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Code · REGISTER · 2008-04-25 · National Credit Union Administration · Proposed Rules

Proposed Rules. Proposed rule

204,560 words·~930 min read·/register/2008/04/25/08-1174

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

BILLING CODE 3510-22-S 73 81 Friday, April 25, 2008 Proposed Rules NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Part 792 RIN 3133-AD44 Revisions for the Freedom of Information Act and Privacy Act Regulations AGENCY: National Credit Union Administration. ACTION: Proposed rule. SUMMARY: The NCUA Board is proposing changes to its Freedom of Information Act
(FOIA)and the Privacy Act regulations. The changes to FOIA provisions largely relate to recent amendments to the Freedom of Information Act addressing several procedural issues concerning fee practices, time limits for complying with requests, and new reporting requirements. The changes to Privacy Act provisions reflect the agency's efforts to clarify the procedures whereby individuals may obtain notification of whether an NCUA system of records contains information about the individual and access or amend a record. DATES: Comments must be received on or before June 24, 2008. ADDRESSES: You may submit comments by any of the following methods (please send comments by one method only): • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *NCUA Web Site: http://www.ncua.gov/RegulationsOpinionsLaws/proposed_regs/proposed_regs.html.* Follow the instructions for submitting comments. • *E-mail:* Address to *regcomments@ncua.gov.* Include “[Your name] Comments on Proposed Rule (FOIA/Privacy Act)” in the e-mail subject line. • *Fax:*
(703)518-6319. Use the subject line described above for e-mail. • *Mail:* Address to Mary Rupp, Secretary of the Board, National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314-3428. • *Hand Delivery/Courier:* Same as mail address. FOR FURTHER INFORMATION CONTACT: Linda K. Dent, Staff Attorney, Office of General Counsel, at the above address or telephone
(703)518-6540. SUPPLEMENTARY INFORMATION: NCUA's policy is to review regulations periodically to “update, clarify and simplify existing regulations and eliminate redundant and unnecessary provisions.” Interpretive Ruling and Policy Statement
(IRPS)87-2, Developing and Reviewing Government Regulations. NCUA notifies the public about the review, which is conducted on a rolling basis so that a third of its regulations are reviewed each year. The changes in this proposed rule are the result of NCUA review under IRPS 87-2. A. Background Freedom of Information The Openness Promotes Effectiveness in our National Government Act of 2007, (OPEN Government Act) was signed into law by the President on December 31, 2007. The OPEN Government Act of 2007 consists of several amendments to the Freedom of Information Act
(FOIA)affecting FOIA administration. While many of the provisions are not effective until December 31, 2008, NCUA is using the opportunity of its periodic regulatory review to update its FOIA regulations to comply with the requirements of the Act. NCUA's FOIA provisions address: Types of agency records; their availability or exemption from release; procedures for requesting access to records; processing times; fees; appeals; and handling of FOIA requests involving confidential commercial information. NCUA publishes its FOIA rules at part 792, subpart A of the agency's regulations. Privacy The Privacy Act of 1974 places requirements on federal agencies regarding the collection, maintenance, distribution, and security of an individual's personal information that is contained in an agency's systems of records. Pursuant to the Privacy Act, NCUA publishes a Notice of Systems of Records that informs the public of each system of records the agency maintains, describes the nature and routine use of records in the system, identifies the system manager responsible for the system including contact information, and provides procedures whereby individuals may determine whether a system contains a record pertaining to them, gain access to records pertaining to them, or seek to amend or correct information in a record about them. The Notice of Systems of Records is published in the **Federal Register** and also is available on NCUA's Web site at *http://www.ncua.gov.* The Privacy Act also requires each federal agency to publish rules describing its Privacy Act procedures and any system of records it exempts from provisions of the Act, including the reasons for the exemption. NCUA publishes its rules at part 792, subpart E; the rules provide individuals with detailed information regarding the exercise of their rights under the Privacy Act, identifies and describes the NCUA systems of records that are exempt from provisions of the Privacy Act, and provides standards for NCUA employees regarding collecting, using, maintaining, or disseminating records. B. Proposed Changes Freedom of Information The Board proposes several housekeeping changes to correct address information, cross-references, grammar and punctuation. More substantively, the Board proposes several changes designed to facilitate submissions of proper FOIA requests including where requests may be sent, how requests must be addressed, and what information must be included in a request. The Board also proposes to clarify the conditions and time periods for processing requests and to describe the circumstances that may halt or extend processing times. Under the FOIA, federal agencies have a prescribed period of time to process requests for information. The Open Government Act clarifies the processing period begins on the date the request is first received by the appropriate information center, but in any event, no later than ten days after first received by any agency designated FOIA information center. The Open Government Act also clarifies the circumstances for tolling the processing time versus extending the processing time in unusual circumstances. The proposed changes incorporate this information into the regulation by clearly identifying NCUA's Information Centers and their addresses, and describing required content for the request letter. The changes are intended to minimize delays caused by requests being sent to an inappropriate office or lacking necessary and sufficient information. The proposed rule clarifies that for the purpose of computing the time from which the agency must respond to the request, a FOIA request will not be considered received until these requirements are met. In § 792.11, paragraph (a)(6), the Board proposes to clarify two circumstances where records, typically exempt from disclosure, may be released. Generally, an individual's records are exempt from disclosure to other persons if the release would constitute an invasion of personal privacy. However, where the requester provides the subject person's written consent to the release of his or her records or proof of the subject person's death, disclosure is permissible. Privacy The Board proposes several housekeeping changes to the regulation to correct cross-references, grammar and punctuation. The Board also proposes a change in nomenclature and additional definitions to improve understanding of rights and requirements under the regulation. For example, the term “system manager” would replace “NCUA official” to more specifically identify the person responsible for a system of records and to use nomenclature consistent with that used in the Notice of Systems of Records published in the **Federal Register** . Definitions would be added for “Notice of Systems of Records,” “system manager” and “working day.” The Board proposes to revise language in various sections of the regulation to clarify that requests must be submitted in writing to the appropriate system manager generally, or to other staff as specified, and identifying the nature of the request on both the envelope and letter. The Board proposes to remove language which permitted individuals to submit requests via telephone because of the difficulties telephone requests present in meeting the regulation's identification requirements. These changes are intended to facilitate recordkeeping and the timely processing of Privacy Act requests. Revisions are proposed also for sections concerning medical records and the basis for exemptions of certain of NCUA's systems of records from provisions of the Privacy Act. Request for Comment The NCUA Board is interested in receiving comments on the proposed amendments to subparts A and E of part 792. Regulatory Procedures Paperwork Reduction Act In accordance with the requirements of the Paperwork Reduction Act
(PRA)of 1995 (44 U.S.C. 3506; 5 CFR part 1320 Appendix A.1), the Board has reviewed the proposed rule and determined it does not contain a collection of information subject to the PRA. Regulatory Flexibility Act The Regulatory Flexibility Act requires NCUA to prepare an analysis to describe any significant economic impact a proposed rule may have on a substantial number of small credit unions (those under $10 million in assets). This proposed rule does not impose any requirements on federally-insured credit unions. Therefore, it will not have a significant economic impact on a substantial number of small credit unions and a regulatory flexibility analysis is not required. Executive Order 13132 Executive Order 13132 encourages independent regulatory agencies to consider the impact of their actions on state and local interests. In adherence to fundamental federalism principles, NCUA, an independent regulatory agency as defined in 44 U.S.C. 3502(5), voluntarily complies with the executive order. The proposed rule would not have substantial direct effects on the states, on the connection between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. NCUA has determined that this proposed rule does not constitute a policy that has federalism implications for purposes of the executive order. The Treasury and General Government Appropriations Act, 1999—Assessment of Federal Regulations and Policies on Families NCUA has determined that this proposed rule would not affect family well-being within the meaning of section 654 of the Treasury and General Government Appropriations Act, 1999, Public Law 105-277, 112 Stat. 2681 (1998). List of Subjects in 12 CFR Part 792 Administrative practice and procedure, Credit unions, Freedom of Information, Information, Privacy, Records, System of records. By the National Credit Union Administration Board on April 17, 2008. Mary Rupp, Secretary of the Board. For the reasons stated in the preamble, the National Credit Union Administration proposes to amend 12 CFR part 792 as set forth below: PART 792—REQUESTS FOR INFORMATION UNDER THE FREEDOM OF INFORMATION ACT AND PRIVACY ACT, AND BY SUBPOENA; SECURITY PROCEDURES FOR CLASSIFIED INFORMATION 1. The authority citation for part 792 continues to read as follows: Authority: 5 U.S.C. 301, 552, 552a, 552b; 12 U.S.C. 1752a(d), 1766, 1789, 1795f; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p.235; E.O. 12958, 60 FR 19825, 3 CFR, 1995 Comp., p.333. 2. In § 792.3, revise the fourth sentence of the introductory text and the last sentence of paragraph
(c)to read as follows: § 792.3 How will I know which records to request? * * * You may obtain copies of indices by making a request to the NCUA, Office of General Counsel, 1775 Duke Street, Alexandria, VA 22314-2387, Attn: FOIA Officer or as indicated on the NCUA Web site at *http://www.ncua.gov.* * * *
(c)* * * The Popular FOIA Index is available on the NCUA web site. 3. In § 792.4, revise paragraph
(a)to read as follows: § 792.4 How can I obtain these records?
(a)You may obtain copies of the records referenced in § 792.2 by obtaining the index referred to in § 792.3 and following the ordering instructions it contains, or by making a written request to NCUA, Office of General Counsel, 1775 Duke Street, Alexandria, Virginia 22314-3428, Attn: FOIA Officer or as indicated on the NCUA Web site. 4. In § 792.7, revise the first sentence of paragraph
(a)and paragraph
(b)to read as follows: § 792.7 Where do I send my request?
(a)You must send your written request to one of NCUA's Information Centers. * * *
(b)If you are seeking any NCUA record, other than those maintained by the Office of Inspector General, you should send your request to NCUA, Office of the General Counsel, 1775 Duke Street, Alexandria, Virginia 22314-3428, Attn: FOIA Officer or as indicated on the NCUA Web site at *http://www.ncua.gov.* 5. In § 792.8, revise the introductory text and revise paragraph
(a)to read as follows: § 792.8 What must I include in my request? Until an Information Center receives your FOIA request, it is not obligated to search for responsive records, meet time deadlines, or release any records. A request will not be considered received if it does not include all of the items in paragraphs
(a)through
(c)of this section.
(a)Your request must be in writing and include the words “FOIA REQUEST” on both the envelope and request letter. The request letter must also include your name, address and a telephone number where you can be reached during normal business hours. If you would like us to respond to your FOIA request by electronic mail (e-mail), you should include your e-mail address. 6. In § 792.10, revise the second sentence of paragraph (a), the last sentence of paragraph
(b)and the second sentence of paragraph
(e)to read as follows: § 792.10 What will NCUA do with my request?
(a)* * * The date of receipt for any request, including one that is addressed incorrectly or is forwarded to NCUA by another agency, is the earlier of the date the appropriate Information Center actually receives the request or 10 working days after either of NCUA's Information Centers receives the request.
(b)* * * All other requests will be handled under normal processing procedures in the order they were received.
(e)* * * If we notify you of a denial of your request, we will include the reason for the denial. 7. In § 792.11, revise paragraph (a)(6) by removing the first sentence and adding three sentences in its place to read as follows: § 792.11 What kind of records are exempt from public disclosure?
(a)* * *
(6)Personnel, medical, and similar files (including financial files) pertaining to another person, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy without the subject person's written consent or proof of death. Written consent consists of a written statement by the subject person, authorizing the release of the information to you, and including either the subject person's notarized signature or a declaration made under penalty of perjury that the statement is true and correct. Proof of death consists of evidence that the subject of your request is deceased—such as a death certificate, a newspaper obituary, or some comparable proof of death. * * * 8. In § 792.15, revise paragraph
(a)to read as follows: § 792.15 How long will it take to process my request? (a)(1) Where the running of such time is suspended while:
(i)The Information Center awaits additional information from the requester. A suspension of time for this purpose may occur only once during the processing period; and
(ii)The Information Center clarifies with the requester issues regarding the payment of fees pursuant to § 792.26.
(2)The Information Center's receipt of the requester's response to the request for additional information or clarification ends the tolling period; 9. Revise § 792.17 to read as follows: § 792.17 What can I do if the time limit passes and I still have not received a response? If NCUA does not comply with the time limits under § 792.15, or as extended under § 792.16, you do not have to pay search fees; requesters qualifying for free search fees will not have to pay duplication fees. You also can file suit against NCUA because you will be deemed to have exhausted your administrative remedies if NCUA fails to comply with the time limit provisions of this subpart. If NCUA can show that exceptional circumstances exist and that it is exercising due diligence in responding to your request, the court may retain jurisdiction and allow NCUA to complete its review of the records. In determining whether exceptional circumstances exist, the court may consider your refusal to modify the scope of your request or arrange an alternative time frame for processing after being given the opportunity to do so by NCUA, when it notifies you of the existence of unusual circumstances as set forth in § 792.16. 10. In § 792.18, revise the first sentence of paragraph
(b)to read as follows: § 792.18 What if my request is urgent and I cannot wait for the records?
(b)In response to a request for expedited processing, the Information Center will notify you of the determination within ten working days of receipt of the request. * * * 11. In § 792.19, revise paragraph (c)(1) to read as follows: § 792.19 How does NCUA calculate the fees for processing my request?
(c)* * *
(1)The per-page fee for paper copy reproduction of a document is $.10; 12. In § 792.27, revise paragraphs (a)(1) through (a)(4) to read as follows: § 792.27 Can fees be reduced or waived?
(a)* * *
(1)Whether the subject of the requested records concerns identifiable operations or activities of the government, with a connection that is direct and clear;
(2)Whether the disclosable portions of the requested records are meaningfully informative about government operations and activities in order to be likely to contribute to an understanding of government operations or activities. Information already in the public domain, either in a duplicate or substantially identical form where nothing new would be added to the public's understanding, would not be meaningfully informative;
(3)Whether disclosure of the requested information will contribute to public understanding, meaning a reasonably broad audience of persons interested in the subject, as opposed to the individual understanding of the requester. A requester's expertise in the subject area and ability and intention to effectively convey information to the public will be considered. Representatives of the news media are presumed to satisfy this consideration; and
(4)Whether the disclosure is likely to contribute significantly to public understanding of government operations or activities. The level of public understanding before disclosure must be enhanced by the disclosure to a significant extent. 13. In § 792.28, revise the first and third sentences of paragraph (a), and paragraph (c), to read as follows: § 792.28 What if I am not satisfied with the response I receive?
(a)Make a determination with respect to any appeal within 20 working days after the receipt of such appeal. * * * Where you do not address your appeal to the General Counsel, the time limitations stated above will be computed from the date of receipt of the appeal by the General Counsel.
(c)Address your appeal to NCUA, Office of General Counsel—FOIA APPEAL, 1775 Duke Street, Alexandria, VA 22314-3428. The words “FOIA APPEAL” should appear on the envelope and in the letter. Failure to address an appeal properly may delay commencement of the time limitation stated in paragraph
(a)of this section, to take account of the time reasonably required to forward the appeal to the Office of General Counsel. 14. Amend subpart E by removing the term “NCUA official” wherever it appears and adding in its place the term “system manager.” 15. In § 792.53, add new paragraphs (g),
(h)and
(i)to read as follows: § 792.53 Definitions.
(g)“Notice of Systems of Records” means the annual notice published by NCUA in the **Federal Register** informing the public of the existence and character of the systems of records it maintains. The Notice of Systems of Records also is available on NCUA's Web site at *http://www.ncua.gov.*
(h)“System manager” means the NCUA official responsible for the maintenance, collection, use or distribution of information contained in a system of records. The system manager for each system of records is provided in the **Federal Register** publication of NCUA's annual systems of records notice.
(i)“Working day” means Monday through Friday excluding legal public holidays. 16. Revise § 792.54 to read as follows: § 792.54 Procedures for requests pertaining to individual records in a system of records.
(a)Individuals desiring to know if a system of records contains records pertaining to them, and individuals requesting access to records in a system of records pertaining to them should submit a written request to the appropriate system manager as identified in the Notice of Systems of Records. An individual who does not have access to the **Federal Register** and who is unable to determine the appropriate system manager to whom to submit a request may submit a request to the Privacy Officer, Office of General Counsel, National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-3428, in which case the request will be referred to the appropriate system manager.
(b)Individuals requesting notification of, or access to, records should include the words “PRIVACY ACT REQUEST” on both the letter and the envelope, describe the record sought, the approximate dates covered by the record, and the systems of record in which records are thought to be included. Individuals must also meet the identification requirements in § 792.55. 17. In § 792.55, revise paragraphs (a)(1) through (a)(3) and
(c)to read as follows: § 792.55 Times, places, and requirements for identification of individuals making requests and identification of records requested.
(a)* * *
(1)Individuals appearing in person, if not personally known to the system manager responding to the request, must present a single document bearing a photograph (such as a passport or identification badge) or two items of identification which do not bear a photograph but do bear both a name and address (such as a driver's license or voter registration card);
(2)Individuals submitting requests by mail may establish identity by a signature, address, date of birth, employee identification number if any, and one other identifier such as a photocopy of driver's license or other document. If inadequate identifying information is provided, the system manager responding to the request may require further identifying information before any notification or responsive disclosure.
(3)Individuals appearing in person or submitting requests by mail, who cannot provide the required documentation or identification, may provide an unsworn declaration subscribed to as true under penalty of perjury.
(c)A record may be disclosed to a representative of an individual to whom the record pertains provided the system manager receives written authorization from the individual who is the subject of the record. 18. In § 792.57, revise paragraph
(b)to read as follows: § 792.57 Special procedures: Information furnished by other agencies; medical records.
(b)Medical records may be disclosed on request to the individuals to whom they pertain unless disclosing the medical information directly to the requesting individual could have an adverse effect on the individual. Where medical information is potentially adverse to the requesting individual, the system manager responsible may advise the requesting individual that the medical records will be transmitted only to a physician designated in writing by the individual. 19. In § 792.58, revise paragraph
(a)and the second sentence of paragraph
(b)to read as follows: § 792.58 Requests for correction or amendment to a record; administrative review of requests.
(a)An individual may request amendment of a record concerning that individual by submitting a written request, either in person or by mail, to the system manager identified in the Notice of Systems of Records. The words “PRIVACY ACT—REQUEST TO AMEND RECORD” should be written on the letter and the envelope. The request must describe the system of records containing the record sought to be amended, indicate the particular record involved, the nature of the correction sought, and the justification for the correction or amendment. An individual who does not have access to NCUA's Notice of Systems of Records, and to whom the appropriate address is otherwise unavailable, may submit a request to the Privacy Act Officer, Office of General Counsel, National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia, 22314-3428, in which case the request will then be referred to the appropriate system manager. The date of receipt of the request will be determined as of the date of receipt by the system manager.
(b)* * * The appropriate system manager will promptly (under normal circumstances, not later than 30 working days after receipt of the request) advise the individual that the record will be amended or corrected, or inform the individual of rejection of the request to amend the record, the reason for the rejection, and the procedures established by § 792.59 for the individual to request a review of that rejection. 20. In § 792.59, revise the second sentence of paragraph
(a)and the first two sentences of paragraph
(c)to read as follows: § 792.59 Appeal of initial determination.
(a)* * * Appeals must be addressed to the Office of General Counsel, National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-3428 with the words “PRIVACY ACT—APPEAL” written on the letter and the envelope.* * *
(c)If an appeal under this section is denied in whole or in part, an individual may file a statement of disagreement concisely stating the reason(s) for disagreeing with the denial for amendment or correction, and clearly identifying each part of any record that is disputed. The statement must be sent within 30 working days of the date of receipt of the notice of General Counsel's refusal to authorize amendment or correction, to the General Counsel, National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-3428.* * * 21. In § 792.60, revise paragraph
(j)read as follows: § 792.60 Disclosure of record to person other than the individual to whom it pertains.
(j)To the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the General Accountability Office; 22. In § 792.61, revise the first sentence of paragraph
(a)to read as follows: § 792.61 Accounting for disclosures.
(a)Each system manager identified in the ”Notice of Systems of Records' must establish a system of accounting for all disclosures of information or records under the Privacy Act made outside NCUA.* * * 23. In § 792.63, revise paragraphs (a), (b)(1), and (b)(4), to read as follows: § 792.63 Collection of information from individuals: information forms.
(a)The system manager for each system of records is responsible for reviewing all forms developed and used to collect information from or about individuals for incorporation into the system of records.
(b)* * *
(1)To ensure that no information concerning religion, political beliefs or activities, association memberships (other than those required for a professional license), or the exercise of other First Amendment rights is required to be disclosed unless such requirement of disclosure is expressly authorized by statute or by the individual about whom the record is maintained, or unless pertinent to and within the scope of any authorized law enforcement activity;
(4)To ensure that the form or accompanying statement clearly indicates to the individual the effects on him or her, if any, of refusing to provide some or all of the requested information; and 24. In § 792.66, revise paragraphs
(a)and (b)(2), add four new sentences to the end of paragraph (b)(3), and add four new sentences to the end of paragraph (b)(4) to read as follows: § 792.66 Exemptions.
(a)NCUA maintains several systems of records that are exempted from some provisions of the Privacy Act. The system number and name, description of records contained in the system, exempted provisions and reasons for exemption are as follows:
(b)* * *
(2)System NCUA-8, entitled, “Investigative Reports Involving Any Crime or Suspicious Activity Against a Credit Union, NCUA,” consists of investigatory or enforcement records about individuals suspected of involvement in violations of laws or regulations, whether criminal or administrative. These records are maintained in an overall context of general investigative information concerning crimes against credit unions. To the extent that individually identifiable information is maintained for purposes of protecting the security of any investigations by appropriate law enforcement authorities and promoting the successful prosecution of all actual criminal activity, the records in this system are exempted, pursuant to section k(2) of the Privacy Act (5 U.S.C. 552a(k)(2)), from sections (c)(3), (d), (e)(1), (e)(2), (e)(4)(G), (e)(4)(H), (f), and (g). The records in this system are also exempted pursuant to section (j)(2) of the Privacy Act, 5 U.S.C. 552a(j)(2), from sections (c)(3), (d), (e)(1), (e)(2), (e)(4)(G), (e)(4)(H), (f), and (g). Where possible, information that would identify a confidential source will be extracted or summarized in a manner that protects the source and the summary or extract will be provided to the requesting individual.
(3)* * * NCUA need not make an accounting of previous disclosures of a record in this system of records available to its subject, and NCUA need not grant access to any records in this system of records by their subject. Further, whenever individuals request records about themselves and maintained in this system of records, the NCUA will advise the individuals only that no records available to them pursuant to the Privacy Act of 1974 have been identified. However, if review of the record reveals that the information contained therein has been used or is being used to deny the individuals any right, privilege or benefit for which they are eligible or to which they would otherwise be entitled under federal law, the individuals will be advised of the existence of the information and will be provided the information, except to the extent disclosure would identify a confidential source. Where possible, information which would identify a confidential source will be extracted or summarized in a manner which protects the source and the summary or extract will be provided to the requesting individual.
(4)* * * NCUA need not make an accounting of previous disclosures of a record in this system of records available to its subject, and NCUA need not grant access to any records in this system of records by their subject. Further, whenever individuals request records about themselves and maintained in this system of records, the NCUA will advise the individuals only that no records available to them pursuant to the Privacy Act of 1974 have been identified. However, if review of the record reveals that the information contained therein has been used or is being used to deny the individuals any right, privilege or benefit for which they are eligible or to which they would otherwise be entitled under federal law, the individuals will be advised of the existence of the information and will be provided the information, except to the extent disclosure would identify a confidential source. Where possible, information that would identify a confidential source will be extracted or summarized in a manner which protects the source and the summary or extract will be provided to the requesting individual. 25. In § 792.69, revise paragraph
(a)to read as follows: § 792.69 Training and employee standards of conduct with regard to privacy.
(a)The Director of the Office of Human Resources, with advice from the Senior Privacy Act Officer, is responsible for training NCUA employees in the obligations imposed by the Privacy Act and this subpart. [FR Doc. E8-8948 Filed 4-24-08; 8:45 am] BILLING CODE 7535-01-P DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1300 [Docket No. DEA-285P] RIN 1117-AB17 Classification of Three Steroids as Schedule III Anabolic Steroids Under the Controlled Substances Act AGENCY: Drug Enforcement Administration (DEA), Department of Justice. ACTION: Notice of proposed rulemaking. SUMMARY: This Notice of Proposed Rulemaking
(NPRM)proposes to classify the following three steroids as “anabolic steroids” under the Controlled Substances Act (CSA): boldione, desoxymethyltestosterone, and 19-nor-4,9(10)-androstadienedione. The Drug Enforcement Administration
(DEA)believes that this action is necessary in order to prevent the abuse and trafficking of these steroids. If the regulations are amended, these steroids will be listed as schedule III controlled substances subject to the regulatory control provisions of the CSA. DATES: Written comments must be postmarked, and electronic comments must be sent on or before June 24, 2008. ADDRESSES: To ensure proper handling of comments, please reference “Docket No. DEA-285” on all written and electronic correspondence. Written comments via regular mail should be sent to the Deputy Administrator, Drug Enforcement Administration, Washington, DC 20537, Attention: DEA Federal Register Representative/ODL. Written comments sent via express mail should be sent to DEA Headquarters, Attention: DEA Federal Register Representative/ODL, 8701 Morrissette Drive, Springfield, VA 22152. Comments may be sent directly to DEA electronically by sending an electronic message to *dea.diversion.policy@usdoj.gov.* Comments may also be sent electronically through *http://www.regulations.gov* using the electronic comment form provided on that site. An electronic copy of this document is also available at the *http://www.regulations.gov* Web site. DEA will accept attachments to electronic comments in Microsoft Word, WordPerfect, Adobe PDF, or Excel file formats. DEA will not accept any file format other than those specifically listed here. *Posting of Public Comments:* Please note that all comments received are considered part of the public record and made available for public inspection online at *http://www.regulations.gov* and in the Drug Enforcement Administration's public docket. Such information includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be posted online or made available in the public docket, you must include the phrase “PERSONAL IDENTIFYING INFORMATION” in the first paragraph of your comment. You must also place all the personal identifying information you do not want posted online or made available in the public docket in the first paragraph of your comment and identify what information you want redacted. If you want to submit confidential business information as part of your comment, but do not want it to be posted online or made available in the public docket, you must include the phrase “CONFIDENTIAL BUSINESS INFORMATION” in the first paragraph of your comment. You must also prominently identify confidential business information to be redacted within the comment. If a comment has so much confidential business information that it cannot be effectively redacted, all or part of that comment may not be posted online or made available in the public docket. Personal identifying information and confidential business information identified and located as set forth above will be redacted and the comment, in redacted form, will be posted online and placed in the Drug Enforcement Administration's public docket file. If you wish to inspect the agency's public docket file in person, by appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph. FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, PhD, Chief, Drug and Chemical Evaluation Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537 at
(202)307-7183. SUPPLEMENTARY INFORMATION: I. Background Information On November 29, 1990, the President signed into law the Anabolic Steroids Control Act of 1990 (Title XIX of Pub. L. 101-647), which became effective February 27, 1991. This law established and regulated anabolic steroids as a class of drugs under schedule III of the Controlled Substances Act (CSA). As a result, a new anabolic steroid is not scheduled according to the procedures set out in 21 U.S.C. 811, but can be administratively classified as an anabolic steroid through the rulemaking process by adding the steroid to the regulatory definition of an anabolic steroid in 21 CFR 1300.01(b)(4). On October 22, 2004, the President signed into law the Anabolic Steroid Control Act of 2004 (Pub. L. 108-358), which became effective on January 20, 2005. Section 2(a) of the Anabolic Steroid Control Act of 2004 amended 21 U.S.C. 802(41)(A) by replacing the existing definition of “anabolic steroid.” The Anabolic Steroid Control Act of 2004 classifies a drug or hormonal substance as an anabolic steroid if the following four criteria are met:
(A)The substance is chemically related to testosterone;
(B)the substance is pharmacologically related to testosterone;
(C)the substance is not an estrogen, progestin, or a corticosteroid; and
(D)the substance is not dehydroepiandrosterone (DHEA). Any substance that meets the criteria is considered an anabolic steroid and must be listed as a schedule III controlled substance. DEA believes that boldione, desoxymethyltestosterone, and 19-nor-4,9(10)-androstadienedione meet this definition of anabolic steroid and is proposing that they be added to the list of anabolic steroids in 21 CFR 1300.01(b)(4). Anabolic steroids are a class of drugs with a basic steroid ring structure that produces anabolic and androgenic effects. The prototypical anabolic steroid is testosterone. Anabolic effects include promoting the growth of muscle. The androgenic effects consist of promoting the development of male secondary sexual characteristics such as facial hair, deepening of the voice, and thickening of the skin. In the United States, only a small number of anabolic steroids are approved for either human or veterinary use. Approved medical uses for anabolic steroids include treatment of androgen deficiency in hypogonadal males, adjunctive therapy to offset protein catabolism associated with prolonged administration of corticosteroids, treatment of delayed puberty in boys, treatment of metastatic breast cancer in women, and treatment of anemia associated with specific diseases ( *e.g.* , anemia of chronic renal failure, Fanconi's anemia, and acquired aplastic anemia). However, with the exception of the treatment of male hypogonadism, anabolic steroids are not the first-line treatment due to the availability of other preferred treatment options. DEA is not aware of any legitimate medical use or New Drug Applications
(NDA)for the three substances that DEA is proposing to classify by this NPRM as anabolic steroids under the definition set forth under 21 U.S.C. 802(41)(A). Moreover, DEA has not been able to identify any chemical manufacturers currently using these substances as intermediates in their manufacturing process(es). Adverse effects are associated with the use or abuse of anabolic steroids. These effects depend on several factors ( *e.g.* , age, sex, anabolic steroid used, the amount used, and the duration of use). In early adolescents, the use of testosterone and other anabolic steroids that have estrogenic effects can cause premature closure of the growth plates in long bones resulting in a permanently stunted growth. In adolescent boys, anabolic steroid use can cause precocious sexual development. In both girls and women, anabolic steroid use induces permanent physical changes such as deepening of the voice, increased facial and body hair growth, and the lengthening of the clitoris. In men, anabolic steroid use can cause shrinkage of the testicles, decreased sperm count, and sterility. Gynecomastia ( *i.e.* , enlargement of the male breast tissue) can develop with the use of those anabolic steroids with estrogenic actions. In both men and women, anabolic steroid use can damage the liver and can cause high cholesterol levels, which may increase the risk of strokes and heart attacks. Furthermore, anabolic steroid use is purported to induce psychological effects such as aggression, increased feelings of hostility, and psychological dependence and addiction. Upon abrupt termination of long-term anabolic steroid use, a withdrawal syndrome may appear including severe depression. II. Evaluation of Statutory Factors for Classification as an Anabolic Steroid DEA is proposing by this NPRM to classify boldione, desoxymethyltestosterone, and 19-nor-4,9(10)-androstadienedione as anabolic steroids under the definition set forth under 21 U.S.C. 802(41)(A). As noted previously, a drug or hormonal substance is classified as an anabolic steroid by meeting the following four definitional requirements:
(A)The substance is chemically related to testosterone;
(B)the substance is pharmacologically related to testosterone;
(C)the substance is not an estrogen, progestin, or a corticosteroid; and
(D)the substance is not DHEA. A. Chemically Related to Testosterone To classify a substance as an anabolic steroid, a substance must be chemically related to testosterone. A Structure Activity Relationship
(SAR)evaluation for each of the substances compared the chemical structure of the steroid to that of testosterone, as substances with a structure similar to that of testosterone are predicted to possess comparable pharmacological and biological activity. Boldione is also known by the following chemical name: androsta-1,4-diene-3,17-dione. DEA has determined that the chemical structure of boldione is chemically related to that of testosterone. The chemical structure of boldione differs from testosterone by only the following two chemical groups: A ketone group at carbon 17 and a double bond between the first and second carbon. The human body would be expected to metabolize the ketone group at carbon 17 into a hydroxyl group that is present on testosterone. Furthermore, the scientific literature reports that the additional double bond at carbon 1 in boldione does not significantly decrease the anabolic activity of the substance (Vida, 1969). Boldione is an anabolic steroid precursor, being metabolized by the body into boldenone (Galletti and Gardi, 1971), which is a schedule III anabolic steroid (21 U.S.C. 801(41)(A)(vi)). Desoxymethyltestosterone
(DMT)is also known by the following names: 17α-methyl-5a-androst-2-en-17β-ol; and madol. DEA has determined that the chemical structure of desoxymethyltestosterone is chemically related to testosterone. The chemical structure of desoxymethyltestosterone differs from testosterone by the following four chemical features: The lack of a ketone group at the third carbon, a double bond between the second and third carbon, the lack of a double bond between the fourth and fifth carbon, and a methyl group at carbon 17. Each of these four chemical features is known through the scientific literature not to eliminate the anabolic and androgenic activity of the substance (Brueggemeir *et al.* , 2002; Vida, 1969). 19-Nor-4,9(10)-androstadienedione is also known by the following chemical names: 19-norandrosta 4,9(10)-diene-3,17-dione; and estra-4,9(10)-diene-3,17-dione. DEA has determined that the chemical structure of 19-nor-4,9(10)-androstadienedione is chemically related to testosterone. The chemical structure of 19-nor-4,9(10)-androstadienedione differs from testosterone by the following three chemical groups: A ketone group at carbon 17, the absence of a methyl group at carbon 19, and a double-bond between the ninth and tenth carbon. The human body metabolizes the ketone group at carbon 17 into a hydroxyl group that is present on testosterone. Furthermore, the scientific literature reports that both the absence of the methyl group at carbon 19 and the additional double bond in 19-nor-4,9(10)-androstadienedione increase the anabolic activity of the substance (Vida, 1969). B. Pharmacologically Related to Testosterone A substance must also be pharmacologically related to testosterone ( *i.e.* , produce similar biological effects) to be classified as a schedule III anabolic steroid. The pharmacology of a steroid, as related to testosterone, can be established by performing one or more of the following androgenic and anabolic activity assays: ventral prostate assay, seminal vesicle assay, levator ani assay, testicular atrophy assay, gonadotropin suppression assay, and androgen receptor binding and efficacy assays. These assays are described below. *Ventral Prostate Assay, Seminal Vesicle Assay, and Levator Ani Assay:* The classic scientific procedure for examining the effects of a steroid as compared to testosterone is to perform the ventral prostate assay, seminal vesicles assay, and levator ani assay. Certain male accessory organs ( *i.e.* , the ventral prostate, seminal vesicles, and levator ani muscle) specifically need testosterone to grow and remain healthy. Upon the removal of the testes ( *i.e.* , castration), the primary endogenous source of testosterone is eliminated causing the atrophy of the ventral prostate, seminal vesicles, and levator ani muscle (Eisenberg *et al.* , 1949; Nelson *et al.* , 1940; Scow, 1952; Wainman and Shipoundoff, 1941). Numerous scientific studies have demonstrated the ability of exogenous testosterone administered to rats following castration to maintain the normal weight and size of all three testosterone sensitive organs (Biskind and Meyer, 1941; Dorfman and Dorfman, 1963; Kincl and Dorfman, 1964; Nelson *et al.* , 1940; Scow, 1952; Wainman and Shipoundoff, 1941). Thus, a steroid with testosterone-like activity will also prevent the atrophy of these three testosterone-dependent organs in castrated rats. *Testicular Atrophy Assay:* Administering testosterone to non-castrated rats causes a decrease in serum levels of gonadotropins ( *i.e.* , luteinizing hormone [LH] and follicle stimulating hormone [FSH]) from normal levels. Gonadotropins are pituitary hormones that affect the size and function of the testes. The suppression of these gonadotropins by excess testosterone results in a significant decrease in the size and weight of the testes (Boris *et al.* , 1970; McEuen *et al.* , 1937; Moore and Price, 1938). Accordingly, a steroid with testosterone-like activity will also significantly diminish the size and weight of the testes. *Gonadotropin Suppression Assay:* The castration of rats causes a substantial increase in the serum levels of gonadotropins ( *i.e.* , LH and FSH) above normal levels due to the removal of the principal source of endogenous testosterone (Gay and Bogdanove, 1969; Swerdloff *et al.* , 1972, 1973; Swerdloff and Walsh, 1973). The administration of testosterone to castrated animals suppresses the increase in the serum levels of gonadotropins (Gay and Bogdanove, 1969; Swerdloff *et al.* , 1972; Swerdloff and Walsh, 1973; Verjans *et al.* , 1974). The administration of anabolic steroids with testosterone-like activity will also prevent this increase in serum levels of LH and FSH. *Androgen Receptor Binding and Efficacy Assay:* Androgen receptor binding and efficacy assays are also used to demonstrate that the activity of a steroid is similar to that of testosterone. Testosterone produces its anabolic effects subsequent to binding to and activating the androgen receptor. Different cell-based assays can compare candidate steroids to testosterone for their ability to bind to and activate androgen receptors. There are several different types of assays used to establish androgen receptor binding and efficacy. In one assay, C3H10T1/2 stem cells express androgen receptors and are used to assess steroids for their ability to bind and activate the androgen receptor (Jasuja *et al.* , 2005a,b; Singh *et al.* , 2003). In these stem cells, the translocation of the androgen receptor to the nucleus of the cell in the presence of the ligand ( *e.g.* , testosterone or its active metabolite dihydroxytestosterone) confirms that the ligand bound to the androgen receptor and activated the downstream signaling cascade. When activated, the C3H10T1/2 stem cells differentiate into skeletal muscle cells as demonstrated by the increase in the expression of muscle specific proteins ( *i.e.* , myogenic determination transcription factor [MyoD] and myosin heavy chain [MHC]). Another assay uses human breast cancer cells genetically altered to contain a specific reporter gene ( *e.g.* , luciferase gene) regulated by androgen receptor activation (Hartig *et al.* , 2002; Wilson *et al.* , 2002). The expression of a bioluminescent protein ( *e.g.* , luciferase) signals both androgen receptor binding and activation. Results of the Androgenic and Anabolic Activity Assays In January 2006, DEA reviewed the published scientific literature for pharmacological data on the anabolic and androgenic activity of boldione, desoxymethyltestosterone, and 19-nor-4,9(10)-androstadienedione using the assays described above. As discussed further below, there was sufficient information on the pharmacology of desoxymethyltestosterone in the reviewed scientific literature to determine that desoxymethyltestosterone is pharmacologically related to testosterone ( *i.e.* , produces biological effects similar to those of testosterone). However, the published literature contained insufficient pharmacological data to determine whether boldione and 19-nor-4,9(10)-androstadienedione were pharmacologically related to testosterone. Consequently, as discussed further below, DEA sponsored pharmacological studies involving several different androgenic and anabolic activity assays to generate the data necessary to make this determination. Androgenic and anabolic activity assay results indicate that boldione, desoxymethyltestosterone, and 19-nor-4,9(10)-androstadienedione have similar pharmacological activity as testosterone. Boldione DEA sponsored a study 1 by the Veteran's Administration Puget Sound Health Care System to determine the anabolic and androgenic effects of boldione in intact and castrated rats (Matsumoto and Marck, 2006). The results of these studies were compared to the results of a study by the same laboratory using a similar protocol to characterize the androgenic and anabolic effects of testosterone (Marck *et al.* , 2003). Boldione administered to castrated male rats by silastic capsules implanted under the skin prevented atrophy of the ventral prostate, seminal vesicle, and levator ani, and the rise in serum gonadotropin (LH and FSH) associated with castration. Boldione administration also produced testicular atrophy in intact rats. Another DEA sponsored study 2 at a laboratory at Boston University examined the ability of boldione to bind to the androgen receptor and to cause the differentiation of C3H10T1/2 stem cells into muscle cells (Bhasin, 2005). All of these effects caused by boldione in C3H10T1/2 stem cells were comparable to those of testosterone as established in experiments using the same or similar methodology (Singh *et al.* , 2003). Collectively, the evidence indicates that the pharmacology of boldione is similar to testosterone. 1 The study by the Veteran's Administration Puget Sound Health Care System may be found at *www.regulations.gov* in the electronic docket associated with this rulemaking. 2 The study by Boston University may be found at *www.regulations.gov* in the electronic docket associated with this rulemaking. Desoxymethyltestosterone Desoxymethyltestosterone was administered subcutaneously, orally, or intramuscularly to castrated rats (Dorfman and Kincl, 1963; Kincl and Dorfman, 1964; Nutting *et al.* , 1966). By all three routes of administration, desoxymethyltestosterone prevented the atrophy of ventral prostate, seminal vesicle, and levator ani. Desoxymethyltestosterone also induced the expression of the bioluminescent protein luciferase in CAMA-1 breast cancer cells signaling androgen receptor binding and activation (Ayotte *et al.* , 2006). Collectively, the evidence indicates that the pharmacology of desoxymethyltestosterone is similar to testosterone. 19-Nor-4,9(10)-Androstadienedione DEA sponsored a study 3 by the Veteran's Administration Puget Sound Health Care System to determine the anabolic and androgenic effects of 19-nor-4,9(10)-androstadienedione in intact and castrated rats (Matsumoto and Marck, 2006). The results of these studies were compared to the results of a study by the same laboratory using a similar protocol to characterize the androgenic and anabolic effects of testosterone (Marck *et al.* , 2003). 19-nor-4,9(10)-androstadienedione administered to castrated male rats by silastic capsules implanted under the skin prevented the atrophy of the ventral prostate, seminal vesicle, levator ani, and the rise in serum gonadotropins (LH and FSH) associated castration. Another DEA sponsored study at a laboratory at Boston University 4 examined the ability of 19-nor-4,9(10)-androstadienedione to bind to the androgen receptor and to cause the differentiation of C3H10T1/2 stem cells into muscle cells (Bhasin, 2005). All of these effects caused by 19-nor-4,9(10)-androstadienedione in C3H10T1/2 stem cells were comparable to those of testosterone as established in experiments using the same or similar methodology (Singh *et al.* , 2003). Collectively, the evidence indicates that the pharmacology of 19-nor-4,9(10)-androstadienedione is similar to testosterone. 3 The study by the Veteran's Administration Puget Sound Health Care System may be found at *www.regulations.gov* in the electronic docket associated with this rulemaking. 4 The study by Boston University may be found at *www.regulations.gov* in the electronic docket associated with this rulemaking. C. Not Estrogens, Progestins, and Corticosteroids DEA has determined that boldione, desoxymethyltestosterone, and 19-nor-4,9(10)-androstadienedione are unrelated to estrogens, progestins, and corticosteroids. DEA evaluated the SAR for each of the substances. The chemical structure of each substance was compared to that of estrogens, progestins, and corticosteroids because the chemical structure can be related to its pharmacological and biological activity. DEA found that the three substances lacked the necessary chemical structures to impart significant estrogenic activity ( *e.g.* , aromatic A ring) (Duax *et al.* , 1988; Jordan *et al.* , 1985; Williams and Stancel, 1996), progestational activity ( *e.g.* , 17β-alkyl group) (Williams and Stancel, 1996), or corticosteroidal activity ( *e.g.* , 17β-ketone group or 11β-hydroxyl group) (Miller *et al.* , 2002). D. Not Dehydroepiandrosterone Dehydroepiandrosterone, also known as DHEA, is exempt from control as an anabolic steroid by definition (21 U.S.C. 802(41)(A)). Boldione, desoxymethyltestosterone, and 19-nor-4,9(10)-androstadienedione are not dehydroepiandrosterone and are therefore not exempted from control on this basis. III. Conclusion Therefore, based on the above, DEA concludes that boldione, desoxymethyltestosterone, and 19-nor-4,9(10)-androstadienedione meet the CSA definition of “anabolic steroid” because each substance is:
(A)Chemically related to testosterone;
(B)pharmacologically related to testosterone;
(C)not an estrogen, progestin, or a corticosteroid; and
(D)not DHEA (21 U.S.C. 802(41)). All anabolic steroids are classified as schedule III controlled substances (21 U.S.C. 812). Once a substance is determined to be an anabolic steroid, DEA has no discretion regarding the scheduling of these substances. As discussed further below, all requirements pertaining to controlled substances in schedule III would pertain to these three substances. IV. Impact of Proposed Rule Effect of Classifying These Substances as Anabolic Steroids If this rulemaking is finalized as proposed, DEA will classify boldione, desoxymethyltestosterone, and 19-nor-4,9(10)-androstadienedione as schedule III anabolic steroids. If classified as schedule III anabolic steroids, any person who manufactures, distributes, dispenses, imports, or exports boldione, desoxymethyltestosterone, or 19-nor-4,9(10)-androstadienedione, or who engages in research or conducts instructional activities with respect to these three substances would be required to obtain a schedule III registration in accordance with the CSA and its implementing regulations. Manufacturers and importers of these three substances would be required to register with DEA and would be permitted to distribute these substances only to other DEA registrants. Only persons registered as dispensers would be allowed to dispense these three substances to end users. The CSA defines a practitioner as “a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which he practices or does research, to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research” (21 U.S.C. 802(21)). At present, there are no approved medical uses for these three substances. Until a manufacturer applies to the Food and Drug Administration and gains approval for products containing these substances, no person may dispense them in response to a prescription. Manufacture, import, export, distribution, or sale of boldione, desoxymethyltestosterone, and 19-nor-4,9(10)-androstadienedione, except by DEA registrants, would become a violation of the CSA that may result in imprisonment and fines (21 U.S.C. 841 and 960). Possession of these three steroids, unless legally obtained, would also become subject to criminal penalties (21 U.S.C. 844). In addition, under the CSA, these three substances could be imported only for medical, scientific, or other legitimate uses (21 U.S.C. 952(b)) under an import declaration filed with DEA (21 CFR 1312.18). Importation of these substances would be illegal unless the person importing these substances is registered with DEA as an importer or researcher and files the required declaration for each shipment. An individual who purchases any of these substances directly from foreign companies and has them shipped to the U.S. will be considered to be importing even if the steroids are intended for personal use. Illegal importation of these substances would be a violation of the CSA that may result in imprisonment and fines (21 U.S.C. 960). Requirements for Handling Substances Defined as Anabolic Steroids Upon consideration of public comments from this NPRM, DEA may issue a final rule classifying boldione, desoxymethyltestosterone, and 19-nor-4,9(10)-androstadienedione as anabolic steroids. If classified as anabolic steroids, boldione, desoxymethyltestosterone, and 19-nor-4,9(10)-androstadienedione would become subject to CSA regulatory controls and administrative, civil, and criminal sanctions applicable to the manufacture, distribution, dispensing, importation, and exportation of a schedule III controlled substance, including the following: *Registration.* Any person who manufactures, distributes, dispenses, imports, exports, or engages in research or conducts instructional activities with a substance defined as an anabolic steroid, or who desires to engage in such activities, would be required to be registered to conduct such activities with schedule III controlled substances in accordance with 21 CFR part 1301. *Security.* Substances defined as anabolic steroids would be subject to schedule III-V security requirements and would be required to be manufactured, distributed, and stored in accordance with 21 CFR 1301.71, 1301.72(b), (c), and (d), 1301.73, 1301.74, 1301.75(b) and (c), 1301.76 and 1301.77. *Labeling and Packaging.* All labels and labeling for commercial containers of substances defined as anabolic steroids would be required to comply with requirements of 21 CFR 302.03-1302.07. *Inventory.* Every registrant required to keep records and who possesses any quantity of any substance defined as an anabolic steroid is required to keep an inventory of all stocks of the substances on hand pursuant to 21 CFR 1304.03, 1304.04 and 1304.11. Every registrant who desires registration in schedule III for any substance defined as an anabolic steroid shall conduct an inventory of all stocks of the substances on hand at the time of registration. *Records.* All registrants would be required to keep records pursuant to 21 CFR 1304.03, 1304.04, 1304.05, 1304.21, 1304.22, 1304.23 and 1304.26. *Prescriptions.* All prescriptions for these schedule III substances or for products containing these schedule III substances would be required to be issued pursuant to 21 CFR 1306.03-1306.06 and §§ 1306.21-1306.27. All prescriptions for these schedule III compounds or for products containing these schedule III substances, if authorized for refilling, would be limited to five refills within six months of the date of issuance of the prescription. *Importation and Exportation.* All importation and exportation of any substance defined as an anabolic steroid would be required to be in compliance with 21 CFR part 1312. *Criminal Liability.* Any activity with any substance defined as an anabolic steroid not authorized by, or in violation of, the Controlled Substances Act or the Controlled Substances Import and Export Act is unlawful. Disposal of Anabolic Steroids If this regulation is finalized as proposed, persons who possess substances that become classified as anabolic steroids and who wish to dispose of them rather than becoming registered to handle them should contact their local DEA Diversion field office for assistance in disposing of these substances legally. DEA Diversion field office will provide the person with instructions regarding the disposal. A list of local DEA Diversion field offices may be found at *http://www.deadiversion.usdoj.gov.* Regulatory Certifications Regulatory Flexibility Act The Deputy Administrator hereby certifies that this rulemaking has been drafted in accordance with the Regulatory Flexibility Act (5 U.S.C. 601-612). DEA is not able to determine whether this regulation will, if promulgated as a Final Rule, not have a significant economic impact on a substantial number of small entities. As of August 2007, DEA identified 22 dietary supplements promoted for building muscle and increasing strength that are purported to contain boldione, desoxymethyltestosterone, or 19-nor-4,9(10)-androstadienedione. Four dietary supplements purport to contain boldione; nine dietary supplements purport to contain desoxymethyltestosterone; and nine dietary supplements purport to contain 19-nor-4,9(10)-androstadienedione. All 22 dietary supplements are marketed and sold on the Internet. The manufacturers and distributors of the 22 identified dietary supplements purported to contain boldione, desoxymethyltestosterone, or 19-nor-4,9(10)-androstadienedione also sell a variety of other dietary supplements. DEA has identified a substantial number of Internet distributors that sell these dietary supplements. However, these distributors also sell a variety of other nutritional products. Without information on the percentage of revenues derived from these dietary supplements, however, DEA is not able to determine the economic impact of the removal of these dietary supplements alone on the business of the firms. DEA has not been able to identify any chemical manufacturers that are currently using these substances as intermediates in their manufacturing process(es). DEA seeks comment on whether this regulation, if promulgated as a Final Rule, will have a significant economic impact on a substantial number of small entities. As of August 2007, DEA identified 20 chemical manufacturers and distributors that sell at least one of the three substances addressed in this NPRM. Most of the companies are located in China and sell a variety of steroids. DEA notes that, as the vast majority of entities handling these substances are Internet based, it is virtually impossible to accurately quantify the number of persons handling these substances at any given time. Further, DEA has no information regarding the percentage of revenue these substances constitute for each handler. DEA has identified one company based in the U.S. that is a DEA registrant that manufactures and distributes at least one of these substances as reference products for testing laboratories. DEA notes, upon placement into schedule III, these substances may be used for analytical purposes. This company is registered with DEA and is already in compliance with the CSA and DEA implementing regulations regarding the handling of schedule III substances. Executive Order 12866 The Deputy Administrator hereby certifies that this rulemaking has been drafted in accordance with Executive Order 12866 section 1(b). It has been determined that this rule is a significant regulatory action. Therefore, this action has been reviewed by the Office of Management and Budget. As discussed above, the effect of this rule would be to remove products containing these substances from the over-the-counter marketplace. DEA has no basis for estimating the size of the market for these products. DEA notes, however, that virtually all of the substances are imported. According to U.S. International Trade Commission data, the import value of all anabolic steroids in 2006 was $6 million. These three substances would be a subset of those imports. The value of anabolic steroid imports for the first six months of 2007 declined by 35 percent although the quantity imported increased. The total market for these products containing these substances, therefore, is probably quite small. Moreover, DEA believes that the importation of these three substances is for illegitimate purposes. The benefit of controlling these substances is to remove from the marketplace substances that have dangerous side effects and no legitimate medical use in treatment in the United States. As discussed in detail above, these substances can produce serious health effects in adolescents and adults. If medical uses for these substances are developed and approved, the drugs would be available as schedule III controlled substances in response to a prescription issued by a medical professional for a legitimate medical purpose. Until that time, however, this action would bar the importation, exportation, and sale of these three substances except for legitimate research or industrial uses. Executive Order 12988 This regulation meets the applicable standards set forth in Sections 3(a) and 3(b)(2) of Executive Order 12988 Civil Justice Reform. Executive Order 13132 This rulemaking does not preempt or modify any provision of state law; nor does it impose enforcement responsibilities on any state; nor does it diminish the power of any state to enforce its own laws. Accordingly, this rulemaking does not have federalism implications warranting the application of Executive Order 13132. Paperwork Reduction Act This rule proposes to regulate three anabolic steroids, which are neither approved for medical use in humans nor approved for administration to cattle or other non-humans. Under this proposal, only chemical manufacturers who may use these substances as chemical intermediates for the synthesis of other steroids would be required to register with DEA under the CSA. However, DEA has not been able to identify any chemical manufacturers that are currently using these substances as intermediates in their manufacturing process(es). Therefore, DEA is specifically seeking input from the chemical industry on any manufacturing process(es) that maybe impacted by this rulemaking. Thus, DEA does not expect this proposal to impose any additional paperwork burden on the regulated industry. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by state, local, and tribal governments, in the aggregate or by the private sector, of $120,000,000 or more (adjusted for inflation) in any one year and will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Congressional Review Act This rule is not a major rule as defined by Section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996 (Congressional Review Act). This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in cost or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. List of Subjects in 21 CFR Part 1300 Chemicals, Drug traffic control. For the reasons set out above, 21 CFR part 1300 is proposed to be amended as follows: PART 1300—DEFINITIONS 1. The authority citation for part 1300 continues to read as follows: Authority: 21 U.S.C. 802, 871(b), 951, 958(f). 2. Section 1300.01 is amended in paragraph (b)(4) by: A. Redesignating paragraphs (b)(4)(xiii) through (b)(4)(lx) as (b)(4)(xiv) through (b)(4)(lxi), B. Adding a new paragraph (b)(4)(xiii), C. Redesignating new paragraphs (b)(4)(xvii) through (b)(4)(lxi) as (b)(4)(xviii) through (b)(4)(lxii), D. Adding new paragraph (b)(4)(xvii), E. Redesignating new paragraphs (b)(4)(xlvii) through (b)(4)(lxii) as (b)(4)(xlviii) through (b)(4)(lxiii), and F. Adding new paragraph (b)(4)(xlvii) to read as follows: § 1300.01 Definitions relating to controlled substances.
(b)* * *
(4)* * *
(xiii)boldione (androsta-1,4-diene-3,17-dione)
(xvii)desoxymethyltestosterone (17a-methyl-5a-androst-2-en-17-ol) (a.k.a., madol) (xlvii) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione) Dated: April 11, 2008. Michele M. Leonhart, Deputy Administrator. List of References Ayotte, C., Goudreault, D., Gauthier, J., Ayotte, P., Larochelle, C., and Poirier, D. (2006). Characterization of chemical and hormonal properties of new steroid related to doping of athletes. Presented at the Cologne Workshop on Dope Analysis, June 2006. Bhasin, S. (2005). [Pharmacological analysis of boldione and 19-nor-4,9(10)-androstadienedione for androgenic activity using C3H10T1/2 stem cells]. Unpublished report. Biskind, G.R. and Meyer, M.A. (1941). The comparative androgenic potency of testosterone, methyltestosterone and testosterone propionate administered in pellet form. *Endocrinology,* 28(2): 217-221. Boris, A., Stevenson, R.H., and Trmal, T. (1970). Comparative androgenic, myotrophic and antigonadotrophic properties of some anabolic steroids. *Steroids,* 15(1):61-71. Brueggemeier, R.W., Miller, D.D., and Dalton, J.T. (2002). *Estrogen, Progestins and Androgens.* In D.A. Williams and T.L. Lemke *(Eds.) Foye's Principle of Medicinal Chemistry* (5th ed.). Philadelphia, Lippincott Williams and Wilkins. Dorfman, R.I. and Dorfman, A.S. (1963). The assay of subcutaneously injected androgens in the castrated rat. *ACTA Endocrinologica,* 42: 245-253. Dorfman, R.I. and Kincl, F.A. (1963). Relative potency of various steroids in an anabolic-androgenic assay using the castrated rat. *Endocrinology,* 72: 259-266. Duax, W.L., Griffin, J.F., Weeks, C.M., and Wawrzak, Z. (1988). The mechanism of action of steroid antagonists: Insight from crystallographic studies. *Journal of Steroid* *Biochemistry and Molecular Biology* , 31: 481-492. Eisenberg E, Gordan GS and Elliott HW (1949). Testosterone and tissue respiration of the castrate male rat with possible test for myotrophic activity. *Endocrinology,* 45(2): 113-119. Galletti, F. and Gardi, R. (1971). Metabolism of 1-dehydroandrostanes in man. *Steroids* , 18(1): 39-50. Gay, V.L. and Bogdanove, E.M. (1969). *Plasma and pituitary* LH and FSH in the castrated rat following short-term steroid treatment. *Endocrinology,* 84: 1132-1142. Hartig, P.C., Bobseine, K.L., Britt, B.H., Cardon, M.C., Lambright, C.R., Wilson, V.S., and Gray, L.E. (2002). Development of two androgen receptor assays using adenoviral transduction of MMTV-Luc reporter and/or hAR for endocrine screening. *Toxicological Sciences, 66:* 82-90. Jasuja, R., Catlin, D.H., Miller, A., Chang, Y.-C., Herbst, K.L., Starcevic, B., Artaza, J.N., Singh, R., Datta, G., Sarkissian, A., Chandsawangbhuwana, C., Baker, M., and Bhasin, S. (2005a). Tetrahydrogestrinone is an androgenic steroid that stimulates androgen receptor-mediated, myogenic differentiation in C3H10T1/2 multipotent mesenchymal cells and promotes muscle accretion in orchidectomized male rats. *Endocrinology,* *146* (10): 4472-4478. Jasuja, R., Ramaraj, P., Mac, R.P., Singh, A.B., Storer, T.W., Artaza, J., Miller, A., Singh, R., Taylor, W.E., Lee, M.L., Davidson, T., Sinha-Hikim, I., Gonzalez-Cadavid, N.F., and Bhasin, S. (2005b). (s-4-Androstene-3,17-dione binds androgen receptor, promotes myogenesis *in vitro,* and increases serum testosterone levels, fat-free mass, and muscle strength in hypogonadal men. *Journal of Clinical Endocrinology and Metabolism, 90(2):* 855-863. Jordan, V.C., Mittal, S., Gosden, B., Koch, R., and Lieberman, M.E. (1985). Structure-activity relationships of estrogen. *Environmental Health Perspectives, 61:* 91-110. Kincl, F.A. and Dorfman, R.I. (1964). Anabolic-androgenic potency of various steroids in a castrated rat assay. *Steroids, 3:* 109-122. Marck, B.T., Wolden-Hanson, T., Tolliver, J.M., Matsumoto, A.M. (2003). Use of DEXA to assess the anabolic actions of androgens on relative lean body mass and bone mineral density in orchidectomized prepubertal rats. Unpublished manuscript, Veteran's Affairs Puget Sound Health Care System, Seattle, WA. Matsumoto, A.M. and Marck, B.T. (2006). DEA Agreement No. DEA-04-P0007 Final Report [Analysis of the androgenic and anabolic activities of 1,4-androstadien-3,17-dione and 19-nor-4,9(10)-androstadienedione in male Sprague Dawley rats]. Unpublished report. McEuen, C.S., Selye, H., and Collip, J.B. (1937). Effects of testosterone on somatic growth. *Proceedings of the Society for Experimental Biology and Medicine,* 36: 390-394. Miller, D.D., Brueggemeier, R.W., and Dalton, J.T. (2002). Adrenocorticoids. In D.A. Williams and T.L. Lemke (Eds.) *Foye's Principle of Medicinal Chemistry* (5th ed.). Philadelphia, Lippincott Williams and Wilkins. Moore, C.R. and Price, D. (1938). Some effects of testosterone and testosterone-propionate in the rat. *The Anatominal Record,* 71(1):59-78. Nelson, D., Greene, R.R. and Wells, J.A. (1940). Variations in the effectiveness of percutaneously applied androgens in the rat. *Endocrinology,* 26: 651-655. Nutting, E.F., Klimstra, P.D., and Counsell, R.E. (1966). Anabolic-androgenic activity of A-ring modified androstane derivatives. Part I: A comparison of parenteral activity. *ACTA Endocrinologica, 53:* 627-634. Scow, R.O. (1952). Effect of testosterone on muscle and other tissues and on carcass composition in hypophysectomized, thyroidectomized, and gonadectomized male rats. *Endocrinology, 51:* 42-51. Singh, R., Artaza, J.N., Taylor, W.E., Gonzalez-Cadavid, N.F., and Bhasin, S. (2003). Androgens stimulate myogenic differentiation and inhibit adipogenesis in C3H 10T1/2 pluripotent cells through an androgen receptor-mediated pathway. *Endocrinology, 144* (11): 5081-5088. Swerdloff, R.S., Grover, P.K., Jacobs, H.S., and Bain, J. (1973). Search for a substance which selectively inhibits FSH—Effects of steroids and prostaglandins on serum FSH and LH levels. *Steroids,* 21(5): 703-722. Swerdloff, R.S. and Walsh, P.C. (1973). Testosterone and oestradiol suppression of LH and FSH in adult male rats: Duration of castration, duration of treatment and combined treatment. ACTA Endocrinologica, 73: 11-21. Swerdloff, R.S., Walsh, P.C., and Odell, W.D. (1972). Control of LH and FSH secretion in the male: Evidence that aromatization of androgens to estradiol is not required for inhibition of gonadotropin secretion. *Steroids,* 20(1): 13-22. Verjans, H.L., Eik-Nes, K.B., Aafjes, J.H., Vels, F.J.M., and van der Molen, H.J. (1974). Effects of testosterone propionate, 5alpha-dihydrotestosterone propionate and oestradiol benzoate on serum levels of LH and FSH in the castrated adult male rat. *ACTA Endocrinologica, 77: 643-654.* Vida, J.A. (1969). *Androgens and Anabolic Agents: Chemistry and Pharmacology.* New York: Academic Press. Wainman, P. and Shipounoff, G.C. (1941). The effects of castration and testosterone propionate on the striated perineal musculature in the rat. *Endocrinology,* 29(6): 975-978. Williams, C.L. and Stancel, G.M (1996). Estrogens and Progestins. In J.G. Hardman, L.E. Limbird, P.B. Molinoff, R.W. Ruddon, A. Goodman Gilman (Eds.) *Goodman and Gilman's The Pharmacological Basis of Therapeutics* (9th ed.). New York: McGraw-Hill, 1411-1440. Wilson, V.S., Bobseine, K., Lambright, C.R., and Gray, L.E. (2002). A novel cell line, MDA-kb2, that stably expresses an androgen- and glucocorticoid-responsive reporter for the detection of hormone receptor agonists and antagonists. *Toxicological Sciences,* 66: 69-81. [FR Doc. E8-8842 Filed 4-24-08; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-104946-07] RIN 1545-BG36 Hybrid Retirement Plans; Correction AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correction to notice of proposed rulemaking. SUMMARY: This document contains corrections to a notice of proposed rulemaking (REG-104946-07) that was published in the **Federal Register** on Friday, December 28, 2007 (72 FR 73680) providing guidance relating to sections 411(a)(13) and 411(b)(5) of the Internal Revenue Code concerning certain hybrid defined benefit plans. FOR FURTHER INFORMATION CONTACT: Lauson C. Green or Linda S. F. Marshall at
(202)622-6090 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The correction notice that is the subject of this document is under section 411 of the Internal Revenue Code. Need for Correction As published, the notice of proposed rulemaking (REG-104946-07) contains errors that may prove to be misleading and are in need of clarification. Correction of Publication Accordingly, the publication of the notice of proposed rulemaking (REG-104946-07), which was the subject of FR Doc. E7-25025, is corrected as follows: 1. On page 73683, column 3, in the preamble, first paragraph of the column, line 15, the language “reasonably expected to result in a larger” is corrected to read “reasonably expected to result in a smaller”. 2. On page 73685, column 1, third paragraph of the column, line 8, the language “ `capital' rule of section 411(b)(5)(b)(i)(II)” is corrected to read “ `capital' rule of section 411(b)(5)(B)(i)(II)”. 3. On page 73689, column 2, line 3 from the bottom of the fifth paragraph of the column, the language “section 411(d)(6) is available for the” is corrected to read “section 411(d)(6) relief is available for the”. PART 1—[CORRECTED] § 1.411(a)(13)-1 [Corrected] 4. On page 73691, column 1, § 1.411(a)(13)-1(d)(3)(ii), line 18, the language “larger annual benefit at normal” is corrected to read “smaller annual benefit at normal”. 5. On page 73691, column 2, § 1.411(a)(13)-1(d)(3)(iii)(B), line 9, the language “reasonably expected to result in a larger” is corrected to read “reasonably expected to result in a smaller”. § 1.411(b)(5)-1 [Corrected] 6. On page 73693, column 3, § 1.411(b)(5)-1(c)(3)(ii)(A), line 17, the language “participant under the lump sum-based” is corrected to read “participant under the lump sum-based benefit”. 7. On page 73695, column 1, § 1.411(b)(5)-1(c)(5) *Example 1.* (ii), line 17, the language “permitted to elect (with spousal consent)” is corrected to read “permitted to elect (with spousal consent if applicable)”. 8. On page 73695, column 2, § 1.411(b)(5)-1(c)(5) *Example 2.* (iii), line 5, the language “consent) payment in the same generalized” is corrected to read “consent if applicable) payment in the same generalized”. 9. On page 73695, column 3, § 1.411(b)(5)-1(c)(5) *Example 2.* (v), line 12, the language “of 5.5 percent. Thereafter, Participant's A's” is corrected to read “of 5.5 percent. Thereafter, Participant A's”. LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. E8-9026 Filed 4-24-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 20 [REG-112196-07] RIN 1545-BH64 Gross Estate; Election to Value on Alternate Valuation Date AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking. SUMMARY: This document contains proposed regulations that provide guidance relating to the availability of the election to use the alternate valuation method under section 2032 of the Internal Revenue Code (Code). The proposed regulations will affect estates that file Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return, and elect to use the alternate valuation method. DATES: Written or electronic comments and requests for a public hearing must be received by July 24, 2008. ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-112196-07), Internal Revenue Service, Room 5203, PO Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-112196-07), Courier's Desk, Internal Revenue Service, 1111 Constitution Avenue, NW., Washington, DC 20224; or sent electronically via the Federal eRulemaking Portal at *http://www.regulations.gov* (IRS-REG-112196-07). FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, Theresa M. Melchiorre, at
(202)622-3090; concerning submissions of comments or to request a hearing, Kelly Banks, at
(202)622-7180 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Background This document contains proposed amendments to the Estate Tax Regulations (26 CFR part 20) under section 2032 of the Code. Section 2001 imposes a tax on the transfer of the taxable estate of every decedent who is a citizen or resident of the United States. Section 2031(a) provides that the value of the decedent's gross estate includes the value at the time of decedent's death of all property, real or personal, tangible or intangible, wherever situated. Section 2032(a) provides that the value of the gross estate instead may be determined, if the executor so elects, by valuing all the property included in the gross estate as follows. Property distributed, sold, exchanged, or otherwise disposed of within 6 months after the decedent's death must be valued as of the date of distribution, sale, exchange, or other disposition. I.R.C. section 2032(a)(1). Property not distributed, sold, exchanged, or otherwise disposed of within 6 months after the decedent's death must be valued as of the date that is 6 months after the decedent's death. I.R.C. section 2032(a)(2). Any interest or estate which is affected by the mere lapse of time is included at its value as of the time of death (instead of the later date), with adjustment for any difference in its value as of the later date that is not due to the mere lapse of time. I.R.C. section 2032(a)(3). The predecessor to section 2032 is section 302(j) of the Revenue Act of 1926, as added by section 202(a) of the Revenue Act of 1935. Revenue Act of 1935, 74 Public Law 407, 49 Stat. 1014 (1935). Section 302(j) allowed executors to elect to use a date that was one year after the date of decedent's death to value estate property. Section 302(j) contained provisions for valuing the property on the date of its sale or disposition during the alternate valuation period and for not taking into account changes in value due to a mere lapse of time. Congress enacted section 302(j) in response to “the hardships which were experienced after 1929 when market values decreased very materially between the period from the date of death and the date of distribution to the beneficiaries.” 79 Cong. Rec. 14632
(1935)(statement of Mr. Samuel B. Hill). See, also, H.R. Rep. No. 74-1681, at 9 (1935); S. Rep. No. 74-1240, part 1, at 9-10 (1935); and S. Rep. No. 74-1240, part 2, at 8-9 (1935). Section 302(j) was codified as section 811(j) in the Internal Revenue Code of 1939. In 1941, the U.S. Supreme Court addressed whether rents, dividends, and interest received and accrued during the alternate valuation period are includible in the decedent's gross estate under section 811(j). *Maass* v. *Higgins* , 312 U.S. 443 (1941). In that case, the Court stated that the purpose of section 811(j) is “to mitigate the hardship consequent upon shrinkage in the value of estates during the year following death. Congress enacted it in the light of the fact that, due to such shrinkages, many estates were almost obliterated by the necessity of paying a tax on the value of the assets at the date of decedent's death.” Id. at 446. In 1954, section 811(j) was recodified as section 2032. Congress considered proposals to amend section 811(j) and, again, Congress stated that, “The option to value property [on the alternate valuation date] initially was provided during the Depression of the early 1930s because by the time estate taxes were paid, property values had dropped substantially, sometimes to such an extent that the proceeds of the sale would not pay the estate tax due.” H. Rep. No. 83-1337 at 90 (1954). See, also, S. Rep. No. 83-1622, at 122-123 (1954). In 1958, § 20.2032-1 of the Estate Tax Regulations was published. This regulation restates the rule in section 2032(a)(3) and provides an example that illustrates the rule that only changes in the value of the decedent's gross estate due to market conditions, and not changes to the value due to a mere lapse of time, are to be considered in valuing the decedent's gross estate under the alternate valuation method. See example in § 20.2032-1(f)(1). Two judicial decisions have interpreted the language of section 2032 and its legislative history differently in determining whether post-death events other than market conditions may be taken into account under the alternate valuation method. In *Flanders* v. *United States* , 347 F. Supp. 95 (N.D. Cal. 1972), the district court held that the reduction in value of property included in the decedent's estate as a result of a voluntary act by the trustee, instead of as a result of market conditions, could not be taken into consideration in valuing the property under the alternate valuation method. In that case, a few months after the death of the decedent, the trustee of the trust owning decedent's undivided one-half interest in real property entered into a Land Conservation Agreement pursuant to the California Land Conservation Act of 1965. In exchange for restricting the property to agricultural uses for a period of 10 years, the trustee was allowed to reduce the assessed value of the land for purposes of paying property taxes. The estate elected to use the alternate valuation method for estate tax purposes and reported the value of the decedent's interest in the land as $25,000. This value represented one-half of the value of the ranch after the land use restriction was placed upon it, less a lack of marketability discount. The district court stated that, “It seems clear that Congress intended that the character of the property be established for valuation purposes at the date of death. The option to select the alternate valuation date is merely to allow an estate to pay a lesser tax if unfavorable market conditions (as distinguished from voluntary acts changing the character of the property) result in a lessening of its fair market value.” Id. at 98. In *Kohler* v. *Commissioner* , T.C. Memo. 2006-152, the U.S. Tax Court held that valuation discounts attributable to restrictions imposed on closely-held corporate stock pursuant to a post-death reorganization of the Kohler Company should be taken into consideration in valuing stock on the alternate valuation date. In that case, approximately two months after the death of the decedent, the Kohler Company underwent a reorganization that qualified as a tax-free reorganization under section 368(a) and, thus, was not a sale or disposition for purposes of section 2032(a)(1). The estate opted to receive new Kohler shares that were subject to transfer restrictions. The estate elected to use the alternate valuation method under section 2032(a)(2) and took into account discounts attributable to the transfer restrictions on the stock in determining the value for Federal estate tax purposes. In the Internal Revenue Bulletin No. 2008-9 on March 3, 2008, the IRS nonacquiesced to the Tax Court opinion in *Kohler (AOD 2008-1)* . Explanation of Provisions The proposed regulations will amend § 20.2032-1 by restructuring paragraph
(f)of this section to clarify that the election to use the alternate valuation method under section 2032 is available to estates that experience a reduction in the value of the gross estate following the date of the decedent's death due to market conditions, but not due to other post-death events. The term *market conditions* is defined in the proposed regulations and examples are provided, which are not intended to be exclusive. Proposed Effective Date The fourth sentence of § 20.2032-1(f)(2)(i) is applicable to decedents dying after May 1, 1999, subject to transition rules for certain incapacitated individuals. The fifth sentence of § 20.2032-1(f)(2)(i) is applicable to decedents dying after November 30, 1983, subject to transition rules for certain incapacitated individuals. The first, second, and third sentences of § 20.2032-1(f)(2)(i), § 20.2032-1(f)(2)(ii), and all but the last sentence in § 20.2032-1(f)(2) are applicable to decedent's dying after August 16, 1954. When adopted as final regulations, the rules contained in § 20.2032-1(f)(1), § 20.2032-1(f)(3), and the last sentence of § 20.2032-1(f)(2), will be made applicable to estates of decedents dying on or after April 25, 2008. Special Analyses It has been determined that this proposed regulation is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations and, because these regulations do not impose on small entities a collection of information requirement, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Therefore, a Regulatory Flexibility Analysis is not required. Pursuant to section 7805(f) of the Internal Revenue Code, this regulation has been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business. Comments and Requests for a Public Hearing Before these proposed regulations are adopted as final regulations, consideration will be given to any written (a signed original and eight
(8)copies) or electronic comments that are submitted timely to the IRS. The IRS and the Treasury Department also request comments on the clarity of the proposed regulations and how they may be made easier to understand. All comments will be available for public inspection and copying. A public hearing may be scheduled if requested in writing by any person that timely submits written comments. If a public hearing is scheduled, notice of the date, time, and place for the hearing will be published in the **Federal Register** . Drafting Information The principal author of these proposed regulations is Theresa M. Melchiorre, Office of Associate Chief Counsel (Passthroughs and Special Industries). List of Subjects in 26 CFR Part 20 Estate taxes, Reporting and recordkeeping requirements. Proposed Amendments to the Regulations Accordingly, 26 CFR part 20 is proposed to be amended as follows: PART 20—ESTATE TAX; ESTATES OF DECEDENTS DYING AFTER AUGUST 16, 1954 **Paragraph 1.** The authority citation for part 20 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * **Par. 2.** Section 20.2032-1 is amended as follows: 1. Paragraph (f)(1) is redesignated as paragraph (f)(2)(i). 2. Paragraph (f)(2) is redesignated as paragraph (f)(2)(ii). 3. Paragraph
(f)introductory text is redesignated as paragraph (f)(2) introductory text and the last sentence is revised. 4. New paragraphs (f)(1) and (f)(3) are added. 5. The heading for paragraph
(h)is revised and four sentences are added at the end of the paragraph. The additions and revisions read as follows. § 20.2032-1 Alternate valuation.
(f)*Post-death market conditions and other post-death events* —(1) *In general.* The election to use the alternate valuation method under section 2032 permits the property included in the gross estate to be valued as of the alternate valuation date to the extent that the change in value during the alternate valuation period is the result of market conditions. The term *market conditions* is defined as events outside of the control of the decedent (or the decedent's executor or trustee) or other person whose property is being valued that affect the fair market value of the property being valued. Changes in value due to mere lapse of time or to other post-death events other than market conditions will be ignored in determining the value of decedent's gross estate under the alternate valuation method.
(2)*Mere lapse of time.* * * * The application of this paragraph (f)(2) is illustrated in paragraphs (f)(2)(i) and (f)(2)(ii) of this section:
(3)*Post-death events* —(i) *In general* . In order to eliminate changes in value due to post-death events other than market conditions, any interest or estate affected by post-death events other than market conditions is included in a decedent's gross estate under the alternate valuation method at its value as of the date of the decedent's death, with adjustment for any change in value that is due to market conditions. The term *post-death events* includes, but is not limited to, a reorganization of an entity (for example, corporation, partnership, or limited liability company) in which the estate holds an interest, a distribution of cash or other property to the estate from such entity, or one or more distributions by the estate of a fractional interest in such entity.
(ii)*Examples.* The following examples illustrate the application of this paragraph (f)(3). In each example, decedent's (D's) estate elects to value D's gross estate under the alternate valuation method, so that the valuation date of the property included in D's gross estate as of D's date of death is either the date the property is distributed, sold, exchanged, or disposed of under section 2032(a)(1) (the date of distribution (distribution date)) or the date that is 6 months after the date of the decedent's death under section 2032(a)(2) (the six month alternate valuation date (AVD)). Example 1. At D's death, D owned common stock in Corporation, a closely-held subchapter C corporation. At that time, the common stock was not subject to transfer restrictions. D's stock was valued at $50X at the date of death. Two months after D's death, D's estate participated in a tax-free reorganization of Corporation that qualified under section 368(a) with respect to which no gain or loss was recognized for income tax purposes under section 354 or 355. Pursuant to the reorganization, D's estate opted to exchange its stock for stock subject to transfer restrictions. Although the value of the stock did not change during the alternate valuation period, discounts for lack of marketability and lack of control (totaling $20X) were applied in determining the value of the stock held by D's estate on the AVD, and D's estate reported the value of the stock on the AVD as $30X. Because the claimed reduction in value is not attributable to market conditions, the discounts may not be taken into account in determining the value of the stock on the AVD. Accordingly, the value on the AVD is $50X. Example 2. The facts are the same as in *Example 1* except that the value of the stock declined from $50X to $40X during the alternate valuation period because of changes in market conditions during that period. D's estate may report the value of the stock as $40X on the AVD. As in *Example 1* , however, no discounts resulting from the reorganization are allowed in computing the value on the AVD. Example 3. At D's death, D owned property valued at $100X. Two months after D's death, the executor of D's estate and other family members formed four limited partnerships. The estate contributed the estate's property to the partnerships in exchange for a 25% interest in each partnership. Discounts for lack of marketability and lack of control (totaling $25X) were applied in determining the value of the estate's partnership interests, and the estate reported $75X as the total value of the estate's partnership interests on the AVD. Because the reduction in value is not attributable to market conditions, the discounts for lack of marketability and control may not be taken into account in determining the value of the partnership interests on the AVD. The result would be the same if the limited partnerships were formed prior to D's death, and the estate transferred property into the partnerships after D's death but prior to the AVD. Example 4. At D's death, D owned 100% of the units of a limited liability company (LLC). The executor elected the alternative valuation method. During the 6 months following D's death and in accordance with D's will, the executor made 6 distributions, each to a different residuary legatee on a different date and each of a 10% interest in the LLC. Pursuant to section 2032(a)(1), each distribution is valued on the distribution date. On the AVD, the estate held 40% of the units in the LLC. Pursuant to section 2032(a)(2), the 40% is valued on the AVD. In valuing the 10% interests distributed and the 40% interest held on the AVD, discounts for lack of control and lack of marketability were applied. The reduction in value of the units is not attributable to market conditions. Accordingly, the discounts for lack of marketability and control may not be taken into account in determining the value of the units distributed or held by the estate. The value of each 10% distribution is determined by taking 10% of the value on the distribution date of the units (100%) owned by the estate at D's death. The value of the units held by the estate on the AVD is determined by taking 40% of the value on the AVD of all of the units (100%) owned by the estate at D's death. If because of market conditions, the units had declined in value as of each distribution date or as of the AVD, D's estate would take such reduction in value into account. Example 5. D died owning 100% of Blackacre. D's will directs that Blackacre be divided between two trusts, 70% to Trust A for the benefit of S, D's surviving spouse, and 30% to Trust B for the benefit of C, D's surviving child. The executor of D's estate distributed a 70% interest in Blackacre to Trust A three months after D's death, and distributed a 30% interest in Blackacre to Trust B four months after D's death. On the estate tax return, the executor elected to value the estate's property under the alternate valuation method under section 2032. There was no change in the value of Blackacre during the four-month period following D's death. The 70% interest in Blackacre is to be valued as of the distribution date to Trust A, and that value is determined by taking 70% of the value of all (100%) of Blackacre as of the distribution date. The 30% interest in Blackacre is to be valued as of the distribution date to Trust B, and that value is determined by taking 30% of the value of all (100%) of Blackacre as of the distribution date. If, however, because of market conditions such as a decline in the real estate market, Blackacre's value had declined by 10% between D's date of death and the distribution date of the 30% interest, the value of the 30% interest would be determined by ascertaining 30% of the value of all (100%) of Blackacre as of the distribution date, which would equal 30% of 90% of the date of death value of Blackacre.
(h)*Effective/applicability date.* * * * The fourth sentence of paragraph (f)(2)(i) of this section is applicable to decedents dying after May 1, 1999, subject to transition rules for certain incapacitated individuals. The fifth sentence of paragraph (f)(2)(i) of this section is applicable to decedents dying after November 30, 1983, subject to transition rules for certain incapacitated individuals. The first, second, and third sentences of paragraph (f)(2)(i), paragraph (f)(2)(ii), and all but the last sentence in paragraph (f)(2) of this section are applicable to decedents dying after August 16, 1954. When adopted as final regulations, the rules contained in paragraphs (f)(1), (f)(3), and the last sentence of paragraph (f)(2) of this section, will be made applicable to estates of decedents dying on or after April 25, 2008. Linda E. Stiff, Deputy Commissioner for Services and Enforcement. [FR Doc. E8-9025 Filed 4-24-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [USCG-2008-0220] RIN 1625-AA08 Regattas and Marine Parades; Great Lakes Annual Marine Events AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. SUMMARY: The Coast Guard proposes to amend special local regulations for annual regattas and marine parades in the Captain of the Port Detroit zone. This proposed rule is intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after regattas or marine parades. This proposed rule will establish restrictions upon, and control movement of, vessels in a specified area immediately prior to, during, and immediately after regattas or marine parades. DATES: Comments and related materials must reach the Coast Guard on or before May 27, 2008. ADDRESSES: You may submit comments identified by Coast Guard docket number USCG-2008-0220 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: LT Jeff Ahlgren, Waterways Management, U.S. Coast Guard Sector Detroit, 110 Mount Elliot Ave., Detroit, MI 48207;
(313)568-9580. I. 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. A. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG-2008-0220), 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, mailing address, and an e-mail address or other contact information in the body of your document to ensure that you can be identified as the submitter. This also allows us to contact you in the event further information is needed or if there are questions. For example, if we cannot read your submission due to technical difficulties and you cannot be contacted; your submission may not be considered. 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. B. 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,” Enter the docket number for this rulemaking (USCG-2008-0220) 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 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. C. 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.* SUPPLEMENTARY INFORMATION: Public Meeting We do not now plan to hold a public meeting. But you may submit a request for a meeting by writing to Commander, Coast Guard Sector Detroit 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 This proposed rule will remove the specific entries from table 1 found in 33 CFR 100.901, Great Lakes annual marine events that apply to regattas and marine parades in the Captain of the Port Detroit zone and list each regatta or marine parade as a subpart. This proposed rule will also add several regattas and marine parades not previously listed in 33 CFR part 100 and remove several events that no longer occur annually or are not regattas or marine parades. Discussion of Proposed Rule This proposed rule is intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after regattas or marine parades. This proposed rule will establish restrictions upon and control the movement of vessels through a specified area immediately prior to, during, and immediately after regattas or marine parades. The Captain of the Port Detroit will cause notice of enforcement of the special local regulations established by this section to be made by all appropriate means to the affected segments of the public. Such means of notification will include, but is not limited to, Broadcast Notice to Mariners and Local Notice to Mariners. The Captain of the Port Detroit will issue a Broadcast Notice to Mariners notifying the public when enforcement of the special local regulations is terminated. 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. The Coast Guard's use of these special local regulations will be periodic in nature, of short duration, and designed to minimize the impact on navigable waters. These special local regulations will only be enforced immediately before and during the time the marine events are occurring. Furthermore, these special local regulations have been designed to allow vessels to transit unrestricted to portions of the waterways not affected by the special local regulations. The Coast Guard expects insignificant adverse impact to mariners from the activation of these special local regulations. 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 of operators of vessels intending to transit or anchor in the areas designated as special local regulations in paragraphs
(4)through
(13)during the dates and times the special local regulations are being enforced. These special local regulations would not have a significant economic impact on a substantial number of small entities for the following reasons. The special local regulations in this proposed rule would be in effect for short periods of time, and only once per year. The special local regulations have been designed to allow traffic to pass safely around the zone whenever possible and vessels will be allowed to pass through the zones with the permission of the Captain of the Port. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed 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 proposed 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 proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact LT Jeff Ahlgren, Waterways Management, U.S. Coast Guard Sector Detroit, 110 Mount Elliot Ave., Detroit, MI 48207;
(313)568-9580. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. Collection of Information This proposed rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this 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 will not result in such expenditure, we nevertheless discuss its effects elsewhere in this preamble. Taking of Private Property This proposed rule will not affect the 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 proposed rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments The Coast Guard recognizes the treaty rights of Native American Tribes. Moreover, the Coast Guard is committed to working with Tribal Governments to implement local policies and to mitigate tribal concerns. We have determined that these safety zones and fishing rights protection need not be incompatible. We have also determined that this proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does 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. Nevertheless, Indian Tribes that have questions concerning the provisions of this proposed rule or options for compliance are encouraged to contact the point of contact listed under FOR FURTHER INFORMATION CONTACT . 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. List of Subjects in 33 CFR Part 100 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: 33 U.S.C. 1233. § 100.901 [Amended] 2. Amend § 100.901 Table 1 as follows: a. Under the heading “Group Detroit, MI” remove the entries: Bay City Fireworks Display, Detroit APBA Gold Cup Race, Buick Watersports Weekend, Cleveland National Air Show, International Bay City River Roar, International Freedom Festival Fireworks, International Freedom Festival Tug Across the River, Parade of Lights, Port Clinton Offshore Grand Prix, Port Huron to Mackinac Island Race, Thunder on the River Hydroplane Race, Toledo 4th of July Fireworks, and Toledo Labor Day Fireworks; b. Remove the heading “Group Detroit, MI”. § 100.902 [Removed and Reserved] 3. Remove and reserve § 100.902. 4. Add § 100.911 to read as follows: § 100.911 Bay City Airshow, Bay City, MI.
(a)*Regulated Area.* A regulated area is established to include all waters of the Saginaw River bound on the south by a line extending from a point of land on the western shore at position 43°32.2′ N; 083°53.3′ W, east to a point of land on the eastern shore located at position 43°32.2′ N; 083°53.2′ W, and bounded on the north by a line extending from a point of land on the western shore at position 43°33.4′ N; 083°54.5′ W, east to a point of land on the eastern shore located at position 43°33.4′ N; 083°54.3′ W. (NAD 83). This area is south of Middle Ground Island near Clements Municipal Airport.
(b)*Special Local Regulations.* The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander.
(c)*Effective date:* Two days during the second week in August. The exact dates and times for this event will be determined annually. 5. Add § 100.912 to read as follows: § 100.912 Detroit Belle Isle Grand Prix, Detroit, MI.
(a)*Regulated Area.* A regulated area is established to include all waters of the Detroit River near Belle Isle, bounded by a line extending from a point of land on the southern shore of Belle Isle located at position 42°20′00″ N; 082°59′45″ W, to 50 yards offshore at position 42°19′57″; 082°59′43″, and continuing at a distance of 50 yards around the western end of Belle Isle to the Belle Isle Bridge, maintaining a constant distance of 50 yards from the shoreline and terminating at position 42°20′28″; 082°59′43″; on the northern side of Belle Isle, adjacent to a point on land at position 42°20′24″ N; 082°59′48″ W (NAD 83). This area wraps around the downstream end of Belle Isle.
(b)*Special Local Regulations.* The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander.
(c)*Effective Date.* The last weekend in August. The exact dates and times for this event will be determined annually. 6. Add § 100.913 to read as follows: § 100.913 ACORA Garwood Classic Offshore Race, Algonac, MI.
(a)*Regulated Area.* A regulated area is established to include all waters of St. Clair River's North Channel, Algonac, Michigan, bounded by a north/south line beginning at a point of land adjacent to Allen Boats, Algonac, MI (position 42°37′05″ N, 082°33′34″ W) extending to a point of land on Harsens Island (position 42°36′49″ N, 082°33′34″ W) extending east along the shoreline of Harsens Island to north/south line beginning at position 42°37′16″ N, 082°31′11″ W (approx. 500 ft west of the Russell Island buoy) extending north to a point at position 42°37′ 28″ N, 082°31′ 11″ W (approx. 300 ft offshore from the Russell Boat Club), then west along the shoreline of Algonac, MI stopping at the point of origin. (NAD 83).
(b)*Special Local Regulations.* The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander.
(c)*Effective Date.* The first weekend in August. The exact dates and times for this event will be determined annually. 7. Add § 100.914 to read as follows: § 100.914 Trenton Rotary Roar on the River, Trenton, MI.
(a)*Regulated Area.* A regulated area is established to include all waters of the Detroit River, Trenton, Michigan, bounded by an east/west line beginning at a point of land at the northern end of Elizabeth Park in Trenton, MI, located at position 42°8.2′ N; 083°10.6′ W, extending east to a point near the center of the Trenton Channel located at position 42°8.2′ N; 083°10.4′ W, extending south along a north/south line to a point at the Grosse Ile Parkway Bridge located at position 42°7.7′ N; 083°10.5′ W, extending west along a line bordering the Grosse Ile Parkway Bridge to a point on land located at position 42°7.7′ N; 083°10.7′ W, and along the shoreline to the point of origin. (NAD 83). This area is in the Trenton Channel between Trenton and Grosse Isle, MI.
(b)*Special Local Regulations.* The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander.
(c)*Effective Date.* The third week in July. The exact dates and times for this event will be determined annually. 8. Add § 100.915 to read as follows: § 100.915 St. Clair River Classic Offshore Race, St. Clair, MI.
(a)*Regulated Area.* A regulated area is established to include all waters of the St. Clair River, St. Clair, Michigan, bounded by latitude 42°52′00″ N to the north; latitude 42°49′00″ N to the south; the shoreline of the St. Clair River on the west; and the international boundary line on the east (NAD 83).
(b)*Special Local Regulations.* The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander.
(c)*Effective Date.* The last week in July. The exact dates and times for this event will be determined annually. 9. Add § 100.916 to read as follows: § 100.916 Chris Craft Silver Cup Races, Algonac, MI.
(a)*Regulated Area.* A regulated area is established to include all waters of the St. Clair River, North Channel, Algonac, Michigan, bounded on the north by a line starting at the northern end of Russel Island at position 42°37.0′ N; 082°31.4′ W extending across the channel to Algonac to a point at position 42°37.4′ N; 082°31.5′ W, and bounded on the south by a line starting north of Grande Point Cut on Russel Island at position 42°36.3′ N; 082°32.5′ W extending across the channel to Algonac to a point at position 42°36.5′ N; 082°32.6′ W. (NAD 83).
(b)*Special Local Regulations.* The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander.
(c)*Effective Date.* The third week in August. The exact dates and times for this event will be determined annually. 10. Add § 100.917 to read as follows: § 100.917 The Old Club Cannonade, Harsens Island, MI.
(a)*Regulated Area.* A regulated area is established to include all waters of Lake St. Clair in an area bound by the coordinates starting at the cannon firing position located at 42°32.5′ N; 082°40.1′ W extending west to the Old Channel Light located at position 42°32.5′ N; 082°41.6′ W angling northeast to position 42°33.5′ N; 082°40.6′ W then angling southeast to the point of origin creating a triangle shaped safety zone. (NAD 83). This area is near the southern end of Harsens Island in Muscamoot Bay.
(b)*Special Local Regulations.* The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander.
(c)*Effective Date.* The third week in October. The exact dates and times for this event will be determined annually. 11. Add § 100.918 to read as follows: § 100.918 Detroit APBA Gold Cup, Detroit, MI.
(a)*Regulated Area.* A regulated area is established to include all waters of the Detroit River, Belle Isle, Michigan, bound on the west by the Belle Isle Bridge (position 42°20′20″ N, 083°00′00″ W to 42°20′24″ N, 083°59′45″ W), and on the east by a north-south line drawn through Waterworks Intake Crib Light (Light List Number 8350; position 42°21′06″ N, 082°58′00″ W) (NAD 83).
(b)*Special Local Regulations.* The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander.
(c)*Effective Date.* The first or second week in June. The exact dates and times for this event will be determined annually. 12. Add § 100.919 to read as follows: § 100.919 International Bay City River Roar, Bay City, MI.
(a)*Regulated Area.* A regulated area is established to include all waters of the Saginaw River bounded on the north by the Liberty Bridge, located at 43°36.3′ N, 083°53.4′ W, and bounded on the south by the Veterans Memorial Bridge, located at 43°35.8′ N, 083°53.6′ W. (NAD 83).
(b)*Special Local Regulations.* The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander.
(c)*Effective Date.* The third or fourth week in June. The exact dates and times for this event will be determined annually. 13. Add § 100.920 to read as follows: § 100.920 Tug Across the River, Detroit, MI.
(a)*Regulated Area.* A regulated area is established to include all waters of the Detroit River, Detroit, Michigan, bounded on the south by the International boundary, on the west by 083°03′ W, on the east by 083°02′ W, and on the north by the U.S. shoreline (DATUM: NAD 83). This position is located on the Detroit River in front of Hart Plaza, Detroit, MI.
(b)*Special Local Regulations.* The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander.
(c)*Effective Date.* The third or fourth week in June. The exact dates and times for this event will be determined annually. Dated: April 4, 2008. John E. Crowley, Jr., Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District. [FR Doc. E8-8864 Filed 4-24-08; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R09-OAR-2008-0306; FRL-8558-7] Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; State of California; PM-10; Revision of Designation; Redesignation of the San Joaquin Valley Air Basin PM-10 Nonattainment Area to Attainment; Approval of PM-10 Maintenance Plan for the San Joaquin Valley Air Basin; Approval of Commitments for the East Kern PM-10 Nonattainment Area AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve the State of California's request to revise the designation for the San Joaquin Valley
(SJV)serious nonattainment area for particulate matter of ten microns or less (PM-10) (SJV nonattainment area) by splitting the area into two separate nonattainment areas: The San Joaquin Valley Air Basin serious PM-10 nonattainment area and the East Kern serious PM-10 nonattainment area. EPA is also proposing to redesignate the SJVAB nonattainment area to attainment for the PM-10 national ambient air quality standard (NAAQS) and proposing to approve the PM-10 maintenance plan, motor vehicle emissions budgets and conformity trading mechanism for the area. EPA is also proposing to exclude from use in determining that the area has attained the standard two exceedances that EPA has concluded were caused by exceptional events that occurred on July 4, 2007 and January 4, 2008. Finally, EPA is proposing to approve enforceable commitments by the Kern County Air Pollution Control District and the California Air Resources Board to install a PM-10 monitor in the East Kern nonattainment area and to address Clean Air Act requirements under section 189(d) as necessary for the area. DATES: Any comments must arrive by *May 27, 2008* . ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-2008-0306, by one of the following methods: 1. *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the on-line instructions. 2. *E-mail: lo.doris@epa.gov* . 3. *Mail or deliver:* Doris Lo (Air-2), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. *Instructions:* All comments will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through *http://www.regulations.gov* or e-mail. *http://www.regulations.gov* is an “anonymous access” system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. 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. *Docket:* The index to the docket for this action is available electronically at *http://www.regulations.gov* and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Doris Lo, EPA Region IX,
(415)972-3959, *lo.doris@epa.gov.* SUPPLEMENTARY INFORMATION: Throughout this document, “we” “us” and “our” refer to EPA. Table of Contents I. Background II. Summary of EPA's Proposed Actions III. Proposed Revised Boundary Redesignation A. State's Submittal B. EPA's Evaluation of Request to Revise Boundary Designation IV. Proposed Redesignation of the SJV Air Basin to Attainment for the PM-10 Standard and Approval of PM-10 Maintenance Plan A. EPA has determined that the area has attained the NAAQS B. The applicable implementation plan has been fully approved by EPA under section 110(k) of the CAA C. EPA has determined that the improvement in air quality is due to permanent and enforceable reductions in emissions D. The State has met all applicable requirements for the area under section 110 and Part D of the CAA 1. Basic SIP Requirements under CAA Section 110 2. SIP Requirements under Part D E. EPA has fully approved a maintenance plan, including a contingency plan, for the area under section 175A of the CAA 1. An attainment emissions inventory to identify the level of emissions in the area sufficient to attain the NAAQS 2. A demonstration of maintenance of the NAAQS for 10 years after redesignation 3. Verification of continued attainment through operation of an appropriate air quality monitoring network 4. Contingency provisions to promptly correct any violation of the NAAQS that occurs after redesignation of the area F. Transportation conformity and motor vehicle emissions budgets 1. CARB Methodology for Estimating PM-10 in the Emissions Budgets 2. Adequacy of the 2007 Plan's Budgets 3. Trading Mechanism V. Proposed Commitments for East Kern VI. Proposed Actions VII. Statutory and Executive Order Reviews I. Background On May 26, 2004, EPA approved the serious area PM-10 plan for the SJV nonattainment area, “2003 PM10 Plan, San Joaquin Valley Plan to Attain Federal Standards for Particulate Matter 10 Microns and Smaller” submitted by the State on August 19, 2003 and amendments to that plan submitted on December 30, 2003 (collectively, 2003 Plan). See 69 FR 30006; 40 CFR 81.305. This plan provided for, among other things, the implementation of best available control measures (BACM). In addition, since the SJV nonattainment area had failed to meet its original serious area attainment deadline of December 31, 2001, the State was required under section 189(d) of the Clean Air Act (CAA or the Act) to submit a plan that provided for an annual reduction in PM-10 or PM-10 precursors of not less than five percent until attainment. A detailed discussion of the history of PM-10 planning in the SJV nonattainment area and of EPA's approval of the 2003 Plan can be found in its proposed and final actions and the associated dockets. 69 FR 5412 (February 4, 2004); 69 FR 30006. On October 30, 2006, EPA determined that the SJV nonattainment area had attained the 24-hour PM-10 standard 1 based on air quality data from 2003 through 2005. In this action we noted that there were several exceedances of the PM-10 standard that were likely due to exceptional events which EPA would address in subsequent actions. 71 FR 63642. Subsequently EPA issued a final action affirming that the PM-10 standard has been attained in the SJV nonattainment area based on air quality data from 2004 through 2006. 73 FR 14687 (March 19, 2008). 1 The level of the national primary 24-hour ambient air quality standard for particulate matter is 150 micrograms per cubic meter (μg/m 3 ). The standard is attained when the expected number of days per calendar year with a 24-hour average concentration above 150 μg/m 3 , as determined in accordance with appendix K to 40 CFR part 50, is equal to or less than one. See 40 CFR 50.6. On November 16, 2007, the State submitted to EPA the “2007 PM10 Maintenance Plan and Request for Redesignation,” September 20, 2007, for the San Joaquin Valley Air Pollution Control District (SJVAPCD or the District) (2007 Plan). 2 On January 31, 2008, the State submitted a request to split the existing SJV serious PM-10 nonattainment area into two separate nonattainment areas:
(1)The San Joaquin Valley Air Basin and
(2)the western portion of the Kern County Air Pollution Control District (KCAPCD). Letter from James N. Goldstene, California Air Resources Board (CARB), to Deborah Jordan, EPA, with attachments, January 31, 2008 (Goldstene letter). 2 The SJVAPCD District adopted the 2007 Plan on September 20, 2007 and submitted it to the State on September 21, 2007. The State “* * * updated the attainment inventory * * * to reflect emission reductions achieved by ARB adopted measures that had not been accounted for” before submitting the 2007 Plan to EPA on November 16, 2007. (Staff Report, Analysis of the San Joaquin Valley 2007 PM10 Maintenance Plan, Air Resources Board, Release Date: October 12, 2007 (ARB Staff Report), pp. 7-8 and Appendix B). Thus the applicable emissions inventories in the 2007 Plan are found in the ARB Staff Report. On February 29, 2008, the State submitted enforceable commitments by CARB and the KCAPCD to monitor for PM-10 in the western portion of the KCAPCD and to address CAA State Implementation Plan
(SIP)requirements for this area as necessary. Letter from James N. Goldstene, CARB, to Wayne Nastri, EPA, with enclosures, February 29, 2008. Finally, on January 23, 2008, the State submitted to EPA the “Exceptional Event Documentation, PM10, Fireworks, Bakersfield, CA, July 4, 2007” and on April 15, 2008, the State submitted to EPA the “Natural Event Documentation, Bakersfield, California, January 4, 2008.” II. Summary of EPA's Proposed Actions First, EPA is proposing to grant the State's request to split the existing SJV nonattainment area into two separate nonattainment areas. EPA is then proposing to grant the State's request to redesignate the portion of the SJV nonattainment area located in the San Joaquin Valley Air Basin to attainment for the PM-10 standard and to approve the PM-10 maintenance plan, motor vehicle emissions budgets and conformity trading mechanism for the area. EPA is also proposing to exclude from use in determining that the area has attained the PM-10 standard data showing exceedances caused by exceptional events that occurred on July 4, 2007 and January 4, 2008. Finally, EPA is proposing to approve commitments by CARB and the KCAPCD to monitor for PM-10 in the western portion of the KCAPCD and to address CAA SIP requirements for the area as necessary. III. Proposed Revised Boundary Designation A. State's Submittal As stated above, on January 31, 2008, the State submitted a request to EPA to split the existing SJV PM-10 nonattainment area into two separate nonattainment areas:
(1)The San Joaquin Valley Air Basin and
(2)the western portion of the KCAPCD. The State's submittal states that “[t]his change will address the inconsistency between California's adopted air basin boundary for the San Joaquin Valley and the boundary U.S. EPA is using for PM10 planning.” The State's submittal includes information about jurisdiction, geography, population and degree of urbanization, employment and traffic/commuting patterns, and emissions and air quality which supports the revised boundary designation. See Goldstene letter. B. EPA's Evaluation of Request To Revise Boundary Designation The existing SJV nonattainment area includes the entire counties of San Joaquin, Fresno, Kings, Madera, Merced, Stanislaus and Tulare and part of Kern County. The part of Kern County in the existing SJV nonattainment area is a region that straddles the Sierra Nevada and Tehachapi mountains and is located in two separate air basins: the SJV Air Basin and the Mojave Desert Air Basin (MDAB). The dividing line between these two air basins coincides with the jurisdictional boundary between the KCAPCD and the SJVAPCD. This dividing line also coincides with the boundary that we are today proposing to draw between the two nonattainment areas which we are proposing to designate as the SJV Air Basin (SJVAB) PM-10 nonattainment area and the East Kern PM-10 nonattainment area. 3 Thus, if we finalize the revision to the boundary designation, the SJVAB nonattainment area will include only those areas that are in the SJV Air Basin (i.e., all of the seven counties mentioned above and the part of Kern County that is under the jurisdiction of the SJVAPCD) and the East Kern PM-10 nonattainment area will include the part of Kern County that is currently in the existing SJV nonattainment area, is in the MDAB and is under the jurisdiction of the KCAPCD. 4 Together, these two new PM-10 nonattainment areas will cover the same geographic area as the original SJV PM-10 nonattainment area. 3 We are proposing to call the new area “East Kern” because it is the eastern part of Kern County that is currently within the existing SJV nonattainment area. 4 The KCAPCD's jurisdiction also includes the remaining part of Kern County which extends eastward beyond the proposed East Kern area. Under section 107(d)(3)(D) of the CAA, the Governor of any state may, on the Governor's own motion, submit to EPA a revised designation of any area or portion thereof within the state. 5 EPA is required to approve or deny a submittal of a revised designation within 18 months of receipt. The type of revised designation that the State of California submitted on January 31, 2008 involves a boundary change only and does not involve a change in status (e.g., from “nonattainment,” to “attainment” or “unclassifiable”) of any area. 5 Boundary changes are an inherent part of a designation or redesignation of an area under the CAA. See CAA section 107(d)(1)(B)(ii). In determining whether to approve or deny a state's submittal of a request for a revised boundary designation under section 107(d)(3)(D), EPA uses the same factors Congress directed EPA to consider when the Agency initiates a revision to a designation of an area on its own motion under section 107(d)(3)(A). These factors include “air quality data, planning and control considerations, or any other air quality-related considerations the Administrator deems appropriate.” In addition, because the State's revised designation involves nonattainment areas, we also take into account CAA section 107(d)(1)(A), which provides that nonattainment areas are to include the geographic area that does not meet, or that contributes to ambient air quality in a nearby area that does not meet, the NAAQS for a given pollutant. California has provided a compelling technical justification as to why the proposed SJVAB and East Kern nonattainment areas should be designated as separate PM-10 planning areas. A summary of the State's reasoning follows: *Jurisdiction.* The proposed SJVAB area is under the jurisdiction of the SJVAPCD and the proposed East Kern area is under the jurisdiction of the KCAPCD. The proposed revised designation will align the boundary along these jurisdictional lines. This realignment will make the air quality planning and implementation process more efficient and straightforward since the local air pollution control agencies, SJVAPCD and KCAPCD, can only adopt and implement plans and rules in the area for which they have jurisdiction. *Geography.* The East Kern area is in the MDAB, a different air basin than the SJVAB area; it is separated from the SJVAB area by the Sierra Nevada and Tehachapi Mountain Ranges at elevations up to 7,500 feet. The Kern River Valley and the Cummings Valley in the East Kern area are located at approximately 2600 feet and 3800 feet, respectively. These elevations are comparable to other areas in the MDAB and much higher than the average elevation in the western portion of Kern County in the SJVAB which is between 450 and 500 feet. Eastern Kern County, which includes the proposed East Kern nonattainment area, is a vast arid desert while the SJVAB portion of Kern County is part of the urbanized, agricultural, and industrial SJV. The mountains surrounding the SJVAB form a bowl trapping air pollutants in the SJVAB, but the East Kern area is located above the inversion layer which traps air pollutants in the SJVAB and thus, experiences different weather from the SJVAB. *Population and Degree of Urbanization.* There are no major or fast growing population centers in eastern Kern County. Eastern Kern County covers approximately 3800 square miles, with a total population of approximately 131,000 (in 2005) and a low population density of approximately 35 persons per square mile. In the last decade (1995-2005), population increased by 15,000 persons. The Kern River Valley and Cummings Valley, which are in the East Kern area, are sparsely populated; the greater Lake Isabella region in the Kern River Valley has approximately 15,000 inhabitants; and the west Tehachapi area in the Cummings Valley has approximately 13,000 inhabitants. In contrast, the western portion of Kern County in the SJVAB extends over 4400 square miles, includes the urban Bakersfield area, housed 640,000 persons (in 2005), and has a population density of approximately 145 persons per square mile, which is four times the population density of eastern Kern County. In the last decade, the total population in western Kern County grew by 136,000 persons, nine times the population growth in eastern Kern County. *Employment and Traffic/Commuting Patterns.* Eastern Kern County, which includes the proposed East Kern nonattainment area, is not strongly integrated economically with western Kern County. People tend to live and work in eastern Kern County, and because of its geographic isolation there is no convenient commute to cities outside the region. The economy of western Kern is largely based on the oil and agricultural industries. The primary employer in eastern Kern County is the Tehachapi State Prison. Due to the geographic isolation, there is no convenient commute to cities outside the area. In 2005, vehicles traveled approximately 5.1 million miles per day throughout eastern Kern County. In contrast, in western Kern County vehicles traveled approximately 19.8 million miles per day, close to 4 times the average travel in eastern Kern County. Also, eastern Kern residents are not dependent on western Kern for economic activities such as employment, shopping, or other services. There are no significant commute patterns from eastern Kern County into the SJVAB, the MDAB, or the South Coast Air Basin or vice versa. *Emissions.* There are only a handful of major emission sources in eastern Kern County, which includes the proposed East Kern area, and projected source and industrial growth is minimal. Total primary PM-10 emissions as well as nitrogen oxide emissions (NO <sup>X</sup> ), the main precursor of secondary PM-10 in the area, are declining. Major sources of primary PM-10 include the Tehachapi State Prison (11.5 tons per year
(tpy)in 2005), followed by two aggregate operations (9.7 tpy and 8.5 tpy); the two largest NO <sup>X</sup> sources are the Tehachapi State Prison (12.8 tpy) and two natural gas pumps that lift water to Tehachapi (14.8 tpy and 12.2 tpy). In contrast, western Kern County houses 35 major sources of primary PM-10 with emissions over 10 tpy and 47 major sources of NO <sup>X</sup> with emissions over 10 tpy. Compared to the entire SJV PM-10 nonattainment area, sources in all of eastern Kern County contributed only eight percent of the direct PM-10 emissions and eight percent of the NO <sup>X</sup> emissions in 2005. *Air Quality.* The chemical composition of PM-10 in eastern Kern County, which includes the proposed East Kern area, differs significantly from the PM-10 chemical composition in the SJVAB area. While dust is the main component of PM-10 in eastern Kern County, NO <sup>X</sup> has been determined to be the only significant precursor for the SJVAB area. 69 FR 30006. Currently there is no Federal Reference Method
(FRM)or Federal Equivalent Method
(FEM)monitoring of PM-10 in the East Kern area. However, there is an Interagency Monitoring of Protected Visual Environments (IMPROVE) monitor located in the Kern River Valley. This IMPROVE monitor has, since February 2000, consistently measured PM-10 concentrations far below the PM-10 standard. A summary of the maximum PM-10 daily values at the IMPROVE monitor is provided in Table 1 below. Table 1.—Summary of Maximum PM-10 Daily Values for the Domelands IMPROVE Monitor (μ g / m 3 ) Year 1st max 2nd max 3rd max 4th max 2001 33 33 32 32 2002 109 53 49 49 2003 66 42 37 37 2004 52 50 47 45 2005 21 14 6 5 2006 39 36 35 34 Source: IMPROVE Web site, *http://vista.cira.colostate.edu/improve/Default.htm* Based on the factors set forth above, EPA has considered the State's request in accordance with the criteria listed in CAA section 107(d)(3)(A). We find that the State has sufficiently demonstrated that the SJVAB and East Kern should be separate nonattainment areas because they lie in separate air basins, are under different local jurisdictions, have different population densities and growth levels, do not share commute patterns, have different emissions sources and have different types of air pollutants. Pursuant to CAA section 107(d)(3)(D), EPA is therefore proposing to approve the State's request to revise the boundary designation of the existing SJV PM-10 nonattainment area by splitting the area into two separate PM-10 nonattainment areas, the SJVAB and East Kern. As explained below, we are further proposing to redesignate the SJVAB to attainment for PM-10. Pending further air quality monitoring and until such time as the East Kern nonattainment area meets the CAA requirements for redesignation, the East Kern area would be classified as a serious PM-10 nonattainment area. Thus the East Kern nonattainment area would retain the classification and nonattainment designation that applied to it when it was part of the SJV nonattainment area and would likewise retain the attainment determination applicable to that area. In order to address the serious area PM-10 statutory requirements, KCAPCD and CARB have made the enforceable commitments discussed in section V. below. IV. Proposed Redesignation of the SJVAB to Attainment for the PM-10 Standard On November 16, 2007, the State submitted to EPA the 2007 Plan which addresses PM-10 maintenance plan requirements and includes a discussion of how the SJVAB (i.e., the portion of the current nonattainment area under the jurisdiction of the SJVAPCD) meets the CAA redesignation requirements. Section 107(d)(3)(E) of the CAA states that an area can be redesignated to attainment if the following conditions are met:
(1)EPA has determined that the area has attained the NAAQS.
(2)The applicable implementation plan has been fully approved by EPA under section 110(k) of the CAA.
(3)EPA has determined that the improvement in air quality is due to permanent and enforceable reductions in emissions.
(4)The State has met all applicable requirements for the area under section 110 and Part D of the CAA.
(5)EPA has fully approved a maintenance plan, including a contingency plan, for the area under section 175A of the CAA. These requirements are discussed in more detail in a September 4, 1992 EPA Memorandum, “Procedures for Processing Request to Redesignate Areas to Attainment, John Calcagni, Director, Air Quality Management Division” (Calcagni memo). We discuss how these requirements are met for the SJVAB in detail below. A. EPA Has Determined That the Area Has Attained the NAAQS The Calcagni memo states that there are two components involved in meeting this requirement. The first component relies on an analysis of quality-assured ambient air quality data and an ambient air monitoring network that is representative of the area of highest concentrations. For PM-10 in the SJVAB, EPA has reviewed the ambient air quality data and determined and affirmed that the PM-10 NAAQS has been attained for the years 2003 through 2006. See 71 FR 40952, 71 FR 63642, 72 FR 49046 and 73 FR 14687. These determinations also discuss the adequacy of the monitoring network for the SJVAB. EPA has also evaluated the air quality data in EPA's Air Quality System
(AQS)database for 2007 and through February 2008. This data has been included in the docket for this proposed rule. A summary of the 2005-2007 data is provided in Table 2 below. Table 2.—Summary of 2005—2007 PM-10 Attainment Statistics [Based on Federal Reference Method PM-10 monitors] Monitoring site Observed three year 24-hour maximum (μg/m 3 ) Estimated 24-hour exceedance days Attainment status Fresno-Drummond 132 0 Attainment. Fresno-1st Street 117 0 Attainment. Clovis 116 0 Attainment. Bakersfield-Golden State Highway 154 0 Attainment. Bakersfield-California Ave 153 0 Attainment. Oildale 145 0 Attainment. Corcoran 140 0 Attainment. Hanford 142 0 Attainment. Merced 94 0 Attainment. Stockton-Hazelton 82 0 Attainment. Stockton-Wagner 69 0 Attainment. Modesto 96 0 Attainment. Turlock 97 0 Attainment. Visalia 141 0 Attainment. Source: EPA Air Quality System
(AQS)Database. One exceedance of the PM-10 standard was recorded at the Bakersfield-Golden FEM 6 on July 4, 2007. The State has flagged this exceedance as being caused by an exceptional event, fourth of July fireworks celebrations. EPA has reviewed the documentation for this event and has concurred with the State's request. Letter from Wayne Nastri, EPA, to Mary D. Nichols, California Environmental Protection Agency, April 21, 2008. For 2008, one exceedance of the PM-10 standard was recorded also at the Bakersfield-Golden federal equivalent monitor 7 on January 4. The State has flagged this exceedance as being caused by an exceptional event, high winds. EPA has reviewed the documentation for this event and has concurred with the State's request. Letter from Wayne Nastri, EPA, to Mary D. Nichols, California Environmental Protection Agency, April 21, 2008. 6 The Bakersfield-Golden monitoring site includes a special purpose FEM known as a Tapered Element Oscillating Microbalance
(TEOM)continuous automated analyzer. The exceedances on July 4, 2007 and January 4, 2008 were recorded on the TEOM. Data are collected at the site using both a TEOM, which provides continuous PM-10 data for public reporting purposes, and a high-volume FRM. The FRM operates at a less than everyday schedule, as allowed by EPA regulations, and was not operating on July 4, 2007 or January 4, 2008. 7 See footnote 6 above. Under EPA's Exceptional Events Rule, the Agency may exclude data from regulatory determinations related to exceedances or violations of the NAAQS if the state adequately demonstrates that an exceptional event caused the exceedance or violation. 40 CFR Sections 50.1, 50.14. Therefore, for the reasons set forth in the concurrence letters, EPA is proposing to exclude data showing exceedances on July 4, 2007 and January 4, 2008 in determining whether the SJVAB has continued to attain the PM-10 standard in 2007 and through February 2008. The concurrence letters explain how the State has met its burden to demonstrate that these exceedances qualify as exceptional events. Thus, EPA believes that according to the ambient air monitoring data for the SJVAB, the PM-10 NAAQS has been attained. The second component that may be included in the showing that a PM-10 area has met the requirement that the NAAQS has been attained involves an analysis using air quality modeling. This component is addressed under the maintenance plan requirements discussion below. B. The Applicable Implementation Plan Has Been Fully Approved by EPA Under Section 110(k) of the CAA The Calcagni memo states that the SIP for the area must be fully approved under section 110(k) of the CAA and must satisfy all requirements that apply to the area. Section 107(d)(3)(E)(ii). As stated above, on August 19, 2003 and December 30, 2003, the State submitted the 2003 Plan. This plan addressed all applicable requirements for the SJV serious PM-10 nonattainment area. On May 24, 2004, EPA approved all components of the 2003 Plan except for the plan's contingency measures. EPA may rely on prior SIP approvals in approving a redesignation request. See Calcagni memo, p. 3; *Southwestern Pennsylvania Growth Alliance* v. *Browner,* 144 F.3d 984, 989-990 (6th Cir. 1998), *Wall* v. *EPA,* 265 F.3d 526 (6th Cir. 2001). The contingency measure requirement under CAA section 172(c)(9) was subsequently suspended on October 30, 2006 pursuant to EPA's determination of attainment under its Clean Data Policy. See 71 FR 63642, 63663. Thus, since contingency measures are no longer a required element for the SJVAB, all applicable requirements have been approved under 110(k) of the CAA. See also section IV.D. below. C. EPA Has Determined That the Improvement in Air Quality Is Due to Permanent and Enforceable Reductions in Emissions The Calcagni memo states that the state must be able to reasonably attribute the improvement in air quality to emission reductions which are permanent and enforceable, (CAA section 107(d)(3)(E)(iii)) and the improvement should not be a result of temporary reductions (e.g., economic downturns or shutdowns) or unusually favorable meteorology. In making this showing, the state should estimate the emission reductions from adopted and implemented Federal, State and local control measures, and consider the emission rates, production capacities, and other related information to show that the air quality improvements are the result of implemented controls. The 2007 Plan provides a discussion and comparison of the air quality, meteorology and emissions trends since 1990. See 2007 Plan, pp. 23-28. First, the 2007 Plan discusses the significant improvements in PM-10 air quality since 1990, noting that from 1990 to 1992 there were 33 estimated exceedance days, from 1998 to 2000 there were 5.9 exceedance days and from 2002 to 2004 there were 2.9 exceedance days. Id. Next the 2007 Plan states that this improvement has occurred while air quality plans and regulations have been adopted and notes that in the late 1980's, before the adoption of plans and regulations, “* * * it was not uncommon to have 50 or more estimated annual exceedances of the 24-hour PM10 standard [with] peak measurements well above 250 micrograms per cubic meter (μg/m 3 ), and annual averages of 80 μg/m 3 .” Id. The 2007 Plan also states that since 1990 the Valley has experienced rapid economic growth, citing to increases in population and vehicle miles traveled (2007 Plan, p. 26, Figure 3), while at the same time the PM-10 and PM-10 precursor emissions were decreasing (2007 Plan, p. 26, Figure 4). The 2007 Plan also did not find any major sector-wide shutdowns, identifying at most “* * * about 2 tons per day of PM-10 reductions from shutdowns during the attainment period of interest.” 2007 Plan, p. 25. Thus, it does not appear that the air quality improvements were due to any economic downturns or shutdowns. The 2007 Plan also provides an analysis of the meteorological conditions, including wind speeds, precipitation, temperature and atmospheric stability, to determine if there were any favorable meteorological conditions that may have led to the improvement in air quality during 2003-2006. 2007 Plan, p. 27 and Appendix C. The 2007 Plan found that compared to long-term averages, the period from 2003 to 2006 had: No variation in average annual wind speeds; a higher than average level of precipitation with two dry years (2003 and 2004) and two wet years (2005 and 2006); warmer than average temperatures; and a lower than average stability level. The higher than average precipitation would favor lower PM-10 levels, but it is important to note that 2003 and 2004 were in fact dry years, ranking 98th and 122nd in wetness over a period of 128 years (1878 to 2006). The higher than average temperature could have increased the potential for high PM-10 levels, but the higher stability level could have decreased the potential by providing more dispersion. The 2007 Plan concludes that these analyses indicate that there is no consistent pattern to show that there was favorable meteorology leading to the improvement in PM-10 levels during 2003 to 2006. *Id.* The 2007 Plan further states that the SJVAPCD has adopted over 500 new rules and amendments since 1992, many of which are for the purpose of reducing PM-10 or PM-10 precursor emissions. The 2007 Plan shows that all of the rules and commitments in the 2003 Plan have been adopted by the SJVAPCD and many of them have been approved by EPA and are thus federally enforceable. The SJVAPCD has adopted rules which control NO <sup>X</sup> and PM-10 emissions from cotton gins, boilers, steam generators, and process heaters, agricultural sources, dryers, dehydrators and ovens, glass melting furnaces, fugitive dust sources, open burning and other source categories. 2007 Plan, p. 27 and Appendix B. In addition, the State has adopted measures to meet its commitments in the 2003 Plan to achieve 10 tons per day
(tpd)of NO <sup>X</sup> reductions and 0.5 tpd of PM-10 reductions. 2007 Plan, p. 17. The air quality improvements described above can be attributed to the reductions in NO <sup>X</sup> and PM-10 emissions achieved by these measures. The 2007 Plan shows decreases in the emissions inventories for the SJVAB from approximately 1000 tpd in 2000 to approximately 900 tpd in 2005 and to approximately 800 tpd in 2010. ARB Staff Report, Appendix B. As discussed further in Section E.1. below, the emissions inventories are a summary of all source categories in the SJVAB and are developed based on information about emission rates, production capacities, and other source-related information. The emissions inventories in the 2007 Plan also include reductions from adopted and implemented Federal, State and local control measures. ARB Staff Report, Appendix B. EPA believes that the 2007 Plan has demonstrated that the improvement in PM-10 air quality for the SJVAB is a result of permanent and enforceable reductions in emissions and the improvement is not a result of temporary reductions or unusually favorable meteorology. The fact that, as discussed above, there were no economic downturns, shutdowns or meteorology impacting air quality and that the number of exceedance days and the estimated emissions have decreased over time while the population and vehicle miles traveled in the SJVAB have increased shows that the improvement in air quality can reasonably be attributed to the adoption of air quality plans and regulations during this time. D. The State Has Met All Applicable Requirements for the Area Under Section 110 and Part D of the CAA The Calcagni memo states that a state must meet those requirements of section 110 and part D of the CAA that were applicable prior to the submittal of the redesignation request. CAA section 107(d)(3)(E)(v). 1. Basic SIP Requirements Under CAA Section 110 The general SIP elements and requirements set forth in section 110(a)(2) include, but are not limited to, the following: Submittal of a SIP that has been adopted by the state after reasonable public notice and hearing; provisions for establishment and operation of appropriate procedures needed to monitor ambient air quality; implementation of a source permit program; provisions for the implementation of part C requirement for Prevention of Significant Deterioration (PSD); provisions for the implementation of part D requirements for New Source Review
(NSR)permit programs; provisions for air pollution modeling; and provisions for public and local agency participation in planning and emission control rule development. On numerous occasions over the past 35 years, CARB and the SJVAPCD have submitted and we have approved provisions addressing the basic CAA section 110 provisions. There are no outstanding or disapproved applicable section 110 SIP submittals with respect to the State and the SJVAPCD. 8 We propose to conclude that CARB and SJVAPCD have met all SIP requirements for the SJVAB area applicable for purposes of redesignation under section 110 of the CAA (General SIP Requirements). 8 The applicable California SIP for the SJV nonattainment area can be found at: *http://yosemite.epa.gov/r9/r9sips.nsf/Casips?readform&count=100&state=California.* Moreover, we note that SIPs must be fully approved only with respect to applicable requirements for purposes of redesignation in accordance with CAA section 107(d)(3)(E)(ii). Thus, for example, CAA section 110(a)(2)(D) requires that SIPs contain certain measures to prevent sources in a state from significantly contributing to air quality problems in another state. However, the section 110(a)(2)(D) requirements for a state are not linked with a particular nonattainment area's designation and classification in that state. EPA believes that the requirements linked with a particular nonattainment area's designation and classifications are the relevant measures to evaluate in reviewing a redesignation request. The transport SIP submittal requirements, where applicable, continue to apply to a state regardless of the designation of any one particular area in the state. Thus, we do not believe that these requirements should be construed to be applicable requirements for purposes of redesignation. In addition, EPA believes that the other section 110 elements not connected with nonattainment plan submissions and not linked with an area's attainment status are not applicable requirements for purposes of redesignation. The State will still be subject to these requirements after the SJVAB area is redesignated. The section 110 and part D requirements, which are linked to a particular area's designation and classification, are the relevant measures to evaluate in reviewing a redesignation request. This policy is consistent with EPA's existing policy on applicability of the conformity SIP requirement for redesignations. See Reading, Pennsylvania proposed and final rulemakings at 61 FR 53174-53176 (October 10, 1996), 62 FR 24816 (May 7, 1997); Cleveland-Akron-Lorain, Ohio final rulemaking at 61 FR 20458 (May 7, 1996); and Tampa, Florida final rulemaking at 60 FR 62748 (December 7, 1995). See also the discussion of this issue in the Cincinnati redesignation at 65 FR 37890 (June 19, 2000), and in the Pittsburgh redesignation at 66 FR 50399 (October 19, 2001). EPA believes that section 110 elements not linked to the area's nonattainment status are not applicable for purposes of redesignation. 2. SIP Requirements Under Part D Subparts 1 and 4 of part D, title 1 of the CAA contain air quality planning requirements for PM-10 nonattainment areas. Subpart 1 of part D contains general requirements for areas designated as nonattainment. Subpart 4 of part D contains specific planning and scheduling requirements for particulate matter nonattainment areas. Subpart 4 of part D, section 189(a),
(b)and
(c)requirements apply to moderate and serious PM-10 nonattainment areas and 189(d) applies to areas which failed to attain by their serious area deadline. These requirements include:
(1)An approved permit program for construction of new and modified major stationary sources;
(2)provisions to ensure that reasonably available control technology
(RACT)and reasonably available control measures
(RACM)are implemented;
(3)provisions to ensure that best available control measures
(BACM)are implemented;
(4)quantitative milestones to be achieved every 3 years and which demonstrate reasonable further progress
(RFP)toward attainment by the applicable attainment date;
(5)provisions to ensure that the control requirements applicable to major stationary sources of PM-10 also apply to major stationary sources of PM-10 precursors except where the Administrator determined that such sources do not contribute significantly to PM-10 levels which exceed the NAAQS in the area; and(6) a demonstration of attainment and an annual PM-10 or PM-10 precursor reduction of not less than five percent from the most recent emission inventory until attainment. In addition to these specific requirements for serious PM-10 nonattainment areas, nonattainment areas must also meet the general planning requirements in subpart 1, section 172(c). These requirements include, among other things, provisions for the implementation of RACT, RFP, emissions inventories, and contingency measures. For the SJVAB, EPA determined that these requirements were met in its approval of the 2003 Plan with the exception of the contingency measure requirement that was subsequently suspended by the determination of attainment in accordance with EPA's Clean Data Policy and the NSR permit program for construction of new and modified major stationary sources. 69 FR 30006 and 71 FR 63642. EPA fully approved SJVAPCD NSR rules 2020 and 2201 on May 17, 2004 (69 FR 27837). Recently we proposed to:
(1)Correct aspects of that approval, and
(2)approve revisions to the NSR rules that explicitly exempt certain small or minor agricultural sources from permitting requirements. 73 FR 9260 (February 20, 2008). In this proposed rulemaking, we stated that “we believe that the adoption of the proposed revisions in place of the SIP as proposed to be corrected would not result in any change in emissions, any change in air quality, or any change in the area's ability to attain or maintain the NAAQS. Accordingly, we conclude that this SIP revision, if approved, will not interfere with any applicable requirements for attainment and reasonable further progress or any other applicable requirement of the CAA and is approvable under section 110(l).” 73 FR 9265. Although the SJVAPCD NSR program has been approved, and we have proposed approval of revisions to the rule, we also note that final approval of the NSR revisions is not a necessary prerequisite to finalizing our proposed approval of the State's redesignation request. EPA has determined in past redesignations that a NSR program does not have to be approved prior to redesignation, provided that the area demonstrates maintenance of the standard without part D NSR in effect. The rationale for this position is described in a memorandum from Mary Nichols, Assistant Administrator for Air and Radiation, dated October 14, 1994, entitled “Part D NSR Requirements or Areas Requesting Redesignation to Attainment.” See the more detailed explanations in the following redesignation rulemakings: Detroit, MI (60 FR 12467-12468, March 7, 1996); Cleveland-Akron-Lorrain, OH (61 FR 20458, 20469-20470, May 7, 1996); Louisville, KY (66 FR 53665, 53669, October 23, 2001); Grand Rapids, MI (61 FR 31831, 31836-31837, June 21, 1996). The requirements of the PSD program will apply once the area has been redesignated. Thus, new major sources with significant PM-10 emissions and major modifications of PM-10 at major sources as defined under 40 CFR 52.21 will be required to obtain a PSD permit. Currently, EPA is the PSD permitting authority in the SJVAB under a Federal implementation plan. See 40 CFR 52.270. However, the SJVAPCD can implement the Federal PSD program through a delegation agreement with EPA or, assuming that the SJVAPCD makes necessary modifications to its PSD rules, under an EPA-approved rule. With respect to the conformity requirement, section 176(c) of the CAA requires states to establish criteria and procedures to ensure that Federally supported or funded projects “conform” to the air quality planning goals in the applicable SIP. The requirement to determine conformity applies to transportation plans, programs and projects developed, funded or approved under Title 23 U.S.C. and the Federal Transit Act (“transportation conformity”) as well as to other Federally supported or funded projects (“general conformity”). State conformity revisions must be consistent with Federal conformity regulations relating to consultation, enforcement and enforceability that the CAA required the EPA to promulgate. EPA believes it is reasonable to interpret the conformity SIP requirements as not applying for purposes of a redesignation request under section 107(d) because state conformity rules are still required after redesignation and Federal conformity rules apply where state rules have not been approved. See *Wall* v. *EPA* , 265f 3d 426 (6th Cir. 2001), upholding this interpretation. See, also, 60 FR 62748 (December 7, 1995). Thus, EPA concludes that the State has met all requirements applicable under section 110 and part D for the SJVAB for purposes of redesignation. CAA Section 107(d)(3)(E)(v). E. EPA Has Fully Approved a Maintenance Plan, Including a Contingency Plan, for the Area Under Section 175A of the CAA Section 175A of the CAA provides the requirements for maintenance plans. These requirements are further clarified in the Calcagni memo. The provisions to be included in maintenance plans are:
(1)An attainment emissions inventory to identify the level of emissions in the area sufficient to attain the NAAQS;
(2)A demonstration of maintenance of the NAAQS for 10 years after redesignation;
(3)Verification of continued attainment through operation of an appropriate air quality monitoring network; and
(4)Contingency provisions that EPA deems necessary to assure that the State will promptly correct any violation of the NAAQS that occurs after redesignation of the area. We discuss how these requirements are met for the SJVAB below. 1. An Attainment Emissions Inventory To Identify the Level of Emissions in the Area Sufficient To Attain the NAAQS Section 172(c)(3) of the CAA requires all plan submittals to include a comprehensive, accurate, and current inventory of actual emissions from all sources in the nonattainment area. In demonstrating maintenance in accordance with CAA section 175A and the Calcagni memo, the state should provide an attainment emissions inventory to identify the level of emissions in the area sufficient to attain the NAAQS. Where the state has made an adequate demonstration that air quality has improved as a result of the SIP, the attainment inventory will generally be an inventory of actual emissions at the time the area attained the standard. EPA's primary guidance in evaluating these inventories is the document entitled, “PM-10 Emissions Inventory Requirements,” EPA, OAQPS, EPA-454/R-94-033 (September 1994) which can be found at: *http://www.epa.gov/ttn/chief/eidocs/pm10eir.pdf.* The 2007 Plan includes detailed emissions inventories for NO <sup>X</sup> , directly emitted PM-10, volatile organic compounds
(VOC)and oxides of sulfur (SO <sup>X</sup> ). 9 The emissions inventories are projected from a 2002 baseyear inventory because it was the most comprehensive inventory available. The baseyear inventory meets the CAA requirement for a comprehensive, accurate and current inventory and is used as the basis for forecasting future year inventories. 9 The 2007 Plan's emissions inventories are found in Appendix B of the ARB Staff Report. As mentioned above and in the ARB Staff Report, the State “* * * updated the attainment inventory * * * to reflect emission reductions achieved by ARB adopted measures that had not been accounted for” before submitting the 2007 Plan to EPA on November 16, 2007. The 2007 Plan includes projected inventories for 2005, 2010 and 2020 for NO <sup>X</sup> , PM-10, VOC and SO <sup>X</sup> . The baseyear and projected year inventories all include a detailed breakdown of the stationary and mobile source emissions categories. The emissions for each of the categories are estimated based on the best available information on number of sources, size of sources, growth, control measures, emissions factors, and other criteria. The 2007 Plan selects the 2005 PM-10 and NO <sup>X</sup> inventories as the attainment emission inventories because the SJV nonattainment area first attained the PM-10 standard during 2003-2005 (and continues to attain the standard through February 2008). 2007 Plan, pp. 5-6. The 2007 Plan also includes inventories for VOC and SOx; however, EPA has determined that NO <sup>X</sup> is the only significant PM-10 precursor for the SJV nonattainment area and thus the proposed SJVAB. 69 FR 30006. Table 3 summarizes the 2007 Plan's NO <sup>X</sup> and PM-10 emissions. Table 3.—Annual PM-10 and NO <sup>X</sup> Emissions (Tons Per Day) 2007 Plan (ARB Staff Report, Appendix B) 2005 2010 2020 PM-10 284 282 290 NO <sup>X</sup> 606 521 328 The NO <sup>X</sup> emission inventory continues to be reduced substantially in the future. While the PM-10 emission inventory is projected to increase slightly in 2020, we believe the increase is insignificant when compared to the substantial NO <sup>X</sup> decreases. See 2007 Plan, pp. 5-6 and Appendix B of the ARB Staff Report. EPA believes that the selection of 2005 for the attainment year inventory and 2020 for the maintenance year inventory is appropriate since the SJVAB was determined to have attained the PM-10 NAAQS in 2005. We have reviewed the 2007 Plan's attainment year and maintenance year emissions inventories and determined that they are accurate and comprehensive and meet the requirements of EPA guidance and the CAA. 2. A Demonstration of Maintenance of the NAAQS for 10 Years After Redesignation Section 175A of the CAA requires a demonstration of maintenance of the NAAQS for 10 years after designation. A state may generally demonstrate maintenance of the NAAQS by either showing that future emissions of a pollutant or its precursors will not exceed the level of the attainment inventory, or by modeling to show that the future anticipated mix of sources and emission rates will not cause a violation of the NAAQS. Under the Act, the showing should be based on the same level of modeling used for the attainment demonstration required as part of the approved attainment plan. Consistent with EPA's modeling guidance (The Guideline on Air Quality Models (GAQM), 40 CFR part 51, Appendix W and the PM-10 SIP Development Guideline (PMSDG), EPA 450/2-86-001, June 1987), the 2003 Plan's attainment demonstration was based on the use of two receptor models: Chemical Mass Balance
(CMB)and rollback. 69 FR 5412, 5424-5425 and 69 FR 30006. The 2007 Plan also uses CMB and rollback to demonstrate maintenance of the 24-hour PM-10 standard until 2020. 10 See 2007 Plan, pp. 6-11. The results of the modeling show that all monitoring sites in the SJVAB nonattainment area will be below the NAAQS in 2020, with the highest projected value of 134 μg/m 3 at Bakersfield-Golden and Corcoran. See 2007 Plan, Table 2. 10 The 2007 Plan also includes a maintenance demonstration for the annual PM-10 standard; however, the annual PM-10 standard was revoked effective December 18, 2006. 71 FR 61144 (October 17, 2006). Therefore we do not address this demonstration here. In addition to the modeling for the maintenance plan, the 2007 Plan shows that total annual emissions of NO <sup>X</sup> will decrease from 606 tpd in 2005 to 521 tpd in 2010 and 328 tpd in 2020 and total annual emissions of PM-10 will decrease from 284 tpd in 2005 to 282 tpd in 2010 and slightly increase to 290 tpd in 2020. As discussed above, the emissions inventories meet EPA requirements and the general decline in inventories provides assurance that the SJVAB will maintain its attainment levels through 2020. Based on our review of the information presented in the 2007 Plan, we believe that the State has met EPA requirements for demonstrating maintenance of the PM-10 standard for the SJVAB. 3. Verification of Continued Attainment Through Operation of an Appropriate Air Quality Monitoring Network In demonstrating maintenance, continued attainment of the NAAQS can be verified through operation of an appropriate air quality monitoring network. The Calcagni memo states that the maintenance plan should contain provisions for continued operation of air quality monitors that will provide such verification. The memo also states that states should ensure that they have the legal authority to implement and enforce all measures necessary to attain and to maintain the NAAQS. Finally, the memo states that the state submittal should indicate how it will track the progress of the maintenance plan (e.g., with periodic emissions inventory updates or modeling input updates) and monitor the triggers for contingency measures. In the 2007 Plan the SJVAPCD commits to continued operation of its air quality monitoring network for verification of attainment. See 2007 Plan, pp. 12-13. The SJVAPCD's authority to continue operating after redesignation to attainment is provided for in the California Health and Safety Code sections 40150 and 40161. *Id.* at 15. The SJVAPCD also plans to verify continued attainment of the PM-10 standard through an annual report to its Board which will include, among other things, tracking of adoption and implementation of control measures, tracking of air quality data and comparison of predicted versus current emissions reductions estimates. *Id.* As discussed further below, since the SJVAPCD has selected a contingency measure trigger that is based on ambient air quality levels, the continued operation of the monitoring network and tracking of its data will provide adequate notice of when contingency measures are needed. 4. Contingency Provisions to Promptly Correct Any Violation of the NAAQS That Occurs After Redesignation of the Area Contingency provisions are required under section 175A of the CAA. These contingency measures are distinguished from those generally required for nonattainment areas under section 172(c)(9) in that they are not required to be fully adopted measures that will take effect without further action by the State in order for the maintenance plan to be approved. The Calcagni memo states that the contingency provisions of the maintenance plan should clearly identify the measures to be adopted, a schedule and procedure for adoption and implementation, and a specific time limit for action by the state. The memo also states that the contingency provisions should identify indicators or triggers which will be used to determine when the contingency measures need to be implemented. While the memo suggests inventory or monitoring indicators, it states that contingency provisions will be evaluated on a case-by-case basis. Finally, the Calcagni memo states that the contingency provisions must require the state to implement all measures contained in the part D nonattainment plan for the area prior to redesignation. The 2007 Plan selects an action level or trigger based on an exceedance of the PM-10 NAAQS of 155 μg/m 3 . 11 See 2007 Plan, p. 16. In addition, the District may also consider other factors such as a succession of values just below but near the level of the PM-10 standard. *Id.* EPA believes that an exceedance of 155 μg/m 3 is an appropriate trigger level. The SJVAB has several continuous PM-10 monitors, and a single measurement of 155 μg/m 3 at one of these monitors would not constitute a violation of the PM-10 NAAQS. Even if a measurement of 155 μg/m 3 is recorded at a one-in-six day FEM, a violation is not necessarily being recorded as the State might need to evaluate the possibility that the measurement is due to an exceptional event. 11 An exceedance is defined as a daily value that is above the level of the 24-hour standard (150 μg/m 3 ) after rounding to the nearest 10 μg/m 3 (i.e. values ending in 5 or greater are to be rounded up). Thus, a recorded value of 154 μg/m 3 would not be an exceedance since it would be rounded to 150 μg/m 3 whereas a recorded value of 155 μg/m 3 would be an exceedance since it would be rounded to 160 μg/m 3 . See 40 CFR part 50, appendix K, section 1.0. The 2007 Plan states that if the SJVAB monitors an exceedance of 155 μg/m 3 , the District commits to take appropriate action within 18 months of the exceedance date. This action will first involve a determination of whether the exceedance was due to an exceptional event in accordance with EPA's Exceptional Events Rule and an analysis of what caused the exceedance and the necessary controls to address it. *Id.* If the exceedance is not due to an exceptional event, the District commits to determine the possible causes of the exceedance and to determine if emissions reductions from adopted measures that are not needed to maintain the PM-10 NAAQS are available to serve as contingency measures. These measures can be found in the SJVAPCD's 2007 Ozone Plan (April 30, 2007) and the SJVAPCD's Proposed 2008 PM2.5 Plan (March 13, 2008) and include more stringent controls on open burning, gas turbines, boilers, glass melting, residential water heaters, wood burning fireplaces and heaters and commercial charbroiling. See Table 6-1 of SJVAPCD's 2007 Ozone Plan and Table 6-3 of SJVAPCD's Proposed 2008 PM2.5 Plan. If there are no reductions available from adopted measures, the District commits in the 2007 Plan to proceed with identifying control measures from feasibility studies such as those found in its 2007 Ozone Plan and Proposed 2008 PM2.5 Plan (see Table 6-2 of 2007 Ozone Plan and Table 6-5 of Proposed PM2.5 Plan) and prioritize measures most relevant for reducing PM-10 emissions. 2007 Plan, pp. 16-17. The SJVAPCD has also provided clarification that if additional control measures are necessary, the SJVAPCD will adopt and implement the control measures within the 18-month timeframe for appropriate action. Letter from Seyed Sadredin, SJVAPCD, to Deborah Jordan, EPA, April 17, 2008. Finally, the 2007 Plan states that the State, District and local governments have adopted and implemented all measures in the 2003 Plan. 2007 Plan, p. 17 and Appendix B. Based on the discussion above and EPA's review of the 2007 Plan, we believe the plan adequately addresses the contingency measure requirement under section 175A of the CAA. Conclusion Based on our review of the 2007 Plan, and for the reasons discussed above, we conclude that the CAA section 107(d)(3)(E) requirements for redesignation to attainment and an approvable maintenance plan for the SJVAB have been met. We are therefore proposing to approve the 2007 Plan as meeting the requirements of section 175A of the CAA and proposing to redesignate the SJVAB nonattainment area to attainment for the PM-10 NAAQS. F. Transportation Conformity and Motor Vehicle Emissions Budgets Under section 176(c) of the CAA, transportation plans, programs and projects in the nonattainment or maintenance areas that are funded or approved under title 23 U.S.C. and the Federal Transit Laws (49 U.S.C. Chapter 53) must conform to the applicable SIP. In short, a transportation plan and program are deemed to conform to the applicable SIP if the emissions resulting from the implementation of that transportation plan and program are less than or equal to the motor vehicle emissions budget
(MVEB)established in the SIP for the attainment year, maintenance year and other analysis years. See, generally, 40 CFR part 93. The 2007 Plan provides for attainment year MVEBs for 2005 and maintenance year MVEBs for 2020. 12 The 2005 attainment year MVEBs will replace the current MVEBs for 2008 and 2010 from the 2003 Plan. See 40 CFR 93.118(a). 12 See footnotes 2 and 9 above. Before an emissions budget in a submitted SIP revision may be used in a conformity determination, we must first determine that it is adequate. The criteria by which we determine whether a SIP's motor vehicle emissions budgets are adequate for transportation conformity purposes are outlined in 40 CFR 93.118(e)(4). We have described our process for determining the adequacy of submitted SIP budgets in the preamble to revisions to EPA's conformity regulations. 69 FR 40004 (July 1, 2004). Applicability of emission trading between conformity budgets for conformity purposes is described in 40 CFR 93.124(b). 1. CARB Methodology for Estimating PM-10 in the Emissions Budgets CARB's mobile source emission model, EMFAC2007, was used to estimate direct PM-10 and NO <sup>X</sup> emissions from motor vehicles in the 2007 Plan. EMFAC2007 was approved by EPA on January 18, 2007 (72 FR 733464), for use in SIPs and transportation conformity analyses. EMFAC2007 produces emissions for a wide range of motor vehicles (passenger cars, trucks, motorcycles, buses and motor homes) for calendar years out to 2040. Particulate emissions include tire and brake wear as well as vehicle exhaust and evaporative emissions. The methodology used in the 2007 Plan to estimate fugitive dust ( *e.g.* , paved and unpaved road emissions) is consistent with the methods previously approved in EPA's action on the 2003 Plan. 69 FR 30006 and 69 FR 5412, 5414. No further action is required to approve these methodologies for use in future transportation conformity determinations in the SJVAB. 2. Adequacy of the 2007 Plan's Budgets The 2007 Plan includes county by county subarea motor vehicle emissions budgets for 2005 and 2020 for direct PM-10 and NO <sup>X</sup> . The 2007 Plan budgets are first summarized in Table 6, “Revised Motor Vehicle Emission Budgets for the Attainment Year, (tons per average annual day),” and in Table 7, “Motor Vehicle Emission Budgets for Maintenance of PM10 NAAQS, (tons per average annual day),” of the 2007 Plan; however, these estimates were updated by CARB, based on updated vehicle activity data, and the updated budgets were included in the ARB Staff Report (p. 12) as part of the 2007 Plan submittal to EPA. Thus, the budgets found on page 12 of ARB Staff Report supercede the budgets in Tables 6 and 7 of the locally adopted 2007 Plan. See November 16, 2007 submittal letter from James N. Goldstene, CARB, to Wayne Nastri, EPA, enclosure “V. Updated transportation conformity budgets and supporting documentation.” Table 4 below reflects the updated and submitted transportation conformity budgets for the 2007 Plan. The direct PM-10 budgets include emissions of re-entrained dust from motor vehicle travel on paved and unpaved roads, vehicular exhaust, vehicle brake and tire wear, and emissions from highway and transit project construction. The emissions budgets for NO <sup>X</sup> include only exhaust from on-road vehicles. Since the 2007 Plan does not consider VOC to be a significant contributor to the PM-10 nonattainment problem, in accordance with 40 CFR 93.102(b)(2)(iii), no VOC budgets are included. Additional details regarding the budgets are presented in the 2007 Plan, Appendix D, “Detailed Conformity Calculations.” Based on our evaluation of the criteria outlined in section 93.118(e)(4) of the conformity rule, EPA proposes to find the PM-10 and NO <sup>X</sup> motor vehicle emissions budgets contained in the 2007 Plan (and in Table 4 below) adequate and proposes to approve them. EPA proposes to approve the budgets because they come from a SIP which EPA concludes demonstrates timely attainment and maintenance and the budgets are consistent with all of the control measures assumed in the attainment demonstration and maintenance plan. We also find adequate and propose to approve the individual county level subarea budgets for NO <sup>X</sup> and PM-10, as shown in Table 4 below, consistent with section 93.124(d), which allows for a nonattainment area with more than one Metropolitan Planning Organization
(MPO)to establish subarea emission budgets for each MPO or make a collective conformity determination for the entire nonattainment area. Note that, if an individual MPO cannot show conformity to its individual county budget, then the remaining MPOs in the SJVAB cannot make any new conformity determinations. 13 If approved, the 2005 and 2020 motor vehicle emissions budgets must be used for transportation conformity purposes. As mentioned earlier, the county subarea motor vehicle emissions budgets that EPA is proposing to approve are listed in Table 4 below. 13 CAA section 176(c) states that conformity applies to SIPs in nonattainment and maintenance areas, rather than individual metropolitan planning areas within a single state. When subarea budgets area created for each MPO, the sum of the subarea budgets equals the total amount of emissions the area can have from the transportation sector and still attain and maintain the NAAQS. When one subarea lapses, then the other MPOs cannot show that their planned transportation activities would conform to the SIP for the whole area until the lapse is resolved. See “Companion Guidance for the July 1, 2004, Final Transportation Conformity Rule: Conformity Implementation in Multi-Jurisdictional Nonattainment and Maintenance Areas for Existing and New Air Quality Standards” (EPA 420-B-04-012). Table 4.—Motor Vehicle Emissions Subarea Budgets (Tons Per Day) 2007 PM-10 Plan * County 2005 PM-10 NO <sup>x</sup> 2020 PM-10 NO <sup>x</sup> Fresno 13.5 59.2 16.1 23.2 Kern ** 12.1 88.3 14.7 39.5 Kings 3.1 16.7 3.6 6.8 Madera 3.6 13.9 4.7 6.5 Merced 6.2 39.2 6.5 13.9 San Joaquin 9.1 42.6 10.6 16.7 Stanislaus 5.6 29.7 6.7 10.7 Tulare 7.3 25.1 9.3 10.1 Total 60.5 314.7 72.2 127.4 * The budgets are based on attainment and maintenance of the 24-hour PM-10 NAAQS. ** MVEBs in Table 2 are only for the SJVAB portion of Kern County. 3. Trading Mechanism Transportation conformity is demonstrated for each county in the SJVAB when emissions for both PM-10 and NO <sup>X</sup> are estimated to be below the motor vehicle emission budgets for each pollutant for all analysis years. However, for analysis years beyond 2010, in our prior approval of the 2003 Plan, we approved a trading mechanism that allows emissions to be traded from NO <sup>X</sup> to PM-10 budgets. 69 FR 30006 and 69 FR 5412, 5414. The trading mechanism specified that if, after including reductions from additional measures, the direct PM-10 budget still cannot be met, an MPO could adjust ( *i.e.* , increase) its PM-10 subarea budget by trading from its NO <sup>X</sup> budget. This trade from the NO <sup>X</sup> subarea budget to the PM-10 subarea budget can only occur if the estimated emissions of NO <sup>X</sup> from the planned transportation network are less than the NO <sup>X</sup> subarea budget for a given analysis year. The 1.5 tpd NO <sup>X</sup> to 1 tpd PM-10 ratio would be used, as follows, to determine the NO <sup>X</sup> reductions needed to offset the excess direct PM-10 emissions: (PM-10 estimate—PM-10 budget) * 1.5 = tpd of NO <sup>X</sup> reductions needed to offset excess PM-10 A subarea has demonstrated conformity if, after trading, the estimates of NO <sup>X</sup> and PM-10 emissions from the planned transportation network are at or below the adjusted NO <sup>X</sup> and direct PM-10 budgets. For every analysis year, and in each subsequent conformity determination, the transportation agency must repeat these steps to determine whether the budgets can be met, or whether they need to be adjusted using this trading mechanism. The 2007 Plan requests that this trading mechanism remain unchanged, but available for use after 2005, the revised attainment year. Since the first analysis year, for conformity purposes, will be 2010, EPA is proposing to continue to approve use of the trading mechanism for conformity analysis years after 2005. As stated in the 2003 Plan approval (69 FR 5412, 5414-5417; 69 FR 30006), EPA continues to believe that trading mechanisms cannot be reviewed through the adequacy process, and instead need full EPA approval before they can be used. V. Proposed Commitments for East Kern In order to address CAA requirements for the East Kern nonattainment area, the State submitted on February 29, 2008 enforceable commitments to install a FRM/FEM in East Kern and if a violation is recorded to submit the appropriate SIP. Specifically, the State submitted a resolution approved by the Governing Board of the KCAPCD on February 27, 2008 committing to, with assistance from the State, install a FRM/FEM. Kern County Air Pollution Control Board Resolution 2008-001-02. Further, the resolution states that the KCAPCD will develop for submittal through the State to EPA, a serious nonattainment area SIP that meets the requirements of CAA section 189 in the event of a violation of the PM-10 standard. Id. On March 3, 2008, CARB's Executive Officer issued Executive Order S-08-004 approving as a SIP revision the KCAPCD commitments and committing to submit a SIP addressing section 189 in the event that the area violates the PM-10 standard. Given the low concentrations recorded at the IMPROVE monitor and the relatively minimal expected growth, we believe this is a reasonable approach for the area. VI. Proposed Actions Based on our review of the State's request, EPA believes the State has addressed all the necessary requirements for a revised designation and is proposing to approve the State's request under section 107(d)(3)(D) to revise the designation for the SJV PM-10 nonattainment area by splitting the area into two separate serious PM-10 nonattainment areas, the SJVAB PM-10 nonattainment area and the East Kern PM-10 nonattainment area. Also, based on EPA's review of the 2007 Plan submitted by the State, EPA believes that the CAA requirements under section 107(d)(3)(E) for redesignations and section 175A for maintenance plans have been met for the SJVAB and EPA is therefore proposing to redesignate the newly created serious SJVAB nonattainment area to attainment for the PM-10 NAAQS and to approve the SJVAPCD's PM-10 maintenance plan, budgets and conformity trading mechanism for the area. EPA is also proposing to exclude from use in determining that the SJVAB has attained the PM-10 NAAQS two exceedances that it has concluded were caused by exceptional events on July 4, 2007 and January 4, 2008. Finally, EPA is proposing to approve commitments from KCAPCD and CARB to install a FRM/FED in the newly created East Kern serious PM-10 nonattainment area and to address section 189(d) CAA requirements for it in the event the FRM/FED records a violation of the PM-10 standard. VII. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action merely proposes to approve a revised boundary designation, a redesignation to attainment for the SJVAB, a maintenance plan for the SJVAB, motor vehicle emissions budgets and conformity trading mechanism for the area and commitments for East Kern, all of which are either requested or submitted by the State, and does not impose any additional requirements. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this proposed rule does not impose any additional enforceable duty, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). Executive Order 13175 (65 FR 67249, November 9, 2000) requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” Seven Indian tribes have reservations located within the boundaries of the proposed SJVAB. EPA plans to consult with representatives of the seven Tribes and will continue to work with the Tribes, as provided for in Executive Order 13175. Accordingly, EPA has addressed Executive Order 13175 to the extent that it applies to this action. This proposed action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This proposed action merely proposes to approve requests or submittals from the State and does not alter the relationship or the distribution of power and responsibilities established in the CAA. Executive Order 12898 establishes a Federal policy for incorporating environmental justice into Federal agency actions by directing agencies to identify and address, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority and low-income populations. Today's action involves proposed approvals of a revised boundary designation, a redesignation to attainment for the SJVAB, a maintenance plan for the SJVAB, motor vehicle emissions budgets and conformity trading mechanism for the area and commitments for East Kern. It will not have disproportionately high and adverse effects on any communities in the area, including minority and low-income communities. This proposed rule also is not subject to Executive Order 13045 ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it is not economically significant. The requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects 40 CFR Parts 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Authority: 42 U.S.C. 7401 *et seq.* Dated: April 21, 2008. Laura Yoshii, Acting Regional Administrator, Region IX. [FR Doc. E8-9139 Filed 4-24-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 79 [EPA-HQ-OAR-2007-0071; FRL-8557-7] RIN 2060-AN94 Regulation of Fuels and Fuel Additives: Revised Definition of Substantially Similar Rule for Alaska AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed interpretive rule. SUMMARY: EPA is proposing to revise an interpretive rule defining the term “substantially similar” for unleaded gasoline as that phrase is used in section 211(f) of the Clean Air Act (the Act). To meet the current definition, fuel or fuel additives must possess, at the time of manufacture, all of the physical and chemical characteristics of an unleaded gasoline as specified in ASTM Standard D 4814-88 for at least one of the Seasonal and Geographical Volatility Classes specified in the standard. EPA proposes to amend the definition to allow some additional flexibility for the vapor/liquid ratio specification for fuel introduced into commerce in the state of Alaska. In the “Rules and Regulations” section of this **Federal Register** , we are amending the “substantially similar” definition as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule. DATES: Comments must be received by May 27, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2007-0071, by mail to Air and Radiation Docket, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 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: Jaimee Dong, Compliance and Innovative Strategies Division, Office of Transportation and Air Quality, Office of Air and Radiation, Environmental Protection Agency, Mail Code 6406J, 1200 Pennsylvania Avenue, Washington, DC 20460; telephone number:
(202)343-9672; fax number:
(202)343-2800; e-mail address: *Dong.Jaimee@epa.gov* . SUPPLEMENTARY INFORMATION: I. Why Is EPA Issuing This Proposed Rule? This document proposes to revise the “substantially similar” interpretive rule. EPA is not statutorily obligated to conduct notice and comment rulemaking when amending this interpretive rule. *See APA section 553(b)(A); CAA section 307(d)* . However, as it has done when previously amending this rule, EPA desires to provide an opportunity for the public to comment on this amendment. We have published a direct final rule amending the “substantially similar” interpretive rule in the “Rules and Regulations” section of this **Federal Register** because we view this as a noncontroversial action and anticipate no adverse comment. We have explained our reasons for this action in the preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We would address all public comments in any subsequent final rule based on this proposed rule. We do not intend to institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information, please see the information provided in the ADDRESSES section of this document. II. General Information A. Does This Action Apply to Me? Entities potentially affected by this action include those involved with the production or importation of unleaded gasoline for use in Alaska. Categories and entities affected by this action include: Category NAICS codes a SIC codes b Examples of potentially regulated entities Industry 324110 2911 Petroleum Refiners. Industry 422710 5171 Gasoline Marketers and Distributors. 422720 5172 Industry 484220 4212 Gasoline Carriers. 484230 4213 a North American Industry Classification System (NAICS). b Standard Industrial Classification
(SIC)system code. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action; however, other types of entities not listed in the table could also be affected. To determine whether your entity is affected by this action, you should examine the applicability criteria of Parts 79 and 80 of title 40 of the Code of Federal Regulations. If you have any question regarding applicability of this action to a particular entity, consult the person in the preceding FOR FURTHER INFORMATION CONTACT section. B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI.* Do not submit this information to EPA through *www.regulations.gov* or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for Preparing Your Comments.* When submitting comments, remember to: • Identify the rulemaking by docket number and other identifying information (subject heading, **Federal Register** date and page number). • Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations
(CFR)part or section number. • Explain why you agree or disagree, suggest alternatives, and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. 3. *Docket Copying Costs.* You may be charged a reasonable fee for photocopying docket materials, as provided by 40 CFR Part 2. III. Statutory Background Section 211(f)(1) of the Act makes it unlawful for any manufacturer of a fuel or fuel additive to first introduce into commerce, or to increase the concentration in use of, any fuel or fuel additive for use in motor vehicles manufactured after model year 1974 which is not substantially similar to any fuel or fuel additive utilized in the certification of any model year 1975, or subsequent model year, vehicle or engine under section 206 of the Act. An EPA interpretive rule, published at 46 FR 38582 (July 28, 1981) and amended at 56 FR 5352 (February 11, 1991), defines the term “substantially similar” for unleaded gasoline. Under this definition, unleaded gasoline that meets several conditions, including complying with the physical and chemical specifications of ASTM Standard D 4814-88 for at least one of the Seasonal and Geographical Volatility classes specified in the standard, is considered substantially similar. Further conditions are described in the interpretive rule and its amendment. IV. Need for Action Discussions with an Alaskan refiner have highlighted the need for an amendment to the definition of “substantially similar” for unleaded gasoline. Currently, manufacturers of gasoline for Alaska may not use a temperature below 41 degrees Celsius when testing the vapor-liquid (V/L) ratio of the fuel and still be within the current definition of “substantially similar.” This amendment would allow manufacturers producing unleaded gasoline for use only in Alaska during the winter months to use a minimum test temperature of 35 degrees Celsius when testing for a maximum V/L ratio of 20 instead of requiring a V/L test temperature of 41 degrees Celsius. ASTM D 2533 is a test method that covers a procedure for measuring the volume of vapor formed at atmospheric pressure from a given volume of gasoline. The ratio of these volumes is expressed as the V/L ratio of the gasoline at the temperature of the test. The tendency of a fuel to vaporize in common automobile fuel systems is indicated by the V/L ratio of that fuel at conditions approximating those in critical parts of the fuel system. Allowing a lower test temperature means that the vapor fraction of the fuel may be higher. The extreme cold of Alaska during the winter months increases the risk that engines using typical gasoline blends will suffer from difficulty in cold starting. A higher vapor fraction improves mixing of the fuel with air, which in turn improves cold starting. Because the automotive fuel system is closed, the lower test temperature of 35 degrees Celsius compared to 41 degrees Celsius in the winter months is unlikely to significantly increase evaporative emissions. In addition, Alaska presently does not possess ozone non-attainment areas, most likely due to the cold temperatures observed in Alaska. Therefore, in the Agency's judgment, the impact on emissions would not be significant and this increased flexibility will allow refiners to provide a fuel more suitable to the climatic conditions of Alaska. EPA invites comment from all interested parties on this proposed interpretive rule revision. V. Statutory and Executive Order Reviews See Section V in the direct final rule amending the “substantially similar” interpretive rule in the “Rules and Regulations” section of this **Federal Register** for a discussion of the applicable statutes and executive orders. Dated: April 17, 2008. Stephen L. Johnson, Administrator. For the reasons set forth above, EPA proposes to amend the definition of substantially similar as follows: Definition—Substantially Similar EPA will treat a fuel or fuel additive for general use in light-duty vehicles manufactured after model year 1974 as substantially similar to any fuel or fuel additive utilized in the certification of any model year 1975, or subsequent model year vehicle or engine, under section 206 of the Act, i.e., “substantially similar,” if the following criteria are met.
(1)The fuel must contain carbon, hydrogen, and oxygen, nitrogen, and/or sulfur, exclusively, 1 in the form of some combination of the following: 1 Impurities which produce gaseous combustion products (i.e., products which exist as a gas at Standard Temperature and Pressure) may be present in the fuel at trace levels. An impurity is that substance which is present through contamination, or remains naturally, after processing of the fuel is completed.
(a)Hydrocarbons;
(b)Aliphatic ethers;
(c)Aliphatic alcohols other than methanol;
(i)Up to 0.3 percent methanol by volume;
(ii)Up to 2.75 percent methanol by volume with an equal volume of butanol, or higher molecular weight alcohol;
(e)A fuel additive 2 at a concentration of no more than 0.25 percent by weight which contributes no more than 15 ppm sulfur by weight to the fuel. 2 For the purposes of this interpretive rule, the term “fuel additive” refers only to that part of the additive package which is not hydrocarbon.
(2)The fuel must contain no more than 2.0 percent oxygen by weight, except fuels containing aliphatic ethers and/or alcohols (excluding methanol) must contain no more than 2.7 percent oxygen by weight.
(3)The fuel must possess, at the time of manufacture, all of the physical and chemical characteristics of an unleaded gasoline as specified in ASTM Standard D 4814-88 for at least one of the Seasonal and Geographical Volatility Classes specified in the standard, with the exception of fuel introduced into commerce in the state of Alaska. For fuel introduced into commerce in the state of Alaska, all of the requirements of this section
(3)apply, with the exception of the test temperature for a maximum Vapor/Liquid Ratio (V/L) of 20, which shall be a minimum of 35°C (95°F) for the period from September 16 through May 31.
(4)The fuel additive must contain only carbon, hydrogen, and any one or all of the following elements: Oxygen, nitrogen, and/or sulfur. 3 3 Impurities which produce gaseous combustion products may be present in the fuel additive at trace levels. [FR Doc. E8-8945 Filed 4-24-08; 8:45 am] BILLING CODE 6560-50-P 73 81 Friday, April 25, 2008 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request April 22, 2008. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding
(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), *OIRA_Submission@OMB.EOP.GOV* or fax
(202)395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling
(202)720-8681. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Rural Utilities Service *Title:* Public Television Digital Transition Grant Program. *OMB Control Number:* 0572-0134. *Summary of Collection:* The Omnibus Appropriations Act (Pub. L. 108-7) provided grant funds in the Distance Learning and Telemedicine Grant Program budget, the Consolidated Appropriations Act (Pub. L. 108-199) and the Consolidated Appropriations Act, 2005 (Pub. L. 108-447) provided additional funds for public broadcasting systems to meet the digital transition. As part of the nation's transition to digital television, the Federal Communications Commission required all television broadcasters to initiate the broadcast of a digital television signal and to cease analog television broadcasts on February 18, 2009. The Rural Utilities Service
(RUS)will develop and issue requirements for the grant program to finance the conversion of television services from analog to digital broadcasting for public television stations serving rural areas. *Need and Use of the Information:* Applicants will submit grant applications to RUS for review. The information will consist of the following: Standard Form
(SF)424, “Application for Federal Assistance, executive summary, evidence of eligibility and compliance with other Federal statutes and any other supporting documentation. RUS will use the information to score and rank applications for funding. Scoring will consist of three categories: rurality; per capita income; and special disadvantaging factors facing the station's transition plans. If this information is not collected, there would be no basis for awarding grant funding. *Description of Respondents:* Not-for-profit institutions; State, Local or Tribal Government. *Number of Respondents:* 40. *Frequency of Responses:* Reporting: On occasion. *Total Burden Hours:* 950. Charlene Parker, Departmental Information Collection Clearance Officer. [FR Doc. E8-9084 Filed 4-24-08; 8:45 am] BILLING CODE 3410-15-P DEPARTMENT OF AGRICULTURE Forest Service Information Collection; Qualified Products List for Water Enhancers AGENCY: Forest Service, USDA. ACTION: Notice; request for comment. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension with no revision of a currently approved information collection, Qualified Products List for Water Enhancers. DATES: Comments must be received in writing on or before June 24, 2008 to be assured of consideration. Comments received after that date will be considered to the extent practicable. ADDRESSES: Victoria Henderson, Branch Director, Equipment and Chemicals, USDA Forest Service, National Interagency Fire Center, 3833 S. Development Avenue, Boise, Idaho 83705. Comments also may be submitted via facsimile to
(208)387-5971 or by e-mail to: *thenderson@fs.fed.us.* The public may inspect comments received at the National Interagency Fire Center (NIFC), Jack Wilson Building, in Boise, Idaho, Monday through Friday between 10 a.m. to 3 p.m. Visitors are encouraged to call ahead to
(208)387-5348 to facilitate entry to the building. FOR FURTHER INFORMATION CONTACT: Les Holsapple, Missoula Technology and Development Center (MTDC),
(406)829-6761, or Cecilia Johnson, MTDC,
(406)329-4819, or Tory Henderson, NIFC,
(208)387-5348. Individuals who use telecommunication devices for the deaf
(TDD)may call the Federal Relay Service
(FRS)at 1-800-877-8339 twenty-four hours a day, every day of the year, including holidays. SUPPLEMENTARY INFORMATION: *Title:* Qualified Products List for Water Enhancers. *OMB Number:* 0596-0182. *Expiration Date of Approval:* December 31, 2008. *Type of Request:* Extension with no revision. *Abstract:* The Forest Service needs to have available adequate types and quantities of qualified fire chemical products to accomplish fire management activities safely, efficiently, and effectively. To accomplish this objective, the Agency needs to evaluate and pre-approve commercial water enhancer products. Products must meet specification standards identified and maintained by Forest Service Missoula Technology and Development Center
(MTCD)staff. The MTDC staff utilizes the *List of Known and Suspected Carcinogens* and the Environmental Protection Agency's *List of Highly Hazardous Materials* in analyzing these products. A risk analysis may also be required. MTDC employees consider the following to determine whether products are safe for use by Forest Service employees and Federal cooperators: • Products must not include ingredients that create an enhanced risk in typical use to either the firefighters or the public. • Effects are based upon acute toxicity determinations of the products and a review of lists of known and suspected carcinogens. • The safety of the firefighters equipment, either ground-based or aircraft (i.e., uniform corrosion tests, intergrandular). • Safety to the environment in terms of aquatic environments (fish and clean water) and terrestrial environments (wildlife and plants)—risk determinations identify products that do not enhance risk to those environments in typical use. • Acute toxicity concerns. • Efficiency is evaluated based upon such items as
(1)the range of mix ratios of concentrate products with water appropriate for storage and handling in typical wildland fire operations to provide products that are storable and/or can be kept available on fire equipment, and
(2)can be mixed and used with readily available equipment and facilities. • Effectiveness tests for these products are based upon those products ability to reduce fire spread and intensity even after the water carrier has evaporated away. The information submitted by manufacturers on two forms: The Confidential Disclosure Sheets and Technical Data Sheets sent to experienced staff at the MTDC, located in Missoula, Montana. These forms are available in either electronic form via e-mail or paper copies, and the manufacturers may submit them to the MTDC in either form. This information includes listings of specific individual ingredients and the quantity of these ingredients in the formulation of the products, identification of the specific sources of supply for each ingredient, and the specific mixing and hydration requirements of gum-thickened products. If a risk analysis is determined to be necessary, the FS will request the manufacturer to send a copy of the product labeling. In these cases, a third party assesses specific levels of products or ingredients expected to occur in typical application relative to human and environmental health. Once the manufacturers (and/or their suppliers) have submitted their information and payment for the analysis and evaluation, the MTDC staff will begin to test these water enhancer products safety, efficiency, and effectiveness. The collection of this information for each product submitted for evaluation is necessary due to the
(1)length of time necessary to test the water enhancer products and perform the analysis/evaluation of those products, which takes over a year, and
(2)the FS need to ensure the safety, effectiveness, and efficiency of retardant products prior to their use. If this information is not collected and water enhancer products are not analyzed and evaluated on an on-going basis, our ability to solicit and award water enhancer contracts in a timely manner would not be possible. *Estimate of Annual Burden:* 4.5 hours. *Type of Respondents:* Businesses (manufacturers and suppliers). *Estimated Annual Number of Respondents:* 3. *Estimated Annual Number of Responses per Respondent:* 3. *Estimated Total Annual Burden on Respondents:* 40.5 hours. Comment Is Invited Comment is invited on:
(1)Whether this collection of information is necessary for the stated purposes and the proper performance of the functions of the agency, including whether the information will have practical or scientific utility;
(2)the accuracy of the agency's estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)ways to minimize the burden of the collection of information on respondents, including the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All comments received in response to this notice, including names and addresses when provided, will be a matter of public record. Comments will be summarized and included in the submission request toward Office of Management and Budget approval. Dated: April 17, 2008. Robin L. Thompson, Associate Deputy Chief, State and Private Forestry. [FR Doc. E8-9174 Filed 4-24-08; 8:45 am] BILLING CODE 3410-11-P ARCTIC RESEARCH COMMISSION Meetings Notice is hereby given that the U.S. Arctic Research Commission will hold its 86th meeting in Arlington, VA and Washington, DC on May 12-15, 2008. The Business Session, open to the public, will convene at 2 p.m. Monday, May 12, 2008 in Arlington, VA. An Executive Session will follow adjournment of the Business Session. The Agenda items include:
(1)Call to order and approval of the Agenda.
(2)Approval of the Minutes of the 85th Meeting.
(3)Reports from Congressional Liaisons.
(4)Agency Reports. The focus of the meeting will be reports and updates on programs and research projects affecting the Arctic. Any person planning to attend this meeting who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. *Contact Person for More Information:* John Farrell, Executive Director, U.S. Arctic Research Commission, 703-525-0111 or TDD 703-306-0090. John Farrell, Executive Director. [FR Doc. E8-8964 Filed 4-24-08; 8:45 am] BILLING CODE 7555-01-M COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List Additions and Deletion AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Additions to and Deletion from the Procurement List. SUMMARY: This action adds to the Procurement List products to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes from the Procurement List a service previously furnished by such agencies. DATES: *Effective Date:* May 25, 2008. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259. FOR FURTHER INFORMATION CONTACT: Kimberly M. Zeich, Telephone:
(703)603-7740, Fax:
(703)603-0655, or e-mail *CMTEFedReg@jwod.gov.* SUPPLEMENTARY INFORMATION: Additions On February 29, 2008, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (73 FR 11092) of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the products and impact of the additions on the current or most recent contractors, the Committee has determined that the products listed below are suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products to the Government. 2. The action will result in authorizing small entities to furnish the products to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products proposed for addition to the Procurement List. End of Certification Accordingly, the following products are added to the Procurement List: Products Fan Folded Self-Stick Note *NSN:* 7530-00-NIB-0851—Value Pack with Dispenser. *NPA:* Association for the Blind & Visually Impaired-Goodwill Ind. of Greater Rochester, Rochester, NY. *Coverage:* A-List for the total Government requirement as specified by the General Services Administration. *Contracting Activity:* General Services Administration, Federal Supply Services, Region 2, New York, NY. Steering Wheel *NSN:* 2530-00-277-2689. *NPA:* Opportunities, Inc. of Jefferson County, Fort Atkinson, WI. *Coverage:* C-List for the requirement of the Defense Supply Center Columbus, Columbus, OH. *Contracting Activity:* Defense Supply Center Columbus, Columbus, OH. Deletion On February 29, 2008, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (73 FR 11092) of proposed deletions to the Procurement List. After consideration of the relevant matter presented, the Committee has determined that the services listed below are no longer suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action should not result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. The action may result in authorizing small entities to furnish the service to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the service deleted from the Procurement List. End of Certification Accordingly, the following service is deleted from the Procurement List: Service *Service Type/Location:* Janitorial/Custodial, U.S. Federal Building and U.S. Post Office, 304 N. 8th, Boise, ID. *NPA:* Western Idaho Training Company, Inc., Caldwell, ID. *Contracting Activity:* General Services Administration, Public Buildings Service, Region 10. Louis R. Bartalot, Director, Program Analysis and Evaluation. [FR Doc. E8-9051 Filed 4-24-08; 8:45 am] BILLING CODE 6353-01-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Additions AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Proposed Additions to the Procurement List. SUMMARY: The Committee is proposing to add to the Procurement List product and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. *Comments Must Be Received on or Before:* May 25, 2008. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259. *For Further Information or to Submit Comments Contact:* Kimberly M. Zeich, Telephone:
(703)603-7740, Fax:
(703)603-0655, or e-mail *CMTEFedReg@jwod.gov.* SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C. 47(a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. If the Committee approves the proposed additions, the entities of the Federal Government identified in the notice for each product or service will be required to procure the product and services listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the product and services to the Government. 2. If approved, the action will result in authorizing small entities to furnish the product and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the product and services proposed for addition to the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification The following product and services are proposed for addition to Procurement List for production by the nonprofit agencies listed: Product Bag, Fecal Incontinent *NSN:* 6530-00-NSH-0045—Large. *NPA:* Work, Inc., Santa Barbara, CA. *Coverage:* C-List for the requirement of the Department of Veterans Affairs, National Acquisition Center, Hines, IL. *Contracting Activity:* Department of Veterans Affairs, National Acquisition Center, Hines, IL. Services *Service Type/Location:* Custodial & Grounds Maintenance, U.S. Federal Building and Courthouse—St. Croix, 3013 Estate Golden Rock, Christiansted, U.S. Virgin Islands. *NPA:* The Corporate Source, Inc., New York, NY. *Contracting Activity:* General Services Administration, Caribbean Property Management Center, Hato Rey, PR. *Service Type/Location:* Custodial & Grounds Maintenance, U.S. Federal Building and Courthouse—St. Thomas, 5500 Veterans Drive, St. Thomas, U.S. Virgin Islands. *NPA:* The Corporate Source, Inc., New York, NY. *Contracting Activity:* General Services Administration, Caribbean Property Management Center, Hato Rey, PR. Louis R. Bartalot, Director, Program Analysis and Evaluation. [FR Doc. E8-9050 Filed 4-24-08; 8:45 am] BILLING CODE 6353-01-P DEPARTMENT OF COMMERCE International Trade Administration [A-570-863] Notice of Extension of Time Limit for Final Results of the Antidumping Duty Administrative Review and New Shipper Review: Honey from the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 25, 2008. FOR FURTHER INFORMATION CONTACT: Bobby Wong or Susan Pulongbarit, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-0409 and
(202)482-4031, respectively. SUPPLEMENTARY INFORMATION: Background The Department of Commerce (“the Department”) published the preliminary results of the aligned antidumping duty administrative review and new shipper review on honey from the People's Republic of China on January 16, 2008. *Honey from the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review* , 73 FR 2890 (January 16, 2008). Extension of Time Limits for Final Results Pursuant to Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“the Act”), and section 351.213(h)(1) of the Department's regulations, the Department shall issue the preliminary results of an administrative review within 245 days after the last day of the anniversary month of the date of publication of the order. The Act further provides that the Department shall issue the final results of review within 120 days after the date on which the notice of the preliminary results was published in the **Federal Register** . However, if the Department determines that it is not practicable to complete the review within this time period, section 751(a)(3)(A) of the Act and section 351.213(h)(2) of the Department's regulations allow the Department to extend the 245-day period to 365 days and the 120-day period to 180 days. The Department has extended the deadline for parties to submit briefs in order to address several issues raised by interested parties. As a result of these extensions and the complex issues raised in this review segment, including honey valuation, the Department has determined that it is not practicable to complete the aligned administrative review and new shipper review within the current time limit. Section 751(a)(3)(A) of the Act and section 351.213(h) of the Department's regulations allow the Department to extend the deadline for the final results of a review to a maximum of 180 days from the date on which the notice of the preliminary results was published. For the reasons noted above, the Department is extending the time limit for the completion of these final results from the current deadline of May 15, 2008 until no later than July 14, 2008, which is 180 days from the date on which the notice of the preliminary results was published. This notice is issued and published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: April 18, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-9143 Filed 4-24-08; 8:45 am] BILLING CODE: 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (A-583-816) Certain Stainless Steel Butt-Weld Pipe Fittings from Taiwan: Notice of Amended Final Results Pursuant to Final Court Decision AGENCY: Import Administration, International Trade Administration, Department of Commerce SUMMARY: On April 6, 2006, in *Alloy Piping Products, Inc., Flowline Division, et al. v. United States* , Slip Op. 06-47, (“ *Alloy Piping II* ”), the Court of International Trade (“CIT”) affirmed the Department of Commerce’s (the “Department”) Final Results of Determination Pursuant to Remand (“ *Remand Results* ”), dated August 16, 2004, and entered a judgment order. This litigation related to the Department’s review of the antidumping order on certain stainless steel butt-weld pipe fittings from Taiwan, covering the period of review (“POR”) June 1, 1998, through May 31, 1999. *See Certain Stainless Steel Butt-Weld Pipe Fittings Final Results of Antidumping Duty Administrative Review* , 65 FR 81827, 81828 (December 27, 2000) (“Final Results”). On June 5, 2006, Ta Chen Stainless Steel Pipe, Ltd. (“Ta Chen”) appealed the CIT’s decision to the Court of Appeals for the Federal Circuit (“CAFC”). On September 21, 2006, the CAFC dismissed the appeal pursuant to the parties’ dismissal agreement. *See Ta Chen Stainless Steel Pipe, Ltd., v. United States* , 208 Fed. Appx. 818, 2006 U.S. App. LEXIS 24777 (Fed. Cir. 2006) (“ *Ta Chen Stainless Steel* ”). Because *Alloy Piping* II constitutes a final and conclusive court decision in this action, we are amending the final results of review in this proceeding and we will instruct U.S. Customs and Border Protection (“ *CBP* ”) to liquidate entries subject to this review. DATES: EFFECTIVE DATE:April 25, 2008. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Alex Villanueva, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230; telephone: 202-482-3208. SUPPLEMENTARY INFORMATION: BACKGROUND Following publication of the *Final Results* , Ta Chen filed a lawsuit with the CIT challenging the Department’s findings. In *Alloy Piping v. United States* , Slip Op. 04-46 (CIT 2004) (“ *Alloy Piping I* ”), the CIT remanded the Department’s final results to permit it:
(1)to reconsider the factual and legal basis for its determination concerning the alleged reimbursement agreement;
(2)to reconsider its calculation of constructed export price (“CEP”) profit; and
(3)the opportunity to fully articulate the reasoning underlying its findings, conclusions and determination on the remanded issues. The Department complied with the CIT’s remand instructions and issued its *Remand Results* on August 16, 2004. *See Remand Results* . In the *Remand Results* , the Department reconsidered its decision concerning the reimbursement agreement and determined that the reimbursement agreement, in light of the new information submitted by Ta Chen on May 18, 2004, did not apply for the June 1, 1998, through May 31, 1999, period, but was instead limited to the 1992-1994 period. The Department also reconsidered its CEP profit calculation and determined that the CEP profit equation is symmetric with regard to the imputed interest expenses such that the imputed interest expenses in the “Total U.S. Expenses” numerator are in fact reflected in recognized financial expenses in the “Total Expenses” denominator and the “Total Actual Profit” multiplier. Thus, the Department did not change Ta Chen’s CEP profit. As a result of the remand determination, the antidumping duty rate for Ta Chen was decreased from 12.84 to 6.42 percent. The CIT did not receive comments from any interested parties regarding the Department’s *Remand Results* . On April 6, 2006, the CIT affirmed the Department’s findings in the *Remand Results* . Specifically, the CIT affirmed the Department’s finding that Ta Chen did not reimburse antidumping duties during the POR and the Department’s decision not to change Ta Chen’s CEP profit calculation. *See Alloy Piping II* . On April 18, 2006, consistent with the decision of the United States Court of Appeals for the Federal Circuit in *Timken Co. v. United States* , 893 F. 2d 337 (Fed. Cir. 1990), the Department notified the public that the CIT’s decision was “not in harmony” with the *Final Results* . *See Certain Stainless Steel Butt-Weld Pipe Fittings from Taiwan: Notice of Court Decision and Suspension of Liquidation* , 71 FR 19873 (April 18, 2006). On June 5, 2006, Ta Chen appealed the CIT’s decision to the CAFC. On September 21, 2006, in *Ta Chen Stainless Steel* , the CAFC dismissed the appeal pursuant to the parties’ dismissal agreement. Because *Alloy Piping II* constitutes a final and conclusive court decision in this action, we are amending our final results of review and we will instruct CBP to liquidate entries subject to this review. AMENDED FINAL RESULTS Because no further appeals have been filed and there is now a final and conclusive decision in the court proceeding, we are amending the final results of administrative review of the antidumping order on certain stainless steel butt-weld pipe fittings from Taiwan for the period of June 1, 1998, through May 31, 1999. The revised weight-averaged dumping margin is as follows: Company Final Margin Amended Final Margin Ta Chen... 12.84 6.42 ASSESSMENT RATES The Department will determine, and CBP shall assess, antidumping duties on all appropriate entries. In accordance with 19 CFR 351.212(b)(1), we have calculated importer-specific assessment rates. Where the importer-specific assessment rate is above de minimis on an ad valorem basis, calculated by dividing the dumping margins found on examined subject merchandise by the estimated entered value, we will instruct CBP to assess antidumping duties on that importer’s entries of subject merchandise. In accordance with 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries for which the importer-specific assessment rate is *de minimis* ( *i.e.* , less than 0.5 percent ad valorem). The Department will issue appropriate assessment instructions directly to CBP 15 days after publication of these amended final results of review. This notice is issued and published in accordance with section 751(a)(1) of the Tariff Act of 1930, as amended. Dated: April 18, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-9142 Filed 4-24-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Implementation of Grants to Manufacturers of Certain Worsted Wool Fabrics Established Under Title IV of the Miscellaneous Trade and Technical Corrections Act of 2004 AGENCY: Department of Commerce, International Trade Administration. ACTION: Notice Announcing the Availability of Grant Funds. SUMMARY: This Notice announces the availability of grant funds in calendar year 2008 for U.S. manufacturers of certain worsted wool fabrics. The purpose of this notice is to provide the general public with a single source of program and application information related to the worsted wool grant offerings and it contains the information about the program required to be published in the **Federal Register** . DATES: Applications by eligible U.S. producers of certain worsted wool fabrics must be received or postmarked by 5:00 p.m. Eastern Daylight Standard Time on May 27, 2008. Applications received after the closing date and time will not be considered. ADDRESSES: Applications must be submitted to the Eastern Hemisphere, Office of Textiles and Apparel, Room 3001, U.S. Department of Commerce, Washington, DC 20230,
(202)482-4058. FOR FURTHER INFORMATION CONTACT: Jim Bennett, Office of Textiles and Apparel, U.S. Department of Commerce,
(202)482-4058. SUPPLEMENTARY INFORMATION: *Electronic Access:* The full funding opportunity announcement for the worsted wool fabrics program is available through FedGrants at **http://www.grants.gov** . The Catalog of Federal Domestic Assistance
(CFDA)Number is 11.113, Special Projects. *Statutory Authority:* Section 4002(c)(6) of the Miscellaneous Trade and Technical Corrections Act of 2004 (Public Law 108-429, 118 Stat. 2603) (the “Act”). The Act was amended pursuant to Section 1633 of the Pension Protection Act of 2006 (Public Law 109-280), which extended the availability of grant funds through 2009 and modified the eligibility criteria. *Program Description:* Section 4002(c)(6)(A) of the Act authorizes the Secretary of Commerce to provide grants to persons (including firms, corporations, or other legal entities) who were, during calendar years 1999, 2000, and 2001, manufacturers of two categories of worsted wool fabrics. The first category are manufacturers of worsted wool fabrics, containing 85 percent or more by weight of wool, with average fiber diameters greater than 18.5 micron (Harmonized Tariff Schedule of the United States
(HTS)heading 9902.51.11); the total amount of available funds is $2,666,000, to be allocated among such manufacturers on the basis of the percentage of each manufacturers' production of worsted wool fabric included in HTS 9902.51.11. The second category are manufacturers of worsted wool fabrics, containing 85 percent or more by weight of wool, with average fiber diameters of 18.5 micron or less (HTS heading 9902.51.15, previously HTS heading 9902.51.12); the total amount of available funds is $2,666,000, to be allocated among such manufacturers on the basis of the percentage of each manufacturers' production of worsted wool fabric included in HTS 9902.51.15. *Funding Availability:* The Secretary of Commerce is authorized under section 4002(c)(6)(A) of the Act to provide grants to manufacturers of certain worsted wool fabrics. Funding for the worsted wool fabrics grant program will be provided by the Department of the Treasury from amounts in the Wool Apparel Manufacturers Trust Fund (the “Trust Fund”). The total amount of grants to manufacturers of worsted wool fabrics described in HTS 9902.51.11 shall be $2,666,000 in calendar year 2008. The total amount of grants to manufacturers of worsted wool fabrics described in HTS 9902.51.15 shall also be $2,666,000 in calendar year 2008. *Eligibility Criteria:* Eligible applicants for the worsted wool fabric program include persons (including firms, corporations, or other legal entities) who were, during calendar years 1999, 2000 and 2001, manufacturers of worsted wool fabric in the United States of the kind described in HTS 9902.51.11 or 9902.51.15. Section 1633(b)(1)(C) of the Pension Protection Act of 2006 provides that only manufacturers who weave worsted wool fabric in the United States as of the date of application shall be eligible for grant funds. Any manufacturer who becomes a successor-of-interest to a manufacturer of the worsted wool fabrics described in HTS 9902.51.11 or HTS 9902.51.15 during 1999, 2000 or 2001 because of reorganization or otherwise, shall be eligible to apply for such grants. *Applications to Receive Allocations:* Applicants must provide:
(1)Company name, address, contact and phone number;
(2)Federal tax identification number;
(3)the name and address of each plant or location in the United States where worsted wool fabrics of the kind described in HTS 9902.51.11 or HTS 9902.51.15 was woven by the applicant in 1999, 2000 and 2001;
(4)the name and address of each plant or location in the United States where the applicant is weaving worsted wool fabrics of the kind described in HTS 9902.51.11 and or HTS 9902.51.15 as of the date of application;
(5)the quantity, in linear yards, of worsted wool fabric production described in HTS 9902.51.11 or 9902.51.15, as appropriate, woven in the United States in each of calendar years 1999, 2000 and 2001; and
(6)the value of worsted wool fabric production described in HTS 9902.51.11 or 9902.51.15, as appropriate, woven in the United States in each of calendar years 1999, 2000 and 2001. This data must indicate actual production (not estimates) of worsted wool fabric of the kind described in HTS 9902.51.11 or 9902.51.15. At the conclusion of the application, the applicant must attest that “all information contained in the application is complete and correct and no false claims, statements, or representations have been made.” Applicants should be aware that, generally, pursuant to 31 U.S.C. 3729, persons providing a false or fraudulent claims, and, pursuant to 18 U.S.C. 1001, persons making materially false statements or representations, are subject to civil or criminal penalties, respectively. Information that is marked “business confidential” will be protected from disclosure to the full extent permitted by law. *Other Application Requirements:* Complete applications must include the following forms and documents: CD-346, Applicant for Funding Assistance; CD-511, Certifications Regarding Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements and Lobbying; SF-424, Application for Federal Assistance; and SF-424B, Assurances - Non-Construction Programs. The CD forms are available via web site: **http://www.osec.doc.gov/forms/direct.htm** . The SF forms are available via web site: **http://www.whitehouse.gov/omb/grants/grants_forms.html** . This document contains collection-of-information requirements subject to the Paperwork Reduction Act (PRA). The use of Standard Forms 269, 424, 424A, 424B, SF-LLL, and CD-346 has been approved by the Office of Management and Budget
(OMB)under the respective control numbers 0348-0039, 0348-0043, 0348-0044, 0348-0040, 0348-0046, and 0605-0001. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA unless that collection of information displays a currently valid OMB control number. *Allocation Procedures:* Section 4002(c)(6)(A) of the Act requires that each grant be allocated among eligible applicants on the basis of the percentage of each manufacturers' production of the fabric described in HTS 9902.51.11 or HTS 9902.51.15 for calendar years 1999, 2000, and 2001, compared to the production of such fabric by all manufacturers who qualify for such grants. Following the closing date of the receipt of applications, the Department shall calculate the appropriate allocation of the allotted funds among eligible applicants in accordance with the statutory procedures. Award decisions shall be final and not subject to appeal or protest. *Intergovernmental Review:* Applications under this program are not subject to Executive Order 12372, “Intergovernmental Review of Federal Programs“. *Administrative and National Policy Requirements:* Department of Commerce Pre-Award Notifications for Grants and Cooperative Agreements, which are contained in the **Federal Register** Notice of December 30, 2004 (69 FR 78389), are applicable to this solicitation. It has been determined that this notice is not significant for purposes of E.O. 12866. *Administrative Procedure/Regulatory Flexibility:* Prior notice and an opportunity for public comment are not required by the Administrative Procedure Act for rules concerning public property, loans, grants, benefits, and contracts (5 USC 553(a)(2)). Because notice and opportunity for comment are not required pursuant to 5 USC 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 USC 601 et seq.) are inapplicable. Therefore, a regulatory flexibility analysis is not required and has not been prepared. Dated: April 21, 2008. R. Matthew Priest, Deputy Assistant Secretary for Textiles and Apparel. [FR Doc. E8-9098 Filed 4-24-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-570-922 Preliminary Determination of Sales at Less Than Fair Value: Raw Flexible Magnets from the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 25, 2008. SUMMARY: The Department of Commerce (the “Department”) preliminary determines that raw flexible magnets (“magnets”) from the People's Republic of China (“PRC”) are being, or are likely to be, sold in the United States at less than fair value (“LTFV”), as provided in section 733 of the Tariff Act of 1930, as amended (“the Act”). The estimated dumping margins for this investigation are listed in the “Preliminary Determination Margins” section of this notice. FOR FURTHER INFORMATION CONTACT: Melissa Blackledge or Shawn Higgins; Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-3518 or
(202)482-0679, respectively. SUPPLEMENTARY INFORMATION: Case History On September 21, 2007, the Department received a petition concerning imports of magnets from the PRC and Taiwan filed in proper form by Magnum Magnetics Corporation (“Petitioner”). On October 4, 2007, in response to a supplemental questionnaire issued by the Department on September 27, 2008, Petitioner submitted a revised version of the petition's margin calculations. *See* “Petitioner's Response to Questionnaire Received on September 27, 2007 in Investigation No. A-570-922,” (“Pre-initiation Supplemental Response”) (October 4, 2007). The Department initiated antidumping duty investigations of magnets from the PRC and Taiwan on October 11, 2007. *See Notice of Initiation of Antidumping Duty Investigations: Raw Flexible Magnets from the People's Republic of China and Taiwan* , 72 FR 59071 (October 18, 2007) (“ *Initiation Notice* ”). On November 5, 2007, the International Trade Commission (“ITC”) preliminarily determined that there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury by reason of imports of magnets from the PRC and Taiwan. *See Raw Flexible Magnets from China and Taiwan, Investigation Nos. 701-TA-452 and 731-TA-1129 and 1130 (Preliminary)* , 72 FR 63629 (November 9, 2007). On November 1, 2007, the Department selected Polyflex Magnets Ltd. (“Polyflex”) and Qualita Magnetics Ltd. (“Qualita”), as the mandatory respondents in this investigation based upon U.S. Customs and Border Protection (“CBP”) entry data. *See* Memorandum from Abdelali Elouaradia, Office Director, to Stephen J. Claeys, Deputy Assistant Secretary, “Respondent Selection Memorandum,” dated November 1, 2007. On November 1, 2007, the Department issued shipment questionnaires and sections A, C, and D of its antidumping duty questionnaire to the mandatory respondents. On November 9, 2007, Polyflex and Qualita submitted timely responses to the shipment questionnaires. Polyflex confirmed that it exported subject merchandise to the United States during the period of investigation (“POI”). Qualita reported that it did not export such merchandise to the United States during the POI. In November and December 2007, the Department issued shipment questionnaires to additional companies identified as large exporters by CBP entry data. The Department was able to determine through public means that four companies, Logimag Limited (“Logimag”), Marketa International, Ltd. (“Marketa”), Ningbo Magnetics Factory Ltd. (“Ningbo”), and Sinomag Technology Co., Ltd. (“Sinomag”), exported magnets. Ningbo and Sinomag reported that they did not export subject merchandise to the United States during the POI. Logimag and Marketa did not respond to the Department's original shipment letter or our second inquiries. Polyflex submitted timely responses to sections A, C, and D of the Department's antidumping duty questionnaire during December 2007 and January 2008. The Department received comments from Petitioner and issued supplemental questionnaires to Polyflex in December 2007 and January 2008. On January 10, 2008, Polyflex submitted a timely response to the section A supplemental questionnaire. However, Polyflex did not respond to the sections C and D supplemental questionnaires. In January 2008, the Department released to interested parties a memorandum from the Department's Office of Policy that listed potential surrogate countries and invited interested parties to comment on surrogate country and factor value selection. *See* Memorandum from Carole Showers, Acting Director, Office of Policy, to Mark Manning, Program Manager, AD/CVD Operations, Office 4, “Antidumping Duty Investigation of Raw Flexible Magnets from the People's Republic of China (PRC): Request for a List of Surrogate Countries,” dated January 14, 2008 (“Office of Policy Surrogate Country Memorandum”). No party responded to the Department's invitation to comment on surrogate country selection. However, on February 4, 2008, Petitioner submitted comments on surrogate values. All of the surrogate value data submitted by Petitioner are from India. On January 16, 2008, Petitioner requested a 50-day extension of the preliminary determination in this investigation. On January 31, 2008, the Department published the postponement of the preliminary determination. *See Notice of Postponement of Preliminary Determination of Antidumping Duty Investigation: Raw Flexible Magnets from the People's Republic of China* , 73 FR 5794 (January 31, 2008). On February 13, 2008, the Department published a correction to the above-referenced notice. *See Notice of Correction of Postponement of Preliminary Determination of Antidumping Duty Investigation: Raw Flexible Magnets from the People's Republic of China* , 73 FR 8291 (February 13, 2008). On February 12, 2008, Polyflex withdrew from participating in the investigation. *See* Letter from Garvey Schubert Barer to the Department of Commerce, regarding “Raw Flexible Magnets from the People's Republic of China: Notice of Withdrawal,” dated February 12, 2008 (“Polyflex Withdrawal Letter”). On December 14, 2007, the Department received a timely separate rate application from Guangzhou Newlife Magnet Co., Ltd. (“Newlife”). The Department issued supplemental questionnaires to Newlife and received timely responses in February and March 2008. On April 11, 2008, Petitioner submitted comments on magnetic photo pockets and the application of adverse facts available (“AFA”) in calculating dumping margins. *See* “Raw Flexible Magnets from the People's Republic of China: Comments on Scope and Adverse Facts Available,” (April 11, 2008). Period of Investigation The POI is January 1, 2007, through June 30, 2007. This period comprises the two most recently completed fiscal quarters prior to the month in which the petition was filed ( *i.e.* , September 2007). *See* 19 CFR 351.204(b)(1). Scope of the Investigation The products covered by this investigation are certain flexible magnet sheeting, strips, and profile shapes. Subject flexible magnet sheeting, strips, and profile shapes are bonded magnets composed (not necessarily exclusively) of
(i)any one or combination of various flexible binders (such as polymers or co-polymers, or rubber) and
(ii)a magnetic element, which may consist of a ferrite permanent magnet material (commonly, strontium or barium ferrite, or a combination of the two), a metal alloy (such as NdFeB or Alnico), any combination of the foregoing with each other or any other material, or any other material capable of being permanently magnetized. Subject flexible magnet sheeting, strips, and profile shapes are capable of being permanently magnetized, but may be imported in either magnetized or unmagnetized (including demagnetized) condition. Subject merchandise may be of any color and may or may not be laminated or bonded with paper, plastic or other material, which paper, plastic or other material may be of any composition and/or color. Subject merchandise may be uncoated or may be coated with an adhesive or any other coating or combination of coatings. Subject merchandise is within the scope of this investigation whether it is in rolls, coils, sheets, or pieces, and regardless of physical dimensions or packaging, including specialty packaging such as digital printer cartridges. Specifically excluded from the scope of this investigation is retail printed flexible magnet sheeting, defined as flexible magnet sheeting (including individual magnets) that is laminated with paper, plastic or other material, if such paper, plastic or other material bears printed text and/or images, including but not limited to business cards, calendars, poetry, sports event schedules, business promotions, decorative motifs, and the like. This exclusion does not apply to such printed flexible magnet sheeting if the printing concerned consists of only: a trade mark or trade name; country of origin; border, stripes, or lines; any printing that is removed in the course of cutting and/or printing magnets for retail sale or other disposition from the flexible magnet sheeting; manufacturing or use instructions ( *e.g.* , “print this side up,” “this side up,” “laminate here”); printing on adhesive backing (that is, material to be removed in order to expose adhesive for use, such as application of laminate) or on any other covering that is removed from the flexible magnet sheeting prior or subsequent to final printing and before use; non-permanent printing (that is, printing in a medium that facilitates easy removal, permitting the flexible magnet sheeting to be re-printed); printing on the back (magnetic) side; or any combination of the above. All products meeting the physical description of the subject merchandise that are not specifically excluded are included in this scope. The products subject to the investigation are currently classifiable principally under subheadings 8505.19.10 and 8505.19.20 of the Harmonized Tariff Schedule of the United States (“HTSUS”). The HTSUS subheadings are provided only for convenience and customs purposes, however, and the written description of the scope of this proceeding is dispositive. Scope Comments In accordance with the Preamble to the Department's regulations ( *see* Antidumping *Duties; Countervailing Duties* , 62 FR 27296, 27323 (May 19, 1997) (Preamble)), in our *Initiation Notice* , we set aside a period of time for parties to raise issues regarding product coverage, and encouraged all parties to submit comments within 20 calendar days of publication of the *Initiation Notice* . On November 7, 2007, SH Industries, a U.S. importer of subject merchandise, argued that magnetic photo pockets, which are flexible magnets with clear plastic material fused to the magnet to form a pocket into which photographs and other items may be inserted for display, should be excluded from the scope of the antidumping and countervailing duty investigations on raw flexible magnets from the People's Republic of China and Taiwan. On November 13, 2007, the petitioner filed a response to the request by SH Industries, arguing that magnetic photo pockets are properly within the scope of the investigations. On April 11, 2008, the petitioner submitted additional arguments concerning this issue. Because we received this letter only four business days before the statutory deadline for this preliminary determination, we did not have an opportunity to consider it prior to issuance of this preliminary determination. We invite interested parties to submit comments on the petitioner's April 11, 2008, submission and to present evidence concerning the meaning of the terms “sheeting, strips, and profiles” as those terms are used within the industry. Additionally, because the scope language also states that “subject merchandise may be of any color and may or may not be laminated or bonded with paper, plastic or other material, which paper, plastic or other material may be of any composition and/or color,” we encourage interested parties to comment on whether the plastic photo pocket fused to the flexible magnet satisfies this description. Finally, interested parties may submit information that would be relevant in an analysis conducted pursuant to section 351.225(k)(2) of our regulations. The Department deadline for such comments will be 14 days after the publication of this notice. Rebuttal comments must be filed within five days thereafter. Comments should be addressed to Import Administration's Central Records Unit (CRU), Room 1870, U.S. Department of Commerce, 14 th Street and Constitution Avenue, N.W., Washington, D.C. 20230. Non-Market Economy Treatment The Department considers the PRC to be a non-market economy (“NME”) country. In accordance with section 771(18)(c)(i) of the Act, any determination that a country is an NME country shall remain in effect until revoked by the administering authority. *See Tapered Roller Bearings and Parts Thereof (TRBs), Finished and Unfinished, From the People's Republic of China: Preliminary Results of 2001-2002 Administrative Review and Partial Rescission of Review* , 68 FR 7500 (February 14, 2003), unchanged in *TRBs, Finished and Unfinished, from the People's Republic of China: Final Results of 2001-2002 Administrative Review and Partial Rescission of Review* , 68 FR 70488 (December 18, 2003). Therefore, in this preliminary determination, we have treated the PRC as an NME country and applied our current NME methodology. Separate Rates In proceedings involving NME countries, the Department has a rebuttable presumption that all companies within the country are subject to government control and thus should be assessed a single antidumping duty rate. It is the Department's policy to assign all exporters of merchandise subject to investigation involving an NME country this single rate unless an exporter can demonstrate an absence of government control, both in law ( *de jure* ) and in fact ( *de facto* ), with respect to exports. The Department's separate-rate test is not concerned, in general, with macroeconomic/border-type controls, *e.g.* , export licenses, quotas, and minimum export prices, particularly if these controls are imposed to prevent dumping. *See Notice of Final Determination of Sales at Less Than Fair Value: Certain Preserved Mushrooms from the People's Republic of China* , 63 FR 72255, 72256 (December 31, 1998). Rather, the test focuses on controls over the investment, pricing, and output decision-making process at the individual firm level. *See Notice of Final Determination of Sales at Less than Fair Value: Certain Cut-to-Length Carbon Steel Plate From Ukraine* , 62 FR 61754, 61758 (November 19, 1997), and *TRBs, Finished and Unfinished, from the People's Republic of China: Final Results of Antidumping Duty Administrative Review* , 62 FR 61276, 61279 (November 17, 1997). To establish whether a firm is sufficiently independent from government control of its export activities to be entitled to a separate rate, the Department analyzes each entity exporting the subject merchandise under a test arising from the *Notice of Final Determination of Sales at Less Than Fair Value: Sparklers from the People's Republic of China* , 56 FR 20588 (May 6, 1991) (“ *Sparklers* ”), as further developed in *Notice of Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the People's Republic of China* , 59 FR 22585 (May 2, 1994) (“ *Silicon Carbide* ”), and Section 351.107(d) of the Department's regulations. In accordance with the separate-rates criteria, the Department assigns separate rates in NME cases only if respondents can demonstrate the absence of both *de jure* and *de facto* governmental control over export activities. In this case, Polyflex has withdrawn from participating in the investigation. Since Polyflex's withdrawal has prevented the Department from asking additional supplemental questions on its separate rate status, and prevents the Department from verifying its responses, the Department has no basis upon which to grant Polyflex a separate rate. Although Polyflex remains a mandatory respondent, the Department considers Polyflex part of the PRC-wide entity because it failed to demonstrate that it qualifies for a separate rate. Newlife submitted a timely separate rates application. In its application, Newlife stated that it is a wholly Chinese-owned company. Therefore, the Department must analyze whether this company can demonstrate the absence of both *de jure* and *de facto* governmental control over export activities. In its application, it provided company-specific information to demonstrate that it operates independently of *de jure* and *de facto* government control, and therefore is entitled to a separate rate. A. Absence of *De Jure* Control The Department considers the following *de jure* criteria in determining whether an individual company may be granted a separate rate:
(1)an absence of restrictive stipulations associated with an individual exporter's business and export licenses,
(2)any legislative enactments decentralizing control of companies, and
(3)other formal measures by the government decentralizing control of companies. *See Sparklers* , 56 FR 20588 at Comment 1. The evidence provided by Newlife supports a preliminary finding of *de jure* absence of governmental control based on the following:
(1)an absence of restrictive stipulations associated with Newlife's business and export licenses, and
(2)the existence of legislative enactments decentralizing control of companies. *See* “Supplemental Separate Rate Questionnaire Response of Guangzhou Newlife Magnet Electricity Co., Ltd.” (February 22, 2008). Therefore, the Department has preliminarily found a *de jure* absence of government control over Newlife's export activities. B. Absence of De Facto Control The Department has determined that an analysis of *de facto* control is critical in determining whether respondents are, in fact, subject to a degree of governmental control which would preclude the Department from assigning separate rates. Typically, the Department considers four factors in evaluating whether a respondent is subject to *de facto* governmental control of its export functions:
(1)whether the export prices are set by or are subject to the approval of a governmental agency;
(2)whether the respondent has authority to negotiate and sign contracts and other agreements;
(3)whether the respondent has autonomy from the government in making decisions regarding the selection of management; and
(4)whether the respondent retains the proceeds of its export sales and makes independent decisions regarding disposition of profits or financing of losses. *See Silicon Carbide* , 59 FR at 22586-87; *see also Notice of Final Determination of Sales at Less Than Fair Value: Furfuryl Alcohol From the People's Republic of China* , 60 FR 22544, 22545 (May 8, 1995). The evidence provided by Newlife supports a preliminary finding of *de facto* absence of governmental control based on the following:
(1)Newlife sets export prices independent of the government and without the approval of a government authority;
(2)Newlife has the authority to negotiate and sign contracts and other agreements;
(3)Newlife has autonomy from the government regarding the selection of management; and
(4)Newlife retains proceeds from sales and makes independent decisions regarding the disposition of profits or financing of losses. Therefore, the Department has preliminarily found a *de facto* absence of government control over Newlife's export activities. The evidence placed on the record of this investigation by Newlife preliminarily demonstrates an absence of *de jure* and *de facto* government control with respect to Newlife's exports of the merchandise under investigation, in accordance with the criteria identified in *Sparklers* and *Silicon Carbide* . In determining what rate to assign companies receiving separate rates, the Department's normal practice is to weight-average the individually calculated margins from the mandatory respondents. *See* section 735(c)(5)(A). If, however, the estimated weighted average margins for all individually investigated respondents are *de minimis* or based entirely on AFA, the Department may use any reasonable method. *See* section 735(c)(5)(B). In this investigation, the only other margin is the PRC-wide entity margin which is based on AFA. *See* “Adverse Facts Available” section below. Because the rate for all individually investigated respondents is based on AFA and the only other information on the record concerning dumping rates is contained in the petition, we have relied on information from the petition to determine a rate to be applied to the respondent that has demonstrated entitlement to a separate rate. *See* , *e.g.* , *Notice of Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances: Glycine from Japan* , 72 FR 67271 (November 28, 2007) (citing *Notice of Final Determinations of Sales at Less Than Fair Value: Certain Cold-Rolled Flat-Rolled Carbon-Quality Steel Products From Argentina, Japan and Thailand* , 65 FR 5520, 5527-28 (February 4, 2000) and *Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Plate in Coil from Canada* , 64 FR 15457 (March 31, 1999)). *See also Final Determination of Sales at Less Than Fair Value: Sodium Hexametaphosphate From the People's Republic of China* , 73 FR 6479 (February 4, 2008). Therefore, in this case, we have assigned to Newlife the simple average of the margins alleged in the petition, *i.e.* , 105.00 percent. *See* Memorandum from Shawn Higgins, International Trade Compliance Analyst, AD/CVD Operations, Office 4, to the File, “Antidumping Duty Investigation of Raw Flexible Magnets from the People's Republic of China (PRC): Calculation of Margin Applied to Separate Rate Applicant,” dated April 18, 2008 (“Separate Rate Calculation Memorandum”). Adverse Facts Available Sections 776(a)(1) and
(2)of the Act provide that the Department shall apply “facts otherwise available” if, *inter alia* , necessary information is not on the record or an interested party:
(A)withholds information requested by the Department,
(B)fails to provide such information by the deadline, or in the form or manner requested,
(C)significantly impedes a proceeding, or
(D)provides information that cannot be verified, as provided by section 782(i) of the Act. Where the Department determines that a response to a request for information does not comply with the request, section 782(d) of the Act provides that the Department will so inform the party submitting the response and will, to the extent practicable, provide that party the opportunity to remedy or explain the deficiency. If the party fails to remedy the deficiency within the applicable time limits and, subject to section 782(e) of the Act, the Department may disregard all or part of the original and subsequent responses, as appropriate. Pursuant to section 782(e) of the Act, the Department shall not decline to consider submitted information if all of the following requirements are met:
(1)The information is submitted by the established deadline;
(2)the information can be verified;
(3)the information is not so incomplete that it cannot serve as a reliable basis for reaching the applicable determination;
(4)the interested party has demonstrated that it acted to the best of its ability; and
(5)the information can be used without undue difficulties. On February 12, 2008, counsel for Polyflex informed the Department that it would not continue participation in the instant investigation. *See* Polyflex Withdrawal Letter. Because Polyflex ceased participation in the instant investigation prior to submitting responses to the Department's sections C and D supplemental questionnaires, the Department was unable to obtain information necessary to complete the investigation. Furthermore, by ending its participation, Polyflex denied the Department the ability to ask additional section A supplemental questions, and conduct its verification of Polyflex's responses. Verification is integral to the Department's analysis because it allows the Department to validate that it is relying upon accurate information and calculating dumping margins as accurately as possible. By withdrawing from the investigation, and thereby not allowing verification, Polyflex prevented the Department from corroborating its reported information, including separate rates information, and significantly impeded the proceeding. Moreover, by not allowing verification, Polyflex failed to demonstrate that it operates free of government control and that it is entitled to a separate rate. Therefore, we find that Polyflex is part of the PRC-wide entity. Moreover, because the PRC-wide entity, including Polyflex, failed to respond to our questionnaires, we find that the use of facts available, pursuant to sections 776(a)(2)(A), (C), and (D), is appropriate in determining the applicable dumping margin for the PRC-wide entity. The Department attempted to identify additional mandatory respondents by issuing shipment letters to Marketa and Logimag on November 15, 2007, and November 29, 2007, respectively. The Department issued a second shipment questionnaire to Marketa on November 28, 2007, and to Logimag on December 12, 2007. These companies did not respond to the Department's requests for information. We have treated the non-responsive PRC producers/exporters as part of the PRC-wide entity because they did not qualify for a separate rate. Since the PRC-wide entity withheld information requested by the Department, we find that the use of facts available is appropriate to determine the PRC-wide rate, pursuant to section 776(a)(2)(A) of the Act. *See Preliminary Determination of Sales at Less Than Fair Value, Affirmative Preliminary Determination of Critical Circumstances and Postponement of Final Determination: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam* , 68 FR 4986 (January 31, 2003), unchanged in *Final Determination of Sales at Less Than Fair Value and Affirmative Critical Circumstances: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam* , 68 FR 37116 (June 23, 2003). Section 776(b) of the Act provides that, in selecting from among the facts otherwise available, the Department may employ an adverse inference if an interested party fails to cooperate by not acting to the best of its ability to comply with requests for information. *See Final Determination of Sales at Less Than Fair Value: Certain Cold-Rolled Flat-Rolled Carbon Quality Steel Products from the Russian Federation* , 65 FR 5510, 5518 (February 4, 2000); *Certain Welded Carbon Steel Pipes and Tubes From Thailand: Final Results of Antidumping Duty Administrative Review* , 62 FR 53808, 53819-20 (October 16, 1997); *Crawfish Processors Alliance v. United States* , 343 F. Supp. 2d 1242 (CIT 2004) (approving use of AFA when respondent refused to participate in verification); *see also Statement of Administrative Action* , accompanying the Uruguay Round Agreements Act (“URAA”), H.R. Rep. No. 103-316, 870
(1994)(“SAA”). Polyflex's withdrawal from participation, non-cooperation in submitting requested information, and the fact that its withdrawal prevents the Department from conducting verification, constitute a failure to cooperate by not acting to the best of its ability to comply with requests for information in accordance with section 776(b) of the Act. Concerning the PRC exporters that refused to respond to the Department's shipment letters, because these exporters failed to respond to the Department's request for information, the Department concludes that these companies have failed to cooperate to the best of their abilities. Since Polyflex and the other PRC exporters did not receive separate rates, the Department considers all of these companies as part of the PRC-wide entity. Therefore, the Department preliminarily finds that the PRC-wide entity has not cooperated to the best of its ability. In selecting from among the facts available, an adverse inference is appropriate, pursuant to section 776(b) of the Act. Section 776(b) of the Act authorizes the Department to use, as AFA, information derived from the petition, the final determination from the LTFV investigation, a previous administrative review, or any other information placed on the record. In selecting a rate for AFA, the Department selects one that is sufficiently adverse “as to effectuate the purpose of the facts available rule to induce respondents to provide the Department with complete and accurate information in a timely manner.” *See Notice of Final Determination of Sales at Less Than Fair Value: Static Random Access Memory Semiconductors From Taiwan* , 63 FR 8909, 8932 (February 23, 1998). It is the Department's practice to select, as AFA, the higher of the
(a)highest margin alleged in the petition, or
(b)the highest calculated rate for any respondent in the investigation. * See Final Determination of Sales at Less Than Fair Value: Certain Cold-Rolled Flat-Rolled Carbon Quality Steel Products From the People's Republic of China * , 65 FR 34660 (May 21, 2000) and accompanying Issues and Decision Memorandum, at “Facts Available”. In this case, as adverse facts available, the Department has selected the highest margin alleged in the petition, 185.28 percent. Corroboration Section 776(c) of the Act provides that, when the Department relies on secondary information in using the facts otherwise available, it must, to the extent practicable, corroborate that information from independent sources that are reasonably at its disposal. We have interpreted “corroborate” to mean that we will, to the extent practicable, examine the reliability and relevance of the information submitted. *See Certain Cold-Rolled Flat-Rolled Carbon-Quality Steel Products From Brazil: Notice of Final Determination of Sales at Less Than Fair Value* , 65 FR 5554, 5568 (February 4, 2000); *see* , *e.g.* , *Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from Japan, and Tapered Roller Bearings, Four Inches or Less in Outside Diameter, and Components Thereof, from Japan; Preliminary Results of Antidumping Duty Administrative Reviews and Partial Termination of Administrative Reviews* , 61 FR 57391, 57392 (November 6, 1996). To corroborate the 105.00 and 185.28 percent margins used as facts available for Newlife and as adverse facts available for the PRC-wide entity, respectively, to the extent appropriate information was available, we reviewed the adequacy and accuracy of the information in the petition during our pre-initiation analysis. *See* “Import Administration AD Investigation Initiation Checklist: Raw Flexible Magnets from the People's Republic of China,” (“Initiation Checklist”) (October 11, 2007). We examined evidence supporting the calculations in the petition and the Pre-initiation Supplemental Response to determine the probative value of the margins alleged in the petition. During our pre-initiation analysis, we examined the information used as the basis of export price and NV in the petition, and the calculations used to derive the alleged margins. Also during our pre-initiation analysis, we examined information from various independent sources provided either in the petition or, based on our requests, in supplements to the petition, which corroborated key elements of the export price and NV calculations. *See id* . We received no comments as to the relevance or probative value of this information. Therefore, the Department finds that the rates derived from the petition for purposes of initiation are reliable for the purpose of being selected as the facts available and adverse facts available rates assigned to Newlife and the PRC-wide entity, respectively. Preliminary Determination Margins The Department has determined that the following preliminary dumping margins exist for the POI: Manufacturer/Exporter Margin (Percent) Guangzhou Newlife Magnet Co., Ltd. 1 105.00 PRC-wide Entity (including Polyflex) 185.28 1 Newlife both manufactures and exports subject merchandise. Disclosure In accordance with 19 CFR 351.224(b), the Department will disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days after the date of publication of these preliminary results. Suspension of Liquidation In accordance with section 733(d) of the Act, we will instruct U.S. Customs and Border Protection (“CBP”) to suspend liquidation of all entries of raw flexible magnets from the PRC, as described in the “Scope of Investigation” section, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the **Federal Register** . We will instruct CBP to require a cash deposit or the posting of a bond equal to the weighted-average dumping margin amount by which the NV exceeds U.S. price, as follows:
(1)The rate for the exporter/producer combinations listed in the chart above will be the rate we have determined in this preliminary determination;
(2)for all PRC exporters of subject merchandise which have not received their own rate, the cash-deposit rate will be the PRC-wide rate; and
(3)for all non-PRC exporters of subject merchandise which have not received their own rate, the cash-deposit rate will be the rate applicable to the PRC exporter/producer combination that supplied that non-PRC exporter. These suspension-of-liquidation instructions will remain in effect until further notice. ITC Notification In accordance with section 733(f) of the Act, we have notified the ITC of our preliminary affirmative determination of sales at LTFV. Section 735(b)(2) of the Act requires the ITC to make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of magnets, or sales (or the likelihood of sales) for importation, of the subject merchandise within 45 days of our final determination. Submission of New Factual Information 19 CFR 351.301(b)(1) states that new factual information must be submitted no later than seven days before the date on which verification is to commence. 2 The Department will not verify Polyflex's responses because it has withdrawn from participating in this investigation, as discussed above in the Adverse Facts Available section of this notice. Therefore, the deadline for submission of factual information in 19 CFR 351.301(b)(1) is not applicable. Instead, the deadline for submission of factual information in this investigation will be seven days after the date of publication of this notice. 2 In accordance with 19 CFR 351.301(c)(1), for the final determination of this investigation, interested parties may submit factual information to rebut, clarify, or correct factual information submitted by an interested party less than ten days before, on, or after, the applicable deadline for submission of such factual information. However, the Department notes that 19 CFR 351.301(c)(1) permits new information only insofar as it rebuts, clarifies, or corrects information recently placed on the record. The Department generally cannot accept the submission of additional, previously absent-from-the-record alternative surrogate value information pursuant to 19 CFR 351.301(c)(1). *See Glycine from the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Rescission, in Part* , 72 FR 58809 (October 17, 2007) and accompanying Issues and Decision Memorandum at Comment 2. Public Comment Interested parties may submit written comments (case briefs) within 30 days of publication of the preliminary results and rebuttal comments (rebuttal briefs), which must be limited to issues raised in the case briefs, within five days after the time limit for filing case briefs. *See* 19 CFR 351.309(c)(1)(i) and 19 CFR 351.309(d). Parties who submit arguments are requested to submit with the argument:
(1)a statement of the issue;
(2)a brief summary of the argument; and
(3)a table of authorities. Further, the Department requests that parties submitting written comments provide the Department with a disk containing the public version of those comments. Any interested party may request a hearing within 21 days of publication of this notice. *See* 19 CFR 351.310(c). Interested parties that wish to request a hearing or to participate if one is requested must submit a written request to the Assistant Secretary for Import Administration within 30 days of the date of publication of this notice. Requests should contain:
(1)the party's name, address, and telephone number;
(2)the number of participants; and
(3)a list of issues to be discussed. *See* 19 CFR 351.310(c). Issues raised in the hearing will be limited to those raised in the briefs. Unless the deadline is extended pursuant to section 735(a)(2) of the Act, the Department will make its final determination within 75 days after the date of this preliminary determination, pursuant to section 735(a)(1) of the Act. Dated: April 18, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-9099 Filed 4-24-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (A-583-842) Notice of Preliminary Determination of Sales at Less Than Fair Value: Raw Flexible Magnets from Taiwan AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 25, 2008. SUMMARY: We preliminarily determine that imports of raw flexible magnets from Taiwan are being, or are likely to be, sold in the United States at less than fair value, as provided in section 733 of the Tariff Act of 1930, as amended. Interested parties are invited to comment on this preliminary determination. We will make our final determination within 75 days after the date of this preliminary determination. FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Richard Rimlinger, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-1757 and
(202)482-4477, respectively. SUPPLEMENTARY INFORMATION: Background On October 18, 2007, the Department of Commerce (the Department) published in the **Federal Register** the initiation of an antidumping investigation on raw flexible magnets from Taiwan. See *Notice of Initiation of Antidumping Duty Investigations: Raw Flexible Magnets from the People's Republic of China and Taiwan* , 72 FR 59071 (October 18, 2007) ( *Initiation Notice* ). In accordance with the Preamble to the Department's regulations (see *Antidumping Duties; Countervailing Duties* , 62 FR 27296, 27323 (May 19, 1997) (Preamble)), in our *Initiation Notice* we set aside a period of time for parties to raise issues regarding product coverage and encouraged all parties to submit comments within 20 calendar days of publication of the *Initiation Notice* . On November 5, 2007, the International Trade Commission
(ITC)issued its affirmative preliminary determination that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of raw flexible magnets from the People's Republic of China and Taiwan. See *Raw Flexible Magnets from China and Taiwan* , 72 FR 63629 (November 9, 2007). On December 11, 2007, we selected Kin Fong Magnets Co., Ltd. (Kin Fong), Magruba Flexible Magnets Co., Ltd. (Magruba), and JASDI Magnet Co., Ltd. (JASDI), as the mandatory respondents in this investigation. See the Memorandum form Laurie Parkhill to Stephen J. Claeys entitled “Antidumping Duty Investigation on Raw Flexible Magnets from Taiwan - Selection of Respondents,” December 11, 2007. On March 13, 2008, the petitioner alleged that JASDI made home-market sales of raw flexible magnets at prices below the cost of production during the period of investigation. On March 26, 2008, we initiated an investigation to determine whether JASDI made home-market sales of raw flexible magnets at prices below the cost of production during the period of investigation. See Memorandum from Richard Rimlinger to Laurie Parkhill entitled “Raw Flexible Magnets from Taiwan: Request to Initiate Cost Investigation of JASDI Magnet Co., Ltd.,” dated March 26, 2008. Period of Investigation The period of investigation is July 1, 2006, through June 30, 2007. Scope of Investigation The products covered by this investigation are certain flexible magnet sheeting, strips, and profile shapes. Subject flexible magnet sheeting, strips, and profile shapes are bonded magnets composed (not necessarily exclusively) of
(i)any one or combination of various flexible binders (such as polymers or co-polymers, or rubber) and
(ii)a magnetic element, which may consist of a ferrite permanent magnet material (commonly, strontium or barium ferrite, or a combination of the two), a metal alloy (such as NdFeB or Alnico), any combination of the foregoing with each other or any other material, or any other material capable of being permanently magnetized. Subject flexible magnet sheeting, strips, and profile shapes are capable of being permanently magnetized, but may be imported in either magnetized or unmagnetized (including demagnetized) condition. Subject merchandise may be of any color and may or may not be laminated or bonded with paper, plastic, or other material, which paper, plastic, or other material may be of any composition and/or color. Subject merchandise may be uncoated or may be coated with an adhesive or any other coating or combination of coatings. Subject merchandise is within the scope of this investigation whether it is in rolls, coils, sheets, or pieces and regardless of physical dimensions or packaging, including specialty packaging such as digital printer cartridges. Specifically excluded from the scope of this investigation is retail printed flexible magnet sheeting, defined as flexible magnet sheeting (including individual magnets) that is laminated with paper, plastic or other material if such paper, plastic, or other material bears printed text and/or images, including but not limited to business cards, calendars, poetry, sports event schedules, business promotions, decorative motifs, and the like. This exclusion does not apply to such printed flexible magnet sheeting if the printing concerned consists of only the following: a trade mark or trade name; country of origin; border, stripes, or lines; any printing that is removed in the course of cutting and/or printing magnets for retail sale or other disposition from the flexible magnet sheeting; manufacturing or use instructions ( *e.g.* , “print this side up,” “this side up,” “laminate here”); printing on adhesive backing (that is, material to be removed in order to expose adhesive for use, such as application of laminate) or on any other covering that is removed from the flexible magnet sheeting prior or subsequent to final printing and before use; non-permanent printing (that is, printing in a medium that facilitates easy removal, permitting the flexible magnet sheeting to be re-printed); printing on the back (magnetic) side; or any combination of the above. All products meeting the physical description of subject merchandise that are not specifically excluded are included in this scope. The products subject to the investigation are currently classifiable principally under subheadings 8505.19.10 and 8505.19.20 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS subheadings are provided only for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. On November 7, 2007, SH Industries, a U.S. importer of subject merchandise, argued that magnetic photo pockets, which are flexible magnets with clear plastic material fused to the magnet to form a pocket into which photographs and other items may be inserted for display, should be excluded from the scope of the antidumping and countervailing duty investigations on raw flexible magnets from the People's Republic of China and Taiwan. On November 13, 2007, the petitioner filed a response to the request by SH Industries, arguing that magnetic photo pockets are properly within the scope of the investigations. On April 11, 2008, the petitioner submitted additional argument concerning this issue. Because we received this letter only four business days before the statutory deadline for this preliminary determination, we did not have an opportunity to consider it prior to issuance of this preliminary determination. We invite interested parties to submit comments on the petitioner's April 11, 2008, submission and to present evidence concerning the meaning of the terms “sheeting, strips, and profiles” as those terms are used within the industry. Additionally, because the scope language also states that “subject merchandise may be of any color and may or may not be laminated or bonded with paper, plastic or other material, which paper, plastic or other material may be of any composition and/or color,” we encourage interested parties to comment on whether the plastic photo pocket fused to the flexible magnet satisfies this description. Finally, interested parties may submit information that would be relevant in an analysis conducted pursuant to section 351.225(k)(2) of our regulations. The deadline for such comments will be 14 days after the publication of this notice. Rebuttal comments must be filed within five days thereafter. Comments should be addressed to Import Administration's Central Records Unit (CRU), Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230. Issuance of Questionnaire On December 11, 2007, we issued Sections A, B, C, D, and E 1 of the antidumping questionnaire to Kin Fong, Magruba, and JASDI. We received a timely response from JASDI. We did not receive a response from Kin Fong or Magruba by the close of business on January 2, 2008, the established deadline for Section A of our questionnaire. On January 8, 2008, we sent King Fong and Magruba a letter notifying them that we had not received a response to our Section A questionnaire. In our January 8, 2008, letters to Kin Fong and Magruba, we also informed them that any submissions that were not filed in accordance with 19 CFR 351.303 and 304 of our regulations would be deemed untimely filed pursuant to 19 CFR 351.302 and that we may use facts otherwise available for Kin Fong's and Magruba's antidumping margin in this investigation pursuant to sections 776(a) and
(b)of the Tariff Act of 1930, as amended (the Act). 1 Section A of the antidumping duty questionnaire requests general information concerning a company's corporate structure and business practices, the merchandise under investigation, and the manner in which it sells that merchandise in all of its markets. Section B requests a complete listing of all of the company's home-market sales of the foreign like product or, if the home market is not viable, of sales of the foreign like product in the most appropriate third-country market. Section C requests a complete listing of the company's U.S. sales of subject merchandise. Section D requests information of the cost of production of the foreign like product and the constructed value of the merchandise under investigation. Section E requests information on further-manufacturing activities. We have not received any response to our questionnaire or any other communication from Kin Fong since we issued the questionnaire to it. Magruba made attempts to respond to our January 8, 2008, letter claiming that it had not made sales during the POI as we discuss below. Although JASDI responded to Sections A, B, and C of our antidumping questionnaire initially, it did not respond to our March 11, 2008, supplemental questionnaire. Additionally, even though we informed JASDI that we had initiated an investigation to determine whether JASDI made sales of raw flexible magnets in Taiwan at prices that were below the cost of production and requested that JASDI respond to Section D of our antidumping questionnaire by April 10, 2008, JASDI did not respond to our request. Finally, the Department rejected JASDI's request to withhold certain information from disclosure under the administrative protective order (APO). The Department requested that JASDI resubmit this information, protected under the APO. Due to timing issues, the Department also requested written authorization to share this information protected under the terms of the APO with the petitioners. JASDI did not resubmit the information as requested and did not respond to the Department's request for authorization to release the information under the APO. Use of Facts Otherwise Available For the reasons discussed below, we determine that the use of adverse facts available
(AFA)is appropriate for the preliminary determination with respect to Kin Fong, Magruba, and JASDI. A. Use of Facts Available Section 776(a)(2) of the Act provides that, if an interested party withholds information requested by the administering authority, fails to provide such information by the deadlines for submission of the information and in the form or manner requested, subject to subsections (c)(1) and
(e)of section 782, significantly impedes a proceeding under this title, or provides such information but the information cannot be verified as provided in section 782(i), the administering authority shall use, subject to section 782(d) of the Act, facts otherwise available in reaching the applicable determination. Section 782(d) of the Act provides that, if the administering authority determines that a response to a request for information does not comply with the request, the administering authority shall promptly inform the responding party and provide an opportunity to remedy the deficient submission. Section 782(e) of the Act states further that the Department shall not decline to consider submitted information if all of the following requirements are met:
(1)the information is submitted by the established deadline;
(2)the information can be verified;
(3)the information is not so incomplete that it cannot serve as a reliable basis for reaching the applicable determination;
(4)the interested party has demonstrated that it acted to the best of its ability; and
(5)the information can be used without undue difficulties. In this case, Kin Fong, Magruba, and JASDI did not provide essential information we requested that is necessary to calculate an antidumping margin for the preliminary determination. Specifically, Kin Fong and Magruba failed to respond to all of our questionnaires, thereby withholding information that is necessary for reaching the applicable determination, pursuant to section 776(a)(2)(A) of the Act. Also, because JASDI failed to respond to Section D of our questionnaire and to supplement its section A, B, and C responses, we preliminarily find that the information submitted is not verifiable, that it is incomplete and cannot serve as a reliable basis for reaching our determination, and that we cannot use the information without undue difficulties. Specifically, despite our initiation of a cost investigation, we have no information on the record regarding JASDI's cost of production. Additionally, in our supplemental questionnaire we requested additional information necessary for us to make our determination. Thus, with respect to our preliminary determination, pursuant to sections 776(a)(2)(A), (B), (C), and
(D)of the Act, we have based the antidumping margin on facts otherwise available for Kin Fong, Magruba, and JASDI. B. Application of Adverse Inferences for Facts Available In applying the facts otherwise available, section 776(b) of the Act provides that, if the administering authority finds that an interested party has failed to cooperate by not acting to the best of its ability to comply with a request for information from the administering authority, in reaching the applicable determination under this title, the administering authority may use an inference adverse to the interests of that party in selecting from among the facts otherwise available. *See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value, and Postponement of Final Determination: Certain Circular Welded Carbon-Quality Line Pipe From Mexico* , 69 FR 59892 (October 6, 2004). Adverse inferences are appropriate “to ensure that the party does not obtain a more favorable result by failing to cooperate than if it had cooperated fully.” See Statement of Administrative Action accompanying the Uruguay Round Agreements Act, H.R. Doc. No. 103-316, vol.1
(1994)at 870 ( *SAA* ). Further, “affirmative evidence of bad faith on the part of a respondent is not required before the Department may make an adverse inference.” See *Antidumping Duties; Countervailing Duties* , 62 FR 27296, 27340 (May 19, 1997). Kin Fong With respect to Kin Fong, although the Department provided it with notice informing it of the consequences of its failure to respond adequately to the Department's questionnaire in this case pursuant to section 782(d) of the Act, Kin Fong did not respond to the questionnaire. This constitutes a failure on the part of Kin Fong to cooperate to the best of its ability to comply with a request for information by the Department within the meaning of section 776(b) of the Act. Because Kin Fong did not provide the information requested, section 782(e) of the Act is not applicable. Based on the above, the Department has preliminarily determined that Kin Fong failed to cooperate to the best of its ability and, therefore, in selecting from among the facts otherwise available, an adverse inference is warranted. See, *e.g., Notice of Final Determination of Sales at Less than Fair Value: Circular Seamless Stainless Steel Hollow Products from Japan* , 65 FR 42985 (July 12, 2000) (the Department applied total AFA where the respondent failed to respond to the antidumping questionnaire). Magruba With respect to Magruba, although the Department provided it with notice informing it of the consequences of its failure to respond adequately to the questionnaire in this case pursuant to section 782(d) of the Act, Magruba did not file a proper response to the questionnaire. On December 11, 2007, we sent Magruba a questionnaire. The response to Section A of our questionnaire was due on January 2, 2008. The response to sections B through D of our questionnaire was due on January 22, 2008. Because Magruba did not submit a Section A questionnaire response by the due date, we sent Magruba a follow-up letter on January 8, 2008, in which we repeated the consequences of its failure to respond adequately to our questionnaire. On January 9, 2008, Magruba transmitted to the Department a letter in which it claimed it did not sell subject merchandise to the United States during the POI. Magruba did not file its January 9, 2008, letter in accordance to our regulations. On January 19, 2008, we sent Magruba a letter in which we identified the filing, service, and certification deficiencies of Magruba's January 9, 2008, submission. Namely, Magruba did not mail the letter to the Department of Commerce in accordance with 19 CFR 351.303(b) but faxed and e-mailed the letter, which are not acceptable methods for filing purposes. In addition, Magruba did not file the requisite number of copies in accordance with 19 CFR 351.303(c), did not provide the proper specifications on its cover letter in accordance with 19 CFR 351.303(d)(2)(v), did not include a certification that it served a copy of its submission on interested parties in accordance with 19 CFR 351.303(f), and, finally, did not include a certificate of accuracy in accordance with 19 CFR 351.303(g). Also in our January 19, 2008, letter we enclosed a copy of the pertinent regulations (19 CFR 351.303) and a copy of the public service list. Finally, in our January 19, 2008, letter we informed Magruba that we had placed a copy of its January 9, 2008, on the record but requested that Magruba refile its Janaury 9, 2008, letter in accordance with 19 CFR 351.303 by the close of business on January 22, 2008. We emphasized that, if Magruba did not file future submissions within the set deadline and in accordance with our regulations, we would reject the submission which may result in our use of adverse facts available. Magruba did not refile its January 9, 2008, letter. On January 18, 2008, the petitioner filed comments on Magruba's Janaury 9, 2008, letter. The petitioner claimed that Magruba had in fact made sales of subject merchandise to the United States during the POI and supported its claim with import data sourced from the “PIERS” database. On February 19, 2008, Magruba faxed and e-mailed a second letter to the Department repeating the same filing, service, and certification deficiencies of its January 9, 2008, letter. The February 19, 2008, letter had different content than the January 8, 2008, letter and thus was not an attempt to refile the Janaury 9, 2008, letter. On March 3, 2008, we sent a letter to Magruba in which we rejected its February 19, 2008, letter due to its filing deficiencies. In the letter we identified the deficiencies and again included a copy of the pertinent regulations and public service list. We allowed Magruba a chance to remedy the deficiencies and refile its February 19, 2008, letter by March 10, 2008. Magruba did not refile the letter. Information we obtained from the U.S. Customs and Border Protection
(CBP)supports the petitioner's allegation that entries of subject merchandise from Magruba entered the United States during the POI. See Memorandum from Catherine Cartsos through Richard Rimlinger to the File, Less-Than-Fair-Value Investigation On Raw Magnets from Taiwan: Customs and Border Protection Entry Data for Magruba Flexible Magnets Co., Ltd., dated April 18, 2008 (Magruba CBP Data Memorandum). Magruba did not respond to our questionnaire. Even if Magruba believed that it did not sell merchandise covered by the scope of the investigation to the United States during the POI, Magruba still should have submitted a questionnaire response in which it could have argued before us its position and provide factual support to its argument. Magruba chose not to do so. When Magruba did attempt to communicate with the Department, it failed to follow the regulatory filing requirements. Moreover, Magruba failed to resubmit its defective submissions twice in accordance with the Department's instructions. Although Magruba contends in its January 9, 2008, letter that it had no shipments of subject merchandise, information on the record supports the petitioner's claim that Magruba did indeed sell subject merchandise to the United States during the POI. Accordingly we preliminarily find that Magruba failed to cooperate to the best of its ability and therefore it is appropriate to apply an adverse inference in selecting from among the facts available. JASDI As explained above, JASDI failed to provide pertinent information we requested that is necessary to calculate an antidumping margin for the preliminary determination. Specifically, JASDI withheld information concerning its sales practices and cost-of-production information, which is necessary for reaching the applicable determination. See section 776(a)(2)(A) of the Act. These actions constitute a failure on the part of JASDI to cooperate to the best of its ability to comply with a request for information by the Department within the meaning of section 776(b) of the Act. Accordingly, the Department has preliminarily determined that JASDI failed to cooperate to the best of its ability and, therefore, in selecting from among the facts otherwise available, an adverse inference is warranted. See *Notice of Preliminary Determination of Sales at Less Than Fair Value: Glycine From India* , 72 FR 62827 (November 7, 2007) (unchanged in *Notice of Amended Preliminary Determination of Sales at Less Than Fair Value: Glycine From India* , 72 FR 62826 (November 7, 2007)), and *Notice of Final Determination of Sales at Less Than Fair Value: Glycine from India* , 73 FR 16640 (March 28, 2008). Selection and Corroboration of Information Used as Facts Available Where the Department applies AFA because a respondent failed to cooperate by not acting to the best of its ability by complying with a request for information, section 776(b) of the Act authorizes the Department to rely on information derived from the petition, a final determination, a previous administrative review, or other information placed on the record. See also 19 CFR 351.308(c) and the *SAA* at 829-831. It is the Department's practice to use the highest calculated rate from the petition in an investigation when a respondent fails to act to the best of its ability to provide the necessary information and there are no other respondents. See, *e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Purified Carboxymethylcellulose From Finland* , 69 FR 77216 (December 27, 2004) (unchanged in *Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethylcellulose From Finland* , 70 FR 28279 (May 17, 2005)). In this case, because we are unable to calculate a margin for Kin Fong, Magruba, and JASDI and because an adverse inference is warranted, we have assigned to these firms a margin of 38.03 percent, the highest margin alleged in the petition. See *Antidumping Duty Petition on Raw Flexible Magnets from the People's Republic of China and Taiwan* (September 21, 2007) and its September 27, 2007, October 1, 2007, October 9, 2007, October 10, 2007, and October 11, 2007, supplements (collectively *Petition* ) filed on behalf of Magnum Magnetics Corporation (the petitioner). When using facts otherwise available, section 776(c) of the Act provides that, when the Department relies on secondary information (such as the petition) rather than on information obtained in the course of an investigation, it must corroborate, to the extent practicable, information from independent sources that are reasonably available at its disposal. The SAA clarifies that “corroborate” means the Department will satisfy itself that the secondary information to be used has probative value. See *SAA* at 870. As stated in *Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from Japan, and Tapered Roller Bearings, Four Inches or Less in Outside Diameter, and Components Thereof, from Japan; Preliminary Results of Antidumping Duty Administrative Reviews and Partial Termination of Administrative Reviews* , 61 FR 57391, 57392 (November 6, 1996) (unchanged in *Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From Japan, and Tapered Roller Bearings, Four Inches or Less in Outside Diameter, and Components Thereof, From Japan; Final Results of Antidumping Duty Administrative Reviews and Termination in Part* , 62 FR 11825, 11843 (March 13, 1997)), to corroborate secondary information, the Department will examine, to the extent practicable, the reliability and relevance of the information used. The Department's regulations state that independent sources used to corroborate such evidence may include, for example, published price lists, official import statistics and customs data, and information obtained from interested parties during the particular investigation. See 19 CFR 351.308(d) and the *SAA* at 870. For the purposes of this investigation, to the extent appropriate information was available, we reviewed the adequacy and accuracy of the information in the *Petition* during our pre-initiation analysis and for purposes of this preliminary determination. See *Antidumping Duty Investigation Initiation Checklist: Raw Flexible Magnets from Taiwan* (October 18, 2007) (Taiwan Initiation Checklist). We also examined evidence supporting the calculations in the *Petition* to determine the probative value of the margins alleged in the *Petition* . In addition, we examined the key elements of the constructed export-price
(CEP)and normal-value calculations used in the Petition to derive antidumping margins. Our examination also included information from various independent sources provided either in the *Petition* or, based on our requests, in supplements to the Petition. These data corroborate key elements of the CEP and normal-value calculations. The petitioner calculated CEP using two price offers from the U.S. affiliated reseller of JASDI, a Taiwanese producer of raw flexible magnets. The petitioner provided an affidavit from the employee who obtained the price offers. The petitioner deducted amounts for foreign inland-freight costs, international freight costs, U.S. inland-freight costs, U.S. operating expenses (as indirect selling expenses), inventory carrying costs, and CEP profit. The petitioner used publicly available data, such as import statistics from the Bureau of Census, to estimate charges for freight expenses and marine-insurance expenses. Due to the payment terms described in the price offers, the petitioner made no adjustments for imputed credit expense. See *Taiwan Initiation Checklist* at 6. We obtained no other information that would make us question the reliability of the pricing information provided in the *Petition* . Based on our examination of the aforementioned information, we consider the petitioner's calculation of net U.S. prices corroborated. With respect to normal value, the petitioner calculated normal value using six price quotes, obtained by a market researcher, from JASDI, the Taiwanese producer of the subject merchandise. The petitioner did not make any adjustment for packing because the packing expenses were included in the price quotes and, therefore, the petitioner was unable to quantify the exact difference in packing materials and costs. In addition, because of the sale and payment terms described in the price quote, the petitioner made no adjustments for freight or imputed credit expense. See *Taiwan Initiation Checklist* at 6. We consider the petitioner's calculation of normal value to be corroborated because the calculations relied on actual price quotes obtained from a Taiwanese respondent manufacturer of subject merchandise. Therefore, because we confirmed the accuracy and validity of the information underlying the derivation of margins in the *Petition* by examining source documents as well as publicly available information, we preliminarily determine that the margins in the *Petition* are reliable for the purposes of this investigation. In making a determination as to the relevance aspect of corroboration, the Department will consider information reasonably at its disposal as to whether there are circumstances that would render a margin not relevant. Where circumstances indicate that the selected margin is not appropriate as AFA, the Department will disregard the margin and determine an appropriate margin. For example, in *Fresh Cut Flowers from Mexico: Final Results of Antidumping Duty Administrative Review* , 61 FR 6812 (February 22, 1996), the Department disregarded the highest margin as “best information available” (the predecessor to “facts available”) because the margin was based on another company's uncharacteristic business expense that resulted in an unusually high dumping margin. In *Am. Silicon Techs. v. United States* , 273 F. Supp. 2d 1342, 1346 (CIT 2003), the court found that the AFA rate bore a “rational relationship” to the respondent's “commercial practices” and was, therefore, relevant. In the pre-initiation stage of this investigation, we confirmed that the calculation of margins in the *Petition* reflects commercial practices of the particular industry during the POI. Further, no information has been presented in the investigation that calls into question the relevance of this information. As such, we preliminarily determine that the highest margin in the *Petition* , which we determined during our pre-initiation analysis was based on adequate and accurate information and which we have corroborated for purposes of this preliminary determination, is relevant as the AFA rate for Kin Fong, Magruba, and JASDI in this investigation. Similar to our position in *Polyethylene Retail Carrier Bags from Thailand: Preliminary Results of Antidumping Duty Administrative Review* , 71 FR 53405 (September 11, 2006) (unchanged in *Polyethylene Retail Carrier Bags from Thailand: Final Results of Antidumping Duty Administrative Review* , 72 FR 1982 (January 17, 2007)), because this is the first proceeding involving Kin Fong, Magruba, and JASDI there are no probative alternatives. Accordingly, by using information that was corroborated in the pre-initiation stage of this investigation and preliminarily determined to be relevant to these firms in this investigation, we have corroborated the AFA rate “to the extent practicable.” See section 776(c) of the Act, 19 CFR 351.308(d), and *NSK Ltd. v. United States* , 346 F. Supp. 2d 1312, 1336 (CIT 2004) (stating, “pursuant to the to the extent practicable' language the corroboration requirement itself is not mandatory when not feasible”). Therefore, we find that the estimated margin of 38.03 percent in the *Initiation Notice* has probative value. Consequently, in selecting AFA with respect to Kin Fong, Magruba , and JASDI, we have applied the margin rate of 38.03 percent, the highest estimated dumping margin set forth in the notice of initiation. See *Initiation Notice* . All-Others Rate Section 735(c)(5)(B) of the Act provides that, where the estimated weighted-averaged dumping margins established for all exporters and producers individually investigated are zero or *de minimis* or are determined entirely under section 776 of the Act, the Department may use any reasonable method to establish the estimated all-others rate for exporters and producers not individually investigated. Our recent practice under these circumstances has been to assign, as the all-others rate, the simple average of the margins in the petition. See *Notice of Final Determination of Sales at Less Than Fair Value: Glycine from the Republic of Korea* , 72 FR 67275 (November 28, 2007); see also *Notice of Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances: Glycine from Japan* , 72 FR 67271 (November 28, 2007). Consistent with our practice we calculated a simple average of the rates in the *Petition* , as listed in the *Initiation Notice* , and assigned this rate to all other manufacturers/exporters. For details of these calculations, see the memorandum from Catherine Cartsos to File entitled “Antidumping Duty Investigation on Raw Flexible Magnets from Taiwan - Analysis Memo for All-Others Rate,” dated April 18, 2008. Suspension of Liquidation In accordance with section 733(d) of the Act, we are directing U.S. Customs and Border Protection
(CBP)to suspend liquidation of all entries of raw flexible magnets from Taiwan that are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the **Federal Register** . We will instruct CBP to require a cash deposit or the posting of a bond equal to the margins, as indicated in the chart below. These suspension-of-liquidation instructions will remain in effect until further notice. The dumping margins are as follows: Manufacturer or Exporter Margin (percent) Kin Fong 38.03 Magruba 38.03 JASDI 38.03 All Others 31.20 International Trade Commission Notification In accordance with section 733(f) of the Act, we have notified the ITC of our preliminary determination of sales at less than fair value. If our final antidumping determination is affirmative, the ITC will determine whether the imports covered by that determination are materially injuring, or threatening material injury to, the U.S. industry. The deadline for the Commission's determination would be the later of 120 days after the date of this preliminary determination or 45 days after the date of our final determination. Public Comment Case briefs for this investigation must be submitted no later than 30 days after the publication of this notice. Rebuttal briefs must be filed within five days after the deadline for submission of case briefs. A list of authorities used, a table of contents, and an executive summary of issues should accompany any briefs submitted to the Department. Executive summaries should be limited to five pages total, including footnotes. Section 774 of the Act provides that the Department will hold a hearing to afford interested parties an opportunity to comment on arguments raised in case or rebuttal briefs, provided that such a hearing is requested by an interested party. If a request for a hearing is made in an investigation, the hearing normally will be held two days after the deadline for submission of the rebuttal briefs at the U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. See 19 CFR 351.310(d)(1). Parties should confirm by telephone the time, date, and place of the hearing 48 hours before the scheduled time. Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request within 30 days of the publication of this notice. See 19 CFR 351.310(c). Requests should specify the number of participants and provide a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. We will not be conducting verifications of Kin Fong, Magruba, and JASDI because they have failed to file responses to all of our questionnaires, as discussed above in the Use of Facts Available section of this notice. Therefore, the deadline for submission of factual information in 19 CFR 351.301(b)(1) is not applicable. Thus, the deadline for submission of factual information in this investigation will be seven days after the date of publication of this notice. We will make our final determination within 75 days after the date of this preliminary determination, pursuant to section 735(a)(1) of the Act. This determination is issued and published pursuant to sections 733(f) and 777(i)(1) of the Act. Dated: April 18, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-9141 Filed 4-24-08; 8:45 am] BILLING CODE: 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-570-886 Polyethylene Retail Carrier Bags from the Peoples' Republic of China; Notice of Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 25, 2008. FOR FURTHER INFORMATION CONTACT: Karine Gziryan or Mark Manning, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-4081 and
(202)482-5253, respectively. SUPPLEMENTARY INFORMATION: Background On May 25, 2007, the Department of Commerce (“Department”) published a notice of initiation of administrative review of the antidumping duty order on polyethylene retail carrier bags from the Peoples' Republic of China (“PRC”). *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 72 FR 54428 (September 25, 2007). The period of review is August 1, 2006, through July 31, 2007. The preliminary results of this administrative review are currently due no later than May 2, 2008. Extension of Time Limit for Preliminary Results Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“Act”), the Department shall make a preliminary determination in an administrative review of an antidumping duty order within 245 days after the last day of the anniversary month of the date of publication of the order. Section 751(a)(3)(A) of the Act further provides, however, that the Department may extend the 245-day period to 365 days if it determines it is not practicable to complete the review within the foregoing time period. The Department determines that it is not practicable to complete this administrative review within the time limits mandated by section 751(a)(3)(A) of the Act because this review involves examining a number of complex issues related to the factors of production and surrogate values. The Department requires additional time to issue and analyze supplemental questionnaires regarding these issues. Therefore, in accordance with section 751(a)(3)(A) of the Act, the Department is extending the time period for completing the preliminary results of this administrative review until August 30, 2008, which is 365 days from the last day of the anniversary month of the date of publication of the order. However, August 30, 2008, falls on a Saturday and September 1, 2008, is a federal holiday. It is the Department's long-standing practice to issue a determination the next business day when the statutory deadline falls on a weekend, federal holiday, or any other day when the Department is closed. *See Notice of Clarification: Application of “Next Business Day” Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended* , 70 FR 24533 (May 10, 2005). Accordingly, the deadline for completion of the preliminary results is now no later than September 2, 2008. The deadline for the final results of the review continues to be 120 days after the publication of the preliminary results. This extension notice is issued and published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: April 18, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-9096 Filed 4-24-08; 8:45 am] BILLING CODE: 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with March anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department also received a request to revoke one antidumping duty order in part. DATES: *Effective Date:* April 25, 2008. FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD Operations, Customs Unit, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone:
(202)482-4697. SUPPLEMENTARY INFORMATION: Background The Department has received timely requests, in accordance with 19 CFR 351.213(b)(2004), for administrative reviews of various antidumping and countervailing duty orders and findings with March anniversary dates. The Department received a timely request to revoke in part the antidumping duty order on Certain Tissue Paper Products from the People's Republic of China with respect to one exporter. Initiation of Reviews In accordance with section 19 CFR 351.221(c)(1)(i), we are initiating administrative reviews of the following antidumping and countervailing duty orders and findings. We intend to issue the final results of these reviews not later than March 31, 2009. Period to be reviewed Antidumping Duty Proceedings BRAZIL: Certain Hot-Rolled Carbon Steel Flat Products A-351-828 3/1/07-2/29/08 Companhia Siderurgica Nacional Companhia Siderurgica de Tubarao BRAZIL: Certain Orange Juice A-351-840 3/1/07-2/29/08 Fischer S.A. Comercio, Industria, and Agricultura (successor-in-interest to Fischer S/A Agroindustria) Sucocitrico Cutrale Ltda GERMANY: Brass Sheet and Strip A-428-602 3/1/07-2/29/08 Wieland-Werke AG THAILAND: Circular Welded Carbon Steel Pipes and Tubes A-549-502 3/1/07-2/29/08 Saha Thai Steel Pipe Company, Ltd THE PEOPLE'S REPUBLIC OF CHINA: Certain Tissue Paper Products 1 A-570-894 3/1/07-2/29/08 Foshan Sansico Co., Ltd Guilin Qifeng Paper Co., Ltd Max Fortune Industrial Limited/Max Fortune (FETDE) Paper Products Co., Ltd PT Grafitecindo Ciptaprima PT Printec Perkasa PT Printec Perkasa II PT Sansico Utama Sansico Asia Pacific Limited Vietnam Quijiang Paper Co., Ltd THE PEOPLE'S REPUBLIC OF CHINA: Glycine 2 A-570-836 3/1/07-2/29/08 A.H.A. International Company, Ltd Amol Biotech Limited Antai Bio-Tech Co. Limited Baoding Mantong Fine Chemistry Co., Ltd Beijing Jian Li Pharmaceutical Company Degussa Rexim (Nanning) Du-Hope International Group Hua Yip Company Inc Hubei guangji Pharmaceutical Co Huzhou New Century International Trade Co Jizhou City Huayang Chemical Company, Ltd Jiangxi Ansun Chemical Technology Nantong Dongchang Chemical Industry Corp Nantong Weifu Foreign Trade Co., Ltd Pudong Trans USA, Inc Qingdao Samin Chemical Company, Ltd Santec Chemicals Corporation Schenker China Ltd Shanghai Freemen Lifescience Co., Ltd Sinosweet Co., Ltd Suzhou Everich Imp. & Exp. Co., Ltd Taigene Global Enterprises Ltd Tianjin Tiancheng Pharmaceutical Co Wenda Co., Ltd 1 If one of the above-named companies does not qualify for a separate rate, all other rate, all other exporters of Certain Tissue Paper Products from the People's Republic of China who have not qualified for a separate rate are deemed to be covered by this new review as part of the single PRC entity of which the named exporters are a part. 2 If one of the above-named companies does not qualify for a separate rate, all other exporters of Glycine from the People's Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. Countervailing Duty Proceedings None. Suspension Agreements None. During any administrative review covering all or part of a period falling between the first and second or third and fourth anniversary of the publication of an antidumping duty order under section 351.211 or a determination under section 351.218(f)(4) to continue an order or suspended investigation (after sunset review), the Secretary, if requested by a domestic interested party within 30 days of the date of publication of the notice of initiation of the review, will determine, consistent with *FAG Italia* v. *United States* , 291 F.3d 806 (Fed. Cir. 2002), as appropriate, whether antidumping duties have been absorbed by an exporter or producer subject to the review if the subject merchandise is sold in the United States through an importer that is affiliated with such exporter or producer. The request must include the name(s) of the exporter or producer for which the inquiry is requested. Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305. On January 22, 2008, the Department published * Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures * (73 FR 3634). Those procedures apply to administrative reviews included in this notice of initiation. Parties wishing to participate in any of these administrative reviews should ensure that they meet the requirements of these procedures ( *e.g.* , the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)). These initiations and this notice are in accordance with section 751(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1765(a)), and 19 CFR 351.221(c)(1)(i). Dated: April 21, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-9123 Filed 4-24-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XH46 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. SUMMARY: The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that an Exempted Fishing Permit
(EFP)application submitted by David Beutel and Laura Skrobe of the University of Rhode Island
(URI)contains all of the required information and warrants further consideration. The EFP would enable researchers to test an experimental net that uses very large mesh panels to increase escapement of cod relative to haddock by granting exemption from the Gulf of Maine
(GOM)Rolling Closure Areas II and III. The Assistant Regional Administrator has made a preliminary determination that the activities authorized under this EFP would be consistent with the goals and objectives of the Northeast
(NE)Multispecies Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue an EFP. Therefore, NMFS announces that the Assistant Regional Administrator proposes to recommend that an EFP be issued that would allow two commercial fishing vessels to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs. DATES: Comments must be received on or before May 12, 2008. ADDRESSES: You may submit written comments by any of the following methods: • Email: *DA8-066@noaa.gov* . Include in the subject line “Comments on Eliminator Trawl EFP.” • Mail: Patricia A. Kurkul, Regional Administrator, NMFS, NE Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope “Comments on Eliminator Trawl EFP.” • Fax:
(978)281-9135. FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Management Specialist, 978-281-9341. SUPPLEMENTARY INFORMATION: A complete application for an EFP was submitted on April 2, 2008, by David Beutel and Laura Skrobe for a project entitled “Exploring Bycatch Reduction in the Haddock Fishery Through the Use of the Eliminator Trawl with Fishing Vessels in the 250 to 550 Horsepower Range” funded under the Northeast Region Cooperative Research Partnership Program. The study would conduct field testing of a new net design, referred to as the Eliminator Trawl, specifically scaled for vessels with 250 to 550 horsepower engines. This trawl net is equipped with very large mesh in selected portions of the body to increase escapement of cod and flatfish while retaining haddock. The original Eliminator Trawl, currently being considered as an additional gear in special programs in the NE multispecies fishery, is not designed to allow smaller powered vessels to utilize this net. The EFP would exempt two vessels from the seasonal GOM Rolling Closure Areas II and III, as specified at 50 CFR 648.81(f)(1)(ii) and (iii), while conducting research trips. These closure areas are believed to provide the mix of species needed, while still being close enough to shore for the safe operation of these smaller vessels. The goal of the research is to demonstrate the efficiency of this net design to selectively target haddock. The applicants intend that, if sufficiently effective, the gear be proposed by the New England Fishery Management Council for use in existing Special Access Programs
(SAPs)or for the development of a new SAP in the study area. Research trips would be conducted within 30-minute squares 132 and 133 and the vessels would conduct side-by-side tows. One vessel would fish with the experimental trawl and the other with a standard legal groundfish trawl. The experimental trawl net employs graduated webbing starting with 5 foot (1.524 m) meshes and ending with the legal minimum 6-inch (15.24-cm) mesh size in the body and 6.5-inch (16.51-cm) mesh in the codend. Each vessel would conduct four to six 1-hour tows per day over six days between the start of the EFP and May 30, 2008, and again between April 1 and May 30, 2009. The researchers believe the best mix of haddock, Atlantic cod, and flounders would be present in this area during this period. Overall, the total expected catch from both the experimental and commercial trawls would be: Species Estimated Catch Atlantic Cod 14,400 lb (6,531.7 kg) Haddock 30,000 lb (13,607.8 kg) American Plaice 400 lb (181.4 kg) Yellowtail Flounder 10 lb (4.5 kg) Based on other previous research conducted in the proposed area and season, the researchers estimate that the vessels would catch less that 50 lb (22.7 kg) each of other regulated groundfish species, white hake, winter flounder, witch flounder, windowpane flounder, redfish, and pollock. The vessels would be charged A days-at-sea
(DAS)during the research trips and would be subject to applicable size and possession limits. Undersized, or otherwise protected fish, would not be retained or landed. Legal sized fish would be landed and sold under normal NE multispecies DAS and other applicable regulations. The applicant may request minor modifications and extensions to the EFP throughout the year. EFP modifications and extensions may be granted without further notice if they are deemed essential to facilitate completion of the proposed research and have minimal impacts that do not change the scope or impact of the initially approved EFP request. Any fishing activity conducted outside the scope of the exempted fishing activity would be prohibited. Authority: 16 U.S.C. 1801 *et seq.* Dated: April 22, 2008. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-9048 Filed 4-24-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XH38 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments SUMMARY: The Regional Administrator, Southwest Region, NMFS has made a preliminary determination that an application for an Exempted Fishing Permit
(EFP)warrants further consideration. The application was submitted to NMFS by a California-based commercial fisherman requesting an exemption for a single vessel from the longline fishing prohibitions within the U.S. Exclusive Economic Zone
(EEZ)off the West Coast during the 2008 fishing year beginning mid-September 2008, or, if administrative delays occur, during the 2009 fishing year beginning mid-September 2009. The Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP). However, further review and consultation is necessary before a final determination is made to issue the EFP. Therefore, NMFS proposes to review the EFP and requests public comment on the application. The application is available for review on the NMFS Southwest Region website: *https://swr.nmfs.noaa.gov/* . DATES: Comments must be received by May 27, 2008. ADDRESSES: You may submit comments on this notice, identified by “RIN 0648-XH38” by any of the following methods: • E-mail: *LonglineEFP.SWR@noaa.gov* . Include the RIN in the subject line of the message. • Mail: Rodney R. McInnis, Regional Administrator, Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213. • Fax:
(562)980-4047. FOR FURTHER INFORMATION CONTACT: Mark Helvey, Southwest Region, NMFS,
(562)980-4040. SUPPLEMENTARY INFORMATION: An application for an EFP was submitted to the Pacific Fisheries Management Council (Council) by Peter Dupuy, a commercial fishing vessel owner, in March 2008. EFPs for fishing under the HMS FMP are governed by 50 CFR 600.745 and 660.718. The EFP would exempt a single vessel from following the gear and fishing restrictions at 50 CFR 660.712(a) implementing the HMS FMP that prohibit owners and operators of vessels registered for use of longline gear from using longline gear to fish for or target HMS within the U.S. EEZ. The applicant applied for the EFP with the intent to conduct an exploratory test fishery with a single vessel to gather information on the economic viability and environmental effects, including the potential impacts to protected species and non-target finfish interactions, of fishing for swordfish in the West Coast EEZ. At its April 2008 meeting, the Council, with advice from its HMS Management Team and HMS Advisory Subpanel, adopted a preferred alternative for the EFP and forwarded that alternative to NMFS, recommending that the agency review the proposed EFP and, if consistent with Federal law, issue the permit. The Council recommended that the applicant be subject to a cap of one short-finned pilot whale and 12 striped marlin, and a prohibition for fishing off the State of Washington. The Council recommended that the fishery be managed through limits on the amount of incidental take of protected species that may be exposed to and adversely affected by this action. The limits will be established based upon Section 7 consultations under the Endangered Species Act by NMFS for marine mammals and sea turtles, and by the U. S. Fish and Wildlife Service for seabirds. If any one of the limits set by these consultations is reached by the fishery authorized by the EFP, the permit would be immediately revoked. The EFP would require 100 percent NMFS observer coverage. The Council's recommendations, described above, would be established as permit conditions. If approved, the EFP would authorize a single vessel to longline fish in the EEZ off of Oregon and California. Under the proposed terms and conditions of the EFP, the vessel would target swordfish utilizing shallow-set longline gear which is set at a shallower depth (<100 m) than deep-set longline gear which is typically set in the deeper thermocline zone (~300-400 m) for tunas. The applicant would be allowed a maximum of four trips between September and December, 2008, or between September and December, 2009, and a maximum of 14 sets per trip. Fishing would neither be allowed within 50 nautical miles of the coastline nor within the Southern California Bight. The Bight is defined in general terms as coastal waters from Point Conception in the north to just past San Diego in the south, and extending offshore of San Nicolas Island (Channel Islands National Marine Sanctuary waters would be excluded from the fishing area). The mainline may not exceed 100 km and no more than 1,200 hooks may be deployed per set. The applicant would be required to use 18/0 circle hooks with a 10° offset and mackerel or mackerel-type bait (as described at 50 CFR 665.33(f) and (g), respectively). To reduce potential interactions with seabirds, gear could not be set until one hour after local sunset and must be fully deployed before local sunrise. A certain percentage of the deployed gear would be required to be outfitted with time/depth recorders to measure fishing depth; the percentage would be determined by NMFS based on the amount of data needed to extrapolate the depth of all the hooks. The applicant would be required to use a NMFS-certified shark de-hooking device to improve the post-release survivability of incidentally captured sharks. Aside from the exemptions described above, the vessel fishing under the EFP would be subject to all other regulations implementing the HMS FMP, including measures to protect sea turtles, marine mammals, and seabirds. The EFP application would be effective for 2008 or 2009 only. In accordance with NOAA Administrative Order 216-6, an appropriate National Environmental Policy Act document will be completed prior to the issuance of the EFP. A draft Environmental Assessment on the EFP was presented to the Council and public in April 2008. Further review and consultation is necessary before a final determination is made to issue the EFP. As required in Section 7(a)(2) of the Endangered Species Act (16 U.S.C. 1531 *et seq.* ), NMFS will engage in formal consultation to determine if the proposed action is likely to jeopardize the continued existence and recovery of any endangered or threatened species or result in the destruction or adverse modification of critical habitat. Dated: April 22, 2008. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-9049 Filed 4-24-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG85 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. SUMMARY: The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that an Exempted Fishing Permit
(EFP)application submitted by the Gulf of Maine Research Institute
(GMRI)contains all of the required information and warrants further consideration. The Assistant Regional Administrator has made a preliminary determination that the activities authorized under this EFP would be consistent with the goals and objectives of the Monkfish Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue an EFP. Therefore, NMFS announces that the Assistant Regional Administrator proposes to recommend that an EFP be issued that would allow 11 commercial fishing vessels to conduct compensation fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. This EFP, which would enable vessels to harvest monkfish granted through the Monkfish Research Set-Aside
(RSA)Program, would grant exemptions from the monkfish days-at-sea
(DAS)possession limits in the Southern Fishery Management Area. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs. DATES: Comments must be received on or before May 12, 2008. ADDRESSES: You may submit written comments by any of the following methods: • Email: DA8-081@noaa.gov. Include in the subject line “Comments on GMRI Monkfish EFP.” • Mail: Patricia A. Kurkul, Regional Administrator, NMFS, NE Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope “Comments on GMRI monkfish EFP, DA8-081.” • Fax:
(978)281-9135. FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management Specialist, 978-281-9244. SUPPLEMENTARY INFORMATION: An application for an EFP was submitted by GMRI on March 21, 2008, for a project funded under the New England and Mid-Atlantic Fishery Management Councils' Monkfish RSA Program. The project itself will evaluate the discard of monkfish caught as bycatch on Northeast
(NE)multispecies DAS and directed monkfish trips. Research trips will be covered under a separate EFP. This EFP would grant an exemption from monkfish possession limits to 11 vessels for the purpose of harvesting RSA to fund this research project (i.e. compensation fishing). Funds generated by the compensation fishing will be used to pay for vessel charters, technical and sampling equipment, as well as salaries and stipends for principal investigators and industry collaborators. The research portion of this project will occur over the course of 1 year and will utilize boat- and port-based data collection programs to estimate and compare monkfish discards between boats trawling for NE multispecies in the DAS program and directed monkfish trips in the Gulf of Maine. The boat-based program will utilize the Study Fleet electronic logbook and independent at-sea sampling, and will be complemented with port-based sampling of retained and otherwise discarded monkfish. The research would be covered under the programmatic Study Fleet EFP. More information regarding the exemptions requested for this EFP can be found in the **Federal Register** notice that published on March 25, 2008 (73 FR 15739). Compensation fishing for this research will occur from May 2008 through April 2009. The 11 fishing industry collaborators will have access to 139 Monkfish DAS that will be awarded to the project through the Monkfish RSA Program. These vessels must be able to land at least 2,500 lb (1,134 kg) of whole monkfish (730 lb (331 kg) tail weight) per trip to achieve the goal of $3,000 per RSA DAS. In order to achieve this target catch, these fishing activities would require an exemption from monkfish DAS possession limits at § 648.94(b)(2). This exemption would provide these 11 vessels with the flexibility they need to generate sufficient income to meet projected costs, while minimizing operating expenses, of the research activity. Based on the awarded 139 DAS, this would require a total catch of 347,500 lb (157,623 kg) of whole monkfish (104,669 lb (47,477 kg) tail weight). Operating under this total landings cap, compensation fishing would continue until the required goal of 347,500 lb (157,623 kg) of whole monkfish is met, or until the awarded DAS have been fully utilized, which ever occurs first. Aside from this exemption, fishing activity will be conducted under normal commercial practices. The applicant may request minor modifications and extensions to the EFP throughout the year. EFP modifications and extensions may be granted without further notice if they are deemed essential to facilitate completion of the proposed research and have minimal impacts that do not change the scope or impact of the initially approved EFP request. Any fishing activity conducted outside the scope of the exempted fishing activity would be prohibited. If the research project is terminated for any reason prior to completion, any unused funds collected from catch sold to pay for research expenses may be refunded to NOAA. Authority: 16 U.S.C. 1801 *et seq.* Dated: April 22, 2008. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-9047 Filed 4-24-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket Number: 080411558-8559-01] Draft Revision of the NOAA Hurricane Forecasting Improvement Project Plan AGENCY: National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of availability and request for public comment. SUMMARY: NOAA publishes this notice to announce the availability of the draft NOAA Hurricane Forecasting Improvement Project Plan for public comment. The Plan has been written to document NOAA's commitment to work with its partners in hurricane research and development to improve its capabilities to forecast hurricanes. DATES: Comments on this draft document must be submitted by 5 p.m. EDT on May 27, 2008. ADDRESSES: The draft NOAA Hurricane Forecasting Improvement Project Plan will be available on the NOAA Research Council Web site at *http://www.nrc.noaa.gov/HFIPDraftPlan.html* . The public is encouraged to submit comments electronically to *noaa.review.hfip_plan@noaa.gov* . For individuals who do not have access to the internet, comments may be submitted by mail to: NOAA Research, c/o Mr. Roger Pierce, Silver Spring Metro Center Bldg. 3, Room 11412, R/PPE, 1315 East-West Highway, Silver Spring, Maryland 20910. FOR FURTHER INFORMATION CONTACT: Mr. Roger Pierce, Silver Spring Metro Center Bldg. 3, Room 11314, R/PPE, 1315 East-West Highway, Silver Spring, Maryland 20910. (Phone 301-734-1062, Fax: 301-713-0158, E-mail: *roger.pierce@noaa.gov* ), during normal business hours of 9 a.m. to 5 p.m. Eastern Time, Monday through Friday. SUPPLEMENTARY INFORMATION: NOAA is publishing this notice to announce the availability of the draft NOAA Hurricane Forecasting Improvement Project Plan for public comment. The NOAA is seeking public comment from all interested parties. The NOAA Hurricane Forecasting Improvement Project Plan draft is being issued for comment only and is not intended for interim use. Suggested changes will be incorporated where appropriate, and the final document will be posted on a NOAA Web site. The NOAA Hurricane Forecasting Improvement Project Plan is being is being developed to reflect the evolution of NOAA's research activities and priorities. The draft NOAA Hurricane Forecasting Improvement Project Plan is consistent with the NOAA Science Advisory Board, Hurricane Intensity Research Working Group recommendations and other recent internal and external reports on hurricanes. The draft NOAA Hurricane Forecasting Improvement Project Plan frames research in NOAA within the context of societal needs and by working with other government and academic organizations working on critical environmental challenges, particularly those associated with hurricanes, facing the United States today and in the future. This plan states NOAA's priority research areas, such as Hurricane Intensity forecast improvements, improvements in high performance computing, use of new data, for the short term and the milestones by which NOAA intends to measure progress within these areas. Significant topics addressed in the NOAA Hurricane Forecasting Improvement Project Plan include the importance of transition of research to application, the recognition of the value of transformational research, and the engagement and alignment of inter-agency and the larger scientific community efforts toward finding solutions to the challenges posed to improve hurricane forecasts. NOAA welcomes all comments on the content of the draft NOAA Hurricane Forecasting Improvement Project Plan. We also request comments on any inconsistencies perceived within the document and possible omissions of important topics or issues. For any shortcoming noted within the draft document, please propose specific remedies. Please follow these instructions for preparing and submitting comments. Using the format guidance described below will facilitate the processing of reviewer comments and assure that all comments are appropriately considered. Overview comments should be provided first. Comments that are specific to particular pages, paragraphs, or lines of the section should follow any overview comments and should identify the page numbers to which they apply. Please number each page of your comments. Dated: April 21, 2008. Mark E. Brown, Chief Financial Officer, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration. [FR Doc. E8-9062 Filed 4-24-08; 8:45 am] BILLING CODE 3510-KD-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XH09 Marine Mammals; File No. 774-1714 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit amendment. SUMMARY: Notice is hereby given that NMFS, Southwest Fisheries Science Center (SWFSC) (Jeremy Rusin, Principal Investigator), Protected Resources Division, 8604 La Jolla Shores Dr., La Jolla, CA 92037 has been issued an amendment to scientific research Permit No. 774-1714-06. ADDRESSES: The amendment and related documents are available for review upon written request or by appointment in the following offices: See SUPPLEMENTARY INFORMATION . FOR FURTHER INFORMATION CONTACT: Amy Hapeman or Carrie Hubard, (301)713-2289. SUPPLEMENTARY INFORMATION: On March 12, 2007, notice was published in the **Federal Register** (72 FR 10986) that an amendment of Permit No. 774-1714, issued June 30, 2004 (68 FR 57673), had been requested by the above-named organization. The requested amendment has been granted under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 *et seq.* ), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222-226). Permit No. 774-1714-07 authorizes the SWFSC to conduct research on seven pinniped species, 55 cetacean species, and five sea turtle species in the Pacific, Indian, Atlantic, Arctic and Southern Oceans. The permit authorizes Level B harassment during aerial and vessel surveys for photo-identification/photogrammetry, incidental harassment, collection of sloughed skin, and salvage of carcasses and parts; Level A harassment for capture, biopsy sampling, and tagging activities; and the import/export of specimens. This amendment:
(1)reorganizes the take table to reflect annual takes instead of 5-year cumulative takes;
(2)increases the number of animals harassed during aerial and vessel surveys, biopsy sampled, and/or tagged for several cetacean species;
(3)collapses authorized takes of six cetacean stocks to the species level;
(4)adds Antarctic minke whales ( *Balaenoptera bonaerensis* ) to species that may be harassed during aerial and vessel surveys for photo-id and biopsy sampled;
(5)adds four new cetacean categories for animals that are observed but not identifiable during surveys;
(6)adds 14 cetacean species/stocks to those that may be harassed/sampled in the Southern Ocean; and
(7)authorizes the satellite tagging of 50 non-endangered killer whales ( *Orcinus orca* ) in Antarctic waters annually. The amended permit is valid until it expires on June 30, 2009. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ), an environmental assessment was prepared analyzing the effects of the permitted activities. After a Finding of No Significant Impact, the determination was made that it was not necessary to prepare an environmental impact statement. Issuance of this permit, as required by the ESA, was based on a finding that such permit:
(1)was applied for in good faith;
(2)will not operate to the disadvantage of such endangered species; and
(3)is consistent with the purposes and policies set forth in section 2 of the ESA. Documents may be reviewed in the following locations: Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2289; fax (301)427-2521; Northwest Region, NMFS, 7600 Sand Point Way NE, BIN C15700, Bldg. 1, Seattle, WA 98115-0700; phone (206)526-6150; fax (206)526-6426; Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668; phone (907)586-7221; fax (907)586-7249; Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213; phone (562)980-4001; fax (562)980-4018; and Pacific Islands Region, NMFS, 1601 Kapiolani Blvd., Rm 1110, Honolulu, HI 96814-4700; phone (808)944-2200; fax (808)973-2941. Dated: April 21, 2008. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E8-9114 Filed 4-24-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 06480-XH24 South Atlantic Fishery Management Council; Public Meetings; Modification of E-mail Addresses AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Modification of e-mail addresses published in the document entitled “South Atlantic Fishery Management Council; Public Meetings”, which published in the **Federal Register** on April 17, 2008. SUMMARY: The South Atlantic Fishery Management Council has modified email addresses for submitting public hearing comments for Amendment 16 to the Snapper Grouper Fishery Management Plan and for the Comprehensive Ecosystem Amendment. See SUPPLEMENTARY INFORMATION for specific details. DATES: The public comment period for these amendments are open until 5 p.m., May 16, 2008. ADDRESSES: Written comments should be sent to Bob Mahood, Executive Director, South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, North Charleston SC 29405. Copies of the public hearing documents are available from Kim Iverson, South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; telephone: (843)571-4366 or toll free at (866)SAFMC-10. FOR FURTHER INFORMATION CONTACT: Kim Iverson, Public Information Officer, South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; phone (843)571-4366 or toll free 866/SAFMC-10; FAX 843/769-4520; email: *kim.iverson@safmc.net* . SUPPLEMENTARY INFORMATION: On April 17, 2008, NMFS published notification of public hearings and scoping meetings to be held from May 7 through May 15, 2008. The open period for written comments for these meetings ends at 5 p.m. on May 16, 2008. The e-mail addresses for comments regarding the Snapper Grouper Amendment 16 and the e-mail address for the Comprehensive Ecosystem Amendment were not listed correctly. The correct e-mail addresses are as follows: For the Snapper Grouper Amendment 16, the e-mail address is *SGAmend16@safmc.net* For the Comprehensive Ecosystem Amendment, the e-mail address is *FEPCEA@safmc.net* All other information in the April 17, 2008, document (FR Doc. E8-8286) remains unchanged. Dated: April 22, 2008. William D. Chappell, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-9117 Filed 4-24-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No. PTO-C-2008-0017] Public Advisory Committees AGENCY: United States Patent and Trademark Office. ACTION: Notice and request for nominations. SUMMARY: On November 29, 1999, the President signed into law the Patent and Trademark Office Efficiency Act (the “Act”), Pub. L. 106-113, which, among other things, established two Public Advisory Committees to review the policies, goals, performance, budget and user fees of the United States Patent and Trademark Office (USPTO) with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to trademarks, in the case of the Trademark Public Advisory Committee, and to advise the Director on these matters (now codified at 35 U.S.C. 5). The USPTO is requesting nominations for three
(3)members to each Public Advisory Committee for terms of three years that begin from date of appointment. DATES: Nominations must be postmarked or electronically transmitted on or before May 30, 2008. ADDRESSES: Persons wishing to submit nominations should send the nominee's resumé to Chief of Staff, Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Post Office Box 1450, Alexandria, Virginia 22313-1450; by electronic mail to: *PPACnominations@uspto.gov* for the Patent Public Advisory Committee or *TPACnominations@uspto.gov* for the Trademark Patent Public Advisory Committee; by facsimile transmission marked to the Chief of Staff's attention at
(571)273-0464, or by mail marked to the Chief of Staff's attention and addressed to the Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Post Office Box 1450, Alexandria, Virginia 22313-1450. FOR FURTHER INFORMATION CONTACT: Eleanor K. Meltzer, Chief of Staff, by facsimile transmission marked to her attention at
(571)273-0464, or by mail marked to her attention and addressed to the Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Post Office Box 1450, Alexandria, Virginia 22313-1450. SUPPLEMENTARY INFORMATION: The Advisory Committees' duties include: • Review and advise the Under Secretary of Commerce for Intellectual Property and Director of the USPTO on matters relating to policies, goals, performance, budget, and user fees of the USPTO relating to patents and trademarks, respectively; and • Within 60 days after the end of each fiscal year:
(1)Prepare an annual report on matters listed above;
(2)transmit a report to the Secretary of Commerce, the President, and the Committees on the Judiciary of the Senate and the House of Representatives; and
(3)publish the report in the Official Gazette of the USPTO. Members of the Patent and Trademark Public Advisory Committees are appointed by and serve at the pleasure of the Secretary of Commerce for three (3)-year terms. Advisory Committees The Public Advisory Committees are each composed of nine
(9)voting members who are appointed by the Secretary of Commerce (the “Secretary”). The Public Advisory Committee members must be United States citizens and represent the interests of diverse users of the USPTO, both large and small entity applicants in proportion to the number of such applications filed. The Committees must include members who have “substantial backgrounds and achievement in finance, management, labor relations, science, technology, and office automation.” 35 U.S.C. 5(b)(3). In the case of the Patent Public Advisory Committee, at least twenty-five
(25)percent of the members must represent “small business concerns, independent inventors, and nonprofit organizations,” and at least one member must represent the independent inventor community. 35 U.S.C. 5(b)(2). Each of the Public Advisory Committees also includes three
(3)non-voting members representing each labor organization recognized by the USPTO. Procedures and Guidelines of the Patent and Trademark Public Advisory Committees Each newly appointed member of the Patent and Trademark Public Advisory Committees will serve for a term of three years from date of appointment. As required by the Act, members of the Patent and Trademark Public Advisory Committees will receive compensation for each day while the member is attending meetings or engaged in the business of that Advisory Committee. The rate of compensation is the daily equivalent of the annual rate of basic pay in effect for level III of the Executive Schedule under section 5314 of title 5, United States Code. While away from home or regular place of business, each member will be allowed travel expenses, including per diem in lieu of subsistence, as authorized by Section 5703 of Title 5, United States Code. The USPTO will provide the necessary administrative support, including technical assistance, for the Committees. Applicability of Certain Ethics Laws Members of each Public Advisory Committee shall be Special Government Employees within the meaning of Section 202 of title 18, United States Code. The following additional information includes several, but not all, of the ethics rules that apply to members, and assumes that members are not engaged in Public Advisory Committee business more than sixty days during each calendar year: • Each member will be required to file a confidential financial disclosure form within thirty
(30)days of appointment. 5 CFR 2634.202(c), 2634.204, 2634.903, and 2634.904(b). • Each member will be subject to many of the public integrity laws, including criminal bars against representing a party, 18 U.S.C. 205(c), in a particular matter that came before the member's committee and that involved at least one specific party. *See also* 18 U.S.C. 207 for post-membership bars. A member also must not act on a matter in which the member (or any of certain closely related entities) has a financial interest. 18 U.S.C. 208. • Representation of foreign interests may also raise issues. 35 U.S.C. 5(a)(1) and 18 U.S.C. 219. Meetings of the Patent and Trademark Public Advisory Committees Meetings of each Advisory Committee will take place at the call of the Chair to consider an agenda set by the Chair. Meetings may be conducted in person, electronically through the Internet, or by other appropriate means. The meetings of each Advisory Committee will be open to the public except each Advisory Committee may, by majority vote, meet in executive session when considering personnel, privileged, or other confidential matters. Nominees must also have the ability to participate in Committee business through the Internet. Procedures for Submitting Nominations Submit resumés for nomination for the Patent Public Advisory Committee and the Trademark Public Advisory Committee to: Chief of Staff to the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, utilizing the addresses provided above. Dated: April 21, 2008. Jon W. Dudas, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. E8-9120 Filed 4-24-08; 8:45 am] BILLING CODE 6330-01-P DEPARTMENT OF THE DEFENSE Office of the Secretary of Defense Missile Defense Advisory Committee Meeting Cancellation AGENCY: Department of Defense; Missile Defense Agency. ACTION: Notice of cancelled meeting. SUMMARY: Due to the last minute unavailability of a quorum, the Missile Defense Advisory Committee meeting scheduled for Wednesday, April 2 and Thursday, April 3, 2008, from 8 a.m. to 5 p.m. was cancelled. At this date, neither the Department of Defense nor the committee's Designated Federal Officer has plans to reschedule the meeting. FOR FURTHER INFORMATION CONTACT: Mr. Al Bready, Designated Federal Officer at *mdac@mda.mil,* phone/voice mail 703-695-6438, or mail at 7100 Defense Pentagon, Washington, DC 20301-7100. SUPPLEMENTARY INFORMATION: The Department of Defense announced this closed meeting in a notice that was published in the **Federal Register** (73 FR 15495) dated March 24, 2008. Dated: April 18, 2008. Patricia L. Toppings, Alternate OSD *Federal Register* Liaison Officer, Department of Defense. [FR Doc. E8-9086 Filed 4-24-08; 8:45 am] BILLING CODE 5001-06-P DELAWARE RIVER BASIN COMMISSION Notice of Commission Meeting and Public Hearing Notice is hereby given that the Delaware River Basin Commission will hold an informal conference followed by a public hearing on Wednesday, May 14, 2008. The hearing will be part of the Commission's regular business meeting. Both the conference session and business meeting are open to the public and will be held at the Independence Seaport Museum at Penn's Landing, 211 South Columbus Boulevard and Walnut Street, Philadelphia, Pennsylvania. The conference among the commissioners and staff will begin at 10:30 a.m. Topics of discussion will include: Update on a request for proposal for the Reassessment Study to be undertaken in accordance with the Decree Parties' Agreement of September 26, 2007; and presentation by Lori Dillard Rech, President of the Independence Seaport Museum. Because of the large number of dockets scheduled for public hearing on May 14, in a departure from the customary schedule, the portion of the business meeting consisting of the hearing on Project Review applications will be held at approximately 11:15 a.m., immediately following the morning conference session. At the conclusion of the hearing on Project Review applications, there will be a break for lunch. The business meeting will resume at 1:30 p.m. 1. *Valley Township D-88-31 CP-3.* An application for the renewal of a ground water withdrawal project to continue withdrawal of 4.5 million gallons per thirty days (mg/30 days) to supply the applicant's public water supply distribution system from existing Wells Nos. V1, V2 and V4. The project is located in the Precambrian Gabbroic Gneiss Formation in the Brandywine Creek Watershed in Valley Township, Chester County, Pennsylvania. 2. *Monroe Township Municipal Utilities Authority D-93-9 CP-2.* An application for the renewal of a ground water withdrawal project to continue withdrawal of 25.92 mg/30 days from existing Wells Nos. 9 and 10 to supply the portion of the applicant's public water supply distribution system that is located in the Delaware River Basin. The project is located in the Kirkwood Cohansey Aquifer in the Scotland Run Watershed in Monroe Township, Gloucester County, New Jersey, in New Jersey Critical Water Supply Area 2. 3. *Borough of Milford D-68-100 CP-2.* An application to upgrade the applicant's wastewater treatment plant
(WWTP)to provide improved nutrient removal. No increase in the approved 0.4 mgd WWTP capacity is proposed. The project is located off Carpenter Street in Milford Borough, Hunterdon County, New Jersey and discharges to Spring Mills Creek, approximately 0.1 mile upstream from its confluence with Lower Delaware River Special Protection Waters. The project is also within the Lower Delaware River Management Plan area. The WWTP will continue to serve a portion of Holland Township and Milford Borough, both in Hunterdon County, New Jersey. 4. *Siemens Healthcare Diagnostics D-70-86-2.* An application for the renewal of a ground water withdrawal project to increase withdrawal from 8.64 mg/30 days to 12.08 mg/30 days to supply the applicant's manufacturing facility from existing Well No. 4 and to decrease the total system allocation from 15.12 mg/30 days to 12.1 mg/30 days in the Columbia Formation. The project is located in the C & D Canal and the Red Lion Creek watersheds in the City of Newark, New Castle County, Delaware. 5. *Aqua New Jersey, Inc. D-77-49-2.* An application for approval of a ground water withdrawal project to supply up to 8.6 mg/30 days of water to the applicant's Warren Glen, Riegel Ridge and Fox Hollow distribution systems from new Wells Nos. 4, 5, 6 and 7, which represents an increase in the existing withdrawal 5.6 mg/30 days to 8.6 mg/30 days. The increased allocation is requested in order to meet projected increases in service area demand. The project is located in the Leithsville Formation in the Musconetcong and Delaware River Watersheds in Holland Township, Hunterdon County and Pohatcong Township, Warren County, New Jersey. This withdrawal project is located within the drainage area to the section of the non-tidal Delaware River known as the Lower Delaware, which is classified as Special Protection Waters. 6. *Upper Gwynedd Township D-91-88 CP-4.* An application for approval of the addition of an effluent filter on the Upper Gwynedd Township WWTP. The WWTP's average annual flow of 5.7 mgd will not change. The WWTP will continue to discharge to the Wissahickon Creek, a tributary of the Schuylkill River. The facility is located in Upper Gwynedd Township, Montgomery County, Pennsylvania. 7. *Township of Pemberton D-92-56 CP-3.* An application for the renewal of a ground water withdrawal project to increase withdrawal from 38.75 mg/30 days to 58 mg/30 days to supply the applicant's public water supply distribution system from existing Wells Nos. 4, 6, 7, 8A and 11 and new Wells Nos. 1, 2 and 13 in the Mt. Laurel/Wenonah and Englishtown Formations. The increased allocation is requested in order to meet projected increases in service area demand. The project is located in the Rancocas Creek Watershed in Pemberton Township, Burlington County, New Jersey. 8. *The Premcor Refining Group, Inc. D-93-4-6.* An application to replace the withdrawal of water from Wells Nos. P-3A and P-4A in the applicant's water supply system that have become unreliable sources of supply and to increase the applicant's surface water withdrawal from the Delaware River and Red Lion Creek. Premcor requests that its combined withdrawal from replacement Wells Nos. P-3B and P-4B and seven existing wells remain limited to 180 mg/30 days; that its withdrawal from the Delaware River intake remain at 13,560 mg/30 days; that the docket authorize withdrawals of 38.9 mg/30 days from the Red Lion Creek intake and up to 56.2 mg/30 days from the Dragon Run intake, and that Premcor's combined withdrawal from all sources be limited to 13,835.1 mg/30 days. The proposed allocation represents no increase in groundwater withdrawals, no increase from the Delaware River intake and the inclusion in a DRBC docket of previously un-docketed pre-Compact DNREC allocations from Dragon Run and Red Lion Creek. The project is located in the Potomac Formation in the C&D Canal East, Dragon Run Creek, Red Lion Creek and Delaware River watersheds in Delaware City, New Castle County, Delaware. 9. *AES Ironwood, LLC D-97-45-2.* An application for the renewal of a surface water withdrawal project to increase the applicant's withdrawal from 64.8 mg/30 days to 70.2 mg/30 days to supply the applicant's power generation facility. The withdrawal is made via the diversion of a portion of an existing quarry discharge to Tulpehocken Creek within the Schuylkill River Watershed, and the diversion of a portion of the City of Lebanon sewage treatment plant wastewater discharge to Quittapahila Creek, which is located in the Susquehanna River Basin. The portion of the withdrawal diverted from the City of Lebanon treatment plant discharge constitutes an inter-basin transfer. The project is located in South Lebanon Township in Lebanon County, Pennsylvania. 10. *Milford Valley Convalescent Home D-98-51-2.* An application to modify an existing 0.015 mgd WWTP with the addition of a prefabricated equalization tank. The WWTP will continue to serve the Milford Valley Convalescent Home, located in Westfall Township, Pike County, Pennsylvania. The WWTP discharges to the section of the non-tidal Delaware River known as the Middle Delaware, which is designated as Special Protection Waters. 11. *Penn Estate Utilities D-99-20-2.* An application for approval of the addition of a denitrification filter on the Penn Estates Utilities WWTP. The existing design flow of 0.56 mgd will not change as a result of this project. The WWTP will continue to discharge to Cranberry Creek, a tributary of the Brodhead Creek, which is a tributary of the section of the non-tidal Delaware River known as the Middle Delaware. The Middle Delaware is designated as Special Protection Waters. The facility is located in Stroud Township, Monroe County, Pennsylvania. 12. *Sussex County Municipal Utilities Authority D-2006-6 CP-2.* An application requesting approval for an increase in the average monthly Total Dissolved Solids
(TDS)effluent limit for the docket holder's Hampton Commons WWTP. The request is to increase the average monthly limit from 1,000 milligrams per liter (mg/l) to 1,500 mg/l. The 50,000 gallons per day
(gpd)Hampton Commons WWTP discharges to Marsh's Farm Creek, a tributary to the Paulins Kill River. The facility is located in Hampton Township, Sussex County, New Jersey, within the drainage area of the non-tidal Delaware River known as the Lower Delaware, which is designated as Special Protection Waters. 13. *Whitemarsh Township D-93-37 CP-2.* An application for the approval of modifications to an existing but previously undocketed WWTP that will continue to serve a portion of Whitemarsh Township. The project involves replacing the original process equipment with new equipment. The 2.0 mgd WWTP will continue to provide secondary biological treatment via the trickling filter process and will continue to discharge to an unnamed tributary of the Schuylkill River. The facility is located in Whitemarsh Township, Montgomery County, Pennsylvania. 14. *Valero Paulsboro Refinery D-2006-28-1.* An application for approval of an existing surface water withdrawal project to supply up to 414 mg/30 days (~13.8 mgd) of water to the applicant's petroleum refinery from an existing surface water intake. The project is located in the Delaware Watershed in Greenwich Township, Gloucester County, New Jersey, in New Jersey Critical Water Supply Area 2. 15. *Rock Tenn Company D-2006-41-1.* An application for approval of the Rock Tenn Company's existing non-contact cooling water
(NCCW)and IWTP discharge from the company's Stroudsburg paper mill. The combined discharge of 0.295 mgd of NCCW and IWTP effluent will continue to be discharged to the Brodhead Creek. The Brodhead Creek is tributary to the Middle Delaware Special Protection Waters. The facility is located in Delaware Water Gap Borough, Monroe County, Pennsylvania. 16. *Skyview Golf Course, Inc. D-2007-19-1.* An application for approval of a ground and surface water withdrawal project to supply less than 3.1 mg/30 days of water to the applicant's golf course irrigation system from new Wells Nos. 2 and 11 and Intake No. 1 and to limit the withdrawal from all sources to less than 3.1 mg/30 days. The project is located in the Hypersthere-Quartz-Oligoclase Gneiss Formation in the Paulins Kill Watershed in Sparta Township, Sussex County, New Jersey, within the drainage area to the section of the non-tidal Delaware River known as the Upper Delaware, which is designated as Special Protection Waters. 17. *City of Easton D-2007-31 CP-1.* An application for the approval of the existing Easton water treatment plant's
(WTP)0.75 mgd backwash discharge. The WTP discharges filter backwash and sludge filter press filtrate to the section of the Delaware River known as the Lower Delaware Special Protection Waters. The facility is located in the City of Easton, Northampton County, Pennsylvania. 18. *Empire Golf Management d/b/a Pine Hill Golf Club D-2007-33-1.* An application for approval of a ground and surface water withdrawal project to supply up to 12 mg/30 days of water to the applicant's golf course irrigation system from new Wells TW1, PW1, PW2, PW5B and PW6B and a pond intake. The project is located in the Kirkwood-Cohansey Formation in the Big Timber Creek Watershed in Pine Hill Borough, Camden County, New Jersey. 19. *East Stroudsburg Borough D-2007-39 CP-1.* An application for approval of the existing East Stroudsburg Borough Water Filtration Plant's
(WFP)0.09 mgd backwash discharge. The East Stroudsburg WFP discharges filter backwash to Sambo Creek, as do the plant's sludge decanting basins. Sambo Creek is a tributary to the Brodhead Creek, which is a tributary to the section of the non-tidal Delaware River known as the Middle Delaware, which is designated as Special Protection Waters. The facility is located in Smithfield Township, Monroe County, Pennsylvania. 20. *Laurel Pipe Line Company D-2007-40-1.* An application for the approval of the existing Laurel Pipe Line Company's groundwater remediation discharge of 0.070 mgd. The applicant's groundwater remediation system will continue to discharge to an unnamed tributary of Green Creek, a tributary of Chester Creek. The facility is located in Bethel Township, Delaware County, Pennsylvania. 21. *East Brandywine Township Municipal Authority D-2007-43 CP-1.* An application for the approval of the construction of the new 61,400 gpd Hillendale WWTP and the associated pump stations, collection system, and drip irrigation disposal facility. The Hillendale WWTP will serve the 140 acre Pine Hill Subdivision. The WWTP will discharge treated effluent to approximately 9.3 acres of spray irrigation fields. The subdivision and associated facilities are located adjacent to the East Branch Brandywine Creek. The facilities will be located in East Brandywine Township, Chester County, Pennsylvania. 22. *Tidewater Utilities, Inc. D-2008-3 CP-1.* An application for approval of a ground water withdrawal project to supply up to 5.7 mg/30 days of water to the applicant's Chimney Hill/Hillside/Woodbury district public water supply distribution system from new Wells Nos. 159102, 190503 and 209110. The project is located in the Frederica and Federalsburg formations in the Murderkill River Watershed in Kent County, Delaware. 23. *Warwick Township D-2008-4 CP-1.* An application for the approval of the construction of the new 63,050 gpd St. Peters Village WWTP and the associated pump station and 12.67 acre spray irrigation disposal facility. The St. Peters Village WWTP will serve existing and proposed development within the St. Peters Village and Knauertown areas. The WWTP will discharge treated effluent to approximately 12.67 acres of spray irrigation fields. The treatment facilities are located adjacent to French Creek. The facilities will be located near Knauertown, in Warwick Township, Chester County, Pennsylvania. 24. *Pleasant Valley School District D-2008-5 CP-1.* An application for the approval of the expansion of the Pleasant Valley School District
(PVSD)Brodheadsville Campus WWTP and spray irrigation system. The PVSD WWTP will be expanded from 10,200 gpd to 30,000 gpd and the spray irrigation system will have two new storage lagoons (Nos. 3 and 4) and 7 new spray fields equal to a combined area of approximately 16 acres. The PVSD Brodheadsville WWTP will be expanded to serve the Middle School, High School, J.C. Mills School, Chestnuthill Elementary School and Bus Transportation Facility. Previously, the High School and Chestnuthill Elementary School discharged to their own individual on-lot septic systems, and the J.C. Mills School had its own WWTP. The treatment facilities are located adjacent to an unnamed tributary to Weir Creek, a tributary to the Pohopoco Creek, which is a tributary to the Lehigh River. The facilities are located near Brodheadsville, in Chestnuthill Township, Monroe County, Pennsylvania. 25. *Morrisville Borough Municipal Authority D-2008-6 CP-1.* An application for approval of the existing Morrisville Borough Municipal Authority's Water Filtration Plant backwash discharge. The 150,000 gpd backwash discharge is to the portion of the non-tidal Delaware River known as the Lower Delaware, which is designated as Special Protection Waters. The facilities are located in Morrisville Borough, Bucks County, Pennsylvania. 26. *Keystone Mobile Home Park D-2008-7-1.* An application for approval of the reconstruction of the Keystone Mobile Home Park
(KMHP)WWTP. The KMHP WWTP will continue to discharge 40,000 gpd to the Lehigh River, which is a tributary to the section of the non-tidal Delaware River known as the Lower Delaware, which is designated as Special Protection Waters. The KMHP WWTP is located near Laurys Station, North Whitehall Township, Lehigh County, Pennsylvania. 27. *Green Walk Trout Hatchery, Inc. D-2008-8-1.* An application for approval of a ground water withdrawal project to supply up to 13.824 mg/30 days of water to the applicant's trout hatchery facility from Wells Nos. 1 and 2. Although not previously approved by the Commission, this project has been in operation since 1971. The project is located in the Martinsburg Formation in the Jacoby Creek Watershed in Upper Mount Bethel Township, Northampton County, Pennsylvania, within the drainage area to the section of the non-tidal Delaware River known as the Lower Delaware, which is designated as Special Protection Waters. 28. *Joseph Wick Nurseries, Ltd. D-2008-10-1.* An application for approval of a ground water withdrawal project to supply up to 11.6 mg/30 days of water to the applicant's nursery from new Wells Nos. 1 and 2. The project is located in the Federalsburg Formation in the St. Jones River Watershed in the City of Dover, Kent County, Delaware. 29. *Evergreen Community Power D-2008-11-1.* An application for approval of a ground water withdrawal project to supply up to 51.84 mg/30 days of water to the applicant's steam turbine power plant from new Wells Nos. PW2 and PW3. The project is located in the Cambrian Carbonate Formation in the Schuylkill River Watershed in the City of Reading, Berks County, Pennsylvania. 30. *White Haven Borough D-2008-12 CP-1.* An application for approval of a ground water withdrawal project to supply up to 4.189 mg/30 days of water to the applicant's bottled water operations from existing Wells Nos. 1 and 2. The project is located in the Mauch Chunk Formation in the Linesville Creek Watershed in Foster Township, Luzerne County, Pennsylvania, within the drainage area to the section of the non-tidal Delaware River known as the Lower Delaware, which is designated as Special Protection Waters. At the conclusion of the hearing on Project Review applications the business meeting will adjourn for lunch. The meeting will resume at 1:30 p.m. with consideration of the draft Minutes from the March 12, 2008 business meeting, announcements of upcoming events, including meetings of Commission advisory committees; a hydrologic report; a report by the Executive Director; and a report by the Commission's General Counsel. The Commission will then consider a series of resolutions, among which the following will include public hearings: a resolution approving the 2008-2013 Water Resources Program; a resolution to amend the composition of the Monitoring Advisory Committee by the addition of a representative from the Partnership for the Delaware Estuary; a resolution authorizing the executive director to enter into contracts for the analysis of ambient water samples to characterize the nature and extent of chronic toxicity in the Delaware Estuary; a resolution authorizing the executive director to accept funds from the Pennsylvania Department of Environmental Protection for development of an integrated Water Resources Program for the Schuylkill River Watershed; a resolution authorizing the executive director to accept funds from NOAA-NWS for flood warning improvements and flood warning outreach initiatives recommended by the Interstate Flood Mitigation Task Force Report of July 2007; and a resolution providing for election of the Commission Chair, Vice Chair and Second Vice Chair for the year 2008-2009, commencing July 1, 2008. The business meeting also will include consideration of a resolution amending the Water Quality Regulations and Comprehensive Plan to permanently designate the Lower Delaware River as a Special Protection Water and clarify certain aspects of the rule. A public hearing on this item was conducted on December 4, 2007 and the comment period closed on December 6, 2007. Draft dockets scheduled for public hearing on May 14, 2008 will be posted on the Commission's Web site, *http://www.drbc.net* , where they can be accessed through the Notice of Commission Meeting and Public Hearing. Additional documents relating to the dockets and other items may be examined at the Commission's offices. Please contact William Muszynski at 609-883-9500, extension 221, with any docket-related questions. Individuals in need of an accommodation as provided for in the Americans with Disabilities Act who wish to attend the informational meeting, conference session or hearings should contact the commission secretary directly at 609-883-9500 ext. 203 or through the Telecommunications Relay Services
(TRS)at 711, to discuss how the Commission can accommodate your needs. Dated: April 21, 2008. Pamela M. Bush, Commission Secretary. [FR Doc. E8-9112 Filed 4-24-08; 8:45 am] BILLING CODE 6360-01-P DEPARTMENT OF EDUCATION Office of Special Education and Rehabilitative Services Overview Information; National Institute on Disability and Rehabilitation Research (NIDRR)—Disability and Rehabilitation Research Projects and Centers Program—Disability Rehabilitation Research Projects (DRRPs)—Center on Postsecondary Education for Students With Intellectual Disabilities Notice inviting applications for a new award for fiscal year
(FY)2008. Catalog of Federal Domestic Assistance
(CFDA)Number: 84.133A-12. DATES: *Applications Available:* April 25, 2008. *Deadline for Transmittal of Applications:* June 24, 2008. *Date of Pre-Application Meeting:* May, 21, 2008. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The purpose of the DRRP program is to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended, by developing methods, procedures, and rehabilitation technologies that advance a wide range of independent living and employment outcomes for individuals with disabilities, especially individuals with the most severe disabilities. DRRPs carry out one or more of the following types of activities, as specified and defined in 34 CFR 350.13 through 350.19: Research, training, demonstration, development, dissemination, and technical assistance. An applicant for assistance under this program must demonstrate in its application how it will address, in whole or in part, the needs of individuals with disabilities from minority backgrounds (34 CFR 350.40(a)). The approaches an applicant may take to meet this requirement are found in 34 CFR 350.40(b). Additional information on the DRRP program can be found at: *http://www.ed.gov/rschstat/research/pubs/res-program.html#DRRP.* *Priorities:* NIDRR has established two priorities for this competition. The *General DRRP Requirements* priority is from the notice of final priorities for the Disability and Rehabilitation Research Projects and Centers Program, published in the **Federal Register** on April 28, 2006 (71 FR 25472). *The Center on Postsecondary Education for Students With Intellectual Disabilities* priority is from the notice of final priority and definitions for the Disability and Rehabilitation Research Projects and Centers Program, published elsewhere in this issue of the **Federal Register** . *Absolute Priorities:* For FY 2008, these priorities are absolute priorities. Under 34 CFR 75.105(c)(3) we consider only applications that meet these priorities. These priorities are: *General Disability and Rehabilitation Research Projects
(DRRP)Requirements* and a *Center on Postsecondary Education for Students With Intellectual Disabilities.* Program Authority: 29 U.S.C. 762(g) and 764(a). *Applicable Regulations:*
(a)The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 80, 81, 82, 84, 85, 86, and 97.
(b)The regulations for this program in 34 CFR part 350.
(c)The notice of final priorities for the Disability and Rehabilitation Research Projects and Centers Program, published in the **Federal Register** on April 28, 2006 (71 FR 25472).
(d)The notice of final priority and definitions for the Disability and Rehabilitation Research Projects and Centers Program, published elsewhere in this issue of the **Federal Register** . Note: The regulations in 34 CFR part 86 apply to institutions of higher education
(IHEs)only. II. Award Information *Type of Award:* Discretionary grants. *Estimated Available Funds:* $500,000. *Estimated Range of Awards:* $490,000-$500,000. *Maximum Award:* We will reject any application that proposes a budget exceeding $500,000 for a single budget period of 12 months. The Assistant Secretary for Special Education and Rehabilitative Services may change the maximum amount through a notice published in the **Federal Register** . Note: The maximum amount includes direct and indirect costs. *Estimated Number of Awards:* 1. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 36 months. III. Eligibility Information 1. *Eligible Applicants:* States; public or private agencies, including for-profit agencies; public or private organizations, including for-profit organizations; IHEs; and Indian tribes and tribal organizations pursuant to Section 104 of the Federally Recognized Indian Tribe List Act of 1994 U.S.C. 479.1. 2. *Cost Sharing or Matching:* Cost sharing is required by 34 CFR 350.62(a)(3)(i), and will be negotiated at the time of the grant award. IV. Application and Submission Information 1. *Address To Request Application Package:* You can obtain an application package via the Internet or from the Education Publications Center (ED Pubs). To obtain a copy via the Internet, use the following address: *http://www.ed.gov/fund/grant/apply/grantapps/index.html.* To obtain a copy from ED Pubs, write, fax, or call the following: Education Publications Center, P.O. Box 1398, Jessup, MD 20794-1398. Telephone, toll free: 1-877-433-7827. Fax:
(301)470-1244. If you use a telecommunications device for the deaf (TDD), call, toll free: 1-877-576-7734. You can contact ED Pubs at its Web site, also: *http://www.ed.gov/pubs/edpubs.html* or at its e-mail address: *edpubs@inet.ed.gov.* If you request an application from ED Pubs, be sure to identify this competition as follows: CFDA Number 84.133A-12. Individuals with disabilities can obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the person or team listed under *Alternative Format* in section VIII of this notice. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition. *Page Limit:* The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. We recommend that you limit Part III to the equivalent of no more than 125 pages, using the following standards: • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative. Single spacing may be used for titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs. • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch). The recommended page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the resumes, the bibliography, or the letters of support. However, the recommended page limit does apply to all of the application narrative section (Part III). The application package will provide instructions for completing all components to be included in the application. Each application must include a cover sheet (Standard Form 424); budget requirements (ED Form 524) and narrative justification; other required forms; an abstract, Human Subjects narrative, Part III narrative; resumes of staff; and other related materials, if applicable. 3. *Submission Dates and Times:* *Applications Available:* April 25, 2008. *Deadline for Transmittal of Applications:* June 24, 2008. *Date of Pre-Application Meeting:* Interested parties are invited to participate in a pre-application meeting and to receive information and technical assistance through individual consultation with NIDRR staff. The pre-application meeting will be held on May 21, 2008. Interested parties may participate in this meeting by conference call with NIDRR staff from the Office of Special Education and Rehabilitative Services between 1 p.m. and 3 p.m., Washington, DC time. NIDRR staff also will be available from 3:30 p.m. to 4:30 p.m., Washington, DC time, on the same day, by telephone, to provide information and technical assistance through individual consultation. For further information or to make arrangements to participate in the meeting via conference call or for an individual consultation, contact Donna Nangle, U.S. Department of Education, Potomac Center Plaza (PCP), room 6029, 550 12th Street, SW., Washington, DC 20202. Telephone:
(202)245-7462 or by e-mail: *Donna.Nangle@ed.gov.* Applications for grants under this program may be submitted electronically using the Grants.gov Apply site (Grants.gov), or in paper format by mail or hand delivery. For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery, please refer to section IV.6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice. 4. *Intergovernmental Review:* This program is not subject to Executive Order 12372 and the regulations in 34 CFR part 79. 5. *Funding Restrictions:* We reference regulations outlining funding restrictions in the *Applicable Regulations* section in this notice. 6. *Other Submission Requirements:* Applications for grants under this program may be submitted electronically or in paper format by mail or hand delivery. a. *Electronic Submission of Applications.* To comply with the President's Management Agenda, we are participating as a partner in the Governmentwide Grants.gov Apply site. The Disability Rehabilitation Research Projects competition, CFDA number 84.133A-12, is included in this project. We request your participation in Grants.gov. If you choose to submit your application electronically, you must use the Governmentwide Grants.gov Apply site at *http://www.Grants.gov.* Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. You may access the electronic grant application for the Disability Rehabilitation Research Projects competition—CFDA number 84.133A-12 at *http://www.Grants.gov.* You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.133, not 84.133A-12). Please note the following: • Your participation in Grants.gov is voluntary. • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.* • To submit your application via Grants.gov, you must complete all steps in the Grants.gov registration process (see *http://www.grants.gov/applicants/get_registered.jsp* ). These steps include
(1)registering your organization, a multi-part process that includes registration with the Central Contractor Registry (CCR);
(2)registering yourself as an Authorized Organization Representative (AOR); and
(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf* ). You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to submit successfully an application via Grants.gov. In addition you will need to update your CCR registration on an annual basis. This may take three or more business days to complete. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you submit your application in paper format. • If you submit your application electronically, you must submit all documents electronically, including all information you typically provide on the following forms: Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. Please note that two of these forms—the SF 424 and the Department of fEducation Supplemental Information for SF 424—have replaced the ED 424 (Application for Federal Education Assistance). • If you submit your application electronically, you must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified in this paragraph or submit a password-protected file, we will not review that material. • Your electronic application must comply with any page-limit requirements described in this notice. • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by e-mail. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System:* If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it. If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. b. *Submission of Paper Applications by Mail.* If you submit your application in paper format by mail (through the U.S. Postal Service or a commercial carrier), you must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: * By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: (CFDA number 84.133A-12), 400 Maryland Avenue, SW., Washington, DC 20202-4260, or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center, Stop 4260, Attention: (CFDA number 84.133A-12), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:
(1)A legibly dated U.S. Postal Service postmark.
(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.
(3)A dated shipping label, invoice, or receipt from a commercial carrier.
(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark.
(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you submit your application in paper format by hand delivery, you (or a courier service) must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA number 84.133A-12), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays. Note for Mail or Hand Delivery of Paper Applications: If you mail or hand deliver your application to the Department—
(1)You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and
(2)The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at
(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for this competition are from 34 CFR 350.54 and are listed in the application package. 2. *Review and Selection Process:* Additional factors we consider in determining the merits of an application are as follows— The Secretary is interested in outcomes-oriented research or development projects that use rigorous scientific methodologies. To address this interest, applicants are encouraged to articulate goals, objectives, and expected outcomes for the proposed research or development activities. Proposals should describe how results and planned outputs are expected to contribute to advances in knowledge, improvements in policy and practice, and public benefits for individuals with disabilities. Applicants should propose projects that are designed to be consistent with these goals. We encourage applicants to include in their application a description of how results will measure progress towards achievement of anticipated outcomes (including a discussion of measures of effectiveness), the mechanisms that will be used to evaluate outcomes associated with specific problems or issues, and how the proposed activities will support new intervention approaches and strategies. Submission of the information identified in this section V.2. *Review and Selection Process* is voluntary, except where required by the selection criteria listed in the application package. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may notify you informally, also. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section in this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section in this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to *http://www.ed.gov/fund/grant/apply/appforms/appforms.html.* Note: NIDRR will provide information by letter to grantees on how and when to submit the final performance report. 4. *Performance Measures:* NIDRR assesses the quality of its funded projects through review of grantee performance and products. Each year, NIDRR examines a portion of its grantees to determine: • The percentage of newly-awarded NIDRR projects that are multi-site, collaborative, controlled studies of interventions and programs. • The number of accomplishments (e.g., new or improved tools, methods, discoveries, standards, interventions, programs, or devices) developed or tested with NIDRR funding that have been judged by expert panels to be of high quality and to advance the field. • The average number of publications per award based on NIDRR-funded research and development activities in refereed journals. • The percentage of new grants that include studies funded by NIDRR that assess the effectiveness of interventions, programs, and devices using rigorous methods. NIDRR uses information submitted by grantees as part of their Annual Performance Reports
(APRs)in support of these performance measures. Updates on the Government Performance and Results Act of 1993
(GPRA)indicators, revisions, and methods appear on the NIDRR Program Review Web site: *http://www.neweditions.net/pr/commonfiles/pmconcepts.htm.* Grantees should consult this site on a regular basis to obtain details and explanations on how NIDRR programs contribute to the advancement of the Department's long-term and annual performance goals. VII. Agency Contact FOR FURTHER INFORMATION CONTACT: Donna Nangle, U.S. Department of Education, 400 Maryland Avenue, SW., Room 6029, PCP, Washington, DC 20202. Telephone:
(202)245-7462 or by e-mail: *Donna.Nangle@ed.gov.* If you use a TDD, call the Federal Relay Service (FRS), toll free, at 1-800-877-8339. VIII. Other Information *Alternative Format:* Individuals with disabilities can obtain this document and a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the Grants and Contracts Services Team, U.S. Department of Education, 400 Maryland Avenue, SW., Room 5075, PCP, Washington, DC 20202-2550. Telephone:
(202)245-7363. If you use a TDD, call the FRS, toll-free, at 1-800-877-8339. *Electronic Access to This Document:* You can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister* . To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html* . Dated: April 22, 2008. Tracey R. Justesen, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E8-9109 Filed 4-24-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION National Institute on Disability and Rehabilitation Research (NIDRR)—Disability and Rehabilitation Research Projects and Centers Program—Disability Rehabilitation Research Projects (DRRPs) AGENCY: Office of Special Education and Rehabilitative Services (OSERS), Department of Education. ACTION: Notice of final priority and definitions. SUMMARY: The Assistant Secretary for Special Education and Rehabilitative Services, in conjunction with the Assistant Secretary for Vocational and Adult Education and the Assistant Secretary for Postsecondary Education, announces a priority and definitions for a Center on Postsecondary Education for Students With Intellectual Disabilities (Center) under the DRRP program administered by NIDRR. The Assistant Secretary may use this priority and definitions for competitions in fiscal year
(FY)2008 and later years. We take this action to focus research attention on areas of national need. We intend this priority and definitions to improve postsecondary education and other outcomes for individuals with intellectual disabilities. DATES: *Effective Date:* This priority and definitions are effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Tracy Justesen, U.S. Department of Education, 400 Maryland Avenue, SW., Room 5107, Potomac Center Plaza, Washington, DC 20202-2700. Attention Donna Nangle. Telephone:
(202)245-7462 or by e-mail: *donna.nangle@ed.gov.* If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities can obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT . SUPPLEMENTARY INFORMATION: Disability and Rehabilitation Research Projects
(DRRP)Program The purpose of the DRRP program is to improve the effectiveness of services authorized under the Rehabilitation Act of 1973, as amended, by developing methods, procedures, and rehabilitation technologies that advance a wide range of independent living and employment outcomes for individuals with disabilities, especially individuals with the most severe disabilities. DRRPs carry out one or more of the following types of activities, as specified and defined in 34 CFR 350.13 through 350.19: Research, training, demonstration, development, dissemination, utilization, and technical assistance. An applicant for assistance under this program must demonstrate in its application how it will address, in whole or in part, the needs of individuals with disabilities from minority backgrounds (34 CFR 350.40(a)). The approaches an applicant may take to meet this requirement are found in 34 CFR 350.40(b). In addition, NIDRR intends to require all DRRP applicants to meet the * General Disability and Rehabilitation Research Projects
(DRRP)Requirements * priority that it published in a notice of final priorities in the **Federal Register** on April 28, 2006 (71 FR 25472). Additional information on the DRRP program can be found at: *http://www.ed.gov/rschstat/research/pubs/res-program.html#DRRP.* We published a notice of proposed priority and definitions
(NPP)for NIDRR's DRRP program in the **Federal Register** on December 11, 2007 (72 FR 70316). The NPP included a background statement that described our rationale for the priority and definitions proposed in that notice. There are differences between the NPP and this notice of final priority and definitions
(NFP)as discussed in the following section. Analysis of Comments and Changes In response to our invitation in the NPP, 11 parties submitted comments on the proposed priority and definitions. An analysis of the comments and of any changes in the priority and definitions since publication of the NPP follows. Generally, we do not address technical and other minor changes, or suggested changes the law does not authorize us to make under the applicable statutory authority. In addition, we do not address general comments that raised concerns not directly related to the proposed priority or definitions. *Comment:* One commenter suggested that the Center be designed so that students with intellectual disabilities
(ID)or developmental disabilities
(DD)are not segregated from other students. *Discussion:* The Center is designed to conduct research and disseminate information on promising practices in postsecondary education; it will not provide postsecondary education for students with ID or DD. Therefore, because the Center will not provide direct services to students, the recommendation that it be designed so that students with ID or DD are not segregated from other students is inapplicable. *Changes:* None. *Comment:* One commenter noted that individuals with disabilities often have significant health issues and that success in postsecondary education may be related to their health status. This commenter recommended that the Center involve personnel with expertise in health issues related to individuals with disabilities. *Discussion:* Nothing in the priority precludes applicants from proposing to involve personnel with expertise in the health of individuals with ID (e.g., these individuals might serve on the Center's advisory committee). However, we do not have a basis for requiring all applicants to do so. *Changes:* None. *Comments:* Two commenters asked for a definition of “longitudinal study” and whether the longitudinal study must be limited to an analysis of existing datasets or if the Center could collect its own longitudinal data. In addition, they asked whether applicants could propose to conduct analyses of existing datasets that were not mentioned specifically in the NPP. *Discussion:* We recognize that, given the level of funding available for the Center, the Center would be unable to conduct a longitudinal study. Therefore, we have revised the priority to require the Center to do one or both of the following:
(1)Engage in data collection activities, or
(2)conduct secondary analyses of existing national and State longitudinal datasets. The purpose of the data collection activities and secondary data analyses would be to generate knowledge about the extent to which variations in educational, vocational, and independent living outcomes for students with ID are associated with participation in different types of postsecondary education programs. The National Longitudinal Transition Study-2 (NLTS-2) and the Florida K-20 Data Warehouse are examples of existing data sources that contain relevant data and have not been analyzed fully; applicants may propose to use other extant data sources. We believe that much can be learned from existing data sources without necessarily expending funds on designing surveys or collecting data. Finally, we do not believe it is necessary to define the term “longitudinal study” because the final priority does not require the Center to conduct such a study. *Changes:* We have removed all references to conducting a longitudinal study from the priority. Instead, we have clarified the language in paragraph
(b)to indicate that the Center must
(1)engage in data collection activities; or
(2)conduct secondary analyses of existing datasets, such as the NLTS-2 and the Florida K-20 Data Warehouse; or both. *Comment:* One commenter suggested that efforts to collect new longitudinal data or establish baseline data may be more beneficial than analyses of existing data that are intended to generate knowledge about the relationship between postsecondary education and outcomes among individuals with ID. *Discussion:* The funds available for this priority will likely not permit the Center to collect new longitudinal data or establish baseline data. However, we are convinced that conducting data collection activities, secondary analyses of existing data, or both, will generate new and beneficial knowledge about outcomes associated with postsecondary education programs for individuals with ID. Because this is the case, paragraph
(b)of the priority allows applicants to conduct data collection activities, analyze existing datasets, or engage in both activities. *Changes:* None. *Comment:* Seven commenters noted that the datasets mentioned under paragraph
(b)of the priority (i.e., the NLTS-2 and the Florida K-20 Data Warehouse) have limitations in disability variables and descriptors of postsecondary education programs that could negatively impact the extent to which secondary analyses relating to the population of individuals with ID may be completed. Further, the commenters expressed concern that neither of these datasets contains variables that are necessary to connect the outcomes of students with ID to the different types of postsecondary education programs that serve students with ID. These commenters also noted that neither dataset provides information on dual enrollment programs, and that some variables relating to postsecondary outcomes in the NLTS-2 dataset have zero percent of cases of people with ID. *Discussion:* With respect to disability variables or identifier codes, while it is true that neither of the datasets mentioned in the priority include the “intellectual disabilities” code, both datasets include related codes that would make it possible to conduct analyses that cover students with ID and that could address important outcomes for this population. For example, although the Florida K-20 Data Warehouse does not include an “intellectual disabilities” code, it contains 22 “exceptionality” codes that include
(a)educable mentally handicapped,
(b)trainable mentally handicapped, and
(c)profoundly mentally handicapped. Using these codes, it would be possible to identify a sample of students with ID by selecting students whose primary disability is educable, trainable, or profoundly mentally handicapped, and to conduct any number of analyses related to the outcomes for this population. Likewise, while the NLTS-2 does not include an “intellectual disabilities” code, it would be possible to identify a sample of students with ID in the dataset by selecting students whose primary disability is mental retardation or who were identified as having mental retardation on either the parent or teacher interview. With respect to descriptors of postsecondary education, while it is true that neither dataset provides information on dual enrollment programs, we believe that there are many variables or descriptors related to students with ID that are worth exploring. Lastly, the commenters observed that some variables related to postsecondary outcomes in the NLTS-2 dataset show zero percent of cases of individuals with ID. However, the commenters did not identify any specific postsecondary variables or explain the importance of these variables to the work of the Center. The NLTS-2 has five waves of data, and only three of these waves include individuals who are old enough to be included in the postsecondary sample, particularly because many students with ID attend secondary school to the maximum age (21 years old or older). We believe that the number of variables lacking relevant cases should decline as individuals age in the postsecondary category. *Changes:* None. *Comment:* Seven commenters noted that the effort to develop and implement postsecondary education programs for individuals with ID is in its early stages. Given this fact, six of these commenters noted that experimental designs would be premature, and one recommended that the Center be allowed to use multiple research methods and data collection designs. *Discussion:* Paragraph
(b)of the priority requires the Center to conduct scientifically based research. The definition of *scientifically based research,* as the term is used in the priority, includes but is not limited to research that utilizes experimental or quasi-experimental designs. We are interested in rigorous methods of research that produce findings that are useful for the education field and for further research. The peer review process will determine the merits of each proposal. *Changes:* None. *Comment:* One commenter asked how “postsecondary education programs” are defined. *Discussion:* Although the *Definitions* section of the NPP included a definition of “postsecondary education programs,” upon further review, we believe that this definition is not sufficiently clear because it did not incorporate the language from the background section of the NPP referring to dual enrollment programs for students with ID who are still enrolled in high school and are receiving special education services. To clarify what we mean, instead of providing a definition of “postsecondary education programs,” we will provide a more expansive explanation of the term “postsecondary education programs” in the text of the priority. *Changes:* We have removed the definition of “postsecondary education programs” from the *Definitions* section of this notice, and revised paragraph
(a)of the priority to provide a fuller explanation of what is meant by this term. *Comment:* Four commenters recommended that the Department's Office of Postsecondary Education
(OPE)be included in the list of the Center's required collaborators in paragraph
(h)of the priority. *Discussion:* As described in the opening paragraph of the priority, OPE is one of the sponsors of this Center. However, many of the activities supported by this Center will focus on technical assistance and research. Because OPE does not fund technical assistance grantees, it would not be appropriate or useful to require the Center to collaborate with OPE for purposes of this priority. *Changes:* None. *Comment:* Six commenters suggested that “employment” be added to the list of key outcomes described in the opening sentence of paragraph
(b)of this priority. While these commenters noted that vocational outcomes are important, they stated that employment should be highlighted by specifically including it in the list of outcomes for students with ID. *Discussion:* We agree that employment is a desired outcome for individuals with ID participating in postsecondary education programs and will add it to the list of outcomes in paragraph
(b)of the priority. *Changes:* We have added employment to the list of outcomes described in paragraph
(b)of the priority. *Comment:* Five commenters noted that legislation is pending in Congress that would authorize demonstration projects and a coordinating center, the primary purpose of which would be training and technical assistance on programs providing postsecondary education for individuals with ID. These commenters noted that the Center should focus primarily on research and dissemination of technical assistance materials. The commenters recommend that the Center remain distinct from the projects pending in Congress. *Discussion:* We agree that the focus of the Center should be on research and the dissemination of technical assistance materials, and we believe that this purpose is reflected in the priority. *Changes:* None. *Comment:* Five commenters recommended that the priority expand the age range of students with ID who will be the focus of the Center's work to 13 to 26 years. They expressed that students with ID may require additional time to complete a postsecondary education program. These commenters also noted that the definition of *students with intellectual disabilities* is overly restrictive in terms of the age of onset of a student's disability and the scope of the disabilities covered. *Discussion:* We agree that the proposed age range of 16 to 24 years is too restrictive. The age range of students included in the NLTS-2 and the Florida K-20 Education Data Warehouse is comparable to the age range of 13 to 26 years suggested by the commenters. Changing the age range to 13 to 26 years of age in the definition of *students with intellectual disabilities* would support the Center's potential use of these two databases as key data sources for its analyses. In addition, using this age range would address the commenters' concerns that students with ID may require additional time to complete a postsecondary education program. Therefore, we will change the definition of *students with intellectual disabilities* to cover individuals 13 to 26 years of age. In addition, although some individuals acquire disabilities that result in cognitive limitations after the age of 18, we continue to agree with the American Association of Intellectual and Developmental Disabilities and the Equal Employment Opportunity Commission that students with intellectual disabilities are students whose disability occurred before age 18. We do not believe this definition is too restrictive in terms of scope of disabilities covered; we are simply restricting the definition to those individuals who acquired their disability prior to age 18 regardless of the specific disability involved. *Changes:* We have revised paragraph
(a)of the definition of *students with intellectual disabilities* so that the term includes individuals ages 13 to 26. *Comment:* Two commenters suggested that universal design for learning be a required element for evaluating promising practices under paragraph
(a)of the priority. These commenters proposed a definition of universal design for learning that the Department could use in connection with the proposed priority. *Discussion:* We consider universal design for learning to be one approach that could be evaluated as a promising practice rather than a required element for evaluating promising practices. We, therefore, decline to make the requested changes. *Changes:* None. Note: This notice does not solicit applications. In any year in which we choose to use this priority and definitions, we invite applications through a notice in the **Federal Register** . When inviting applications we designate the priority as absolute, competitive preference, or invitational. The effect of each type of priority follows: *Absolute priority:* Under an absolute priority, we consider only applications that meet the priority (34 CFR 75.105(c)(3)). *Competitive preference priority:* Under a competitive preference priority, we give competitive preference to an application by either
(1)awarding additional points, depending on how well or the extent to which the application meets the competitive preference priority (34 CFR 75.105(c)(2)(i)); or
(2)selecting an application that meets the competitive preference priority over an application of comparable merit that does not meet the priority (34 CFR 75.105(c)(2)(ii)). *Invitational priority:* Under an invitational priority, we are particularly interested in applications that meet the invitational priority. However, we do not give an application that meets the invitational priority a competitive or absolute preference over other applications (34 CFR 75.105(c)(1)). This NFP is in concert with President George W. Bush's New Freedom Initiative
(NFI)and NIDRR's Final Long-Range Plan for FY 2005-2009 (Plan). The NFI can be accessed on the Internet at the following site: *http://www.whitehouse.gov/infocus/newfreedom.* The Plan, which was published in the **Federal Register** on February 15, 2006 (71 FR 8165), can be accessed on the Internet at the following site: *http://www.ed.gov/about/offices/list/osers/nidrr/policy.html.* Through the implementation of the NFI and the Plan, NIDRR seeks to:
(1)Improve the quality and utility of disability and rehabilitation research;
(2)foster an exchange of expertise, information, and training to facilitate the advancement of knowledge and understanding of the unique needs of traditionally underserved populations;
(3)determine best strategies and programs to improve rehabilitation outcomes for underserved populations;
(4)identify research gaps;
(5)identify mechanisms of integrating research and practice; and,
(6)disseminate findings. Priority—Center on Postsecondary Education for Students With Intellectual Disabilities The Assistant Secretary for Special Education and Rehabilitative Services, the Assistant Secretary for Vocational and Adult Education, and the Assistant Secretary for Postsecondary Education jointly announce a priority for a DRRP—the Center on Postsecondary Education for Students with Intellectual Disabilities (Center). In order to meet this priority, the Center must—
(a)Identify key characteristics and promising practices of postsecondary education programs at community colleges, vocational-technical schools, and four-year colleges that currently serve students with intellectual disabilities (ID), including specialized programs that are intended to promote independence and improve employment outcomes for students with ID such as dual enrollment programs for students with ID who are still enrolled in high school and receiving special education services. This includes collecting information on—
(1)How students with ID are recruited and retained in these programs;
(2)The extent to which students with ID are enrolled in academic courses as part of these programs; and
(3)The types and extent of accommodations provided to students with ID in order to ensure their active participation in these programs;
(b)Conduct scientifically based research (as defined in 20 U.S.C. 7801(37) and included in the *Definitions* section of this notice) to determine whether variations in educational, vocational, employment, and independent living outcomes for students with ID are associated with participation in different types of postsecondary education programs. To fulfill this requirement, the Center must do one or both of the following:
(1)Engage in data collection activities or
(2)conduct secondary analyses of existing national and State longitudinal datasets, such as the National Longitudinal Transition Study-2 (NLTS-2) and the Florida K-20 Education Data Warehouse. Note: The NLTS-2 and the Florida K-20 Education Data Warehouse are only examples of existing datasets that may be used for purposes of conducting secondary analysis. Reports of study findings and data tables containing frequency counts for some variables can be accessed at: *http://www.nlts2.org.* For information on acquiring restricted-use data sets for NLTS-2, see page: *http://www.nlts2.org/data_tables/datatable_training.html.* of this Web site. The Florida K-20 Education Data Warehouse can be accessed at: *http://www.edwapp.doe.state.fl.us/doe/.*
(c)Compile existing technical assistance materials and develop new materials, as needed, including information on promising practices that can be replicated, for postsecondary education institutions that are developing new programs or expanding existing programs to provide activities for students with ID. Technical assistance materials must be informed by knowledge acquired through the Center's research program, as the knowledge becomes available;
(d)Partner with existing training and technical assistance providers for the purpose of disseminating technical assistance materials to postsecondary education programs interested in developing new programs or expanding existing programs for students with ID. To the extent possible, technical assistance and other informational materials should be disseminated to interested students with ID and their families;
(e)Provide technical assistance information and materials to appropriate NIDRR research and dissemination centers, including the National Center for the Dissemination of Disability Research and the Research Utilization Support and Help
(RUSH)Project at the Southwest Educational Development Laboratory, and the Center for International Rehabilitation Research Information and Exchange at the State University of New York at Buffalo;
(f)Establish an advisory committee of researchers, vocational rehabilitation providers, transition planners, secondary and postsecondary educators, individuals with ID, and parents of individuals with ID to provide the Center, on an ongoing basis, with guidance on the Center's research and technical assistance activities;
(g)Conduct a formative evaluation of the Center's activities, using clear performance objectives to ensure continuous improvement in the operation of the Center, including objective measures of progress in implementing the project and ensuring the quality of research and technical assistance; and
(h)To the extent possible, consult with the sponsors of activities that are similar or related to the Center's activities, especially, existing training and technical assistance resources that have been established by relevant offices within the U.S. Department of Education, including the Rehabilitation Services Administration's Rehabilitation Continuing Education Programs; the Office of Special Education Programs' Technical Assistance and Dissemination Network and Technical Assistance Communities of Practice; the Office of Vocational and Adult Education's National Research Center for Career and Technical Education; and the NIDRR network of knowledge translation grantees. This consultation must be designed to avoid duplication of efforts and to facilitate the exchange of information, pool resources, and improve the overall effectiveness of the Center's activities. Definitions The Assistant Secretary for Special Education and Rehabilitative Services, the Assistant Secretary for Vocational and Adult Education, and the Assistant Secretary for Postsecondary Education jointly establish the following definitions for the purpose of the *Center on Postsecondary Education for Students With Intellectual Disabilities* priority:
(1)*Adaptive skill areas,* as used in the definition of *students with intellectual disabilities,* means the basic skills needed for everyday life, such as communication, self-care, home living, social skills, leisure, health and safety, self-direction, functional academics (reading, writing, basic math), and work.
(2)*Scientifically based research* has the meaning given the term in 20 U.S.C. 7801(37): Research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs. It includes research that—
(a)Employs systematic, empirical methods that draw on observation or experiment;
(b)Involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;
(c)Relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators;
(d)Is evaluated using experimental or quasi-experimental designs in which individual entities, programs, or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random-assignment experiments, or other designs to the extent that those designs contain within-condition or across-condition controls;
(e)Ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and
(f)Has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.
(3)*Students with intellectual disabilities* means—
(a)Individuals ages 13 through 26 whose intellectual functioning levels require significant changes in instructional methods and modifications to the curriculum in order to participate in postsecondary education programs;
(b)Individuals who have significant limitations in adaptive skill areas as expressed in conceptual, social, and practical adaptive skills; and
(c)Individuals whose disabilities originated before the age of 18. Executive Order 12866 This NFP has been reviewed in accordance with Executive Order 12866. Under the terms of the order, we have assessed the potential costs and benefits of this regulatory action. The potential costs associated with this NFP are those resulting from statutory requirements and those we have determined as necessary for administering this program effectively and efficiently. In assessing the potential costs and benefits—both quantitative and qualitative—of this NFP, we have determined that the benefits of the final priority and definitions justify the costs. Summary of Potential Costs and Benefits The benefits of the DRRP programs have been well established over the years in that other DRRP projects have been completed successfully. The priority and definitions announced in this notice will generate new knowledge through research, dissemination, utilization, and technical assistance. Another benefit of the final priority and definitions is that establishing a new DRRP will support the President's NFI and improve the lives of individuals with disabilities. The new DRRP will generate, disseminate, and promote the use of new information that will improve the options for individuals with intellectual disabilities to achieve improved education, employment, and independent living outcomes. *Applicable Program Regulations:* 34 CFR part 350. Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister/index.html.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* (Catalog of Federal Domestic Assistance Numbers 84.133A Disability Rehabilitation Research Projects) Program Authority: 29 U.S.C. 762(g) and 764(a). Dated: April 22, 2008. Tracy R. Justesen, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E8-9108 Filed 4-24-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Privacy Act of 1974; System of Records—Adult English as a Second Language
(ESL)Literacy Impact Study AGENCY: Institute of Education Sciences, Department of Education. ACTION: Notice of a new system of records. SUMMARY: In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (Department) publishes this notice of a new system of records entitled “Adult English as a Second Language
(ESL)Literacy Impact Study” (18-13-19). The National Center for Education Evaluation and Regional Assistance at the Department's Institute of Education Sciences
(IES)commissioned this evaluation. It will be conducted under a contract that IES awarded in September 2004. The study will address the following questions:
(1)How effective is instruction based on a literacy workbook in improving the English reading and speaking skills of low-literate adult ESL learners?
(2)Is instruction based upon the workbook more effective for certain groups of students (e.g., native Spanish speakers)?
(3)How well do instructors implement the instruction based upon the workbook? The system will contain information about approximately 40 adult ESL teachers and two cohorts of approximately 900 adult learners per cohort. Within each cohort, approximately 450 learners will participate in classes in which instruction based upon the literacy workbook is implemented and approximately 450 learners will participate in classes in which instruction that is not based upon the literacy workbook is implemented. The first cohort of learners will be enrolled in adult education classes during the Fall semester of 2008. The second cohort of learners will be enrolled in adult education classes during the Spring semester of 2009. The system of records will include information about the adult learners participating in the evaluation, including names and addresses; demographic information such as race, ethnicity, gender, age, and educational background; and scores on literacy assessments. The system of records will also include information about the teachers participating in the evaluation, including names; demographic information such as race, ethnicity, gender, and educational background; and teaching experience. DATES: The Department seeks comment on the new system of records described in this notice, in accordance with the requirements of the Privacy Act. We must receive your comments on the proposed routine uses for the system of records referenced in this notice on or before May 27, 2008. The Department filed a report describing the new system of records covered by this notice with the Chair of the Senate Committee on Homeland Security and Governmental Affairs, the Chair of the House Committee on Oversight and Government Reform, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget
(OMB)on April 22, 2008. This system of records will become effective at the later date of—(1) the expiration of the 40-day period for OMB review on June 2, 2008 or
(2)May 27, 2008, unless the system of records needs to be changed as a result of public comment or OMB review. ADDRESSES: Address all comments about the proposed routine uses to Dr. Ricky Takai, Director, Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey Avenue, NW., room 502D, Washington, DC 20208-0001. Telephone:
(202)208-7083. If you prefer to send comments through the Internet, use the following address: *comments@ed.gov.* You must include the term “Adult ESL Literacy Impact Study” in the subject line of the electronic message. During and after the comment period, you may inspect all comments about this notice at the U.S. Department of Education in room 502D, 555 New Jersey Avenue, NW., Washington, DC, between the hours of 8 a.m. and 4:30 p.m., Eastern time, Monday through Friday of each week except Federal holidays. Assistance to Individuals With Disabilities in Reviewing the Rulemaking Record On request, we supply an appropriate aid, such as a reader or print magnifier, to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for this notice. If you want to schedule an appointment for this type of aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT . FOR FURTHER INFORMATION CONTACT: Dr. Ricky Takai. Telephone:
(202)208-7083. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed in this paragraph. SUPPLEMENTARY INFORMATION: Introduction The Privacy Act (5 U.S.C. 552a) requires the Department to publish in the **Federal Register** this notice of a new system of records maintained by the Department. The Department's regulations implementing the Privacy Act are contained in part 5b of title 34 of the Code of Federal Regulations (CFR). The Privacy Act applies to information about individuals that contains individually identifying information and that is retrieved by a unique identifier associated with each individual, such as a name or social security number. The information about each individual is called a “record,” and the system, whether manual or computer-based, is called a “system of records.” The Privacy Act requires each agency to publish a notice of a system of records in the **Federal Register** and to prepare and send a report to OMB whenever the agency publishes a new system of records. Each agency is also required to send copies of the report to the Chair of the Senate Committee on Homeland Security and Governmental Affairs and the Chair of the House Committee on Oversight and Government Reform. These reports are intended to permit an evaluation of the probable effect of the proposal on the privacy rights of individuals. Electronic Access to This Document You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister/index.html.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Dated: April 8, 2008. Grover Whitehurst, Director, Institute of Education Sciences. For the reasons discussed in the preamble, the Director of the Institute of Education Sciences, U.S. Department of Education, publishes a notice of a new system of records to read as follows: 18-13-19 SYSTEM NAME: Adult English as a Second Language
(ESL)Literacy Impact Study. SECURITY CLASSIFICATION: None. SYSTEM LOCATION:
(1)Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences (IES), U.S. Department of Education, 555 New Jersey Avenue, NW., room 502D, Washington, DC 20208-0001.
(2)American Institutes for Research, 1000 Thomas Jefferson Street, Washington, DC 20007-3839.
(3)Berkeley Policy Associates, 440 Grand Avenue, Suite 500, Oakland, CA 94610-5012.
(4)Mathematica Policy Associates, 600 Alexander Park, Princeton, NJ 08540-6346. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: This system contains records on adult ESL students and teachers who are participating in an evaluation of the effectiveness of a literacy workbook and teacher training in improving the English reading and speaking skills of adult ESL learners who have low levels of literacy in their native language. Teachers and adult ESL learners at recruited sites will volunteer to participate in the study. CATEGORIES OF RECORDS IN THE SYSTEM: The system will contain information about 40 adult ESL teachers and two cohorts of approximately 900 adult ESL learners per cohort. The system of records will include information about the adult learners participating in the evaluation, including the learners' names; addresses; demographic information such as race/ethnicity, gender, age, educational background; and scores on literacy assessments. The system of records will also include information about the teachers participating in the evaluation, including the teachers' names; demographic information such as race/ethnicity, gender, educational background; and teaching experience. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: The evaluation being conducted is authorized under section 243 of the Adult Education and Family Literacy Act (20 U.S.C. 9253), as well as sections 171(b) and 173 of the Education Sciences Reform Act of 2002
(ESRA)(20 U.S.C. 9561(b) and 9563). PURPOSE(S): The information in this system is used for the following purpose: To study the effectiveness of a literacy workbook and teacher training in improving the English reading and speaking skills of adult ESL learners who have low levels of literacy skills in their native language. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: The Department of Education (Department) may disclose information contained in a record in this system of records under the routine uses listed in this system of records without the consent of the individual if the disclosure is compatible with the purposes for which the record was collected. These disclosures may be made on a case-by-case basis or, if the Department has complied with the computer matching requirements of the Privacy Act, under a computer matching agreement. Any disclosure of individually identifiable information from a record in this system must also comply with the requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality standards that apply to all collections, reporting, and publication of data by IES. *Contract Disclosure.* If the Department contracts with an entity for the purposes of performing any function that requires disclosure of records in this system to employees of the contractor, the Department may disclose the records to those employees. Before entering into such a contract, the Department shall require the contractor to maintain Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect to the records in the system. DISCLOSURE TO CONSUMER REPORTING AGENCIES: Not applicable to this system notice. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: The Department maintains records on CD-ROM, and the contractor (American Institutes for Research) and subcontractors (Berkeley Policy Associates and Mathematica Policy Associates) maintain data for this system on computers and in hard copy. RETRIEVABILITY: Records in this system are indexed and retrieved by a number assigned to each individual that is cross-referenced by the individual's name on a separate list. SAFEGUARDS: All physical access to the Department's site and to the sites of the Department's contractor and subcontractors, where this system of records is maintained, is controlled and monitored by security personnel. The computer system employed by the Department offers a high degree of resistance to tampering and circumvention. This security system limits data access to Department and contract staff on a need-to-know basis, and controls individual users' ability to access and alter records within the system. The contractor and subcontractors will establish similar sets of procedures at their sites to ensure confidentiality of data. Their systems are required to ensure that information identifying individuals is in files physically separated from other research data. The contractor and subcontractors will maintain security of the complete set of all master data files and documentation. Access to individually identifying data will be strictly controlled. At each site all data will be kept in locked file cabinets during nonworking hours, and work on hardcopy data will take place in a single room, except for data entry. Physical security of electronic data will also be maintained. Security features that protect project data include: Password-protected accounts that authorize users to use the contractor's and subcontractors' systems but to access only specific network directories and network software; user rights and directory and file attributes that limit those who can use particular directories and files and determine how they can use them; and additional security features that the network administrators will establish for projects as needed. The contractor and subcontractor employees who “maintain” (collect, maintain, use, or disseminate) data in this system shall comply with the requirements of the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573). RETENTION AND DISPOSAL: Records are maintained and disposed of in accordance with the Department's Records Disposition Schedules (ED/RDS, Part 3, Item 2b and Part 3, Item 5a). SYSTEM MANAGER AND ADDRESS: Director, Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey Avenue, NW., room 502D, Washington, DC 20208. NOTIFICATION PROCEDURE: If you wish to determine whether a record exists regarding you in the system of records, contact the systems manager. Your request must meet the requirements of regulations at 34 CFR 5b.5, including proof of identity. RECORD ACCESS PROCEDURE: If you wish to gain access to your record in the system of records, contact the system manager. Your request must meet the requirements of regulations at 34 CFR 5b.5, including proof of identity. CONTESTING RECORD PROCEDURE: If you wish to contest the content of a record regarding you in the system of records, contact the system manager. Your request must meet the requirements of the regulations at 34 CFR 5b.7, including proof of identity. RECORD SOURCE CATEGORIES: The system of records will include information collected from adult learners and from teachers participating in the evaluation. Data collected from the learners will include learners' names; addresses; demographic information such as race/ethnicity, gender, age, educational background; and scores on literacy assessments. Data collected from the teachers will include the teachers' names; demographic information such as race/ethnicity, gender, educational background; and teaching experience. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E8-9115 Filed 4-24-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Biological and Environmental Research Advisory Committee AGENCY: Department of Energy; Office of Science. ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the Biological and Environmental Research Advisory Committee. Federal Advisory Committee Act (Pub. L. No. 92-463, as amended) requires that public notice of these meetings be announced in the **Federal Register** . DATES: Monday, May 19, 2008, 9 a.m. to 5:30 p.m.; and Tuesday, May 20, 2008, 9 a.m. to 12:30, E.D.T. ADDRESSES: Hilton Hotel, 620 Perry Parkway, Gaithersburg, MD 20877. FOR FURTHER INFORMATION CONTACT: Dr. David Thomassen (301-903-9817; *david.thomassen@science.doe.gov* ) Designated Federal Officer, Biological and Environmental Research Advisory Committee, U.S. Department of Energy, Office of Science, Office of Biological and Environmental Research, SC-23/Germantown Building, 1000 Independence Avenue, SW., Washington, DC 20585-1290. The most current information concerning this meeting can be found on the Web site: *http://www.science.doe.gov/ober/berac/announce.html.* SUPPLEMENTARY INFORMATION: *Purpose of the Meeting:* To provide advice on a continuing basis to the Director, Office of Science of the Department of Energy, on the many complex scientific and technical issues that arise in the development and implementation of the Biological and Environmental Research Program. Tentative Agenda • Report on the Environmental Remediation Sciences Division Committee of Visitors. • Report on the Low Dose Radiation Research Program BERAC Review. • Science Talk. • Update on BER Program for Ecosystems Research. • Workshop Report—Next Generation of Climatic Change Ecosystem Experiments After the FACE Studies, Follow-on to October 2006, BERAC Report. • Genomics: GTL Data Sharing Policy. • Update on Joint ASCAC-BERAC GTL Charge • Report on BER Carbon Cycling and Carbon Sequestration Workshop • Comments and Discussion, Anna Palmisano, Associate Director of Science for Biological and Environmental Research. • News from the Life and Medical Sciences, Climate Change Research, and Environmental Remediation Sciences Divisions. • New business. • Public Comment. *Public Participation:* The day and a half meeting is open to the public. If you would like to file a written statement with the Committee, you may do so either before or after the meeting. If you would like to make oral statements regarding any of the items on the agenda, you should contact David Thomassen at the address or telephone number listed above. You must make your request for an oral statement at least five business days before the meeting. Reasonable provision will be made to include the scheduled oral statements on the agenda. The Chairperson of the Committee will conduct the meeting to facilitate the orderly conduct of business. Public comment will follow the 10-minute rule. *Minutes:* The minutes of this meeting will be available for public review and copying within 45 days at the BERAC Web site: *http://www.science.doe.gov/ober/berac/Minutes.html.* Issued in Washington, DC on April 22, 2008. Rachel M. Samuel, Deputy Committee Management Officer. [FR Doc. E8-9082 Filed 4-24-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Savannah River Site 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), Savannah River Site. The Federal Advisory Committee Act (Pub. L. No. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the **Federal Register** . DATES: Monday, May 19, 2008, 1 p.m.-5 p.m., Tuesday, May 20, 2008, 8:30 a.m.-4 p.m. ADDRESSES: DoubleTree Hotel, 411 West Bay Street, Savannah, GA 31401. FOR FURTHER INFORMATION CONTACT: Gerri Flemming, Office of External Affairs, Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29802; Phone:
(803)952-7886. 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 Monday, May 19, 2008 1 p.m. Combined Committee Session. 5 p.m. Adjourn. Tuesday, May 20, 2008 8:30 a.m. Approval of Minutes, Agency Updates. 9:30 a.m. Public Comment Session. 9:45 a.m. Chair and Facilitator Updates. 10:15 a.m. Waste Management Committee Report. 11:15 a.m. Facility Disposition and Site Remediation Committee Report. 11:45 a.m. Public Comment Session. 12 p.m. Lunch Break. 1 p.m. Strategic and Legacy Management Committee Report. 2 p.m. Nuclear Materials Committee Report. 2:45 p.m. Administrative Committee Report. 3:45 p.m. Public Comment Session. 4 p.m. Adjourn. If needed, time will be allotted after public comments for items added to the agenda and administrative details. A final agenda will be available at the meeting Monday, May 19, 2008. *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 statements pertaining to agenda items should contact Gerri Flemming's office at the address or telephone listed above. Requests 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 or calling Gerri Flemming at the address or phone number listed above. Minutes will also be available at the following Web site: *http://www.srs.gov/general/outreach/srs-cab/srs-cab.html.* Issued at Washington, DC on April 21, 2008. Rachel Samuel, Deputy Committee Management Officer. [FR Doc. E8-9083 Filed 4-24-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No.: 733-010] Eric Jacobson; Notice of Application Tendered for Filing With the Commission and Establishing Procedural Schedule for Licensing and Deadline for Submission of Final Amendments April 18, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* Minor License. b. *Project No.:* 733-010. c. *Date Filed:* April 9, 2008. d. *Applicant:* Eric Jacobson. e. *Name of Project:* Ouray Hydroelectric Project. f. *Location:* The project is located on the Uncompahgre River in Ouray County, Colorado. The project occupies lands within the Uncompahgre National Forest managed by the U.S. Forest Service. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Eric Jacobson, P.O. Box 745, Telluride, CO 81435;
(970)369-4662. i. *FERC Contact:* Steve Hocking,
(202)502-8753 or *steve.hocking@ferc.gov.* j. This application is not ready for environmental analysis at this time. k. *Project Description:* The project consists of the following existing facilities:
(1)A 0.48-acre reservoir formed by a 70-foot-long masonry gravity dam with a maximum height of 72 feet consisting of a 51-foot-long non-overflow section and a 19-foot-wide spillway;
(2)a 6,130-foot-long pressure pipeline;
(3)a 32-by-65-foot powerhouse containing three turbine-generating units with a total authorized capacity of 632 kilowatts (kW); and
(4)appurtenant facilities. The applicant proposes to upgrade turbine-generator unit No. 1 and add a fourth turbine-generator unit to increase the project's total installed capacity to 775 kW. 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
(866)208-3676, or for TTY,
(202)502-8659. A copy is also available for inspection and reproduction by contacting the applicant using the contact information in item
(h)above. m. You may also register online at *http://www.ferc.gov/esubscribenow.htm* to be notified via email 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. Milestone Target date Notice of Acceptance/Notice of Ready for Environmental Analysis September 1, 2008. Interventions, Recommendations, Terms and Conditions due October 30, 2008. Commission Issues Single Environmental Assessment
(EA)January 13, 2009. EA Comments due February 12, 2009. Modified Terms and Conditions due April 13, 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. E8-9022 Filed 4-24-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2197-073 North Carolina; Project No. 2206-030 North Carolina] Alcoa Power Generating, Inc.; Progress Energy Carolinas; Notice of Availability of the Final Environmental Impact Statement for the Yadkin Project and the Yadkin-Pee Dee River Project April 18, 2008. In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's (Commission) regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office of Energy Projects has reviewed the applications for licenses for Alcoa Power Generating, Inc.'s 210-megawatt Yadkin Hydroelectric Project (Project No. 2197) and Progress Energy Carolina's 108.6-MW Yadkin-Pee Dee River Hydroelectric Project (Project No. 2206), located on the Yadkin and Pee Dee rivers in the counties of Davidson, Davie, Montgomery, Rowan, Stanly, Anson, and Richmond, near Charlotte, North Carolina. Based upon this review, the Office of Energy Projects has prepared a Final Environmental Impact Statement (final EIS) for the projects. The final EIS contains staff's evaluation of the applicant's proposal and alternatives for relicensing the Yadkin and Yadkin-Pee Dee River Projects. The final EIS documents the views of governmental agencies, non-governmental organizations, affected Indian tribes, the public, the license applicants, and Commission staff. A copy of the final EIS is available for review in the Commission's Public Reference Branch, Room 2A, located at 888 First Street, NE., Washington, DC 20426. The final EIS also may be viewed on the Commission's Web site at *http://www.ferc.gov* under the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. For further information, contact Stephen Bowler at
(202)502-6861 or *stephen.bowler@ferc.gov* or Lee Emery at
(202)502-8379 or lee.emery@ferc.gov. Kimberly D. Bose, Secretary. [FR Doc. E8-9021 Filed 4-24-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-31-000] Transcontinental Gas Pipe Line Corporation; Notice of Availability of the Environmental Assessment for the Proposed Sentinel Expansion Project April 18, 2008. The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment
(EA)of the natural gas pipeline facilities proposed by the Transcontinental Gas Pipe Line Corporation (Transco) in the above-referenced docket. The EA was prepared to satisfy the requirements of the National Environmental Policy Act. The FERC staff concludes that approval of the proposed project, with appropriate mitigating measures, would not constitute a major federal action significantly affecting the quality of the human environment. The EA assesses the environmental impacts of constructing and operating the proposed Sentinel Expansion Project (Project). The purpose of the proposed Project is to provide approximately 142,000 dekatherms per day (Dt/d) of natural gas delivery capacity to the northeastern United States through the replacement of existing facilities and the addition of looping and compression facilities along Transco's existing natural gas delivery system. The EA has been placed in the public files of the FERC. A limited number of copies of the EA are available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street, NE., Room 2A, Washington, DC 20426,
(202)502-8371. Copies of the EA have been mailed to federal, state, and local agencies, public interest groups, interested individuals, newspapers, and parties to this proceeding. Any person wishing to comment on the EA may do so. To ensure consideration prior to a Commission decision on the proposal, it is important that we receive your comments before the date specified below. Please note that the Commission strongly encourages the electronic filing of any comments or interventions or protests to this proceeding, see 18 Code of Federal Regulations 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. If you are filing written comments, 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 comments to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426; • Reference Docket No. CP08-31-000; • Label one copy of the comments for the attention of the Gas Branch 2, PJ-11.2; and • Mail your comments so that they will be received in Washington, DC on or before May 19, 2008. Comments will be considered by the Commission but will not serve to make the commentor a party to the proceeding. Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214). 1 Only intervenors have the right to seek rehearing of the Commission's decision. 1 Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion on filing comments electronically. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your comments considered. Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, 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 *http://www.ferc.gov/esubscribenow.htm.* Kimberly D. Bose, Secretary. [FR Doc. E8-9023 Filed 4-24-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 1881-050] PPL Holtwood, LLC; Notice of Extension of Comment Date April 18, 2008. On February 21, 2008, the Commission issued a “Notice of Application Accepted for Filing, Soliciting Motions to Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Terms and Conditions, and Fishway Prescriptions” with a comment date of April 21, 2008, and a reply comment date of June 5, 2008. On April 16, 2008, Exelon Corporation and PPL Holtwood, LLC, jointly requested the comment date be extended an additional two weeks. The comment date will be extended to May 5, 2008, and the reply comment date will be extended until June 19, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-9020 Filed 4-24-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-536-002] Polytop Corporation; Notice of Filing April 18, 2008. Take notice that on April 16, 2008, Polytop Corporation tendered for filing a Petition for Acceptance of Initial Tariff, Waivers and Blanket Authority. 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 May 7, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-9018 Filed 4-24-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12737-001] Gathright Hydroelectric Project; Notice of Intent To File License Application, Filing of Pre-Application Document, and Approval of Use of the Traditional Licensing Process April 18, 2008. a. *Type of Filing:* Notice of Intent to File License Application and Request to Use the Traditional Licensing Process. b. *Project No.:* 12737-001. c. *Date Filed:* December 27, 2007. d. *Submitted By:* Hydro Matrix Limited Partnership. e. *Name of Project:* Gathright Hydroelectric Project. f. *Location:* The project would be located at the existing Corps of Engineer's Gathright Dam on the Jackson River in Alleghany County, Virginia. g. *Filed Pursuant to:* 18 CFR 5.3 of the Commission's regulations. h. *Applicant Contact:* Mr. James B. Price, Hydro Matrix Limited Partnership, P.O. Box 903, Gatlinburg, TN 37738,
(865)436-0402. i. *FERC Contact:* Michael Spencer,
(202)502-6093 or *michael.spencer@ferc.gov.* j. Hydro Matrix Limited Partnership filed its request to use the Traditional Licensing Process on December 27, 2007. Hydro Matrix Limited Partnership filed public notice of its request on January 15, 2008. In a letter dated February 13, 2008, the Director of the Office of Energy Projects approved Hydro Matrix Limited Partnership's request to use the Traditional Licensing Process. k. With this notice, we are initiating informal consultation with:
(a)The U.S. Fish and Wildlife Service under section 7 of the Endangered Species Act; and
(b)the Virginia 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. Hydro Matrix Limited Partnership 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. m. A copy of the PAD is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site ( *http://www.ferc.gov* , using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCONlineSupport@ferc.gov* or toll free at 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/docs-filing/esubscription.asp* to be notified via e-mail of new filing and issuances related to this or other pending projects. For assistance, contact FERC Online Support. Kimberly D. Bose, Secretary. [FR Doc. E8-9019 Filed 4-24-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER08-411-000; ER08-411-00; ER08-411-002; ER08-411-003] Tiger Natural Gas, Inc.; Notice of Issuance of Order April 18, 2008. Tiger Natural Gas, Inc. (Tiger) filed an application for market-based rate authority, with an accompanying rate schedule. The proposed market-based rate schedule provides for the sale of energy and capacity at market-based rates. Tiger also requested waivers of various Commission regulations. In particular, Tiger requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by Tiger. On April 17, 2008, pursuant to delegated authority, the Director, Division of Tariffs and Market Development-West, granted the requests for blanket approval under part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by Tiger should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). The Commission encourages the electronic submission of protests using the FERC Online link at *http://www.ferc.gov* . Notice is hereby given that the deadline for filing protests is May 19, 2008. Absent a request to be heard in opposition to such blanket approvals by the deadline above, Tiger is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of Tiger, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of Tiger's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E8-9017 Filed 4-24-08; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8558-4] Office of Research and Development; Ambient Air Monitoring Reference and Equivalent Methods: Correction to Description of Equivalent Method EQPM-0308-170 MetOne Instruments, Inc.'s, BAM-1020 Beta Attentuation Mass Monitor AGENCY: Environmental Protection Agency. ACTION: Notice of the correction of the description of an equivalent method for monitoring ambient air quality. SUMMARY: Notice is hereby given that the Environmental Protection Agency
(EPA)designated on March 12, 2008, in accordance with 40 CFR part 53, one new equivalent method for measuring concentrations of particulate matter as PM 2.5 in the ambient air. This notice corrects the description of the method. FOR FURTHER INFORMATION CONTACT: Elizabeth Hunike, Human Exposure and Atmospheric Sciences Division (MD-D205-03), National Exposure Research Laboratory, U.S. EPA, Research Triangle Park, North Carolina 27711. Phone:
(919)541-3737, e-mail: *Hunike.Elizabeth@epa.gov.* SUPPLEMENTARY INFORMATION: In accordance with regulations at 40 CFR Part 53, the EPA evaluates various methods for monitoring the concentrations of those ambient air pollutants for which EPA has established National Ambient Air Quality Standards (NAAQSs) as set forth in 40 CFR Part 50. Monitoring methods that are determined to meet specific requirements for adequacy are designated by the EPA as either reference methods or equivalent methods (as applicable), thereby permitting their use under 40 CFR Part 58 by States and other agencies for determining attainment of the NAAQSs. The EPA hereby announced the designation of one new equivalent method for measuring concentrations of particulate matter as PM 2.5 in the ambient air on March 12, 2008. This designation was made under the provisions of 40 CFR part 53, as amended on December 18, 2006 (71 FR 61271). The new equivalent method for PM <sup>2.5</sup> is an automated method (sampler) that utilizes a measurement principle based on filter sample collection and analysis by beta-ray attenuation. The newly designated equivalent method is identified as follows: EQPM-0308-170, “Met One Instruments, Inc. BAM-1020 Beta Attenuation Mass Monitor—PM <sup>2.5</sup> FEM Configuration, configured with a BGI VSCC TM Very Sharp Cut Cyclone particle size separator,” operated for 24 1-hour average measurements with firmware revision 3.2.4 or later, with or without an inlet tube extension (BX-823), with or without external enclosures BX-902 or BX-903, in accordance with the BAM 1020 Particulate Monitor operation manual, revision F or later, and VSCC TM supplemental manual and equipped with BX-596 ambient temperature and barometric pressure combination sensor, internal BX-961 automatic flow controller operated in Actual (volumetric) flow control mode, the standard BX-802 EPA PM 10 inlet head and a BGI VSCC TM Very Sharp Cut Cyclone (VSCC-A), BX-827
(110V)or BX-830
(230V)Smart Inlet Heater, with the heater RH set to 35% and the temperature control set to “off”, the 8470-1 revision D or later tape control transport assembly with close geometry beta source configuration, used with standard glass fiber filter tape, COUNT TIME parameter set for 8 minutes, the SAMPLE TIME parameter set for 42 minutes, BX-302 zero filter calibration kit required. An application for an equivalent method determination for the candidate method was received by the EPA on September 19, 2007. The sampler is commercially available from the applicant, Met One Instruments, Inc., 1600 Washington Boulevard, Grants Pass, Oregon 07526 ( *http://www.metone.com* ). A test analyzer representative of this method has been tested in accordance with the applicable test procedures specified in 40 CFR part 53 (as amended on December 18, 2006). After reviewing the results of those tests and other information submitted by the applicant in the application, EPA has determined, in accordance with Part 53, that this method should be designated as an equivalent method. The information submitted by the applicant in the application will be kept on file, either at EPA's National Exposure Research Laboratory, Research Triangle Park, North Carolina 27711 or in an approved archive storage facility, and will be available for inspection (with advance notice) to the extent consistent with 40 CFR part 2 (EPA's regulations implementing the Freedom of Information Act). As a designated equivalent method, this method is acceptable for use by states and other air monitoring agencies under the requirements of 40 CFR part 58, Ambient Air Quality Surveillance. For such purposes, the method must be used in strict accordance with the operation or instruction manual associated with the method and subject to any specifications and limitations ( *e.g.* , configuration or operational settings) specified in the applicable designation method description (see the identifications of the method above). Use of the method should also be in general accordance with the guidance and recommendations of applicable sections of the “Quality Assurance Handbook for Air Pollution Measurement Systems, Volume I,” EPA/600/R-94/038a and “Quality Assurance Handbook for Air Pollution Measurement Systems, Volume II, Part 1,” EPA-454/R-98-004 (available at *http://www.epa.gov/ttn/amtic/qabook.html* ). Vendor modifications of a designated equivalent method used for purposes of Part 58 are permitted only with prior approval of the EPA, as provided in Part 53. Provisions concerning modification of such methods by users are specified under Section 2.8 (Modifications of Methods by Users) of Appendix C to 40 CFR part 58. In general, a method designation applies to any sampler or analyzer which is identical to the sampler or analyzer described in the application for designation. In some cases, similar samplers or analyzers manufactured prior to the designation may be upgraded or converted ( *e.g.* , by minor modification or by substitution of the approved operation or instruction manual) so as to be identical to the designated method and thus achieve designated status. The manufacturer should be consulted to determine the feasibility of such upgrading or conversion. Part 53 requires that sellers of designated reference or equivalent method analyzers or samplers comply with certain conditions. These conditions are specified in 40 CFR 53.9 and are summarized below:
(a)A copy of the approved operation or instruction manual must accompany the sampler or analyzer when it is delivered to the ultimate purchaser.
(b)The sampler or analyzer must not generate any unreasonable hazard to operators or to the environment.
(c)The sampler or analyzer must function within the limits of the applicable performance specifications given in 40 CFR Parts 50 and 53 for at least one year after delivery when maintained and operated in accordance with the operation or instruction manual.
(d)Any sampler or analyzer offered for sale as part of a reference or equivalent method must bear a label or sticker indicating that it has been designated as part of a reference or equivalent method in accordance with Part 53 and showing its designated method identification number.
(e)If such an analyzer has two or more selectable ranges, the label or sticker must be placed in close proximity to the range selector and indicate which range or ranges have been included in the reference or equivalent method designation.
(f)An applicant who offers samplers or analyzers for sale as part of a reference or equivalent method is required to maintain a list of ultimate purchasers of such samplers or analyzers and to notify them within 30 days if a reference or equivalent method designation applicable to the method has been canceled or if adjustment of the sampler or analyzer is necessary under 40 CFR 53.11(b) to avoid a cancellation.
(g)An applicant who modifies a sampler or analyzer previously designated as part of a reference or equivalent method is not permitted to sell the sampler or analyzer (as modified) as part of a reference or equivalent method (although it may be sold without such representation), nor to attach a designation label or sticker to the sampler or analyzer (as modified) under the provisions described above, until the applicant has received notice under 40 CFR Part 53.14(c) that the original designation or a new designation applies to the method as modified, or until the applicant has applied for and received notice under 40 CFR 53.8(b) of a new reference or equivalent method determination for the sampler or analyzer as modified. Aside from occasional breakdowns or malfunctions, consistent or repeated noncompliance with any of these conditions should be reported to: Director, Human Exposure and Atmospheric Sciences Division (MD-E205-01), National Exposure Research Laboratory, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711. Designation of this new equivalent method is intended to assist the States in establishing and operating their air quality surveillance systems under 40 CFR Part 58. Questions concerning the commercial availability or technical aspects of the method should be directed to the applicant. Jewel F. Morris, Acting Director, National Exposure Research Laboratory. [FR Doc. E8-9089 Filed 4-24-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2006-0922; FRL-8558-8] Draft Risk and Exposure Assessment Reports for Nitrogen Dioxide (NO 2 ) AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of extension of comment period. SUMMARY: The EPA is announcing an extension of the public comment period on the Draft Risk and Exposure Assessment Reports for Nitrogen Dioxide (NO 2 ) (73 FR 20045; April 14, 2008). The EPA is extending the comment period that originally ends on May 1, 2008. The extended comment period will close on May 30, 2008. The EPA is extending the comment period to provide stakeholders and the public with adequate time to conduct appropriate analysis and prepare meaningful comments. DATES: Comments on the above reports must be received on or before May 30, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2006-0922, by one of the following methods: • *http://www.regulations.gov* : Follow the on-line instructions for submitting comments. • *E-mail:* Comments may be sent by electronic mail (e-mail) to *a-and-r-docket@epa.gov* , Attention Docket ID No. EPA-HQ-OAR-2006-0922. • *Fax:* Fax your comments to 202-566-9744, Attention Docket ID. No. EPA-HQ-OAR-2006-0922. • *Mail:* Send your comments to: Air and Radiation Docket and Information Center, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2006-0922. • *Hand Delivery or Courier:* Deliver your comments to: EPA Docket Center, 1301 Constitution Ave., NW., Room 3334, Washington, DC. 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-HQ-OAR-2006-0922. The EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the Air Docket in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays. The Docket telephone number is 202-566-1742; fax 202-566-9744. FOR FURTHER INFORMATION CONTACT: Dr. Scott Jenkins, Office of Air Quality Planning and Standards (Mailcode C504-06), U.S. Environmental Protection Agency, Research Triangle Park, NC 27711; e-mail: *Jenkins.scott@epa.gov* ; telephone: 919-541-1167; fax: 919-541-0237. General Information A. What Should I Consider as I Prepare My Comments for EPA? *1. Submitting CBI* . Do not submit this information to EPA through *http://www.regulations.gov* or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. *2. Tips for Preparing Your Comments.* When submitting comments, remember to: • Identify the rulemaking by docket number and other identifying information (subject heading, **Federal Register** date and page number). • Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations
(CFR)part or section number. • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. SUPPLEMENTARY INFORMATION: Under section 108(a) of the Clean Air Act (CAA), the Administrator identifies and lists certain pollutants which “cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare.” The EPA then issues air quality criteria for listed pollutants, which are commonly referred to as “criteria pollutants.” The air quality criteria are to “accurately reflect the latest scientific knowledge useful in indicating the kind and extent of all identifiable effects on public health or welfare which may be expected from the presence of [a] pollutant in the ambient air, in varying quantities.” Under section 109 of the CAA, EPA establishes NAAQS for each listed pollutant, with the NAAQS based on the air quality criteria. Section 109(d) of the CAA requires periodic review and, if appropriate, revision of existing air quality criteria. The revised air quality criteria reflect advances in scientific knowledge on the effects of the pollutant on public health or welfare. The EPA is also required to periodically review and revise the NAAQS, if appropriate, based on the revised criteria. Air quality criteria have been established for the nitrogen oxides (NO <sup>X</sup> ) and NAAQS have been established for nitrogen dioxide (NO <sup>2</sup> ), an indicator for NO <sup>X</sup> . Presently, EPA is reviewing the air quality criteria for NO <sup>X</sup> and the NAAQS for NO <sup>2</sup> . As part of its review of the NAAQS, EPA is preparing an assessment of exposures and health risks associated with ambient NO <sup>2</sup> . A draft plan describing the proposed approaches to assessing exposures and risks is described in the draft document, *Nitrogen Dioxide Health Assessment Plan: Scope and Methods for Exposure and Risk Assessment* . This document was released for public review and comment in September 2007 and was the subject of a consultation with the Clean Air Scientific Advisory Committee (CASAC) on October 24 and 25, 2007. Comments received from that consultation have been considered in developing the draft risk and exposure assessment documents being released at this time. The draft documents convey the approach taken to assess exposures to ambient NO <sup>2</sup> and to characterize associated health risks, as well as to present the results of those assessments. These draft documents will be available online at: *http://www.epa.gov/ttn/naaqs/standards/nox/s_nox_cr_rea.html* . The EPA is soliciting advice and recommendations from the CASAC by means of a review on the draft documents at an upcoming public meeting of the CASAC. A **Federal Register** notice will inform the public of the date and location of that meeting. Following the CASAC meeting, EPA will consider comments received from the CASAC and the public in preparing a second draft risk and exposure assessment report. The release of the second draft report will be followed by another CASAC meeting and ultimately by a final risk and exposure assessment report. Dated: April 18, 2008. Stephen D. Page, Director, Office of Air Quality Planning and Standards. [FR Doc. E8-9132 Filed 4-24-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-6698-2] Environmental Impacts Statements; Notice of Availability *Responsible Agency:* Office of Federal Activities, General Information
(202)564-7167 or *http://www.epa.gov/compliance/nepa/* . Weekly receipt of Environmental Impact Statements Filed 04/14/2008 Through 04/18/2008 Pursuant to 40 CFR 1506.9 *EIS No. 20080147, Final EIS, AFS, MT* Trapper Bunk House Land Stewardship Project, Reduce Risk from Stand-Replacing and Uncontrollable Fires, Improve Resiliency and Provide Forest Products, Fuel Reduction Research and Watershed Improvement, Bitterroot National Forest, Darby Ranger District, Ravalli County, MT, Wait Period Ends: 05/27/2008, Contact: Chuck Oliver 406-821-3913. *EIS No. 20080148, Final EIS, SFW, WI* Trempealeau National Wildlife Refuge Comprehensive Conservation Plan, Implementation, located within the Mississippi River Valley, Buffalo and Trempealeau Counties, WI, Wait Period Ends: 05/27/2008, Contact: Victoria Hirschboeck 608-539-2311. *EIS No. 20080149, Final EIS, SFW, AZ* Horseshoe and Bartlett Reservoirs Project, To Store and Release Water, Issuance of an Incidental Take Permit for Operation, Located Northeast of Phoenix, Maricopa and Yavapai Counties, AZ, Wait Period Ends: 05/27/2008, Contact: Debra Bills 602-242-0210. *EIS No. 20080150, Draft EIS, NOA, 00* Amendment 16 to the Fishery Management Plan for the Snapper Grouper Fishery, To End Overfishing of Gag and Vermillion Snapper, Implementation, South Atlantic Region, Comment Period Ends: 06/09/2008, Contact: Dr. Roy E. Crabtree 727-824-5301. *EIS No. 20080151, Second Final Supplement, AFS, CA* Watdog Project, Additional Clarification of Changes Between the Final EIS
(2005)and Final Supplement EIS (2007), Feather River Ranger District, Plumas National Forest, Butte and Plumas Counties, CA, Wait Period Ends: 05/27/2008, Contact: Carol Spinos 530-534-6500. *EIS No. 20080152, Final EIS, FRC, NC* Yadkin—Yadkin-Pee Dee Hydro Electric Project (Docket Nos. P-2197-073 & P-2206-030), Issuance of New Licenses for the Existing and Proposed Hydropower Projects, Yadkin—Yadkin-Pee Dee Rivers, Davidson, Davie, Montgomery, Rowan, Stanly, Anson and Richmond Counties, NC, Wait Period Ends: 05/27/2008, Contact: Stephen Bowler 202-502-6861. *EIS No. 20080153, Draft Supplement, NOA, 00* Snapper Grouper Amendment 15B, Fishery Management Plan, Updated Information on the Economic Analysis for the Bag Limit Sales Provision, Update Management Reference Point for Golden Tilefish (Lopholatilus chamaeleonticeps); Define Allocations for Snowy Grouper (Epinephelus niveatus) and Red Porgy (Pagrus pagrus), NC, SC, FL, and GA, Comment Period Ends: 06/09/2008, Contact: Dr. Roy E. Crabtree 727-824-5305. *EIS No. 20080154, Draft EIS, FHW, MD* US 50 Crossing Study, Transportation Improvement from MD-611 to MD 378; and 3rd Street to Somerset Street, Funding, U.S. Coast Guard, U.S. Army COE Section 10 and 404 Permits, Worcester County, MD, Comment Period Ends: 06/30/2008, Contact: Denise King 410-779-7145. Amended Notices *EIS No. 20080072, Draft EIS, IBR, CO* Southern Delivery System Project, Water Supply Development, Execution of up to 40-year Contracts for Use of Fryingpan-Arkansas Project Facilities, Special Use Permit, El Paso County, CO, Comment Period Ends: 04/29/2008, Contact: Kara Lamb 970-663-3212. Revision of FR Notice Published 02/29/2008: Extending Comment Period from 04/29/2008 to 06/13/2008. Dated: April 22, 2008. Robert W. Hargrove, Director, NEPA Compliance Division, Office of Federal Activities. [FR Doc. E8-9075 Filed 4-24-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-6698-3] Environmental Impact Statements and Regulations; Availability of EPA Comments Availability of EPA comments prepared pursuant to the Environmental Review Process (ERP), under section 309 of the Clean Air Act and Section 102(2)(c) of the National Environmental Policy Act as amended. Requests for copies of EPA comments can be directed to the Office of Federal Activities at 202-564-7167. An explanation of the ratings assigned to draft environmental impact statements
(EISs)was published in FR dated April 11, 2008 (73 FR 19833). Draft EISs EIS No. 20080004, ERP No. D-NSA-A06182-00 PROGRAMMATIC—EIS—Complex Transformation, To Make the U.S. Nuclear Weapon Complex Smaller, and more Responsive, Efficient and Secure in Order to Meet National Security Requirements, CA, NV, NM, SC, TN and TX *Summary:* EPA does not object to the proposed action. *Rating* LO. EIS No. 20080035, ERP No. D-IBR-L39041-WA Yakima River Basin Water Storage Feasibility Study, Create Additional Water Storage, Benton, Yakima, Kittitas Counties, WA *Summary:* EPA expressed environmental objections to the proposed Black Rock Alternative because of potential impacts to groundwater, and subsequent migration of radiological and chemical contaminants to the Columbia River, and a lack of effective mitigation measures. EPA's concerns about the Wymer Dam and Reservoir and Wymer Dam Plus Yakima River Pump Exchange alternatives were the potential adverse effects on wetlands, riparian areas, water quality, and habitat. EPA recommended additional evaluation of the seepage impacts, as well as further examination of proposed State Alternatives, which may help to increase water availability with minimal environmental effects. *Rating* EO2. EIS No. 20080071, ERP No. D-NOA-L39164-WA PROGRAMMATIC—Incorporation of the Revised Washington Shoreline Management Act Guidelines Into the Federally Approved Washington Coastal Management Program, Amendment No. 4 Approval, Coastal Counties in WA *Summary:* EPA does not object to the proposed project. *Rating* LO. Final EISs EIS No. 20080087, ERP No. F-FRC-G03036-00 Fayetteville/Greenville Expansion Project, Construction and Operation of the Natural Gas Pipeline Facilities in Arkansas and Mississippi *Summary:* No formal comment letter was sent to the preparing agency. EIS No. 20080088, ERP No. F-FHW-J40261-MT Miller Creek Road Project, To Provide Safe and Improved Access Between U.S. 93 and the Miller Creek Area, Missoula County, MT *Summary:* EPA does not object to the proposed project. Dated: April 22, 2008. Robert W. Hargrove, Director, NEPA Compliance Division, Office of Federal Activities. [FR Doc. E8-9074 Filed 4-24-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8556-4; Docket ID No. EPA-HQ-ORD-2007-0664] Integrated Risk Information System (IRIS); Announcement of Availability of Literature Searches for IRIS Assessments AGENCY: Environmental Protection Agency. ACTION: Notice; Announcement of availability of literature searches for IRIS assessments; request for information. SUMMARY: The U.S. Environmental Protection Agency
(EPA)is announcing the availability of literature searches for three IRIS assessments, manganese (CAS No. 7439-9), 1,2,4 trimethylbenzene (CAS No. 95-63-6), and 1,3,5-trimethylhenzene (CAS No. 108-67-8) that may be started in 2008, and requesting scientific information on health effects that may result from exposure to these chemical substances. The Integrated Risk Information System
(IRIS)is an EPA database that contains information on human health effects that may result from chronic exposure to chemical substances in the environment. EPA will accept information related to the specific substances included herein as well as any other compounds being assessed by the IRIS Program. Please submit any information in accordance with the instructions provided below. ADDRESSES: Please submit relevant scientific information, identified by docket ID number EPA-HQ-ORD-2007-0664, online at *http://www.regulations.gov* (EPA's preferred method); by e-mail to *ord.docket@epa.gov* : by mail to the Office of Environmental Information
(OEI)Docket (Mail Code: 2822T), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001 or by hand delivery or courier to EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, excluding legal holidays. Comments on a disk or CD-ROM should be formatted in Word or as an ASCII file, avoiding the use of special characters and any form of encryption, and may be mailed to the mailing address above. FOR FURTHER INFORMATION CONTACT: For information on the IRIS program, contact Dr. Abdel-Razak Kadry, IRIS Program Director, National Center for Environmental Assessment, (Mail Code: 8601D), Office of Research and Development, U.S. Environmental Protection Agency, Washington, DC 20460; telephone:
(703)347-8545; facsimile:
(703)347-8689; or e-mail: *kadry.abdel@epa.gov.* For general questions about access to IRIS, or the content of IRIS, please call the IRIS Hotline at
(202)566-1676 or send electronic mail inquiries to *hotline.iris@epa.gov.* SUPPLEMENTARY INFORMATION: Background IRIS is a database of human health effects that may result from chronic exposure to various chemical substances found in the environment. (EPA notes that information in the IRIS database has no preclusive effect and does not predetermine the outcome of any rulemaking. When EPA uses such information to support a rulemaking, the scientific basis for, and the application of that information are subject to comment.) IRIS currently provides information on the chronic health effects—both cancer and non-cancer—associated with more than 500 chemical substances. The database includes chemical-specific summaries of qualitative and quantitative health information in support of the first two steps of the risk assessment process, *i.e.* , hazard identification and dose-response evaluation. Combined with specific situational exposure assessment information, the information in IRIS is an important source in evaluating potential public health risks from environmental contaminants. The IRIS Annual Agenda The 2008 IRIS agenda was announced in a **Federal Register** Notice
(FRN)of December 21, 2007, which can be found on the IRIS Web site at *http://www.epa.gov/iris.* The December 21, 2007, FRN lists all ongoing IRIS assessments and 20 assessments that may start in 2008. EPA is conducting literature searches for these 20 chemicals. Based on the results of the literature searches and as EPA resources allow, assessments will be started for those chemicals with data that may support development of one or more toxicity values. With the December 21, 2007, IRIS agenda announcement, EPA also started a new process to actively solicit information from the public at the beginning of assessment development. As literature searches are completed, the results will he posted on the IRIS Web site ( *http://www.epa.gov/iris* ). The public is invited to review the literature search results and submit additional information to EPA. In conjunction with the December 21, 2007 FRN, EPA posted literature searches for 11 chemicals and stated that the availability of additional literature searches would be announced in subsequent FRNs. Request for Public Involvement in IRIS Assessments EPA is soliciting public involvement in assessments on the IRIS agenda, including new assessments starting in 2008. While EPA conducts a thorough literature search for each chemical substance, there may be unpublished studies or other primary technical sources that are not available through the open literature. EPA would appreciate receiving scientific information from the public during the information gathering stage for the assessments listed in this notice or any other assessments on the IRIS agenda. Interested persons should provide scientific analyses, studies, and other pertinent scientific information. While EPA is primarily soliciting information on new assessments starting in 2008. the public may submit information on any chemical substance at any time. This notice provides:
(1)A list of new IRIS assessments that may start in 2008 for which literature searches have recently become available; and
(2)instructions to the public for submitting scientific information to EPA pertinent to the development of these assessments. EPA is also announcing the availability of additional literature searches on the IRIS Web site ( *http://www.epa.gov/iris* ). The public is invited to review the literature search results and submit additional information to EPA. Literature searches are now available for manganese (CAS No. 7439-9), 1,2,4 trimethylbenzene (CAS No. 95-63-6), and 1,3,5-trimethylbenzene (CAS No. 108-67-8) at *http://www.epa.gov/iris.* Literature search results were provided on December 21, 2007, at *http://www.epa.gov/iris* for tert-amyl methyl ether, biphenyl, n-butanol, tert-butanol, carbonyl sulfide, diethyl phthalate, diisopropyl ether, hexabrornocyclodecane, weathered toxaphene, tungsten, and urea. Additional literature searches will be posted as they are completed, and their availability will be announced in the **Federal Register** . Instructions on how to submit information are provided below under General Information. General Information As of Monday, November 28, 2005, EPA's EDOCKET was replaced by the Federal Docket Management System (FDMS), the new federal government-wide system. FDMS was created to provide a single point of access to all federal rulemaking activities. All materials previously found in EDOCKET are now available on the Internet at *http://www.regulations.gov.* A. How Can I Get Copies of Related Information? EPA has established an official public docket for this action under Docket ID No. EPA HQ-ORD-2007-0664. The official public docket is the collection of materials that is available for public viewing at the Office of Environmental Information
(OEI)Docket in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is
(202)566-1744, and the telephone number for the OEI Docket is
(202)566-1752. An electronic version of the public docket is available through EPA's electronic public docket and comment system. EPA Dockets at *http://www.regulations.gov* may be used to submit or view public submissions, to access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” and then key in the appropriate docket identification number. It is important to note that EPA's policy is that public submissions, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the submission contains copyrighted material, confidential business information (CBI), or other information whose disclosure is restricted by statute. Information claimed as CBI and other information whose disclosure is restricted by statute are not included in the official public docket or in EPA's electronic public docket. EPA's policy is that copyrighted material, including copyrighted material contained in a public comment, will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the EPA Docket Center. B. How and To Whom Do I Submit Information? Information on chemical substances listed in this notice may be submitted as provided in the ADDRESSES section. If you submit electronic information, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your submission and with any disk or CD-ROM you submit. This ensures that you can be identified as the submitter of the information and allows EPA to contact you in case EPA cannot read your information due to technical difficulties or needs further information on the substance of your submission. Any identifying or contact information provided in the body of submitted information will be included as part of the submission information that is placed in the official public docket and made available in EPA's electronic public docket. If EPA cannot read your information due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your information. EPA's preferred method for receiving submissions is via EPA's electronic public docket. The electronic public docket system is an “anonymous access” system, which means EPA will not know your identity, e-mail address, or other contact information unless you provide it in the body of your submission. In contrast to EPA's electronic public docket, EPA's electronic mail (e-mail) system is not an “anonymous access” system. If you send e-mail directly to the docket without going through EPA's electronic public docket, your e-mail address is automatically captured and included as part of the submission that is placed in the official public docket and made available in EPA's electronic public docket. Dated: April 15, 2008. Peter W. Preuss, Director, National Center for Environmental Assessment. [FR Doc. E8-8885 Filed 4-24-08; 8:45 am] BILLING CODE 6560-50-M ENVIRONMENTAL PROTECTION AGENCY [FRL-8558-6] National Advisory Council for Environmental Policy and Technology AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of meeting. SUMMARY: Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a meeting of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. The Council is a panel of individuals who represent diverse interests from academia, industry, non-governmental organizations, and local, state, and tribal governments. The purpose of this meeting is to discuss biofuels, environmental technology, and sustainable water infrastructure. The Council will also be discussing potential projects on environmental information and integrated modeling for integrated environmental decision making, among other issues. A copy of the agenda for the meeting will be posted at *http://www.epa.gov/ocem/nacept/cal-nacept.htm.* DATES: NACEPT will hold a two day open meeting on Wednesday, May 14, 2008, from 8:30 a.m. to 12:30 p.m. and Thursday, May 15, 2008, from 12 p.m. to 2 p.m. ADDRESSES: The meeting will be held at the U.S. EPA's Potomac Yards Conference Center, 2777 Crystal Drive, Arlington, VA 22202. The meeting is open to the public, with limited seating on a first-come, first-served basis. FOR FURTHER INFORMATION CONTACT: Sonia Altieri, Designated Federal Officer, *altieri.sonia@epa.gov* ,
(202)564-0243, U.S. EPA, Office of Cooperative Environmental Management (1601M), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. SUPPLEMENTARY INFORMATION: Requests to make oral comments or to provide written comments to the Council should be sent to Sonia Altieri, Designated Federal Officer, at the contact information above. All requests must be submitted no later than May 8, 2008. *Meeting Access:* For information on access or services for individuals with disabilities, please contact Sonia Altieri at 202-564-0243 or *altieri.sonia@epa.gov.* To request accommodation of a disability, please contact Sonia Altieri, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request. Dated: April 17, 2008. Sonia Altieri, Designated Federal Officer. [FR Doc. E8-9125 Filed 4-24-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2008-0273; FRL-8361-3] Hevea brasiliensis Natural Rubber Latex Adhesives; TSCA Section 21 Petition; Notice of Receipt AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces that EPA has received a petition under section 21 of the Toxic Substances Control Act (TSCA), and requests comments on issues raised by the petition. The petition was received from Michael J. Dochniak on March 6, 2008, and asks EPA “to establish regulations prohibiting the use and distribution in commerce of *Hevea brasiliensis* natural rubber latex adhesives having a total protein content greater than 200 micrograms per dry weight of latex based on the American Society for Testing and Material’s method ASTM D1076-06 (Category 4),” because “implementation of an EPA regulation may affect the incidence and prevalence of latex allergy and allergy-induced autism in neonates.” EPA must either grant or deny a TSCA section 21 petition within 90 days of receipt of the petition, and, will, therefore, respond to this petition by June 3, 2008. DATES: Comments must be received on or before May 12, 2008. ADDRESSES: Submit your comments, identified by docket identification
(ID)number EPA-HQ-OPPT-2008-0273, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Hand Delivery* : OPPT Document Control Office (DCO), EPA East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID Number EPA-HQ-OPPT-2008-0273. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is
(202)564-8930. Such deliveries are only accepted during the DCO’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPPT-2008-0273. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website 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 regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . *Docket* : All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically at *http://www.regulations.gov* , or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The telephone number of the EPA/DC Public Reading Room is
(202)566-1744, and the telephone number for the OPPT Docket is
(202)566-0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an x-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure. FOR FURTHER INFORMATION CONTACT: *For general information contact* : Colby Linter, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)554-1404; e-mail address: *TSCA-Hotline@epa.gov* . *For technical information contact* : Gerry Brown, Chemical Control Division (7405M), Office Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)564-8086; e-mail address: *brown.gerry@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by an action in response to this petition if you manufacture, process, import, or distribute in commerce *Hevea brasiliensis* natural rubber latex adhesives. Potentially affected entities may include, but are not limited to: • NAICS code 325520, Adhesive Manufacturing. • NAICS code 424690, Other Chemical and Allied Products Merchant Wholesalers. This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities that may potentially be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the TSCA section 21 petition on *Hevea brasiliensis* natural rubber latex adhesives. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations
(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background A. What is a TSCA Section 21 Petition? Section 21 of TSCA allows citizens to petition EPA to initiate a proceeding for the issuance, amendment, or repeal of a rule under TSCA section 4, 6, or 8 or an order under TSCA section 5(e) or 6(b)(2). A TSCA section 21 petition must set forth facts that the petitioner believes establish the need for the action requested. EPA is required to grant or deny the petition within 90 days of its filing. If EPA grants the petition, EPA must promptly commence an appropriate proceeding. If EPA denies the petition, EPA must publish its reasons for the denial in the **Federal Register** . Within 60 days of denial or expiration of the 90-day period, if no action is taken, the petitioner may commence a civil action in a U.S. district court to compel initiation of the requested rulemaking proceeding. B. What Action is Requested Under this TSCA Section 21 Petition? On March 6, 2008, Michael J. Dochniak petitioned EPA under TSCA section 21. The petitioner is concerned about risks to human health and the environment from exposure to *Hevea brasiliensis* natural rubber latex adhesives. He is petitioning EPA “to establish regulations prohibiting the use and distribution in commerce of *Hevea brasiliensis* natural rubber latex adhesives having a total protein content greater than 200 micrograms per dry weight of latex based on the American Society for Testing and Material’s method ASTM D1076-06 (Category 4),” because “implementation of an EPA regulation may affect the incidence and prevalence of latex allergy and allergy-induced autism in neonates.” C. EPA Seeks Public Comment Under TSCA section 21, EPA must either grant or deny a petition within 90 days. Because the 90 day response date is June 3, 2008, EPA will allow the public until May 12, 2008 to reply with any additional information relevant to the issues identified in the petition, a copy of which can be obtained from the public docket (see ADDRESSES ). In assessing the usability of any data or information that may be submitted, EPA plans to follow the guidelines in EPA’s “A Summary of General Assessment Factors for Evaluating the Quality of Scientific and Technical Information” (EPA 100B-03/001), referred to as the “Assessment Factors Document.” The Assessment Factors Document was published in the **Federal Register** issue of July 1, 2003 (68 FR 39086) (FRL-7520-2) and is available on-line at *http://www.epa.gov/fedrgstr/EPA-GENERAL/2003/July/Day-01/g16328.htm* . That document is also available on-line at *http://www.epa.gov/osa/spc/assess.htm* . List of Subjects Environmental protection, antigenic proteins, Asperger syndrome, Autism, *Hevea brasiliensis* natural rubber latex adhesives. Dated: April 18, 2008. James Jones, Acting Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. [FR Doc. E8-9041 Filed 4-24-08; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2008-0267; FRL-8362-6] Formaldehyde Emissions from Composite Wood Products; TSCA Section 21 Petition; Notice of Receipt AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces that EPA has received a petition under section 21 of the Toxic Substances Control Act (TSCA), and requests comments on issues raised by the petition. The petition was received on March 24, 2008, from 25 organizations and approximately 5,000 individuals. The petitioners are concerned about risks to human health and the environment from exposure to formaldehyde in composite wood products, including hardwood plywood, particle board, and medium density fiberboard. They are petitioning EPA to assess and reduce these risks by exercising its authority under TSCA section 6(a) to: Adopt and apply nationally the formaldehyde emissions regulation for composite wood products recently approved by the California Air Resources Board; and to extend the regulation to include composite wood products used in manufactured homes. EPA must either grant or deny a TSCA section 21 petition within 90 days of receipt of the petition, which for this petition is June 21, 2008. DATES: Comments must be received on or before May 12, 2008. ADDRESSES: Submit your comments, identified by docket identification
(ID)number EPA-HQ-OPPT-2008-0267, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Hand Delivery* : OPPT Document Control Office (DCO), EPA East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID Number EPA-HQ-OPPT-2008-0267. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is
(202)564-8930. Such deliveries are only accepted during the DCO’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPPT-2008-0267. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website 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 regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . *Docket* : All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically at *http://www.regulations.gov* , or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The telephone number of the EPA/DC Public Reading Room is
(202)566-1744, and the telephone number for the OPPT Docket is
(202)566-0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an x-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure. FOR FURTHER INFORMATION CONTACT: *For general information contact* : Colby Linter, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)554-1404; e-mail address: *TSCA-Hotline@epa.gov* . *For technical information contact* : Mary Belefski, Office of Science Coordination and Policy (7201M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)564-8461; e-mail address: *belefski.mary @epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by an action in response to this petition, if you manufacture, process, import, or distribute in commerce composite wood products, including hardwood plywood, particle board, and medium density fiberboard. Potentially affected entities may include, but are not limited to: • Veneer, plywood, and engineered wood product manufacturing (NAICS code 3212). • Manufactured home (mobile home) manufacturing (NAICS code 321991). • Prefabricated wood building manufacturing (NAICS code 321992). • All other basic organic chemical manufacturing (NAICS code 325199), e.g., formaldehyde manufacturing. • Furniture and related product manufacturing (NAICS code 337). • Furniture merchant wholesalers (NAICS code 42321). • Lumber, plywood, millwork, and wood panel merchant wholesalers (NAICS code 42331). • Other construction material merchant wholesalers (NAICS code 423390), e.g., merchant wholesale distributors of manufactured homes (i.e., mobile homes) and/or prefabricated buildings. • Furniture stores (NAICS code 4421). • Building material and supplies dealers (NAICS code 4441). • Manufactured (mobile) home dealers (NAICS code 45393). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities that may potentially be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the TSCA section 21 petition. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations
(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background A. What is a TSCA Section 21 Petition? Section 21 of TSCA allows citizens to petition EPA to initiate a proceeding for the issuance, amendment, or repeal of a rule under TSCA section 4, 6, or 8 or an order under TSCA section 5(e) or 6(b)(2). A TSCA section 21 petition must set forth facts that the petitioner believes establish the need for the action requested. EPA is required to grant or deny the petition within 90 days of its filing. If EPA grants the petition, EPA must promptly commence an appropriate proceeding. If EPA denies the petition, EPA must publish its reasons for the denial in the **Federal Register** . Within 60 days of denial or expiration of the 90-day period, if no action is taken, the petitioner may commence a civil action in a U.S. district court to compel initiation of the requested rulemaking proceeding. B. What Action is Requested Under this TSCA Section 21 Petition? On March 24, 2008, the Sierra Club, National Center for Healthy Housing, National Coalition to End Childhood Lead Poisoning, Alliance for Healthy Homes, National Housing Institute, Healthy Building Network, Gulf Coast Environmental Restoration Task Force of Sierra Club, Next Generation Choices Foundation, Improving Kids’ Environment, EarthRose Institute, Grassroots Environmental Education, Healthy Homes of Louisiana, Lower Mississippi Riverkeeper, Women's Community Cancer Project, Gulf Coast D'Iberville Volunteers Foundation, Advocates for Environmental Human Rights, Environmental Health Watch, North Gulfport Community Land Trust, Louisiana Environmental Action Network, Allergy and Environmental Health Assoc., Aspen River Construction, DeVany Industrial Consultant, Protect Sacred Sites “Indigenous People, One Nation,” United People of the Cherokee Nation, Clean Air Athens, and approximately 5,000 individuals petitioned EPA under TSCA section 21. The petitioners are concerned about risks to human health and the environment from exposure to formaldehyde emitted from composite wood products, including hardwood plywood, particle board, and medium density fiberboard. They are petitioning EPA to assess and reduce these risks by exercising its authority under TSCA section 6(a) to: 1. Adopt and apply nationally the formaldehyde emissions regulation for composite wood products, including hardwood plywood, particle board, and medium density fiberboard, recently adopted by the California Air Resources Board. 2. Extend the regulation to include composite wood products used in manufactured homes. C. EPA Seeks Public Comment Under TSCA section 21, EPA must either grant or deny a petition within 90 days. Because the 90-day response date is June 21, 2008, EPA will allow the public until May 12, 2008 to reply with any additional information relevant to the issues identified in the petition, a copy of which can be obtained from the public docket (see ADDRESSES ). While EPA is interested in any information relevant to the issues identified in the petition, EPA is particularly interested in comments that address any of the following questions: 1 *. Present domestic composite wood market* . What percentage (by volume of product) of the domestic hardwood plywood, particle board, and medium density fiberboard (“composite wood”) markets, exclusive of California, presently conform to the Phase 1 or Phase 2 emissions limits in the California Air Toxic Control Measure
(ATCM)for formaldehyde in composite wood products? For information on the California ATCM see *http://www.arb.ca.gov/toxics/compwood/compwood.htm* . 2. *Future domestic composite wood market* —i. What percentage (by volume of product) of the domestic composite wood market, exclusive of California, anticipates conforming to the California ATCM in the future? ii. How is this likely to vary by region of the country, as compared to the national market? 3. *Formaldehyde emitting substitutes* —i. What low or no formaldehyde emitting substitutes exist? ii. What percentage of the composite wood market uses them? iii. What percentage of the national composite wood market, exclusive of California, is expected to use them after 2012 (when California’s Phase 2 emission limits have become effective)? 4. *Composite wood products used in manufactured housing* . While the California regulation does not apply to manufactured housing, the petitioners have asked EPA to apply the California regulation “to composite wood products used in manufactured housing”: i. What percentage of the composite wood market is used in manufactured housing? ii. How are the composite wood products used in manufactured housing different from composite wood products subject to the California regulation? iii. What is the annual volume of composite wood products used in manufactured housing? iv. What percentage of composite wood products (by volume of product) is used in manufactured housing and is therefore not subject to the California regulations? v. What percentage of composite wood products used for manufactured housing and not subject to California’s regulations nonetheless meets the California emission limits? In assessing the usability of any data or information that may be submitted, EPA plans to follow the guidelines in EPA’s “A Summary of General Assessment Factors for Evaluating the Quality of Scientific and Technical Information” (EPA 100B-03/001), referred to as the “Assessment Factors Document.” The “Assessment Factors Document” was published in the **Federal Register** issue of July 1, 2003 (68 FR 39086) (FRL-7520-2) and is available on-line at *http://www.epa.gov/fedrgstr/EPA-GENERAL/2003/July/Day-01/g16328.htm* . That document is also available on-line at *http://www.epa.gov/osa/spc/assess.htm* . List of Subjects Environmental protection, Composite wood products, Formaldehyde, Housing, Toxic Substance Control Act (TSCA). Dated: April 21, 2008. James B. Gulliford, Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. [FR Doc. E8-9136 Filed 4-24-08; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [Docket# EPA-RO4-SFUND-2008-0305; FRL-8558-3] Smalley-Piper Superfund Site; Collierville, Shelby County, TN; Notice of Settlement AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of settlement. SUMMARY: Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement for reimbursement of past response costs concerning the Smalley-Piper Superfund Site located in Collierville, Shelby County, Tennessee for publication. DATES: The Agency will consider public comments on the settlement until May 27, 2008. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. ADDRESSES: Copies of the settlement are available from Ms. Paula V. Batchelor. Submit your comments, identified by Docket ID No. EPA-RO4-SFUND-2008-0305 or Site name Smalley-Piper Superfund Site by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: Batchelor.Paula@epa.gov.* • *Fax:* 404-562-8842/Attn: Paula V. Batchelor. • *Mail:* Ms. Paula V. Batchelor, U.S. EPA Region 4, SD-SEIMB, 61 Forsyth Street, SW., Atlanta, Georgia 30303. “In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St., NW., Washington, DC 20503.” *Instructions:* Direct your comments to Docket ID No. EPA-RO4-SFUND-2008-0305. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://epa.gov/epahome/dockets.htm.* *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the U.S. EPA Region 4 office located at 61 Forsyth Street, SW., Atlanta, Georgia 30303. Regional office is open from 7 a.m. until 6:30 p.m. Monday through Friday, excluding legal holidays. Written comments may be submitted to Ms. Batchelor within 30 calendar days of the date of this publication. FOR FURTHER INFORMATION CONTACT: Paula V. Batchelor at 404-562-8887. Dated: March 8, 2008. Anita L. Davis, Chief, Superfund Enforcement & Information Management Branch, Superfund Division. [FR Doc. E8-9129 Filed 4-24-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8558-2; Docket ID No. EPA-HQ-ORD-2008-0245] Draft Toxicological Review of Ethylene Glycol mono-Butyl Ether (EGBE): In Support of the Summary Information in the Integrated Risk Information System
(IRIS)AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of public comment period. SUMMARY: The EPA is announcing a public comment period for the external review draft document entitled, “Toxicological Review of Ethylene Glycol mono-Butyl Ether (EGBE): In Support of Summary Information on the Integrated Risk Information System (IRIS)” (EPA/635/R-08/006A). EPA intends to consider comments and recommendations from the public and the expert panel meeting, which will be scheduled at a later date and announced in the **Federal Register** , when EPA finalizes the draft document. The public comment period will provide opportunities for all interested parties to comment on the document. EPA intends to forward public comments, submitted in accordance with this notice, to the external peer-review panel prior to the workshop for their consideration. EPA is releasing this draft document solely for the purpose of pre-dissemination public review under applicable information quality guidelines. This document has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. The draft document is available via the Internet on NCEA's home page under the Recent Additions and the Data and Publications menus at *http://www.epa.gov/ncea* . When finalizing the draft document, EPA intends to consider any public comments that EPA receives in accordance with this notice. DATES: The public comment period begins April 25, 2008, and ends June 24, 2008. Technical comments should be in writing and must be received by EPA by June 24, 2008. EPA intends to submit comments from the public received by this date for consideration by the external peer-review panel. ADDRESSES: The draft “Toxicological Review of Ethylene Glycol mono-Butyl Ether (EGBE): In Support of the Summary Information on the Integrated Risk Information System (IRIS)” is available via the Internet on the National Center for Environmental Assessment's
(NCEA)home page under the Recent Additions and the Data and Publications menus at *http://www.epa.gov/ncea* . A limited number of paper copies are available by contacting the Information Management Team, NCEA; telephone: 703-347-8561; facsimile: 703-347-8691. If you are requesting a paper copy, please provide your name, mailing address, and the document title. Comments may be submitted electronically via *www.regulations.gov* , by mail, by facsimile, or by hand delivery/courier. Please follow the detailed instructions as provided in the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: For information on the public comment period, contact the Office of Environmental Information Docket; telephone: 202-566-1752; facsimile: 202-566-1753; or e-mail: *ORD.Docket@epa.gov* . If you have questions about the document, contact, Angela Howard, Chemical Manager, National Center for Environmental Assessment; telephone:
(919)541-5133; facsimile:
(919)541-0248; e-mail: *howard.angela@epa.gov* . SUPPLEMENTARY INFORMATION: I. Summary of Information about the Integrated Risk Information System
(IRIS)IRIS is a database that contains potential adverse human health effects information that may result from chronic (or lifetime) exposure to specific chemical substances found in the environment. The database (available on the Internet at *http://www.epa.gov/iris* ) contains qualitative and quantitative health effects information for more than 500 chemical substances that may be used to support the first two steps (hazard identification and dose-response evaluation) of a risk assessment process. When supported by available data, the database provides oral reference doses
(RfDs)and inhalation reference concentrations
(RfCs)for chronic health effects, and oral slope factors and inhalation unit risks for carcinogenic effects. Combined with specific exposure information, government and private entities can use IRIS data to help characterize public health risks of chemical substances in a site-specific situation and thereby support risk management decisions designed to protect public health. II. How to Submit Technical Comments to the Docket at http://www.regulations.gov Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2008-0245 by one of the following methods: • *http://www.regulations.gov* : Follow the on-line instructions for submitting comments. • *E-mail: ORD.Docket@epa.gov.* • *Fax:* 202-566-1753. • *Mail:* Office of Environmental Information
(OEI)Docket (Mail Code: 2822T), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. The phone number is 202-566-1752. • *Hand Delivery:* The OEI Docket is located in the EPA Headquarters Docket Center, EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is 202-566-1744. Such deliveries are only accepted during the docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. If you provide comments by mail or hand delivery, please submit one unbound original with pages numbered consecutively, and three copies of the comments. For attachments, provide an index, number pages consecutively with the comments, and submit an unbound original and three copies. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-ORD-2008-0245. Please ensure that your comments are submitted within the specified comment period. Comments received after the closing date will be marked “late,” and may only be considered if time permits. It is EPA's policy to include all comments it receives in the public docket without change and to make the comments available online at *http://www.regulations.gov,* including any personal information provided, unless a comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov,* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the OEI Docket in the EPA Headquarters Docket Center. Dated: April 16, 2008. Peter W. Preuss, Director, National Center for Environmental Assessment. [FR Doc. E8-9088 Filed 4-24-08; 8:45 am] BILLING CODE 6560-50-P FEDERAL MARITIME COMMISSION Notice of Agreement Filed The Commission hereby gives notice of the filing of the following agreement under the Shipping Act of 1984. Interested parties may submit comments on agreements to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the **Federal Register** . Copies of agreements are available through the Commission's Office of Agreements (202-523-5793 or *tradeanalysis@fmc.gov* ). *Agreement No.:* 011117-045. *Title:* United States/Australasia Discussion Agreement. *Parties:* A.P. Moller-Maersk A/S; ANL Singapore Pte Ltd.; CMA-CGM, S.A.; Compagnie Maritime Marfret S.A.; Hamburg-Süd; Hapag-Lloyd AG; U.S. Lines Limited; and Wallenius Wilhelmsen Logistics AS. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M Street, NW.; Suite 900; Washington, DC 20036. *Synopsis:* The amendment deletes U.S. Lines Limited as a party to the agreement, reflecting the merger with ANL Singapore Pte Ltd. By Order of the Federal Maritime Commission. Karen V. Gregory, Assistant Secretary. [FR Doc. E8-9121 Filed 4-24-08; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than May 22, 2008. **A. Federal Reserve Bank of Boston** (Richard Walker, Community Affairs Officer) P.O. Box 55882, Boston, Massachusetts 02106-2204: *1. ESB Bancorp, MHC and ESB Bancorp, Inc., both of Easthampton, Massachusetts;* to become a mutual bank holding company and stock bank holding company respectively, by acquiring 100 percent of the voting shares of Easthampton Saving Bank, Easthampton, Massachusetts. **B. Federal Reserve Bank of Chicago** (Burl Thornton, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. Lake Shore Wisconsin Corporation, Sheboygan, Wisconsin;* to become a bank holding company by acquiring 100 percent of the voting shares of Lake Shore Bank, (in organization) Sheboygan, Wisconsin. **C. Federal Reserve Bank of San Francisco** (Tracy Basinger, Director, Regional and Community Bank Group) 101 Market Street, San Francisco, California 94105-1579: *1. La Jolla Pacific Bancorp, San Diego, California;* to become a bank holding company by acquiring 100 percent of the voting shares of Home Bank of California, San Diego, California. Board of Governors of the Federal Reserve System, April 22, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-9052 Filed 4-24-08; 8:45 am] BILLING CODE 6210-01-S GENERAL SERVICES ADMINISTRATION Multiple Award Schedule Advisory Panel; Notification of Public Advisory Panel Meetings; Correction AGENCY: U.S. General Services Administration (GSA). ACTION: Correction. SUMMARY: In the meeting notice that published in the issue of Wednesday, April 16, 2008 (73 FR 20675), the telephone number for Ms. Pat Brooks in FOR FURTHER INFORMATION CONTACT should read as set forth below. FOR FURTHER INFORMATION CONTACT: Information on the Panel meetings, agendas, and other information can be obtained at *http://www.gsa.gov/masadvisorypanel* or you may contact Ms. Pat Brooks, Designated Federal Officer, Multiple Award Schedule Advisory Panel, U.S. General Services Administration, 2011 Crystal Drive, Suite 911, Arlington, VA 22205; telephone 703 605-3406, Fax 703 605-3454; or via e-mail at *mas.advisorypanel@gsa.gov.* Dated: April 18, 2008. Diedra Wingate, Federal Register Liaison. [FR Doc. E8-8897 Filed 4-24-08; 8:45 am] BILLING CODE 6820-EP-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov* . ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also includes the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/GOV-8 System Name: Excluded Parties List System (EPLS). System Location: The General Services Administration's
(GSA)Office of the Chief Acquisition Officer
(OCAO)is the owner of the system. The system of records is maintained by a contractor. Contact the system manager for additional information. Categories of Individuals Covered by the System: a. Individuals excluded or disqualified under a Federal agency's codification of the Common Rules on Nonprocurement suspension and debarment, or otherwise declared ineligible from receiving certain Federal assistance and/or benefits. b. Individuals debarred, suspended, proposed for debarment, or otherwise declared ineligible from participating in Federal procurement programs. c. Individuals barred or suspended from acting as sureties for bid and performance bond activity in procurement programs. d. Individuals barred from entering the United States. e. Individuals that may be subject to sanctions pursuant to 31 CFR Parts 500-599 and subparts there under. Categories of Records in the System: Information entered by Federal agencies that identifies excluded individuals and the applicable authority, in the form of cause and treatment
(CT)codes, under which the exclusion was made. Authorities For Maintenance of the System: The authorities for maintaining the system are the Federal Acquisition Regulation Subparts 9.4 and 28.2; Executive Order 12549 (February 18, 1986); Executive Order 12689 (August 16, 1989); and 31 U.S.C. Sec. 6101, note. Purpose: To maintain a Governmentwide system of records that identifies individuals who have been excluded from participating in Federal procurement and nonprocurement (financial or non-financial assistance and benefits programs), throughout the Federal government. In some instances a record may demonstrate that an exclusion applies only to the agency taking the action, and therefore, does not have Governmentwide effect. The purpose of these exclusions is to protect the Government from nonresponsible contractors and individuals, ensure proper management throughout the Federal government, and protect the integrity of Federal activities. Routine Uses of Records in the System, Including the Types of Users and Their Purposes for Using the Records: a. To contracting officers and other Federal, State, and local government employees involved in procuring goods and services with Federal funds or administering Federal financial assistance programs or benefits to determine a party's eligibility status to participate in Federal procurement and nonprocurement programs. b. To a Federal, State, local, or foreign agency responsible for investigating, prosecuting, enforcing, or carrying out a statute, rule, regulation, or order where the records clearly indicate, or when seen with other records indicate, a violation of civil or criminal law or regulation, when the information is needed to perform a Federal duty or to decide the issues. c. To a Federal, State or local agency, financial institution or a healthcare or industry provider that administers Federal financial or non-financial assistance programs or benefits, when the information is needed to determine eligibility. d. To an expert, consultant, contractor, Federal, State or local agency, or financial institution, when the information is needed to perform a Federal duty. e. To an appeal, grievance, or formal complaints examiner, an equal employment opportunity investigator, an arbitrator, a union representative, or other official engaged in investigating or settling a grievance, complaint, or appeal filed by an employee, when the information is needed to decide the issues. f. To a requesting Federal, State or local agency, financial institution, or a healthcare or industry provider in connection with hiring or retaining an employee, issuing a security clearance, investigating an employee, clarifying a job, letting a contract, or issuing a license, grant, or other benefit by the requesting agency where the information is needed to decide on a Federal financial or non-financial assistance program or benefit. g. To a member of Congress or to a congressional staff member in response to a request from the person who is the subject of the record, when the information is needed to perform a Federal duty. h. To the Department of Justice when an agency, an agency employee, or the United States is a party to or has an interest in litigation, and the records are needed to pursue the litigation. i. To a court or judicial body when an agency, an agency employee, or the United States is a party to or has an interest in litigation, and the records are needed to pursue the litigation. j. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), the Government Accountability Office
(GAO)or the Interagency Suspension and Debarment Committee
(ISDC)when the information is required for program evaluation purposes. k. To the National Archives and Records Administration
(NARA)for records management purposes. l. To appropriate agencies, entities, and persons when
(1)The Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. Policies and Practices for Storing, Accessing, Retrieving, Maintaining, and Disposing of Records in the System: Storage: Electronic records are stored on readily accessible servers and backed up to tape media. Paper records are stored in file folders. Retrievability: Electronic records are retrieved by Exact Name, Partial Name, Action Dates, Termination Dates, Create Dates, Data Universal Numbering System (DUNS), Classification, Exclusion Type, CT Code, Agency, U.S. State, Country, Cage Code, verification of Name with the Social Security Number
(SSN)or the Tax Identification Number (TIN), and verification of Name with residential street address. Safeguards: System records are safeguarded in accordance with the requirements of the Privacy Act of 1974, as amended, the Computer Security Enhancement Act of 1997, and the EPLS Security Plan. Technical, administrative, and personnel security measures are implemented to ensure confidentiality and integrity of the system data that is stored, processed, and transmitted. Paper records are stored in locked filing cabinets when not in use or are kept in secured rooms, accessible to authorized users only. The Debar Maintenance and Administration portals are ID and password protected. The public portal does not require ID and passwords because privacy protected information is not available on the public site. Retention and Disposal: Electronic records of past exclusions are maintained permanently in the archive list for historical reference. Federal agencies reporting exclusion information in the EPLS should follow their agency's guidance and policies for disposition of paper records. SYSTEM MANAGER(S) AND ADDRESS: Integrated Acquisition Environment Program Manager, Office of the Chief Acquisition Officer, General Services Administration, 2011 Crystal Drive, Suite 911, Arlington, VA 22202. Notification Procedure: Individuals receive prior notification that their names will be contained in the EPLS from the Agency that takes the action to exclude them from Federal procurement and nonprocurement programs. An individual may retrieve system records by accessing the EPLS public portal, which displays publicly available information only. Record Access Procedure: Requests from individuals to determine the specifics of a record included in the EPLS should be addressed to the Agency Point of Contact
(POC)identified in the record. Contesting Record Procedure: The procedures for contesting the content of a record and appealing an initial decision may be found in 41 CFR Part 105-64. Individuals should contact the Agency Point of Contact
(POC)identified in the record to commence a record contest or appeal. Record Sources: Federal agencies are the source for entering record information in the EPLS. [FR Doc. E8-8882 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/GOVT-6 SYSTEM NAME: GSA SmartPay Purchase Charge Card Program. System Location: System records are located at the Federal agency for which an individual is authorized to perform purchase charge card transactions. Records necessary for a contractor to perform under a Federal agency contract are located at the contractor's facility. Contact the System Manager for additional information. Categories of INDIVIDUALS COVERED BY THE SYSTEM: Individuals covered by the system are Federal employees, contractors, and other individuals who apply for and/or use Government-assigned purchase charge cards. CATEGORIES of RECORDS in the SYSTEM: The system provides control over expenditure of funds through the use of Federal Government purchase cards. System records include: a. Personal information on individuals who apply for and use Federal Government charge cards, including name, Social Security Number, agency of employment, business address (including city, state, country, and zip code), title or position, business telephone, business fax number, and e-mail address. b. Account processing and management information, including purchase authorizations and vouchers, charge card applications, charge card receipts, terms and conditions for card use, charge card transactions, contractor monthly reports showing charges to individual account numbers, account balances, and other data needed to authorize, account for, and pay authorized purchase card expenses. AUTHORITIES FOR MAINTENANCE OF THE SYSTEM: E.O. 9397; E.O. 12931; 40 U.S.C. Sec. 501-502. PURPOSE: To establish and maintain a system for operating, controlling, and managing a purchase charge card program involving commercial purchases by authorized Federal Government employees and contractors. ROUTINE USES OF THE SYSTEM RECORDS, INCLUDING CATEGORIES OF USERS AND THEIR PURPOSE FOR USING THE SYSTEM: System information may be accessed and used by authorized Federal agency employees or contractors to conduct official duties associated with the management and operation of the purchase charge card program. Information from this system also may be disclosed as a routine use: a. To a Federal, State, local, or foreign agency responsible for investigating, prosecuting, enforcing, or carrying out a statute, rule, regulation, or order, where an agency becomes aware of a violation or potential violation of civil or criminal law or regulation. b. To an appeal, grievance, or formal complaints examiner; equal employment opportunity investigator; arbitrator; or other official engaged in investigating, or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. c. To officials of labor organizations recognized under Public Law 95-454, when necessary to their duties of exclusive representation on personnel policies, practices, and matters affecting working conditions. d. To another Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; clarifying a job; the letting of a contract; or the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. e. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), the Government Accountability Office
(GAO)or other Federal agency when the information is required for program evaluation purposes. f. To a Member of Congress or staff on behalf of and at the request of the individual who is the subject of the record. g. To the National Archives and Records Administration
(NARA)for records management purposes. h. To an expert, consultant, or contractor in the performance of a Federal duty to which the information is relevant, including issuance of charge cards. i. To GSA in the form of listings, reports, and records of all transportation related transactions, including refunds and adjustments, by the contractor to enable audits of transportation related charges to the Government. j. To GSA contract agents assigned to participating agencies for billing of purchase expenses. k. To agency finance offices for debt collection purposes. l. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF SYSTEM RECORDS: STORAGE: Information may be collected on paper or electronically and may be stored on paper or on electronic media, as appropriate. RETRIEVABILITY: Records may be retrieved by name, Social Security Number, credit card number, and/or other personal identifier or appropriate type of designation. SAFEGUARDS: System records are safeguarded in accordance with the requirements of the Privacy Act, the Computer Security Act, and OMB Circular A-130. Technical, administrative, and personnel security measures are implemented to ensure confidentiality and integrity of the system data stored, processed, and transmitted. Paper records are stored in secure cabinets or rooms. Electronic records are protected by passwords and other appropriate security measures. RETENTION AND DISPOSAL: Disposition of records is according to the National Archives and Records Administration
(NARA)guidelines, as set forth in the handbook, GSA Records Maintenance and Disposition System (OAD P 1820.2A and CIO P 1820.1), authorized GSA records schedules, and by individual agencies. SYSTEM MANAGER AND ADDRESS: Director, Office of Commercial Acquisition (FC), General Services Administration, 1901 South Bell Street, Arlington VA 22202. Also, officials responsible for individual agency purchase card programs using the SmartPay system. NOTIFICATION PROCEDURE: Individuals may obtain information about their records from the purchase charge card program manager of the agency for which they transact purchases. RECORD ACCESS PROCEDURES: Requests from individuals for access to their records should be addressed to their agency's purchase charge card program manager or to the finance office of the agency for which the individual transacts purchases. CONTESTING RECORD PROCEDURES: Individuals may access their records, contest the contents, and appeal determinations according to their agency's rules. RECORD SOURCE CATEGORIES: Information is obtained from individuals submitting charge card applications, monthly contractor reports, purchase records, managers, other agencies, non-Federal sources such as private firms, and other agency systems containing information pertaining to the purchase charge card program. [FR Doc. E8-8883 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: Telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov* . ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/GOVT-7 SYSTEM NAME: Personal Identity Verification Identity Management System (PIV IDMS). SECURITY CLASSIFICATION: Sensitive but unclassified. SYSTEM LOCATION: Records covered by this system are maintained by a contractor at the contractor's site. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: The PIV IDMS records will cover all participating agency employees, contractors and their employees, consultants, and volunteers who require routine, long-term access to federal facilities, information technology systems, and networks. The system also includes individuals authorized to perform or use services provided in agency facilities (e.g., Credit Union, Fitness Center, etc.). At their discretion, participating Federal agencies may include short-term employees and contractors in the PIV program and, therefore, inclusion in the PIV IDMS. Federal agencies shall make risk-based decisions to determine whether to issue PIV cards and require prerequisite background checks for short-term employees and contractors. The system does not apply to occasional visitors or short-term guests. GSA and participating agencies will issue temporary identification and credentials for this purpose. CATEGORIES OF RECORDS IN THE SYSTEM: Enrollment records maintained in the PIV IDMS on individuals applying for the PIV program and a PIV credential through the GSA HSPD-12 managed service include the following data fields: Full name; Social Security Number; Applicant ID number, date of birth; current address; digital color photograph; fingerprints; biometric template (two fingerprints); organization/office of assignment; employee affiliation; work e-mail address; work telephone number(s); office address; copies of identity source documents; employee status; military status; foreign national status; federal emergency response official status; law enforcement official status; results of background check; Government agency code; and PIV card issuance location. Records in the PIV IDMS needed for credential management for enrolled individuals in the PIV program include: PIV card serial number; digital certificate(s) serial number; PIV card issuance and expiration dates; PIV card PIN; Cardholder Unique Identifier (CHUID); and card management keys. Agencies may also choose to collect the following data at PIV enrollment which would also be maintained in the PIV IDMS: Physical characteristics (e.g., height, weight, and eye and hair color). Individuals enrolled in the PIV managed service will be issued a PIV card. The PIV card contains the following mandatory visual personally identifiable information: Name, photograph, employee affiliation, organizational affiliation, PIV card expiration date, agency card serial number, and color-coding for employee affiliation. Agencies may choose to have the following optional personally identifiable information printed on the card: Cardholder physical characteristics (height, weight, and eye and hair color). The card also contains an integrated circuit chip which is encoded with the following mandatory data elements which comprise the standard data model for PIV logical credentials: PIV card PIN, cardholder unique identifier (CHUID), PIV authentication digital certificate, and two fingerprint biometric templates. The PIV data model may be optionally extended by agencies to include the following logical credentials: Digital certificate for digital signature, digital certificate for key management, card authentication keys, and card management system keys. All PIV logical credentials can only be read by machine. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 301; Federal Information Security Management Act (Pub. L. 107-296, Sec. 3544); E-Government Act (Pub. L. 107-347, Sec. 203); Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et al.) and Government Paperwork Elimination Act (Pub. L. 105-277, 44 U.S.C. 3504); Homeland Security Presidential Directive 12 (HSPD-12), Policy for a Common Identification Standard for Federal Employees and Contractors, August 27, 2004; Federal Property and Administrative Services Act of 1949, as amended. PURPOSES: The primary purposes of the system are: To ensure the safety and security of Federal facilities, systems, or information, and of facility occupants and users; to provide for interoperability and trust in allowing physical access to individuals entering Federal facilities; and to allow logical access to Federal information systems, networks, and resources on a government-wide basis. 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. Section 552a(b) of the Privacy Act, all or a portion of the records or information contained in this system may be disclosed outside GSA as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: a. To the Department of Justice
(DOJ)when:
(1)The agency or any component thereof; or
(2)any employee of the agency in his or her official capacity;
(3)any employee of the agency in his or her individual capacity where agency or the Department of Justice has agreed to represent the employee; or
(4)the United States Government is a party to litigation or has an interest in such litigation, and by careful review, the agency determines that the records are both relevant and necessary to the litigation and the use of such records by DOJ and is therefore deemed by the agency to be for a purpose compatible with the purpose for which the agency collected the records. b. To a court or adjudicative body in a proceeding when:
(1)The agency or any component thereof;
(2)any employee of the agency in his or her official capacity;
(3)any employee of the agency in his or her individual capacity where the agency or the Department of Justice has agreed to represent the employee; or
(4)the United States Government is a party to litigation or has an interest in such litigation, and by careful review, the agency determines that the records are both relevant and necessary to the litigation and the use of such records and is therefore deemed by the agency to be for a purpose that is compatible with the purpose for which the agency collected the records. c. Except as noted on Forms SF 85, SF 85-P, and SF 86, when a record on its face, or in conjunction with other records, indicates a violation or potential violation of law, whether civil, criminal, or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule, or order issued pursuant thereto, disclosure may be made to the appropriate public authority, whether Federal, foreign, State, local, or tribal, or otherwise, responsible for enforcing, investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation, or order issued pursuant thereto, if the information disclosed is relevant to any enforcement, regulatory, investigative or prosecutorial responsibility of the receiving entity. d. To a Member of Congress or to a Congressional staff member in response to an inquiry of the Congressional office made at the written request of the constituent about whom the record is maintained. e. To the National Archives and Records Administration
(NARA)or to the General Services Administration for records management inspections conducted under 44 U.S.C. 2904 and 2906. f. To agency contractors, grantees, or volunteers who have been engaged to assist the agency in the performance of a contract service, grant, cooperative agreement, or other activity related to this system of records and who need to have access to the records in order to perform their activity. Recipients shall be required to comply with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Federal Information Security Management Act (Pub. L. 107-296), and associated OMB policies, standards and guidance from the National Institute of Standards and Technology, and the General Services Administration. g. To a Federal agency, State, local, foreign, or tribal or other public authority, on request, in connection with the hiring or retention of an employee, the issuance or retention of a security clearance, the letting of a contract, or the issuance or retention of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision. h. To the Office of Management and Budget
(OMB)when necessary to the review of private relief legislation pursuant to OMB Circular No. A-19. i. To a Federal, State, or local agency, or other appropriate entities or individuals, or through established liaison channels to selected foreign governments, in order to enable an intelligence agency to carry out its responsibilities under the National Security Act of 1947, as amended; the CIA Act of 1949, as amended; Executive Order 12333 or any successor order; and applicable national security directives, or classified implementing procedures approved by the Attorney General and promulgated pursuant to such statutes, orders, or Directives. j. To designated agency personnel for controlled access to specific records for the purposes of performing authorized audit or authorized oversight and administrative functions. All access is controlled systematically through authentication using PIV credentials based on access and authorization rules for specific audit and administrative functions. k. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), the Government Accountability Office (GAO), or other Federal agency in accordance with the agency's responsibility for evaluation of Federal personnel management. l. To the Federal Bureau of Investigation for the FBI National Criminal History check. m. To a Federal, State, or local agency, or other appropriate entities or individuals, or through established liaison channels to selected foreign governments, in order to enable an intelligence agency to carry out its responsibilities under the National Security Act of 1947 as amended; the CIA Act of 1949 as amended; Executive Order 12333 or any successor order; and applicable national security directives, or classified implementing procedures approved by the Attorney General and promulgated pursuant to such statutes, orders or directives. n. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are stored in electronic media and in paper files. RETRIEVABILITY: Records may be retrieved by name of the individual, Cardholder Unique Identification Number, Applicant ID, Social Security Number, and/or by any other unique individual identifier. SAFEGUARDS: Consistent with the requirements of the Federal Information Security Management Act (Pub. L. 107-296), and associated OMB policies, standards and guidance from the National Institute of Standards and Technology, and the General Services Administration, the GSA HSPD-12 managed service office protects all records from unauthorized access through appropriate administrative, physical, and technical safeguards. Access is restricted on a “need to know” basis, utilization of PIV Card access, secure VPN for Web access, and locks on doors and approved storage containers. Buildings have security guards and secured doors. All entrances are monitored through electronic surveillance equipment. The hosting facility is supported by 24/7 onsite hosting and network monitoring by trained technical staff. Physical security controls include: Indoor and outdoor security monitoring and surveillance; badge and picture ID access screening; biometric access screening. Personally identifiable information is safeguarded and protected in conformance with all Federal statutory and OMB guidance requirements. All access has role-based restrictions, and individuals with access privileges have undergone vetting and suitability screening. All data is encrypted in transit. While it is not contemplated, any system records stored on mobile computers or mobile devices will be encrypted. GSA maintains an audit trail and performs random periodic reviews to identify unauthorized access. Persons given roles in the PIV process must be approved by the Government and complete training specific to their roles to ensure they are knowledgeable about how to protect personally identifiable information. RETENTION AND DISPOSAL: Disposition of records will be according to NARA disposition authority N1-269-06-1 (pending). SYSTEM MANAGER AND ADDRESS: Director, HSPD-12 Managed Service Office, Federal Acquisition Service (FAS), General Services Administration, Suite 911, 2011 Crystal Drive, Arlington, VA 22202. NOTIFICATION PROCEDURE: A request for access to records in this system may be made by writing to the System Manager. When requesting notification of or access to records covered by this Notice, an individual should provide his/her full name, date of birth, agency name, and work location. An individual requesting notification of records in person must provide identity documents sufficient to satisfy the custodian of the records that the requester is entitled to access, such as a government-issued photo ID. RECORD ACCESS PROCEDURES: Same as Notification Procedure above. CONTESTING RECORD PROCEDURES: Same as Notification Procedure above. State clearly and concisely the information being contested, the reasons for contesting it, and the proposed amendment to the information sought. RECORD SOURCE CATEGORIES: Employee, contractor, or applicant; sponsoring agency; former sponsoring agency; other Federal agencies; contract employer; former employer. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E8-8884 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov* . ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also includes the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/GOVT-5 SYSTEM NAME: Access Certificates for Electronic Services (ACES). SYSTEM LOCATION: System records are maintained for the General Services Administration
(GSA)by contractors at various physical locations. A complete list of locations is available from: Administrative Contracting Officer, FEDCAC, Federal Technology Service, General Services Administration, 7th and D Streets, SW., Room 5060, Washington, DC 20407; telephone
(202)708-6099. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals covered are persons who have applied for the issuance of a digital signature certificate under the ACES program; have had their certificates amended, renewed, replaced, suspended, revoked, or denied; have used their certificates to electronically make contact with, retrieve information from, or submit information to an automated information system of a participating agency; have requested access to ACES records under the Freedom of Information Act
(FOIA)or Privacy Act; and have corresponded with GSA or its ACES contractors concerning ACES services. CATEGORIES OF RECORDS IN THE SYSTEM: The system contains information needed to establish and verify the identity of ACES users, to maintain the system, and to establish accountability and audit controls. System records include: a. Applications for the issuance, amendment, renewal, replacement, or revocation of digital signature certificates under the ACES program, including evidence provided by applicants or proof of identity and authority, and sources used to verify an applicant's identify and authority. b. Certificates issued. c. Certificates denied, suspended, and revoked, including reasons for denial, suspension, and revocation. d. A list of currently valid certificates. e. A list of currently invalid certificates. f. A file of individuals requesting access and those granted access to ACES information under FOIA or the Privacy Act. g. A file of individuals requesting access and those granted access for reasons other than FOIA or the Privacy Act. h. A record of validation transactions attempted on digital signature certificates issued by the system. i. A record of validation transactions completed on digital signature certificates issued by the system. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Section 5124(b) of the Clinger-Cohen Act of 1996, 40 U.S.C. 1424, which provides authority for GSA to develop and facilitate governmentwide electronic commerce resources and services, and the Paperwork Reduction Act, 44 U.S.C. 3501, *et. seq* ., which provides authority for GSA to manage Federal information resources. PURPOSE: To establish and maintain an electronic system to facilitate secure, on-line communication between Federal automated information systems and the public, using digital signature technologies to authenticate and verify identity. ROUTINE USES OF THE SYSTEM RECORDS, INCLUDING CATEGORIES OF USERS AND THEIR PURPOSES FOR USING THE SYSTEM: Information from this system may be disclosed as a routine use: a. To GSA ACES program contractors to compile and maintain documentation on applicants for proofing applicants' identity and their authority to access information system applications of participating agencies. b. To GSA ACES program contractors to establish and maintain documentation on information sources for verifying applicants' identities. c. To Federal agencies participating in the ACES program to determine the validity of applicants' digital signature certificates in an on-line, near real time environment. d. To GSA, participating Federal agencies, and ACES contractors, for ensuring proper management, ensuring data accuracy, and evaluation of the system. e. To Federal, State, local or foreign agencies responsible for investigating, prosecuting, enforcing, or carrying out a statute, rule, regulation, or order when GSA becomes aware of a violation or potential violation of civil or criminal law or regulation. f. To a member of Congress or to a congressional staff member in response to a request from the person who is the subject of the record. g. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. h. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. i. To a Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; the letting of a contract; or the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. j. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), or the Government Accountability Office
(GAO)when the information is required for program evaluation purposes. k. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. l. To the National Archives and Records Administration
(NARA)for records management purposes. *Disclosure to consumer reporting agencies* : Disclosure of system records to consumer reporting systems is not permitted. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF SYSTEM RECORDS: STORAGE: All records are stored by GSA ACES contractors or by GSA as hard copy documents and/or on electronic media. RETRIEVABILITY: Records are retrievable by a personal identifier or by other appropriate type of designation approved by GSA and made available to ACES participants at the time of their application for ACES services. SAFEGUARDS: System records are safeguarded in accordance with the requirements of the Privacy Act, the Computer Security Act, and OMB Circular A-130, Appendices I and III. Technical, administrative, and personnel security measures are implemented to ensure confidentiality and integrity of the system data stored, processed, and transmitted. The ACES System Security Plan, approved by GSA for each ACES contractor, provides for inspections, testing, continuity of operations, and technical certification of security safeguards. GSA accredits and annually re-accredits each contractor system prior to its operation. RETENTION AND DISPOSAL: System records are retained and disposed of according to GSA records maintenance and disposition schedules and the requirements of the National Archives and Records Administration. SYSTEM MANAGER AND ADDRESS: Administrative Contracting Officer, FEDCAC, Federal Technology Service, General Services Administration, Room 5060, 7th and D Streets, SW., Washington, DC 20407. NOTIFICATION PROCEDURE: Inquiries from individuals should be addressed to the system manager. Applicants for digital signature certificates will be notified by the GSA ACES contractor which facilitates individual access to the relevant Federal agency database as follows: a. Each applicant will be provided, on a Government-approved form that can be retained by the individual applicant, the principal purposes of the ACES program; the authority for collecting the information; the fact that participation is voluntary; the fact that identity and authority information must be provided and verified before a certificate will be issued; the fact that the information provided is covered by the Privacy Act and the Computer Security Act; the routine uses that will be made of the information being provided; the limitations on the uses of the information being provided; the procedures to be followed for requesting access to the individual's own records; and the possible consequences of failing to provide all or part of the required information or intentionally providing false information. b. Written notification in response to an individual's request to be advised if the system contains a record pertaining to him/her. c. Written notification to an individual when any record on the individual is made available to any person under compulsory legal process when such process becomes a matter of public record. d. Written notification of the right to appeal to GSA by any individual on any dispute concerning the accuracy of his/her record. RECORD ACCESS PROCEDURE: GSA ACES contractors will provide notification of, access to, review of, or copies of an individual's record upon his/her request as required by the Privacy Act. CONTESTING RECORD PROCEDURE: GSA ACES contractors will amend an individual's record upon his/her written request, as required by the Privacy Act and GSA's implementing regulations, 41 CFR part 105-64. If the ACES contractor determines that an amendment is inappropriate, the contractor shall submit the request to the System Manager for a determination by GSA whether to grant or deny the request for amendment and direct response to the requester. RECORD SOURCES CATEGORIES: The sources for information in the system are the individuals who apply for digital signature certificates, GSA ACES contractors using independent sources to verify identities, and internal system transactions designed to gather and maintain data needed to manage and evaluate the ACES program. [FR Doc. E8-8886 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also includes the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/HRO-4 SYSTEM NUMBER: GSA/HRO-4. SYSTEM NAME: Labor-Management Relations Files. SYSTEM LOCATION: The system is in the Office of Human Resources Services at GSA
(CPL)at 18th & F Streets, NW., Washington, DC 20405, and service and staff offices throughout GSA. The Offices are as follows: Central Office, Central Office Human Resources Division (CPL), General Services Administration, 1800 F Street, NW., Washington, DC 20405.
(202)501-0040. National Capital Region, Human Resources Office (WCP), General Services Administration, 7th and D Streets, SW., Washington, DC 20407.
(202)708-5335. New England Region, Human Resources Office (1CP), General Services Administration, 10 Causeway Street, Boston, MA 02222.
(617)565-6634. Northeast and Caribbean Region, Human Resources Office (2AR), General Services Administration, 26 Federal Plaza, New York, NY 10278.
(212)264-8138. Mid-Atlantic Region, Human Resources Office (3CP), General Services Administration, The Strawbridge Building, 20 North Eighth Street, Philadelphia, PA 19107-3191.
(215)446-4951. Southeast Sunbelt Region, Office of Human Resources (4AH), General Services Administration, 77 Forsyth Street, Suite 650, Atlanta, GA 30303.
(404)331-3186. Great Lakes Region, Human Resources Office (5CP), General Services Administration, 230 South Dearborn Street, Chicago, IL 60604.
(312)353-5550. The Heartland Region, Human Resources Office (6CP), General Services Administration, 1500 East Bannister Road, Kansas City, MO 64131.
(816)926-7206. Greater Southwest Region, Human Resources Office (7CP), General Services Administration, 819 Taylor Street, Room 9A00, Forth Worth, TX 76102.
(817)978-3190. Region 8 Human Resource Office (7CP-8), W. 6th Avenue & Kipling Street, Room: 210, Lakewood, CO 80225-0000. Pacific Rim Region, Human Resources Office (9CP), General Services Administration, 450 Golden Gate Avenue, San Francisco, CA 94100.
(415)744-5185. Auburn On-Site Support Group (9CPA), 400 15th Street, SW., Room: 1008, Auburn, WA 98001. PERSONS COVERED BY THE SYSTEM: GSA employees who are union officials or who are in an exclusively recognized union. It includes GSA employees who file a grievance under the negotiated grievance procedure. TYPES OF RECORDS IN THE SYSTEM: Records include: 1. List of employees who are elected or appointed as National union officers or officials. 2. National arbitration awards based on an employee or union grievance. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Authority for maintaining the system comes from 5 U.S.C. Chapter 71. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING TYPES OF USERS AND THEIR PURPOSE IN USING THEM: a. To identify and record employees who are included in an exclusively recognized union, are under dues withholding, are elected or appointed as union officers, whose grievances have been resolved by arbitration, and who use official time for representing employees. b. To the Department of Labor in carrying out its functions regarding labor-management relations in the Federal service. c. To officials of labor organizations recognized under Pub. L. 95-454, when needed for their duties of exclusive representation concerning personnel policies, practices, and matters affecting working conditions. d. In any legal proceeding, where pertinent, to which GSA is a party before a court our administrative body. e. To authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. f. By the Office of Personnel Management in producing descriptive statistics to support the function for which the records are collected and maintained or for related work force studies. While published statistics and studies do not identify individuals, in some instances data elements in a study may be structured so as to allow an individual to be identified by inference. g. To disclose information to the Office of Management and Budget in reviewing private relief legislation at any stage of the clearance process. h. To disclose information to officials of the Merit System Protection Board, including the Office of Special Counsel; the Federal Labor Relations Authority and its General Counsel; or the Equal Employment Opportunity Commission when requested in performing official duties. i. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), or the Government Accountability Office
(GAO)when the information is required for program evaluation purposes. j. To a Member of Congress or staff on behalf of and at the requests of the individual who is the subject of the record. k. To the extent that official personnel records in the custody of GSA are covered within systems of records published by the Office of Personnel Management as Government-wide system, they are considered part of the Government-wide system. Other official personnel records covered by notices published by GSA and considered to be separate systems of records may be transferred to the Office of Personnel Management under official personnel programs and activities as a routine use. l. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. m. To the National Archives and Records Administration
(NARA)for records management purposes. n. To appropriate agencies, entities, and persons when
(1)The Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records and/or system generated inquiries are stored in file cabinets. RETRIEVABILITY: The records are filed numerically and/or alphabetically by name. SAFEGUARDS: When not in use by an authorized person, the records are stored in locked metal file cabinets or in secured rooms. RETENTION AND DISPOSAL: The Office of Human Resources Services disposes of the records as scheduled in the HB, GSA Records Maintenance and Disposition System (OAD P 1820.2A). SYSTEM MANAGER(S) AND ADDRESS: Director, Labor Relations Division (CPL), Office of Human Resources Services, 1800 F Street, NW., Washington, DC 20405. NOTIFICATION PROCEDURE: Current employees may obtain information about whether they are a part of the system by contacting the designated office where the action was processed. RECORD ACCESS PROCEDURES: Requests from current employees to review information about themselves should be directed to the designated office where the action was processed. For the identification required, see 41 CFR part 105-64. PROCEDURE TO CONTEST A RECORD: GSA rules for reviewing a record, contesting the content, and appealing an initial decision are 41 CFR part 105-64. RECORD SOURCES: Officials who manage records pertaining to employees who are union officials or in an exclusively recognized union and employees who have filed a grievance under the negotiated grievance procedure. [FR Doc. E8-8889 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: The General Services Administration
(GSA)reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: Telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also includes the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/ADM-25 SYSTEM NAME: Internal Evaluation Case Files. SYSTEM LOCATION: This system is located in the GSA Office of Inspector General, 1800 F Street, NW., Washington, DC 20405. The database for this system is on a local area network in the GS Building and is operated by the System Development and Support Division of the Office of Inspector General. SYSTEM LOCATION: Individuals covered by the system are employees and former employees of the GSA Office of Inspector General. The system also includes any person who was the source of a complaint or allegation; a witness who has information or evidence on any aspect of an investigation; and any possible or actual suspect in a civil, criminal, or administrative action. CATEGORIES OF RECORDS IN THE SYSTEM: Investigative files containing information such as name, date and place of birth, experience, and investigative material that is used as a basis for taking civil, criminal, and administrative actions. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. App. 3., Section 2 *et seq.* PURPOSE: The system serves as a basis for issuing subpoenas and taking civil, criminal, and administrative actions. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Records are used by GSA officials and representatives of other Government agencies on a need-to-know basis in the performance of their official duties under the authorities set forth above and for the following routine uses. a. A record of any case in which there is an indication of a violation of law, whether civil, criminal, or regulatory in nature, may be disseminated to the appropriate Federal, State, local, or foreign agency charged with the responsibility for investigating or prosecuting such a violation or charged with enforcing or implementing the law. b. A record may be disclosed to a Federal, State, local, or foreign agency or to an individual organization in the course of investigating a potential or actual violation of any law, whether civil, criminal, or regulatory in nature, or during the course of a trial or hearing or the preparing for a trial or hearing for such a violation, if there is reason to believe that such agency, individual, or organization possesses information relating to the investigation, and disclosing the information is reasonably necessary to elicit such information or to obtain the cooperation of a witness or an informant. c. A record relating to a case or matter may be disclosed in an appropriate Federal, State, local, or foreign court or grand jury proceeding in accordance with established constitutional, substantive, or procedural law or practice, even when the agency is not a party to the litigation. d. A record relating to a case or matter may be disclosed to an actual or potential party or to his or her attorney for the purpose of negotiation or discussion on matters such as settlement of the case or matter, plea-bargaining, or informal discovery proceedings. e. A record relating to a case or matter that has been referred by an agency for investigation, prosecution, or enforcement or that involves a case or matter within the jurisdiction of any agency may be disclosed to the agency to notify it of the status of the case or matter or of any decision or determination that has been made or to make such other inquiries and reports as are necessary during the processing of the case or matter. f. A record relating to a case or matter may be disclosed to a foreign country pursuant to an international treaty or convention entered into and ratified by the United States, or to an Executive agreement. g. A record may be disclosed to a Federal, State, local, foreign, or international law enforcement agency to assist in crime prevention and detection or to provide leads for investigation. h. A record may be disclosed to a Federal, State, local, foreign, tribal or other public authority in response to its request in connection with the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuing of a license, grant, or other benefit by the requesting agency, to the extent that the information relates to the requesting agency's decision on the matter. i. A record may be disclosed to the public, news media, trade associations, or organized groups when the purpose is educational or informational, such as describing crime trends or distinctive or unique modus operandi, provided that the record does not identify a specific individual. j. A record may be disclosed to an appeal or grievance examiner, formal complaints examiner, equal opportunity investigator, arbitrator, or other authorized official engaged in investigation or settlement of a grievance, complaint, or appeal filed by an employee. This includes matters and investigations involving the Merit Systems Protection Board or the Office of Special Counsel. A record also may be disclosed to the United States Office of Personnel Management
(OPM)in accordance with the agency's responsibility for evaluating Federal personnel management. k. A record may be disclosed as a routine use to a Member of Congress or to a congressional staff member in response to an inquiry of the congressional office made at the request of the person who is the subject of the record. l. Information may be disclosed at any stage of the legislative coordination and clearance process to the Office of Management and Budget
(OMB)for reviewing private relief legislation as set forth in OMB Circular No. A-19. A record may be disclosed:
(a)To an expert, a consultant, or contractor of GSA engaged in a duty related to an agency function to the extent necessary to perform the function; and
(b)To a physician to conduct a fitness-for-duty examination of a GSA officer or employee. m. A record may be disclosed to any official charged with the responsibility to conduct qualitative assessment reviews of internal safeguards and management procedures employed in investigative operations. This disclosure category includes members of the President's Council on Integrity and Efficiency and officials and administrative staff within their investigative chain of command, as well as authorized officials of the Department of Justice and the Federal Bureau of Investigation. n. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. o. To the National Archives and Records Administration
(NARA)for records management purposes. POLICIES AND PRACTICES FOR STORING, RETRIEVING, REVIEWING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records are kept in files and file folders. Electronic records are stored on hard drive or CD-ROM. RETRIEVABILITY: Both paper records and electronic records are retrievable by name or assignment number. SAFEGUARDS: Paper records are stored in locked rooms with access limited to authorized personnel. Computer based records are available only to authorized users with a need to know and are protected by a network logon password, user password, and restricted right of access to the software, system, file, data element, and report. RETENTION AND DISPOSAL: Records are disposed of by shredding or burning, as scheduled in GSA Handbook, GSA Maintenance and Disposition System (OAD P 1820.2A). SYSTEM MANAGER(S) AND ADDRESS: Internal Evaluation Staff
(JE)of the Office of Inspector General, General Services Administration, 1800 F Street, NW., Washington, DC 20405. NOTIFICATION PROCEDURES: An individual who wishes to be notified whether the system contains a record concerning him or her should address a request to the Office of Counsel to Inspector General (JC), General Services Administration, Room 5324, 1800 F Street, NW., Washington, DC 20405. RECORDS ACCESS PROCEDURES: An individual seeking access to a record should put his or her request in writing and address it to the Office of Counsel to the Inspector General (JC), including full name (maiden name if appropriate), address, and date and place of birth. General inquiries may be made by telephone:
(202)501-1932. CONTESTING RECORD PROCEDURES: GSA rules for contesting the content of a record or appealing a denial of a request to amend a record are in 41 CFR Part 105-64. RECORD SOURCE CATEGORIES: The sources are individuals themselves, employees, informants, law enforcement agencies, other Government agencies, employers, references, co-workers, neighbors, educational institutions, and intelligence sources. SYSTEMS EXEMPTED FROM CERTAIN PROVISION OF THE ACT: In accordance with 5 U.S.C. 552a(j), this system of records is exempt from all provisions of the Privacy Act of 1974 with the exception of subsections (b); (c)(1) and (2); (e)(4)(A) through (F); (e)(6), (7), (9), (10), and (11); and
(i)of the Act, to the extent that information in the system pertains to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals; to the activities of prosecutors, courts, and correctional, probation, pardon, or parole authorities; and to
(1)information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status;
(2)information compiled for the purpose of a criminal investigation, including reports of informants and investigators, that is associated with an identifiable individual; or
(3)reports of enforcement of the criminal laws, from arrest or indictment through release from supervision. This system is exempted to maintain the efficacy and integrity of the Office of Inspector General's law enforcement function. In accordance with 5 U.S.C. 552a(k), this system of records is exempt from subsections (c)(3); (d); (e)(1); (e)(4) (G), (H), and (I); and
(f)of the Privacy Act of 1974. The system is exempt: a. To the extent that the system consists of investigatory material compiled for law enforcement purposes. However, if any individual is denied any right, privilege, or benefit for which the individual would otherwise be eligible as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of the Act, under an implied promise that the identity of the source would be held in confidence; and b. To the extent the system consists of investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of the Act, under an implied promise that the identity of the source would be held in confidence. This system has been exempted to maintain the efficacy and integrity of lawful investigations conducted pursuant to the Office of Inspector General's law enforcement responsibilities and responsibilities in the areas of Federal employment, Government contracts, and access to security classified information. [FR Doc. E8-8891 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/FSS-13 SYSTEM NAME: Personal Property Sales Program. SYSTEM LOCATION: System records are maintained by the General Services Administration
(GSA)at several locations. A complete list of the locations is available from the System Manager. INDIVIDUALS COVERED BY THE SYSTEM: The system will include those individuals who request to be added to GSA bidders' mailing lists, register to bid on GSA sales, and enter into contracts to buy Federal personal property at sales conducted by GSA. RECORDS IN THE SYSTEM: The system contains information needed to identify potential and actual bidders and awardees, and transaction information involving personal property sales. System records include: a. Personal information provided by bidders and buyers, including names, phone numbers, addresses, Social Security Numbers, and credit card numbers or other banking information; and b. Contract information on Federal personal property sales, including whether payment was received, the form of the payment, notices of default, and contract claim information. AUTHORITY FOR MAINTAINING THE SYSTEM: 40 U.S.C. 121(c) and 40 U.S.C. 541, et seq. PURPOSE: To establish and maintain a system of records for conducting public sales of Federal personal property by GSA. ROUTINE USES OF THE SYSTEM RECORDS, INCLUDING CATEGORIES OF USERS AND THEIR PURPOSES FOR USING THE SYSTEM: System information may be accessed and used by authorized GSA employees or contractors to prepare for and conduct personal property sales, administer sales contracts, perform oversight or maintenance of the GSA electronic systems and, when necessary, for sales contract litigation or non-procurement suspension or debarment purposes. INFORMATION FROM THIS SYSTEM ALSO MAY BE DISCLOSED AS A ROUTINE USE: a. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. b. To authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. c. To a Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; the letting of a contract; or the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. d. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), or the Government Accountability Office
(GAO)when the information is required for program evaluation purposes. e. To a Member of Congress or his or her staff on behalf of and at the request of the individual who is the subject of the record. f. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. g. To the GSA Office of Finance for debt collection purposes (see GSA/PPFM-7). h. To the National Archives and Records Administration
(NARA)for records management purposes. i. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF SYSTEM RECORDS: STORAGE: Information may be collected on paper or electronically and may be stored on paper or on electronic media, as appropriate. RETRIEVABILITY: Records are retrievable by a personal identifier or by other appropriate type of designation approved by GSA. SAFEGUARDS: System records are safeguarded in accordance with the requirements of the Privacy Act, the Computer Security Act, and OMB Circular A-130. Technical, administrative, and personnel security measures are implemented to ensure confidentiality and integrity of the system data stored, processed, and transmitted. Paper records are stored in secure cabinets or rooms. Electronic records are protected by passwords and other appropriate security measures. RETENTION AND DISPOSAL: Disposition of records is according to the National Archives and Records Administration
(NARA)guidelines, as set forth in the handbook, GSA Records Maintenance and Disposition System (OAD P 1820.2), and authorized GSA records schedules. SYSTEM MANAGER AND ADDRESS: Director, Property Management Division (FBP), Federal Supply Service, General Services Administration, 2200 Crystal Drive, Crystal Plaza 4, Arlington, VA 22202. NOTIFICATION PROCEDURE: Individuals may submit a request on whether a system contains records about them to the system manager at the above address. RECORD ACCESS PROCEDURES: Requests from individuals for access to their records should be addressed to the system manager. CONTESTING RECORD PROCEDURES: GSA rules for access to systems of records, contesting the contents of systems of records, and appealing initial determinations are published in the **Federal Register** , 41 CFR part 105-64. RECORD SOURCE CATEGORIES: Information is provided by individuals who wish to participate in the GSA personal property sales program, and system transactions designed to gather and maintain data and to manage and evaluate the Federal personal property disposal program. [FR Doc. E8-8894 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also includes the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/OAP-4 SYSTEM NAME: FedBizOpps (FBO). SYSTEM LOCATION: Records are maintained in electronic form in the GSA Federal Supply Service
(FSS)FedBizOpps production facilities, hosted by a contractor in Sterling, VA and Chicago, IL. Contact the system manager for additional information. SYSTEM LOCATION: a. Interested individuals. Individuals who request information from the FedBizOpps system. The contact is voluntary. The individual's e-mail address is used to respond to requests and inquiries. b. Interested vendors. Contact information provided by vendors and/or individuals who are sole proprietors. Vendors may voluntarily establish a Vendor Notification Profile in FedBizOpps, within the secure production portion of the system. The vendor is notified by the system when selected FedBizOpps postings occur that are of interest to that vendor based on the profile. CATEGORIES OF RECORDS IN THE SYSTEM: The system maintains an inventory of Federal solicitations and related documents, and vendor contact information. System information includes: a. Organizational, contact, and access control information on Federal contracting officials authorized to access and use the FedBizOpps system services for the management, administration, and posting of Federal solicitation information and related documents. b. Contact information in the form of an e-mail address, provided voluntarily by vendors and other individuals who wish to use FedBizOpps to be kept informed of Federal procurements and/or specific solicitations of interest. Vendors also may choose to be included on the Interested Vendors Listing
(IVL)to further eCommerce opportunities. A vendor may provide any or all of the data in the Interested Vendor Listing, which consists of Company Name, Address, Phone Number(s), E-mail address(es), Name of Point of Contact, and Business Type. AUTHORITIES FOR MAINTENANCE OF THE SYSTEM: 15 U.S.C. 637 and 41 U.S.C. 416. PURPOSE: To establish and maintain a system for posting, finding, and retrieving Federal solicitation information for procurements valued over $25,000; and to disseminate Federal solicitations to interested public individuals and businesses. ROUTINE USES OF THE SYSTEM RECORDS, INCLUDING CATEGORIES OF USERS AND THEIR PURPOSE FOR USING THE SYSTEM: System information may be accessed and used by authorized Federal contracting officials to post Federal solicitation information and related documents in the conduct of official Federal business or by Federal contractors, vendors, and/or interested individuals to search, monitor, find, and/or respond to Federal solicitations of interest. Information from this system also may be disclosed as a routine use: a. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. b. To a Federal, State, local, or foreign agency responsible for investigating, prosecuting, enforcing, or carrying out a statute, rule, regulation, or order when GSA becomes aware of a violation or potential violation of civil or criminal law or regulation. c. To duly authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. d. To the Office of Personnel Management
(OPM)and the Government Accountability Office
(GAO)when the information is required for evaluation of the program. e. To a Member of Congress or his or her staff on behalf of and at the request of the individual who is the subject of the record. f. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. g. To the National Archives and Records Administration
(NARA)for records management purposes. h. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF SYSTEM RECORDS: STORAGE: Information is collected electronically and is stored on readily accessible hard drives, backed up to tape media. RETRIEVABILITY: Federal government electronic solicitation records and related documents are readily retrievable by the general public using the search and retrieval and/or drill-down select and retrieval capabilities of FedBizOpps. The Federal buyer and interested individual (vendor) contact information described in the Categories of Records in the System paragraph is accessible only to authorized Federal officials and to the FedBizOpps system services that use the information for its intended purposes. SAFEGUARDS: System records are safeguarded in accordance with the requirements of the Privacy Act, the Computer Security Act, and the FedBizOpps System Security Plan. Technical, administrative, and personnel security measures are implemented to ensure confidentiality and integrity of the system data that is stored, processed, and transmitted, including password protection and other appropriate security measures. RETENTION AND DISPOSAL: Disposition of records is according to the National Archives and Records Administration
(NARA)guidelines, as set forth in the GSA Records Maintenance and Disposition System handbooks OAD P 1820.2A and CIO P 1820.1, and authorized GSA records schedules. SYSTEM MANAGER AND ADDRESS: FBO Program Manager, FedBizOpps Program Office, General Services Administration, Federal Supply Service (GSA/FIB), Crystal Mall Four, Room 804 (CM4-804), 1901 South Bell Street, Arlington, VA 22202-4502. NOTIFICATION PROCEDURES: An individual may obtain information on whether the system contains his or her record by addressing a request to the FedBizOpps
(FBO)Program Manager at the above address. RECORD ACCESS PROCEDURES: Requests from individuals for access to their records should be addressed to the FedBizOpps
(FBO)Program Manager at the above address. CONTESTING RECORD PROCEDURES: GSA rules for access to systems of records, for contesting the contents of systems of records, and for appealing initial determinations are published in the **Federal Register** , 41 CFR part 105-64. RECORD SOURCE CATEGORIES: Information is obtained from individuals who are Federal contracting officials authorized to use the FedBizOpps system for official Federal business or who are individuals voluntarily providing contact information using FedBizOpps vendor services in order to be notified of solicitations of interest. [FR Doc. E8-8899 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/OAP-3 SYSTEM NAME: Federal Procurement Data System—Next Generation (FPDS-NG). SYSTEM LOCATION: Electronic records are maintained by the FPDS-NG contractor in a secure computer facility. Contact the system manager for additional information. SYSTEM LOCATION: FPDS-NG includes information on individuals who are sole proprietors who have or had contracts with the Federal Government. CATEGORIES OF RECORDS IN THE SYSTEM: The system collects, processes, and maintains official statistical data on Federal contracting, including: a. Information on individual federal contractors that may include name, DUNS (Data Universal Numbering System) number, and Social Security Number as the Taxpayer Identification Number (TIN). b. Contracts that are unclassified but may be considered sensitive due to insight they may provide into federal government activities in conjunction with data from other federal contracts. AUTHORITIES FOR MAINTENANCE OF THE SYSTEM: Public Law 93-400 Office of Federal Procurement Policy Act, as amended; 41 U.S.C. 405, 417. PURPOSE: To establish and maintain a system for assembling, organizing, and presenting contract procurement data for the federal government and the public sector. ROUTINE USES OF THE SYSTEM RECORDS, INCLUDING CATEGORIES OF USERS AND THEIR PURPOSES FOR USING THE SYSTEM: Information in this system may be disclosed as a routine use: a. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. b. To a Federal, State, local, or foreign agency responsible for investigating, prosecuting, enforcing, or carrying out a statute, rule, regulation, or order when GSA becomes aware of a violation or potential violation of civil or criminal law or regulation. c. To an authorized appeal or grievance examiner, formal complaints examiner, equal employment opportunity investigator, arbitrator, or other duly authorized official engaged in investigation or settlement of a grievance, complaint, or appeal filed by an individual to whom the information pertains. d. To the Office of Management and Budget
(OMB)and the Government Accountability Office
(GAO)in accordance with their responsibilities for evaluating Federal programs. e. To a Member of Congress or his or her staff on behalf of and at the request of the individual who is the subject of the record. f. To authorized officials of the agency that provided the information for inclusion in the system. g. To an expert, consultant, or contractor in the performance of a Federal duty to which the information is relevant. h. To provide recurring or special reports to the President, Congress, the Government Accountability Office, Federal Executive agencies, and the general public. i. As a means of measuring and assessing the impact of Federal contracting on the nation's economy and the extent to which small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged and woman-owned small business concerns are sharing in Federal contracts. j. To provide information for policy and management control purposes. k. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF SYSTEM RECORDS: STORAGE: Information may be collected electronically and may be stored on electronic media, as appropriate. Electronic records are kept on server hard drives and electronic backup devices. RETRIEVABILITY: Records are retrievable by a variety of fields, the key for individual records being the unique Procurement Instrument Identifier (PIID). SAFEGUARDS: System records are safeguarded in accordance with the requirements of the Privacy Act, the Computer Security Act, and the FPDS-NG System Security Plan. Technical, administrative, and personnel security measures are implemented to ensure confidentiality and integrity of the system data that is stored, processed, and transmitted. Electronic records are protected by passwords and other appropriate security measures. Data entry is limited to authorized users whose names and levels of access are maintained by federal agencies and the information is securely stored online. Unclassified but sensitive contract data in the system is restricted to those who have access within the federal agency. Agencies determine when their contract information may be made available for viewing by other agencies and the public. RETENTION AND DISPOSAL: Disposition of records is according to the National Archives and Records Administration
(NARA)guidelines, as set forth in the GSA Records Maintenance and Disposition System handbooks OAD P 1820.2A and CIO P 1820.1, and authorized GSA records schedules. SYSTEM MANAGER AND ADDRESS: Federal Procurement Data Center Program Manager, Integrated Acquisition Environment (GSA/IAE/VSI), Office of The Chief Acquisition Officer, Suite 911, Crystal Park I, 2011 Crystal Drive, Arlington, VA 22202. NOTIFICATION PROCEDURES: An individual may obtain information on whether the system contains his or her record by registering with FPDS-NG as a public user and using one or more of the various search capabilities to search for the record, or by addressing the inquiry to the system manager. Requests for system information that is releasable under the Freedom of Information Act
(FOIA)may be directed to the Federal Procurement Data Center Program Manager through the FOIA Requestor Service Center, 1800 F St., NW., Room 7126, Washington, DC 20405. RECORD ACCESS PROCEDURES: Any individual may register with FPDS-NG as a public user and use one or more of the various search capabilities to search for federal contracts after they have been awarded and entered into FPDS-NG. Individuals also may request access to their information from the system manager. The public may obtain releasable information by submitting a FOIA request to the Federal Procurement Data Center Program Manager through the FOIA Requestor Service Center. CONTESTING RECORD PROCEDURES: GSA establishes the rules for access to federal contracts. Individuals may contest the contents of a contract by contacting the contracting office in the department or agency that awarded the contract. RECORD SOURCE CATEGORIES: Information is obtained from federal agencies who report federal contracts after award according to the reporting requirements included in the Federal Acquisition Regulation Subpart 4.6—Contract Reporting. These records may contain the names of individuals, their DUNS number, and Taxpayer Identification Number (TIN). [FR Doc. E8-8900 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/PBS-6 SYSTEM NAME: Electronic Acquisition System (EAS). SYSTEM LOCATION: The system records and documents are maintained at the Enterprise Service Center of the GSA Public Buildings Service (PBS). Contact the EAS System Manager for additional information. SYSTEM LOCATION: The system maintains information on individuals, as well as businesses, who have made an offer or provided a quote in response to a PBS solicitation or who have entered into a contract with PBS. CATEGORIES OF RECORDS IN THE SYSTEM: The system maintains information required throughout the lifecycle of a PBS contract action including information about contracts, proposals and bids, and vendors. The Central Contractor Registry, a federal government computer system maintained by the Department of Defense, is the sole source for vendor information in EAS. All information received from CCR is originally submitted by the vendor to CCR. In addition to business contact and identification information (address, telephone number, and Taxpayer Identification Number (TIN)), the system includes personal information on individuals who use personal contact and identification information (home address, telephone, e-mail, and fax numbers, and Social Security Number) for business purposes as sole proprietors. AUTHORITIES FOR MAINTENANCE OF THE SYSTEM: Office of Federal Procurement Policy Act of 1974 (Pub. L. 93-400), as amended by Public Law 96-83, Federal Acquisition Regulation (FAR), General Services Administration Acquisition Manual (GSAM), GSA Order PBS 2120.1 PURPOSE: To provide and maintain a system supporting PBS acquisition contract preparation, workflow activities, tracking, and reporting. The system ensures that the PBS staff prepares, assembles, and maintains information necessary for compliance with FAR and GSAM contracting requirements. ROUTINE USES OF THE SYSTEM RECORDS, INCLUDING CATEGORIES OF USERS AND THEIR PURPOSES FOR USING THE SYSTEM: System information may be accessed and used by authorized GSA employees and contractors to conduct official duties associated with federal acquisition. Information from this system may be disclosed as a routine use: a. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. b. To a Federal, State, local, or foreign agency responsible for investigating, prosecuting, enforcing, or carrying out a statute, rule, regulation, or order when GSA becomes aware of a violation or potential violation of civil or criminal law or regulation. c. To duly authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. d. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), the Government Accountability Office
(GAO)or other Federal agency when the information is required for program evaluation purposes. e. To another Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; clarifying a job; the letting of a contract; or the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. f. To a Member of Congress or his or her staff on behalf of and at the request of the individual who is the subject of the record. g. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. h. To the National Archives and Records Administration
(NARA)for records management purposes. i. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF SYSTEM RECORDS: STORAGE: System records and documents are electronically stored on servers, tape backups, and/or compact discs. RETRIEVABILITY: Records may be retrieved by name and/or other personal identifier or appropriate type of designation. SAFEGUARDS: System records are safeguarded in accordance with the requirements of the Privacy Act, the Computer Security Act, and the EAS System Security Plan. Technical, administrative, and personnel security measures are implemented to ensure confidentiality and integrity of the data. Security measures include password protections, assigned roles, and transaction tracking. RETENTION AND DISPOSAL: Disposition of records will be according to the National Archives and Records Administration
(NARA)guidelines, set forth in the GSA Records Maintenance and Disposition System (OAD P 1820.2A) handbook. SYSTEM MANAGER AND ADDRESS: EAS Program Manager, Systems Development and Maintenance Division (PGAB), Office of the PBS Chief Information Officer, General Services Administration, 1800 F Street, NW., Washington, DC 20405. NOTIFICATION PROCEDURES: Individuals may obtain information about their records from the EAS Program Manager at the above address. RECORD ACCESS PROCEDURES: Requests from individuals for access to their records should be addressed to the EAS Program Manager. GSA rules for individuals requesting access to their records are published in 41 CFR part 105-64. CONTESTING RECORD PROCEDURES: Individuals must contest their record's source data and appeal determinations for correction at the Central Contractor Registry according to CCR rules. Individuals may contest their GSA records' contents and appeal determinations according to GSA rules published in 41 CFR part 105-64. RECORD SOURCE CATEGORIES: Information is obtained from the Central Contractor Registry for registered and matched vendors who are offerors or winners of GSA PBS contract actions. [FR Doc. E8-8903 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: Telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/OEA-1 SYSTEM NAME: Records of Defunct Agencies. LOCATION: The system of records is located in the GSA regional office building, 7th & D Streets, SW., Washington, DC 20407, and at the GSA National Payroll Center, 6BCY, 1500 E. Bannister Road, Kansas City, MO 64131-3088. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Employees of defunct agencies, including but not limited to, presidential commissions, committees, small agencies, and boards, whose records the GSA services under a reimbursable agreement. CATEGORIES OF RECORDS IN THE SYSTEM: Payroll and financial records, including but not limited to, time and attendance cards, payment vouchers, employee health benefit records, requests for deductions, tax forms, including W-2 forms, overtime requests, leave data, retirement records, and vendor register and payment tapes. AUTHORITY FOR MAINTAINING THE SYSTEM: 5 U.S.C. Part III, Subparts D and E, 26 U.S.C. Chapter 24 and 3501, E.O. 9397, and 31 U.S.C. 1531. PURPOSE: To notify the public of the routine use and storage of payroll, personnel and financial records stored by GSA for defunct agencies that are sensitive in nature. ROUTINE USES OF THE RECORDS IN THE SYSTEM, INCLUDING TYPES OF USERS AND THE PURPOSES OF THE USES: The GSA uses the records for concluding the administrative operations of the defunct agency. Routine uses include providing a copy of an employee's Department of the Treasury Form W-2, and Wage and Tax Statement, to the State, city, or other local jurisdiction that has authority to tax the employee's pay. The agency also provides a record under a withholding agreement between a State, city, or other jurisdiction and the Department of the Treasury under 5 U.S.C. 5516, 5517, and 5520, or in response to the written request of an authorized official of the taxing jurisdiction to the Director, GSA National Payroll Center (6BCY), 1500 East Bannister Road, Kansas City, MO 64131-3088. The request must include a copy of the statute or ordinance showing the authority of the jurisdiction to tax the employee based on place of residence, place of employment, or both. Under a withholding agreement between a city and the Department of the Treasury (5 U.S.C. 5520), the GSA furnishes copies of executed city tax withholding certificates to the city in response to a written request from the proper city official to the GSA official named in the paragraph above. Records are also released to the Government Accountability Office for audits and to the Internal Revenue Service for use in investigations. Additional routine uses are: a. To disclose a record to the appropriate Federal, State, or local agency responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, or regulation, or order, where the GSA becomes aware of an indication of a violation, or potential violation of a civil or criminal law or regulation. b. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. c. To authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. d. To a Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; the letting of a contract; or the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. e. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), or the Government Accountability Office
(GAO)when the information is required for program evaluation purposes. f. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant and a physician to conduct a fitness-for-duty examination of a GSA officer or employee. g. To disclose a record to the OPM concerning pay, benefits, retirement deductions, and other information needed under that agency's responsibility to evaluate Federal personnel management. h. To the National Archives and Records Administration
(NARA)for records management purposes. i. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. To the extent that official personnel records in the GSA's custody are covered within systems of records published by the OPM as Government-wide records, the records are considered part of the Government-wide system. Other personnel records covered by notices published by the GSA and considered to be separate systems of records may be transferred to the OPM under personnel programs as a routine use. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records are in file folders and card files. Microfiche records on microfiche sheets are stored in cabinets. CD-ROMs and floppy disks are stored in file cabinets. RETRIEVABILITY: Payroll records are retrievable by Social Security Number and other records by name. SAFEGUARDS: When not in use by an authorized person, the records are stored in locked metal containers or in secured rooms. RETENTION AND DISPOSAL: The Division Director of the Agency Liaison Division and the National Payroll Center disposes of the records as scheduled in the handbook, GSA Records Maintenance and Disposition System (OAD P 1820.2). SYSTEM MANAGER AND ADDRESS: The system managers are the Director, Agency Liaison Division (WB-E), General Services Administration, 7th & D Streets, SW., Washington, DC 20407 and the Director, GSA National Payroll Center, 6BCY, 1500 E. Bannister Road, Kansas City, MO 64131-3088. NOTIFICATION PROCEDURE: Requests to review or receive a copy of a record should be sent to the system manager named above. RECORD ACCESS PROCEDURE: See 41 CFR part 105-64, published in the **Federal Register** , for the procedures. Address your written request to review or copy records to the system manager, with the words “Privacy Act Request” written on the letter and on the envelope. CONTESTING RECORD PROCEDURE: See 41 CFR part 105-64. RECORD SOURCES: When it shuts down, the agency that the GSA services publishes a notice in the **Federal Register** transferring administrative responsibility for the records to the GSA. [FR Doc. E8-8904 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: The General Services Administration
(GSA)reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also includes the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/TRANSIT-1 SYSTEM NAME: Transportation Benefits Records. SYSTEM LOCATION: System records are maintained by the Office of the Chief Human Capital Officer (C), 1800 F Street, NW., Washington, DC 20405; and by each of GSA's regional offices. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Employees applying for transit subsidies for use of public transportation and vanpools to and from the workplace. CATEGORIES OF RECORDS IN THE SYSTEM: Record categories may include name, home address, Social Security Number, work organization and location, mode of transportation, and commuting costs. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: E.O. 13150; 26 U.S.C. 132(f); and Federal Employees Clean Air Incentives Act (section 2(a) of Public Law 103-172, found at 5 U.S.C. 7905), as amended. PURPOSE: To establish and maintain systems for providing transportation fringe benefits to employees who use mass transportation to commute to and from work. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: System information is used to determine the eligibility of applicants for transportation benefits and to disburse benefits to eligible employees through the Department of Transportation. Information also may be disclosed as a routine use: a. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. b. To authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. c. To a Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; the letting of a contract; or the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. d. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), or the Government Accountability Office
(GAO)when the information is required for program evaluation purposes. e. To a Member of Congress or staff on behalf of and at the request of the individual who is the subject of the record. f. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. g. To the National Archives and Records Administration
(NARA)for records management purposes. h. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: System records are stored electronically and on paper. RETRIEVABILITY: Records may be retrieved by name, Social Security Number, or other identifier in the system. SAFEGUARDS: Records are safeguarded in accordance with the Privacy Act and the Computer Security Act. Technical, administrative, and personnel security measures ensure confidentiality and integrity of system data. Access is limited to authorized individuals. RETENTION AND DISPOSAL: Applications will be maintained for as long as the applicant is an eligible participant in the subsidy program. System records are retained and disposed of according to GSA records maintenance and disposition schedules and the requirements of the National Archives and Records Administration (NARA). SYSTEM MANAGER AND ADDRESS: Office of the Chief Human Capital Officer (C), Office of Human Capital Management (CH), General Services Administration, 1800 F Street, NW., Washington, DC 20405. NOTIFICATION PROCEDURES: Inquiries should be directed to the system manager at the above address. RECORD ACCESS PROCEDURES: Requests for access to records should be directed to the system manager. GSA rules for accessing records under the Privacy Act are provided in 41 CFR part 105-64. RECORD CONTESTING PROCEDURES: Requests to correct records should be directed to the system manager. GSA rules for contesting record contents and for appealing determinations are provided in 41 CFR part 105-64. RECORD SOURCE CATEGORIES: Sources for information in the system are: Employees submitting applications for transit subsidies. [FR Doc. E8-8906 Filed 4-24-08; 8:45 am] BILLING CODE 6820-14-M GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *sa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also includes the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/HRO-10 SYSTEM NAME: Grievance Records. SYSTEM LOCATION: The records are located in the Office of Human Resources Services at GSA or office in GSA in which grievances were filed. The offices are as follows: Central Office, Central Office Human Resources Division (CHP), General Services Administration, 1800 F Street NW., Washington, DC 20405,
(202)501-0040. National Capital Region, Human Resources Office (WCP), General Services Administration, 7th and D Streets SW., Washington, DC 20407,
(202)708-5335. New England Region, Human Resources Office (1CP), General Services Administration, 10 Causeway Street, Boston, MA 02222,
(617)565-6634. Northeast and Caribbean Region, Human Resources Office (2AR), General Services Administration, 26 Federal Plaza, New York, NY 10278,
(212)264-8138. Mid-Atlantic Region, Human Resources Office (3CP), General Services Administration, The Strawbridge Building, 20 North Eighth Street, Philadelphia, PA 19107-3191,
(215)446-4951. Southeast Sunbelt Region, Office of Human Resources (4AH), General Services Administration, 77 Forsyth Street, Suite 650, Atlanta, GA 30303,
(404)331-3186. Great Lakes Region, Human Resources Office (5CP), General Services Administration, 230 South Dearborn Street, Chicago, IL 60604,
(312)353-5550. The Heartland Region, Human Resources Office (6CP), General Services Administration, 1500 East Bannister Road, Kansas City, MO 64131,
(816)926-7206. Greater Southwest Region, Human Resources Office (7CP), General Services Administration, 819 Taylor Street, Room 9A00, Forth Worth, TX 76102,
(817)978-3190. Pacific Rim Region, Human Resources Office (9CP), General Services Administration, 450 Golden Gate Avenue, San Francisco, CA 94100,
(415)744-5185. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Current or former employees who have filed grievances with GSA under part 771 of the Office of Personnel Management
(OPM)Regulations (5 CFR part 771) or a negotiated procedure. CATEGORIES OF RECORDS IN THE SYSTEM: The system contains grievances filed by agency employees under part 771 of OPM regulations. It also includes files of internal grievance and arbitration systems that are established through negotiations with recognized labor unions. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. Chapter 75; E.O. 10577, as amended; E.O. 11491, as amended. PURPOSE: To maintain an information system documenting employee grievances, including statements of witnesses, reports of interviews and hearings, examiner's findings and recommendations, a copy of the original and final decision, and related correspondence and exhibits. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: System information may be accessed and used by authorized Federal agency employees or contractors to conduct official duties. Information from this system also may be disclosed as a routine use: a. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. b. To disclose information to any source from which additional information is requested in the course of processing a grievance, to the extent necessary to identify the individual, inform the source of the purpose(s) of the request, and to identify the type of information requested. c. To authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. d. To a Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; the letting of a contract; or the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. e. By GSA or the Office of Personnel Management in the production of summary description statistics and analytical studies in support of the function for which the records are collected and maintained, or for related work force studies. While published statistics do not contain individual identifiers, in some instances the selection of elements of data included in the study may be structured in such a way as to make the data individually identifiable by inference. f. To officials of the Merit Systems Protection Board, including the Office of Special Counsel; the Federal Labor Relations Authority and its General Counsel, or Equal Employment Opportunity Commission when requested in performance of their authorized duties. g. In response to a request for a discovery or for appearance of a witness, information that is relevant to the subject matter involved in a pending judicial or administrative proceeding. h. To provide information to officials of labor organizations reorganized under the Civil Service Reform Act when relevant and necessary to their duties of exclusive representation concerning personnel policies, practices, and matters affecting working conditions. i. To a Member of Congress or staff on behalf of and at the request of the individual who is the subject of the record. j. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. k. To the National Archives and Records Administration
(NARA)for records management purposes. l. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: The records are maintained in file folders. RETRIEVABILITY: Records reside where the grievance action is processed. The records are filed numerically and/or alphabetically by name. SAFEGUARDS: These records are maintained in lockable metal filing cabinets to which only authorized personnel have access. RETENTION AND DISPOSAL: These records are disposed of 3 years after closing of the case. Disposal is by shredding or burning. SYSTEM MANAGER(S) AND ADDRESS: The Director of Human Capital Policy and Program Management Division (CHP), Office of Human Capital Management (CH), 1800 F Street, NW., Washington, DC 20405. NOTIFICATION PROCEDURE: Current employees may obtain information about whether they are a part of the system by contacting the designated office where the action was processed. RECORD ACCESS PROCEDURE: Requests from current employees to review information about themselves should be directed to the designated office where the action was processed. For the identification required, see 41 CFR part 105-64. CONTESTING RECORD PROCEDURES: Review of a request from an individual seeking to amend a grievance record that has been the subject of a judicial or quasi-judicial process is limited in scope. Review of this type of request is restricted to determining if the record accurately documents GSA's ruling on the case and does not include a review of the merits of an action, determination, or finding. An individual who wishes to amend his or her record to correct factual errors should contact the GSA Office of Human Resources Services
(CHP)or the office where the grievance was processed. The individual must also follow the GSA Privacy Act procedures on amending records (CPO 1878.1). RECORD SOURCE CATEGORIES: Officials who manage records pertaining to employees who have filed grievances with GSA under part 771 of the Office of Personnel Management
(OPM)Regulations (5 CFR part 771) or a negotiated procedure. FILES EXEMPTED FROM PARTS OF THE ACT: Under 5 U.S.C. 552a(k)(2), this system of records is exempt from subsections (c)(3); (d); (e)(1); (e)(4)(G), (e)(4)(H), (e)(4)(I); and
(f)of the Act when the records are complied for a law enforcement purpose and the record will not be used to deny a right, benefit, or privilege from the subject of the record. [FR Doc. E8-8907 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also includes the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/HRO-3 SYSTEM NAME: Occupational Health and Injury Files. SYSTEM LOCATION: The system of records is used in the General Services Administration's Office of Human Resources Services; the Safety and Environmental Management Division, Office of Real Property Management and Safety, Public Building Service; and in the offices of supervisors of any employee who has had an occupational health problem or who was injured on the job. The data base is in computers at the Heartland Regional Office, Kansas City MO. The Human Resources Services Offices are as follows: Central Office, Central Office Human Resources Division (CPS), General Services Administration, 1800 F Street NW., Washington, DC 20405,
(202)501-0040. National Capital Region, Human Resources Office (WCP), General Services Administration, 7th and D Streets SW., Washington, DC 20407,
(202)708-5335. New England Region, Human Resources Office (1CP), General Services Administration, 10 Causeway Street, Boston, MA 02222,
(617)565-6634. Northeast and Caribbean Region, Human Resources Office (2AR), General Services Administration, 26 Federal Plaza, New York, NY 10278,
(212)264-8138. Mid-Atlantic Region, Human Resources Office (3CP), General Services Administration, The Strawbridge Building, 20 North Eighth Street, Philadelphia, PA 19107-3191,
(215)446-4951. Southeast Sunbelt Region, Office of Human Resources (4AH), General Services Administration, 77 Forsyth Street, Suite 650, Atlanta, GA 30303,
(404)331-3186. Great Lakes Region, Human Resources Office (5CP), General Services Administration, 230 South Dearborn Street, Chicago, IL 60604,
(312)353-5550. The Heartland Region, Human Resources Office (6CP), General Services Administration, 1500 East Bannister Road, Kansas City, MO 64131,
(816)926-7206. Greater Southwest Region, Human Resources Office (7CP), General Services Administration, 819 Taylor Street, Room 9A00, Forth Worth, TX 76102,
(817)978-3190. Pacific Rim Region, Human Resources Office (9CP), General Services Administration, 450 Golden Gate Avenue, San Francisco, CA 94100,
(415)744-5185. PERSONS COVERED BY THE SYSTEM: GSA employees who were injured or who have an occupational health problem. TYPES OF RECORDS IN THE SYSTEM: The system includes: • Accident reports (including CA 1 and 2: Federal Employee's Notice of Injury or Occupational Disease); • Claims for Compensation for Injury or Occupational Disease (CA 4 replaced with CA-2); • Claims for Continuance of Compensation on Account of Disability (CA 8 replaced with CA-7); and • Lists of employees receiving medical services, and health records. The automated information system contains statistics such as occupation and sex of employees, age group, cost per injury, days lost, cause and severity of injuries, and part(s) injured. AUTHORITY FOR MAINTAINING THE SYSTEM: 5 U.S.C. ch. 81 and 5 U.S.C. 7203 and 7901. PURPOSE: To maintain information for accident and occupational health reports, gather data for statistical reports, and record any employee who is injured or has an occupational health problem. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING THE TYPE OF USER AND THEIR PURPOSE IN USING THE RECORDS: System information may be accessed and used by authorized Federal agency employees or contractors to conduct official duties. Information from this system also may be disclosed as a routine use: a. To a Federal, State, or local public health agency on any employee who has a specific communicable disease or condition. The purpose is to prevent the spread of the disease or condition. b. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. c. To the Office of Worker's Compensation Programs on a claim for benefits filed by an employee. d. To a Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; the letting of a contract; or the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. e. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), or the Government Accountability Office
(GAO)when the information is required for program evaluation purposes. f. To a Member of Congress or staff on behalf of and at the request of the individual who is the subject of the record. g. To the Occupational Safety and Health Administration, as required by section 19 of the Occupational Safety and Health Act. h. To Central Office and regional office managers and supervisors to identify trends in injuries and better manage the program. i. To the Department of Labor to verify payments to an injured employee. j. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. k. To the National Archives and Records Administration
(NARA)for records management purposes. l. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records are kept in file folders. Magnetic tapes and disks are stored in libraries. Electronic records are stored in computers and attached equipment. RETRIEVABILITY: Records are filed and retrieved by Social Security Number or claim number. SAFEGUARDS: Records are stored in locked file cabinets or in secured rooms. Computer records are protected by a password system. RETENTION AND DISPOSAL: The Office of Human Resources Services disposes of the records as scheduled in the handbook, GSA Records Maintenance and Disposition system (OAD P 1820.2A). SYSTEM MANAGER AND ADDRESS: Chief, Employee Relations Branch, (CPSE), Office of Human Resources Services (CP), General Services Administration (CP), 18th and F Streets, NW., Washington, DC 20405. NOTIFICATION PROCEDURES: Current employees should address requests to their supervisor or to the Human Resources Services officer. Former employees should address requests to the Human Resources Services officer. RECORD ACCESS PROCEDURES: Current employees should address requests to their supervisor or to the Human Resources Services officer. Former employees should address requests to the Human Resources Services officer. For the identification required, see 41 CFR part 105-64. PROCEDURE FOR CONTESTING THE CONTENT OF A RECORD: GSA rules for contesting the content and appealing an initial decision are in 41 CFR part 105-64. RECORD SOURCES: The employee and the personnel specialist who prepared a claim. [FR Doc. E8-8909 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: The General Services Administration
(GSA)reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/PPFM-10 SYSTEM NAME: Purchase Card Program. SYSTEM LOCATION: System records are maintained by the Office of Finance, General Services Administration (GSA), at 1800 F Street, NW., Washington, DC 20405, and by designated purchase card coordinators' offices in GSA regions. Contact the System Manager for additional information. CATEGORIES OF INDIVIDUALS IN THE SYSTEM: The system includes employees of GSA, and of independent offices and commissions serviced by GSA, who qualify to use Federal Government charge cards for making authorized purchases for official business. CATEGORIES OF RECORDS IN THE SYSTEM: The system provides control over expenditure of funds through the use of Federal Government purchase cards. System records include: a. Personal information on charge card users, including names, home or business telephone numbers and addresses, Social Security Numbers, date of birth, employment information, or commercial and agency investigative reports showing debtors' asset, liabilities, income, expenses, bankruptcy petitions, history of wage garnishments, repossessed property, tax liens, legal judgments on debts owed, and financial delinquencies; and b. Account processing and management information, including charge card transactions, contractor monthly reports showing charges to individual account numbers, account balances, and other data needed to authorize, account for, and pay authorized purchase card expenses. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 41 U.S.C. 252a, 252b, 427, 428; E.O. 12931, and Section 639 of the Consolidated Appropriations Act, 2005 (Pub. L. 108-447). PURPOSE: To establish and maintain a system for operating, controlling, and managing the purchase card program involving commercial purchases by authorized Government employees. ROUTINE USE OF THE SYSTEM RECORDS, INCLUDING CATEGORIES OF USERS AND THEIR PURPOSE FOR USING THE SYSTEM: System information may be accessed and used by authorized GSA employees or contractors to conduct official duties associated with the management and operation of the purchase card program. Information from this system also may be disclosed as a routine use: a. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. b. To authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. c. To a Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; the letting of a contract; or the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. d. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), or the Government Accountability Office
(GAO)when the information is required for program evaluation purposes. e. To a Member of Congress or staff on behalf of and at the request of the individual who is the subject of the record. f. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. g. To the National Archives and Records Administration
(NARA)for records management purposes. h. To the GSA Office of Finance for debt collection purposes (see GSA/PPFM-7). i. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Information may be collected on paper or electronically and may be stored on paper or on electronic media, as appropriate. RETRIEVABILITY: Records are retrievable by a personal identifier or by other appropriate type of designation approved by GSA. SAFEGUARDS: System records are safeguarded in accordance with the requirements of the Privacy Act, the Computer Security Act, and OMB Circular A-130. Technical, administrative, and personnel security measures are implemented to ensure confidentiality and integrity of the system data stored, processed, and transmitted. Paper records are stored in secure cabinets or rooms. Electronic records are protected by passwords and other appropriate security measures. RETENTION AND DISPOSAL: Disposition of records is according to the National Archives and Records Administration
(NARA)guidelines, as set forth in the handbook, GSA Records Maintenance and Disposition System (CIO P 1820.1), and authorized GSA records schedules. SYSTEM MANAGER AND ADDRESS: Director, Financial Initiative Division (BCD), Office of Financial Policy and Operations, Office of the Chief Financial Officer, General Services Administration, 1800 F Street, NW., Washington, DC 20405. NOTIFICATION PROCEDURE: A Privacy Act Statement on the purchase card data collection form notifies individuals of the purpose and uses of the information they provide. Employees may obtain information about whether they are a part of this system of records from the system manager at the above address. RECORD ACCESS PROCEDURES: Requests from individuals for access to their records should be addressed to the system manager. CONTESTING RECORD PROCEDURES: GSA rules for access to systems of records, contesting the contents of systems of records, and appealing initial determinations are published at 41 CFR part 105-64. RECORD SOURCE CATEGORIES: Information is obtained from individuals submitting charge card applications, monthly contractor reports, purchase records, managers, other agencies, non-Federal sources such as private firms, and other agency systems containing information pertaining to the purchase card program. [FR Doc. E8-8910 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov* . ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/PPFM-11 SYSTEM NAME: Pegasys. SYSTEM LOCATION: Pegasys records and files are maintained in the Phoenix Data Center (PDC), with records also stored in the Washington, DC Central Office, Ft. Worth regional office, and Kansas City regional office. INDIVIDUALS COVERED BY THE SYSTEM: Individuals covered by Pegasys include GSA vendors and Federal employees. RECORDS IN THE SYSTEM: Pegasys contains records and files pertaining to financial information; therefore, these files and records contain the following privacy data: • Social Security Number (SSN); • Employee address; • Banking information; • Credit Card number. AUTHORITY FOR MAINTAINING THE SYSTEM: The Chief Financial Officers
(CFO)Act of 1990 (Public Law 101-576) as amended. PURPOSE: Pegasys is the GSA core financial management system of records to make payments and record accounting transactions. This includes funds management (budget execution and purchasing), credit cards, accounts payable, disbursements, standard general ledger, and reporting. It is part of a shared-services financial operation providing a commercial-off-the-shelf
(COTS)financial system (in a private-vendor hosted environment), financial transaction processing, and financial analysis for its main business lines of Federal supplies and technology, public buildings, and general management and administration offices. GSA also utilizes this shared-service operation to cross service multiple external client agencies. ROUTINE USES OF THE SYSTEM RECORDS, INCLUDING CATEGORIES OF USERS AND THEIR PURPOSE FOR USING THE SYSTEM: System information accessed by Pegasys may be used by designated finance center employees and their supervisors, along with designated analysts and managers. System information also may be used: a. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. b. To conduct investigations, by authorized officials, that are investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. c. To a Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; the letting of a contract; or the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. d. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), or the Government Accountability Office
(GAO)when the information is required for program evaluation purposes. e. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. f. To the National Archives and Records Administration
(NARA)for records management purposes. g. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF SYSTEM RECORDS: STORAGE: All records and files in Pegasys are stored electronically in a password-protected database format. RETRIEVAL: Information on individuals contained in Pegasys records and files are retrievable by name or vendor number. SAFEGUARDS: Pegasys records and files are safeguarded in accordance with the requirements of the Privacy Act. Access is limited to authorized individuals with passwords, and the database is maintained behind a certified firewall. Information on individuals is released only to authorized persons on a need-to-know basis and in accordance with the provisions of routine use. This system undergoes frequent testing and is certified and accredited for operation. Periodic Privacy Act Impact Assessments are performed as well to ensure the adequacy of security controls to protect personally identifiable information. RETENTION AND DISPOSAL: Pegasys records and files are retained and disposed of according to GSA records maintenance and disposition schedules and the requirements of the National Archives and Records Administration (NARA). SYSTEM MANAGER AND ADDRESS: Director, Financial Systems Development Division (BDD), General Services Administration, 1800 F Street, NW., Washington, DC 20405. NOTIFICATION PROCEDURE: Individuals wishing to inquire if the system contains information about them should contact the Pegasys system manager. RECORD ACCESS PROCEDURE: Requests for access may be directed to the Pegasys system manager. RECORD CONTESTING PROCEDURE: GSA rules for accessing records, for contesting the contents, and appealing initial decisions are in 41 CFR part 105-64, published in the **Federal Register** . RECORD SOURCES: The sources for information in Pegasys are the individuals for whom the records are maintained, the supervisors of those individuals, and existing agency systems. [FR Doc. E8-8919 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: The General Services Administration
(GSA)reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: Telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov* . ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/PPFM-9 SYSTEM NAME: Payroll Accounting and Reporting
(PAR)System. SYSTEM LOCATION: The system is located in the Office of the Chief Financial Officer, General Services Administration
(GSA)in Kansas City, Missouri; in commissions, committees and small agencies serviced by GSA; and in administrative offices throughout GSA. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Those covered are present and former employees of GSA and of commissions, committees, and small agencies serviced by GSA; and persons in intern, youth employment, and work/study programs. CATEGORIES OF RECORDS IN THE SYSTEM: PAR provides complete functionality for an employee's entire service life from initial hire through final payment and submission of retirement records to the Office of Personnel Management (OPM). The system holds payroll records, and includes information received by operating officials as well as personnel and finance officials administering their program areas, including information regarding nonsupport of dependent children. The system also contains data needed to perform detailed accounting distributions, provide for tasks such as mailing checks and bonds, and preparing and mailing tax returns and reports. The record system may contain: a. Employee's name, Social Security Number, date of birth, sex, work schedule, and type of appointment. b. Service computation date for assigning leave, occupational series, position, grade, step, salary, award amounts, and accounting distribution. c. Time, attendance, and leave; Federal, State, and local tax; allotments; savings bonds; and other pay allowances and deductions. d. Tables of data for editing, reporting, and processing personnel and pay actions, which include nature-of-action code, organization table, and salary table. e. Information regarding court-ordered payments to support dependent children, including amounts in arrears. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. Part III, Subparts D and E, 26 U.S.C. Chapter 24 and 2501, and E.O. 9397. PURPOSE: To maintain automated information system to support the day-to-day operating needs of the payroll program. The system can provide payroll statistics for all types of Government organizations, and allows many uses for each data element entered. The system has a number of outputs: For the payroll office, outputs include comprehensive payroll reports; accounting distribution of costs; leave data summary reports; each employee's statement of earnings, deductions, and leave every payday; State, city, and local unemployment compensation reports; Federal, State, and local tax reports; Forms W-2, Wage and Tax Statement; and reports of withholding and contributions. For the Office of Human Resources Services, outputs include data for reports of Federal civilian employment. The system also provides data to GSA staff and administrative offices to use for management purposes. ROUTINE USES OF THE SYSTEM RECORDS, INCLUDING CATEGORIES OF USERS AND THEIR PURPOSE FOR USING THE SYSTEM: a. To disclose information to a Federal, State, local, or foreign agency responsible for investigating, prosecuting, enforcing, or carrying out a statute, rule, regulation, or order, where the agency becomes aware of a violation or potential violation of civil or criminal law or regulation. b. To disclose requested information to a court or other authorized agency regarding payment or nonpayment of court-ordered support for a dependent child. c. To disclose information to Congressional staff in response to a request from the person who is the subject of the record. d. To disclose information to a manager, expert, consultant, or contractor of the agency for performing a Federal duty. e. To disclose information to a Federal, State, or local agency maintaining civil, criminal, enforcement, or other information to obtain information needed to make a decision on hiring or retaining an employee; issuing a security clearance; letting a contract; or issuing a license, grant, or other benefit. f. To disclose requested information to a Federal agency in connection with hiring or retaining an employee; issuing a security clearance; reporting an employee investigation; or clarifying a job. g. To disclose information to an appeal, grievance, or formal complaints examiner; equal employment opportunity investigator; arbitrator; union official or other official engaged in investigating or settling a grievance, complaint, or appeal filed by an employee. h. To disclose information to the Office of Management and Budget for reviewing private relief legislation at any stage of the clearance process. i. To provide a copy of the Department of the Treasury Form W-2, Wage and Tax Statement, to the State, city, or other local jurisdiction that is authorized to tax the employee's compensation. The record is provided by a withholding agreement between the State, city, or other local jurisdiction and the Department of the Treasury under 5 U.S.C. 5516, 5517, and 5520. j. To disclose information to the Office of Human Resources Services in reporting civilian employment. k. To disclose information to agency administrative offices who may restructure the data for management purposes. l. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records are kept in file folders, within locked power files; microfiches in cabinets; and computer records within a computer and attached equipment. All paper records are secured with the National Payroll Center (NPC), which is a secured area at the GSA NPC in Kansas City, Missouri. RETRIEVAL: Records are filed by name or Social Security Number at each location. SAFEGUARDS: Records are stored in locked power files, within the NPC in Kansas City, when not in use by an authorized person. Electronic records are protected by a password system and other appropriate security measures. The NPC is a secured access facility. RETENTION AND DISPOSAL: The Heartland Finance Center disposes of the records by shredding or burning, as scheduled in the handbook GSA Records Maintenance and Disposition System (CIO P 1820.1). SYSTEM MANAGER AND ADDRESS: Deputy Chief Financial Officer, Office of Financial Policy and Operations, General Services Administration, 1800 F Street, NW., Washington, DC 20405. NOTIFICATION PROCEDURE: An individual inquiry should be addressed to the system manager. RECORD ACCESS PROCEDURES: An individual request should be addressed to the system manager. Furnish full name, Social Security Number, address, telephone number, approximate dates and places of employment, and nature of the request. CONTESTING RECORD PROCEDURES: GSA rules for contesting the content of a record and appealing an initial decision are in 41 CFR 105-64. RECORD SOURCE CATEGORIES: The sources are the individuals themselves, other employees, supervisors, officials of other agencies, State governments, record systems GSA/ HRO-37, OPM/GOVT-1, EEOC/GOVT-1, and private firms. [FR Doc. E8-8920 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov* . ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/PBS-4 SYSTEM NAME: System for Tracking and Administering Real-property (STAR). SYSTEM LOCATION: Electronic records are maintained at the GSA Public Buildings Service
(PBS)Enterprise Service Center site. Paper records are located in PBS regional and field offices. Contact the system manager for additional information. SYSTEM LOCATION: STAR includes information on individuals who are sole proprietors who lease property to the Federal Government. In addition to sole proprietors, individuals who might be designated to receive lease payments are included. Information on these individuals includes their name, contact information, and their Taxpayer Identification Number (TIN). CATEGORIES OF RECORDS IN THE SYSTEM: The system maintains an inventory of government owned and leased property and includes: a. Personal information of property owners, including sole proprietors who are designated as Lessors, or the sole proprietor's designee who is authorized to receive payments for the lease, designated as Lease Payee. b. Internal communications that reference the Lessors and Lease Payees. AUTHORITIES FOR MAINTENANCE OF THE SYSTEM: 40 U.S.C. Chapters 5, 31, and 33. PURPOSE: To establish and maintain a system for tracking and administering leased property. ROUTINE USES OF THE SYSTEM RECORDS, INCLUDING CATEGORIES OF USERS AND THEIR PURPOSES FOR USING THE SYSTEM: System information may be accessed and used by authorized GSA employees or contractors in the conduct of official duties associated with the tracking and administration of leased property. The information may be shared with the GSA real property management systems Rent Estimate, Business Information Solution, Occupancy Agreement Tool, and Data Gateway. Information from this system also may be disclosed as a routine use: a. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. b. To a Federal, State, local, or foreign agency responsible for investigating, prosecuting, enforcing, or carrying out a statute, rule, regulation, or order when GSA becomes aware of a violation or potential violation of civil or criminal law or regulation. c. To duly authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. d. To the Office of Personnel Management
(OPM)and the Government Accountability Office
(GAO)when the information is required for evaluation of the program. e. To a Member of Congress or his or her staff on behalf of and at the request of the individual who is the subject of the record. f. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. g. To the National Archives and Records Administration
(NARA)for records management purposes. h. To appropriate agencies, entities, and persons when
(1)The Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF SYSTEM RECORDS: STORAGE: Information may be collected on paper or electronically and may be stored on paper or on electronic media, as appropriate. Electronic records are kept on server hard drives and/or CD-ROM. RETRIEVABILITY: Records are retrievable by a lessor's or designee's name and/or TIN. SAFEGUARDS: System records are safeguarded in accordance with the requirements of the Privacy Act, the Computer Security Act, and the STAR System Security Plan. Technical, administrative, and personnel security measures are implemented to ensure confidentiality and integrity of the system data that is stored, processed, and transmitted. Paper records are stored in secure cabinets or rooms. Electronic records are protected by passwords and other appropriate security measures. RETENTION AND DISPOSAL: Disposition of records is according to the National Archives and Records Administration
(NARA)guidelines, as set forth in the GSA Records Maintenance and Disposition System handbooks OAD P 1820.2A and CIO P 1820.1, and authorized GSA records schedules. SYSTEM MANAGER AND ADDRESS: STAR Program Manager, Systems Development Division (PGAB), Office of Technology Capital Asset Management, Room 5217, General Services Administration, 1800 F Street, NW., Washington, DC 20405-0001. NOTIFICATION PROCEDURES: An individual may obtain information on whether the system contains his or her record by addressing a request to the STAR Program Manager at the above address. RECORD ACCESS PROCEDURES: Requests from individuals for access to their records should be addressed to the STAR Program Manager at the above address. CONTESTING RECORD PROCEDURES: GSA rules for access to systems of records, for contesting the contents of systems of records, and for appealing initial determinations are published in the **Federal Register** , 41 CFR part 105-64. RECORD SOURCE CATEGORIES: Information is obtained from individuals who are sole proprietor property owners or individuals who are designated to receive lease payments. [FR Doc. E8-8921 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov* . ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/GOVT-3 SYSTEM NAME: Travel Charge Card Program. SYSTEM LOCATION: This system of records is located in the finance office of the local installation of the Federal agency for which an individual has traveled. Records necessary for a contractor to perform under a contract are located at the contractor's facility. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals covered by the system are current Federal employees who have their own government assigned charge card and all other Federal employees and authorized individuals who use a Federal account number for travel purposes. CATEGORIES OF RECORDS IN THE SYSTEM: Records include name, address, Social Security Number, date of birth, employment information, telephone numbers, information needed for identification verification, travel authorizations and vouchers, charge card applications, charge card receipts, terms and conditions for use of charge cards, and monthly reports from contractor(s) showing charges to individual account numbers, balances, and other types of account analyses. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 5707 and implementing Federal Travel Regulation, 41 CFR 300-304; 5 U.S.C. 5738; E.O. 11609; 36 CFR 13747 (1971); 31 U.S.C. 1348; Public Law 107-56 Sec. 326. PURPOSE(S): To assemble in one system information to provide government agencies with:
(1)Necessary information on the commercial travel and transportation payment and expense control system, which provides travelers charge cards and the agency an account number for official travel and related travel expenses on a worldwide basis;
(2)attendant operational and control support; and
(3)management information reports for expense control purposes. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: a. To disclose information to a Federal, State, local, or foreign agency responsible for investigating, prosecuting, enforcing, implementing, or carrying out a statute, rule, regulation, or order, where an agency becomes aware of a violation or potential violation of civil or criminal law or regulation. b. To disclose information to a Member of Congress or a congressional staff member in response to an inquiry made at the request of the individual who is the subject of the record. c. To disclose information to the contractor in providing necessary information for issuing credit cards. d. To disclose information to a requesting Federal agency in connection with hiring or retaining an employee; issuing a security clearance; reporting an employee investigation; clarifying a job; letting a contract; or issuing a license, grant, or other benefit by the requesting agency where the information is relevant and necessary for a decision. e. To disclose information to an appeal, grievance, or formal complaints examiner; equal employment opportunity investigator; arbitrator; exclusive representative; or other official engaged in investigating, or settling a grievance, complaint, or appeal filed by an employee. f. To disclose information to officials of labor organizations recognized under Pub. L. 95-454, when necessary to their duties of exclusive representation on personnel policies, practices, and matters affecting working conditions. g. To disclose information to a Federal agency for accumulating reporting data and monitoring the system. h. To disclose information in the form of listings, reports, and records of all common carrier transactions including refunds and adjustments to an agency by the contractor to enable audits of carrier charges to the Federal government. i. To appropriate agencies, entities, and persons when
(1)The Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. j. To a Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; the letting of a contract; or the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. k. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), or the Government Accountability Office
(GAO)when the information is required for program evaluation purposes. l. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. m. To the National Archives and Records Administration
(NARA)for records management purposes. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records are stored in file folders. Electronic records are stored within a computer and associated equipment. RETRIEVABILITY: Records are filed by name, Social Security Number, and/or credit card number. SAFEGUARDS: Paper records are stored in lockable file cabinets or secured rooms. Electronic records are protected by passwords, access codes, and entry logs. There is restricted access to credit card account numbers, and information is released only to authorized users and officials on a need-to-know basis. RETENTION AND DISPOSAL: Records are kept for 3 years and then destroyed, as required by the General Records Retention Schedules issued by the National Archives and Records Administration (NARA). SYSTEM MANAGER AND ADDRESS: Assistant Commissioner, Office of Acquisition (FC), Federal Supply Service, General Services Administration, Crystal Mall Building 4, 1941 Jefferson Davis Highway, Arlington, VA 22202. NOTIFICATION PROCEDURE: Inquiries by individuals should be addressed to the Finance Officer of the agency for which they traveled. RECORD ACCESS PROCEDURES: Requests from individuals should be addressed to the Finance Officer of the agency for which they traveled. Individuals must furnish their full name and the authorizing agency and its component to facilitate the location and identification of their records. CONTESTING RECORD PROCEDURE: Individuals wishing to request amendment of their records should contact the Finance Officer of the agency for which they traveled. Individuals must furnish their full name and the authorizing agency and component for which they traveled. RECORD SOURCE CATEGORIES: Charge card applications, monthly reports from the contractor, travel authorizations and vouchers, credit card companies, and data interchanged between agencies. [FR Doc. E8-8922 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/GOVT-4 SYSTEM NAME: Contracted Travel Services Program. SYSTEM LOCATION: System records are located at the service providers under contract with a Federal agency and at the Federal agencies using the contracts. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals covered by the system are Federal employees authorized to perform official travel, and individuals being provided travel by the Federal government. CATEGORIES OF RECORDS IN THE SYSTEM: System records include a traveler's profile containing: Name of individual; Social Security Number; employee identification number; home and office telephones; home address; home and office e-mail addresses; emergency contact name and telephone number; agency name, address, and telephone number; air travel preference; rental car identification number and car preference; hotel preference; current passport and/or visa number(s); credit card numbers and related information; bank account information needed for electronic funds transfer; frequent traveler account information (e.g., frequent flyer account numbers); trip information (e.g., destinations, reservation information); travel authorization information; travel claim information; monthly reports from travel agent(s) showing charges to individuals, balances, and other types of account analyses; and other official travel related information. AUTHORITIES FOR MAINTENANCE: 31 U.S.C. 3511, 3512, and 3523; 5 U.S.C. Chapter 57; and implementing Federal Travel Regulations (41 CFR parts 300-304). PURPOSE: To establish a comprehensive beginning-to-end travel services system containing information to enable travel service providers under contract to the Federal government to authorize, issue, and account for travel and travel reimbursements provided to individuals on official Federal government business. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: INFORMATION IN THE SYSTEM MAY BE DISCLOSED AS A ROUTINE USE AS FOLLOWS: a. To a Federal, State, local, or foreign agency responsible for investigating, prosecuting, enforcing, or carrying out a statute, rule, regulation, or order, where agencies become aware of a violation or potential violation of civil or criminal law or regulation. b. To another Federal agency or a court when the Federal government is party to a judicial proceeding. c. To a Member of Congress or staff on behalf and at the requests of the individual who is the subject of the record. d. To a Federal agency employee, expert, consultant, or contractor in performing a Federal duty for purposes of authorizing, arranging, and/or claiming reimbursement for official travel, including, but not limited to, traveler profile information. e. To a credit card company for billing purposes, including collection of past due amounts. f. To an expert, consultant, or contractor in the performance of a Federal duty to which the information is relevant. g. To a Federal agency by the contractor in the form of itemized statements or invoices, and reports of all transactions, including refunds and adjustments to enable audits of charges to the Federal government. h. To a Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; the letting of a contract; or the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. i. To an authorized appeal or grievance examiner, formal complaints examiner, equal employment opportunity investigator, arbitrator, or other duly authorized official engaged in investigation or settlement of a grievance, complaint, or appeal filed by an employee to whom the information pertains. j. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), or the Government Accountability Office
(GAO)when the information is required for program evaluation purposes. k. To officials of labor organizations recognized under 5 U.S.C. chapter 71 when relevant and necessary to their duties of exclusive representation concerning personnel policies, practices, and matters affecting working conditions. l. To a travel services provider for billing and refund purposes. m. To a carrier or an insurer for settlement of an employee claim for loss of or damage to personal property incident to service under 31 U.S.C. Sec. 3721, or to a party involved in a tort claim against the Federal government resulting from an accident involving a traveler. n. To a credit reporting agency or credit bureau, as allowed and authorized by law, for the purpose of adding to a credit history file when it has been determined that an individual's account with a creditor with input to the system is delinquent. o. Summary or statistical data from the system with no reference to an identifiable individual may be released publicly. p. To the National Archives and Records Administration
(NARA)for records management purposes. q. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, REVIEWING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records are stored in file cabinets. Electronic records are maintained within a computer (e.g., PC, server, etc.) and attached equipment. RETRIEVABILITY: Paper records are filed by a traveler's name and/or Social Security Number/ employee identification number at each location. Electronic records are retrievable by any attribute of the system. SAFEGUARDS: Paper records are stored in lockable file cabinets or secured rooms. Electronic records are protected by a password system and a FIPS 140-2 compliant encrypted Internet connection. Information is released only to authorized users and officials on a need-to-know basis. RETENTION AND DISPOSAL: Records kept by a Federal agency are maintained in accordance with the General Records Retention Schedules issued by the National Archives and Records Administration (NARA). SYSTEM MANAGER AND ADDRESS: Assistant Commissioner, Office of Transportation and Property Management (FB), Federal Acquisition Service, General Services Administration, Room 300, 2200 Crystal Drive, Arlington, VA 20406. NOTIFICATION PROCEDURE: Inquiries from individuals should be addressed to the appropriate administrative office for the agency that is authorizing and/or reimbursing their travel. RECORDS ACCESS PROCEDURES: Requests from individuals should be addressed to the appropriate administrative office for the agency that is authorizing and/or reimbursing their travel. Individuals must furnish their full name and/or Social Security Number to the authorizing agency for their records to be located and identified. CONTESTING RECORD PROCEDURES: Individuals wishing to request amendment of their records should contact the appropriate administrative office for the agency that authorized and/or reimbursed their travel. Individuals must furnish their full name and/or Social Security Number along with the name of the authorizing agency, including duty station where they were employed at the time travel was performed. RECORD SOURCES CATEGORIES: The sources are the individuals themselves, employees, travel authorizations, credit card companies, and travel service providers. [FR Doc. E8-8923 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide review of its Privacy Act systems of records. As a result of the review, GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/Childcare-1 SYSTEM NAME: Child Care Subsidy. SYSTEM LOCATION: This system of records is maintained by the Office of the Chief Human Capital Officer (C), 1800 F Street, NW., Washington, DC. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: The individuals in the system are employees of the General Services Administration who voluntarily apply for child care subsidies. CATEGORIES OF RECORDS IN THE SYSTEM: Application forms for child care subsidy containing personal information, including employee (parent) name, Social Security Number, grade, home and work numbers, addresses, telephone numbers, total income, number of dependent children, and number of children on whose behalf the parent is applying for a subsidy; information on child care providers used, including name, address, provider license number and State where issued, tuition cost, and provider tax identification number; and copies of IRS Forms 1040 and 1040A for verification purposes. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Public Law 106-58 and E.O. 9397. PURPOSE: To establish and verify GSA employees' eligibility for child care subsidies in order for GSA to provide monetary assistance to its employees. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Information from this system may be disclosed as a routine use: a. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. b. To authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. c. To a Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; the letting of a contract; of the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. d. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), or the Government Accountability Office
(GAO)when the information is required for program evaluation purposes. e. To a Member of Congress or staff on behalf of and at the request of the individual who is the subject of the record. f. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. g. To the National Archives and Records Administration
(NARA)for records management purposes. h. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Information may be collected on paper or electronically and may be stored as paper forms or on computers. RETRIEVABILITY: By name; may also be cross-referenced to Social Security Number. SAFEGUARDS: When not in use by an authorized person, paper records are stored in lockable metal file cabinets or secured rooms. Electronic records are protected by the use of passwords. RETENTION AND DISPOSAL: Disposition of records is according to the National Archives and Records Administration
(NARA)guidelines, as set forth in the handbook, GSA Records Maintenance and Disposition System (OAD P 1820.2) and authorized GSA records schedules. SYSTEM MANAGER AND ADDRESS: Office of the Chief Human Capital Officer (C), Office of Human Capital Management (CH), General Services Administration, 1800 F Street, NW., Washington, DC 20405. NOTIFICATION PROCEDURE: Individuals may submit a request on whether a system contains records about them to: Office of the Chief People Officer (C), General Services Administration, 1800 F Street, NW., Washington, DC 20405. RECORD ACCESS PROCEDURES: Requests from individuals for access to their records should be addressed to the system manager. CONTESTING RECORD PROCEDURES: GSA rules for access to systems of records, contesting the contents of systems of records, and appealing initial determinations are published in the **Federal Register** , 41 CFR part 105-64. RECORD SOURCE CATEGORIES: Information is provided by GSA employees who apply for child care subsidies. Furnishing of the information is voluntary. [FR Doc. E8-8924 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov* . ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/PPFM-7 SYSTEM NAME: Credit Data on Individual Debtors. SYSTEM LOCATION: Records are located at the following GSA Central Office and Regional addresses of the GSA Office of Finance: • GSA Building, 1800 F Street, NW., Washington, DC 20405. • Bannister Complex, 1500 East Bannister Road, Kansas City, MO 64131. • Fritz G. Lanham Federal Building, 819 Taylor Street, Fort Worth, TX 76102. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals covered include employees, former employees, and other individuals who are indebted to GSA or any other agency or department of the United States; a State, territory or commonwealth of the United States, or the District of Columbia (hereinafter collectively referred to as “States”); or individuals that may become indebted to GSA or another agency or department of the United States as the result of a privately owned vehicle
(POV)being involved in an accident with a GSA Fleet vehicle. CATEGORIES OF RECORDS IN THE SYSTEM: The records may contain information from commercial and agency investigative reports showing debtors' assets, liabilities, income, and expenses; identifying information, such as names and taxpayer identification numbers
(TINs)(i.e., Social Security Numbers or employer identification numbers); debtor contact information, such as work and home address, and work and home telephone numbers; and name of employer and employer address. The records for claims against nongovernmental individuals (i.e., claims arising from vehicle accidents) may contain information on privately owned vehicles (POVs), including, but not limited to:
(a)The owner, year, make, model, tag number and State of the vehicle; and
(b)the driver's or owner's insurance company information, including name, address, telephone number and policy number. Debts include unpaid taxes, loans, assessments, fines, fees, penalties, overpayments, advances, extensions of credit from sales of goods or services, third-party claims, and other amounts of money or property owed to, or collected by, GSA, any other Federal entity or a State, including past-due support that is being enforced by a State. The records also may contain information about:
(a)The debt, such as the original amount of the debt, the debt account number, the date of debt origination, the amount of delinquency or default, date of delinquency or default, the basis for the debt, the amounts accrued for interest, penalties, and administrative costs; and the payments on the account;
(b)actions taken to collect or resolve the debt, such as demand letters or invoices sent, documents or information required for referral of accounts to collection agencies, to other Federal entities, or for litigation, and notes taken regarding telephone or other communications related to the collection or resolution of the debt; and
(c)the referring or collecting governmental entity that is collecting or is owed the debt, such as the name, telephone number, and address of the governmental entity contact. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 5514, 31 U.S.C. 3701 and 3702, 31 U.S.C. 3711 *et seq.,* 31 U.S.C. 6503, and 26 U.S.C. 6402. Purpose: The purpose of the system is to assemble and maintain information on individuals who are indebted to GSA, other Federal entities, and States for the purpose of effecting enforced collections from the debtors, including past-due support enforced by States. The information contained in the records is maintained for the purpose of taking action to facilitate collection and resolution of debts using various methods, including, but not limited to, requesting repayment of debt by telephone or in writing, pursuing offset, levy, administrative wage garnishment, centralized salary offset, referral to collection agencies or litigation, and using other collection or resolution methods authorized or required by law. The information is also maintained for the purpose of providing collection information about the debt to other Federal entities or States collecting the debt, providing statistical information on debt collection operations, and testing and developing enhancements to computer systems containing the records. ROUTINE USES OF THE SYSTEM OF RECORDS, INCLUDING CATEGORIES OF THE USERS AND THEIR PURPOSE FOR USING THE SYSTEM: In addition to the disclosures permitted under subsection
(b)of the Privacy Act, 5 U.S.C. 552a(b), GSA may disclose information contained in this system of records without the consent of the subject individual if the disclosure is compatible with the purpose for which the record was collected under the following routine uses: a. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. b. To authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. c. To a Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; the letting of a contract; or the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. d. To any Federal agency where the debtor is employed or receiving some form of remuneration for the purpose of enabling that agency to collect a debt owed the Federal government on GSA's behalf. GSA may negotiate with the debtor for voluntary repayment or may initiate administrative or salary offset procedures or other authorized debt collection methods under the provisions of the Debt Collection Act of 1982, 5 U.S.C. 5514, or the Debt Collection Improvement Act of 1996, 31 U.S.C. 3701 *et seq.* e. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), or the Government Accountability Office
(GAO)when the information is required for program evaluation purposes. f. To any Federal, State or local agency, U.S. Territory or commonwealth, or the District of Columbia, or their agents or contractors, including private collection agencies (consumer and commercial):
(1)To facilitate the collection of debts through the use of any combination of various debt collection methods required or authorized by law, including, but not limited to: Requests for repayment by telephone or in writing; negotiation of voluntary repayment or compromise agreements; offsets of Federal payments, which may include the disclosure of information contained in the records for the purpose of providing the debtor with appropriate pre-offset notice and to otherwise comply with offset prerequisites, to facilitate voluntary repayment in lieu of offset, and to otherwise effectuate the offset process; referral of debts to private collection agencies, to Treasury-designated debt collection centers, or for litigation; obtaining administrative and court-ordered wage garnishment; conducting debt sales; publishing names and identities of delinquent debtors in the media or other appropriate places; creating a Centralized Salary Offset program; and pursuing any other debt collection method authorized by law.
(2)To conduct computerized comparisons to locate Federal payments to be made to debtors.
(3)To conduct authorized computer matching programs in compliance with the Privacy Act of 1974, as amended, 5 U.S.C. 552a, to identify and locate individuals receiving Federal payments (including but not limited to salaries, wages and benefits), which may include the disclosure of information contained in the records for the purpose of requesting voluntary repayment or implementing Federal employee salary offset or other offset procedures.
(4)To collect a debt owed to GSA, another Federal entity, or State through the offset of payments made by States, territories, commonwealths, or the District of Columbia.
(5)To account for or report on the status of debts for which such entity has a financial or other legitimate need for the information in the performance of official duties.
(6)To deny Federal financial assistance in the form of loans or loan guarantees to an individual who owes a delinquent debt to GSA or another Federal entity or who owes delinquent child support that has been referred to GSA for collection by administrative offset.
(7)To develop, enhance, and/or test databases, matching communications, or other computerized systems that facilitate debt collection processes.
(8)To provide assistance with any other appropriate debt collection purpose. g. To a Member of Congress or staff on behalf of and at the request of the individual who is the subject of the record. h. To any individual or entity:
(1)To facilitate the collection of debts through the use of any combination of various debt collection methods required or authorized by law, including, but not limited to: pursuing administrative or court-ordered wage garnishment; reporting information to commercial credit bureaus; conducting asset searches; publishing the names and identities of delinquent debtors in the media or other appropriate places; conducting debt sales; or initiating Centralized Salary Offsets.
(2)To deny Federal financial assistance in the form of loans or loan guarantees to an individual who owes a delinquent debt to the United States or delinquent child support that has been referred to GSA for collection by administrative offset.
(3)To pursue any other appropriate debt collection purpose, such as to credit reporting agencies or credit bureaus for the purpose of adding to a credit history file or obtaining a credit history file or comparable credit information for use in debt collection. As authorized by the Debt Collection Improvement Act of 1996, 31 U.S.C. 3701 *et seq.,* GSA may report current (not delinquent) and delinquent consumer or commercial debts to these entities to aid the collection of debts, typically by providing an incentive to the person to repay the debt in a timely manner. GSA may report on delinquent debts to the Department of Housing and Urban Development's Credit Alert Interactive Voice Response System (CAIVRS). i. To the Internal Revenue Service and applicable State and local governments for tax reporting purposes. Under the provisions of the Debt Collection Improvement Act of 1996, 31 U.S.C. 3701 *et seq.* , GSA is permitted to provide the Department of Treasury with Form 1099-C information on canceled or forgiven debts so that the Department of Treasury may file the form on GSA's behalf with the IRS. W-2 and 1099 Forms contain information on items to be considered as income to an individual, including payments to persons not treated as employees (e.g., fees paid to consultants and experts) and amounts written-off as legally or administratively uncollectible in whole or in part. j. To banks enrolled in the Treasury Credit Card Network to collect a payment or debt when the individual has given his or her credit card number for this purpose. k. To the Department of Treasury or other Federal agency with whom GSA has entered into an agreement establishing the terms and conditions for debt collection cross servicing operations on behalf of GSA to satisfy, in whole or in part, debts owed to the United States. Cross servicing includes the possible use of all debt collections tools such as administrative offset, referral to debt collection contractors, and referral to the Department of Justice. l. To the Department of Treasury, government corporations, State or local agencies, or other Federal agencies to conduct computer matching programs for the purpose of identifying and locating individuals who are receiving Federal salaries or benefit payments and are delinquent in their repayment of debts owed to the United States under certain programs administered by the GSA in order to collect the debts under the provisions of the Debt Collection Act of 1982, as amended, 5 U.S.C. 5514, or the Debt Collection Improvement Act of 1996, 31 U.S.C. 3701 *et seq.* , by voluntary payment or administrative or salary offset procedures. m. To the National Archives and Records Administration
(NARA)for records management purposes. n. To or from the Department of Treasury for the purpose of allowing the GSA National Payroll Center
(NPC)to participate in the Centralized Salary Offset
(CSO)program, or similar offset program. Agencies must notify the Department of Treasury of all delinquent debts over 180 days past due so that recovery may be made by centralized administrative offset. This includes debts that GSA seeks to recover from the pay account of an employee of another agency by salary offset, or by another agency seeking recovery from a GSA employee, including client agency employees, by salary offset. o. To or from another agency or department of the United States when a GSA Fleet vehicle has been involved in an accident with an individual or commercial POV. Disclosure to consumer reporting agencies: Disclosures pursuant to 5 U.S.C. 552a(b)(12) may be made from this system to consumer reporting agencies as defined in the Fair Credit Reporting Act, 15 U.S.C. 1681a(f), or the Federal Claims Collection Act of 1966, as amended, 31 U.S.C. 3701(a)(3) and 3711(e). p. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. q. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records are maintained in file folders and/or boxes and stored in lockable filing cabinets or file room until archived at NARA, or in electronic form in computers or other electronic media. RETRIEVABILITY: Records are maintained by name and claim number and are cross-referenced with the Social Security Number (when available). SAFEGUARDS: Records are stored in guarded buildings and/or in areas controlled by authorized personnel. Computer files are protected by the use of passwords and other appropriate security measures. RETENTION AND DISPOSAL: Records for files submitted to the Financial Management Service for cross servicing per the Debt Collection Act of 1996 are maintained on site for the time period at FMS (up to 10 years). Records for closed files are sent to the National Archives and Records Administration and are retained for 6 years and 3 months. SYSTEM MANAGER AND ADDRESS: Deputy Chief Financial Officer, Office of Financial Policy and Operations, General Services Administration, 1800 F Street, NW., Washington, DC 20405. NOTIFICATION PROCEDURE: Inquiries by individuals under the Privacy Act of 1974, as amended (5 U.S.C. 552a) regarding claims pertaining to themselves should be addressed to the system manager. All individuals making inquiries should provide as much descriptive information as possible to identify the particular record desired. The system manager will advise as to whether GSA maintains the records requested by the individual. RECORD ACCESS PROCEDURES: Requests from individuals for access to records should be addressed to the system manager and should include the individual's name and address. CONTESTING RECORD PROCEDURES: GSA rules for contesting the contents of the records and for appealing initial determinations are promulgated in 41 CFR 105.64. RECORD SOURCE CATEGORIES: Information in this system is obtained from individual debtors; credit bureaus; agency investigative reports; other GSA systems of records; Federal and State agencies to which debts are owed; Federal employing agencies and other entities that employ the individual; Federal and State agencies issuing payments; collection agencies; locator and asset search companies; Federal, State or local agencies furnishings identifying information and/or addresses of debtors; or from public documents. [FR Doc. E8-8925 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/PPFM-6 SYSTEM NAME: Employee Credit Reports. SYSTEM LOCATION: The system is located in the General Services Administration, Heartland Finance Center, Financial Information Control Division, 1500 East Bannister Road, Kansas City, MO 64131. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Present and former employees and/or contractors who have refused to abide by the terms of their training agreement or other employment-related contracts, and thereby have incurred a liability to the Government. When appropriate, similar information is gathered on their spouses. CATEGORIES OF RECORDS IN THE SYSTEM: Information that may be stored includes but is not limited to, name and address, age, number of dependents, name of employer, nature of business, position held/time held, full or part-time employment, net worth and what it consists of, annual earned income, other income, reputation, credit record, financial records, and personal history. The records are used in GSA to investigate employees who default on employment-related contracts. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 31 U.S.C. 3711(e). PURPOSE: To assemble and maintain information on individuals who are indebted to GSA and other Federal entities for the purpose of effecting enforced collections from the debtors. The information contained in the records is maintained for the purpose of taking action to facilitate collection and resolution of debts using various methods, including, but not limited to, requesting repayment of debt by telephone or in writing, pursuing offset, administrative wage garnishment, centralized salary offset, referral to collection agencies or litigation, and using other collection or resolution methods authorized or required by law. The information is also maintained for the purpose of providing collection information about the debt to other Federal entities collecting the debt, and providing statistical information on debt collection operations. ROUTINE USES OF THE SYSTEM RECORDS, INCLUDING CATEGORIES OF USERS AND THEIR PURPOSE FOR USING THE SYSTEM: a. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. b. To authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. c. To a Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; the letting of a contract; or the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. d. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), or the Government Accountability Office
(GAO)when the information is required for program evaluation purposes. e. To a Member of Congress or staff on behalf of and at the request of the individual who is the subject of the record. f. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. g. To the National Archives and Records Administration
(NARA)for records management purposes. h. To appropriate agencies, entities, and persons with
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: The paper records are maintained in file folders and/or boxes and stored in filing cabinets or file room until archived at NARA, or in electronic form in computers or other electronic media. RETRIEVABILITY: Records are retrieved by name or by identifying number. SAFEGUARDS: Records are stored in guarded buildings and/or in areas controlled by authorized personnel. Computer files are protected by the use of passwords and other appropriate security measures. Only persons given authority to do so handle this information. RETENTION AND DISPOSAL: The records are disposed of as scheduled in the handbook GSA Records Maintenance and Disposition System (CIO P 1820.1). SYSTEM MANAGER AND ADDRESS: Director, Financial Information Control Division (6BCD), Heartland Finance Center, 1500 East Bannister Road, Kansas City, MO 64131. NOTIFICATION PROCEDURE: Obtain this information from the office named above. RECORD ACCESS PROCEDURES: See 41 CFR, part 105-64 for the procedures. RECORD SOURCE CATEGORIES: Credit companies, individuals, employers/supervisors, former employers, banks, and GSA credit investigators. [FR Doc. E8-8928 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: Telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/OAP-5 SYSTEM NAME: Federal Acquisition Institute
(FAI)Online University. SYSTEM LOCATION: The system is managed by the Federal Acquisition Institute, located at 9820 Belvoir Road, Fort Belvoir VA 22060-5565. Contact the system manager for additional information. SYSTEM LOCATION: Individuals, public or private, who use the FAI Online University resources and who register for or take the online courses. CATEGORIES OF RECORDS IN THE SYSTEM: The system maintains a record of an individual and his/her course progress while attending online courses. Required information consists of name and e-mail. Additional information is voluntarily provided and may include: a. Contact data (home or business address including city, state, zip code, and country; and home or business telephone and fax number). b. Work-related information, including affiliated organization, business telephone, business fax number, and manager's e-mail. c. Training records, including course type selection, course progress, and course start/completion dates. AUTHORITIES FOR MAINTENANCE OF THE SYSTEM: 40 U.S.C. Chapters 5, 31, and 33; Title 5 U.S.C. 4101, *et seq.;* E.O. 11348, as amended; E.O. 13111; and the Federal Procurement Policy Act (Pub. L. 93-400, as amended). PURPOSE: To maintain a system for providing acquisition and procurement training in order to promote the development of a professional Federal acquisition workforce, ensure availability of exceptional training, and improve Federal acquisition workforce management. ROUTINE USES OF THE SYSTEM RECORDS, INCLUDING CATEGORIES OF USERS AND THEIR PURPOSES FOR USING THE SYSTEM: System information may be accessed and used by authorized FAI employees, System Administrators, and contractors in the conduct of their official duties associated with tracking and administering training record and for system management purposes. In addition, information from this system may be disclosed as a routine use: a. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. b. To a Federal, State, local, or foreign agency responsible for investigating, prosecuting, enforcing, or carrying out a statute, rule, regulation, or order when GSA becomes aware of a violation or potential violation of a civil or criminal law or regulation. c. To duly authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. d. To the Office of Personnel Management
(OPM)and the Government Accountability Office
(GAO)when the information is required for evaluation of the program. e. To a Member of Congress or his or her staff on behalf of and at the request of the individual who is the subject of the record. f. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. g. To the National Archives and Records Administration
(NARA)for records management purposes. h. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETRAINING, AND DISPOSING OF SYSTEM RECORDS: STORAGE: Information is electronically collected and stored on hard drives. RETRIEVABILITY: Records are retrievable by name. SAFEGUARDS: System records are safeguarded in accordance with the requirements of the Privacy Act and the Computer Security Act. Technical, administrative, and personnel security measures are implemented to ensure confidentiality and integrity of the system data that is stored, processed, and transmitted. Records are protected by passwords and other appropriate security measures. RETENTION AND DISPOSAL: Disposition of records is according to the National Archives and Records Administration
(NARA)guidelines, as set forth in the GSA Records Maintenance and Disposition System handbooks OAD P 1820.2A and CIO P 1820.1, and authorized GSA records schedules. SYSTEM MANAGER AND ADDRESS: Director, Federal Acquisition Institute, c/o Defense Acquisition University, 9820 Belvoir Road, Fort Belvoir, VA 22060-5565. NOTIFICATION PROCEDURES: An individual may obtain information on whether the system contains his or her record by sending the request to Director, Federal Acquisition Institute, c/o Defense Acquisition University, 9820 Belvoir Road, Fort Belvoir, VA 22060-5565. RECORD ACCESS PROCEDURES: Individuals may access their own records using their own password. Requests from individuals for access to their records also may be requested from FAI by writing to the above address. CONTESTING RECORD PROCEDURES: GSA rules for access to systems of records, for contesting the contents of systems of records, and for appealing initial determinations are published in the **Federal Register** , 41 CFR part 105-64. RECORD SOURCE CATEGORIES: Information is obtained from individuals who register with FAI Online University. [FR Doc. E8-8929 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: Telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/PPFM-3 SYSTEM NAME: Travel System. SYSTEM LOCATION: The system of records is located in the General Services Administration
(GSA)Central Office, service and staff offices and administrative offices throughout GSA. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: GSA current and former employees and travelers of commissions, committees, and small agencies serviced by GSA, including persons other than full-time employees authorized to travel on Government business. CATEGORIES OF RECORDS IN THE SYSTEM: The system provides control over the expenditure of funds for travel, relocation, and related expenses. Therefore, provisions are made to authorize travel and relocation, provide and account for advances, and to pay for travel and relocation costs. The system contains records that may include, but are not limited to, name, Social Security Number, date of birth, residence address, dependents' names and ages, duty stations, itinerary and credit data in the form of credit scores (examples of credit scores are FICO, an acronym for Fair Isaac Corporation, a Beacon score, etc.) or commercial and agency investigative reports showing debtors' assets, liabilities, income, expenses, bankruptcy petitions, history of wage garnishments, repossessed property, tax liens, legal judgments on debts owed, and financial delinquencies. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 5701-5709, 5 U.S.C. 5721-5739, and Section 639 of the Consolidated Appropriations Act, 2005 (Pub. L. 108-447). PURPOSE: To assemble in one system information supporting the day-to-day operating needs associated with managing the GSA travel and relocation programs. The system includes an automated information system and supporting documents. ROUTINE USES OF THE SYSTEM RECORDS, INCLUDING CATEGORIES OF USERS AND THEIR PURPOSE FOR USING THE SYSTEM: System information may be accessed and used by authorized GSA employees or contractors to conduct official duties associated with the management and operation of the travel and relocation program. Information from this system also may be disclosed as a routine use: a. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. b. To authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. c. To a Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; the letting of a contract; or the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. d. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), or the Government Accountability Office
(GAO)when the information is required for program evaluation purposes. e. To a Member of Congress or staff on behalf of and at the request of the individual who is the subject of the record. f. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. g. To the National Archives and Records Administration
(NARA)for records management purposes. h. To the Office of Management and Budget in connection with reviewing private relief legislation at any stage of the coordination and clearance process. i. To banking institutions so that travelers may receive travel reimbursements by electronic funds transfer (EFT). j. To the Department of the Treasury regarding overseas travel allowances that are excluded from taxable income, so that reports can be compiled and submitted to the Congress. k. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records are stored in file folders and/or boxes and stored in cabinets or file room until archived at NARA; magnetic tapes and cards are stored in cabinets and storage libraries; and computer records are stored within computers and attached equipment or other electronic media. RETRIEVABILITY: Paper records are filed by name or by identifying number. Electronic records are retrievable by name, vendor number (an identifier assigned by GSA to all payees, including companies and individuals), or Social Security Number. SAFEGUARDS: System records are safeguarded in accordance with the requirements of the Privacy Act, the Computer Security Act, and OMB Circular A130. Technical, administrative, and personnel security measures are implemented to ensure confidentiality and integrity of the system data stored, processed, and transmitted. Paper records are stored in secure cabinets or rooms. Electronic records are protected by passwords and other appropriate security measures. DISPOSAL: The agency disposes of the records as described in the HB, GSA Records Maintenance and Disposition System (CIO P 1820.1). SYSTEM MANAGER AND ADDRESS: Director, Financial Initiative Division (BCD), Office of Financial Policy and Operations, Office of the Chief Financial Officer, General Services Administration, 1800 F Street, NW., Washington DC, 20405. NOTIFICATION PROCEDURE: Employees may obtain information about whether they are a part of this system of records from the system manager at the above address. RECORD ACCESS PROCEDURES: Requests from individuals for access to their records should be addressed to the system manager. CONTESTING RECORD PROCEDURES: GSA rules for access to systems of records, contesting the contents of systems of records, and appealing initial determinations are published at 41 CFR Part 105-64. RECORD SOURCE CATEGORIES: The sources are individuals, other employees, supervisors, other agencies, management officials, and non-Federal sources such as private firms. [FR Doc. E8-8930 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/PPFM-1 SYSTEM NAME: Disbursement and Accounts Payable Files. SYSTEM LOCATION: System records are located in GSA's finance centers and other locations as follows: • Heartland Finance Center, 1500 East Bannister Road, Kansas City, MO 64131. • Greater Southwest Finance Center, 819 Taylor Street, Fort Worth, TX 76102. • Office of the Chief Financial Officer, 1800 F Street, NW., Washington, DC 20405. • Service and Staff Offices throughout GSA. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: GSA employees; contractors and contractual or appointed experts and consultants. CATEGORIES OF RECORDS IN THE SYSTEM: The system provides for reporting each account's status. Records may include but are not limited to name, address, telephone number, vendor identification number, banking information and Social Security number. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 31 U.S.C. 3501 *et seq.;* 40 U.S.C. 311; 5 U.S.C. 3109. PURPOSE: To assemble in one system disbursement and accounts payable records to GSA employees, contractors and other experts and consultants procured by contract or by appointment. ROUTINE USES OF THE SYSTEM RECORDS, INCLUDING CATEGORIES OF USERS AND THEIR PURPOSE FOR USING THE SYSTEM: To the extent necessary, the records are available outside GSA to monitor and document adverse action proceedings and to advise on credit inquiries. The following routine uses also apply: a. In a legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. b. To authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. c. To a Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; the letting of a contract; or the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. d. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), or the Government Accountability Office
(GAO)when the information is required for program evaluation purposes. e. To a Member of Congress or staff on behalf of and at the request of the individual who is the subject of the record. f. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. g. To the National Archives and Records Administration
(NARA)for records management purposes. h. To the Office of Management and Budget in connection with reviewing private relief legislation at any stage of the coordination and clearance process. i. To the Department of Treasury and/or banking institutions so that payments may be made by electronic funds transfer (EFT). j. To the Department of Treasury so claims can be collected through cross servicing, Treasury Offset Program or the Centralized Salary Offset Program. k. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's effort to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records are maintained in file folders and/or boxes and stored in filing cabinets or file room until archived at NARA, or in electronic form in computers. RETRIEVABILITY: Records are retrieved by name or by identifying number. SAFEGUARDS: Records are stored in guarded buildings and/or in areas controlled by authorized personnel. Computer files are protected by the use of passwords and other appropriate security measures. RETENTION AND DISPOSAL: Disposition of records is in accordance with the Handbook, GSA Records Maintenance and Disposition System (CIO P 1820.1). SYSTEM MANAGER AND ADDRESS: Deputy Chief Financial Officer, Office of Financial Policy and Operations, General Services Administration, 1800 F Street, NW., Washington, DC 20405. NOTIFICATION PROCEDURE: Individuals may obtain information about whether they are part of this system of records from the system manager at the above address. RECORD ACCESS PROCEDURES: Requests to access records should be directed to the system manager at the above address. Inquiries should provide, as appropriate, full name, Social Security number, vendor number, address, telephone number, and the dates and transactions giving rise to the record. For identification requirements, refer to the agency regulations in 41 CFR part 105-64. CONTESTING RECORD PROCEDURES: GSA rules for access to records, and for contesting the contents and appealing initial determinations are provided in 41 CFR part 105-64. RECORD SOURCE CATEGORIES: The individuals themselves, employees, other agencies, management officials, and non-Federal sources such as private firms. [FR Doc. E8-8932 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/HRO-2 SYSTEM NAME: Employee Drug Abuse/Alcoholism Files. LOCATION: The system is located in the office of the private sector organizations or providers for the Employee Assistance Program
(EAP)who have contracted with the Office of Human Resources Services at GSA. The EAP office contacts are as follows: Central Office, Federal Occupational Health,
(800)222-0364. National Capital Region, Federal Occupational Health,
(800)222-0364. Northeast and Caribbean Region, Cooperative Administrative Support Program Consortia, Long Island and Queens:
(516)222-1221, New Jersey:
(201)402-1015, Puerto Rico and the Virgin Islands:
(809)763-6701 or
(800)981-5070, New York City:
(212)264-4673, New England:
(617)565-6533 or
(800)869-8867. Mid-Atlantic Region, Federal Occupational Health,
(800)222-0364. Southeast Sunbelt Region, Davine Sparks, LCSW,
(800)222-0364 or
(404)730-3237. Great Lakes Region, Federal Occupational Health,
(800)222-0364. The Heartland Region, Federal Occupational Health,
(800)222-0364. Greater Southwest Region, Federal Occupational Health,
(800)222-0364 or
(888)262-7848. Pacific Rim Region, North of Bakersfield: Linda Boone or Jean Taylor
(415)436-7448, South of Bakersfield: Joan Sexton
(213)894-0160 or Sandy Freed
(213)894-0153. New England Region, Services provided by a Consortia—Individual providers,
(617)565-6533 or
(800)869-8867. Rocky Mountain Region, Federal Occupational Health
(800)222-0364 or
(888)262-7848 (TTY). TYPES OF RECORDS IN THE SYSTEM: 1. Counseling and rehabilitation referrals. 2. Records of counseling and rehabilitation. AUTHORITY FOR MAINTAINING THE SYSTEM: Public Law 92-255 and 5 U.S.C. 7904. PURPOSE: To maintain an information system on employees suspected of abusing or known to abuse alcohol or another drug and for self-initiated referrals. ROUTINE USES OF THE RECORD SYSTEM, INCLUDING TYPES OF USERS AND THEIR PURPOSES IN USING IT: Disclosing information related to anyone with a history of alcohol or drug abuse is restricted by Alcohol and Drug Abuse Patient Records regulations, 42 CFR part 2. System information may be accessed and used by authorized Federal agency employees or contractors to conduct official duties. Information from this system also may be disclosed as a routine use: a. Documenting that the supervisor deals properly with an employee whose work is affected by alcohol abuse or other drug abuse. b. Communicating information to those who use it in performing their duties, such as a counselor, medical or health worker, an alcohol or other drug abuse program administrator, or a qualified service organization. c. Disclosing information to the Department of Justice or another Federal agency in defending a claim against the United States, when the claim is based on a person's mental or physical condition and is allegedly caused by GSA activities affecting the person. d. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. e. To authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. f. To a Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; the letting of a contract; or the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. g. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), or the Government Accountability Office
(GAO)when the information is required for program evaluation purposes. h. To a Member of Congress or staff on behalf of and at the request of the individual who is the subject of the record. i. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. j. To the National Archives and Records Administration
(NARA)for records management purposes. k. To appropriate agencies, entities, and persons when
(1)The Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records are kept in a file cabinet or in a drawer. RETRIEVABILITY: The records are filed alphabetically by name. SAFEGUARDS: When not in use by an authorized person, the records are stored in a locked metal file cabinet or in a secured room. RETENTION AND DISPOSAL: The records are kept for a year after the employee's last contact with a counselor or until the employee separates or transfers, whichever occurs first. If there is an EEO case, MSPB appeal, or arbitration, the records are kept for 3 years after the case is resolved. Records are destroyed by shredding or burning. SYSTEM MANAGER(S) AND ADDRESS: The Director, Human Capital Policy and Program Management Division (CHP), Office of Human Capital Management (CH), 1800 F Street, NW., Washington, DC 20405. NOTIFICATION PROCEDURE: An employee may obtain information as to whether he or she is part of the system of records from the immediate supervisor or the Director of Human Capital Policy and Program Management Division at the address above, whichever is appropriate. RECORD ACCESS PROCEDURE: A request to review a record related to you should be directed to the immediate supervisor or Director of Human Capital Policy and Program Management Division at the address above, whichever is appropriate. For the identification required, see 41 CFR part 105-64 published in the **Federal Register** . PROCEDURE TO CONTEST A RECORD: GSA rules to review the content of a record and appeal an initial decision are in 41 CFR part 105-64 published in the **Federal Register** . RECORD SOURCES: The supervisor(s), counselors, personnel specialists, and individual employee. [FR Doc. E8-8933 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail *gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/PBS-5 SYSTEM NAME: eLease. SYSTEM LOCATION: The system records and documents are maintained at the Enterprise Service Center of the GSA Public Buildings Service (PBS). Contact the System Manager for additional information. SYSTEM LOCATION: The system maintains information on individuals, as well as businesses, who have made an offer on a PBS lease solicitation or who have entered into a contract with PBS regarding a building lease. CATEGORIES OF RECORDS IN THE SYSTEM: The system maintains information required throughout the lifecycle of a PBS building lease including information about leases, offerors, and lessors. In addition to business contact and identification information (address, telephone number, and Taxpayer Identification Number (TIN)), the system includes personal information on individuals who use personal contact and identification information (home address, telephone, e-mail, and fax numbers, and Social Security Number) for business purposes as sole proprietors. AUTHORITIES FOR MAINTENANCE OF THE SYSTEM: Federal Property and Administrative Services Act, as amended (40 U.S.C. Sec. 585). PURPOSE: To establish and maintain a system for operating, controlling, and managing the Federal property leasing program; tracking leasing projects and workflow activities; and managing associated documents. ROUTINE USES OF THE SYSTEM RECORDS, INCLUDING CATEGORIES OF USERS AND THEIR PURPOSE FOR USING THE SYSTEM: System information may be accessed and used by authorized GSA employees and contractors to conduct official duties associated with Federal government building leases. Information from this system may be disclosed as a routine use: a. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. b. To a Federal, State, local, or foreign agency responsible for investigating, prosecuting, enforcing, or carrying out a statute, rule, regulation, or order when GSA becomes aware of a violation or potential violation of civil or criminal law or regulation. c. To duly authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. d. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), the Government Accountability Office
(GAO)or other Federal agency when the information is required for program evaluation purposes. e. To another Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; clarifying a job; the letting of a contract; or the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. f. To a Member of Congress or his or her staff on behalf of and at the request of the individual who is the subject of the record. g. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. h. To the National Archives and Records Administration
(NARA)for records management purposes. i. To appropriate agencies, entities, and persons when
(1)The Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF SYSTEM RECORDS: STORAGE: System records and documents are electronically stored on servers and/or compact discs. RETRIEVABILITY: Records may be retrieved by name and/or other personal identifier or appropriate type of designation. SAFEGUARDS: System records are safeguarded in accordance with the requirements of the Privacy Act, the Computer Security Act, and the eLease System Security Plan. Technical, administrative, and personnel security measures are implemented to ensure confidentiality and integrity of the data. Security measures include password protections, assigned roles, and transaction tracking. RETENTION AND DISPOSAL: Disposition of records will be according to the National Archives and Records Administration
(NARA)guidelines, set forth in the GSA Records Maintenance and Disposition System (OAD P 1820.2A) handbook. SYSTEM MANAGER AND ADDRESS: eLease Program Manager, Systems Development Division (PGAB), Office of the PBS Chief Information Officer, General Services Administration, 1800 F Street, NW., Washington DC 20405. NOTIFICATION PROCEDURES: Individuals may obtain information about their records from the eLease Program Manager at the above address. RECORD ACCESS PROCEDURES: Requests from individuals for access to their records should be addressed to the eLease Program Manager. GSA rules for individuals requesting access to their records are published in 41 CFR part 105-64. CONTESTING RECORD PROCEDURES: Individuals may contest their records' contents and appeal determinations according to GSA rules published in 41 CFR part 105-64. RECORD SOURCE CATEGORIES: Information is obtained from individuals who are offerors or lessors of GSA PBS building leases. [FR Doc. E8-8934 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P GENERAL SERVICES ADMINISTRATION Privacy Act of 1974; Notice of Updated Systems of Records AGENCY: General Services Administration. ACTION: Notice. SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are relevant, necessary, accurate, up-to-date, covered by the appropriate legal or regulatory authority, and in response to OMB M-07-16. This notice is a compilation of updated Privacy Act system of record notices. DATES: Effective May 27, 2008. FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act Officer: telephone 202-208-1317; e-mail * gsa.privacyact@gsa.gov.* ADDRESSES: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide review of its Privacy Act systems of records. As a result of the review GSA is publishing updated Privacy Act systems of records notices. Rather than make numerous piecemeal revisions, GSA is republishing updated notices for one of its systems. Nothing in the revised system notices indicates a change in authorities or practices regarding the collection and maintenance of information. Nor do the changes impact individuals' rights to access or amend their records in the systems of records. The updated system notices also include the new requirement from OMB Memorandum M-07-16 regarding a new routine use that allows agencies to disclose information in connection with a response and remedial efforts in the event of a data breach. Dated: April 16, 2008. Cheryl M. Paige, Director, Office of Information Management. GSA/HRO-37 SYSTEM NAME: Personnel Security files. SECURITY CLASSIFICATION: Some records in the system are classified under Executive Order 12958 as amended. SYSTEM LOCATION: Personnel security files are maintained with other appropriate records in the Personnel Security Requirements Division (CPR), GSA Building, 1800 F Street NW., Washington, DC 20405. SYSTEM LOCATION: Employees, applicants for employment, former employees of GSA and of commissions, committees, small agencies serviced by GSA, contractors, students, interns, volunteers, individuals authorized to perform or use services provided in GSA facilities (e.g. Credit Union or Fitness Center) and individuals formerly in any of these positions that require regular, ongoing access to federal facilities, information technology systems or information classified in the interest of national security. Included are historical researchers, experts or consultants, and employees of contractors performing services for GSA. CATEGORIES OF RECORDS IN THE SYSTEM: Personnel security files contain information such as name, former names, date and place of birth, home address, phone numbers, height, weight, hair color, eye color, sex, passport information, military information, civil court information, employment history, residential history, Social Security Number, occupation, experience, and investigative material, education and degrees earned, names of associates and references and their contact information, citizenship, names of relatives, citizenship of relatives, names of relatives who work for the federal government, criminal history, mental health history, drug use, financial information, fingerprints, summary report of investigation, results of suitability decisions, level of security clearance, date of issuance of security clearance, requests for appeals, witness statements, investiga tor's notes, tax return information, credit reports, security violations, circumstances of violation, and agency action taken. *Forms:* SF-85, SF-85P, SF-86, SF-87, GSA Form 3665, OF306, FD258, GSA Form 1380, GSA Form 3648. AUTHORITY FOR MAINTAINING THE SYSTEM: Depending upon the type of investigation, GSA is authorized to ask for this information under Executive Orders 10450 as amended, 10865 as amended, 12968 as amended, and 12958 as amended; sections 3301 and 9101 of title 5, U.S. Code; sections 2165 and 2201 of title 42, U.S. Code; parts 5, 731, 732, and 736 of title 5, Code of Federal Regulations; and Homeland Security Presidential Directive 12. PURPOSE: To assemble in one system information pertaining to issuing security clearances and public trust certifications, suitability decisions, fitness for service of applicants for federal employment and contract positions, and administrative actions. Information security files also are used for recommending administrative action against employees found to be violating GSA classified national security information regulations. ROUTINE USES OF RECORDS IN THE SYSTEM, INCLUDING THE TYPES OF USERS AND THE PURPOSES OF SUCH USES: a. In any legal proceeding, where pertinent, to which GSA is a party before a court or administrative body. b. To the Department of Justice when:
(a)The agency or any component thereof; or
(b)any employee of the agency in his or her official capacity;
(c)any employee of the agency in his or her individual capacity where agency or the Department of Justice has agreed to represent the employee; or
(d)the United States Government, is a party to litigation or has an interest in such litigation, and by careful review, the agency determines that the records are both relevant and necessary to the litigation and the use of such records by DOJ is therefore deemed by the agency to be for a purpose compatible with the purpose for which the agency collected the records. c. To authorized officials engaged in investigating or settling a grievance, complaint, or appeal filed by an individual who is the subject of the record. d. Except as noted on Forms SF-85, 85-P, and 86, when a record on its face, or in conjunction with other records, indicates a violation or potential violation of law, whether civil, criminal, or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule, or order issued pursuant thereto, disclosure may be made to the appropriate public authority, whether Federal, foreign, State, local or tribal, or otherwise, responsible for enforcing, investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation, or order issued pursuant thereto, if the information disclosed is relevant to any enforcement, regulatory, investigative or prosecutorial responsibility of the receiving entity. e. To a Federal agency in connection with the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation; the letting of a contract; or the issuance of a grant, license, or other benefit to the extent that the information is relevant and necessary to a decision. f. To agency contractors or volunteers who have been engaged to assist the agency in the performance of a contract service, cooperative agreement, or other activity related to this system of records and who need to have access to the records in order to perform their activity. Recipients shall be required to comply with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a. g. To the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), or the Government Accountability Office
(GAO)when the information is required for program evaluation purposes. h. To a Member of Congress or staff on behalf of and at the request of the individual who is the subject of the record. i. To an expert, consultant, or contractor of GSA in the performance of a Federal duty to which the information is relevant. j. To the National Archives and Records Administration
(NARA)for records management purposes. k. To a federal, state, or local agency, or other appropriate entities or individuals, or through established liaison channels to selected foreign governments, in order to enable an intelligence agency to carry out its responsibilities under the National Security Act of 1947 as amended, the CIA Act of 1949 as amended, Executive Order 12333 or any successor order, applicable national security directives, or classified implementing procedures approved by the Attorney General and promulgated pursuant to such statutes, orders, or directives. l. To the Office of Management and Budget when necessary to the review of private relief legislation pursuant to OMB Circular No. A-19. m. To appropriate agencies, entities, and persons when
(1)the Agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by GSA or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with GSA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are maintained on paper and electronically in secure locations. Records are maintained in the system of records Comprehensive Human Resources Integrated System (GSA/PPFM-8) in the personnel security module and associated equipment. RETRIEVABILITY: Records are retrieved by name and Social Security Number. SAFEGUARDS: Personnel security file records are stored in a secured office in cabinets with access limited to authorized employees. A password system protects access to computer records. Access to the records is limited to those employees who have a need for them in the performance of their official duties. RETENTION AND DISPOSAL: These records are retained and disposed of in accordance with General Records Schedule 18, item 22, approved by the National Archives and Records Administration (NARA). Records are destroyed by burning, pulping, or shredding, as scheduled in the HB GSA Records Maintenance and Disposition System (OAD P 1820.2A). SYSTEM MANAGER AND ADDRESS: Director, Personnel Security Requirements Division (CPR), 1800 F Street, NW., Washington, DC 20405. NOTIFICATION PROCEDURES: Inquiries by individuals as to whether the system contains a record pertaining to themselves should be addressed to the system manager. RECORD ACCESS PROCEDURES: Requests from individuals for access to records should be addressed to the system manager and should include full name (maiden name where appropriate), address, and date and place of birth. General inquiries may be made by telephone. PROCEDURES FOR CONTESTING RECORDS: GSA rules for accessing records, contesting their content, and appealing initial decisions appear in 41 CFR part 105-64. RECORD SOURCES: Individuals, employees, informants, law enforcement agencies, courts, other Government agencies, employees' references, co-workers, neighbors, rental/lease, educational institutions, and intelligence sources. Security violation information is obtained from a variety of sources, such as security guard's reports, security inspections, witnesses, supervisor's reports, and audit reports. FILES EXEMPTED FROM PARTS OF THE ACT: Under 5 U.S.C. 552a(k)(5), the personnel security case files in the system of records are exempt from subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and
(f)of the act. Information will be withheld to the extent it identifies witnesses promised confidentiality as a condition of providing information during the course of the background investigation. [FR Doc. E8-8935 Filed 4-24-08; 8:45 am] BILLING CODE 6820-34-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Call for Collaborating Partners for the OWH National Lupus Awareness Campaign AGENCY: Department of Health and Human Services, Office of the Secretary, Office of Public Health and Science, Office on Women's Health. ACTION: Notice. SUMMARY: The U.S. Department of Health and Human Services (HHS), Office of Public Health and Science (OPHS), Office on Women's Health
(OWH)announces the development of a National Lupus Awareness campaign with the Advertising Council and invites public and private sector lupus and women's health related organizations to participate as collaborating partners to provide advice on the development and dissemination of the campaign materials. DATES: Representatives of lupus and women's health organizations should submit expressions of interest by May 18, 2008. ADDRESSES: Expressions of interest, comments, and questions may be submitted by electronic mail to *Frances.Ashe-Goins@hhs.gov* ; or by regular mail to Frances E. Ashe-Goins, RN, MPH, Deputy Director, Office on Women's Health, Department of Health and Human Services, 200 Independence Avenue, SW., Room 728E, Washington, DC 20201, or via fax to
(202)401-4005. FOR FURTHER INFORMATION CONTACT: Frances E. Ashe-Goins RN, MPH, Office on Women's Health, Office of Public Health and Science, Department of Health and Human Services, 200 Independence Avenue, SW., Room 728E, Washington, DC 20201,
(202)690-6373 (telephone),
(202)401-4005 (fax). SUPPLEMENTARY INFORMATION: The OWH was established in 1991 to improve the health of American women by advancing and coordinating a comprehensive women's health agenda throughout HHS. This program has two goals: Development and implementation of model programs on women's health; and leading education, collaboration and coordination on women's health. The program fulfills its mission through competitive contracts and grants to an array of community, academic and other organizations at the national and community levels. National educational campaigns provide information about the important steps women can take to improve and maintain their health. OWH has worked on community based lupus awareness projects over the years and those activities, though successful, have not met the overwhelming critical national need for lupus education. Lupus is a chronic (life-long) autoimmune disease that for unknown reasons causes the immune system to mistakenly attack the body's own healthy cells and tissue as though they were foreign invaders. The resulting inflammation causes symptoms of disease. Without intervention, the inflammation leads to tissue damage, organ failure, disability, and in many cases, premature death. Public recognition of lupus is low. A recent survey of 1,000 U.S. adults (18+) conducted for the Lupus Foundation of America
(LFA)revealed that 39 percent knew nothing about lupus, and 22 percent had never heard of the disease. When probed, only 20 percent could reflect even basic information about the disease. An earlier survey showed that only 4 out of 10 young adults (18-24) claimed to be familiar with lupus. Lack of awareness of lupus symptoms is the underlying reason for late diagnosis and increased morbidity. A report by the Centers for Disease Control and Prevention in 2002 revealed that over a 10-year period, deaths attributed to lupus increased 60 percent overall; among older African-American women, the increase was nearly 70 percent. This report suggests that increased awareness of lupus and proactive diagnosis of the disease will reduce the number of deaths due to lupus. It is estimated that 1/3 of deaths attributed to lupus occur among women younger than 45 years of age. OWH has contracted with the Advertising Council to plan, develop, implement, and evaluate a national lupus marketing campaign to increase the awareness of symptoms of lupus, its health effects and provide information to individuals who may be at risk for lupus to help them decide whether to seek medical evaluation. The National Lupus Awareness Campaign is intended to generate public attention for lupus and raise recognition of the disease as a significant national public health problem that disproportionately affects young women of color. In order to develop and implement the National Lupus Awareness Campaign, OWH is interested in establishing partnerships with private and public lupus and women's health related organizations. As partners with HHS, these health organizations can bring their ideas and expertise, administrative capabilities, and resources, which are consistent with the goals of the National Lupus Awareness Campaign. Given the National Lupus Awareness Campaign's objectives, entities which have similar goals and consistent interests, appropriate expertise and resources, and which would like to pursue lupus awareness activities in collaboration with OWH are encouraged to reply to this notice. Working together, these partnerships will provide innovative opportunities to promote an increased national awareness of lupus, with the end goal of earlier lupus detection and diagnosis and decreased morbidity. Dated: April 18, 2008. Wanda K. Jones, Deputy Assistant Secretary for Health (Women's Health). [FR Doc. E8-9110 Filed 4-24-08; 8:45 am] BILLING CODE 4150-33-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): School-Based Adolescent Vaccination, Funding Opportunity Announcement
(FOA)IP08-006 and School-Based Influenza Vaccine, FOA IP08-007 In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention
(CDC)announces the aforementioned meeting: *Time and Date:* 12 p.m.-5 p.m., May 22, 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 Public Law 92-463. *Matters to be Discussed:* The meeting will include the review, discussion, and evaluation of “School-Based Adolescent Vaccination, FOA IP08-006 and School-Based Influenza Vaccine, FOA IP08-007.” *Contact Person for More Information:* Maurine Goodman, M.A., M.P.H., Scientific Review Administrator, Office of the Director, Office of the Chief Science Officer, CDC, 1600 Clifton Road, NE., Mailstop D72, Atlanta, GA 30333, Telephone:
(404)639-4737. 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 21, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-9054 Filed 4-24-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-1771, CMS-10145, CMS-10204 and CMS-10255] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: Centers for Medicare & Medicaid Services, Department of Health and Human Services. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services, is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:
(1)The necessity and utility of the proposed information collection for the proper performance of the Agency's function;
(2)the accuracy of the estimated burden;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. 1. *Type of Information Collection Request:* Extension of a currently approved collection; *Title of Information Collection:* Attending Physicians Statement and Documentation of Medicare Emergency and Supporting Regulations in 42 CFR 424.103; *Use:* 42 CFR 424.103(b) requires that before a nonparticipating hospital may be paid for emergency services rendered to a Medicare beneficiary, a statement must be submitted that is sufficiently comprehensive to support that an emergency existed. Form CMS-1771 contains a series of questions relating to the medical necessity of the emergency. The attending physician must attest that the hospitalization was required under the regulatory emergency definition (42 CFR 424.101) and give clinical documentation to support the claim. *Form Number:* CMS-1771 (OMB# 0938-0023); *Frequency:* Yearly; *Affected Public:* Private sector—business or other for-profit and not-for-profit institutions; *Number of Respondents:* 100; *Total Annual Responses:* 200; *Total Annual Hours:* 50. 2. *Type of Information Collection Request:* Revision of a currently approved collection; *Title of Information Collection:* Medicare Part B Drug and Biological Competitive Acquisition Program and Supporting Regulations in 42 CFR Sections 414.906, 414.908, 414.910, 414.914, 414.916, and 414.917; *Use:* Section 303(d) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(MMA)provides an alternative payment methodology for Part B covered drugs that are not paid on a cost or prospective payment basis. In particular, Section 303(d) of the MMA amends Title XVIII of the Social Security Act by adding a new section 1847(B), which establishes a competitive acquisition program for the acquisition of and payment for Part B covered drugs and biologicals furnished on or after January 1, 2006. Since its inception, additional legislation has augmented the CAP. Section 108 of the Medicare Improvements and Extension Act under Division B, Title I of the Tax Relief Health Care Act of 2006 (MIEA-TRHCA) amended Section 1847b(a)(3) of the Social Security Act and requires that CAP implement a post payment review process. This procedure is done to assure that payment is made for a drug or biological under this section only if the drug or biological has been administered to a beneficiary. *Form Number:* CMS-10145 (OMB# 0938-0945); *Frequency:* Weekly; *Affected Public:* Private sector—business or other for-profit and not-for-profit institutions; *Number of Respondents:* 3000; *Total Annual Responses:* 156,000; *Total Annual Hours:* 31,188. 3. *Type of Information Collection Request:* Revision of a currently approved collection; *Title of Information Collection:* Evaluation of the Medical Adult Day Care Services Demonstration; *Use:* Section 703 of the Medicare Prescription Drug, Improvement and Modernization Act of 2003 (Pub. L. 108-173) authorizes a three-year demonstration to conduct an evaluation of the clinical and cost-effectiveness of providing medical adult day-care services as a substitute for a portion of home health services that would otherwise be provided in the beneficiary's home. Delivering home health services in the adult day-care setting represents an expansion of coverage under the home health benefit under Medicare. The Demonstration aims to evaluate both the costs and the benefits of delivering home health services in the adult day-care setting. The evaluation will examine the achievements as well as the difficulties inherent in demonstration implementation. Telephone survey data from Medicare beneficiary's interviews are to be completed during Phase II of the Evaluation of the Medical Adult Day-Care Services Demonstration. The survey was developed based on collection of data from face-to-face interviews with beneficiaries from Phase I of the Demonstration evaluation. *Form Number:* CMS-10204 (OMB# 0938-1017); *Frequency:* Once; *Affected Public:* Individuals or households; *Number of Respondents:* 900; *Total Annual Responses:* 900; *Total Annual Hours:* 150. 4. *Type of Information Collection Request:* New collection; *Title of Information Collection:* Evaluation of Care and Disease Management Under Medicare Advantage. *Use:* CMS is conducting an evaluation of care and disease management programs under Medicare Advantage (MA), which includes a survey of all MA plans. The survey will help describe the structure and operation of these programs. The survey will gather information about MA health plans' care and disease management programs that is not available from other sources, such as relations with health providers, the use of electronic data systems, characteristics of care and disease management programs, population served, physician intervention, differences with regular MA plans and special needs plans, and evidence of effectiveness and assessment of costs. Information is collected through a one-time, self-administered mail questionnaire. [Refer to the crosswalk and track changes document for a list of changes to this information collection request since the last **Federal Register** publication.] *Form Number:* CMS-10255 (OMB# 0938-New); *Frequency:* Once; *Affected Public:* Private sector—business or other for-profit and not-for-profit institutions; *Number of Respondents:* 475; *Total Annual Responses:* 475; *Total Annual Hours:* 435. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS Web site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995,* or E-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov,* or call the Reports Clearance Office at
(410)786-1326. To be assured consideration, comments and recommendations for the proposed information collections must be received by the OMB desk officer at the address below, no later than 5 p.m. on *May 27, 2008.* OMB Human Resources and Housing Branch, Attention: Carolyn Raffaelli, New Executive Office Building, Room 10235, Washington, DC 20503, Fax Number:
(202)395-6974. Dated: April 17, 2008. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E8-9067 Filed 4-24-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-R-43 and CMS-R-71] Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Centers for Medicare & Medicaid Services, Department of Health and Human Services. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services
(CMS)is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:
(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;
(2)the accuracy of the estimated burden;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. 1. *Type of Information Collection Request:* Extension of a currently approved collection; *Title of Information Collection:* Conditions of Participation for Portable X-ray Suppliers and Supporting Regulations in 42 CFR 486.104, 486.106, 486.110; *Use:* These requirements contained in this information collection request are classified as conditions of participation or conditions for coverage. These conditions are based on a provision specified in law relating to diagnostic X-ray tests “furnished in a place of residence used as the patient's home,” and are designed to ensure that each supplier has a properly trained staff to provide the appropriate type and level of care, as well as, a safe physical environment for patients. CMS uses these conditions to certify suppliers of portable X-ray services wishing to participate in the Medicare program. This is standard medical practice and is necessary in order to help to ensure the well-being, safety and quality professional medial treatment accountability for each patient. *Form Number:* CMS-R-43 (OMB# 0938-0338); *Frequency:* Yearly; *Affected Public:* Business or other for-profit and not-for-profit institutions; *Number of Respondents:* 726; *Total Annual Responses:* 726; *Total Annual Hours:* 1,815. 2. *Type of Information Collection Request:* Extension of a currently approved collection; *Title of Information Collection:* Quality Improvement Organization
(QIO)Assumption of Responsibilities and Supporting Regulations in 42 CFR 412.44, 412.46, 431.630,476.71, 476.73, 476.74, and 476.78; *Use:* The Peer Review Improvement Act of 1982 amended Title XI of the Social Security Act to create the Utilization and Quality Control Peer Review Organization
(PRO)program which replaces the Professional Standards Review Organization
(PSRO)program and streamlines peer review activities. The term PRO has been renamed Quality Improvement Organization (QIO). This collection describes the review functions to be performed by the QIO. It outlines relationships among QIOs, providers, practitioners, beneficiaries, intermediaries, and carriers. *Form Number:* CMS-R-71 (OMB# 0938-0445); *Frequency:* Yearly; *Affected Public:* Business or other for-profit and not-for-profit institutions; *Number of Respondents:* 6,036; *Total Annual Responses:* 6,036; *Total Annual Hours:* 156,846. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS' Web Site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995,* or E-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov,* or call the Reports Clearance Office on
(410)786-1326. In commenting on the proposed information collections please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in one of the following ways by *June 24, 2008:* 1. *Electronically.* You may submit your comments electronically to *http://www.regulations.gov.* Follow the instructions for “Comment or Submission” or “More Search Options” to find the information collection document(s) accepting comments. 2. *By regular mail.* You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Attention: Document Identifier/OMB Control Number ____ , Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Dated: April 17, 2008. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E8-9068 Filed 4-24-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare and Medicaid Services [CMS-2895-PN] Medicare and Medicaid Programs; The Det Norske Veritas Healthcare, Inc
(DNV)for Deeming Authority for Hospitals AGENCY: Centers for Medicare and Medicaid Services, HHS. ACTION: Proposed Notice. SUMMARY: This proposed notice with comment period acknowledges the receipt of a deeming application from Det Norske Veritas Healthcare
(DNV)for recognition as a national accrediting organization for hospitals that wish to participate in the Medicare or Medicaid programs. Section 1865(b)(3)(A) of the Social Security Act requires that within 60 days of receipt of an organization's complete application, we publish a notice that identifies the national accrediting body making the request, describes the nature of the request, and provides at least a 30-day public comment period. DATES: To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on May 27, 2008. ADDRESSES: In commenting, please refer to file code CMS-2895-PN. Because of staff and resource limitations, we cannot accept comments by facsimile
(FAX)transmission. You may submit comments in one of four ways (no duplicates, please): 1. *Electronically.* You may submit electronic comments on specific issues in this regulation to *http://www.cms.hhs.gov/eRulemaking.* Click on the link “Submit electronic comments on CMS regulations with an open comment period.” (Attachments should be in Microsoft Word, WordPerfect, or Excel; however, we prefer Microsoft Word.) 2. *By regular mail.* You may mail written comments (one original and two copies) to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, *Attention:* CMS-2895-PN, P.O. Box __, Baltimore, MD 21244-8010. Please allow sufficient time for mailed comments to be received before the close of the comment period. 3. *By express or overnight mail.* You may send written comments (one original and two copies) to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, *Attention:* CMS-2895-PN, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850. 4. *By hand or courier.* If you prefer, you may deliver (by hand or courier) your written comments (one original and two copies) before the close of the comment period to one of the following addresses: a. Room 445-G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201. (Because access to the interior of the HHH Building is not readily available to persons without Federal Government identification, commenters are encouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed.) b. 7500 Security Boulevard, Baltimore, MD 21244-1850. If you intend to deliver your comments to the Baltimore address, please call telephone number
(410)786-9994 in advance to schedule your arrival with one of our staff members. Comments mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period. For information on viewing public comments, see the beginning of the SUPPLEMENTARY INFORMATION section. FOR FURTHER INFORMATION CONTACT: Cindy Melanson,
(410)786-0310. Patricia Chmielewski,
(410)786-6899. SUPPLEMENTARY INFORMATION: *Submitting Comments:* We welcome comments from the public on all issues set forth in this proposed notice to assist us in fully considering issues and developing policies. You can assist us by referencing the file code CMS-2895-PN and the specific “issue identifier” that precedes the section on which you choose to comment. *Inspection of Public Comments:* All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following Web site as soon as possible after they have been received: *http://www.regulations.gov. Follow the search instructions* on that Web site to view public comments. Comments received timely will also be available for public inspection as they are received, generally beginning approximately 3 weeks after publication of a document, at the headquarters of the Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Baltimore, Maryland 21244, Monday through Friday of each week from 8:30 a.m. to 4 p.m. To schedule an appointment to view public comments, phone 1-800-743-3951. I. Background Under the Medicare program, eligible beneficiaries may receive covered services in a hospital provided certain requirements are met. Section 1861(e) of the Social Security Act (the Act), establishes distinct criteria for facilities seeking designation as a hospital. Regulations concerning provider agreements are at 42 CFR part 489 and those pertaining to activities relating to the survey and certification of facilities are at 42 CFR part 488. The regulations at 42 CFR part 482 specify the conditions that a hospital must meet in order to participate in the Medicare program, the scope of covered services and the conditions for Medicare payment for hospitals. Generally, in order to enter into an agreement, a hospital must first be certified by a State survey agency as complying with the conditions or requirements set forth in part 482 of our CMS regulations. Thereafter, the hospital is subject to regular surveys by a State survey agency to determine whether it continues to meet these requirements. There is an alternative, however, to surveys by State agencies. Section 1865(b)(1) of the Act provides that, if a provider entity demonstrates through accreditation by an approved national accrediting organization that all applicable Medicare conditions are met or exceeded, we will deem those provider entities as having met the requirements. Accreditation by an accrediting organization is voluntary and is not required for Medicare participation. If an accrediting organization is recognized by the Secretary as having standards for accreditation that meet or exceed Medicare requirements, any provider entity accredited by the national accrediting body's approved program would be deemed to meet the Medicare conditions. A national accrediting organization applying for deeming authority under part 488, subpart A must provide us with reasonable assurance that the accrediting organization requires the accredited provider entities to meet requirements that are at least as stringent as the Medicare conditions. Our regulations concerning the approval of accrediting organizations are set forth at §§ 488.4 and 488.8(d)(3). The regulations at § 488.8(d)(3) require accrediting organizations to reapply for continued deeming authority every 6 years or sooner as determined by us. II. Approval of Deeming Organizations Section 1865(b)(2) of the Act and our regulations at § 488.8(a) require that our findings concerning review and approval of a national accrediting organization's requirements consider, among other factors, the applying accrediting organization's: Requirements for accreditation; survey procedures; resources for conducting required surveys; capacity to furnish information for use in enforcement activities; monitoring procedures for provider entities found not in compliance with the conditions or requirements; and ability to provide us with the necessary data for validation. Section 1865(b)(3)(A) of the Act further requires that we publish, within 60 days of receipt of an organization's complete application, a notice identifying the national accrediting body making the request, describing the nature of the request, and providing at least a 30-day public comment period. We have 210 days from the receipt of a complete application to publish notice of approval or denial of the application. The purpose of this proposed notice is to inform the public of DNV's request for deeming authority for hospitals. This notice also solicits public comment on whether DNV's requirements meet or exceed the Medicare conditions of participation for hospitals. III. Evaluation of Deeming Authority Request DNV submitted all the necessary materials to enable us to make a determination concerning its request for approval as a deeming organization for hospitals. This application was determined to be complete on March 12, 2008. Under Section 1865(b)(2) of the Act and our regulations at § 488.8 (Federal review of accrediting organizations), our review and evaluation of DNV will be conducted in accordance with, but not necessarily limited to, the following factors: • The equivalency of DNV's standards for a hospital as compared with Medicare's hospital conditions of participation. • DNV's survey process to determine the following: —The composition of the survey team, surveyor qualifications, and the ability of the organization to provide continuing surveyor training. —The comparability of DNV's processes to those of State agencies, including survey frequency, and the ability to investigate and respond appropriately to complaints against accredited facilities. —DNV's processes and procedures for monitoring a hospital found out of compliance with DNV's program requirements. These monitoring procedures are used only when DNV identifies noncompliance. If noncompliance is identified through validation reviews or complaint surveys, the State survey agency monitors corrections as specified at § 488.7(d). —DNV's capacity to report deficiencies to the surveyed facilities and respond to the facility's plan of correction in a timely manner. —DNV's capacity to provide us with electronic data in ASCII comparable code, and reports necessary for effective validation and assessment of the organization's survey process. —The adequacy of DNV's staff and other resources, and its financial viability. —DNV's capacity to adequately fund required surveys. —DNV's policies with respect to whether surveys are announced or unannounced, to assure that surveys are unannounced. —DNV's agreement to provide us with a copy of the most current accreditation survey together with any other information related to the survey as we may require (including corrective action plans). IV. Response to Public Comments and Notice Upon Completion of Evaluation Because of the large number of public comments we normally receive on **Federal Register** documents, we are not able to acknowledge or respond to them individually. We will consider all comments we receive by the date and time specified in the DATES section of this preamble, and, when we proceed with a subsequent document, we will respond to the comments in the preamble to that document. Upon completion of our evaluation, including evaluation of comments received as a result of this notice, we will publish a final notice in the **Federal Register** announcing the result of our evaluation. V. Collection of Information Requirements This document does not impose information collection and recordkeeping requirements. Consequently, it need not be reviewed by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 35). VI. Regulatory Impact Statement In accordance with the provisions of Executive Order 12866, the Office of Management and Budget did not review this proposed notice. In accordance with Executive Order 13132, we have determined that this proposed notice would not have a significant effect on the rights of States, local or tribal governments. Authority: Section 1865 of the Social Security Act (42 U.S.C. 1395bb). (Catalog of Federal Domestic Assistance Program No. 93.778, Medical Assistance Program; No. 93.773 Medicare—Hospital Insurance Program; and No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: April 11, 2008. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E8-8266 Filed 4-24-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-1557-N] Medicare Program; Meeting of the Practicing Physicians Advisory Council, May 19, 2008 AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice. SUMMARY: This notice announces a quarterly meeting of the Practicing Physicians Advisory Council (the Council). The Council will meet to discuss certain proposed changes in regulations and manual instructions related to physicians' services, as identified by the Secretary of Health and Human Services (the Secretary). This meeting is open to the public. DATES: *Meeting Date:* Monday, May 19, 2008, from 8:30 a.m. to 5 p.m. d.s.t. *Deadline for Registration without Oral Presentation:* Thursday, May 8, 2008, 12 noon, d.s.t. *Deadline for Registration with Oral Presentations:* Monday, May 5, 2008, 12 noon, d.s.t. *Deadline for Submission of Oral Remarks and Written Comments:* Wednesday, May 7, 2008, 12 noon, d.s.t. *Deadline for Requesting Special Accommodations:* Monday, May 12, 2008, 12 noon, d.s.t. ADDRESSES: *Meeting Location:* The meeting will be held in Room 705A in the Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201. *Submission of Testimony:* Testimonies should be mailed to Kelly Buchanan, Designated Federal Official (DFO), Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Mail stop C4-13-07, Baltimore, MD 21244-1850, or contact the DFO via e-mail at *PPAC@cms.hhs.gov.* FOR FURTHER INFORMATION CONTACT: Kelly Buchanan, DFO,
(410)786-6132, or e-mail *PPAC@cms.hhs.gov.* News media representatives must contact the CMS Press Office,
(202)690-6145. Please refer to the CMS Advisory Committees' Information Line (1-877-449-5659 toll free),
(410)786-9379 local) or the Internet at *http://www.cms.hhs.gov/home/regsguidance.asp* for additional information and updates on committee activities. SUPPLEMENTARY INFORMATION: I. Background In accordance with section 10(a) of the Federal Advisory Committee Act, this notice announces the quarterly meeting of the Practicing Physicians Advisory Council (the Council). The Secretary is mandated by section 1868(a)(1) of the Social Security Act (the Act) to appoint a Practicing Physicians Advisory Council based on nominations submitted by medical organizations representing physicians. The Council meets quarterly to discuss certain proposed changes in regulations and manual instructions related to physician services, as identified by the Secretary. To the extent feasible and consistent with statutory deadlines, the Council's consultation must occur before **Federal Register** publication of the proposed changes. The Council submits an annual report on its recommendations to the Secretary and the Administrator of the Centers for Medicare & Medicaid Services
(CMS)not later than December 31 of each year. The Council consists of 15 physicians, including the Chair. Members of the Council include both participating and nonparticipating physicians, and physicians practicing in rural and underserved urban areas. At least 11 members of the Council must be physicians as described in section 1861(r)(1) of the Act; that is, State-licensed doctors of medicine or osteopathy. The remaining 4 members may include dentists, podiatrists, optometrists, and chiropractors. Members serve for overlapping 4-year terms. Section 1868(a)(2) of the Act provides that the Council meet quarterly to discuss certain proposed changes in regulations and manual issuances that relate to physicians' services, identified by the Secretary. Section 1868(a)(3) of the Act provides for payment of expenses and per diem for Council members in the same manner as members of other advisory committees appointed by the Secretary. In addition to making these payments, the Department of Health and Human Services and CMS provide management and support services to the Council. The Secretary will appoint new members to the Council from among those candidates determined to have the expertise required to meet specific agency needs in a manner to ensure appropriate balance of the Council's membership. The Council held its first meeting on May 11, 1992. The current members are: Vincent J. Bufalino, M.D., Chairperson; M. Leroy Sprang, M.D.; Karen S. Williams, M.D.; Jonathon E. Siff, M.D., MBA; John E. Arradondo, M.D., MPH; Tye J. Ouzounian, M.D.; Arthur D. Snow, Jr., M.D.; Gregory J. Przybylski, M.D.; Jeffrey A. Ross, DPM, M.D.; and Roger L. Jordan, O.D. Four new members to be sworn on May 19th include: Joseph Giaimo, D.O; Pamela Howard, M.D.; Fredrica Smith, M.D.; and Christopher Standaert, M.D. II. Meeting Format and Agenda The meeting will commence with the Council's Executive Director providing a status report, and the CMS responses to the recommendations made by the Council at the March 3, 2008 meeting, as well as prior meeting recommendations. Additionally, an update will be provided on the Physician Regulatory Issues Team. In accordance with the Council charter, we are requesting assistance with the following agenda topics: • Recovery Audit Contractors
(RAC)Update. • National Provider Indentifier
(NPI)Update. • CMS Quality Agenda, which includes the following: • 9th Scope of Work. • Physician Quality Reporting Initiative
(PQRI)Update. • Quality Measures: Hospital Compare; Nursing Home Compare. For additional information and clarification on these topics, contact the DFO as provided in the FOR FURTHER INFORMATION CONTACT section of this notice. Individual physicians or medical organizations that represent physicians wishing to present a 5-minute oral testimony on agenda issues must register with the DFO by the date listed in the DATES section of this notice. Testimony is limited to agenda topics only. The number of oral testimonies may be limited by the time available. A written copy of the presenter's oral remarks must be submitted to the DFO for distribution to Council members for review before the meeting by the date listed in the DATES section of this notice. Physicians and medical organizations not scheduled to speak may also submit written comments to the DFO for distribution by the date listed in the DATES section of this notice. III. Meeting Registration and Security Information The meeting is open to the public, but attendance is limited to the space available. Persons wishing to attend this meeting must register by contacting the DFO at the address listed in the ADDRESSES section of this notice or by telephone at
(410)786-6132 by the date specified in the DATES section of this notice. Since this meeting will be held in a Federal Government Building, the Hubert H. Humphrey Building, Federal security measures are applicable. In planning your arrival time, we recommend allowing additional time to accommodate security procedures. In order to gain access to the building, participants will be required to show a government-issued photo identification (for example, driver's license or passport), and must be listed on an approved security list before persons are permitted entrance. Persons not registered in advance will not be permitted into the Hubert H. Humphrey Building and will not be permitted to attend the Council meeting. All persons entering the building are subject to inspection via metal detector or other means applicable. In addition, all items brought to the Hubert H. Humphrey Building, whether personal or for the purpose of presentation, are subject to inspection. We cannot assume responsibility for coordinating the receipt, transfer, transport, storage, set-up, safety, or timely arrival of any personal belongings or items used for the purpose of presentation. Individuals requiring sign language interpretation or other special accommodation must contact the DFO via the contact information specified in the FOR FURTHER INFORMATION CONTACT section of this notice by the date listed in the DATES section of this notice. Authority: (Section 1868 of the Social Security Act (42 U.S.C. 1395ee) and section 10(a) of Pub. L. 92-463 (5 U.S.C. App. 2, section 10(a)).) Dated: April 4, 2008. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E8-8231 Filed 4-24-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request *Title:* State Plan for Child Support under Title IV-D of the Social Security Act (OCSE-100 and OCSE-21-U4). *OMB No.:* 0970-0017. *Description:* The State plan preprint pages and amendments serve as a contract between the Office of Child Support Enforcement and State and Territory IV-D agencies. These State plan preprint pages and amendments outline the activities States and Territories will perform as required by law, in Section 454 of the Social Security Act, in order for States and Territories to receive Federal funds to meet the costs of child support enforcement. *Respondents:* State and Territory IV-D Agencies. Annual Burden Estimates Instrument Number of respondents Number of responses per respondent Average burden hours per response Total burden hours State Plan (OCSE-100) 54 1 0.5 216 OCSE-21-U4 54 1 0.25 108 *Estimated Total Annual Burden Hours:* 324. *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 15, 2008. Robert Sargis, Reports Clearance Officer. [FR Doc. E8-9040 Filed 4-24-08; 8:45 am] BILLING CODE 4184-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2008-D-0030] (formerly Docket No. 2004D-0466) Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Draft Guidance for Industry: Substantiation for Dietary Supplement Claims Made Under the Federal Food, Drug, and Cosmetic Act AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing that a proposed collection of information has been submitted to the Office of Management and Budget
(OMB)for review and clearance under the Paperwork Reduction Act of 1995. DATES: Fax written comments on the collection of information by May 27, 2008. ADDRESSES: To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202-395-6974, or e-mailed to *baguilar@omb.eop.gov* . All comments should be identified with the OMB control number 0910-NEW and title, “Draft Guidance for Industry: Substantiation for Dietary Supplement Claims Made Under the Federal Food, Drug, and Cosmetic Act.” Also include the FDA docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of the Chief Information Officer (HFA-250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-4659. SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance. Draft Guidance for Industry: Substantiation for Dietary Supplement Claims Made Under the Federal Food, Drug, and Cosmetic Act—(OMB Control Number 0910-NEW) Section 403(r)(6) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 343(r)(6)) requires that a manufacturer of a dietary supplement making a nutritional deficiency, structure/function, or general well-being claim have substantiation that the statement is truthful and not misleading. The draft guidance document entitled “Guidance for Industry: Substantiation for Dietary Supplement Claims Made Under Section 403(r)(6) of the Federal Food, Drug, and Cosmetic Act” (November 9, 2004; 69 FR 64962) is intended to describe the amount, type, and quality of evidence FDA recommends a dietary supplement manufacturer have to substantiate a claim under section 403(r)(6) of the act. The draft guidance does not discuss the types of claims that can be made concerning the effect of a dietary supplement on the structure or function of the body, nor does it discuss criteria to determine when a statement about a dietary supplement is a disease claim. Persons with access to the Internet may obtain the draft guidance at the following Web site: *http://www.cfsan.fda.gov/~dms/guidance.html* . A copy of the draft guidance also is available for public examination in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. In the **Federal Register** of January 28, 2008 (73 FR 4875), FDA published a 60-day notice requesting public comment on the information collection provisions. No comments were received. **Table 1.—Estimated Annual Reporting Burden** 1 Claim Type No. of Respondents Annual Frequency per Response Total Annual Responses Hours Per Response Total Hours Widely known, established 667 1 667 44 29,348 Pre-existing, not widely established 667 1 667 120 80,040 Novel 667 1 667 120 80,040 Total 189,428 1 There are no capital costs or operating and maintenance costs associated with this collection of information. Dietary supplement manufacturers will only need to collect information to substantiate their product's nutritional deficiency, structure/function, or general well-being claim if they chose to place a claim on their product's label. Gathering evidence on their product's claim is a one time burden; they collect the necessary substantiating information for their product as required by section 403(r)(6) of the act. The standard discussed in the draft guidance for substantiation of a claim on the labeling of a dietary supplement is consistent with standards set by the Federal Trade Commission for dietary supplements and other health-related products that the claim be based on competent and reliable scientific evidence. This evidence standard is broad enough that some dietary supplement manufacturers may only need to collect peer-reviewed scientific journal articles to substantiate their claims; other dietary supplement manufacturers whose products have properties that are less well documented may have to conduct studies to build a body of evidence to support their claims. It is unlikely that a dietary supplement manufacturer will attempt to make a claim when the cost of obtaining the evidence to support the claim outweighs the benefits of having the claim on the product's label. It is likely that manufacturers will seek substantiation for their claims in the scientific literature. The time it takes to assemble the necessary scientific information to support their claims depends on the product and the claimed benefits. If the product is one of several on the market making a particular claim for which there is adequate publicly available and widely established evidence supporting the claim, then the time to gather supporting data will be minimal; if the product is the first of its kind to make a particular claim or the evidence supporting the claim is less publicly available or not widely established, then gathering the appropriate scientific evidence to substantiate the claim will be more time consuming. FDA assumes that it will take 44 hours to assemble information needed to substantiate a claim on a particular dietary supplement when the claim is widely known and established. We increased this estimated burden from 1 hour per claim to 44 hours per claim based on information received from industry, as noted in our June 7, 2007, document in response to comment 1 (72 FR 31583 and 31584). FDA believes it will take closer to 120 hours to assemble supporting scientific information when the claim is novel or when the claim is pre-existing but the scientific underpinnings of the claim are not widely established. These are claims that may be based on emerging science, where conducting literature searches and understanding the literature takes time. It is also possible that references for claims made for some dietary ingredients or dietary supplements may primarily be found in foreign journals and in foreign languages or in the older, classical literature where it is not available on computerized literature databases or in the major scientific reference databases, such as the National Library of Medicine's literature database, all of which increases the time of obtaining substantiation. In the **Federal Register** of January 6, 2000, FDA published a final rule on statements made for dietary supplements concerning the effect of the product on the structure or function of the body (65 FR 1000). FDA estimated that there were 29,000 dietary supplement products marketed in the United States (65 FR 1000 at 1045). Assuming that the flow of new products is 10 percent per year, then 2,900 new dietary supplement products will come on the market each year. The structure/function final rule estimated that about 69 percent of dietary supplements have a claim on their labels, most probably a structure/function claim (65 FR 1000 at 1046). Therefore, we assume that supplement manufacturers will need time to assemble the evidence to substantiate each of the 2,001 claims (2,900 × 69 percent) made each year. If we assume that the 2,001 claims are equally likely to be pre-existing widely established claims, novel claims, or pre-existing claims that are not widely established, then we can expect 667 of each of these types of claims to be substantiated per year. Table 1 of this document shows that the annual burden hours associated with assembling evidence for claims is 189,428 (the sum of 667 × 44 hours, 667 × 120 hours, and 667 × 120 hours). There are no capital costs or operating and maintenance costs associated with this information collection. Dated: April 17, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8-8973 Filed 4-24-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* Center for Scientific Review Special Emphasis Panel LIRR and RIBT Member Conflicts 1. *Date:* May 1, 2008. *Time:* 3:30 p.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Telephone Conference Call). *Contact Person:* George M. Barnas, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2180, MSC 7818, Bethesda, MD 20892, 301-435-0696, *barnasg@csr.nih.gov.* This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS) Dated: April 17, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-9000 Filed 4-24-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Amended Notice of Meeting Notice is hereby given of a change in the meeting of the Neurotoxicology and Alcohol Study Section, June 3, 2008, 8 a.m. to June 4, 2008, 5 p.m., Sir Francis Drake Hotel, 450 Powell Street, San Francisco, CA 94102, which was published in the **Federal Register** on April 4, 2008, 73 FR 18539-18542. The meeting will be held one day only June 3, 2008. The meeting time and location remain the same. The meeting is closed to the public. Dated: April 17, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-9001 Filed 4-24-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Amended Notice of Meeting Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, May 15, 2008, 10 a.m., to May 16, 2008, 8 p.m., National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD, 20892 which was published in the **Federal Register** on April 11, 2008, 73 FR 19855-19857. The meeting will be held one day only, May 16, 2008, from 11 a.m. to 4 p.m. The meeting location remains the same. The meeting is closed to the public. Dated: April 17, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-9002 Filed 4-24-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Amended Notice of Meeting Notice is hereby given of a change in the meeting of the Hematopoiesis Study Section, June 5, 2008, 8 a.m. to June 6, 2008, 11 a.m., Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD, 20814, which was published in the **Federal Register** on April 11, 2008, 73 FR 19855-19857. The meeting will be held one day only June 5, 2008, from 8 a.m. to 7 p.m. The meeting location remains the same. The meeting is closed to the public. Dated: April 17, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-9005 Filed 4-24-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Neurological Disorders and Stroke; Notice of Meeting Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the Muscular Dystrophy Coordinating Committee (MDCC). The meeting will be open to the public, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should inform the Contact Person listed below in advance of the meeting. *Name of Committee:* Muscular Dystrophy Coordinating Committee. *Date:* June 23, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* The 2008 meeting of the MDCC will focus on the themes of therapy development and living with muscular dystrophy. MDCC members will review their activities related to the goals of the Action Plan for the Muscular Dystrophies which can be found on the MDCC website listed below. Other activities planned for the meeting include a presentation on opportunities for therapy development in myotonic dystrophy, a discussion of muscular dystrophy workforce needs, and a discussion of recent successful collaborations and new opportunities for partnering among the muscular dystrophy community, including the Fields Center for FSHD and Neuromuscular Disease and the Translational Research in Europe—Assessment and Treatment of Neuromuscular Disease (TREAT-NMD) network. An agenda will be posted prior to the meeting on the MDCC Web site: *http://www.ninds.nih.gov/find_people/groups/mdcc/index.htm* . *Place:* Washington Plaza Hotel, 10 Thomas Circle, NW., Washington, DC 20005. *Contact Person:* John D. Porter, PhD, Executive Secretary, Muscular Dystrophy Coordinating Committee, National Institute of Neurological Disorders and Stroke, NIH, 6001 Executive Boulevard, NSC 2172, Bethesda, MD 20892,
(301)496-5739, *porterjo@ninds.nih.gov.* Any interested person may file written comments with the committee by forwarding their statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person. (Catalogue of Federal Domestic Assistance Program Nos. 93.853, Clinical Research Related to Neurological Disorders; 93.854, Biological Basis Research in the Neurosciences, National Institutes of Health, HHS) Dated: April 16, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-9012 Filed 4-24-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Biomedical Imaging and Bioengineering; Notice of Meeting Notice is hereby given of a change in the meeting of the National Advisory Council for Biomedical Imaging and Bioengineering, May 16, 2008, 9 a.m. to 5 p.m., Bethesda Marriott Suites, 6711 Democracy Boulevard, Bethesda, Maryland 20817, which was published in the **Federal Register** on April 9, 2008, 73 FR 19230. The meeting start time has been changed from 9 a.m. to 8:30 a.m. The meeting location remains the same. Dated: April 17, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-9004 Filed 4-24-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. appendix 2), notice is hereby given of meetings of the National Diabetes and Digestive and Kidney Diseases Advisory Council. The meetings will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Diabetes and Digestive and Kidney Diseases Advisory Council. *Date:* May 23, 2008. *Open:* 8:30 a.m. to 12:30 p.m. *Agenda:* To present the Director's Report and other scientific presentations. *Place:* National Institutes of Health, Natcher Building, 45 Center Drive, Conference Room E1/E2, Bethesda, MD 20892. *Closed:* 3:45 p.m. to 4 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Natcher Building, 45 Center Drive, Conference Room E1/E2, Bethesda, MD 20892. *Contact Person:* Brent B. Stanfield, PhD, Director Division of Extramural Activities, National Institutes of Diabetes and Digestive, and Kidney Diseases, 6707 Democracy Blvd. Room 715, MSC 5452, Bethesda, MD 20892,
(301)594-8843, *stanfibr@niddk.nih.gov* . *Name of Committee:* National Diabetes and Digestive and Kidney, Diseases Advisory Council, Diabetes, Endocrinology, and Metabolic Diseases Subcommittee. *Date:* May 23, 2008. *Open:* 1 p.m. to 2:15 p.m. *Agenda:* To review the Division's scientific and planning activities. *Place:* National Institutes of Health, Natcher Building, 45 Center Drive, Conference Room E1/E2, Bethesda, MD 20892. *Closed:* 2:15 p.m. to 3:45 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Natcher Building, 45 Center Drive, Conference Room E1/E2, Bethesda, MD 20892. *Contact Person:* Brent B. Stanfield, PhD, Director, Division of Extramural Activities, National Institutes of Diabetes and Digestive, and Kidney Diseases, 6707 Democracy Blvd. Room 715, MSC 5452, Bethesda, MD 20892,
(301)594-8843, *stanfibr@niddk.nih.gov* . *Name of Committee:* National Diabetes and Digestive and Kidney, Diseases Advisory Council, Digestive Diseases and Nutrition Subcommittee. *Date:* May 23, 2008. *Open:* 1 p.m. to 2:15 p.m. *Agenda:* To review the Division's scientific and planning activities. *Place:* National Institutes of Health, Natcher Building, 45 Center Drive, Conference Room D, Bethesda, MD 20892. *Closed:* 2:15 p.m. to 3:45 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Natcher Building, 45 Center Drive, Conference Room D, Bethesda, MD 20892. *Contact Person:* Brent B. Stanfield, PhD, Director Division of Extramural Activities, National Institutes of Diabetes and Digestive, and Kidney Diseases, 6707 Democracy Blvd. Room 715, MSC 5452, Bethesda, MD 20892,
(301)594-8843, *stanfibr@niddk.nih.gov* . *Name of Committee:* National Diabetes and Digestive and Kidney, Diseases Advisory Council Kidney, Urologic, and HematologicDiseases Subcommittee. *Date:* May 23, 2008. *Open:* 1 p.m. to 2:15 p.m. *Agenda:* To review the Division's scientific and planning Activities. *Place:* National Institutes of Health, Natcher Building, 45 Center Drive, Conference Room F1/F2, Bethesda, MD 20892. *Closed:* 2:15 p.m. to 3:45 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Natcher Building, 45 Center Drive Conference Room F1/F2, Bethesda, MD 20892. *Contact Person:* Brent B. Stanfield, PhD, Director, Division of Extramural Activities, National Institutes of Diabetes and Digestive, and Kidney Diseases, 6707 Democracy Blvd. Room 715, Msc 5452, Bethesda, MD 20892,
(301)594-8843, *stanfibr@niddk.nih.gov* . Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person. In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit. Information is also available on the Institute's/Center's home page: *http://www.niddk.nih.gov/fund/divisions/DEA/Council/coundesc.htm.,* where an agenda and any additional information for the meeting will be posted when available. (Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS) Dated: April 17, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-8985 Filed 4-24-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Neurological Disorders and Stroke; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* Training Grant and Career Development Review Committee. *Date:* May 19-20, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* The Marriott Washington DC Hotel & Resorts, 1221 22nd Street, NW., Washington, DC 20037. *Contact Person:* Raul A. Saavedra, PhD, Scientific Review Officer, Scientific Review Branch, Division of Extramural Research, NINDS/NIH/DHHS, Nsc; 6001 Executive Blvd., Ste. 3208, Bethesda, Md 20892-9529, 301-496-9223, *saavedrr@ninds.nih.gov* . (Catalogue of Federal Domestic Assistance Program Nos. 93.853, Clinical Research Related to Neurological Disorders; 93.854, Biological Basis Research in the Neurosciences, National Institutes of Health, HHS) Dated: April 16, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-8997 Filed 4-24-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute of Allergy and Infectious Diseases, Special Emphasis Panel Antigen Presentation in Autoimmunity. *Date:* May 23, 2008. *Time:* 1 p.m. to 4 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Rockledge 6700, 6700B Rockledge Drive 3121, Bethesda, MD 20817. (Telephone Conference Call). *Contact Person:* Paul A. Amstad, PhD, Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, DHHS/National Institutes of Health/NIAID, 6700B Rockledge Drive, MSC 7616, Bethesda, MD 20892-7616, 301-402-7098, *pamstad@niaid.nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS) Dated: April 17, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-8998 Filed 4-24-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2008-0224] Announcement of Public Meeting Regarding the Naheola Railroad Bridge Across the Black Warrior-Tombigbee Waterway, Mile 173.5, Near Pennington, AL AGENCY: Coast Guard, DHS. ACTION: Notice of public meeting. SUMMARY: The Coast Guard will hold a public meeting for citizens to provide oral comments relating to the alteration of the Naheola Railroad Bridge near Pennington, Alabama. The meeting will allow interested persons to present comments and information about the bridge being unreasonably obstructive to navigation. The meeting will be open to the public. DATES: The meeting will be held on May 21, 2008, from 1 p.m. to 5 p.m. If you would like to submit written materials as part of the meeting record or request to make an oral presentation at the meeting please provide your information to the District Bridge Administrator no later than May 16, 2008. If you wish to add comments directly to the Docket, they must reach the Coast Guard no later than May 16, 2008. ADDRESSES: The meeting will be held at the Alabama's Delta Resource Center, 30945 Five Rivers Boulevard, Spanish Fort, Alabama 36527. Send written material, requests to make oral presentation or comments to Commander (dwb), Eighth Coast Guard District, Bridge Branch, 1222 Spruce Street, Room 2.107F, Saint Louis, Missouri 63103. All other comments and materials may be submitted under the Coast Guard docket number USCG-2008-0224 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 regarding this notice call Mr. Roger K. Wiebusch, Bridge Administrator, telephone
(314)269-2378. 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 action 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 notice (USCG-2008-0224), 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 notice 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 notice (USCG-2008-0224) in the Docket ID box, and click enter. You may also visit 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. 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.* Background Complaints have been received alleging that the bridge is unreasonably obstructive to navigation. Information available to the Coast Guard indicates numerous bridge allisions have occurred between 1995 and 2007. The navigation opening of the bridge is 150 feet and causes significant delays to commercial water traffic. Mariners transit the bridge under a non-navigation span when possible. During periods of high water mariners often double trip the bridge, which adds many hours to the bridge transit. Based on the comments received at the public meeting, the bridge may be found to be unreasonably obstructive to navigation. Such a finding may require relocating and increasing the horizontal clearance of the railroad bridge to meet the reasonable needs of navigation. Procedural The hearing is open to the public. Attendees at the meeting, who wish to present testimony and have not previously made a request to do so, will follow those having submitted a request, as time permits. If a large number of persons wish to speak, the presiding officer may limit the time allotted to each speaker. Conversely, the public meeting may end early if all present wishing to speak have done so. Information on Services for Individuals With Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section as soon as possible. Dated: March 20, 2008. Roger K. Wiebusch, Bridge Administrator. [FR Doc. E8-9008 Filed 4-24-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Federal Law Enforcement Training Center [Docket No. FLETC-2008-0001] State and Local Training Advisory Committee AGENCY: Federal Law Enforcement Training Center (FLETC), DHS. ACTION: Committee Management; Notice of Federal Advisory Committee Meeting. SUMMARY: On April 9, 2008, the Federal Law Enforcement Training Center announced in the **Federal Register** at 69 FR 19233 that the State and Local Training Advisory Committee would meet on April 17, 2008, in Jekyll Island, Georgia. This notice supplements that original meeting notice. DATES: The State and Local Advisory Committee meeting met on April 17, 2008, from 8 a.m. to 3 p.m. ADDRESSES: The meeting was held at the Jekyll Island Club Hotel, 371 Riverview Drive, Jekyll Island, Georgia. FOR FURTHER INFORMATION CONTACT: Reba Fischer, Designated Federal Officer, Federal Law Enforcement Training Center, Department of Homeland Security, 1131 Chapel Crossing Road, Townhouse 396, Glynco, GA 31524;
(912)267-2343; *reba.fischer@dhs.gov.* SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463). The mission of the Advisory Committee to the Office of State and Local Training is to advise and make recommendations on matters relating to the selection, development, content and delivery of training services by the OSL/FLETC to its State, local, campus, and tribal law enforcement customers. The State and Local Advisory Committee met for the purpose of discussing strategic planning; training needs of state, local, campus, and tribal law enforcement officers; validation of training; and training initiatives. The meeting was open to the public. The Federal Advisory Committee Act requires that notices of meetings of advisory committees be announced in the **Federal Register** 15 days prior to the meeting date. A notice of the meeting of the State and Local Advisory Committee was published in the **Federal Register** on April 9, 2008, 8 days prior to the meeting due to a mail delivery delay (overnight mail delayed for 6 days). Although the meeting notice was published in the **Federal Register** late, the Federal Law Enforcement Training Center made notice of the meeting in sufficient time for planning purposes to the state and local law enforcement sector via FLETC's notification system and to the public via the Federal Advisory Committee Act Database ( *http://www.fido.gov/facadatabase* ). Dated: April 10, 2008. Malcolm Adams, Acting Deputy Assistant Director, Office of State and Local Training. [FR Doc. E8-9124 Filed 4-24-08; 8:45 am] BILLING CODE 4810-32-P DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration [Docket Nos. TSA-2006-24191; Coast Guard-2006-24196] Transportation Worker Identification Credential (TWIC); Enrollment Date for the Port of Hueneme, CA AGENCY: Transportation Security Administration; United States Coast Guard; DHS. ACTION: Notice. SUMMARY: The Department of Homeland Security
(DHS)through the Transportation Security Administration
(TSA)issues this notice of the date for the beginning of the initial enrollment for the Transportation Worker Identification Credential
(TWIC)for the Port of Hueneme, CA. DATES: TWIC enrollment begins in Hueneme on May 1, 2008. ADDRESSES: You may view published documents and comments concerning the TWIC Final Rule, identified by the docket numbers of this notice, using any one of the following methods.
(1)Searching the Federal Docket Management System
(FDMS)Web page at *http://www.regulations.gov* ;
(2)Accessing the Government Printing Office's Web page at *http://www.gpoaccess.gov/fr/index.html* ; or
(3)Visiting TSA's Security Regulations Web page at *http://www.tsa.gov* and accessing the link for “Research Center” at the top of the page. FOR FURTHER INFORMATION CONTACT: James Orgill, TSA-19, Transportation Security Administration, 601 South 12th Street, Arlington, VA 22202-4220. Transportation Threat Assessment and Credentialing (TTAC), TWIC Program,
(571)227-4545; e-mail: *credentialing@dhs.gov* . Background The Department of Homeland Security (DHS), through the United States Coast Guard and the Transportation Security Administration (TSA), issued a joint final rule (72 FR 3492; January 25, 2007) pursuant to the Maritime Transportation Security Act (MTSA), Pub. L. 107-295, 116 Stat. 2064 (November 25, 2002), and the Security and Accountability for Every Port Act of 2006 (SAFE Port Act), Pub. L. 109-347 (October 13, 2006). This rule requires all credentialed merchant mariners and individuals with unescorted access to secure areas of a regulated facility or vessel to obtain a TWIC. In this final rule, on page 3510, TSA and Coast Guard stated that a phased enrollment approach based upon risk assessment and cost/benefit would be used to implement the program nationwide, and that TSA would publish a notice in the **Federal Register** indicating when enrollment at a specific location will begin and when it is expected to terminate. This notice provides the start date for TWIC initial enrollment at the Port of Hueneme, CA, on May 1, 2008. The Coast Guard will publish a separate notice in the **Federal Register** indicating when facilities within the Captain of the Port Zone Los Angeles/Long Beach, including those in the Port of Hueneme must comply with the portions of the final rule requiring TWIC to be used as an access control measure. That notice will be published at least 90 days before compliance is required. To obtain information on the pre-enrollment and enrollment process, and enrollment locations, visit TSA's TWIC Web site at *http://www.tsa.gov/twic* . Issued in Arlington, Virginia, on April 18, 2008. Rex Lovelady, Program Manager, TWIC, Office of Transportation Threat Assessment and Credentialing, Transportation Security Administration. [FR Doc. E8-8988 Filed 4-24-08; 8:45 am] BILLING CODE 9110-05-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Approval of Intertek USA, Inc., as a Commercial Gauger AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Notice of approval of Intertek USA, Inc., as a commercial gauger. SUMMARY: Notice is hereby given that, pursuant to 19 CFR 151.13, Intertek USA, Inc., 139 Castle Coakley Suite #8, St. Croix, VI 00820, has been approved to gauge petroleum, petroleum products, organic chemicals and vegetable oils for customs purposes, in accordance with the provisions of 19 CFR 151.13. Anyone wishing to employ this entity to conduct gauger services should request and receive written assurances from the entity that it is approved by the U.S. Customs and Border Protection to conduct the specific gauger service requested. Alternatively, inquires regarding the specific gauger service this entity is approved to perform may be directed to the U.S. Customs and Border Protection by calling
(202)344-1060. The inquiry may also be sent to *cbp.labhq@dhs.gov.* Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. *http://cbp.gov/xp/cgov/import/operations_support/labs_scientific_svcs/commercial_gaugers/* . DATES: The approval of Intertek USA, Inc., as commercial gauger became effective on January 15, 2008. The next triennial inspection date will be scheduled for January 2011. FOR FURTHER INFORMATION CONTACT: Randall Breaux, Laboratories and Scientific Services, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Suite 1500N, Washington, DC 20229, 202-344-1060. Dated: April 18, 2008. Ira S. Reese, Executive Director, Laboratories and Scientific Services. [FR Doc. E8-9119 Filed 4-24-08; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Proposed Information Collection; OMB Control Number 1018-0103, Conservation Order for Control of Mid-Continent Light Geese AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice; request for comments. SUMMARY: We (Fish and Wildlife Service) will ask the Office of Management and Budget
(OMB)to approve the information collection
(IC)described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This IC is scheduled to expire on June 30, 2008. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. DATES: You must submit comments on or before June 24, 2008. ADDRESSES: Send your comments on the IC to Hope Grey, Information Collection Clearance Officer, Fish and Wildlife Service, MS 222-ARLSQ, 4401 North Fairfax Drive, Arlington, VA 22203 (mail); *hope_grey@fws.gov* (e-mail); or
(703)358-2269 (fax). FOR FURTHER INFORMATION CONTACT: To request additional information about this IC, contact Hope Grey by mail, fax, or e-mail (see ADDRESSES ) or by telephone at
(703)358-2482. SUPPLEMENTARY INFORMATION: **I. Abstract** The number of light geese (lesser snow and Ross' geese) in the mid-continent region has nearly quadrupled during the past several decades due to a decline in adult mortality and an increase in winter survival. Lesser snow and Ross' geese are referred to as light geese because of their light coloration as opposed to dark geese such as white-fronted or Canada Geese. Because of their feeding activity, light geese have become seriously injurious to their habitat as well as to habitat important to other migratory birds. This poses a serious threat to the short- and long-term health and status of some migratory bird populations. We believe that the number of light geese in the mid-continent region has exceeded long-term sustainable levels for their arctic and subarctic breeding habitats and that the populations must be reduced. 50 CFR 21 provides authority for the management of overabundant mid-continent light geese. Light geese in the mid-continent region are separated into two different populations for management purposes. Lesser snow and Ross' geese that primarily migrate through North Dakota, South Dakota, Nebraska, Kansas, Iowa, and Missouri, and winter in Arkansas, Louisiana, Mississippi, and eastern, central, and southern Texas and other Gulf States are referred to as the mid-continent population of light geese. Lesser snow and Ross' geese that primarily migrate through Montana, Wyoming, and Colorado and winter in New Mexico, northwestern Texas, and Chihuahua, Mexico, are referred to as Western Central Flyway population of light geese. States that participate in the light geese conservation order must inform and brief all participants on the requirements in 50 CFR 21.60 and conservation order conditions that apply to the implementation of light geese control measures. Participating States must collect information on the number of birds taken during control efforts, the methods by which they were taken, and the date on which they were taken. We use this information to administer the conservation order and, particularly, to monitor the effectiveness of control strategies and to protect migratory birds. Each participating State must submit an annual report summarizing the activities it conducted. **II. Data** *OMB Control Number:* 1018-0103. *Title:* Conservation Order for Control of Mid-Continent Light Geese, 50 CFR 21.60. *Service Form Number(s):* None. *Type of Request:* Extension of a currently approved collection. *Affected Public:* States participating in the conservation order. *Respondent's Obligation:* Required to obtain or retain a benefit. *Frequency of Collection:* Annually. *Estimated Annual Number of Respondents:* 24. *Estimated Total Annual Responses:* 24. *Estimated Time Per Response:* 74 hours. *Estimated Total Annual Burden Hours:* 1,776. **III. Request for Comments** We invite comments concerning this IC on:
(1)whether or not the collection of information is necessary, including whether or not the information will have practical utility;
(2)the accuracy of our estimate of the burden for this collection of information;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)ways to minimize the burden of the collection of information on respondents. Comments that you submit in response to this notice are a matter of public record. We will include and/or summarize each comment in our request to OMB to approve this IC. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: February 13, 2008. Hope Grey, Information Collection Clearance Officer, Fish and Wildlife Service. [FR Doc. E8-9063 Filed 4-24-08; 8:45 am] BILLING CODE 4310-55-S DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Proposed Information Collection; OMB Control Number 1018-0115, Application for Training at the National Conservation Training Center AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice; request for comments. SUMMARY: We (Fish and Wildlife Service) will ask the Office of Management and Budget
(OMB)to approve the information collection
(IC)described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This IC is scheduled to expire on June 30, 2008. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. DATES: You must submit comments on or before June 24, 2008. ADDRESSES: Send your comments on the IC to Hope Grey, Information Collection Clearance Officer, Fish and Wildlife Service, MS 222-ARLSQ, 4401 North Fairfax Drive, Arlington, VA 22203 (mail); *hope_grey@fws.gov* (e-mail); or
(703)358-2269 (fax). FOR FURTHER INFORMATION CONTACT: To request additional information about this IC, contact Hope Grey by mail, fax, or e-mail (see ADDRESSES ) or by telephone at
(703)358-2482. SUPPLEMENTARY INFORMATION: **I. Abstract** The Fish and Wildlife Service National Conservation Training Center
(NCTC)in Shepherdstown, West Virginia, provides natural resource and other professional training for Service employees, employees of other Federal agencies, and other affiliations. While most training is for Service employees, NCTC offers student slots to State agencies, private individuals, not-for-profit organizations, and university personnel. NCTC designed FWS Form 3-2193 (Training Application) as a quick and easy method for prospective students to request training. We encourage applicants to use FWS Form 3-2193 and to submit their requests electronically. However, we do not require applicants to complete both a training form required by their agency and FWS Form 3-2193. NCTC will accept any single training request as long as each submission identifies the name, address, and phone number of the applicant, sponsoring agency, class and start date, and financial payment information. NCTC uses data from the form to generate class rosters, class transcripts, and statistics, and as a budgeting tool for projecting training requirements. It is also used to track attendance, mandatory requirements, tuition, and invoicing for all NCTC-sponsored courses both on- and off-site. **II. Data** *OMB Control Number:* 1018-0115. *Title:* Application for Training at the National Conservation Training Center *Service Form Number(s):* 3-2193. *Type of Request:* Extension of a currently approved collection. *Affected Public:* Persons who wish to participate in training given at or sponsored by the NCTC. *Respondent's Obligation:* Voluntary. *Frequency of Collection:* On occasion when applying for training at NCTC. *Estimated Annual Number of Respondents:* 720. *Estimated Total Annual Responses:* 720. *Estimated Time Per Response:* 5 minutes. *Estimated Total Annual Burden Hours:* 60. **III. Request for Comments** We invite comments concerning this IC on:
(1)whether or not the collection of information is necessary, including whether or not the information will have practical utility;
(2)the accuracy of our estimate of the burden for this collection of information;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)ways to minimize the burden of the collection of information on respondents. Comments that you submit in response to this notice are a matter of public record. We will include and/or summarize each comment in our request to OMB to approve this IC. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: February 13, 2008. Hope Grey, Information Collection Clearance Officer, Fish and Wildlife Service. [FR Doc. E8-9064 Filed 4-24-08; 8:45 am] BILLING CODE 4310-55-S INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-644] In the Matter of: Certain Composite Wear Components and Products Containing the Same; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 24, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Magotteaux International S/A of Belgium and Magotteaux, Inc. of Franklin, Tennessee. A letter supplementing the complaint was filed on April 11, 2008. The complaint as supplemented alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain composite wear components and products containing the same that infringe all of the claims of U.S. Patent No. RE 39,998. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *http://www.usitc.gov* . The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov* . FOR FURTHER INFORMATION CONTACT: Anne Goalwin, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone
(202)205-2574. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2007). *Scope of Investigation:* Having considered the complaint, the U.S. International Trade Commission, on April 21, 2008, *ordered that* —
(1)Pursuant to subsection
(b)of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain composite wear components and products containing the same that infringe one or more of claims 1-22 of U.S. Patent No. RE 39,998, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;
(2)For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:
(a)The complainants are— Magotteaux International S/A, Rue A. Dumont, Vaux-sous-Chèvremont, RPM Liege—Belgium 405,785,543. Magotteaux, Inc., 725 Cool Springs Boulevard, Franklin, Tennessee 37067.
(b)The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: AIA Engineering Limited, Plot No. 115, Gujarat Vyapari Maha Mandal, Industrial Estate, Odhav Road, Ahmedabad 38240, Gujarat, India. Vega Industries, 330 Franklin Road, Suite 135-180, Brentwood, Tennessee 37027. F.A.R. Fonderie Acciaierie Roiale S.p.A., Via Leonardo da Vinci no. 11, 33010 Reana del Roiale, Udine, Italy.
(c)The Commission investigative attorney, party to this investigation, is Anne Goalwin, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401B, Washington, DC 20436; and
(4)For the investigation so instituted, the Honorable Theodore R. Essex is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondent in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of the respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: April 22, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-9070 Filed 4-24-08; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request April 22, 2008. The Department of Labor
(DOL)hereby announces the submission of the following public information collection requests
(ICR)to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of each ICR, with applicable supporting documentation, including among other things a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site at *http://www.reginfo.gov/public/do/PRAMain* or by contacting Darrin King on 202-693-4129 (this is not a toll-free number)/e-mail: *king.darrin@dol.gov* . Interested parties are encouraged to send comments to the Office of Information and Regulatory Affairs, Attn: Bridget Dooling, OMB Desk Officer for the Employment Standards Administration (ESA), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-7316/Fax: 202-395-6974 (these are not toll-free numbers), E-mail: *OIRA_submission@omb.eop.gov* within 30 days from the date of this publication in the **Federal Register** . In order to ensure the appropriate consideration, comments should reference the OMB Control Number (see below). The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Agency:* Employment Standards Administration. *Type of Review:* Extension without change of a currently approved collection. *Title of Collection:* Request for Examination and/or Treatment. *OMB Control Number:* 1215-0066. *Form Numbers:* LS-1. *Total Estimated Number of Respondents:* 25,000. *Total Estimated Annual Burden Hours:* 81,000. *Total Estimated Annual Cost Burden:* $3,558,000. *Affected Public:* Individuals or households. *Description:* The information collected on Form LS-1 is used by the Department's Longshore Division to verify that proper medical treatment has been authorized by the employer/insurance carrier, and to determine the severity of a claimant's injuries and thus his/her entitlement to compensation benefits. The employers/insurance carriers are responsible by law to provide these benefits if a claimant is medically unable to work as a result of a work-related injury. If the information were not collected, verification of authorized medical care and entitlement to compensation benefits would not be possible. For additional information, see related notice published at 73 FR 2947 on January 16, 2008. *Agency:* Employment Standards Administration. *Type of Review:* Extension without change of a currently approved collection. *Title of Collection:* Rehabilitation Plan and Award. *OMB Control Number:* 1215-0067. *Form Numbers:* OWCP-16. *Total Estimated Number of Respondents:* 7,000. *Total Estimated Annual Burden Hours:* 3,500. *Total Estimated Annual Cost Burden:* $0. *Affected Public:* Business or other for-profit. *Description:* Form OWCP-16 serves to document the agreed upon plan for rehabilitation services submitted by the injured worker and vocational rehabilitation counselor, and OWCP's award of payment from funds provided for rehabilitation. For additional information, see related notice published at 73 FR 2946 on January 16, 2008. *Agency:* Employment Standards Administration. *Type of Review:* Revision of a currently approved collection. *Title of Collection:* Report of Changes That May Affect Your Black Lung Benefits. *OMB Control Number:* 1215-0084. *Form Numbers:* CM-929 and CM-929P. *Total Estimated Number of Respondents:* 70,000. *Total Estimated Annual Burden Hours:* 15,269. *Total Estimated Annual Cost Burden:* $0. *Affected Public:* Individuals or households. *Description:* The CM-929 is used to help determine continuing eligibility of primary beneficiaries receiving black lung benefits from the Black Lung Disability Trust Fund. For additional information, see related notice published at 72 FR 70616 on December 12, 2007. *Agency:* Employment Standards Administration. *Type of Review:* Extension without change of a currently approved collection. *Title of Collection:* Claim adjudication process for alleged presence of pneumoconiosis. *OMB Control Number:* 1215-0090. *Form Numbers:* CM-933; CM-933B; CM-988; CM-1159; and CM-2907. *Total Estimated Number of Respondents:* 17,500. *Total Estimated Annual Burden Hours:* 4,259. *Total Estimated Annual Cost Burden:* $0. *Affected Public:* Business or other for-profits. *Description:* 20 CFR 718 specifies that certain information relative to the medical condition of a claimant who is alleging the presence of pneumoconiosis be obtained as a routine function of the claim adjudication process. The medical specifications in the regulations have been formatted in a variety of forms to promote efficiency and accuracy in gathering the required data. These forms were designed to meet the need to gather medical evidence. For additional information, see related notice published at 73 FR 5592 on January 30, 2008. *Agency:* Employment Standards Administration. *Type of Review:* Extension without change of a currently approved collection. *Title of Collection:* Claim for Continuance of Compensation. *OMB Control Number:* 1215-0154. *Form Numbers:* CA-12. *Total Estimated Number of Respondents:* 4,850. *Total Estimated Annual Burden Hours:* 403. *Total Estimated Annual Cost Burden:* $1,988. *Affected Public:* Individuals or households. *Description:* The Office of Workers' Compensation Programs
(OWCP)administers the Federal Employees' Compensation Act, 5 U.S.C. 8133. Under the Act, eligible dependents of deceased employees receive compensation benefits on account of the employee's death. OWCP has to monitor death benefits for current marital status, potential for dual benefits, and other criteria for qualifying as a dependent under the law. The Form CA-12 is sent annually to beneficiaries in death cases to ensure that their status has not changed and that they remain entitled to benefits. In most cases, it is a matter of ensuring that a widow, widower, or child is still living and has not married so as to make them ineligible. The Form CA-12 is established for this purpose under 20 CFR 10.414. For additional information, see related notice published at 72 FR 69230 on December 7, 2007. *Agency:* Employment Standards Administration. *Type of Review:* Extension without change of a currently approved collection. *Title of Collection:* Housing Occupancy Certificate—Migrant and Seasonal Agricultural Worker Protection Act. *OMB Control Number:* 1215-0158. *Form Numbers:* WH-520. *Total Estimated Number of Respondents:* 100. *Total Estimated Annual Burden Hours:* 7. *Total Estimated Annual Cost Burden:* $0. *Affected Public:* Farms. *Description:* Any person who owns or controls a facility or real property to be used for housing migrant agricultural workers cannot permit any such worker to occupy the housing unless a copy of a certificate of occupancy from the state, local, or federal agency that conducted the housing safety and health inspection is posted at the site of the facility or real property. 29 U.S.C. 1823(b)(1); 29 CFR 500.135(b). The certificate attests that the facility or real property meets applicable safety and health standards. For additional information, see related notice published at 72 FR 70617 on December 12, 2007. *Agency:* Employment Standards Administration. *Type of Review:* Extension without change of a currently approved collection. *Title of Collection:* Notice of Recurrence. *OMB Control Number:* 1215-0167. *Form Numbers:* CA-2a. *Total Estimated Number of Respondents:* 680. *Total Estimated Annual Burden Hours:* 340. *Total Estimated Annual Cost Burden:* $299. *Affected Public:* Individuals or households. *Description:* The Office of Workers' Compensation Programs administers the Federal Employees' Compensation Act, (5 U.S.C. 8101, *et seq.* ), which provides for continuation of pay or compensation for work related injuries or disease that result from Federal Employment. Regulation 20 CFR 10.104 designates Form CA-2a as the form to be used to request information from claimants with previously accepted injuries who claim a recurrence of disability, and from their supervisors. The form requests information relating to the specific circumstances leading up to the recurrence as well as information about their employment and earnings. For additional information, see related notice published at 72 FR 71699 on December 18, 2007. Darrin A. King, Acting Departmental Clearance Officer. [FR Doc. E8-9097 Filed 4-24-08; 8:45 am] BILLING CODE 4510-CF-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,661] Agilent Technologies Measurement Systems Division, Loveland, CO; Notice of Affirmative Determination Regarding Application for Reconsideration By application dated April 11, 2008, a petitioner requested administrative reconsideration of the negative determination regarding workers' eligibility to apply for Trade Adjustment Assistance
(TAA)and Alternative Trade Adjustment Assistance
(ATAA)applicable to workers and former workers of the subject firm. The determination was issued on March 13, 2008. The Notice of determination was published in the **Federal Register** on March 26, 2008 (73 FR 16064). The determination was based on the Department's findings that workers separations at the subject firm were due to a shift in production of automated X-ray inspection system prototypes (including software code and hardware design functions) to Malaysia, a country that is not a party to a free trade agreement nor a beneficiary country with the United States. The subject firm did not import automated X-ray inspection system prototypes following the shift in production to a foreign source. The request for reconsideration alleges that Agilent Technologies might be in fact an importer of X-ray inspection systems and software. The petitioner also alleges that the customers of the subject firm also import X-ray inspection systems and software purchased directly from a production facility of Agilent Technologies in Malaysia. The Department has carefully reviewed the request for reconsideration and will further investigate whether imports of like or directly competitive products contributed importantly to workers separations at the subject firm. Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the U.S. Department of Labor's prior decision. The application is, therefore, granted. Signed at Washington, DC, this 17th day of April 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-9103 Filed 4-24-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,875] Bolton Metal Products Company, Bellefonte, PA; Notice of Affirmative Determination Regarding Application for Reconsideration By application dated April 11, 2008, a petitioner requested administrative reconsideration of the negative determination regarding workers' eligibility to apply for Trade Adjustment Assistance
(TAA)and Alternative Trade Adjustment Assistance
(ATAA)applicable to workers and former workers of the subject firm. The determination was issued on March 19, 2008. The Notice of determination will soon be published in the **Federal Register** . The initial investigation resulted in a negative determination based on the finding that imports of brass rod, wire, and low melt alloys did not contribute importantly to worker separations at the subject firm and no shift of production to a foreign source occurred. In the request for reconsideration, the petitioner provided additional information regarding the subject firm's customers and requested the Department of Labor conduct further investigation to determine whether workers of the subject firm are eligible for TAA on the basis of the secondary impact. The Department has carefully reviewed the requests for reconsideration and the existing record and has determined that the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974. Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the U.S. Department of Labor's prior decision. The application is, therefore, granted. Signed at Washington, DC, this 21st day of April 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-9100 Filed 4-24-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,633] Faurecia Exhaust Systems Including On-Site Leased Workers From Industrial Distribution Group—Midwest Division, Granger, IN; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on January 15, 2008, applicable to workers of Faurecia Exhaust Systems, Granger, Indiana. The notice was published in the **Federal Register** on February 1, 2008 (73 FR 6212). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of automotive exhaust systems. New information shows that leased workers of Industrial Distribution Group—Midwest Division were employed on-site at the Granger, Indiana location of Faurecia Exhaust Systems. The Department has determined that these workers were sufficiently under the control of the subject firm to be considered leased workers. Based on these findings, the Department is amending this certification to include leased workers of Industrial Distribution Group—Midwest Division working on-site at the Granger, Indiana location of the subject firm. The intent of the Department's certification is to include all workers employed at Faurecia Exhaust Systems, Granger, Indiana who were adversely affected by a shift in production of automotive exhaust systems to Mexico. The amended notice applicable to TA-W-62,633 is hereby issued as follows: All workers of Faurecia Exhaust Systems, including on-site leased workers from Industrial Distribution Group—Midwest Division, Granger, Indiana, who became totally or partially separated from employment on or after January 2, 2007, through January 15, 2010, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed at Washington, DC, this 21st day of April 2008. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-9102 Filed 4-24-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-60,804] Fedders North America, Inc., Including On-Site Workers of Airwell North America, Effingham, IL; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on February 9, 2007 to workers of Fedders North America, Effingham, Illinois. The notice was published in the **Federal Register** on February 21, 2007 (72 FR 7908). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of air conditioners, both room and central. New information shows that Airwell North America purchased the name, distributor list, some inventory and parts of the Effingham, Illinois location of Fedders North America, Inc. Some former workers of the subject firm are currently employed with Airwell North America working on-site at the Effingham, Illinois location of Fedders North America and are performing the same duties. Based on these findings, the Department is amending this certification to include all workers of Airwell North America, working on-site at the Effingham, Illinois location of the subject firm. The intent of the Department's certification is to include all workers employed at Fedders North America, Inc., Effingham, Illinois who were adversely-impacted by increased company imports of air conditioners, both room and central. The amended notice applicable to TA-W-60,804 is hereby issued as follows: All workers of Fedders North America, Inc., including on-site workers from Airwell North America, Effingham, Illinois, who became totally or partially separated from employment on or after December 28, 2006, through February 9, 2009, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed at Washington, DC this 25th day of March 2008. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-8977 Filed 4-24-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,606] Fantech, Inc., RB Kanalflakt, Inc., Kanalflakt, Inc., Sarasota, Florida; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on January 14, 2008, applicable to workers of Fantech, Inc., Sarasota, Florida. The notice was published in the **Federal Register** on February 1, 2008 (73 FR 6212). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of residential ventilation systems and premium bath fans. New information shows that RB Kanalflakt, Inc. is the parent firm of Fantech, Inc. and that some of the workers wages at the subject firm are being reported under three Unemployment Insurance
(UI)tax accounts: Fantech, Inc., RB Kanalflakt, Inc. and Kanalflakt, Inc. Accordingly, the Department is amending this certification to properly reflect this matter. The intent of the Department's certification is to include all workers of Fantech, Inc. who were adversely affected by a shift in production of residential ventilation systems and premium bath fans to Canada. The amended notice applicable to TA-W-62,606 is hereby issued as follows: All workers of Fantech, Inc., RB Kanalflakt, Inc., and Kanalflakt, Inc., Sarasota, Florida, who became totally or partially separated from employment on or after December 20, 2006, through January 14, 2010, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed at Washington, DC, this 25th day of March 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-9101 Filed 4-24-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,796] Manosh Hardwoods LLC, Sawmill Including On-Site Leased Workers of Westaff, Inc., Including Workers Whose Wages Were Paid by H.A. Manosh Corporation, Morrisville, VT; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on March 14, 2008, applicable to workers of Manosh Hardwoods LLC, Sawmill, including on-site leased workers of Westaff, Inc., Morrisville, Vermont. The notice was published in the **Federal Register** on March 26, 2008 (73 FR 16063). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers were engaged in the production of rough hardwood lumber for floors, furniture, etc. New information shows that H.A. Manosh Corporation is the parent firm of Manosh Hardwoods LLC, Sawmill. Some workers at the subject firm are involved in the closing of the business, selling off inventory and property, and have their wages reported under a separate unemployment insurance
(UI)tax account for H.A. Manosh. Accordingly, the Department is amending the certification to properly reflect this matter. The intent of the Department's certification is to include all workers of Manosh Hardwoods LLC, Sawmill who were adversely affected by increased customer imports. The amended notice applicable to TA-W-62,796 is hereby issued as follows: All workers of Manosh Hardwoods LLC, Sawmill, including on-site leased workers of Westaff, Inc., including workers whose wages were paid by H.A. Manosh Corporation, Morrisville, Vermont, who became totally or partially separated from employment on or after January 23, 2007, through March 14, 2010, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed at Washington, DC, this 27th day of March 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-8974 Filed 4-24-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Workforce Investment Act; Lower Living Standard Income Level AGENCY: Employment and Training Administration, Labor. ACTION: Notice of Determination of Lower Living Standard Income Level. SUMMARY: Under Title I of the Workforce Investment Act
(WIA)of 1998 (Pub. L. 105-220), the Secretary of Labor annually determines the Lower Living Standard Income level (LLSIL) for uses described in the law. WIA defines the term “Low Income Individual” as one who qualifies under various criteria, including an individual who received income for a six-month period that does not exceed the higher level of the poverty line or 70 percent of the LLSIL. This issuance provides the Secretary's annual LLSIL for 2008 and references the current 2008 Health and Human Services “Poverty Guidelines.” DATES: *Effective Date:* This notice is effective on the date of publication in the **Federal Register** . ADDRESSES: Send written comments to: Mr. Evan Rosenberg, Department of Labor, Employment and Training Administration, 200 Constitution Ave., NW., Room N-4464, Washington, DC 20210. FOR FURTHER INFORMATION CONTACT: Please contact Mr. Evan Rosenberg, telephone 202-693-3593; fax 202-693-3532 (these are not toll-free numbers). SUPPLEMENTARY INFORMATION: It is the purpose of the Workforce Investment Act of 1998 “to provide workforce investment activities, through statewide and local workforce investment systems, that increase the employment, retention, and earnings of participants, and increase occupational skill attainment by participants, and as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the Nation.” The LLSIL is used for several purposes under WIA. Specifically, WIA section 101(25) defines the term “low income individual” for eligibility purposes, and sections 127(b)(2)(C) and 132(b)(1)(B)(v)(IV) define the terms “disadvantaged youth” and “disadvantaged adult” in terms of the poverty line or LLSIL for state formula allotments. The Governor and state/local workforce investment boards
(WIBs)use the LLSIL for determining eligibility for youth, eligibility for employed adult workers for certain services and for the Work Opportunity Tax Credit (WOTC). We encourage the Governors and state/local WIBs to consult WIA regulations and the preamble to the WIA Final Rule (published at 65 FR 49294 August 11, 2000) for more specific guidance in applying the LLSIL to program requirements. The Department of Health and Human Services
(HHS)published the annual 2008 update of the poverty-level guidelines in the **Federal Register** at 72 FR 3147-3148 on Jan. 23, 2008. The HHS 2008 Poverty guidelines may also be found on the Internet at: *http://aspe.hhs.gov/poverty/08fedreg.pdf.* ETA plans to have the 2008 LLSIL available on its Web site at [ *http://www.doleta.gov/llsil/2008/* ]. WIA section 101(24) defines the LLSIL as “that income level (adjusted for regional, metropolitan, urban and rural differences and family size) determined annually by the Secretary [of Labor] based on the most recent lower living family budget issued by the Secretary.” The most recent lower living family budget was issued by the Secretary in the fall of 1981. The four-person urban family budget estimates, previously published by the Bureau of Labor Statistics (BLS), provided the basis for the Secretary to determine the LLSIL. BLS terminated the four-person family budget series in 1982, after publication of the fall 1981 estimates. Currently, BLS provides data to ETA through which ETA develops the LLSIL tables, as provided in the Appendices. ETA published the 2007 updates to the LLSIL in the **Federal Register** of June 4, 2007, at 72 FR 30858. This notice again updates the LLSIL to reflect cost of living increases for 2007, by applying the percentage change in the December 2007 Consumer Price Index for All Urban Consumers (CPI-U), compared with the December 2006 CPI-U to each of the June 4, 2007, LLSIL figures. Those updated figures for a family-of-four are listed in Appendix A, Table 1, by region for both metropolitan and non-metropolitan areas. Figures in all of the accompanying tables, in the Appendices, are rounded up to the nearest dollar. Since low income individuals, “disadvantaged adult” and “disadvantaged youth” may be determined by family income at 70 percent of the LLSIL, pursuant to WIA Sections 101(25), 127(b)(2)(C), and 132(b)(1)(B)(v)(IV), respectively, those figures are listed as well. Jurisdictions included in the various regions, based generally on Census Divisions of the U.S. Department of Commerce, are as follows: Northeast Connecticut. Maine. Massachusetts. New Hampshire. New Jersey. New York. Pennsylvania. Rhode Island. Vermont. Virgin Islands. Midwest Illinois. Indiana. Iowa. Kansas. Michigan. Minnesota. Missouri. Nebraska. North Dakota. Ohio. South Dakota. Wisconsin. South Alabama. American Samoa. Arkansas. Delaware. District of Columbia. Florida. Georgia. Northern Marianas. Oklahoma. Palau. Puerto Rico. South Carolina. Kentucky. Louisiana. Marshall Islands. Maryland. Micronesia. Mississippi. North Carolina. Tennessee. Texas. Virginia. West Virginia. West Arizona. California. Colorado. Idaho. Montana. Nevada. New Mexico. Oregon. Utah. Washington. Wyoming. Additionally, separate figures have been provided for Alaska, Hawaii, and Guam as indicated in Appendix B, Table 2. For Alaska, Hawaii, and Guam, the year 2007 figures were updated from the June 4, 2007, “State Index” based on the ratio of the urban change in the State (using Anchorage for Alaska and Honolulu for Hawaii and Guam) compared to the West regional metropolitan change, and then applying that index to the West regional metropolitan change. Data on 23 selected MSAs are also available. These are based on semiannual CPI-U changes for a 12-month period ending in December 2007. The updated LLSIL figures for these MSAs and 70 percent of the LLSIL are reported in Appendix C, Table 3. Appendix D, Table 4 lists each of the various figures at 70 percent of the updated 2008 LLSIL for family sizes of one to six persons. Because tables 1-3 only list the LLSIL for a family of four, table 4 can be used to determine the LLSIL for families of one to six persons. For families larger than six persons, an amount equal to the difference between the six-person and the five-person family income levels should be added to the six-person family income level for each additional person in the family. Where the poverty level for a particular family size is greater than the corresponding LLSIL figure, the figure is indicated in parentheses. A modified Excel version of Appendix D, Table 4, with the area names, will be available on the Department of Labor, Employment and Training Administration LLSIL Webpage at ( *http://www.doleta.gov/llsil/2008/* ). Appendix E, Table 5, indicates 100 percent of LLSIL for family sizes of one to six and is used to determine self-sufficiency as noted at 20 CFR 663.230 of the WIA regulations and WIA Section 134(d)(3)(A)(ii). Use of These Data Governors should designate the appropriate LLSILs for use within the State from Appendices A, B, and C, containing Tables 1 through 3. Appendices D and E, which contain Tables 4 and 5, may be used with any LLSIL designated. The Governor's designation may be provided by disseminating information on MSAs and metropolitan and non-metropolitan areas within the State or it may involve further calculations. For example, the State of New Jersey may have four or more LLSIL figures for Northeast metropolitan, Northeast non-metropolitan, portions of the State in the New York City MSA, and those in the Philadelphia MSA. If a workforce investment area includes areas that would be covered by more than one figure, the Governor may determine which is to be used. Under 20 CFR 661.110, a State's policies and measures for the workforce investment system shall be accepted by the Secretary to the extent that they are consistent with the WIA and the WIA regulations. Disclaimer on Statistical Uses It should be noted, the publication of these figures is only for the purpose of meeting the requirements specified by WIA as defined in the law and regulations. BLS has not revised the lower living family budget since 1981, and has no plans to do so. The four-person urban family budget estimates series has been terminated. The CPI-U adjustments used to update the LLSIL for this publication are not precisely comparable, most notably because certain tax items were included in the 1981 LLSIL, but are not in the CPI-U. Thus, these figures should not be used for any statistical purposes, and are valid only for those purposes under WIA as defined in the law and regulations. Lower Living Standard Income Level for 2008 Under Title I of the Workforce Investment Act of 1998 (Pub. L. 105—220), the Secretary of Labor annually determines the Lower Living Standard Income Level (LLSIL). This Notice announces the LLSIL Tables for 2008. WIA requires the Department of Labor to update and publish the LLSIL tables annually. The LLSIL tables are used for several purposes under WIA, including determining eligibility for youth and for the Work Opportunity Tax Credit. Signed at Washington, DC, this 18th of April, 2008. Brent R. Orrell, Acting Assistant Secretary, Employment and Training Administration. Attachments Appendix A Table 1.—Lower Living Standard Income Level (for a Family of Four Persons) by Region 1 Region 2 2008 Adjusted LLSIL 70 Percent LLSIL Northeast: Metro $37,441 $26,208 Non-Metro 3 36,050 25,235 Midwest: Metro 33,298 23,309 Non-Metro 31,881 22,317 South: Metro 32,176 22,523 Non-Metro 30,740 21,518 West: Metro 36,664 25,665 Non-Metro 4 35,409 24,786 1 For ease of use, these figures are rounded to the next highest dollar. 2 Metropolitan area measures were calculated from the weighted average CPI-Us for city size classes A and B/C. Non-metropolitan area measures were calculated from the CPI-Us for city size class D. 3 Non-metropolitan area percent changes for the Northeast region are no longer available. The Non-metropolitan percent change was calculated using the U.S. average CPI-U for city size class D. 4 Non-metropolitan area percent changes for the West region are unpublished data. Appendix B Table 2.—Lower Living Standard Income Level (for a Family of Four Persons)—Alaska, Hawaii and Guam 1 Region 2008 Adjusted LLSIL 70 Percent LLSIL Alaska: Metro $44,250 $30,975 Non-Metro 2 44,428 31,099 Hawaii, Guam: Metro 47,622 33,335 Non-Metro 2 47,430 33,201 1 For ease of use, these figures are rounded to the next highest dollar. 2 Non-Metropolitan percent changes for Alaska, Hawaii and Guam were calculated from the CPI-Us for city size class D in the Western Region. Appendix C Table 3.—Lower Living Standard Income Level (for a Family of Four Persons) 23 MSAs 1 Metropolitan statistical areas
(MSAs)2008 Adjusted LLSIL 70 Percent LLSIL Anchorage, AK $44,250 $30,975 Atlanta, GA 31,719 22,203 Boston—Brockton—Nashua, MA/NH/ME/CT 40,864 28,605 Chicago—Gary—Kenosha, IL/IN/WI 35,158 24,611 Cincinnati—Hamilton, OH/KY/IN 33,026 23,118 Cleveland—Akron, OH 34,473 24,131 Dallas—Ft. Worth, TX 30,779 21,545 Denver—Boulder—Greeley, CO 34,312 24,018 Detroit—Ann Arbor—Flint, MI 32,312 22,618 Honolulu, HI 47,622 33,335 Houston—Galveston—Brazoria, TX 29,819 20,873 Kansas City, MO/KS 31,656 22,159 Los Angeles—Riverside—Orange County, CA 38,783 27,148 Milwaukee—Racine, WI 32,338 22,637 Minneapolis—St. Paul, MN/WI 32,544 22,781 New York—Northern NJ—Long Island, NY/NJ/CT/PA 39,572 27,700 Philadelphia—Wilmington—Atlantic City, PA/NJ/DE/MD 36,463 25,524 Pittsburgh, PA 39,203 27,442 St. Louis, MO/IL 31,291 21,904 San Diego, CA 41,459 29,021 San Francisco—Oakland—San Jose, CA 38,904 27,233 Seattle—Tacoma—Bremerton, WA 39,549 27,684 Washington—Baltimore, DC/MD/VA/WV 2 40,013 28,009 1 For ease of use, these figures are rounded to the next highest dollar. 2 Baltimore and Washington are now calculated as a single metropolitan statistical area. Appendix D Table 4.—Seventy Percent of Updated 2008 Lower Living Standard Income Level (LLSIL), by Family Size To use the 70 percent LLSIL value, where it is stipulated for WIA programs, begin by locating the region or metropolitan area where they reside. These are listed in Tables 1, 2 and 3. After locating the appropriate region or metropolitan statistical area, find the 70 percent LLSIL amount for that location. The 70 percent LLSIL figures are listed in the last column to the right on each of the three tables. These figures apply to a family of four. Larger and smaller family eligibility is based on a percentage of the family of four. To determine eligibility for other size families consult table 4 and the instructions below. To use Table 4, locate the 70 percent LLSIL value that applies to the individual's region or metropolitan area from Tables 1, 2 or 3. Find the same number in the “family of four” column of Table 4. Move left or right across that row to the size that corresponds to the individual's family unit. That figure is the maximum household income the individual is permitted in order to qualify as economically disadvantaged under WIA. Where the HHS poverty level for a particular family size is greater than the corresponding LLSIL figure, the LLSIL figure appears in a shaded block. Individuals from these size families may consult the 2008 HHS poverty guidelines found in the **Federal Register** , Vol. 72, No. 15, January 24, 2008, pp. 3147-3148 (on the Internet at *http://aspe.hhs.gov/poverty/07fedreg.htm* ) to find the higher eligibility standard. Individuals from Alaska and Hawaii should consult the HHS guidelines for the generally higher poverty levels that apply in their states. BILLING CODE 4510-FT-P EN25AP08.206 BILLING CODE 4510-FT-C Appendix E Table 5.—Updated 2008 LLSIL (100%), By Family Size To use the LLSIL to determine the minimum level for establishing self-sufficiency criteria at the State or local level, begin by locating the metropolitan area or region from Table 1, 2 or 3. Then locate the appropriate region or metropolitan statistical area and then find the 2008 Adjusted LLSIL amount for that location. These figures apply to a family of four. Locate the correspon55ding number in the family of four in the column below. Move left or right across that row to the size that corresponds to the individual's family unit. That figure is the minimum figure States must set for determining whether employment leads to self-sufficiency under WIA programs. EN25AP08.207 [FR Doc. E8-9076 Filed 4-24-08; 8:45 am] BILLING CODE 4510-FT-C DEPARTMENT OF LABOR Occupational Safety and Health Administration Maritime Advisory Committee for Occupational Safety and Health; Notice of Meeting AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Maritime Advisory Committee for Occupational Safety and Health; notice of meeting. SUMMARY: The Maritime Advisory Committee for Occupational Safety and Health (“MACOSH” or “Committee”) was established to advise the Assistant Secretary of Labor for OSHA on issues relating to occupational safety and health in the maritime industries. The purpose of this **Federal Register** notice is to announce the MACOSH and workgroup meetings scheduled for May 20-21, 2008. DATES: The workgroups will meet on May 20, 2008, and MACOSH will meet on May 21, 2008. ADDRESSES: The Committee and workgroups will meet at the Wyndham Jacksonville Riverwalk Hotel, 1515 Prudential Drive, Jacksonville, FL 32207. The Longshoring workgroup will meet in the Rope Room of the hotel; the other workgroups will meet in the Tug Room of the hotel. MACOSH will meet in the hotel's Port Room. Mail comments, views, or statements in response to this notice to Vanessa L. Welch, Office of Maritime, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; phone
(202)693-2086; Fax:
(202)693-1663. FOR FURTHER INFORMATION CONTACT: For general information about MACOSH and this meeting, contact: Joseph V. Daddura, Director, Office of Maritime, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; phone:
(202)693-2086. Individuals with disabilities wishing to attend the meeting should contact Vanessa L. Welch at
(202)693-2086 no later than May 5, 2008, to obtain appropriate accommodations. SUPPLEMENTARY INFORMATION: All MACOSH meetings and workgroup meetings are open to the public. All interested persons are invited to attend the MACOSH and workgroup meetings at the times and places listed below. MACOSH will meet from 8 a.m. until approximately 5 p.m. on Wednesday, May 21, 2008, in the hotel's Port Room. The Shipyards workgroup will meet on Tuesday, May 20, 2008, from 8 a.m. until 10 a.m. in the Tug Room. The Longshoring workgroup will meet on Tuesday, May 20, 2008, from 8 a.m. until 10 a.m. in the Rope Room. The Cranes and Falls workgroup will meet on Tuesday, May 20, 2008, from 10 a.m. until 12 p.m. in the Tug Room. The Outreach and Safety Culture workgroup will meet on Tuesday, May 20, 2008, from 1 p.m. until 3 p.m. in the Tug Room. The Health workgroup will meet on Tuesday, May 20, 2008, from 3 p.m. until 4 p.m. in the Tug Room. The meeting times for each workgroup are approximate and subject to change without advance notice. *MACOSH Agenda:* The agenda will include: An OSHA activities update; a review of the minutes from the previous meeting; a review of the achievements of the committee during the last 2 years; and reports from each workgroup. MACOSH may also discuss the following topics based on the workgroup reports: spray paint standards and hot work on coatings; the shipbreaking guidance document; electrical standards; the roll-on roll-off cargo guidance document; the International Maritime Organization's initiative on cargo-lashing safety; the flat-rack guidance document; working over water from aerial work platforms; working under a suspended load; the barge safety guidance document; leading indicators; substance abuse; and radiation exposure in marine terminals. *Public Participation:* Written data, views, or comments for consideration by MACOSH on the various agenda items listed above should be submitted to Vanessa L. Welch at the address listed above. Submissions received by May 5, 2008, will be provided to Committee members and will be included in the record of the meeting. Requests to make oral presentations to the Committee may be granted as time permits. Anyone wishing to make an oral presentation to the Committee on any of the agenda items listed above should notify Vanessa L. Welch by May 5, 2008. The request should state the amount of time desired, the capacity in which the person will appear, and a brief outline of the content of the presentation. Authority: Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice under the authority granted by sections 6(b)(1) and 7(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655, 656), the Federal Advisory Committee Act (5 U.S.C. App. 2), Secretary of Labor's Order 5-2007 (72 FR 31159), and 29 CFR parts 1911 and 1912. Signed at Washington, DC, on April 22, 2008. Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E8-9045 Filed 4-24-08; 8:45 am] BILLING CODE 4510-26-P FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION Sunshine Act Meeting April 14, 2008. Time and Date: 10 a.m., Friday, May 2, 2008. Place: The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey Avenue, NW., Washington, DC. Status: Open. Matters To Be Considered: The Commission will hear oral argument in the matter *Secretary of Labor* v. *Phelps Dodge Tyrone, Inc.,* Docket No. CENT 2006-212-RM. (Issues include whether the Administrative Law Judge erred in concluding that an unplanned fire that was not extinguished within 30 minutes occurred and therefore that the operator violated the requirement of 30 CFR 50.10 that such an accident be reported to MSHA within 15 minutes.) Any person attending this oral argument who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and 2706.160(d). Contact Person for More Info: Jean Ellen
(202)434-9950/(202) 708-9300 for TDD Relay/1-800-877-8339 for toll free. Jean H. Ellen, Chief Docket Clerk. [FR Doc. E8-8963 Filed 4-24-08; 8:45 am] BILLING CODE 6735-01-M NUCLEAR REGULATORY COMMISSION [Docket No. 50-281] Virginia Electric And Power Company Surry Power Station, Unit No. 2; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. DPR-37 issued to Virginia Electric and Power Company for operation of the Surry Power Station, Unit No. 2 located in Surry County, Virginia. The proposed amendment would allow a one-cycle revision to Surry Power Station, Unit No. 2 Technical Specifications (TSs). Specifically, TS 6.4.Q, “Steam Generator
(SG)Program,” and TS 6.6.3, “Steam Generator Tube Inspection Report,” will be revised to incorporate an interim alternate repair criterion
(IARC)into the provisions for SG tube repair for use during the Surry Power Station, Unit No. 2, 2008 spring refueling outage and the subsequent operating cycle. This amendment application requests approval of an IARC that requires full-length inspection of the tubes within the tubesheet but does not require plugging tubes if any circumferential cracking observed in the region greater than 17 inches from the top of the tubesheet
(TTS)is less than a value sufficient to permit the remaining circumferential ligament to transmit the limiting axial loads. This amendment application is required to preclude unnecessary SG tube plugging while still maintaining tube structural and leakage integrity. This amendment application includes SUNSI (proprietary information). Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations. The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regulations in Title 10 of the CODE OF FEDERAL REGULATIONS (10 CFR), Section 50.92, this means that operation of the facility in accordance with the proposed amendment would not
(1)involve a significant increase in the probability or consequences of an accident previously evaluated; or
(2)create the possibility of a new or different kind of accident from any accident previously evaluated; or
(3)involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:
(1)Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated? *Response:* No. Of the various accidents previously evaluated, the proposed changes only affect the steam generator tube rupture
(SGTR)event evaluation and the postulated steam line break (SLB), and locked rotor evaluations. Loss-of-coolant accident
(LOCA)conditions cause a compressive axial load to act on the tube. Therefore, since the LOCA tends to force the tube into the tubesheet rather than pull it out, it is not a factor in this amendment request. Another faulted load consideration is a safe shutdown earthquake (SSE); however, the seismic analysis of Model F steam generators has shown that axial loading of the tubes is negligible during an SSE. At normal operating pressures, leakage from PWSCC below 17 inches from the TTS is limited by both the tube-to-tubesheet crevice and the limited crack opening permitted by the tubesheet constraint. Consequently, negligible normal operating leakage is expected from cracks within the tubesheet region. For the SGTR event, the required structural margins of the steam generator tubes is maintained by limiting the allowable ligament size for a circumferential crack to remain in service to 203 degrees below 17 inches from the TTS for the subsequent operating cycle. Tube rupture is precluded for cracks in the hydraulic expansion region due to the constraint provided by the tubesheet. The potential for tube pullout is mitigated by limiting the allowable crack size to 203 degrees subsequent operating cycle. These allowable crack sizes take into account eddy current uncertainty and crack growth rate. It has been shown that a circumferential crack with an azimuthal extent of 203 degrees for the 18-month SG tubing eddy current inspection interval meets the performance criteria of NEI 97-06, Rev. 2, “Steam Generator Program Guidelines” and Draft Regulatory Guide
(RG)1.121, “Bases for Plugging Degraded PWR Steam Generator Tubes.” Therefore, the margin against tube burst/pullout is maintained during normal and postulated accident conditions and the proposed change does not result in a significant increase in the probability or consequence of a SGTR. The probability of a SLB is unaffected by the potential failure of a SG tube as the failure of a tube is not an initiator for a SLB event. SLB leakage is limited by leakage flow restrictions resulting from the leakage path above potential cracks through the tube-to-tubesheet crevice. The leak rate during postulated accident conditions (including locked rotor) has been shown to remain within the accident analysis assumptions for all axial or circumferentially oriented cracks occurring 17 inches below the top of the tubesheet. Since normal operating leakage is limited to 150 gpd, the attendant accident condition leak rate, assuming all leakage to be from indications below 17 inches from the top of the tubesheet would be bounded by 470 gpd. This value is within the accident analysis assumptions for the limiting design basis accident for Surry, which is the postulated SLB event. Based on the above, the performance criteria of NEI-97-06, Rev. 2 and Draft Regulatory Guide
(RG)1.121 continue to be met and the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.
(2)Does the proposed change create the possibility of a new or different accident from any accident previously evaluated? *Response:* No. The proposed change does not introduce any changes or mechanisms that create the possibility of a new or different kind of accident. Tube bundle integrity is expected to be maintained for all plant conditions upon implementation of the interim alternate repair criteria. The proposed change does not introduce any new equipment or any change to existing equipment. No new effects on existing equipment are created nor are any new malfunctions introduced. Therefore, based on the above evaluation, the proposed changes do not create the possibility of a new or different kind of accident from any accident previously evaluated. Does the proposed change involve a significant reduction in a margin of safety? *Response:* No. The proposed change maintains the required structural margins of the steam generator tubes for both normal and accident conditions. NEI 97-06, Rev. 2 and RG 1.121 are used as the basis in the development of the limited tubesheet inspection depth methodology for determining that steam generator tube integrity considerations are maintained within acceptable limits. RG 1.121 describes a method acceptable to the NRC staff for meeting GDC 14, 15, 31, and 32 by reducing the probability and consequences of an SGTR. RG 1.121 concludes that by determining the limiting safe conditions of tube wall degradation beyond which tubes with unacceptable cracking, as established by inservice inspection, should be removed from service or repaired, the probability and consequences of a SGTR are reduced. This RG uses safety factors on loads for tube burst that are consistent with the requirements of Section III of the ASME Code. For axially oriented cracking located within the tubesheet, tube burst is precluded due to the presence of the tubesheet. For circumferentially oriented cracking in a tube or the tube-to-tubesheet weld, Reference 6 defines a length of remaining tube ligament that provides the necessary resistance to tube pullout due to the pressure induced forces (with applicable safety factors applied). Additionally, it is shown that application of the limited tubesheet inspection depth criteria will not result in unacceptable primary-to-secondary leakage during all plant conditions. Based on the above, it is concluded that the proposed changes do not result in any reduction of margin with respect to plant safety as defined in the Updated Final Safety Analysis Report or bases of the plant Technical Specifications. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the **Federal Register** a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. Written comments may be submitted by mail to the Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this **Federal Register** notice. Written comments may also be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. The filing of requests for hearing and petitions for leave to intervene is discussed below. Within 60 days after the date of publication of this notice, the person(s) may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person(s) whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request via electronic submission through the NRC E-filing system for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's “Rules of Practice for Domestic Licensing Proceedings” in 10 CFR part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/doc-collections/cfr/* . If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements:
(1)The name, address and telephone number of the requestor or petitioner;
(2)the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding;
(3)the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and
(4)the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment. A request for hearing or a petition for leave to intervene must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR 49139). The E-Filing process requires participants to submit and serve documents over the internet or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least five
(5)days prior to the filing deadline, the petitioner/requestor must contact the Office of the Secretary by e-mail at *HEARINGDOCKET@NRC.GOV* , or by calling
(301)415-1677, to request
(1)a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or
(2)creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each petitioner/requestor will need to download the Workplace Forms Viewer TM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer TM is free and is available at *http://www.nrc.gov/site-help/e-submittals/install-viewer.html* . Information about applying for a digital ID certificate is available on NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html* . Once a petitioner/requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format
(PDF)in accordance with NRC guidance available on the NRC public Web site at *http://www.nrc.gov/site-help/e-submittals.html* . A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the “Contact Us” link located on the NRC Web site at *http://www.nrc.gov/site-help/e-submittals.html* or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is
(800)397-4209 or locally,
(301)415-4737. Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by:
(1)First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or
(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later than 11:59 p.m. Eastern Time on the due date. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHD_Proceeding/home.asp* , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, Participants are requested not to include copyrighted materials in their submissions. For further details with respect to this license amendment application, see the application for amendment dated April 14, 2008, which is available for public inspection at the Commission's PDR, located at One White Flint North, File Public Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html* . Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov* . Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information (SUNSI) for Contention Preparation Virginia Electric And Power Company, Docket No 50-281, Surry Power Station, Unit No. 2, Surry County, Virginia 1. This order contains instructions regarding how potential parties to this proceeding may request access to documents containing sensitive unclassified information (including SUNSI and SGI). 2. Within ten
(10)days after publication of this notice of opportunity for hearing, any potential party as defined in 10 CFR 2.4 who believes access to SUNSI or SGI is necessary for a response to the notice may request access to SUNSI or SGI. A “potential party” is any person who intends or may intend to participate as a party by demonstrating standing and the filing of an admissible contention under 10 CFR 2.309. Requests submitted later than ten
(10)days will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier. 3. The requester shall submit a letter requesting permission to access SUNSI and/or SGI to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to the Associate General Counsel for Hearings, Enforcement and Administration, Office of the General Counsel, Washington, DC 20555-0001. The expedited delivery or courier mail address for both offices is U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, MD 20852. The e-mail address for the Office of the Secretary and the Office of the General Counsel are *HearingDocket@nrc.gov* and *OGCmail@nrc.gov,* respectively. 1 The request must include the following information: 1 See footnote 6. While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC's “E-Filing Rule,” the initial request to access SUNSI and/or SGI under these procedures should be submitted as described in this paragraph. a. A description of the licensing action with a citation to this **Federal Register** notice of opportunity for hearing; b. The name and address of the potential party and a description of the potential party's particularized interest that could be harmed by the licensing action identified in
(a)if the licensing action is not sustained; c. If the request is for SUNSI, the identity of the individual requesting access to SUNSI and the requester's need for the information in order to meaningfully participate in this adjudicatory proceeding, particularly why publicly available versions of the application would not be sufficient to provide the basis and specificity for a proffered contention; d. If the request is for SGI, the identity of the individual requesting access to SGI and the identity of any expert, consultant or assistant who will aid the requester in evaluating the SGI, and information that shows:
(i)Why the information is indispensable to meaningful participation in this licensing proceeding; and
(ii)The technical competence (demonstrable knowledge, skill, experience, training or education) of the requester to understand and use (or evaluate) the requested information to provide the basis and specificity for a proffered contention. The technical competence of a potential party or its counsel may be shown by reliance on a qualified expert, consultant or assistant who demonstrates technical competence as well as trustworthiness and reliability, and who agrees to sign a non-disclosure affidavit and be bound by the terms of a protective order; and e. If the request is for SGI, Form SF-85, “Questionnaire for Non-Sensitive Positions,” Form FD-248 (fingerprint card), and a credit check release form completed by the individual who seeks access to SGI and each individual who will aid the requester in evaluating the SGI. For security reasons, Form SF-85 can only be submitted electronically, through a restricted-access database. To obtain online access to the form, the requester should contact the NRC's Office of Administration at 301-415-0320. 2 The other completed forms must be signed in original ink, accompanied by a check or money order payable in the amount of [$191.00] to the U.S. Nuclear Regulatory Commission for each individual, and mailed to the: Office of Administration, Security Processing Unit, Mail Stop T-6E46, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0012. 2 The requester will be asked to provide his or her full name, social security number, date and place of birth, telephone number, and e-mail address. After providing this information, the requester usually should be able to obtain access to the online form within one business day. These forms will be used to initiate the background check, which includes fingerprinting as part of a criminal history records check. Note: Copies of these forms do *not* need to be included with the request letter to the Office of the Secretary, but the request letter should state that the forms and fees have been submitted as described above. 4. To avoid delays in processing requests for access to SGI, all forms should be reviewed for completeness and accuracy (including legibility) before submitting them to the NRC. Incomplete packages will be returned to the sender and will not be processed. 5. Based on an evaluation of the information submitted under items 2 and 3.a through 3.d, above, the NRC staff will determine within ten days of receipt of the written access request whether
(1)there is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding, and
(2)there is a legitimate need for access to SUNSI or need to know the SGI requested. For SGI, the need to know determination is made based on whether the information requested is necessary ( *i.e.,* indispensable) for the proposed recipient to proffer and litigate a specific contention in this NRC proceeding 3 and whether the proposed recipient has the technical competence (demonstrable knowledge, skill, training, education, or experience) to evaluate and use the specific SGI requested in this proceeding. 3 Broad SGI requests under these procedures are thus highly unlikely to meet the standard for need to know; furthermore, staff redaction of information from requested documents before their release may be appropriate to comport with this requirement. These procedures do not authorize unrestricted disclosure or less scrutiny of a requester's need to know than ordinarily would be applied in connection with an already-admitted contention. 6. If standing and need to know SGI are shown, the NRC staff will further determine based upon completion of the background check whether the proposed recipient is trustworthy and reliable. The NRC staff will conduct (as necessary) an inspection to confirm that the recipient's information protection systems are sufficient to protect SGI from inadvertent release or disclosure. Recipients may opt to view SGI at the NRC's facility rather than establish their own SGI protection program to meet SGI protection requirements. 7. A request for access to SUNSI or SGI will be granted if: a. The request has demonstrated that there is a reasonable basis to believe that a potential party is likely to establish standing to intervene or to otherwise participate as a party in this proceeding; b. The proposed recipient of the information has demonstrated a need for SUNSI or a need to know for SGI, and that the proposed recipient of SGI is trustworthy and reliable; c. The proposed recipient of the information has executed a Non-Disclosure Agreement or Affidavit and agrees to be bound by the terms of a Protective Order setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI and/or SGI; and d. The presiding officer has issued a protective order concerning the information or documents requested. 4 Any protective order issued shall provide that the petitioner must file SUNSI or SGI contentions 25 days after receipt of (or access to) that information. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI or SGI contentions by that later deadline. 4 If a presiding officer has not yet been designated, the Chief Administrative Judge will issue such orders, or will appoint a presiding officer to do so. 8. If the request for access to SUNSI or SGI is granted, the terms and conditions for access to sensitive unclassified information will be set forth in a draft protective order and affidavit of non-disclosure appended to a joint motion by the NRC staff, any other affected parties to this proceeding, 5 and the petitioner(s). If the diligent efforts by the relevant parties or petitioner(s) fail to result in an agreement on the terms and conditions for a draft protective order or non-disclosure affidavit, the relevant parties to the proceeding or the petitioner(s) should notify the presiding officer within five
(5)days, describing the obstacles to the agreement. 5 Parties/persons other than the requester and the NRC staff will be notified by the NRC staff of a favorable access determination (and may participate in the development of such a motion and protective order) if it concerns SUNSI and if the party/person's interest independent of the proceeding would be harmed by the release of the information (e.g., as with proprietary information). 9. If the request for access to SUNSI is denied by the NRC staff or a request for access to SGI is denied by NRC staff either after a determination on standing and need to know or, later, after a determination on trustworthiness and reliability, the NRC staff shall briefly state the reasons for the denial. Before the Office of Administration makes an adverse determination regarding access, the proposed recipient must be provided an opportunity to correct or explain information. The requester may challenge the NRC staff's adverse determination with respect to access to SUNSI or with respect to standing or need to know for SGI by filing a challenge within five
(5)days of receipt of that determination with
(a)the presiding officer designated in this proceeding;
(b)if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an administrative law judge with jurisdiction pursuant to § 2.318(a); or
(c)if another officer has been designated to rule on information access issues, with that officer. In the same manner, an SGI requester may challenge an adverse determination on trustworthiness and reliability by filing a challenge within fifteen
(15)days of receipt of that determination. In the same manner, a party other than the requester may challenge an NRC staff determination granting access to SUNSI whose release would harm that party's interest independent of the proceeding. Such a challenge must be filed within five
(5)days of the notification by the NRC staff of its grant of such a request. If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether granting or denying access) is governed by 10 CFR 2.311. 6 6 As of October 15, 2007, the NRC's final “E-Filing Rule” became effective. See Use of Electronic Submissions in Agency Hearings (72 FR 49139; Aug. 28, 2007). Requesters should note that the filing requirements of that rule apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI/SGI requests submitted to the NRC staff under these procedures. 10. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI and/or SGI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those [intervenors/petitioners] who have standing and who have propounded contentions meeting the specificity and basis requirements in 10 CFR part 2. Attachment 1 to this Order summarizes the general target schedule for processing and resolving requests under these procedures. Dated at Rockville, Maryland, this 21st day of April 2008. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. Attachment 1.—General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information (SUNSI) and Safeguards Information
(SGI)in This Proceeding Day Event/activity 0 Publication of **Federal Register** notice of proposed action and opportunity for hearing, including order with instructions for access requests. 10 Deadline for submitting requests for access to SUNSI and/or SGI with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; demonstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check. [20, 30 or 60] Deadline for submitting petition for intervention containing:
(i)Demonstration of standing;
(ii)all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 20 NRC staff informs the requester of the staff's determination whether the request for access provides a reasonable basis to believe standing can be established and shows
(1)need for SUNSI or
(2)need to know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections. 25 If NRC staff finds no “need,” “need to know,” or likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff's denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds “need” for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff's grant of access. 30 Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. 190 (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes an adverse determination regarding access, the proposed recipient must be provided an opportunity to correct or explain information. 205 Deadline for petitioner to seek reversal of a final adverse NRC staff determination either before the presiding officer or another designated officer. A If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3 Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order. A + 28 Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI or SGI contentions by that later deadline. A + 53 (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. A + 60 (Answer receipt +7) Petitioner/Intervenor reply to answers. B Decision on contention admission. 205 Deadline for petitioner to seek reversal of a final adverse NRC staff determination either before the presiding officer or another designated officer. A If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3 Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order. A + 28 Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI or SGI contentions by that later deadline. A + 53 (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. A + 60 (Answer receipt +7) Petitioner/Intervenor reply to answers. B Decision on contention admission. [FR Doc. E8-9087 Filed 4-24-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-424 and 50-425] Southern Nuclear Operating Company, Inc.; Notice of Availability of the Draft Supplement 34 to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants, and Public Meeting for the License Renewal of Vogtle Electric Generating Plant, Units 1 and 2 Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC, Commission) has published a draft plant-specific supplement to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants (GEIS), NUREG-1437, regarding the renewal of operating licenses NPF-068 and NPF-081 for an additional 20 years of operation for Vogtle Electric Generating Plant, Units 1 and 2 (VEGP). VEGP is located in Burke County, Georgia, approximately 15 miles east-northeast of Waynesboro, GA, and 26 miles southeast of Augusta, GA. Possible alternatives to the proposed action (license renewal) include no action and reasonable alternative energy sources. The draft Supplement 34 to the GEIS is publicly available at the NRC Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, or from the NRC's Agencywide Documents Access and Management System (ADAMS). The ADAMS Public Electronic Reading Room is accessible at *http://adamswebsearch.nrc.gov/dologin.html.* The Accession Number for the draft Supplement 34 to the GEIS is ML081080299. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC's PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by e-mail at *pdr@nrc.gov.* In addition, the Burke County Library, located at 130 Highway 24 South, Waynesboro, GA 30830, has agreed to make the draft supplement to the GEIS available for public inspection. Any interested party may submit comments on the draft supplement to the GEIS for consideration by the NRC staff. To be considered, comments on the draft supplement to the GEIS and the proposed action must be received by July 16, 2008; the NRC staff is able to assure consideration only for comments received on or before this date. Comments received after the due date will be considered only if it is practical to do so. Written comments on the draft supplement to the GEIS should be sent to: Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, Mailstop T-6D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Comments may be hand-delivered to the NRC at 11545 Rockville Pike, Room T-6D59, Rockville, Maryland, between 7:30 a.m. and 4:15 p.m. on Federal workdays. Electronic comments may be submitted to the NRC by e-mail at *Vogtle_LR_EIS@nrc.gov* . All comments received by the Commission, including those made by Federal, State, local agencies, Native American Tribes, or other interested persons, will be made available electronically at the Commission's PDR in Rockville, Maryland, and through ADAMS. The NRC staff will hold a public meeting to present an overview of the draft plant-specific supplement to the GEIS and to accept public comments on the document. The public meeting will be held on June 5, 2008, at the Augusta Technical College, Waynesboro Campus, located at 216 Highway 24 South, Waynesboro, GA 30830. There will be two sessions to accommodate interested parties. The first session will convene at 1:30 p.m. and will continue until 4:30 p.m., as necessary. The second session will convene at 7 p.m. with a repeat of the overview portions of the meeting and will continue until 10 p.m., as necessary. Both sessions will be transcribed and will include:
(1)A presentation of the contents of the draft plant-specific supplement to the GEIS, and
(2)the opportunity for interested government agencies, organizations, and individuals to provide comments on the draft report. Additionally, the NRC staff will host informal discussions one hour prior to the start of each session at the same location. No comments on the draft supplement to the GEIS will be accepted during the informal discussions. To be considered, comments must be provided either at the transcribed public meeting or in writing. Persons may pre-register to attend or present oral comments at the meeting by contacting Mr. J.P. Leous, the NRC Environmental Project Manager, at 1-800-368-5642, extension 2864, or by e-mail at *Vogtle_LR_EIS@nrc.gov* no later than May 16, 2008. Members of the public may also register to provide oral comments within 15 minutes of the start of each session. Individual, oral comments may be limited by the time available, depending on the number of persons who register. If special equipment or accommodations are needed to attend or present information at the public meeting, the need should be brought to Mr. J.P. Leous' attention no later than May 16, 2008, to provide the NRC staff adequate notice to determine whether the request can be accommodated. *For Further Information Contact:* Mr. J.P. Leous, Projects Branch 1, Division of License Renewal, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Mail Stop O-11F1, Washington, DC 20555-0001. Mr. Leous may be contacted at the aforementioned telephone number or e-mail address. Dated at Rockville, Maryland, this 21st day of April, 2008. For the Nuclear Regulatory Commission. Louise Lund, Branch Chief, Reactor Projects Branch 1, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. E8-9085 Filed 4-24-08; 8:45 am] BILLING CODE 7590-01-P POSTAL REGULATORY COMMISSION [Docket No. PI2008-4; Order No. 72] Study on Reduced Postal Rates AGENCY: Postal Regulatory Commission. ACTION: Notice. SUMMARY: The Commission seeks comments from the public on a study of a postal rule that allows certain fundraising mailings to be sent at reduced rates. The comments will assist the Commission in preparing a statutorily-required report and recommendations. DATES: Initial comments due June 24, 2008; reply comments due July 24, 2008. ADDRESSES: Submit comments electronically via the Commission's Filing Online system at *http://www.prc.gov.* FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 202-789-6820 and *stephen.sharfman@prc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction The Postal Accountability and Enhancement Act (PAEA), Public Law 109-435, 120 Stat. 3218 (2006), directs the Commission to prepare several reports on special topics. One directive requires the Commission to examine an exception to the cooperative mail rule to determine whether this change in eligibility for reduced postage contains adequate safeguards to protect against abuses of rates for nonprofit mail and deception of consumers. The Commission is to report the results of this examination to the Postal Service, along with any recommendations it deems appropriate. If the Postal Service fails to act thereon, the Commission may take such action it deems necessary to prevent abuse of rates or deception of consumers. *See* section 711, 120 Stat. 3248 (2006). 1 1 Section 711 of the PAEA refers to section E670.5.3 of the Domestic Mail Manual (DMM). The text of this provision now appears at DMM § 703.1.6.3 due to a reorganization of the DMM. The Commission establishes Docket No. PI2008-4 to facilitate compliance with the directive in section 711 and seeks comments from the public on the scope and nature of the examination, report, and potential recommendations. 39 U.S.C. 505 requires the designation of an officer of the Commission in all public proceedings to represent the interests of the general public. The Commission designates Katja M. Eichinger to serve as the Public Representative. Pursuant to this designation, Ms. Eichinger will direct the activities of Commission personnel assigned to assist her and, upon request, will provide their names for the record. Neither she nor any of the assigned personnel will participate in or provide advice on any Commission decision in this proceeding. II. The Cooperative Mail Rule The cooperative mail rule is a longstanding provision in the DMM. It traditionally has controlled access to reduced postage rates by limiting the ability of an entity that is eligible for reduced rates to “cooperate” or partner with another entity in a mailing and still retain its reduced rate eligibility for the mailing in question. The rule generally accomplishes this, in brief, by requiring that each cooperating entity independently qualify for nonprofit rates at the post office of mailing; by requiring that the mail matter being sent be that of the eligible entity; and by prohibiting “sharing” a permit with an entity not authorized to mail at reduced rates. These restrictions effectively foreclose a nonprofit from cooperating with a for-profit entity if the mailing is to be sent at nonprofit rates, unless the cooperation involves a legitimate principal-agent relationship in a fee-for-service arrangement. *See* DMM § 703.1.6.3. The traditional rationale for imposing limits on cooperative mailings has been that access to reduced rates is a privilege—initially subsidized by taxpayers, but more recently by other mailers—and that the limits help prevent abuse of this privilege. The extent of the benefit has varied in the years since its introduction, but eligible cooperative mailings currently pay 60 percent of the Regular Standard Mail rate. III. The Emergence of the Fundraising Exception In 2003, the Postal Service initiated an administrative rulemaking to address a revision to the cooperative mail rule. The rulemaking resulted in a revision, effective November 13, 2003, widely referred to as the Fundraising Exception. In practical effect, this revision expands eligibility in a limited respect by exempting fundraising mailings seeking only monetary donations from application of the DMM's conditions for an eligible cooperative mailing. *See* 68 FR 23937 (May 6, 2003) and 68 FR 58273 (October 9, 2003), setting out the proposed and final rule, respectively. The revision requires that the cooperating nonprofit entity either receive a detailed donor list (containing the name of donor, contact information, and the amount of donation) from its mailing partner or execute a written waiver of such receipt. A. The Fundraising Exemption, as Initially Proposed The Postal Service notice of proposed rulemaking included a discussion of the history of the cooperative mail rule and its application to fundraising mailings; the traditional role of Congress with respect to eligibility for nonprofit Standard Mail rates; recent concerns about the impact of the cooperative mail rule on fundraising mailings; and proposed legislation to exempt certain fundraising mail from the rule. It noted, with respect to the impact of the rule on fundraising mailings, that over the last several years, some nonprofit organizations have made the Postal Service aware of concerns that the application of the cooperative mail rule was having a serious effect on their ability to solicit donations and, in some cases, might threaten the existence of many nonprofit organizations, particularly given the economic climate many in the nonprofit sector were facing. It noted that the organizations that seemed to be the focus of most of the concern included those that, due to being new, of small size, or for other reasons, have to seek the assistance of professional fundraising organizations in seeking donations, rather than conduct their fundraising campaigns in-house. 68 FR 23938 (May 6, 2003). It added: In many cases, the arrangements between the professional fundraiser and the nonprofit are cooperative under the longstanding application of the cooperative mail rule. Indeed, the Postal Service understands that some states require contractual terms between nonprofits and some (but not all) types of professional fundraisers to contain elements that would cause the resultant fundraising mailings to violate the cooperative mail rule. *Id.* The Postal Service said it was sensitive to the plight of these nonprofit organizations, but was reluctant to propose an administrative solution because expanding or reducing eligibility to mail at nonprofit or other preferred status traditionally has been a legislative function; discriminating between its customers is prohibited by statute, except where authorized by law; and expanding eligibility for nonprofit rates could create a significant competitive advantage for a newly-eligible mailer, relative to those still mailing at the commercial rate. *Id.* It also noted that some members of the nonprofit industry had raised a concern that if contractual terms between nonprofits and fundraisers were no longer a postal concern (given an exemption from application of the cooperative mail rule), some fundraisers might impose financial terms that could take advantage of unsophisticated nonprofits or even seek to create nonprofit organizations of their own to enrich themselves off of fundraising mailings, rather than to benefit the public. *Id.* The Postal Service acknowledged the seriousness of the issues raised by the nonprofits, but characterized them as appearing primarily to raise consumer protection concerns, rather than postal concerns. It therefore considered them a type of social policy concern best addressed elsewhere, such as through Federal legislation or the state officials who regulate the relationship between professional fundraisers and nonprofit organizations. *Id.* However, noting that Federal legislation addressing this topic had been introduced but had no guarantee of passage and reiterating its reluctance to tread in an area historically addressed through legislation, the Postal Service said it had decided to propose a rule to eliminate application of the cooperative mail rule on mailings by authorized nonprofit organizations seeking monetary donations. *Id.* As to the breadth of the proposal, the Postal Service raised six cautions. Three pertained to the scope of the exception. First, the Postal Service noted that the proposal: * * * only exempts fundraising mailings seeking monetary donations. Mailings that include solicitations for products or services, whether through sale, lease, or other arrangements, will not be exempt from application of the cooperative mail rule. If there is a cooperative arrangement involving such goods or services, the mailpiece will not be eligible for Nonprofit Standard mail rates. *Id.* at 23939. The rationale for this limitation, according to the Postal Service, was that exempting mailings that advertise goods or services from application of the cooperative mail rule would create significant potential for abuse by commercial organizations and may also place small businesses and other for-profit organizations who sell similar goods and services at a significant competitive disadvantage. *Id.* Second, the Postal Service said the exemption was only from application of the cooperative mail rule, and that affected mailings would continue to be subject to all other applicable postal standards. *Id.* Third, it said the exemption would only apply to nonprofit organizations authorized to mail at nonprofit Standard Mail rates; other organizations so entitled, which are voter registration officials and certain qualified political committees, would not be exempt. *Id.* The next point was that the rule, if adopted, would be a change of postal policy rather than a clarification of existing standards, and thus would be prospective only, effective on the date of adoption. It would not form the basis for a request for a refund. *Id.* The Postal Service's fifth point was that the proposed rule “would not establish safeguards to address the concern that some professional fundraisers may seek to take advantage of unsophisticated clients.” *Id.* It added: In our discussions with nonprofit representatives and Congressional representatives, no consensus was reached on an effective and administratively feasible method to accomplish this goal. However, this rulemaking does not prevent other interested federal or state agencies from regulating such practices. Moreover, it is also hoped that the nonprofit sector may undertake educational efforts to inform potential targets of such practices. *Id.* The Postal Service's final point was that it would be alert to the consequences of the new standard, should it be adopted, and might revisit the exception and consider a further rulemaking or other appropriate administrative measures if it resulted in the types of abuses that had been discussed or any other unintended consequences. *Id.* B. The Fundraising Exception as Adopted In the explanation accompanying the final rule, the Postal Service characterized the 67 comments it had received as diverse in terms of types of entities represented and broad as to the range of views. 2 Its overall assessment was that a significant majority of the comments urged adoption of the rule as proposed. However, it acknowledged that a small number recommended the proposal be withdrawn or that it be adopted with additional restrictions, while “a lesser number” of commenters recommended that the exception be expanded. It also said that several commenters had recommended making the rule retroactive. *Id.* 2 Commenters included nonprofit organizations and organizations representing such organizations; professional fundraisers and organizations representing these commercial entities; Congressional representatives; private individuals; and an organization representing state officials that regulate charities. 68 FR 58274 (October 9, 2003). In response to the comments, the Postal Service modified the proposed rule in several respects. It added a condition related to donor lists by providing that the fundraising exemption applies only where the nonprofit organization is either given a list of the donors, their contact information, and the amount of their donations, or waives, in writing, the receipt of such list. *Id.* at 58276. It extended eligibility for the exemption from authorized nonprofits to voter election officials and certain qualified political committees. *Id.* It also revised the rule to clarify two points:
(1)The exception applies only where the monetary donations solicited are for the entity authorized to mail at nonprofit rates, and
(2)operates prospectively only. *Id.* The Postal Service discussed, but did not accept, commenters' suggestions that would have resulted in a regulation that: —Prohibited or restricted close ties between the cooperating entities; —Required written approval of the contract by the cooperating nonprofit's board of directors; and —Mandated inclusion of certain contractual terms related to numerous control or ownership issues, such as receipt and exclusive ownership of a donor list; direct deposit of funds into the nonprofit's bank account; and intellectual property in the mailing. *Id.* at 58274-76. IV. Invitation to Comment The preceding summary makes clear that the Fundraising Exception expands eligibility for nonprofit Standard Mail rates for certain types of mailings, but does so in a relatively limited way. It also makes clear that the Fundraising Exception, as adopted, did not include many of the checks, or safeguards, some commenters believed should be included to ward off abuse of nonprofit rates and consumer deception. The Commission invites comments from the general public to facilitate its examination of whether the Fundraising Exception contains adequate safeguards to protect against abuse of nonprofit rates and consumer protection, and preparation of the related report and recommendations. Comments may address any relevant topic; however, the Commission also presents the following questions to help focus the discussion. A. Abuse of Nonprofit Rates The directive in section 711 speaks to abuse of nonprofit rates, rather than fraud. In connection with the scope and extent of abuse that may occur under the Fundraising Exemption, the Commission is especially interested in the following matters: 1. The 2003 rulemaking acknowledged that commenters had raised concerns about several types of abusive fundraising practices, including predatory credit arrangements. To what extent have these practices occurred, since the 2003 revision, in connection with mailings sent under the Fundraising Exemption? 2. Have there been any material changes in fundraising practices since the Postal Service's 2003 rulemaking that give rise to new concerns about abuse in connection with the Fundraising Exception? 3. To what extent has the nonprofit sector engaged in education efforts designed to inform nonprofits, especially those considered especially vulnerable to overreaching or predatory partners, about the scope of the Fundraising Exception and potential abuses? Also, are there reliable means of measuring or assessing the success of these efforts? 4. To what extent has the Postal Service (including any organizational division) engaged in education efforts specifically directed at the Fundraising Exception and potential abuses? Are there reliable means of measuring or assessing the success of these efforts? 5. What information and data are available about the extent to which the Fundraising Exception has been used by mailers eligible for nonprofit rates since adoption in 2003, in terms of features such as number and type of entities using the Fundraising Exception, volume, and total postage involved? B. Deception of Consumers The directive in section 711 also extends to deception of consumers. The Commission is interested in commenters' views on all relevant aspects of consumer deception, including: 1. The 2003 rulemaking mentioned that there were a growing number of State laws on charitable fundraising that created a potential for conflict with cooperative mail as then formulated. Has there been an increase in the number of States proposing or adopting such laws? What safeguards or protections are included in these laws? Do these laws pose any conflicts with the 2003 Fundraising Exception or did this Exception satisfactorily resolve relevant concerns? 2. To what extent has the Postal Service undertaken efforts to educate consumers (in the capacity of a donor or potential donor responding to a mailed solicitation) about abuses or potential fundraising abuses? 3. To what extent have individual States engaged in efforts to educate consumers (in the capacity of a donor or potential donor responding to a mailed solicitation) about abuses or potential fundraising abuses? 4. To what extent has deception of potential donors been reported or documented by the Postal Service, nonprofit mailer organizations, State or local consumer protection agencies, or others? V. Ordering Paragraphs *It is ordered:* 1. The Commission establishes Docket No. PI2008-4, Inquiry into Cooperative Mail Rule Exception, to facilitate compliance with section 711 of the Postal Accountability and Enhancement Act. 2. The Commission designates Katja M. Eichinger as the Public Representative representing the interests of the general public in this proceeding. 3. Comments on issues related to the directive in section 711 of the PAEA are due June 24, 2008. 4. Reply comments are due July 24, 2008. 5. The Secretary shall arrange for publication of this Notice in the **Federal Register** . By the Commission. Steven W. Williams, Secretary. [FR Doc. E8-9210 Filed 4-24-08; 8:45 am] BILLING CODE 7710-FW-P POSTAL SERVICE Board of Governors Sunshine Act Meeting Board Votes To Close April 14, 2008, Meeting By telephone vote on April 14, 2008, the Board of Governors of the United States Postal Service voted unanimously to close to public observation its meeting held via teleconference. The Board determined that prior public notice was not possible. Items Considered 1. Strategic Planning. 2. Personnel Matters and Compensation Issues. General Counsel Certification The General Counsel of the United States Postal Service has certified that the meeting was properly closed under the Government in the Sunshine Act. *Contact Person for More Information:* Requests for information about the meeting should be addressed to the Deputy General Counsel, William R. Gilligan, at
(202)268-2952. William R. Gilligan, Deputy General Counsel. [FR Doc. E8-8865 Filed 4-24-08; 8:45 am] BILLING CODE 7710-12-M SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission will hold a Closed Meeting on Tuesday, April 29, 2008 at 2 p.m. Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters may also be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3) (5), (7), (9)(B), and
(10)and 17 CFR 200.402(a)(3), (5), (7), (9)(ii) and (10), permit consideration of the scheduled matters at the Closed Meeting. Commissioner Casey, as duty officer, voted to consider the items listed for the Closed Meeting in closed session. The subject matter of the Closed Meeting scheduled for April 29, 2008 will be: Formal orders of investigation; Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings of an enforcement nature; Adjudicatory matters; and A matter related to an enforcement proceeding. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at
(202)551-5400. Dated: April 22, 2008. Nancy M. Morris, Secretary. [FR Doc. E8-9107 Filed 4-24-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57695; File No. SR-OCC-2008-07] Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing of a Proposed Rule Change Relating to streetTRACKS Gold Shares April 21, 2008. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 notice is hereby given that on March 7, 2008, The Options Clearing Corporation (“OCC”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which items have been prepared primarily by OCC. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 2 1 15 U.S.C. 78s(b)(1). 2 The Commission previously published notice of the proposed rule change. Securities Exchange Act Release No. 57466 (March 11, 2008), 73 FR 14297 (March 17, 2008). The Commission is republishing the notice to reflect the addition of footnote 6 in section IV, Solicitation of Comments. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The proposed rule change would clarify the jurisdictional status of options and security futures on streetTRACKS Gold Shares by adding an interpretation following the definition of “fund share” in Article I, section 1 of OCC's By-Laws. 3 3 The new interpretation would replace the interpretation that was added to OCC's By-Laws in File No. SR-OCC-2008-04, which was effective upon filing. At the request of the Commission, OCC has withdrawn SR-OCC-2008-04 from consideration by the Commission in conjunction with the submission of SR-OCC-2008-07. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, OCC included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. OCC has prepared summaries, set forth in sections (A), (B), and
(C)below, of the most significant aspects of such statements. 4 4 The Commission has modified parts of these statements.
(A)Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change The purpose of the proposed rule change is to clarify the jurisdictional status of options and security futures on streetTRACKS Gold Shares by adding an interpretation following the definition of “fund share” in Article I, section 1 of OCC's By-Laws. Under the proposed interpretation, OCC would clear and treat as securities options any option contracts on streetTRACKS Gold Shares that are traded on securities exchanges. Similarly, OCC would clear and treat as security futures any futures contracts on streetTRACKS Gold Shares. 5 5 The exact language of the interpretation can be found at *http://www.optionsclearing.com/publications/rules/proposed_changes/sr_occ_08_07.pdf.* In its capacity as a “derivatives clearing organization” registered with the Commodity Futures Trading Commission (“CFTC”), OCC filed this proposed rule change for prior approval by the CFTC pursuant to provisions of the Commodity Exchange Act (“CEA”) in order to foreclose any potential liability under the CEA based on an argument that the clearing by OCC of options on streetTRACKS Gold Shares as securities options or the clearing of futures on that product as security futures constitutes a violation of the CEA. This rule change was filed with the CFTC as an amendment to SR-OCC-2008-04, which is pending approval at the CFTC. The proposed rule change is consistent with the purposes and requirements of section 17A of the Act because it is designed to promote the prompt and accurate clearance and settlement of transactions in securities options and security futures, to foster cooperation and coordination with persons engaged in the clearance and settlement of such transactions, to remove impediments to and perfect the mechanism of a national system for the prompt and accurate clearance and settlement of such transactions, and, in general, to protect investors and the public interest. It accomplishes this purpose by reducing the likelihood of a dispute as to the Commission's jurisdiction or shared jurisdiction in the case of security futures over derivatives based on streetTRACKS Gold Shares. The proposed rule change is not inconsistent with the By-Laws and Rules of OCC, including any proposed to be amended.
(B)Self-Regulatory Organization's Statement on Burden on Competition OCC does not believe that the proposed rule change would impose any burden on competition.
(C)Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were not and are not intended to be solicited with respect to the proposed rule change, and none have been received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within thirty-five days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)as the Commission may designate up to ninety days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or
(ii)as to which the self-regulatory organization consents, the Commission will:
(A)By order approve the proposed rule change or
(B)Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. 6 Comments may be submitted by any of the following methods: 6 In accordance with the Memorandum of Understanding entered into between the CFTC and the Commission on March 11, 2008, and in particular the addendum thereto concerning *Principles Governing the Review of Novel Derivative Products* , novel derivative products that implicate areas of overlapping regulatory concern should be permitted to trade in either or both a CFTC- or Commission-regulated environment, in a manner consistent with laws and regulations (including the appropriate use of all available exemptive and interpretive authority). Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ) or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-OCC-2008-07 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-OCC-2008-07. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Section, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of OCC and on OCC's Web site at *http://www.optionsclearing.com* . All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-OCC-2007-07 and should be submitted on or before May 12, 2008. For the Commission by the Division of Trading and Markets, pursuant to delegated authority. 7 Nancy M. Morris, Secretary. 7 17 CFR 200.30-3(a)(12). [FR Doc. E8-9069 Filed 4-24-08; 8:45 am] BILLING CODE 8010-01-P DEPARTMENT OF STATE [Public Notice 6178] Advisory Committee on Historical Diplomatic Documentation Notice of Meeting *Summary:* The Advisory Committee on Historical Diplomatic Documentation will meet in the Department of State, 2201 “C” Street, NW., Washington, DC, June 2-3, 2008, in Conference Room 1205. Prior notification and a valid government-issued photo ID (such as driver's license, passport, U. S. government or military ID) are required for entrance into the building. Members of the public planning to attend must notify Steven Galpern, Office of the Historian (202-663-1130) no later than May 29, 2008, to provide date of birth, valid government-issued photo identification number and type (such as driver's license number/state, passport number/country, or U.S. government ID number/agency or military ID number/branch), and relevant telephone numbers. If you cannot provide one of the enumerated forms of ID, please consult with Steven Galpern for acceptable alternative forms of picture identification. The Committee will meet in open session from 1:30 p.m. through 3 p.m. on Monday, June 2, 2008, in the Department of State, 2201 “C” Street, NW., Washington, DC, in Conference Room 1205, to discuss declassification and transfer of Department of State records to the National Archives and Records Administration and the status of the *Foreign Relations* series. The remainder of the Committee's sessions from 3:15 p.m. until 4:30 p.m. on Monday, June 2, 2008, and 8 a.m. until 12 p.m. on Tuesday, June 3, 2008, will be closed in accordance with Section 10(d) of the Federal Advisory Committee Act (Pub. L. 92-463). The agenda calls for discussions of agency declassification decisions concerning the *Foreign Relations* series and other declassification issues. These are matters not subject to public disclosure under 5 U.S.C. 552b(c)(1) and the public interest requires that such activities be withheld from disclosure. Questions concerning the meeting should be directed to Marc J. Susser, Executive Secretary, Advisory Committee on Historical Diplomatic Documentation, Department of State, Office of the Historian, Washington, DC, 20520, telephone
(202)663-1123, (e-mail *history@state.gov* ). Dated: April 14, 2008. Marc Susser, Executive Secretary, Department of State. [FR Doc. E8-9090 Filed 4-24-08; 8:45 am] BILLING CODE 4710-11-P DEPARTMENT OF STATE [Public Notice 6181] Advisory Committee on Democracy Promotion
(ACDP)Meeting Notice; Notice of Partially Closed Meeting A meeting of the Advisory Committee on Democracy Promotion will be held on Monday, May 12, 2008 in Room 1107, U.S. Department of State, 2201 C Street, NW., Washington, DC. The meeting will be open to the public from 10 a.m.-12 p.m., up to the capacity of the meeting room. The Committee members will discuss various issues relating to strategies to promote democratic governance, with Secretary Rice leading the discussion from 10:30-11 a.m. Pursuant to section 10(d) of the Federal Advisory Committee Act, 5 U.S.C. App. 10(d) and 5 U.S.C. 552b(c)6, it has been determined that the meeting will be closed to the public from 12 to 2 p.m. because the Committee will be discussing sensitive information about the personal situation of human rights dissidents, disclosure of which would likely jeopardize the safety and welfare of these individuals and constitute a clearly unwarranted invasion of their personal privacy. Entry to the main State Department building is controlled and will require advance arrangements. Members of the public wishing to attend this meeting should, by Thursday, May 8, 2008, notify Karen Chen in the Bureau of Democracy, Human Rights and Labor—telephone: 202-647-4648—of their name, date of birth, valid government-issued ID number (see below), and citizenship, in order to arrange admittance. This includes admittance for government employees as well as others. All attendees must use the “C” Street entrance of the Department, after being screened through the exterior screening facilities, and arrive by 9:30 a.m. One of the following valid IDs will be required for admittance: Any U.S. driver's license with photo, a passport, or a U.S. Government agency ID. Because an escort is required at all times, attendees should expect to remain in the meeting throughout the open portion. For more information, contact Anne Carson, Special Assistant to the Under Secretary for Democracy and Global Affairs, Department of State, Washington, DC 20520, telephone:
(202)647-8703. Dated: April 11, 2008. David J. Kramer, Assistant Secretary of the Bureau of Democracy, Human Rights and Labor, Department of State. [FR Doc. E8-9091 Filed 4-24-08; 8:45 am] BILLING CODE 4710-18-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Aviation Rulemaking Advisory Committee Meeting on Transport Airplane and Engine Issues AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of public meeting. SUMMARY: This notice announces a public meeting (teleconference) of the FAA's Aviation Rulemaking Advisory Committee
(ARAC)to discuss transport airplane and engine
(TAE)issues. DATES: The meeting is scheduled for Tuesday, May 20, 2008 starting at 10:30 a.m. Eastern Daylight Time. Arrange for oral presentations by May 6, 2008. ADDRESSES: Federal Aviation Administration, 800 Independence Ave., SW., Room 810, Washington, DC 20591. FOR FURTHER INFORMATION CONTACT: Nicanor Davidson, Office of Rulemaking, ARM-207, FAA, 800 Independence Avenue, SW., Washington, DC 20591, Telephone
(202)267-5174, FAX
(202)267-5075, or e-mail at *nicanor.davidson@faa.gov.* SUPPLEMENTARY INFORMATION: Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463; 5 U.S.C. app. III), notice is given of an ARAC meeting to be held via teleconference on May 20, 2008. This ad hoc meeting is being held to review and vote on the Task 3 report (Specific Risk) from the Airplane Level Safety Analysis Working Group (ASAWG). The agenda for the meeting is as follows: • Opening Remarks; • ASAWG Task 3 Report and Vote. Attendance is open to the public, but will be limited to the availability of phone lines. Please confirm your attendance with the person listed in the FOR FURTHER INFORMATION CONTACT section no later than May 6, 2008. Please provide the following information: Full legal name and name of your industry association, or applicable affiliation. If you are attending as a public citizen, please indicate so. For persons participating, the call-in number is
(202)493-4180; the Passcode is “5507.” To insure that sufficient telephone lines are available, please notify the person listed in the FOR FURTHER INFORMATION CONTACT section of your intent to participate by May 6, 2008. Anyone calling from outside the Washington, DC metropolitan area will be responsible for paying long-distance charges. If you need meeting documents, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Issued in Washington, DC on April 17, 2008. Pamela Hamilton-Powell, Director, Office of Rulemaking. [FR Doc. E8-9060 Filed 4-24-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration RTCA Government/Industry Air Traffic Management Advisory Committee AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of RTCA Government/Industry Air Traffic Management Advisory Committee. SUMMARY: The FAA is issuing this notice to advise the public of a meeting of RTCA Government/Industry Air Traffic Management Advisory Committee. DATES: The meeting will be held July 17, 2008, from 1 p.m. to 4 p.m. ADDRESSES: The meeting will be held at FAA Headquarters, 800 Independence Avenue, SW., Bessie Coleman Conference Center (2nd Floor), Washington, DC 20591. FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW., Suite 805, Washington, DC 20036; telephone
(202)833-9339; fax
(202)833-9434; Web site *http://www.rtca.org.* SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice is hereby given for the Air Traffic Management Advisory Committee meeting. Note: Non-Government attendees to the meeting must go through security and be escorted to and from the conference room. Attendees with laptops will be required to register them at the security desk upon arrival and departure. Agenda items will be posted on *http://www.rtca.org* Web site. Attendance is open to the interested public but limited to space availability. With the approval of the chairmen, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time. Issued in Washington, DC, on April 10, 2008. Francisco, Estrada C., RTCA Advisory Committee. [FR Doc. E8-9030 Filed 4-24-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration RTCA Special Committee 217/EUROCAE Working Group 44: Airport Mapping Databases First Joint Meeting AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of RTCA Special Committee 217/EUROCAE Working Group 44 meeting. SUMMARY: The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 217/EUROCAE Working Group 44: Airport Mapping Databases. DATES: The meeting will be held May 14-16, 2008, from 9 a.m.-5 p.m. ADDRESSES: The meeting will be held at EUROCONTROL, Rue de la Fusee, 96, B-1130 Brussels, Belgium. FOR FURTHER INFORMATION CONTACT:
(1)RTCA Secretariat, 1828 L Street, NW., Suite 805, Washington, DC, 20036 telephone
(202)833-9339: fax
(202)833-9434; Web site *http://www.rtca.org*
(2)Mr. Sam van cler Stricht, telephone +32-2-729 3197, fax 32-2-729 9008. SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)
(2)of the Federal Advisory Committee Act (Pub. L. 92-463. 5 U.S.C., Appendix 2), notice is hereby given for a Special Committee 217/EUROCAE Working Group 44 meeting. • May 14: • Open Plenary (Chairmen's Remarks and Introductions, Review and Approve Meeting Agenda, Discussion). • Schedule—Completion in no more than three meetings. • Schedule for this week. • Schedule for next meetings. • Presentations: • Gap Analysis—ARINC 816 and RTCAIEUROCAE documents; • Gap Analysis—ATXM and RTCA/EUROCAE documents. • Begin effort to revise documents. • May 15: • Plenary Session. • May 16: • Plenary Session. • Other Business. • Determine and agree on action plan. • Meeting Plans and Dates. Attendance is open to the interested public but limited to space availability. With the approval of the chairmen, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time. Issued in Washington, DC. on April 17, 2008. Francisco Estrada C., RTCA Advisory Committee. [FR Doc. E8-9044 Filed 4-24-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE-2008-16] Petitions for Exemption; Summary of Petitions Received AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of petitions for exemption received. SUMMARY: This notice contains a summary of certain petitions seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of any petition or its final disposition. DATES: Comments on petitions received must identify the petition docket number involved and must be received on or before May 15, 2008. ADDRESSES: You may send comments identified by Docket Number FAA-2008-0394 using any of the following methods: • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Send comments to the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590. • *Fax:* Fax comments to the Docket Management Facility at 202-493-2251. • *Hand Delivery:* Bring comments to the Docket Management Facility in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Docket:* To read background documents or comments received, go to *http://www.regulations.gov* at any time or to the Docket Management Facility in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78). FOR FURTHER INFORMATION CONTACT: Tyneka Thomas
(202)267-7626 or Frances Shaver
(202)267-9681, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on April 21, 2008. Pamela Hamilton-Powell, Director, Office of Rulemaking. Petitions for Exemption *Docket No.:* FAA-2008-0394. *Petitioner:* James Whitehurst. *Section of 14 CFR Affected:* § 103.1(d). *Description of Relief Sought:* To permit Mr. James Whitehurst to operate his unpowered ultralight glider at a weight more than 155 pounds to allow for the addition of a pilot safety device. [FR Doc. E8-9061 Filed 4-24-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in Washington AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of limitation on claims for judicial review of actions by FHWA. SUMMARY: This notice announces actions taken by the FHWA that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, the SR 519 Intermodal Access Project—Phase 2: Atlantic Corridor, in the State of Washington. Those actions grant licenses, permits, and approvals for the project. DATES: By this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before October 22, 2008. If the Federal law that authorizes judicial review of a claim provides a time period of less than 180 days for filing such claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: Stephen Boch, Major Project Oversight Manager, Federal Highway Administration, Jackson Federal Building, 915 2nd Avenue, Room 3142, Seattle, Washington, 98174; telephone:
(206)220-7356; and e-mail: *Steve.Boch@fhwa.dot.gov.* The FHWA Washington Division's Oversight Manager's regular office hours are between 8 a.m. and 4:30 p.m. (Pacific Time). You may also contact Allison Hanson, UCO Deputy Director of Environmental Services, WSDOT-Urban Corridors Office, 999 Third Ave., Ste. 2424, Seattle, WA 98104; telephone: 206-716-1136; and e-mail: *HansonA@wsdot.wa.gov.* The SR 519 Project's regular office hours are between 8 a.m. and 5:00 p.m. (Pacific Time). SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has taken final agency actions by issuing licenses, permits, and approvals for the following highway project: SR 519 Intermodal Access Project—Phase 2: Atlantic Corridor. The purpose of the project is to provide for increased mobility and safety, including pedestrian safety, by improving connections between I-5/I-90, the Port of Seattle, freight centers, waterfront commercial interests (including State ferries) and recreational/sports facilities in the downtown area. The project is located in the south downtown
(SODO)area of Seattle, King County. The project also proposes to eliminate the remaining safety issues related to surface-level rail crossings at South Royal Brougham Way. The actions by the FHWA on this project, and the laws under which such actions were taken, are described in the February 2008 Environmental Assessment (EA), April 2008 Finding of No Significant Impact (FONSI), and in other documents in the FHWA administrative record for the project. The EA, FONSI and other documents in the FHWA administrative record are available by contacting the FHWA or the Washington State Department of Transportation at the addresses provided above. The EA can be viewed and downloaded from the project Web site at *http://www.wsdot.wa.gov/Projects/SR519* or viewed at the Seattle Public Library as well as local neighborhood service centers in the project area. This notice applies to all Federal agency decisions on the project as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. *General:* National Environmental Policy Act [42 U.S.C. 4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109]. 2. *Air:* Clean Air Act, as amended [42 U.S.C. 7401-7671(q)]. 3. *Land:* Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers) [23 U.S.C. 319]. 4. *Wildlife:* Endangered Species Act [16 U.S.C. 1531-1544]; Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(g)]; Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Magnuson-Stevenson Fishery Conservation and Management Act of 1976, as amended [16 U.S.C. 1801 *et seq.* ]. 5. *Historic and Cultural Resources:* Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) *et seq.* ]; Archaeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)-11]; Archaeological and Historic Preservation Act [16 U.S.C. 469-469(c)]; Native American Grave Protection and Repatriation Act [25 U.S.C. 3001-3013]. 6. *Social and Economic:* Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act [7 U.S.C. 4201-4209]; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended [42 U.S.C. 61]. 7. *Wetlands and Water Resources:* Clean Water Act, 33 U.S.C. 1251-1377 (Section 404, Section 401, Section 319); Coastal Zone Management Act [16 U.S.C. 1451-1465]; Land and Water Conservation Fund [16 U.S.C. 4601-4604]; Safe Drinking Water Act [42 U.S.C. 300(f)-300(j)(6)]; Rivers and Harbors Act of 1899 [33 U.S.C. 401-406]; TEA-21 Wetlands Mitigation [23 U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster Protection Act [42 U.S.C. 4001-4128]. 8. *Hazardous Materials:* Comprehensive Environmental Response, Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund Amendments and Reauthorization Act of 1986 [Pub. L. 99-499]; Resource Conservation and Recovery Act [42 U.S.C. 6901-6992(k)]. 9. *Executive Orders:* E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Issued on: April 21, 2008. Stephen P. Boch, Major Project Oversight Manager, Seattle, Washington. [FR Doc. E8-9059 Filed 4-24-08; 8:45 am] BILLING CODE 4910-RY-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2008-0009] Qualification of Drivers; Exemption Applications; Diabetes AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. SUMMARY: FMCSA announces its decision to exempt fifty-six individuals from its rule prohibiting persons with insulin-treated diabetes mellitus
(ITDM)from operating commercial motor vehicles
(CMVs)in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions are effective *April 25, 2008.* The exemptions expire on April 25, 2010. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical Programs,
(202)366-4001, *fmcsamedical@dot.gov,* FMCSA, Room W64-224, Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access You may see all the comments online through the Federal Document Management System
(FDMS)at: *http://www.regulations.gov.* *Docket:* For access to the docket to read background documents or comments, go to *http://www.regulations.gov* and/or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. *Privacy Act:* Anyone may search the electronic form of all comments received into any of DOT's dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, or other entity). You may review DOT's complete Privacy Act Statement in the **Federal Register** (65 FR 19477, Apr. 11, 2000). This statement is also available at *http://Docketinfo.dot.gov.* Background On March 5, 2008, FMCSA published a notice of receipt of Federal diabetes exemption applications from fifty-six individuals, and requested comments from the public (73 FR 11982). The public comment period closed on April 4, 2008 and no comments were received. FMCSA has evaluated the eligibility of the fifty-six applicants and determined that granting the exemptions to these individuals would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(3). Diabetes Mellitus and Driving Experience of the Applicants The Agency established the current standard for diabetes in 1970 because several risk studies indicated that diabetic drivers had a higher rate of crash involvement than the general population. The diabetes rule provides that “A person is physically qualified to drive a commercial motor vehicle if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control” (49 CFR 391.41(b)(3)). FMCSA established its diabetes exemption program, based on the Agency's July 2000 study entitled “A Report to Congress on the Feasibility of a Program to Qualify Individuals with Insulin-Treated Diabetes Mellitus to Operate in Interstate Commerce as Directed by the Transportation Act for the 21st Century.” The report concluded that a safe and practicable protocol to allow some drivers with ITDM to operate CMVs is feasible. The 2003 notice in conjunction with the November 8, 2005 (70 FR 67777) **Federal Register** Notice provides the current protocol for allowing such drivers to operate CMVs in interstate commerce. These fifty-six applicants have had ITDM over a range of 1 to 38 years. These applicants report no hypoglycemic reaction that resulted in loss of consciousness or seizure, that required the assistance of another person, or resulted in impaired cognitive function without warning symptoms in the past 5 years (with one year of stability following any such episode). In each case, an endocrinologist has verified that the driver has demonstrated willingness to properly monitor and manage their diabetes, received education related to diabetes management, and is on a stable insulin regimen. These drivers report no other disqualifying conditions, including diabetes-related complications. Each meets the vision standard at 49 CFR 391.41(b)(10). The qualifications and medical condition of each applicant were stated and discussed in detail in the March 5, 2008, **Federal Register** Notice (73 FR 11982). Therefore, they will not be repeated in this notice. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered medical reports about the applicants' ITDM and vision, and reviewed the treating endocrinologist's medical opinion related to the ability of the driver to safely operate a CMV while using insulin. Consequently, FMCSA finds that exempting these applicants from the diabetes standard in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. Conditions and Requirements The terms and conditions of the exemption will be provided to the applicants in the exemption document and they include the following:
(1)That each individual submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation;
(2)that each individual reports within 2 business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not they are related to an episode of hypoglycemia;
(3)that each individual provide a copy of the ophthalmologist's or optometrist's report to the medical examiner at the time of the annual medical examination; and
(4)that each individual provide a copy of the annual medical certification to the employer for retention in the driver's qualification file, or keep a copy in his/her driver's qualification file if he/she is self-employed. The driver must also have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. Discussion of Comments FMCSA received no comments in this proceeding. Conclusion After considering the comments to the docket, and based upon its evaluation of the fifty-six exemption applications, FMCSA exempts Ryan N. Adams, Clay B. Anderson, Michael B. Bessinger, Douglas D. Brown, Kenneth T. Clark, Joseph F. Colbert, Daniel E. Coufal, Stuart A. Dietz, John J. Durrence, Michael B. Elzey, Candy C. Eubank, Thomas S. Faucette, Jr., Earl S. Fibish, Stanley R. Folkerts, Timothy L. Gahring, Donald W. Giesbrecht, Todd W. Gillespie, Stephen W. Golden, Richard E. Grunden, Jack L. Guffey, Mark Hall, Teresa M. Hansen, Jason A. Henry, Michael B. Heuett, John M. Hickey, Joe Ibarra, Anthony L. Lambert, Paul F. Lanich, Ronald M. Lavallee, Eric R. Ledvina, Kenneth L. Lefeld, Steven J. Leite, Daryl G. Lewis, George A. Lucietto, Robert A. Manning, Ottis N. McCoy, Joseph G. McDonald, Richard L. McDonald, David D. Millard, Jr., Raymond E. Miller, Victor E. Millwood, Walter G. Minshall, Alan J. Mitchell, Raymond P. Mora, Sr., John M. Murray, John R. Pile, Forest T. Porter, John Rubillo, Jason E. Saunders, Christopher D. Singleton, Brian Slover, Steven T. Slowey, Jacob A. Small, Richard S. Synakowski, Sabrina F. Thomas, and Scott D. Wimer from the ITDM standard in 49 CFR 391.41(b)(3), subject to the conditions listed under “Conditions and Requirements” above. In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will be valid for two years unless revoked earlier by FMCSA. The exemption will be revoked if:
(1)The person fails to comply with the terms and conditions of the exemption;
(2)the exemption has resulted in a lower level of safety than was maintained before it was granted; or
(3)continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: April 17, 2008. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E8-8994 Filed 4-24-08; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket Nos. FMCSA-05-22727, FMCSA-05-23099] Qualification of Drivers; Exemption Renewals; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. SUMMARY: FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 8 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has reviewed the comments submitted in response to the previous announcement and concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle
(CMV)drivers. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical Programs,
(202)366-4001, *maggi.gunnels@dot.gov,* FMCSA, Department of Transportation, 400 Seventh Street, SW., Room 8301, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access You may see all the comments online through the Federal Document Management System
(FDMS)at *http://www.regulations.gov.* Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2-year period if it finds “such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.” The statute also allows the Agency to renew exemptions at the end of the 2-year period. The comment period ended on March 20, 2008. Discussion of Comments FMCSA received one comment in this proceeding. The comment was considered and discussed below. Advocates for Highway and Auto Safety (Advocates) expressed opposition to FMCSA's policy to grant exemptions from the FMCSR, including the driver qualification standards. Specifically, Advocates:
(1)Objects to the manner in which FMCSA presents driver information to the public and makes safety determinations;
(2)objects to the Agency's reliance on conclusions drawn from the vision waiver program;
(3)claims the Agency has misinterpreted statutory language on the granting of exemptions (49 U.S.C. 31136(e) and 31315); and finally
(4)suggests that a 1999 Supreme Court decision affects the legal validity of vision exemptions. The issues raised by Advocates were addressed at length in 64 FR 51568 (September 23, 1999), 64 FR 66962 (November 30, 1999), 64 FR 69586 (December 13, 1999), 65 FR 159 (January 3, 2000), 65 FR 57230 (September 21, 2000), and 66 FR 13825 (March 7, 2001). We will not address these points again here, but refer interested parties to those earlier discussions. Conclusion The Agency has not received any adverse evidence on any of these drivers that indicates that safety is being compromised. Based upon its evaluation of the 8 renewal applications, FMCSA renews the Federal vision exemptions for John R. Alger, Gene Bartlett, Jr., Marland L. Brassfield, Billy R. Jeffries, John P. Rodrigues, Robert V. Sloan, Gary N. Wilson, and William B. Wilson. In accordance with 49 U.S.C. 31136(e) and 31315, each renewal exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked if:
(1)The person fails to comply with the terms and conditions of the exemption;
(2)the exemption has resulted in a lower level of safety than was maintained before it was granted; or
(3)continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on: April 17, 2008. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E8-8987 Filed 4-24-08; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [FTA Docket No. 2008-0022 ] Agency Information Collection Activity Under OMB Review AGENCY: Federal Transit Administration, DOT. ACTION: Notice of request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Federal Transit Administration
(FTA)to request the Office of Management and Budget
(OMB)to extend the following currently approved information collection: Reporting of Technical Activities by FTA Grant Recipients. The **Federal Register** Notice with a 60-day comment period soliciting comments was published on February 4, 2008. No comments were received in response to that notice. DATES: Comments must be submitted before May 27, 2008. A comment to OMB is most effective if OMB receives it within 30 days of publication. FOR FURTHER INFORMATION CONTACT: LaStar Matthews, Office of Administration, Office of Management Planning,
(202)366-2295 or e-mail: *LaStar.Matthews@dot.gov* . SUPPLEMENTARY INFORMATION: *Title:* Reporting of Technical Activities by FTA Grant Recipients ( *OMB Number: 2132-0549* ). *Abstract:* 49 U.S.C. 5305 authorizes the use of federal funds to assist metropolitan planning organizations (MPOs), states, and local public bodies in developing transportation plans and programs to serve future transportation needs of urbanized areas and nonurbanized areas throughout the nation. As part of this effort, MPOs and states are required to consider a wide range of goals and objectives and to analyze alternative transportation system management and investment strategies. These objectives are measured by definable activities such as planning certification reviews and other related activities. The information collected is used to report annually to Congress, the Secretary, and to the Federal Transit Administrator on how grantees are responding to national emphasis areas and congressional direction, and allows FTA to track grantees' use of federal planning funds. *Estimated Total Annual Burden:* 156 hours. ADDRESSES: All written comments must refer to the docket number that appears at the top of this document and be submitted to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, Attention: FTA Desk Officer. *Comments Are Invited on:* Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Issued: April 17, 2008. Ann M. Linnertz, Associate Administrator for Administration. [FR Doc. E8-8992 Filed 4-24-08; 8:45 am] BILLING CODE 4910-57-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2007-0042; Notice 2] General Motors Corporation, Grant of Petition for Decision of Inconsequential Noncompliance General Motors Corporation
(GM)has determined that certain model year 2005, 2006 and 2007 Cadillac STS passenger cars equipped with sunroofs do not fully comply with paragraph S4(e) of 49 CFR 571.118, Federal Motor Vehicle Safety Standard (FMVSS) No. 118, *Power-Operated Window, Partition, and Roof Panel Systems.* On October 3, 2007, GM filed an appropriate report pursuant to 49 CFR part 573, *Defect and Noncompliance Responsibility and Reports* identifying approximately 60,042 model year 2005, 2006 and 2007 Cadillac STS passenger cars that do not comply with the paragraph of FMVSS No. 118 cited above. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR Part 556, GM has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. Notice of receipt of the petition was published, with a 30-day public comment period, on December 10, 2007 in the **Federal Register** (72 FR 69727). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System
(FDMS)Web site at: *http://www.regulations.gov/.* Then follow the online search instructions to locate docket number “NHTSA-2007-0042.” For further information on this decision, contact Mr. Stuart Seigel, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone
(202)366-5287, facsimile
(202)493-0073. GM certified these vehicles to paragraph S4(e) of 49 CFR 571.118, which requires in pertinent part: S4. Operating requirements. * * * power operated window, partition, or roof panel systems may be closed only in the following circumstances: * * *
(e)During the interval between the time the locking device which controls the activation of the vehicle's engine is turned off and the opening of either of a two-door vehicle's doors or, in the case of a vehicle with more than two doors, the opening of either of its front doors; GM explains that for 60 seconds after the vehicles are started, if the engine is turned off and a front door is opened, the sunroof module software allows the sunroof to be closed if someone in the vehicle activates the control switch. If more than 60 seconds elapses from the starting of the vehicle, this condition will not occur. GM stated that it is not aware of any incidents or injury related to the subject condition. GM included an analysis of the risk associated with the subject condition and a detailed explanation of the reasons why it believes the noncompliance to be inconsequential to motor vehicle safety. In summary, GM states that for all of the subject vehicles: • The subject condition affects only the sunroof, not the power windows. • The subject condition requires multiple actions that must occur within a 60 second time period. First, the following sequence of actions must occur: driver starts engine, driver turns off engine, and driver or front passenger opens a front door. After this sequence of actions and still within the 60 second time frame, occupants must take additional actions: Push the sunroof close switch and position an occupant to create the risk of sunroof entrapment. All of these actions must occur within one 60 second time frame. • If the sunroof switch is pushed steadily and then released, the sunroof promptly stops moving. • The sunroof incorporates an auto-reverse system. This system will activate whenever the sunroof is closing in the express close mode. Therefore, sunroof entrapment requires the completion of the initial sequence of engine start/engine stop/front door open actions, and also requires an occupant to press and hold the sunroof closure switch and position an occupant within the sunroof—all within the 60 second window and in such a manner that the auto-reverse is not effective in preventing sunroof entrapment. • The Agency has granted similar petitions in the past. • GM is not aware of any injures or incidents related to the subject condition. GM states that it believes that because the noncompliance is inconsequential to motor vehicle safety that no further corrective action is warranted. GM has also informed NHTSA that it has corrected the problem that caused these errors so that they will not be repeated in future production. NHTSA Decision The following explains our rationale. The purpose of paragraph S4 of FMVSS No. 118 is to minimize the likelihood of death or injury to occupants from accidental operation of power windows, partitions, and roof panels. We believe that this noncompliance is inconsequential to motor vehicle safety for a number of reasons. It is very unlikely that the entire sequence of events—starting the engine, turning the engine off, opening a front door, a person becoming positioned in the sunroof opening, and pushing the sunroof close button—will occur in less than 60 seconds. We also believe that the risk exposure time is likely further reduced as the sunroof, normally closed at the time of engine start, would have to first be opened then closed, with the opening time subtracted from the 60 second interval. The noncompliant situation does not involve power windows, where entrapment is rare but a realistic possibility. Power window openings are physically more accessible to occupants than the sunroof opening and thus present a higher risk of entrapment to persons in the vehicle, especially unattended occupants (normally children). The subject vehicle sunroof can be closed either by continuous actuation of the sunroof switch, or by a momentary touch and release of the same switch which initiates an express-close mode. In the first mode, the sunroof ceases movement upon release of the switch. This allows immediate operator sunroof closure control minimizing the entrapment risk. During the express-close mode, the vehicle incorporates an auto-reverse feature that is designed to reverse sunroof motion before it can exert a force of 100N (22.5lbf.) or more on a foreign object or person. We believe this added feature will further minimize the risk of entrapment to an occupant (normally a child). Lastly, GM indicates that it is not aware of any injuries, owner complaints or field reports related to this noncompliance. Based on the above, NHTSA has decided that GM has met its burden of persuasion that the sunroof noncompliance described is inconsequential to motor vehicle safety. Accordingly, GM's petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the noncompliances under 49 U.S.C. 30118 and 30120. Authority: 49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: April 18, 2008. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E8-8989 Filed 4-24-08; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2008-0067; Notice 1] Automobili Lamborghini SpA, Receipt of Petition for Decision of Inconsequential Noncompliance Automobili Lamborghini SpA (Lamborghini), has determined that certain vehicles that it manufactured during the period June 8, 2007 to December 18, 2007, did not fully comply with paragraph S5.5 of 49 CFR 571.205 Federal Motor Vehicle Safety Standards (FMVSS) No. 205 *Glazing Materials* . Lamborghini has filed an appropriate report pursuant to 49 CFR part 573, *Defect and Noncompliance Responsibility and Reports* . Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Lamborghini has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of Lamborghini's petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. Affected are approximately 152 model year 2008 Lamborghini Gallardo Superleggera coupe passenger cars produced during the period June 8, 2007 to December 18, 2007. Paragraph S5.5 of 49 CFR 571.205 requires in pertinent part that: S5.5 Item 4A Glazing. Item 4A glazing may be used in all areas in which Item 4 safety glazing may be used, and also for side windows rearward of the “C” pillar. I.e., Item 4A glazing may be used under Item 4A paragraph
(b)of ANSI/SAE Z26.1-1996 only in side windows rearward of the “C” pillar. Lamborghini explained that due to a configuration mistake on the production line an incorrect component made of polycarbonate (item 4A glazing) was used in the rear windows of certain U.S. version coupes (hardtops). Lamborghini further explained that based on the requirements of paragraph S5.5 of FMVSS No. 205 item 4A glazing is permitted in European specification vehicle rear windows and in U.S. convertible rear windows, but not in U.S. coupe (hardtop) rear windows. Lamborghini stated its belief that the reason why FMVSS No. 205 excludes item 4A from the rear windows of coupe (hardtop) vehicles is twofold:
(1)The breaking of rigid plastic windows in a crash could leave sharp, pointed shards in the window frame which could easily be contacted by an occupant's head. There is also concern about occupant injury resulting from large shards of rigid plastic glazing being propelled inward by vehicle impacts with trees, poles, or other vehicles.
(2)Second, The reduction in visibility through rear windows using plastic glazing due to abrasion and weathering creates significant safety concerns because a driver may have insufficient visibility to avoid a crash in the first place. Lamborghini also stated that it believes the noncompliance is inconsequential to motor vehicle safety in the case of the Superleggera because neither of the safety concerns discussed above is present because:
(1)The use of polycarbonate glazing creates no greater danger because FMVSS No. 201 conformance testing has shown that a passenger head cannot physically contact the rear window given its small size and location. Also, the rear window is so small and located in a protected position between the “buttresses” of the vehicle's roof such that impacts with trees, poles, or other vehicles, would not create the danger of posed by large shards.
(2)Reduction in visibility due to abrasion and weathering is not an issue with the Superleggera. In this vehicle, the driver's rear visibility is based on the twin rear side mirrors. Even with no abrasion or weathering, the design of the vehicle (and in particular the “buttresses” of the roof) precludes a large degree of rearward visibility. Lamborghini additionally states that it believes that this situation is common for performance sports cars. Lamborghini further explains that in its opinion NHTSA has previously given other reasons that a noncompliance similar to the instant one are inconsequential to motor vehicle safety including:
(1)Such a noncompliance is “expected to be imperceptible, or nearly so, to vehicle occupants or approaching drivers.”
(2)Under FMVSS No. 205, item 4A glazing is permitted in the rear window of a “convertible”, including hardtop convertibles.
(3)NHTSA previously held that as regards an exotic vehicle, a noncompliance is inconsequential because the vehicle at issue was not an ordinary passenger automobile designed for daily use, not designed to be used as a family's primary passenger vehicle, and more of a collector's piece, produced in very low numbers and driven a low number of miles. Lamborghini additionally states that no customer complaints related to this noncompliance have been received. Lamborghini requested that NHTSA consider its petition and grant an exemption from the notification and recall requirements of the National Traffic and Motor Vehicle Safety Act on the basis that the noncompliance described above is inconsequential as it relates to motor vehicle safety. Lamborghini also states that it has corrected the problem that caused these errors so that they will not be repeated in future production. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods: a. *By mail addressed to:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. b. *By hand delivery to:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. c. *Electronically:* by logging onto the Federal Docket Management System
(FDMS)Web site at *http://www.regulations.gov/* . Follow the online instructions for submitting comments. Comments may also be faxed to 1-202-493-2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to *http://www.regulations.gov* , including any personal information provided. Documents submitted to a docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at *http://www.regulations.gov* by following the online instructions for accessing the dockets. DOT's complete Privacy Act Statement is available for review in the **Federal Register** published on April 11, 2000 (65 FR 19477-78). The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the **Federal Register** pursuant to the authority indicated below. *Comment closing date:* May 27, 2008. Authority: (49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8) Issued on: April 18, 2008. Claude H. Harris, Director, Office of Vehicle, Safety Compliance. [FR Doc. E8-8991 Filed 4-24-08; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request April 18, 2008. The Department of the Treasury will submit the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13 on or after the date of publication of this notice. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11000, and 1750 Pennsylvania Avenue, NW., Washington, DC 20220. *Dates:* Written comments should be received on or before May 27, 2008 to be assured of consideration. Internal Revenue Service
(IRS)*OMB Number:* 1545-1548. *Type of Review:* Extension. *Title:* Revenue Procedure 2003-45 Late Election Relief for S Corporations; Revenue Procedure 2004-48, Deemed Corporate Election for Late Electing S Corporations. *Description:* The IRS will use the information provided by taxpayers under this revenue procedure to determine whether relief should be granted for the relevant late election. *Respondents:* Businesses or other for-profit institutions. *Estimated Total Burden Hours:* 50,000 hours. *OMB Number:* 1545-1395. *Type of Review:* Extension. *Title:* Consent to Extend the Time to Assess Tax Under Section 367-Gain Recognition Agreement. *Form:* 8838. *Description:* Form 8838 is used to extend the statute of limitations for U.S. persons who transfer stock or securities to a foreign corporation. The form is filed when the transferor makes a gain recognition agreement. This agreement allows the transferor to defer the payment of tax on the transfer. The IRS uses Form 8838 so that it may assess tax against the transferor after the expiration of the original statute of limitations. *Respondents:* Businesses or other for-profit institutions. *Estimated Total Burden Hours:* 5,482 hours. *OMB Number:* 1545-1912. *Type of Review:* Extension. *Title:* Election of Partnership Level Tax Treatment. *Form:* 8893. *Description:* IRC section 6231(a)(1)(B)(ii) allows small partnerships to elect to be treated under the unified audit and litigation procedures. Form 8893 will allow IRS to better track these elections by providing a standardized format for this election. *Respondents:* Businesses or other for-profit institutions. *Estimated Total Burden Hours:* 227 hours. *OMB Number:* 1545-1757. *Type of Review:* Extension. *Title:* REG-105344-01 (Final) Disclosure of Returns and Return Information by Other Agencies. *Description:* In general, under the regulations, the IRS is permitted to authorize agencies with access to returns and return information under section 6103 of the Internal Revenue Code to redisclose returns and return information based on a written request and with the Commissioner's approval, to any authorized recipient set forth in Code section 6103, subject to the same conditions and restrictions, and for the same purposes, as if the recipient had received the information from the IRS directly. *Respondents:* Federal Government. *Estimated Total Burden Hours:* 11 hours. *OMB Number:* 1545-1760. *Type of Review:* Extension. *Title:* Payments From Qualified Education Programs (Under Sections 529 and 530). *Form:* 1099-Q. *Description:* Form 1099-Q is used to report distributions from private and state qualified tuition programs as required under Internal Revenue Code sections 529 and 530. *Respondents:* Businesses or other for-profit institutions. *Estimated Total Burden Hours:* 33,000 hours. *OMB Number:* 1545-0416. *Type of Review:* Revision. *Title:* Election by a Small Business Corporation. *Form:* 2553. *Description:* Form 2553 is filed by a qualifying corporation to elect to be an S corporation as defined in Code section 1361. The information obtained is necessary to determine if the election should be accepted by the IRS. When the election is accepted, the qualifying corporation is classified as an S corporation and the corporation's income is taxed to the shareholders of the corporation. *Respondents:* Businesses or other for-profit institutions. *Estimated Total Burden Hours:* 8,190,000 hours. *OMB Number:* 1545-1626. *Type of Review:* Extension. *Title:* U.S. Return of Income for Electing Large Partnerships (Form 1065-B), Partner's Share of Income
(Loss)From an Electing Large Partnership (Schedule K-1). *Form:* 1065-B, Schedule K-1. *Description:* Code sections 771-777 allow large partnerships to elect to file a simplified return which requires fewer items to be reported to partners. *Respondents:* Businesses and other for-profits. *Estimated Total Burden Hours:* 487,225 hours. *OMB Number:* 1545-1465. *Type of Review:* Extension. *Title:* PS-54-94 (Final) Environmental Settlement Funds—Classification. *Description:* Section 7701 and the regulations thereunder classify entities for federal tax purposes as partnerships, associations, and trusts. Section 671 requires a grantor treated as an owner of a portion of a trust to include items in income. This regulation provides reporting rules. *Respondents:* Businesses or other for-profit institutions. *Estimated Total Burden Hours:* 2,000 hours. *OMB Number:* 1545-1915. *Type of Review:* Extension. *Title:* Notice 2005-04, Fuel Tax Guidance, Request for Comments. *Description:* This notice provides guidance on certain excise Code provisions that were added or effected by the American Jobs Creation Act of 2004, Public Law 108-357. The information will be used by the IRS to verify that the proper amount of tax is reported, excluded, refunded, or credited. *Respondents:* Businesses or other for-profit institutions *Estimated Total Burden Hours:* 76,190 hours. *OMB Number:* 1545-1420. *Type of Review:* Extension. *Title:* Claim for Refund of Excise Taxes. *Forms:* 8849, Schedules 1, 2, 3, 5, 6, 8. *Description:* IRC sections 6402, 6404, 6511 and sections 301.6402-2, 301.6404-1, and 301.6404-3 of the regulations, allow for refunds of taxes (except income taxes) or refund, abatement, or credit of interest, penalties, and additions to tax in the event of errors or certain actions by IRS. Form 8849 is used by taxpayers to claim refunds of excise taxes. *Respondents:* Businesses or other for-profit institutions. *Estimated Total Burden Hours:* 3,032,610 hours. *OMB Number:* 1545-0143. *Type of Review:* Extension. *Title:* Heavy Highway Vehicle Use Tax Return. *Form:* 2290. *Description:* Form 2290 is used to compute and report the tax imposed by section 4481 on the highway use of certain motor vehicles. The information is used to determine whether the taxpayer has paid the correct amount of tax. *Respondents:* Businesses or other for-profit institutions. *Estimated Total Burden Hours:* 27,548,640 hours. Clearance Officer: Glenn P. Kirkland
(202)622-3428, Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. *OMB Reviewer:* Alexander T. Hunt
(202)395-7316, Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503. Robert Dahl, Treasury PRA Clearance Officer. [FR Doc. E8-9029 Filed 4-24-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau Proposed Information Collections; Comment Request AGENCY: Alcohol and Tobacco Tax and Trade Bureau (TTB), Treasury. ACTION: Notice and request for comments. SUMMARY: As part of our continuing effort to reduce paperwork and respondent burden, and as required by the Paperwork Reduction Act of 1995, we invite comments on the proposed or continuing information collections listed below in this notice. DATES: We must receive your written comments on or before June 24, 2008. ADDRESSES: You may send comments to Mary A. Wood, Alcohol and Tobacco Tax and Trade Bureau, at any of these addresses: • P.O. Box 14412, Washington, DC 20044-4412; • 202-927-8525 (facsimile); or • *formcomments@ttb.gov* (e-mail). Please send separate comments for each specific information collection listed below. You must reference the information collection's title, form, or recordkeeping requirement number, and OMB number (if any) in your comment. If you submit your comment via facsimile, send no more than five 8.5 x 11 inch pages in order to ensure electronic access to our equipment. FOR FURTHER INFORMATION CONTACT: To obtain additional information, copies of the information collection and its instructions, or copies of any comments received, contact Mary A. Wood, Alcohol and Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044-4412; or telephone 202-927-8210. SUPPLEMENTARY INFORMATION: Request for Comments The Department of the Treasury and its Alcohol and Tobacco Tax and Trade Bureau, as part of their continuing effort to reduce paperwork and respondent burden, invite the general public and other Federal agencies to comment on the proposed or continuing information collections listed below in this notice, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Comments submitted in response to this notice will be included or summarized in our request for Office of Management and Budget
(OMB)approval of the relevant information collection. All comments are part of the public record and subject to disclosure. Please not do include any confidential or inappropriate material in your comments. We invite comments on:
(a)Whether this information collection is necessary for the proper performance of the agency's functions, including whether the information has practical utility;
(b)the accuracy of the agency's estimate of the information collection's burden;
(c)ways to enhance the quality, utility, and clarity of the information collected;
(d)ways to minimize the information collection's burden on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide the requested information. Information Collections Open for Comment Currently, we are seeking comments on the following records and forms: *Title:* Applications—Volatile Fruit-Flavor Concentrate Plants, TTB REC 5520/2. *OMB Number:* 1513-0006. *TTB Form Number:* 5520.3. *TTB Recordkeeping Requirement Number:* 5520/2. *Abstract:* Persons who wish to establish premises to manufacture volatile fruit-flavor concentrates are required to file an application and keep records to support the manufacture of these concentrates. Persons who wish to amend their activities must also file an application and keep records. TTB uses the application information to identify persons responsible for such manufacture since these concentrates contain ethyl alcohol and have potential for use as alcoholic beverages with consequent revenue loss. TTB uses the records to ensure that the concentrates are manufactured properly and are not used for beverage purposes. The application constitutes registry of a still, a statutory requirement. *Current Actions:* There is an increase in the number of respondents which results in an increase in burden hours. Also, we have made minor corrections to this information collection, and we are submitting it as a revision. *Type of Review:* Revision of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* 80. *Estimated Total Annual Burden Hours:* 160. *Title:* Application for Basic Permit under the Federal Alcohol Administration Act. *OMB Number:* 1513-0018. *TTB Form Number:* 5100.24. *Abstract:* TTB F 5100.24 is completed by persons intending to engage in a business involving beverage alcohol operations at distilled spirits plants, bonded wineries, or wholesaling/importing business. The information allows TTB to identify the applicant and the location of the business, and to determine whether the applicant qualifies for a permit. *Current Actions:* We made changes to this form by adding page numbers, the name of the office where labels are submitted, and “financial institution name, city, and State” in parenthesis in Item 8. Also, we made minor corrections to this information collection, and we are submitting it as a revision. *Type of Review:* Revision of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* 1,600. *Estimated Total Annual Burden Hours:* 2,800. *Title:* Application for Amended Basic Permit under the Federal Alcohol Administration Act. *OMB Number:* 1513-0019. *TTB Form Number:* 5100.18. *Abstract:* TTB F 5100.18 is submitted by permittees who change their operations in a manner that requires TTB to issue a new permit or receive a new notice. The information allows TTB to identify the permittee, the changes to the permit or business, and to determine whether the applicant qualifies. *Current Actions:* We corrected the title of the form by adding “the” before “Federal.” We are submitting this information collection as a revision. *Type of Review:* Revision of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* 1,200. *Estimated Total Annual Burden Hours:* 600. *Title:* Formula and Process for Nonbeverage Product. *OMB Number:* 1513-0021. *TTB Form Number:* 5154.1. *Abstract:* Businesses using taxpaid distilled spirits to manufacture nonbeverage products may receive drawback ( *i.e.* , a refund or remittance) of tax, if they can show that the spirits were used in the manufacture of products unfit for beverage use. This showing is based on the formula for the product, which is submitted on TTB F 5154.1. *Current Actions:* We are adding a check box for “Dietary Supplement” in box 7 and adding a request for an e-mail address in box 14. Also, we are making minor grammatical correction to this information collection, and we are submitting it as a revision. *Type of Review:* Revision of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* 611. *Estimated Total Annual Burden Hours:* 2,500. *Title:* Annual Report of Concentrate Manufacturers and Usual and Customary Business Records—Volatile Fruit-Flavor Concentrate, TTB REC 5520/1. *OMB Number:* 1513-0022. *TTB Form Number:* 5520.2. *TTB Recordkeeping Requirement Number:* 5520/1. *Abstract:* Manufacturers of volatile fruit-flavor concentrate must provide reports as necessary to ensure the protection of the revenue. The report accounts for all concentrates manufactured, removed, or treated so as to be unfit for beverage use. The information is required to verify that alcohol is not being diverted, thereby jeopardizing tax revenues. *Current Actions:* The number of respondents has decreased, and, as a result, the burden hours have decreased. Also, we are making minor corrections to the content of this information collection, and we are submitting it as a revision. *Type of Review:* Revision of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* 80. *Estimated Total Annual Burden Hours:* 27. *Titles:* Environmental Information; and Supplemental Information on Water Quality Consideration Under 33 U.S.C. 1341(a). *OMB Number:* 1513-0023. *TTB Form Numbers:* 5000.29 and 5000.30, respectively. *Abstract:* TTB F 5000.29 is used to determine whether an activity will have a significant effect on the environment and to determine if a formal environmental impact statement or an environmental permit is necessary for a proposed operation. TTB F 5000.30 is used to make a determination as to whether a certification or waiver by the applicable State Water Quality Agency is required under section 21 of the Federal Water Pollution Control Act (33 U.S.C. 1341(a)). Manufacturers that discharge a solid or liquid effluent into navigable waters submit this form. *Current Actions:* We are making minor corrections to these forms, and we are submitting them as revisions. *Type of Review:* Revision of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* 8,000. *Estimated Total Annual Burden Hours:* 4,000. *Titles:* Specific Transportation Bond—Distilled Spirits or Wines Withdrawn for Transportation to Manufacturing Bonded Warehouse—Class Six; and Continuing Transportation Bond—Distilled Spirits or Wines Withdrawn for Transportation to Manufacturing Bonded Warehouse—Class Six. *OMB Number:* 1513-0031. *TTB Form Numbers:* 5100.12 and 5110.67, respectively. *Abstract:* TTB F 5100.12 and TTB F 5110.67 are specific bonds that protect the tax liability on distilled spirits and wine while in transit from one type of bonded facility to another. The forms identify the shipment, the parties involved, the date, and the amount of bond coverage. *Current Actions:* We are making minor corrections to this information collection and we are submitting it as a revision. *Type of Review:* Revision of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* One (1). *Estimated Total Annual Burden Hours:* One (1). *Title:* Offer in Compromise of Liability Incurred under the Federal Alcohol Administration Act, as amended. *OMB Number:* 1513-0055. *TTB Form Number:* 5640.2. *Abstract:* Persons who have committed violations of the Federal Alcohol Administration Act may submit an offer in compromise. The offer is a request by the party in violation to compromise penalties for the violations in lieu of civil or criminal action. TTB F 5640.2 identifies the violation(s) to be compromised by the person committing them, amount of offer, plus justification for acceptance. *Current Actions:* We made minor corrections to this information collection, and we are submitting it as a revision. *Type of Review:* Revision of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* 12. *Estimated Total Annual Burden Hours:* 24. *Title:* Wholesale Dealers Records of Receipt of Alcoholic Beverages, Disposition of Distilled Spirits, and Monthly Summary Report. *OMB Number:* 1513-0065. *TTB Recordkeeping Requirement Number:* 5170/2. *Abstract:* TTB uses these records and reports as an accounting tool to ensure protection of the revenue. Records of receipt and disposition are the basic documents that describe the activities of wholesale dealers, and they provide an audit trail of taxable commodities from point of production to point of sale. Records of disposition are required only for distilled spirits. TTB requires the monthly report only in exceptional circumstances to ensure that a particular wholesale dealer is maintaining the required records. The records retention requirement is 3 years. *Current Actions:* There are no changes to this information collection, and we are submitting it for extension purposes only. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* 50. *Estimated Total Annual Burden Hours:* 1,200. *Title:* Manufacturers of Nonbeverage Products—Records to Support Claims for Drawback. *OMB Number:* 1513-0073. *TTB Recordkeeping Requirement Number:* 5530/2. *Abstract:* The recordkeeping requirements included in TTB REC 5530/2 are part of the system necessary to prevent diversion of drawback spirits to beverage use. The records are necessary to maintain accountability over these spirits. Required source records kept at the manufacturing plant include information about distilled spirits received, the gauge records recording the receipts, the identification of the person from whom received, evidence of the taxes paid on the spirits, the date the spirits were used, the quantity and kind used in each product (including usage of Puerto Rican and Virgin Islands spirits for compliance with the Caribbean Basin Initiative), receipt and usage of other ingredients (to validate formula compliance), inventory records, records of recovered alcohol, the quantity of intermediate products transferred to other plants, the disposition of each nonbeverage product produced, and the purchasers (except for retail sales). These elements make it possible to trace spirits using audit techniques, thus enabling TTB officers to verify the amount of spirits used in nonbeverage products and subsequently claimed as eligible for drawback of tax. The record retention requirement for this information collection is 3 years. *Current Actions:* There is a decrease in the number of respondents, resulting in a decrease in the number of burden hours. We are submitting this information collection as a revision. *Type of Review:* Revision of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* 501. *Estimated Total Annual Burden Hours:* 10,521. *Title:* Proprietors or Claimants Exporting Liquors. *OMB Number:* 1513-0075. *TTB Recordkeeping Requirement Number:* 5900/1. *Abstract:* Distilled spirits, wine, and beer may be exported from bonded premises without payment of excise taxes, or, if the taxes have been paid, the exporter may claim drawback of the taxes paid. This export drawback or “refund” allows the manufacturer to recover the amount of the tax paid to the government. Obviously, substantial losses in tax revenues would occur if untaxpaid liquors were allowed to enter the domestic market, or if the government allowed drawback to be claimed on liquors used for domestic consumption. This recordkeeping requirement makes it possible to trace spirits using audit techniques, thus enabling TTB officers to verify the amount of spirits, beer, and wine eligible for exportation without payment of tax or exportation subject to drawback. The retention requirement for this information collection is 2 years. *Current Actions:* There are no changes to this information collection, and we are submitting it for extension purposes only. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* 120. *Estimated Total Annual Burden Hours:* 7,200. *Title:* Federal Firearms and Ammunition Excise Tax Return. *OMB Number:* 1513-0094. *TTB Form Number:* 5300.26. *Abstract:* This information is needed to determine how much excise tax is owed for firearms and ammunition. TTB uses this information to verify that a taxpayer has correctly determined and paid tax liability on the sale or use of firearms and ammunition. Businesses, including small to large, and individuals may be required to use this form. *Current Actions:* There are no changes to this information collection, and we are submitting it for extension purposes only. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* 3,860. *Estimated Total Annual Burden Hours:* 27,020. *Title:* Administrative Remedies—Closing Agreements. *OMB Number:* 1513-0099. *TTB Form Number:* None. *TTB Recordkeeping Requirement Number:* None. *Abstract:* This is a written agreement between TTB and regulated taxpayers used to finalize and resolve certain tax-related issues. Once an agreement is approved, it will not be reopened unless fraud or misrepresentation of material facts is proven. *Current Actions:* There are no changes to this information collection, and we are submitting it for extension purposes only. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* One (1). *Estimated Total Annual Burden Hours:* One (1). *Title:* Marks and Notices on Packages of Tobacco Products. *OMB Number:* 1513-0101. *TTB Recordkeeping Requirement Number:* 5210/13. *Abstract:* TTB requires that manufacturers or exporters place a mark and notice indicating a product's tax classification and quantity on packages, cases, or containers. TTB uses this information to validate the receipt of excise tax revenue, to determine tax liability, and to verify claims. *Current Actions:* There are no changes to this information collection, and we are submitting it for extension purposes only. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* 120. *Estimated Total Annual Burden Hours:* One (1). *Title:* Drawback of Tax on Tobacco Products and Cigarette Papers and Tubes—Export Shipment. *OMB Number:* 1513-0102. *TTB Recordkeeping Requirement Number:* 5210/2. *Abstract:* Exporters may file claim for drawback of tax on tobacco products and cigarette papers and tubes on which they have paid the taxes and exported. Appropriate records are needed to ensure that drawback of tax is properly documented and justified. TTB uses the claim information to carry out its statutory responsibility to protect the revenue by requiring proprietors to maintain accountability over tobacco products and cigarette papers and tubes exported. *Current Actions:* There are no changes to this information collection and we are submitting it for extension purposes only. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* One (1). *Estimated Total Annual Burden Hours:* 5. *Title:* Certificate of Taxpaid Alcohol. *OMB Number:* 1513-XXXX. *TTB Form Number:* 5100.4. *Abstract:* This form is required by a Port Director of Customs and Border Patrol (Customs) to support refunding taxes paid on nonbeverage products that are exported. When the nonbeverage product is exported, the industry member submits TTB F 5100.4 and supporting documentation to TTB. TTB certifies the form and then submits it to Customs. *Current Actions:* There are no changes to this information collection, and it is being submitted as an existing collection in use without an OMB control number. *Type of Review:* Existing collection in use without an OMB control number. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* 10. *Estimated Total Annual Burden Hours:* 100. Dated: April 22, 2008. Francis W. Foote, Director, Regulations and Rulings Division. [FR Doc. E8-9105 Filed 4-24-08; 8:45 am] BILLING CODE 4810-31-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 4684 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, 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)). Currently, the IRS is soliciting comments concerning Form 4684, Casualties and Thefts. DATES: Written comments should be received on or before June 24, 2008 to be assured of consideration. ADDRESSES: Direct all written comments to R. Joseph Durbala, Internal Revenue Service, Room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Carolyn N. Brown,
(202)622-6688, Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224 or through the internet at *Carolyn.N.Brown@irs.gov* . SUPPLEMENTARY INFORMATION: *Title:* Casualties and Thefts. *OMB Number:* 1545-0177. *Form Number:* 4684. *Abstract:* Form 4684 is used by taxpayers to compute their gain or loss from casualties or thefts, and to summarize such gains and losses. The data is used to verify that the correct gain or loss has been computed. *Current Actions:* There are no changes being made to the form at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Individuals or households and business or other for-profit organizations. *Estimated Number of Respondents:* 113,333. *Estimated Time per Respondent:* 4 hrs., 7 min. *Estimated Total Annual Burden Hours:* 466,932. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the 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 collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: April 17, 2008. R. Joseph Durbala, IRS Reports Clearance Officer. [FR Doc. E8-9027 Filed 4-24-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Forms 1042, 1042-S, and 1042-T AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, 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)). Currently, the IRS is soliciting comments concerning Form 1042, Annual Withholding Tax Return for U.S. Source Income of Foreign Persons, Form 1042-S, Foreign Person's U.S. Source Income Subject to Withholding, and Form 1042-T, Annual Summary and Transmittal of Forms 1042-S. DATES: Written comments should be received on or before June 24, 2008 to be assured of consideration. ADDRESSES: Direct all written comments to R. Joseph Durbala, Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Carolyn N. Brown, at
(202)622-6688, or at Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or through the internet at *Carolyn.N.Brown@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Form 1042, Annual Withholding Tax Return for U.S. Source Income of Foreign Persons, Form 1042-S, Foreign Person's U.S. Source Income Subject to Withholding, and Form 1042-T, Annual Summary and Transmittal of Forms 1042-T. *OMB Number:* 1545-0096. *Form Numbers:* 1042, 1042-S, and 1042-T. *Abstract:* Form 1042 is used by withholding agents to report tax withheld at source on payment of certain income paid to nonresident alien individuals, foreign partnerships, or foreign corporations. The IRS uses this information to verify that the correct amount of tax has been withheld and paid to the United States. Form 1042-S is used to report certain income and tax withheld information to nonresident alien payees and beneficial owners. Form 1042-T is used by withholding agents to transmit Forms 1042-S to the IRS. *Current Actions:* Forms 1042, 1042-S and 1042-T were revised, adding 3 line items and deleting 2 line items to accommodate the treatment of substitute payments prescribed by Notice 97-66. These changes resulted in an increase of burden hours to 1,360,940. *Type of Review:* Revision of a currently approved collection. *Affected Public:* Business or other for profit organizations and individuals or households. *Estimated Number of Respondents:* 22,000. *Estimated Time per Respondent:* 61 hours, 52 minutes. *Estimated Total Annual Burden Hours:* 1,360,940. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the 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 collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: April 18, 2008. R. Joseph Durbala, IRS Reports Clearance Officer. [FR Doc. E8-9028 Filed 4-24-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Office of Thrift Supervision Branch Offices AGENCY: Office of Thrift Supervision (OTS), Treasury. ACTION: Notice and request for comment. SUMMARY: The proposed information collection request
(ICR)described below has been submitted to the Office of Management and Budget
(OMB)for review and approval, as required by the Paperwork Reduction Act of 1995. OTS is soliciting public comments on the proposal. DATES: Submit written comments on or before May 27, 2008. A copy of this ICR, with applicable supporting documentation, can be obtained from RegInfo.gov at *http://www.reginfo.gov/public/do/PRAMain* . ADDRESSES: Send comments, referring to the collection by title of the proposal or by OMB approval number, to OMB and OTS at these addresses: Office of Information and Regulatory Affairs, Attention: Desk Officer for OTS, U.S. Office of Management and Budget, 725 17th Street, NW., Room 10235, Washington, DC 20503, or by fax to
(202)395-6974; and Information Collection Comments, Chief Counsel's Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552, by fax to
(202)906-6518, or by e-mail to *infocollection.comments@ots.treas.gov* . OTS will post comments and the related index on the OTS Internet Site at *http://www.ots.treas.gov* . In addition, interested persons may inspect comments at the Public Reading Room, 1700 G Street, NW., by appointment. To make an appointment, call
(202)906-5922, send an e-mail to *public.info@ots.treas.gov* , or send a facsimile transmission to
(202)906-7755. FOR FURTHER INFORMATION CONTACT: For further information or to obtain a copy of the submission to OMB, please contact Ira L. Mills at, *ira.mills@ots.treas.gov* ,
(202)906-6531, or facsimile number
(202)906-6518, Regulations and Litigation Division, Chief Counsel's Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. SUPPLEMENTARY INFORMATION: OTS may not conduct or sponsor an information collection, and respondents are not required to respond to an information collection, unless the information collection displays a currently valid OMB control number. As part of the approval process, we invite comments on the following information collection. *Title of Proposal:* Branch Offices. *OMB Number:* 1550-0006. *Form Numbers:* 1450 and 1558. *Description:* Pursuant to 12 CFR 545.93, a Federal savings association must file an application or notice and receive OTS approval or non-objection under § 545.95 before the applicant can change the permanent location of, or establish a new, home or branch office, except as provided in this section. Pursuant to 12 CFR 545.95, applications and notices under § 545.93 are subject to expedited or standard treatment under the application processing procedures at part 516 of this chapter. Such applications or notices must be in a form prescribed by OTS. OTS's Applications for Permission to Establish a Branch Office and Change of Location of an Office are designed to provide the minimum amount of information necessary to determine whether the request meets OTS's criteria for approval of these activities. Pursuant to 12 CFR 516.80, the applicant must publish a notice in a newspaper printed in the English language. If the OTS determines that the primary language of a significant number of adult residents of the community is a language other than English, the OTS may require that the applicant simultaneously publish additional notice(s) in the community in the appropriate language. Section 228 of the Federal Deposit Insurance Corporation Improvement Act of 1991 requires each insured depository institution to give 90 days prior written notice of any branch closing to its primary federal regulator and to branch customers. The notice to the regulator must include a detailed statement of the reasons for the decision to close the branch and information in support of those reasons. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* 584. *Estimated Number of Responses:* 584. *Estimated Burden Hours per Response:* 1 hour and 29 minutes for the application; 1 hour for Third Party Disclosure; and 10 minutes for a change application. *Estimated Frequency of Response:* Other; Prior to branching activity. *Estimated Total Burden:* 611 hours. *Clearance Officer:* Ira L. Mills,
(202)906-6531, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. Dated: April 21, 2008. Deborah Dakin, Senior Deputy Chief Counsel, Regulations and Legislation Division. [FR Doc. E8-9078 Filed 4-24-08; 8:45 am] BILLING CODE 6720-01-P DEPARTMENT OF THE TREASURY Office of Thrift Supervision Financial Management Policies—Interest Rate Risk AGENCY: Office of Thrift Supervision (OTS), Treasury. ACTION: Notice and request for comment. SUMMARY: The proposed information collection request
(ICR)described below has been submitted to the Office of Management and Budget
(OMB)for review and approval, as required by the Paperwork Reduction Act of 1995. OTS is soliciting public comments on the proposal. DATES: Submit written comments on or before May 27, 2008. A copy of this ICR, with applicable supporting documentation, can be obtained from RegInfo.gov at *http://www.reginfo.gov/public/do/PRAMain* . ADDRESSES: Send comments, referring to the collection by title of the proposal or by OMB approval number, to OMB and OTS at these addresses: Office of Information and Regulatory Affairs, Attention: Desk Officer for OTS, U.S. Office of Management and Budget, 725 17th Street, NW., Room 10235, Washington, DC 20503, or by fax to
(202)395-6974; and Information Collection Comments, Chief Counsel's Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552, by fax to
(202)906-6518, or by e-mail to *infocollection.comments@ots.treas.gov* . OTS will post comments and the related index on the OTS Internet Site at *http://www.ots.treas.go* v. In addition, interested persons may inspect comments at the Public Reading Room, 1700 G Street, NW., by appointment. To make an appointment, call
(202)906-5922, send an e-mail to *public.info@ots.treas.gov,* or send a facsimile transmission to
(202)906-7755. FOR FURTHER INFORMATION CONTACT: For further information or to obtain a copy of the submission to OMB, please contact Ira L. Mills at, *ira.mills@ots.treas.gov,*
(202)906-6531, or facsimile number
(202)906-6518, Regulations and Litigation Division, Chief Counsel's Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. SUPPLEMENTARY INFORMATION: OTS may not conduct or sponsor an information collection, and respondents are not required to respond to an information collection, unless the information collection displays a currently valid OMB control number. As part of the approval process, we invite comments on the following information collection. *Title of Proposal:* Financial Management Policies—Interest Rate Risk. *OMB Number:* 1550-0094. *Form Numbers:* N/A. *Description:* The purpose of this collection requirement is to ensure that institutions are appropriately managing their exposure to interest rate risk. To comply with this reporting requirement, institutions need to maintain sufficient records for determining how their interest rate risk exposure is being internally monitored and managed, and how their exposure compares with that of other institutions. OTS uses the information in connection with a model to advise savings associations in OTS's supervision of their activities related to interest rate risk. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* 832. *Estimated Number of Responses:* 832. *Estimated Burden Hours per Response:* 8 hours. *Estimated Frequency of Response:* Quarterly; Annually. *Estimated Total Burden:* 33,280 hours. *Clearance Officer:* Ira L. Mills,
(202)906-6531, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. Dated: April 21, 2007. Deborah Dakin, Senior Deputy Chief Counsel, Regulations and Legislation Division. [FR Doc. E8-9080 Filed 4-24-08; 8:45 am] BILLING CODE 6720-01-P DEPARTMENT OF THE TREASURY Office of Thrift Supervision Request for Service Corporation Activity AGENCY: Office of Thrift Supervision (OTS), Treasury. ACTION: Notice and request for comment. SUMMARY: The proposed information collection request
(ICR)described below has been submitted to the Office of Management and Budget
(OMB)for review and approval, as required by the Paperwork Reduction Act of 1995. OTS is soliciting public comments on the proposal. DATES: Submit written comments on or before May 27, 2008. A copy of this ICR, with applicable supporting documentation, can be obtained from RegInfo.gov at *http://www.reginfo.gov/public/do/PRAMain.* ADDRESSES: Send comments, referring to the collection by title of the proposal or by OMB approval number, to OMB and OTS at these addresses: Office of Information and Regulatory Affairs, Attention: Desk Officer for OTS, U.S. Office of Management and Budget, 725 17th Street, NW., Room 10235, Washington, DC 20503, or by fax to
(202)395-6974; and Information Collection Comments, Chief Counsel's Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552, by fax to
(202)906-6518, or by e-mail to *infocollection.comments@ots.treas.gov.* OTS will post comments and the related index on the OTS Internet Site at *http://www.ots.treas.gov.* In addition, interested persons may inspect comments at the Public Reading Room, 1700 G Street, NW., by appointment. To make an appointment, call
(202)906-5922, send an e-mail to *public.info@ots.treas.gov,* or send a facsimile transmission to
(202)906-7755. FOR FURTHER INFORMATION CONTACT: For further information or to obtain a copy of the submission to OMB, please contact Ira L. Mills at, *ira.mills@ots.treas.gov,*
(202)906-6531, or facsimile number
(202)906-6518, Regulations and Litigation Division, Chief Counsel's Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. SUPPLEMENTARY INFORMATION: OTS may not conduct or sponsor an information collection, and respondents are not required to respond to an information collection, unless the information collection displays a currently valid OMB control number. As part of the approval process, we invite comments on the following information collection. *Title of Proposal:* Request for Service Corporation Activity. *OMB Number:* 1550-0013. *Form Numbers:* Form 1566. *Description:* The information will be used by OTS to ensure that the principles of safety and soundness are adhered to in the issuance of securities. It was determined that all supervisory concerns would be satisfied if the information previously reported is available for inspection by OTS examiners. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* 20. *Estimated Number of Responses:* 20. *Estimated Burden Hours per Response:* 15 minutes. *Estimated Frequency of Response:* On occasion. *Estimated Total Burden:* 10 hours. *Clearance Officer:* Ira L. Mills,
(202)906-6531, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. Dated: April 21, 2008. Deborah Dakin, Senior Deputy Chief Counsel, Regulations and Legislation Division. [FR Doc. E8-9081 Filed 4-24-08; 8:45 am] BILLING CODE 6720-01-P VETERANS AFFAIRS DEPARTMENT Veterans' Advisory Committee on Rehabilitation (VACOR); Notice of Meeting The Department of Veterans Affairs
(VA)gives notice under Public Law 92-463 (Federal Advisory Committee Act) that a meeting of the Veterans' Advisory Committee on Rehabilitation will be held on May 21-22, 2008, at the Department of Veterans Affairs, 811 Vermont Avenue, Washington, DC. The meeting sessions will be held in the Kenneth Eaton Room 819, from 8 a.m. to 4:30 p.m. on May 21 and 8 a.m. to 1 p.m. on May 22. The meeting is open to the public. The purpose of the Committee is to provide recommendations to the Secretary of Veterans Affairs on the rehabilitation needs of veterans with disabilities and on the administration of VA's rehabilitation programs. During the meeting, committee members will be briefed on various VA rehabilitation-related initiatives. The Committee will also be discussing research on rehabilitation needs of veterans with disabilities. No time will be allocated at this meeting for oral presentations from the public. Any member of the public wishing to attend the meeting is requested to contact Mr. Joseph Tucker, Designated Federal Officer, at
(202)461-9637. The Committee will accept written comments. Comments can be addressed to Mr. Tucker at the Department of Veterans Affairs, Veterans Benefits Administration (28), 810 Vermont Avenue, NW., Washington, DC 20420. In communication with the Committee, writers must identify themselves and state the organizations, associations, or person(s) they represent. By Direction of the Secretary. Dated: April 21, 2008. E. Philip Riggin, Committee Management Officer. [FR Doc. E8-8996 Filed 4-24-08; 8:45 am] BILLING CODE 8320-01-M 73 81 Friday, April 25, 2008 Notices Part II Election Assistance Commission Publication of State Plan Pursuant to the Help America Vote Act; Notice ELECTION ASSISTANCE COMMISSION Publication of State Plan Pursuant to the Help America Vote Act AGENCY: U.S. Election Assistance Commission (EAC). ACTION: Notice. SUMMARY: Pursuant to sections 254(a)(11)(A) and 255(b) of the Help America Vote Act (HAVA), Public Law 107-252, the U.S. Election Assistance Commission
(EAC)hereby causes to be published in the **Federal Register** material changes to the HAVA State plans previously submitted by Alaska, Florida, Minnesota, New Jersey, Nevada, Oregon, and South Dakota. DATES: This notice is effective upon publication in the **Federal Register** . FOR FURTHER INFORMATION CONTACT: Bryan Whitener, Telephone 202-566-3100 or 1-866-747-1471 (toll-free). *Submit Comments:* Any comments regarding the plans published herewith should be made in writing to the chief election official of the individual State at the address listed below. SUPPLEMENTARY INFORMATION: On March 24, 2004, the U.S. Election Assistance Commission published in the **Federal Register** the original HAVA State plans filed by the fifty States, the District of Columbia and the Territories of American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands. 69 FR 14002. HAVA anticipated that States, Territories and the District of Columbia would change or update their plans from time to time pursuant to HAVA section 254(a)(11) through (13). HAVA sections 254(a)(11)(A) and 255 require EAC to publish such updates. The revised State plans from Florida, New Jersey, Oregon, South Dakota, Nevada, and Alaska address material changes in the respective budgets of the previously submitted State plans. South Dakota and New Jersey submitted certifications under HAVA section 251(b)(2) allowing the State to use requirements payments for activities other than meeting the requirements of Title III. Minnesota and Oregon have provided updates to how the states plan to meet the Title III requirements, including implementation of the HAVA section 301 voting system standards and the HAVA section 303 statewide voter registration list. In accordance with HAVA section 254(a)(12), all the State plans submitted for publication provide information on how the respective State succeeded in carrying out its previous State plan. The States all confirm that these material changes to their respective State plans were developed and submitted to public comment in accordance with HAVA sections 254(a)(11), 255, and 256. Upon the expiration of thirty days from April 25, 2008, the States are eligible to implement the material changes addressed in the plans that are published herein, in accordance with HAVA section 254(a)(11)(C). EAC wishes to acknowledge the effort that went into revising this State plan and encourages further public comment, in writing, to the State election official listed below. Chief State Election Officials Ms. Gail M. Fenumiai, Director, Alaska State Division of Elections, 240 Main Street, Suite 400, P.O. Box 110017, Juneau, Alaska 99811-0017, Phone:
(907)465-4611, Fax:
(907)465-3203 The Honorable Kurt Browning, Secretary of State, Department of State, R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250, Phone:
(850)245-6500, Fax:
(850)245-6125, E-mail: *secretaryofstate@dos.state.fl.us* The Honorable Mark Ritchie, Secretary of State, 180 State Office Building, 100 Martin Luther King Blvd., St. Paul, Minnesota 55155-1299, Phone:
(651)201-1324, Fax:
(651)215-0682 Ms. Donna Kelly, Assistant Attorney General, Office of the Attorney General, Department of Law and Public Safety, Division of Law, 25 Market Street, P.O. Box 112, Trenton, New Jersey 08625-0112, Phone:
(609)599-6877, Fax:
(609)292-0690 Mr. Matthew M. Griffin, Deputy Secretary for Elections, Office of the Secretary of State, 101 N. Carson Street, Suite 3, Carson City, Nevada 89701-4786, Phone:
(775)684-5708, Fax:
(775)684-5725 The Honorable Bill Bradbury, Secretary of State, 136 State Capitol, Salem, Oregon 97310-0722, Phone:
(503)986-1523, Fax:
(503)986-1616 The Honorable Chris Nelson, Secretary of State, State Capitol, Suite 204, 500 East Capitol Avenue, Pierre, South Dakota 57501-5070, Phone:
(605)773-3537, Fax:
(605)773-6580, E-mail: *sdsos@state.sd.us* Thank you for your interest in improving the voting process in America. Dated: April 9, 2008. Rosemary Rodriguez, Chair, U.S. Election Assistance Commission. BILLING CODE 6820-KF-P EN25AP08.000 EN25AP08.001 EN25AP08.002 EN25AP08.003 EN25AP08.004 EN25AP08.005 EN25AP08.006 EN25AP08.007 EN25AP08.008 EN25AP08.009 EN25AP08.010 EN25AP08.011 EN25AP08.012 EN25AP08.013 EN25AP08.014 EN25AP08.015 EN25AP08.016 EN25AP08.017 EN25AP08.018 EN25AP08.019 EN25AP08.020 EN25AP08.021 EN25AP08.022 EN25AP08.023 EN25AP08.024 EN25AP08.025 EN25AP08.026 EN25AP08.027 EN25AP08.028 EN25AP08.029 EN25AP08.030 EN25AP08.031 EN25AP08.032 EN25AP08.033 EN25AP08.034 EN25AP08.035 EN25AP08.036 EN25AP08.037 EN25AP08.038 EN25AP08.039 EN25AP08.040 EN25AP08.041 EN25AP08.042 EN25AP08.043 EN25AP08.044 EN25AP08.045 EN25AP08.046 EN25AP08.047 EN25AP08.048 EN25AP08.049 EN25AP08.050 EN25AP08.051 EN25AP08.052 EN25AP08.053 EN25AP08.054 EN25AP08.055 EN25AP08.056 EN25AP08.057 EN25AP08.058 EN25AP08.059 EN25AP08.060 EN25AP08.061 EN25AP08.062 EN25AP08.063 EN25AP08.064 EN25AP08.065 EN25AP08.066 EN25AP08.067 EN25AP08.068 EN25AP08.069 EN25AP08.070 EN25AP08.071 EN25AP08.072 EN25AP08.073 EN25AP08.074 EN25AP08.075 EN25AP08.076 EN25AP08.077 EN25AP08.078 EN25AP08.079 EN25AP08.080 EN25AP08.081 EN25AP08.082 EN25AP08.083 EN25AP08.084 EN25AP08.085 EN25AP08.086 EN25AP08.087 EN25AP08.088 EN25AP08.089 EN25AP08.090 EN25AP08.091 EN25AP08.092 EN25AP08.093 EN25AP08.094 EN25AP08.095 EN25AP08.096 EN25AP08.097 EN25AP08.098 EN25AP08.099 EN25AP08.100 EN25AP08.101 EN25AP08.102 EN25AP08.103 EN25AP08.104 EN25AP08.105 EN25AP08.106 EN25AP08.107 EN25AP08.108 EN25AP08.109 EN25AP08.110 EN25AP08.111 EN25AP08.112 EN25AP08.113 EN25AP08.114 EN25AP08.115 EN25AP08.116 EN25AP08.117 EN25AP08.118 EN25AP08.119 EN25AP08.120 EN25AP08.121 EN25AP08.122 EN25AP08.123 EN25AP08.124 EN25AP08.125 EN25AP08.126 EN25AP08.127 EN25AP08.128 EN25AP08.129 EN25AP08.130 EN25AP08.131 EN25AP08.132 EN25AP08.133 EN25AP08.134 EN25AP08.135 EN25AP08.136 EN25AP08.137 EN25AP08.138 EN25AP08.139 EN25AP08.140 EN25AP08.141 EN25AP08.142 EN25AP08.143 EN25AP08.144 EN25AP08.145 EN25AP08.146 EN25AP08.147 EN25AP08.148 EN25AP08.149 EN25AP08.150 EN25AP08.151 EN25AP08.152 EN25AP08.153 EN25AP08.154 EN25AP08.155 EN25AP08.156 EN25AP08.157 EN25AP08.158 EN25AP08.159 EN25AP08.160 EN25AP08.161 EN25AP08.162 EN25AP08.163 EN25AP08.164 EN25AP08.165 EN25AP08.166 EN25AP08.167 EN25AP08.168 EN25AP08.169 EN25AP08.170 EN25AP08.171 EN25AP08.172 EN25AP08.173 EN25AP08.174 EN25AP08.175 EN25AP08.176 EN25AP08.177 EN25AP08.178 EN25AP08.179 EN25AP08.180 EN25AP08.181 [FR Doc. E8-8335 Filed 4-24-08; 8:45 am] BILLING CODE 6820-KF-C 73 81 Friday, April 25, 2008 Notices Part III Department of Housing and Urban Development Federal Property Suitable as Facilities To Assist the Homeless; Notice DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5186-N-17] Federal Property Suitable as Facilities To Assist the Homeless AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice. SUMMARY: This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless. FOR FURTHER INFORMATION CONTACT: Kathy Ezzell, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7266, Washington, DC 20410; telephone
(202)708-1234; TTY number for the hearing- and speech-impaired
(202)708-2565 (these telephone numbers are not toll-free), or call the toll-free Title V information line at 800-927-7588. SUPPLEMENTARY INFORMATION: In accordance with 24 CFR part 581 and section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411), as amended, HUD is publishing this Notice to identify Federal buildings and other real property that HUD has reviewed for suitability for use to assist the homeless. The properties were reviewed using information provided to HUD by Federal landholding agencies regarding unutilized and underutilized buildings and real property controlled by such agencies or by GSA regarding its inventory of excess or surplus Federal property. This Notice is also published in order to comply with the December 12, 1988 Court Order in *National Coalition for the Homeless* v. *Veterans Administration,* No. 88-2503-OG (D.D.C.). Properties reviewed are listed in this Notice according to the following categories: Suitable/available, suitable/unavailable, suitable/to be excess, and unsuitable. The properties listed in the three suitable categories have been reviewed by the landholding agencies, and each agency has transmitted to HUD:
(1)Its intention to make the property available for use to assist the homeless,
(2)its intention to declare the property excess to the agency's needs, or
(3)a statement of the reasons that the property cannot be declared excess or made available for use as facilities to assist the homeless. Properties listed as suitable/available will be available exclusively for homeless use for a period of 60 days from the date of this Notice. Where property is described as for “off-site use only” recipients of the property will be required to relocate the building to their own site at their own expense. Homeless assistance providers interested in any such property should send a written expression of interest to HHS, addressed to John Hicks, Division of Property Management, Program Support Center, HHS, room 5B-17, 5600 Fishers Lane, Rockville, MD 20857;
(301)443-2265. (This is not a toll-free number.) HHS will mail to the interested provider an application packet, which will include instructions for completing the application. In order to maximize the opportunity to utilize a suitable property, providers should submit their written expressions of interest as soon as possible. For complete details concerning the processing of applications, the reader is encouraged to refer to the interim rule governing this program, 24 CFR part 581. For properties listed as suitable/to be excess, that property may, if subsequently accepted as excess by GSA, be made available for use by the homeless in accordance with applicable law, subject to screening for other Federal use. At the appropriate time, HUD will publish the property in a Notice showing it as either suitable/available or suitable/unavailable. For properties listed as suitable/unavailable, the landholding agency has decided that the property cannot be declared excess or made available for use to assist the homeless, and the property will not be available. Properties listed as unsuitable will not be made available for any other purpose for 20 days from the date of this Notice. Homeless assistance providers interested in a review by HUD of the determination of unsuitability should call the toll free information line at 1-800-927-7588 for detailed instructions or write a letter to Mark Johnston at the address listed at the beginning of this Notice. Included in the request for review should be the property address (including zip code), the date of publication in the **Federal Register** , the landholding agency, and the property number. For more information regarding particular properties identified in this Notice ( *i.e.* , acreage, floor plan, existing sanitary facilities, exact street address), providers should contact the appropriate landholding agencies at the following addresses: COE: Mr. Walter Hylton, Army Corps of Engineers, Office of Counsel, CECC-R, 441 G Street, NW., Washington, DC 20314-1000; (202)761-7701; *COAST GUARD:* Commandant, United States Coast Guard, Attn: Teresa Sheinberg, 2100 Second St., SW., Rm. 6109, Washington, DC 20593-0001;
(202)267-6142; *ENERGY:* Mr. Mark Price, Department of Energy, Office of Engineering & Construction Management, MA-50, 1000 Independence Ave., SW., Washington, DC 20585;
(202)586-0072; *GSA:* Mr. John Smith, Deputy Assistant Commissioner, General Services Administration, Office of Property Disposal, 18th & F Streets, NW., Washington, DC 20405;
(202)501-0084; *NAVY:* Mrs. Mary Arndt, Acting Director, Department of the Navy, Real Estate Services, Naval Facilities Engineering Command, Washington Navy Yard, 1322 Patterson Ave., SE., Suite 1000, Washington, DC 20374-5065;
(202)685-9305; (These are not toll-free numbers). Dated: April 17, 2008. Mark R. Johnston, Deputy Assistant Secretary for Special Needs. Title V, Federal Surplus Property Program Federal Register Report for 04/25/2008 Suitable/Available Properties Building Colorado Federal Building 1520 E. Willamette St. Colorado Springs Co: El Paso CO 80909 Landholding Agency: GSA Property Number: 54200640004 Status: Excess GSA Number: 7-G-CO-0660 Comments: 50,363 sq. ft., needs major rehab, available in approx. 24 months, legal constraints Kentucky Green River Lock #3 Rochester Co: Butler KY 42273 Landholding Agency: COE Property Number: 31199010022 Status: Unutilized Directions: SR 70 west from Morgantown, KY., approximately 7 miles to site. Comments: 980 sq. ft.; 2 story wood frame; two story residence; potential utilities; needs major rehab. Montana Bldg. 1 Butte Natl Guard Butte Co: Silverbow MT 59701 Landholding Agency: COE Property Number: 31200040010 Status: Unutilized Comments: 22799 sq. ft., presence of asbestos, most recent use—cold storage, off-site use only. Bldg. 2 Butte Natl Guard Butte Co: Silverbow MT 59701 Landholding Agency: COE Property Number: 31200040011 Status: Unutilized Comments: 3292 sq. ft., most recent use—cold storage, off-site use only. Bldg. 3 Butte Natl Guard Butte Co: Silverbow MT 59701 Landholding Agency: COE Property Number: 31200040012 Status: Unutilized Comments: 964 sq. ft., most recent use—cold storage, off-site use only. Bldg. 4 Butte Natl Guard Butte Co: Silverbow MT 59701 Landholding Agency: COE Property Number: 31200040013 Status: Unutilized Comments: 72 sq. ft., most recent use—cold storage, off-site use only. Bldg. 5 Butte Natl Guard Butte Co: Silverbow MT 59701 Landholding Agency: COE Property Number: 31200040014 Status: Unutilized Comments: 1286 sq. ft., most recent use—cold storage, off-site use only. Ohio Barker Historic House Willow Island Locks and Dam Newport Co: Washington OH 45768-9801 Landholding Agency: COE Property Number: 31199120018 Status: Unutilized Directions: Located at lock site, downstream of lock and dam structure Comments: 1600 sq. ft. bldg. with 1/2 acre of land, 2 story brick frame, needs rehab, on Natl Register of Historic Places, no utilities, off-site use only. Structure 21897 Deer Creek Road Mt. Sterling Co: Pickaway OH 43143 Landholding Agency: COE Property Number: 31200540009 Status: Unutilized Comments: 1321 sq. ft., brick, off-site use only. Pennsylvania Mahoning Creek Reservoir New Bethlehem Co: Armstrong PA 16242 Landholding Agency: COE Property Number: 31199210008 Status: Unutilized Comments: 1015 sq. ft., 2 story brick residence, off-site use only. Dwelling Lock 6, Allegheny River, 1260 River Rd. Freeport Co: Armstrong PA 16229-2023 Landholding Agency: COE Property Number: 31199620008 Status: Unutilized Comments: 2652 sq. ft., 3-story brick house, in close proximity to Lock and Dam, available for interim use for nonresidential purposes. Dwelling Lock 4, Allegheny River Natrona Co: Allegheny PA 15065-2609 Landholding Agency: COE Property Number: 31199710009 Status: Unutilized Comments: 1664 sq. ft., 2-story brick residence, needs repair, off-site use only. Dwelling #1 Crooked Creek Lake Ford City Co: Armstrong PA 16226-8815 Landholding Agency: COE Property Number: 31199740002 Status: Excess Comments: 2030 sq. ft., most recent use—residential, good condition, off-site use only. Dwelling #2 Crooked Creek Lake Ford City Co: Armstrong PA 16226-8815 Landholding Agency: COE Property Number: 31199740003 Status: Excess Comments: 3045 sq. ft., most recent use—residential, good condition, off-site use only. Govt Dwelling East Branch Lake Wilcox Co: Elk PA 15870-9709 Landholding Agency: COE Property Number: 31199740005 Status: Underutilized Comments: approx. 5299 sq. ft., 1-story, most recent use—residence, off-site use only. Dwelling #1 Loyalhanna Lake Saltsburg Co: Westmoreland PA 15681-9302 Landholding Agency: COE Property Number: 31199740006 Status: Excess Comments: 1996 sq. ft., most recent use—residential, good condition, off-site use only. Dwelling #2 Loyalhanna Lake Saltsburg Co: Westmoreland PA 15681-9302 Landholding Agency: COE Property Number: 31199740007 Status: Excess Comments: 1996 sq. ft., most recent use—residential, good condition, off-site use only. Dwelling #1 Woodcock Creek Lake Saegertown Co: Crawford PA 16433-0629 Landholding Agency: COE Property Number: 31199740008 Status: Excess Comments: 2106 sq. ft., most recent use—residential, good condition, off-site use only. Dwelling #2 Lock 6, 1260 River Road Freeport Co: Armstrong PA 16229-2023 Landholding Agency: COE Property Number: 31199740009 Status: Excess Comments: 2652 sq. ft., most recent use—residential, good condition, off-site use only. Residence A 2045 Pohopoco Drive Lehighton Co: Carbon PA 18235 Landholding Agency: COE Property Number: 31200410007 Status: Unutilized Comments: 1200 sq. ft., presence of asbestos, off-site use only. Utah ILS Middle Marker Annex NE of Hill AFB Tooele UT 84056 Landholding Agency: GSA Property Number: 54200820004 Status: Excess GSA Number: 7-D-UT-0421-AD Comments: 320 sq. ft. metal bldg., 0.872 acres and 3.5 acres perpetual easements. Land Kentucky Tract 2625 Barkley Lake, Kentucky, and Tennessee Cadiz Co: Trigg KY 42211 Landholding Agency: COE Property Number: 31199010025 Status: Excess Directions: Adjoining the village of Rockcastle. Comments: 2.57 acres; rolling and wooded. Tract 2709-10 and 2710-2 Barkley Lake, Kentucky and Tennessee Cadiz Co: Trigg KY 42211 Landholding Agency: COE Property Number: 31199010026 Status: Excess Directions: 2 1/2 miles in a southerly direction from the village of Rockcastle. Comments: 2.00 acres; steep and wooded. Tract 2708-1 and 2709-1 Barkley Lake, Kentucky and Tennessee Cadiz Co: Trigg KY 42211 Landholding Agency: COE Property Number: 31199010027 Status: Excess Directions: 2 1/2 miles in a southerly direction from the village of Rockcastle. Comments: 3.59 acres; rolling and wooded; no utilities. Tract 2800 Barkley Lake, Kentucky and Tennessee Cadiz Co: Trigg KY 42211 Landholding Agency: COE Property Number: 31199010028 Status: Excess Directions: 4 1/2 miles in a southeasterly direction from the village of Rockcastle. Comments: 5.44 acres; steep and wooded. Tract 2915 Barkley Lake, Kentucky and Tennessee Cadiz Co: Trigg KY 42211 Landholding Agency: COE Property Number: 31199010029 Status: Excess Directions: 6 1/2 miles west of Cadiz. Comments: 5.76 acres; steep and wooded; no utilities. Tract 2702 Barkley Lake, Kentucky and Tennessee Cadiz Co: Trigg KY 42211 Landholding Agency: COE Property Number: 31199010031 Status: Excess Directions: 1 mile in a southerly direction from the village of Rockcastle. Comments: 4.90 acres; wooded; no utilities. Tract 4318 Barkley Lake, Kentucky and Tennessee Canton Co: Trigg KY 42212 Landholding Agency: COE Property Number: 31199010032 Status: Excess Directions: Trigg Co. adjoining the city of Canton, KY. on the waters of Hopson Creek. Comments: 8.24 acres; steep and wooded. Tract 4502 Barkley Lake, Kentucky and Tennessee Canton Co: Trigg KY 42212 Landholding Agency: COE Property Number: 31199010033 Status: Excess Directions: 3 1/2 miles in a southerly direction from Canton, KY. Comments: 4.26 acres; steep and wooded. Tract 4611 Barkley Lake, Kentucky and Tennessee Canton Co: Trigg KY 42212 Landholding Agency: COE Property Number: 31199010034 Status: Excess Directions: 5 miles south of Canton, KY. Comments: 10.51 acres; steep and wooded; no utilities. Tract 4619 Barkley Lake, Kentucky and Tennessee Canton Co: Trigg KY 42212 Landholding Agency: COE Property Number: 31199010035 Status: Excess Directions: 4 1/2 miles south from Canton, KY. Comments: 2.02 acres; steep and wooded; no utilities. Tract 4817 Barkley Lake, Kentucky and Tennessee Canton Co: Trigg KY 42212 Landholding Agency: COE Property Number: 31199010036 Status: Excess Directions: 6 1/2 miles south of Canton, KY. Comments: 1.75 acres; wooded. Tract 1217 Barkley Lake, Kentucky and Tennessee Eddyville Co: Lyon KY 42030 Landholding Agency: COE Property Number: 31199010042 Status: Excess Directions: On the north side of the Illinois Central Railroad. Comments: 5.80 acres; steep and wooded. Tract 1906 Barkley Lake, Kentucky and Tennessee Eddyville Co: Lyon KY 42030 Landholding Agency: COE Property Number: 31199010044 Status: Excess Directions: Approximately 4 miles east of Eddyville, KY. Comments: 25.86 acres; rolling steep and partially wooded; no utilities. Tract 1907 Barkley Lake, Kentucky and Tennessee Eddyville Co: Lyon KY 42038 Landholding Agency: COE Property Number: 31199010045 Status: Excess Directions: On the waters of Pilfen Creek, 4 miles east of Eddyville, KY Comments: 8.71 acres; rolling steep and wooded; no utilities. Tract 2001 #1 Barkley Lake, Kentucky and Tennessee Eddyville Co: Lyon KY 42030 Landholding Agency: COE Property Number: 31199010046 Status: Excess Directions: Approximately 4 1/2 miles east of Eddyville, KY. Comments: 47.42 acres; steep and wooded; no utilities. Tract 2001 #2 Barkley Lake, Kentucky and Tennessee Eddyville Co: Lyon KY 42030 Landholding Agency: COE Property Number: 31199010047 Status: Excess Directions: Approximately 4 1/2 miles east of Eddyville, KY. Comments: 8.64 acres; steep and wooded; no utilities. Tract 2005 Barkley Lake, Kentucky and Tennessee Eddyville Co: Lyon KY 42030 Landholding Agency: COE Property Number: 31199010048 Status: Excess Directions: Approximately 5 1/2 miles east of Eddyville, KY. Comments: 4.62 acres; steep and wooded; no utilities. Tract 2307 Barkley Lake, Kentucky and Tennessee Eddyville Co: Lyon KY 42030 Landholding Agency: COE Property Number: 31199010049 Status: Excess Directions: Approximately 7 1/2 miles southeasterly of Eddyville, KY. Comments: 11.43 acres; steep; rolling and wooded; no utilities. Tract 2403 Barkley Lake, Kentucky and Tennessee Eddyville Co: Lyon KY 42030 Landholding Agency: COE Property Number: 31199010050 Status: Excess Directions: 7 miles southeasterly of Eddyville, KY. Comments: 1.56 acres; steep and wooded; no utilities. Tract 2504 Barkley Lake, Kentucky and Tennessee Eddyville Co: Lyon KY 42030 Landholding Agency: COE Property Number: 31199010051 Status: Excess Directions: 9 miles southeasterly of Eddyville, KY. Comments: 24.46 acres; steep and wooded; no utilities. Tract 214 Barkley Lake, Kentucky and Tennessee Grand Rivers Co: Lyon KY 42045 Landholding Agency: COE Property Number: 31199010052 Status: Excess Directions: South of the Illinois Central Railroad, 1 mile east of the Cumberland River. Comments: 5.5 acres; wooded; no utilities. Tract 215 Barkley Lake, Kentucky and Tennessee Grand Rivers Co: Lyon KY 42045 Landholding Agency: COE Property Number: 31199010053 Status: Excess Directions: 5 miles southwest of Kuttawa Comments: 1.40 acres; wooded; no utilities. Tract 241 Barkley Lake, Kentucky and Tennessee Grand Rivers Co: Lyon KY 42045 Landholding Agency: COE Property Number: 31199010054 Status: Excess Directions: Old Henson Ferry Road, 6 miles west of Kuttawa, KY. Comments: 1.26 acres; steep and wooded; no utilities. Tracts 306, 311, 315 and 325 Barkley Lake, Kentucky and Tennessee Grand Rivers Co: Lyon KY 42045 Landholding Agency: COE Property Number: 31199010055 Status: Excess Directions: 2.5 miles southwest of Kuttawa, KY. on the waters of Cypress Creek. Comments: 38.77 acres; steep and wooded; no utilities. Tracts 2305, 2306, and 2400-1 Barkley Lake, Kentucky and Tennessee Eddyville Co: Lyon KY 42030 Landholding Agency: COE Property Number: 31199010056 Status: Excess Directions: 6 1/2 miles southeasterly of Eddyville, KY. Comments: 97.66 acres; steep rolling and wooded; no utilities. Tracts 5203 and 5204 Barkley Lake, Kentucky and Tennessee Linton Co: Trigg KY 42212 Landholding Agency: COE Property Number: 31199010058 Status: Excess Directions: Village of Linton, KY state highway 1254. Comments: 0.93 acres; rolling, partially wooded; no utilities. Tract 5240 Barkley Lake, Kentucky and Tennessee Linton Co: Trigg KY 42212 Landholding Agency: COE Property Number: 31199010059 Status: Excess Directions: 1 mile northwest of Linton, KY. Comments: 2.26 acres; steep and wooded; no utilities. Tract 4628 Barkley Lake, Kentucky and Tennessee Canton Co: Trigg KY 42212 Landholding Agency: COE Property Number: 31199011621 Status: Excess Directions: 4 1/2 miles south from Canton, KY. Comments: 3.71 acres; steep and wooded; subject to utility easements. Tract 4619-B Barkley Lake, Kentucky and Tennessee Canton Co: Trigg KY 42212 Landholding Agency: COE Property Number: 31199011622 Status: Excess Directions: 4 1/2 miles south from Canton, KY. Comments: 1.73 acres; steep and wooded; subject to utility easements. Tract 2403-B Barkley Lake, Kentucky and Tennessee Eddyville Co: Lyon KY 42038 Landholding Agency: COE Property Number: 31199011623 Status: Unutilized Directions: 7 miles southeasterly from Eddyville, KY. Comments: 0.70 acres, wooded; subject to utility easements. Tract 241-B Barkley Lake, Kentucky and Tennessee Grand Rivers Co: Lyon KY 42045 Landholding Agency: COE Property Number: 31199011624 Status: Excess Directions: South of Old Henson Ferry Road, 6 miles west of Kuttawa, KY. Comments: 11.16 acres; steep and wooded; subject to utility easements. Tracts 212 and 237 Barkley Lake, Kentucky and Tennessee Grand Rivers Co: Lyon KY 42045 Landholding Agency: COE Property Number: 31199011625 Status: Excess Directions: Old Henson Ferry Road, 6 miles west of Kuttawa, KY. Comments: 2.44 acres; steep and wooded; subject to utility easements. Tract 215-B Barkley Lake, Kentucky and Tennessee Grand Rivers Co: Lyon KY 42045 Landholding Agency: COE Property Number: 31199011626 Status: Excess Directions: 5 miles southwest of Kuttawa Comments: 1.00 acres; wooded; subject to utility easements. Tract 233 Barkley Lake, Kentucky and Tennessee Grand Rivers Co: Lyon KY 42045 Landholding Agency: COE Property Number: 31199011627 Status: Excess Directions: 5 miles southwest of Kuttawa Comments: 1.00 acres; wooded; subject to utility easements. Tract N-819 Dale Hollow Lake Project Illwill Creek, Hwy 90 Hobart Co: Clinton KY 42601 Landholding Agency: COE Property Number: 31199140009 Status: Underutilized Comments: 91 acres, most recent use—hunting, subject to existing easements. Oklahoma Pine Creek Lake Section 27 (See County) Co: McCurtain OK Landholding Agency: COE Property Number: 31199010923 Status: Unutilized Comments: 3 acres; no utilities; subject to right of way for Oklahoma State Highway 3. Pennsylvania Mahoning Creek Lake New Bethlehem Co: Armstrong PA 16242-9603 Landholding Agency: COE Property Number: 31199010018 Status: Excess Directions: Route 28 north to Belknap, Road #4 Comments: 2.58 acres; steep and densely wooded. Tracts 610, 611, 612 Shenango River Lake Sharpsville Co: Mercer PA 16150 Landholding Agency: COE Property Number: 31199011001 Status: Excess Directions: I-79 North, I-80 West, Exit Sharon. R18 North 4 miles, left on R518, right on Mercer Avenue. Comments: 24.09 acres; subject to flowage easement. Tracts L24, L26 Crooked Creek Lake null Co: Armstrong PA 03051 Landholding Agency: COE Property Number: 31199011011 Status: Unutilized Directions: Left bank—55 miles downstream of dam. Comments: 7.59 acres; potential for utilities. Portion of Tract L-21A Crooked Creek Lake, LR 03051 Ford City Co: Armstrong PA 16226 Landholding Agency: COE Property Number: 31199430012 Status: Unutilized Comments: Approximately 1.72 acres of undeveloped land, subject to gas rights. Tennessee Tract 6827 Barkley Lake Dover Co: Stewart TN 37058 Landholding Agency: COE Property Number: 31199010927 Status: Excess Directions: 2 1/2 miles west of Dover, TN. Comments: .57 acres; subject to existing easements. Tracts 6002-2 and 6010 Barkley Lake Dover Co: Stewart TN 37058 Landholding Agency: COE Property Number: 31199010928 Status: Excess Directions: 3 1/2 miles south of village of Tabaccoport. Comments: 100.86 acres; subject to existing easements. Tract 11516 Barkley Lake Ashland City Co: Dickson TN 37015 Landholding Agency: COE Property Number: 31199010929 Status: Excess Directions: 1/2 mile downstream from Cheatham Dam Comments: 26.25 acres; subject to existing easements. Tract 2319 J. Percy Priest Dam and Resorvoir Murfreesboro Co: Rutherford TN 37130 Landholding Agency: COE Property Number: 31199010930 Status: Excess Directions: West of Buckeye Bottom Road Comments: 14.48 acres; subject to existing easements. Tract 2227 J. Percy Priest Dam and Resorvoir Murfreesboro Co: Rutherford TN 37130 Landholding Agency: COE Property Number: 31199010931 Status: Excess Directions: Old Jefferson Pike Comments: 2.27 acres; subject to existing easements. Tract 2107 J. Percy Priest Dam and Reservoir Murfreesboro Co: Rutherford TN 37130 Landholding Agency: COE Property Number: 31199010932 Status: Excess Directions: Across Fall Creek near Fall Creek camping area. Comments: 14.85 acres; subject to existing easements. Tracts 2601, 2602, 2603, 2604 Cordell Hull Lake and Dam Project Doe Row Creek Gainesboro Co: Jackson TN 38562 Landholding Agency: COE Property Number: 31199010933 Status: Unutilized Directions: TN Highway 56 Comments: 11 acres; subject to existing easements. Tract 1911 J. Percy Priest Dam and Reservoir Murfreesboro Co: Rutherford TN 37130 Landholding Agency: COE Property Number: 31199010934 Status: Excess Directions: East of Lamar Road Comments: 6.92 acres; subject to existing easements. Tract 7206 Barkley Lake Dover Co: Stewart TN 37058 Landholding Agency: COE Property Number: 31199010936 Status: Excess Directions: 2 1/2 miles SE of Dover, TN. Comments: 10.15 acres; subject to existing easements. Tracts 8813, 8814 Barkley Lake Cumberland Co: Stewart TN 37050 Landholding Agency: COE Property Number: 31199010937 Status: Excess Directions: 1 1/2 miles East of Cumberland City. Comments: 96 acres; subject to existing easements. Tract 8911 Barkley Lake Cumberland City Co: Montgomery TN 37050 Landholding Agency: COE Property Number: 31199010938 Status: Excess Directions: 4 miles east of Cumberland City. Comments: 7.7 acres; subject to existing easements. Tract 11503 Barkley Lake Ashland City Co: Cheatham TN 37015 Landholding Agency: COE Property Number: 31199010939 Status: Excess Directions: 2 miles downstream from Cheatham Dam. Comments: 1.1 acres; subject to existing easements. Tracts 11523, 11524 Barkley Lake Ashland City Co: Cheatham TN 37015 Landholding Agency: COE Property Number: 31199010940 Status: Excess Directions: 2 1/2 miles downstream from Cheatham Dam. Comments: 19.5 acres; subject to existing easements. Tract 6410 Barkley Lake Bumpus Mills Co: Stewart TN 37028 Landholding Agency: COE Property Number: 31199010941 Status: Excess Directions: 4 1/2 miles SW. of Bumpus Mills. Comments: 17 acres; subject to existing easements. Tract 9707 Barkley Lake Palmyer Co: Montgomery TN 37142 Landholding Agency: COE Property Number: 31199010943 Status: Excess Directions: 3 miles NE of Palmyer, TN. Highway 149 Comments: 6.6 acres; subject to existing easements. Tract 6949 Barkley Lake Dover Co: Stewart TN 37058 Landholding Agency: COE Property Number: 31199010944 Status: Excess Directions: 1 1/2 miles SE of Dover, TN. Comments: 29.67 acres; subject to existing easements. Tracts 6005 and 6017 Barkley Lake Dover Co: Stewart TN 37058 Landholding Agency: COE Property Number: 31199011173 Status: Excess Directions: 3 miles south of Village of Tobaccoport. Comments: 5 acres; subject to existing easements. Tracts K-1191, K-1135 Old Hickory Lock and Dam Hartsville Co: Trousdale TN 37074 Landholding Agency: COE Property Number: 31199130007 Status: Underutilized Comments: 54 acres, (portion in floodway), most recent use—recreation. Tract A-102 Dale Hollow Lake Project Canoe Ridge, State Hwy 52 Celina Co: Clay TN 38551 Landholding Agency: COE Property Number: 31199140006 Status: Underutilized Comments: 351 acres, most recent use—hunting, subject to existing easements. Tract A-120 Dale Hollow Lake Project Swan Ridge, State Hwy No. 53 Celina Co: Clay TN 38551 Landholding Agency: COE Property Number: 31199140007 Status: Underutilized Comments: 883 acres, most recent use—hunting, subject to existing easements. Tract D-185 Dale Hollow Lake Project Ashburn Creek, Hwy No. 53 Livingston Co: Clay TN 38570 Landholding Agency: COE Property Number: 31199140010 Status: Underutilized Comments: 97 acres, most recent use—hunting, subject to existing easements. Building Illinois Bldg. 7 Ohio River Locks No. 53 Grand Chain Co: Pulaski IL 62941-9801 Landholding Agency: COE Property Number: 31199010001 Status: Unutilized Directions: Ohio River Locks and Dam No. 53 at Grand Chain Comments: 900 sq. ft.; 1 floor wood frame; most recent use—residence. Bldg. 6 Ohio River Locks No. 53 Grand Chain Co: Pulaski IL 62941-9801 Landholding Agency: COE Property Number: 31199010002 Status: Unutilized Directions: Ohio River Locks and Dam No. 53 at Grand Chain Comments: 900 sq. ft.; one floor wood frame; most recent use—residence. Bldg. 5 Ohio River Locks No. 53 Grand Chain Co: Pulaski IL 62941-9801 Landholding Agency: COE Property Number: 31199010003 Status: Unutilized Directions: Ohio River Locks and Dam No. 53 at Grand Chain Comments: 900 sq. ft.; one floor wood frame; most recent use—residence. Bldg. 4 Ohio River Locks No. 53 Grand Chain Co: Pulaski IL 62941-9801 Landholding Agency: COE Property Number: 31199010004 Status: Unutilized Directions: Ohio River Locks and Dam No. 53 at Grand Chain Comments: 900 sq. ft.; one floor wood frame; most recent use—residence. Bldg. 3 Ohio River Locks No. 53 Grand Chain Co: Pulaski IL 62941-9801 Landholding Agency: COE Property Number: 31199010005 Status: Unutilized Directions: Ohio River Locks and Dam No. 53 at Grand Chain Comments: 900 sq. ft.; one floor wood frame. Bldg. 2 Ohio River Locks No. 53 Grand Chain Co: Pulaski IL 62941-9801 Landholding Agency: COE Property Number: 31199010006 Status: Unutilized Directions: Ohio River Locks and Dam No. 53 at Grand Chain Comments: 900 sq. ft.; one floor wood frame; most recent use—residence. Bldg. 1 Ohio River Locks No. 53 Grand Chain Co: Pulaski IL 62941-9801 Landholding Agency: COE Property Number: 31199010007 Status: Unutilized Directions: Ohio River Locks and Dam No. 53 at Grand Chain Comments: 900 sq. ft.; one floor wood frame; most recent use—residence. Ohio Bldg.—Berlin Lake 7400 Bedell Road 7400 Bedell Road Berlin Center Co: Mahoning OH 44401-9797 Landholding Agency: COE Property Number: 31199640001 Status: Unutilized Comments: 1420 sq. ft., 2-story brick w/garage and basement, most recent use—residential, secured w/alternate access. Pennsylvania Tract 403A Grays Landing Lock Project Greensboro Co: Greene PA 15338 Landholding Agency: COE Property Number: 31199430021 Status: Unutilized Comments: 620 sq. ft., 2-story, needs repair, most recent use—residential, if used for habitation must be flood proofed or removed off-site. Tract 403B Grays Landing Lock Project Greensboro Co: Greene PA 15338 Landholding Agency: COE Property Number: 31199430022 Status: Unutilized Comments: 1600 sq. ft., 2-story, brick structure, needs repair, most recent use—residential, if used for habitation must be flood proofed or removed off-site. Tract 403C Grays Landing Lock Project Greensboro Co: Greene PA 15338 Landholding Agency: COE Property Number: 31199430023 Status: Unutilized Comments: 672 sq. ft., 2-story carriage house/stable barn type structure, needs repair, most recent use—storage/garage, if used for habitation must be flood proofed or removed. Land Illinois Lake Shelbyville Shelbyville Co: Shelby IL 62565-9804 Landholding Agency: COE Property Number: 31199240004 Status: Unutilized Comments: 5 parcels of land equalling 0.70 acres, improved w/4 small equipment storage bldgs. and a small access road, easement restrictions. Pennsylvania East Branch Clarion River Lake Wilcox Co: Elk PA Landholding Agency: COE Property Number: 31199011012 Status: Underutilized Directions: Free camping area on the right bank off entrance roadway. Comments: 1 acre; most recent use—free campground. Dashields Locks and Dam (Glenwillard, PA) Crescent Twp. Co: Allegheny PA 15046-0475 Landholding Agency: COE Property Number: 31199210009 Status: Unutilized Comments: 0.58 acres, most recent use—baseball field. Suitable/To Be Excessed Land Georgia Lake Sidney Lanier null Co: Forsyth GA 30130 Landholding Agency: COE Property Number: 31199440010 Status: Unutilized Directions: Located on Two Mile Creek adj. to State Route 369 Comments: 0.25 acres, endangered plant species. Lake Sidney Lanier—3 parcels Gainesville Co: Hall GA 30503 Landholding Agency: COE Property Number: 31199440011 Status: Unutilized Directions: Between Gainesville H.S. and State Route 53 By-Pass Comments: 3 parcels totalling 5.17 acres, most recent use—buffer zone, endangered plant species. Massachusetts Buffumville Dam Flood Control Project Gale Road Carlton Co: Worcester MA 01540-0155 Landholding Agency: COE Property Number: 31199010016 Status: Excess Directions: Portion of tracts B-200, B-248, B-251, B-204, B-247, B-200 and B-256 Comments: 1.45 acres. Tennessee Tract D-456 Cheatham Lock and Dam Ashland Co: Cheatham TN 37015 Landholding Agency: COE Property Number: 31199010942 Status: Excess Directions: Right downstream bank of Sycamore Creek Comments: 8.93 acres; subject to existing easements. Texas Corpus Christi Ship Channel Corpus Christi Co: Neuces TX Landholding Agency: COE Property Number: 31199240001 Status: Unutilized Directions: East side of Carbon Plant Road, approx. 14 miles NW of downtown Corpus Christi Comments: 4.4 acres, most recent use—farm land. Unsuitable Properties Building Alabama Comfort Station Clailborne Lake Camden AL 36726 Landholding Agency: COE Property Number: 31200540001 Status: Unutilized Reasons: Extensive deterioration Pumphouse Dannelly Reservoir Camden AL 36726 Landholding Agency: COE Property Number: 31200540002 Status: Unutilized Reasons: Extensive deterioration Alaska Bldg. B02 USCG DGPS Annette Island AK 99926 Landholding Agency: Coast Guard Property Number: 88200820001 Status: Excess Reasons: Secured Area Bldg. B02 USCG DGPS Gustavus AK 99826 Landholding Agency: Coast Guard Property Number: 88200820002 Status: Excess Reasons: Secured Area Arkansas Dwelling Bull Shoals Lake/Dry Run Road Oakland Co: Marion AR 72661 Landholding Agency: COE Property Number: 31199820001 Status: Unutilized Reasons: Extensive deterioration Helena Casting Plant Helena Co: Phillips AR 72342 Landholding Agency: COE Property Number: 31200220001 Status: Unutilized Reasons: Extensive deterioration BSHOAL-43560 Mountain Home Project Mountain Home AR 72653 Landholding Agency: COE Property Number: 31200630001 Status: Unutilized Reasons: Extensive deterioration BSHOAL-43561 Mountain Home Project Mountain Home AR 72653 Landholding Agency: COE Property Number: 31200630002 Status: Unutilized Reasons: Extensive deterioration Arkansas BSHOAL-43652 Mountain Home Project Mountain Home AR 72653 Landholding Agency: COE Property Number: 31200630003 Status: Unutilized Reasons: Extensive deterioration NRFORK-48769 Mountain Home Project Mountain Home AR 72653 Landholding Agency: COE Property Number: 31200630004 Status: Unutilized Reasons: Extensive deterioration Bldgs. 43336, 44910, 44949 Nimrod-Blue Mountain Project Plainview AR 72858 Landholding Agency: COE Property Number: 31200630005 Status: Unutilized Reasons: Extensive deterioration Bldgs. 44913, 44925 Nimrod-Blue Mountain Project Plainview AR 72857 Landholding Agency: COE Property Number: 31200630006 Status: Unutilized Reasons: Extensive deterioration California Soil Testing Lab Sausalito CA 00000 Landholding Agency: COE Property Number: 31199920002 Status: Excess Reasons: Other—contamination Bldg. 71G Lawrence Berkeley Natl Lab Berkeley CA 94720 Landholding Agency: Energy Property Number: 41200820001 Status: Excess Reasons: Extensive deterioration, Secured Area Bldgs. 25261, 41342, 41344 Marine Corps Base Camp Pendleton CA 92055 Landholding Agency: Navy Property Number: 77200810026 Status: Excess Reasons: Extensive deterioration, Secured Area California Bldg. 105 Naval Base Point Loma Co: San Diego CA Landholding Agency: Navy Property Number: 77200820005 Status: Unutilized Reasons: Secured Area, Extensive deterioration Connecticut Hezekiah S. Ramsdell Farm West Thompson Lake North Grosvenordale Co: Windham CT 06255-9801 Landholding Agency: COE Property Number: 31199740001 Status: Unutilized Reasons: Floodway, Extensive deterioration Florida Bldg. SF-17 Sub-Office Operations Clewiston Co: Hendry FL 33440 Landholding Agency: COE Property Number: 31200430005 Status: Unutilized Reasons: Extensive deterioration, Secured Area Bldg. SF-33 Franklin Lock Alva Co: Lee FL 33920 Landholding Agency: COE Property Number: 31200620008 Status: Unutilized Reasons: Extensive deterioration Bldg. 25
(f)Richmond Naval Air Station 15810 SW 129th Ave. Miami Co: Dade FL 33177 Landholding Agency: COE Property Number: 31200620031 Status: Excess Reasons: Extensive deterioration Bldg. SF-14 S. Florida Operations Ofc. Reservation Clewiston Co: Hendry FL 33440 Landholding Agency: COE Property Number: 31200710001 Status: Unutilized Reasons: Secured Area Army Rsv Aviation Support Facility 49 8601 Avenue B Orlando, FL 32827 Landholding Agency: GSA Property Number: 54200820002 Status: Excess GSA Number: 4-D-FL-705-6EO Reasons: Within airport runway clear zone Bldgs. 2, 5, 24, 26 Naval Air Station Jacksonville Co: Duval FL Landholding Agency: Navy Property Number: 77200820006 Status: Unutilized Reasons: Secured Area, Extensive deterioration Bldgs. 104A, 136, 159 Naval Air Station Jacksonville Co: Duval FL 32212 Landholding Agency: Navy Property Number: 77200820007 Status: Unutilized Reasons: Extensive deterioration, Secured Area 6 Bldgs. Naval Air Station Jacksonville Co: Duval FL 32212 Landholding Agency: Navy Property Number: 77200820008 Status: Unutilized Directions: 323, 324, 338, 339, 347, 348 Reasons: Secured Area, Extensive deterioration 5 Bldgs. Naval Air Station Jacksonville Co: Duval FL 32212 Landholding Agency: Navy Property Number: 77200820009 Status: Unutilized Directions: 607, 612, 614B, 674, 675 Reasons: Extensive deterioration, Secured Area Bldgs. 820, 890 Naval Air Station Jacksonville Co: Duval FL 32212 Landholding Agency: Navy Property Number: 77200820010 Status: Unutilized Reasons: Secured Area, Extensive deterioration Bldgs. 1756, 1937 Naval Air Station Jacksonville Co: Duval FL 32212 Landholding Agency: Navy Property Number: 77200820011 Status: Unutilized Reasons: Extensive deterioration, Secured Area Georgia Bldg. #WRSH18 West Point Lake West Point GA 31833 Landholding Agency: COE Property Number: 31200430006 Status: Unutilized Reasons: Secured Area Bldg. W03 West Point Lake West Point GA 31833 Landholding Agency: COE Property Number: 31200430007 Status: Unutilized Reasons: Within 2000 ft. of flammable or explosive material, Secured Area, Extensive deterioration Gatehouse #W03 West Point Lake West Point GA 31833-9517 Landholding Agency: COE Property Number: 31200510001 Status: Unutilized Reasons: Extensive deterioration WRSH14, WRSH15, WRSH18 West Point Lake West Point GA 31833-9517 Landholding Agency: COE Property Number: 31200510002 Status: Unutilized Reasons: Extensive deterioration Pumphouse Carters Lake Oakman GA 30732 Landholding Agency: COE Property Number: 31200520002 Status: Unutilized Reasons: Extensive deterioration Vault Toilet Lake Sidney Lanier Buford GA 30518 Landholding Agency: COE Property Number: 31200540003 Status: Unutilized Reasons: Extensive deterioration Bldg. RBR-19689 Di-Lane Plantation Elberton GA 30635 Landholding Agency: COE Property Number: 31200620001 Status: Unutilized Reasons: Extensive deterioration Bldg. RBR-19690 Di-Lane Plantation Elberton GA 30635 Landholding Agency: COE Property Number: 31200620002 Status: Unutilized Reasons: Extensive deterioration Bldg. RBR-19696 Di-Lane Plantation Elberton GA 30635 Landholding Agency: COE Property Number: 31200620003 Status: Unutilized Reasons: Extensive deterioration Bldg. RBR-19697 Di-Lane Plantation Elberton GA 30635 Landholding Agency: COE Property Number: 31200620004 Status: Unutilized Reasons: Extensive deterioration Bldg. RBR-19705 Di-Lane Plantation Elberton GA 30635 Landholding Agency: COE Property Number: 31200620005 Status: Unutilized Reasons: Extensive deterioration Bldg. RBR-19706 Di-Lane Plantation Elberton GA 30635 Landholding Agency: COE Property Number: 31200620006 Status: Unutilized Reasons: Extensive deterioration Bldg. RBR-19721 Di-Lane Plantation Elberton GA 30635 Landholding Agency: COE Property Number: 31200620007 Status: Unutilized Reasons: Extensive deterioration Bldg. WC-19 Walter F. George Lake Fort Gaines GA 39851 Landholding Agency: COE Property Number: 31200630007 Status: Unutilized Reasons: Extensive deterioration Radio Room Walter F. George Lake Ft. Gaines GA 39851 Landholding Agency: COE Property Number: 31200640004 Status: Unutilized Reasons: Extensive deterioration Bldg. JST-16711 Hesters Ferry Campground Lincoln GA Landholding Agency: COE Property Number: 31200710002 Status: Unutilized Reasons: Extensive deterioration Idaho Bldg. AFD0070 Albeni Falls Dam Oldtown Co: Bonner ID 83822 Landholding Agency: COE Property Number: 31199910001 Status: Unutilized Reasons: Extensive deterioration Illinois Bldg. CB562-7141 Wilborn Creek Shelbyville IL 62565 Landholding Agency: COE Property Number: 31200620009 Status: Excess Reasons: Extensive deterioration Bldg. CB562-7153 Wilborn Creek Shelbyville IL 62565 Landholding Agency: COE Property Number: 31200620010 Status: Excess Reasons: Extensive deterioration Bldg. CB562-7162 Bo Wood Shelbyville IL 62565 Landholding Agency: COE Property Number: 31200620011 Status: Excess Reasons: Extensive deterioration Bldg. CB562-7163 Bo Wood Shelbyville IL 62565 Landholding Agency: COE Property Number: 31200620012 Status: Excess Reasons: Extensive deterioration Bldg. CB562-7164 Bo Wood Shelbyville IL 62565 Landholding Agency: COE Property Number: 31200620013 Status: Excess Reasons: Extensive deterioration Bldg. CB562-7165 Bo Wood Shelbyville IL 62565 Landholding Agency: COE Property Number: 31200620014 Status: Excess Reasons: Extensive deterioration Bldg. CB562-7196 Whitley Creek Shelbyville IL 62565 Landholding Agency: COE Property Number: 31200620015 Status: Excess Reasons: Extensive deterioration Bldg. CB562-7197 Whitley Creek Shelbyville IL 62565 Landholding Agency: COE Property Number: 31200620016 Status: Excess Reasons: Extensive deterioration Bldg. CB562-7199 Whitley Creek Shelbyville IL 62565 Landholding Agency: COE Property Number: 31200620017 Status: Excess Reasons: Extensive deterioration Bldg. CB562-7200 Whitley Creek Shelbyville IL 62565 Landholding Agency: COE Property Number: 31200620018 Status: Excess Reasons: Extensive deterioration Bldg. CB562-9042 Whitley Creek Shelbyville IL 62565 Landholding Agency: COE Property Number: 31200620019 Status: Excess Reasons: Extensive deterioration Bldg. CB639-7876 Rend Lake Benton IL 62812 Landholding Agency: COE Property Number: 31200620020 Status: Excess Reasons: Extensive deterioration Fee Booth Bo Wood Recreation Area Shelbyville IL 62565 Landholding Agency: COE Property Number: 31200630008 Status: Unutilized Reasons: Extensive deterioration Comfort Station Rend Lake Benton IL 62812 Landholding Agency: COE Property Number: 31200710004 Status: Excess Reasons: Extensive deterioration Comfort Station Rend Lake Project Benton IL 62812 Landholding Agency: COE Property Number: 31200740001 Status: Excess Reasons: Extensive deterioration Iowa Treatment Plant South Fork Park Mystic Co: Appanoose IA 52574 Landholding Agency: COE Property Number: 31200220002 Status: Excess Reasons: Extensive deterioration Storage Bldg. Rathbun Project Moravia Co: Appanoose IA 52571 Landholding Agency: COE Property Number: 31200330001 Status: Excess Reasons: Extensive deterioration Bldg. Island View Park Rathbun Project Centerville Co: Appanoose IA 52544 Landholding Agency: COE Property Number: 31200330002 Status: Excess Reasons: Extensive deterioration Tract 137 Camp Dodge Johnston Co: Polk IA 50131-1902 Landholding Agency: COE Property Number: 31200410001 Status: Excess Reasons: Extensive deterioration Rathbun 29369, 29368 Island View Park Centerville Co: Appanoose IA 52544 Landholding Agency: COE Property Number: 31200510003 Status: Excess Reasons: Extensive deterioration RTHBUN-79326 Buck Creek Park Centerville Co: Appanoose IA 52544 Landholding Agency: COE Property Number: 31200520004 Status: Excess Reasons: Extensive deterioration Bldg. Buck Creek Park Centerville Co: Appanoose IA 52544 Landholding Agency: COE Property Number: 31200610001 Status: Excess Reasons: Extensive deterioration Kansas No. 01017 Kanopolis Project Marquette Co: Ellsworth KS 67456 Landholding Agency: COE Property Number: 31200210001 Status: Unutilized Reasons: Extensive deterioration No. 01020 Kanopolis Project Marquette Co: Ellsworth KS 67456 Landholding Agency: COE Property Number: 31200210002 Status: Unutilized Reasons: Extensive deterioration No. 61001 Kanopolis Project Marquette Co: Ellsworth KS 67456 Landholding Agency: COE Property Number: 31200210003 Status: Unutilized Reasons: Extensive deterioration Bldg. #1 Kanopolis Project Marquette Co: Ellsworth KS 67456 Landholding Agency: COE Property Number: 31200220003 Status: Excess Reasons: Extensive deterioration Bldg. #2 Kanopolis Project Marquette Co: Ellsworth KS 67456 Landholding Agency: COE Property Number: 31200220004 Status: Excess Reasons: Extensive deterioration Bldg. #4 Kanopolis Project Marquette Co: Ellsworth KS 67456 Landholding Agency: COE Property Number: 31200220005 Status: Excess Reasons: Extensive deterioration Comfort Station Clinton Lake Project Lawrence Co: Douglas KS 66049 Landholding Agency: COE Property Number: 31200220006 Status: Excess Reasons: Extensive deterioration Privie Perry Lake Perry Co: Jefferson KS 66074 Landholding Agency: COE Property Number: 31200310004 Status: Unutilized Reasons: Extensive deterioration Shower Perry Lake Perry Co: Jefferson KS 66073 Landholding Agency: COE Property Number: 31200310005 Status: Unutilized Reasons: Extensive deterioration Tool Shed Perry Lake Perry Co: Jefferson KS 66073 Landholding Agency: COE Property Number: 31200310006 Status: Unutilized Reasons: Extensive deterioration Bldg. M37 Minooka Park Sylvan Grove Co: Russell KS 67481 Landholding Agency: COE Property Number: 31200320002 Status: Excess Reasons: Extensive deterioration Bldg. M38 Minooka Park Sylvan Grove Co: Russell KS 67481 Landholding Agency: COE Property Number: 31200320003 Status: Excess Reasons: Extensive deterioration Bldg. L19 Lucas Park Sylvan Grove Co: Russell KS 67481 Landholding Agency: COE Property Number: 31200320004 Status: Unutilized Reasons: Extensive deterioration 2 Bldgs. Tuttle Creek Lake Near Shelters #3 & #4 Riley KS 66502 Landholding Agency: COE Property Number: 31200330003 Status: Excess Reasons: Extensive deterioration 6 Bldgs. Cottonwood Point/Hillsboro Cove Marion Co: Coffey KS 66861 Landholding Agency: COE Property Number: 31200340001 Status: Excess Reasons: Extensive deterioration 20 Bldgs. Riverside Burlington Co: Coffey KS 66839-8911 Landholding Agency: COE Property Number: 31200340002 Status: Excess Reasons: Extensive deterioration 2 Bldgs. Canning Creek/Richey Cove Council Grove Co: Morris KS 66846-9322 Landholding Agency: COE Property Number: 31200340003 Status: Excess Reasons: Extensive deterioration 6 Bldgs. Santa Fe Trail/Outlet Channel Council Grove Co: Morris KS 66846 Landholding Agency: COE Property Number: 31200340004 Status: Excess Reasons: Extensive deterioration Residence Melvern Lake Project Melvern Co: Osage KS 66510 Landholding Agency: COE Property Number: 31200340005 Status: Excess Reasons: Extensive deterioration 2 Bldgs. Management Park Vassar KS 66543 Landholding Agency: COE Property Number: 31200340006 Status: Excess Reasons: Extensive deterioration Bldg. Hickory Campground Lawrence KS 66049 Landholding Agency: COE Property Number: 31200340007 Status: Excess Reasons: Extensive deterioration Bldg. Rockhaven Park Area Lawrence KS 66049 Landholding Agency: COE Property Number: 31200340008 Status: Excess Reasons: Extensive deterioration Bldg. Overlook Park Area Lawrence KS 66049 Landholding Agency: COE Property Number: 31200340009 Status: Excess Reasons: Extensive deterioration Bldg. Walnut Campground Lawrence KS 66049 Landholding Agency: COE Property Number: 31200340010 Status: Excess Reasons: Extensive deterioration Bldg. Cedar Ridge Campground Lawrence KS 66049 Landholding Agency: COE Property Number: 31200340011 Status: Excess Reasons: Extensive deterioration Bldg. Woodridge Park Area Lawrence KS 66049 Landholding Agency: COE Property Number: 31200340012 Status: Excess Reasons: Extensive deterioration 8 Bldgs. Tuttle Cove Park Manhattan Co: Riley KS 66502 Landholding Agency: COE Property Number: 31200410002 Status: Unutilized Reasons: Extensive deterioration 2 Bldgs. Old Garrison Campground Pottawatomie KS Landholding Agency: COE Property Number: 31200410003 Status: Unutilized Reasons: Extensive deterioration 2 Bldgs. School Creek ORV Area Junction City KS 66441 Landholding Agency: COE Property Number: 31200410004 Status: Excess Reasons: Extensive deterioration Bldg. Slough Creek Park Perry Co: Jefferson KS 66073 Landholding Agency: COE Property Number: 31200410005 Status: Excess Reasons: Extensive deterioration Bldg. Spillway Boat Ramp Sylvan Grove KS 67481 Landholding Agency: COE Property Number: 31200430008 Status: Excess Reasons: Extensive deterioration Bldg. Minooka Park Area Sylvan Grove KS 67481 Landholding Agency: COE Property Number: 31200430009 Status: Excess Reasons: Extensive deterioration Bldg. Lucas Park Area Sylvan Grove KS 67481 Landholding Agency: COE Property Number: 31200430010 Status: Excess Reasons: Extensive deterioration Bldg. Sylvan Park Area Sylvan Grove KS 67481 Landholding Agency: COE Property Number: 31200430011 Status: Excess Reasons: Extensive deterioration Bldg. North Outlet Area Junction City KS 66441 Landholding Agency: COE Property Number: 31200430012 Status: Excess Reasons: Extensive deterioration 3 Vault Toilets West Rolling Hills Milford Lake Junction City KS 66441 Landholding Agency: COE Property Number: 31200440003 Status: Excess Reasons: Extensive deterioration Vault Toilet East Rolling Hills Milford Lake Junction City KS 66441 Landholding Agency: COE Property Number: 31200440004 Status: Excess Reasons: Extensive deterioration Bldgs. 25002, 35012 Lucas Park Sylvan Grove KS 67481 Landholding Agency: COE Property Number: 31200510004 Status: Excess Reasons: Extensive deterioration Bldgs. 25006, 25038 Lucas Group Camp Sylvan Grove KS 67481 Landholding Agency: COE Property Number: 31200510005 Status: Excess Reasons: Extensive deterioration Bldgs. L37, L38 Lucas Park Sylvan Grove KS 67481 Landholding Agency: COE Property Number: 31200520005 Status: Excess Reasons: Extensive deterioration 2 Bldgs. Mann's Cove PUA Fall River Co: Greenwood KS 67047 Landholding Agency: COE Property Number: 31200530002 Status: Excess Reasons: Extensive deterioration 16 Bldgs. Cottonwood Point Marion KS Landholding Agency: COE Property Number: 31200530003 Status: Excess Reasons: Extensive deterioration 3 Bldgs. Damsite PUA Fall River Co: Greenwood KS 67047 Landholding Agency: COE Property Number: 31200530004 Status: Excess Reasons: Extensive deterioration 2 Bldgs. Damsite PUA Fall River Co: Greenwood KS 67047 Landholding Agency: COE Property Number: 31200530005 Status: Excess Reasons: Extensive deterioration Bldgs. L05, L06 Lucas Park Overlook Sylvan Grove KS 67481 Landholding Agency: COE Property Number: 31200530006 Status: Excess Reasons: Extensive deterioration Bldg. 29442 Admin. Area Perry KS 66073 Landholding Agency: COE Property Number: 31200610002 Status: Excess Reasons: Extensive deterioration Bldgs. 29475, 29476 Thompsonville Park Perry KS 66073 Landholding Agency: COE Property Number: 31200610003 Status: Excess Reasons: Extensive deterioration Bldg. 39661 Old Town Park Perry KS 66073 Landholding Agency: COE Property Number: 31200610004 Status: Excess Reasons: Extensive deterioration Bldg. 29455 Rock Creek Park Perry KS 66073 Landholding Agency: COE Property Number: 31200610005 Status: Excess Reasons: Extensive deterioration Bldg. 29415 Longview Park Perry KS 66073 Landholding Agency: COE Property Number: 31200610006 Status: Excess Reasons: Extensive deterioration Bldg. 29464 Slough Creek Park Perry KS 66073 Landholding Agency: COE Property Number: 31200610007 Status: Excess Reasons: Extensive deterioration Bldgs. 35015, 35011 Minooka Park Sylvan Grove KS 67481 Landholding Agency: COE Property Number: 31200620021 Status: Excess Reasons: Extensive deterioration Bldgs. Canning Creek Council Grove Co: Morris KS 66846 Landholding Agency: COE Property Number: 31200620022 Status: Excess Reasons: Extensive deterioration 4 Bldgs. East Rolling Hills Park Junction City KS 66441 Landholding Agency: COE Property Number: 31200630009 Status: Unutilized Reasons: Extensive deterioration Storage Bldg. Perry Wildlife Area Perry KS 66073 Landholding Agency: COE Property Number: 31200640005 Status: Excess Reasons: Extensive deterioration Water Treatment Plant Old Town Area Perry KS 66073 Landholding Agency: COE Property Number: 31200640006 Status: Excess Reasons: Extensive deterioration Water Treatment Plant Sunset Ridge Area Perry KS 66073 Landholding Agency: COE Property Number: 31200640007 Status: Excess Reasons: Extensive deterioration Water Treatment Plant Perry Area Perry KS 66073 Landholding Agency: COE Property Number: 31200640008 Status: Excess Reasons: Extensive deterioration Water Treatment Plant Longview Park Area Perry KS 66073 Landholding Agency: COE Property Number: 31200640009 Status: Excess Reasons: Extensive deterioration Shower Longview Park Area Perry KS 66073 Landholding Agency: COE Property Number: 31200640010 Status: Excess Reasons: Extensive deterioration Shower Slough Creek Park Area Perry KS 66073 Landholding Agency: COE Property Number: 31200640011 Status: Excess Reasons: Extensive deterioration Shower Thompsonville Area Perry KS 66073 Landholding Agency: COE Property Number: 31200640012 Status: Excess Reasons: Extensive deterioration Bldgs. 28370, 28373, 28298 Melvern Lake Melvern Co: Osage KS 66510 Landholding Agency: COE Property Number: 31200710006 Status: Excess Reasons: Extensive deterioration Bldg. 29773 Melvern Lake Melvern Co: Osage KS 66510 Landholding Agency: COE Property Number: 31200710007 Status: Excess Reasons: Extensive deterioration Bldgs. 29785, 29786, 29788 Melvern Lake Melvern Co: Osage KS 66510 Landholding Agency: COE Property Number: 31200710008 Status: Excess Reasons: Extensive deterioration Bldg. 39070 Melvern Lake Melvern Co: Osage KS 66510 Landholding Agency: COE Property Number: 31200710009 Status: Excess Reasons: Extensive deterioration Bldg. South Outlet Park Area Lawrence KS Landholding Agency: COE Property Number: 31200710010 Status: Excess Reasons: Extensive deterioration 2 Bldgs. School Creek Boat Ramp Junction City KS Landholding Agency: COE Property Number: 31200720001 Status: Excess Reasons: Extensive deterioration 2 Bldgs. School Creek A Loop Junction City KS 66441 Landholding Agency: COE Property Number: 31200720002 Status: Excess Reasons: Extensive deterioration Bldg. 11001 West Dam Access Area Sylvan Grove KS 67481 Landholding Agency: COE Property Number: 31200730001 Status: Excess Reasons: Extensive deterioration 8 Bldgs. Melvern Lake Project Osage KS 66510 Landholding Agency: COE Property Number: 31200730002 Status: Excess Directions: 28370, 28373, 28398, 29773, 29785, 29786, 29788, 39070 Reasons: Extensive deterioration Bldg. 39663 Perry Boat Ramp Area Perry KS 66073 Landholding Agency: COE Property Number: 31200730003 Status: Excess Reasons: Extensive deterioration 5 Bldgs. Slough Creek Area Perry KS 66073 Landholding Agency: COE Property Number: 31200730004 Status: Excess Directions: 39671, 39672, 39673, 39674, 39675 Reasons: Extensive deterioration 7 Bldgs. Slough Creek Area Perry KS 66073 Landholding Agency: COE Property Number: 31200730005 Status: Excess Directions: 29462, 29463, 29465, 29466, 29467, 29472, 29473 Reasons: Extensive deterioration Bldgs. 29452, 29453, 29454 Rock Creek Area Perry KS 66073 Landholding Agency: COE Property Number: 31200730006 Status: Unutilized Reasons: Extensive deterioration Bldgs. 29416, 29417 Longview Park Area Perry KS 66073 Landholding Agency: COE Property Number: 31200730007 Status: Excess Reasons: Extensive deterioration Bldgs. 29421, 29422, 29423 Old Military Trail Perry KS 66073 Landholding Agency: COE Property Number: 31200730008 Status: Excess Reasons: Extensive deterioration Bldgs. 29428, 29431 Old Town Area Perry KS 66073 Landholding Agency: COE Property Number: 31200730009 Status: Excess Reasons: Extensive deterioration Bldgs. 29434, 29435 Outlet Area Perry KS 66073 Landholding Agency: COE Property Number: 31200730010 Status: Excess Reasons: Extensive deterioration Bldgs. 29477, 29478 Thompsonville Area Perry KS 66073 Landholding Agency: COE Property Number: 31200730011 Status: Excess Reasons: Extensive deterioration Bldgs. 29387, 28390 Melvern Lake Project Osage KS 66510 Landholding Agency: COE Property Number: 31200730021 Status: Excess Reasons: Extensive deterioration Vault Toilet Farnum Creek Boat Ramp Junction City KS 66441 Landholding Agency: COE Property Number: 31200740002 Status: Excess Reasons: Extensive deterioration Vault Toilet North Overlook Park Junction City KS 66441 Landholding Agency: COE Property Number: 31200740003 Status: Excess Reasons: Extensive deterioration Vault Toilet Curtis Creek Boat Ramp Junction City KS 66441 Landholding Agency: COE Property Number: 31200740004 Status: Excess Reasons: Extensive deterioration House Pomona Lake Project Vassar KS 66453 Landholding Agency: COE Property Number: 31200740005 Status: Excess Reasons: Extensive deterioration Bldg. 25034 Lucas Park Sylvan Grove KS 67481 Landholding Agency: COE Property Number: 31200740006 Status: Excess Reasons: Extensive deterioration 2 Vault Toilets Tuttle Creek Manhattan KS 66502 Landholding Agency: COE Property Number: 31200740007 Status: Excess Reasons: Extensive deterioration Kentucky Spring House Kentucky River Lock and Dam No. 1 Highway 320 Carrollton Co: Carroll KY 41008 Landholding Agency: COE Property Number: 21199040416 Status: Unutilized Reasons: Other—Spring House 6-Room Dwelling Green River Lock and Dam No. 3 Rochester Co: Butler KY 42273 Landholding Agency: COE Property Number: 31199120010 Status: Unutilized Directions: Off State Hwy 369, which runs off of Western Ky. Parkway Reasons: Floodway 2-Car Garage Green River Lock and Dam No. 3 Rochester Co: Butler KY 42273 Landholding Agency: COE Property Number: 31199120011 Status: Unutilized Directions: Off State Hwy 369, which runs off of Western Ky. Parkway Reasons: Floodway Office and Warehouse Green River Lock and Dam No. 3 Rochester Co: Butler KY 42273 Landholding Agency: COE Property Number: 31199120012 Status: Unutilized Directions: Off State Hwy 369, which runs off of Western Ky. Parkway Reasons: Floodway 2 Pit Toilets Green River Lock and Dam No. 3 Rochester Co: Butler KY 42273 Landholding Agency: COE Property Number: 31199120013 Status: Unutilized Reasons: Floodway Tract 1379 Barkley Lake Eddyville Co: Lyon KY 42038 Landholding Agency: COE Property Number: 31200420001 Status: Unutilized Reasons: Other—landlocked Tract 4300 Barkley Lake Cadiz Co: Trigg KY 42211 Landholding Agency: COE Property Number: 31200420002 Status: Unutilized Reasons: Floodway Tracts 317, 318, 319 Barkley Lake Grand Rivers Co: Lyon KY 42045 Landholding Agency: COE Property Number: 31200420003 Status: Unutilized Reasons: Floodway Steel Structure Mcalpine Locks Louisville KY 40212 Landholding Agency: COE Property Number: 31200440006 Status: Excess Reasons: Floodway, Within 2000 ft. of flammable or explosive material Comfort Station Mcalpine Locks Louisville KY 40212 Landholding Agency: COE Property Number: 31200440007 Status: Excess Reasons: Floodway, Within 2000 ft. of flammable or explosive material Shelter Mcalpine Locks Louisville KY 40212 Landholding Agency: COE Property Number: 31200440008 Status: Excess Reasons: Within 2000 ft. of flammable or explosive material, Floodway Parking Lot Mcalpine Locks Louisville KY 40212 Landholding Agency: COE Property Number: 31200440009 Status: Excess Reasons: Within 2000 ft. of flammable or explosive material, Floodway Loading Docks Nolin Lake Bee Spring KY 42007 Landholding Agency: COE Property Number: 31200540006 Status: Unutilized Reasons: Extensive deterioration Sewage Treatment Plant Smith Ridge Rec Area Campbellsville KY 42718 Landholding Agency: COE Property Number: 31200740008 Status: Excess Reasons: Extensive deterioration Louisiana Bldg. 11 Naval Support Activity New Orleans LA 70142 Landholding Agency: Navy Property Number: 77200810027 Status: Excess Reasons: Secured Area, Extensive deterioration Maryland Bldg. 12 Naval Medical Center Bethesda MD 20889 Landholding Agency: Navy Property Number: 77200810028 Status: Underutilized Reasons: Secured Area Massachusetts Lee House Knightville Dam Project Huntington MA Landholding Agency: COE Property Number: 31200720003 Status: Unutilized Reasons: Extensive deterioration Former Environmental Lab 200 Coldbrook Road Barre MA Landholding Agency: COE Property Number: 31200720004 Status: Unutilized Reasons: Extensive deterioration Missouri Rec Office Harry S. Truman Dam Osceola Co: St. Clair MO 64776 Landholding Agency: COE Property Number: 31200110001 Status: Unutilized Reasons: Extensive deterioration Privy/Nemo Park Pomme de Terre Lake Hermitage MO 65668 Landholding Agency: COE Property Number: 31200120001 Status: Excess Reasons: Extensive deterioration Privy No. 1/Bolivar Park Pomme de Terre Lake Hermitage MO 65668 Landholding Agency: COE Property Number: 31200120002 Status: Excess Reasons: Extensive deterioration Privy No. 2/Bolivar Park Pomme de Terre Lake Hermitage MO 65668 Landholding Agency: COE Property Number: 31200120003 Status: Excess Reasons: Extensive deterioration #07004, 60006, 60007 Crabtree Cove/Stockton Area Stockton MO 65785 Landholding Agency: COE Property Number: 31200220007 Status: Excess Reasons: Extensive deterioration Bldg. Old Mill Park Area Stockton MO 65785 Landholding Agency: COE Property Number: 31200310007 Status: Excess Reasons: Extensive deterioration Stockton Lake Proj. Ofc. Stockton Co: Cedar MO 65785 Landholding Agency: COE Property Number: 31200330004 Status: Unutilized Reasons: Extensive deterioration House Tract 1105 Thurnau Mitigation Site Craig Co: Holt MO 64437 Landholding Agency: COE Property Number: 31200420005 Status: Unutilized Reasons: Extensive deterioration 30 x 36 Barn Tract 1105 Thurnau Mitigation Site Craig Co: Holt MO 64437 Landholding Agency: COE Property Number: 31200420006 Status: Unutilized Reasons: Extensive deterioration 30 x 26 Barn Tract 1105 Thurnau Mitigation Site Craig Co: Holt MO 64437 Landholding Agency: COE Property Number: 31200420007 Status: Unutilized Reasons: Extensive deterioration 30 x 10 Shed Tract 1105 Thurnau Mitigation Site Craig Co: Holt MO 64437 Landholding Agency: COE Property Number: 31200420008 Status: Unutilized Reasons: Extensive deterioration 30 x 26 Shed Tract 1105 Thurnau Mitigation Site Craig Co: Holt MO 64437 Landholding Agency: COE Property Number: 31200420009 Status: Unutilized Reasons: Extensive deterioration 9 x 9 Shed Tract 1105 Thurnau Mitigation Site Craig Co: Holt MO 64437 Landholding Agency: COE Property Number: 31200420010 Status: Unutilized Reasons: Extensive deterioration Tract 1111 Thurnau Mitigation Site Craig Co: Holt MO 64437 Landholding Agency: COE Property Number: 31200420011 Status: Excess Reasons: Extensive deterioration Shower Pomme de Terre Lake Hermitage Co: Polk MO 65668 Landholding Agency: COE Property Number: 31200420012 Status: Unutilized Reasons: Extensive deterioration 11 Bldgs. Warsaw MO 65355 Landholding Agency: COE Property Number: 31200430013 Status: Excess Directions: Fairfield, Tally Bend, Cooper Creek, Shawnee Bend Reasons: Extensive deterioration 2 Storage Bldgs. District Service Base St. Louis MO Landholding Agency: COE Property Number: 31200430014 Status: Excess Reasons: Extensive deterioration Privy Pomme de Terre Lake Wheatland Co: Hickory MO Landholding Agency: COE Property Number: 31200440010 Status: Underutilized Reasons: Floodway Vault Toilet Ruark Bluff Stockton MO Landholding Agency: COE Property Number: 31200440011 Status: Excess Reasons: Extensive deterioration Comfort Station Overlook Area Stockton MO Landholding Agency: COE Property Number: 31200440012 Status: Excess Reasons: Extensive deterioration Maintenance Building Missouri River Area Napoleon Co: Lafayette MO 64074 Landholding Agency: COE Property Number: 31200510007 Status: Excess Reasons: Floodway Bldg. 34001 Orleans Trail Park Stockton MO 65785 Landholding Agency: COE Property Number: 31200510008 Status: Excess Reasons: Extensive deterioration Bldgs. 34016, 34017 Orleans Trail Park Stockton MO 65785 Landholding Agency: COE Property Number: 31200510009 Status: Excess Reasons: Extensive deterioration Bldg. Pomme de Terre Lake Hermitage MO 65668 Landholding Agency: COE Property Number: 31200610008 Status: Unutilized Reasons: Extensive deterioration Bldgs. 43841, 43919 Clearwater Project Piedmont MO 63957 Landholding Agency: COE Property Number: 31200630010 Status: Unutilized Reasons: Extensive deterioration Dwelling Harry S. Truman Project Roscoe MO Landholding Agency: COE Property Number: 31200640013 Status: Unutilized Reasons: Extensive deterioration Bldg. 50005 Ruark Bluff East Stockton MO 65785 Landholding Agency: COE Property Number: 31200710011 Status: Excess Reasons: Extensive deterioration Bldg. 07002 Crabtree Cove Park Stockton MO 65785 Landholding Agency: COE Property Number: 31200710012 Status: Excess Reasons: Extensive deterioration Comfort Station Riverlands Way Access West Alton MO 63386 Landholding Agency: COE Property Number: 31200710013 Status: Excess Reasons: Extensive deterioration Bldg. #55001 Cooper Creek Warsaw MO 65355 Landholding Agency: COE Property Number: 31200720005 Status: Excess Reasons: Extensive deterioration Bldgs. 40006, 40007 Pomme de Terre Lake Pittsburg MO 65724 Landholding Agency: COE Property Number: 31200730012 Status: Excess Reasons: Extensive deterioration 3 Facilities Wappapello Lake Project Wayne MO 63966 Landholding Agency: COE Property Number: 31200730013 Status: Excess Reasons: Extensive deterioration Bldgs. 05004, 05008 Cedar Ridge Park Stockton MO 65785 Landholding Agency: COE Property Number: 31200740009 Status: Excess Reasons: Extensive deterioration Bldg. 11002 Greenfield Access Stockton MO 65785 Landholding Agency: COE Property Number: 31200740010 Status: Excess Reasons: Extensive deterioration Bldgs. 14008, 14009, 14010 Hawker Point Park Stockton MO 65785 Landholding Agency: COE Property Number: 31200740011 Status: Excess Reasons: Extensive deterioration Bldg. 34006 Orleans Trail Park Stockton MO 65785 Landholding Agency: COE Property Number: 31200740012 Status: Excess Reasons: Extensive deterioration Bldg. ES801-8319 Wappapello Lake Project Wayne MO 63966 Landholding Agency: COE Property Number: 31200740013 Status: Excess Reasons: Extensive deterioration Nebraska Vault Toilets Harlan County Project Republican NE 68971 Landholding Agency: COE Property Number: 31200210006 Status: Unutilized Reasons: Extensive deterioration Patterson Treatment Plant Harlan County Project Republican NE 68971 Landholding Agency: COE Property Number: 31200210007 Status: Unutilized Reasons: Extensive deterioration #30004 Harlan County Project Republican Co: Harlan NE 68971 Landholding Agency: COE Property Number: 31200220008 Status: Unutilized Reasons: Extensive deterioration #3005, 3006 Harlan County Project Republican Co: Harlan NE 68971 Landholding Agency: COE Property Number: 31200220009 Status: Unutilized Reasons: Extensive deterioration Bldgs. 70001, 70002 South Outlet Park Republican City NE Landholding Agency: COE Property Number: 31200510010 Status: Excess Reasons: Extensive deterioration Bldgs. 40002, 40003, 40006 Harlan County Lake Republican City NE 68971 Landholding Agency: COE Property Number: 31200610009 Status: Excess Reasons: Extensive deterioration Bldg. 40020 Harlan County Lake Republican City NE 68971 Landholding Agency: COE Property Number: 31200610010 Status: Excess Reasons: Extensive deterioration 4 Bldgs. 43004, 43007, 43008, 43009 Republican City NE 68971 Landholding Agency: COE Property Number: 31200610011 Status: Excess Reasons: Extensive deterioration 6 Bldgs. Harlan County Lake Republican City NE 68971 Landholding Agency: COE Property Number: 31200610012 Status: Excess Directions: 50003, 50004, 50005, 50006, 50007, 50008 Reasons: Extensive deterioration New Jersey Bldgs. 105, 111, 266 Naval Air Eng. Station Lakehurst NJ 08733 Landholding Agency: Navy Property Number: 77200820001 Status: Unutilized Reasons: Secured Area, Extensive deterioration Bldgs. 464, 480 Naval Air Eng. Station Lakehurst NJ 08733 Landholding Agency: Navy Property Number: 77200820002 Status: Unutilized Reasons: Extensive deterioration, Secured Area Bldgs. 539, 560, 565 Naval Air Eng. Station Lakehurst NJ 08733 Landholding Agency: Navy Property Number: 77200820003 Status: Unutilized Reasons: Extensive deterioration, Secured Area New York Warehouse Whitney Lake Project Whitney Point Co: Broome NY 13862-0706 Landholding Agency: COE Property Number: 31199630007 Status: Unutilized Reasons: Extensive deterioration North Carolina Preston Clark USARC 1301 N. Memorial Dr. Greenville Co: Pitt NC 27834 Landholding Agency: COE Property Number: 31200620032 Status: Unutilized Reasons: Extensive deterioration Bldg. MC-A01 Morehead City NC Landholding Agency: COE Property Number: 31200740014 Status: Excess Reasons: Extensive deterioration Ohio NIKE Site Cd-46 Felicity OH Landholding Agency: COE Property Number: 31200740015 Status: Excess Reasons: Extensive deterioration Installation 39875 Hayes Reserve Center Fremont OH 43420 Landholding Agency: COE Property Number: 31200740016 Status: Excess Reasons: Extensive deterioration Oklahoma Comfort Station LeFlore Landing PUA Sallisaw Co: LeFlore OK 74955-9445 Landholding Agency: COE Property Number: 31200240008 Status: Excess Reasons: Extensive deterioration Comfort Station Braden Bend PUA Sallisaw Co: LeFlore OK 74955-9445 Landholding Agency: COE Property Number: 31200240009 Status: Excess Reasons: Extensive deterioration Water Treatment Plant Salt Creek Cove Sawyer Co: Choctaw OK 74756-0099 Landholding Agency: COE Property Number: 31200240010 Status: Excess Reasons: Extensive deterioration Water Treatment Plant Wilson Point Sawyer Co: Choctaw OK 74756-0099 Landholding Agency: COE Property Number: 31200240011 Status: Excess Reasons: Extensive deterioration 2 Comfort Stations Landing PUA/Juniper Point PUA Stigler Co: McIntosh OK 74462-9440 Landholding Agency: COE Property Number: 31200240012 Status: Excess Reasons: Extensive deterioration Filter Plant/Pumphouse South PUA Stigler Co: McIntosh OK 74462-9440 Landholding Agency: COE Property Number: 31200240013 Status: Excess Reasons: Extensive deterioration Filter Plant/Pumphouse North PUA Stigler Co: McIntosh OK 74462-9440 Landholding Agency: COE Property Number: 31200240014 Status: Excess Reasons: Extensive deterioration Filter Plant/Pumphouse Juniper Point PUA Stigler Co: McIntosh OK 74462-9440 Landholding Agency: COE Property Number: 31200240015 Status: Excess Reasons: Extensive deterioration Comfort Station Juniper Point PUA Stigler Co: McIntosh OK 74462-9440 Landholding Agency: COE Property Number: 31200240016 Status: Excess Reasons: Extensive deterioration Comfort Station Brooken Cove PUA Stigler Co: McIntosh OK 74462-9440 Landholding Agency: COE Property Number: 31200240017 Status: Excess Reasons: Extensive deterioration 2 Bldgs. Outlet Channel/Walker Creek Waurika OK 73573-0029 Landholding Agency: COE Property Number: 31200340013 Status: Excess Reasons: Extensive deterioration 2 Bldgs. Damsite South Stigler OK 74462-9440 Landholding Agency: COE Property Number: 31200340014 Status: Excess Reasons: Extensive deterioration 19 Bldgs. Kaw Lake Ponca City OK 74601-9962 Landholding Agency: COE Property Number: 31200340015 Status: Excess Reasons: Extensive deterioration 30 Bldgs. Keystone Lake Sand Springs OK 74063-9338 Landholding Agency: COE Property Number: 31200340016 Status: Excess Reasons: Extensive deterioration 13 Bldgs. Oologah Lake Oologah OK 74053-0700 Landholding Agency: COE Property Number: 31200340017 Status: Excess Reasons: Extensive deterioration 14 Bldgs. Pine Creek Lake Valliant OK 74764-9801 Landholding Agency: COE Property Number: 31200340018 Status: Excess Reasons: Extensive deterioration 6 Bldgs. Sardis Lake Clayton OK 74536-9729 Landholding Agency: COE Property Number: 31200340019 Status: Excess Reasons: Extensive deterioration 22 Bldgs. Skiatook Lake Skiatook OK 74070-9803 Landholding Agency: COE Property Number: 31200340020 Status: Excess Reasons: Extensive deterioration 40 Bldgs. Eufaula Lake Stigler OK 74462-5135 Landholding Agency: COE Property Number: 31200340021 Status: Excess Reasons: Extensive deterioration 2 Bldgs. Holiday Cove Stigler OK 74462-5135 Landholding Agency: COE Property Number: 31200340022 Status: Excess Reasons: Extensive deterioration 18 Bldgs. Fort Gibson Ft. Gibson Co: Wagoner OK 74434-0370 Landholding Agency: COE Property Number: 31200340023 Status: Excess Reasons: Extensive deterioration 2 Bldgs. Fort Supply Ft. Supply Co: Woodward OK 73841-0248 Landholding Agency: COE Property Number: 31200340024 Status: Excess Reasons: Extensive deterioration Game Bird House Fort Supply Lake Ft. Supply Co: Woodward OK 73841-0248 Landholding Agency: COE Property Number: 31200340025 Status: Excess Reasons: Extensive deterioration 11 Bldgs. Hugo Lake Sawyer OK 74756-0099 Landholding Agency: COE Property Number: 31200340026 Status: Excess Reasons: Extensive deterioration 5 Bldgs. Birch Cove/Twin Cove Skiatook OK 74070-9803 Landholding Agency: COE Property Number: 31200340027 Status: Excess Reasons: Extensive deterioration 2 Bldgs. Fairview Group Camp Canton OK 73724-0069 Landholding Agency: COE Property Number: 31200340028 Status: Excess Reasons: Extensive deterioration 2 Bldgs. Chouteau Bluff Gore Co: Wagoner OK 74935-9404 Landholding Agency: COE Property Number: 31200340029 Status: Excess Reasons: Extensive deterioration 2 Bldgs. Newt Graham L Gore OK 74935-9404 Landholding Agency: COE Property Number: 31200340030 Status: Excess Reasons: Extensive deterioration 2 Bldgs. Damsite/Fisherman's Landing Sallisaw OK 74955-9445 Landholding Agency: COE Property Number: 31200340031 Status: Excess Reasons: Extensive deterioration 10 Bldgs. Webbers Falls Lake Gore OK 74435-5541 Landholding Agency: COE Property Number: 31200340032 Status: Excess Reasons: Extensive deterioration Bldg. Lower Storage Yard Skiatook Co: Osage OK 74070 Landholding Agency: COE Property Number: 31200530007 Status: Excess Reasons: Extensive deterioration 3 Bldgs. Birch Cove PUA Skiatook Co: Osage OK 74070 Landholding Agency: COE Property Number: 31200530008 Status: Excess Reasons: Extensive deterioration Bldg. Canadian Public Use Area Canton Co: Blaine OK 73724 Landholding Agency: COE Property Number: 31200530009 Status: Excess Reasons: Extensive deterioration 3 Bldgs. Porum Landing PUA Stigler Co: McIntosh OK 74462 Landholding Agency: COE Property Number: 31200530010 Status: Excess Reasons: Extensive deterioration 2 Bldgs. Bluff/Afton Landing Ft. Gibson Co: Wagoner OK 74434 Landholding Agency: COE Property Number: 31200530012 Status: Excess Reasons: Extensive deterioration Bldg. Lake Office Ft. Supply Co: Woodward OK 73841 Landholding Agency: COE Property Number: 31200530013 Status: Excess Reasons: Extensive deterioration 4 Bldgs. Overlook PUA Ft. Supply Co: Texas OK 73841 Landholding Agency: COE Property Number: 31200530014 Status: Excess Reasons: Extensive deterioration Bldg. Hugo Lake Sawyer Co: Chocktaw OK 74756 Landholding Agency: COE Property Number: 31200530015 Status: Excess Reasons: Extensive deterioration 2 Bldgs. Sarge Creek PUA Ponca City Co: Kay OK 74601 Landholding Agency: COE Property Number: 31200530016 Status: Excess Reasons: Extensive deterioration 5 Bldgs. Hawthorne Bluff Oologah Co: Rogers OK 74053 Landholding Agency: COE Property Number: 31200530017 Status: Excess Reasons: Extensive deterioration 12 Bldgs. Trout Stream PUAs Gore Co: Sequoyah OK 74435 Landholding Agency: COE Property Number: 31200530018 Status: Excess Reasons: Extensive deterioration 14 Bldgs. Chicken Creek PUAs Gore Co: Cherokee OK 74435 Landholding Agency: COE Property Number: 31200530019 Status: Excess Reasons: Extensive deterioration 4 Bldgs. Snake Creek Area Gore Co: Sequoyah OK 74435 Landholding Agency: COE Property Number: 31200530020 Status: Excess Reasons: Extensive deterioration 3 Bldgs. Brewer's Bend Gore Co: Muskogee OK 74435 Landholding Agency: COE Property Number: 31200530021 Status: Excess Reasons: Extensive deterioration Facility Hulah Lake Copan Co: Osage OK 74022 Landholding Agency: COE Property Number: 31200620025 Status: Excess Reasons: Extensive deterioration Bldg. Webbers Falls Muskogee OK 74435 Landholding Agency: COE Property Number: 31200620026 Status: Excess Reasons: Extensive deterioration 24 Bldgs. Hulah Lake Copan OK Landholding Agency: COE Property Number: 31200630011 Status: Unutilized Reasons: Extensive deterioration Bldgs. 44760, 44707 Canton Lake Canton OK 73724 Landholding Agency: COE Property Number: 31200630012 Status: Unutilized Reasons: Extensive deterioration Bldg. Skiatook Lake Skiatook OK 74070 Landholding Agency: COE Property Number: 31200630013 Status: Unutilized Reasons: Extensive deterioration Bldgs. 43263, 42364 Oologah Lake Oologah OK 74053 Landholding Agency: COE Property Number: 31200630015 Status: Unutilized Reasons: Extensive deterioration Bldg. Webbers Falls Lake Webbers Falls OK Landholding Agency: COE Property Number: 31200630016 Status: Unutilized Reasons: Extensive deterioration Bldgs. 43523, 43820 Hugo Lake Sawyer OK 74756 Landholding Agency: COE Property Number: 31200630017 Status: Unutilized Reasons: Extensive deterioration Bldg. Newt Graham Lock 18 Inola OK Landholding Agency: COE Property Number: 31200640014 Status: Unutilized Reasons: Extensive deterioration 4 Bldgs. Gore OK 74435 Landholding Agency: COE Property Number: 31200640016 Status: Unutilized Directions: Afton Landing or Bluff Landing Reasons: Extensive deterioration Pinecr-58321 Pine Creek Lake Valiant OK Landholding Agency: COE Property Number: 31200710015 Status: Unutilized Reasons: Extensive deterioration KAW-58649 Garrett's Landing Kaw City OK Landholding Agency: COE Property Number: 31200710016 Status: Unutilized Reasons: Extensive deterioration Bldg. Sizemore Landing Gore OK 74435 Landholding Agency: COE Property Number: 31200720007 Status: Unutilized Reasons: Extensive deterioration Bldg. Taylor Ferry Fort Gibson OK 74434 Landholding Agency: COE Property Number: 31200720008 Status: Unutilized Reasons: Extensive deterioration Bldgs. 42670, 42634 Tenkiller Lake Gore OK 74435 Landholding Agency: COE Property Number: 31200730014 Status: Unutilized Reasons: Extensive deterioration Bldg. 41946 Webbers Falls Lake Webbers Lake OK Landholding Agency: COE Property Number: 31200730015 Status: Unutilized Reasons: Extensive deterioration Bldgs. 44760, 44707 Canton Lake Canton OK Landholding Agency: COE Property Number: 31200730016 Status: Unutilized Reasons: Extensive deterioration 6 Bldgs. Hugo Lake Sawyer OK Landholding Agency: COE Property Number: 31200730017 Status: Unutilized Directions: 43803, 43802, 43827, 43760, 43764, 43763 Reasons: Extensive deterioration Gatehouse Porum Landing Stigler OK 75562 Landholding Agency: COE Property Number: 31200740017 Status: Unutilized Reasons: Extensive deterioration Bldgs. 42008, 55088 Webbers Falls Lake Webbers Falls OK Landholding Agency: COE Property Number: 31200740019 Status: Unutilized Reasons: Extensive deterioration Oregon 2 Floating Docks Rogue River Gold Beach Co: Curry OR 97444 Landholding Agency: COE Property Number: 31200430015 Status: Excess Reasons: Floodway 2 Trailers John Day Project #1 West Marine Drive Boardman Co: Morrow OR 97818 Landholding Agency: COE Property Number: 31200510012 Status: Unutilized Reasons: Extensive deterioration Pennsylvania Bldgs. 13, 90, 93, 97 Naval Support Activity Philadelphia PA 19111 Landholding Agency: Navy Property Number: 77200820012 Status: Excess Reasons: Extensive deterioration, Secured Area Bldgs. 431, 483 Naval Support Activity Philadelphia PA 19111 Landholding Agency: Navy Property Number: 77200820013 Status: Excess Reasons: Within 2000 ft. of flammable or explosive material, Extensive deterioration Bldgs. 530, 534, 567, 585 Naval Support Activity Philadelphia PA 19111 Landholding Agency: Navy Property Number: 77200820014 Status: Excess Reasons: Extensive deterioration, Within 2000 ft. of flammable or explosive material Bldgs. 618, 743 Naval Support Activity Philadelphia PA 19111 Landholding Agency: Navy Property Number: 77200820015 Status: Excess Reasons: Extensive deterioration Rhode Island Bldg. 305CP Naval Station Newport RI 02841 Landholding Agency: Navy Property Number: 77200820004 Status: Excess Reasons: Extensive deterioration, Secured Area South Carolina Bldgs. 908, 1ATX211-1ATX220 Naval Weapons Station Goose Creek SC 29445 Landholding Agency: Navy Property Number: 77200810029 Status: Unutilized Reasons: Secured Area, Within 2000 ft. of flammable or explosive material Bldgs. 40, 48, 856 Naval Weapons Station Goose Creek SC 29445 Landholding Agency: Navy Property Number: 77200810030 Status: Unutilized Reasons: Secured Area, Within 2000 ft. of flammable or explosive material Bldgs. 934, 2333 Naval Weapons Station Goose Creek SC 29445 Landholding Agency: Navy Property Number: 77200810031 Status: Unutilized Reasons: Within 2000 ft. of flammable or explosive material, Secured Area South Dakota Mobile Home Tract L-1295 Oahe Dam Potter SD 00000 Landholding Agency: COE Property Number: 31200030001 Status: Excess Reasons: Extensive deterioration Tennessee Bldg. 204 Cordell Hull Lake and Dam Project Defeated Creek Recreation Area Carthage Co: Smith TN 37030 Landholding Agency: COD Property Number: 31199011499 Status: Unutilized Directions: US Highway 85 Reasons: Floodway Tract 2618 (Portion) Cordell Hull Lake and Dam Project Roaring River Recreation Area Gainesboro Co: Jackson TN 38562 Landholding Agency: COE Property Number: 31199011503 Status: Underutilized Directions: TN Highway 135 Reasons: Floodway Tract 2618 (Portion) Cordell Hull Lake and Dam Project Roaring River Recreation Area Gainesboro Co: Jackson TN 38562 Landholding Agency: COE Property Number: 31199011503 Status: Underutilized Directions: TN Highway 135 Reasons: Floodway Water Treatment Plant Dale Hollow Lake Project Obey River Park, State Hwy 42 Livingston Co: Clay TN 38351 Landholding Agency: COE Property Number: 31199140011 Status: Excess Reasons: Other—water treatment plant Water Treatment Plant Dale Hollow Lake Project Lillydale Recreation Area, State Hwy 53 Livingston Co: Clay TN 38351 Landholding Agency: COE Property Number: 31199140012 Status: Excess Reasons: Other—water treatment plant Water Treatment Plant Dale Hollow Lake Project Willow Grove Recreational Area, Hwy No. 53 Livingston Co: Clay TN 38351 Landholding Agency: COE Property Number: 31199140013 Status: Excess Reasons: Other—water treatment plant Comfort Station/Land Cook Campground Nashville Co: Davidson TN 37214 Landholding Agency: COE Property Number: 31200420024 Status: Unutilized Reasons: Floodway Tracts 915, 920, 931C-1 Cordell Hull Dam/Reservoir Cathage Co: Smith TN 37030 Landholding Agency: COE Property Number: 31200430016 Status: Unutilized Reasons: Other—landlocked, Floodway Residence #5 5050 Dale Hollow Dam Rd. Celina Co: Clay TN 38551 Landholding Agency: COE Property Number: 31200540010 Status: Unutilized Reasons: Other—landlocked Bldg. Dale Hollow Lake Dam Celina Co: Clay TN 38551 Landholding Agency: COE Property Number: 31200610013 Status: Unutilized Reasons: Extensive deterioration 3 Bldgs. Y-12 National Security Complex 9706-01, 9706-01A, 9711-05 Oak Ridge TN 37831 Landholding Agency: Energy Property Number: 41200810008 Status: Unutilized Reasons: Secured Area 3 Bldgs. Y-12 National Security Complex 9733-01, 9733-02, 9733-03 Oak Ridge TN 37831 Landholding Agency: Energy Property Number: 41200810009 Status: Unutilized Reasons: Secured Area Bldgs. 9734, 9739 Y-12 National Security Complex Oak Ridge TN 37831 Landholding Agency: Energy Property Number: 41200810010 Status: Unutilized Reasons: Secured Area Texas Comfort Station Overlook PUA Powderly Co: Lamar TX 75473-9801 Landholding Agency: COE Property Number: 31200240018 Status: Excess Reasons: Extensive deterioration 148 Bldgs. Texoma Lake Denison TX Landholding Agency: COE Property Number: 31200740018 Status: Unutilized Reasons: Extensive deterioration Bldgs. 11-010, T09-031 Pantex Plant Amarillo TX 79120 Landholding Agency: Energy Property Number: 41200810011 Status: Unutilized Reasons: Secured Area, Within 2000 ft. of flammable or explosive material Virginia Bldgs. JHK-17433, JHK-17446 John H. Kerr Project Boydton VA Landholding Agency: COE Property Number: 31200740020 Status: Unutilized Reasons: Extensive deterioration Bldgs. 439, 466 Naval Weapon Station Yorktown VA 23691 Landholding Agency: Navy Property Number: 77200820016 Status: Excess Reasons: Secured Area Bldgs. 760, 761 Naval Weapon Station Yorktown VA 23691 Landholding Agency: Navy Property Number: 77200820017 Status: Excess Reasons: Secured Area Bldgs. 1820, 1895 Naval Weapon Station Yorktown VA 23691 Landholding Agency: Navy Property Number: 77200820018 Status: Excess Reasons: Secured Area Bldgs. 1977, 1978, 1983 Naval Weapon Station Yorktown VA 23691 Landholding Agency: Navy Property Number: 77200820019 Status: Excess Reasons: Secured Area Bldg. CAD-RR Naval Weapon Station Yorktown VA 23691 Landholding Agency: Navy Property Number: 77200820020 Status: Excess Reasons: Secured Area West Virginia CELRH-OR-BLN Hinton WV 25951 Landholding Agency: COE Property Number: 31200640020 Status: Unutilized Reasons: Secured Area CELRH-OR-BLN Hinton WV Landholding Agency: COE Property Number: 31200730018 Status: Unutilized Reasons: Extensive deterioration CELRH-OR-SUT Sutton WV Landholding Agency: COE Property Number: 31200730019 Status: Unutilized Reasons: Extensive deterioration CELRH-OR-SUM Summersville WV Landholding Agency: COE Property Number: 31200730020 Status: Unutilized Reasons: Extensive deterioration Wisconsin SSA Federal Bldg. 304 Otter Ave. Oshkosh WI 54901 Landholding Agency: GSA Property Number: 54200820001 Status: Excess GSA Number: 1-G-WI-603 Reasons: Within 2000 ft. of flammable or explosive material Unsuitable Properties Land Kentucky Tract 4626 Barkley Lake, Kentucky and Tennessee Donaldson Creek Launching Area Cadiz Co: Trigg KY 42211 Landholding Agency: COE Property Number 31199010030 Status: Underutilized Directions: 14 miles from U.S. Highway 68. Reasons: Floodway Tract AA-2747 Wolf Creek Dam and Lake Cumberland US HWY. 27 to Blue John Road Burnside Co: Pulaski KY 42519 Landholding Agency: COE Property Number: 31199010038 Status: Underutilized Reasons: Floodway Tract AA-2726 Wolf Creek Dam and Lake Cumberland KY HWY. 80 to Route 769 Burnside Co: Pulaski KY 42519 Landholding Agency: COE Property Number: 31199010039 Status: Underutilized Reasons: Floodway Tract 1358 Barkley Lake, Kentucky and Tennessee Eddyville Recreation Area Eddyville Co: Lyon KY 42038 Landholding Agency: COE Property Number: 31199010043 Status: Excess Directions: US Highway 62 to state highway 93. Reasons: Floodway Barren River Lock No. 1 Richardsville Co: Warren KY 42270 Landholding Agency: COE Property Number: 31199120008 Status: Unutilized Reasons: Floodway Green River Lock No. 3 Rochester Co: Butler KY 42273 Landholding Agency: COE Property Number: 31199120009 Status: Unutilized Directions: Off State Hwy. 369, which runs off of Western Ky. Parkway Reasons: Floodway Green River Lock No. 4 Woodbury Co: Butler KY 42288 Landholding Agency: COE Property Number: 31199120014 Status: Underutilized Directions: Off State Hwy 403, which is off State Hwy 231 Reasons: Floodway Green River Lock No. 5 Readville Co: Butler KY 42275 Landholding Agency: COE Property Number: 31199120015 Status: Unutilized Directions: Off State Highway 185 Reasons: Floodway Green River Lock No. 6 Brownsville Co: Edmonson KY 42210 Landholding Agency: COE Property Number: 31199120016 Status: Underutilized Directions: Off State Highway 259 Reasons: Floodway Vacant land west of locksite Greenup Locks and Dam 5121 New Dam Road Rural Co: Greenup KY 41144 Landholding Agency: COE Property Number: 31199120017 Status: Unutilized Reasons: Floodway Maryland Tract 131R Youghiogheny River Lake, Rt. 2, Box 100 Friendsville Co: Garrett MD Landholding Agency: COE Property Number: 31199240007 Status: Underutilized Reasons: Floodway Mississippi Parcel 1 Grenada Lake Section 20 Grenada Co: Grenada MS 38901-0903 Landholding Agency: COE Property Number: 31199011018 Status: Underutilized Reasons: Within airport runway clear zone Missouri Ditch 19, Item 2, Tract No. 230 St. Francis Basin Project 2 1/2 miles west of Malden null Co: Dunklin MO Landholding Agency: COE Property Number: 31199130001 Status: Unutilized Reasons: Floodway Ohio Mosquito Creek Lake Everett Hull Road Boat Launch Cortland Co: Trumbull OH 44410-9321 Landholding Agency: COE Property Number: 31199440007 Status: Underutilized Reasons: Floodway Mosquito Creek Lake Housel—Craft Rd., Boat Launch Cortland Co: Trumbull OH 44410-9321 Landholding Agency: COE Property Number: 31199440008 Status: Underutilized Reasons: Floodway 36 Site Campground German Church Campground Berlin Center Co: Portage OH 44401-9707 Landholding Agency: COE Property Number: 31199810001 Status: Unutilized Reasons: Floodway Pennsylvania Lock and Dam #7 Monongahela River Greensboro Co: Greene PA Landholding Agency: COE Property Number: 31199011564 Status: Unutilized Directions: Left hand side of entrance roadway to project Reasons: Floodway Mercer Recreation Area Shenango Lake Transfer Co: Mercer PA 16154 Landholding Agency: COE Property Number: 31199810002 Status: Unutilized Reasons: Floodway Tract No. B-212C Upstream from Gen. Jadwin Dam Honesdale Co: Wayne PA 18431 Landholding Agency: COE Property Number: 31200020005 Status: Unutilized Reasons: Floodway Portion/Tract 117 E. of Strabane Ave. Canonsburg PA Landholding Agency: GSA Property Number: 54200820003 Status: Excess GSA Number: 4-B-PA-811 Reasons: Contamination Tennessee Brooks Bend Cordell Hull Dam and Reservoir Highway 85 to Brooks Bend Road Gainesboro Co: Jackson TN 38562 Landholding Agency: COE Property Number: 21199040413 Status: Underutilized Directions: Tracts 800, 802-806, 835-837, 900-902, 1000-1003, 1025 Reasons: Floodway Cheatham Lock and Dam Highway 12 Ashland City Co: Cheatham TN 37015 Landholding Agency: COE Property Number: 21199040415 Status: Underutilized Directions: Tracts E-513, E-512-1 and E-512-2 Reasons: Floodway Tract 2321 J. Percy Priest Dam and Reservoir Murfreesboro Co: Rutherford TN 37130 Landholding Agency: COE Property Number: 31199010935 Status: Excess Directions: South of Old Jefferson Pike Reasons: Other—landlocked Tract 6737 Blue Creek Recreation Area Barkley Lake, Kentucky and Tennessee Dover Co: Stewart TN 37058 Landholding Agency: COE Property Number: 31199011478 Status: Underutilized Directions: U.S. Highway 79/TN Highway 761 Reasons: Floodway Tracts 3102, 3105, and 3106 Brimstone Launching Area Cordell Hull Lake and Dam Project Gainesboro Co: Jackson TN 38562 Landholding Agency: COE Property Number: 31199011479 Status: Excess Directions: Big Bottom Road Reasons: Floodway Tract 3507 Proctor Site Cordell Hull Lake and Dam Project Celina Co: Clay TN 38551 Landholding Agency: COE Property Number 3119901148 Status: Unutilized Directions: TN Highway 52 Reasons: Floodway Tract 3721 Obey Cordell Hull Lake and Dam Project Celina Co: Clay TN 38551 Landholding Agency: COE Property Number: 3119901148 Status: Unutilized Directions: TN Highway 53 Reasons: Floodway Tracts 608, 609, 611 and 612 Sullivan Bend Launching Area Cordell Hull Lake and Dam Project Carthage Co: Smith TN 37030 Landholding Agency: COE Property Number: 31199011482 Status: Underutilized Directions: Sullivan Bend Road Reasons: Floodway Tracts 1710, 1716 and 1703 Flynns Lick Launching Ramp Cordell Hull Lake and Dam Project Gainesboro Co: Jackson TN 38562 Landholding Agency: COE Property Number: 31199011484 Status: Underutilized Directions: Whites Bend Road Reasons: Floodway Tract 1810 Wartrace Creek Launching Ramp Cordell Hull Lake and Dam Project Gainesboro Co: Jackson TN 38551 Landholding Agency: COE Property Number: 31199011485 Status: Underutilized Directions: TN Highway 85 Reasons: Floodway Tract 2524 Jennings Creek Cordell Hull Lake and Dam Project Gainesboro Co: Jackson TN 38562 Landholding Agency: COE Property Number: 31199011486 Status: Unutilized Directions: TN Highway 85 Reasons: Floodway Tracts 2905 and 2907 Webster Cordell Hull Lake and Dam Project Gainesboro Co: Jackson TN 38551 Landholding Agency: COE Property Number: 31199011487 Status: Unutilized Directions: Big Bottom Road Reasons: Floodway Tracts 2200 and 2201 Gainesboro Airport Cordell Hull Lake and Dam Project Gainesboro Co: Jackson TN 38562 Landholding Agency: COE Property Number: 31199011488 Status: Underutilized Directions: Big Bottom Road Reasons: Floodway, Within airport runway clear zone Tracts 710C and 712C Sullivan Island Cordell Hull Lake and Dam Project Carthage Co: Smith TN 37030 Landholding Agency: COE Property Number: 31199011489 Status: Unutilized Directions: Sullivan Bend Road Reasons: Floodway Tract 2403, Hensley Creek Cordell Hull Lake and Dam Project Gainesboro Co: Jackson TN 38562 Landholding Agency: COE Property Number: 31199011490 Status: Unutilized Directions: TN Highway 85 Reasons: Floodway Tracts 2117C, 2118 and 2120 Cordell Hull Lake and Dam Project Trace Creek Gainesboro Co: Jackson TN 38562 Landholding Agency: COE Property Number: 31199011491 Status: Unutilized Directions: Brooks Ferry Road Reasons: Floodway Tracts 424, 425 and 426 Cordell Hull Lake and Dam Project Stone Bridge Carthage Co: Smith TN 37030 Landholding Agency: COE Property Number: 31199011492 Status: Unutilized Directions: Sullivan Bend Road Reasons: Floodway Tract 517 J. Percy Priest Dam and Reservoir Suggs Creek Embayment Nashville Co: Davidson TN 37214 Landholding Agency: COE Property Number: 31199011493 Status: Underutilized Directions: Interstate 40 to S. Mount Juliet Road Reasons: Floodway Tract 1811 West Fork Launching Area Smyrna Co: Rutherford TN 37167 Landholding Agency: COE Property Number: 31199011494 Status: Underutilized Directions: Florence Road near Enon Springs Road Reasons: Floodway Tract 1504 J. Perry Priest Dam and Reservoir Lamon Hill Recreation Area Smyrna Co: Rutherford TN 37167 Landholding Agency: COE Property Number: 31199011495 Status: Underutilized Directions: Lamon Road Reasons: Floodway Tract 1500 J. Perry Priest Dam and Reservoir Pools Knob Recreation Smyrna Co: Rutherford TN 37167 Landholding Agency: COE Property Number: 31199011496 Status: Underutilized Directions: Jones Mill Road Reasons: Floodway Tracts 245, 257, and 256 J. Perry Priest Dam and Reservoir Cook Recreation Area Nashville Co: Davidson TN 37214 Landholding Agency: COE Property Number: 31199011497 Status: Underutilized Directions: 2.2 miles south of Interstate 40 near Saunders Ferry Pike Reasons: Floodway Tracts 107, 109 and 110 Cordell Hull Lake and Dam Project Two Prong Carthage Co: Smith TN 37030 Landholding Agency: COE Property Number: 31199011498 Status: Unutilized Directions: US Highway 85 Reasons: Floodway Tracts 2919 and 2929 Cordell Hull Lake and Dam Project Sugar Creek Gainesboro Co: Jackson TN 38562 Landholding Agency: COE Property Number: 31199011500 Status: Unutilized Directions: Sugar Creek Road Reasons: Floodway Tracts 1218 and 1204 Cordell Hull Lake and Dam Project Granville—Alvin Yourk Road Granville Co: Jackson TN 38564 Landholding Agency: COE Property Number: 31199011501 Status: Unutilized Reasons: Floodway Tract 2100 Cordell Hull Lake and Dam Project Galbreaths Branch Gainesboro Co: Jackson TN 38562 Landholding Agency: COE Property Number: 31199011502 Status: Unutilized Directions: TN Highway 53 Reasons: Floodway Tract 104 et al. Cordell Hull Lake and Dam Project Horshoe Bend Launching Area Carthage Co: Smith TN 37030 Landholding Agency: COE Property Number: 31199011504 Status: Underutilized Directions: Highway 70 N Reasons: Floodway Tracts 510, 511, 513 and 514 J. Percy Priest Dam and Reservoir Project Lebanon Co: Wilson TN 37087 Landholding Agency: COE Property Number: 31199120007 Status: Underutilized Directions: Vivrett Creek Launching Area, Alvin Sperry Road Reasons: Floodway Tract A-142, Old Hickory Beach Old Hickory Blvd. Old Hickory Co: Davidson TN 37138 Landholding Agency: COE Property Number: 31199130008 Status: Underutilized Reasons: Floodway Tract D, 7 acres Cheatham Lock Nashville Co: Davidson TN 37207 Landholding Agency: COE Property Number: 31200020006 Status: Underutilized Reasons: Floodway Tract F-608 Cheatham Lock Ashland Co: Cheatham TN 37015 Landholding Agency: COE Property Number: 31200420021 Status: Unutilized Reasons: Floodway Tracts G702-G706 Cheatham Lock Ashland Co: Cheatham TN 37015 Landholding Agency: COE Property Number: 31200420022 Status: Unutilized Reasons: Floodway 6 Tracts Shutes Branch Campground Lakewood Co: Wilson TN Landholding Agency: COE Property Number: 31200420023 Status: Unutilized Reasons: Floodway Texas Tracts 104, 105-1, 105-2 Joe Pool Lake null Co: Dallas TX Landholding Agency: COE Property Number: 31199010397 Status: Underutilized Reasons: Floodway Part of Tract 201-3 Joe Pool Lake null Co: Dallas TX Landholding Agency: COE Property Number: 31199010398 Status: Underutilized Reasons: Floodway Part of Tract 323 Joe Pool Lake null Co: Dallas TX Landholding Agency: COE Property Number: 31199010399 Status: Underutilized Reasons: Floodway Tract 702-3 Granger Lake Route 1, Box 172 Granger Co: Williamson TX 76530-9801 Landholding Agency: COE Property Number: 31199010401 Status: Unutilized Reasons: Floodway Tract 706 Granger Lake Route 1, Box 172 Granger Co: Williamson TX 76530-9801 Landholding Agency: COE Property Number: 31199010402 Status: Unutilized Reasons: Floodway West Virginia Morgantown Lock and Dam Box 3 RD #2 Morgantown Co: Monongahelia WV 26505 Landholding Agency: COE Property Number: 31199011530 Status: Unutilized Reasons: Floodway London Lock and Dam Route 60 East Rural Co: Kanawha WV 25126 Landholding Agency: COE Property Number: 31199011690 Status: Unutilized Directions: 20 miles east of Charleston, W. Virginia. Reasons: Other—.03 acres; very narrow strip of land Portion of Tract #101 Buckeye Creek Sutton Co: Braxton WV 26601 Landholding Agency: COE Property Number: 31199810006 Status: Excess Reasons: Other—inaccessible [FR Doc. E8-8723 Filed 4-24-08; 8:45 am] BILLING CODE 4210-67-P 73 81 Friday, April 25, 2008 Proposed Rules Part IV Department of Health and Human Services Centers for Medicare & Medicaid 42 CFR Part 412 Medicare Program; Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2009; Proposed Rule DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 412 [CMS-1554-P] RIN 0938-AP19 Medicare Program; Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2009 AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Proposed rule. SUMMARY: This proposed rule would update the prospective payment rates for inpatient rehabilitation facilities
(IRFs)for Federal fiscal year
(FY)2009 (for discharges occurring on or after October 1, 2008 and on or before September 30, 2009) as required under section 1886(j)(3)(C) of the Social Security Act (the Act). Section 1886(j)(5) of the Act requires the Secretary to publish in the **Federal Register** on or before the August 1 that precedes the start of each fiscal year, the classification and weighting factors for the IRF prospective payment system's
(PPS)case-mix groups and a description of the methodology and data used in computing the prospective payment rates for that fiscal year. We are proposing to revise existing policies regarding the PPS within the authority granted under section 1886(j) of the Act. DATES: To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on June 20, 2008. ADDRESSES: In commenting, please refer to file code CMS-1554-P. Because of staff and resource limitations, we cannot accept comments by facsimile
(FAX)transmission. You may submit comments in one of four ways (please choose only one of the ways listed): 1. *Electronically.* You may submit electronic comments on this regulation to *http://www.regulations.gov.* Follow the instructions for “Comment or Submission” and enter the filecode to find the document accepting comments. 2. *By regular mail.* You may mail written comments (one original and two copies) to the following address only: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-1554-P, P.O. Box 8012, Baltimore, MD 21244-8012. Please allow sufficient time for mailed comments to be received before the close of the comment period. 3. *By express or overnight mail.* You may send written comments (one original and two copies) to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-1554-P, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-8012. 4. *By hand or courier.* If you prefer, you may deliver (by hand or courier) your written comments (one original and two copies) before the close of the comment period to either of the following addresses. a. Room 445-G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201 (Because access to the interior of the HHH Building is not readily available to persons without Federal Government identification, commenters are encouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed.) b. 7500 Security Boulevard, Baltimore, MD 21244-1850. If you intend to deliver your comments to the Baltimore address, please call telephone number
(410)786-7195 in advance to schedule your arrival with one of our staff members. Comments mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period. For information on viewing public comments, see the beginning of the SUPPLEMENTARY INFORMATION section. FOR FURTHER INFORMATION CONTACT: Susanne Seagrave,
(410)786-0044, for information regarding the payment policies. Jeanette Kranacs,
(410)786-9385, for information regarding the wage index. SUPPLEMENTARY INFORMATION: *Inspection of Public Comments:* All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following Web site as soon as possible after they have been received: *http://www.regulations.gov.* Follow the search instructions on that Web site to view public comments. Comments received timely will also be available for public inspection as they are received, generally beginning approximately 3 weeks after publication of a document, at the headquarters of the Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Baltimore, Maryland 21244, Monday through Friday of each week from 8:30 a.m. to 4 p.m. To schedule an appointment to view public comments, phone 1-800-743-3951. Table of Contents I. Background A. Historical Overview of the Inpatient Rehabilitation Facility Prospective Payment System (IRF PPS) B. Operational Overview of the Current IRF PPS C. Brief Summary of Proposed Revisions to the IRF PPS for Federal Fiscal Year
(FY)2009 II. Proposed Update to the Case-Mix Group
(CMG)Relative Weights and Average Length of Stay Values for FY 2009 III. Proposed FY 2009 IRF PPS Federal Prospective Payment Rates A. Increase Factor for FY 2009 and Proposed FY 2009 Labor-Related Share B. Proposed Area Wage Adjustment C. Description of the Proposed IRF Standard Payment Conversion Factor and Proposed Payment Rates for FY 2009 D. Example of the Methodology for Adjusting the Proposed Federal Prospective Payment Rates IV. Proposed Update to Payments for High-Cost Outliers Under the IRF PPS A. Proposed Update to the Outlier Threshold Amount for FY 2009 B. Update to the IRF Cost-to-Charge Ratio Ceilings V. Revisions to the Regulation Text in Response to the Medicare, Medicaid, and SCHIP Extension Act of 2007 VI. Post Acute Care Payment Reform VII. Provisions of the Proposed Rule VIII. Collection of Information Requirements IX. Response to Public Comments X. Regulatory Impact Statement Regulation Text Addendum Acronyms Because of the many terms to which we refer by acronym in this proposed rule, we are listing the acronyms used and their corresponding terms in alphabetical order below. ASCA Administrative Simplification Compliance Act, Pub. L. 107-105 BBA Balanced Budget Act of 1997, Pub. L. 105-33 BBRA Medicare, Medicaid, and SCHIP [State Children's Health Insurance Program] Balanced Budget Refinement Act of 1999, Pub. L. 106-113 BIPA Medicare, Medicaid, and SCHIP [State Children's Health Insurance Program] Benefits Improvement and Protection Act of 2000, Pub. L. 106-554 CBSA Core-Based Statistical Area CCR Cost-to-Charge Ratio CFR Code of Federal Regulations CMG Case-Mix Group DRA Deficit Reduction Act of 2005, Pub. L. 109-171 DSH Disproportionate Share Hospital ECI Employment Cost Index FI Fiscal Intermediary FR **Federal Register** FY Federal Fiscal Year GDP Gross Domestic Product HHH Hubert H. Humphrey Building HIPAA Health Insurance Portability and Accountability Act, Pub. L. 104-191 IFMC Iowa Foundation for Medical Care IPF Inpatient Psychiatric Facility IPPS Inpatient Prospective Payment System IRF Inpatient Rehabilitation Facility IRF-PAI Inpatient Rehabilitation Facility-Patient Assessment Instrument IRF PPS Inpatient Rehabilitation Facility Prospective Payment System IRVEN Inpatient Rehabilitation Validation and Entry LIP Low-Income Percentage LTCH Long-Term Care Hospital MAC Medicare Administrative Contractor MEDPAR Medicare Provider Analysis and Review MMA Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Pub. L. 108-173 MSA Metropolitan Statistical Area NAICS North American Industrial Classification System OMB Office of Management and Budget PAI Patient Assessment Instrument PPS Prospective Payment System RAND RAND Corporation RFA Regulatory Flexibility Act, Pub. L. 96-354 RIA Regulatory Impact Analysis RIC Rehabilitation Impairment Category RPL Rehabilitation, Psychiatric, and Long-Term Care Hospital Market Basket SCHIP State Children's Health Insurance Program SIC Standard Industrial Code TEFRA Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97-248 I. Background A. Historical Overview of the Inpatient Rehabilitation Facility Prospective Payment System (IRF PPS) Section 4421 of the Balanced Budget Act of 1997 (BBA, Pub. L. 105-33), as amended by section 125 of the Medicare, Medicaid, and SCHIP (State Children's Health Insurance Program) Balanced Budget Refinement Act of 1999 (BBRA, Pub. L. 106-113), and by section 305 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (BIPA, Pub. L. 106-554), provides for the implementation of a per discharge prospective payment system
(PPS)under section 1886(j) of the Social Security Act (the Act) for inpatient rehabilitation hospitals and inpatient rehabilitation units of a hospital (hereinafter referred to as IRFs). Payments under the IRF PPS encompass inpatient operating and capital costs of furnishing covered rehabilitation services (that is, routine, ancillary, and capital costs) but not direct graduate medical education costs, costs of approved nursing and allied health education activities, bad debts, and other services or items outside the scope of the IRF PPS. Although a complete discussion of the IRF PPS provisions appears in the original, FY 2002 IRF PPS final rule (66 FR 41316) as revised in the FY 2006 IRF PPS final rule (70 FR 47880), we are providing below a general description of the IRF PPS for fiscal years
(FYs)2002 through 2005. Under the IRF PPS from FY 2002 through FY 2005, as described in the FY 2002 IRF PPS final rule (66 FR 41316), the Federal prospective payment rates were computed across 100 distinct case-mix groups (CMGs). We constructed 95 CMGs using rehabilitation impairment categories (RICs), functional status (both motor and cognitive), and age (in some cases, cognitive status and age may not be a factor in defining a CMG). In addition, we constructed five special CMGs to account for very short stays and for patients who expire in the IRF. For each of the CMGs, we developed relative weighting factors to account for a patient's clinical characteristics and expected resource needs. Thus, the weighting factors accounted for the relative difference in resource use across all CMGs. Within each CMG, we created tiers based on the estimated effects that certain comorbidities would have on resource use. We established the Federal PPS rates using a standardized payment conversion factor (formerly referred to as the budget neutral conversion factor). For a detailed discussion of the budget neutral conversion factor, please refer to our FY 2004 IRF PPS final rule (68 FR 45684 through 45685). In the FY 2006 IRF PPS final rule (70 FR 47880), we discussed in detail the methodology for determining the standard payment conversion factor. We applied the relative weighting factors to the standard payment conversion factor to compute the unadjusted Federal prospective payment rates under the IRF PPS from FYs 2002 through 2005. We then applied adjustments for geographic variations in wages (wage index), the percentage of low-income patients, and location in a rural area (if applicable) to the IRF's unadjusted Federal prospective payment rates. In addition, we made adjustments to account for short-stay transfer cases, interrupted stays, and high cost outliers. For cost reporting periods that began on or after January 1, 2002 and before October 1, 2002, we determined the final prospective payment amounts using the transition methodology prescribed in section 1886(j)(1) of the Act. Under this provision, IRFs transitioning into the PPS were paid a blend of the Federal IRF PPS rate and the payment that the IRF would have received had the IRF PPS not been implemented. This provision also allowed IRFs to elect to bypass this blended payment and immediately be paid 100 percent of the Federal IRF PPS rate. The transition methodology expired as of cost reporting periods beginning on or after October 1, 2002 (FY 2003), and payments for all IRFs now consist of 100 percent of the Federal IRF PPS rate. We established a CMS Web site as a primary information resource for the IRF PPS. The Web site URL is *http://www.cms.hhs.gov/InpatientRehabFacPPS/* and may be accessed to download or view publications, software, data specifications, educational materials, and other information pertinent to the IRF PPS. Section 1886(j) of the Act confers broad statutory authority upon the Secretary to propose refinements to the IRF PPS. In the FY 2006 IRF PPS final rule (70 FR 47880) and in correcting amendments to the FY 2006 IRF PPS final rule (70 FR 57166) that we published on September 30, 2005, we finalized a number of refinements to the IRF PPS case-mix classification system (the CMGs and the corresponding relative weights) and the case-level and facility-level adjustments. Any reference to the FY 2006 IRF PPS final rule in this proposed rule also includes the provisions effective in the correcting amendments. For a detailed discussion of the final key policy changes for FY 2006, please refer to the FY 2006 IRF PPS final rule (70 FR 47880 and 70 FR 57166). In the FY 2007 IRF PPS final rule (71 FR 48354), we further refined the IRF PPS case-mix classification system (the CMG relative weights) and the case-level adjustments, to ensure that IRF PPS payments continue to reflect as accurately as possible the costs of care. For a detailed discussion of the FY 2007 policy revisions, please refer to the FY 2007 IRF PPS final rule (71 FR 48354). In the FY 2008 IRF PPS final rule (72 FR 44284), we updated the Federal prospective payment rates and the outlier threshold, revised the IRF wage index policy, and clarified how we determine high-cost outlier payments for transfer cases. For more information on the policy changes implemented for FY 2008, please refer to the FY 2008 IRF PPS final rule (72 FR 44284), in which we published the final FY 2008 IRF Federal prospective payment rates. After publication of the FY 2008 IRF PPS final rule (72 FR 44284), section 115 of the Medicare, Medicaid, and SCHIP Extension Act of 2007, Public Law 110-173, amended section 1886(j)(3)(C) of the Act to apply a zero percent increase factor for FYs 2008 and 2009, effective for IRF discharges occurring on or after April 1, 2008. Section 1886(j)(3)(C) of the Act requires the Secretary to develop an increase factor to update the IRF Federal prospective payment rates for each FY. Based on the legislative change to the increase factor, we revised the FY 2008 Federal prospective payment rates for IRF discharges occurring on or after April 1, 2008. Thus, the final FY 2008 IRF Federal prospective payment rates that were published in the FY 2008 IRF PPS final rule (72 FR 44284) were effective for discharges occurring on or after October 1, 2007 and on or before March 31, 2008; and the revised FY 2008 IRF Federal prospective payment rates will be effective for discharges occurring on or after April 1, 2008 and on or before September 30, 2008. The revised FY 2008 Federal prospective payment rates are available on the CMS Web site at *http://www.cms.hhs.gov/InpatientRehabFacPPS/07_DataFiles.asp#TopOfPage.* B. Operational Overview of the Current IRF PPS As described in the FY 2002 IRF PPS final rule, upon the admission and discharge of a Medicare Part A fee-for-service patient, the IRF is required to complete the appropriate sections of a patient assessment instrument, the Inpatient Rehabilitation Facility-Patient Assessment Instrument (IRF-PAI). All required data must be electronically encoded into the IRF-PAI software product. Generally, the software product includes patient grouping programming called the GROUPER software. The GROUPER software uses specific IRF-PAI data elements to classify (or group) patients into distinct CMGs and account for the existence of any relevant comorbidities. The GROUPER software produces a five-digit CMG number. The first digit is an alpha-character that indicates the comorbidity tier. The last four digits represent the distinct CMG number. Free downloads of the Inpatient Rehabilitation Validation and Entry (IRVEN) software product, including the GROUPER software, are available on the CMS Web site at *http://www.cms.hhs.gov/InpatientRehabFacPPS/06_Software.asp.* Once a patient is discharged, the IRF submits a Medicare claim (a Health Insurance Portability and Accountability Act (HIPAA, Pub. L. 104-191) compliant electronic claim or, if the Administrative Compliance Act (ASCA, Pub. L. 107-105,) permits a paper claim, a UB-04 or a CMS-1450, as appropriate) using the five-digit CMG number and sends it to the appropriate Medicare fiscal intermediary
(FI)or Medicare Administrative Contractor (MAC). Claims submitted to Medicare must comply with both ASCA and HIPAA. Section 3 of the ASCA amends section 1862(a) of the Act by adding paragraph
(22)which requires the Medicare program, subject to section 1862(h) of the Act, to deny payment under Part A or Part B for any expenses for items or services “for which a claim is submitted other than in an electronic form specified by the Secretary.” Section 1862(h) of the Act, in turn, provides that the Secretary shall waive such denial in situations in which there is no method available for the submission of claims in an electronic form or the entity submitting the claim is a small provider. In addition, the Secretary also has the authority to waive such denial “in such unusual cases as the Secretary finds appropriate.” See also the final rule, “Medicare Program; Electronic Submission of Medicare Claims” (70 FR 71008, November 25, 2005). Section 3 of the ASCA operates in the context of the administrative simplification provisions of HIPAA, which include, among others, the requirements for transaction standards and code sets codified in 45 CFR, parts 160 and 162, subparts A and I through R (generally known as the Transactions Rule). The Transactions Rule requires covered entities, including covered healthcare providers, to conduct covered electronic transactions according to the applicable transaction standards. (See the program claim memoranda issued and published by CMS at: *http://www.cms.hhs.gov/ElectronicBillingEDITrans/* and listed in the addenda to the Medicare Intermediary Manual, Part 3, section 3600. CMS instructions for the limited number of Medicare claims submitted on paper are available at: *http://www.cms.hhs.gov/manuals/downloads/clm104c25.pdf.* ) The Medicare FI or MAC processes the claim through its software system. This software system includes pricing programming called the “PRICER” software. The PRICER software uses the CMG number, along with other specific claim data elements and provider-specific data, to adjust the IRF's prospective payment for interrupted stays, transfers, short stays, and deaths, and then applies the applicable adjustments to account for the IRF's wage index, percentage of low-income patients, rural location, and outlier payments. For discharges occurring on or after October 1, 2005, the IRF PPS payment also reflects the new teaching status adjustment that became effective as of FY 2006, as discussed in the FY 2006 IRF PPS final rule (70 FR 47880). C. Brief Summary of Proposed Revisions to the IRF PPS for FY 2009 In this proposed rule, we are proposing to make the following updates to the IRF PPS: • Update the FY 2009 IRF PPS relative weights and average length of stay values using the most current and complete Medicare claims and cost report data, as discussed in section II. • Update the FY 2009 IRF PPS payment rates by the proposed wage index and labor related share in a budget neutral manner, as discussed in sections III.A and B. • Update the outlier threshold amount for FY 2009, as discussed in section IV.A. • Update the cost-to-charge ratio ceiling and the national average urban and rural cost-to-charge ratios for purposes of determining outlier payments under the IRF PPS, as discussed in section IV.B. II. Proposed Update to the CMG Relative Weights and Average Length of Stay Values for FY 2009 As specified in 42 CFR 412.620(b)(1), we calculate a relative weight for each CMG that is proportional to the resources needed by an average inpatient rehabilitation case in that CMG. For example, cases in a CMG with a relative weight of 2, on average, will cost twice as much as cases in a CMG with a relative weight of 1. Relative weights account for the variance in cost per discharge due to the variance in resource utilization among the payment groups, and their use helps to ensure that IRF PPS payments support beneficiary access to care as well as provider efficiency. In this proposed rule, we propose to update the CMG relative weights and average length of stay values using the most recent available data (FY 2006). We propose to do this using the same methodology, with one change, that was described in the original, FY 2002 IRF PPS final rule (66 FR 41316) and the FY 2006 IRF PPS final rule (70 FR 47880, 47887 through 47888). The proposed change to the methodology involves using new, more detailed cost-to-charge ratio
(CCR)data from the cost reports of IRF subprovider units of primary acute care hospitals, instead of CCR data from the associated primary acute care hospitals, to calculate IRFs’ average costs per case. For freestanding IRFs, we propose to continue using CCR data from the freestanding IRF's (that is, the primary hospital's) cost report. Previously, we were only able to use the CCR data from the cost reports of the primary acute care hospitals to estimate the relationship between costs and charges for the IRF subprovider units because those were the best data we had available. However, conceptually, the relationship between costs and charges in the primary acute care hospital could differ from the relationship between costs and charges in the IRF subprovider units. Since the two types of facilities provide a different range of services and treat different populations of patients, it might not be as precise to use the data from the primary acute care hospital to estimate the relationship between costs and charges in the IRF subprovider unit. When we analyzed the CMG relative weights for FY 2009, using both the primary acute care hospital CCRs and the IRF subprovider unit CCRs, we found that the CCRs we used made very little difference in the CMG relative weights. Since the data needed to calculate the IRF subprovider units’ CCRs are now available in enough detail, and since conceptually it is more appropriate to use the cost report data from the IRF subprovider units to estimate the relationship between costs and charges in these IRF subprovider units, we are proposing this change to the methodology. As indicated previously, for freestanding IRFs, we propose to continue using CCR data from the freestanding IRF's (that is, the primary hospital's) cost report. In future years, we would continue to estimate the CMG relative weights using both the primary acute care hospital CCRs and the IRF subprovider unit CCRs to ensure that we continue to use the most appropriate data in updating the CMG relative weights. In calculating the CMG relative weights, we use a hospital-specific relative value method to estimate operating (routine and ancillary services) and capital costs of IRFs. To estimate these costs for FY 2009, we propose to use the CCRs from the IRF subprovider units of primary acute care hospitals, except for the freestanding IRFs (for which we will continue to use the data from the cost report of the primary hospital, as discussed above). For FY 2009, we propose to use the same methodology we used to compute the CMG relative weights for FYs 2002 through 2008, with the one change described above, to update the CMG relative weights to reflect the most recent available data (FY 2006). The process used to calculate the CMG relative weights for this proposed rule follows below: *Step 1.* We calculate the CMG relative weights by estimating the effects that comorbidities have on costs. *Step 2.* We adjust the cost of each Medicare discharge
(case)to reflect the effects found in the first step. *Step 3.* We use the adjusted costs from the second step to calculate CMG relative weights, using the hospital-specific relative value method. *Step 4.* We normalize to the same average CMG relative weight from the CMG relative weights implemented in the FY 2002 IRF PPS final rule (66 FR 41316), the FY 2006 IRF PPS final rule (70 FR 47880), and the FY 2007 IRF PPS final rule (71 FR 48354). (Note that we did not revise the CMG relative weights in the FY 2008 IRF PPS final rule (72 FR 44284)). Consistent with the way we implemented changes to the IRF classification system in the FY 2006 IRF PPS final rule (70 FR 47880 and 70 FR 57166) and the FY 2007 IRF PPS final rule (71 FR 48354), we are proposing to make the revisions to the CMG relative weights for FY 2009 in such a way that total estimated aggregate payments to IRFs for FY 2009 are the same with or without the proposed changes (that is, in a budget neutral manner) by applying a budget neutrality factor to the standard payment amount. To calculate the appropriate proposed budget neutrality factor to apply to the standard payment amount, we propose to use the following steps: *Step 1.* Calculate the estimated total amount of IRF PPS payments for FY 2009 (with no proposed changes to the CMG relative weights). *Step 2.* Apply the proposed changes to the CMG relative weights (as discussed above) to calculate the estimated total amount of IRF PPS payments for FY 2009. *Step 3.* Divide the amount calculated in step 1 by the amount calculated in step 2 to determine the proposed factor (0.9969) that would maintain the same total estimated aggregate payments in FY 2009 with and without the proposed changes to the CMG relative weights. *Step 4.* Apply the proposed budget neutrality factor (0.9969) to the FY 2008 IRF PPS standard payment amount after the application of the budget-neutral wage adjustment factor. In section III.C of this proposed rule, we discuss the proposed methodology for calculating the standard payment conversion factor for FY 2009. Table 1 below, “Proposed Relative Weights and Average Lengths of Stay for Case-Mix Groups,” presents the CMGs, the comorbidity tiers, the proposed corresponding relative weights, and the proposed average length of stay values for each CMG and tier for FY 2009. The average length of stay for each CMG is used to determine when an IRF discharge meets the definition of a short-stay transfer, which results in a per diem case level adjustment. The proposed relative weights and average length of stay values shown in Table 1 are subject to change for the final rule based on analysis of updated data. Table 1.— Proposed Relative Weights and Average Lengths of Stay for Case-Mix Groups CMG CMG Description (M = motor, C = cognitive, A = age) Proposed relative weight Tier 1 Tier 2 Tier 3 None Proposed average length of stay Tier 1 Tier 2 Tier 3 None 0101 Stroke M>51.05 0.7741 0.7243 0.6463 0.6222 8 9 9 9 0102 Stroke M>44.45 and M<51.05 and C>18.5 0.9569 0.8953 0.7989 0.7691 11 11 11 10 0103 Stroke M>44.45 and M<51.05 and C<18.5 1.1184 1.0465 0.9338 0.8990 13 15 12 12 0104 Stroke M>38.85 and M<44.45 1.2008 1.1235 1.0025 0.9651 14 15 13 13 0105 Stroke M>34.25 and M<38.85 1.4207 1.3293 1.1861 1.1419 16 17 15 15 0106 Stroke M>30.05 and M<34.25 1.6395 1.5341 1.3688 1.3178 17 19 17 17 0107 Stroke M>26.15 and M<30.05 1.8826 1.7615 1.5718 1.5132 19 22 20 19 0108 Stroke M<26.15 and A>84.5 2.2430 2.0987 1.8726 1.8028 29 27 24 23 0109 Stroke M>22.35 and M<26.15 and A<84.5 2.1639 2.0247 1.8066 1.7393 22 25 22 22 0110 Stroke M<22.35 and A<84.5 2.6983 2.5247 2.2528 2.1688 30 31 27 27 0201 Traumatic brain injury M>53.35 and C>23.5 0.7957 0.6567 0.5947 0.5509 10 9 8 8 0202 Traumatic brain injury M>44.25 and M<53.35 and C>23.5 1.0090 0.8327 0.7541 0.6985 13 12 10 10 0203 Traumatic brain injury M>44.25 and C<23.5 1.2165 1.0040 0.9092 0.8422 14 13 12 12 0204 Traumatic brain injury M>40.65 and M<44.25 1.3278 1.0959 0.9924 0.9193 15 15 13 13 0205 Traumatic brain injury M>28.75 and M<40.65 1.6060 1.3255 1.2004 1.1119 17 17 16 15 0206 Traumatic brain injury M>22.05 and M<28.75 2.0505 1.6923 1.5326 1.4197 21 21 20 19 0207 Traumatic brain injury M<22.05 2.6905 2.2205 2.0109 1.8627 36 27 25 23 0301 Non-traumatic brain injury M>41.05 1.0947 0.9303 0.8501 0.7640 12 12 11 10 0302 Non-traumatic brain injury M>35.05 and M<41.05 1.4084 1.1969 1.0937 0.9829 14 15 14 13 0303 Non-traumatic brain injury M>26.15 and M<35.05 1.6925 1.4384 1.3144 1.1812 17 18 16 15 0304 Non-traumatic brain injury M<26.15 2.3001 1.9548 1.7862 1.6053 28 24 21 20 0401 Traumatic spinal cord injury M>48.45 0.9524 0.8236 0.7692 0.7107 12 11 10 10 0402 Traumatic spinal cord injury M>30.35 and M<48.45 1.3448 1.1629 1.0862 1.0035 17 16 15 13 0403 Traumatic spinal cord injury M>16.05 and M<30.35 2.2969 1.9863 1.8552 1.7140 30 25 23 22 0404 Traumatic spinal cord injury M<16.05 and A>63.5 4.1471 3.5864 3.3497 3.0946 66 44 38 36 0405 Traumatic spinal cord injury M<16.05 and A<63.5 3.3687 2.9132 2.7209 2.5138 42 30 30 32 0501 Non-traumatic spinal cord injury M>51.35 0.7485 0.6643 0.5859 0.5236 9 9 8 8 0502 Non-traumatic spinal cord injury M>40.15 and M<51.35 1.0121 0.8982 0.7922 0.7080 12 12 11 10 0503 Non-traumatic spinal cord injury M>31.25 and M<40.15 1.3269 1.1777 1.0387 0.9282 15 15 14 12 0504 Non-traumatic spinal cord injury M>29.25 and M<31.25 1.6143 1.4327 1.2637 1.1293 19 19 17 15 0505 Non-traumatic spinal cord injury M>23.75 and M<29.25 1.9083 1.6936 1.4938 1.3349 21 19 19 17 0506 Non-traumatic spinal cord injury M<23.75 2.6059 2.3127 2.0399 1.8229 30 29 24 23 0601 Neurological M>47.75 0.9507 0.7701 0.7182 0.6558 11 11 9 9 0602 Neurological M>37.35 and M<47.75 1.2627 1.0228 0.9539 0.8710 14 13 12 12 0603 Neurological M>25.85 and M<37.35 1.6055 1.3005 1.2129 1.1075 16 16 15 15 0604 Neurological M<25.85 2.1200 1.7172 1.6016 1.4624 25 21 20 18 0701 Fracture of lower extremity M>42.15 0.9081 0.7815 0.7372 0.6629 10 10 10 9 0702 Fracture of lower extremity M>34.15 and M<42.15 1.1867 1.0212 0.9633 0.8662 14 14 13 12 0703 Fracture of lower extremity M>28.15 and M<34.15 1.4492 1.2471 1.1765 1.0579 16 16 15 14 0704 Fracture of lower extremity M<28.15 1.8522 1.5939 1.5037 1.3520 19 20 19 18 0801 Replacement of lower extremity joint M>49.55 0.6786 0.5637 0.5166 0.4690 8 8 7 7 0802 Replacement of lower extremity joint M>37.05 and M<49.55 0.9002 0.7477 0.6853 0.6221 10 10 9 9 0803 Replacement of lower extremity joint M>28.65 and M<37.05 and A>83.5 1.2808 1.0639 0.9750 0.8851 13 13 13 12 0804 Replacement of lower extremity joint M>28.65 and M<37.05 and A<83.5 1.1331 0.9412 0.8625 0.7830 13 12 11 11 0805 Replacement of lower extremity joint M>22.05 and M<28.65 1.4300 1.1879 1.0886 0.9882 16 15 14 13 0806 Replacement of lower extremity joint M<22.05 1.7498 1.4535 1.3320 1.2092 21 19 16 15 0901 Other orthopedic M>44.75 0.8724 0.7428 0.6672 0.5950 12 9 10 9 0902 Other orthopedic M>34.35 and M<44.75 1.1764 1.0016 0.8997 0.8023 13 13 12 11 0903 Other orthopedic M>24.15 and M<34.35 1.5455 1.3159 1.1821 1.0541 16 17 15 14 0904 Other orthopedic M<24.15 1.9922 1.6963 1.5238 1.3588 23 21 20 18 1001 Amputation, lower extremity M>47.65 0.9530 0.9074 0.7850 0.7218 11 16 10 10 1002 Amputation, lower extremity M>36.25 and M<47.65 1.2690 1.2083 1.0452 0.9611 14 15 13 13 1003 Amputation, lower extremity M<36.25 1.8511 1.7625 1.5246 1.4019 19 21 19 18 1101 Amputation, non-lower extremity M>36.35 1.1511 1.0159 0.9562 0.8734 12 13 12 12 1102 Amputation, non-lower extremity M<36.35 1.7909 1.5805 1.4877 1.3589 19 21 18 16 1201 Osteoarthritis M>37.65 1.0383 0.8996 0.8403 0.7356 12 11 11 10 1202 Osteoarthritis M>30.75 and M<37.65 1.3069 1.1323 1.0576 0.9258 13 15 13 12 1203 Osteoarthritis M<30.75 1.6806 1.4561 1.3600 1.1906 16 18 17 16 1301 Rheumatoid, other arthritis M>36.35 1.2933 0.9197 0.8468 0.7603 13 12 11 10 1302 Rheumatoid, other arthritis M>26.15 and M<36.35 1.7330 1.2324 1.1347 1.0188 18 15 14 14 1303 Rheumatoid, other arthritis M<26.15 2.2338 1.5885 1.4625 1.3132 18 21 19 17 1401 Cardiac M>48.85 0.8468 0.7331 0.6541 0.5895 10 10 10 9 1402 Cardiac M>38.55 and M<48.85 1.1260 0.9748 0.8697 0.7838 13 13 12 11 1403 Cardiac M>31.15 and M<38.55 1.4026 1.2142 1.0833 0.9764 14 15 14 13 1404 Cardiac M<31.15 1.7824 1.5430 1.3767 1.2407 19 19 17 16 1501 Pulmonary M>49.25 0.8979 0.8644 0.7627 0.7277 10 11 10 10 1502 Pulmonary M>39.05 and M<49.25 1.1288 1.0867 0.9588 0.9149 12 14 12 12 1503 Pulmonary M>29.15 and M<39.05 1.3885 1.3367 1.1795 1.1254 16 15 15 14 1504 Pulmonary M<29.15 1.7937 1.7267 1.5236 1.4537 22 20 19 17 1601 Pain syndrome M>37.15 0.9517 0.8382 0.7807 0.6881 13 11 11 10 1602 Pain syndrome M>26.75 and M<37.15 1.3184 1.1611 1.0815 0.9532 15 15 13 13 1603 Pain syndrome M<26.75 1.6571 1.4593 1.3593 1.1981 15 19 17 16 1701 Major multiple trauma without brain or spinal cord injury M>39.25 1.0571 0.9515 0.8114 0.7336 12 14 12 10 1702 Major multiple trauma without brain or spinal cord injury M>31.05 and M<39.25 1.4300 1.2870 1.0976 0.9924 16 15 14 13 1703 Major multiple trauma without brain or spinal cord injury M>25.55 and M<31.05 1.6793 1.5114 1.2889 1.1654 20 19 16 15 1704 Major multiple trauma without brain or spinal cord injury M<25.55 2.1809 1.9629 1.6740 1.5135 25 23 20 20 1801 Major multiple trauma with brain or spinal cord injury M>40.85 0.9865 0.9494 0.7674 0.7313 14 13 11 10 1802 Major multiple trauma with brain or spinal cord injury M>23.05 and M<40.85 1.6484 1.5864 1.2823 1.2221 20 19 17 16 1803 Major multiple trauma with brain or spinal cord injury M<23.05 2.8473 2.7401 2.2149 2.1108 38 33 27 25 1901 Guillain Barre M>35.95 1.1894 0.8847 0.8847 0.8847 18 11 13 12 1902 Guillain Barre M>18.05 and M<35.95 2.3954 1.7817 1.7817 1.7817 30 23 21 22 1903 Guillain Barre M<18.05 3.8382 2.8549 2.8549 2.8549 40 36 34 36 2001 Miscellaneous M>49.15 0.8681 0.7274 0.6556 0.5908 10 10 9 8 2002 Miscellaneous M>38.75 and M<49.15 1.1547 0.9676 0.8721 0.7859 12 12 11 11 2003 Miscellaneous M>27.85 and M<38.75 1.4947 1.2525 1.1288 1.0173 16 15 14 13 2004 Miscellaneous M<27.85 1.9862 1.6644 1.5000 1.3518 23 20 19 17 2101 Burns M>0 2.0633 1.8370 1.8370 1.3345 33 23 18 16 5001 Short-stay cases, length of stay is 3 days or fewer 0.1503 3 5101 Expired, orthopedic, length of stay is 13 days or fewer 0.6577 8 5102 Expired, orthopedic, length of stay is 14 days or more 1.6370 20 5103 Expired, not orthopedic, length of stay is 15 days or fewer 0.6924 8 5104 Expired, not orthopedic, length of stay is 16 days or more 1.9305 23 Generally, updates to the CMG relative weights result in some increases and some decreases to the CMG relative weight values. Table 2 shows, overall, how the proposed revisions in this proposed rule would affect particular CMG relative weight values, which affect the overall distribution of payments within CMGs and tiers. Note that, because we propose to implement the CMG relative weight revisions in a budget neutral manner, total estimated aggregate payments to IRFs for FY 2009 would not be affected. However, the proposed revisions would affect the distribution of payments within CMGs and tiers. Table 2.—Distributional Effects of the Proposed Changes to the CMG Relative Weights (FY 2008 Values Compared With FY 2009 Values) Percentage change Number of cases affected Percentage of cases affected Increased by 15% or more 65 0.0 Increased by between 5% and 15% 4,979 1.2 Changed by less than 5% 390,600 96.1 Decreased by between 5% and 15% 1,706 0.4 Decreased by 15% or more 2,531 2.3 As Table 2 shows, over 96 percent of all IRF cases are in CMGs and tiers that would experience less than a 5 percent change (either increase or decrease) in the CMG relative weight value as a result of the proposed revisions. The most significant increase in the proposed CMG relative weight values, in terms of the largest number of cases affected, would be a 3.3 percent increase in the CMG relative weight value for CMG A0802—Replacement of lower extremity joint, motor score greater than 37.05 and motor score less than 49.55—in the “no-comorbidity” tier. In the FY 2006 data, 25,822 IRF discharges were classified into this CMG and tier. We believe that the higher costs reported in this CMG and tier in FY 2006, compared with those reported for this CMG and tier in FY 2003, may reflect recent IRF case mix changes caused, at least in part, by the phase-in of the “75 percent” rule and increased medical review of IRF discharges. These changes to the system have likely increased the complexity of patients being admitted to IRFs, especially among the lower-extremity joint replacement cases with no comorbidities, which do not meet the 75 percent rule criteria and have been the focus of a lot of the medical review activities. These same trends explain the most significant decrease in the proposed CMG relative weight values, in terms of the largest number of cases affected. The proposed revisions would reduce the CMG relative weight value for CMG 5001—Short-stay cases, length of stay is 3 days or fewer—by 31.7 percent. This decrease is associated with a substantial decrease in the number of cases classified into this extremely short-stay CMG, from 10,222 IRF discharges in FY 2003 to 2,376 IRF discharges in FY 2006. We believe that increases in the complexity of IRF patients resulting from the “75 percent” rule and the IRF medical review activities may mean that fewer IRF patients can effectively be treated in IRFs for 3 days or fewer. The changes in the proposed average length of stay values in this proposed rule, compared with the current (FY 2008) average length of stay values, are small and primarily distributional. Some values increase and some decrease, compared with the FY 2008 values. The only notable changes are in 3 of the CMGs for traumatic spinal cord injuries, B0403, B0404, and B0405 (all in tier 1), for which the proposed average length of stay values increased by 8.55 days, 14.92 days, and 9.72 days, respectively. This may, again, be due to increases in the complexity of IRF patients resulting from the “75 percent” rule and the IRF medical review activities. The overall average length of stay in IRFs also increased from 12.8 days in FY 2003 to 13.9 days in FY 2006, which may be attributable to increases in IRFs' case mix over this period. Given the recent changes in IRFs' case mix, we believe that it is especially important to update the CMG relative weights and average length of stay values at this time to reflect these changes. III. Proposed FY 2009 IRF PPS Federal Prospective Payment Rates A. Increase Factor for FY 2009 and Proposed FY 2009 Labor-Related Share Section 1886(j)(3)(C) of the Act requires the Secretary to establish an increase factor that reflects changes over time in the prices of an appropriate mix of goods and services included in the covered IRF services, which is referred to as a market basket index. According to section 1886(j)(3)(A)(i) of the Act, the increase factor shall be used to update the IRF Federal prospective payment rates for each FY. However, section 115 of the Medicare, Medicaid, and SCHIP Extension Act of 2007, Public Law 110-173, amended section 1886(j)(3)(C) of the Act to apply a zero percent increase factor for FYs 2008 and 2009, effective for IRF discharges occurring on or after April 1, 2008. In accordance with section 1886(j)(3)(C) of the Act, as amended by the legislation, we are applying an increase factor of zero percent to update the proposed IRF Federal prospective payment rates for FY 2009 in this proposed rule. We continue to use the methodology described in the FY 2006 IRF PPS final rule to update the labor-related share for FY 2009. In FY 2004, we updated the 1992 market basket data to 1997 based on the methodology described in the FY 2004 IRF PPS final rule (68 FR 45688 through 45689). As discussed in the FY 2006 IRF PPS final rule (70 FR 47915 through 47917), we rebased and revised the market basket for FY 2006 using the 2002-based cost structures for IRFs, inpatient psychiatric facilities (IPFs), and long-term care hospitals (LTCHs) to determine the FY 2006 labor-related share. For FYs 2007 and 2008, we used the same methodology discussed in the FY 2006 IRF PPS final rule (70 FR at 47908 through 47917) to determine the IRF labor-related share. For FY 2009, we continue to use the same methodology discussed in the FY 2006 IRF PPS final rule. The labor-related share for FY 2009 is the sum of the FY 2009 relative importance of each labor-related cost category, and reflects the different rates of price change for these cost categories between the base year (FY 2002) and FY 2009. For this proposed rule, the labor-related share reflects Global Insight's first quarter 2008 forecast. As shown in Table 3, the total FY 2009 Rehabilitation, Psychiatric, and Long-Term Care Hospital Market Basket
(RPL)labor-related share in this proposed rule is 75.691 percent. We propose to update the labor-related share with the most recent available data for the final rule. Table 3.—Proposed FY 2009 IRF RPL Labor-Related Share Relative Importance Cost category Proposed FY 2009 IRF labor-related share relative importance Wages and salaries 52.683 Employee benefits 14.039 Professional fees 2.896 All other labor intensive services 2.137 Subtotal: 71.755 Labor-related share of capital costs (.46) 3.936 Total: 75.691 Source: GLOBAL INSIGHT, INC, 1st QTR, 2008; @USMACRO/CONTROL0308 @CISSIM/TL0208.SIM Historical Data through 4th QTR, 2007. B. Proposed Area Wage Adjustment Section 1886(j)(6) of the Act requires the Secretary to adjust the proportion (as estimated by the Secretary from time to time) of rehabilitation facilities' costs attributable to wages and wage-related costs by a factor (established by the Secretary) reflecting the relative hospital wage level in the geographic area of the rehabilitation facility compared to the national average wage level for those facilities. The Secretary is required to update the IRF PPS wage index on the basis of information available to the Secretary on the wages and wage-related costs to furnish rehabilitation services. Any adjustments or updates made under section 1886(j)(6) of the Act for a FY are made in a budget neutral manner. In the FY 2008 IRF PPS final rule (72 FR 44299), we maintained the methodology described in the FY 2006 IRF PPS final rule to determine the wage index, labor market area definitions, and hold harmless policy consistent with the rationale outlined in the FY 2006 IRF PPS final rule (70 FR 47917 through 47933). For FY 2009, we propose to maintain the policies and methodologies described in the FY 2008 IRF PPS final rule relating to the labor market area definitions and the wage index methodology for areas with wage data. Therefore, this proposed rule continues to use the Core-Based Statistical Area
(CBSA)labor market area definitions and the pre-reclassification and pre-floor hospital wage index data based on 2004 cost report data. When adopting new labor market designations made by the Office of Management and Budget (OMB), we identified some geographic areas where there were no hospitals and, thus, no hospital wage index data on which to base the calculation of the IRF PPS wage index. We continue to use the same methodology discussed in the FY 2008 IRF PPS final rule (72 FR 44299) to address those geographic areas where there are no hospitals and, thus, no hospital wage index data on which to base the calculation of the FY 2009 IRF PPS wage index. Additionally, this proposed rule incorporates the CBSA changes published in the most recent OMB bulletin that applies to the hospital wage data used to determine the current IRF PPS wage index. The changes were nomenclature and did not represent substantive changes to the CBSA-based designations. Specifically, OMB added or deleted certain CBSA numbers and revised certain titles. The OMB bulletins are available online at *http://www.whitehouse.gov/omb/bulletins/index.html* . Finally, as discussed in the FY 2008 IRF PPS final rule (72 FR 44298), FY 2008 was the third and final year of the 3-year phase-out of the budget neutral hold harmless policy. For FY 2008 and beyond, we no longer apply an adjustment for IRFs that meet the criteria described in the FY 2006 final rule (70 FR 47923 through 47926). 1. Clarification of New England Deemed Counties We are taking this opportunity to address the change in the treatment of “New England deemed counties” (that is, those counties in New England listed in § 412.64(b)(1)(ii)(B) that were deemed to be parts of urban areas under section 601(g) of the Social Security Amendments of 1983) that was made in the FY 2008 Inpatient Prospective Payment System
(IPPS)final rule with comment period (72 FR 47337). These counties include the following: Litchfield County, CT; York County, ME; Sagadahoc County, ME; Merrimack County, NH; and Newport County, RI. Of these five “New England deemed counties,” three (York County, ME, Sagadahoc County, ME, and Newport County, RI) are also included in metropolitan statistical areas
(MSAs)defined by OMB and are considered urban under both the current IPPS and IRF PPS labor market area definitions in § 412.64(b)(1)(ii)(A). The remaining two, Litchfield County, CT and Merrimack County, NH, are geographically located in areas that are considered rural under the current IPPS (and IRF PPS) labor market area definitions, but have been previously deemed urban under the IPPS in certain circumstances, as discussed below. In the FY 2008 IPPS final rule with comment period, (72 FR 47337 through 47338), § 412.64(b)(1)(ii)(B) was revised that the two “New England deemed counties” that are still considered rural under the OMB definitions (Litchfield County, CT and Merrimack County, NH), are no longer considered urban, effective for discharges occurring on or after October 1, 2007, and, therefore, are considered rural in accordance with § 412.64(b)(1)(ii)(C). However, for purposes of payment under the IPPS, acute care hospitals located within those areas are treated as being reclassified to their deemed urban area effective for discharges occurring on or after October 1, 2007 (see 72 FR 47337 through 47338). We note that the IRF PPS does not provide for geographic reclassification. Also, in the FY 2008 IPPS final rule with comment period (72 FR 47338), we explained that we limited this policy change for the “New England deemed counties” only to IPPS hospitals, and any change to non-IPPS provider wage indexes would be addressed in the respective payment system rules. Accordingly, as stated above, we are taking this opportunity to clarify the treatment of “New England deemed counties” under the IRF PPS in this proposed rule. As discussed above, the IRF PPS has consistently used the IPPS definition of “urban” and “rural” with regard to the wage index used in the IRF PPS. Under existing § 412.602, an IRF's wage index is determined based on the location of the IRF in an urban or rural area as defined in §§ 412.64(b)(1)(ii)(A) through (C). Historical changes to the labor market area/geographic classifications and annual updates to the wage index values under the IRF PPS are made effective October 1 each year. When we established the most recent IRF PPS payment rate update, effective for discharges occurring on or after October 1, 2007 through September 30, 2008, we considered the “New England deemed counties” (including Litchfield County, CT and Merrimack County, NH) as urban for FY 2008, as evidenced by the inclusion of Litchfield County, CT as one of the constituent counties of urban CBSA 25540 (Hartford-West Hartford-East Hartford, CT), and the inclusion of Merrimack County, NH as one of the constituent counties of urban CBSA 31700 (Manchester-Nashua, NH). As noted above, § 412.602 indicates that the terms “rural” and “urban” are defined according to the definitions of those terms in §§ 412.64(b)(1)(ii)(A) through (C). Applying the IPPS definitions, Litchfield County, CT and Merrimack County, NH are not considered “urban” under §§ 412.64(b)(1)(ii)(A) and
(B)as revised under the FY 2008 IPPS final rule and, therefore, are considered “rural” under § 412.64(b)(1)(ii)(C). Accordingly, reflecting our policy to use the IPPS definitions of “urban” and “rural”, these two counties would be considered “rural” under the IRF PPS effective with the next update of the IRF PPS payment rates, October 1, 2008, and would no longer be included in urban CBSA 25540 (Hartford-West Hartford-East Hartford, CT) and urban CBSA 31700 (Manchester-Nashua, NH), respectively. We note that this policy is consistent with our policy of not taking into account IPPS geographic reclassifications in determining payments under the IRF PPS. We do not need to make any changes to our regulations to effectuate this change. There is one IRF (in Merrimack County, NH) that greatly benefits from treating these counties as rural. This IRF would begin to receive a higher wage index value and the 21.3 percent adjustment that is applied to IRF PPS payments for rural facilities. Currently, there are no IRFs in the following areas: Litchfield County, CT; rural Connecticut; or rural New Hampshire. 2. Multi-Campus Hospital Wage Index Data In the FY 2008 IRF PPS final rule (72 FR 44284, August 7, 2007), we established IRF PPS wage index values for FY 2008 calculated from the same data (collected from cost reports submitted by hospitals for cost reporting periods beginning during FY 2003) used to compute the FY 2007 acute care hospital inpatient wage index, without taking into account geographic reclassification under sections 1886(d)(8) and (d)(10) of the Act. The IRF PPS wage index values applicable for discharges occurring on or after October 1, 2007 through September 30, 2008 are shown in Table 1 (for urban areas) and Table 2 (for rural areas) in the addendum to the FY 2008 IRF PPS final rule (72 FR 44312 through 44335). We are continuing to use IPPS wage data for the FY 2009 IRF PPS Wage Index, because we believe that using the hospital inpatient wage data is appropriate and reasonable for the IRF PPS. We note that the IPPS wage data used to determine the FY 2009 IRF wage index values reflect our policy that was adopted under the IPPS beginning in FY 2008, which apportions the wage data for multi-campus hospitals located in different labor market areas (CBSAs) to each CBSA where the campuses are located (see the FY 2008 IPPS final rule with comment period (72 FR 47317 through 47320)). We computed the FY 2009 IRF PPS wage index values presented in this notice consistent with our pre-reclassified IPPS wage index policy (that is, our historical policy of not taking into account IPPS geographic reclassifications in determining payments under the IRF PPS). For the FY 2009 IRF PPS, we computed the wage index from IPPS wage data (submitted by hospitals for cost reporting periods beginning in FY 2004 and used in the FY 2008 IPPS wage index), which allocated salaries and hours to the campuses of two multi-campus hospitals with campuses that are located in different labor areas, one in Massachusetts and another in Illinois. Thus, the proposed FY 2009 IRF PPS wage index values for the following CBSAs are affected by this policy: Boston-Quincy, MA (CBSA 14484), Providence-New Bedford-Falls River, RI-MA (CBSA 39300), Chicago-Naperville-Joliet, IL (CBSA 16974) and Lake County-Kenosha County, IL-WI (CBSA 29404) (please refer to Table 1 in the addendum of this proposed rule). 3. Methodology for Applying the Proposed Revisions to the Area Wage Adjustment for FY 2009 in a Budget-Neutral Manner To calculate the wage-adjusted facility payment for the payment rates set forth in this proposed rule, we multiply the unadjusted Federal prospective payment by the proposed FY 2009 RPL labor-related share (75.691 percent) to determine the labor-related portion of the Federal prospective payments. We then multiply this labor-related portion by the applicable proposed IRF wage index shown in Table 1 for urban areas and Table 2 for rural areas in the addendum. Adjustments or updates to the IRF wage index made under section 1886(j)(6) of the Act must be made in a budget neutral manner; therefore, we calculated a budget neutral wage adjustment factor as established in the FY 2004 IRF PPS final rule and codified at § 412.624(e)(1), and described in the steps below. We propose to use the following steps to ensure that the FY 2009 IRF standard payment conversion factor reflects the update to the proposed wage indexes (based on the FY 2004 pre-reclassified and pre-floor hospital wage data) and the proposed labor-related share in a budget neutral manner: *Step 1.* Determine the total amount of the estimated FY 2008 IRF PPS rates, using the FY 2008 standard payment conversion factor and the labor-related share and the wage indexes from FY 2008 (as published in the FY 2008 IRF PPS final rule). *Step 2.* Calculate the total amount of estimated IRF PPS payments, using the FY 2008 standard payment conversion factor and the proposed FY 2009 labor-related share and proposed CBSA urban and rural wage indexes. *Step 3.* Divide the amount calculated in step 1 by the amount calculated in step 2, which equals the FY 2009 budget neutral wage adjustment factor of 1.0004. *Step 4* . Apply the FY 2009 budget neutral wage adjustment factor from step 3 to the FY 2008 IRF PPS standard payment conversion factor after the application of the estimated market basket update to determine the FY 2009 standard payment conversion factor. C. Description of the Proposed IRF Standard Payment Conversion Factor and Proposed Payment Rates for FY 2009 To calculate the proposed standard payment conversion factor for FY 2009, as illustrated in Table 5 below, we begin with the standard payment conversion factor for FY 2008. To explain how we determined the standard payment conversion factor for FY 2008, we include Table 4 below. The final FY 2008 IRF standard payment conversion factor that we show in Tables 4 and 5 below is different than the IRF standard payment conversion factor that we finalized in the FY 2008 IRF PPS final rule (72 FR 44284) because we adjusted the IRF standard payment conversion factor for IRF discharges occurring on or after April 1, 2008 to reflect the changes codified in section 115 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Pub. L. 110-173). Section 115 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 amended section 1886(j)(3)(C) of the Act to require the Secretary to apply a zero percent increase factor for FYs 2008 and 2009, effective for discharges occurring on or after April 1, 2008. Section 1886(j)(3)(C) of the Act requires the Secretary to develop an increase factor to update the IRF Federal prospective payment rates for each FY. For a discussion of the increase factor the Secretary typically uses to update the IRF Federal prospective payment rates, see the FY 2008 IRF PPS final rule (72 FR 44284). In the FY 2008 IRF PPS final rule, we used the RPL market basket estimate described in that final rule (3.2 percent) to update the IRF standard payment conversion factor. As shown in Table 3 of the FY 2008 IRF PPS final rule, applying this market basket estimate to the standard payment amount resulted in a final standard payment conversion factor for FY 2008 of $13,451. However, section 115 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 had the effect of changing the increase factor for FY 2008 from 3.2 percent to zero percent for discharges occurring on or after April 1, 2008. This, in turn, had the effect of decreasing the IRF standard payment conversion factor for discharges occurring on or after April 1, 2008. As shown in Table 4, to develop the FY 2008 standard payment conversion factor for discharges beginning on or after April 1, 2008, we started with the FY 2007 standard payment conversion factor that was finalized in the FY 2007 IRF PPS final rule (71 FR 48354). We then multiplied this by the zero percent increase factor, as described above. Then, we applied the same FY 2008 budget neutrality factor (1.0041) for the Wage Index, Labor-Related Share, and the Hold Harmless Provision that was published in the FY 2008 IRF PPS Final Rule (72 FR 44284). This resulted in the final FY 2008 standard payment conversion factor, effective for discharges occurring on or after April 1, 2008, of $13,034. Table 4.—Calculations To Determine the FY 2008 IRF Standard Payment Conversion Factor for Discharges Beginning on or After April 1, 2008 Explanation for adjustment Calculations FY 2007 Standard Payment Conversion Factor (published in the FY 2007 IRF PPS Final Rule (71 FR 48354)) $12,981 Zero Percent Increase Factor for Discharges Occurring on or after April 1, 2008 × 1.0000 Budget Neutrality Factor for the Wage Index, Labor-Related Share, and the Hold Harmless Provision that was published in the FY 2008 IRF PPS Final Rule (72 FR 44284) × 1.0041 Standard Payment Conversion Factor for Discharges Occurring on or After April 1, 2008 = $13,034 As a result, the IRF standard payment conversion factor changed from $13,451 for discharges occurring on or after October 1, 2007 to $13,034 for discharges occurring on or after April 1, 2008. Further, as required by section 115 of the Medicare, Medicaid, and SCHIP Extension Act of 2007, we apply an increase factor of zero percent to the standard payment conversion factor for FY 2009, meaning that it does not change from the current value of $13,034. Next, we apply the proposed combined budget neutrality factor for the FY 2009 wage index and labor related share of 1.0004, which would result in a standard payment amount of $13,039. Finally, we apply the proposed budget neutrality factor for the revised CMG relative weights of 0.9969, which would result in the proposed FY 2009 standard payment conversion factor of $12,999. Table 5.—Calculations to Determine the Proposed FY 2009 Standard Payment Conversion Factor Explanation for adjustment Calculations Standard Payment Conversion Factor for Discharges Occurring on or After April 1, 2008 $13,034 Zero Percent Increase Factor for FY 2009 × 1.0000 Proposed Budget Neutrality Factor for the Wage Index and Labor-Related Share × 1.0004 Proposed Budget Neutrality Factor for the Revisions to the CMG Relative Weights × 0.9969 Proposed FY 2009 Standard Payment Conversion Factor = $12,999 After the application of the CMG relative weights described in section II of this proposed rule, the resulting proposed unadjusted IRF prospective payment rates for FY 2009 are shown below in Table 6, “Proposed FY 2009 Payment Rates.” Table 6.—Proposed FY 2009 Payment Rates CMG Payment rate tier 1 Payment rate tier 2 Payment rate tier 3 Payment rate no comorbidity 0101 $10,062.53 $9,415.18 $8,401.25 $8,087.98 0102 12,438.74 11,638.00 10,384.90 9,997.53 0103 14,538.08 13,603.45 12,138.47 11,686.10 0104 15,609.20 14,604.38 13,031.50 12,545.33 0105 18,467.68 17,279.57 15,418.11 14,843.56 0106 21,311.86 19,941.77 17,793.03 17,130.08 0107 24,471.92 22,897.74 20,431.83 19,670.09 0108 29,156.76 27,281.00 24,341.93 23,434.60 0109 28,128.54 26,319.08 23,483.99 22,609.16 0110 35,075.20 32,818.58 29,284.15 28,192.23 0201 10,343.30 8,536.44 7,730.51 7,161.15 0202 13,115.99 10,824.27 9,802.55 9,079.80 0203 15,813.28 13,051.00 11,818.69 10,947.76 0204 17,260.07 14,245.60 12,900.21 11,949.98 0205 20,876.39 17,230.17 15,604.00 14,453.59 0206 26,654.45 21,998.21 19,922.27 18,454.68 0207 34,973.81 28,864.28 26,139.69 24,213.24 0301 14,230.01 12,092.97 11,050.45 9,931.24 0302 18,307.79 15,558.50 14,217.01 12,776.72 0303 22,000.81 18,697.76 17,085.89 15,354.42 0304 29,899.00 25,410.45 23,218.81 20,867.29 0401 12,380.25 10,705.98 9,998.83 9,238.39 0402 17,481.06 15,116.54 14,119.51 13,044.50 0403 29,857.40 25,819.91 24,115.74 22,280.29 0404 53,908.15 46,619.61 43,542.75 40,226.71 0405 43,789.73 37,868.69 35,368.98 32,676.89 0501 9,729.75 8,635.24 7,616.11 6,806.28 0502 13,156.29 11,675.70 10,297.81 9,203.29 0503 17,248.37 15,308.92 13,502.06 12,065.67 0504 20,984.29 18,623.67 16,426.84 14,679.77 0505 24,805.99 22,015.11 19,417.91 17,352.37 0506 33,874.09 30,062.79 26,516.66 23,695.88 0601 12,358.15 10,010.53 9,335.88 8,524.74 0602 16,413.84 13,295.38 12,399.75 11,322.13 0603 20,869.89 16,905.20 15,766.49 14,396.39 0604 27,557.88 22,321.88 20,819.20 19,009.74 0701 11,804.39 10,158.72 9,582.86 8,617.04 0702 15,425.91 13,274.58 12,521.94 11,259.73 0703 18,838.15 16,211.05 15,293.32 13,751.64 0704 24,076.75 20,719.11 19,546.60 17,574.65 0801 8,821.12 7,327.54 6,715.28 6,096.53 0802 11,701.70 9,719.35 8,908.21 8,086.68 0803 16,649.12 13,829.64 12,674.03 11,505.41 0804 14,729.17 12,234.66 11,211.64 10,178.22 0805 18,588.57 15,441.51 14,150.71 12,845.61 0806 22,745.65 18,894.05 17,314.67 15,718.39 0901 11,340.33 9,655.66 8,672.93 7,734.41 0902 15,292.02 13,019.80 11,695.20 10,429.10 0903 20,089.95 17,105.38 15,366.12 13,702.25 0904 25,896.61 22,050.20 19,807.88 17,663.04 1001 12,388.05 11,795.29 10,204.22 9,382.68 1002 16,495.73 15,706.69 13,586.55 12,493.34 1003 24,062.45 22,910.74 19,818.28 18,223.30 1101 14,963.15 13,205.68 12,429.64 11,353.33 1102 23,279.91 20,544.92 19,338.61 17,664.34 1201 13,496.86 11,693.90 10,923.06 9,562.06 1202 16,988.39 14,718.77 13,747.74 12,034.47 1203 21,846.12 18,927.84 17,678.64 15,476.61 1301 16,811.61 11,955.18 11,007.55 9,883.14 1302 22,527.27 16,019.97 14,749.97 13,243.38 1303 29,037.17 20,648.91 19,011.04 17,070.29 1401 11,007.55 9,529.57 8,502.65 7,662.91 1402 14,636.87 12,671.43 11,305.23 10,188.62 1403 18,232.40 15,783.39 14,081.82 12,692.22 1404 23,169.42 20,057.46 17,895.72 16,127.86 1501 11,671.80 11,236.34 9,914.34 9,459.37 1502 14,673.27 14,126.01 12,463.44 11,892.79 1503 18,049.11 17,375.76 15,332.32 14,629.07 1504 23,316.31 22,445.37 19,805.28 18,896.65 1601 12,371.15 10,895.76 10,148.32 8,944.61 1602 17,137.88 15,093.14 14,058.42 12,390.65 1603 21,540.64 18,969.44 17,669.54 15,574.10 1701 13,741.24 12,368.55 10,547.39 9,536.07 1702 18,588.57 16,729.71 14,267.70 12,900.21 1703 21,829.22 19,646.69 16,754.41 15,149.03 1704 28,349.52 25,515.74 21,760.33 19,673.99 1801 12,823.51 12,341.25 9,975.43 9,506.17 1802 21,427.55 20,621.61 16,668.62 15,886.08 1803 37,012.05 35,618.56 28,791.49 27,438.29 1901 15,461.01 11,500.22 11,500.22 11,500.22 1902 31,137.80 23,160.32 23,160.32 23,160.32 1903 49,892.76 37,110.85 37,110.85 37,110.85 2001 11,284.43 9,455.47 8,522.14 7,679.81 2002 15,009.95 12,577.83 11,336.43 10,215.91 2003 19,429.61 16,281.25 14,673.27 13,223.88 2004 25,818.61 21,635.54 19,498.50 17,572.05 2101 26,820.84 23,879.16 23,879.16 17,347.17 5001 0.00 0.00 0.00 1,953.75 5101 0.00 0.00 0.00 8,549.44 5102 0.00 0.00 0.00 21,279.36 5103 0.00 0.00 0.00 9,000.51 5104 0.00 0.00 0.00 25,094.57 D. Example of the Methodology for Adjusting the Proposed Federal Prospective Payment Rates Table 7 illustrates the proposed methodology for adjusting the Federal prospective payments (as described in sections III.A through III.C of this proposed rule). The examples below are based on two hypothetical Medicare beneficiaries, both classified into CMG 0110 (without comorbidities). The unadjusted Federal prospective payment rate for CMG 0110 (without comorbidities) appears in Table 6 above. One beneficiary is in Facility A, an IRF located in rural Spencer County, Indiana, and another beneficiary is in Facility B, an IRF located in urban Harrison County, Indiana. Facility A, a non-teaching hospital, has a disproportionate share hospital
(DSH)percentage of 5 percent (which results in a low-income percentage
(LIP)adjustment of 1.0309), a wage index of 0.8576, and an applicable rural adjustment of 21.3 percent. Facility B, a teaching hospital, has a DSH percentage of 15 percent (which results in a LIP adjustment of 1.0910), a wage index of 0.9065, and an applicable teaching status adjustment of 0.109. To calculate each IRF's labor and non-labor portion of the Federal prospective payment, we begin by taking the unadjusted Federal prospective payment rate for CMG 0110 (without comorbidities) from Table 6 above. Then, we multiply the estimated labor-related share (75.691) described in section III.A by the unadjusted Federal prospective payment rate. To determine the non-labor portion of the Federal prospective payment rate, we subtract the labor portion of the Federal payment from the unadjusted Federal prospective payment. To compute the wage-adjusted Federal prospective payment, we multiply the result of the labor portion of the Federal payment by the appropriate wage index found in the addendum in Tables 1 and 2, which would result in the wage-adjusted amount. Next, we compute the wage-adjusted Federal payment by adding the wage-adjusted amount to the non-labor portion. Adjusting the Federal prospective payment by the facility-level adjustments involves several steps. First, we take the wage-adjusted Federal prospective payment and multiply it by the appropriate rural and LIP adjustments (if applicable). Second, to determine the appropriate amount of additional payment for the teaching status adjustment (if applicable), we multiply the teaching status adjustment (0.109, in this example) by the wage-adjusted and rural-adjusted amount (if applicable). Finally, we add the additional teaching status payments (if applicable) to the wage, rural, and LIP-adjusted Federal prospective payment rates. Table 7 illustrates the components of the proposed adjusted payment calculation. Table 7.—Example of Computing an IRF-Proposed FY 2009 Federal Prospective Payment Steps Rural Facility A (Spencer Co., IN) Urban Facility B (Harrison Co., IN) 1 Unadjusted Federal Prospective Payment $28,192.23 $28,192.23 2 Labor Share × 0.75691 × 0.75691 3 Labor Portion of Federal Payment = $21,338.98 = $21,338.98 4 CBSA Based Wage Index (shown in the Addendum, Tables 1 and 2) × 0.8576 × 0.9065 5 Wage-Adjusted Amount = $18,300.31 = $19,343.79 6 Non-labor Amount + $6,853.25 + $6,853.25 7 Wage-Adjusted Federal Payment = $25,153.56 = $26,197.04 8 Rural Adjustment × 1.213 × 1.000 9 Wage- and Rural-Adjusted Federal Payment = $30,511.27 = $26,197.04 10 LIP Adjustment × 1.0309 × 1.0910 11 FY 2009 Wage-, Rural- and LIP-Adjusted Federal Prospective Payment Rate = $31,454.07 = $28,580.97 12 FY 2009 Wage- and Rural-Adjusted Federal Prospective Payment $30,511.27 $26,197.04 13 Teaching Status Adjustment × 0.000 × 0.109 14 Teaching Status Adjustment Amount = $0.00 = $2,855.48 15 FY 2009 Wage-, Rural-, and LIP-Adjusted Federal Prospective Payment Rate + $31,454.07 + $28,580.97 16 Total FY 2009 Adjusted Federal Prospective Payment = $31,454.07 = $31,436.44 Thus, the proposed adjusted payment for Facility A would be $31,454.07 and the proposed adjusted payment for Facility B would be $31,436.44. IV. Proposed Update to Payments for High-Cost Outliers Under the IRF PPS A. Proposed Update to the Outlier Threshold Amount for FY 2009 Section 1886(j)(4) of the Act provides the Secretary with the authority to make payments in addition to the basic IRF prospective payments for cases incurring extraordinarily high costs. A case qualifies for an outlier payment if the estimated cost of the case exceeds the adjusted outlier threshold. We calculate the adjusted outlier threshold by adding the IRF PPS payment for the case (that is, the CMG payment adjusted by all of the relevant facility-level adjustments) and the adjusted threshold amount (also adjusted by all of the relevant facility-level adjustments). Then, we calculate the estimated cost of a case by multiplying the IRF's overall CCR by the Medicare allowable covered charge. If the estimated cost of the case is higher than the adjusted outlier threshold, we make an outlier payment for the case equal to 80 percent of the difference between the estimated cost of the case and the outlier threshold. In the FY 2002 IRF PPS final rule (66 FR 41316, 41362 through 41363), we discussed our rationale for setting the outlier threshold amount for the IRF PPS so that estimated outlier payments would equal 3 percent of total estimated payments. Subsequently, we updated the IRF outlier threshold amount in the FYs 2006, 2007, and 2008 IRF PPS final rules (70 FR 47880, 70 FR 57166, 71 FR 48354, and 72 FR 44284) to maintain estimated outlier payments at 3 percent of total estimated payments, and we also stated that we would continue to analyze the estimated outlier payments for subsequent years and adjust the outlier threshold amount as appropriate to maintain the 3 percent target. For this proposed rule, we performed an updated analysis of FY 2006 claims and IRF-PAI data using the same methodology that we used to set the initial outlier threshold amount when we first implemented the IRF PPS in the FY 2002 IRF PPS final rule (66 FR 41316), which is also the same methodology we used to update the outlier threshold amounts for FYs 2006, 2007, and 2008. (Note that the methodology that we use to calculate the appropriate outlier threshold amount for each FY requires us to simulate Medicare payments for that FY, which requires the use of IRF-PAI data. The CMGs and tiers in effect for FY 2009 would be slightly different than those that were in effect for FY 2006, due to revisions that were implemented in the FY 2007 IRF PPS final rule (71 FR 48354). Thus, we use the IRF-PAI data rather than the IRF claims data to classify the FY 2006 patients into the appropriate CMGs and tiers for FY 2009 to simulate payments and thereby calculate the appropriate outlier threshold amount.) We did not update the outlier threshold amounts for FYs 2003, 2004, and 2005 because data from the FYs immediately after we implemented the IRF PPS were not yet available to perform the analysis of the outlier threshold amount for these FYs. For FY 2009, based on an analysis of updated FY 2006 claims and IRF-PAI data, we estimate that IRF outlier payments as a percentage of total estimated payments would be 3.7 percent without the proposed change to the outlier threshold amount. The reason for this change is discussed below. In the FY 2008 IRF PPS final rule (72 FR 44284), we established an outlier threshold amount for FY 2008 that would maintain estimated IRF outlier payments equal to 3 percent of total estimated IRF payments. However, the estimate of the outlier threshold amount for a given FY is dependent upon the estimated total IRF PPS payments for that FY. If estimated total IRF PPS payments for a FY decrease, then the outlier threshold amount must increase to maintain estimated outlier payments at 3 percent of total estimated payments. Further, we use the IRF market basket estimate to project IRF cost increases for each FY. If we project IRF cost increases for a given FY that are larger than the projected increase in IRF PPS payments in that FY, then the outlier threshold amount must increase for that FY to maintain estimated outlier payments at 3 percent of total estimated payments. As discussed previously in this proposed rule, section 115 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Pub. L. 110-173), which amended section 1886(j)(3)(C) of the Social Security Act, required the Secretary to apply a zero percent increase factor for FYs 2008 and 2009, effective for discharges occurring on or after April 1, 2008. The effect of this change was to decrease projected IRF PPS payments after we implemented what would have been the appropriate outlier threshold amount for FY 2008 if the increase factor had not been adjusted mid-year. We estimate that total IRF PPS payments for FY 2008 decreased from approximately $6.5 billion to approximately $6.4 billion as a result of the changes codified in section 115 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Pub. L. 110-173). This reduction in estimated total payments for FY 2008, and lack of increase to estimated total payments for FY 2009 that is an effect of the legislative adjustment to the increase factor for FY 2009 (described above), had the indirect effect of increasing our estimates of outlier payments as a percentage of total estimated payments for FYs 2008 and 2009. We estimate that IRF outlier payments as a percentage of total estimated payments for FY 2008 would exceed 3 percent, because of the change in estimated aggregate IRF PPS payments for FY 2008 that is described above. In addition, we estimate that IRF costs would increase by 3.0 percent (the FY 2009 IRF market basket estimate) between FY 2008 and FY 2009. The combined effect of the estimated decrease in IRF PPS payments for FY 2008, the lack of increase to IRF PPS payments for FY 2009 that is an effect of the legislative adjustment to the increase factor for FY 2009 (described above), and the projected 3.0 percent increase in IRF costs for FY 2009 is to increase estimated IRF outlier payments to 3.7 percent of total estimated payments for FY 2009. This increase in estimated IRF outlier payments as a percentage of total estimated payments for FY 2009 results in a larger than anticipated increase in the outlier threshold amount for FY 2009 to maintain estimated outlier payments at 3 percent of total estimated payments. Based on the updated analysis of FY 2006 claims and IRF-PAI data and the revised estimates of total IRF PPS payments for FYs 2008 and 2009 (as discussed above), we propose to update the outlier threshold amount to $9,191 to maintain estimated outlier payments at 3 percent of total estimated aggregate IRF payments for FY 2009. The outlier threshold amount for FY 2009 is subject to change in the final rule based on analysis of updated data. B. Update to the IRF Cost-to-Charge Ratio Ceilings In accordance with the methodology stated in the FY 2004 IRF PPS final rule (68 FR 45692 through 45694), we apply a ceiling to IRFs' CCRs. Using the methodology described in that final rule, we propose to update the national urban and rural CCRs for IRFs. We apply the national urban and rural CCRs in the following situations: • New IRFs that have not yet submitted their first Medicare cost report. • IRFs whose overall CCR is in excess of the proposed national CCR ceiling for FY 2009, as discussed below. • Other IRFs accurate data which to calculate an overall CCR are not available. Specifically, for FY 2009, we estimate a proposed national average CCR of 0.616 for rural IRFs, which we calculate by taking an average of the CCRs for all rural IRFs for which we have sufficient cost report data. Similarly, we estimate a proposed national CCR of 0.486 for urban IRFs, which we calculate by taking an average of the CCRs for all urban IRFs for which we have sufficient cost report data. We weight both of these averages by the IRFs' estimated costs, meaning that the CCRs of IRFs with higher costs factor more heavily into the averages than the CCRs of IRFs with lower costs. For new IRFs, we use these national CCRs until the facility's actual CCR can be computed using the first settled cost report (either tentative or final, whichever is earlier). In addition, we propose to set the national CCR ceiling at 1.58 for FY 2009. This means that, if an individual IRF's CCR exceeds this ceiling of 1.58 for FY 2009, we would replace the IRF's CCR with the appropriate national average CCR (either rural or urban, depending on the geographic location of the IRF). We estimate the national CCR ceiling by: *Step 1.* Taking the national average CCR of all IRFs for which we have sufficient cost report data (both rural and urban IRFs combined); *Step 2.* Estimating the standard deviation of the national average CCR computed in step 1; Step 3. Multiplying the standard deviation of the national average CCR computed in step 2 by a factor of 3; and *Step 4.* Adding the result from step 3 to the national average CCR of all IRFs for which we have sufficient cost report data, from step 1. We note that the proposed national average rural and urban CCRs and our estimate of the national CCR ceiling in this section are subject to change in the final rule based on analysis of updated data. V. Revisions to the Regulation Text in Response to the Medicare, Medicaid, and SCHIP Extension Act of 2007 Section 115 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Pub. L. 110-173) amended section 5005 of the Deficit Reduction Act of 2005 (DRA, Pub. L. 109-171) to revise the following elements of the 75 percent rule that are used to classify IRFs: • The compliance rate that IRFs must meet to be excluded from the IPPS and to be paid under the IRF PPS shall be no greater than the 60 percent compliance rate that became effective for cost reporting periods beginning on or after July 1, 2006. • Patient comorbidities that satisfy the criteria specified in 42 CFR 412.23(b)(2)(i) shall be included in the calculations used to determine whether an IRF meets the 60 percent compliance percentage for cost reporting periods beginning on or after July 1, 2007. Although section 115 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Pub. L. 110-173) grants the Secretary broad discretion to implement compliance criteria up to 60 percent, we are setting the compliance rate at 60 percent, the highest level possible within current statutory authority, for the reasons discussed below. In addition, we will monitor the impact of the new compliance criteria to ensure that IRFs predominantly treat patients who benefit most from this level of care. We believe that a 60 percent compliance rate implements the provisions of the statute with minimal disruption to IRF operations. The 60 percent compliance rate has been in effect for cost reporting periods beginning on or after July 1, 2005, and the overwhelming majority of IRFs have already adjusted operations to meet or exceed the 60 percent compliance rate. Fewer than 20 IRFs out of approximately 1,250 IRFs nationwide have been declassified since the May 7, 2004 final rule (69 FR 25752) became effective. Thus, a conservative estimate is that over 98 percent of IRFs have been able to meet or exceed the 60 percent compliance rate. Maintaining the 60 percent compliance rate also allows us to more effectively analyze changes in IRF operations and admissions patterns that would be needed to comply with the current statutory requirement to analyze IRF utilization and issue a report to Congress. Finally, we believe that setting the compliance rate at 60 percent, the highest level possible within current statutory authority, will help to ensure that IRFs predominantly treat patients who benefit most from this level of care. Prior to the implementation of section 115 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Pub. L. 110-173), the Medicare regulations in 42 CFR § 412.23(b)(2) specified that a 75 percent compliance rate would become effective, and that comorbidities would no longer be used to determine whether an IRF met the 75 percent rule requirements, for cost reporting periods beginning on or after July 1, 2008. We note that the FY 2009 President's budget proposes a repeal of the provisions in section 115 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Pub. L. 110-173) that require that the compliance rate be set no higher than 60 percent for cost reporting periods beginning on or after July 1, 2006 and that patient comorbidities continue to be used in the calculations for determining whether an IRF meets the compliance percentage for cost reporting periods beginning on or after July 1, 2007. For these reasons, we propose the following revisions to the regulation text in § 412.23(b). Specifically, we propose to remove the following phrases from the first sentence of § 412.23(b)(2)(i): • “and before July 1, 2007;” and • “and for cost reporting periods beginning on or after July 1, 2007 and before July 1, 2008, the hospital has served an inpatient population of whom at least 65 percent,” We also propose to remove § 412.23(b)(2)(ii) in its entirety, redesignate the existing § 412.23(b)(2)(iii) to § 412.23(b)(2)(ii), and revise all references to the previously numbered § 412.23(b)(2)(iii) accordingly. As noted above, we will continue to monitor trends in IRF utilization and spending to ensure that IRFs are treating the types of patients who benefit most from the intensive rehabilitation therapies provided in IRFs. In this regard, we will also continue to work with the Medicare contractors to review the medical necessity of IRF claims. With the IRF compliance rate set below 75 percent, it is particularly important for the Medicare contractors to review the medical necessity of IRF stays, regardless of whether the primary reason for admission is 1 or more of the 13 conditions listed in § 412.23(b)(2)(iii) (which is being redesignated as § 412.23(b)(2)(ii) in this proposed rule). We also believe that it is important for us to work with stakeholders to review the IRF medical necessity criteria to ensure that they reflect the current practice of medicine, and that they are consistently interpreted and applied by the stakeholders. VI. Post Acute Care Payment Reform Under current law, Medicare covers post-acute care
(PAC)services in various care settings, including skilled nursing facilities (SNFs), home health agencies (HHAs), long-term care hospitals (LTCHs), and IRFs. Each of the PAC sites has a separate payment system that relies on different patient assessment instruments, although there is no mandated assessment instrument for LTCHs. The current model is based on provider-oriented “silos” with significant payment differentials existing between provider types that treat similar patients and provide similar services. In the FY 2007 IRF PPS proposed rule (71 FR at 28134), we described our plans to explore refinements to the existing PAC payment methodologies to create a more seamless system for the delivery and payment of PAC services under Medicare. The new model will focus on beneficiary needs rather than provider type and will be characterized by more consistent payments for the same type of care across different sites of service, quality driven pay-for-performance incentives, and collection of uniform clinical assessment information to support quality and discharge planning functions. We also noted in the FY 2007 IRF PPS proposed rule (71 FR at 28134) that section 5008 of the Deficit Reduction Act
(DRA)of 2005 mandates a PAC payment reform demonstration for purposes of understanding costs and outcomes across different PAC sites. To meet this mandate, CMS implemented the PAC Payment Reform Demonstration (PAC-PRD) to examine differences in costs and outcomes for PAC patients of similar case mix who use different types of PAC providers and to develop a standardized patient assessment tool for use at acute care hospital discharge and at PAC admission and discharge. This tool, the Continuity Assessment Record and Evaluation
(CARE)tool, will measure the health and functional status of Medicare acute discharges. During the demonstration, CARE will be completed upon a patient's discharge from the acute care hospital and upon admission and discharge from a PAC setting. The CARE instrument consists of a core set of assessment items that are common to all patients and care settings and are organized under several major domains: Medical, Functional, Cognitive, Social, and Continuity of Care, in addition to supplemental items for specific conditions and care settings. Additional information on the PAC-PRD is available at: *http://www.cms.hhs.gov/DemoProjectsEvalRpts/MD/itemdetail.asp?filterType=dual,%20keyword&filterValue=post%20acute%20care&filterByDID=0&sortByDID=3&sortOrder=descending&itemID=CMS1201325&intNumPerPage=10.* We are interested in receiving public comments on the CARE instrument, and specifically invite comments on how CARE might advance the use of Health Information Technology
(HIT)in automating the process for collecting and submitting quality data. The CARE tool is available at *http://www.cms.hhs.gov/paperworkreductionactof1995/pral/list.asp.* Viewers should scroll down to the entry for CMS-10243, “Data Collection for Administering the Medicare Continuity Assessment Record and Evaluation
(CARE)Instrument.” Viewers can then click on the link to CMS-10243, click on the link to “Downloads,” and open Appendix A (“CARE Tool Item Matrix,” a .pdf file) and Appendix B (“CARE Tool Master Document,” in Microsoft Word). In addition, we wish to take this opportunity to discuss recent developments in the related area of value-based purchasing (VBP). VBP ties payment to performance through the use of incentives based on measures of quality and cost of care. The implementation of VBP is rapidly transforming CMS from being a passive payer of claims to an active purchaser of higher quality, more efficient health care for Medicare beneficiaries. Our VBP initiatives include hospital pay for reporting (the Reporting Hospital Quality Data for the Annual Payment Update Program), physician pay for reporting (the Physician Quality Reporting Initiative), home health pay for reporting, the Hospital VBP Plan Report to Congress, and various VBP demonstration programs across payment settings, including the Premier Hospital Quality Incentive Demonstration and the Physician Group Practice Demonstration. The preventable hospital-acquired conditions
(HAC)payment provision for IPPS hospitals is another of CMS' value-based purchasing initiatives. Section 1886(d)(4)(D) of the Act required the Secretary to select for the HAC IPPS payment provision conditions that:
(a)Are high cost, high volume, or both;
(b)are assigned to a higher-paying diagnosis-related group
(DRG)when present as a secondary diagnosis; and
(c)could reasonably have been prevented through the application of evidence-based guidelines. Beginning October 1, 2008, Medicare can no longer assign an inpatient hospital discharge to a higher-paying MS-DRG if a selected HAC condition was not present on admission. That is, the case will be paid as though the preventable condition that becomes a secondary diagnosis were not present. (Medicare will continue to assign a discharge to a higher-paying MS-DRG in those instances where the selected condition was, in fact, present on admission). The broad principle articulated in the HAC payment provision for IPPS hospitals—of Medicare not paying for these types of preventable conditions—could potentially be applied to other Medicare payment systems for similar conditions that occur in settings other than IPPS hospitals. Other possible settings of care might include hospital outpatient departments, SNFs, HHAs, end-stage renal disease facilities, and physician practices. The implementation would be different for each setting, as each payment system is different and the reasonable preventability through the application of evidence-based guidelines would vary for candidate conditions over the different settings. However, alignment of incentives across settings of care is an important goal for all of CMS' VBP initiatives, including the HAC provision. A related application of the broad principle behind the HAC payment provision for IPPS hospitals could be considered through Medicare secondary payer policy by requiring the provider that failed to prevent the occurrence of a preventable condition in one setting to pay for all or part of the necessary follow-up care in a second setting. This would help shield the Medicare program from inappropriately paying for the downstream effects of a preventable condition acquired in the first setting but treated in the second setting. We note that we are not proposing new Medicare policy in this discussion of the possible application of HACs payment policy for IPPS hospitals to other settings, as some of these approaches may require new statutory authority. Rather, we are seeking public comment on the application of the preventable HACs payment provision for IPPS hospitals to other Medicare payment systems and settings. We look forward to working with stakeholders in the fight against these preventable conditions. VII. Provisions of the Proposed Rule We are proposing to make revisions to the regulation text in response to section 115 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Pub. L. 110-173). Specifically, we are proposing to revise 42 CFR part 412. We discuss these proposed revisions and others in detail below. A. Section 412.23 Excluded Hospitals: Classifications As discussed in section V of this proposed rule, we propose to revise the regulation text in paragraph (b)(2)(i) and remove paragraph (b)(2)(ii) in response to section 115 of the Medicare, Medicaid, and SCHIP Extension Act of 2007. To summarize, for cost reporting periods—
(1)Beginning on or after July 1, 2005, the hospital has served an inpatient population of whom at least 60 percent require intensive rehabilitation services for treatment of one or more of the conditions specified at paragraph (b)(2)(ii) of this section.
(2)A comorbidity that meets the criteria as specified in § 412.23(b)(2)(i) (as amended by removing former (b)(2)(ii) and redesignating former (b)(2)(iii) as the new (b)(2)(ii)) may continue to be used to determine the compliance threshold. B. Additional Proposed Changes • Update the FY 2009 IRF PPS relative weights and average length of stay values using the most current and complete Medicare claims and cost report data, as discussed in section II. • Update the FY 2009 IRF PPS payment rates by the proposed wage index and labor related share in a budget neutral manner, as discussed in section III.A and B. • Update the outlier threshold amount for FY 2009, as discussed in section IV.A. • Update the cost-to-charge ratio ceiling and the national average urban and rural cost-to-charge ratios for purposes of determining outlier payments under the IRF PPS, as discussed in section IV.B. VIII. Collection of Information Requirements This document does not impose information collection and recordkeeping requirements. Consequently, it need not be reviewed by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995. IX. Response to Public Comments Because of the large number of public comments we normally receive on **Federal Register** documents, we are not able to acknowledge or respond to them individually. We will consider all comments we receive by the date and time specified in the DATES section of this preamble and, when we proceed with a subsequent document, we will respond to the comments in the preamble to that document. X. Regulatory Impact Statement We have examined the impact of this proposed rule as required by Executive Order 12866 (September 1993, Regulatory Planning and Review), the Regulatory Flexibility Act (RFA, September 19, 1980, Pub. L. 96-354), section 1102(b) of the Social Security Act, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), Executive Order 13132 on Federalism, and the Congressional Review Act (5 U.S.C. 804(2)). Executive Order 12866 (as amended by Executive Order 13258, which merely reassigns responsibility of duties) directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). A regulatory impact analysis
(RIA)must be prepared for major rules with economically significant effects ($100 million or more in any one year). This proposed rule does not reach the $100 million economic threshold and thus is not considered a major rule. We estimate that the total impact of the proposed changes in this proposed rule would be a decrease of approximately $20 million (this reflects a $20 million decrease due to the proposed update to the outlier threshold amount to decrease estimated outlier payments from approximately 3.3 percent in FY 2008 to 3 percent in FY 2009). The RFA requires agencies to analyze options for regulatory relief of small entities. For purposes of the RFA, small entities include small businesses, nonprofit organizations, and small governmental jurisdictions. Most IRFs and most other providers and suppliers are small entities, either by nonprofit status or by having revenues of $6.5 million to $31.5 million in any one year. (For details, see the Small Business Administration's final rule that set forth size standards for health care industries, at 65 FR 69432, November 17, 2000.) Because we lack data on individual hospital receipts, we cannot determine the number of small proprietary IRFs or the proportion of IRFs' revenue that is derived from Medicare payments. Therefore, we assume that all IRFs (an approximate total of 1,200 IRFs, of which approximately 60 percent are nonprofit facilities) are considered small entities and that Medicare payment constitutes the majority of their revenues. The Department of Health and Human Services generally uses a revenue impact of 3 to 5 percent as a significance threshold under the RFA. Medicare fiscal intermediaries and carriers are not considered to be small entities. Individuals and States are not included in the definition of a small entity. We are not preparing an analysis for the RFA because we have determined, and the Secretary certifies, that this proposed rule would not have a significant economic impact on a substantial number of small entities. In addition, section 1102(b) of the Act requires us to prepare a regulatory impact analysis if a rule may have a significant impact on the operations of a substantial number of small rural hospitals. This analysis must conform to the provisions of section 603 of the RFA. For purposes of section 1102(b) of the Act, we define a small rural hospital as a hospital that is located outside of a Metropolitan Statistical Area and has fewer than 100 beds. We are not preparing an analysis for section 1102(b) of the Act because we have determined, and the Secretary certifies, that this proposed rule would not have a significant impact on the operations of a substantial number of small rural hospitals. Section 202 of the Unfunded Mandates Reform Act of 1995
(UMRA)also requires that agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any one year of $100 million in 1995 dollars, updated annually for inflation. That threshold level is currently approximately $130 million. This proposed rule would not mandate any requirements for State, local, or tribal governments, nor would it affect private sector costs. Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has Federalism implications. As stated above, this proposed rule would not have a substantial effect on State and local governments. In accordance with the provisions of Executive Order 12866, this regulation was reviewed by the Office of Management and Budget. List of Subjects in 42 CFR Part 412 Administrative practice and procedure, Health facilities, Medicare, Puerto Rico, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, the Centers for Medicare & Medicaid Services proposes to amend 42 CFR chapter IV as follows: PART 412—PROSPECTIVE PAYMENT SYSTEMS FOR INPATIENT HOSPITAL SERVICES 1. The authority citation for part 412 continues to read as follows: Authority: Sections 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh). Subpart B—Hospital Services Subject to and Excluded From the Prospective Payment Systems for Inpatient Operating Costs and Inpatient Capital—Related Costs 2. Section 412.23 is amended by— A. Revising paragraph (b)(2)(i). B. Removing paragraph (b)(2)(ii). C. Redesignating paragraph (b)(2)(iii) as (b)(2)(ii). The revision reads as follows: § 412.23 Excluded hospitals: Classifications.
(b)* * *
(2)* * *
(i)For cost reporting periods beginning on or after July 1, 2004 and before July 1, 2005, the hospital has served an inpatient population of whom at least 50 percent, and for cost reporting periods beginning on or after July 1, 2005, the hospital has served an inpatient population of whom at least 60 percent required intensive rehabilitation services for treatment of one or more of the conditions specified at paragraph (b)(2)(ii) of this section. A patient with a comorbidity, as defined at § 412.602, may be included in the inpatient population that counts toward the required applicable percentage if—
(A)The patient is admitted for inpatient rehabilitation for a condition that is not one of the conditions specified in paragraph (b)(2)(ii) of this section;
(B)The patient has a comorbidity that falls in one of the conditions specified in paragraph (b)(2)(ii) of this section; and (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplemental Medical Insurance Program) Dated: March 20, 2008. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. Approved: April 10, 2008. Michael O. Leavitt, Secretary. BILLING CODE 4120-01-P EP25AP08.182 EP25AP08.183 EP25AP08.184 EP25AP08.185 EP25AP08.186 EP25AP08.187 EP25AP08.188 EP25AP08.189 EP25AP08.190 EP25AP08.191 EP25AP08.192 EP25AP08.193 EP25AP08.194 EP25AP08.195 EP25AP08.196 EP25AP08.197 EP25AP08.198 EP25AP08.199 EP25AP08.200 EP25AP08.201 EP25AP08.202 EP25AP08.203 EP25AP08.204 EP25AP08.205 [FR Doc. 08-1174 Filed 4-21-08; 8:45 am]
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  • 12 CFR 792
  • 5 CFR 1320
  • Pub. L. 105-277
  • 21 CFR 1300
  • Pub. L. 101-647
  • Pub. L. 108-358
  • 21 CFR 1301
  • 21 CFR 302.03-1302
  • 21 CFR 1306.03-1306
  • 21 CFR 1312
  • 5 USC 601-612
  • 26 CFR 1
  • 26 CFR 20
  • 312 U.S. 443
  • 347 F. Supp. 95
  • 33 CFR 100
  • Pub. L. 104-121
  • 44 USC 3501-3520
  • 2 USC 1531-1538
  • 42 USC 4321-4370f
  • 33 USC 1233
  • 40 CFR 81.305
  • 40 CFR 50
  • 144 F.3d 984
  • 265 F.3d 526
  • 40 CFR 51
  • 40 CFR 93
  • 40 CFR 93.118(a)
  • 40 CFR 93.118(e)(4)
  • 40 CFR 93.124(b)
  • 40 CFR 93.102(b)(2)(iii)
  • Pub. L. 104-4
  • 40 CFR 81
  • 40 CFR 79
  • 40 CFR 2
  • Pub. L. 104-13
  • Pub. L. 108-7
  • Pub. L. 108-199
  • Pub. L. 108-447
  • 41 USC 46-48c
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F. Supp.347 F. Supp. 95
F. App'x144 F.3d 984
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