestions submitted within 60 days of this publication. Dated: April 9, 2008. Janean Chambers, Reports Clearance Officer. [FR Doc. E8-7946 Filed 4-14-08; 8:45 am] BILLING CODE 4184-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request *Title:* Annual Progress Report—University Centers for Excellence in Developmental Disabilities Education, Research, and Service. *OMB No.:* 0970-0289. *Description:* Section 104 (42 U.S.C. 15004) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (DD Act of 2000) directs the Secretary of Health and Human Services to develop and implement a system of program accountability to monitor the grantees funded under the DD Act of 2000. The program accountability system shall include the National Network of University Centers for Excellence in Developmental Disabilities Education, Research, and Service (UCEDDs) authorized under Part D of the DD Act of 2000. In addition to the accountability system, Section 154
(e)(42 U.S.C. 15064) of the DD Act of 2000 includes requirements for a UCEDD Annual Report. *Respondents:* 67. Annual Burden Estimates Instrument Number of respondents Number of responses per respondent Average burden hours per response Total burden hours UCEDD Annual Report Template 67 1 200 Estimated Total Annual Burden Hours: 13,400. *Additional Information:* Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Administration, Office of Information Services, 370 L'Enfant Promenade, SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. All requests should be identified by the title of the information collection. E-mail address: *infocollection@acf.hhs.gov.* *OMB Comment:* OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the **Federal Register** . Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork Reduction Project, Fax: 202-395-6974, Attn: Desk Officer for the Administration for Children and Families. Dated: April 9, 2008. Janean Chambers, Reports Clearance Officer. [FR Doc. E8-7947 Filed 4-14-08; 8:45 am] BILLING CODE 4184-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES
(HHS)Administration for Children and Families
(ACF)Office of Child Support Enforcement (OCSE); Privacy Act of 1974; Amended System of Records AGENCY: Office of Child Support Enforcement, ACF, HHS. ACTION: Notice of Amended System of Records. SUMMARY: In accordance with the requirements of the Privacy Act of 1974 (5 U.S.C. 552a), the Office of Child Support Enforcement
(OCSE)is publishing notice of amendment of its system of records, entitled “Federal Case Registry of Child Support Orders” (FCR), 09-80-0202, last published at 69 FR 46550 on August 3, 2004. The amendment adds four routine uses; new categories of records; and clarifying information and technical amendments. DATES: Department of Health and Human Services
(HHS)invites interested parties to submit written comments on the proposed notice until May 15, 2008. As required by the Privacy Act (5 U.S.C. 552a(r)), HHS on April 8, 2008 sent a report of an Amended System of Records to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB). The amendments described in this notice are effective on May 15, 2008, unless HHS receives comments that would result in a contrary determination. ADDRESSES: Interested parties may submit written comment on this notice by writing to Linda Deimeke, Director, Division of Federal Systems, Office of Automation and Program Operations, Office of Child Support Enforcement, Administration for Children and Families, 370 L'Enfant Promenade, SW., Washington, DC 20447. Comments received will be available for public inspection at this address from 9 a.m. to 5 p.m. Monday through Friday. FOR FURTHER INFORMATION CONTACT: Linda Deimeke, Director, Division of Federal Systems, Office of Child Support Enforcement, 370 L'Enfant Promenade, SW., Washington, DC 20447. Telephone Number
(202)401-5439. SUPPLEMENTARY INFORMATION: The Office of Child Support Enforcement
(OCSE)is amending one of its systems of records, “Federal Case Registry of Child Support Orders” (FCR), 09-80-0202, last published at 69 FR 46550 on August 3, 2004. First, OCSE is adding a routine use
(15)to facilitate international child support enforcement in cases involving residents of the United States and residents of foreign countries that are the subject of a declaration under section 459A of the Social Security Act, by providing to foreign reciprocating countries notification of the state of residence of individuals sought for support enforcement. Second, OCSE is adding a routine use
(16)for the disclosure to authorized OCSE users and the HHS Office of Inspector General, Office of Investigations, in accordance with established procedures for the purpose of Federal criminal nonsupport prosecution. Third, in accordance with a memorandum issued by the Office of Management and Budget, OCSE is adding a routine use
(17)for the FCR pertaining to the disclosure of information to appropriate persons and entities for purposes of response and remedial efforts in the event of a breach of data maintained in the FCR. This routine use will facilitate an effective response to a confirmed or suspected breach by allowing for disclosure to those individuals affected by the breach, as well as to others who are in a position to assist in response efforts. Fourth, OCSE is adding a routine use
(18)for disclosures to authorized agency contractors for the purpose of accomplishing an agency function. Fifth, OCSE is adding a category of records that will be maintained within the FCR, records from locate requests, which are disseminated through the FCR. Note: OCSE assists State child support agencies and other authorized persons in locating individuals who are involved in child support cases and to locate employment and asset information maintained in OCSE's National Directory of New Hires
(NDNH)database, and within other Federal agencies' records. Records from locate requests are included in this Notice as a category of records within the system of records because they are disseminated through the FCR. However, because the records are collected and maintained within the NDNH prior to disclosure through the FCR, the routine uses under which they are disclosed are published in the system of record notice for the Location and Collection System. Sixth, OCSE is adding a category of records that will be maintained within the FCR, records from locate requests, which are retained within the FCR as a result of a computer system enhancement to electronically filter and suppress redundant information that would have been transmitted to State child support agencies or other authorized persons. This new filtering, suppressing process will also reduce State child support agencies' staff and computer processing unit costs. Seventh, OCSE is adding a category of records maintained in the FCR, transaction audit logs. The amendment also revises and expands upon the language of the previous system of records Notice and adds other clarifying information and technical amendments. Dated: March 21, 2008. Margot Bean, Commissioner, Office of Child Support Enforcement. 09-80-0202 SYSTEM NAME: Federal Case Registry of Child Support Orders (FCR). SECURITY CLASSIFICATION: None. SYSTEM LOCATION: National Computer Center, Social Security Administration, Baltimore, Maryland. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: The categories of individuals whose records are maintained within this system are:
(1)Individuals involved in child support cases being enforced by the State child support agencies, and
(2)individuals who are parties to child support orders established or modified after October 1, 1998. The individuals include custodial parties, non-custodial parents, putative fathers (individuals whose parentage is alleged but not established), and children. The information is obtained from the State Case Registries. CATEGORIES OF RECORDS IN THE SYSTEM: The FCR maintains, collects, and disseminates several categories of records. The FCR collects records provided by State Child Support Registries. These records are information from child support cases and support orders being enforced by the State child support agencies. The records may include the following information: name, Social Security number (SSN), State case identification number, State Federal Information Processing Standard
(FIPS)code, county code, case type (IV-D, non-IV-D), sex, date of birth, mother's maiden name, father's name, participant type (custodial party, non-custodial parent, putative father, child), family violence indicator (domestic violence or child abuse), order indicator, locate request type, and requested locate source. These records are maintained within the FCR and are regularly compared (matched) to the National Directory of New Hires
(NDNH)and other Federal agencies' databases to locate information for the State child support agencies or other authorized persons. State child support agencies and other authorized persons can directly request locate information (locate requests) from Federal Parent Locator Service (FPLS), which includes the FCR system of records, and the “Location and Collection System” (LCS), 09-90-0074. The Notice for the LCS lists the authority and routine uses of disclosures from the LCS. The FPLS must also seek the requested locate information from other Federal agencies. When State child support agencies, or other authorized persons, make locate requests to the FPLS, the request is transmitted to the FPLS via the FCR. Upon receipt of such requests, or as a result of the regular comparisons of the FCR with the NDNH and other agencies' databases, the records located pertaining to the requests are disseminated to the requestor via the FCR. The records disseminated, depending upon the requestor's specific authority, may include information retrieved from the FCR, from the NDNH, or from other Federal agencies. Records from the NDNH and other agencies disseminated through the FCR may include categories of information such as name, SSN, address, phone number, employer, employment status and wages, retirement status and pay, assets, military status and pay, Federal benefits status and amount, representative payees, unemployment status and amount, children's health insurance, incarceration status, financial institution accounts, assets, and date of death. The FCR also contains information related to those categories of records; for example, the date of receipt of Federal benefits. The FCR maintains records
(logs)of transactions involving the receipt of locate requests and the dissemination of requested information and copies of the disseminated locate information for the purpose of electronically filtering and suppressing the transmission of redundant locate information. AUTHORITY OF MAINTENANCE OF THE SYSTEM: The Social Security Act (the Act), Section 453(a)(1) requires HHS to establish and conduct a FPLS pursuant to 42 U.S.C. 653(a)(1). Section 452(a)(9) of the Act placed the operation of the FPLS under the direction of the Office of Child Support Enforcement
(OCSE)pursuant to 42 U.S.C. 652(a)(9). Section 456(h) requires OCSE to maintain within the FPLS an automated registry, the “Federal Case Registry of Child Support Orders” (FCR), containing abstracts of support cases and orders as furnished and regularly updated by State child support agencies pursuant to 42 U.S.C § 653(h). PURPOSES: The primary purpose of the FCR is to assist States in establishing parentage or establishing, setting the amount of, modifying, or enforcing child support obligations. OCSE is required to compare records transmitted to or maintained within the FCR to records maintained within the NDNH and other Federal agencies' databases and discloses information about the individuals within the records to State child support agencies or other authorized persons. The information assists State child support agencies or other authorized persons by locating individuals and their employment and asset information who are involved in child support cases. The FCR also conducts FCR to FCR comparisons to locate information about individuals who are involved in child support cases in more than one State and provides the information to those States. Other purposes of the FCR are: to provide locate information (state of residence) pertaining to individuals sought pursuant to the Convention on the Civil Aspects of International Child Abduction to authorized persons in a Central Authority; to assist the Attorney General of the United States in locating any parent or child for the purpose of enforcing State or Federal law with respect to the unlawful taking or restraint of a child, or making or enforcing a child custody or visitation determination; and to assist the Secretary of the Treasury in administering the sections of the Internal Revenue Code of 1986 which grant tax benefits based on support or residence of children. FCR records, without personal identifiers, are also available for research purposes likely to contribute to achieving the purposes of the Temporary Assistance for Needy Families
(TANF)or the Federal/State child support program. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: The routine uses for the FCR are compatible with the stated purpose of the system. Records maintained within the FCR may be disclosed to the following categories of users for the purposes listed. If any record contains a “family violence indicator” associated to the record by State child support agencies if there is reasonable evidence of domestic violence or child abuse, and that disclosure could be harmful to the party or the child, the record will not be disclosed from the FCR. However, disclosure of any information defined as “return or return information” under 26 U.S.C. 6103 of the Internal Revenue Code will not be disclosed unless authorized by a statute, the Internal Revenue Service (IRS), or IRS regulations. ROUTINE USES INCLUDING FURNISHING INFORMATION TO THE FOLLOWING CATEGORIES OR USERS:
(1)Agents and attorneys of a State which has in effect an approved plan under Title IV-D of the Act who have duty or authority to collect child and spousal support for the purpose of establishing parentage or establishing, setting the amount of, modifying, or enforcing child support obligations pursuant to 42 U.S.C. 653(c)(1);
(2)the court which has authority to issue an order against a non-custodial parent for the support and maintenance of a child, or to issue an order against a resident parent for child custody or visitation rights, or any agent of such court for the purpose of establishing parentage or establishing, setting the amount of, modifying, or enforcing child support obligations pursuant to 42 U.S.C 653(c)(2);
(3)the resident parent, legal guardian, attorney, or agent of a child (other than a child receiving TANF assistance) for the purpose of establishing parentage or establishing, setting the amount of, modifying, or enforcing child support obligations. 42 U.S.C. 653(c)(3);
(4)a State agency that is administering a program operated under a State plan under subpart 1 of part B of the Act (Child Welfare Services) or a State plan approved under subpart 2 of part B (Promoting Safe and Stable Families) or under part E (Foster Care and Adoption Assistance), for the purpose of locating or facilitating the discovery of an individual who is or may be a child's parent pursuant to 42 U.S.C. 653(c)(4). Only information as to the name, SSN, address or location, and employment wages, benefits or income of the parent shall be provided under this section. Requests must be made through the State child support agency;
(5)the Social Security Administration for verification of name, SSN, and birth dates pursuant to 42 U.S.C. 653(j)(1);
(6)State agencies for the purpose of locating individuals in a paternity establishment case or a case involving the establishment, modification, or enforcement of a support order pursuant to 42 U.S.C. 653(j)(2)(B);
(7)State agencies for the purpose of assisting States to carry out their responsibilities under programs operated under Titles IV-D (child support programs) and IV-A
(TANF)of the Act pursuant to 42 U.S.C 653(j)(3)(B);
(8)agents or attorneys of States having an agreement under this section who have the duty or authority to enforce child custody or visitation determinations. Requests may be made for the purpose of determining the whereabouts of any parent or child when such information is to be used to locate such parent or child for the purpose of making or enforcing a child custody or visitation determination. Only information as to the most recent address and place of employment of any parent or child shall be provided under this section pursuant to 42 U.S.C. 663(d)(2)(A);
(9)courts or their agents having jurisdiction to make or enforce a child custody or visitation determination. Requests may be made for the purpose of determining the whereabouts of any parent or child when such information is to be used to locate such parent or child for the purpose of making or enforcing a child custody or visitation determination. Only information as to the most recent address and place of employment of any parent or child shall be provided under this section pursuant to 42 U.S.C. 663(d)(2)(B);
(10)agents or attorneys of the United States having an agreement under this section with the U.S. Attorney, or of a State, who have the authority or duty to investigate, enforce, or prosecute the unlawful taking or restraint of a child. The request may be made for the purpose of determining the whereabouts of any parent or child when such information is to be used to locate such parent or child for the purpose of enforcing any State or Federal law with respect to the unlawful taking or restraint of a child. Only information as to the most recent address and place of employment of any parent or child shall be provided under this section pursuant to 42 U.S.C. 663(d)(2)(C) and 42 U.S.C. 663(f);
(11)the U.S. Central Authority (U.S. Department of State) designated in accordance with the International Child Abduction Act, for the purpose of locating any parent or child on behalf of an applicant to that Central Authority. Only information as to the state of residence shall be provided under this section pursuant to 42 U.S.C. 663(e);
(12)the Secretary of Treasury for the purpose of administering sections of the Internal Revenue Code which grant tax benefits based on support or residence of children pursuant to 42 U.S.C. 653(h)(3);
(13)researchers for approved research purposes found by the Secretary to be likely to contribute to achieving the purposes of part A or part B of title IV of the Act, but without personal identifiers pursuant to 42 U.S.C. 653(j)(5);
(14)any of the departments, agencies, or instrumentalities of the United States or of any State for the purpose of locating the individual, information on the individual's location, wages (or other income) from, and benefits of, employment (including rights to or enrollment in group health care coverage) and information on the type, status, location, and amount of any assets of, or debts owed by or to, any such individual pursuant to 42 U.S.C. 653(e);
(15)a foreign reciprocating country in cases involving residents of the United States and residents of foreign countries that are the subject of a declaration under section 459A of the Social Security Act. Information disclosed is the State of residence of individuals sought for support enforcement purposes pursuant to 42 U.S.C.659A(c)(2);
(16)OCSE and HHS Office of Inspector General, Office of Investigations, to identify, investigate, and, where warranted, to a U.S. Attorney for Federal nonsupport prosecution under 18 U.S.C. 228;
(17)in the event of a breach of FCR data, an authorized individual or entity for response and remedial efforts related to such breach; and
(18)an entity under contract to operate the records in the FCR for the purpose of accomplishing an agency function. DISCLOSURES TO CONSUMER REPORTING AGENCIES: None. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records in the FCR are stored electronically at the Social Security Administration's National Computer Center. Historical logs and system backups are stored offsite at an alternate location. RETRIEVABILITY: System records can be retrieved by an identification number assigned to a child support case by the State child support agency or an SSN of the individuals whose records are maintained in the FCR. SAFEGUARDS: OCSE has established appropriate administrative, technical and physical safeguards to ensure the security and confidentiality of records maintained in the FCR. These safeguards include, but are not limited to, the following:
(1)Administrative Safeguards. On an annual basis, a risk assessment and a security assessment are conducted. Personnel are required to undergo background checks and must participate annually in security awareness training.
(2)Technical Safeguards. Identification and authentication controls for access to the system and for access to the datasets are used, with audit logging for accountability. Records are encrypted prior to transmission. Firewalls and intrusion detection equipment are in place.
(3)Physical Safeguards: Policies and procedures limit physical access to the system and the facility in which it is housed, while ensuring that authorized access is allowed. Guards, electronic monitoring, access keys, personal badges and physical barriers all contribute to the physical safeguarding of the system and the records maintained therein. Records maintained in the FCR are secured in full compliance with Federal requirements, including the Federal Information Security Management Act and the HHS Security Program Policy, and in accordance with requirements governing a FIPS 199 categorized system. The FCR is fully certified and accredited in accordance with HHS requirements and guidance issued by the National Institute of Standards and Technology. RETENTION AND DISPOSAL:
(1)Records provided from State child support agencies.
(a)Electronic records furnished by the State child support agency containing child support case and order information (input files) are retained for 60 days and then deleted.
(b)State agency records (as posted to the FCR) remain within the FCR until removed, upon notification by the State agency that the case is closed and notifies OCSE to remove it from the FCR, provided that, upon request, a sample may be retained for research purposes found by OCSE to be likely to contribute to achieving the purposes of child support programs or the TANF program, but without personal identifiers.
(c)Records pertaining to closed cases are archived on the fiscal year basis and retained for two years. Family violence indicators are removed from the individual's record, upon request by the State that initiated the indicator.
(2)Locate requests and match results.
(a)Locate requests submitted by State child support agencies and other authorized persons are retained for 60 days and are then deleted.
(b)Audit trail records of locate requests and disclosures of match results pursuant to those requests, which include indications of which Federal agencies were contacted for locate information, whether information was located, and the type(s) of information returned to the requesting entity. These records are archived once a year based on the fiscal year. The records are retained for two completed fiscal years and then destroyed. These records indicate the type of information located for the authorized user, not the information itself.
(c)Copies of records containing information from the NDNH or other agencies obtained pursuant to locate requests are provided to authorized persons through the FCR. They are maintained within the FCR for one year for the purpose of electronically filtering and suppressing redundant information from being transmitted. After one year, the records are deleted.
(3)Match results generated as a result of FCR to FCR comparisons which locate individuals who are participants in child support cases or orders in more than one state are transmitted to the relevant States. Copies of FCR to FCR match results are retained for 60 days and then deleted.
(4)Any record relating or potentially relating to a fraud or abuse investigation or a pending or ongoing legal action including a class action, is retained until conclusion of the investigation or legal action.
(5)Copies of the FCR records transmitted annually to the IRS for the purpose of administering the earned income tax credit (routine use 12) are retained for one year and then deleted. SYSTEM MANAGER(S) AND ADDRESS: Director, Division of Federal Systems, Office of Automation and Program Operations, Office of Child Support Enforcement, Administration for Children and Families, 370 L'Enfant Promenade, SW., 4th Floor East, Washington, DC 20447. NOTIFICATION PROCEDURES: To determine if a record exists, write to the Systems Manager at the address listed above. The Privacy Act requires that, except under certain conditions specified in the law, only the subject of the records may have access to them. All requests must be submitted in the following manner: Identify the system of records to be searched, have the request notarized to verify requestor's identity, and requestor should indicate awareness that the knowing and willful request for or acquisition of a Privacy Act record under false pretenses is a criminal offense subject to a $10,000 fine. The requestor's letter must also provide sufficient particulars to enable OCSE to distinguish between records on subject individuals with the same name. RECORD ACCESS PROCEDURES: Write to the Systems Manager specified above to attain access to records. Requestors should provide a detailed description of the record content they are seeking. CONTESTING RECORD PROCEDURES: Contact the official at the address specified under the Systems Manager above, and identify the record and specify the information to be contested and corrective action sought with supporting justification to show how the record is inaccurate, incomplete, untimely, or irrelevant. RECORD SOURCE CATEGORIES: Records maintained within the FCR are furnished by State child support agencies. Records disseminated from the FCR for the purpose of providing locate information from the NDNH and other Federal agencies are furnished by departments, agencies, or instrumentalities of the United States or any State, employers, financial institutions, and insurers or their agents. Records maintained for the purpose of filtering redundant data are also furnished by these sources. EXEMPTIONS CLAIMED FROM THE SYSTEM: None. [FR Doc. E8-7944 Filed 4-14-08; 8:45 am] BILLING CODE 4184-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2008-N-0225] Antimicrobial Resistance; Public Hearing; Request for Comments AGENCY: Food and Drug Administration, HHS. ACTION: Notice of public hearing; request for comments. SUMMARY: The Food and Drug Administration
(FDA)is announcing a public hearing on antimicrobial resistance. FDA is seeking general information about the problem of antimicrobial resistance, recommendations as to possible approaches to contain the problem of antimicrobial resistance, responses to specific questions (see section III of this document), and other pertinent information from interested parties. In addition, interested parties may provide views on which serious and life-threatening infectious diseases, such as diseases due to gram-negative bacteria and other diseases due to antimicrobial-resistant bacteria, potentially qualify for available grants and contracts or other development incentives. DATES: The public hearing will be held April 28, 2008, from 8 a.m. to 5 p.m. Submit written or electronic notices of participation by close of business on April 21, 2008. Written or electronic comments will be accepted until May 26, 2008. ADDRESSES: The public hearing will be held at the University System of Maryland Shady Grove Center, 9630 Gudelsky Dr., Rockville, MD 20850. See Registration to Attend and/or Participate in the Public Hearing for instructions on how to submit electronic notices of participation. Submit written comments to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to *http://www.regulations.gov* . All comments should be identified with the docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Nancy Stanisic, Office of Critical Path Programs (HF-18), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-1660, FAX 301-443-9718, *nancy.stanisic@fda.hhs.gov* . Registration to Attend and/or Participate in the Public Hearing : To ensure there is sufficient room we ask that you pre-register. If you wish to make an oral presentation during the open public comment period of the hearing, state your intention to present on your registration submission. To register, please send an electronic mail message to *nancy.stansic@fda.hhs.gov* by April 21, 2008. Your e-mail should include the following information: • Your name, • Title, • Business affiliation, • Address, • Telephone and fax numbers, and e-mail address. Please submit a written statement at the time of registration, identifying by number each discussion question you wish to address and the approximate time requested to make your presentation. Organizations should provide this information as well as the names and addresses of all participants. Registered individuals will be notified of the scheduled time for their presentation prior to the hearing. Depending on the number of presentations, FDA may need to limit the time allotted for presentations. However, the administrative record of the hearing will remain open after the hearing, and written comments may be submitted to the docket as described in section V of this document. Presentations will be limited to the subject matter identified in section III of this document. FDA will accept walk-in registration at the site, but space is limited. FDA will try to accommodate all persons who wish to make a public comment at the hearing, including those who register at the site. Registration is on a first-come, first-served basis. Additionally, please notify FDA (see FOR FURTHER INFORMATION CONTACT ) if you need any special accommodations (such as wheelchair access) at the time of registration. SUPPLEMENTARY INFORMATION: I. Background Antimicrobial drug resistance is a major public health concern and a threat to the effectiveness of existing antimicrobial drugs. Antimicrobial resistant pathogens continue to emerge that are very difficult to treat and that may cause serious or life-threatening diseases. Emerging antimicrobial resistance among many bacteria (e.g., *Pseudomonas* species, *Acinetobacter* species, *Enterococcus* species, *Staphylococcus aureus* , *Streptococcus pneumoniae* , and *Mycobacterium tuberculosis* ) and changes in virulence (e.g., *Clostridium difficile* , group A *Streptococci* , *Escherichia coli* O157:H7, and *Staphylococcus aureus* ) are major public health concerns. Timely development of new therapeutic agents is essential and use of existing therapies to treat infections caused by these organisms should be optimized to preserve their utility in treating infections and reduce the rate at which resistance develops. FDA has been working closely with other Government agencies and organizations to address the issue of antimicrobial resistance. An interagency Task Force began looking at antimicrobial resistance in 1999, and developed and published the *Public Health Action Plan to Combat Antimicrobial Resistance (Action Plan)* (available at *http://www.cdc.gov/drugresistance/actionplan/html/index.htm* ). 1 FDA also published a final rule in February 2003 that requires incorporation of information on antimicrobial resistance and prudent use in the labeling of systemic antibacterial drug products for human use (68 FR 6062, February 6, 2003). FDA has held or participated in a number of meetings on antimicrobial resistance, including an Anti-Infective Drugs Products Advisory Committee in March 2003, an Infectious Diseases Society of America/International Society of Anti-Infective Pharmacology/FDA Workshop on Antimicrobial Drug Development in April 2004, and an FDA Science Board Advisory Committee meeting on the Center for Veterinary Medicine's National Antimicrobial Resistance Monitoring System in April 2007. 1 (FDA has verified the Web site address, but FDA is not responsible for any subsequent changes to the Web site after this document publishes in the **Federal Register** .) In September 2007, Congress passed the Food and Drug Administration Amendments Act (FDAAA), which was signed into law by the President on September 27, 2007 (Public Law 110-85). Section 1112 (Orphan Antibiotic Drugs) of FDAAA requires the Commissioner of Food and Drugs (the Commissioner) to convene a public hearing to discuss which serious and life-threatening infectious diseases, such as diseases caused by gram-negative bacteria and other diseases due to antibiotic-resistant bacteria, potentially qualify for available grants and contracts under section 5(a) of the Orphan Drug Act (21 U.S.C. 360ee(a)) or other incentives. For this reason, FDA is holding this public hearing. Under the Orphan Drug Act (Public Law 97-414), a drug is an orphan drug if it is intended for use in a rare disease or condition. Sponsors of orphan drugs are eligible for certain research and development incentives. During the period that an orphan drug is in development, the sponsor may be awarded grant funding to defray the cost of qualified clinical testing incurred in connection with the development of the drug for a rare disease or condition. A drug that has been designated as an orphan drug by FDA may receive 7 years of marketing exclusivity for the drug for the designated orphan use upon approval. To receive designation as an orphan drug (as defined in section 526 of the Federal Food, Drug, and Cosmetic Act) (21 U.S.C. 360bb)), a sponsor must meet the requirements in 21 CFR 316.20 and 316.21. These requirements include, but are not limited to, documentation of the following: • The disease or condition for which the drug is intended affects fewer than 200,000 people in the United States (e.g., tuberculosis, malaria, trypanosomiasis). • If the drug is a vaccine, diagnostic drug, or preventative drug, the persons to whom the drug will be administered in the United States are fewer than 200,000 per year. • For a drug intended for diseases or conditions affecting 200,000 or more people, or for a vaccine, diagnostic drug, or preventative drug to be administered to 200,000 or more persons per year in the United States, there is no reasonable expectation that costs of research and development of the drug for the indication can be recovered by sales of the drug in the United States. Antimicrobial drugs that have qualified for orphan drug designation in the past include some indicated for the treatment of tuberculosis, malaria, and trypanosomiasis. II. Purpose and Scope of the Hearing This hearing is intended to provide the infectious disease community, sponsors, and other interested parties an opportunity to discuss their experience with and concerns about the emerging threat of antimicrobial resistance, possible strategies fostering prudent use to prevent the development of antimicrobial resistance, and the potential for the provisions of the Orphan Drug Act or other incentives to facilitate antimicrobial drug development, including what, if any, conditions might be required to accompany such incentives. III. Issues for Discussion FDA invites comments from interested parties on the following questions: 1. Please discuss strategies that should be considered to limit the development of antimicrobial resistance, and studies that could be done to assess the utility, safety and effectiveness of those strategies. Possible examples include limiting the approved conditions of use, limiting the duration of therapy, restricting distribution to encourage appropriate use, using shorter courses of therapy with higher doses of antimicrobials, and using directly observed therapy. 2. Please discuss the possible utility and effectiveness of economic incentives in promoting drug development for antimicrobial resistant organisms. a. What is the potential role of the Orphan Drug Act in providing incentives to facilitate antimicrobial drug development? Please describe the serious and life-threatening infectious diseases for which the Orphan Drug Act provides viable research and development incentives. Please comment on the potential complexities associated with identifying appropriate orphan populations in the infectious disease context. b. Are there specific incentives (other than those provided by the Orphan Drug Act) that could facilitate the development of new antimicrobial therapies for serious and life-threatening diseases? Describe those serious and life-threatening infectious diseases, such as diseases due to gram-negative bacteria and other diseases due to antimicrobial-resistant bacteria, which could be considered under an alternative incentive program. IV. Notice of Hearing Under 21 CFR Part 15 The Commissioner is announcing that the public hearing will be held in accordance with part 15 (21 CFR part 15). The hearing will be conducted by a presiding officer, accompanied by FDA senior management from the Office of the Commissioner, the Center for Drug Evaluation and Research, the Center for Biologics Evaluation and Research, and FDA's Office of Orphan Drugs. Under § 15.30(f), the hearing is informal, and the rules of evidence do not apply. No participant may interrupt the presentation of another participant. Only the presiding officer and panel members may question any person during or at the conclusion of each presentation. Public hearings under part 15 are subject to FDA's policy and procedures for electronic media coverage of FDA's public administrative proceedings (part 10 (21 CFR part 10), subpart C)). Under § 10.205, representatives of the electronic media may be permitted, subject to certain limitations, to videotape, film, or otherwise record FDA's public administrative proceedings, including presentations by participants. The hearing will be transcribed as stipulated in § 15.30(b). To the extent that the conditions for the hearing, as described in this notice, conflict with any provisions set out in part 15, this notice acts as a waiver of those provisions as specified in 21 CFR 15.30(h). V. Request for Comments Regardless of attendance at the public hearing, interested persons may submit written or electronic comments to the Division of Dockets Management (see ADDRESSES ). Submit a single copy of electronic comments or two paper copies of any mailed comments, except that individuals may submit one paper copy. Comments should be identified with the docket number found in brackets in the heading of this document. To ensure consideration, submit comments by (see DATES ). Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Please note that on January 15, 2008, the FDA Division of Dockets Management Web site transitioned to the Federal Dockets Management System (FDMS). FDMS is a Government-wide, electronic docket management system. Electronic comments or submissions will be accepted by FDA through FDMS only. VI. Transcripts Please be advised that as soon as a transcript is available, it will be accessible at *http://www.fda.gov/ohrms/dockets/ac/acmenu.htm* . It may be viewed at the Division of Dockets Management (see ADDRESSES ). A transcript will also be available in either hardcopy or on CD-ROM, after submission of a Freedom of Information request. Written requests are to be sent to Division of Freedom of Information (HFI-35), Office of Management Programs, Food and Drug Administration, 5600 Fishers Lane, rm. 6-30, Rockville, MD 20857. Dated: April 9, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. 08-1129 Filed 4-10-08; 12:23 pm]
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  • 33 CFR 165
  • 5 USC 601-612
  • Pub. L. 104-121
  • 44 USC 3501-3520
  • 2 USC 1531-1538
  • 42 USC 4321-4370f
  • Pub. L. 107-295
  • 33 CFR 3.25
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  • 33 USC 1221
  • Pub. L. 101-380
  • 40 CFR 52
  • 40 CFR 63
  • Pub. L. 104-4
  • 50 CFR 17
  • 435 U.S. 519
  • 803 F.2d 1016
  • 490 F. Supp. 1334
  • 40 CFR 1503.3
  • Pub. L. 104-13
  • 19 USC 81a-81u
  • 15 CFR 400
  • 366 F. Supp. 2d 1246
  • 132 F. Supp. 2d 1
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  • 492 U.S. 919
  • 37 CFR 2
  • Pub. L. 104-164
  • 41 CFR 102
  • 10 USC 5013
  • 10 USC 5041
  • 32 CFR 701
  • Pub. L. 92-463
  • 18 CFR 45
  • 18 CFR 352
  • Pub. L. 95-91
  • 73 FR 1014
  • 18 CFR 380
  • 18 CFR 5
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