Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · REGISTER · 2008-04-30 · National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce · Notices

Notices. Final rule; postponement of effective date

71,105 words·~323 min read·/register/2008/04/30/08-1201

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

BILLING CODE 4910-59-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 071130780-8013-02] RIN 0648-AU32 Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Amendment 11 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; postponement of effective date. SUMMARY: This final rule postpones from June 1, 2008, to July 1, 2008, the effective date of the limited access general category
(LAGC)scallop permit requirements, and specified related requirements, that are included in the final rule for Amendment 11 to the Atlantic Sea Scallop Fishery Management Plan (Amendment 11). This final rule is intended to provide the industry with additional time to comply with the new LAGC scallop permit requirements. DATES: The effective date of the following amendments published on April 14, 2008 (73 FR 70090) is delayed from June 1, 2008 to July 1, 2008: § 648.4(a)(1)(i)(I)( *3* ), (a)(2)(ii), and § 648.9(c)(2)(i)(D); § 648.10(b)(1)(i), (b)(1)(iii), (b)(1)(iv), and (b)(4)(i) through (iv); § 648.14(a)(56), (a)(57), (h)(1), (h)(28), and (i); § 648.52; § 648.54(b); § 648.59(b)(5)(ii), (c)(5)(ii), (d)(5)(ii), and (e)(4)(ii); and § 648.60(a), introductory text, (g)(1) and (2), and (g)(3) introductory text. ADDRESSES: A final supplemental environmental impact statement (FSEIS) was prepared for Amendment 11 that describes the action and other considered alternatives and provides a thorough analysis of the impacts of the approved measures and alternatives. Copies of Amendment 11 and the FSEIS are available on request from Paul J. Howard, Executive Director, New England Fishery Management Council (Council), 50 Water Street, Newburyport, MA 01950. These documents are also available online at: *http://www.nero.noaa.gov/nero/hotnews/scallamend11/* Written comments regarding the burden-hour estimate or other aspects of the collection-of-information requirements contained in this final rule should be submitted to the Regional Administrator at 1 Blackburn Drive, Gloucester, MA, 01930, and by e-mail to *David_Rostker@omb.eop.gov* , or fax to 202-395-7285. FOR FURTHER INFORMATION CONTACT: Peter Christopher, Fishery Policy Analyst, phone 978-281-9288, fax 978-281-9135. SUPPLEMENTARY INFORMATION: The final rule to implement the measures in Amendment 11 was published in the **Federal Register** on April 14, 2008 (73 FR 70090). Among the measures established is a requirement that any vessel that wishes to fish for scallops under general category rules after May 31, 2008, is required to possess an LAGC scallop permit. The final rule provided 45 days for the industry to comply with the requirement. However, given the time it may take NMFS to review, process, and issue a permit once an application is received, this would provide very limited time for applicants to complete the permit application that has been provided to them. Some vessel owners may also need to purchase and install new vessel monitoring systems
(VMS)in order to comply with the VMS operation and reporting requirements of the LAGC scallop permits. As a result, NMFS has determined that applicants should be allowed an additional 30 days, through June 30, 2008, to comply with the requirement to be issued an LAGC scallop permit. Because some of the provisions in Amendment 11 are specific to vessels issued LAGC scallop permits, the effective date of these related measures has been postponed to July 1, 2008, as well. These include VMS notification requirements, prohibitions, possession and landing limits, the state waters exemption, Sea Scallop Access Area provisions, and Sea Scallop Access Area program requirements that are applicable to LAGC scallop permits. Without postponing these additional restrictions, there would be no applicable restrictions in effect for vessels that have an open access general category permit after June 1, 2008. Classification The Administrator, Northeast Region, NMFS, has determined that delaying the effective date of the specified Amendment 11 provisions is consistent with the analysis, objectives, and determinations of Amendment 11 and the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws. This final rule refers to collection-of-information requirements subject to the Paperwork Reduction Act
(PRA)and which have been approved by OMB under control number 0648-0491. Public reporting burden for these collections of information are estimated to average as follows: 1. Initial application for an IFQ scallop permit, OMB#0648-0491-30 min per response; 2. Initial application for an NGOM or Incidental scallop permit, OMB #0648-0491-15 min per response; 3. Completion of ownership cap form for IFQ scallop vessel owners, OMB #0648-0491-5 min per response; 4. Appeal for an LAGC scallop permit and IFQ scallop vessel contribution factor, OMB #0648-0491-2 hr per response; 5. Application for a vessel replacement or confirmation of permit history OMB #0648-0491-3 hr per response; 6. Purchase and installation of a VMS unit for general category scallop vessels, OMB #0648-0491-2 hr per response; 7. IFQ scallop vessel VMS trip notification requirements, OMB #0648-0491-2 min per response; 8. NGOM scallop fishery VMS trip notification requirements, OMB #0648-0491-2 min per response; 9. Incidental catch vessel VMS trip notification requirements, OMB #0648-0491-2 min per response; 10. Pre-landings VMS notification requirements, OMB #0648-0491-5 min per response; 11. Application for an IFQ transfer, OMB #0648-0491 -10 min per response; 12. Electronic payment of cost recovery payment, OMB #0648-0491-2 hr per response; 13. LAGC scallop fishery sector applications, OMB #0648-0491-150 hr per response; and 14. Sector operations plans, OMB #0648-0491-100 hr per response. These estimates include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection information. Send comments regarding these burden estimates, or any other aspect of this data collection, including suggestions for reducing the burden, to NMFS (see ADDRESSES ) and by e-mail to *David_Rostker@omb.eop.gov* , or fax to 202-395-7285. Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to 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. This final rule has been determined to be not significant for purposes of Executive Order 12866. Pursuant to 5 U.S.C. 533(b)(B), there is good cause to waive prior notice and opportunity for public comment on this action. Given the imminence of the effective date, seeking prior public comment on this temporary stay would have been impracticable, as well as contrary to the public interest in the orderly promulgation and implementation of regulations. It is unlikely that vessel owners would be able to comply with the requirement to be issued a permit by June 1, 2008, despite their best efforts. As a result, vessel owners that could not acquire an LAGC scallop permit would be prohibited from fishing for scallops, or would be subject to enforcement action, through no fault of their own. This final rule is exempt from the procedures of the Regulatory Flexibility Act because the rule is issued without opportunity for prior notice and opportunity for public comment. Dated: April 24, 2008. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. E8-9504 Filed 4-29-08; 8:45 am] BILLING CODE 3510-22-S 73 84 Wednesday, April 30, 2008 Proposed Rules DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 2 Fish and Wildlife Service 50 CFR Part 27 RIN 1024-AD70 General Regulations for Areas Administered by the National Park Service and the Fish and Wildlife Service AGENCIES: Fish and Wildlife Service and National Park Service, Interior. ACTION: Proposed rule. SUMMARY: The Department of the Interior, through the National Park Service and the Fish and Wildlife Service, proposes to amend regulations presently codified in 36 CFR part 2 and 50 CFR part 27, which provide guidance and controls for the possession and transportation of firearms in national park areas and national wildlife refuges. The proposed amendments would update the regulations to reflect current state laws authorizing the possession of concealed firearms, while maintaining the existing regulatory provisions that ensure visitor safety and resource protection such as the prohibitions on poaching and limitations on hunting and target practice. DATES: Written comments will be accepted through June 30, 2008. ADDRESSES: You may submit comments, identified by the number 1024-AD70 by any of the following methods: — *Federal rulemaking portal: http://www.regulations.gov.* Follow the instructions for submitting comments. — *Mail:* Public Comments Processing, Attn: 1024-AD70; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203. — *Hand-deliver:* 4401 North Fairfax Drive, Suite 222, Arlington, VA 22203. Public Availability of Comments Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. FOR FURTHER INFORMATION CONTACT: Mark Lawyer,
(202)208-3181, *Mark_Lawyer@ios.doi.gov* . SUPPLEMENTARY INFORMATION: Background A core tenet of our system of government is that States have the prerogative to develop their own policies and standards in many areas, and this principle has long been honored with respect to policies governing the possession of firearms. Recognizing the importance of this long-standing tradition, we believe that federal agencies have a responsibility to recognize the competence of the States in this area, and that federal regulations should be developed and implemented in a manner that respects “state prerogatives and authority.” Cf. Executive Order 13132 of August 10, 1999 (“Federalism”). This proposed regulation is intended to give greater effect to these principles. As discussed below, forty-eight States authorize citizens to carry concealed weapons for the purpose of self-defense. Existing federal regulations governing firearms in national parks and national wildlife refuges, promulgated before many of these State laws were in effect, properly limit poaching and target practice, but unnecessarily disable or limit the ability of law-abiding citizens to possess, carry, and transport a concealed firearm. The Department believes that Federal regulations should be amended to defer to this development in State law, particularly where, as in this case, the deference can be achieved without harm to the visitors or resources the regulations are designed to protect. The existing regulations contained in Part 2 of Title 36, and Part 27 of Title 50 of the Code of Federal Regulations are used by the National Park Service
(NPS)and the Fish and Wildlife Service
(FWS)to protect the natural and cultural resources of park areas and refuges, and to protect visitors and property within those lands. In their current form, these regulations generally prohibit visitors from possessing an operable and loaded firearm in areas administered by these bureaus unless the firearm is used for lawful hunting activities, target practice in areas designated by special regulations, or other purposes related to the administration of federal lands in Alaska. The regulations also allow visitors to transport firearms through parks and refuges subject to limitations that generally require the firearm to be unloaded and rendered inoperable or inaccessible. The current FWS and NPS regulations were last substantively updated in 1981 and 1983, respectively. Forty eight States now provide for the possession of concealed firearms by their citizens. In many States, the authority to carry loaded and operable concealed firearms extends to State park and refuge lands, whether expressly or by operation of law. Since the Federal regulations have remained unchanged during this time, the provisions fail to distinguish between firearms used by the general public for recreational purposes and the concealed and loaded weapons a limited number of citizens may now carry pursuant to state authorities. This restricts fundamental freedoms without yielding the benefits the regulations were promulgated to achieve. It also results in unnecessary limitations on the applicability of state law. The Department's intent in undertaking this rulemaking process is to better respect the ability of states to determine who may lawfully possess a firearm within their borders while preserving the Federal government's authority to manage its lands, buildings, and facilities. Mindful of that objective, the Department proposes to amend existing regulations in order to allow individuals to carry concealed weapons in park units and refuges to the extent that they could lawfully do so on analogous state-administered lands. In this regard, the proposal is not designed to authorize firearms possession in federal facilities, or when otherwise forbidden by state or federal law. Rather, the Department's proposed rule is intended to respect state authority in a similar manner to that adopted in existing regulations by the Bureau of Land Management and the U.S. Forest Service. Each of these agencies authorizes the possession of loaded and concealed weapons consistent with the applicable authorities of the state in which the lands are located. By adopting state law in this manner, the Department continues a tradition of managing federal lands in cooperation with states. This often includes the adoption of non-conflicting state authorities. For example, the FWS and NPS have adopted state laws and regulations in the areas of hunting, fishing, and boating. Under the proposed amendment, visitors must have authority to possess loaded and concealed firearms on analogous state lands before they will be allowed to carry firearms in Federal park areas and refuges. In practice, this will mean that two conditions must be met in order for this proposed regulatory change to permit the possession of firearms on federal parks and refuges. First, the state in which the park or refuge unit is located must have laws that allow the individual to possess concealed and loaded firearms. And second, the authorization to carry a concealed and loaded firearm must be applicable on the analogous state lands in the State in which the park or refuge is located. Where these conditions are present, the proposed amendments will accommodate State prerogatives with respect to recognition of licenses issued by other States, including reciprocity agreements. Individuals authorized to carry firearms under this rule will continue to be subject to all other applicable state and federal laws. Accordingly, as stated above, this rule does not authorize the carrying of concealed firearms in federal facilities in national parks and wildlife refuges. The Department recognizes that national park areas and wildlife refuges may present resource management obligations that differ from those of state park units and wildlife areas. National park areas and refuges are often located in close proximity to state parks or refuges, and visitors to these sites may frequently travel through a combination of federal and state lands during the course of a visit. In these circumstances, we believe that adopting the state standards for the possession of firearms on federal lands will promote uniformity of application, better visitor understanding of the requirements, visitor safety, resource protection, and increased cooperation between state and federal law enforcement officials. The Department believes that the proposed amendments give greater effect to principles of Federalism while maintaining protection of visitors and the values that have led to the establishment of park areas and wildlife refuges. We note that a number of individuals throughout America have obtained permits to carry firearms under state laws, most of which require background screening and some form of training or certification in gun safety. Moreover, a number of states also allow individuals to carry operable and concealed firearms in state park areas or wildlife refuges. We strongly endorse the principle that States have the prerogative to develop appropriate policies and standards in this area, and believe that our management of parks and refuges should give the greatest respect to the democratic judgments of State Legislatures. Section-by-Section Analysis 36 CFR Part 2 Section 2.4—Weapons, Traps, and Nets Current Section 2.4 generally prohibits visitors from possessing an operable and loaded firearm in park areas unless the firearm is used for lawful hunting activities, target practice in areas designated by special regulations, or other purposes related to the administration of federal lands in Alaska. Under the proposed amendment, an individual will be able to possess, carry, and transport concealed, loaded, and operable firearms within a national park area in the same manner, and to the same extent, that a person may lawfully possess, carry, and transport concealed, loaded and operable firearms in any state park in the state in which the federal park, or that portion thereof, is located. Possession of concealed firearms in national parks as authorized by this section must also conform to applicable federal laws. 50 CFR Part 27 Section 27.42—Firearms The current regulation in Section 27.42 generally prohibits visitors from possessing an operable and loaded firearm in a national wildlife refuge unless the firearm is used for lawful hunting activities. Under the proposed amendment, an individual will be able to possess, carry, and transport concealed, loaded, and operable firearms within a national wildlife refuge in the same manner, and to the same extent, that a person may lawfully possess, carry, and transport concealed, loaded and operable firearms in any state wildlife refuge, or any functionally similar unit of state land, in the state in which the national wildlife refuge, or that portion thereof, is located. Functionally similar state lands will include, but not be limited to State wildlife management areas and state game areas. Possession of concealed firearms in national wildlife refuges as authorized by this section must also conform to applicable federal laws. Compliance With Laws, Executive Orders, and Department Policy Regulatory Planning and Review (Executive Order 12866) This document is a significant rule and is subject to review by the Office of Management and Budget
(1)This rule will not have an effect of $100 million or more on the economy. It will not adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities.
(2)This rule will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency.
(3)This rule does not alter the budgetary effects of entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients.
(4)This rule raises novel legal or policy issues. Regulatory Flexibility Act The Department of the Interior certifies that this document will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Small Business Regulatory Enforcement Fairness Act (SBREFA) This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule: a. Does not have an annual effect on the economy of $100 million or more. b. Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. c. Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Unfunded Mandates Reform Act This rule does not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. The rule does not have a significant or unique effect on State, local, or tribal governments or the private sector. Takings (Executive Order 12630) In accordance with Executive Order 12630, the rule does not have significant takings implications. Federalism (Executive Order 13132) In accordance with Executive Order 13132, the rule does not require the preparation of a federalism assessment. Civil Justice Reform (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. Paperwork Reduction Act This regulation does not require an information collection under the Paperwork Reduction Act. National Environmental Policy Act We are required under the National Environmental Policy Act
(NEPA)by Departmental guidelines in 516 DM 6, (49 FR 21438) to assess the impact of any Federal action significantly affecting the quality of the human environment, health, and safety. We are currently working to determine the appropriate level of NEPA assessment and documentation that will be required for promulgation of this regulation. Government-to-Government Relationship with Tribes In accordance with Executive Order 13175 “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249), the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments” (59 FR 22961), and 512 DM 2, the Department will consult with federally recognized tribal governments throughout the development of the regulation to jointly evaluate and address the potential effects, if any, of the proposed regulatory action. Clarity of This Regulation We are required by Executive Orders 12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must:
(a)Be logically organized;
(b)Use the active voice to address readers directly;
(c)Use clear language rather than jargon;
(d)Be divided into short sections and sentences; and
(e)Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in the ADDRESSES section. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that are unclearly written, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc. List of Subjects 36 CFR Part 2 National parks. 50 CFR Part 27 Wildlife refuges. In consideration of the foregoing, we propose to amend part 2 of title 36 and part 27 of title 50 of the Code of Federal Regulations as follows: Title 36—Parks, Forests, and Public Property CHAPTER I—NATIONAL PARK SERVICE, DOI PART 2—RESOURCE PROTECTION, PUBLIC USE AND RECREATION 1. The authority citation for part 2 continues to read as follows: Authority: 16 U.S.C. 1, 3, 9a, 17j-2, 462. 2. Amend § 2.4 by adding a new paragraph
(h)to read as follows: § 2.4 Weapons, traps and nets.
(h)A person may possess, carry, and transport concealed, loaded, and operable firearms within a national park area in the same manner, and to the same extent, that a person may lawfully possess, carry, and transport concealed, loaded and operable firearms in any state park, or any similar unit of state land, in the state in which the federal park, or that portion thereof, is located, provided that such possession, carrying and transporting otherwise complies with applicable federal and state law Title 50—Wildlife and Fisheries CHAPTER I—UNITED STATES FISH AND WILDLIFE SERVICE, DOI PART 27—PROHIBITED ACTS 1. The authority citation for part 27 continues to read as follows: Authority: Sec. 2, 33 Stat. 614, as amended (16 U.S.C. 685); Sec. 5, 43 Stat. 651 (16 U.S.C. 725); Sec. 5, Stat. 449 (16 U.S.C. 690d); Sec. 10, 45 Stat. 1224 (16 U.S.C. 715i); Sec. 4, 48 Stat. 402, as amended (16 U.S.C. 664); Sec. 2, 48 Stat. 1270 (43 U.S.C. 315a); 49 Stat. 383 as amended; Sec. 4, 76 Stat. (16 U.S.C. 460k); Sec. 4, 80 Stat. 927 (16 U.S.C. 668dd) (5 U.S.C. 685, 752, 690d); 16 U.S.C. 715s). Subpart D—Disturbing Violations: With Weapons 2. Amend § 27.42 by adding a new paragraph
(e)to read as follows: § 27.42 Firearms.
(e)Persons may possess, carry, and transport concealed, loaded, and operable firearms within a national wildlife refuge in the same manner, and to the same extent, that a person may lawfully possess, carry, and transport concealed, loaded and operable firearms in any state wildlife refuge, or any similar unit of state land, in the state in which the national wildlife refuge, or that portion thereof, is located, provided that such possession, carrying and transporting otherwise complies with applicable federal and state law. Dated: April 25, 2008. Lyle Laverty, Assistant Secretary of the Interior for Fish and Wildlife and Parks. [FR Doc. E8-9606 Filed 4-29-08; 8:45 am] BILLING CODE 4312-52-P LIBRARY OF CONGRESS Copyright Office 37 CFR Part 202 [Docket No. 2007-9] Registration of Claims to Copyright, Group Registration Options AGENCY: Copyright Office, Library of Congress. ACTION: Notice of Proposed Rulemaking. SUMMARY: The Copyright Office of the Library of Congress is proposing to amend its regulations governing the registration options which allow grouping of individual works to be registered using one application to require online submission for these options. DATES: Comments must be received on or before May 30, 2008. ADDRESSES: If hand delivered by a private party, an original and five copies of the comments should be brought to Room 401 of the James Madison Building between 8:30 a.m. and 5 p.m. The material should be addressed as follows: Office of the General Counsel, Library of Congress, James Madison Building, LM-401, Washington, DC, 20559-6000. If delivered by a commercial courier, an original and five copies must be delivered to the Congressional Courier Acceptance Site (“CCAS”) located at 2nd and D Streets, NE, Washington, DC between 8:30 a.m. and 4 p.m. The envelope should be addressed as follows: Office of the General Counsel, U.S. Copyright Office, LM 401, James Madison Building, 101 Independence Avenue, SE, Washington, DC. Please note that CCAS will not accept delivery by means of overnight delivery services such as Federal Express, United Parcel Service or DHL. If sent by mail (including overnight delivery using U.S. Postal Service Express Mail), an original and five copies should be addressed to U.S. Copyright Office, Copyright GC/I&R, P.O. Box 70400, Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Tanya M. Sandros, General Counsel, Copyright GC/I&R, P.O. Box 70400, Washington, DC 20024-0977. Telephone:
(202)707-8380. Telefax:
(202)252-3423. SUPPLEMENTARY INFORMATION: Background When Congress enacted its major revision to the copyright law in 1976, it provided for a single registration for a group of related works, 17 U.S.C. 408(c)(1) and explained in the legislative history the need for liberalization in allowing the Register to set registration options in which a group of related works might be registered together. House Report, H.R. Rep. No. 1476, 94th Cong., 2d Sess. (1976). Congress pointed out the “unnecessary burdens and expenses” connected with requiring separate registrations [including multiple sets of application forms and multiple fees] for separate works. Congress even gave examples where a single registration might be made rather than multiple registrations, including the various editions or issues of a daily newspaper or a group of photographs by one photographer. *Id* . at 154. To accommodate this need, the Register has issued regulations offering a group registration option in which published, related individual works of authorship may be aggregated and submitted for registration for one fee, using one application form, and sending one group of required deposit copies. The group registration option may be used to register a group of serial issues first published on or after January 7, 1991, at intervals of a week or longer within a 3-month period during the same calendar year; a group of newspapers published within the same month; a group of newsletter issues first published on or after July 1, 1999, with the claim including two or more issues within a single calendar month within the same calendar year; a group of contributions to a periodical, including a newspaper, by the same individual author; a group of published photographs by the same photographer, whether the author is an individual or an employer for hire, first published in the same calendar year; and a group of updates or revisions to a database, added over a period of time, whether or not they are published. On-line Group Registration As the Copyright Office prepares for full implementation of its reengineered processes, it initiated a limited beta test for the electronic aspect of registration, i.e., for e-service. Applicants using the electronic registration option electronically submit applications, filing fees, and digitally formatted deposit copies. Registration applicants who participate in the beta test operate under the Office’s interim regulations for electronic submission. 72 FR 36883 (July 6, 2007). These interim regulations are applicable only to those who electronically file their applications. All other applicants continue to submit claims under the Office’s current procedures. The immediate goal of the Office is to expand its online registration system to accommodate applications for group registrations. Online registration will increase the Office’s efficiency in examining these larger group registration claims and allow the Office to decrease the time it takes to process an application. Moreover, electronic filing should be easier for the category of claimants (commercial magazines (i.e., serials) and newspapers, issuers of newsletters, photographers accustomed to dealing with digital equipment, owners of online databases, and frequent contributors to commercial newspapers and periodicals) who usually take advantage of the group options. Certainly, initial interest in online registration from remitters of group registrations for serials and newspapers has been very positive and they have expressed a preference for submitting their applications for group registrations in this manner. Thus, in keeping with the Office’s plan to move toward increased online registrations, this Notice proposes to amend further the current regulations governing group registration to require any applicant wishing to take advantage of group registration options to file the group claim electronically within the reengineered registration system, and it seeks comment on the Office’s proposal, to be implemented after the beta testing has been completed. Group registration would then be available only via online submission for the following (currently permitted) groups of works: published serials, published daily newspapers, published newsletters, updates to databases, groups of published photographs, and groups of contributions to periodicals. *Proposed deposit requirements* . The current requirements governing the registration of these groups will remain in place, including the current deposit material requirements for each type of work. *See* 37 CFR 202.3(b)(5) -
(10)and 202.20(c). The current deposit requirements for owners of databases, owners of published photographs, owners of published newsletters and newspapers, magazines (i.e., serials) owners of the rights in a group of contributions to a periodical are, of course, print copies and many of these works are wanted by the Library of Congress for its permanent collections. However, under the new electronic registration system, applicants in these categories will be electronically submitting applications and fees and either an electronic version of the deposit or digitally-formatted identifying deposit materials for the sake of examination. Amendments have been proposed to sections 202.3(b) and 202.20(c) which specify the type of deposit for each type of work that will be required for examination purposes. In addition, these applicants will also be obliged to submit appropriate hard copy/tangible deposit materials in separate mailings, to be directed to the Library of Congress for its collections in the case where the Library has indicated a particular title it wants for its permanent collection. *Form GR* . The Office expects the filing of group registrations to be facilitated by its electronic system and by the new online group application form (Form GR) which is flexibly constructed. The form requires each applicant to provide general information, common to all groups, and additional information about the group of works being registered. The application has been developed so that it indicates clearly the particular group of works for which specific information must be given. There is one change, however, with the new Form GR. A particular piece of usual registration information - a description of new matter within a work - is no longer explicitly required on the group registration form because many of the group options require that the works included within the grouping be “essentially new” with respect to their authorship. For example, most of the photographs in a group of published photographs will be new as they appear[ed] as first published, as will contributions to periodicals. However, because there is a possibility that some authorship may be derivative or a revision of one or more of the individual works included within these group registration options, the form includes check boxes within the electronic form for author’s contribution[s] concerning the individual works, or components, including ‘editing’ and ‘compilation.’ These terms may, for example, denote revised database authorship in individual elements incorporated into a database or they may indicate authorship in the overall compiling and editing which may have been changed, altered or revised. The form also includes an “other” field associated with the authorship description for those situations where none of the choices apply. *Fees* . The Office has also considered the fee structure for group registrations. The current fees are now set at a lower cost than the applicant would normally be paying if all individual works within a group were separately submitted, reflecting the reduction in price that the Office thinks should accompany the group options. Thus, the fees governing group registration options will remain at their current levels. *See* 37 CFR 201.3. List of Subjects in 37 CFR Part 202 Claims, Copyright, Registration requirements. Proposed Regulations In consideration of the foregoing, the Copyright Office proposes to amend Subchapter A, part 202 of 37 CFR, in the manner set forth below. PART 202—REGISTRATION OF CLAIMS TO COPYRIGHT 1. The authority citation for part 202 continues to read as follows: Authority: 17 U.S.C. 702. 2. Section 202.3 is amended as follows: a. By revising paragraph (b)(5)(ii)(A); b. By revising paragraph (b)(6)(v); c. By revising paragraph (b)(7)(i)(B); d. By removing paragraph (b)(8)(i)(E), revising paragraphs (b)(8)(ii)(A) and (B), and amending paragraph (b)(8)(ii)(C) by removing the phrase “paragraph (b)(8)(i)(E)” and add in its place “paragraph (b)(8)(ii)(B)”; e. By revising paragraphs (b)(9)(vi)(A) and (viii); f. By revising paragraph (b)(10) introductory text; and g. By revising paragraph (b)(10)(viii). The revisions to § 202.3 read as follows: § 202.3 Registration of copyright. (b)* * *
(5)* * *
(ii)* * *
(A)A Form GR (Group Application), completed in accordance with instructions relevant to the authorship and ownership of updates and revisions to an automated database, as those instructions are found at the Copyright Office website, must be completed electronically within the Copyright Office registration system, including online payment of the filing fee. The required deposit material described in paragraphs (b)(5) (ii)(C) of this section may be submitted electronically in an acceptable digital-file format. (6)* * *
(v)A Form GR (Group Application), completed in accordance with instructions relevant to the authorship and ownership of all individual issues of a particular serial title, published within the required three-month period, as those instructions are found at the Copyright Office website, must be completed electronically within the Copyright Office registration system, including online payment of the appropriate filing fee, as required in § 201.3(c), and a deposit consisting of one complete copy of the best edition of each issue for use by the Library of Congress in cases where the Library has indicated selection of the title. In addition, a digital copy of each entire issue included in the group must be submitted for purposes of examination and completion of registration. (7)* * * (i)* * *
(B)A Form GR (Group Application), completed in accordance with instructions relevant to the authorship and ownership of issues published within the required one-month period of a particular newspaper title, as those instructions are found at the Copyright Office website, must be completed electronically within the Copyright Office registration system, including online payment of the filing fee as required in § 201.3(c). In addition to the deposit materials required under paragraph (b)(7)(i)(D) of this section for use by the Library of Congress in cases where the Library has indicated selection of the title, a digital copy of each entire issue included in the group must be submitted electronically in an acceptable format for purposes of examination and completion of registration. (8)* * * (ii)* * *
(A)A Form GR (Group Application), which is the appropriate form for the registration of a group of contributions, no matter the nature of the authorship of the contributions;
(B)A completed Form Group Continuation Sheet (CON GR), which must accompany the Form GR application. All applicable information for each contribution included in the registration must be provided on the CON GR. Both Form GR and the CON GR, completed in accordance with instructions relevant to the authorship and ownership in the particular contributions included in the registration, as those instructions are found at the Copyright Office website, must be completed electronically within the Copyright Office registration system, including online payment of the filing fee. The required deposit material consists of a complete digital copy of each contribution within the group submitted electronically in a digital-file format. No identifying material, i.e., no redaction of the content of the contribution, may be submitted for purposes of examination and completion of registration; and
(9)* * *
(vi)Deposit. (A). The deposit for newsletters registered under this section is a digital copy of each entire issue included in the group submitted electronically for purposes of examination and completion of registration.
(viii)A Form GR (Group Application), completed in accordance with instructions relevant to the authorship and ownership of issues published within the required same calendar month of a particular newsletter title, as those instructions are found at the Copyright Office website, must be completed electronically within the Copyright Office registration system, including online payment of the filing fee. In addition to the print deposit materials required pursuant to paragraph (b)(9)(vi)(B) of this section for use by the Library of Congress in cases where the Library has indicated selection of the title, a digital copy of each entire issue included in the group must be electronically submitted for purposes of examination and completion of registration.
(10)*Group registration of published photographs* . Pursuant to the authority granted by 17 U.S.C. 408(c)(1), the Register of Copyrights will accept a Form GR (Group Application), which must be electronically filed, and which must be accompanied by a Group Continuation Sheet (CON GR), appropriate deposit, and online payment of the filing fee for registration if the following conditions are met:
(viii)The applicant must electronically complete the Form GR (Group Application) application, which must be accompanied by a Group Continuation Sheet (CON GR). This application must be completed in accordance with instructions relevant to the authorship and ownership of the photographs published within the same calendar year, as those instructions are found at the Copyright Office website, and must be completed electronically within the Copyright Office registration system. In lieu of the deposit material required pursuant to paragraph (b)(10)(ix) of this section, all photographs included within the group must be electronically submitted in digital-file format for purposes of examination and completion of registration. Where, however, the Library of Congress requests a particular photograph or photographs for its collections, the required print deposit materials must be submitted. 3. Section 202.20(c) is amended as follows: a. By amending paragraph (c)(2)(vii)(D)(5) to add the phrase “submit electronically in an acceptable file format” after “the claimant shall”; b. By revising paragraph (c)(2)(xv); d. By revising paragraph (c)(2)(xvii); e. By redesignating paragraphs (c)(2)(xviii) through
(xx)as (c)(2)(xx) through (xxii), respectively; f. By adding new paragraphs (c)(2)(xviii) and (xix); and g. By revising redesignated paragraph (c)(2)(xxii). The revisions to § 202.20 read as follows: § 202.20 Deposit of copies and phonorecords for copyright registration. (c)* * *
(2)* * *
(xv)*Contributions to collective works* . In the case of published contributions to collective works, the deposit must consist of a digital copy of each entire contribution included within the group as it was published in the collective work and one complete copy of the best edition of the entire collective work in the case where the Library of Congress has indicated selection of a collective work.
(xvii)*Group registration of serials* . For group registration of related serials, as specified in § 202.3(b)(6), the deposit must consist of one complete copy of each issue included in the group registration which shall be submitted electronically in an acceptable file format. In addition, two complimentary subscriptions to any serial for which group registration is sought must be entered and maintained in the name of the Library of Congress, and the copies must be submitted regularly and promptly after publication. (xviii) *Group registration of daily newspapers* . For group registration of daily newspapers, as specified in § 202.3(b)(7)(i)(B), the deposit consists of a digital copy of each entire issue included in the group which shall be submitted electronically in an acceptable file format, and the print deposit materials required under § 202.3(b)(7)(i)(D) for use by the Library of Congress in cases where the Library has indicated selection of the title.
(xix)*Group registration of daily newsletters* . For group registration of daily newsletters, as specified in § 202.3(b)(9), the deposit must consist of a digital copy of each issue included in the group registration which shall be submitted electronically in an acceptable file format and the print deposit materials required pursuant to § 202.3(b)(9)(vi)(B) for use by the Library of Congress in cases where the Library has indicated selection of the title.
(xxii)*Photographs: group registration* . For groups of photographs registered with one application under § 202.3(b)(3)(i)(B) (unpublished collections) or § 202.3(b)(10) (group registration of published photographs), all photographs, in their entire content, included within the group must be electronically submitted in a digital file format. In addition, when the Library of Congress requests a particular photograph or photographs for its collection, photographs must be deposited in one of the following formats (listed in the Library’s order of preference): Dated: April 24, 2008. Marybeth Peters, Register of Copyrights. [FR Doc. E8-9487 Filed 4-29-08; 8:45 am] BILLING CODE 1410-30-S POSTAL SERVICE 39 CFR Part 111 Implementation of New Standards for Intelligent Mail® Barcodes AGENCY: Postal Service TM . ACTION: Proposed rule. SUMMARY: On January 7, 2008, we published in the **Federal Register** (Volume 73, Number 4) an advance notice of our intention to require the use of Intelligent Mail barcodes on all letters and flats mailed at automation prices as of January, 2009. We presented our Intelligent Mail vision and asked for comments from our customers. We described two options for using Intelligent Mail barcodes: The basic option and the full-service option. In this proposed rule, we have summarized comments and are now publishing our revised mailing standards for the use of Intelligent Mail barcodes. DATES: We must receive your comments on or before May 30, 2008. Early comments are encouraged. Commenters may submit additional comments any time before May 30, 2008. ADDRESSES: Mail or deliver written comments to the Manager, Mailing Standards, U.S. Postal Service, 475 L'Enfant Plaza, SW., Room 3436, Washington, DC 20260-3436. You may inspect and photocopy all written comments at USPS Headquarters Library, 475 L'Enfant Plaza, SW., 11th Floor N, Washington, DC between 9 a.m. and 4 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: Bill Chatfield, 202-268-7278, Karen Zachok, 202-268-8779, or Uni Han-Norton, 202-268-8437. SUPPLEMENTARY INFORMATION: Current mailing standards for automation prices require either POSTNET TM barcodes or Intelligent Mail barcodes on letters and flats. Both barcode formats contain routing information, but Intelligent Mail barcodes offer much more. They can include indicators for added services such as Address Change Service and Confirm®, and enable tracking of individual mailpieces throughout our processing system. This additional visibility will enable us to improve service and efficiency, as well as add value to the mail. We are proposing two options for using Intelligent Mail barcodes. Under the basic option, mailers will use the Intelligent Mail barcode on their letter and flat mailpieces in place of the POSTNET barcode. Under the full-service option, mailers would use unique Intelligent Mail barcodes on mailpieces; use Intelligent Mail Tray and Intelligent Mail Container barcodes; electronically submit postage statements and mailing documentation (when required) before mailings are inducted; and make appointments through the Facility Access and Shipment Tracking (FAST®) system for DBMC, DADC, and DSCF dropshipments. Under the full-service option, when mail owners elect to use their own 6-digit or 9-digit Mailer ID and unique serial numbers for mailpieces, mail preparers would be required to honor the 6-digit or 9-digit Mailer ID and unique numbering as architected by the mail owner. The Postal Service proposes to offer customers who use the full-service Intelligent Mail option the following benefits: Free start-the clock information to notify mailers when the USPS® takes possession of mailings and free address correction information for mailpieces that do not have the most current address or that are undeliverable for other reasons. In May 2009, all letters and flats requiring a barcode and mailed as First-Class Mail®, Periodicals, Standard Mail®, and Bound Printed Matter would be eligible for full-service prices which will be lower than the basic service (and POSTNET) prices. All references to “May 2009” refer to the date that we implement the May 2009 Mailing Services price changes. Overview of Comments, and Postal Service Response We are encouraged by the interest in our Intelligent Mail vision. We received over 400 letters and email messages in response to our advance notice. We received over 2,000 additional comments during our regional outreach sessions with customers. Many commenters shared our enthusiasm for the Intelligent Mail initiative, however, some were concerned about our communication efforts, the timing of the changes, and the specifics of the program such as pricing and Mailer IDs. Regarding communication, each of our 80 districts held at least one outreach session with customers. We also held Intelligent Mail Symposiums with over 1,000 attendees at four locations. These efforts attracted a broad cross-section of customers and helped us better understand their concerns. A number of commenters questioned the readiness of mailers and the Postal Service to use Intelligent Mail barcodes by January 2009. In response, we are proposing that the mailing standards and prices for Intelligent Mail barcodes become effective in May 2009 concurrent with the implementation of the annual price change for Mailing Services. Also, POSTNET barcodes will be accepted on automation letters and flats until May 2010. Many commenters sought more information about whether the two options for Intelligent Mail barcodes would be priced differently. The announcement of our May 2009 price adjustment will include separate prices for the two options, with full-service prices lower than the basic service (and POSTNET) prices. Many commenters raised concerns about our intention to require the mail “owner's” Mailer ID in the barcode for full-service mailings. In response, this proposal includes an alternative way to identify the mail owner through electronic documentation. Commenters noted two concerns regarding the use of pallets or other containers such as rolling stock: The lack of standards for containerization of First-Class Mail letters or flats; and a possible new requirement for origin-entry containerization of full-service mailings. This proposal does not include new containerization standards. Container barcodes and labels will only be required when mailers prepare containers required by standards or a customer/supplier agreement with USPS. We continue to work with the mailing industry on containerization in general. Any new containerization standards would be the subject of a separate proposal. Many commenters questioned the need to make appointments via our FAST system for First-Class Mail and for origin-entered mailings of all classes when accepted at a detached mail unit (DMU). At this time we are not proposing required FAST appointments for First-Class Mail or for any origin-entered mailings. FAST appointments will continue to be required for dropshipments to applicable DBMC, DADC, or DSCF destinations for Periodicals, Standard Mail, and Package Services mailpieces. Use of FAST enables us to validate appointments and provide information to mailers regarding receipt of mailings. Some commenters asked whether ZIP+4 barcodes would continue to be eligible for automation flats prices. This proposal includes the requirement for delivery point barcodes on automation flats, effective May 2009. Current standards in DMM 708.4 apply when mailpieces are addressed for delivery to an address with a unique 5-digit ZIP Code TM or unique ZIP+4 TM Code. Many commenters sought more information on barcode requirements for reply mail. We are proposing barcodes for letters and flats reply mail (Business Reply Mail®, Courtesy Reply Mail TM , Meter Reply Mail, and Permit Reply Mail) be in the Intelligent Mail format and include a Mailer ID and a BRM Service Type ID as of May 2010. Formatting of the Intelligent Mail barcode used on reply mail will be similar to that for outgoing mailpieces. Some commenters were concerned about the longevity of the basic option. We are not proposing that the basic option be temporary. Intelligent Mail barcodes are information-rich and have the capability to convey more information than POSTNET barcodes, even when they are on mailpieces that are not part of full-service mailings. There was also uncertainty about the Intelligent Mail barcode's use on parcels and Not Flat-Machinable pieces. This proposal applies only to letter-size and flat-size mailings. We are refining standards for Intelligent Mail package barcodes and will publish those details at a later date. Several commenters asked for more information regarding the use of optional endorsement lines
(OELs)and pressure-sensitive bundle labels. We propose that the top piece of a presort bundle of flats must either:
(1)Include an OEL, with the information also in the barcode; or,
(2)contain a pressure-sensitive bundle label. Several commenters included a suggestion that “uniqueness” (in terms of unique numbering of mailpieces) be achieved by linking the delivery routing code with the serial number ID. We have considered that proposal, but have determined that for most full-service mailings, the serial number ID in combination with the Mailer ID and Service Type ID will be required for mailpiece uniqueness. It should be noted, however, that when mailers separate trays and containers by price category for mailings of less than 10,000 pieces, mailpieces may have the same serial number on all pieces. Several commenters expressed a concern about mailing documentation being required to match the physical mail preparation. In most cases, presort software governs the nesting relationship of how mailpieces are placed in handling units such as trays and how trays are placed in containers. In such instances, the nesting of physical mail should match the nesting presented in the electronic documentation. There are some instances, for example in the MLOCR environment, where an exact match of physical mail to electronic documentation is challenging but the total number of pieces sorted to each destination matches the documentation. In those cases, a postage payment system agreement will govern the relationship between physical mail and electronic documentation. A few commenters questioned the ability of Postage Statement Wizard®
(PSW)to provide electronic mailing documentation for full-service mailings. PSW enables electronic submission of postage statements, which would meet the requirement for full-service mailings of less than 10,000 pieces that do not require accompanying documentation, such as permit imprint mailings of identical-weight pieces separated by price category, or mailings with the exact postage affixed to each piece. Many commenters sought clarification regarding the availability of free address correction notices. We would provide free automated address correction notices for correctly formatted mailpieces (in a full-service mailing) that have the appropriate ancillary service request (either Address Service Requested or Change Service Requested) in their mailer profile and embedded in Intelligent Mail barcodes. Some commenters expressed concern about the 10/24 barcode format for Intelligent Mail Tray labels. Mailers will be able to use the 10/24 label before May 2009. They will have the option to migrate to the 24-digit barcoded label starting in May 2009. Specifications for the 24-digit Intelligent Mail Tray label will be available in the near future; however, the 24-digit label must not be used in mailings presented before May 2009. We also received many questions about issues that are already covered by mailing standards in the current Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM®). For instance, barcode placement standards are in DMM 202.5, 302.4, and 708.4. Standards regarding the use of Intelligent Mail barcodes with Confirm Service are in DMM 503.13.3, and OneCode ACS TM are in DMM 507.4.2. We have a frequently asked questions
(FAQs)section about Intelligent Mail barcodes on our Intelligent Mail Web site at *ribbs.usps.gov/Onecodesolution/* . We also will provide more information in our online publication, A Guide to Electronic Documentation and Appointments for Full-Service Mailings, available online by the end of April 2008. Summary of Changes and Implementation We currently allow and encourage mailers to use Intelligent Mail barcodes on their letters and flats to qualify for automation prices according to standards in DMM 202.5, 302.4 and 708.4, with technical specifications available on RIBBS at *http://ribbs.usps.gov/OneCodeSolution/* . In May 2009, we would implement the following: • Updated requirements for Intelligent Mail barcodes, or POSTNET barcodes, with delivery point routing information on letters and flats requiring a barcode. • Separate prices for the full-service and basic Intelligent Mail options. Full-service mailings would also enjoy the benefits of free address correction information, and “start-the-clock” information which will document when the Postal Service has taken possession of each mailing. In May 2010, we would implement the following: • Requirements for Intelligent Mail barcodes with delivery point routing information on all letters and flats requiring a barcode. • Intelligent Mail barcodes would also be required for Business Reply Mail and other reply mail, to the extent that other reply mail requires barcodes. Although we are exempt from the notice and comment requirements of the Administrative Procedure Act [5 U.S.C. of 553 (b), (c)] regarding proposed rulemaking by 39 U.S.C. 410(a), we invite public comments on the following proposed revisions to Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM), incorporated by reference in the Code of Federal Regulations. *See* 39 CFR 111.1. List of Subjects in 39 CFR Part 111 Administrative practice and procedure, Postal Service. PART 111—[AMENDED] 1. The authority citation for 39 CFR part 111 continues to read as follows: Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219, 3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001. 2. Revise the following sections of Mailing Standards of the United States Postal Service, Domestic Mail Manual
(DMM)as follows: Mailing Standards of the United States Postal Service, Domestic Mail Manual
(DMM)200 Discount Letters and Cards 201 Physical Standards 3.0 Physical Standards for Automation Letters and Cards 3.14 Enclosed Reply Cards and Envelopes 3.14.1 Basic Standards *[Revise item b of 3.14.1 to require the use an Intelligent Mail barcode on all reply pieces enclosed in automation price mailings effective May 2010 as follows:]* b. Each BRM piece must bear the correct BRM ZIP+4 barcode; each Meter Reply Mail, Courtesy Reply Mail, and Permit Reply Mail piece must bear the correct delivery point barcode for the delivery address, subject to 202.5.0, Barcode Placement. All pieces must bear POSTNET barcodes (until May, 2010) or Intelligent Mail barcodes, subject to 708.4, Standards for POSTNET and Intelligent Mail Barcodes. 230 First-Class Mail 233 Prices and Eligibility 1.0 Prices and Fees for First-Class Mail 1.3 Presorted and Automation Prices for Cards and Letters *[Revise price table to establish new full-service automation prices as follows:]* *[Placeholder for price table.]* 5.0 Additional Eligibility Standards for Automation First-Class Mail Letters 5.1 Basic Standards for Automation First-Class Mail Letters All pieces in a First-Class Mail automation mailing must: *[Revise item e of 5.1 as follows:]* e. Bear an accurate delivery point POSTNET barcode (until May 2010) or an Intelligent Mail barcode that accurately encodes the following fields: barcode ID, service type ID, Mailer ID, serial number encoded with digits of the mailer's choice, and delivery point routing code. All barcodes must match the delivery address and meet the standards in 202.5.0, Barcode Placement, and 708.4.0, Standards for POSTNET and Intelligent Mail Barcodes. Mailers must apply the barcode either on the piece or on an insert showing through a window. *[Renumber current 233.5.2 through 233.5.5 as 233.5.3 through 233.5.6.]* *[Add a new 233.5.2 as follows:]* 5.2 Additional Eligibility Standards for Full-Service Automation First-Class Mail Letters All mailings entered under full-service automation prices according to standards in 705.21 must: a. Use a unique Intelligent Mail barcode on all pieces. b. Use unique Intelligent Mail Tray labels on all trays. c. Use unique Intelligent Mail Container barcodes on all pallets and other containers used to transport mail, if required by a customer/supplier agreement with USPS. d. Use an approved electronic method to transmit a postage statement and mailing documentation to the PostalOne! system. 5.6 Reply Cards and Envelopes Enclosed in Automation First-Class Mail *[Revise the first sentence of 5.5 to specifically note the requirement to use a barcode on all reply pieces in automation mailings as follows:]* All letter-size reply cards and envelopes provided as enclosures in automation First-Class Mail and addressed for return to a domestic delivery address must meet the standards in 201.3.0, Physical Standards for Automation Letters and Cards (including a barcode as required under 201.3.14), for enclosed reply cards and envelopes. * * * 234 Postage Payment and Documentation 4.0 Mailing Documentation *[Renumber current 234.4.4 through 234.4.9 as 234.4.5 through 234.4.10 and add a new 234.4.4 as follows:]* 4.4 Documentation Submission—Full-Service Automation Prices Mailers entering First-Class Mail pieces at full-service automation prices must electronically submit postage statements and mailing documentation to the PostalOne! system as described in 705.21.3.4. 235 Mail Preparation 4.0 Tray Labels 4.9 Barcoded Tray Labels 4.9.1 Basic Standards for Barcoded Tray Labels *[Revise 4.9.1 by adding a new second sentence as follows:]* * * * Intelligent Mail Tray labels must be used with mailings entered at full-service automation prices. * * * 240 Standard Mail 243 Prices and Eligibility 1.0 Prices and Fees for Standard Mail 1.3 Regular Standard Mail—ECR and Automation Prices *[Revise price table to establish new full-service automation prices as follows:]* *[Placeholder for new price table.]* 6.0 Additional Eligibility Standards for Enhanced Carrier Route Standard Mail Letters 6.1 General Enhanced Carrier Route Standards 6.1.2 Basic Eligibility Standards All pieces in an Enhanced Carrier Route or Nonprofit Enhanced Carrier Route Standard Mail mailing must: *[Revise item g of 6.1.2 to require carrier route letters to bear an Intelligent Mail barcode (as of May 2010) as follows:]* g. Must meet the requirements for automation compatibility in 201.3.0 and bear an accurate delivery point POSTNET barcode (until May 2010) or Intelligent Mail barcode encoded with the correct delivery point routing code matching the delivery address and meeting the standards in 202.5.0, Barcode Placement, and 708.4.0, Standards for POSTNET and Intelligent Mail Barcodes. Pieces prepared with a simplified address format are exempt from this requirement. 6.3 Basic Price Enhanced Carrier Route Standards 6.3.2 Basic Price Eligibility *[Revise item a of 6.3.2 to require carrier route letters to bear an Intelligent Mail barcode (as of May 2010) as follows:]* a. Basic letter prices apply to each piece that is automation-compatible according to 201.3.0, Physical Standards for Automation Letters and Cards, and has an accurate delivery point POSTNET barcode (until May 2010) or Intelligent Mail barcode encoded with the correct delivery point routing code matching the delivery address and meeting the standards in 202.5.0, Barcode Placement, and 708.4.0, Standards for POSTNET and Intelligent Mail Barcodes. 6.4 High Density Enhanced Carrier Route Standards 6.4.1 Basic Eligibility Standards for High Density Prices *[Revise the first sentence of 6.4.1 to require carrier route letters to bear an Intelligent Mail barcode (as of May 2010) as follows:]* High density prices apply to each piece that is automation-compatible according to 201.3.0, and has an accurate delivery point POSTNET barcode (until May 2010) or Intelligent Mail barcode encoded with the correct delivery point routing code matching the delivery address and meeting the standards in 202.5.0, Barcode Placement, and 708.4.0, Standards for POSTNET and Intelligent Mail Barcodes. * * * 6.5 Saturation ECR Standards 6.5.1 Basic Eligibility Standards for Saturation Prices *[Revise the first sentence of 6.5.1 to require carrier route letters to bear an Intelligent Mail barcode (as of May 2010) as follows:]* Saturation prices apply to each piece that is automation-compatible according to 201.3.0, and has an accurate delivery point POSTNET barcode (until May 2010) or Intelligent Mail barcode encoded with the correct delivery point routing code matching the delivery address and meeting the standards in 202.5.0, Barcode Placement, and 708.4.0, Standards for POSTNET and Intelligent Mail Barcodes. * * * 7.0 Eligibility Standards for Automation Standard Mail 7.1 Basic Eligibility Standards for Automation Standard Mail All pieces in a Regular Standard Mail or Nonprofit Standard Mail automation mailing must: *[Revise item e of 7.1 as follows:]* e. Bear a delivery point POSTNET barcode (until May 2010) or an Intelligent Mail barcode that accurately encodes the following fields: Barcode ID, service type ID, Mailer ID, serial number encoded with digits of the mailer's choice, and delivery point routing code. All barcodes must match the delivery address and meet the standards in 202.5.0, Barcode Placement, and 708.4.0, Standards for POSTNET and Intelligent Mail Barcodes. Mailers must apply the barcode either on the piece or on an insert showing through a window. *[Renumber current 243.7.2 through 243.7.6 as 243.7.3 through 243.7.7.]* *[Add a new 243.7.2 as follows:]* 7.2 Additional Eligibility Standards for Full-Service Automation Standard Mail Letters All mailings entered under full-service automation prices according to standards in 705.21 must: a. Use a unique Intelligent Mail barcode on all pieces. b. Use unique Intelligent Mail Tray labels on all trays. c. Use unique Intelligent Mail Container barcodes on all destination entry pallets and other containers, or if required by a customer/supplier agreement with USPS. d. Use an approved electronic method to transmit a postage statement and mailing documentation to the PostalOne! system. e. Be scheduled for an appointment through the Facility Access and Shipment Tracking
(FAST)system when deposited as a DBMC or DSCF drop-shipment. 7.6 Enclosed Reply Cards and Envelopes *[Revise the first sentence of renumbered 7.6 to specifically note the requirement for a barcode on all reply pieces enclosed in automation price mailings as follows:]* All letter-size reply cards and envelopes (Business Reply Mail, Courtesy Reply Mail, Meter Reply Mail, and Permit Reply Mail) provided as enclosures in automation Regular or Nonprofit Standard Mail, and addressed for return to a domestic delivery address, must meet the standards in 201.3.0, Physical Standards for Automation Letters and Cards (including a barcode as required under 201.3.14), for enclosed reply cards and envelopes. * * * 244 Postage Payment and Documentation 4.0 Mailing Documentation *[Renumber current 244.4.4 through 244.4.9 as 244.4.5 through 244.4.10.]* *[Add a new 244.4.4 as follows:]* 4.4 Documentation Submission—Full-Service Automation Prices Mailers entering Standard Mail pieces at full-service automation prices must electronically submit postage statements and mailing documentation to the PostalOne! system as described in 705.21.3.4. 245 Mail Preparation 4.0 Tray Labels 4.9 Barcoded Tray Labels 4.9.1 Basic Standards for Barcoded Tray Labels *[Revise 4.9.1 by adding a new item e as follows:]* e. Intelligent Mail Tray labels must be used with mailings entered at full-service automation prices. 300 Discount Flats 330 First-Class Mail 333 Prices and Eligibility 1.0 Prices and Fees for First-Class Mail 1.3 Presorted and Automation Prices for Flats *[Revise price table to establish new full-service automation prices as follows:]* *[Placeholder for new price table.]* 5.0 Additional Eligibility Standards for Automation Price First-Class Mail Flats 5.1 Basic Standards for Automation First-Class Mail All pieces in a First-Class Mail automation mailing must: *[Revise item e of 5.1 as follows:]* e. Bear a delivery point POSTNET barcode (until May 2010) or an Intelligent Mail barcode that accurately encodes the following fields: barcode ID, service type ID, Mailer ID, serial number encoded with digits of the mailer's choice, and delivery point routing code. All barcodes must match the delivery address and meet the standards in 302.4.0, Barcode Placement and 708.4.0, Standards for POSTNET and Intelligent Mail Barcodes. Mailers must apply the barcode either on the piece or on an insert showing through a window. *[Renumber current 333.5.2 through 333.5.5 as 333.5.3 through 333.5]* . *[Add a new 333.5.2 as follows:]* 5.2 Eligibility Standards for Full-Service Automation First-Class Mail Flats All mailings entered under full-service automation prices according to standards in 705.21 must: a. Use a unique Intelligent Mail barcode on all pieces. b. Use unique Intelligent Mail Tray labels on all trays. c. Use unique Intelligent Mail Container barcodes on all pallets and other containers used to transport mail, if required by a customer/supplier agreement with USPS. d. Use an approved electronic method to transmit a postage statement and mailing documentation to the PostalOne! system. 5.6 Reply Cards and Envelopes Enclosed in Automation First-Class Mail *[Revise the first sentence of 5.6 to specifically note the requirement to use a barcode on all reply pieces enclosed in automation mailings as follows:]* All letter-size reply cards and envelopes provided as enclosures in automation First-Class Mail and addressed for return to a domestic delivery address must meet the standards in 201.3.0, Physical Standards for Automation Letters and Cards (including a barcode as required under 201.3.14), for enclosed reply cards and envelopes. * * * 334 Postage Payment and Documentation 4.0 Mailing Documentation *[Renumber current 334.4.4 through 334.4.9 as 334.4.5 through 334.4.10]* . *[Add a new 334.4.4 to reflect electronic submission standards at the full-service automation price as follows:]* 4.4 Documentation Submission—Full-Service Automation Prices Mailers entering First-Class Mail flats at full-service automation prices must electronically submit postage statements and mailing documentation, including qualification and container reports, to the PostalOne! system as described in 705.21.3.4. 335 Mail Preparation 4.0 Tray Labels 4.9 Barcoded Tray Labels 4.9.1 Basic Standards for Barcoded Tray Labels *[Revise 4.9.1 by adding a new item e as follows:]* e. Intelligent Mail Tray labels must be used with mailings entered at full-service automation prices. 340 Standard Mail 343 Prices and Eligibility 1.0 Prices and Fees for Standard Mail 1.3 Regular Standard Mail—Presorted, Enhanced Carrier Route, and Automation Prices *[Revise price table to establish new full-service automation prices as follows:]* 7.0 Additional Eligibility Standards for Automation Standard Mail Flats 7.1 Basic Eligibility Standards for Automation Standard Mail All pieces in a Regular Standard Mail or Nonprofit Standard Mail automation mailing must: *[Revise item e as follows:]* e. Bear a delivery point POSTNET barcode (until May, 2010) or an Intelligent Mail barcode that accurately encodes the following fields: barcode ID, service type ID, Mailer ID, serial number encoded with digits of the mailer's choice, and delivery point routing code. All barcodes must match the delivery address and meet the standards in 302.4.0, Barcode Placement and 708.4.0, Standards for POSTNET and Intelligent Mail Barcodes. Mailers must apply the barcode either on the piece or on an insert showing through a window. *[Renumber current 343.7.2 through 343.7.4 as 343.7.3 through 343.7.5].* *[Add a new 343.7.2 as follows:]* 7.2 Eligibility Standards for Full-Service Automation Standard Mail Flats All mailings entered under full-service automation prices according to standards in 705.21 must: a. Use a unique Intelligent Mail barcode on all pieces. b. Use unique Intelligent Mail Tray labels on all trays and sacks. c. Use unique Intelligent Mail Container barcodes on all destination-entry pallets and other containers, or if required by a customer/supplier agreement with USPS. d. Use an approved electronic method to transmit a postage statement and mailing documentation to the PostalOne! system. e. Be scheduled for an appointment through the Facility Access and Shipment Tracking
(FAST)system when deposited as a DBMC or DSCF drop-shipment. 7.5 Enclosed Reply Cards and Envelopes *[Revise the first sentence of renumbered 7.5 to specifically note the requirement to use a barcode on all reply pieces enclosed in automation mailings as follows:]* All letter-size reply cards and envelopes (Business Reply Mail, Courtesy Reply Mail, Meter Reply Mail, and Permit Reply Mail) provided as enclosures in automation Regular or Nonprofit Standard Mail, and addressed for return to a domestic delivery address, must meet the standards in 201.3.0, Physical Standards for Automation Letters and Cards (including a barcode as required under 201.3.14), for enclosed reply cards and envelopes. * * * 344 Postage Payment and Documentation 4.0 Mailing Documentation *[Renumber current 344.4.4 through 344.4.9 as 344.4.5 through 344.4.10.]* *[Add a new 344.4.4 as follows:]* 4.4 Documentation Submission—Full-Service Automation Prices Mailers entering Standard Mail pieces at full-service automation prices must electronically submit postage statements and mailing documentation, including qualification and container reports, to the PostalOne! system as described in 705.21.3.4. 345 Mail Preparation 4.0 Sack and Tray Labels 4.8 Use of Barcoded Sack and Tray Labels *[Revise 4.8 by adding a new item e as follows:]* e. Intelligent Mail Tray labels must be used on all trays and sacks for mailings entered at full-service automation prices. 360 Bound Printed Matter 363 Prices and Eligibility 1.0 Prices and Fees for Bound Printed Matter 1.1 Nonpresorted Bound Printed Matter 1.1.4 Barcoded Discount-Flats *[Revise 363.1.1.4 to require BPM claiming a barcode discount price to be automation-compatible and bear an Intelligent Mail barcode by May 2010 as follows:]* The barcoded discount applies only to BPM flat-size pieces that meet the requirements for automation compatibility in 301.3.0 and bear a delivery point POSTNET barcode (until May 2010) or Intelligent Mail barcode encoded with the correct delivery point routing code matching the delivery address and meeting the standards in 302.4.0 and 708.4.0. The pieces must be part of a nonpresorted mailing of 50 or more flat-size pieces. 4.0 Price Eligibility for Bound Printed Matter Flats 4.1 Price Eligibility BPM prices are based on the weight of a single addressed piece or 1 pound, whichever is higher, and the zone (where applicable) to which the piece is addressed. Price categories are as follows: *[Revise item d of 363.4.1 to require BPM claiming a barcode discount price to be automation-compatible and bear an Intelligent Mail barcode by May 2010 as follows:]* d. Barcoded Discount—Flats. The barcoded discount applies only to BPM flat-size pieces that meet the requirements for automation compatibility in 301.3.0 and bear a delivery point POSTNET barcode (until May 2010) or Intelligent Mail barcode encoded with the correct delivery point routing code matching the delivery address and meeting the standards in 302.4.0 and 708.4.0. The pieces must be part of a nonpresorted mailing of 50 or more flat-size pieces or part of a presort mailing of at least 300 BPM flat-size pieces prepared under 705.8.0, Preparing Pallets, and 365.7.0, Preparing Barcoded Flats. The barcoded discount is not available for flat-size pieces mailed at Presorted DDU prices or carrier route prices. 6.0 Additional Eligibility Standards for Barcoded Bound Printed Matter Flats 6.1 Basic Eligibility Standards for Barcoded Bound Printed Matter *[Revise 6.1 by revising the first sentence and adding a new second sentence as follows:]* The barcode discount applies only to BPM flat-size pieces that bear a delivery point POSTNET barcode (until May 2010) with an accurate delivery point routing code or an Intelligent Mail barcode that accurately encodes the following fields: barcode ID, service type ID, Mailer ID, serial number encoded with digits of the mailer's choice, and delivery point routing code. All barcodes must match the delivery address and meet the standards in 708.4.0, Standards for POSTNET and Intelligent Mail Barcodes. * * * *[Renumber current 363.6.2 through 363.6.3 as 363.6.3 through 363.6.4.]* *[Add a new 363.6.2 as follows:]* 6.2 Eligibility Standards for Full-Service Automation Bound Printed Matter Flats All mailings entered under full-service automation prices according to standards in 705.21 must: a. Use a unique Intelligent Mail barcode on all pieces. b. Use unique Intelligent Mail Tray labels on all sacks. c. Use unique Intelligent Mail Container barcodes on all destination-entry pallets and other containers, or if required by a customer/supplier agreement with USPS. d. Use an approved electronic method to transmit a postage statement and mailing documentation to the PostalOne! system. e. Be scheduled for an appointment through the Facility Access and Shipment Tracking
(FAST)system when deposited as a DBMC or DSCF dropshipment. 364 Postage Payment and Documentation 2.0 Mailing Documentation *[Renumber current 364.2.4 through 364.2.9 as 364.2.5 through 364.2.10.]* *[Add a new 364.2.4 as follows:]* 2.4 Documentation Submission—Full-Service Automation Prices Mailers entering BPM pieces at the full-service automation prices must electronically submit postage statements and mailing documentation to the PostalOne! system as described in 705.21.3.4. 365 Mail Preparation 4.0 Sack Labels 4.9 Basic Standards for Barcoded Sack Labels *[Revise 4.9 by adding a new item e as follows:]* e. Intelligent Mail Tray labels (see 708.6.0) must be used on sacks for mailings entered at full-service automation prices. 500 Additional Services 507 Mailer Services 9.0 Business Reply Mail
(BRM)9.3 Qualified Business Reply Mail
(QBRM)Basic Standards 9.3.1 Description Qualified Business Reply Mail
(QBRM)is First-Class Mail that: *[Revise item f of 9.3.1 to require use of an Intelligent Mail barcode on all barcoded BRM effective May 2010 as follows:]* f. Bears the correct POSTNET barcode (until May 2010) or Intelligent Mail barcode that corresponds to the unique ZIP+4 code for the address on each piece distributed. The barcode must be correctly prepared under 9.9 and 708.4.0. 9.8 Format Elements 9.8.6 Delivery Address *[Revise item a of 9.8.6 to require use of an Intelligent Mail barcode on all barcoded BRM effective May 2010 as follows:]* a. Preprinted labels with only delivery address information, including a POSTNET ZIP+4 barcode (until May 2010) or an Intelligent Mail barcode under 9.9, are permitted, but the permit holder's name and other required elements must be printed directly on the BRM piece. *[Revise the title and text of 9.9 to require use of an Intelligent Mail barcode on all letter-size and flat-size BRM effective May 2010 as follows:]* 9.9 Additional Standards for Letter-Size and Flat-Size BRM In addition to the format standards in 9.8, letter-size BRM enclosed in automation mailings and all QBRM must be ZIP+4 barcoded with a ZIP+4 POSTNET barcode (until May 2010) or an Intelligent Mail barcode. Intelligent Mail barcodes must contain the barcode ID, service type ID, Mailer ID, and correct ZIP+4 routing code, as specified under 708.4.3. Effective May 2010, all letter-size and flat-size BRM pieces, must bear accurately encoded Intelligent Mail barcodes that include ZIP+4 routing codes assigned by the USPS. Until May 2010, BRM letters and flats may be barcoded at the permit holder's option. Barcoded BRM must meet the barcode standards in 708.4.0, the envelope basis weight standards in 9.7.1, all other mailpiece design standards in 201.3.0 (including thickness), and these standards: 700 Special Standards 705 Advanced Preparation and Special Postage Payment Systems 8.0 Preparing Pallets 8.5 General Preparation 8.6 Pallet Labels 8.6.1 Placement *[Revise the first sentence of 8.6.1 and add a new second sentence as follows:]* At least two clearly visible labels must be affixed on two adjacent sides of each pallet, except for pallet labels with Intelligent Mail Container barcodes, which require three labels as specified in 708.6.7. Pallets prepared through plant-load or drop-shipment agreements must be placed on transportation so that a pallet label faces toward the rear of the vehicle. 8.6.2 Specifications *[Revise 8.6.2 to reference Intelligent Mail Container barcoded pallet labels as follows:]* Pallet labels must be pink for Periodicals mail or white for Standard Mail, and Package Services mail. Pallet labels must measure at least 8-1/2 inches by 11 inches, except that pallet or other USPS container labels including Intelligent Mail Container barcodes may measure 4 inches by 7 inches when prepared under 708.6.7.3. Labels containing Intelligent Mail Container barcodes must meet the standards for Intelligent Mail Container labels in DMM 708.6.7 and the RIBBS Web site at *ribbs.usps.gov/OneCodeSolution/.* *[Add new 705.21 to describe the conditions for full-service automation prices as follows:]* 21.0 Full-Service Automation Prices 21.1 Description Access to full-service automation prices requires the use of Intelligent Mail barcodes to uniquely identify each mailpiece. Full-service automation mailings require Intelligent Mail barcodes on mailpieces, Intelligent Mail Tray labels on trays and sacks, and Intelligent Mail Container labels on pallets or similar containers, when containers are required. Additional requirements include the use of an approved electronic method to transmit postage statements and mailing documentation to the USPS (describing how mailpieces are linked to trays or sacks, if applicable, and containers) and scheduling dropship appointments through the Facility Access and Shipment System (FAST). 21.2 Eligibility Standards All mailings at full-service automation prices must: a. Meet all other standards applicable for automation mailings of the applicable class, shape, and content. b. Use an accurately encoded Intelligent Mail barcode, including a delivery point routing code, on each mailpiece. c. Use accurately encoded Intelligent Mail Tray labels on all trays and sacks. d. Use accurately encoded Intelligent Mail Container barcodes on all pallets or other containers used to transport mail (see 21.3.6) when containers are required. e. Use an approved electronic method as described in 21.3.4 to transmit postage statements and mailing documentation to the USPS. f. Be scheduled for an appointment through the Facility Access and Shipment Tracking
(FAST)system, when required under 21.3.5. 21.3 Preparation 21.3.1 Intelligent Mail Barcodes Mailers must include an Intelligent Mail barcode on each mailpiece as described in 708.4 that accurately encodes the following fields: a. Barcode ID. b. Service Type ID. c. Mailer ID. The Mailer ID field can be populated with the Mailer ID of the mail owner or mail preparer, based on what information is included in the electronic documentation (see 21.3.4) d. Serial number. Except for mail prepared under 21.4.3, each mailpiece must be encoded with a unique serial number. Mailers must ensure that these numbers remain unique for a period of at least 45 days. Serial numbers associated to an individual Mailer ID must not be duplicated within this 45-day period, regardless of the entry location. e. Delivery point routing code. All Intelligent Mail barcodes must include an accurate delivery point routing code. 21.3.2 Intelligent Mail Tray Labels All trays and sacks must contain accurately encoded Intelligent Mail Tray labels as described in 708.6.6. Mailing documentation, when required, must associate each mailpiece to a corresponding tray or sack, if applicable, as described in 21.3.4. Each tray or sack must be encoded with a unique serial number. Tray or sack serial numbers associated to an individual Mailer ID cannot be duplicated within a 45-day period, regardless of the acceptance location. 21.3.3 Intelligent Mail Container Labels All required pallets and similar containers (such as all-purpose containers, hampers, and gaylords) must display container labels that include accurately encoded Intelligent Mail Container barcodes as described in 708.6.7. Mailing documentation, when required, must associate each mailpiece (and tray or sack, if applicable) to a corresponding container as described in 21.3.4, unless otherwise authorized by a customer/supplier agreement with USPS. Each container must be encoded with a unique serial number. Container serial numbers associated to an individual Mailer ID must not be duplicated within a 45-day period, regardless of the acceptance location. 21.3.4 Electronic Documentation Mailers must electronically submit postage statements and mailing documentation (when required) to the PostalOne! system. Unless otherwise authorized, documentation must describe how each mailpiece is linked to a uniquely identified tray or sack, if applicable, and how each mailpiece and tray or sack is linked to a uniquely identified container. See A Guide to Electronic Documentation for Full-Service Mailings (available on the RIBBS website at ribbs.usps.gov/) for more information. Mailers must transmit postage statements and mailing documentation to the PostalOne! system using Mail.dat, Wizard Web Services, or Postage Statement Wizard (see 21.4.3) 21.3.5 Scheduling Appointments Mailers must schedule appointments using the Facility Access and Shipment Tracking
(FAST)system for drop-ship mailings (except DDU). Mailers may schedule appointments online using the FAST website at fast.usps.com or they may submit appointment requests through PostalOne! FAST Web Services at *http://www.uspspostalone.com* , using the Transaction Messaging specifications. 21.3.6 Preparation of Containers Mailings at full-service automation prices may be containerized, when volume warrants, in uniquely identified containers (see 21.3.4) by palletizing bundles, sacks, or trays under standards in 705.8. Mailers who are required to containerize must make all separations when the volume for any presort level meets a required sortation level, as described in 705.8.5.2. 21.4 Additional Standards 21.4.1 Induction Data Mailers accessing full-service automation prices will receive mail induction information (start-the-clock data corresponding to the date and time when the USPS receives the mailing) at no additional charge. 21.4.2 Address Correction Service Mailers accessing full-service prices will receive free address correction notices when encoding Intelligent Mail barcodes with Address Service or Change Service ancillary service requests. The mailer will apply the appropriate service type ID in the Intelligent Mail barcode to match the ancillary service requested. A full description of mail disposition and address correction combinations is in 507.1.5 by class of mail. A complementary ancillary service request option must also be recorded in the mailer's ACS mailer profile. Address Correction Service for mailpieces in full-service mailings is available for: a. First-Class Mail letters and flats. b. Periodicals letters and flats (printed on-piece endorsement not required). c. Standard Mail letters and flats and Bound Printed Matter flats. Standard Mail and BPM pieces require the use of a printed on-piece endorsement in addition to encoding the ancillary service request into the Intelligent Mail barcode. See 507.4.2 for additional standards. 21.4.3 Special Standards—Postage Statement Wizard When using Postage Statement Wizard for mailings of fewer than 10,000 pieces, when postage is affixed to each piece at the correct price or when each piece is of identical weight and the mailpieces are separated by price, the serial number field of each Intelligent Mail barcode can be populated with a mailing serial number that is unique to the mailing but common to all pieces in the mailing. This unique mailing serial number must not be reused for a period of 45 days from the date of mailing. Unique mailing serial numbers must be populated in the Postage Statement Wizard entry screen field. Mailers entering mailings under 21.4.3 must populate the serial number field of all Intelligent Mail tray, sack or container label barcodes with the unique mailing serial number used in the Postage Statement Wizard entry screen field and must apply leading zeros as necessary. 707 Periodicals 1.0 Prices and Fees 1.1 Outside-County—Including Science-of-Agriculture 1.1.2 Piece Prices Per addressed piece: *[Revise price table to establish new “full-service” automation prices as follows:]* *[Placeholder for new price table.]* 1.2 In-County 1.2.2 Piece Prices Per addressed piece: *[Revise price table to establish new “full-service” automation prices as follows:]* *[Placeholder for new price table.]* 14.0 Barcoded (Automation) Price Eligibility 14.1 Basic Standards *[Revise item c of 14.1 to describe new standards for barcoded Periodicals mailings as follows:]* c. Bear a delivery point POSTNET barcode (until May 2010) with an accurate delivery point routing code or an Intelligent Mail barcode that accurately encodes the following fields: barcode ID, service type ID, mailer ID, serial number encoded with digits of the mailer's choice, and delivery point routing code. All barcodes must match the delivery address and meet the standards in 708.4.0, Standards for POSTNET and Intelligent Mail Barcodes. Mailers must apply the barcode either on the piece or on an insert showing through a window. 14.1.2 Enclosed Reply Cards and Envelopes *[Revise the first sentence of 14.1.2 to specifically note the requirement for a barcode on all reply pieces enclosed in automation price mailings as follows:]* All letter-size reply cards and envelopes provided as enclosures in barcoded Periodicals and addressed for return to a domestic delivery address must meet the standards in 201.3.0, Physical Standards for Automation Letters and Cards (including a barcode as required under 201.3.14), for enclosed reply cards and envelopes. * * * *[Renumber current 707.14.2 through 707.14.4 as 707.14.3 through 707.14.5.]* *[Add new 707.14.2 as follows:]* 14.2 Eligibility Standards for Full-Service Barcoded (Automation) Periodicals All mailings entered under full-service automation prices according to standards in 705.21 must: a. Use a unique Intelligent Mail barcode on all pieces. b. Use unique Intelligent Mail Tray labels on all trays and sacks. c. Use unique Intelligent Mail Container barcodes on all required pallets and other containers. d. Use an approved electronic method to transmit a postage statement and mailing documentation to the PostalOne! system. e. Be scheduled for an appointment through the Facility Access and Shipment Tracking
(FAST)system for mailings deposited as a DBMC, DADC, or DSCF dropshipment. 17.0 Documentation 17.3 Basic Standards for Documentation 17.3.3 Presenting Documentation *[Revise 17.3.3 by adding a new third sentence as follows:]* * * * Mailers entering Periodicals pieces at the full-service barcoded (automation) prices must electronically submit postage statements and mailing documentation to the PostalOne! system as described in 705.21.3.4. 21.0 Sack and Tray Labels 21.4 Use of Barcoded Sack and Tray Labels *[Revise 21.4 by adding a new item e as follows:]* e. Intelligent Mail Tray labels must be used on all trays and sacks for mailings entered at full-service automation prices. 708 Technical Specifications *[Revise title of 708.6.0 to reflect new container label options as follows:]* 6.0 Standards for Barcoded Tray, Sack, and Container Labels *[Renumber current 6.1.1 as new 6.2.1 and retain all current text.]* *[Renumber current Exhibit 6.1.1 as new Exhibit 6.2.1.]* *[Renumber current 6.1.4 as new 6.2.2.]* *[Renumber current Exhibit 6.1.4 as new Exhibit 6.2.2.]* *[Relocate current 6.1.2, 6.1.3, and 6.1.5 and combine as new 6.3, retaining all current text and exhibits.]* *[Renumber current 6.2 as new 6.4.]* *[Renumber current 6.3 as new 6.5.]* *[Add new 6.1 to provide an overview of the different barcoded labels as follows:]* 6.1 General 6.1.1 Tray and Sack Labels Intelligent Mail Tray labels and standard 10-digit barcoded tray and sack labels are the USPS-approved methods to encode routing, content, and origin information on containers that can be read on Tray Management Systems and other automated processing equipment. Standard 10-digit barcoded tray and sack labels should be used with automation mailings, while Intelligent Mail Tray labels are designed for use with automation mailings of Intelligent Mail barcoded mail. Intelligent Mail Tray labels can also encode tracking information and include other mailer features. 6.1.2 Container Labels Mailer-generated container labels containing Intelligent Mail Container barcodes identify the mail owner or agent and uniquely identify the unit load (pallet, container, or rolling stock). Intelligent Mail Container barcoded labels are designed to be used with Intelligent Mail barcoded mailpieces and Intelligent Mail Tray labels. *[Add new 6.6 as follows:]* 6.6 Intelligent Mail Tray Label 6.6.1 Definition a. The Intelligent Mail Tray label can be used on all trays and sacks. When correctly formatted barcodes are placed on Intelligent Mail Tray labels, they will uniquely identify each tray and sack in addition to each mailer or mail preparer. To facilitate the transition from the 10-digit tray and sack label to the 24-digit barcoded Intelligent Mail Tray label, a transitional label that includes a 10-digit barcode, using the AIM/USS-I 2/5 symbology, in addition to a 24-digit Intelligent Mail Tray barcode, using International Symbology Specification Code 128 subset C symbology, has been developed. See Exhibit 6.6.1 for an example of the 10/24 transitional label. Mailers using Intelligent Mail Tray labels must print labels in the transitional format or in the 24-digit format (as of May 2009). Detailed specifications for the tray label and barcode formats are available under the Intelligent Mail barcodes link of the RIBBS homepage (see the RIBBS Web site at *ribbs.usps.gov* ). Exhibit 6.6.1 10/24 Transitional Intelligent Mail Tray Label [See exhibit in document on the Postal Explorer Web site at *http://pe.usps.com* , and click on “ **Federal Register** Notices” in the left frame.] 6.6.2 Transitional Intelligent Mail Tray Label Format The data elements for Intelligent Mail Tray labels are as follows: a. Printer Line. b. Tray or Sack Destination (Postal Destination Name). c. Content Identifier Number (CIN). d. Office of mailing or mailer information. e. Destination ZIP Code. f. Carrier Route information. g. Mailer ID. h. 24-digit ISS code 128 subset C barcode numeric line. i. 10-digit AIM/USS-I 2/5 barcode numeric line. j. Mailer's Area (for mailer generated information). 6.6.3 Barcode Format The barcode that a mailer uses depends upon the Mailer ID assigned by the USPS. Upon request by the mailer, USPS assigns a 6-digit or 9-digit Mailer ID based on the mailer's projected mail volume. Intelligent Mail Tray label barcodes contain the following elements: a. Destination ZIP Code. b. Content Identifier Number (CIN), as listed in Exhibit 6.2.2. c. Processing Code, identifying the system or facility generating the label. d. Mailer ID. e. Serial Number, a unique number assigned to each tray or sack. f. Label Type, a default digit. *[Add new 6.7 as follows:]* 6.7 Intelligent Mail Container Labels 6.7.1 Definition Mailer-generated container labels containing Intelligent Mail Container barcodes can be used to identify all pallets, gaylords, and other rolling stock, such as all-purpose containers. Intelligent Mail Container barcodes uniquely identify each container and are scanned at induction and at other points of the mailstream. Detailed specifications for Intelligent Mail Container barcode and pallet labels are available under the Intelligent Mail barcodes link of the RIBBS homepage (see the RIBBS Web site at *ribbs.usps.gov* ). 6.7.2 Label Format In addition to the general requirements for pallet labels in 705.8.6, Intelligent Mail Container labels (see exhibit 6.7.2) must meet the following requirements: b. Labels must include a bisecting horizontal line. c. The top portion of the label is reserved for USPS-required elements, including the Intelligent Mail Container barcode and the “USPS SCAN REQUIRED” endorsement above the barcode. d. Extraneous information must be placed below the horizontal line. e. All container labels containing Intelligent Mail Container barcodes must meet the specifications located under the Intelligent Mail barcodes link of the RIBBS homepage (see the RIBBS Web site at *ribbs.usps.gov* ). f. Labels must be a minimum of 8 1/2 inches high and 11 inches long, except as allowed under 6.7.3. Exhibit 6.7.2 Intelligent Mail Container Label [See exhibit in document on the Postal Explorer Web site at *http://pe.usps.com* , and click on “ **Federal Register** Notices” in the left frame.] 6.7.3 Optional Label Format Pallet and container labels including Intelligent Mail Container barcodes (see exhibit 6.7.3) may be prepared in an alternate format when affixed to the outside of any shrinkwrap or plastic as follows: a. Labels must be prepared with the required elements as described in 705.8.6. b. Labels affixed to the outside of any shrinkwrap or other plastic according to 6.7.5a1 may measure no less than 4 inches high by 7 inches long. c. Labels containing Intelligent Mail Container barcodes under the optional format must meet the specifications for optional labels located under the Intelligent Mail barcodes link of the RIBBS homepage (see the RIBBS Web site at *http://ribbs.usps.gov* ). Exhibit 6.7.3. Intelligent Mail Container Label—Optional Format [See exhibit in document on the Postal Explorer Web site at *http://pe.usps.com,* and click on “ **Federal Register** Notices” in the left frame.] 6.7.4 Barcode Format Intelligent Mail Container barcodes are 21 characters in length and contain a USPS-assigned Mailer ID. The format depends upon the Mailer ID assigned by the USPS. Intelligent Mail Container barcodes contain the following elements: a. Application Identifier, identifying the source of the barcode. b. Type Indicator, identifying internal or external label generation. c. Mailer ID. d. Serial Number, a unique number assigned to each container. 6.7.5 Labeling Requirements Mailers using container labels including Intelligent Mail Container barcodes must: a. Place three labels on pallets, one on each of three sides, by either of the following methods: 1. Affix the labels to the outside of shrinkwrap or plastic, when used. Labels must be affixed by a self-adhesive or other adhesive means that will not obscure any required element of the label, and remain secure throughout USPS processing. 2. When placed under shrinkwrap or plastic, cover the label with no more than two layers of shrinkwrap or plastic. b. Place one label in the designated area on other USPS containers. We will publish an appropriate amendment to 39 CFR part 111 if our proposal is adopted. Neva R. Watson, Attorney, Legislative. [FR Doc. E8-9502 Filed 4-29-08; 8:45 am] BILLING CODE 7710-12-P 73 84 Wednesday, April 30, 2008 Notices DEPARTMENT OF AGRICULTURE Office of the Secretary [Docket No. APHIS-2006-0018] Privacy Act Systems of Records; Wildlife Services Management Information System AGENCY: Office of the Secretary, USDA. ACTION: Notice of a proposed new system of records; request for comment. SUMMARY: The U.S. Department of Agriculture proposes to add a system of records to its inventory of records systems subject to the Privacy Act of 1974, as amended. The system of records being proposed is the Wildlife Services Management Information System, USDA-APHIS-9. This notice is necessary to meet the requirements of the Privacy Act to publish in the **Federal Register** notice of the existence and character of record systems maintained by the agency. Although the Privacy Act requires only that the portion of the system that describes the “routine uses” of the system be published for comment, we invite comment on all portions of this notice. DATES: *Effective Date:* This system will be adopted without further notice on June 9, 2008 unless modified to respond to comments received from the public and published in a subsequent notice. *Comment date:* Comments must be received, in writing, on or before May 30, 2008. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0018,* and follow the instructions for submitting comments. • *Postal Mail/Commercial Delivery:* Docket No. APHIS-2006-0018, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. *Docket:* You may view comments we receive at the Federal eRulemaking Portal (Web address above) or in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. FOR FURTHER INFORMATION CONTACT: Mr. Robert P. Myers, Staff Officer, Wildlife Services, APHIS, 4700 River Road Unit 87, Riverdale, MD 20737;
(301)734-7921. SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (5 U.S.C. 552a), requires agencies to publish in the **Federal Register** notice of new or revised systems of records maintained by the agency. A system of records is a group of any records under the control of any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to an individual. The Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture
(USDA)is proposing to add a new system of records, entitled Wildlife Services Management Information System, that will be used to maintain a record of activities conducted by the agency pursuant to its mission and responsibilities authorized by the Act of March 2, 1931, as amended (7 U.S.C. 426 and 426(b)), and the Act of December 22, 1987 (7 U.S.C. 426(c)). Within this area of responsibility, Wildlife Services
(WS)provides wildlife damage management services to Federal, State, and local governments, private sector entities within the United States, foreign partners, and cooperators. Individuals and cooperators may include farmers, ranchers, livestock dealers (including agents and brokers), airport employees, condominium associations, homeowners associations, golf course owners, pest control operators, contract personnel engaged in program activities, private homeowners, and other individuals. Wildlife damage management services include services to control wildlife diseases and invasive species and to protect livestock and aquaculture. Records of these activities will be maintained in the Management Information System
(MIS)in Riverdale, Maryland; and in USDA's National Information Technology Center in Kansas City, Missouri, as well as in hard copy files located in headquarters, State, regional, and district offices. The MIS contains personally identifiable information about persons who acquire wildlife damage management services from APHIS. The information includes a name, telephone number, mailing address, physical location address, and, when necessary, the Global Positioning System
(GPS)coordinates. For cooperators for whom WS provides services on specific wildlife damage projects, an identifying number may be issued, which may be a Federal tax identification number, an employer identification number, or, for individual citizens who are the primary contact in a funded cooperative agreement relationship, a social security number. In these instances, WS collects social security numbers or other identifying numbers, such as tax identification numbers or employer identification numbers, in compliance with the Debt Collection Improvement Act of 1996 (Pub. L. 104-134). The MIS may also include information relating to adverse human or animal incidents, indemnity, agreements, or insurance claims. Agency procedure requires that WS employees obtain permission to enter the property of cooperators. Information collected about cooperators will be used to document authority and license to enter premises to conduct wildlife damage management activities, pursuant to requests from cooperators for services to be conducted on their behalf. In addition, WS will use the information to help evaluate the effectiveness of program activities. Also in support of the APHIS mission, WS conducts surveys by selecting cooperators to provide information about various facets of program activities related to the services provided. Information provided by the cooperator during the course of business enables WS to contact them and request voluntary participation in a survey, as well as use the information volunteered by the cooperator to make determinations about how and when work will be performed, what methods will be used, what information will be provided to the cooperator about the methodology, process, frequency, results, and timelines to be used in program activities, and to assist in developing safety measures and protocols. Routine Uses of Records Maintained in the System, Including Categories of Users and the Purposes of Such Uses APHIS may routinely share data in the MIS system with other Federal, State, and local regulatory agencies and their employees and contractors who collaborate with WS in regulating wildlife management activities or have responsibility for animal or public health, such as the Centers for Disease Control or the Environmental Protection Agency. Information may be shared with agencies with which APHIS has interagency agreements or memoranda of understanding, such as the Bureau of Land Management or U.S. Fish and Wildlife Service. Other routine uses of this information include releases related to investigations pertaining to violations of law or related to litigation. A complete listing of the routine uses for this system is included in the accompanying document that is published along with this notice. The information collection requests associated with this system have been approved by Office of Management and Budget
(OMB)under the Paperwork Reduction Act. The collection is named “Cooperative Wildlife Damage Management Programs” and the OMB Control Number is 0579-0335. Report on New System A report on the new system of records, required by 5 U.S.C. 552a(r), as implemented by the Office of Management and Budget Circular A-130, was sent to the Chairman, Committee on Homeland Security and Governmental Affairs, United States Senate; the Chairman, Committee on Oversight and Government Reform, U.S. House of Representatives; and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget. Dated: April 17, 2008. Edward T. Schafer, Secretary. System name: Wildlife Services Management Information System, USDA-APHIS-9. Security classification: None. System location: The files for the Wildlife Services Management Information System are maintained in the offices of Wildlife Services, Riverdale, Maryland; Wildlife Services Information Technology Support Center, Fort Collins, Colorado; Federal and State area offices; and Federal regional offices. The electronic component of the system is housed at the USDA's National Information Technology Center
(NITC)in Kansas City, Missouri. Categories of individuals covered by the system: Ranchers, farmers, livestock dealers (including agents and brokers) handling livestock covered by the program, airport employees, condominium associations, homeowners associations, golf course owners, State, Federal, and Tribal Governments, pest control operators, contract personnel engaged in program activities, private homeowners, and other individuals. Categories of records in the system: The records consist of agreements for services; description of property; names and addresses of those entering the agreement; contact information, including names and telephone numbers; property locations and descriptions, which may include GPS coordinates; and insurance, appraisals, indemnity, and property damage information. Purpose(s) of the system: This system will be used to maintain a record of activities conducted by the agency pursuant to its mission and responsibilities for providing services necessary to manage wildlife damage to agriculture, human health and safety, natural resources, and human property. Authority for maintenance of the system: The Act of March 2, 1931, as amended (7 U.S.C. 426 and 426(b)), and the Act of December 22, 1987 (7 U.S.C. 426(c)). Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, records maintained in the system may be disclosed outside USDA as follows:
(1)To cooperative Federal, State, and local government officials, employees, or contractors, and other parties engaged to assist in administering the program. Such contractors and other parties will be bound by the nondisclosure provisions of the Privacy Act. This routine use assists the agency in carrying out the program, and thus is compatible with the purpose for which the records are created and maintained;
(2)To the appropriate agency, whether Federal, State, local, or foreign, charged with responsibility of investigating or prosecuting a violation of law or of enforcing, implementing, or complying with a statute, rule, regulation, or order issued pursuant thereto, of any record within this system when information available indicates a violation or potential violation of law, whether civil, criminal, or regulatory in nature, and either arising by general statute or particular program statute, or by rule, regulation, or court order issued pursuant thereto;
(3)To the Department of Justice when the agency, or any component thereof, or any employee of the agency in his or her official capacity, or any employee of the agency in his or her individual capacity where the Department of Justice has agreed to represent the employee, or the United States, in litigation, where the agency determines that litigation is likely to affect the agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the agency to be relevant and necessary to the litigation; provided, however, that in each case, the agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected;
(4)For use in a proceeding before a court or adjudicative body before which the agency is authorized to appear, when the agency, or any component thereof, or any employee of the agency in his or her official capacity, or any employee of the agency in his or her individual capacity where the agency has agreed to represent the employee, or the United States, where the agency determines that litigation is likely to affect the agency or any of its components, is a party to litigation or has an interest in such litigation, and the agency determines that use of such records is relevant and necessary to the litigation; provided, however, that in each case, the agency determines that disclosure of the records to the court is a use of the information contained in the records that is compatible with the purpose for which the records were collected;
(5)To appropriate agencies, entities, and persons when the agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; 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, a risk of identity theft or fraud, or a risk of harm to the security or integrity of this system or other systems or programs (whether maintained by the agency or another agency or entity) that rely upon the compromised information; and the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the agency's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm;
(6)To USDA contractors, partner agency employees or contractors, or private industry employed to identify patterns, trends, or anomalies indicative of fraud, waste, or abuse; and
(7)To the National Archives and Records Administration or to the General Services Administration for records management inspections conducted under 44 U.S.C. 2904 and 2906. Disclosure to consumer reporting agencies: None. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Policies for storing, retrieving, accessing, retaining, and disposing of records in the system are outlined in the Wildlife Services Information and Data Management Handbook and the APHIS Records Management Handbook and are summarized below. Storage: The MIS records will be maintained in on-line disk storage and the MIS database. The NITC will provide continuous storage management of the electronic records. Documents that are executed originals will be maintained in State or regional Wildlife Services offices. Retrievability: Under this system, data may be retrieved and organized by agreement number, name of cooperator, or agreement holder. Retrieval permissions for employees who have access to the system are determined by the data usage role of the employee and are compliant with the APHIS “least privilege” rule. Safeguards: Control measures designed to prevent misuse of accessible data include unique user identification, a password protection protocol, and limitation of user roles through compartmentalization of allowed access. Agency implemented cybersecurity measures and firewalls are built into the application user interface, and monitoring of use of the MIS for profiles of misuse is possible. The hard copy components of the system, and computer files, tapes, and disks are kept in a safeguarded environment with access only by authorized personnel. Retention and disposal: Information identifying cooperators is kept in the system as long as a cooperator retains an active agreement with WS. Federal and State employee information is kept active in the system as long as the individual works for WS. Upon termination of employment or lapse of an active agreement, information is archived by fiscal year for 15 years. Data elimination procedures are in accordance with National Archives and Records Administration and existing APHIS policy. System manager(s) and address: Director, Information Technology Support Center, Wildlife Services, USDA/APHIS, NRRC, 2150 Centre Avenue, Building A, Suite 143, Fort Collins, CO 80526. Notification procedure: Any individual may request general information regarding this system of records or information as to whether the system contains records pertaining to him/her from the system manager at the address above. All inquiries pertaining to this system should be in writing, must name the system of records as set forth in the system notice, and must contain the individual's name, telephone number, address, and e-mail address. Record access procedures: Any individual may obtain information from a record in the system that pertains to him or her. Requests for hard copies of records should be in writing, and the request must contain the requesting individual's name, address, name of the system of records, timeframe for the records in question, any other pertinent information to help identify the file, and a copy of his/her photo identification containing a current address for verification of identification. All inquiries should be addressed to the Freedom of Information and Privacy Act Staff, Legislative and Public Affairs, APHIS, 4700 River Road Unit 50, Riverdale, MD 20737-1232. Contesting record procedures: Any individual may contest information contained within a record in the system that pertains to him/her by submitting a written request to the system manager at the address above. Include the reason for contesting the record and the proposed amendment to the information with supporting documentation to show how the record is inaccurate. Record source categories: WS users generate data about the work performed by WS. Other data is collected by voluntary submission by cooperators. Exemptions claimed for the system: None. [FR Doc. E8-9406 Filed 4-29-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Office of the Secretary [Docket No. APHIS-2006-0185] Privacy Act Systems of Records; APHIS Comprehensive Electronic Permitting System (ePermits) AGENCY: Office of the Secretary, USDA. ACTION: Notice of a proposed new system of records; request for comment. SUMMARY: The U.S. Department of Agriculture proposes to add a system of records to its inventory of records systems subject to the Privacy Act of 1974, as amended. The system of records being proposed is the APHIS Comprehensive Electronic Permitting System (ePermits). This notice is necessary to meet the requirements of the Privacy Act to publish in the **Federal Register** notice of the existence and character of record systems maintained by the agency. Although the Privacy Act requires only that the portion of the system that describes “routine uses” of the system be published for comment, we invite comment on all portions of this notice. DATES: *Effective Date:* This system will be adopted without further notice on June 9, 2008 unless modified to respond to comments received from the public and published in a subsequent notice. *Comment date:* Comments must be received, in writing, on or before May 30, 2008. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0185* , and follow the instructions for submitting comments. • *Postal Mail/Commercial Delivery:* Docket No. APHIS-2006-0185, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. *Docket:* You may view comments we receive at the Federal eRulemaking Portal (Web address above) or in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. FOR FURTHER INFORMATION CONTACT: Ms. Alison Young, Branch Chief, Project Management, Information Technology Development and Coordination, Plant Protection and Quarantine, APHIS, 4700 River Road Unit 144, Riverdale, MD 20737;
(301)734-3821. SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (5 U.S.C. 552a), requires agencies to publish in the **Federal Register** a notice of new or revised system of records maintained by the agency. A system of records is a group of any records under the control of any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to an individual. The Animal and Plant Health Inspection Service (APHIS) is proposing to add a new system of records, entitled APHIS Comprehensive Electronic Permitting System (ePermits), that will be used to support the permitting processes for the Plant Protection and Quarantine (PPQ), Veterinary Services (VS), and Biotechnology Regulatory Services
(BRS)programs within APHIS. Under the authority of the Plant Protection Act (7 U.S.C. 7701 *et seq.* ) and the Animal Health Protection Act (7 U.S.C. 8301 *et seq.* ), APHIS regulates the importation, entry, exportation, and interstate movement of animals, plants, biological control organisms, noxious weeds, animal and plant products, and other articles, as necessary to prevent the introduction and interstate spread of plant pests, and pests and diseases of livestock. Under the authority of the Honeybee Act (7 U.S.C. 281 *et seq.* ), APHIS regulates the importation of honeybees and honeybee semen into the United States to prevent the introduction of diseases and parasites of honeybees and of undesirable species, such as African honeybees. In many cases, APHIS requires persons wishing to move a regulated commodity into, from, or within the United States, to apply for a permit. The ePermits system enables customers to apply for a permit, pay permit application fees, check the status of a permit application, and view issued permits and other information online in a secure manner. Individuals who may use this system include designated collaborators and permit applicants such as importers, agents, brokers, and researchers. Applicants will enter necessary information into the system in order to create an application for a permit. Such information includes personal information such as name, business name, mailing address, telephone number, e-mail address, and fax number; information concerning the regulated article for which a permit is sought, such as the proposed article, shipment information, country of origin, and proposed treatment methods; and may also include supporting documentation such as compliance and inspection reports and agreements. For permits that require fee payments, the system uses such information as payment amount, payment date, and user fee account number, check number, or last four digits of the credit card. The system also uses information about APHIS permit staff employees, including name, address, telephone number, e-mail address, organization name and job function, and, in some cases, a digital image of the handwritten employee signature. This information is necessary for APHIS to evaluate data in order to manage and issue permits and notifications; perform inspections, investigations, and permit-related activities; prepare permits, letters, and other documents; generate reports to evaluate quality control and effectiveness of the program; determine if the action requested in the permit application would be additionally subject to other Federal or State authorities; and facilitate and account for payments. Routine Uses of Records Maintained in the System, Including Categories of Users and the Purposes of Such Uses APHIS may disclose information in the ePermits system to the Department of Homeland Security's Customs and Border Protection agency, which inspects shipments that arrive at United States ports for compliance with permit conditions. APHIS may also disclose information in the ePermits system to cooperative Federal, State, and local government officials, employees, or contractors, and other parties engaged in administering the program. APHIS may disclose information to State government regulatory officials in the State of destination for review and comment. Other routine uses of this information include releases related to investigations pertaining to violations of law or related to litigation. A complete listing of the routine uses for this system is included in the accompanying document that is published along with this notice. The proposed information collection devices associated with the ePermits system have been approved by the Office of Management and Budget under the Paperwork Reduction Act. Title and Business Address of the Agency Official Responsible for the System of Record Chief Information Officer, U.S. Department of Agriculture, 1400 Independence Avenue, SW., Washington, DC 20250. Report on New System A report on the new system of records, required by 5 U.S.C. 552a(r), as implemented by Office of Management and Budget Circular A-130, was sent to the Chairman, Committee on Homeland Security and Governmental Affairs, United States Senate; the Chairman, Committee on Oversight and Government Reform, U.S. House of Representatives; and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget. Dated: April 17, 2008. Edward T. Schafer, Secretary. System name: APHIS Comprehensive Electronic Permitting System (ePermits), USDA-APHIS-10. Security classification: None. System location: Paper files for the APHIS Comprehensive Electronic Permitting System (ePermits) are maintained in the offices of Biotechnology Regulatory Services (BRS), Plant Protection and Quarantine (PPQ), and Veterinary Services
(VS)in Riverdale, MD. The ePermits production system and associated electronic files are maintained at USDA's National Information Technology Center
(NITC)in Kansas City, MO. Categories of individuals covered by the system: Permit applicants and designated collaborators, such as importers, agents, brokers, and researchers; and APHIS permit staff employees. Categories of records in the system: The records in this system may contain name, business name, mailing address, e-mail address, telephone and fax numbers, proposed articles to be permitted, shipment information, country of origin, proposed treatment methods, and compliance and inspection agreements or reports. For permits that require fee payments, the system may contain information about payment amount, payment date, and user fee account number, check number, or last four digits of the credit card. Authority for maintenance of the system: The Honeybee Act, 7 U.S.C. 281-286; the Plant Protection Act, 7 U.S.C. 7701-7772 and 7781-7786; and the Animal Health Protection Act, 7 U.S.C. 8301-8321. Purposes(s) of the system: This system will be used to enable persons wishing to move a regulated commodity into, from, or within the United States to apply for a permit, pay permit application fees, check the status of a permit application, and view issued permits and other information online in a secure manner. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, records maintained in the system may be disclosed outside USDA as follows:
(1)To the Department of Homeland Security's Customs and Border Protection agency, which inspects shipments that arrive at United States ports for compliance with permit conditions;
(2)To cooperative Federal, State, and local government officials, employees, or contractors, and other parties engaged to assist in administering the program. Such contractors and other parties will be bound by the nondisclosure provisions of the Privacy Act. This routine use assists the agency in carrying out the program, and thus is compatible with the purpose for which the records are created and maintained;
(3)To State government regulatory officials in the State of destination for review and comment;
(4)To the appropriate agency, whether Federal, State, local, or foreign, charged with responsibility of investigating or prosecuting a violation of law or of enforcing, implementing, or complying with a statute, rule, regulation, or order issued pursuant thereto, of any record within this system when information available indicates a violation or potential violation of law, whether civil, criminal, or regulatory in nature, and either arising by general statute or particular program statute, or by rule, regulation, or court order issued pursuant thereto;
(5)To the Department of Justice when the agency, or any component thereof, or any employee of the agency in his or her official capacity, or any employee of the agency in his or her individual capacity where the Department of Justice has agreed to represent the employee, or the United States, in litigation, where the agency determines that litigation is likely to affect the agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the agency to be relevant and necessary to the litigation; provided, however, that in each case, the agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected;
(6)For use in a proceeding before a court or adjudicative body before which the agency is authorized to appear, when the agency, or any component thereof, or any employee of the agency in his or her official capacity, or any employee of the agency in his or her individual capacity where the agency has agreed to represent the employee, or the United States, where the agency determines that litigation is likely to affect the agency or any of its components, is a party to litigation or has an interest in such litigation, and the agency determines that use of such records is relevant and necessary to the litigation; provided, however, that in each case, the agency determines that disclosure of the records to the court is a use of the information contained in the records that is compatible with the purpose for which the records were collected;
(7)To appropriate agencies, entities, and persons when the agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; 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, a risk of identity theft or fraud, or a risk of harm to the security or integrity of this system or other systems or programs (whether maintained by the agency or another agency or entity) that rely upon the compromised information; and the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the agency's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm;
(8)To USDA contractors, partner agency employees or contractors, or private industry employed to identify patterns, trends or anomalies indicative of fraud, waste, or abuse; and
(9)To the National Archives and Records Administration or to the General Services Administration for records management inspections conducted under 44 U.S.C. 2904 and 2906. Disclosure to consumer reporting agencies: None. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper files for the APHIS Comprehensive Electronic Permitting System are maintained, according to the responsible program, in the offices of BRS, PPQ, and VS in Riverdale, MD. The USDA National Information Technology Center in Missouri will house the ePermits system servers. Retrievability: Records are retrieved by use of individual's name, business name, business address, regulated article, country of origin, application number, and permit number. Safeguards: All ePermits users are required to complete USDA's registration process called eAuthentication, a system that enables individuals to obtain user-identification accounts that allow password protected access to certain USDA web-based applications and services through the Internet. The web-based service identifies and validates USDA customers before they can access ePermits. Role-based security and access rights are implemented to protect the security of the information. Additionally, the ePermits security plan includes management, operational, and technical controls to prevent misuse of data by system users. Retention and disposal: Paper records will be held according to the record retention schedules of each program. BRS and VS paper records will be retained for 5 years. PPQ paper records will be retained for a period of 3 to 7 years depending on the type of permit issued. Electronic records will be maintained for 15 years consistent with record retention requirements for policy-related information. System manager(s) and address: *For BRS records:* Branch Chief, Biotechnology Regulatory Operations, Biotechnology Regulatory Services, USDA, APHIS, 4700 River Road Unit 91, Riverdale, MD 20737. *For PPQ records:* Director, Permits, Registrations, Imports & Manuals, Plant Health Programs, USDA, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737. *For VS records:* Director, National Center for Import and Export, Technical Trade Services Team, Veterinary Services, USDA, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737. Notification procedure: Any individual may request general information regarding this system of records or information as to whether the system contains records pertaining to him/her from the system manager at the address above. All inquiries pertaining to this system should be in writing, must name the system of records as set forth in the system notice, and must contain the individual's name, telephone number, address, and e-mail address. Record access procedures: Any individual may obtain information from a record in the system that pertains to him or her. Requests for hard copies of records should be in writing, and the request must contain the requesting individual's name, address, name of the system of records, timeframe for the records in question, any other pertinent information to help identify the file, and a copy of his/her photo identification containing a current address for verification of identification. All inquiries should be addressed to the Freedom of Information and Privacy Act Staff, Legislative and Public Affairs, APHIS, 4700 River Road Unit 50, Riverdale, MD 20737-1232. Contesting record procedures: Any individual may contest information contained within a record in the system that pertains to him/her by submitting a written request to the system manager at the address above. Include the reason for contesting the record and the proposed amendment to the information with supporting documentation to show how the record is inaccurate. Record source categories: Information in this system comes primarily from the user. APHIS employees and State government regulatory officials will also enter data into the system. Exemptions claimed for the system: None. [FR Doc. E8-9407 Filed 4-29-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Office of the Secretary [Docket No. APHIS-2008-0039] Privacy Act Systems of Records; APHIS Emergency Management Response System AGENCY: Office of the Secretary, USDA. ACTION: Notice of a proposed new system of records; request for comment. SUMMARY: The U.S. Department of Agriculture proposes to add a system of records to its inventory of records systems subject to the Privacy Act of 1974, as amended. The system of records being proposed is the APHIS Emergency Management Response System. This notice is necessary to meet the requirements of the Privacy Act to publish in the **Federal Register** notice of the existence and character of record systems maintained by the agency. Although the Privacy Act requires only that the portion of the system which describes the “routine uses” of the system be published for comment, we invite comment on all portions of this notice. DATES: *Effective Date:* This system will be adopted without further notice on June 9, 2008 unless modified to respond to comments received from the public and published in a subsequent notice. *Comment date:* Comments must be received, in writing, on or before May 30, 2008. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal: Go to: http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0039* and follow the instructions for submitting comments. • *Postal Mail/Commercial Delivery:* Docket No. APHIS-2008-0039, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. *Docket:* You may view any comments we receive at the Federal eRulemaking Portal (Web address above) or in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. FOR FURTHER INFORMATION CONTACT: Dr. Jose R. Diez, Associate Deputy Administrator-Emergency Management and Diagnostics, VS, APHIS, 4700 River Road Unit 41, Riverdale, MD 20737;
(301)734-8073. SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (5 U.S.C. 552a), requires agencies to publish in the **Federal Register** notice of new or revised systems of records maintained by the agency. A system of records is a group of any records under the control of any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to an individual. The Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture
(USDA)is proposing to add a new system of records, entitled Emergency Management Response System (EMRS), that will be used to maintain records of activities conducted by the agency pursuant to its mission and responsibilities authorized by the Animal Health Protection Act (7 U.S.C. 8301 *et seq.* ). APHIS's Veterinary Services
(VS)program uses the EMRS to help manage and investigate incidents of foreign animal diseases in the United States. If a foreign animal disease were to be detected in the United States, VS would activate its Incident Command System (ICS). ICS team members are trained to control and eradicate foreign animal diseases. As necessary and appropriate for the specific incident, team members would confirm the presence of the disease, inspect infected and exposed animals, appraise the value of animals that may have to be destroyed, conduct vaccination programs and epidemiological studies, dispose of animal carcasses, and clean and disinfect premises, among other things. Records of these activities would be maintained in the EMRS. The EMRS contains personally identifiable information about the owner or operator of the premises where the animal(s) subject to investigation are located. Such information includes name; address, including city, county, State, postal code, and latitude/longitude coordinates; premises identification number; and telephone number. The EMRS may also contain the name and telephone number of the person(s) who provided the initial report concerning the premises, and the name, telephone number, and e-mail address of the person responsible for the investigation of the premises. The EMRS also contains information about APHIS employees who may be deployed as members of ICS teams. Such information may include encrypted social security number; home address; home e-mail; emergency contact information; supervisor contact information; skills, experience, and training; position certifications; and medical clearance information. Routine Uses of Records Maintained in the System, Including Categories of Users and the Purposes of Such Uses APHIS may routinely share data in the EMRS with certain Federal and State animal health officials to monitor the status of an animal disease investigation, document the actions taken relating to an animal disease investigation, track the status of animals susceptible to foreign animal diseases, determine the costs of an animal disease investigation, monitor the usage and availability of assets and personnel relating to an animal disease investigation, or perform epidemiological and geospatial analyses of such investigations. APHIS may disseminate information to Federal and State animal health officials within the system for educational purposes and to obtain feedback regarding the EMRS program and emergency preparedness guidelines. APHIS may share data with the National Biosurveillance Integration System and the Offshore Pest Information System to aid in monitoring an animal disease investigation. Other routine uses of this information include releases related to investigations pertaining to violations of law or related to litigation. A complete listing of the routine uses for this system is included in the accompanying document that is published along with this notice. The proposed information collection requests associated with this system have been approved by the Office of Management and Budget under the Paperwork Reduction Act. Title and Business Address of the Agency Official Responsible for the System of Record Chief Information Officer, U.S. Department of Agriculture, 1400 Independence Avenue, SW., Washington, DC 20250. Report on New System A report on the new system of records, required by 5 U.S.C. 552a(r), as implemented by Office of Management and Budget Circular A-130, was sent to the Chairman, Committee on Homeland Security and Governmental Affairs, United States Senate; the Chairman, Committee on Oversight and Government Reform, U.S. House of Representatives; and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget. Dated: April 21, 2008. Edward T. Schafer, Secretary. System name: Emergency Management Response System (EMRS), USDA-APHIS-11. Security classification: None. System location: All EMRS data is maintained on three servers, located in APHIS offices in Riverdale, MD, and at the APHIS Centers for Epidemiology and Animal Health in Ft. Collins, CO. Categories of individuals covered by the system: Customers, including the owner or operator of the premises where the animals subject to investigation are located and the referring contact who provided initial premises information; and certain APHIS employees. Categories of records in the system: For the owner or operator of the premises where the animals subject to investigation are located, the following information will be retained: Name; address, including city, county, State, postal code, and latitude/longitude coordinates; premises identification number; and telephone number. Information retained about the referring contact includes name and telephone number. For the case coordinator of the premises investigation the following information will be retained: Name, phone number, and e-mail address. The information retained for APHIS employees includes name; agency, program, and group; current duty assignment; encrypted social security number; grade, series, and step; duty city and state; home address, including latitude/longitude coordinates; home telephone number; home e-mail address; emergency contact information; work and field addresses, e-mail addresses and telephone numbers; supervisor contact information; personal protective equipment type, size, and model; existing and desired skills, experience and training; position certifications; AgLearn training classes; medical clearance information; and a description of property or fleet vehicle assigned to the employee. Authority for maintenance of the system: Animal Health Protection Act (7 U.S.C. 8301 *et seq.).* Purpose(s): APHIS Veterinary Services
(VS)program uses the EMRS to help manage and investigate incidents of foreign animal diseases in the United States. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, records maintained in the system may be disclosed outside USDA as follows:
(1)To certain Federal and State animal health officials to monitor the status of an animal disease investigation, document actions taken relating to an animal disease investigation, track the status of animals susceptible to foreign animal diseases, determine the costs of an animal disease investigation, monitor the usage and availability of assets and personnel relating to animal disease investigations, or perform epidemiological and geospatial analyses of such investigations;
(2)To Federal and State animal health officials within the system to obtain feedback regarding the EMRS system and emergency preparedness guidelines, and to educate and involve them in program development, program requirements, and standards of conduct;
(3)To the National Biosurveillance Integration System and the Offshore Pest Information System to aid in monitoring an animal disease investigation;
(4)To the appropriate agency, whether Federal, State, local, or foreign, charged with responsibility of investigating or prosecuting a violation of law or of enforcing, implementing, or complying with a statute, rule, regulation, or order issued pursuant thereto, of any record within this system when information available indicates a violation or potential violation of law, whether civil, criminal, or regulatory in nature, and either arising by general statute or particular program statute, or by rule, regulation, or court order issued pursuant thereto;
(5)To the Department of Justice when the agency, or any component thereof, or any employee of the agency in his or her official capacity, or any employee of the agency in his or her individual capacity where the Department of Justice has agreed to represent the employee, or the United States, in litigation, where the agency determines that litigation is likely to affect the agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the agency to be relevant and necessary to the litigation; provided, however, that in each case, the agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected;
(6)For use in a proceeding before a court or adjudicative body before which the agency is authorized to appear, when the agency, or any component thereof, or any employee of the agency in his or her official capacity, or any employee of the agency in his or her individual capacity where the agency has agreed to represent the employee, or the United States, where the agency determines that litigation is likely to affect the agency or any of its components, is a party to litigation or has an interest in such litigation, and the agency determines that use of such records is relevant and necessary to the litigation; provided, however, that in each case, the agency determines that disclosure of the records to the court is a use of the information contained in the records that is compatible with the purpose for which the records were collected;
(7)To appropriate agencies, entities, and persons when the agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; 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, a risk of identity theft or fraud, or a risk of harm to the security or integrity of this system or other systems or programs (whether maintained by the agency or another agency or entity) that rely upon the compromised information; and the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the agency's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm;
(8)To contractors and other parties engaged to assist in administering the program. Such contractors and other parties will be bound by the nondisclosure provisions of the Privacy Act. This routine use assists the agency in carrying out the program, and thus is compatible with the purpose for which the records are created and maintained;
(9)To USDA contractors, partner agency employees or contractors, or private industry employed to identify patterns, trends or anomalies indicative of fraud, waste, or abuse; and
(10)To the National Archives and Records Administration or to the General Services Administration for records management inspections conducted under 44 U.S.C. 2904 and 2906. Disclosure to consumer reporting agencies: None. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: The electronic master data for the EMRS is stored on servers. Following an animal disease outbreak, data from the investigation may be burned onto compact discs. Retrievability: Data regarding an investigation can be retrieved by premises identification number, reference control number, premises name, incident group, or incident site. Data regarding an employee can be retrieved by name, employee identification number, title, organization, property, or fleet vehicle. Safeguards: The EMRS security plan includes management, operational, and technical controls to prevent misuse of data by system users. These controls include role-based access. Most individuals have access limited to data from their State or area. Social security number (employee only) and home contact information is viewable and may be updated only by the individual to whom it applies or by individuals with specific roles to view or update these fields. Retention and disposal: Routine investigational EMRS data will be retained in the server indefinitely. After an animal disease outbreak, data will be burned onto a compact disc for use by outbreak management personnel and retained indefinitely. Employee data is maintained as long as the individual is employed and may be maintained for up to 5 years after employment ceases in case the employee is reemployed during emergencies. System managers(s) and address: Center Leader—Center for Animal Disease Information, Centers for Epidemiology and Animal Health, Veterinary Services, APHIS, USDA, 2150 Centre Avenue, Building B, Fort Collins, CO 80526. Notification procedure: Any individual may request general information regarding this system of records or information as to whether the system contains records pertaining to him/her from the system manager at the address above. All inquiries pertaining to this system should be in writing, must name the system of records as set forth in the system notice, and must contain the individual's name, telephone number, address, and e-mail address. Record access procedures: Any individual may obtain information from a record in the system that pertains to him or her. Requests for hard copies of records should be in writing, and the request must contain the requesting individual's name, address, name of the system of records, timeframe for the records in question, any other pertinent information to help identify the file, and a copy of his/her photo identification containing a current address for verification of identification. All inquiries should be addressed to the Freedom of Information and Privacy Act Staff, Legislative and Public Affairs, APHIS, 4700 River Road Unit 50, Riverdale, MD 20737-1232. Contesting record procedures: Any individual may contest information contained within a record in the system that pertains to him/her by submitting a written request to the system manager at the address above. Include the reason for contesting the record and the proposed amendment to the information with supporting documentation to show how the record is inaccurate. Record source categories: Information in this system comes primarily from the customers, including the owner or operator of the premises where the animals subject to investigation are located, and the referring contact who provided initial premises information. Such information may be supplemented by information from an address-validation database, by APHIS personnel during an on-site investigation, by State veterinarian offices, or by APHIS's National Veterinary Services Laboratories. Employee information is obtained primarily from the employee. Additionally, employee data may be obtained from the USDA's National Finance Center and AgLearn database, and from Federal Occupational Health, U.S. Department of Health and Human Services. Exemptions claimed for the system: None. [FR Doc. E8-9418 Filed 4-29-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Office of the Secretary [Docket No. APHIS-2007-0015] Privacy Act Systems of Records; APHIS National Animal Identification System
(NAIS)AGENCY: Office of the Secretary, USDA. ACTION: Notice of a proposed new system of records; request for comment. SUMMARY: In accordance with the Privacy Act of 1974, as amended, the U.S. Department of Agriculture
(USDA)proposes to add a system of records to its inventory of records systems. The system of records being proposed is the APHIS National Animal Identification System (NAIS). This notice is necessary to meet the requirements of the Privacy Act to publish in the **Federal Register** notice of the existence and character of record systems maintained by the agency. Although the Privacy Act requires only that the portion of the system that describes “routine uses” of the system be published for comment, we invite comment on all portions of this notice. DATES: *Effective Date:* This system will be adopted without further notice on June 9, 2008 unless modified to respond to comments received from the public and published in a subsequent notice. *Comment date:* Comments must be received, in writing, on or before May 30, 2008. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov/fdmspublic/component/main?main=­DocketDetail&d=APHIS-2007-0015,* and follow the instructions for submitting comments. • *Postal Mail/Commercial Delivery:* Docket No. APHIS-2007-0015, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. *Docket:* You may view comments we receive at the Federal eRulemaking Portal (Web address above) or in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. FOR FURTHER INFORMATION CONTACT: Mr. Vince Chapman, Program Analyst, National Animal Identification System, VS, APHIS, 4700 River Road Unit 200, Riverdale, MD 20737;
(301)734-0739. SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (5 U.S.C. 552a), requires agencies to publish in the **Federal Register** notice of new or revised systems of records maintained by the agency. A system of records is a group of any records under the control of any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to an individual. The Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture
(USDA)is proposing to add a new system of records, entitled the National Animal Identification System (NAIS), that will be used to maintain a record of activities conducted by the agency pursuant to its mission and responsibilities authorized by the Animal Health Protection Act (7 U.S.C. 8301 *et seq.* ). The NAIS is a cooperative State-Federal-industry program administered by APHIS. The NAIS is a streamlined information system that helps producers and animal health officials respond quickly and effectively to animal disease events in the United States. The goal of NAIS, for which participation at the Federal level is voluntary, is to have the information necessary to trace all animals associated with an incident of an animal disease within 48 hours in order to limit disease spread and thereby reduce the impact of disease on America's agricultural producers. The first component of the program, premises registration, is well underway and the second component, animal identification, is being implemented for several species. The third component, animal tracing, is currently under development with USDA's State and industry partners. Industry, through private systems, and States will manage the animal tracking databases that maintain the movement records of animals. These information systems will provide the location of a subject animal and the records of other animals that the subject animal came into contact with at each premises, should such information be requested in response to a disease event or other activity as defined in the agreement with the organization that maintains the animal tracking database. USDA's portion of this information system consists of the Standardized Premises Registration System (SPRS), the National Premises Information Repository (NPIR), the Animal Identification Number Management System (AINMS), and the Animal Trace Processing System (ATPS). These components of the NAIS facilitate the registration of premises where livestock and poultry are housed or kept and the identification of animals or groups of animals. They also allow Federal and State efforts to obtain access to animal movement information held in State and private animal tracking databases when such information is needed to investigate an animal disease event. Routine Uses of Records Maintained in the System, Including Categories of Users and the Purposes of Such Uses APHIS may routinely share information contained in USDA's portion of the NAIS with Federal and State animal health officials during an incident of an animal disease, bioterrorism, or other animal health event. APHIS may disseminate information to Federal and State animal health officials within the system for educational purposes and to obtain feedback regarding the NAIS program and emergency preparedness guidelines. Other routine uses of this information include releases related to investigations pertaining to violations of law or related to litigation. A complete listing of the routine uses for this system is included in this notice. The information collection requests associated with this system have been approved by the Office of Management and Budget
(OMB)under the Paperwork Reduction Act. Title and Business Address of the Agency Official Responsible for the System of Record Chief Information Officer, U.S. Department of Agriculture, 1400 Independence Ave., SW., Washington, DC 20250. Report on a New System of Records A report on the new system of records, required by 5 U.S.C. 552a(r), as implemented by OMB Circular A-130, was sent to the Chairman, Committee on Homeland Security and Governmental Affairs, United States Senate; the Chairman, Committee on Oversight and Government Reform, U.S. House of Representatives; and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget. Dated: April 17, 2008. Edward T. Schafer, Secretary. System name: National Animal Identification System (NAIS), USDA-APHIS-16. This system consists of the Standardized Premises Registration System (SPRS), the National Premises Information Repository (NPIR), the Animal Identification Number Management System (AINMS), and the Animal Trace Processing System (ATPS). Security classification: None. System location: The master data for the NAIS reside on servers in the computer room at the USDA National Information Technology Center in Kansas City, MO. A backup site for the data is located at the APHIS Centers for Epidemiology and Animal Health in Ft. Collins, CO. Categories of individuals covered by the system: Livestock producers and individuals who are responsible for the care of livestock and poultry; individuals who are the contact person for locations where animals are marketed, assembled, exhibited, treated, processed, etc.; manufacturers of animal identification devices; and companies that maintain animal tracking databases. Categories of records in the system: Records may include name of entity; contact person for premises; street address of premises, including city, State and postal code; latitude/longitude coordinates or global positioning system
(GPS)coordinates of the premises; telephone number(s) and e-mail address of contact person for premises; type of operation (e.g., production, market, exhibition, or slaughter plant); the date the premises registration was activated; the date the premises registration was retired; and the reason the registration was retired; animal identification numbers, premises identification numbers, and nonproducer participant numbers. Animal identification number tag manufacturers and companies providing animal tracking data may be required to provide business internet address (URL). Authority for maintenance of the system: The authority for maintenance of this system is the Animal Health Protection Act (7 U.S.C. 8301 *et seq.* ). Purpose(s): The NAIS is a cooperative State-Federal-industry program administered by the Animal and Plant Health Inspection Service (APHIS), U.S. Department of Agriculture (USDA). The NAIS is an information system that will help producers and animal health officials respond quickly and effectively to animal disease events in the United States. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, records maintained in the system may be disclosed outside USDA as follows:
(1)To Federal and State animal health officials in order to contain and respond to a foreign animal disease event, bioterrorism, or other animal health event. Use of the information contained in the NAIS aids in the determination of the origin of an incident of an animal disease and in the location of exposed and potentially exposed animals;
(2)To Federal and State animal health officials within the system to obtain feedback regarding the NAIS program and emergency preparedness guidelines; to educate and involve them in program development, program requirements, and standards of conduct; and to validate such information;
(3)To the appropriate agency, whether Federal, State, local, or foreign, charged with responsibility of investigating or prosecuting a violation of law or of enforcing, implementing, or complying with a statute, rule, regulation, or order issued pursuant thereto, of any record within this system when information available indicates a violation or potential violation of law, whether civil, criminal, or regulatory in nature, and either arising by general statute or particular program statute, or by rule, regulation, or court order issued pursuant thereto;
(4)To the Department of Justice when the agency, or any component thereof, or any employee of the agency in his or her official capacity, or any employee of the agency in his or her individual capacity where the Department of Justice has agreed to represent the employee or the United States, in litigation, where the agency determines that litigation is likely to affect the agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the agency to be relevant and necessary to the litigation; provided, however, that in each case, the agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected;
(5)For use in a proceeding before a court or adjudicative body before which the agency is authorized to appear, when the agency, or any component thereof, or any employee of the agency in his or her official capacity, or any employee of the agency in his or her individual capacity where the agency has agreed to represent the employee, or the United States, where the agency determines that litigation is likely to affect the agency or any of its components, is a party to litigation or has an interest in such litigation, and the agency determines that use of such records is relevant and necessary to the litigation; provided, however, that in each case, the agency determines that disclosure of the records to the court is a use of the information contained in the records that is compatible with the purpose for which the records were collected;
(6)To appropriate agencies, entities, and persons when the agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; 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, a risk of identity theft or fraud, or a risk of harm to the security or integrity of this system or other systems or programs (whether maintained by the agency or another agency or entity) that rely upon the compromised information; and the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the agency's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm;
(7)To contractors and other parties engaged to assist in administering the program. Such contractors and other parties will be bound by the nondisclosure provisions of the Privacy Act. This routine use assists the agency in carrying out the program, and thus is compatible with the purpose for which the records are created and maintained;
(8)To USDA contractors, partner agency employees or contractors, or private industry employed to identify patterns, trends or anomalies indicative of fraud, waste, or abuse. Such contractors and other parties will be bound by the nondisclosure provisions of the Privacy Act; and
(9)To the National Archives and Records Administration or to the General Services Administration for records management inspections conducted under 44 U.S.C. 2904 and 2906. Disclosure to consumer reporting agencies: None. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: The electronic master data for the NAIS is stored on servers. All servers for the NAIS are backed up nightly. Backup media is taken weekly to an offsite storage facility and stored on tape. Retrievability: Data can be retrieved by animal identification number, premises identification number, premises address, and name of contact person for the premises. Safeguards: The data is kept in a secure environment accessible only by authorized users provided a user ID and password by USDA personnel. The computer room has safeguards that limit physical access. Electronic users are required to obtain USDA Level 2 eAuthentication credentials, and user roles limit access to the data. Access is monitored by USDA officials to ensure authorized and appropriate use of the data. Retention and disposal: Electronic NAIS data is currently retained on the servers for an indefinite time. System manager(s) and address: Senior Staff Officer—NAIS Coordinator, Veterinary Services, APHIS, 4700 River Road Unit 200, Riverdale, MD 20737. Notification procedure: Any individual may request general information regarding this system of records or information as to whether the system contains records pertaining to him/her from the system manager at the address above. All inquiries pertaining to this system should be in writing, must name the system of records as set forth in the system notice, and must contain the individual's name, telephone number, address, and e-mail address. Record access procedures: Any individual may obtain information from a record in the system that pertains to him or her. Requests for hard copies of records should be in writing, and the request must contain the requesting individual's name, address, name of the system of records, timeframe for the records in question, any other pertinent information to help identify the file, and a copy of his/her photo identification containing a current address for verification of identification. All inquiries should be addressed to the Freedom of Information and Privacy Act Staff, Legislative and Public Affairs, APHIS, 4700 River Road Unit 50, Riverdale, MD 20737-1232. Contesting record procedures: Any individual may contest information contained within a record in the system that pertains to him/her by submitting a written request to the system manager at the address above. Include the reason for contesting the record and the proposed amendment to the information with supporting documentation to show how the record is inaccurate. Record source categories: Information in the NAIS comes from members of the public, either individuals or businesses, involved in or supporting the production, management, or holding of livestock or poultry. Exemptions claimed for the system: None. [FR Doc. E8-9419 Filed 4-29-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Office of the Secretary [Docket No. APHIS 2008-0026] Privacy Act Systems of Records; APHIS Automated Trust Funds
(ATF)Database AGENCY: Office of the Secretary, USDA. ACTION: Notice of a proposed new system of records; request for comment. SUMMARY: The U.S. Department of Agriculture proposes to add a system of records to its inventory of records systems subject to the Privacy Act of 1974, as amended. The system of records being proposed is the APHIS Automated Trust Funds
(ATF)database. This notice is necessary to meet the requirements of the Privacy Act to publish in the **Federal Register** notice of the existence and character of record systems maintained by the agency. Although the Privacy Act requires only that the portion of the system that describes the “routine uses” of the system be published for comment, we invite comment on all portions of this notice. DATES: *Effective date:* This system will be adopted without further notice on June 9, 2008 unless modified to respond to comments received from the public and published in a subsequent notice. *Comment date:* Comments must be received in writing, on or before May 30, 2008. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to: *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0026* and follow the instructions for submitting comments. • *Postal Mail/Commercial Delivery:* Docket No. APHIS-2008-0026, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. *Docket:* You may view any comments we receive at the Federal eRulemaking Portal (Web address above) or in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. FOR FURTHER INFORMATION CONTACT: Ms. Vikki Soukup, Program Manager/Supervisory Accountant, Accounting and Payment Team, Financial Management Division, Marketing and Regulatory Programs Business Services, APHIS, 100 North Sixth Street, Butler Square West, 5th Floor, Minneapolis, MN 55403;
(612)336-3237. SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (5 U.S.C. 552a), requires agencies to publish in the **Federal Register** a notice of new or revised systems of records maintained by the agency. A system of records is a group of any records under the control of any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to an individual. The Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture
(USDA)is proposing to add a new system of records, titled Automated Trust Funds
(ATF)database. It will be used to maintain a record of activities conducted by the agency pursuant to its responsibilities authorized by the Federal Information Security Management Act of 2002 (44 U.S.C. 3541 *et seq.* ), the Chief Financial Officers Act of 1990 (31 U.S.C. 101 *et seq.* ), the Clinger-Cohen Act of 1996 (40 U.S.C. 1401(3)), and the Federal Managers' Financial Integrity Act of 1982, Public Law 97-255. In order to ensure that animals and plants and their products do not introduce pests or diseases when imported into the United States, APHIS may perform inspections and provide other services to cooperators who have signed trust fund agreements with APHIS. Cooperators may be foreign associations and shippers and U.S. companies. APHIS incurs costs associated with such inspections and services, such as the costs of inspectors' salaries, supplies, overtime, travel, and other miscellaneous expenses. Cooperators are required to pay for these expenses from a trust fund established in their name that holds monies collected in advance of services. The ATF database is an accounting system that uses financial data extracted directly from the USDA Financial Data Warehouse
(FDW)to generate monthly cooperator account statements. Data in the FDW is derived solely from USDA sources. APHIS reviews each statement for accuracy of expenditures and collections transactions in order to ensure that APHIS has collected the correct amount of money for the services performed. These statements are distributed to APHIS field offices for the purpose of addressing cooperator queries and providing status of trust fund accounts. An individual statement is also mailed to each cooperator. Information in the ATF is used to update the Foundation Financial Information System, the official APHIS financial system. Data in the ATF database is not shared with or derived from international, Federal, State, local, or other agencies. The ATF database contains personally identifiable information about cooperators. It contains cooperator company name; company address, including country; account number; and account balance, including collections, expenses, deposits, and refunds. It may also contain company contact information, including name, telephone number, and mailing address. The records also include inspection information such as name of inspector, overtime paid, and travel dates with the corresponding charges. Routine Uses of Records Maintained in the System, Including Categories of Users and the Purposes of Such Uses Routine uses of information in the ATF database include releases related to investigations pertaining to violations of law or related to litigation. A complete listing of the routine uses for this system is included in the accompanying description of the system of records that is published along with this notice. There are no information collection requests associated with the ATF system. Data contained in the system is extracted directly from the FDW. Report on New System A report on the new system of records, required by 5 U.S.C. 552a(r), as implemented by Office of Management and Budget Circular A-130, was sent to the Chairman, Committee on Homeland Security and Governmental Affairs, United States Senate; the Chairman, Committee on Oversight and Government Reform, House of Representatives; and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget. Dated: April 17, 2008. Edward T. Schafer, Secretary. System name: APHIS Automated Trust Funds
(ATF)Database, USDA-APHIS-12 Security classification: None. System location: The ATF server is physically located in a secured room in APHIS offices in Riverdale, MD. Categories of individuals covered by the system: Individuals covered by the system include cooperators with signed agreements with APHIS regarding trust fund activities and inspectors who provide services. Categories of records in the system: The system extracts information such as cooperator company name; company address, including country; account number; and account balance, including collections, expenses, deposits, and refunds. The system may also contain company contact information, including name, telephone number, and mailing address. The records also include inspection information such as name of inspector, overtime paid, and travel dates with the corresponding charges. Purpose(s) of the system: The ATF database is an accounting system that uses financial data extracted directly from the USDA Financial Data Warehouse
(FDW)to generate monthly cooperator account statements. These statements contain the status of expenditures and collections transactions, to ensure that APHIS has collected the correct amount of money for the services performed. These statements are distributed to APHIS field offices to address cooperator queries and provide status of trust fund accounts. An individual statement is also mailed to each cooperator. Information in the ATF is used to update the Foundation Financial Information System (FFIS), the official APHIS financial system. Authority for maintenance of the system: The Federal Information Security Management Act of 2002 (44 U.S.C. 3541 *et seq.* ), the Chief Financial Officers Act of 1990 (31 U.S.C. 101 *et seq.* ), the Clinger-Cohen Act of 1996 (40 U.S.C. 1401(3)), and the Federal Managers' Financial Integrity Act of 1982, Pub. L. 97-255. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, records maintained in the system may be disclosed outside USDA as follows:
(1)To the appropriate agency, whether Federal, State, local, or foreign, charged with responsibility of investigating or prosecuting a violation of law or of enforcing, implementing, or complying with a statute, rule, regulation, or order issued pursuant thereto, of any record within this system when information available indicates a violation or potential violation of law, whether civil, criminal, or regulatory in nature, and either arising by general statute or particular program statute, or by rule, regulation, or court order issued pursuant thereto;
(2)To the Department of Justice when the agency, or any component thereof, or any employee of the agency in his or her official capacity, or any employee of the agency in his or her individual capacity where the Department of Justice has agreed to represent the employee or the United States, in litigation, where the agency determines that litigation is likely to affect the agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the agency to be relevant and necessary to the litigation; provided, however, that in each case, the agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected;
(3)For use in a proceeding before a court or adjudicative body before which the agency is authorized to appear, when the agency, or any component thereof, or any employee of the agency in his or her official capacity, or any employee of the agency in his or her individual capacity where the agency has agreed to represent the employee or the United States, where the agency determines that litigation is likely to affect the agency or any of its components, is a party to litigation or has an interest in such litigation, and the agency determines that use of such records is relevant and necessary to the litigation; provided, however, that in each case, the agency determines that disclosure of the records to the court is a use of the information contained in the records that is compatible with the purpose for which the records were collected;
(4)To appropriate agencies, entities, and persons when the agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; 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, a risk of identity theft or fraud, or a risk of harm to the security or integrity of this system or other systems or programs (whether maintained by the agency or another agency or entity) that rely upon the compromised information; and the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the agency's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm;
(5)To USDA contractors, partner agency employees or contractors, or private industry employed to identify patterns, trends, or anomalies indicative of fraud, waste, or abuse; and
(6)To the National Archives and Records Administration or to the General Services Administration for records management inspections conducted under 44 U.S.C. 2904 and 2906. Disclosure to consumer reporting agencies: None. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: The APHIS Records Management Handbook contains the mandatory policy and official guidelines for establishing, maintaining, using, retaining, and disposing of records. Storage: Downloaded files are stored in portable document format
(PDF)and stored on a network file server. Retrievability: Data will be retrieved by making a query for a batch of statements for a given month. Retrieval is performed once a month. Queries can be made based on trust fund identification numbers or trust fund names. Some queries can be performed on fields such as address, city, state, zip code, or country. Fields such as the address section may be personally identifiable to an individual. Safeguards: Numerous inherent safeguards exist to protect the data in the ATF database. These safeguards include required login and authentication for network access, domain access enforced at login by the Microsoft Windows 2003 Server, and by role-based access given on a need-to-know basis. System access is limited to four general users within the APHIS MRPBS Financial Management Division, including the system manager and system administrators. Only one user can access the system at any given time. Financial Management Division positions have been identified as public trust positions and require an extensive background investigation. Retention and disposal: Online data is indefinitely maintained in the database and on the file server. This is in accordance with the National Archives and Record Administration
(NARA)guidelines. System managers(s) and address: Program Manager/Supervisory Accountant, Accounting and Payment Team, Financial Management Division, Marketing and Regulatory Programs Business Services, APHIS, 100 North Sixth Street, Butler Square West, 5th Floor, Minneapolis, MN 55403. Notification procedure: Any individual may request general information regarding this system of records or information as to whether the system contains records pertaining to him/her from the system manager at the address above. All inquiries pertaining to this system should be in writing, must name the system of records as set forth in the system notice, and must contain the individual's name, telephone number, address, and e-mail address. Record access procedures: Any individual may obtain information from a record in the system that pertains to him or her. Requests for hard copies of records should be in writing, and the request must contain the requesting individual's name, address, name of the system of records, timeframe for the records in question, any other pertinent information to help identify the file, and a copy of his/her photo identification containing a current address for verification of identification. All inquiries should be addressed to the Freedom of Information and Privacy Act Staff, Legislative and Public Affairs, APHIS, 4700 River Road Unit 50, Riverdale, MD 20737-1232. Contesting record procedures: Any individual may contest information contained within a record in the system that pertains to him/her by submitting a written request to the system manager at the address above. Include the reason for contesting the record and the proposed amendment to the information with supporting documentation to show how the record is inaccurate. Record source categories: Data is collected only from USDA sources. Information in the ATF database is extracted directly from the USDA Financial Data Warehouse (FDW). Exemptions claimed for the system: None. [FR Doc. E8-9421 Filed 4-29-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service BA-41 South Shore of the Pen Shoreline Protection and Marsh Creation; Jefferson Parish, LA AGENCY: Natural Resources Conservation Service, USDA. ACTION: Notice of Finding of No Significant Impact. SUMMARY: Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR Part 1500); and the Natural Resources Conservation Service Guidelines (7 CFR Part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the South Shore of the Pen Shoreline Protection and Marsh Creation Project (BA-41), Jefferson Parish, Louisiana. FOR FURTHER INFORMATION CONTACT: Kevin D. Norton, State Conservationist, Natural Resources Conservation Service, 3737 Government Street, Alexandria, Louisiana 71302; telephone
(318)473-7751. SUPPLEMENTARY INFORMATION: The environmental assessment of the federally assisted action indicates that the project will not cause significant local, regional, or national impacts on the environment. As a result of these findings, Kevin D. Norton, State Conservationist, has determined that preparation and review of an environmental impact statement is not needed for this project. The project is expected to produce a net gain of 211 acres of emergent marsh over 20 years. The proposed project consists of installing approximately 11,750 feet of foreshore rock dike and creating and nourishing approximately 307 acres of marsh. The Notice of Finding of No Significant Impact (FONSI) has been forwarded to the Environmental Protection Agency and to various federal, state, and local agencies and interested parties. A limited number of copies of the FONSI are available to fill single copy requests at the above address. Basic data collected during the environmental assessment are on file and may be reviewed by contacting Kevin D. Norton. No administrative action on implementation of the proposal will be taken until 30 days after the date of this publication in the **Federal Register** . Kevin D. Norton, State Conservationist. [FR Doc. E8-9408 Filed 4-29-08; 8:45 am] BILLING CODE 3410-16-P DEPARTMENT OF AGRICULTURE Rural Housing Service Notice of Availability of Funds, Multi-Family Housing, Single Family Housing AGENCY: Rural Housing Service, USDA. ACTION: Notice; correction. SUMMARY: The Rural Housing Service published a document in the **Federal Register** on March 28, 2008, announcing the availability of housing funds for fiscal year 2008. The document contained incorrect percentage allocations under the heading for Single Family Housing (SFH). FOR FURTHER INFORMATION CONTACT: Martha E. Burton, Program Analyst, Program Support Staff, Policy Support Branch, USDA, Rural Development, STOP 0761, Room 6900, 1400 Independence Avenue, SW., Washington, DC 20250-0781. Telephone: 202-720-9651 (this is not a toll free number) or
(800)877-8339 (TDD-Federal Information Relay Service) or via e-mail at *martha.burton@wdc.usda.gov.* *Correction:* In the **Federal Register** of March 28, 2008, in FR Doc. E8-6332, on page 16628, in the chart titled “Information on Basic Formula Criteria, Data Source and Weight, Administrative Allocation, Pooling of Funds, and Availability of the Allocation,” correct item No. 4 under section 502 Direct RH Loans and section 504 Loans and Grants: a. First quarter to read 50 percent; b. second quarter to read 75 percent; and c. third quarter to read 100 percent. Dated: April 18, 2008. Peter D. Morgan, Acting Administrator, Rural Housing Service. [FR Doc. E8-9484 Filed 4-29-08; 8:45 am] BILLING CODE 3410-XV-P COMMISSION ON CIVIL RIGHTS Agenda and Notice of Public Meeting of the Alabama Advisory Committee Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA), that a public briefing meeting of the Alabama Advisory Committee to the Commission will convene on Tuesday, April 29, 2008 at 9 a.m. and adjourn at approximately 5 p.m. at the Sixteenth Street Baptist Church, 16th Street and 6th Avenue, Birmingham, Alabama 35228. The purpose of the meeting is to conduct a public briefing meeting to receive information on the *“Civil Rights Implications of Eminent Domain Policies and Practices in Alabama”* and *“Religious Freedom in Alabama Public Schools.”* Members of the public are entitled to submit written comments. The comments must be received in the regional office by May 9, 2008. The address is U.S. Commission on Civil Rights, 400 State Avenue, Suite 908, Kansas City, Kansas 66101. Persons wishing to e-mail their comments, or to present their comments verbally at the meeting, or who desire additional information should contact Farella E. Robinson, Regional Director, Central Regional Office, at
(913)551-1400 or by e-mail to *frobinson@usccr.gov.* Hearing-impaired persons who will attend the meeting and require the services of a sign language interpreter should contact the Regional Office at least ten
(10)working days before the scheduled date of the meeting. Records generated by this meeting may be inspected and reproduced at the Central Regional Office, as they become available, both before and after the meeting. Persons interested in the work of this advisory committee are advised to go to the Commission's Web site, *http://www.usccr.gov* , or to contact the Central Regional Office at the above e-mail or street address. The meeting will be conducted pursuant to the provisions of the rules and regulations of the Commission and FACA. Dated in Washington, DC, April 25, 2008. Christopher Byrnes, Chief, Regional Programs Coordination Unit. [FR Doc. E8-9483 Filed 4-29-08; 8:45 am] BILLING CODE 6335-01-P COMMISSION ON CIVIL RIGHTS Agenda and Notice of Public Meeting of the South Carolina Advisory Committee Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA), that a planning meeting of the South Carolina Advisory Committee to the Commission will convene at 1 p.m. and adjourn at 5 p.m. on Tuesday, May 6, 2008, in the Board Room of the Manor House, 316 Senate St., Columbia, South Carolina 29201. The purpose of the meeting is to provide ethics training and orientation to the members, discuss past projects, and plan future projects. Members of the public are entitled to submit written comments; the comments must be received in the regional office by Friday, April 25, 2008. The address is Southern Regional Office, U.S. Commission on Civil Rights, 61 Forsyth St., SW., Suite 18T40, Atlanta, GA 30303. Persons wishing to e-mail their comments or who desire additional information should contact Peter Minarik, Regional Director, Southern Regional Office, at
(404)562-7000, or by e-mail at *pminarik@usccr.gov.* Hearing-impaired persons who will attend the meetings and require the services of a sign language interpreter should contact the Regional Office at least ten
(10)working days before the scheduled date of the meeting. Records generated from these meetings may be inspected and reproduced at the Southern Regional Office, as they become available, both before and after the meeting. Persons interested in the work of this advisory committee are advised to go to the Commission's Web site, *http://www.usccr.gov* , or to contact the Southern Regional Office at the above e-mail or street address. The meeting will be conducted pursuant to the provisions of the rules and regulations of the Commission and FACA. Dated in Washington, DC, April 25, 2008. Christopher Byrnes, Chief, Regional Programs Coordination Unit. [FR Doc. E8-9478 Filed 4-29-08; 8:45 am] BILLING CODE 6335-01-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Agency:* International Trade Administration (ITA). *Title:* Application for the President's “E” and “E Star” Awards for Export Expansion. *Form Number(s):* ITA-725P. *OMB Control Number:* 0625-0065. *Type of Request:* Regular submission. *Burden Hours:* 200. *Number of Respondents:* 10. *Average Hours per Response:* 20. *Needs and Uses:* The “E” Award was created by Executive Order of the President in 1961 to afford suitable recognition to persons, firms, or organizations that contribute significantly in the efforts to increase U.S. exports and to encourage U.S. companies to sell their products and services internationally. The “E Star” Award was authorized by the Secretary of Commerce in 1969 to afford continuing recognition of noteworthy export promotion efforts. Over 2,100 companies and organizations have been recognized with the President's “E” Award and over 300 companies and organizations have been recognized with the President's “E Star” Award. The criteria for the awards include: • Continuous increase in exports/export service for a four-year period (“E” Award) or three-year period (“E Star” Award). • *“E” and “E Star” Awards for Exports:* Demonstration of how a marketing strategy led to an increase in export sales and/or how the marketing plan enabled the firm to enter new markets; how the organization met challenges; and how the firm has worked with U.S. Government export promotion agencies. • “ *E” and “E Star” Awards for Export Service:* Demonstration of how services used by exporters led to increases and results, and the effectiveness of promotional programs. The “E” and “E Star” Awards are our nation's highest honor for American exporters. “E” Awards recognize firms and organizations for their competitive achievements in world markets, as well as the benefits of their success to the U.S. economy. *Affected Public:* Business or other for-profit organizations. *Frequency:* Once. *Respondent's Obligation:* Voluntary. *OMB Desk Officer:* David Rostker,
(202)395-3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov.* Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, Fax number
(202)395-7285 or via the Internet at *David_Rostker@omb.eop.gov* . Dated: April 25, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-9476 Filed 4-29-08; 8:45 am] BILLING CODE 3510-FP-P DEPARTMENT OF COMMERCE Economic Development Administration Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment Assistance AGENCY: Economic Development Administration, Department of Commerce. ACTION: Notice and Opportunity for Public Comment. Pursuant to Section 251 of the Trade Act of 1974 (19 U.S.C. 2341 *et seq.* ), the Economic Development Administration
(EDA)has received petitions for certification of eligibility to apply for Trade Adjustment Assistance from the firms listed below. EDA has initiated separate investigations to determine whether increased imports into the United States of articles like or directly competitive with those produced by each firm contributed importantly to the total or partial separation of the firm's workers, or threat. List of Petitions Received By EDA for Certification of Eligibility to Apply for Trade Adjustment [April 1, 2008 through April 30, 2008] Firm Address Date accepted for filing Products Kinsley Incorporated 901 Cross Keys Drive, Doylestown, PA 18902 4/22/08 Manufactures packing equipment, timing screws and change parts. Nytex Automatic Product, Inc. 835 Pyka Road, Fredericksburg, TX 78624 4/22/08 Precision machine parts. Gulf Shrimp, Inc. P.O. Box 2490, Ft. Meyers Beach, FL 33932 4/22/08 Grades shrimp, processes, packs, and ships to wholesale and retail markets domestically. Ultravolt Group, Inc. 1800 Ocean Avenue, Ronkonkoma, NY 11779 4/22/08 High voltage power supplies and components. Comor, Inc. 23697 U.S. Highway 322, Cochranton, PA 16314 4/22/08 Plastic injection molding business. Burke E. Porter Machinery Co. 730 Plymouth N.E., Grand Rapids, MI 49505 3/7/08 Measuring and checking instruments for automotive assembly line testing. Hilltop Precision Machining, Inc. 527 Gitts Run Road, Hanover, PA 17331 3/7/08 Services proved tooling, fixtures, and wear parts of several markets which Include automotive. Mason Box Company 521 Mt. Hope Street, North Attleboro, MA 02760 3/28/08 Manufactures custom and stock gift boxes, jewelry boxes, greeting card boxes, candy boxes, security mail boxes and medical lab boxes. Hancock Lumber Co., Inc. P.O. Box 299, Casco, Maine 04015 3/24/08 Produce Eastern White Pine lumber and by-products. Brown Street Furniture, LLC P.O. Box 278, Whitefield, NH 03598 4/2/08 Produce case goods from a variety of hardwoods. Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Office of Performance Evaluation, Room 7009, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten
(10)calendar days following publication of this notice. Please follow the procedures set forth in Section 315.9 of EDA's final rule (71 FR 56704) for procedures for requesting a public hearing. The Catalog of Federal Domestic Assistance official program number and title of the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance. Dated: April 23, 2008. William P. Kittredge, Program Officer for TAA. [FR Doc. E8-9444 Filed 4-29-08; 8:45 am] BILLING CODE 3510-24-P DEPARTMENT OF COMMERCE International Trade Administration Export Trade Certificate of Review AGENCY: International Trade Administration, Commerce. ACTION: Notice of Application for an Export Trade Certificate of Review from Global Trade International LLC. SUMMARY: Export Trading Company Affairs (“ETCA”), International Trade Administration, Department of Commerce, has received an application for an Export Trade Certificate of Review (“Certificate”). This notice summarizes the conduct for which certification is sought and requests comments relevant to whether the Certificate should be issued. FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export Trading Company Affairs, International Trade Administration, by telephone at
(202)482-5131 (this is not a toll-free number) or E-mail at *oetca@ita.doc.gov.* SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001-21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from state and federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. Section 302(b)(1) of the Export Trading Company Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a notice in the **Federal Register** identifying the applicant and summarizing its proposed export conduct. Request for Public Comments Interested parties may submit written comments relevant to the determination whether a Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a nonconfidential version of the comments (identified as such) should be included. Any comments not marked privileged or confidential business information will be deemed to be nonconfidential. An original and five
(5)copies, plus two
(2)copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Export Trading Company Affairs, International Trade Administration, U.S. Department of Commerce, Room 7021-B H, Washington, DC 20230. Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the Certificate. Comments should refer to this application as “Export Trade Certificate of Review, application number 08-00007.” A summary of the application follows. Summary of the Application *Applicant:* Global Trade International LLC (“GTI”), 6715 Greenview Street, Detroit, Michigan 48228. *Contact:* Ali Paul, President, Telephone:
(313)850-9952. *Application No.:* 08-00007. *Date Deemed Submitted:* April 22, 2008. *Members (in addition to applicant):* None. GTI seeks a Certificate to cover the following specific Export Trade, Export Markets, and Export Trade Activities and Methods of Operations. Export Trade 1. Products All Products. 2. Services All Services. 3. Technology Rights Technology rights, including, but not limited to, patents, trademarks, copyrights, and trade secrets that relate to Products and Services. 4. Export Trade Facilitation Services (as They Relate to the Export of Products, Services and Technology Rights) Export Trade Facilitation Services, including, but not limited to, professional services in the areas of government relations and assistance with state and federal programs; foreign trade and business protocol; consulting; market research and analysis; collection of information on trade opportunities; marketing; negotiations; joint ventures; shipping; export management; export licensing; advertising; documentation and services related to compliance with customs requirements; insurance and financing; trade show exhibitions; organizational development; management and labor strategies; transfer of technology; transportation services; and facilitating the formation of shippers' associations. Export Markets The Export Markets include all parts of the world except the United States (the fifty states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands). Export Trade Activities and Methods of Operation 1. With respect to the sale of Products and Services, licensing of Technology Rights, and provision of Export Trade Facilitation Services, GTI may: a. Provide and/or arrange for the provision of Export Trade Facilitation Services; b. Engage in promotional and marketing activities and collect information on trade opportunities in the Export Markets and distribute such information to clients; c. Enter into exclusive and/or non-exclusive licensing and/or sales agreements with Suppliers for the export of Products, Services, and/or Technology Rights to Export Markets; d. Enter into exclusive and/or non-exclusive arrangements with distributors and/or sales representatives in Export Markets; e. Allocate export sales or divide Export Markets among Suppliers for the sale and/or licensing of Products, Services, and/or Technology Rights; f. Allocate export orders among Suppliers; g. Establish the price of Products, Services, and/or Technology Rights for sales and/or licensing in Export Markets; h. Negotiate, enter into, and/or manage licensing agreements for the export of Technology Rights; and i. Enter into contracts for shipping of Products to Export Markets. 2. GTI may exchange information on a one-to-one basis with individual Suppliers regarding that Supplier's inventories and near-term production schedules for the purpose of determining the availability of Products for export and coordinating export with distributors. Terms and Conditions of Certificate 1. GTI, including its officers, employees or agents, shall not intentionally disclose, directly or indirectly, to any Supplier (including parent companies, subsidiaries, or other entities related to any Supplier) any information about any other Supplier's costs, production, capacity, inventories, domestic prices, domestic sales, terms of domestic marketing or sale, or U.S. business plans, strategies, or methods unless such information is already generally available to the trade or public. 2. GTI will comply with requests made by the Secretary of Commerce on behalf of the Secretary or the Attorney General for information or documents relevant to conduct under the Certificate. The Secretary of Commerce will request such information or documents when either the Attorney General or the Secretary believes that the information or documents are required to determine that the Export Trade, Export Trade Activities and Methods of Operation of a person protected by this Certificate of Review continue to comply with the standards of Section 303(a) of the Act. Definition “Supplier” means a person who produces, provides, or sells Products, Services, and/or Technology Rights. Dated: April 24, 2008. Jeffrey Anspacher, Director, Export Trading Company Affairs. [FR Doc. E8-9505 Filed 4-29-08; 8:45 am] BILLING CODE 3510-DR-P DEPARTMENT OF COMMERCE International Trade Administration A-570-891 Hand Trucks and Certain Parts Thereof from the People's Republic of China: Preliminary Results of 2006-2007 Semi-Annual New Shipper Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from New-Tec Integration (Xiamen) Co., Ltd. (“New-Tec”), the U.S. Department of Commerce (“the Department”) is conducting a new shipper review of the antidumping duty order on hand trucks and certain parts thereof from the People's Republic of China (“PRC”). The period of review (“POR”) is December 1, 2006, through May 31, 2007. We have preliminarily determined that sales have not been made below normal value (“NV”) by New-Tec. If these preliminary results are adopted in our final results of this review, we will instruct U.S. Customs and Border Protection (“CBP”) to assess antidumping duties on entries of subject merchandise during the POR for which the importer-specific assessment rates are above *de minimis* . We invite interested parties to comment on these preliminary results. Parties who submit comments are requested to submit with each argument a statement of the issue and a brief summary of the argument. We will issue the final results no later than 90 days from the date of this notice. EFFECTIVE DATE: April 30, 2008. FOR FURTHER INFORMATION CONTACT: Eugene Degnan or Robert Bolling, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-0414 and
(202)482-3434, respectively. SUPPLEMENTARY INFORMATION: Background The Department published an antidumping duty order on hand trucks and certain parts thereof from the PRC on December 2, 2004. *See Notice of Antidumping Duty Order: Hand Trucks and Certain Parts Thereof From the People's Republic of China* , 69 FR 70122 (December 2, 2004). On July 2, 2007, we received a timely request for a new shipper review from New-Tec. On July 23, 2007, New-Tec amended its request to correct a typographical error. Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as amended (“the Act”), and 19 CFR 351.214(d)(1), we initiated a new shipper review for shipments of hand trucks and certain parts thereof from the PRC. On August 2, 2007, the Department published a notice of the initiation of a new shipper review of New-Tec. *See Hand Trucks and Certain Parts Thereof From the People's Republic of China: Initiation of New Shipper Review* , 72 FR 42392 (August 2, 2007). On August 30, 2007, we issued an antidumping duty questionnaire to New-Tec. In September and October 2007, we received New-Tec's responses to our questionnaire. From February to March 2008, the Department issued supplemental questionnaires to New-Tec and received timely responses. Additionally, from December 2007 through January 2008, Petitioners (Gleason Industrial Products, Inc. and Precision Products, Inc.) submitted comments on New-Tec's questionnaire and supplemental questionnaire responses. On January 29, 2008, we extended the deadline for the issuance of the preliminary results of this new shipper review until April 21, 2008. *See Hand Trucks and Certain Parts Thereof From the People's Republic of China: Extension of Time Limit for the Preliminary Results of New Shipper Review* , 73 FR 5176 (January 29, 2008). On March 5, 2008, New-Tec submitted comments on the appropriate surrogate values (“SVs”) to be applied to the factors of production (“FOPs”) in this review. On March 13, 2008, New-Tec submitted a supplemental response to its original SV submission to correct an error of submission. Period of Review The POR is December 1, 2006, through May 31, 2007. Scope of Order The product covered by this order consists of hand trucks manufactured from any material, whether assembled or unassembled, complete or incomplete, suitable for any use, and certain parts thereof, namely the vertical frame, the handling area and the projecting edges or toe plate, and any combination thereof. A complete or fully assembled hand truck is a hand-propelled barrow consisting of a vertically disposed frame having a handle or more than one handle at or near the upper section of the vertical frame; at least two wheels at or near the lower section of the vertical frame; and a horizontal projecting edge or edges, or toe plate, perpendicular or angled to the vertical frame, at or near the lower section of the vertical frame. The projecting edge or edges, or toe plate, slides under a load for purposes of lifting and/or moving the load. That the vertical frame can be converted from a vertical setting to a horizontal setting, then operated in that horizontal setting as a platform, is not a basis for exclusion of the hand truck from the scope of this petition. That the vertical frame, handling area, wheels, projecting edges or other parts of the hand truck can be collapsed or folded is not a basis for exclusion of the hand truck from the scope of the petition. That other wheels may be connected to the vertical frame, handling area, projecting edges, or other parts of the hand truck, in addition to the two or more wheels located at or near the lower section of the vertical frame, is not a basis for exclusion of the hand truck from the scope of the petition. Finally, that the hand truck may exhibit physical characteristics in addition to the vertical frame, the handling area, the projecting edges or toe plate, and the two wheels at or near the lower section of the vertical frame, is not a basis for exclusion of the hand truck from the scope of the petition. Examples of names commonly used to reference hand trucks are hand truck, convertible hand truck, appliance hand truck, cylinder hand truck, bag truck, dolly, or hand trolley. They are typically imported under heading 8716.80.50.10 of the *Harmonized Tariff Schedule of the United States* (“HTSUS”), although they may also be imported under heading 8716.80.50.90. Specific parts of a hand truck, namely the vertical frame, the handling area and the projecting edges or toe plate, or any combination thereof, are typically imported under heading 8716.90.50.60 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the Department's written description of the scope is dispositive. Excluded from the scope are small two-wheel or four-wheel utility carts specifically designed for carrying loads like personal bags or luggage in which the frame is made from telescoping tubular material measuring less than 5/8 inch in diameter; hand trucks that use motorized operations either to move the hand truck from one location to the next or to assist in the lifting of items placed on the hand truck; vertical carriers designed specifically to transport golf bags; and wheels and tires used in the manufacture of hand trucks. New Shipper Status Consistent with our practice, we investigated whether the sale(s) made by New-Tec for this new shipper review was *bona fide* . *See, e.g., Notice of Rescission of Antidumping Duty New Shipper Review: Honey from the People's Republic of China* , 70 FR 59031, 59031-59032 (October 11, 2005). For New-Tec, we found no evidence that the sale(s) in question was not a *bona fide* sale(s). In our examination of New-Tec's sale(s), we found the sale price to be within the range of POR sales prices, and that New-Tec received timely payment for their POR sale(s). Based on our investigation into the *bona fide* nature of the sale(s) and the questionnaire responses submitted by New-Tec, we preliminarily determine that New-Tec has met the requirements to qualify as new shipper during the POR. *See* Memorandum to Wendy Frankel, “Antidumping Duty New Shipper Reviews of the Antidumping Duty Order on Hand Trucks and Certain Parts Thereof from the People's Republic of China: Bona Fide Analysis of New-Tec Integration (Xiamen) Co., Ltd.,” dated April 21, 2008. In addition, we have preliminarily determined that based on the information submitted, New-Tec made its first sale and/or shipment of subject merchandise to the United States during the POR, did not export subject merchandise during the period of investigation, and was not affiliated with any exporter or producer that had previously shipped subject merchandise to the United States. Therefore, for purposes of these preliminary results of review, we are treating the respective sale(s) of hand trucks to the United States as appropriate transaction(s) to be examined in the context of this new shipper review. *See* Section 751(a)(2)(B) of the Act and 19 CFR 351.214(a); *see also “Separate Rates”* section below. Non-market Economy Country Status In every case conducted by the Department involving the PRC, the PRC has been treated as a non-market economy (“NME”) country. In accordance with section 771(18)(C)(i) of the Act, any determination that a foreign country is an NME country shall remain in effect until revoked by the administering authority. *See Tapered Roller Bearings and Parts Thereof, 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 *Tapered Roller Bearings and Parts Thereof, 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)). Accordingly, we calculated NV (“NV”) in accordance with section 773(c) of the Act, which applies to NME countries. Surrogate Country Section 773(c)(1) of the Act directs the Department, in most instances, to base NV on the NME producer's FOPs. The Act further instructs that valuation of the FOPs shall be based on the best available information in a surrogate market economy country or countries considered to be appropriate by the Department. *See* Section 773(c)(1) of the Act. When valuing the FOPs, the Department shall utilize, to the extent possible, the prices or costs of FOPs in one or more market economy countries that are:
(1)at a level of economic development comparable to that of the NME country; and
(2)significant producers of comparable merchandise. *See* Section 773(c)(4) of the Act. The sources of the SVs are discussed under the *Normal Value* section below and in the Memorandum to the File, “Factors Valuations for the Preliminary Results of the New Shipper Review,” dated April 21, 2008 (“Surrogate Value Memorandum”), which is on file in the Central Records Unit (“CRU”), Room 1117 of the main Commerce Building. The Department first determined that India, Indonesia, Sri Lanka, the Philippines, and Egypt are countries comparable to the PRC in terms of economic development. *See* Memorandum from Ron Lorentzen, Director, Office of Policy, “Antidumping Duty Administrative Review of Hand Trucks and Certain Parts Thereof from the People's Republic of China (PRC): Request for a List of Surrogate Countries,” dated October 26, 2007, (“Surrogate Countries Memorandum”) which is on file in the CRU. Once the economically comparable countries have been identified, we select an appropriate surrogate country by determining whether one of these countries is a significant producer of comparable merchandise and whether the data for valuing FOPs is both available and reliable. On February 6, 2008, the Department issued a request for parties to submit comments on surrogate country selection. No party submitted comments regarding the selection of a surrogate country. We have determined it is appropriate to use India as a surrogate country pursuant to section 773(c)(4) of the Act based on the following:
(A)India is at a level of economic development comparable to that of the PRC, and
(B)India is a significant producer of comparable merchandise. Furthermore, we have reliable data from India that we can use to value the FOPs. Thus, we have calculated NV using Indian prices when available and appropriate to value New-Tec's FOPs. We have obtained and relied upon publicly available information wherever possible. In accordance with 19 CFR 351.301(c)(3)(ii), for the final results in an antidumping review, interested parties may submit within 20 days after the date of publication of the preliminary results publicly available information to value the FOPs. 1 1 In accordance with 19 CFR 351.301(c)(1), for the final results, interested parties may submit factual information to rebut, clarify, or correct factual information submitted by an interested party. However, the Department notes that 19 CFR 351.301(c)(1) permits new information only insofar as it rebuts, clarifies, or corrects information placed on the record by other interested parties. The Department generally cannot accept the submission of additional, previously absent-from-the-record alternative SV 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 & Decision Memorandum at Comment 2. 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 in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. Exporters can demonstrate this independence through the absence of both *de jure* and *de facto* government control over export activities. The Department analyzes each entity exporting the subject merchandise under a test arising from the *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 the *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* ”). 2 However, if the Department determines that a company is wholly foreign-owned or located in a market economy, then a separate-rate analysis is not necessary to determine whether it is independent from government control. 2 It is the Department's practice, as explained in Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries (April 5, 2005) (“ *Policy Bulletin 05.1* ”), available at http://ia.ita.doc.gov/policy/bull05-1.pdf. at 6, that “{w}hile continuing the practice of assigning separate rates only to exporters, all separate rates that the Department will now assign in its NME investigations will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate combinations of exporters and one or more producers. The cash-deposit rate assigned to an exporter will apply only to merchandise both exported by the firm in question and produced by a firm that supplied the exporter during the period of investigation.” The sole participating company in this new shipper review, New-Tec, stated that it is a foreign invested company jointly owned by a South Korean national and a Chinese company. Therefore, because of the Chinese company's involvement, the Department must analyze whether New-Tec can demonstrate the absence of both de jure and de facto government control over export activities. 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. 3 3 *See Sparklers* , 56 FR at 20589. The evidence provided by New-Tec supports a preliminary finding of *de jure* absence of government control based on the following:
(1)these are restrictive stipulations associated with the individual exporters' business and export licenses;
(2)there are applicable legislative enactments decentralizing control of the companies; and
(3)there are formal measures by the government decentralizing control of companies. *See* New-Tec's Section A Questionnaire Response, dated September 28, 2007. b. Absence of De Facto Control Typically the Department considers four factors in evaluating whether each respondent is subject to *de facto* government control of its export functions:
(1)Whether the export prices are set by or are subject to the approval of a government 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.4 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 government control which would preclude the Department from assigning separate rates. We determine for New-Tec that the evidence on the record supports a preliminary finding of *de facto* absence of government control based on record statements and supporting documentation showing the following:
(1)New-Tec sets its own export prices independent of the government and without the approval of a government authority;
(2)New-Tec retains the proceeds from its sales and makes independent decisions regarding disposition of profits or financing of losses;
(3)New-Tec has the authority to negotiate and sign contracts and other agreements; and
(4)New-Tec has autonomy from the government regarding the selection of management. *See* New-Tec's Section A Questionnaire Response, dated September 28, 2007. The evidence placed on the record of this new shipper review by New-Tec demonstrates an absence of *de jure* and *de facto* government control with respect to each its exports of the merchandise under review, in accordance with the criteria identified in *Sparklers* and *Silicon Carbide* . Date of Sale Section 351.401(i) of the Department's regulations provides that the Department will normally use the date of invoice, as recorded in the exporter or producer's records kept in the normal course of business, as the date of sale of the subject merchandise. However, the Department may use a date other than the date of invoice if it is satisfied that a different date better reflects the date on which the exporter or producer establishes the material terms of sale. 19 CFR 351.401(i); *see also Allied Tube & Conduit Corp. v. United States* , 132 F. Supp. 2d 1087, 1090 (CIT 2001). After examining the questionnaire responses and the sales documentation that New-Tec placed on the record, we preliminarily determine that invoice date is the most appropriate date of sale for New-Tec. We made this determination based on record evidence which demonstrates that New-Tec's invoices establish the material terms of sale to the extent required by our regulations. Normal Value Comparisons To determine whether sales of hand trucks to the United States by New-Tec were made at less than NV, we compared export price (“EP”) to NV, as described in the *Export Price* , and *Normal Value* sections of this notice. Export Price In accordance with section 772(a) of the Act, EP is the price at which the subject merchandise is first sold (or agreed to be sold) before the date of importation by the producer or exporter of the subject merchandise outside of the United States to an unaffiliated purchaser in the United States or to an unaffiliated purchaser for exportation to the United States, as adjusted under section 772(c) of the Act. In accordance with section 772(a) of the Act, we used EP for New-Tec because the subject merchandise was sold directly to the unaffiliated customers in the United States prior to importation and because constructed export price was not otherwise warranted. We calculated EP based on the packed cost and freight or delivered prices to unaffiliated purchasers in, or for exportation to, the United States. We made deductions, as appropriate, for any movement expenses (foreign inland freight from the plant to port, and foreign brokerage) in accordance with section 772(c)(2)(A) of the Act. For a detailed description of all adjustments, *see* Memorandum to the File, “Hand Trucks and Certain Parts Thereof from the People's Republic of China: Analysis Memorandum for the New Shipper Preliminary Results: New-Tec Integration (Xiamen) Co., Ltd. (April 21, 2008) (“New-Tec's Preliminary Analysis Memorandum”). Normal Value Section 773(c)(1) of the Act provides that the Department shall determine the NV using an FOP methodology if:
(1)the merchandise is exported from an NME country; and
(2)the information does not permit the calculation of NV using home-market prices, third-country prices, or constructed value under section 773(a) of the Act. When determining NV in an NME context, the Department will base NV on FOPs because the presence of government controls on various aspects of these economies renders price comparisons and the calculation of production costs invalid under our normal methodologies. Under section 772(c)(3) of the Act, FOPs include but are not limited to:
(1)hours of labor required;
(2)quantities of raw materials employed;
(3)amounts of energy and other utilities consumed; and
(4)representative capital costs. We used FOPs reported by respondents for materials, energy, labor and packing. In accordance with 19 CFR 351.408(c)(1), the Department will normally use publicly available information to find an appropriate SV to value FOPs, but when a producer sources an input from a market economy and pays for it in market-economy currency, the Department will normally value the factor using the actual price paid for the input. *See* 19 CFR 351.408(c)(1); *see also Lasko Metal Prods., Inc. v. United States* , 43 F.3d 1442, 1446 (Fed. Cir. 1994). However, when the Department has reason to believe or suspect that such prices may be distorted by subsidies, the Department will disregard the market economy purchase prices and use SVs to determine the NV. *See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China; Final Results of the 1998-1999 Administrative Review, Partial Rescission of Review, and Determination Not to Revoke Order in Part* , 66 FR 1953 (January 10, 2001) (“ *TRBs 1998-1999* ”), and accompanying Issues and Decision Memorandum at Comment 1. It is the Department's consistent practice that, where the facts developed in U.S. or third-country countervailing duty findings include the existence of subsidies that appear to be used generally (in particular, broadly available, non-industry specific export subsidies), it is reasonable for the Department to find that it has a reason to believe or suspect that prices of the inputs from the country granting the subsidies may be subsidized. *See TRBs 1998-1999* at Comment 1; *see also Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China; Final Results of 1999-2000 Administrative Review, Partial Rescission of Review, and Determination Not To Revoke Order in Part* , 66 FR 57420 (November 15, 2001), and accompanying Issues and Decision Memorandum at Comment 1; *China Nat'l Mach. Imp. & Exp. Corp. v. United States* , 293 F. Supp. 2d 1334, 1338-39 (CIT 2003). In avoiding the use of prices that may be subsidized, the Department does not conduct a formal investigation to ensure that such prices are not subsidized, but rather relies on information that is generally available at the time of its determination. *See* H.R. Rep., Vol. 4, 100-576, at 590 (1988), reprinted in 1988 U.S.C.C.A.N. 1547, 1623-24. We have reason to believe or suspect that prices of inputs from Indonesia, South Korea, and Thailand may have been subsidized. Through other proceedings, the Department has learned that these countries maintain broadly available, non-industry-specific export subsidies and, therefore, finds it reasonable to infer that all exports to all markets from these countries may be subsidized. See, e.g., TRBs 1998-1999 at Comment 1. We are also guided by the legislative history not to conduct a formal investigation to ensure that such prices are not subsidized. *See* H.R. Rep. 100-576 Vol. 4, at 590
(1988)reprinted in 1998 U.S.C. A.N. 1547, 1623-24. The Department bases its decision on information that is available to it at the time it makes its determination. Accordingly, we have disregarded prices from Indonesia, South Korea and Thailand in calculating the Indian import-based SVs because we have reason to believe or suspect such prices may be subsidized. In addition, we excluded Indian import data from NME countries from our SV calculations. *See* Surrogate Value Memorandum. Factor Valuations In accordance with section 773(c) of the Act, we calculated NV based on FOPs reported by the respondent for the POR. To calculate NV, we multiplied the reported per-unit factor-consumption rates of inputs purchased from NME suppliers by publicly available Indian SVs. In selecting the SVs, we considered the quality, specificity, and contemporaneity of the data. As appropriate, we adjusted input prices by including freight costs to make them delivered prices. Specifically, we added to Indian import SVs a surrogate freight cost using the shorter of the reported distance from the domestic supplier to the factory of production or the distance from the nearest seaport to the factory of production. This adjustment is in accordance with the Federal Circuit's decision in *Sigma Corp. v. United States* , 117 F.3d 1401, 1407-1408 (Fed. Cir. 1997). A detailed description of all SVs used can be found in the Surrogate Value Memorandum and New-Tec's Preliminary Analysis Memorandum. For this preliminary determination, in accordance with the Department's practice, we used import values from the World Trade Atlas® online (“Indian Import Statistics”), which were published by the Directorate General of Commercial Intelligence and Statistics, Ministry of Commerce of India, which were reported in rupees and are contemporaneous with the POR to calculate SVs for the mandatory respondent's material inputs. In selecting the best available information for valuing FOPs in accordance with section 773(c)(1) of the Act, the Department's practice is to select, to the extent practicable, SVs which are non-export average values, most contemporaneous with the POR, product-specific, and tax-exclusive. *See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value, Negative Preliminary Determination of Critical Circumstances and Postponement of Final Determination: Certain Frozen and Canned Warmwater Shrimp From the Socialist Republic of Vietnam* , 69 FR 42672, 42682 (July 16, 2004), unchanged in the final determination ( *Final Determination of Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp from the Socialist Republic of Vietnam* , 69 FR 71005 (December 8, 2004)). In those instances where we could not obtain publicly available information contemporaneous with the POR with which to value FOPs, we adjusted the SVs using, where appropriate, the Indian Wholesale Price Index, as published in the *International Financial Statistics* of the International Monetary Fund. During the POR, New-Tec purchased all or a portion of certain inputs from a market economy supplier and paid for the inputs in a market economy currency. The Department has instituted a rebuttable presumption that market economy input prices are the best available information for valuing an input when the total volume of the input purchased from all market economy sources during the period of investigation or review exceeds 33 percent of the total volume of the input purchased from all sources during the period. *See Antidumping Methodologies: Market Economy Inputs, Expected Non-Market Economy Wages, Duty Drawback; and Request for Comments* , 71 FR 61716, 61717-19 (October 19, 2006). In these cases, unless case-specific facts provide adequate grounds to rebut the Department's presumption, the Department will use the weighted-average market economy purchase price to value the input. Record evidence shows that all of the inputs purchased from market-economy sources by New-Tec during the POR exceeded 33 percent of the total volume of inputs purchased during that period. Accordingly, we valued New-Tec's inputs using the market economy prices paid for the inputs. Where appropriate, we increased the market economy prices of inputs by freight expenses. *See* Surrogate Value Memorandum. We used Indian transport information to value the inland freight cost of the raw materials. The Department determined the best available information for valuing truck freight to be from www.infreight.com. This source provides daily rates from six major points of origin to five destinations in India. Because the Department cannot currently directly access www.infreight.com, we used the value calculated for the period October 2005 through March 2006, which was used in the recent investigation of steel nails from the PRC. *See* Surrogate Value Memorandum at Exhibit 7. We adjusted this rate to be contemporaneous with the POR. Consistent with the Department's practice, we used two sources to calculate an SV for domestic brokerage expenses. *See, e.g., Preliminary Determination of Sales at Less Than Fair Value, Affirmative Critical Circumstances, In Part, and Postponement of Final Determination: Certain Lined Paper Products from the People's Republic of China* , 71 FR 19695, 19704 (April 17, 2006) (utilizing these same two sources), unchanged in the final determination ( *Notice of Final Determination of Sales at Less Than Fair Value, and Affirmative Critical Circumstances, In Part: Certain Lined Paper Products From the People's Republic of China* , 71 FR 53079 (September 8, 2006)). The Department averaged December 2003 through November 2004 data contained in the February 28, 2005, public version of Essar Steel's response submitted in the antidumping duty administrative review of hot-rolled carbon steel flat products from India. *See* Surrogate Value Memorandum at Exhibit 7. These data were averaged with the February 2004 through January 2005 data contained in the May 24, 2005, public version of Agro Dutch Industries Limited's (“Agro Dutch”) response submitted in the administrative review of the antidumping duty order on certain preserved mushrooms from India. *See* Surrogate Value Memorandum at Exhibit 8. The brokerage expense data reported by Essar Steel and Agro Dutch in their public versions are ranged data. The Department first derived an average per-unit amount from each source, then adjusted each average rate for inflation. Finally, the Department averaged the two per-unit amounts to derive an overall average rate for the POR. For direct, indirect, and packing labor, consistent with 19 CFR 351.408(c)(3), we used the PRC regression-based wage rate as reported on Import Administration's home page, Import Library, Expected Wages of Selected NME Countries, revised in January 2007, available at http://ia.ita.doc.gov/wages/index.html. Because this regression-based wage rate does not separate the labor rates into different skill levels or types of labor, we have applied the same wage rate to all skill levels and types of labor reported by the respondent. *See also* Surrogate Value Memorandum. If the NME wage rates are updated by the Department prior to issuance of the final determination, we will use the updated wage rate in the final results. To value electricity, we used data from the International Energy Agency *Key World Energy Statistics* (2003 edition). Because the value was not contemporaneous with the POR, we adjusted the rate for inflation. The Department valued water using data from the Maharashtra Industrial Development Corporation (www.midcindia.org) because it includes a wide range of industrial water tariffs. This source provides 386 industrial water rates within the Maharashtra province from June 2003: 193 for the “inside industrial areas” usage category and 193 for the “outside industrial areas” usage category. Because the value was not contemporaneous with the POR, we adjusted the rate for inflation. To value factory overhead, selling, general, and administrative expenses (“SG&A”), and profit, we used the audited financial statements for the fiscal year ending March 31, 2006, from the following producer: Godrej & Boyce Manufacturing Company, Ltd., an Indian producer of comparable merchandise. From this information, we were able to determine factory overhead as a percentage of the total raw materials, labor and energy (“ML&E”) costs; SG&A as a percentage of ML&E plus overhead ( *i.e.* , cost of manufacture); and the profit rate as a percentage of the cost of manufacture plus SG&A. For further discussion, *see* Factor Valuation Memorandum. Preliminary Results of Review We preliminarily determine that the following margin exists during the period December 1, 2006, through May 31, 2007: Hand Trucks and Parts Thereof from the PRC Exporter Weighted-Average Margin (Percent) New-Tec Integration (Xiamen) Co., Ltd. 0.00 Disclosure The Department will disclose calculations performed for these preliminary results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs and/or written comments no later than 30 days after the date of publication of these preliminary results of review. *See* 19 CFR 351.309(c)(ii). Rebuttal briefs and rebuttals to written comments, limited to issues raised in such briefs or comments, may be filed no later than 35 days after the date of publication. *See* 19 CFR 351.309(d)(1). Further, parties submitting written comments should provide the Department with an additional copy of those comments on diskette. Any interested party may request a hearing within 30 days of publication of these preliminary results. *See* 19 CFR 351.310(c). Any hearing, if requested, will be held seven days after the scheduled date for submission of rebuttal briefs. *See* 19 CFR 351.310(d). The Department will issue the final results of these new shipper reviews, which will include the results of its analysis of issues raised in the briefs, within 90 days of issuance of these preliminary results, in accordance with 19 CFR 351.214(i)(1), unless the time limit is extended. Assessment Rates Pursuant to 19 CFR 351.212(b), the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries. The Department will issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of this review. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any assessment rate calculated in the final results of this review is above *de minimis* . The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. Cash Deposit On August 17, 2006, the Pension Protection Act of 2006 (“H.R. 4”) was signed into law. Section 1632 of H.R. 4 temporarily suspends the authority of the Department to instruct CBP to collect a bond or other security in lieu of a cash deposit in new shipper reviews. Therefore, the posting of a bond under section 751(a)(B)(iii) of the Act in lieu of a cash deposit is not available in this case. The following cash-deposit requirements will be effective upon publication of the final results of this new shipper review for all shipments of subject merchandise from New-Tec entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act:
(1)for subject merchandise manufactured and exported by New-Tec, the cash-deposit rate will be the rate determined n the final results of review (except if that rate is *de minimis, i.e.* , less than 0.50 percent, no cash deposit will be required);
(2)for subject merchandise exported by New-Tec but not manufactured by New-Tec, the cash deposit rate will continue to be the PRC-wide rate ( *i.e.* , 383.60 percent); and
(3)for subject merchandise manufactured by New-Tec, but not exported by New-Tec, the cash deposit rate will be the cash deposit rate will be the rate applicable to the exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This new shipper review and this notice are published in accordance with section 777(i)(1) of the Act. Dated: April 21, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-9471 Filed 4-29-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Pacific Islands Region Seabird-Fisheries Interaction Recovery Reporting AGENCY: National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before June 30, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Walter Ikehara,
(808)944-2275 or *Walter.Ikehara@noaa.gov.* SUPPLEMENTARY INFORMATION: I. Abstract The National Marine Fisheries Service
(NMFS)requires longline vessel operators to notify NMFS in the event an endangered short-tailed albatross is hooked or entangled during fishing operations. Following the retrieval of the seabird from the ocean, as required by Federal regulations, the vessel captain must record the condition of the injured short-tailed albatross on a recovery data form. The information will be used by a veterinarian in providing advice to the captain caring for the short-tailed albatross. If the albatross is dead, the captain must attach an identification tag to the carcass to assist the U.S. Fish and Wildlife Service (USFWS) biologists in follow-up studies on the specimen. This collection is one of the terms and conditions contained in the biological opinion issued by USFWS, and is intended to maximize the probability of the long-term survival of short-tailed albatross accidentally taken by longline gear. II. Method of Collection Information is submitted in hard copy. III. Data *OMB Number:* 0648-0456. *Form Number:* None. *Type of Review:* Regular submission. *Affected Public:* Business or other for-profit organizations; individuals or households. *Estimated Number of Respondents:* 1. *Estimated Time per Response:* 60 minutes each for notification, reporting, and tagging and specimen handling. *Estimated Total Annual Burden Hours:* 3. *Estimated Total Annual Cost to Public:* $0. IV. Request for Comments *Comments are invited on:*
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: April 25, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-9477 Filed 4-29-08; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XH48 General Advisory Committee to the U.S. Section to the Inter-American Tropical Tuna Commission; Meeting Announcement AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. SUMMARY: NMFS announces a meeting of the General Advisory Committee to the U.S. Section to the Inter-American Tropical Tuna Commission (IATTC) on June 2, 2008. Meeting topics are provided under the SUPPLEMENTARY INFORMATION section of this notice. DATES: The meeting will be held on June 2, 2008, from 9 a.m. to 5 p.m. (or until business is concluded), Pacific time. ADDRESSES: The meeting will be held in the Large Conference Room at NMFS, Southwest Fisheries Science Center, 8604 La Jolla Shores Drive, La Jolla, California, 92037-1508. Please notify Allison Routt prior to May 19, 2008, of your plans to attend the meeting. FOR FURTHER INFORMATION CONTACT: Allison Routt at (562)980-4019 or
(562)980-4030. SUPPLEMENTARY INFORMATION: In accordance with the Tuna Conventions Act, as amended, the Department of State has appointed a General Advisory Committee to the U.S. Section to the IATTC. The U.S. Section consists of the four U.S. Commissioners to the IATTC and the representative of the Deputy Assistant Secretary of State for Oceans and Fisheries. The Advisory Committee supports the work of the U.S. Section in a solely advisory capacity with respect to U.S. participation in the work of the IATTC, with particular reference to the development of policies and negotiating positions pursued at meetings of the IATTC. NMFS, Southwest Region, administers the Advisory Committee in cooperation with the Department of State. Meeting Topics The General Advisory Committee to the U.S. Section to the IATTC will meet to receive and discuss information on:
(1)2007 and 2008 IATTC activities,
(2)status of the stocks and status of the fishery in 2007,
(3)recent and upcoming meetings of the IATTC and its working groups,
(4)conservation and management measures for yellowfin and bigeye tuna for 2008 and beyond, measures to be taken in the absence of conservation and management measures,
(5)regulation of U.S. vessels if no IATTC conservation and management measures for 2008 and beyond are adopted,
(6)exemption for small U.S. purse vessels,
(7)measures to be taken in cases of non-compliance with the IATTC's conservation and management measures,
(8)management of fishing capacity,
(9)measures to address bycatch (such as juvenile tunas, sea turtles, seabirds, and sharks),
(10)financial issues pertinent to the financial solvency of the IATTC,
(11)IATTC cooperation with other regional fishery management organizations,
(12)implementing legislation for the Antigua Convention,
(13)administrative matters pertaining to the General Advisory Committee, and other issues as they arise. Special Accommodations The meeting location is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Allison Routt at
(562)980-4019 or
(562)980-4030 by May 19, 2008. Dated: April 24, 2008. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-9403 Filed 4-29-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XH51 Unified Synthesis Product Development Committee AGENCY: National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice of Open Meeting. SUMMARY: A major activity of the Climate Change Science Program
(CCSP)is the production of a series of 21 Synthesis and Assessment Products
(SAPs)that are designed to inform and aid decision making by policy makers, resource managers, stakeholders, the media, and the general public on issues related to global climate change. The Unified Synthesis Product
(USP)Development Committee (USPDC), established by a Decision Memorandum on February 29, 2008, is the Federal Advisory Committee charged with responsibility to develop a draft USP that will synthesize the information contained in the 21 SAPs in the context of other recent climate and global change scientific studies and formal assessments. Please note that meeting location, times, and agenda topics described here are subject to change. Meeting information will be available online on the USPDC website: *http://www.climate.noaa.gov/index.jsp?pg=./ccsp/unified_synthesis.jsp* DATES: The meeting will convene at 8 a.m. on Monday, May 19, 2008 and adjourn at 5:30 p.m. on Tuesday, May 20, 2008. Written comments (at least 35 copies) should be received by the USPDC Designated Federal Official
(DFO)by May 2, 2008 to provide sufficient time for review. Written comments received after May 2 will be distributed to the USPDC, but may not be reviewed prior to the meeting date. FOR FURTHER INFORMATION CONTACT: Dr. Christopher D. Miller, USPDC DFO and the Program Manager, NOAA/OAR/Climate Program Office, Climate Change Data and Detection Program Element, 1315 East-West Highway, Room 12239, Silver Spring, Maryland 20910; telephone 301-734-1241, e-mail: *Christopher.D.Miller@noaa.gov* . SUPPLEMENTARY INFORMATION: STATUS: The meeting will be open to public participation and will include a 30-minute public comment period on May 19, 8 a.m. to 8:30 a.m. (check the USPDC website to confirm this time and the room in which the meeting will be held). In general, each individual or group making a verbal presentation will be limited to a total time of five
(5)minutes. Seats will be available to the public on a first-come, first-served basis. MATTERS TO BE CONSIDERED: The meeting will finalize plans for completion and submission of the First Draft of the CCSP Unified Synthesis Product to the National Research Council for peer review. Dated: April 24, 2008. William J. Brennan, Deputy Assistant Secretary of Commerce for International Affairs, and Acting Director, Climate Change Science Program. [FR Doc. E8-9474 Filed 4-29-08; 8:45 am] BILLING CODE 3510-12-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XH50 U.S. Climate Change Science Program Synthesis and Assessment Product Draft Report 3.4 “Abrupt Climate Change” AGENCY: National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice of availability and request for public comments. SUMMARY: The National Oceanic and Atmospheric Administration publishes this notice to announce a 45-day public comment period for the draft report titled, U.S. Climate Change Science Program Synthesis and Assessment Product 3.4 “Abrupt Climate Change.” This draft report is being released solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by NOAA. It does not represent and should not be construed to represent any Agency policy or determination. After consideration of comments received on the draft report, a revised version along with the comments received will be published on the CCSP web site. DATES: Comments must be received by June 16, 2008. ADDRESSES: The draft Synthesis and Assessment Product: 3.4 is posted on the CCSP Web site at: *http://www.climatescience.gov/Library/sap/sap3-4/default.php* Detailed instructions for making comments on this draft report are provided on the SAP 3.4 webpage. Comments must be prepared in accordance to these instructions and must be submitted to: *3.4-abrupt@climatescience.gov* FOR FURTHER INFORMATION CONTACT: Dr. Fabien Laurier, Climate Change Science Program Office, 1717 Pennsylvania Avenue NW, Suite 250, Washington, DC 20006, Telephone: (202)419-3481. SUPPLEMENTARY INFORMATION: The CCSP was established by the President in 2002 to coordinate and integrate scientific research on global change and climate change sponsored by 13 participating departments and agencies of the U.S. Government. The CCSP is charged with preparing information resources that promote climate-related discussions and decisions, including scientific synthesis and assessment analyses that support evaluation of important policy issues. Dated: April 24, 2008. William J. Brennan, Deputy Assistant Secretary of Commerce for International Affairs, and Acting Director, Climate Change Science Program. [FR Doc. E8-9473 Filed 4-29-08; 8:45 am] BILLING CODE 3510-12-S DEPARTMENT OF DEFENSE Office of the Secretary National Security Education Board Group of Advisors Meeting AGENCY: Under Secretary of Defense Personnel and Readiness, DoD. ACTION: Notice of meeting. SUMMARY: Pursuant to Public Law 92-463, notice is hereby given of a forthcoming meeting of the National Security Education Board Group of Advisors. The purpose of the meeting is to review and make recommendations to the Board concerning requirements established by the David L. Boren National Security Education Act, Title VIII of Public Law 102-183, as amended. DATES: May 12-13, 2008. ADDRESSES: Glastonbury Riverfront Community Center, 300 Welles Street, Glastonbury, CT 06033. FOR FURTHER INFORMATION CONTACT: Dr. Kevin Gormley, Program Officer, National Security Education Program, 1101 Wilson Boulevard, Suite 1210, Rosslyn P.O. Box 20010, Arlington, Virginia 22209-2248;
(703)696-1991. Electronic mail address: *Gormleyk@ndu.edu* . SUPPLEMENTARY INFORMATION: The National Security Education Board Group of Advisors meeting is open to the public. The public is afforded the opportunity to submit written statements associated with NSEP. Dated: April 24, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E8-9399 Filed 4-29-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DOD-2008-OS-0038] Privacy Act of 1974; Computer Matching Program AGENCY: Defense Manpower Data Center (DMDC), DoD. ACTION: Notice of a Computer Matching Program. SUMMARY: Subsection (e)(12) of the Privacy Act of 1974, as amended (5 U.S.C. 552a), requires agencies to publish advanced notices of any proposed or revised computer matching program by the matching agency for public comment. The Department of Defense (DoD), as the matching agency under the Privacy Act, is hereby giving notice to the record subjects of a computer matching program between the DoD and the Department of Health and Human Services
(HHS)acting on behalf of the State Public Assistance Agencies (SPAA). The purpose of the computer matching program is to exchange personal data for purposes of identifying individuals who are receiving Federal compensation or pension payments and also are receiving payments pursuant to Federal benefit programs being administered by the States. DATES: This proposed action will become effective May 30, 2008 and matching may commence unless changes to the matching program are required due to public comments or by Congressional or by Office of Management and Budget objections. Any public comment must be received before the effective date. ADDRESSES: Any interested party may submit written comments to the Director, Defense Privacy Office, 1901 South Bell Street, Suite 920, Arlington, VA 22202-4512. FOR FURTHER INFORMATION CONTACT: Samuel P. Jenkins at
(703)607-2943. SUPPLEMENTARY INFORMATION: Pursuant to subsection
(o)of the Privacy Act of 1974, as amended (5 U.S.C. 552a), the DHHS and DMDC have concluded an agreement to conduct a computer matching program between agencies. The purpose of the computer matching program is to exchange personal data for purposes of identifying individuals who are receiving Federal compensation or pension payments and also are receiving payments pursuant to Federal benefit programs being administered by the States. The parties to this agreement have determined that a computer matching program is the most efficient, expeditious, and effective means of obtaining and processing the information needed by the SPAAs to identify individuals who may be ineligible for public assistance benefits. The principal alternative to using a computer matching program for identifying such individuals would be to conduct a manual comparison of all Federal personnel records with SPAA records of those individuals currently receiving public assistance under a Federal benefit program being administered by the State. Conducting a manual match, however, would clearly impose a considerable administrative burden, constitute a greater intrusion of the individual's privacy, and would result in additional delay in determining eligibility and, if applicable, the eventual recovery of any outstanding debts. A copy of the computer matching agreement between HHS and DoD is available upon request. Requests should be submitted to the address caption above or to the HHS, Administration for Children and Families, 370 L'Enfant Promenade, SW., Washington, DC 20447. Set forth below is the notice of the establishment of a computer matching program required by paragraph 6.c. of the Office of Management and Budget Guidelines on computer matching published on June 19, 1989, at 54 FR 25818. The matching agreement, as required by 5 U.S.C. 552a(r) of the Privacy Act, and an advance copy of this notice was submitted on March 2008 to the House Committee on Government Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget pursuant to paragraph 4d of Appendix I to OMB Circular No. A-130, ‘Federal Agency Responsibilities for Maintaining Records about Individuals’, dated February 8, 1996 (February 20, 1996, 61 FR 6427). Dated: April 23, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. Notice of a Computer Matching Program Among the Defense Manpower Data Center, the Department of Defense; the Administration for Children and Families, Department of Health and Human Services; and State Public Assistance Agencies for Verification of Continued Eligibility for Public Assistance A. *Participating Agencies:* Participants in this computer matching program are State Public Assistance Agencies (SPAA), the Department of Health and Human Services (HHS), and the Department of Defense (DoD). The SPAA is the source agency, the agency disclosing the records for purpose of the match; HHS is the facilitating agency, the agency acting on behalf of the SPAAs; and DoD is the matching agency, the agency that actually performs the match. B. *Purpose of the Match:* To provide the SPAAs with data from Federal employee wage and pension files to determine eligibility and to ensure fair and equitable treatment in the delivery of benefits attributable to funds provided by the Federal government. The SPAAs will use the matched data to verify the continued eligibility of individuals to receive public assistance benefits and, if ineligible, to take such action as may be authorized by law and regulation. Administration for Children and Family (ACF), in its role as match facilitator, will support each SPAA's efforts to ensure appropriate delivery of benefits by assisting with drafting the necessary agreements, helping arranging signatures to the agreements, and acting as a central shipping point as necessary. C. *Authority for Conducting the Match:* The legal authority for conducting the matching program is contained in sections 402 and 1137 of the Social Security Act (42 U.S.C. 602 and 1320b-7). D. *Records To Be Matched:* The systems of records maintained by the respective agencies under the Privacy Act of 1974, as amended, 5 U.S.C. 552a, from which records will be disclosed for the purpose of this computer match are as follows: 1. Federal, but not State, agencies must publish system notices for “systems of records” pursuant to subsection (e)(4) of the Privacy Act and must identify “routine uses” pursuant to subsection (b)(3) of the Privacy Act for those systems of records from which they intend to disclose this information. The DoD system of records described below contains an appropriate routine use proviso, which permits disclosure of information by DMDC to ACF and the SPAAs. 2. DoD will use personal data from the record system identified as DMDC 01, System name: Defense Manpower Data Center Data Base January 31, 2008, published in the **Federal Register** at 73 FR 5820. 3. HHS will be disclosing, as applicable, to DMDC personal data it has collected from the SPAAs. No information will be disclosed from systems of records that ACF operates and maintains. HHS will be disclosing, as applicable, to the SPAAs personal data it has received from DMDC. The DMDC supplied matched data will be disclosed by ACF pursuant to the DoD routine use. E. *Description of Computer Matching Program:* Each participating SPAA will send ACF an electronic file of eligible public assistance client information. These files are non-Federal computer records maintained by the states. ACF will then send this information to DMDC. In the alternative, participating SPAAs can submit files directly to DMDC. After DMDC receives the SPAA data, it will match the data against the DMDC database. The Database consists of personnel records of non-postal Federal civilian employees and military members, both active and retired. Resulting “hits” or matches will be disclosed to the SPAA that submitted the client information. 1. The electronic files provided by ACF and the SPAAs will contain data elements of the client's name, SSN, date of birth, address, sex, marital status, number of dependents, information regarding the specific public assistance benefit being received, and such other data as considered necessary and on no more than 10,000,000 public assistance beneficiaries. 2. The DMDC computer database file contains approximately 4.85 million records of active duty and retired military members, including the Reserve and Guard, and approximately 3.68 million records of active and retired non-postal Federal civilian employees. 3. DMDC will match the SSN on the ACF/SPAA file by computer against the DMDC database. Matching records, “hits” based on SSNs, will produce data elements of the individual's name; SSN; active or retired; if active, military service or employing agency, and current work or home address, and other relevant information. F. *Inclusive Dates of the Matching Program:* The effective date of the matching agreement and date when matching may actually begin shall be at the expiration of the 40-day review period for OMB and Congress, or 30 days after publication of the matching notice in the **Federal Register** , whichever date is later. The parties to this agreement may assume OMB and Congressional concurrence if no comments are received within 40 days of the date of the transmittal letter. The 40-day OMB and Congressional review period and the mandatory 30-day public comment period for the **Federal Register** publication of the notice will run concurrently. By agreement between HHS and DoD, the matching program will be in effect for 18 months with an option to renew for 12 additional months unless one of the parties to the agreement advises the other by written request to terminate or modify the agreement. G. *Address for Receipt of Public Comments or Inquiries:* Director, Defense Privacy Office, 1901 South Bell Street, Suite 920, Arlington, VA 22202-4512. Telephone
(703)607-2943. [FR Doc. E8-9396 Filed 4-29-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DoD-2008-OS-0039] Privacy Act of 1974; System of Records AGENCY: National Reconnaissance Office, DoD. ACTION: Notice to Add a System of Records. SUMMARY: The National Reconnaissance Office
(NRO)proposes to add a system of records to its inventory of system of records notice systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on May 30, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the FOIA/Privacy Official, National Reconnaissance Office, Information Access and Release, 14675 Lee Road, Chantilly, VA 20151-1715. FOR FURTHER INFORMATION CONTACT: Ms. Theresa Lamm at
(703)227-9152. SUPPLEMENTARY INFORMATION: The National Reconnaissance Office systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The proposed system report, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on April 22, 2008, to the House Committee on Oversight and Government Reform, the Senate Committee on Governmental Affairs, and the Office of Management and Budget
(OMB)pursuant to paragraph 4c of Appendix I, ‘Federal Agency Responsibilities for Maintaining Records About Individuals’, to OMB Circular No. A-130, dated February 8, 1996 (February 20, 1996, 61 FR 6427). Dated: April 23, 2008. Patricia Toppings, OSD Federal Register Liaison Officer, Department of Defense. QNRO-27 System name: Legal Records System location: Office of General Counsel, National Reconnaissance Office (NRO), 14675 Lee Road, Chantilly, VA 20151-175. Categories of individuals covered by the system: Government and contractor employees, litigants, and claimants. Categories of records in the system: Individual's name, Social Security Number (SSN), employee number, parent organization, company, home and work telephone number, work location, personal financial data, date and place of birth, home address, current citizenship status; procurement experience, future employment plans, and any other relevant information. Authority for maintenance of the system: 50 U.S.C. 401 *et seq.* , Federal Tort Claims Act; 28 U.S.C. 1346; 28 U.S.C. 535; Federal Records Act of 1950, 44 U.S.C. 3101 and 5 CFR Section 2634.202, National Security Act of 1947, as amended and E.O. 9397 (SSN). Purpose(s): To manage the legal files related to matters of standards of conduct and litigation. This will ensure legal sufficiency of NRO operations, policies, procedures, and personnel actions. The General Counsel Litigation case files are maintained for legal opinions, legal reviews, or other actions. In addition, the systems are maintained for statutory compliance with the crime reporting requirements. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the NRO as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: To U.S. Attorneys and other parties in litigation. To Federal and state courts in connection with litigations affecting NRO interests, employees or equities. To a federal, state, local or foreign agency maintaining civil, criminal, or other relevant enforcement information or other pertinent information, if deemed relevant to that agency's decisions concerning the hiring or retention of an employee, issuance of a security clearance, letting of a contract, or issuance of a license or other benefit. The DoD ‘Blanket Routines Uses’ published at the beginning of the NRO compilation of systems of records notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Hard copy and electronic storage media. Retrievability: Individual's name. Safeguards: Records are stored in a secure, gated facility, guard, badge, and password access protected. Access to and use of these records is limited to legal staff whose official duties require such access. Retention and disposal: Standards of Conducts files are maintained for six
(6)years and then destroyed. Legal Subject Files (to include crimes reports) are maintained until no longer needed. Litigation case files that reflect distinctive NRO activities, attract media or congressional interest, or are otherwise historically significant are kept permanently. All other case files are kept until all appellate rights have been exhausted or when no longer needed, whichever is later. System manager(s) and address: Director, National Reconnaissance Office, Office of General Counsel, 14675 Lee Road, Chantilly, VA 20151-1715. Notification procedure: Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the National Reconnaissance Office, Information Access and Release Center, 14675 Lee Road, Chantilly, VA 20151-1715. Request should include full name and any aliases or nicknames, address, Social Security Number (SSN), current citizenship status, date and place of birth, and other information identifiable from the record. In addition, the requester must provide a notarized statement or an unsworn declaration in accordance with 28 U.S.C. 1746, in the following format: If executed outside the United States: I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature). If executed within the United States, its territories, possessions, or commonwealths: I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature). Record access procedures: Individuals seeking to access information about themselves contained in this system should address written inquiries to the National Reconnaissance Office, Information Access and Release Center, 14675 Lee Road, Chantilly, VA 20151-1715. Request should include full name and any aliases or nicknames, address, Social Security Number (SSN), current citizenship status, date and place of birth, and other information identifiable from the record. In addition, the requester must provide a notarized statement or an unsworn declaration in accordance with 28 U.S.C. 1746, in the following format: If executed outside the United States: I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature). If executed within the United States, its territories, possessions, or commonwealths: I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature). Contesting record procedures: The NRO procedure for accessing records, for contesting contents and appealing initial agency determinations are published in NRO Directive 110-3b and NRO Instruction 110-3-1; 32 CFR part 326; or may be obtained from the Privacy Act Coordinator, National Reconnaissance Office, 14675 Lee Road, Chantilly, VA 20151-1715. Record source categories: Information is supplied by the individual, federal and state agencies, corporations, associations, partnerships, other legal entities; and other NRO records systems. Exemptions claimed for the system: Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) if the information is compiled and maintained by a component of the agency that performs as its principle function any activity pertaining to the enforcement of criminal laws. Information specifically authorized to be classified under E.O. 12958, as implemented by DoD 5200.1-R, may be exempt pursuant to 5 U.S.C. 552a(k)(1). Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of the information, the individual will be provided access to the information exempt to the extent that disclosure would reveal the identity of a confidential source. NOTE: When claimed, this exemption allows limited protection of investigative reports maintained in a system of records used in personnel or administrative actions. 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 may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. Testing or examination material used solely to determine individual qualifications for appointment or promotion in the federal or military service, if the disclosure would compromise the objectivity or fairness of the test or examination process may be exempt pursuant to 5 U.S.C. 552a(k)(6), if the disclosure would compromise the objectivity or fairness of the test or examination process. Evaluation material used to determine potential for promotion in the Military Services may be exempt pursuant to 5 U.S.C. 552a(k)(7), but only to the extent that the disclosure of such material would reveal the identify of a confidential source. An exemption rule for this exemption has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3),
(c)and
(e)and published in 32 CFR part 326. For additional information contact the system manager. [FR Doc. E8-9400 Filed 4-29-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DoD-2008-OS-0041] Privacy Act of 1974; System of Records AGENCY: National Reconnaissance Office, DoD. ACTION: Notice to Add a System of Records. SUMMARY: The National Reconnaissance Office
(NRO)proposes to add a system of records notice to its inventory of system of records notice systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on May 30, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the FOIA/Privacy Official, National Reconnaissance Office, Information Access and Release, 14675 Lee Road, Chantilly, VA 20151-1715. FOR FURTHER INFORMATION CONTACT: Contact the FOIA/NRO Privacy Official at
(703)227-9128. SUPPLEMENTARY INFORMATION: The National Reconnaissance Office systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The proposed system report, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on April 16, 2008, to the House Committee on Oversight and Government Reform, the Senate Committee on Governmental Affairs, and the Office of Management and Budget
(OMB)pursuant to paragraph 4c of Appendix I, ‘Federal Agency Responsibilities for Maintaining Records About Individuals’, to OMB Circular No. A-130, dated February 8, 1996 (February 20, 1996, 61 FR 6427). Dated: April 23, 2008. Patricia Toppings, OSD Federal Register Liaison Officer, Department of Defense. QNRO-29 System name: Information Systems Security & Administration. System location: The National Reconnaissance Office (NRO), Communications Systems Acquisition and Operations Directorate, 14675 Lee Road, Chantilly, VA 20151-1715. Categories of individuals covered by the system: Active duty personnel, civilians and contractors. Categories of records in the system: Individual's name, Social Security Number (SSN), company name, parent organization, work telephone number, e-mail address, office location, room location, Polygraph date, Single Scope Background Investigation
(SSBI)date, Privileged User
(PU)designation, briefing date, Privileged User Request date (PR), title (or position), and office affiliation. Authority for maintenance of the system: 5 U.S.C. 301 Departmental Regulations; National Security Act of 1947, as amended, 50 U.S.C. 401 *et seq.* ; Department of Defense Directive 8500.1, Information Assurance
(IA)and E.O. 9397 (SSN). Purpose(s): To control and track access to NRO networks, computer systems, and information technology databases and to allow information systems security officers (ISSOs) to access, review, and grant requests for the creation, deletion, or transfer of network accounts. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the NRO as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The DoD ‘Blanket Routines Uses’ published at the beginning of the NRO compilation of systems of records notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Electronic storage media. Retrievability: An individual's name or Social Security Number (SSN). Safeguards: Records are stored in a secure, gated facility, guard, badge, and password access protected. Access to and use of these records is limited to staff whose official duties require such access. Retention and disposal: Hold expired records in current file area for 1 year before transferring to the Records Center. Cut off expired records at the end of the Calendar Year (CY). System manager(s) and address: Director, National Reconnaissance Office, 14675 Lee Road, Chantilly, VA 20151-1715. Notification procedure: Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the National Reconnaissance Office, Information Access and Release Center, 14675 Lee Road, Chantilly, VA 20151-1715. Request should include full name and any aliases or nicknames, address, Social Security Number (SSN), current citizenship status, date and place of birth, and other information identifiable from the record. In addition, the requester must provide a notarized statement or an unsworn declaration in accordance with 28 U.S.C. 1746, in the following format: If executed outside the United States: I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature). If executed within the United States, its territories, possessions, or commonwealths: `I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature). Record access procedures: Individuals seeking to access information about themselves contained in this system should address written inquiries to the National Reconnaissance Office, Information Access and Release Center, 14675 Lee Road, Chantilly, VA 20151-1715. Request should include full name and any aliases or nicknames, address, Social Security Number (SSN), current citizenship status, date and place of birth, and other information identifiable from the record. In addition, the requester must provide a notarized statement or an unsworn declaration in accordance with 28 U.S.C. 1746, in the following format: If executed outside the United States: I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature). If executed within the United States, its territories, possessions, or commonwealths: I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature). Contesting record procedures: The National Reconnaissance Office rules for accessing records, for contesting contents and appealing initial agency determinations are published in NRO Directive 110-3b and NRO Instruction 110-3-1; 32 CFR part 326; or may be obtained from the Privacy Act Coordinator, National Reconnaissance Office, 14675 Lee Road, Chantilly, VA 20151-1715. Record source categories: From the individual, documents, or from persons other than the individual. Exemptions claimed for the system: Information specifically authorized to be classified under Executive Order 12958, as implemented by DoD 5200.1-R, may be exempt pursuant to 5 U.S.C. 552a(k)(1). An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b) (1), (2), and (3),
(c)and
(e)and published in 32 CFR part 326. For additional information contact the system manager. [FR Doc. E8-9409 Filed 4-29-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DoD-2008-OS-0040] Privacy Act of 1974; System of Records AGENCY: National Reconnaissance Office, DoD. ACTION: Notice to Alter a System of Records. SUMMARY: The National Reconnaissance Office is proposing to alter a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on May 30, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the FOIA/Privacy Official, National Reconnaissance Office, Information Access and Release, 14675 Lee Road, Chantilly, VA 20151-1715. FOR FURTHER INFORMATION CONTACT: Contact the FOIA/NRO Privacy Official at
(703)227-9128. SUPPLEMENTARY INFORMATION: The National Reconnaissance Office systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The proposed system report, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on April 22, 2008, to the House Committee on Oversight and Government Reform, the Senate Committee on Governmental Affairs, and the Office of Management and Budget
(OMB)pursuant to paragraph 4c of Appendix I, ‘Federal Agency Responsibilities for Maintaining Records About Individuals’, to OMB Circular No. A-130, dated February 8, 1996, 1996 (February 20, 1996, 61 FR 6427). Dated: April 23, 2008. Patricia Toppings, OSD Federal Register Liaison Officer, Department of Defense. QNRO-15 System name: Facility Security Files (October 3, 2006, 71 FR 58382) Changes: Categories of Records in the system: In the first paragraph after the work telephone number entry, delete vehicle license plate number. After the emergency phone number entry, add “employee photo.” At the end of the first paragraph after the last entry communication message designator and tracking number, add “; and vehicle make, model, year, color, and license plate number.” In the second paragraph, after the wheelchair access entry, add “vehicle make, model, year, color, and license plate number.” In the third paragraph, after “willing to offer”, delete vehicle license plate number. At the end of the entry, add “and vehicle make, model, year, color, and license plate number.” In the fourth paragraph, after “vehicle license plate number” add vehicle make, vehicle model, vehicle year, vehicle color. Purposes: In the first paragraph after the last sentence ending with visitors, add “(d) To send visit certifications to DoD facilities.” Safeguards: Delete entry and replace with “Records are stored in a secure, gated facility with guards, badge and password access. Computer terminal access is password protected. Access to, and use of, these records are limited to personnel whose official duties require access on a need-to-know basis.” QNRO-15 System name: Facility Security Files. System location: Office of Security and Counterintelligence, National Reconnaissance Office, 14675 Lee Road, Chantilly, VA 20151-1715. Categories of individuals covered by the system: National Reconnaissance Office
(NRO)civilian, military, and contractor personnel who have been issued an NRO badge for entry onto the gated compound and into the facility; all other visitors who do not possess an NRO recognized badge but have been granted access to the NRO compound and facility; and any individuals who make unsolicited contact with the NRO. Categories of records in the system: For badged personnel information includes: Name, Social Security Number (SSN), grade or rank, job title, employer, organization, office location, work telephone number, date and place of birth, home address and telephone number, point of contact and emergency phone number, employee photo, badge status, type, number, and issue date, government sponsor, start and expiration dates, approving officer, access and access status, access approval identification, access request date and approval date, access briefing and debriefing dates, access personal identification number, investigation and re-indoctrination dates, polygraph date and status, communication message designator and tracking number; and vehicle make, model, year, color, and license plate number. Visit requests information includes: Name, Social Security Number, organization (affiliation), employer of visitor, cleared or uncleared status, the visit point of contact's name and telephone number, visit date, type of badge to be issued, person issuing badge, date issued, location of visit, visit message, visit group identifier, access or certification access date, and any special accommodation or needs, such as handicap parking or wheelchair access; and vehicle make, model, year, color, and license plate number. For unsolicited contacts information may include: Name, Social Security Number, date and place of birth, home address and telephone number, driver's license data, the correspondence received, and (occasionally) comments on the contact; information may be limited to that which the person making contact is willing to offer; and vehicle make, model, year, color, and license plate number. For access control information includes: Name, Social Security Number, employment status, access expiration date, picture of employee, employee number, passport number, billet number, telephone number, vehicle license plate number, vehicle make, vehicle model, vehicle year, vehicle color, date of visit, point of contact, and the times and locations of access to the secure areas of the facility; fields of information for an NRO employee may differ from those for a visitor. Authority for maintenance of the system: 5 U.S.C. 301 Departmental Regulations; National Security Act of 1947, as amended, 50 U.S.C. 401 et seq.; E.O 12333; DoDD 5240.1, Intelligence Activities; and E.O. 9397 (SSN). Purpose(s): The NRO collects and maintains the records
(a)To maintain and provide reports for and on personnel and badge information of the current tenants of authorized facilities; also to create and track the status of visit requests and the issuance of visitor badges;
(b)To identify employees and visitors at the entrances of the gated facility; tracking inside the NRO facility the NRO employee and visitor badges as they are used to pass through turnstiles and access office suites and other work areas;
(c)To track any unsolicited contacts with the NRO, whether by correspondence or personal contact; to provide a threat assessment program for the Facility Security Branch; and to assist in the investigation and determination of any wrongdoing or criminal activities by NRO employees or facility visitors;
(d)To send visit certifications to DoD facilities. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The DoD ‘Blanket Routines Uses’ published at the beginning of the NRO compilation of systems of records notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper files and automated information systems, maintained in computers and computer output products. Retrievability: Name, social security number (SSN), organization, home and work address, date and place of birth, badge number, vehicle license plate number. Safeguards: Records are stored in a secure, gated facility with guards, badge and password access. Computer terminal access is password protected. Access to, and use of, these records are limited to personnel whose official duties require access on a need-to-know basis. Retention and disposal: Records are temporary, retained for 3 months to 5 years depending on the type of record; unsolicited contact records are retained for 25 years before being destroyed. System manager(s) and address: Director, Office of Security and Counterintelligence, National Reconnaissance Office, 14675 Lee Road, Chantilly, VA 20151-1715. Notification procedure: Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the National Reconnaissance Office, Information Access and Release Center, 14675 Lee Road, Chantilly, VA 20151-1715. Request should include the individual's full name and any aliases or nicknames, address, Social Security Number (SSN), current citizenship status, date and place of birth, and other information identifiable from the record. In addition, the requester must provide a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format: If executed outside the United States: I declare (or certify, verify, or state under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). Signature. If executed within the United States, its territories, possessions, or commonwealths: I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). Signature. Record access procedures: Individuals seeking to access information about themselves contained in this system should address written inquiries to the National Reconnaissance Office, Information Access and Release Center, 14675 Lee Road, Chantilly, VA 20151-1715. Request should include the individual's full name and any aliases or nicknames, address, Social Security Number (SSN), current citizenship status, date and place of birth, and other information identifiable from the record. In addition, the requester must provide a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format: If executed outside the United States: ‘I declare (or certify, verify, or state under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). Signature.’ If executed within the United States, its territories, possessions, or commonwealths: 'I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). Signature.' Contesting record procedures: The National Reconnaissance Office rules for accessing records, for contesting contents and appealing initial agency determinations are published in NRO Directive 110-3b and NRO Instruction 110-3-1; 32 CFR part 326; or may be obtained from the Privacy Act Coordinator, National Reconnaissance Office, 14675 Lee Road, Chantilly, VA 20151-1715. Record source categories: Information is supplied by the individuals (NRO employee, visitor, or person making the unsolicited contact) and by the security staff. Exemptions claimed for the system: Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection (j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source. 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 may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. An exemption rule for this exemption has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3),
(c)and
(e)and published in 32 CFR part 326. For additional information contact the system manager. [FR Doc. E8-9411 Filed 4-29-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary Renewal of Department of Defense Federal Advisory Committee AGENCY: Department of Defense. ACTION: Notice of Renewal of Federal Advisory Committee. SUMMARY: Under the provisions of the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.65, the Department of Defense gives notice that it is renewing the charter for the Board of Advisors to the President of the Naval War College (hereafter referred to as the Board). The Board is a discretionary federal advisory committee established by the Secretary of Defense to provide the Department of the Navy independent advice and recommendations on matters pertaining to the organization management, curricula, and methods of instruction, facilities and other matters of interest to the Naval War College. The Secretary of the Navy or designated representative, on behalf of the Secretary of Defense, may act upon the Board's advice and recommendations. The Board shall be composed of not more than ten members, who are eminent authorities in the field of academia, business, and the defense industry. Board members appointed by the Secretary of Defense, who are not federal officers or employees, shall serve as Special Government Employees under the authority of 5 U.S.C. 3109. Board members shall be appointed on an annual basis by the Secretary of Defense, and shall serve terms of four years and may be renewed at the discretion of the President of the Naval War College. The Board's Chairperson shall be selected by the Board members. Board members shall, with the exception of travel and per diem for official travel, serve without compensation. The Board shall be authorized to establish subcommittees, as necessary and consistent with its mission, and these subcommittees or working groups shall operate under the provisions of the Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976, and other appropriate federal regulations. Such subcommittees or workgroups shall not work independently of the chartered Board, and shall report all their recommendations and advice to the Board for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the chartered Board nor can they report directly to the Department of Defense or any federal officers or employees who are not Board members. FOR FURTHER INFORMATION CONTACT: Contact Jim Freeman, Deputy Committee Management Officer for the Department of Defense, 703-601-6128. SUPPLEMENTARY INFORMATION: The Board shall meet at the call of the Board's Designated Federal Officer, in consultation with the Board's chairperson. The Designated Federal Officer, pursuant to DoD policy, shall be a full-time or permanent part-time DoD employee, and shall be appointed in accordance with established DoD policies and procedures. The Designated Federal Officer or duly appointed Alternate Designated Federal Officer shall attend all committee meetings and subcommittee meetings. Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written statements to the Board of Advisors to the President Naval War College's membership about the Board's mission and functions. Written statements may be submitted at any time or in response to the stated agenda of planned meeting of the Board of Advisors to the President Naval War College. All written statements shall be submitted to the Designated Federal Officer for the Board of Advisors to the President Naval War College, and this individual will ensure that the written statements are provided to the membership for their consideration. Contact information for the Board of Advisors to the President Naval War College's Designated Federal Officer can be obtained from the GSA's FACA Database— *https://www.fido.gov/facadatabase/public.asp* . The Designated Federal Officer, pursuant to 41 CFR 102-3.150, will announce planned meetings of the Board of Advisors to the President Naval War College. The Designated Federal Officer, at that time, may provide additional guidance on the submission of written statements that are in response to the stated agenda for the planned meeting in question. Dated: April 24, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E8-9398 Filed 4-29-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Air Force [Docket ID: USAF-2008-0008] Privacy Act of 1974; System of Records AGENCY: Department of the Air Force, DoD. ACTION: Notice To Alter a System of Records. SUMMARY: The Department of the Air Force proposes to alter a system of records notice in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: The proposed action will be effective on May 30, 2008 unless comments are received that would result in a contrary determination. ADDRESSES: Send comments to the Air Force Privacy Act Officer, Office of Warfighting Integration and Chief Information Officer, SAF/XCX, 1800 Air Force Pentagon, Suite 220, Washington, DC 20330-1800. FOR FURTHER INFORMATION CONTACT: Ms. Novella Hill at
(703)696-6518. SUPPLEMENTARY INFORMATION: The Department of the Air Force's notices for systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The proposed systems reports, as required by 5 U.S.C. 552a(r) of the Privacy Act, were submitted on April 10, 2008, to the House Committee on Oversight and Government Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Office of Management and Budget
(OMB)pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, ‘Federal Agency Responsibilities for Maintaining Records About Individuals,’ dated February 8, 1996, (February 20, 1996, 61 FR 6427). Dated: April 23, 2008. Patricia Toppings, OSD Federal Register Liaison Officer, Department of Defense. F051 AF JA A System Name: Judge Advocate General's Professional Conduct Files (June 11, 1997, 62 FR 31793). Changes: System Location: Delete paragraph 1 and replace with “Office of the Professional Responsibility Administrator, Office of the Air Force Judge Advocate General, 1420 Air Force Pentagon, Washington, DC 20330-1420.” Add to entry “National Guard Bureau, Judge Advocate's Office (NGB/JA), 1411 Jefferson Davis Highway, Arlington, VA 22202.” Categories of Individuals Covered by the System: Delete entry and replace with “Judge advocates (active duty, reserve, or guard), civilian attorneys employed by The Judge Advocate General's Corps and civilian attorneys subject to the disciplinary authority of The Judge Advocate General who have been the subject of a complaint related to their professional conduct.” Categories of records in the system: Delete entry and replace with “Records include, but are not limited to name, address, social security number (SSN); complaints with substantiating documents; letters/transcriptions of complaints, allegations and queries; letters of appointment; reports of reviews, inquiries, and investigations with supporting attachments, exhibits and photographs; records of interviews; witness statements; recommendations; reports of legal reviews of case files; reports of Advisory Committee reviews; congressional responses; memoranda; letters and reports of findings and actions taken; letters to complainants and subjects of investigations; letters of rebuttal from subjects; financial, personnel, administrative, adverse information, and technical reports.” Purposes: Delete paragraph 3 and replace with “To ensure licensing agencies of the individual states (including the District of Columbia, Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands and the Commonwealth of the Northern Mariana Islands), and the various courts that licensed Air Force attorneys are advised of adverse determinations documenting violations of the rules of professional responsibility affecting an attorney's fitness to practice law, this in an effort to protect the Air Force and the general public from substandard legal practitioners.” Delete paragraph 4 and replace with “To record the disposition of professional responsibility complaints and to document professional responsibility violations and corrective action taken.” System Manager(s) and Address: Delete entry and replace with “Office of The Judge Advocate General, Professional Responsibility Administrator, 1420 Air Force Pentagon, Washington, DC 20330-1420.” Notification Procedure: Delete entry and replace with “Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the Office of The Judge Advocate General, Professional Responsibility Administrator, 1420 Air Force Pentagon, Washington, DC 20330-1420. Written inquiries should include full name, mailing address, and Social Security Number (SSN).” Record Access Procedures: Delete entry and replace with “Individuals seeking access to records about themselves contained in this system should address written requests to the Office of The Judge Advocate General, Professional Responsibility Administrator, 1420 Air Force Pentagon, Washington, DC 20330-1420. Written inquiries should include full name, mailing address, and Social Security Number (SSN).” Exemptions Claimed for the System: Delete paragraph, Replace with “Exemption (k)(2), 5 U.S.C. 552a. Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of the information, the individual will be provided access to the information except to the extent that disclosure would reveal the identity of a confidential source.” F051 AF JA A System Name: Judge Advocate General's Professional Conduct Files System Location: Office of the Professional Responsibility Administrator, Office of the Air Force Judge Advocate General, 1420 Air Force Pentagon, Washington, DC 20330-1420; Army-Air Force Exchange Service Headquarters, General Counsel, P.O. Box 660202, Dallas, TX 75266-0202; Defense Commissary Agency Headquarters, General Counsel, Building P11200, Fort Lee, VA 23801; and Defense Logistics Agency, Judge Advocate, Alexandria, VA 22310-6130. The Judge Advocate's office at headquarters of major commands, field operating offices, and unified commands. Official mailing addresses are published as an appendix to the Air Force's compilation of systems of records notices. National Guard Bureau, Judge Advocate's Office (NGB/JA), 1411 Jefferson Davis Highway, Arlington, VA 22202. Categories of Individuals Covered by the System: Judge advocates (active duty, reserve, or guard), civilian attorneys employed by The Judge Advocate General's Corps and civilian attorneys subject to the disciplinary authority of The Judge Advocate General who have been the subject of a complaint related to their professional conduct. Categories of records in the system: Records include, but are not limited to name, address, social security number (SSN); complaints with substantiating documents; letters/transcriptions of complaints, allegations and queries; letters of appointment; reports of reviews, inquiries, and investigations with supporting attachments, exhibits and photographs; records of interviews; witness statements; recommendations; reports of legal reviews of case files; reports of Advisory Committee reviews; congressional responses; memoranda; letters and reports of findings and actions taken; letters to complainants and subjects of investigations; letters of rebuttal from subjects; financial, personnel, administrative, adverse information, and technical reports. Authority for Maintenance of the System: 10 U.S.C. 8037, Judge Advocate General, Deputy Judge Advocate General: Appointment and duties; RCM 109, Manual for Courts-Martial, 1984 and Executive Order 9397 (SSN). Purpose(s): To assist The Judge Advocate General in the evaluation, management, administration and regulation of the delivery of legal services by offices and personnel under his jurisdiction. To ensure the proper qualifications for the practice of law are met and maintained by each attorney practicing under the direct or indirect supervision of The Judge Advocate General. To ensure licensing agencies of the individual states (including the District of Columbia, Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands and the Commonwealth of the Northern Mariana Islands), and the various courts that licensed Air Force attorneys are advised of adverse determinations documenting violations of the rules of professional responsibility affecting an attorney's fitness to practice law, this in an effort to protect the Air Force and the general public from substandard legal practitioners. To record the disposition of professional responsibility complaints and to document professional responsibility violations and corrective action taken. Routine Uses of Records Maintained in the System, Including Categories of Users and the Purposes of Such Uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records, or information contained therein, may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: To federal and state agencies or bar associations charged with licensing and authorizing attorneys to practice law, and to various courts authorizing attorneys to practice before said courts, in order to protect the public and ensure the proper administration of justice. To current and potential governmental employers during authorized background checks to assist their efforts to protect the public and ensure the proper administration of justice. The ‘Blanket Routine Uses’ published at the beginning of the Air Force's compilation of systems of records notices apply to this system. Policies and Practices for Storing, Retrieving, Accessing, Retaining, and Disposing of Records in the System: Storage: Maintained in file folders, in computer, and on computer output products. Retrievability: Retrieved by name of individual. Safeguards: Records are accessed by person(s) responsible for servicing the record system in performance of their official duties and by authorized personnel who are properly screened and cleared for need-to-know. Records are stored in locked rooms and cabinets. Those in computer storage devices are protected by computer system software. Computers must be accessed with a password. Retention and Disposal: Retained in office files for three
(3)years after year in which case is closed. Records are destroyed by tearing into pieces, shredding, pulping, macerating or burning. Computer records are destroyed by erasing, deleting or overwriting. System Manager(s) and Address: Office of The Judge Advocate General, Professional Responsibility Administrator, 1420 Air Force Pentagon, Washington, DC 20330-1420. Notification Procedure: Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the Office of The Judge Advocate General, Professional Responsibility Administrator, 1420 Air Force Pentagon, Washington, DC 20330-1420. Written inquiries should include full name, mailing address, and Social Security Number (SSN). Record Access Procedures: Individuals seeking access to records about themselves contained in this system should address written requests to the Office of The Judge Advocate General, Professional Responsibility Administrator, 1420 Air Force Pentagon, Washington, DC 20330-1420. Written inquiries should include full name, mailing address, and Social Security Number (SSN). Contesting Record Procedures: The Air Force rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Air Force Instruction 37-132; 32 CFR part 806b; or may be obtained from the system manager. Record Source Categories: Information is received from individuals; federal, state and local authorities; other Air Force records; state bar records; law enforcement records; educational records; complainants; inspectors; witnesses and subjects of inquiries. Exemptions Claimed for the System: Exemption (k)(2), 5 U.S.C. 552a. Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of the information, the individual will be provided access to the information except to the extent that disclosure would reveal the identity of a confidential source. [FR Doc. E8-9387 Filed 4-29-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army Availability of Non-Exclusive, Exclusive License or Partially Exclusive Licensing of U.S. Patent Concerning Apparatus and Method To Test Abrasion Resistance of Material Using Airborne Particulate AGENCY: Department of the Army, DoD. ACTION: Notice. SUMMARY: In accordance with 37 CFR 404.6, announcement is made of the availability for licensing of U.S. Patent No. U.S. 7,347,768 entitled “Apparatus and Method to Test Abrasion Resistance of Material Using Airborne Particulate” issued March 25, 2008. This patent has been assigned to the United States Government as represented by the Secretary of the Army. FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey DiTullio at U.S. Army Soldier Systems Center, Kansas Street, Natick, MA 01760, Phone;
(508)233-4184 or E-mail: *Jeffrey.Ditullio@natick.army.mil* . SUPPLEMENTARY INFORMATION: Any licenses granted shall comply with 35 U.S.C. 209 and 37 CFR part 404. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. E8-9430 Filed 4-29-08; 8:45 am] BILLING CODE 3710-08-P DEPARTMENT OF DEFENSE Department of the Army Availability of Non-Exclusive, Exclusive License or Partially Exclusive Licensing of U.S. Patent Concerning Assembled Hematin, Method for Forming Same and Method for Polymerizing Aromatic Monomers Using Same AGENCY: Department of the Army, DoD. ACTION: Notice. SUMMARY: In accordance with 37 CFR 404.6, announcement is made of the availability for licensing of U.S. Patent No. U.S. 7,344,751 entitled “Assembled Hematin, Method for Forming Same and Method for Polymerizing Aromatic Monomers Using Same” issued March 18, 2008. This patent has been assigned to the United States Government as represented by the Secretary of the Army. FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey DiTullio at U.S. Army Soldier Systems Center, Kansas Street, Natick, MA 01760, Phone;
(508)233-4184 or E-mail: *Jeffrey.Ditullio@natick.army.mil.* SUPPLEMENTARY INFORMATION: Any licenses granted shall comply with 35 U.S.C. 209 and 37 CFR part 404. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. E8-9431 Filed 4-29-08; 8:45 am] BILLING CODE 3710-08-P DEPARTMENT OF DEFENSE Department of the Army Army Science Board Plenary Meeting AGENCY: Department of the Army, DoD. ACTION: Notice of open meeting. SUMMARY: Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (U.S.C. 552b, as amended) and 41 Code of the Federal Regulations (CFR 102-3. 140 through 160, the Department of the Army announces the following committee meeting: *Name of Committee:* Army Science Board (ASB). *Date(s) of Meeting:* May 20-21, 2008. *Time(s) of Meeting:* 0800-1700, May 20, 2008-1300-1600, May 21, 2008. *Place of Meeting:* Minute Maid Park, 6580 Fannin Street, Houston, TX. FOR FURTHER INFORMATION CONTACT: For information please contact Ms. Sharon Harvey at *sharon.harvey1@us.army.mil* or
(703)604-7466 or Mr. Wayne Joyner at *wayne.joyner@saalt.army.mil* or
(703)604-7490. Written submissions are to be submitted to the following address: Army Science Board, ATTN: Designated Federal Officer, 2511 Jefferson Davis Highway, Suite 11500, Arlington, VA 22202-3911. SUPPLEMENTARY INFORMATION: *Proposed Agenda:* The Army Science Board will meet on May 20-21, 2008 at Minute Maid Park, Houston, TX. Purpose of the meeting on both days is to allow each study to collect data and hold discussions. Study topics include: Generation Force Functional Census, Institutionalization of Innovative Army Organizations, Information Operations, LandWarNet, and Persistent Communications, Surveillance and Reconnaissance. *Filing Written Statement:* Pursuant to 41 CFR 102-3.140d, the Committee is not obligated to allow the public to speak; however, interested persons may submit a written statement for consideration by the Subcommittees. Individuals submitting a written statement must submit their statement to the Designated Federal Officer
(DFO)at the address listed (see FOR FURTHER INFORMATION CONTACT ). Written statements not received at least 10 calendar days prior to the meeting, may not be provided to or considered by the subcommittees until its next meeting. The DFO will review all timely submissions with the subcommittee Chairs and ensure they are provided to the specific subcommittee members before the meeting. After reviewing written comments, the subcommittee Chairs and the DFO may choose to invite the submitter of the comments to orally present their issue during a future open meeting. The DFO, in consultation with the subcommittee Chairs, may allot a specific amount of time for the members of the public to present their issues for review and discussion. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. E8-9450 Filed 4-29-08; 8:45 am] BILLING CODE 3710-08-P DEPARTMENT OF DEFENSE Department of the Army Notice of Availability of a Novel UV Emitting Device for Exclusive, Partially Exclusive or Non-Exclusive Licenses AGENCY: Department of the Army, DoD. ACTION: Notice of availability. SUMMARY: The Department of the Army announces the general availability of exclusive, partially exclusive or non-exclusive licenses relative to a novel ultraviolet light emitting device as described in U.S. Patent Applications 11/376,453, Ultraviolet Light Emitting AlGaN Composition and Ultraviolet Light Emitting Device Containing Same and 11/376,452 Method of Manufacturing an Ultraviolet Light Emitting AlGaN Composition and Ultraviolet Light Emitting Device Containing Same. Any license shall comply with 35 U.S.C. 209 and 37 CFR 404. FOR FURTHER INFORMATION CONTACT: Michael D. Rausa, U.S. Army Research Laboratory, Office of Research and Technology Applications, ATTN: AMSRD-ARL-DP-P/Bldg. 434, Aberdeen Proving Ground, MD 21005-5425, Telephone:
(410)278-5028. SUPPLEMENTARY INFORMATION: None. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. E8-9458 Filed 4-29-08; 8:45 am] BILLING CODE 3710-08-P DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers Availability of the Draft Environmental Impact Statement for the Northern Integrated Supply Project, Larimer and Weld Counties, CO AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD. ACTION: Notice of Availability. SUMMARY: The U.S. Army Corps of Engineers (Corps) Omaha District has prepared a Draft Environmental Impact Statement
(EIS)to analyze the direct, indirect and cumulative effects of the construction of the Northern Integrated Supply Project
(NISP)involving the Glade Reservoir and the South Platte Water Conservation Project (SPWCP) involving the Galeton Reservoir in Larimer and Weld Counties, CO. The Proposed Action is a regional water supply project intended to provide approximately 40,000 acre-feet
(AF)of new water for 12 water providers and municipalities in Larimer, Weld, Morgan and Boulder Counties. Construction of the two reservoirs and support facilities would result in permanent impacts to approximately 44 acres of wetlands and 7 acres of other waters and temporary impacts to approximately 10 acres of wetlands and 9 acres of other waters. This action requires authorization from the Corps under Section 404 of the Clean Water Act. The Applicant is the Northern Colorado Water Conservancy District (NCWCD). The Draft EIS was prepared in accordance with the National Environmental Policy Act
(NEPA)of 1969, as amended, and the Corps' regulations for NEPA implementation (33 Code of Federal Regulations [CFR] parts 230 and 325, Appendices B and C). The Corps, Omaha District, Regulatory Branch is the lead federal agency responsible for the Draft EIS and information contained in the EIS serves as the basis for a decision regarding issuance of a section 404 permit. It also provides information for Federal, state and local agencies having jurisdictional responsibility for affected resources. DATES: Written comments on the Draft EIS will be accepted on or after April 30, 2008 until July 29, 2008. Oral and/or written comments may also be presented at the Public Hearing to be held at 6 p.m. on Tuesday, June 17, 2008 at the Fort Collins Senior Center, 1200 Raintree Drive, Fort Collins, CO and at the Public Hearing to be held at 7 p.m. on Thursday, June 19, 2008 at the University of Northern Colorado Student Center, 501 20th Street, Greeley, CO. ADDRESSES: Send written comments regarding the Proposed Action and Draft EIS to Chandler J. Peter, NEPA EIS/404b1 Coordinator, U.S. Army Corps of Engineers, Omaha District—Denver Regulatory Office, 9307 South Wadsworth Boulevard, Littleton, CO 80128 or via e-mail: *chandler.j.peter@usace.army.mil.* Requests to be placed on or removed from the mailing list should also be sent to this address. FOR FURTHER INFORMATION CONTACT: Chandler J. Peter, NEPA EIS/404b1 Coordinator, U.S. Army Corps of Engineers at 303-979-4120; Fax 303-979-0602. SUPPLEMENTARY INFORMATION: The purpose of the Draft EIS is to provide decision-makers and the public with information pertaining to the Proposed Action and alternatives, and to disclose environmental impacts and identify mitigation measures to reduce impacts. NCWCD proposes to construct Glade Reservoir with a total storage capacity of approximately 170,000 AF. NCWCD also proposes to construct the SPWCP which includes Galeton Reservoir with a total storage capacity of approximately 40,000 AF and support facilities. In addition to Glade Reservoir, an existing diversion dam and intake structure in the Cache la Poudre River would be rehabilitated and a forebay, pumping facility and outlet channel would be constructed. Glade Reservoir would inundate approximately 7 miles of U.S. Highway 287, requiring a relocation of the highway east of its current alignment as well as a section of the Munroe (North Poudre Supply) Canal requiring it to be rerouted. Construction of a new pipeline from Glade Reservoir to the existing Horsetooth Reservoir, a part of the Colorado-Big Thompson project, is also proposed. A new diversion dam and intake in the South Platte River, pumping facilities, and new pipelines would also be constructed with Galeton Reservoir for the SPWCP. The purpose for the project is to provide additional firm annual yield to the 12 water providers and communities to address anticipated water demands associated with projected growth. Operations of the reservoirs involve an exchange of water. The Glade Reservoir would be filled with water from a new water right as well as agricultural water normally diverted for irrigation. Agricultural water would be replaced by the South Platte Water Conservation Project which will divert new water rights from the South Platte River and pumping it into Galeton Reservoir. In addition to the Proposed Action, the Draft EIS analyzes three primary alternatives and associated sub-alternatives:
(1)The Cactus Hill Reservoir (180,000 AF) and SPWCP (40,000 AF Galeton Reservoir) Alternative,
(2)the Glade Reservoir and reduced SPWCP (20,000 AF Galeton) with agriculture transfers, and
(3)the No Action Alternative. The U.S. Environmental Protection Agency Region VIII, U.S. Fish and Wildlife Service, Bureau of Reclamation, Colorado Department of Transportation, and Larimer County participated as cooperating agencies in the formulation of the Draft EIS. Copies of the Draft EIS will be available for review at: 1. Colorado State University Morgan Library, 501 University Avenue, Fort Collins, CO 80523. 2. Fort Collins Regional Library District, 201 Peterson St., Fort Collins, CO 80524. 3. Fort Collins Regional Library District, 4616 S. Shields St., Fort Collins, CO 80526. 4. Windsor Recreation Center, 250 11th Street, Windsor, CO 80550. 5. Greeley City Manager's Office, 1000 10th Street, Greeley, CO 80631. 6. University of Northern Colorado, James A. Michener Library, Greeley, CO 80639. 7. Northern Colorado Water Conservancy District, 220 Water Avenue, Berthoud, CO 80513. 8. U.S. Army Corps of Engineers, Denver Regulatory Office, 9307 S. Wadsworth Boulevard, Littleton, CO 80128. Electronic copies of the Draft EIS may be obtained from the Denver Regulatory Office or its Web site at *http://www.nwo.usace.army.mil/html/od-tl/eis-info.htm.* Chandler J. Peter, NEPA EIS/404b1 Coordinator, Operations Division, Omaha District. [FR Doc. E8-9440 Filed 4-29-08; 8:45 am] BILLING CODE 3710-62-P DEPARTMENT OF DEFENSE Department of the Navy [Docket ID: USN-2008-0035] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice To Add a System of Records. SUMMARY: The Department of Navy proposes to add a system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: The changes will be effective on May 30, 2008 unless comments are received that would result in a contrary determination. ADDRESSES: Send comments to the Privacy Act Officer, Mrs. Doris Lama, Department of the Navy, 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at
(202)685-6545. SUPPLEMENTARY INFORMATION: The Department of the Navy systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The proposed systems reports, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, were submitted on April 16, 2008, to the House Committee on Government Oversight and Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Office of Management and Budget
(OMB)pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, “Federal Agency Responsibilities for Maintaining Records About Individuals,” dated February 8, 1996 (February 20, 1996, 61 FR 6427). Dated: April 23, 2008. Patricia Toppings, OSD Federal Register Liaison Officer, Department of Defense. NM01070-14 System name: Seabee Personnel and Readiness Management System (PRMS). System location: Naval Facilities Information Technology Center, 1000 23rd Avenue, Port Hueneme, CA 93043-1000. Categories of individuals covered by the system: Navy and Marine Corps military personnel assigned to units within the Naval Construction Forces and Navy personnel assigned to Amphibious Construction Battalions and Expeditionary Logistic Support Groups. Categories of records in the system: Individual's name, Social Security Number (SSN), personnel and training records; identification of individual skill sets; and information concerning gear sizes/issuances. Authority for maintenance of the system: 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; and E.O. 9397 (SSN). Purpose(s): To ensure readiness of Seabee personnel for deployment. To develop and maintain unit recall and alpha rosters for entire units, companies, detachments, military teams, etc. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The DoD ‘Blanket Routine Uses’ that appear at the beginning of the Navy's compilation of systems of records notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Manual and automated records. Retrievability: Records are retrieved by individual's name and Social Security Number (SSN). Safeguards: Access is provided on a “need-to-know” basis and to authorized personnel only. Records are maintained in controlled access rooms or areas. Data is limited to personnel training associated information. Computer terminal access is controlled by terminal identification, CAC cards and the password or similar system. Physical access to terminals is restricted to specifically authorized individuals. Password authorization, assignment and monitoring are the responsibility of the functional managers. Retention and disposal: Records are retained for 20 years and then destroyed. System manager(s) and address: Director, Naval Facilities Information Technology Center, 1000 23rd Avenue, Port Hueneme, CA 93043-1000. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Director, Naval Facilities Information Technology Center, 1000 23rd Avenue, Port Hueneme, CA 93043-1000. The request should be signed and contain individual's full name and Social Security Number (SSN). Record access procedures: Individuals seeking to access information about themselves contained in this system should address written inquiries to Director, Naval Facilities Information Technology Center, 1000 23rd Avenue, Port Hueneme, CA 93043-1000. The request should be signed and contain individual's full name and Social Security Number (SSN). Contesting record procedures: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. Record source categories: Individual, military personnel file, command personnel, and electronic training jacket. Exemptions claimed for the system: None. [FR Doc. E8-9380 Filed 4-29-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [Docket ID: USN-2008-0030] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice To Amend a System of Records. SUMMARY: The Department of the Navy is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on May 30, 2008, unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at
(202)685-6545. SUPPLEMENTARY INFORMATION: The Department of the Navy systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: April 23, 2008. Patricia Toppings, OSD Federal Register Liaison Officer, Department of Defense. N07230-2 System name: NEXCOM Payroll Processing (March 2, 1994, 59 FR 9965). Changes: Delete “N07230-2” and replace with “N04066-8” Categories of individuals covered by the system: After the word “Guam”, add “Italy, Spain,”. Categories of records in the system: Delete “citizenship”. Authority for maintenance of the system: Delete entry and replace with “10 U.S.C. 5013, Secretary of the Navy and E.O. 9397 (SSN).” Purpose(s): Delete entry and replace with “To maintain a data base which will permit the contractor to supply bi-weekly payroll processing which includes, but is not limited to preparation and issuance of bi-weekly pay checks and pay check stubs, check registers and payroll registers; preparation and issuance of various bi-weekly, monthly, quarterly, semi-annual and annual reports; establishment and maintenance of current payroll master file; annual preparation and distribution of wage and tax statements, Form W-2; and, payroll tax filing services.” Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Delete entry and replace with “Computer Server.” Safeguards: Delete entry and replace with “Contractor facility is protected as follows: Security Operations Center staffed with security personnel 24/7; security cameras installed at all perimeter doors; access to the site is controlled by an access card system. This system prevents unauthorized entry to the processing and server rooms; cameras are present in the Data Center and outside all Data Center entrances.” Record source categories: Delete entry and replace with “Individual and timekeeping management documents.” N04066-8 System name: NEXCOM Payroll Processing. System location: Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724 and at all Navy Exchanges located in CONUS, Guam, Italy, Spain, and Japan. Official mailing addresses are published as an appendix to the Navy's compilation of systems of records notices. Categories of individuals covered by the system: All Navy Exchange System employees located in CONUS, Guam, and Japan. Categories of records in the system: The Master Payroll Files and Leave Year Record File will contain at a minimum employee name, Social Security Number (SSN), department, exchange number, payroll number, birth date, marital status, hire date, adjusted date of hire, job grade and step, employee category, pay basis, pay status (exempt/nonexempt), employee benefit, deduction information. Authority for maintenance of the system: 10 U.S.C. 5013, Secretary of the Navy and E.O. 9397 (SSN). Purpose(s): To maintain a data base which will permit the contractor to supply bi-weekly payroll processing which includes, but is not limited to, preparation and issuance of bi-weekly pay checks and pay check stubs, check registers and payroll registers; preparation and issuance of various bi-weekly, monthly, quarterly, semi-annual and annual reports; establishment and maintenance of current payroll master file; annual preparation and distribution of wage and tax statements, Form W-2; and payroll tax filing services. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The ‘Blanket Routine Uses’ that appear at the beginning of the Navy's compilation of systems of records notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Computer Server. Retrievability: Name, Social Security Number, exchange number, and payroll number. Safeguards: Contractor facility is protected as follows: Security Operations Center staffed with security personnel 24/7; security cameras installed at all perimeter doors; access to the site is controlled by an access card system. This system prevents unauthorized entry to the processing and server rooms; cameras are present in the Data Center and outside all Data Center entrances. Retention and disposal: Records are maintained by the contractor for the life of the contract (three years or more). Once contract is complete, records are returned to NEXCOM where they are maintained for seven years and then destroyed. System manager(s) and address: Policy Official: Commander, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Record Holder: Controller, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Notification procedure: Individuals seeking to determine whether this system contains information about themselves should address written inquiries to the Comptroller, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. The request must contain individual's full name and Social Security Number
(SSN)and must be signed. Record access procedures: Individuals seeking access to information about themselves contained in this system of records should address written inquiries to the Comptroller, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. The request must contain individual's full name and Social Security Number
(SSN)and must be signed. Contesting record procedures: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. Record source categories: Individual and timekeeping management documents. Exemptions claimed for the system: None. [FR Doc. E8-9381 Filed 4-29-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [Docket ID: USN-2008-0034] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice To Add a System of Records. SUMMARY: The Department of Navy proposes to add a system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: The changes will be effective on May 30, 2008 unless comments are received that would result in a contrary determination. ADDRESSES: Send comments to the Privacy Act Officer, Mrs. Doris Lama, Department of the Navy, 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at
(202)685-6545. SUPPLEMENTARY INFORMATION: The Department of the Navy systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The proposed systems reports, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, were submitted on April 16, 2008, to the House Committee on Government Oversight and Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Office of Management and Budget
(OMB)pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, “Federal Agency Responsibilities for Maintaining Records About Individuals,” dated February 8, 1996 (February 20, 1996, 61 FR 6427). Dated: April 23, 2008. Patricia Toppings, OSD Federal Register Liaison Officer, Department of Defense. N01420-1 System name: Enlisted to Officer Commissioning Programs. System locations: U.S. Naval Academy (USNA)—Nominations and Appointments Office, 117 Decatur Road, Annapolis, MD 21402-5019. Officer Candidate School (OCS)—Navy Recruiting Command (N36), Naval Support Activity Mid South, Building 784, 5722 Integrity Drive, Millington, TN 38054-5057. Medical Commissioning Program (MCP)—Naval Medical Education and Training Command, (Code OG3), 8901 Wisconsin Avenue, Bethesda, MD 20889-5611. Medical Service Corps
(MSC)Interservice Procurement Program (IPP)—Naval Medical Education and Training Command, (Code OG3), Officer Graduate Programs, 8901 Wisconsin Avenue, Bethesda, MD 20889-5611. Limited Duty Officer
(LDO)and Chief Warrant Officer
(CWO)Active duty program—Navy Personnel Command (PERS 803), 5720 Integrity Drive, Millington, TN 38055-8010. LDO/CWO Inactive duty program—Navy Personnel Command (PERS 91C), 5720 Integrity Drive, Millington, TN 38055-9200. Seaman to Admiral (STA-21) Program—Commanding Officer, Attn: OD2, Naval Service Training Command, 250 Dallas Street, Suite A, Pensacola, FL 32508-5268. Categories of individuals covered by the system: Individuals who apply for Officer Commissioning Programs in the Navy. Categories of records in the system: Full name, Social Security Number (SSN), rank, status; OPNAV 1420/1, Officer Programs Application; school transcripts; DD Form 2807-1, Report of Medical History; DD 2808, Report of Medical Examination; STA-21, Application Data Form; Commanding Officer's Recommendation Form; Nomination Review Board Chairperson Recommendation Form; Interview Verification Form; NAVCRUIT 1131/5, Interviewers Appraisal Sheet; Applicant checklists. Authority for maintenance of the system: 5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 532, 2122, 5013, 12209, 12241; E.O. 9397 (SSN); and OPNAVINST 1420.1B, Enlisted to Officer Commissioning Programs Application Administration Manual. Purpose(s): To determine applicant's qualifications for commission in the U.S. Navy and programs leading to commission. The information provided may become a permanent part of the individual's service record. The Social Security Number
(SSN)will be used to verify, identify, and locate existing records. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: To the Department of Justice for use in prosecuting applicant for fraudulent appointment into the Navy. The DoD “Blanket Routine Uses” that appear at the beginning of the Navy's compilation of system of record notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper and automated records. Retrievability: Name and Social Security Number (SSN). Safeguards: Password controlled system, file, and element access based on predefined need-to-know. Physical access to terminals, terminal rooms, buildings and activities' grounds are controlled by locked terminals and rooms, guards, personnel screening and visitor registers. Password complexity, expiration, minimum length, and history will assist in assuring only appropriate personnel have access to client data. Retention and disposal: Records which have not been merged in the military personnel record are destroyed after two years. System manager(s) and address: U.S. Naval Academy (USNA)—Candidate Guidance Office, *Attn:* Fleet/NAPS Coordinator, 117 Decatur Road, Annapolis, MD 21402-5018. Officer Candidate School (OCS)—Navy Recruiting Command (N36), Naval Support Activity Mid South, Building 784, 5722 Integrity Drive, Millington, TN 38054-5057. Medical Commissioning Program (MCP)—Naval Medical Education and Training Command, (Code OG3), 8901 Wisconsin Avenue, Bethesda, MD 20889-5611. MSC IPP—Naval Medical Education and Training Command, (Code OG3), Officer Graduate Programs, 8901 Wisconsin Avenue, Bethesda, MD 20889-5611. LDO/CWO Active duty—Navy Personnel Command PERS 803, 5720 Integrity Drive, Millington, TN 38055-8010. LDO/CWO Inactive duty—Navy Personnel Command PERS 91C, 5720 Integrity Drive, Millington, TN 38055-9200. STA-21—Commanding Officer, Attn: OD2, Naval Service Training Command, 250 Dallas Street, Suite A, Pensacola, FL 32508-5268. Notification procedure: Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the official they submitted their application to. Such as: USNA—U.S. Naval Academy, Candidate Guidance Office, Attn: Fleet/NAPS Coordinator, 117 Decatur Road, Annapolis, MD 21402-5018. OCS—Navy Recruiting Command (N36), Naval Support Activity Mid South, Building 784, 5722 Integrity Drive, Millington, TN 38054-5057. MCP—Naval Medical Education and Training Command, (Code OG3), 8901 Wisconsin Avenue, Bethesda, MD 20889-5611. MSC IPP—Naval Medical Education and Training Command, (Code OG3), Officer Graduate Programs, 8901 Wisconsin Avenue, Bethesda, MD 20889-5611. LDO/CWO Active duty—Navy Personnel Command PERS 803, 5720 Integrity Drive, Millington, TN 38055-8010. LDO/CWO Inactive duty—Navy Personnel Command PERS 91C, 5720 Integrity Drive, Millington, TN 38055-9200. STA-21—Commanding Officer, Attn: OD2, Naval Service Training Command, 250 Dallas Street, Suite A, Pensacola, FL 32508-5268. Written request should contain full name, Social Security Number, rank, status, and signature of requester. Record access procedures: Active duty enlisted personnel seeking access to records about themselves contained in this system of records should address written inquiries to the official they submitted their application to. Such as: USNA—U.S. Naval Academy, Candidate Guidance Office, Attn: Fleet/NAPS Coordinator, 117 Decatur Road, Annapolis, MD 21402-5018. OCS—Navy Recruiting Command (N36), Naval Support Activity Mid South, Building 784, 5722 Integrity Drive, Millington, TN 38054-5057. MCP—Naval Medical Education and Training Command, (Code OG3), 8901 Wisconsin Avenue, Bethesda, MD 20889-5611. MSC IPP—Naval Medical Education and Training Command, (Code OG3), Officer Graduate Programs, 8901 Wisconsin Avenue, Bethesda, MD 20889-5611. LDO/CWO Active duty—Navy Personnel Command PERS 803, 5720 Integrity Drive, Millington, TN 38055-8010. LDO/CWO Inactive duty—Navy Personnel Command PERS 91C, 5720 Integrity Drive, Millington, TN 38055-9200. STA-21—Commanding Officer, Attn: OD2, Naval Service Training Command, 250 Dallas Street, Suite A, Pensacola, FL 32508-5268. Written request should contain full name, Social Security Number, rank, status, and signature of requester. Contesting record procedures: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. Record source categories: Individual; application forms; official records; transcripts; official correspondence; etc. Exemptions claimed for the system: None. [FR Doc. E8-9382 Filed 4-29-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [Docket ID: USN-2008-0033] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to amend a system of records. SUMMARY: The Department of the Navy is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on May 30, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at
(202)685-6545. SUPPLEMENTARY INFORMATION: The Department of the Navy systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: April 23, 2008. Patricia Toppings, OSD Federal Register Liaison Officer, Department of Defense. N12930-1 System Name: NEXCOM Human Resources Group Personnel Records (January 29, 2007, 72 FR 3983). Changes: Delete “N12930-1” and replace with “N04066-6” Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: After “database,” add “compact”. Retention and disposal: Delete entry and replace with “Transfer to National Personnel Records Center (NPRC), Civilian Personnel Records, St. Louis, MO, 30 days after separation. NPRC will destroy 75 years after birth date of employee (60 years after date of the earliest document in the file if the date of birth cannot be ascertained) or 5 years after the latest separation, whichever is later.” System manager(s) and address: Delete paragraph 2 and replace with “Master Record Holder: Director, Benefits/Labor/employee Relations, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724.” Notification procedure: In paragraph 2, after the word “should” add “be signed and”. Record access procedures: In paragraph 2, after the word “should” add “be signed and”. N04066-6 System name: NEXCOM Human Resources Group Personnel Records. System location: Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724 and at all Navy Exchanges. Mailing addresses for Navy Exchanges are available from the Commander, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Categories of individuals covered by the system: Civilian employees, former civilian employees, and applicants for employment with the Navy Exchange Service Command and Navy Exchanges located worldwide. Employees who are paid from nonappropriated funds are regular full time, regular part-time, temporary full time, temporary part-time and intermittent. Categories of records in the system: Personnel jackets, including but not limited to Personnel Information Questionnaire, Personnel Action; Certification of Medical Examination Indoctrination Checklist; Election forms for all life, health, and retirement programs, applicant participation data for each program; notice of excessive absence and tardiness and warnings; disciplinary actions; certified record of court attendance; certified copy of completed military orders for any annual duty tours with recognized reserve organizations; employee job description; tuition assistance records; examination papers and tests, if any; evidence of date of birth, where required; official letters of commendation; cash register overage/shortage records; report of hearings and recommendations relative to employee's grievances; official work performance rating; designation beneficiary for unpaid compensation; reference check records; applicant files; employee profiles; personnel security information (including copies of National Agency Check
(NAC)and Naval Criminal Investigative Service
(NCIS)reports); Certificate of Standards of Conduct and Fraud, Waste and Abuse training; travel requests, travel allowance and claims record; transportation agreements; employee affidavits; privilege card application, work assignments, work performance capability, counseling records, work-related records, training records including courses, type and completion dates; and related data. Labor and Employee Relations Records include notices of excessive absence, tardiness and warnings; disciplinary actions; unsatisfactory work performance evaluations; grievances, appeals, complaint and appeal records; reports of potential grievances and appeals; congressional correspondence; investigative reports and summaries of personnel administrative actions. Employee Benefits Records include data relating to Quality Salary Increase, Superior Accomplishment Recognition Awards, beneficial suggestions and similar awards; and personnel listings of the aforementioned services. Election forms for all life, health, and retirement programs and claims made for those programs. Authority for maintenance of the system: 5 U.S.C. 301, Departmental Regulations; 29 U.S.C. 201; 29 U.S.C. 633a; 29 U.S.C. 791 and 794a; Pub. L. 93-259, Equal Employment Act of 1972; and E.O. 9397 (SSN). Purpose(s): To determine suitability for employment, transfer, promotion or retention; to verify employment; to track travel performed and verify employee received proper remuneration for the travel performed; to process appraisals and salary increases; to provide a unique identification number that can be extracted into other systems with employee credentials (i.e., name, title, supervisor, department) for Information Technology systems account access and user provisioning purposes; to recognize accomplishments and contributions made by employees, and to administer and adjudicate discipline, grievances, complaints, appeals, litigation, and program evaluations. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: To appeals officers and complaints examiners of the Equal Employment Opportunity Commission for the purpose of conducting hearings in connection with employees appeals from adverse actions and formal discrimination complaints. To a federal agency in response to its request in connection with the hiring or retention of an employee, the issuance of a security clearance, the conducting of a security or suitability investigation of an individual, the classifying of jobs, the letting of a contract or the issuance of a license, grant or other benefit by the requesting agency, to the extent that the information is relevant and necessary. To the National Archives and Records Administration
(GSA)in records management inspection conducted under authority of 5 U.S.C. 2904 and 2906. In response to a request for discovery or for appearance of a witness, information that is relevant to the subject matter involved in the pending judicial or administrative proceeding. To officials of labor organizations recognized under the Civil Service Reform Act when relevant and necessary to their duties of exclusive representation concerning personnel policies, practices and matters affecting working conditions. The DoD ‘Blanket Routine Uses’ that appear at the beginning of the Navy's compilation of systems notices also apply to this system. Note: Records of identity, diagnosis, prognosis or treatment of any client/patient, irrespective of whether or when he/she ceases to be a client/patient, maintained in connection with the performance of any alcohol or drug abuse prevention and treatment function conducted, requested, or directly or indirectly assisted by any department or agency of the United States, shall, except as provided herein, be confidential and be disclosed only for the purposes and under the circumstances expressly authorized in 42 U.S.C. 290dd-2. These statutes take precedence over the Privacy Act of 1974 in regard to accessibility of such records except to the individual to whom the record pertains. The DoD ‘Blanket Routine Uses’ do not apply to these records. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: The media in which these records are maintained vary, but include: file folders; magnetic tapes; automated minicomputer database, compact disks and diskettes (hard drive); rolodex files; cardex files; ledgers; and printed reports. Retrievability: Name and/or Social Security Number (SSN); employee payroll number. Safeguards: Locked desks in supervisor's office and also, locked cabinets in locked offices supervised by appropriate personnel; periodic system backup and microcomputer records to data cartridge, microcomputer power supply locks and/or hard drive locks; security guards. Retention and disposal: Transfer to National Personnel Records Center (NPRC), Civilian Personnel Records, St. Louis, MO, 30 days after separation. NPRC will destroy 75 years after birth date of employee
(60)years after date of the earliest document in the file if the date of birth cannot be ascertained) or 5 years after the latest separation, whichever is later. System manager(s) and address: Policy Official: Commander, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Master Record Holder: Director, Benefits/Labor/Employee Relations, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Record Holder: Manager at the local Navy Exchange. Mailing Addresses are available from the Commander, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Notification procedure: Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the Commander, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724, or to the manager of the local Navy Exchange where employed. The request should contain full name, Social Security Number (SSN), activity where last employed or where last application for employment was filed and be signed. A list of other offices the requester may visit will be provided after initial contact is made at the office listed above. At the time of a personal visit, requester must provide proof of identity containing the requester's signature. Record access procedures: Individuals seeking access to records about themselves contained in this system of records should address written inquiries to the Commander, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724, or to the manager of the local Navy Exchange where employed. The request should contain full name, Social Security Number, activity where last employed or where last application for employment was filed and be signed. A list of other offices the requester may visit will be provided after initial contact is made at the office listed above. At the time of a personal visit, requester must provide proof of identity containing the requester's signature. Contesting record procedures: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. Record source categories: The individual to whom the record pertains; current and previous supervisors/employers; other records of the activity concerned; counseling records and comparable papers; educational institutions; applicants; applicant's previous employees; current and previous associates of the employee named by the employee as references; other records of activity investigators; witnesses; correspondents; investigative results and information provided by appropriate investigative agencies of the Federal Government. Exemptions claimed for the system: 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 may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. Testing or examination material used solely to determine individual qualifications for appointment or promotion in the federal or military service, if the disclosure would compromise the objectivity or fairness of the test or examination process may be exempt pursuant to 5 U.S.C. 552a(k)(6), if the disclosure would compromise the objectivity or fairness of the test or examination process. An exemption rule for this system has been promulgated in accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3),
(c)and
(e)and published in 32 CFR part 701, subpart G. For additional information, contact the system manager. [FR Doc. E8-9384 Filed 4-29-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [Docket ID: USN-2008-0031] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Navy is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on May 30, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at
(202)685-6545. SUPPLEMENTARY INFORMATION: The Department of the Navy systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: April 23, 2008. Patricia Toppings, OSD Federal Register Liaison Officer, Department of Defense. N01070-7 System name: NEXCOM Military Personnel Information System (March 2, 1994, 59 FR 9966). Changes: Authority for maintenance of the system: Delete entry and replace with “10 U.S.C. 5013, Secretary of the Navy and E.O. 9397 (SSN).” Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Delete entry and replace with “Paper and computerized records.” Safeguards: Delete entry and replace with “All information is maintained in locked file cabinets or locked archives. Computer systems are password protected and accessible to only individuals with a need to know.” Notification procedure: Delete entry and replace with “Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the Director, Office of Military Personnel, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Written requests must be signed and include full name, Social Security Number and military duty status. At the time of a personal visit, the requester must provide proof of identity containing the requester's signature.” Record access procedures: Delete entry and replace with “Individuals seeking access to records about themselves contained in this system of records should address written inquiries to the Director, Office of Military Personnel, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Written requests must be signed and include full name, Social Security Number and military duty status. At the time of a personal visit, the requester must provide proof of identity containing the requester's signature.” Record source categories: Delete entry and replace with “Defense Manpower Data Center; Navy Personnel Command; the individual; and the individual's supervisor.” N01070-7 System name: NEXCOM Military Personnel Information System. System location: Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Categories of individuals covered by the system: Present and past military officers and key enlisted personnel assigned to the Navy Exchange System. Categories of records in the system: Name; rank or rate; dependency status; Social Security Number (SSN); designation; date of rank; date reported; rotation date; educational level; lineal number; location of assignments; preference of assignment, biographical information, and orders. Authority for maintenance of the system: 10 U.S.C. 5013, Secretary of the Navy and E.O. 9397 (SSN). Purpose(s): To assist officials and employees of the Navy Exchange Service Command in the management, supervision, and administration of its personnel. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The ‘Blanket Routine Uses’ that appear at the beginning of the Navy's compilation of systems of records apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper and computerized records. Retrievability: Name and Social Security Number (SSN). Safeguards: All information is maintained in locked file cabinets or locked archives. Computer systems are password protected and accessible to only individuals with a need to know. Retention and disposal: Destroyed three years following an individual's discharge/retirement from the Navy. System manager(s) and address: Policy Official: Commander, Navy Exchange System, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Record Holder: Director, Office of Military Personnel, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Notification procedure: Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the Director, Office of Military Personnel, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Written requests must be signed and include full name, Social Security Number
(SSN)and military duty status. At the time of a personal visit, the requester must provide proof of identity containing the requester's signature. Record access procedures: Individuals seeking access to records about themselves contained in this system of records should address written inquiries to the Director, Office of Military Personnel, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Written requests must be signed and include full name, Social Security Number
(SSN)and military duty status. At the time of a personal visit, the requester must provide proof of identity containing the requester's signature. Contesting record procedures: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. Record source categories: Defense Manpower Data Center; Navy Personnel Command; the individual; and the individual's supervisor. Exemptions claimed for the system: None. [FR Doc. E8-9385 Filed 4-29-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [Docket ID: USN-2008-0032] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Navy is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on May 30, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at
(202)685-6545. SUPPLEMENTARY INFORMATION: The Department of the Navy systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: April 23, 2008. Patricia Toppings, OSD Federal Register Liaison Officer, Department of Defense. N04066-3 System name: Layaway Sales Records (September 25, 2006, 71 FR 55776). Changes: System name: At beginning of entry, add “NEXCOM”. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Delete entry and replace with “Paper and electronic records/databases.” Safeguards: Delete entry and replace with “Supervised office spaces and computers are accessible only to authorized personnel. All information is maintained in locked file cabinets or locked archives. Computer systems are password protected.” Notification procedure: In paragraph 2, after “provide” add “a signed request that includes their” Record access procedures: In paragraph 2, after “provide” add “a signed request that includes their” Record source categories: Delete entry and replace with “The individual and layaway sales records.” N04066-3 System name: NEXCOM Layaway Sales Records. System location: Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724 (for all Navy exchanges). Categories of individuals covered by the system: Patrons of Navy exchanges who buy goods on layaway. Categories of records in the system: Layaway tickets and layaway patron lists to include individual's name and activity where layaway sales were transacted. Authority for maintenance of the system: 10 U.S.C. 5013, Secretary of the Navy. Purpose(s): To record the selection of layaway merchandise, record payments, verify merchandise pick up and as a management tool to perform sales audits. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The DoD ‘Blanket Routine Uses’ that appear at the beginning of the Navy's compilation of systems notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper and electronic records/databases. Retrievability: Name and address. Safeguards: Supervised office spaces and computers are accessible only to authorized personnel. All information is maintained in locked file cabinets or locked archives. Computer systems are password protected. Retention and disposal: Paid in full layaway records are maintained in an electronic journal for a period of one year and then destroyed. Paper records are destroyed after two years. System manager(s) and address: Policy Official: Commander, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Record Holder: Director, Operations Group, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Individual record holders within the central system may be contacted through the central system record holder. Notification procedure: Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the Commander, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. In the initial inquiry, the requester must provide full name, activity where layaway sales were transacted, and be signed. A list of other offices the requester may visit will be provided after initial contact at the office listed above. At the time of personal visit, requesters must provide proof of identity containing the requester's signature. Record access procedures: Individuals seeking access to records about themselves should address written inquiries to the Commander, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. The requester must provide full name, activity where layaway sales were transacted and be signed. A list of other offices the requester may visit will be provided after initial contact at the office listed above. At the time of personal visit, requesters must provide proof of identity containing the requester's signature. Contesting record procedures: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. Record source categories: The individual and layaway sales records. Exemptions claimed for the system: None. [FR Doc. E8-9386 Filed 4-29-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [Docket ID: USN-2008-0038] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice To Alter a System of Records. SUMMARY: The Department of the Navy proposes to alter a system of records notice in its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on May 30, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at
(202)685-325-6545. SUPPLEMENTARY INFORMATION: The Department of the Navy's systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The proposed system reports, as required by 5 U.S.C. 552a(r), of the Privacy Act of 1974, as amended, were submitted on April 23, 2008, to the House Committee on Oversight and Government Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Office of Management and Budget
(OMB)pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, ‘Federal Agency Responsibilities for Maintaining Records About Individuals,’ dated February 8, 1996 (February 20, 1996, 61 FR 6427). Dated: April 24, 2008. Patricia Toppings, OSD Federal Register Liaison Officer, Department of Defense. N01752-2 System Name: Transitional Compensation for Abused Dependents. Changes: Delete entry and replace “N01752-2” with “NM01752-2”. System Name: Delete entry and replace with “DON Transitional Compensation for Abused Dependents.” System Location: Delete entry and replace with “Commander, Navy Installations Command (N911B), Detachment Millington, Building 457, 5720 Integrity Drive, Millington, TN 38055-6500. Commandant of the Marine Corps, Headquarters, United States Marine Corps, Manpower and Reserve Affairs (MR), Prevention and Intervention Counseling Services (MRRO), 3280 Russell Road, Quantico, VA 22134-5103.” Categories of Records in the System: Delete entry and replace with “DD Form 2698, Application for Transitional Compensation; payment schedule; case processing record; direct-deposit form; annual certification form; acknowledgment of actions form; and correspondence to and from the Defense Finance and Accounting Service (DFAS).” Authority for Maintenance of the System: Delete entry and replace with “10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; 10 U.S.C. Sections 801-940, 860(c), 1059, 1077, and 1408(b); 38 U.S.C. 1311 and 1313; DoD Instruction 1342.24, Transitional Compensation for Abused Dependents and E.O. 9397 (SSN).” Storage: Delete entry and replace with “Paper records and networked databases.” Safeguards: Delete entry and replace with “Password controlled system, file, and element access based on predefined need-to-know. Physical access to terminals, terminal rooms, buildings and activities' grounds are controlled by locked terminals and rooms, guards, personnel screening or visitor registers.” Retention and Disposal: Delete entry and replace with “Records are retained for three years and then destroyed.” System Manager(s) and Address: Delete entry and replace with “Commander, Navy Installations Command (N911B), Detachment Millington, Building 457, 5720 Integrity Drive, Millington, TN 38055-6500. Commandant of the Marine Corps, Headquarters, United States Marine Corps, Manpower and Reserve Affairs (MR), Prevention and Intervention Counseling Services (MRRO), 3280 Russell Road, Quantico, VA 22134-5103.” Notification Procedure: Delete entry and replace with “Navy: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Commander, Navy Installations Command (N911B), Detachment Millington, Building 457, 5720 Integrity Drive, Millington, TN 38055-6500. Marine Corps: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to Headquarters, U.S. Marine Corps ARAD, FOIA/PA USMC, 2 Navy Annex, Room 3134, Washington, DC 20380-1775. Requests should contain full name, Social Security Number
(SSN)of the individual and be signed.” Record Access Procedures: Delete entry and replace with “Navy: Individuals seeking access to records about themselves contained in this system of records should address written inquiries to the Commander, Navy Installations Command (N911B), Detachment Millington, Building 457, 5720 Integrity Drive, Millington, TN 38055-6500. Marine Corps: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to Headquarters, U.S. Marine Corps ARAD, FOIA/PA USMC, 2 Navy Annex, Room 3134, Washington, DC 20380-1775. Requests should contain full name, Social Security Number
(SSN)of the individual and be signed.” Record Source Categories: Delete entry and replace with “Individual and military personnel record file.” NM01752-2 System Name: DON Transitional Compensation for Abused Dependents. System Location: Commander, Navy Installations Command (N911B), Detachment Millington, Building 457, 5720 Integrity Drive, Millington, TN 38055-6500. Commandant of the Marine Corps, Headquarters, United States Marine Corps, Manpower and Reserve Affairs (MR), Prevention and Intervention Counseling Services (MRRO), 3280 Russell Road, Quantico, VA 22134-5103. Categories of Individuals Covered by the System: Abused dependents who received transitional compensation. Categories of Records in the System: DD Form 2698, Application for Transitional Compensation; payment schedule; case processing record; direct-deposit form; annual certification form; acknowledgment of actions form; and correspondence to and from the Defense Finance and Accounting Service (DFAS). Authority for Maintenance of the System: 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; 10 U.S.C. Sections 801-940, 860(c), 1059, 1077, and 1408(b); 38 U.S.C. 1311 and 1313; DoD Instruction 1342.24, Transitional Compensation for Abused Dependents and E.O. 9397 (SSN). Purpose(s): To coordinate requests for transitional compensation, to approve requests and forward them to DFAS, and to notify DFAS of any action that affects payment of transitional compensation. Routine Uses of Records Maintained in the System, Including Categories of Users and the Purposes of Such Uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The “Blanket Routine Uses” that appear at the beginning of the Navy's compilation of systems of records notices also apply to this system. Policies and Practices for Storing, Retrieving, Accessing, Retaining, and Disposing of Records in the System: Storage: Paper records and networked databases. Retrievability: Name and Social Security Number. Safeguards: Password controlled system, file, and element access based on predefined need-to-know. Physical access to terminals, terminal rooms, buildings and activities' grounds are controlled by locked terminals and rooms, guards, personnel screening or visitor registers. Retention and disposal: Records are retained for three years and then destroyed. System Manager(s) and Address: Commander, Navy Installations Command (N911B), Detachment Millington, Building 457, 5720 Integrity Drive, Millington, TN 38055-6500. Commandant of the Marine Corps, Headquarters, United States Marine Corps, Manpower and Reserve Affairs (MR), Prevention and Intervention Counseling Services (MRRO), 3280 Russell Road, Quantico, VA 22134-5103. Notification Procedure: Navy: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Commander, Navy Installations Command (N911B), Detachment Millington, Building 457, 5720 Integrity Drive, Millington, TN 38055-6500. Marine Corps: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to Headquarters, U.S. Marine Corps ARAD, FOIA/PA USMC, 2 Navy Annex, Room 3134, Washington, DC 20380-1775. Requests should contain full name, Social Security Number
(SSN)of the individual and be signed. Record Access Procedures: Navy: Individuals seeking access to records about themselves contained in this system of records should address written inquiries to the Commander, Navy Installations Command (N911B), Detachment Millington, Building 457, 5720 Integrity Drive, Millington, TN 38055-6500. Marine Corps: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to Headquarters, U.S. Marine Corps ARAD, FOIA/PA USMC, 2 Navy Annex, Room 3134, Washington, DC 20380-1775. Requests should contain full name, Social Security Number
(SSN)of the individual and be signed. Contesting Record Procedures: The Navy's rules for accessing records and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5, 32 CFR part 701; or may be obtained from the system manager. Record Source Categories: Individual and military personnel record file. Exemptions Claimed for the System: None. [FR Doc. E8-9391 Filed 4-29-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [Docket ID: USN-2008-0037] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Navy is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on May 30, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at
(202)685-6545. SUPPLEMENTARY INFORMATION: The Department of the Navy systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: April 24, 2008. Patricia Toppings, OSD Federal Register Liaison Officer, Department of Defense. N04066-4 System name: Navy Lodge Records. Changes: Authority for maintenance of the system: Delete entry and replace with “10 U.S.C. 5013, Secretary of the Navy and E.O. 9397 (SSN).” Purpose(s): Delete “insure” and replace with “ensure”. At end of entry add “The SSN is required to query the Defense Manpower Data Center's database to determine an individual's eligibility to stay in a Navy Lodge.” System manager(s) and address: Delete paragraph 2 and replace with “Record Holder: Director, Navy Lodge Program, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Individual record holders within the central system may be contacted through the Director, Navy Lodge Program.” Notification procedure: Delete entry and replace with “Individuals seeking to determine whether this system of records contains information about themselves should address written and signed inquiries to the Commander, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. In the initial inquiry the requester must provide full name, Social Security Number, and location of the last Navy Lodge where they had dealings. A list of other offices the requester may visit will be provided after initial contact is made with the office listed above. At the time of a personal visit, requesters must provide proof of identity containing the requester's signature.” Record access procedures: Delete entry and replace with “Individuals seeking access to records should address written and signed inquiries to the Commander, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Requesters must provide full name, Social Security Number, and location of the last Navy Lodge where they had dealings. A list of other offices the requester may visit will be provided after initial contact is made with the office listed above. At the time of a personal visit, requesters must provide proof of identity containing the requester's signature.” Record source categories: Delete entry and replace with “Individual and Navy Lodge records.” N04066-4 System name: Navy Lodge Records. System location: Navy Exchange System Worldwide. Coordinator for System: Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Categories of individuals covered by the system: Patrons and guests authorized lodging at a Navy Exchange Navy Lodge. Categories of records in the system: Reservation request; guest registration card; Navy Lodge guest folio. Authority for maintenance of the system: 10 U.S.C. 5013, Secretary of the Navy and E.O. 9397 (SSN). Purpose(s): To keep a record of reservations to ensure orderly room assignment and avoid improper booking; to record registration and payment of accounts; to verify proper usage by eligible patrons; cash control; to gather occupancy data; to determine occupancy breakdown; and to account for rentals and furnishings. The SSN is required to query the Defense Manpower Data Center's database to determine an individual's eligibility to stay in a Navy Lodge. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The “Blanket Routine Uses” that appear at the beginning of the Navy's compilation of systems notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: The media in which these records are maintained vary, but include: Folio card; ledger; guest registration cards; and local copies and reports of central system reports. Retrievability: Name and Social Security Number. Safeguards: Records are maintained in supervised locked files. Retention and disposal: Records are kept for two years and then destroyed. System manager(s) and address: Policy Official: Commander, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Record Holder: Director, Navy Lodge Program, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Individual record holders within the central system may be contacted through the Director, Navy Lodge Program. Notification procedure: Individuals seeking to determine whether this system of records contains information about themselves should address written and signed inquiries to the Commander, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. In the initial inquiry the requester must provide full name, Social Security Number, and location of the last Navy Lodge where they had dealings. A list of other offices the requester may visit will be provided after initial contact is made with the office listed above. At the time of a personal visit, requesters must provide proof of identity containing the requester's signature. Record access procedures: Individuals seeking access to records should address written and signed inquiries to the Commander, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Requesters must provide full name, Social Security Number, and location of the last Navy Lodge where they had dealings. A list of other offices the requester may visit will be provided after initial contact is made with the office listed above. At the time of a personal visit, requesters must provide proof of identity containing the requester's signature. Contesting record procedures: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. Record source categories: Individual and Navy Lodge records. Exemptions claimed for the system: None. [FR Doc. E8-9393 Filed 4-29-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [Docket ID: USN-2008-0036] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Navy is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on May 30, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at
(202)685-6545. SUPPLEMENTARY INFORMATION: The Department of the Navy systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: April 24, 2008. Patricia Toppings, OSD Federal Register Liaison Officer, Department of Defense. N04060-1 System name: Navy and Marine Corps Exchange Sales Control and Security Files (September 20, 1993, 58 FR 48852). Changes: System Identification: Change “N04060-1” to read “NM04060-1”. System location: Delete entry and replace with “Organizational elements of the Department of the Navy. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.”* Authority for maintenance of the system: Delete entry and replace with “10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; and E.O. 9397 (SSN).” Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Delete entry and replace with “Paper, microfiche, and automated records/computerized database.” Safeguards: Delete entry and replace with “Password controlled system, file, and element access based on predefined need-to-know. Physical access to terminals, terminal rooms, buildings and activities' grounds are controlled by locked terminals and rooms, guards, personnel screening and visitor registers.” System manager(s) and address: Delete entry and replace with “Policy Official: Commander, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Record Holder: Commanding Officer of the activity in question. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.”* Notification procedure: Delete entry and replace with “Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the commanding officer of the naval activity in question. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* The request should be signed and include the individual's name and social security number.” Record access procedures: Delete entry and replace with “Individuals seeking access to records about themselves should address written inquiries to the commanding officer of the naval activity in question. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* The request should be signed and include the individual's name and Social Security Number.” NM04060-1 System name: Navy and Marine Corps Exchange Sales Control and Security Files. System location: Organizational elements of the Department of the Navy. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* Categories of individuals covered by the system: Customers and employees at Navy and Marine Corps Exchanges, including individuals making large dollar volume purchases and contract purchases; individuals having requested adjustments or made claims; individuals having previously passed bad checks or been apprehended for shoplifting. Categories of records in the system: Sales and contract records; lists, logs, or card records of individuals; claims and adjustment records; large volume purchase records; mail orders; customer special order records; customer list; correspondence; and abuser notification letters. Records of complaints and investigations of regulatory and criminal violations. Authority for maintenance of the system: 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; and E.O. 9397 (SSN). Purpose(s): To control sales, prevent and detect abuse of privileges, and determine responsibility when there are violations of regulations or criminal statutes. Information may be furnished to the Naval Criminal Investigative Service or command legal personnel for prosecution of military offenses and other administrative actions. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: To the Federal Bureau of Investigation or foreign organizations for further investigation or prosecution. The ‘Blanket Routine Uses’ that appear at the beginning of the Navy's compilation of systems notices also apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper, microfiche, and automated records/computerized database. Retrievability: Name and Social Security Number (SSN). Safeguards: Password controlled system, file, and element access based on predefined need-to-know. Physical access to terminals, terminal rooms, buildings and activities' grounds are controlled by locked terminals and rooms, guards, personnel screening and visitor registers. Retention and disposal: Records are retained for six years and then destroyed. System manager(s) and address: Policy Official: Commander, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724. Record Holder: Commanding Officer of the activity in question. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* Notification procedure: Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the commanding officer of the naval activity in question. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* The request should be signed and include the individual's name and Social Security Number (SSN). Record access procedures: Individuals seeking access to records about themselves should address written inquiries to the commanding officer of the naval activity in question. Official mailing addresses are published in the Standard Navy Distribution List that is available at *http://doni.daps.dla.mil/sndl.aspx.* The request should be signed and include the individual's name and Social Security Number (SSN). Contesting record procedures: The Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. Record source categories: Individual, investigators, witnesses, activity sales, and contract records. Exemptions claimed for the system: Investigative material compiled for law enforcement purposes may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source. An exemption rule for this system has been promulgated in accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3),
(c)and
(e)and published in 32 CFR part 701, subpart G. For additional information, contact the system manager. [FR Doc. E8-9394 Filed 4-29-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before June 30, 2008. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, *e.g.* new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues:
(1)Is this collection necessary to the proper functions of the Department;
(2)will this information be processed and used in a timely manner;
(3)is the estimate of burden accurate;
(4)how might the Department enhance the quality, utility, and clarity of the information to be collected; and
(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: April 24, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Office of Elementary and Secondary Education *Type of Review:* Extension. *Title:* Impact Aid Program Application for Section 8002 Assistance. *Frequency:* Annually. *Affected Public:* State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 500. *Burden Hours:* 500 *Abstract:* The U.S. Department of Education is requesting approval for the Application for Assistance under Section 8002 of Title VIII of the Elementary and Secondary Education Act
(ESEA)as amended by No Child Left Behind (NCLB). This application is otherwise known as Impact Aid Payments for Federal Property. Local Educational Agencies
(LEAs)that have lost taxable property due to Federal activities use this form to request financial assistance. Regulations for the Impact Aid Program are found at 34 CFR 222. This application previously included a separate application for Section 8003, another distinct formula grant that requires different data from applicant LEAs. To facilitate more efficient clearance processes for both applications this year and in future years, the Department is separating these two applications into two paperwork approval packages. The Section 8003 application is being submitted under the OMB 1810-NEW number. The statute and regulations for this program require a variety of Section 8002 data from applicants annually to determine eligibility for the grants and the amount of grant payment under the statutory formula. The least burdensome method of collecting this required information is for each applicant to submit these data through a web-based electronic application hosted on the Department of Education's e-Grants Web site. Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 3675. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E8-9422 Filed 4-29-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before May 30, 2008. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, Washington, DC 20503. Commenters are encouraged to submit responses electronically by e-mail to *oira_submission@omb.eop.gov* or via fax to
(202)395-6974. Commenters should include the following subject line in their response “Comment: [insert OMB number], [insert abbreviated collection name, e.g., “Upward Bound Evaluation”].” Persons submitting comments electronically should not submit paper copies. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: April 24, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Office of Special Education and Rehabilitative Services *Type of Review:* Revision. *Title:* Annual Progress Report for the Title III Alternative Financing Program Under the Assistive Technology Act of 1998. *Frequency:* On occasion; annually. *Affected Public:* Not-for-profit institutions; Federal Government; State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 33. *Burden Hours:* 974. *Abstract:* Title III of the Assistive Technology Act of 1998 as in effect prior to the amendments of 2004 (Pub. L. 105-394) (AT Act of 1998) authorized grants to public agencies to support the establishment and maintenance of alternative financing programs
(AFPs)that feature one or more alternative financing mechanisms to enable individuals with disabilities and their family members, guardians, advocates, and authorized representatives to purchase assistive technology (AT). Section 307 of Title III requires that the Rehabilitative Services Administration
(RSA)submit to Congress an annual report on the activities conducted under that title. In order to meet this requirement, states must provide annual progress reports to RSA. This annual report is a Web-based data collection system developed based upon the instrument submitted for review herein. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3627. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov* . Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E8-9423 Filed 4-29-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before June 30, 2008. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues:
(1)Is this collection necessary to the proper functions of the Department;
(2)will this information be processed and used in a timely manner;
(3)is the estimate of burden accurate;
(4)how might the Department enhance the quality, utility, and clarity of the information to be collected; and
(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: April 24, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Federal Student Aid *Type of Review:* Extension. *Title:* Experimental Sites Initiative—Data Collection Instrument. *Frequency:* Annually. *Affected Public:* Not-for-profit institutions; Federal Government. *Reporting and Recordkeeping Hour Burden:* *Responses:* 109. *Burden Hours:* 1,650. *Abstract:* This data collection instrument will be used to collect specific information/performance data for the analysis of eight experiments. This effort will assist ED/Federal Student Aid in obtaining and compiling information to help determine change in the administration and delivery of Title IV programs. The experiments cover major financial aid processes. Institutions are given the flexibility to test different procedures to carry out the intent of regulations, whereby the Department can analyze the data and obtain information for Title IV regulatory and legislative changes. Thus, the Department needs this information in its on-going initiative to improve the financial aid delivery services to students and the postsecondary institutions they attend. Additionally, working with Congress, the Department can use this data to make informed decisions for future reauthorization. Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3674. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov* . Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E8-9424 Filed 4-29-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests; Comment Request AGENCY: Department of Education. ACTION: Correction Notice. SUMMARY: On February 12, 2008, the Department of Education published a comment period notice in the **Federal Register** (Page 8037, Column 1) for the information collection, “Binational Migrant Education Program
(BMEP)State MEP Director Survey”. The title is hereby corrected to “Survey on Key Demographics and Needs of the Binational Migratory Children” and the Type of Review is corrected to New. The IC Clearance Official, Regulatory Information Management Services, Office of Management, hereby issues a correction notice as required by the Paperwork Reduction Act of 1995. Dated: April 24, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. [FR Doc. E8-9442 Filed 4-29-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Proposed Agency Information Collection AGENCY: Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy. ACTION: Submission for Office of Management and Budget
(OMB)review; notice and request for comments. SUMMARY: The Department of Energy
(DOE)has submitted an information collection package to OMB for review under the provisions of the Paperwork Reduction Act of 1995. The package requests approval of the information collection described in this notice. Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. DATES: Comments regarding this proposed information collection must be received on or before May 30, 2008. If you anticipate difficulty in submitting comments within the period of time allowed by this notice, please advise the OMB Desk Officer of your intention to make a submission as soon as possible. The Desk Officer may be telephoned at 202-395-4650. ADDRESSES: Comments may be sent to: DOE Desk Officer, Office of Management and Budget, New Executive Office Building, Room 10102, 735 17th Street, NW., Washington, DC 20503, and to: Ms. Christy Cooper, Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy, EE-2H, 1000 Independence Avenue, SW., Washington, DC 20585, by phone at 202-586-1885, fax at 202-586-9811, or e-mail at *christy.cooper@ee.doe.gov.* FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Ms. Christy Cooper using the contact information listed above. SUPPLEMENTARY INFORMATION: The information collection package listed in this notice for public comment include the following:
(1)*OMB No.:* New.
(2)*Package Title:* Hydrogen and Fuel Cells Knowledge and Opinions Survey of Safety and Code Officials.
(3)*Type of Review:* New collection.
(4)*Purpose:* The Knowledge and Opinions Survey of Safety and Codes Officials will measure the levels of awareness and understanding of hydrogen and fuel cell technologies within this population. Information gathered in this assessment will assist DOE's Hydrogen Education Program in formulating an overall education plan for hydrogen technologies. Changes in knowledge levels will be determined when, after three years, the population will be surveyed again using the same survey instrument and methodology.
(5)*Respondents:* Interviews with 200 total officials will be conducted using computer-assisted telephone interview technology. Lists of persons responsible for safety and codes will be compiled from the following universe: agencies responsible for developing codes related to hydrogen and fuel cell technologies, including members of the International Code Council and the National Fire Protection Association; and safety officials responsible for adopting, enacting, and/or enforcing codes related to buildings and fire safety, including members of the National Association of State Fire Marshals, who are responsible for fire prevention, and the International Association of Fire Chiefs, who are responsible for fire protection.
(6)*Estimated Number of Burden Hours:* 40 hours (12 minutes per interview times 200 respondents). Statutory Authority: Department of Energy Organization Act, Public Law 95-91. Issued in Washington, DC, on April 22, 2008. John Mizroch, Principal Deputy Assistant Secretary, Energy Efficiency and Renewable Energy. [FR Doc. E8-9468 Filed 4-29-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-151-000] Stingray Pipeline Company, L.L.C.; Notice of Application April 23, 2008. Take notice that on April 14, 2008, Stingray Pipeline Company, L.L.C. (Stingray), 1100 Louisiana, Suite 3300, Houston, Texas 77002, filed in Docket No. CP08-151-000, an application under section 7 of the Natural Gas Act
(NGA)and Part 157 of the Federal Energy Regulatory Commission's (Commission) regulations for a certificate of public convenience and necessity authorizing the abandonment of eight compressor units at Stingray Compressor Stations 701 and 702. Stingray's proposal is more fully described as set forth in the application that is on file with the Commission and open to public inspection. The instant filing may be also viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call
(866)208-3676 or TTY,
(202)502-8659. Any questions regarding the application should be directed to: Cynthia A. Corcoran, Vice President—Regulatory Affairs, Stingray Pipeline Company, L.L.C., 1100 Louisiana, Suite 3300, Houston, Texas 77002 at
(713)821-2265 or by fax at
(713)353-1742. Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment
(EA)and place it into the Commission's public record (eLibrary) for this proceeding, or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement
(FEIS)or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the below listed comment date, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. Motions to intervene, protests and comments may be filed electronically via the Internet in lieu of paper; see, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Comment Date: May 14, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-9435 Filed 4-29-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL08-58-000] Pepco Energy Services, Inc., Complainant, v. PJM Interconnection, L.L.C., Respondent; Notice of Complaint April 23, 2008. Take notice that on April 22, 2008, Pepco Energy Services, Inc.
(PES)filed a formal complaint against PJM Interconnection, L.L.C.
(PJM)pursuant to section 206 of the Federal Power Act, and Rule 206 of the Federal Energy Regulatory Commission's Rules of Practice and Procedure, 18 CFR 385.206, alleging that provisions of PJM's Open Access Transmission Tariff as related to the rules governing the Peak-Hour-Period Availability Charge for infrequently-run generation resources under PJM's Reliability Pricing Model are unjust, unreasonable and unduly discriminatory. PES certifies that copies of the complaint were served on the contacts for PJM as listed on the Commission's list of Corporate Officials. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please 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 13, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-9434 Filed 4-29-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL08-55-000] PJM Interconnection, L.L.C.; Notice of Filing April 23, 2008. Take notice that on April 15, 2008, PJM Interconnection, L.L.C. filed a Petition for Declaratory Order requesting the Commission to resolve uncertainty regarding the processing of currently pending interconnection requests and resulting cost allocation determinations arising from reversals of previously announced retirements, pursuant to Rule 207, 18 CFR 385.207(a)(2) (2008). Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email 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 15, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-9433 Filed 4-29-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. QM08-4-001] Virginia Electric and Power Company; Notice of Filing April 23, 2008. Take notice that on April 22, 2008, Virginia Electric and Power Company filed a material amendment to its March 10, 2008, Application to Terminate Purchase Obligation. The amendment is titled a motion for leave to file answer and answer to Smurfit Stone Container Corporation's motion to intervene, limited protest and comments. The amendment includes the net capacity of the potentially-affected qualifying facilities. This information was missing from the initial application. Because the filing constitutes a material amendment to the March 10, 2008, application filed by Virginia Electric and Power Company, the 90-day period within which the Commission must act on this application begins on the date of the amended filing. The Commission will act on the application on or before July 21, 2008, unless the application is again materially amended. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on May 20, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-9432 Filed 4-29-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Meeting, Notice of Vote, Explanation of Action Closing Meeting and List of Persons to Attend April 25, 2008. The following notice of meeting is published pursuant to Section 3(a) of the Government in the Sunshine Act (Pub. L. No. 94-409), 5 U.S.C. 552b: Agency Holding Meeting: Federal Energy Regulatory Commission. Date and Time: May 2, 2008, 9:30 a.m. Place: Room 2C, Commission Meeting Room, 888 First Street, NE., Washington, DC 20426. Status: Closed. Matters To Be Considered: Non-public investigations and inquiries, enforcement related matters. Contact Person for More Information: Kimberly D. Bose, Secretary, Telephone
(202)502-8400. Chairman Kelliher and Commissioners Kelly, Spitzer, Moeller, and Wellinghoff voted to hold a closed meeting on May 2, 2008. The certification of the General Counsel explaining the action closing the meeting is available for public inspection in the Commission's Public Reference Room at 888 First Street, NE., Washington, DC 20426. The Chairman and the Commissioners, their assistants, the Commission's Secretary, the General Counsel and members of her staff, and a stenographer are expected to attend the meeting. Other staff members from the Commission's program offices who will advise the Commissioners in the matters discussed will also be present. Kimberly D. Bose, Secretary. [FR Doc. E8-9437 Filed 4-29-08; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8559-8] Science Advisory Board Staff Office; Notification of an Upcoming Closed Meeting of the Science Advisory Board's Scientific and Technological Achievement Awards Committee AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: The U.S. Environmental Protection Agency's (EPA), Science Advisory Board
(SAB)Staff Office announces a closed meeting of the SAB's Scientific and Technological Achievement Awards
(STAA)Committee to recommend to the Administrator the recipients of the Agency's 2008 Scientific and Technological Achievement Awards. DATES: The meeting dates are Wednesday and Thursday, July 9 and 10, 2008 from 9 a.m. to 5 p.m. and Friday, July 11, 2008, from 8:30 a.m. to 1 p.m. (eastern standard time). ADDRESSES: The closed meeting will be held at the U. S. EPA Science Advisory Board Staff Office Conference Room, Third Floor, Suite 3700, 1025 F Street, NW., Washington, DC 20004. FOR FURTHER INFORMATION CONTACT: Members of the public who wish to obtain further information regarding this announcement may contact Ms. Vivian Turner, Designated Federal Officer, by telephone:
(202)343-9697 or e-mail at: * turner.vivian@epa.gov* . The SAB Mailing address is: U.S. EPA Science Advisory Board (1400F), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave, NW., Washington, DC 20460. General information about the SAB as well as any updates concerning the meeting announced in this notice may be found in the SAB Web site at: *http://www.epa.gov/sab* . SUPPLEMENTARY INFORMATION: *Summary:* Pursuant to Section 10(d) of the Federal Advisory Committee Act (FACA), 5 U.S.C. App.2, and section (c)(6) of the Government in the Sunshine Act, 5 U.S.C. 552b(c)(6) EPA has determined that the meeting will be closed to the public. The purpose of the meeting is for the SAB to recommend to the Administrator the recipients of the Agency's 2008 Scientific and Technological Achievement Awards. These awards are established to honor and recognize EPA employees who have made outstanding contributions in the advancement of science and technology through their research and development activities, as exhibited in publication of their results in peer reviewed journals. This meeting is closed to the public because it is concerned with selecting which employees are deserving of awards, a personnel matter with privacy concerns, which is exempt from public disclosure pursuant to section 10(d) of the Federal Advisory Committee Act (FACA), 5 U.S.C. App.2, and section (c)(6) of the Government in the Sunshine Act, 5 U.S.C. 552b(c)(6). In accordance with the provisions of the Federal Advisory Committee Act, minutes of the meeting will be kept for Agency and Congressional review. Dated: April 16, 2008. Stephen L. Johnson, Administrator. [FR Doc. E8-9480 Filed 4-29-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2008-0263; FRL-8363-5] Fenvalerate; Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of requests by the registrants to voluntarily cancel the registrations for all of their products containing 4-chloro-alpha-(1-methylethyl)benzeneacetic acid, cyano(3-phenoxyphenyl)methyl ester (fenvalerate). The requests would terminate the last fenvalerate products registered for use in the United States. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw their requests within this period. Upon acceptance of these requests, any sale, distribution, or use of products listed in this notice will be permitted only if such sale, distribution, or use is consistent with the terms as described in the final order. DATES: Comments must be received on or before May 30, 2008. ADDRESSES: Submit your comments, identified by docket identification
(ID)number EPA-HQ-OPP-2008-0263, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs
(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is
(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2008-0263. 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. *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, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is
(703)305-5805. FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)308-8025; fax number:
(703)308-8005; e-mail address: *livingston.wilhelmena @epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the 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 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 on the Receipt of Requests to Cancel Registrations This notice announces receipt by EPA of requests from Waterbury Companies, Inc., Contact Industries, The Scotts Company, Phaeton Corporation, and Amrep Inc. to cancel 16 product registrations. Fenvalerate is a synthetic pyrethroid insecticide which is used to control insects and related organisms, mollusks, fouling organisms and miscellaneous invertebrates on agricultural, pet care, domestic home and garden (domestic), and commercial/industrial/food and non-food/mosquito abatement (commercial) sites. In letters dated August 29, 2007 through April 2, 2008, Waterbury Companies, Inc., Contact Industries, The Scotts Company, Phaeton Corporation, and Amrep, Inc. requested EPA to cancel affected product registrations of pesticide product registrations identified in this notice in Table 1. Specifically, the registrant's requests to cancel their product registrations to reflect the cancellation order issued on August 5, 2004 (69 FR 47437) (FRL-7369-9), as requested by the technical registrants, Sumitomo Chemical Company, Limited and Bayer Environmental Science and approved by the Agency to cancel the registrations for all of their product containing fenvalerate. The action on the registrant's requests will terminate the last fenvalerate products registered in the United States. In a letter dated August 1, 2007, another registrant, Wellmark International, submitted a request to EPA to voluntary cancel their product registrations containing fenvalerate. The notice of receipt of request for their product registrations was published in a **Federal Register Notice** on December 19, 2007 (72 FR 71898) (FRL-8343-9). III. What Action is the Agency Taking? This notice announces receipt by EPA of requests from registrants to cancel fenvalerate product registrations. The affected products and the registrants making the requests are identified in Tables 1 and 2 of this unit. Under section 6(f)(1)(A) of FIFRA, registrants may request, at any time, that their pesticide registrations be canceled or amended to terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA requires that before acting on a request for voluntary cancellation, EPA must provide a 30-day public comment period on the request for voluntary cancellation or use termination. In addition, section 6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period on a request for voluntary cancellation or termination of any minor agricultural use before granting the request, unless: 1. The registrants request a waiver of the comment period, or 2. The Administrator determines that continued use of the pesticide would pose an unreasonable adverse effect on the environment. The fenvalerate registrants have requested that EPA waive the 180-day comment period. EPA will provide a 30-day comment period on the proposed requests. Unless a request is withdrawn by a registrant within 30 days of publication of this notice, or if the Agency determines that there are substantive comments that warrant further review of this request, an order will be issued canceling the affected registrations. **Table 1.—Fenvalerate Product Registrations with Pending Requests for Cancellation** Registration Number Product Name Company 538-166 Scotts House Plant Insect Spray The Scotts Company 538-173 Chinch Bug Control The Scotts Company 9444-120 Total Release Fogger Waterbury Companies, Inc. 10806-61 Contact Roach and Ant Killer VI Contact Industries 10806-73 Contact Lawn Spray Concentrate for Fleas Contact Industries 10806-74 Contact Lawn Spray Concentrate for Fleas II Contact Industries 10806-87 Contact Roach and Ant Killer IX Contact Industries 10806-93 Contact Ornamental Gypsy Moth and Japanese Beetle Spray Contact Industries 10806-94 Contact Roach and Ant Killer XI Contact Industries 10807-150 Misty Fire Ant Injector Amrep, Inc. 28293-151 Unicorn Flea and Tick Lawn Spray No.1 Phaeton Corporation 28293-159 Unicorn RTU Home and Premise Spray Phaeton Corporation 28293-162 Unicorn Zap Insecticide Phaeton Corporation 28293-163 Unicorn Flush-Out Spray Phaeton Corporation 28293-164 Unicorn Household Insecticide II Phaeton Corporation 28293-217 Unicorn Residual Spray #4 Phaeton Corporation Table 2 of this unit includes the names and addresses of record for the registrants of the products listed in Table 1 of this unit. **Table 2 —Registrants Requesting Voluntary Cancellation** EPA Company Number Company Name and Address 538 The Scotts Company 14111 Scottslawn Road Marysville, Ohio 43041 9444 Waterbury Companies, Inc. 64 Avenue of Industry Waterbury, Connecticut 06705 10806 Contact Industries 641 Dowd Avenue Elizabeth, NJ 07201 10807 Amrep, Inc. 990 Industrial Park Drive Marietta, Georgia 30062 28293 Phaeton Corporation P.O. Box 290 Madison, Georgia 30650 IV. What is the Agency's Authority for Taking this Action? Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the **Federal Register** . Thereafter, following the public comment period, the Administrator may approve such a request. V. Procedures for Withdrawal of Request and Considerations for Reregistration of Fenvalerate Registrants who choose to withdraw a request for cancellation must submit such withdrawal in writing to the person listed under FOR FURTHER INFORMATION CONTACT , postmarked May 30, 2008. This written withdrawal of the request for cancellation will apply only to the applicable FIFRA section 6(f)(1) request listed in this notice. If the products have been subject to a previous cancellation action, the effective date of cancellation and all other provisions of any earlier cancellation action are controlling. VI. Provisions for Disposition of Existing Stocks Existing stocks are those stocks of registered pesticide products which are currently in the United States and which were packaged, labeled, and released for shipment prior to the effective date of the cancellation action. In any order issued in response to the request for cancellation of product registrations, EPA proposes to include the following provisions for the treatment of any existing stocks of the products identified or referenced in Table 1 of Unit III.: Registrants may sell and distribute existing stocks for 1 year from the date of the use termination request. The products may be sold, distributed, and used by people other than the registrant until existing stocks have been exhausted, provided that such sale, distribution, and use complies with the EPA-approved label and labeling of the product. If the request for voluntary cancellation is granted, the Agency intends to publish the cancellation order in the **Federal Register** . List of Subjects Environmental protection, Pesticides and pests. Dated: April 24, 2008. Steven Bradbury, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E8-9511 Filed 4-29-08; 8:45 a.m.] BILLING CODE 6560-50-S FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget April 23, 2008. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act
(PRA)of 1995, 44 U.S.C. 3501—3520. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act
(PRA)that does not display a valid control number. Comments are requested concerning
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;
(b)the accuracy of the Commission's burden estimate;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written Paperwork Reduction Act
(PRA)comments should be submitted on or before May 30, 2008. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget,
(202)395-5887, or via fax at 202-395-5167 or via internet at *Nicholas_A._Fraser@omb.eop.gov* and to *Judith-B. Herman@fcc.gov,* Federal Communications Commission, or an e-mail to *PRA@fcc.gov.* To view a copy of this information collection request
(ICR)submitted to OMB:
(1)Go to the Web page *http://reginfo.gov/public/do/PRAMain,*
(2)look for the section of the Web page called “Currently Under Review”,
(3)click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading,
(4)select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box,
(5)click the “Submit” button to the right of the “Select Agency” box, and
(6)when the list of FCC ICRs currently under review appears, look for the title of this ICR (or its OMB Control Number, if there is one) and then click on the ICR Reference Number to view detailed information about this ICR. FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s), contact Judith B. Herman at 202-418-0214 or via the Internet at *Judith-B.Herman@fcc.gov.* SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-0795. *Title:* Associate WTB and/or PSHSB Call Signs and Antenna Structure Registration Numbers with Licensee's FRN. *Form No.:* FCC Form 606. *Type of Review:* Extension of a currently approved collection. *Respondents:* Individuals or households, business or other for-profit, not-for-profit institutions, and state, local or tribal government. *Number of Respondents:* 429,000 respondents; 429,000 responses. *Estimated Time per Response:* 1 hour. *Frequency of Response:* On occasion reporting requirement and third party disclosure requirement. *Obligation to Respond:* Required to obtain or retain benefits. *Total Annual Burden:* 429,000 hours. *Total Annual Cost:* N/A. *Privacy Act Impact Assessment:* N/A. *Nature and Extent of Confidentiality:* No sensitive information is requested. As noted in paragraph one of the supporting statement (OMB document required for submission and approval of information collections), this information collection may affect individuals or households. Any personally identifiable information that is submitted to the Commission is covered by a System of Records Notice (SORN), WTB-1 “Wireless Services Licensing Records.” *Needs and Uses:* The Commission will submit this information collection
(IC)to the OMB as an extension (no change in the reporting or third party disclosure requirements) during this comment period to obtain the full three-year clearance from them. There is no change in the estimated burden hours. FCC Form 606 is used to associate a licensee's FCC Registration Number
(FRN)to licensee's Wireless Telecommunications Bureau and/or Public Safety and Homeland Security Bureau call signs and antenna registration numbers with the FCC and filed through the Commission's Universal Licensing System (ULS). The FCC previously adopted a rule requiring a mandatory FCC Registration Number (FRN). This requirement became effective 12/03/01, for all parties and entities doing business with the Commission who file applications with ULS or register towers via Antenna Structure Registration (ASR). As a result of the Commission Registration Number (CORES) and the implementation of the FRN, several important changes occurred for filers of ULS and ASR. This requirement was to facilitate compliance with the Debt Collection Improvement Act of 1996 (DCIA). The information collected in the application will be used to populate the Universal Licensing System
(ULS)for licensees and antenna structure registration owners who interact with ULS. This information will also be used to match records in the ULS database to the Collection System records to validate payment for application and Debt Collection Act purposes. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-9507 Filed 4-29-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget April 22, 2008. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act
(PRA)of 1995, 44 U.S.C. 3501-3520. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act
(PRA)that does not display a valid control number. Comments are requested concerning
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;
(b)the accuracy of the Commission's burden estimate;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written Paperwork Reduction Act
(PRA)comments should be submitted on or before June 30, 2008. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget,
(202)395-5887, or via fax at 202-395-5167 or via Internet at *Nicholas_A._Fraser@omb.eop.gov* and to *Judith-B.Herman@fcc.gov* , Federal Communications Commission, or an e-mail to *PRA@fcc.gov.* To view a copy of this information collection request
(ICR)submitted to OMB:
(1)Go to the Web page *http://www.reginfo.gov/public/do/PRAMain* ,
(2)look for the section of the Web page called “Currently Under Review”,
(3)click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading,
(4)select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box,
(5)click the “Submit” button to the right of the “Select Agency” box, and
(6)when the list of FCC ICRs currently under review appears, look for the title of this ICR (or its OMB Control Number, if there is one) and then click on the ICR Reference Number to view detailed information about this ICR. FOR FURTHER INFORMATION CONTACT: For additional information, contact Judith B. Herman at 202-418-0214 or via the Internet at *Judith-B.Herman@fcc.gov* . SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-1116. *Title:* Submarine Cable Reporting. *Form Nos.:* N/A. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit. *Number of Respondents:* 25 respondents; 50 responses. *Estimated Time Per Response:* 550 hours. *Frequency of Response:* On occasion and annual reporting requirements. *Obligation to Respond:* Voluntary. *Total Annual Burden:* 27,500 hours. *Total Annual Cost:* N/A. *Privacy Act Impact Assessment:* N/A. *Nature and Extent of Confidentiality:* Information provided pursuant to this request will be viewed as presumptively confidential upon submission because the information would reflect reports on weaknesses in or damage to national communications infrastructure, and the release of this sensitive information to the public could potentially facilitate terrorist targeting of critical infrastructure and key resources. The submissions also may contain internal confidential information that constitutes trade secrets and commercial/financial information that the respondent does not routinely make public and public release of the submitted information could cause competitive harm by revealing information about the types and deployment of cable equipment and the traffic that flows across the system. *Needs and Uses:* The Commission received emergency OMB approval for this information collection on April 16, 2008. Emergency OMB approval is only granted for six months. Therefore, Commission will submit this information collection to the OMB after this 60 day comment period as an extension (no change in reporting requirements) to obtain the full three-year clearance from them. There is no change in the estimated burden. The Commission is requesting that current submarine cable landing licensees voluntarily provide information regarding the system status and service restoration activities for the submarine cable systems and cable landing stations and information about the physical location, assets, and restoration plans for the submarine cable systems. There are currently 50 authorized submarine cable systems, many having multiple entities on the cable landing license. (There are four pending cable landing license applications, and we anticipate conditioning grant of those licenses on compliance with this information request.) The Commission expects to request this information from approximately 25 different entities because, in many cases, the same entity is a licensee for more than one submarine cable system. We planned on contacting the cable landing licensees as soon as we received emergency OMB approval for this information request, and will request that the licensees respond, at least on a preliminary basis, by May 1, 2008. This information is needed in order to support Federal government national security and emergency preparedness communications programs, for the purpose of providing situational awareness of submarine cable system performance as well as a greater understanding of potential physical threats to the submarine cable systems. The Commission has been working with the Assistant Director for National Security and Emergency Preparedness, at the Office of Science and Technology Policy
(OSTP)on this collection on behalf of other Executive Branch agencies, at the direction of the President. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-9514 Filed 4-29-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL MARITIME COMMISSION Notice of Agreements Filed The Commission hereby gives notice of the filing of the following agreements 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.:* 012041. *Title:* “K” Line/YML/HJS ECSA Space Charter Agreement. *Parties:* Hanjin Shipping Co., Ltd.; Kawasaki Kisen Kaisha, Ltd. (K-Line); and Yang Ming Marine Transport Corp. *Filing Party:* John P. Meade, Esq.; “K” Line America, Inc.; PO Box 9; Preston, MD 21655. *Synopsis:* The agreement authorizes the parties to exchange space on their respective vessels in the trade between U.S. East Coast ports and ports in Argentina, Brazil, Paraguay, Uruguay and Venezuela. *Agreement No.:* 012042. *Title:* MOL/ELJSA Vessel Sharing Agreement. *Parties:* Evergreen Lines Joint Service Agreement and Mitsui O.S.K. Lines, Ltd. *Filing Party:* Robert B. Yoshitomi, Esq.; Nixon Peabody, LLP; Gas Company Tower; 555 West Fifth St, 46th Floor; Los Angeles, CA 90013. *Synopsis:* The agreement authorizes the parties to share vessel space between United States and Japan. *Agreement No.:* 201103-007. *Title:* Memorandum Agreement of the Pacific Maritime Association of December 14, 1983 Concerning Assessments to Pay ILWU-PMA Employee Benefit Costs, As Amended, Through April 16, 2008. *Parties:* Pacific Maritime Association and International Longshore and Warehouse Union. *Filing Party:* Harold E. Mesirow, Esq.; Troutman Sanders LLP; 401 9th Street, NW; Suite 1000; Washington, D.C. 20004-2134. *Synopsis:* The amendment adjusts the man-hour assessment rate formula under the agreement. Dated: April 25, 2008. By order of the Federal Maritime Commission. Karen V. Gregory, Assistant Secretary. [FR Doc. E8-9510 Filed 4-29-08; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Applicants Notice is hereby given that the following applicants have filed with the Federal Maritime Commission an application for license as a Non-Vessel Operating Common Carrier and Ocean Freight Forwarder—Ocean Transportation Intermediary pursuant to section 19 of the Shipping Act of 1984 as amended (46 U.S.C. Chapter 409 and 46 CFR part 515). Persons knowing of any reason why the following applicants should not receive a license are requested to contact the Office of Transportation Intermediaries, Federal Maritime Commission, Washington, DC 20573. Non-Vessel Operating Common Carrier Ocean Transportation Intermediary Applicants Martinez Cargo Express, Corp., 8026 Sunport Drive, Unit 301, 302, Orlando, FL 32809. Officers: Jose R. Martinez, President (Qualifying Individual), Martha J. Martinez, Vice President. ALT Intermodal Inc. dba Cebu International Logistics, 675 Hegenberger Road, #201, Oakland, CA 94621. Officer: Augusto Gualberto, Treasurer (Qualifying Individual). Great Lakes Container Line LLC, 881 Mercer Street, 3rd Floor, Atlanta, GA 30316. Officer: John H. Treatrail, President (Qualifying Individual). HS Global, Inc., 1161 Sandhill Ave., Carson, CA 90748. Officers: Nae S. Park, President (Qualifying Individual), Bo K. Cho, Director. Fargo Transportation Service Line, Inc., 317 S. Isis Ave., Ste. 105, Inglewood, CA 90301. Officers: Ruey Rong Cheng, Secretary (Qualifying Individual), Tsung L. Lin, CEO. Eagle Transport Services Inc., 20 W. Fairview Ave., Valley Stream, NY 11580. Officers: Gerald J. Donnelly, President (Qualifying Individual), Matthew J. Donnelly, Vice President. Non-Vessel Operating Common Carrier and Ocean Freight Forwarder Transportation Intermediary Applicants UEX Logistics Systems, Inc., 500 Ocean Ave., East Rockaway, NY 11518. Officers: Joseph Costanzo, President (Qualifying Individual), Steven Z. Zografakis, Secretary. International Shipping Group, LLC, 27800 Wick Road, Romulus, MI 48174. Officer: Farooq S. Khawaja, Member (Qualifying Individual). Global Freight International Inc., 440 McClellan Highway, East Boston, MA 02128. Officers: Bernard A. Wilcken, President (Qualifying Individual), Ian C. Wilcken, Clerk. Spectrum Trucking Inc. dba Spectrum Logistics, 100 Bell Tel Way, Jacksonville, FL 32216. Officers: John C. Emery, Jr., President (Qualifying Individual), Frank Peake, Vice President. Fr. Meyer's Sohn North America LLC, One First Avenue, Suite 100, W. Reading, PA 19611. Officer: Robert K. Bulack, President (Qualifying Individual). Hassell Free Shipping Inc., 4407 SW Martin Highway, Palm City, FL 34990. Officers: Vernon Hassell, President (Qualifying Individual), Glenda Hassell, Vice President. USA Ocean Express LLC dba USA-Ocean Express Agency, 220 Route 46 West, Ste. 214, Little Ferry, NJ 07643. Officer: Mohamed Masound, President (Qualifying Individual). K Line, Inc., 72 Sharp Street, Ste. C-11, Hingham, MA 02043. Officer: Paul F. Kalita, President (Qualifying Individual). Dacon Logistics LLC dba CODA Forwarding, 60 Evergreen Lane, Wachtung, NJ 07069. Officer: David Larr, Member (Qualifying Individual). Universal Relocations, LLC, 1796 Corte Vista St., Brentwood, CA 94513. Officers: Adarsh Dattani, President (Qualifying Individual), Richa Dattani, Secretary. Waldron Distributors LLC, 118 Waldron Ave., Staten Island, NY 10301. Officers: Beatriz A. Molina, President (Qualifying Individual), Edwin Molina, Secretary. Ocean Freight Forwarder-Ocean Transportation Intermediary Applicants Westward Global LLC, 18800 8th Ave., S., Ste. 2100, Seatac, WA 98148. Officers: Robert C. Erion, Jr., Member (Qualifying Individual), Janis E. Erion, Member. Real Peru Investment, Corp., 11222 N.W. 53 Lane, Doral, FL 33178. Officer: Lorgio R. Maguina, President (Qualifying Individual). Double River Forwarding LLC, 5117 N.E. 87th Ave., Portland, OR 97220. Officer: Tina R. Lyons, Owner (Qualifying Individual). C. Steinweg (USA), Inc., 1201 Wallace Street, Baltimore, MD 21230. Officers: Rupert Denney, Secretary (Qualifying Individual), Piet Govers, President. Penbroke Marine Services Inc., 975 E. Linden Ave., Linden, NJ 07036. Officer: Brian J. Brennan, President (Qualifying Individual). GCR Logistics, Inc., 15311 Vantage Parkway West, Houston, TX 77032. Officer: Harold J. Gagliano, President (Qualifying Individual). Momentum Transportation USA, Inc., 5220 Shad Road, Ste. 404, Jacksonville, FL 32257. Officers: Edward K. Abbott, Vice President (Qualifying Individual), Michael J. Liantonio, COO. Karen V. Gregory, Assistant Secretary. [FR Doc. E8-9472 Filed 4-29-08; 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 applications also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center 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 26, 2008. **A. Federal Reserve Bank of Chicago** (Burl Thornton, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. Liberty Financial Services, Inc.* , Sioux City, Iowa; to acquire 100 percent of the voting shares of Valley Bank N.A., Elk Point, South Dakota. **B. Federal Reserve Bank of St. Louis** (Glenda Wilson, Community Affairs Officer) 411 Locust Street, St. Louis, Missouri 63166-2034: *1. Central Bancompany, Inc.* , Jefferson City, Missouri; to acquire 100 percent of the voting shares of Holden Bancshares, Inc., and thereby indirectly acquire voting shares of Bank of Holden, both of Holden, Missouri. **C. Federal Reserve Bank of San Francisco** (Tracy Basinger, Director, Regional and Community Bank Group) 101 Market Street, San Francisco, California 94105-1579: *1. Gateway Pacific Bancorp* to become a bank holding company by acquiring 100 percent of Gateway Pacific Bank (in organization), both of National City, California. Board of Governors of the Federal Reserve System, April 25, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-9494 Filed 4-29-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Government in the Sunshine Meeting Notice Agency Holding the Meeting: Board of Governors of the Federal Reserve System. Time and Date: 2:15 p.m., Friday, May 2, 2008. Place: Marriner S. Eccles Federal Reserve Board Building, 20th Street entrance between Constitution Avenue and C Streets, NW., Washington, DC 20551. Status: Open. We ask that you notify us in advance if you plan to attend the open meeting and provide your name, date of birth, and social security number
(SSN)or passport number. You may provide this information by calling
(202)452-2474 or you may *register online.* You may pre-register until close of business (May 1, 2008). You also will be asked to provide identifying information, including a photo ID, before being admitted to the Board meeting. The Public Affairs Office must approve the use of cameras; please call
(202)452-2955 for further information. If you need an accommodation for a disability, please contact Penelope Beattie on 202-452-3982. For the hearing impaired only, please use the Telecommunication Device for the Deaf
(TDD)on 202-263-4869. *Privacy Act Notice:* Providing the information requested is voluntary; however, failure to provide your name, date of birth, and social security number or passport number may result in denial of entry to the Federal Reserve Board. This information is solicited pursuant to sections 10 and 11 of the Federal Reserve Act and will be used to facilitate a search of law enforcement databases to confirm that no threat is posed to Board employees or property. It may be disclosed to other persons to evaluate a potential threat. The information also may be provided to law enforcement agencies, courts and others, but only to the extent necessary to investigate or prosecute a violation of law. Matters to be Considered Discussion Agenda 1. Proposed Amendments to Consumer Regulations to Prohibit Unfair or Deceptive Acts or Practices by Banks. Note: 1. The staff memo to the Board will be made available to the public in paper and the background material will be made available on a computer disc in Word format. If you require a paper copy of the document, please call Penelope Beattie on 202-452-3982. 2. This meeting will be recorded for the benefit of those unable to attend. Computer discs
(CDs)will then be available for listening in the Board's Freedom of Information Office, and copies can be ordered for $4 per disc by calling 202-452-3684 or by writing to: Freedom of Information Office, Board of Governors of the Federal Reserve System, Washington, DC 20551. FOR FURTHER INFORMATION CONTACT: Michelle Smith, Director, or Dave Skidmore, Assistant to the Board, Office of Board Members at 202-452-2955. SUPPLEMENTARY INFORMATION: You may call 202-452-3206 for a recorded announcement of this meeting; or you may contact the Board's Web site at *http://www.federalreserve.gov* for an electronic announcement. (The Web site also includes procedural and other information about the open meeting.) Dated: April 25, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. 08-1201 Filed 4-28-08; 9:11 am]
Connectionstraces to 77
Traces to 77 documents
U.S. Code
CFR
46 references not yet in our index
  • 50 CFR 648
  • 5 USC 533(b)(B)
  • 36 CFR 2
  • 50 CFR 27
  • 43 Stat. 651
  • 45 Stat. 1224
  • 48 Stat. 402
  • 48 Stat. 1270
  • 80 Stat. 927
  • 5 USC 685
  • 37 CFR 202
  • 39 CFR 111
  • Pub. L. 104-134
  • 7 USC 281-286
  • 7 USC 7701-7772
  • 7 USC 8301-8321
  • 44 USC 3541
  • 40 USC 1401(3)
  • Pub. L. 97-255
  • 40 CFR 1500
  • 7 CFR 650
  • 15 USC 4001-21
  • 132 F. Supp. 2d 1087
  • 43 F.3d 1442
  • 293 F. Supp. 2d 1334
  • 117 F.3d 1401
  • Pub. L. 92-463
  • Pub. L. 102-183
  • 5 CFR 2634.202
  • 32 CFR 326
  • 41 CFR 102
  • 32 CFR 806
  • 37 CFR 404
  • 10 USC 5013
  • 10 USC 5041
  • 32 CFR 701
  • Pub. L. 93-259
  • 10 USC 801-940
  • 34 CFR 222
  • Pub. L. 105-394
+ 6 more
Citation graph
cites case law
Notices
Final rule; postponement of effective date
Fed. Reg.Notices
Fed. Reg.Proposed Rules
U.S.C.§ 601
U.S.C.§ 804
Fed. Reg.Notices
Fed. Reg.Notices
U.S.C.§ 1
Stat.Chapter 137
U.S.C.§ 685
F. Supp.132 F. Supp. 2d 1087
F. App'x43 F.3d 1442
F. Supp.293 F. Supp. 2d 1334
Cites 123 · showing 12Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.