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Code · REGISTER · 2008-05-06 · Import Administration, International Trade Administration, Department of Commerce · Notices

Notices. Notice of open meeting

85,775 words·~390 min read·/register/2008/05/06/08-1220

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

BILLING CODE 3510-DR-P DEPARTMENT OF COMMERCE International Trade Administration A-557-813 Polyethylene Retail Carrier Bags from Malaysia: Notice of Partial Rescission of the Administrative Review and Intent to Rescind the Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests by interested parties, the Department of Commerce (Department) initiated an administrative review of the antidumping duty order on polyethylene retail carrier bags (PRCBs) from Malaysia with respect to three producers/exporters of the subject merchandise. The period of review
(POR)is August 1, 2006, through July 31, 2007. The Department is rescinding this administrative review in part with respect to one company. In addition, the Department has preliminarily determined that there were no entries of subject merchandise from the two remaining companies during the POR to review and, therefore, intends to rescind the administrative review in its entirety. Interested parties are invited to comment on this intent to rescind the administrative review. EFFECTIVE DATE: May 6, 2008. FOR FURTHER INFORMATION: Lyn Johnson or Richard Rimlinger, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-5287 and
(202)482-4477, respectively. SUPPLEMENTARY INFORMATION: Background On August 2, 2007, the Department published a notice of opportunity to request an administrative review of PRCBs from Malaysia for the period August 1, 2006, through July 31, 2007. See *Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review* , 72 FR 42383 (August 2, 2007). On August 31, 2007, interested parties requested an administrative review in accordance with 19 CFR 351.213(b)(1). The review requests were as follows:
(1)The Polyethylene Retail Carrier Bag Committee and its individual members, Hilex Poly Co., LLC and Superbag Corporation (Petitioners) requested a review of Euro Plastics Malaysia Sdn. Bhd. and its affiliate Eplastics Procurement Center Sdn. Bhd. (Euro Plastics);
(2)Zhin Hin Plastic Manufacturer Sdn. Bhd. (also known as Chin Hin Plastic Manufacture) (Zhin Hin) requested a review of itself;
(3)King Pac Industrial Co., Ltd. (King Pac) requested a review of itself. On September 25, 2007, the Department initiated administrative reviews of Euro Plastics, Zhin Hin, and King Pac. See * Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part * , 72 FR 54428 (September 25, 2007). Scope of the Order The merchandise subject to this antidumping duty order is PRCBs which may be referred to as t-shirt sacks, merchandise bags, grocery bags, or checkout bags. The subject merchandise is defined as non-sealable sacks and bags with handles (including drawstrings), without zippers or integral extruded closures, with or without gussets, with or without printing, of polyethylene film having a thickness no greater than 0.035 inch (0.889 mm) and no less than 0.00035 inch (0.00889 mm), and with no length or width shorter than 6 inches (15.24 cm) or longer than 40 inches (101.6 cm). The depth of the bag may be shorter than 6 inches (15.24 cm) but not longer than 40 inches (101.6 cm). PRCBs are typically provided without any consumer packaging and free of charge by retail establishments, *e.g.* , grocery, drug, convenience, department, specialty retail, discount stores, and restaurants, to their customers to package and carry their purchased products. The scope of the order excludes
(1)polyethylene bags that are not printed with logos or store names and that are closeable with drawstrings made of polyethylene film and
(2)polyethylene bags that are packed in consumer packaging with printing that refers to specific end-uses other than packaging and carrying merchandise from retail establishments, *e.g.* , garbage bags, lawn bags, trash-can liners. Imports of the subject merchandise are currently classifiable under statistical category 3923.21.0085 of the Harmonized Tariff Schedule of the United States (HTSUS). Furthermore, although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Rescission in Part On October 4, 2007, we received a timely withdrawal of the request for review of King Pac. King Pac informed us that its request was intended for the order on PRCBs from Thailand instead of Malaysia. In accordance with 19 CFR 351.213(d)(1), the Department will rescind an administrative review “if a party that requested the review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review.” Therefore, because King Pac withdrew its request within the 90-day time limit and there were no other requests to review King Pac, we are rescinding the review in part with respect to King Pac. Intent to Rescind On October 22, 2007, in response to the Department's quantity and value questionnaire, Euro Plastics reported that it did not ship to the United States during the POR. We examined U.S. Customs and Border Protection
(CBP)data and did not find entries of subject merchandise from Euro Plastics during the POR. See the April 25, 2008, memorandum to The File entitled “Polyethylene Retail Carrier Bags from Malaysia - Customs Data for Entries during the period August 1, 2006, through July 31, 2007.” On October 22, 2007, in response to the Department's quantity and value questionnaire, Zhin Hin reported that it had shipments to the United States during the POR. Accordingly, we issued an antidumping duty questionnaire to Zhin Hin on November 26, 2007. On November 29, 2007, Zhin Hin provided CBP documentation to support its claim that it had shipments to the United States during the POR. Upon reviewing the CBP documentation provided in Zhin Hin's November 29, 2007, letter and January 9, 2008, questionnaire response, we found that Zhin Hin relied on the “import date,” which fell within the POR, as the relevant date to support its request for review. It is the Department's practice, however, to consider the “entry date” as the determinative date for purposes of whether an entry falls within a POR. In this case, we found that the CBP documentation which Zhin Hin submitted also showed an “entry summary date” which fell outside of the POR. We examined additional CBP data and tied the entry from the CBP documentation Zhin Hin submitted to the additional CBP data by the entry number. The additional CBP data showed that this entry had an “entry date” which occurred outside the POR. Based on this information, we concluded that there were no entries of subject merchandise from Zhin Hin during the POR. *Id* . Section 751(a)(2) of the Tariff Act of 1930, as amended (the Act), instructs the Department that, when conducting an administrative review, it is to determine the dumping margin for entries during the relevant period. Further, according to 19 CFR 351.213(d)(3), the Department may rescind an administrative review in whole or only with respect to a particular exporter or producer if it concludes that, during the POR, there were no entries, exports, or sales of the subject merchandise, as the case may be. The Department has interpreted the statutory and regulatory language as requiring “that there be entries during the period of review upon which to assess antidumping duties.” See *Granular Polytetrafluoroethylene Resin from Japan: Notice of Rescission of Antidumping Duty Administrative Review* , 70 FR 44088 (August 1, 2005). In *Allegheny Ludlum Corp. v. United States* , 346 F.3d 1368, 1372 (CAFC 2003), the Court of Appeals for the Federal Circuit upheld the Department's practice of rescinding annual reviews when there are no entries of subject merchandise during the POR. See also *Stainless Steel Plate in Coils from Taiwan: Final Rescission of Antidumping Duty Administrative Review* , 68 FR 63067, 63068 (November 7, 2003) (stating that “the Department's interpretation of its statute and regulations, as affirmed by the Court of Appeals for the Federal Circuit, supports not conducting an administrative review when the evidence on the record indicates that respondents had no entries of subject merchandise during the POR”). As explained above, we did not find entries of subject merchandise from Euro Plastics or Zhin Hin during the POR. Because we preliminarily find that Euro Plastics and Zin Hin had no entries of subject merchandise during the POR and these are the only remaining companies in this review, we intend to rescind the administrative review in its entirety. If we continue to find that there were no entries of subject merchandise from these companies after consideration of comments from interested parties, we will rescind the entire administrative review of PRCBs from Malaysia in accordance with 19 CFR 351.213(d)(3). Public Comment Any interested party may request a hearing within 30 days of the publication of this notice in the **Federal Register** in accordance with 19 CFR 351.310. If a hearing is requested, the Department will notify interested parties of the hearing schedule. Interested parties are invited to comment on the intent to rescind the administrative review. The Department will consider case briefs filed by interested parties within 30 days after the date of publication of this notice in the **Federal Register** . Interested parties may file rebuttal briefs, limited to issues raised in the case briefs. The Department will consider rebuttal briefs filed not later than five days after the time limit for filing case briefs. Parties who submit arguments are requested to submit with each argument a statement of the issue, a brief summary of the argument, and a table of authorities cited. Further, we request that parties submitting written comments provide the Department with a diskette containing an electronic copy of the public version of such comments. See, generally, 19 CFR 351.309(c) and (d). This rescission in part and intent to rescind the administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 30, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-9992 Filed 5-5-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-570-898 Chlorinated Isocyanurates from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests from interested parties, the Department of Commerce (“the Department”) is conducting an administrative review of the antidumping duty order on chlorinated isocyanurates (“chlorinated isos”) from the People's Republic of China (“PRC”). The period of review (“POR”) for this administrative review is June 1, 2006, through May 31, 2007. This administrative review covers two producers/exporters of the subject merchandise. We preliminarily determine that both respondents in this administrative review made sales in the United States at prices below normal value (“NV”). If these preliminary results are adopted in our final results of 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 intend to issue the final results of this review no later than 120 days from the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“the Act”). EFFECTIVE DATE: May 6, 2008. FOR FURTHER INFORMATION CONTACT: Jennifer Moats or Charles Riggle, 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)482-5047 or
(202)482-0650, respectively. SUPPLEMENTARY INFORMATION: Background On June 24, 2005, the Department published in the **Federal Register** the antidumping duty order on chlorinated isos from the PRC. 1 On June 1, 2007, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on chlorinated isos from the PRC for the period June 1, 2006, through May 31, 2007. 2 On June 28, 2007, in accordance with 19 CFR 351.213(b)(2), Nanning Chemical Industry Co. Ltd. (“Nanning”), a foreign producer/exporter of subject merchandise, requested that the Department review its sale(s) of subject merchandise. On June 29, 2007, in accordance with 19 CFR 351.213(b)(2), Hebei Jiheng Chemical Company Ltd. (“Jiheng”), a foreign producer/exporter of subject merchandise, requested that the Department review its sales of subject merchandise. On July 2, 2007, Clearon Corporation (“Clearon”) and Occidental Chemical Corporation (“OxyChem”), petitioners in the underlying investigation, and BioLab, Inc. (“BioLab”), a domestic producer of the like product, requested that the Department conduct an administrative review of Jiheng's sales and entries during the POR. 1 *See Notice of Antidumping Duty Order: Chlorinated Isocyanurates From the People's Republic of China* , 70 FR 36561 (June 24, 2005). 2 *See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review* , 72 FR 30542 (June 1, 2007). On July 26, 2007, the Department initiated the second administrative review of the antidumping duty order on chlorinated isos from the PRC. 3 On August 10, 2007, the Department issued its antidumping duty questionnaire to Jiheng and Nanning. On September 7, 2007, the Department requested that the Office of Policy provide a list of surrogate countries for this review. 4 On September 17, 2007, the Office of Policy issued its list of surrogate countries. 5 3 *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 72 FR 41057 (July 26, 2007) (“Initiation Notice”). 4 *See* Memorandum regarding “Request for Surrogate-Country Selection: 2006-2007 Administrative Review of the Antidumping Duty Order on Chlorinated Isocyanurates from the People's Republic of China” (September 7, 2007). 5 *See* the Memorandum regarding “Antidumping Duty Administrative Review of Chlorinated Isocyanurates from the People's Republic of China: Request for a List of Surrogate Countries” (September 17, 2007) (“Surrogate Country List”). On September 25, 2007, the Department issued a letter to interested parties seeking comments on surrogate country selection and surrogate values. On October 10, 2007, Jiheng submitted comments regarding the selection of a surrogate country. On October 22, 2007, Clearon and OxyChem (“Petitioners”) submitted rebuttal comments regarding surrogate country selection. On November 2, 2007, Jiheng and Nanning submitted publicly available information to value the factors of production (“FOP”). On November 13, 2007, Petitioners submitted rebuttal surrogate value comments. On February 13, 2008, Jiheng submitted rebuttal comments to Petitioners' surrogate value comments. On April 9, 2008, Jiheng submitted additional surrogate value information on electricity. On September 7, 2007, Nanning submitted its section A questionnaire response (“Nanning AQR”). On September 10, 2007, Jiheng submitted its section A questionnaire response (“Jiheng AQR”). On October 2, 2007, Jiheng submitted its sections C and D questionnaire responses (“Jiheng CQR and Jiheng DQR”, respectively). On October 4, 2007, Nanning submitted its sections C and D questionnaire responses (“Nanning CQR and Nanning DQR”, respectively). On November 8, 2007, Petitioners submitted comments on Nanning's AQR, CQR, and DQR. On November 28, 2007, the Department issued supplemental questionnaires to Jiheng and Nanning. On December 20, 2007, Jiheng and Nanning submitted their supplemental questionnaire responses (“Jiheng 1 st SQR and Nanning 1 st SQR”, respectively). On January 9, 2008, Department met with counsel for Jiheng to explain some concerns regarding Jiheng's FOP reporting methodology and claimed by products and to introduce questions that would be included in a second supplemental questionnaire issued to Jiheng. *See* January 17, 2008 Memorandum to The File regarding Meeting with Counsel of Hebei Jiheng Chemical Company, Ltd. On January 15, 2008, the Department issued a second supplemental questionnaire to Jiheng. On January 24, 2008, Petitioners submitted comments on Nanning's 1 st SQR. On February 12, 2008, the Department issued a second supplemental questionnaire to Nanning. On February 20, 2008, Jiheng submitted its second supplemental questionnaire response (“Jiheng 2 nd SQR”). On February 25, 2008, the Department published a notice in the **Federal Register** extending the time limit for the preliminary results of review until April 30, 2008. 6 6 *See Chlorinated Isocyanurates from the People's Republic of China: Extension of Time limit for Preliminary Results of Antidumping Duty Administration Review* , 73 FR 9990 (February 25, 2008). On March 5, 2008, Nanning submitted its second supplemental questionnaire response (“Nanning 2 nd SQR”). On March 17, 2008, Petitioners submitted comments on Nanning 2 nd SQR. On March 21, 2008, the Department issued a third supplemental questionnaire to Nanning. On April 1, 2008, Nanning submitted its third supplemental questionnaire response (“Nanning 3 rd SQR”). On April 2, 2008, Department officials again met with counsel to Jiheng to introduce questions that would be included in a third supplemental questionnaire to Jiheng regarding Jiheng's reported FOPs and claimed by products. *See* April 4, 2008 Memorandum to The File regarding Meeting with Counsel of Hebei Jiheng Chemical Company, Ltd. On April 3, 2008, Petitioners submitted comments on Nanning's 3 rd SQR. On April 4, 2008, the Department issued a third supplemental questionnaire to Jiheng. On April 16, 2008, Jiheng submitted its third supplemental questionnaire response (“Jiheng 3 rd SQR”). Scope of the Order The products covered by this order are chlorinated isos, as described below: Chlorinated isos are derivatives of cyanuric acid, described as chlorinated s-triazine triones. There are three primary chemical compositions of chlorinated isos:
(1)trichloroisocyanuric acid (Cl 3
(NCO)3 ),
(2)sodium dichloroisocyanurate (dihydrate) (NaCl 2
(NCO)3 (2H 2 O), and
(3)sodium dichloroisocyanurate (anhydrous) (NaCl 2
(NCO)3 ). Chlorinated isos are available in powder, granular, and tableted forms. This order covers all chlorinated isos. Chlorinated isos are currently classifiable under subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.50, 3808.50.40 and 3808.94.50.00 of the Harmonized Tariff Schedule of the United States (“HTSUS”). The tariff classification 2933.69.6015 covers sodium dichloroisocyanurates (anhydrous and dihydrate forms) and trichloroisocyanuric acid. The tariff classifications 2933.69.6021 and 2933.69.6050 represent basket categories that include chlorinated isos and other compounds including an unfused triazine ring. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Non-Market Economy Country Jiheng and Nanning did not contest the Department's treatment of the PRC as a non-market economy (“NME”), and the Department has treated the PRC as an NME country in all past antidumping duty investigations and administrative reviews and continues to do so in this case. 7 No interested party in this case has argued that we should do otherwise. Designation as an NME country remains in effect until it is revoked by the Department. *See* Section 771(18)(C)(i) of the Act. 7 *See, e.g., Chlorinated Isocyanurates from the People's Republic of China: Final Results of Antidumping Duty Administrative Review* , 73 FR 159 (January 2, 2008); and *Folding Metal Tables and Chairs from the People's Republic of China: Final Results of Antidumping Duty Administrative Review* , 72 FR 71355 (December 17, 2007). Surrogate Country When the Department is investigating imports from an NME country, section 773(c)(1) of the Act directs it, 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 the 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. Further, the Department normally values all FOPs in a single surrogate country. *See* 19 CFR 351.408(c)(2). The sources of the surrogate factor values are discussed under the “Normal Value” section below and in the Surrogate Value Memorandum, which is on file in the Central Records Unit (“CRU”), Room 1117 of the main Department building. 8 8 *See* Memorandum regarding “Preliminary Results of the 2006-2007 Administrative Review of Chlorinated Isocyanurates from the People's Republic of China: Surrogate Value Memorandum” (April 29, 2008) (“Surrogate Value Memorandum”). In examining which country to select as its primary surrogate for this proceeding, 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* Surrogate Country List, which is on file in the CRU. On September 25, 2007, the Department issued a request for interested parties to submit comments on surrogate country selection. On October 10, 2007, Jiheng submitted comments regarding the selection of a surrogate country. On October 22, 2007, Petitioners submitted rebuttal comments regarding surrogate country selection. Jiheng argues that the Department should continue to use India as a surrogate country for this proceeding of chlorinated isos, as it has in previous proceedings, because India produces comparable merchandise and there are publicly available data with which to value the reported FOP information in this case. Petitioners argue that another surrogate country other than India should be considered because chlorinated isos is not manufactured in India and the level of production of the most comparable product, calcium hypochlorite, should be considered. Nanning did not provide any comments on the Department's selection of a surrogate country. All parties which submitted surrogate value data submitted Indian sourced data for the majority of their data. After evaluating interested parties' comments, the Department determined that India is the appropriate surrogate country for use in this review. The Department based its decision on the following facts:
(1)India is at a level of economic development comparable to that of the PRC;
(2)India is a significant producer of comparable merchandise, *i.e.* , calcium hypochlorite; and
(3)India provides the best opportunity to use quality, publicly available data to value the FOPs. On the record of this review, we have usable surrogate financial data from India, but no such surrogate financial data from any other potential surrogate country. Additionally, a vast majority of the data submitted by both the respondents and Petitioners for our consideration as potential surrogate values are sourced from India. Therefore, because India best represents the experience of producers of comparable merchandise operating in a surrogate country, we have selected India as the surrogate country and, accordingly, have calculated NV using Indian prices to value the respondents' FOPs, when available and appropriate. *See* Surrogate Value Memorandum. We have obtained and relied upon publicly available information wherever possible. In accordance with 19 CFR 351.301(c)(3)(ii), interested parties may submit publicly available information to value FOPs until 20 days after the date of publication of the preliminary results. Separate Rates The Department has implemented an application process by which exporters and producers may obtain separate-rate status in NME administrative reviews. The process requires exporters and producers to submit a separate-rate status application. *See also Policy Bulletin 05.1: 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.* 9 However, the standard for eligibility for a separate rate (which is whether a firm can demonstrate an absence of both *de jure* and *de facto* government control over its export activities) has not changed. 9 *Policy Bulletin 05.1* states: “While continuing the practice of assigning separate rates only to exporters, all separate rates that the Department will now assign in its NME investigations will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well as the pool of non-investigated firms receiving the weighted-average of the individually calculated rates. This practice is referred to as the application of `combination rates' because such rates apply to specific combinations of exporters and one or more producers. The cash-deposit rate assigned to an exporter will apply only to merchandise *both* exported by the firm in question *and* produced by a firm that supplied the exporter during the period of investigation.“ *See Policy Bulletin 05.1* at 6 ( *emphasis in original* ). 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 review 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 *Notice of Final Determination of Sales at Less Than Fair Value: Sparklers from the People's Republic of China* , 56 FR 20588 (May 6, 1991) (“ *Sparklers* ”), as further developed in *Notice of Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the People's Republic of China* , 59 FR 22585 (May 2, 1994) (“ *Silicon Carbide* ”). 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. Separate Rate Recipients 10 10 All separate rate applicants receiving a separate rate are hereby referred to collectively as the “SR Recipients”, which include the mandatory respondents as well. 1. Wholly Foreign-Owned No companies reported that they are wholly owned by individuals or companies located in a market economy in their separate-rate applications. Therefore, we are not addressing wholly-foreign owned companies in our analysis. 2. Located in a Market Economy with No PRC Ownership No companies in this administrative review are located outside the PRC. Therefore, we are not addressing this ownership structure in these preliminary results of review. 3. Joint Ventures Between Chinese and Foreign Companies or Wholly Chinese-Owned Companies Jiheng and Nanning stated that they are either joint ventures between Chinese and foreign companies or are wholly Chinese-owned companies (collectively “PRC SR Applicants”). Therefore, the Department must analyze whether these respondents 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. *See Sparklers* , 56 FR at 20589. The evidence provided by Jiheng and Nanning supports a preliminary finding of *de jure* absence of government control based on the following:
(1)an absence of restrictive stipulations associated with the individual exporter's 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* Jiheng's September 10, 2007, submission at Exhibit A-6; and Nanning's September 7, 2007, submission at Exhibit A-1. 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. *See Silicon Carbide* , 59 FR at 22586-87; *see also Notice of Final Determination of Sales at Less Than Fair Value: Furfuryl Alcohol From the People's Republic of China* , 60 FR 22544, 22545 (May 8, 1995). The 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. The evidence placed on the record of this administrative review by the PRC SR Recipients demonstrates an absence of *de jure* and *de facto* government control with respect to each of the respondent's exports of the merchandise under review, in accordance with the criteria identified in *Sparklers* and *Silicon Carbide* . *See* “Preliminary Results” section below for companies marked with “*” designating these companies as joint ventures between Chinese and foreign companies or wholly Chinese-owned companies that have demonstrated their eligibility for a separate rate. B. Companies Not Receiving a Separate Rate The Department has determined that all parties applying for a separate rate in this segment of the proceeding have demonstrated an absence of government control both in law and in fact (see discussion above), and is, therefore, not denying separate-rate status to any applicants. Date of Sale Section 351.401(i) of the Department's regulations states that: In identifying the date of sale of the subject merchandise or foreign like product, the Secretary normally will use the date of invoice, as recorded in the exporter or producer's records kept in the normal course of business. However, the Secretary may use a date other than the date of invoice if the Secretary is satisfied that a different date better reflects the date on which the exporter or producer establishes the material terms of sale. Jiheng Jiheng reported the shipment date as the date of sale because it claims that, for its U.S. sales of subject merchandise made during the POR, the material terms of sale were established on the shipment date and its shipment date was on or before the invoice date. We have preliminarily determined that the shipment date is the most appropriate date to use as Jiheng's date of sale in accordance with our long-standing practice of determining the date of sale as the date on which the final terms of sale are established. 11 Evidence on the record demonstrates that the shipment date usually occurs prior to the invoice date. *See* Jiheng's CQR. It is the Department's practice to use shipment date as the date of sale when the shipment date occurs prior to the invoice date. 12 Moreover, the shipment date was considered the sale date in the prior POR. 13 11 *Notice of Final Determination of Sales at Less Than Fair Value and Negative Final Determination of Critical Circumstances: Certain Frozen and Canned Warmwater Shrimp from Thailand* , 69 FR 76918 (December 23, 2004), and accompanying Issues and Decision Memorandum at Comment 10; and *Notice of Final Determination of Sales at Less Than Fair Value: Structural Steel Beams from Germany* , 67 FR 35497 (May 20, 2002), and accompanying Issues and Decision Memorandum at Comment 2. 12 *See, e.g., Notice of Final Determinations of Sales at Less Than Fair Value: Certain Durum Wheat and Hard Red Spring Wheat from Canada* , 68 FR 52741 (September 5, 2003), and accompanying Issues and Decision Memorandum at Comment 3. 13 *See Chlorinated Isocyanurates from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review* , 72 FR 39053 (July 17, 2007) (unchanged in *Chlorinated Isocyanurates from the People's Republic of China: Final Results of Antidumping Duty Administrative Review* , 73 FR 159 (January 2, 2008)). Nanning Nanning's sale took place during the previous POR. However, because the sale entered the United States during the current POR, any antidumping duty liability can only be determined and assessed in the context of the current POR. Therefore, Nanning reported the entry date which coincides with the current administrative review period as its date of sale. We have preliminarily determined that the entry date is the most appropriate date to use as Nanning's date of sale in this circumstance. It is the Department's practice to include sales that are sold prior to the POR if the respondent can demonstrate the sale entered the United States during the POR. 14 14 *See, e.g., Stainless Steel Wire Rod from Sweden: Final Results of Antidumping Duty Administrative Review* , 72 FR 17834 (April 10, 2007), and accompanying Issues and Decision Memorandum at Comment 3. Fair Value Comparisons To determine whether sales of chlorinated isos to the United States by Jiheng and Nanning 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, pursuant to section 771(35) of the Act. Export Price Jiheng and Nanning sold the subject merchandise to unaffiliated purchasers in the United States prior to importation into the United States. Therefore, we have used EP in accordance with section 772(a) of the Act because the use of the constructed export price methodology is not otherwise indicated. We calculated EP based on the price including the appropriate shipping terms to the unaffiliated purchasers reported by Jiheng and Nanning. From this price, we deducted amounts for foreign inland freight, brokerage and handling, international freight, and marine insurance, and added amounts for components that were supplied free of charge or reimbursed by the customer where applicable, pursuant to section 772(c)(2)(A) of the Act. 15 15 *See* Memorandum regarding “Analysis for the Preliminary Results of the 2006-2007 Administrative Review of Chlorinated Isocyanurates from the People's Republic of China: Hebei Jiheng Chemical Company Ltd. (April 29, 2008); *see also* Memorandum regarding “Analysis for the Preliminary Results of the 2006-2007 Administrative Review of Chlorinated Isocyanurates from the People's Republic of China: Nanning Chemical Industry Co., Ltd. (April 29, 2008). The Department used two sources to calculate a surrogate value for domestic brokerage expenses. The Department averaged the February 2004-January 2005 data contained in Agro Dutch Industries Limited's (“Agro Dutch”) May 24, 2005, public version response submitted in the administrative review of the antidumping duty order on certain preserved mushrooms from India. 16 These data were averaged with the July 2004-June 2005 data contained in Kejriwal Paper Ltd.'s (“Kejriwal”) January 9, 2006, public version response submitted in the administrative review of the antidumping duty order on lined paper products from India. 17 The brokerage-expense data reported by Agro Dutch and Kejriwal in the public versions of their respective responses are ranged data. The Department first derived an average per-unit amount from each data source. We then separately adjusted each average rate for inflation. Finally, we averaged the two per-unit amounts to derive an overall average rate for the POR. *See* Surrogate Value Memorandum. 16 *See Certain Preserved Mushrooms From India: Final Results of Antidumping Duty Administrative Review, 70 FR 37757 (June 30, 2005); and Notice of 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) unchanged in *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). 17 *See Notice of Final Determination of Sales at Less Than Fair Value, and Negative Determination of Critical Circumstances: Certain Lined Paper Products from India* , 71 FR 45012 (August 8, 2006). To value truck freight, we used the freight rates published by Indian Freight Exchange, available at http://www.infreight.com. The truck freight rates are for the period April 2005 through October 2005. Since these dates are not contemporaneous with the POR, we made an adjustment for inflation. *See* Surrogate Value Memorandum. Respondents who incurred international freight expenses on the subject merchandise reported that they used a market-economy international freight carrier and paid for the international freight expense in a market-economy currency. Therefore, we used the reported international freight expenses by the respondents, where necessary. To value marine insurance, we used an April 2005 rate quote for marine insurance from http://www.rjgconsultants.com. Since this date is not contemporaneous with the POR, we made an adjustment for inflation. *See* Surrogate Value Memorandum. Jiheng reported that its U.S. customer(s) provided it with certain raw materials and packing materials free of charge. For Jiheng's products that contained inputs provided free of charge by its customer, 18 consistent with the Department's practice, we added to the U.S. price paid by the Jiheng's customer the built-up cost ( *i.e.* , the surrogate value for these raw materials and packing materials multiplied by the reported FOPs for these items). 19 18 Jiheng stated that its customer sourced materials from both market-economy and NME suppliers. Jiheng further stated that it does not know the names of the market-economy suppliers. See Jiheng's DQR at D-6-D-7. 19 *See, e.g., 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), and accompanying Issues and Decision Memorandum at Comment 17. Normal Value Section 773(c)(1) of the Act provides that, in the case of an NME, the Department shall determine NV using an FOP methodology if the merchandise is exported from an NME and 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. 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. Therefore, we calculated NV based on FOPs in accordance with sections 773(c)(3) and
(4)of the Act and 19 CFR 351.408(c). The FOPs include:
(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 the FOPs reported by respondents for materials, energy, labor, by products, and packing. In accordance with 19 CFR 351.408(c)(1), the Department will normally use publicly available information to value the FOPs, but when a producer sources an input from a market-economy country and pays for it in market-economy currency, the Department may value the factor using the actual price paid for the input. 20 Jiheng reported that it did not purchase any inputs from market economy suppliers for the production of the subject merchandise. *See* Jiheng's DQR at D-8. However, Nanning reported that it purchased all of the sodium chloride it consumed in the production of the subject merchandise from market economy suppliers and paid for its purchases in a market-economy currency. *See* Nanning's DQR at D-4. 20 *See* 19 CFR 351.408(c)(1); *see also, Shakeproof Assembly Components Div. of Ill v. United States, 268 F.3d* 1376, 1382-1383 (Fed. Cir. 2001) (affirming the Department's use of market-based prices to value certain FOPs). With regard to both the Indian import-based surrogate values and the market-economy input values, we have disregarded prices that we have reason to believe or suspect may be subsidized, such as those from India, Indonesia, South Korea, and Thailand. We have found in other proceedings that these countries maintain broadly available, non-industry-specific export subsidies and, therefore, it is reasonable to infer that all exports to all markets from these countries may be subsidized. 21 We are also guided by the statute's legislative history that explains that it is not necessary to conduct a formal investigation to ensure that such prices are not subsidized. *See* H.R. Rep. No. 100-576, at 590 (1988). Rather, the Department was instructed by Congress to base its decision on information that is available to it at the time it is making its determination. Therefore, we have not used prices from these countries in calculating the Indian import-based surrogate values. 21 *See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Notice of Preliminary Results and Preliminary Partial Rescission of Antidumping Duty Administrative Review* , 70 FR 54007, 54011 (September 13, 2005), unchanged in *Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Final Results of the First Administrative Review* , 71 FR 14170 (March 21, 2006); and *China National Machinery Import & Export Corporation v. United States* , 293 F. Supp. 2d 1334 (CIT 2003), affirmed 104 Fed. Appx. 183 (Fed. Cir. 2004). Factor Valuations In accordance with section 773(c) of the Act, we calculated NV based on the FOPs reported by Jiheng and Nanning for the POR. With respect to Nanning, we adjusted its reported FOP for urea and calculated an FOP for purchased cyanuric acid consumed during the POR. Specifically, Nanning's reported FOP for urea incorrectly calculated an estimate of the up-stream urea factor for its consumption of purchased cyanuric acid. While the Department will value the inputs into self-produced materials, the Department does not value inputs into purchased materials. 22 Therefore, in this limited circumstance because we were easily able to do so based on the record information provided by Nanning, we made an adjustment to Nanning's reported FOP for urea, so that it accounts only for Nanning's reported consumption in its production of self-produced cyanuric acid. We also calculated an FOP for Nanning's consumption of purchased cyanuric acid based on its reported consumption amounts of this factor. To calculate NV, we multiplied the reported per-unit factor quantities by publicly available Indian surrogate values (except as noted below). In selecting the surrogate values, we considered the quality, specificity, and contemporaneity of the data. As appropriate, we adjusted input prices by including freight costs to render them delivered prices. Specifically, we added to Indian import surrogate values a surrogate freight cost using the shorter of the reported distance from the domestic supplier to the factory or the distance from the nearest seaport to the factory. This adjustment is in accordance with the decision of the U.S. Court of Appeals for the Federal Circuit in *Sigma Corp. v. United States* , 117 F. 3d 1401, 1408 (Fed. Cir. 1997). For a detailed description of all surrogate values used for Jiheng and Nanning, see the Surrogate Value Memorandum. 22 *See, e.g., Final Determination of Sales at Less Than Fair Value: Certain Activated Carbon from the People's Republic of China* , 72 FR 9508 (March 2, 2007), and accompanying Issues and Decision Memorandum at Comment 21; *see also Certain Cased Pencils from the People's Republic of China: Final Results and Partial Rescission of Antidumping Duty Administrative Review* , 71 FR 38366 (July 6, 2006), and accompanying Issues and Decision Memorandum at Comment 2. Except as noted below, we valued raw material inputs using the weighted-average unit import values derived from the *Monthly Statistics of the Foreign Trade of India* , as published by the Directorate General of Commercial Intelligence and Statistics of the Ministry of Commerce and Industry, Government of India in the World Trade Atlas, available at http://www.gtis.com/wta.htm (“WTA”). Where we could not obtain publicly available information contemporaneous with the POR with which to value FOPs, we adjusted the surrogate values using, where appropriate, the Indian Wholesale Price Index (“WPI”) as published in the *International Financial Statistics* of the International Monetary Fund. *See* Surrogate Value Memorandum. We further adjusted these prices to account for freight costs incurred between the supplier and respondent. We used the freight rates published by Indian Freight Exchange available at http://www.infreight.com, to value truck freight. *See* the Surrogate Value Memorandum. We adjusted the truck and rail freight rates for inflation, where necessary. For a complete description of the factor values we used, see the Surrogate Value Memorandum. We valued calcium chloride, hydrochloric acid, barium chloride and sulfuric acid using *Chemical Weekly* because we did not have reliable Indian import statistics in the WTA for these factors. We adjusted these values for taxes and to account for freight costs incurred between the supplier and the respondent. Jiheng reported that its U.S. customer(s) provided certain raw materials and packing materials free of charge. For Jiheng's products that included raw materials and packing materials provided free of charge by its customer, consistent with the Department's practice, we used the built-up cost ( *i.e.* , the surrogate value for these raw materials and packing materials multiplied by the reported FOPs for these items) in the NV calculation. 23 Where applicable, we also adjusted these values to account for freight costs incurred between the port of exit and Jiheng's plants. *See* Surrogate Value Memorandum, and Jiheng's Preliminary Analysis Memorandum. 23 *See, e.g., 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), and accompanying Issues and Decision Memorandum at Comment 17. To value electricity, we used the 2000 electricity price data from International Energy Agency, Energy Prices and Taxes - Quarterly Statistics (First Quarter 2003), adjusted for inflation. See Surrogate Value Memorandum. On April 9, 2008, Arch Chemicals submitted additional information for selection as a surrogate value for electricity. We were unable to consider this information in the selection of a surrogate value for electricity for the preliminary results. However, we will review this information and any discussion of the electricity value included in parties' case briefs for the final results of review. To value water, we used the revised Maharashtra Industrial Development Corporation (“MIDC”) water rates for June 1, 2003, available at http://www.midcindia.com/water-supply, adjusted for inflation. *See* Surrogate Value Memorandum. To value steam coal, we used data obtained for categories B and C for coal reported in Tata Energy Research Institute's Energy Data Directory & Yearbook adjusted for inflation. *See* Surrogate Value Memorandum. Jiheng reported chlorine, hydrogen gas, ammonia gas, and sulfuric acid as by products in the production of subject merchandise. We found in this administrative review that Jiheng has appropriately reported its by products and, therefore, granted Jiheng a by-product offset for the quantities of these reported by products. We valued chlorine and hydrogen gas with Philippine import data obtained from *WTA* because it represented better information than the Indian import data for these factors. *See* Surrogate Value Memorandum. For direct labor, indirect labor 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 web site. 24 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 each respondent. *See* Surrogate Value Memorandum. 24 *See* Expected Wages of Selected NME Countries (revised January 2007) (available at http://ia.ita.doc.gov/wages). The source of these wage rate data on the Import Administration's web site is the *Yearbook of Labour Statistics 2004* , ILO, (Geneva: 2004), Chapter 5B: Wages in Manufacturing. The years of the reported wage rates range from 2003 to 2004. For packing materials, we used the per-kilogram values obtained from the WTA and made adjustments to account for freight costs incurred between the PRC supplier and the respondents' plants. *See* Surrogate Value Memorandum. For factory overhead, selling, general, and administrative expenses (“SG&A”), and profit values, we used information from Kanoria Chemicals and Industries Limited for the year ending March 31, 2007. 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. *See* Surrogate Value Memorandum for a full discussion of the calculation of these ratios. Currency Conversion We made currency conversions into U.S. dollars, in accordance with section 773A(a) of the Act, based on the exchange rates in effect on the dates of the U.S. sales, as certified by the Federal Reserve Bank. Preliminary Results We preliminarily determine that the following weighted-average dumping margins exist: Manufacturer/Exporter Margin (Percent) Jiheng* 23.28 Nanning* 66.89 Disclosure We will disclose the calculations used in our analysis to parties to this proceeding within five days of the publication date of this notice. *See* 19 CFR 351.224(b). Interested parties are invited to comment on the preliminary results and may submit case briefs and/or written comments within 30 days of the date of publication of this notice. *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 5 days after the time limit for filing the case briefs. *See* 19 CFR 351.309(d). The Department requests that parties submitting written comments provide an executive summary and a table of authorities as well as an additional copy of those comments electronically. Any interested party may request a hearing within 30 days of publication of this notice. *See* 19 CFR 351.310(c). Hearing requests should contain the following information:
(1)the party's name, address, and telephone number;
(2)the number of participants; and
(3)a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. Any hearing, if requested, will be held seven days after the deadline for submission of the rebuttal briefs at the U.S. Department of Commerce, 14 th Street and Constitution Avenue, NW, Washington, DC 20230. *See* 19 CFR 351.310(d). The Department will issue the final results of this administrative review, which will include the results of its analysis of issues raised in any such comments, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of the final results of this administrative review. If these preliminary results are adopted in our final results of review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific (or customer) *ad valorem* duty assessment rates based on the ratio of the total amount of dumping margins calculated for the examined sales to the total entered value of those same sales. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer-specific rate calculated in the final results of this review is above *de minimis* . Cash Deposit Requirements Further, the following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act:
(1)for Jiheng and Nanning, which have separate rates, the cash deposit rate will be the company-specific rate established in the final results of review (except, if the rate is zero or *de minimis* , a zero cash deposit will be required);
(2)for previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period;
(3)for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 285.63 percent; and
(4)for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that non-PRC exporter. These 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)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 29, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-9990 Filed 5-5-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (A-791-815) Ferrovanadium from South Africa: Notice of Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: May 6, 2008. FOR FURTHER INFORMATION CONTACT: Brian Smith or Gemal Brangman, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-1766 or
(202)482-3773, respectively. SUPPLEMENTARY INFORMATION: Background On January 2, 2008, the Department of Commerce (the Department) published a notice of opportunity to request an administrative review of the antidumping duty order on ferrovanadium from South Africa. *See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation: Opportunity to Request Administrative Review* , 73 FR 158 (January 2, 2008). On January 31, 2008, Mittal Steel Lazaro Cardenas (an exporter of subject merchandise) requested that the Department conduct an administrative review on its behalf. On February 27, 2008, the Department published a notice of initiation of the antidumping duty administrative review of ferrovanadium from South Africa for the period January 1, 2007, through December 31, 2007. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews* , 73 FR 10422 (February 27, 2008). Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the party that requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. On April 22, 2008, Mital Steel Lazaro Cardenas withdrew its request for an administrative review within 90 days of publication of the notice of initiation of this review. Therefore, in accordance with 19 CFR 351.213(d)(1), the Department hereby rescinds the administrative review of ferrovanadium from South Africa for the period January 1, 2007, through December 31, 2007. The Department intends to issue assessment instructions to U.S. Customs and Border Protection 15 days after the date of publication of this notice of rescission of administrative review. This notice is issued and published in accordance with section 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: April 30, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-9988 Filed 5-5-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Institute of Standards and Technology Advisory Committee on Earthquake Hazards Reduction Meeting AGENCY: National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of open meeting. SUMMARY: The Advisory Committee on Earthquake Hazards Reduction (ACEHR or Committee), will hold a meeting on Wednesday, May 21, 2008 from 1 p.m. to 4 p.m. Eastern Standard Time (EST). The primary purpose of this meeting is to review the Committee's draft report to the NIST Director. The draft report will be posted on the NEHRP Web site at *http://nehrp.gov/.* Interested members of the public will be able to participate in the meeting from remote locations by calling into a central phone number. DATES: The ACEHR will hold a meeting on Wednesday, May 21, 2008, from 1 p.m. until 4 p.m. Eastern Standard Time (EST). The meeting will be open to the public. Interested parties may participate in the meeting from their remote location. ADDRESSES: Questions regarding the meeting should be sent to National Earthquake Hazards Reduction Program Director, National Institute of Standards and Technology, 100 Bureau Drive, Mail Stop 8630, Gaithersburg, Maryland 20899-8630. For instructions on how to participate in the meeting, please see the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: Dr. Jack Hayes, National Earthquake Hazards Reduction Program Director, National Institute of Standards and Technology, 100 Bureau Drive, Mail Stop 8630, Gaithersburg, Maryland 20899-8630. Dr. Hayes' e-mail address is *jack.hayes@nist.gov* and his phone number is
(301)975-5640. SUPPLEMENTARY INFORMATION: The Committee was established in accordance with the requirements of Section 103 of the NEHRP Reauthorization Act of 2004 (Pub. L. 108-360). The Committee is composed of 15 members appointed by the Director of NIST, who were selected for their technical expertise and experience, established records of distinguished professional service, and their knowledge of issues affecting the National Earthquake Hazards Reduction Program. In addition, the Chairperson of the U.S. Geological Survey
(USGS)Scientific Earthquake Studies Advisory Committee (SESAC) serves in an ex-officio capacity on the Committee. The Committee assesses: • Trends and developments in the science and engineering of earthquake hazards reduction; • The effectiveness of NEHRP in performing its statutory activities (improved design and construction methods and practices; land use controls and redevelopment; prediction techniques and early-warning systems; coordinated emergency preparedness plans; and public education and involvement programs); • Any need to revise NEHRP; and • The management, coordination, implementation, and activities of NEHRP. Background information on NEHRP and the Advisory Committee is available at *http://nehrp.gov/.* Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the Advisory Committee on Earthquake Hazards Reduction (ACEHR) will hold a meeting on Wednesday, May 21, 2008, from 1 p.m. until 4 p.m. Eastern Standard Time (EST). There will be no central meeting location. The public is invited to participate in the meeting by calling in from remote locations. The primary purpose of this meeting is to review the Committee's draft report to the NIST Director. The draft report will be posted on the NEHRP Web site at *http://nehrp.gov/.* Individuals and representatives of organizations who would like to offer comments and suggestions related to the Committee's affairs are invited to request detailed instructions on how to dial in from a remote location to participate in the meeting. Approximately fifteen minutes will be reserved from 3:45 p.m.-4 p.m. Eastern Standard Time
(EST)for public comments, and speaking times will be assigned on a first-come, first-serve basis. The amount of time per speaker will be determined by the number of requests received, but is likely to be about 3 minutes each. Questions from the public will not be considered during this period. Speakers who wish to expand upon their oral statements, those who had wished to speak but could not be accommodated, and those who were unable to participate are invited to submit written statements to the ACEHR, National Institute of Standards and Technology, 100 Bureau Drive, MS 8630, Gaithersburg, Maryland 20899-8630, via fax at
(301)975-5433, or electronically by e-mail to *info@nehrp.gov.* All participants of the meeting are required to pre-register to be admitted. Anyone wishing to participate must register by close of business Thursday, May 8, 2008, in order to be admitted. Please submit your name, time of participation, e-mail address, and phone number to Tina Faecke. At the time of registration, participants will be provided with detailed instructions on how to dial in from a remote location in order to participate. Non-U.S. citizens must also submit their country of citizenship, title, employer/sponsor, and address with their registration. Ms. Faecke's e-mail address is *cookie@nist.gov,* and her phone number is
(301)975-5911. Dated: April 28, 2008. James M. Turner, Deputy Director. [FR Doc. E8-9958 Filed 5-5-08; 8:45 am] BILLING CODE 3510-13-P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Visiting Committee on Advanced Technology AGENCY: National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of Public Meeting. SUMMARY: Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the Visiting Committee on Advanced Technology (VCAT), National Institute of Standards and Technology (NIST), will meet Tuesday, June 10, from 8 a.m. to 5 p.m. and Wednesday, June 11, from 9 a.m. to 11:45 a.m. The Visiting Committee on Advanced Technology is composed of fifteen members appointed by the Director of NIST who are eminent in such fields as business, research, new product development, engineering, labor, education, management consulting, environment, and international relations. The purpose of this meeting is to review and make recommendations regarding general policy for the Institute, its organization, its budget, and its programs within the framework of applicable national policies as set forth by the President and the Congress. The theme for the meeting is “NIST's Roles in the Innovation Ecosystem.” The agenda will include discussions on guiding principles for the VCAT and the NIST leadership as well as NIST's 2008 priorities for the VCAT; an update on NIST including its response to the recommendations and findings in the 2007 VCAT Annual Report; and an overview of the innovation ecosystem with a focus on the drivers and the NIST role, as highlighted in presentations and discussions under three thematic sessions. Session I will cover NIST's role in enhancing use inspired basic research by working with academia, industry, and other agencies via joint research institutes, the Rapid Innovation and Competitiveness Initiative, and the Technology Innovation Program. Session II will focus on NIST's role in deploying technology and operational excellence by transforming manufacturing advances more quickly and measuring performance excellence. Session III will address NIST's role in responding to fast-paced standards issues. Other agenda items include two laboratory tours, feedback from the VCAT on NIST's role in the innovation ecosystem; a discussion of the VCAT's future structure; and presentations on NIST strategic planning topics, including biosciences, for the October 2008 VCAT meeting. The agenda may change to accommodate Committee business. The final agenda will be posted on the NIST Web site at *http://www.nist.gov/director/vcat/agenda.htm.* DATES: The meeting will convene on June 10, 2008, at 8 a.m. and will adjourn on June 11, 2008, at 11:45 a.m. ADDRESSES: The meeting will be held at the National Institute of Standards and Technology, Administration Building, Employees Lounge, Gaithersburg, Maryland 20899. Anyone wishing to attend this meeting should submit name, e-mail address and phone number to Denise Herbert ( *denise.herbert@nist.gov* or 301-975-5607) no later than June 6, 2008. FOR FURTHER INFORMATION CONTACT: Denise Herbert, Visiting Committee on Advanced Technology, National Institute of Standards and Technology, Gaithersburg, Maryland 20899-1000, telephone number
(301)975-2300. Dated: April 28, 2008. James M. Turner, Deputy Director. [FR Doc. E8-9957 Filed 5-5-08; 8:45 am] BILLING CODE 3510-13-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XH72 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. SUMMARY: The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator) has made a preliminary determination that the subject exempted fishing permit
(EFP)application contains all the required information and warrants further consideration. Therefore, NMFS announces that the Assistant Regional Administrator proposes to recommend that an EFP be issued that would allow one commercial fishing vessel to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. The EFP, which would enable the applicants to investigate the feasibility of using a trawl net with buoyant ground cables and a buoyant sweep to reduce seabed contact and improve species selectivity, would allow for exemptions for one vessel from the Northeast Multispecies Fishery Management Program as follows: Gulf of Maine
(GOM)Rolling Closure Areas II, III, and IV. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs. DATES: Comments must be received on or before May 21, 2008. ADDRESSES: Written comments should be sent to Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope “Comments on the Buoyant Ground Cables Study.” Comments may also be sent via facsimile
(fax)to
(978)281-9135, or submitted via e-mail to the following address: *DA8-070@noaa.gov* . FOR FURTHER INFORMATION CONTACT: Edward Stern, Fishery Management Specialist,
(978)281-9177, fax
(978)281-9135. SUPPLEMENTARY INFORMATION: An EFP application for this project was submitted on March 6, 2008, by Kelo Pinkham of the F/V JEANNE C (Permit #230524). The project, which extends previous work conducted by the applicants, has been refined since originally receiving a development grant in 2003 and included both flume tank trials and at-sea trials. An EFP issued in 2006, for calendar year 2007, authorized a total of 25 days of sampling for two vessels. An experimental otter trawl net, with floats incorporated along both the ground cables and the sweep, as well as drop chains integrated along the sweep, was constructed and flume tank tested in 2007. One vessel, the F/V OCEAN REPORTER (Permit #221596), completed 5 days of research in 2007. Due to unexpected research difficulties, the F/V JEANNE C only completed 5 out of the additional 20 research days remaining. To complete this research project, Kelo Pinkham of the F/V JEANNE C submitted a second EFP application after the first EFP's expiry on December 1, 2007. This is a joint project with Dana Morse of Maine Sea Grant and is funded by the Northeast Consortium (NEC). The primary goal of the research is to develop and test a trawl net with buoyant ground cables and a buoyant sweep to reduce seabed contact and increase species selectivity. The intent of the applicant is that the experimental net, if successful, could potentially be suitable for fishing in areas requiring a haddock separator trawl and/or fishing in areas of hard bottom with the use of mid-water doors. This EFP would be issued to the F/V JEANNE C to conduct 15 at-sea days of experimental fishing in an area northeast of the Western GOM Closure Area and northwest of the Cashes Ledge Closure Area (see Table 1). All fishing would be conducted outside of the Western GOM Closure Area and the Cashes Ledge Closure Area. This vessel is expected to make a total of 60 tows, fishing 4 tows per day, each of 2 hours in duration. Two of the tows per day would be fished with standard gear, and two would be fished with modified gear. Researchers intend to complete this project within 1 year of the date of issuance. Table 1: Corner Coordinates for Experimental Fishing Area by F/V JEANNE C Point Latitude Longitude 1 43°40′ N 69°00′ W 2 43°40′ N 70°00′ W 3 43°20′ N 69°00′ W 4 43°20′ N 70°00′ W 5 43°40′ N 69°00′ W The applicants have asked for an exemption to the regulations at 50 CFR 648.81(f)(1)(ii) through (iv), i.e., GOM Rolling Closure Areas II, III, and IV, respectively, due to a belief that there will be a better mixture of flounders, pollock, haddock, and cod present in the waters of the western GOM during these seasonal closures for testing the experimental gear. During the 15 at-sea days of comparative fishing trials, the F/V JEANNE C would use A days-at-sea
(DAS)and would be subject to all day and trip possession limits. All fish caught would be weighed and as many fish as possible would be measured. All undersized fish or fish that cannot legally be caught would be returned to the sea as quickly as practicable after measurement. The overall catch estimates expected for the remainder of this project under this EFP can be found in Table 2. The applicants anticipate a total harvest of 20,700 lb (9,389 kg), and an additional 10,100 lb (4,581.4 kg) of discards. The estimated GOM cod catch for the proposed number of DAS during this EFP would be 55 percent of the current daily possession limit of 800 lb (362.9 kg) for the proposed number of DAS. All legal-sized fish, within the possession limit, would be sold, with the proceeds returned to the NEC for the purpose of enhancing future research. The anticipated monkfish harvest is purposefully set at the maximum allowed for 15 DAS because the experimental trawl is designed to reduce flatfish, not monkfish, catch. If the researchers set over an area with monkfish, they do not anticipate any significant reductions in monkfish catch between a standard trawl and the experimental trawl. Table 2: Estimated Catch and Discards by Species lb
(kg)Species Harvest Discards Haddock 6,000 (2,721.6) 600 (272.2) Cod 6,000 (2,721.6) 600 (272.2) Monkfish 4,500 (2,041.2) 900 (408.2) Grey Sole 900 (408.2) 100 (45.4) Pollock 600 (272.2) 50 (22.7) American Plaice 600 (272.2) 100 (45.4) Winter Flounder 300 (136.1) 100 (45.4) Redfish 1,200 (544.3) 300 (136.1) Whiting 300 (136.1) 50 (22.7) Hake sp. 300 (136.1) 100 (45.4) Dogfish 0
(0)3,000 (1,360.8) Skate sp. 0
(0)2,400 (1,088.6) Lumpfish 0
(0)600 (272.2) Lobster 0
(0)600 (272.2) Crab sp. 0
(0)600 (272.2) The applicants may request minor modifications and extensions to the EFP throughout the course of research. EFP modifications and extensions may be granted without further public notice if they are deemed essential to facilitate completion of the proposed research and result in only a minimal change in the scope or impacts of the initially approved EFP request. In accordance with NAO Administrative Order 216-6, a Categorical Exclusion or other appropriate NEPA document would be completed prior to the issuance of the EFP. Further review and consultation may be necessary before a final determination is made to issue the EFP. After publication of this document in the **Federal Register** , the EFP, if approved, may become effective following the public comment period. Authority: 16 U.S.C. 1801 *et seq.* Dated: May 1, 2008. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-9967 Filed 5-5-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Draft Management Plan and Environmental Assessment for the Gerry E. Studds Stellwagen Bank National Marine Sanctuary: Notice of Public Availability and Meetings AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of public availability and meetings. SUMMARY: In accordance with section 304(e) of the National Marine Sanctuaries Act, as amended,
(NMSA)NOAA is soliciting public comment on the draft management plan and draft environmental assessment for the Gerry E. Studds Stellwagen Bank National Marine Sanctuary. DATES: *Comments:* Comments on the draft management plan and draft environmental assessment will be considered if received on or before August 4, 2008. *Public meetings:* See SUPPLEMENTARY INFORMATION section below for the dates and locations for the public meetings. ADDRESSES: *To obtain a copy:* For a copy of the draft management plan and draft environmental assessment, contact the Management Plan Review Coordinator, Stellwagen Bank National Marine Sanctuary, 175 Edward Foster Rd., Scituate, MA 02066. Copies can also be downloaded from the SBNMS Web site at *http://stellwagen.noaa.gov.* *To submit comments:* Comments on the draft management plan and draft environmental assessment may be submitted by one of the following methods: 1. In writing to the SBNMS Management Plan Review Coordinator (see *to obtain a copy* section above); 2. By e-mail to *sbplan@noaa.gov;* or 3. By providing comments (oral or written) at one of the public meetings (see public meetings section below). *Public meetings:* See SUPPLEMENTARY INFORMATION section for the dates and locations for the public meetings. FOR FURTHER INFORMATION CONTACT: Benjamin Cowie-Haskell at
(781)545-8026 or via e-mail at *sbplan@noaa.gov.* SUPPLEMENTARY INFORMATION: Background Information Congress designated the Gerry E. Studds Stellwagen Bank National Marine Sanctuary (sanctuary or SBNMS) through the Oceans Act of 1992 (November 4, 1992; Public Law 102-587 at section 2202). In 1993, the National Oceanic and Atmospheric Administration
(NOAA)issued final regulations and released a final management plan and environmental impact statement
(EIS)to implement this designation (NOAA 1993). Section 304(e) of the NMSA requires NOAA to review its management plans for national marine sanctuaries every five years, and to evaluate the substantive progress toward implementing the management plans and goals for each sanctuary, especially the effectiveness of site-specific management techniques (16 U.S.C. 1434(e)). In accordance with this requirement, NOAA initiated a review of the SBNMS management plan in 1998. This review was done in cooperation with members of the Sanctuary Advisory Council (SAC), a group formed of members of the public to provide advice to the sanctuary superintendent on the management and protection of sanctuary resources. The review was delayed two years due to a change in sanctuary management. NOAA restarted the review in June of 2002 with the publication of the “State of the Sanctuary Report,” which set the stage for the scoping meetings and public comment period that ended on October 18, 2002. The review revealed that many of the initial goals and objectives of the original 1993 management plan had been met; however, in some areas these goals and objectives were non-specific and general in scope and/or based on limited scientific knowledge. New information about the natural and cultural resources of the sanctuary and the human uses of the resources made it apparent to NOAA that the plan was out-of date and outmoded. NOAA decided to incorporate this new knowledge by developing a new approach to managing the sanctuary, including an updated vision, mission, and statement of goals and objectives. In addition, NOAA revised the content and formatting requirements for all national marine sanctuary management plans. The ultimate purpose of this revised draft management plan is to update NOAA's approach to managing, protecting, and restoring the resources of the sanctuary pursuant to the purposes and policies of the NMSA. In April 2007, a report on the condition of sanctuary resources was released for public review and set the stage for this draft management plan. Management Plan Contents The SBNMS draft management plan serves as a non-regulatory policy framework for addressing the issues facing the sanctuary over the next five years. It lays the foundation for restoring and protecting the sanctuary's ecosystem; details the human pressures that threaten the qualities and resources of the sanctuary; and recommends actions that should be taken both now and in the future to better manage the area and resources. This document provides strategic guidance for management actions and focuses these actions on four priority programmatic areas: capacity building, ecosystem protection, marine mammal protection and maritime heritage management. The eleven action plans detailed in the draft management plan address issues relative to these four areas, and are based extensively on the advice of working groups established by the SAC, cooperative coordination with other government agencies and organizations and ongoing public input. The draft environmental assessment analyzes the environmental impacts of the revised management plan pursuant to the National Environmental Policy Act. In doing so, it analyzes two alternatives: the status quo (no change to the 1993 management plan) and the preferred alternative (revising the 1993 management plan). Public Meetings Public meetings will be held at the following locations and dates: June 5 Portland, ME University of Southern Maine Law School, Talbot Lecture Hall, 88 Bedford Street. June 9 Wenham, MA Gordon College, Lane Student Center, President's Dining Room, 255 Grapevine Road. June 10 Boston, MA Boston University, School of Management, 4th Floor, Rooms 426 and 428, 595 Commonwealth Ave. June 11 Plymouth, MA Hilton Garden Inn Plymouth, Plymouth Rooms 1 and 2, Four Home Depot Drive. June 12 Hyannis, MA The Cape Codder Resort, JFK Ballroom, 1225 Iyanough Road, Route 132 & Bearse's Way. June 16 Portsmouth, NH Sheraton Portsmouth Harborside Hotel, Harbor's Edge Room, 250 Market Street. June 17 North Dartmouth, MA University of Massachusetts—Dartmouth, Woodland Common, 285 Old Westport Road. June 19 Mystic, CT Mystic Aquarium, Main Exhibit Hall, 55 Coogan Boulevard. Dated: April 21, 2008. Daniel J. Basta, Director, Office of National Marine Sanctuaries. [FR Doc. E8-9977 Filed 5-5-08; 8:45 am] BILLING CODE 3510-NK-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XH68 Gulf of Mexico Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The Gulf of Mexico Fishery Management Council will convene a joint meeting of The Standing and Special Reef Fish SSCs (SSC). DATES: The Joint Standing and Special Reef Fish SSC meeting will begin at 1:30 p.m. on Tuesday, May 27, 2008 and conclude by 3 p.m. on Thursday, May 29, 2008. ADDRESSES: The meeting will be held at the Quorum Hotel, 700 N. Westshore Blvd., Tampa, FL 33609; telephone:
(813)289-8200. *Council address* : Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Steven Atran, Population Dynamics Statistician; Gulf of Mexico Fishery Management Council; telephone:
(813)348-1630. SUPPLEMENTARY INFORMATION: The Joint Standing and Special Reef Fish SSC will meet to review scientific information on the Gulf of Mexico gag and red grouper stocks, and to review draft Reef Fish Amendment 29 dealing with grouper and tilefish effort management. At the April 7-11, 2008 Council meeting, the Council heard an outside review of the gag stock assessment by Dr. Trevor Kenchington, Gadus Associates, in which it was suggested that overfishing of gag had ended in 2006. The Council also heard a review of the assessment from the Southeast Fisheries Science Center (SEFSC), along with updated indices of abundance which suggested that, after peaking in 2004, the gag and red grouper stock levels are again declining. The SSC will review and discuss the information from Dr. Kenchington and the SEFSC, and will advise the Council with regard to recent trends in abundance of gag and red grouper, current estimates of spawning stock biomass (SSB), current estimates of natural mortality, the extent to which reduced effort and/or reduced SSB are contributing to a reduction in landings, and recommendations for appropriate catch levels. The SSC will also review the appropriate baseline to use when determining percent reductions needed in harvest. If time permits, the SSC will also review a red grouper yield per recruit analyses which was prepared last fall by the SEFSC but has not yet been reviewed by the SSC. The SSC will also review the alternatives in draft Reef Fish Amendment 29. This Amendment proposes to rationalize effort and reduce overcapacity in the commercial Gulf of Mexico grouper and tilefish fisheries in order to achieve and maintain optimum yield. Approaches being considered include permit endorsements and individual fishing quotas. Copies of the agenda and other related materials can be obtained by calling
(813)348-1630. Although other non-emergency issues not on the agenda may come before the SSCs for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), those issues may not be the subject of formal action during this meeting. Actions of the SSCs will be restricted to those issues specifically identified in the agenda and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Tina Trezza at the Council (see ADDRESSES ) at least 5 working days prior to the meeting. Dated: May 1, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-9913 Filed 5-5-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XH66 New England Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Survey Advisory Panel in May, 2008 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. DATES: This meeting will be held on Wednesday, May 21, 2008, at 9 a.m. ADDRESSES: This meeting will be held at the Holiday Inn, 700 Myles Standish Boulevard, Taunton, MA 02780; telephone:
(508)823-0430; fax:
(508)880-6480. *Council address* : New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone:
(978)465-0492. SUPPLEMENTARY INFORMATION: The panel will discuss planning and coordination of calibration surveys to be conducted this summer on the R/V Hugh Sharp and other vessels. The Panel will also continue its evaluation of potential development and integration of new optical and acoustic technology into the annual resource survey, as well as discuss potential expansion of coordinated state and other surveys to augment the annual National Marine Fishery Service scallop survey. The panel may discuss other topics at their discretion. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Paul J. Howard, Executive Director, at
(978)465-0492, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 *et seq.* Dated: May 1, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-9911 Filed 5-5-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XH67 New England Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The New England Fishery Management Council's Recreational Advisory Panel will meet to consider possible actions affecting New England groundfish fisheries in the exclusive economic zone (EEZ). DATES: The meeting will be held on Tuesday, May 20, 2008, at 9:30 a.m. ADDRESSES: The meeting will be held at the Holiday Inn, One Newbury Street, Peabody, MA; telephone:
(978)535-4600. *Council address* : New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone:
(978)465-0492. SUPPLEMENTARY INFORMATION: The items of discussion in the panel's agenda are as follows: The Recreational Advisory Panel will meet to review draft Amendment 16 management measures and develop recommendations for the Groundfish Committee's consideration.Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Paul J. Howard (see ADDRESSES ) at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 *et seq.* Dated: May 1, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-9912 Filed 5-5-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XH69 Pacific Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. SUMMARY: The Pacific Fishery Management Council's (Council) Salmon Advisory Subpanel
(SAS)and Salmon Technical Team
(STT)will hold work sessions by telephone conference, which are open to the public, to develop recommendations for the June 2008 Council meeting. DATES: The Salmon Advisory Subpanel telephone conference will be held Wednesday, June 4, 2008, from 1 p.m. to 4 p.m. The Salmon Technical Team telephone conference will be held on Thursday, June 5, 2008, from 9 a.m. to 1 p.m. ADDRESSES: A listening station for both teleconferences will be available at the Pacific Fishery Management Council, Small Conference Room, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384; telephone:
(503)820-2280. *Council address* : Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384. FOR FURTHER INFORMATION CONTACT: Mr. Chuck Tracy, Salmon Management Staff Officer, Pacific Fishery Management Council:
(503)820-2280. SUPPLEMENTARY INFORMATION: The purpose of the work session is to review information in the Council's June meeting briefing book related to salmon management, and to develop comments and recommendations for consideration at the June 2008 Council meeting.Although non-emergency issues not contained in the meeting agenda may come before these groups for discussion, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Ms. Carolyn Porter at
(503)820-2280 at least 5 days prior to the meeting date. Dated: May 1, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-9914 Filed 5-5-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XH58 Pacific Halibut Fishery; Guideline Harvest Levels for the Guided Recreational Halibut Fishery; Correction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; correction. SUMMARY: NMFS published a notice of Pacific halibut guideline harvest levels
(GHLs)for the guided sport charter vessel fishery in the International Pacific Halibut Commission regulatory areas 2C and 3A in the **Federal Register** on February 5, 2008 (73 FR 6709). This notice contained an incorrect metric conversion for the Area 2C GHL. FOR FURTHER INFORMATION CONTACT: Julie Scheurer,
(907)586-7356, or email at *julie.scheurer@noaa.gov* . Correction In the **Federal Register** of February 5, 2008 (73 FR 6709), on page 6710, in the first column, second paragraph, correct the fourth sentence to read: The corresponding GHLs are 931,000 lb (422.3 mt) in Area 2C, and 3,650,000 lb (1,655.6 mt) in Area 3A. Dated: April 28, 2008. Emily H. Menashes Acting Director, Office of Sustainable Fisheries , National Marine Fisheries Service. [FR Doc. E8-9869 Filed 5-5-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-ZB93 Vessel Monitoring Systems (VMS); Revision of the Enhanced Mobile Transmitter Unit (E-MTU) Reimbursement Program AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. SUMMARY: NMFS revises the availability of grant funds for vessel owners and/or operators who have purchased an Enhanced Mobile Transmitter Unit (E-MTU) for the purpose of complying with fishery regulations requiring the use of Vessel Monitoring Systems (VMS). These funds will be used to reimburse vessel owners and/or operators for the purchase price of the E-MTU. This notice supersedes all previous notices on VMS MTU or E-MTU reimbursement. FOR FURTHER INFORMATION CONTACT: For current listing information, questions regarding VMS installation or activation checklists, contact the VMS Support Center, NOAA Fisheries Office for Law Enforcement (OLE), 8484 Georgia Avenue, Suite 415, Silver Spring, MD 20910, phone 888-219-9228, fax 301-427-0049. For questions regarding E-MTU type approval or information regarding the status of VMS systems being evaluated by NOAA for approval, contact Jonathan Pinkerton, National VMS Program Manager, phone 301-427-2300; fax 301-427-2055. For questions regarding reimbursement applications contact Randy Fisher, Executive Director, Pacific States Marine Fisheries Commission (PSMFC), 205 SE Spokane Street, Suite 100, Portland, OR 97202, phone 503-595-3100, fax 503-595-3232. SUPPLEMENTARY INFORMATION: I. Funding Opportunity Description This reimbursement opportunity is available to fishing vessel owners and/or operators that have purchased an approved E-MTU device in order to comply with fishery regulations developed in accordance with 16 U.S.C. 1801 *et seq.* Only those vessel owners and/or operators purchasing an E-MTU for compliance with fishery management regulations are eligible for this funding opportunity. The reimbursable expense is the purchase price of a type-approved E-MTU for which the owner and/or operator holds a valid commercial fishing permit or license, not to exceed a maximum of $3,100.00. II. Eligibility To be eligible to receive reimbursement vessel owners and/or operators must first purchase an E-MTU type-approved for a VMS required fishery from an authorized E-MTU dealer and receive a receipt of purchase from the authorized E-MTU dealer. The vessel owner and/or operator must have the E-MTU properly installed by an authorized dealer or installer on the vessel and activated utilizing a type-approved communications provider. Upon completion of the installation and activation process, the vessel owner and/or operator must contact the VMS Support Center by calling 888-219-9228 to ensure the vessel is properly activated and registered in the VMS system. OLE does not consider a vessel in compliance with activation and registration procedures until the E-MTU signal has been received and processed by OLE. Vessel owners and/or operators must not be in arrears with a payment owed to the Agency for a civil monetary penalty. Affected vessel owners and/or operators may become eligible for the reimbursement if the outstanding penalty is paid in full within 30 days of the denial of the reimbursement. After payment, vessel owners and/or operators must contact the VMS Support Center and provide documentation to support the defrayment of the penalty to receive a confirmation code for reimbursement purposes. III. Process Vessel owners and/or operators that have purchased an E-MTU, and have validated their compliance with the applicable regulations through OLE, may contact the PSMFC, 205 SE Spokane Street, Suite 100, Portland, Oregon 97202, phone 503-595-3100, fax 503-595-3232, for a reimbursement application. Once the application is received and completed by the vessel owner and/or operator, it must be returned to PSMFC along with proof of eligibility in order to qualify for an award. The minimum required proof of eligibility includes proof of authorized operation of a commercial fishing vessel in a VMS required fishery; purchase receipt from an authorized E-MTU dealer, purchase price of a type-approved E-MTU; and a valid compliance confirmation code issued by OLE. Additional documentation may be required for eligibility in particular fisheries. Vessel owners and/or operators should contact PSFMC for a complete listing documentation requirements. Vessel owners and/or operators are not restricted as to which type-approved E-MTU device they can purchase. However, the amount of the reimbursement will be limited to the cost of the E-MTU type-approved for the fishery, and will not exceed a maximum of $3,100.00. Vessel owners and/or operators are encouraged to compare the features of all E-MTU devices type-approved for the VMS required fishery of interest and explore finance options prior to making a purchase decision. Reimbursement is limited to the cost of purchasing one E-MTU per registered vessel. Dated: April 30, 2008. Samuel D. Rauch III Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. E8-9994 Filed 5-5-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE Department of the Air Force U.S. Air Force Academy Board of Visitors Meeting AGENCY: Department of the Air Force, U.S. Air Force Academy Board of Visitors. ACTION: Notice of meeting. SUMMARY: Pursuant to 10 U.S.C. 9355, the U.S. Air Force Academy (USAFA) Board of Visitors
(BoV)will meet in the Russell Senate Office Building (note, this is a new meeting location), Washington, DC, on 8 May 2008. The purpose of this meeting is to review morale and discipline, curriculum, instruction, physical equipment, fiscal affairs, academic methods, and other matters relating to the Academy. Meeting sessions will begin at 9 a.m. on 8 May 2008, in room 232-A of the Russell Senate Office Building, Washington, DC. Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102-3.155, the Department of Defense has determined that a portion of this meeting shall be closed to the public. The Administrative Assistant to the Secretary of the Air Force, in consultation with the Office of the Air Force General Counsel, has determined that one portion of this meeting be closed to the public because it will involve matters covered by subsection (c)(6) of 5 U.S.C. 552b. Public attendance at the open portions of this USAFA BoV meeting shall be accommodated on a first-come, first-served basis up to the reasonable and safe capacity of the meeting room. In addition, any member of the public wishing to provide input to the USAFA BoV should submit a written statement in accordance with 41 CFR 102-3.140(c) and section 10(a)(3) of the Federal Advisory Committee Act
(FACA)and the procedures described in this paragraph. Written statements must address the following details: the issue, discussion, and a recommended course of action. Supporting documentation may also be included as needed to establish the appropriate historical context and provide any necessary background information. Written statements can be submitted to the Designated Federal Officer
(DFO)at the address detailed below at any time. However, if a written statement is not received at least 10 days before the first day of the meeting which is the subject of this notice, then it may not be provided to, or considered by, the BoV until its next open meeting. The DFO will review all timely submissions with the BoV Chairperson and ensure they are provided to members of the BoV before the meeting that is the subject of this notice. For the benefit of the public, rosters that list the names of BoV members and any releasable materials presented during open portions of this BoV meeting shall be made available upon request. If, after review of timely submitted written comments, the BoV Chairperson and DFO deem appropriate, they may choose to invite the submitter of the written comments to orally present their issue during an open portion of the BoV meeting that is the subject of this notice. Members of the BoV may also petition the Chairperson to allow specific persons to make oral presentations before the BoV. Any oral presentations before the BoV shall be in accordance with 41 CFR 102-3.140(c), section 10(a)(3) of the FACA, and this paragraph. The DFO and BoV Chairperson may, if desired, allot a specific amount of time for members of the public to present their issues for BoV review and discussion. Direct questioning of BoV members or meeting participants by the public is not permitted except with the approval of the DFO and Chairperson. FOR FURTHER INFORMATION CONTACT: Or to attend this BoV meeting, contact Mr. Scotty Ashley, USAFA Programs Manager, Directorate of Airman Development and Sustainment, Deputy Chief of Staff, Manpower and Personnel, AF/A1DOA, 1040 Air Force Pentagon, Washington, DC 20330-1040,
(703)695-3594. Bao-Anh Trinh, Air Force Federal Register Liaison Officer. [FR Doc. E8-9928 Filed 5-5-08; 8:45 am] BILLING CODE 5001-05-P DEFENSE NUCLEAR FACILITIES SAFETY BOARD FOIA Fee Schedule Update AGENCY: Defense Nuclear Facilities Safety Board. ACTION: Notice. SUMMARY: The Defense Nuclear Facilities Safety Board is publishing its annual update to the Freedom of Information Act
(FOIA)Fee Schedule pursuant to 10 CFR 1703.107(b)(6) of the Board's regulations. EFFECTIVE DATE: May 1, 2008. FOR FURTHER INFORMATION CONTACT: Brian Grosner, General Manager, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004-2901,
(202)694-7060. SUPPLEMENTARY INFORMATION: The FOIA requires each Federal agency covered by the Act to specify a schedule of fees applicable to the processing of requests for agency records. 5 U.S.C. 552(a)(4)(A)(i). On March 15, 1991, the Board published for comment in the **Federal Register** its proposed FOIA Fee Schedule. 56 FR 11114. No comments were received in response to that notice, and the Board issued a final Fee Schedule on May 6, 1991. Pursuant to 10 CFR 1703.107(b)(6) of the Board's regulations, the Board's General Manager will update the FOIA Fee Schedule once every 12 months. Previous Fee Schedule updates were published in the **Federal Register** and went into effect, most recently, on May 21, 2007, 72 FR 28477. Board Action Accordingly, the Board issues the following schedule of updated fees for services performed in response to FOIA requests: Defense Nuclear Facilities Safety Board Schedule of Fees for FOIA Services [Implementing 10 CFR 1703.107(b)(6)] Search or Review Charge $72.00 per hour. Copy Charge (paper) $.12 per page, if done in-house, or generally available commercial rate (approximately $.10 per page). Electronic Media $5.00. Copy Charge (audio cassette) $3.00 per cassette. Duplication of DVD $25.00 for each individual DVD; $16.50 for each additional individual DVD. Copy Charge for large documents (e.g., maps, diagrams) Actual commercial rates. Dated: April 23, 2008. Brian Grosner, General Manager. [FR Doc. E8-9955 Filed 5-5-08; 8:45 am] BILLING CODE 3670-01-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 July 7, 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 30, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* New. *Title:* Teachers' Use of Educational Technology in U.S. Public Schools. *Frequency:* One time. *Affected Public:* Individuals or household; State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 5,400. *Burden Hours:* 2,100. *Abstract:* This survey will collect information from a sample of 4,000 public elementary and secondary school teachers about their use of education technology. The survey will ask about teachers' use of technology in their teaching; their preparation to use these technologies; and how well prepared they feel to use these technologies. 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 3677. 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. E8-9920 Filed 5-5-08; 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 June 5, 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 30, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* Reinstatement. *Title:* Adult ESL Literacy Impact Study. *Frequency:* On occasion; weekly. *Affected Public:* Individuals or household. *Reporting and Recordkeeping Hour Burden:* Responses: 2,427. Burden Hours: 403. *Abstract:* The Adult ESL Literacy Impact Study is an evaluation of the effectiveness of a literacy curriculum in improving the English reading and speaking skills of adult ESL learners who have low levels of literacy in their native language. This evaluation employs a random assignment design to compare the outcomes of adult learners who receive the literacy instruction to those who receive the instruction that is normally provided through adult education programs. 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 3580. 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. E8-9921 Filed 5-5-08; 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 June 5, 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 30, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* Revision. *Title:* Integrated Postsecondary Education Data System (IPEDS), Web-Based Collection System. *Frequency:* Annually. *Affected Public:* Private Sector; not-for-profit institutions; businesses or other for-profit; State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* Responses: 52,040. Burden Hours: 162,943. *Abstract:* IPEDS is a Web-based system designed to collect basic data from all postsecondary institutions in the United States and the other jurisdictions. IPEDS allows NCES to describe the size of one of the nation's largest enterprises, postsecondary education, in terms of students enrolled, degrees and other awards earned, dollars expended, and staff employed. IPEDS incorporates technological improvements into the collection that enhance data submission and data availability. The IPEDS Web-based data collection system was implemented in 2000-01, and it collects basic data from approximately 6,600 postsecondary institutions in the United States and other jurisdictions that are eligible to participate in Title IV Federal financial aid programs. All Title IV institutions are required to respond to IPEDS (Section 490 of the Higher Education Amendments of 1992 (Pub. L. 102-325)). IPEDS allows other (non-Title IV) institutions to participate on a voluntary basis, but only about 200 elect to respond. 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 3568. 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. E8-9923 Filed 5-5-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION National Assessment Governing Board; Meeting AGENCY: Department of Education, National Assessment Governing Board. ACTION: Notice of Open Meeting and Partially Closed Meetings. SUMMARY: The notice sets forth the schedule and proposed agenda of a forthcoming meeting of the National Assessment Governing Board. This notice also describes the functions of the Board. Notice of this meeting is required under Section 10(a)(2) of the Federal Advisory Committee Act. This document is intended to notify members of the general public of their opportunity to attend. Individuals who will need special accommodations in order to attend the meeting (i.e.; interpreting services, assistive listening devices, materials in alternative format) should notify Munira Mwalimu at 202-357-6938 or at *Munira.Mwalimu@ed.gov* no later than May 5, 2008. We will attempt to meet requests after this date, but cannot guarantee availability of the requested accommodation. The meeting site is accessible to individuals with disabilities. Dates: May 15-17, 2008 Times May 15 Committee Meeting *Assessment Development Committee:* Open Session 1-2:30 p.m. *Ad Hoc Committee:* Open Session—2:30 p.m. to 4:15 p.m. *Executive Committee:* Open Session—4:30 p.m. to 5 p.m.; Closed Session—5 p.m. to 6 p.m. May 16 *Full Board:* Open Session—8:30 a.m. to 9 a.m..; Closed Session—12 p.m. to 1 p.m.; Open Session—1 p.m. to 3:45 p.m. Committee Meetings *Assessment Development Committee:* Closed Session—9 a.m. to 11:30 a.m.; Open Session—11:30 a.m.-12 p.m. *Committee on Standards, Design and Methodology:* Closed Session—9 a.m. to 10:30 p.m.; Open Session 10:30 a.m.—12 p.m. *Reporting and Dissemination Committee:* Open Session—9 a.m. to 12 p.m.; May 17 *Nominations Committee:* Closed Session—8:15 a.m. to 8:45 a.m. *Full Board:* Open Session—9 a.m. to 12 p.m. *Location:* Roosevelt Hotel, 45 East 45th Street and Madison Avenue, NewYork, NY 10017. FOR FURTHER INFORMATION CONTACT: Munira Mwalimu, Operations Officer, National Assessment Governing Board, 800 North Capitol Street, NW., Suite 825, Washington, DC, 20002-4233, Telephone:
(202)357-6938. SUPPLEMENTARY INFORMATION: The National Assessment Governing Board is established under section 412 of the National Education Statistics Act of 1994, as amended. The Board is established to formulate policy guidelines for the National Assessment of Educational Progress (NAEP). The Board's responsibilities include selecting subject areas to be assessed, developing assessment specifications and frameworks, developing appropriate student achievement levels for each grade and subject tested, developing standards and procedures for interstate and national comparisons, developing guidelines for reporting and disseminating results, and releasing initial NAEP results to the public. On Thursday May 15 from 1 p.m. to 2:30 p.m. the Assessment Development Committee will meet in open session. The Ad Hoc Committee on NAEP Testing and Reporting on Students with Disabilities and English Language Learners will meet in open session from 2:30 p.m. to 4:15 p.m. and the Executive Committee will meet in open session from 4:30 p.m. to 5 p.m. From 5 p.m. to 6 p.m. the Executive Committee will meet in closed session to receive a briefing from the National Center for Education Statistics on options for the National Assessment of Educational Progress
(NAEP)contracts covering the 2008-2012 assessment years, based on funding for Fiscal Year 2010. The discussion of contract options and costs will address the implications for congressionally mandated goals and adherence to Board policies on NAEP assessments. This part of the meeting must be conducted in closed session because public discussion of this information would disclose independent government cost estimates and contracting options, adversely impacting the confidentiality of the contracting process. Public disclosure of information discussed would significantly impede implementation of the NAEP contract awards, and is therefore protected by exemption 9(B) of section 552b(c) of Title 5 U.S.C. On May 16, the full Board will meet in open session from 8:30 a.m. to 9 a.m. The Board will approve the agenda and the March 2008 Board minutes. Thereafter, the Governing Board will receive a report from the Executive Director of the Governing Board, and hear an update on the work of the National Center for Education Statistics (NCES). On May 16, the Board's standing committees—the Assessment Development Committee, the Committee on Standards, Design and Methodology, and the Reporting and Dissemination Committee will meet from 9 a.m. to 12 p.m. The Assessment Development Committee will meet in closed session from 9 a.m. to 11:30 a.m. on Friday, May 16, and in open session from 11:30 a.m. to noon. The closed session is required to allow the Committee to discuss procurements for developing new NAEP frameworks in world history and technological literacy; to receive a briefing on an NCES reading content alignment study; and to review secure NAEP science pilot items for the 2009 assessment. The meeting must be conducted in closed session to allow the Committee to discuss confidential procurement information involving statements of work for new NAEP frameworks; to review results of a reading content alignment study of secure NAEP items for the 2009 reading assessment, and to review secure science pilot items for grades 4, 8, and 12 for the 2009 NAEP assessment. Public disclosure of the framework procurement information, prior to release of the Request for Proposals, would provide unfair advantage to potential bidders present at the meeting. This would significantly impede implementation of the NAEP program, and is therefore protected by exemption 9(B) of section 552b(c) of Title 5 U.S.C. The reading content alignment discussion and review of science pilot items must be conducted in closed session as disclosure of proposed test items for the reading and science assessments would significantly impede implementation of the NAEP program, and is therefore protected by exemption 9(B) of section 522b(c) of Title 5 U.S.C. From 11:30 to noon the Committee will meet in open session. The Committee on Standards, Design and Methodology will meet in closed session from 9 a.m. to 10:30 a.m. on Friday, May 16, and in open session from 10:30 a.m. to noon. The closed session is required to allow the Committee to discuss procurements for setting achievement levels on the 2009 NAEP subjects and trend implications for this work. The meeting must be conducted in closed session in order to allow the Committee to discuss confidential procurement options for structuring the work statements. Public disclosure of this information, prior to release of the Request for Proposals, would provide unfair advantage to potential bidders present at the meeting. This would significantly impede implementation of the NAEP program, and is therefore protected by exemption 9(B) of section 552b(c) of Title 5 U.S.C. The Reporting and Dissemination Committee will meet in open session from 9 a.m.-12 p.m. The full Board will meet in closed session on May 16 from 12 p.m. to 1 p.m. to receive a briefing from the National Center of Education Statistics on results of the National Indian Education Study conducted by NAEP which has not been released to the public. The Governing Board will be provided with embargoed data on the results of the Indian Education Study that cannot be discussed in an open meeting prior to their official release. The meeting must therefore be conducted in closed session as premature disclosure of data would significantly impede implementation of the NAEP program, and is therefore protected by exemption 9(B) of section 552b(c) of Title 5 U.S.C. On May 16, from 1 p.m. to 3:45 p.m. the full Board will meet in open session to hear a presentation from the Commissioner, New York State Education Department. The Board will also hear a panel discussion on New York State and New York City Schools to address issues related to standards and assessments. The May 16 session of the Board meeting is scheduled to adjourn at 3:45 p.m. On May 17, the Nominations Committee will meet in closed session from 8:15 a.m. to 8:45 a.m. to review and discuss confidential information regarding nominees received/submitted for Board vacancies for terms beginning on October 1, 2008. These discussions pertain solely to internal personnel rules and practices of an agency and will disclose information of a personal nature where disclosure would constitute an unwarranted invasion of personal privacy. As such, the discussions are protected by exemptions 2 and 6 of section 552b(c) of Title 5 U.S.C. The full Board will meet in open session on May 17 from 9 a.m. to 12 p.m. to hear a presentation on “Inside the NAEP Black Box: Unraveling NAEP's Psychometric Mysteries.” From 10:15 a.m. to 12 p.m. the Board will receive and take action on Committee reports. The May 17, 2008, session of the Board meeting will adjourn at 12 p.m. Detailed minutes of the meeting, including summaries of the activities of the closed sessions and related matters that are informative to the public and consistent with the policy of section 5 U.S.C. 552b(c) will be available to the public within 14 days of the meeting. Records are kept of all Board proceedings and are available for public inspection at the U.S. Department of Education, National Assessment Governing Board, Suite #825, 800 North Capitol Street, NW., Washington, DC, from 9 a.m. to 5 p.m. Eastern Standard Time, Monday through Friday. *Electronic Access to This Document:* You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format (PDF), on the Internet at the following site: *http://www.ed.gov/news/fedregister/index.html.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Dated: May 1, 2008. Charles E. Smith, Executive Director, National Assessment Governing Board, U.S. Department of Education. [FR Doc. E8-9946 Filed 5-5-08; 8:45 am] BILLING CODE 4000-01-P ELECTION ASSISTANCE COMMISSION Sunshine Act Notice AGENCY: United States Election Assistance Commission (EAC). ACTION: Notice of Public Meeting Roundtable Discussion. Date AND Time: Monday, May 5, 2008, 9 a.m.-2 p.m. (EST). Place: United States Election Assistance Commission, 1225 New York, Ave, NW., Suite 150, Washington, DC 20005. Agenda: The Commission will host an interdisciplinary roundtable discussion of the Technical Guidelines Committee's
(TGDC)recommended Voluntary Voting System Guidelines. The discussion will be focused upon the following topics:
(1)The cost implications of the proposed VVSG;
(2)the effect of the new standards on the time in process for voting systems;
(3)increasing the efficiency of testing;
(4)the possible implementation time of the next iteration of the VVSG;
(5)Innovation in voting technology;
(6)Risks associated with voting system technology;
(7)prioritizing the needed features of a voting system. This meeting will be open to the public. Person to Contact for Information: Matthew Masterson, Telephone:
(202)566-3100. Thomas R. Wilkey, Executive Director, U.S. Election Assistance Commission. [FR Doc. E8-9753 Filed 5-5-08; 8:45 am] BILLING CODE 6820-KF-M DEPARTMENT OF ENERGY Bonneville Power Administration [BPA File No.: TRM-12] 2012 Tiered Rate Methodology Proceeding; Public Hearings and Opportunities for Public Review and Comment Editorial Note: FR Doc. E8-9572 was originally published at page 24059 in the issue of May 1, 2008. That document was inadvertently published prior to the requested publication date, as stated in an Office of the Federal Register correction notice published at 73 FR 24496, May 2, 2008. FR Doc. E8-9572 is being republished in its entirety in this issue of the **Federal Register** . AGENCY: Bonneville Power Administration (BPA), Department of Energy (DOE). ACTION: Notice of Proposed Tiered Rate Methodology. SUMMARY: BPA is proposing to adopt a new tiered rate design for setting its Priority Firm Power
(PF)rates beginning with the FY 2012-2013 rate period. The primary feature of this Tiered Rate Methodology
(TRM)proposal is one rate tier (Tier 1) based on generation output and costs attributed to BPA's current Federal base system resources and a second rate tier (Tier 2) based on the generation and costs associated with newly acquired resources. The TRM is part of BPA's effort to achieve the overall policy objectives of the Long-Term Regional Dialogue Policy (Policy). Under this Policy, BPA will offer 20-year Regional Dialogue Contracts to its Federal agency and public utility customers for power priced at a tiered PF rate. The TRM is intended to provide customers with a predictable and durable means by which to calculate BPA's PF tiered rate for the term of these contracts. Determinations of specific rate levels applicable to these contracts will not be established in this proceeding. Rather the specific rate levels will be developed consistent with the TRM in the respective Pacific Northwest Electric Power Planning and Conservation Act (Northwest Power Act) section 7(i) rate proceedings during the term of this TRM. BPA intends to set the actual power rates on a two-year cycle throughout the term of the Regional Dialogue contracts beginning with the FY 2012-2013 rate period. BPA is commencing this proceeding under section 7 of the Northwest Power Act to establish the TRM. Entities wishing to become a formal party to the proceeding must file a petition to intervene, notifying BPA in writing of their intention to do so in conformance with the requirements stated in this Notice. DATES: Petitions to intervene must be received no later than 5 p.m., Pacific Daylight Time (PDT), on May 7, 2008. Proposed hearing dates are supplied in Supplementary Information , Part I.A. below. Non-party participants may make written comments between May 2, 2008, and July 10, 2008. Comments must be received by 5 p.m., PDT, on July 10, 2008, in order to be considered in the Record of Decision. ADDRESSES: Petitions to intervene should be directed to Camille Blakely, Hearing Clerk, LP-7, Bonneville Power Administration, 905 NE 11th Avenue, Portland, OR 97232 or by e-mail to: *trm12rate@bpa.gov,* and must be received no later than 5 p.m., PDT, on May 7, 2008. In addition, a copy of the petition must be served concurrently on BPA's General Counsel directed to Peter J. Burger, LP-7, Office of General Counsel, Bonneville Power Administration, 905 NE 11th Avenue, Portland, OR 97232 or by e-mail to: *pjburger@bpa.gov* . (See Part III
(A)for more information.) Written comments can be submitted online at BPA's Web site *http://www.bpa.gov/comment* , or by mail to: BPA Public Affairs, DKE-7, P.O. Box 14428, Portland, OR 97293-4428. Please identify written or electronic comments as “TRM-12 Proceeding” comments. Documents will be available for public viewing after May 9, 2008. The documents are available at: *http://www.bpa.gov/corporate/ratecase* , or at BPA's Public Information Center, BPA Headquarters Building, 1st Floor; 905 NE. 11th, Portland, Oregon, and will be provided to parties on a compact disk
(CD)at the prehearing conference to be held on May 9, 2008, beginning at 1:30 p.m., Room 223, 911 NE. 11th, Portland, Oregon. Due to increased security requirements, attendees should allow additional time to enter the building and complete the required screening process. Photo identification will be required for entry. FOR FURTHER INFORMATION CONTACT: Ms. Nita Burbank, Lead Public Affairs Specialist, Power Policy Development, PFP-6, P.O. Box 3621, Portland, OR 97208. Interested persons may also call 503-230-3458 or 1-800-622-4519 (toll-free). SUPPLEMENTARY INFORMATION: Table of Contents Part I. Introduction and Procedural Background Part II. Policy Guidance and Scope of Hearing Part III. Public Participation Part IV. The Tiered Rates Methodology Part I—Introduction and Procedural Background Section 7(i) of the Northwest Power Act, 16 U.S.C. section 839e(i), requires that BPA's rates be established according to certain procedures. These procedures include, among other things: Publication of a notice of the proposed rates in the **Federal Register** ; one or more hearings conducted as expeditiously as practicable by a Hearing Officer; public opportunity to provide both oral and written views related to the proposed rates; opportunity to offer refutation or rebuttal of submitted material; and a decision by the Administrator based on the record. This proceeding is governed by section 1010 of BPA's Rules of Procedure Governing Rate Hearings, 51 FR 7611
(1986)(BPA Hearing Procedures). These procedures implement the statutory section 7(i) requirements. Section 1010.7 of the BPA Hearing Procedures prohibits *ex parte* communications. The *ex parte* rule applies to all BPA and DOE employees and contractors. Except as provided below, any outside communications with BPA and/or DOE personnel regarding BPA's rate case by other Executive Branch agencies, Congress, existing or potential BPA customers (including tribes), and nonprofit or public interest groups are considered outside communications and are subject to the *ex parte* rule. The general rule does not apply to communications relating to:
(1)Matters of procedure only (the status of the rate case, for example);
(2)exchanges of data in the course of business or under the Freedom of Information Act;
(3)requests for factual information;
(4)matters BPA is responsible for under statutes other than the ratemaking provisions; or
(5)matters that all parties agree may be made on an *ex parte* basis. The ex parte rule remains in effect until the Administrator's Final ROD is issued, which is scheduled to occur on or about September 29, 2008. The Bonneville Project Act, 16 U.S.C. section 832, the Flood Control Act of 1944, 16 U.S.C. 825s, the Federal Columbia River Transmission System Act, 16 U.S.C. section 838, and the Northwest Power Act, 16 U.S.C. section 839, provide guidance regarding BPA ratemaking. The Northwest Power Act requires BPA to set rates that are sufficient to recover, in accordance with sound business principles, the cost of acquiring, conserving and transmitting electric power, including amortization of the Federal investment in the FCRPS over a reasonable period of years, and certain other costs and expenses incurred by the Administrator. BPA's proposed TRM is available for viewing and downloading on BPA's Web site at *http://www.bpa.gov/corporate/ratecase* and is discussed in Part IV below. BPA will be conducting a formal rate proceeding open to rate case parties. Interested parties must file petitions to intervene in order to take part in the formal hearing as discussed in Part III
(A)below. A proposed schedule for the formal process is as follows. The Hearing Officer will establish a final schedule at the prehearing conference. Prehearing/BPA Direct Case 05/09/08 Clarification 05/14-15/08 Motions to Strike 05/16/08 Data Request Deadline 05/16/08 Answers to Motions to Strike 05/22/08 Data Response Deadline 05/22/08 Parties File Direct Cases 06/13/08 Clarification 06/18-19/08 Motions to Strike 06/20/08 Data Request Deadline 06/20/08 Answers to Motions to Strike 06/26/08 Data Response Deadline 06/26/08 Litigants File Rebuttal 07/10/08 Close of Participant Comments 07/10/08 Clarification 07/14-15/08 Motions to Strike 07/16/08 Data Request Deadline 07/16/08 Answers to Motions to Strike 07/22/08 Data Response Deadline 07/22/08 Cross-Examination 07/24-25/08 Initial Briefs Filed 08/04/08 Oral Argument 08/07/08 Draft ROD Issued 09/02/08 Briefs on Exceptions 09/08/08 Final ROD and Final TRM Issued 09/29/08 Part II—Policy Guidance and Scope of Hearing A. Overview and Background The Regional Dialogue process began in April 2002 when a group of BPA's Pacific Northwest electric utility customers submitted a joint customer proposal to BPA that addressed both near-term and long-term contract and rate issues. Since then, BPA, the Northwest Power and Conservation Council (Council), customers, and other interested parties have worked on these near- and long-term issues. Considering the depth and complexity of many of these issues, BPA determined that it would address the issues in two phases. The first phase of the Regional Dialogue, referred to as the Near-Term Policy, addressed issues that had to be resolved in order to replace power rates that expired in September 2006. *See* Bonneville Power Administration's Policy for Power Supply Role for Fiscal Years 2007-2011 (February 2005). The issues in the second phase were addressed in BPA's Long-Term Regional Dialogue Final Policy and Record of Decision, which were published on July 19, 2007. The Long-Term Regional Dialogue Final Policy is expected to be implemented through new power sales contracts and the TRM, which will be established in this rate case. This proposed TRM provides for a two-tiered PF rate design applicable to firm requirements power service for public utility customers that sign a Regional Dialogue Contract that provides for tiered rates. The TRM establishes a predictable and durable means by which to calculate BPA's PF tiered rate, beginning in FY 2012 when power deliveries commence. Tiered rate design differentiates between the costs of service associated with Tier 1 System Resources and the cost associated with additional amounts of power needed to serve any remaining portion of public utility customers' Net Requirement (Tier 2). Rate Period High Water Marks (RHWM), determined according to this TRM, are the basis for determining how much of each customer's Net Requirement purchase from BPA is charged Tier 1 rates and how much may be charged Tier 2 rates. This TRM specifies how rates will be developed that ensure to the maximum extent possible that customers purchasing at Tier 1 rates do not pay any of the costs of serving other public utility customers' above RHWH load. Each customer may purchase up to its RHWM, limited by its Net Requirement, at Tier 1 rates. To meet its above-RHWM load, a customer may purchase Federal power, procure non-Federal power or a combination of the two. To the extent a customer purchases Federal power for its above-RHWM load, a PF Tier 2 rate(s) will be applied to this portion of their Federal power service. B. Scope of the TRM-12 Proceeding This section provides guidance to the Hearing Officer as to those matters that are within the scope of the rate case, and those that are outside the scope. 1. Regional Dialogue Policy and Contracts The design and scope of the power products and issues related to the terms and conditions of the Regional Dialogue contract are not determined in rate cases nor are they established by the TRM. Pursuant to section 1010.3(f) of BPA Hearing Procedures, the Administrator hereby directs the Hearing Officer to exclude from the record any materials attempted to be submitted or arguments attempted to be made in the proceeding that seek to address the design and scope of the power products and terms and conditions of the Regional Dialogue contracts. 2. DSI Service The decision regarding whether BPA will provide service and/or benefits to its Direct Service Industry
(DSI)customers beginning in FY 2012 will be made in a supplemental process as outlined in the Long-Term Regional Dialogue Final Policy. It should be noted that while the decision on DSI service and the manner, if any of such service will be determined in a separate process, the allocation of any cost associated with any DSI service under the TRM is a proper issue in this proceeding. Pursuant to section 1010.3(f) of the BPA Hearing Procedures, the Administrator directs the Hearing Officer to exclude from the record any materials attempted to be submitted or arguments attempted to be made in the proceeding that seek to in any way address the decision to serve the DSIs and the nature and manner of such service, except as any such material is relevant to the issue of the appropriate allocation of any cost associated with any DSI service under the TRM. C. The National Environmental Policy Act 1. Potential Environmental Impacts As discussed in this section, potential environmental impacts of BPA's proposed actions are assessed through appropriate analysis and documentation under the NEPA. The NEPA process is conducted separately from BPA's formal rate proceedings. Therefore, pursuant to section 1010.3(f) of the BPA Hearing Procedures, the Administrator directs the Hearing Officer to exclude from the record all evidence and argument that seek in any way to address the potential environmental impacts of the proposed TRM. 2. The National Environmental Policy Act BPA is in the process of assessing the potential environmental effects that could result from implementation of its proposed TRM, consistent with the National Environmental Policy Act (NEPA). Because this proposal implicates BPA's ongoing business practices, BPA is reviewing the proposal in light of BPA's Business Plan Environmental Impact Statement (Business Plan EIS), completed in June 1995 (DOE/EIS-0183), as refreshed April 2007. This EIS evaluates environmental impacts potentially resulting from a range of business plan alternatives that can be varied by applying policy modules, including modules specifically designed for varying tiered rate methodologies. Any combination of alternative policy modules should allow BPA to balance its costs and revenues. In August 1995, the BPA Administrator issued a Record of Decision (Business Plan ROD) that adopted the Market-Driven Alternative from the Business Plan EIS. This alternative was selected because, among other reasons, it allows BPA to:
(1)Recover costs through rates;
(2)competitively market BPA's products and services;
(3)develop rates that meet customer needs for clarity and simplicity;
(4)continue to meet BPA's legal mandates; and
(5)avoid adverse environmental impacts. In April 2007, BPA completed and issued a Supplement Analysis to the Business Plan EIS. The Supplement Analysis found that the Business Plan EIS's relationship-based and policy-level analysis of potential environmental impacts from BPA's business practices remains valid, and that BPA's current business practices are still consistent with BPA's Market-Driven approach. The Business Plan EIS and ROD thus continue to provide a sound basis for making determinations under NEPA concerning BPA's business-related decisions. Because the proposed TRM likely would assist BPA in accomplishing the goals identified in the Business Plan ROD, the proposal appears consistent with these aspects of the Market-Driven Alternative. In addition, the proposed TRM is similar to the types of tiered rate constructs identified and considered in the Business Plan EIS; thus, implementation of this proposal would not be expected to result in significantly different environmental impacts from those examined in the Business Plan EIS. Therefore, BPA expects that the proposed TRM likely will fall within the scope of the Market-Driven Alternative that was evaluated in the Business Plan EIS and adopted in the Business Plan ROD. As part of the Administrator's ROD that will be prepared for the proposed TRM, BPA may tier its decision under NEPA to the Business Plan ROD. However, depending upon the ongoing environmental review, BPA may, instead, issue another appropriate NEPA document. During the public review and comment period for the TRM, persons interested in submitting comments regarding its potential environmental effects may do so by submitting comments to Katherine Pierce, NEPA Compliance Officer, KEC-4, Bonneville Power Administration, 905 NE 11th Avenue, Portland, OR 97232. Any such comments received by July 10, 2008, will be considered by BPA's NEPA compliance staff in the NEPA process that will be conducted for the proposed TRM. Part III—Public Participation A. Distinguishing Between “Participants” and “Parties” BPA distinguishes between “participants in” and “parties to” the section 7(i) hearing process. Apart from the formal hearing process, BPA will accept comments, views, opinions, and information from “participants,” who are defined in the BPA Hearing Procedures as persons who may submit comments without being subject to the duties of, or having the privileges of, parties. Participants' written and oral comments will be made a part of the official record and considered by the Administrator when making his decision. Participants are not entitled to participate in the prehearing conference; may not cross-examine parties' witnesses, seek discovery, or serve or be served with documents; and are not subject to the same procedural requirements as parties. The views of participants are important to BPA. Written comments by participants will be included in the record if they are received by 5 p.m., PDT, on July 10, 2008. Written views, supporting information, questions, and arguments should be submitted to BPA Public Affairs at the address listed in the Addresses section. Persons wishing to become a party to BPA's rate proceeding must notify BPA in writing and file a Petition to Intervene with the Hearing Officer. Petitioners may designate no more than two representatives upon whom service of documents will be made. Petitions to Intervene must state the name and address of the person requesting party status and the person's interest in the hearing. Petitions to Intervene as parties in the rate proceeding are due to the Hearing Officer by 5 p.m., PDT, on May 7, 2008, and should be directed as stated in Addresses section above. Petitioners must explain their interests in sufficient detail to permit the Hearing Officer to determine whether they have a relevant interest in the proceeding. Pursuant to section 1010.1(d) of BPA Hearing Procedures, BPA waives the requirement in section 1010.4(d) that an opposition to an intervention petition must be filed and served 24 hours before the prehearing conference. Any opposition to an intervention petition may instead be made at the prehearing conference. Any party, including BPA, may oppose a petition for intervention. Persons who have been denied party status in any past BPA rate proceeding shall continue to be denied party status unless they establish a significant change of circumstances. All timely applications will be ruled on by the Hearing Officer. Late interventions are strongly disfavored. B. Developing the Record The record will comprise, among other things, verbal and written comments made by participants, including the transcripts of all hearings, any written materials submitted by the parties, documents developed by BPA staff, and other materials accepted into the record by the Hearing Officer. Written comments by participants will be included in the record if they are received by 5 p.m., PDT, on July 10, 2008. The Hearing Officer will then review the record, supplement it if necessary, and will certify the record to the Administrator for decision. The Administrator will adopt the final TRM based on the entire record, which includes the record certified by the Hearing Officer, as described above. The basis for the final TRM first will be expressed in the Administrator's Draft ROD. Parties will have an opportunity to respond to the Draft ROD as provided in the BPA Hearing Procedures. The Administrator will serve copies of the Final ROD on all parties. The ROD will also be publicly available at *http://www.bpa.gov/corporate/ratecase* . BPA must continue to meet with customers in the ordinary course of business during the rate case. To comport with the rate case procedural rule prohibiting ex parte communications, BPA will provide the prescribed notice of meetings involving rate case issues in order to permit the opportunity for participation by all rate case parties. These meetings may be held on very short notice. Consequently, parties should be prepared to devote the necessary resources to participate fully in every aspect of the rate proceeding and attend meetings any day during the course of the rate case. Part IV—The Tiered Rate Methodology The TRM establishes a predictable and durable means by which to tier and calculate BPA's Priority Firm
(PF)power rate. Specific determinations of rate levels will be made in each general rate case in a manner consistent with the TRM in the respective section 7(i) proceedings applicable during the term of this TRM. Tiered PF rates will be implemented beginning in FY 2012 when power deliveries under new contracts commence. The TRM provides for a two-tiered PF rate design applicable to requirements firm power service for those customers that participate in the contracts that provide for tiered rate service. Tiered rate design differentiates between the costs of service associated with the existing Federal system (Tier 1) and the cost associated with additional amounts of power needed to serve the remaining portion of customers' net requirements (Tier 2). This TRM specifies how rates will be developed that assure to the extent possible that customers will be able to purchase Tier 1 power that does not include the costs of serving other customers' load growth. The TRM addresses:
(1)How to determine a customer's eligibility to purchase power at Tier 1 rates;
(2)how to determine the amount of power to be charged at Tier 1 rates;
(3)how costs will be allocated to the PF Tier 1 and Tier 2 rate pools;
(4)how rates for Tier 1 and Tier 2 sales will be designed; and
(5)how rates for resource support services will be designed. The cost allocation and rate design methods will be implemented in each BPA power rate case during the term of the Regional Dialogue contracts, except under limited circumstances. Power rates will be calculated on a two-year cycle under the TRM. Rate Period High Water Marks (RHWM), determined according to this TRM, are the basis for separating which portion of each customer's net requirements purchase from BPA is charged Tier 1 rates and which is charged Tier 2 rates. Each customer may purchase up to its RHWM, limited by its net requirement, at Tier 1 rates. To meet its above-RHWM load, a customer may purchase Federal power, procure non-Federal power or both. To the extent a customer purchases Federal power to meet its above RHWH load, a PF Tier 2 rate will be applied to the Federal power service. BPA will limit the sum of all RHWMs to the planned firm power output of the existing Federal system as it is currently defined, plus a limited amount of augmentation. For purposes of the TRM, BPA will calculate the projected amounts of Federal system resource output, contract purchases, and contract obligations necessary for developing tiered rates for each rate period. The projected output of resources assigned to each rate tier will be used in the determination of RHWMs, which will be incorporated in the ratemaking process. In each applicable rate proposal, BPA will allocate all of its costs into three cost pools for determining Tier 1 rates and a number of Tier 2 cost pools corresponding to the Tier 2 rate alternatives that customers have selected. In each rate case, BPA will define risk mitigation mechanisms and set rates to support BPA's then-current Agency financial risk standard(s). The Agency financial risk standard(s) is
(are)set in BPA's 10-Year Financial Plan, or its successor, subject to any required review in a 7(i) rate proceeding. The proposed TRM includes a rate design for Tier 1 rates that includes three components: Customer charges, demand rates and load shaping rates. However, there are significant changes in the billing determinants to which these rates apply from BPA's current rate structure. There will be three customer charges, only two of which will be applicable to any particular product selected by the customer. The Composite Customer Charge and the Non-Slice Customer Charge will be applicable to purchasers of the Load Following and Block products, including the block portion of the Slice/Block product. The Composite Customer Charge and the Slice Customer Charge will be applicable to purchasers of the Slice portion of the Slice/Block product. The Demand Charge will apply to Load Following and Block with Shaping Capacity purchasers and will be charged to a portion of each customer's maximum hourly load in each month. The Load Shaping Charge will apply to Load Following and Block purchasers and will be charged to a portion of each customer's energy load during each diurnal period of each month. BPA's proposed TRM is available for viewing and downloading on BPA's Web site at *http://www.bpa.gov/corporate/ratecase* . Copies will also be available for viewing at BPA's Public Information Center, BPA Headquarters Building, 1st Floor, 905 NE 11th Avenue, Portland, Oregon. Issued this 24th day of April, 2008. Stephen J. Wright, Administrator and Chief Executive Officer. [FR Doc. E8-9572 Filed 4-30-08; 8:45 am] Editorial Note: FR Doc. E8-9572 was originally published at page 24059 in the issue of May 1, 2008. That document was inadvertently published prior to the requested publication date, as stated in an Office of the Federal Register correction notice published at 73 FR 24496, May 2, 2008. FR Doc. E8-9572 is being republished in its entirety in this issue of the **Federal Register** . [FR Doc. E8-9953 Filed 5-5-08; 8:45 am] BILLING CODE 1505-02-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 April 29, 2008. Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: *Docket Numbers:* RP02-361-069. *Applicants:* Gulfstream Natural Gas System, LLC. *Description:* Gulfstream Natural Gas System, LLC submits its FERC Gas Tariff, Original Volume 1, an Original Sheet 8,02k reflecting an effective date of 5/1/08. *Filed Date:* 04/25/2008. *Accession Number:* 20080428-0178. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 7, 2008. *Docket Numbers:* RP04-119-007. *Applicants:* Dominion Transmission, Inc. *Description:* Dominion Transmission, Inc., submits Annual Report of Operational Sales of Gas. *Filed Date:* 04/11/2008. *Accession Number:* 20080411-5040. *Comment Date:* 5 p.m. Eastern Time on Monday May 5, 2008. *Docket Numbers:* RP07-174-000. *Applicants:* Columbia Gulf Transmission Company. *Description:* Columbia Gulf Transmission Company informs FERC that the Eighth Revised Sheet 216 et al. of its FERC Gas Tariff, Second Revised Volume 1, will not be moved into effect until August 1, 2008. *Filed Date:* 04/25/2008. *Accession Number:* 20080425-0096. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 7, 2008. *Docket Numbers:* RP08-326-000. *Applicants:* Northern Border Pipeline Company. *Description:* Northern Border Pipeline Company submits Fourth Revised Sheet 107 et al. as part of its FERC Gas Tariff, First Revised Volume 1, to be effective May 27, 2008. *Filed Date:* 04/25/2008. *Accession Number:* 20080428-0176. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 7, 2008. *Docket Numbers:* RP08-327-000. *Applicants:* Trailblazer Pipeline Company, LLC. *Description:* Trailblazer Pipeline Company, LLC submits a report on the refund of penalty revenues. *Filed Date:* 04/25/2008. *Accession Number:* 20080428-0177. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 7, 2008. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and § 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov.* To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E8-9901 Filed 5-5-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 April 30, 2008. Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: *Docket Numbers:* RP96-389-089. *Applicants:* Columbia Gulf Transmission Company. *Description:* Columbia Gulf Transmission Company submits negotiated rate agreement re FTS-1 Service Agreement 01116 between Columbia Gulf Transmission Company and National Fuel Marketing, LLC dated 04/24/2008. *Filed Date:* 04/28/2008. *Accession Number:* 20080429-0255. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP00-305-036. *Applicants:* CenterPoint Energy-Mississippi River Transmission. *Description:* CenterPoint Energy-Mississippi River Transmission Corporation submits an amended negotiated rate agreement between MRT and CenterPoint Energy Services, Inc. *Filed Date:* 04/28/2008. *Accession Number:* 20080429-0253. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP00-305-037. *Applicants:* CenterPoint Energy-Mississippi River Transmission. *Description:* CenterPoint Energy-Mississippi River Transmission Corporation submits an amended negotiated rate agreement between MRT and Laclede Energy Resources, Inc. *Filed Date:* 04/28/2008. *Accession Number:* 20080429-0254. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP02-361-070. *Applicants:* Gulf Stream Natural Gas System, LLC. *Description:* Gulfstream Natural Gas System LLC submits Original Sheet 8.021, to FERC Gas Tariff, Original Volume 1, reflecting an effective date of May 1, 2008. *Filed Date:* 04/28/2008. *Accession Number:* 20080429-0250. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-221-001. *Applicants:* Crossroads Pipeline Company. *Description:* Crossroads Pipeline Company submits response to 3/27/08 letter re Crossroads to provide additional information by April 28, 2008. *Filed Date:* 04/28/2008. *Accession Number:* 20080429-0251. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-223-001. *Applicants:* Equitrans, L.P. *Description:* Equitrans, LP submits responses to Data Requests issued by the Commission's Letter Order of 3/27/08. *Filed Date:* 04/28/2008. *Accession Number:* 20080430-0001. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-247-001. *Applicants:* Ozark Gas Transmission, L.L.C. *Description:* Ozark Gas Transmission, LLC submits Substitute Seventh Revised Sheet 13, Substitute Original Sheet 14A and 39A to FERC Gas Tariff, Original Volume 1, to be effective 4/1/08. *Filed Date:* 04/28/2008. *Accession Number:* 20080429-0257. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-328-000. *Applicants:* Columbia Gas Transmission Corporation. *Description:* Columbia Gulf Transmission Company submits First Revised Sheet 500C to its FERC Gas Tariff, Second Revised Volume 1 effective date of April 4, 2008. *Filed Date:* 04/28/2008. *Accession Number:* 20080429-0256. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-329-000. *Applicants:* Discovery Gas Transmission LLC. *Description:* Discovery Gas Transmission LLC submits Section 27 Revenue Credit Report for 2007. *Filed Date:* 04/29/2008. *Accession Number:* 20080430-5039. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-330-000. *Applicants:* Discovery Gas Transmission LLC. Description: Discovery Gas Transmission LLC submits its Imbalance Cash-out Activity Report for the year ended December 31, 2007 pursuant to the Terms and Conditions in Discovery's FERC Gas Tariff. *Filed Date:* 04/29/2008. *Accession Number:* 20080430-5040. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-333-000. *Applicants:* Black Marlin Pipeline Company. *Description:* Annual Cash Out Report of Black Marlin Pipeline Company. *Filed Date:* 04/29/2008. *Accession Number:* 20080430-5041. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and § 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov.* To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St. NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov.* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E8-9965 Filed 5-5-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL08-59-000] ConocoPhillips Company, Complainant v. Entergy Services, Inc., Respondent; Notice of Complaint April 29, 2008. Take notice that on April 24, 2008, pursuant to section 206 of the Federal Power Act and Rule 206 of the Commission's Rules of Practice, ConocoPhillips Company (Complainant) filed a formal complaint against Entergy Services, Inc. (Respondent) alleging that the Respondent annulled two transmission service agreements in a manner that violated the Commission's policy and the Respondent's open access transmission tariff. The Complainant has requested fast track processing of the complaint. The Complainant states that a copy of the complaint has been served on the Respondent. 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 14, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-9902 Filed 5-5-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. DI08-6-000] Green Valleys Association; Notice of Declaration of Intention and Soliciting Comments, Protests, and/or Motions To Intervene April 29, 2008. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Declaration of Intention. b. *Docket No:* DI08-6-000. c. *Date Filed:* April 17, 2008. d. *Applicant:* Green Valleys Association. e. *Name of Project:* Welkinweir Micro Hydro Project. f. *Location:* The proposed Welkinweir Micro Hydro Project will be located on an unnamed stream at the Welkinweir Arboretum near the town of Pottsville, Chester County, Pennsylvania. g. *Filed Pursuant to:* Section 23(b)(1) of the Federal Power Act, 16 U.S.C. 817(b). h. *Applicant Contact:* Victoria Laubach, Director, Green Valleys Association, 1368 Prizer Road, Pottstown, PA 19465; telephone:
(610)469-7543; fax:
(610)469-2218; e-mail *http://www.welkinweir.arboretum@verizon.net.* i. *FERC Contact:* Any questions on this notice should be addressed to Henry Ecton,
(202)502-8768, or e-mail address: *henry.ecton@ferc.gov.* j. *Deadline for Filing Comments, Protests, and/or Motions:* May 30, 2008. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and/or interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the e-Filing link. Please include the docket number (DI08-6-000) on any comments, protests, and/or motions filed. k. *Description of Project:* The proposed Welkinweir Micro Hydro Project will include:
(1)An approximately 100-foot-long, 6-inch-diameter PVC pipe, leading from an unnamed farm pond to an underground 4-foot-wide, 3-foot-deep, 8-foot-long concrete powerhouse containing two 350-watt turbines;
(2)an approximately 5-foot-long, 8-inch-diameter PVC pipe that returns the water to an unnamed stream;
(3)an 800-foot-long underground transmission cable, which conveys the power produced to a bank of batteries; and
(4)appurtenant facilities. The proposed project will not be connected to an interstate grid and will not occupy any tribal or federal lands. When a Declaration of Intention is filed with the Federal Energy Regulatory Commission, the Federal Power Act requires the Commission to investigate and determine if the interests of interstate or foreign commerce would be affected by the project. The Commission also determines whether or not the project:
(1)Would be located on a navigable waterway;
(2)would occupy or affect public lands or reservations of the United States;
(3)would utilize surplus water or water power from a government dam; or
(4)if applicable, has involved or would involve any construction subsequent to 1935 that may have increased or would increase the project's head or generating capacity, or have otherwise significantly modified the project's pre-1935 design or operation. l. *Locations of the Application:* Copies of this filing are on file with the Commission and are available for public inspection. This filing may be viewed on the web at *http://www.ferc.gov* using the “eLibrary” link, select “Docket#” and follow the instructions. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or TTY, contact
(202)502-8659. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, or Motions To Intervene:* Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. *Filing and Service of Responsive Documents:* Any filings must bear in all capital letters the title “COMMENTS”, “PROTESTS”, AND/OR “MOTIONS TO INTERVENE”, as applicable, and the Docket Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. *Agency Comments:* Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-9903 Filed 5-5-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER02-2001-007; Docket No. ER07-430-000; Docket No. ER07-591-000] Electric Quarterly Reports; Dunhill Power, L.P.; Exel Power Sources, LLC; Order on Intent To Revoke Market-Based Rate Authority Issued April 30, 2008. Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G. Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff. 1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d (2000), and 18 CFR part 35 (2005), require, among other things, that all rates, terms, and conditions of jurisdictional services be filed with the Commission. In Order No. 2001, the Commission revised its public utility filing requirements and established a requirement for public utilities, including power marketers, to file Electric Quarterly Reports summarizing the contractual terms and conditions in their agreements for all jurisdictional services (including market-based power sales, cost-based power sales, and transmission service) and providing transaction information (including rates) for short-term and long-term power sales during the most recent calendar quarter. 1 1 *Revised Public Utility Filing Requirements* , Order No. 2001, 67 FR 31043, FERC Stats. & Regs. ¶ 31,127 (April 25, 2002), *reh'g denied,* Order No. 2001-A, 100 FERC ¶ 61,074, *reconsideration and clarification denied,* Order No. 2001-B, 100 FERC ¶ 61,342, *order directing filings,* Order No. 2001-C, 101 FERC ¶ 61,314 (2002). 2. Commission staff's review of the Electric Quarterly Report submittals has revealed that two utilities with authority to sell electric power at market-based rates have failed to file their Electric Quarterly Reports for more than one quarter. This order notifies these public utilities that their market-based rate authorizations will be revoked unless they comply with the Commission's requirements within 15 days of the date of issuance of this order. 3. In Order No. 2001, the Commission stated that, [i]f a public utility fails to file a[n] Electric Quarterly Report (without an appropriate request for extension), or fails to report an agreement in a report, that public utility may forfeit its market-based rate authority and may be required to file a new application for market-based rate authority if it wishes to resume making sales at market-based rates. [2] 2 Order No. 2001 at P 222. 4. The Commission further stated that, [o]nce this rule becomes effective, the requirement to comply with this rule will supersede the conditions in public utilities' market-based rate authorizations, and failure to comply with the requirements of this rule will subject public utilities to the same consequences they would face for not satisfying the conditions in their rate authorizations, including possible revocation of their authority to make wholesale power sales at market-based rates.[ 3 ] 3 *Id.* at P 223. 5. Pursuant to these requirements, the Commission has revoked or withdrawn the market-based rate tariffs of several market-based rate sellers that failed to submit their Electric Quarterly Reports. 4 4 *See Electric Quarterly Reports,* 115 FERC ¶ 61,073
(2006)(April 2006 Revocation Order), *Electric Quarterly Reports,* 114 FERC ¶ 61,171
(2006)(February 2006 Revocation Order); *Electric Quarterly Reports,* 107 FERC ¶ 61,310 (2004); *Notice of Revocation of Market-Based Rate Tariffs,* 69 Fed. Reg. 57,679 (September 27, 2004); *Electric Quarterly Reports,* 105 FERC ¶ 61,219 (2003); and *Electric Quarterly Reports,* 104 FERC ¶ 61,139 (2003). 6. Commission staff's review of the Electric Quarterly Report submittals identified two public utilities with authority to sell power at market-based rates that failed to file Electric Quarterly Reports through the fourth quarter of 2007. Commission staff contacted these entities to remind them of their regulatory obligations. 5 None of the public utilities listed in the caption of this order has met those obligations. 6 5 *See Dunhill, L.P.,* Docket No. ER07-430-000 (February 13, 2008) (unpublished letter order); *Exel Power Sources,* LLC, Docket No. ER07-591-000 (February 13, 2008) (unpublished letter order). 6 According to the Commission's records, the companies subject to this order last filed their Electric Quarterly Reports in the quarters and years shown below: See table near footnote 6 reference. Respondent Last quarter filed Dunhill Power, L.P. 2007, Quarter 2 Exel Power Sources, L.L.C Never Filed Accordingly, this order notifies these public utilities that their market-based rate authorizations will be revoked unless they comply with the Commission's requirements within 15 days of the issuance of this order. 7. In the event that either of the above-captioned market-based rate sellers has already filed its Electric Quarterly Reports in compliance with the Commission's requirements, its inclusion herein is inadvertent. Such market-based rate seller is directed, within 15 days of the date of issuance of this order, to make a filing with the Commission identifying itself and providing details about its prior filings that establish that it complied with the Commission's Electric Quarterly Report filing requirements. 8. If either of the above-captioned market-based rate sellers does not wish to continue having market-based rate authority and does not foresee entering into any contracts to sell power at market-based rates, it may file a notice of cancellation with the Commission pursuant to section 205 of the FPA to cancel its market-based rate tariff and end its obligation to submit further Electric Quarterly Reports. *The Commission orders:*
(A)Within 15 days of the date of issuance of this order, each public utility listed in the caption of this order shall file with the Commission all delinquent Electric Quarterly Reports. If a public utility fails to make this filing, the Commission will revoke the public utility's authority to sell power at market-based rates and terminate its electric market-based rate tariff. The Secretary is hereby directed, upon expiration of the filing deadline in this order, to promptly issue a notice, effective on the date of issuance, listing the public utilities whose tariffs have been revoked for failure to comply with the requirements of this order and the Commission's Electric Quarterly Report filing requirements.
(B)The Secretary is hereby directed to publish this order in the **Federal Register** . By the Commission. Kimberly D. Bose, Secretary. [FR Doc. E8-9906 Filed 5-5-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. RM05-25-000; RM05-17-000] Preventing Undue Discrimination and Preference in Transmission Service; Notice of Extension of Time April 29, 2008. On April 17, 2008, North American Electric Reliability Corporation
(NERC)submitted an additional request for an extension of time for public utilities to modify reliability standards related to the calculation of Available Transfer Capability
(ATC)in compliance with Order No. 890 and Order No. 693, currently required by May 9, 2008. 1 NERC states that five of the ATC-related reliability standards (MOD-001, MOD-008, MOD-028, MOD-029 and MOD-030) will be completed by August 29, 2008 and expects that work on the sixth reliability standard related to Capacity Benefit Margin (MOD-004) will be competed by November 21, 2008. NERC explains that this additional time is needed to adequately address the concerns raised by the industry regarding the need to fully vet and vote for these reliability standards. 1 *See* Notice of Extension of Time, Docket Nos. RM05-17-000, *et al.* (Dec. 6, 2007). Upon consideration, notice is hereby given that public utilities are granted an extension of time to modify, working through NERC, the reliability standards related to the calculation of ATC as follows: MOD-001, MOD-008, MOD-028, MOD-029, and MOD-030 shall be submitted on or before August 29, 2008 and MOD-004 shall be submitted on or before November 21, 2008. Public utilities are also granted an extension of time to and including November 27, 2008, to develop, through the North American Energy Standards Board (NAESB), business practices that support the revisions to the NERC reliability standards MOD-001, MOD-008, MOD-028, MOD-029, and MOD-030 and an extension of time to and including February 19, 2009, to develop, through NAESB, business practices that complement the revisions to the NERC reliability standard MOD-004. Kimberly D. Bose, Secretary. [FR Doc. E8-9905 Filed 5-5-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-96-000] Arlington Storage Company, LLC; Notice of Intent To Prepare an Environmental Assessment for the Proposed Thomas Corners Storage Project and Request for Comments on Environmental Issues April 29, 2008. The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment
(EA)that will discuss the environmental impacts of the Thomas Corners Storage Project involving construction and operation of underground natural gas storage, three pipeline lateral facilities, and three interconnections by Arlington Storage Company, LLC (Arlington) in Steuben County, New York. The EA will be used by the Commission in its decision-making process to determine whether the project is in the public convenience and necessity. This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies on the project. Your input will help determine which issues need to be evaluated in the EA. Please note that the scoping period will close on May 29, 2008. Details on how to submit comments are provided in the Public Participation section of this notice. This notice is being sent to affected landowners; federal, state, and local government agencies; elected officials; Native American tribes; other interested parties; and local libraries and newspapers. State and local government representatives are asked to notify their constituents of this proposed project and to encourage them to comment on their areas of concern. A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. It is available for viewing on the FERC Internet Web site ( *http://www.ferc.gov* ). Summary of the Proposed Project Arlington proposes to: • Develop up to 10 injection/withdrawal wells with a total working gas capacity of 7 billion cubic feet (Bcf); • Develop up to two observation wells; • Construct 1.7 miles of gathering pipeline; • Construct and operate a compressor station housing two gas-powered nominal 3,550 horsepower reciprocating engines; • Construct about 8.1 miles of 12-inch-diameter pipeline (Thomas Corners West Lateral); • Use an existing 7.5-mile-long, 8-inch-diameter pipeline (Thomas Corners South Lateral); and • Construct three meter and regulator stations and interconnections with Columbia Gas Transmission Corporation (Columbia), Tennessee Gas Pipeline Company (Tennessee), and Corning Natural Gas Company (Corning). The compressor station and storage field facilities would require 27.0 acres for construction and operation. Construction of the Thomas Corners West Lateral would disturb 69.1 acres during construction, and about 35.0 acres would be maintained as newly acquired permanent pipeline right-of-way. Construction of the Columbia and Tennessee Meter and Regulator Stations would disturb 0.9 acre and .06 acre, respectively, and 0.2 acre and 0.3 acre would be permanently maintained for these two meter and regulator stations, respectively. A site for the Corning Meter and Regulator Station has not been selected at this time. The purpose of the project is to provide additional gas storage that will be capable of withdrawing and delivering gas at a rate of up to 140 Dekatherms per day (Dth/d) and of receiving and injecting gas at a rate of up to 70 Dth/d. The Project would incorporate three interconnections that would link it with three existing natural gas pipeline facilities. The general location of the proposed facilities is shown in Appendix 1. 1 1 The appendices referenced in this notice are not being printed in the **Federal Register** . Copies of all appendices are available on the Commission's *Web site* at the “eLibrary” link or from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426, or call
(202)502-8371. For instructions on connecting to eLibrary refer to the “Additional Information” section of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. Requests for detailed maps of the proposed facilities should be made directly to Arlington. The EA Process We 2 are preparing this EA to comply with the National Environmental Policy Act
(NEPA)which requires the Commission to take into account the environmental impact that could result if it authorizes Arlington's proposal. By this notice, we are also asking federal, state, and local agencies with jurisdiction and/or special expertise with respect to environmental issues to formally cooperate with us in the preparation of the EA. Agencies that would like to request cooperating status should follow the instructions for filing comments provided below. 2 “We,” “us,” and “our” refer to the environmental staff of the FERC's Office of Energy Projects. NEPA also requires the FERC to discover and address concerns the public may have about proposals. This process is referred to as “scoping.” The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this Notice of Intent, we are requesting public comments on the scope of the issues to address in the EA. All comments received are considered during the preparation of the EA. The EA will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings: • geology and soils; • land use and visual quality; • cultural resources; • vegetation and wildlife (including threatened and endangered species); • air quality and noise; • reliability and safety; • water resources. We will also evaluate possible alternatives to the proposed project or portions of the project, where necessary, and make recommendations on how to lessen or avoid impacts on the various resource areas. Our independent analysis of the issues will be in the EA. Depending on the comments received during the scoping process, the EA may be published and mailed to federal, state, and local agencies, public interest groups, interested individuals, affected landowners, newspapers, libraries, and the Commission's official service list for this proceeding. A comment period will be allotted for review if the EA is published. We will consider all comments on the EA before we make our recommendations to the Commission. To ensure your comments are considered, please carefully follow the instructions in the Public Participation section below. Public Participation You can make a difference by providing us with your specific comments or concerns about the project. By becoming a commentor, your concerns will be addressed in the EA and considered by the Commission. You should focus on the potential environmental effects of the proposal, alternatives to the proposal including alternative compressor station sites and pipeline routes, and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your letter to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426; • Label one copy of the comments for the attention of Gas Branch 1, PJ-11.1; • Reference Docket No. CP08-96-000; and • Mail your comments so that they will be received in Washington, DC on or before May 29, 2008. Please note that the Commission strongly encourages electronic filing of any comments or interventions or protests to this proceeding. See 18 Code of Federal Regulations 385.2001(a)(1)(iii) and the instructions on the Commission's Internet Web site at *http://www.ferc.gov* under the link to “Documents and Filings” and “eFiling.” eFiling is a file attachment process and requires that you prepare your submission in the same manner as you would if filing on paper, and save it to a file on your hard drive. New eFiling users must first create an account by clicking on “Sign up” or “eRegister.” You will be asked to select the type of filing you are making. This filing is considered a “Comment on Filing.” In addition, there is a “ *Quick Comment* ” option available, which is an easy method for interested persons to submit text only comments on a project. The Quick-Comment User Guide can be viewed at * http://www.ferc.gov/docs- filing/efiling/quick-comment-guide.pdf * . Quick Comment does not require a FERC eRegistration account; however, you will be asked to provide a valid email address. All comments submitted under either eFiling or the Quick Comment option are placed in the public record for the specified docket. Becoming an Intervenor In addition to involvement in the EA scoping process, you may want to become an official party to the proceeding known as an “intervenor.” Intervenors play a more formal role in the process. Among other things, intervenors have the right to receive copies of case-related Commission documents and filings by other intervenors. Likewise, each intervenor must send one electronic copy (using the Commission's eFiling system) or 14 paper copies of its filings to the Secretary of the Commission and must send a copy of its filings to all other parties on the Commission's service list for this proceeding. If you want to become an intervenor you must file a motion to intervene according to Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.214) (see Appendix 2) 3 . Only intervenors have the right to seek rehearing of the Commission's decision. 3 Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion on filing comments electronically. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your environmental comments considered. Environmental Mailing List As described above, we may mail the EA for comment. If you are interested in receiving an EA for review and/or comment, please return the Environmental Mailing List form (Appendix 3). If you do not return the Environmental Mailing List form, you will be taken off the mailing list. All individuals who provide written comments will remain in our environmental mailing list for this project. Additional Information Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the “eLibrary” link. Click on the eLibrary link, then on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FercOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact
(202)502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. Go to *http://www.ferc.gov/esubscribenow.htm* . Finally, any public meetings or site visits will be posted on the Commission's calendar located at *http://www.ferc.gov/EventCalendar/EventsList.aspx* along with other related information. Kimberly D. Bose, Secretary. [FR Doc. E8-9904 Filed 5-5-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Western Area Power Administration Findings for the Sacramento Area Voltage Support Project (DOE/EIS-0323S1) AGENCY: Western Area Power Administration, DOE. ACTION: Notice of Record of Decision and Floodplain and Wetland Statement. SUMMARY: Western Area Power Administration (Western) plans to construct a new double-circuit, 230-kilovolt
(kV)transmission line, approximately 31 miles long, between Western's O'Banion Substation and the area just south of the Sacramento Municipal Utility District's
(SMUD)Elverta Substation and reconstruct SMUD's existing 230 kV/115 kV transmission line between SMUD's Elverta and Natomas substations. The Sacramento Area Voltage Support
(SVS)Project (Project) would be located in Sutter, Placer, and Sacramento counties in California. Western proposes to build the Project to provide needed transmission system additions and upgrades to maintain system voltage stability, reliability, and security. Western evaluated seven action alternatives and the No Action Alternative in its supplemental environmental impact statement (SEIS). Of these, Alternative B was selected as both the Preferred Alternative and the Environmentally Preferred Action Alternative. FOR FURTHER INFORMATION CONTACT: Mr. Steve Tuggle, Natural Resource Manager, Western Area Power Administration, Sierra Nevada Region, 114 Parkshore Drive, Folsom, CA 95630-4710; telephone
(916)353-4549; e-mail *tuggle@wapa.gov.* Copies of the SEIS are available from Mr. Tuggle. For information about the Department of Energy
(DOE)National Environmental Policy Act
(NEPA)process, contact Ms. Carol M. Borgstrom, Director, Office of NEPA Policy and Compliance, GC-20, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585; telephone
(800)472-2756. SUPPLEMENTARY INFORMATION: Western issued the SVS draft and final environmental impact statement
(EIS)in November 2002 and September 2003, and issued a record of decision
(ROD)on January 12, 2004. In 2005, SMUD and the City of Roseville agreed to provide funding for Western to proceed with additional environmental review of the SVS Project and prepare an SEIS and environmental impact report (EIR). Western markets and transmits electricity from multi-use, Federal water projects. Western sells wholesale electricity to more than 70 preference customers in central and northern California and Nevada. Western's Sierra Nevada Region
(SNR)includes the greater Sacramento, California, area. SNR maintains and operates numerous substations and more than 1,200 miles of transmission lines. These transmission lines are interconnected to other greater Sacramento-area transmission system owners, Load Serving Entities, and utilities, including the Sacramento Municipal Utility District
(SMUD)and the City of Roseville (Roseville). Western's system contributes to and is affected by voltage stability, reliability, and security of the greater Sacramento area transmission system. Transmission system studies in 2001/2002 and 2006/2007 showed that the existing transmission lines in the greater Sacramento area have reached their maximum power transfer limits for serving the area's energy needs, particularly in the northern portion of the greater Sacramento area. Load Serving Entities and utilities in the area have taken interim measures to avoid potential uncontrolled system-wide outages. As a last resort, operators may be required to implement post-contingency load shedding and/or rotating blackouts. These measures provide limited voltage stability improvement and are not always available or preferred. In addition, load shedding and rotating blackouts can have a significant negative impact on utility customers. The transmission system studies showed that additions and upgrades are needed to maintain system voltage stability, reliability, and security in accordance with NERC and WECC Planning/Operations Reliability Standards, and for Western to continue to meet its legislative and contractual requirements. The resulting system additions and upgrades would provide additional power-importing capabilities to the greater Sacramento area. Western, in coordination with SMUD and the City of Roseville, prepared an SEIS and EIR, in compliance with NEPA, the Council on Environmental Quality regulations for implementing NEPA (40 Code of Federal Regulations [CFR] parts 1500-1508), California Environmental Quality Act
(CEQA)(Cal. Pub. Res. Code §§ 21000, *et seq.* ), and California CEQA Guidelines (Cal. Code Reg. Tit. 14 §§ 15000, *et seq.* ). Project The Project consists of
(1)constructing a new, double-circuit, 230 kV transmission line between O'Banion Substation and the area just south of Elverta Substation and
(2)reconstructing the existing, double-circuit, 230 kV/115 kV transmission line between Elverta Substation and Natomas Substation into a double-circuit 230 kV transmission line. Alternatives Western analyzed seven action alternatives and the No Action alternative in the SEIS and EIR. Western proposes to build the Project following three route segments. Segments 1 and 3 are common to each action alternative. Segment 1 consists of constructing a new transmission line from O'Banion Substation to an area near Cross Canal in a new right-of-way (ROW). Segment 3 consists of rebuilding the existing SMUD double-circuit, 115/230 kV Elverta-North City and Elverta-Natomas transmission lines within a ROW between Elverta and Natomas substations. Segment 2 connects Segments 1 and 3. Seven routes were identified for Segment 2. Each of the 2A segments (i.e., segments 2A1, 2A2, 2A3, 2A4, and 2A5) include an option to be located along either the west or east side of Highway 99. The Segment 2 routes differentiate the seven action alternatives (Alternatives A1, A2, A3, A4, A5, B, and C) as described below: *Alternative A1* is composed of Segments 1, 2A1, and 3. It would involve construction of a new, double-circuit, 230 kV transmission line approximately 33.6 to 33.8 miles long (depending on whether it is located on the east or west side of Highway 99) and rebuilding approximately 4.8 miles of existing Elverta-North City and Elverta-Natomas transmission lines. *Alternative A2* is composed of Segments 1, 2A2, and 3. It would involve construction of a new, double-circuit, 230 kV transmission line approximately 33.5 to 33.7 miles long (depending on whether it is located on the east or west side of Highway 99) and rebuilding approximately 4.8 miles of existing Elverta-North City and Elverta-Natomas transmission lines. *Alternative A3* is composed of Segments 1, 2A3, and 3. It would involve construction of a new, double-circuit, 230 kV transmission line approximately 33.8 to 34.0 miles long (depending on whether it is located on the east or west side of Highway 99) and rebuilding approximately 4.8 miles of existing Elverta-North City and Elverta-Natomas transmission lines. *Alternative A4* is composed of Segments 1, 2A4, and 3. It would involve construction of a new, double-circuit, 230 kV transmission line approximately 35.2 to 35.4 miles long (depending on whether it is located on the east or west side of Highway 99) and rebuilding approximately 4.8 miles of existing Elverta-North City and Elverta-Natomas transmission lines. *Alternative A5* is composed of Segments 1, 2A5, and 3. It would involve construction of a new, double-circuit, 230 kV transmission line approximately 33.7 to 33.9 miles long (depending on whether it is located on the east or west side of Highway 99) and rebuilding approximately 4.8 miles of existing Elverta-North City and Elverta-Natomas transmission lines. *Alternative B* is composed of Segments 1, 2B, and 3. It would involve construction of a new, double-circuit, 230 kV transmission line approximately 31.3 miles long and rebuilding approximately 4.8 miles of existing Elverta-North City and Elverta-Natomas transmission lines. *Alternative C* is composed of Segments 1, 2C1, 2C2, and 3. It would involve construction of a new, double-circuit, 230 kV transmission line approximately 37.6 miles long and rebuilding approximately 4.8 miles of existing Elverta-North City and Elverta-Natomas transmission lines. This alternative would abandon 8.6 miles of existing Cottonwood-Roseville transmission line. *The No Action Alternative* would include operation and maintenance of the existing transmission lines. Western would not build any of the new transmission line segments presented in the SEIS and EIR. Implementing this alternative would preclude most short-term environmental impacts associated with construction activities. This alternative would not meet the Project's purpose and need. The No Action Alternative would not alleviate the greater Sacramento area power system voltage stability, reliability, and security problems. While Western and interconnected transmission system owners, Load Serving Entities, and area utilities would continue to take appropriate measures to manage power system reliability, they may be unable to meet system reliability standards and contractual obligations under the No Action Alternative. Western has proactively developed Environmental Protection Measures
(EPMs)to protect sensitive resources in the field. These EPMs would be implemented as part of the Project. Preferred Alternatives Determining the preferred alternatives requires that Western balance many factors with the Project's purpose and need. Western identified the No Action Alternative as the Environmentally Preferred Alternative because it would have no additional impacts to environmental resources. However, the No Action Alternative would not meet the Project's purpose and need. Therefore, Western selected Alternative B as the Environmentally Preferred Action Alternative. With the implementation of the EPMs, Alternative B would not result in a significant adverse environmental effect on any resource and would be the shortest route, requiring the least amount of disturbance for the transmission line and access roads. In comparison to the other action alternatives, Alternative B would have greater effects on wetlands, including vernal pools and existing residences; however, these impacts could be minimized through proper design. Also, Alternative B would generally have less impact on other resources, including air quality, giant garter snake habitat, existing and planned habitat conservation plan areas, prime and unique farmland, and planned transportation projects. Western considered its determination of the Environmentally Preferred Action Alternative, consistency with the Project's purpose and need, and economic and engineering factors to select Alterative B as the overall Preferred Alternative. Alternative B is partially within an established north-south transmission line corridor and in or immediately adjacent to an abandoned railroad ROW. It is the shortest of the action alternatives, which would result in preferable economics and less-than-significant environmental impacts. Public Involvement Notices of availability of the draft SEIS and EIR were published in several local newspapers and the **Federal Register** . Agencies, Tribes, property owners within 500 feet of the Project ROW, and those expressing interest were notified by direct mailings. Two public forums were held during the public comment period: one on August 7, 2007, in Roseville, California, and one on August 8, 2007, in Sacramento, California. Western received oral comments from ten people and written comments from two people at the public forums. Additionally, Western received written comments from about 40 commenters via mail, e-mail, and facsimile. The public comment period closed on August 27, 2007. Along with findings in the draft SEIS and EIR, Western used public and agency comments to guide its selection of the Preferred and Environmentally Preferred Alternatives. Western responded to public comments and made minor modifications, addenda, and corrections in its final SEIS and EIR. Notices of availability of the final SEIS and EIR were published in several local newspapers and the **Federal Register** . Upon identifying that it had overlooked some comment letters, Western evaluated the missed comments but made no significant corrections or changes to the Final SEIS and EIR. Western responded to the additional comments and included them in the Final SEIS and EIR, which was reissued. Notices of availability of the Final SEIS and EIR were re-issued by direct mail and republished in the local newspapers and the **Federal Register** . Environmental Impacts The SEIS and EIR provides a detailed impact analysis of the 17 resource areas analyzed. For cultural resources, electric and magnetic fields, environmental justice, floodplains, geology, health and safety, noise, paleontological resources, socioeconomics, soils, and water resources impacts would not appreciably differ among action alternatives. With the implementation of the EPMs, none of the alternatives would result in significant direct, indirect, or cumulative impacts for any of these resource areas. The remaining resource areas are discussed below. With regard to air quality, the area is in non-attainment for ozone, nitrogen oxides, volatile organic compounds, reactive organic gases, and particulate matter less than 10 micrometers in diameter. Differences among alternatives would be small and contributions of the above-mentioned pollutants would be in direct correlation to the length of each alternative and time needed to complete construction. Because Alternative C involves the most distance and time for construction, it would have the most impact on air resources. Alternative B would have the least impact on air resources because it involves the least distance and time for construction. Impacts from the Project would be short-term, occurring only during construction. All recommended mitigation measures from applicable air districts would be applied to the Project. Therefore, no significant direct, indirect, or cumulative effects would result from any of the alternatives. The differences in impacts to biological and wetland resources among action alternatives would be small and vary by species and habitat. In particular, the alternatives would affect varying amounts of rice fields (habitat for the giant garter snake), wetlands, including vernal pools and existing or proposed conservation areas. The A alternatives would have the greatest impact on rice fields and would pass through and/or adjacent to the Natomas Basin Conservancy, an area managed under the Natomas Basin Habitat Conservation Plan. Alternative B would have the least impact on rice fields and habitat conservation plan areas. Conversely, Alternative B would have the greatest impact on wetlands and the A alternatives would have the least impact on wetlands. In addition to EPMs already developed, Western would incorporate mitigation measures identified during consultation with appropriate agencies. Therefore, no significant direct, indirect, or cumulative effects would result from any of the alternatives. The differences in impacts to land uses among action alternatives would be small and vary by use. In particular, the action alternatives demonstrate comparative differences for existing residences, prime and unique farmland, and planned development. Segment 2B of Alternative B would be constructed near 16 existing residences located adjacent to the Project alignment. The A alternatives have the greatest impacts on prime and unique farmland. Alternative C would cross or be located adjacent to the greatest number of planned developments in the area. While these impacts exist among alternatives, none would result in significant direct, indirect, or cumulative effects for any alternative. The main difference in traffic and transportation impacts among alternatives is that, for the A alternatives west of Highway 99, the Project would have to cross Highway 99 three times compared with one time for all other action alternatives. These impacts would be limited to the construction period. No significant direct, indirect, or cumulative effects would result from any of the alternatives. The effects on visual resources from the Project are similar for all action alternatives. The City of Roseville, however, has a specific, approved visual policy with which Alternative C would conflict. Therefore, Alternative C would result in a significant indirect and cumulative impact. No other alternatives would result in significant direct, indirect, or cumulative effects. Agency Consultations Western will complete consultations and obtain applicable permits and approvals as appropriate, prior to construction. Western is currently developing a Programmatic Agreement to satisfy requirements under the National Historic Preservation Act. Western will consult with the U.S. Fish and Wildlife Service to comply with the Endangered Species Act 16 (U.S.C. § 1536.). Western will obtain permits from the U.S. Army Corps of Engineers (USACE) in compliance with Rivers and Harbors Act Section 10 and Clean Water Act Section 404 (33 U.S.C. 1344.). Western will obtain a water quality certification from the Regional Water Quality Control Board in compliance with the Clean Water Act Section 401 (33 U.S.C. 1341.). Mitigation Western developed 104 EPMs to reduce environmental consequences associated with construction and operation activities. Western determined environmental consequences in the SEIS and EIR, based on the assumption that all EPMs would be fully implemented. These EPMs ensure that Western will avoid or minimize environmental harm from building the Project. During ongoing consultations and coordination with agencies and prior to construction, additional mitigation measures may be developed. Western will incorporate these measures, as appropriate, to further avoid and mitigate impacts. Western will include these additional measures in a Mitigation Action Plan (MAP). Western will develop a MAP in accordance with 10 CFR 1021.331 that addresses mitigation commitments. It will explain how the mitigation will be planned and implemented. The MAP will be available upon request. With implementation of the EPMs and MAP, Western will adopt all practical means to avoid or minimize environmental harm for the Project. Floodplain and Wetland Statement of Findings In accordance with 10 CFR 1022, Western considered the potential impacts of the Project on floodplains and wetlands. The Project and surrounding area are dominated by 100- and 500-year floodplain zones and a network of flood control levees and canals. A map of Project and floodplain zone information is available in the Draft SEIS and EIR on page 4-46. There is no practical means of avoiding floodplains. Because of the nature of transmission line construction and its relative small amount of disturbance and implementation of the EPMs, such as erosion control, surface restoration, the Project would not substantially alter the normal drainage patterns or affect runoff rates. Western would maximize use of existing roads. Structures located in the floodplains, would not contribute to the impedance of flood flows. Western evaluated alternatives for the Project and found there was no practical means of avoiding wetlands entirely. Western estimates that approximately 2.4 acres of wetlands would be permanently affected by the construction of the Project Preferred Alternative (Alternative B). Western will design the Project to avoid wetlands where possible. Western will coordinate with agencies to ensure compliance with all applicable floodplain and wetland requirements. Western will mitigate the project for wetlands as deemed appropriate by the USACE. Decision Western's decision is to build the Preferred Alternative (Alternative B), as described above and in the SEIS and EIR. This decision is based on the information contained in the “Sacramento Area Voltage Support Project Supplemental Environmental Impact Statement and Environmental Impact Report (DOE/EIS-0323S1)”; (Draft SEIS and EIR issued July 2007 and Final reissued March 2008). This ROD has been prepared in accordance with Council on Environmental Quality regulations for implementing NEPA (40 CFR Parts 1500-1508) and DOE Procedures for Implementing NEPA (10 CFR Part 1021). Full implementation of this decision is contingent upon the implementation of the EPMs for the Preferred Alternative and Project obtaining all applicable permits and approvals. Dated: April 29, 2008. Timothy J. Meeks, Administrator. [FR Doc. E8-9956 Filed 5-5-08; 8:45 am] BILLING CODE 6450-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2008-0317; FRL-8563-3] Agency Information Collection Activities; Proposed Collection; Comment Request; Rule To Reduce Interstate Transport of Fine Particulate Matter and Ozone (Clean Air Interstate Rule)—Final Rule; EPA ICR No. 2152.03, OMB Control No. 2060-0570. AGENCY: Environmental Protection Agency. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request
(ICR)to the Office of Management and Budget (OMB). This ICR is scheduled to expire on September 30, 2008. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before July 7, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2006-0947. • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: a-and-r-Docket@epa.gov.* • *Fax:*
(202)566-9744. • *Mail:* Air Docket, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. • *Hand Delivery:* Docket Center, (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OAR-2006-0947. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* FOR FURTHER INFORMATION CONTACT: Ruben D. Deza, Clean Air Markets Division, (6204J), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-343-9364; fax number: 202-343-2359; e-mail address: *deza.ruben@epa.gov.* SUPPLEMENTARY INFORMATION: How Can I Access the Docket and/or Submit Comments? EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OAR-2006-0947, which is available for online viewing at *http://www.regulations.gov,* or in person viewing at the Air and Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the Air and Radiation Docket is
(202)566-9744. Use *http://www.regulations.gov* to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified in this document. What Information Is EPA Particularly Interested In? Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it to:
(i)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;
(ii)evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(iii)enhance the quality, utility, and clarity of the information to be collected; and
(iv)minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. What Should I Consider When I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Offer alternative ways to improve the collection activity. 6. Make sure to submit your comments by the deadline identified under DATES . 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. What Information Collection Activity or ICR Does This Apply to? Docket ID No. EPA-HQ-OAR-2006-0947 *Affected entities:* Entities potentially affected by this action are units producing electric power which are affected by the Clean Air Interstate Rule (CAIR). *Title:* Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone (Clean Air Interstate Rule)—Final Rule. *ICR number:* EPA ICR No. 2152.03, OMB Control No. 2060-0570. *ICR status:* This ICR is currently scheduled to expire on September 30, 2008. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* The United States (U.S.) Environmental Protection Agency
(EPA)has promulgated a Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone (Clean Air Interstate Rule)
(CAIR)that includes new reporting requirements and combines these new requirements with existing requirements from the Consolidated Emissions Reporting Rule (CERR), the Emission Reporting Requirements for Ozone State Implementation Plan
(SIP)Revisions Relating to Statewide Budgets for NO X Emissions to Reduce Regional Transport of Ozone (NO X SIP Call) and the Acid Rain Program under Title IV of the CAA Amendments of 1990. Each of these three existing requirements has an approved ICR in place. The current ICRs are: for the CERR, ICR # 0916.10, for the NO X SIP Call, ICR # 1857.03 and for the Acid Rain Program, ICR # 1633.13. This ICR renewal accounts for the incremental burden associated with the CAIR. As such, this supporting statement references the burden analysis included in ICR #s 0916.10, 1857.03, and 1633.13 and estimates the change in burden resulting from the CAIR beyond the scope of these ICRs. This ICR renewal is open for public review and comment. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 500 hours per year for industry, and a reduction of 6 hours per year for State, Territorial and local air pollution control agencies. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The ICR provides a detailed explanation of the Agency's estimate, which is only briefly summarized here: *Estimated total number of potential respondents:* 1,750. *Frequency of response:* Quarterly. *Estimated total average number of responses for each respondent:* *Estimated total annual burden hours:* 607,216 hours. *Estimated total annual costs:* $42,017,534.34. Are There Changes in the Estimates From the Last Approval? To date, there are no changes in the number of hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. However, EPA is still evaluating information that may lead to a change in the estimates. What Is the Next Step in the Process for This ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another **Federal Register** notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT . Dated: April 22, 2008. Reynaldo Forte, Acting Director, Clean Air Markets Division. [FR Doc. E8-9948 Filed 5-5-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2007-0670; FRL-8562-3] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; TSCA Section 8(a) Preliminary Assessment Information Rule (PAIR); EPA ICR No. 0586.11, OMB No. 2070-0054 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), this document announces that an Information Collection Request
(ICR)has been forwarded to the Office of Management and Budget
(OMB)for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection activity and its expected burden and costs. DATES: Additional comments may be submitted on or before June 5, 2008. ADDRESSES: Submit your comments, referencing docket ID Number EPA-HQ-OPPT-2007-0670 to
(1)EPA online using *www.regulations.gov* (our preferred method), by e-mail to *oppt.ncic@epa.gov* or by mail to: Document Control Office (DCO), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, Mail Code: 7407T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and
(2)OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Barbara Cunningham, Director, Environmental Assistance Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, Mailcode: 7408-M, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-554-1404; e-mail address: *TSCA-Hotline@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On December 21, 2007 (72 FR 72704), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments during the comment period. Any comments related to this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OPPT-2007-0670, which is available for online viewing at *http://www.regulations.gov,* or in person inspection at the OPPT Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the Pollution Prevention and Toxics Docket is 202-566-0280. Use EPA's electronic docket and comment system at *http://www.regulations.gov* to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in *http://www.regulations.gov* as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *http://www.regulations.gov.* *Title:* TSCA Section 8(a) Preliminary Assessment Information Rule (PAIR). *ICR Numbers:* EPA ICR No. 0586.11, OMB Control No. 2070-0054. *ICR Status:* This ICR is currently scheduled to expire on May 31, 2008. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* Section 8(a) of the Toxic Substances Control Act
(TSCA)authorizes EPA to promulgate rules under which manufacturers, importers and processors of chemical substances and mixtures must maintain records and submit reports to EPA. EPA has promulgated the Preliminary Assessment Information Rule
(PAIR)under TSCA section 8(a). EPA uses PAIR to collect information to identify, assess and manage human health and environmental risks from chemical substances, mixtures and categories. PAIR requires chemical manufacturers and importers to complete a standardized reporting form to help evaluate the potential for adverse human health and environmental effects caused by the manufacture or importation of identified chemical substances, mixtures or categories. Chemicals identified by EPA or any other federal agency, for which a justifiable information need for production, use or exposure-related data can be satisfied by the use of the PAIR are proper subjects for TSCA section 8(a) PAIR rulemaking. In most instances the information that EPA receives from a PAIR report is sufficient to satisfy the information need in question. This information collection addresses the reporting and recordkeeping requirements associated with TSCA section 8(a). Responses to the collection of information are mandatory (see 40 CFR parts 712, 766 and 792). Respondents may claim all or part of a notice as CBI. EPA will disclose information that is covered by a CBI claim only to the extent permitted by, and in accordance with, the procedures in 40 CFR part 2. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 29.0 hours per response. Burden means the total time, effort or financial resources expended by persons to generate, maintain, retain or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install and utilize technology and systems for the purposes of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Entities potentially affected by this action are companies that manufacture or import chemical substances, mixtures or categories. *Estimated No. of Respondents:* 26. *Frequency of Collection:* On occasion. *Estimated Total Annual Burden on Respondents:* 1,568 hours. *Estimated Total Annual Costs:* $89,593 that includes $2,746 in Operations and Maintenance costs. *Changes in Burden Estimates:* There is a net increase of 988 hours (from 580 hours to 1,568 hours) in the total estimated respondent burden compared with that currently in the OMB inventory. This increase reflects EPA's revised estimates of the number of PAIR reports filed annually. There is also a corresponding $1,746 increase in associated non-labor costs (e.g., photocopying and mailing costs). The Supporting Statement includes detailed analyses of these revised estimates. These changes are adjustments. Dated: April 28, 2008. Sara Hisel-McCoy, Director, Collection Strategies Division. [FR Doc. E8-9949 Filed 5-5-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-RCRA-2008-0244, FRL-8562-8] Agency Information Collection Activities; Proposed Collection; Comment Request; Final Authorization for Hazardous Waste Management Programs; EPA ICR No. 0969.08, OMB Control No. 2050-0041 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request
(ICR)to the Office of Management and Budget (OMB). This ICR is scheduled to expire on September 30, 2008. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before July 7, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-RCRA-2008-0244, by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: rcra-docket@epa.gov.* • *Fax:* 202-566-9744. • *Mail:* RCRA Docket (2822T), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. • *Hand Delivery:* 1301 Constitution Ave., NW., Room 3334, Washington, DC 20460. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-RCRA-2008-0244. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* FOR FURTHER INFORMATION CONTACT: Kathy Rafferty, Office of Solid Waste (mail code 5303P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 703-308-0589; fax number: 703-308-8617; e-mail address: *rafferty.kathy@epa.gov.* SUPPLEMENTARY INFORMATION: How Can I Access the Docket and/or Submit Comments? EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-RCRA-2008-0244, which is available for online viewing at *http://www.regulations.gov* , or in person viewing at the RCRA Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for RCRA Docket is
(202)566-0270. Use *http://www.regulations.gov* to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified in this document. What Information Is EPA Particularly Interested In? Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it to:
(i)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;
(ii)evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(iii)enhance the quality, utility, and clarity of the information to be collected; and
(iv)minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. What Should I Consider When I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Offer alternative ways to improve the collection activity. 6. Make sure to submit your comments by the deadline identified under DATES . 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. What Information Collection Activity or ICR Does This Apply to? *Affected entities:* Entities potentially affected by this action are the Federal Government, and State, Local, or Tribal Governments. *Title:* Final Authorization for Hazardous Waste Management Programs. *ICR numbers:* EPA ICR No. 0969.08, OMB Control No. 2050-0041. *ICR status:* This ICR is currently scheduled to expire on September 30, 2008. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* In order for a State to obtain final authorization for a State hazardous waste program or to revise its previously authorized program, it must submit an official application to the EPA Regional office for approval. The purpose of the application is to enable EPA to properly determine whether the State's program meets the requirements of section 3006 of RCRA. A State with an approved program may voluntarily transfer program responsibilities to EPA by notifying EPA of the proposed transfer, as required by § 271.23. Further, EPA may withdraw a State's authorized program under § 271.23. State program revision may be necessary when the controlling Federal or State statutory or regulatory authority is modified or supplemented. In the event that the State is revising its program by adopting new Federal requirements, the State shall prepare and submit modified revisions of the program description, Attorney General's statement, Memorandum of Agreement, or such other documents as EPA determines to be necessary. The State shall inform EPA of any proposed modifications to its basic statutory or regulatory authority in accordance with § 271.21. If a State is proposing to transfer all or any part of any program from the approved State agency to any other agency, it must notify EPA in accordance with § 271.21 and submit revised organizational charts as required under § 271.6, in accordance with § 271.21. These paperwork requirements are mandatory under section 3006(a). EPA will use the information submitted by the State in order to determine whether the State's program meets the statutory and regulatory requirements for authorization. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 399 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The ICR provides a detailed explanation of the Agency's estimate, which is only briefly summarized here: *Estimated total number of potential respondents:* 50. *Frequency of response:* 1. *Estimated total average number of responses for each respondent:* 1. *Estimated total annual burden hours:* 19,968. *Estimated total annual costs:* $901,807. This includes an estimated labor burden cost of $901,807 and an estimated cost of $0 for capital investment or maintenance and operational costs. What Is the Next Step in the Process for This ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another **Federal Register** notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT . Dated: April 28, 2008. Matthew Hale, Director, Office of Solid Waste. [FR Doc. E8-9951 Filed 5-5-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2008-0246, FRL-8562-7] Agency Information Collection Activities; Proposed Collection; Comment Request; NESHAP for Hazardous Waste Combustors (40 CFR Part 63, Subpart EEE), EPA ICR Number 1773.09, OMB Control Number 2050-0171 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request
(ICR)to the Office of Management and Budget (OMB). This ICR is scheduled to expire on September 30, 2008. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before July 7, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2008-0246, by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *Email:* *a-and-r-docket@epa.gov* . • *Fax:* 202-566-9744. • *Mail:* Air and Radiation Docket (2822T), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. • *Hand Delivery:* 1301 Constitution Ave., NW., Room 3334, Washington, DC 20460. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OAR-2008-0246. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . FOR FURTHER INFORMATION CONTACT: Shiva Garg, Office of Solid Waste (mail code 5302P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 703-308-8459; fax number: 703-308-8433; email address: *garg.shiva@epa.gov* . SUPPLEMENTARY INFORMATION: How Can I Access the Docket and/or Submit Comments? EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OAR-2008-0246, which is available for online viewing at *http://www.regulations.gov* , or in person viewing at the RCRA Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for RCRA Docket is
(202)566-0270. Use *http://www.regulations.gov* to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified in this document. What Information Is EPA Particularly Interested in? Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it to:
(i)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;
(ii)evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(iii)enhance the quality, utility, and clarity of the information to be collected; and
(iv)minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. What Should I Consider When I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Offer alternative ways to improve the collection activity. 6. Make sure to submit your comments by the deadline identified under DATES . 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. What Information Collection Activity or ICR Does This Apply to? *Affected entities:* Entities affected by this action are businesses and the Federal Government. *Title:* Information Collection Request
(ICR)for NESHAP for Hazardous Waste Combustors (40 CFR part 63, subpart EEE) *ICR numbers:* EPA ICR No. 1773.09, OMB Control No. 2050-0171. *ICR status:* This ICR is currently scheduled to expire on September 30, 2008. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* EPA, under authority of section 112d of the Clean Air Act, established National Emission Standards for Hazardous Air Pollutants (NESHAPs) for hazardous waste combustors: hazardous waste burning incinerators, cement kilns, lightweight aggregate kilns, industrial/commercial/institutional boilers and process heaters, and hydrochloric acid production furnaces. These NESHAPs are found in 40 CFR part 63. Under these standards, hazardous waste combustors are required to meet emission levels that reflect the maximum achievable control technology. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 51 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The ICR provides a detailed explanation of the Agency's estimate, which is only briefly summarized here: *Estimated total number of potential respondents:* 238. *Frequency of response:* on occasion. *Estimated total average number of responses for each respondent:* 17. *Estimated total annual burden hours:* 201,527. *Estimated total annual costs:* $19,838,000. This includes an estimated labor burden cost of $14,571,000 and an estimated cost of $5,267,000 for capital investment or maintenance and operational costs. What Is the Next Step in the Process for This ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another **Federal Register** notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT . Dated: April 28, 2008. Matthew Hale, Director, Office of Solid Waste. [FR Doc. E8-9952 Filed 5-5-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-RCRA-2008-0242, FRL-8562-6] Agency Information Collection Activities; Proposed Collection; Comment Request; State Program Adequacy Determination: Municipal Solid Waste Landfills and Non-Municipal, Non-Hazardous Waste Disposal Units That Receive Conditionally Exempt Small Quantity Generator Hazardous Waste, EPA ICR Number 1608.05, OMB Control Number 2050-0152 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request
(ICR)to the Office of Management and Budget (OMB). This ICR is scheduled to expire on September 30, 2008. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before July 7, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-RCRA-2008-0242, by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: rcra-docket@epa.gov* . • *Fax:* 202-566-9744. • *Mail:* RCRA Docket (2822T), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. • *Hand Delivery:* 1301 Constitution Ave., NW., Room 3334, Washington, DC 20460. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-RCRA-2008-0242. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . FOR FURTHER INFORMATION CONTACT: Craig Dufficy, Office of Solid Waste (mail code 5306P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 703-308-9037; fax number: 703-308-8686; e-mail address: *dufficy.craig@epa.gov* . SUPPLEMENTARY INFORMATION: How Can I Access the Docket and/or Submit Comments? EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-RCRA-2008-0242, which is available for online viewing at *http://www.regulations.gov* , or in person viewing at the RCRA Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for RCRA Docket is
(202)566-0270. Use *http://www.regulations.gov* to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified in this document. What Information Is EPA Particularly Interested in? Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it to:
(i)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;
(ii)evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(iii)enhance the quality, utility, and clarity of the information to be collected; and
(iv)minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. What Should I Consider When I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Offer alternative ways to improve the collection activity. 6. Make sure to submit your comments by the deadline identified under DATES. 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. What Information Collection Activity or ICR Does This Apply to? *Affected entities:* Entities potentially affected by this action are the Federal Government, and State, Local, or Tribal Governments. *Title:* State Program Adequacy Determination: Municipal Solid Waste Landfills and Non-Municipal, Non-Hazardous Waste Disposal Units that Receive Conditionally Exempt Small Quantity Generator Hazardous Waste. *ICR numbers:* EPA ICR No. 1608.05, OMB Control No. 2050-0152. *ICR status:* This ICR is currently scheduled to expire on September 30, 2008. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9 and, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* Section 4010(c) of the Resource Conservation and Recovery Act
(RCRA)of 1976 requires that EPA revise the landfill criteria promulgated under paragraph
(1)of Section 4004(a) and Section 1008(a)(3). Section 4005(c) of RCRA, as amended by the Hazardous Solid Waste Amendments
(HSWA)of 1984, requires states to develop and implement permit programs to ensure that MSWLFs and non-municipal, non-hazardous waste disposal units that receive household hazardous waste or CESQG hazardous waste are in compliance with the revised criteria for the design and operation of non-municipal, non-hazardous waste disposal units under 40 CFR Part 257, Subpart B and MSWLFs under 40 CFR Part 258. (40 CFR Part 257, Subpart B and 40 CFR Part 258 are henceforth referred to as the “revised federal criteria.”) Section 4005(c) of RCRA further mandates the EPA Administrator to determine the adequacy of state permit programs to ensure owner and/or operator compliance with the revised federal criteria. A state program that is deemed adequate to ensure compliance may afford flexibility to owners or operators in the approaches they use to meet federal requirements, significantly reducing the burden associated with compliance. In response to the statutory requirement in section 4005(c), EPA developed 40 CFR Part 239, commonly referred to as the State Implementation Rule (SIR). The SIR describes the state application and EPA review procedures and defines the elements of an adequate state permit program. The collection of information from the state during the permit program adequacy determination process allows EPA to evaluate whether a program for which approval is requested is appropriate in structure and authority to ensure owner or operator compliance with the revised federal criteria. The SIR does not require the use of a particular application form. Section 239.3 of the SIR, however, requires that all state applications contain the following five components:
(1)A transmittal letter requesting permit program approval.
(2)A narrative description of the state permit program, including a demonstration that the state's standards for non-municipal, non-hazardous waste disposal units that receive CESQG hazardous waste are technically comparable to the Part 257, Subpart B criteria and/or that its MSWLF standards are technically comparable to the Part 258 criteria.
(3)A legal certification demonstrating that the state has the authority to carry out the program.
(4)Copies of state laws, regulations, and guidance that the state believes demonstrate program adequacy.
(5)Copies of relevant state-tribal agreements if the state has negotiated with a tribe for the implementation of a permit program for non-municipal, non-hazardous waste disposal units that receive CESQG hazardous waste and/or MSWLFs on tribal lands. The EPA Administrator has delegated the authority to make determinations of adequacy, as contained in the statute, to the EPA Regional Administrator. The appropriate EPA Regional Office, therefore, will use the information provided by each state to determine whether the state's permit program satisfies the statutory test reflected in the requirements of 40 CFR Part 239. In all cases, the information will be analyzed to determine the adequacy of the state's permit program for ensuring compliance with the federal revised criteria. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 115 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The ICR provides a detailed explanation of the Agency's estimate, which is only briefly summarized here: *Estimated total number of potential respondents:* 12. *Frequency of response:* 0.33. *Estimated total average number of responses for each respondent:* 1. *Estimated total annual burden hours:* 968. *Estimated total annual costs:* $117,586. This includes an estimated labor burden cost of $117,586 and an estimated cost of $0 for capital investment or maintenance and operational costs. What Is the Next Step in the Process for This ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another **Federal Register** notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT . Dated: April 28, 2008. Matthew Hale, Director, Office of Solid Waste. [FR Doc. E8-9954 Filed 5-5-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-ORD-2008-0067, FRL-8562-2] Agency Information Collection Activities: Proposed Collection; Comment Request; Technology Performance and Product Information to Support Vendor Information Summaries (Renewal), EPA ICR Number 2154.03, OMB Control Number 2050-0194 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that EPA is planning to submit a continuing Information Collection Request
(ICR)to the Office of Management and Budget (OMB). This is a request to renew an existing approved collection. This ICR is scheduled to expire on May 31, 2008. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost. DATES: Comments must be submitted on or before June 5, 2008. ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-ORD-2008-0067, to
(1)EPA online using *http://www.regulations.gov* (our preferred method), by e-mail to *ord.docket@epa.gov* or by mail to: EPA Docket Center, Environmental Protection Agency, ORD Docket, Mail Code 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and
(2)OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Shannon D. Serre, Environmental Protection Agency, 109 T.W. Alexander Drive, E343-06, Research Triangle Park, NC, 27711; telephone number: 919-541-3817; fax number: 919-541-0496; email address: *serre.shannon@epa.gov* . SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On February 12, 2008 (73 FR 8040) EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-ORD-2008-0067, which is available for online viewing at *www.regulations.gov* , or in person viewing at the Office of Research and Development
(ORD)Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the ORD Docket is 202-566-1752. Use EPA's electronic docket and comment system at *www.regulations.gov* , to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *www.regulations.gov* as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *http://www.regulations.gov* . *Title:* Technology Performance and Product Information to Support Vendor Information Summaries (Renewal). *Abstract:* The U.S. EPA Office of Research and Development's National Homeland Security Research Center (NHSRC) is helping to protect human health and the environment from adverse impacts resulting from intentional acts of terror. With an emphasis on decontamination and consequence management, water infrastructure protection, and threat and consequence assessment, NHSRC scientists and engineers are working to develop tools and information that will help detect the intentional introduction of chemical, biological, and radiological contaminants in buildings or water systems, the containment of these contaminants, the decontamination of buildings and/or water systems, and the disposal of material resulting from cleanups. An important facet of the NHSRC mission is identifying, testing, and evaluating technologies to support emergency response personnel, consequence managers, decision-makers, and government officials. EPA has initiated this effort to develop brief vendor information summaries of available technologies relevant to the detection and decontamination of drinking water systems, building materials, building structures, and indoor air that may become contaminated with chemical, biological, or radiological contaminants. These summaries will be based upon vendor-generated or provided information including any independent, validated test data generated by governmental or other organizations and provided to EPA through this ICR. Information provided will be used to produce 4-10 page summaries on each of the technologies for which vendors voluntarily agreed to submit the requested information. These summaries will be shared with EPA and other emergency response personnel, building and facility managers, and water utility operators. The information provided by technology developers and vendors will also be used by the NHSRC's Technology Testing and Evaluation Program
(TTEP)to identify technologies that may be suitable candidates for testing and evaluation and to track those technologies under development that may eventually be ready for rigorous testing and evaluation. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9 and are identified on the form and/or instrument, if applicable. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 15 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Estimated total number of potential respondents:* 70. *Frequency of response:* On occasion. *Estimated total average number of responses for each respondent:* 1. *Estimated total annual burden hours:* 1050 hours. *Estimated total annual costs:* $81,620. This includes an estimated burden cost of $81,200 and an estimated cost of $420 for capital investment or maintenance and operational costs. *Changes in the estimates:* There is no change estimated to occur. Dated: April 29, 2008. Sara Hisel-McCoy, Director, Collection Strategies Division. [FR Doc. E8-9961 Filed 5-5-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8562-5; Docket ID No. EPA-HQ-ORD-2008-0111] Draft Toxicological Review of Cerium Oxide and Cerium Compounds:In Support of the Summary Information in the Integrated Risk Information System
(IRIS)AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Peer-Review Workshop and Public Comment Period. SUMMARY: EPA is announcing that Versar, Inc., under a contract with EPA, will convene an independent panel of experts and organize and conduct an external peer-review workshop to review the external review draft document entitled, “Toxicological Review of Cerium Oxide and Cerium Compounds: In Support of Summary Information on the Integrated Risk Information System (IRIS)” (EPA/635/R-08/002). The EPA is also announcing a public comment period for the draft document. EPA intends to consider comments and recommendations from the public and the expert panel meeting when EPA finalizes the draft document. The public comment period and the external peer-review workshop are separate processes that provide opportunities for all interested parties to comment on the document. EPA intends to forward public comments, submitted in accordance with this notice, to the external peer-review panel prior to the workshop for their consideration. EPA is releasing this draft document solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. Versar, Inc., invites the public to register to attend this workshop as observers. In addition, Versar, Inc., invites the public to give brief oral comments at the workshop regarding the draft document under review. The draft document and EPA's peer review charge are available via the Internet on NCEA's home page or Recent Additions at *http://www.epa.gov/ncea* and is also accessible from the IRIS home page or Recent Additions at *http://www.epa.gov/iris.* When finalizing the draft document, EPA intends to consider any public comments that EPA receives in accordance with this notice. DATES: The peer-review panel workshop will be held on July 8, 2008, at 9 a.m. The 60-day public comment period begins on May 5, 2008, and ends June 30, 2008. Technical comments should be in writing and must be received by EPA by June 30, 2008. EPA intends to submit comments from the public received by this date to Versar, Inc., prior to the workshop for consideration by the panel. ADDRESSES: The peer-review workshop will be held at the Courtyard by Marriott Crystal City, 2899 Jefferson Davis Highway, Arlington, VA 22202. Versar, Inc., is organizing, convening, and conducting the peer-review workshop. To attend the workshop, register by July 1, 2008, via the Internet at *http://epa.versar.com/cerium/.* You may also register by calling Karie Riley at 757-227-9552, or sending an e-mail to *kriley@versar.com.* You must register by July 1, 2008, and indicate whether you wish to provide brief oral comments at the workshop. The draft “Toxicological Review of Cerium Oxide and Cerium Compounds: In Support of Summary Information on the Integrated Risk Information System (IRIS)” is available via the Internet on NCEA's home page or Recent Additions at *http://www.epa.gov/ncea* and is also accessible from the IRIS home page or Recent Additions at *http://www.epa.gov/iris.* A limited number of paper copies are available from NCEA's Information Management Team; telephone: 703-347-8561; facsimile: 703-347-8691. If you are requesting a paper copy, please provide your name, mailing address, and the document title. Comments may be submitted electronically via *http://www.regulations.gov* , by mail, by facsimile, or by hand delivery/courier. Please follow the detailed instructions as provided in the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: For information on the peer review workshop, contact Karie Riley at 757-227-9552, or by e-mail at *kriley@versar.com.* For information on the public comment period, contact the Office of Environmental Information Docket; telephone: 202-566-1752; facsimile: 202-566-1753; or e-mail: *ORD.Docket@epa.gov.* If you have questions about the document, contact Martin Gehlhaus, IRIS Staff, National Center for Environmental Assessment, (8601P), U.S. EPA, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone: 703-347-8579; e-mail: *gehlhaus.martin@epa.gov.* SUPPLEMENTARY INFORMATION: I. Summary of Information About the Integrated Risk Information System
(IRIS)IRIS is a database that contains potential adverse human health effects information that may result from chronic (or lifetime) exposure to specific chemical substances found in the environment. The database (available on the Internet at *http://www.epa.gov/iris* ) contains qualitative and quantitative health effects information for more than 540 chemical substances that may be used to support the first two steps (hazard identification and dose-response evaluation) of a risk assessment process. When supported by available data, the database provides oral reference doses
(RfDs)and inhalation reference concentrations
(RfCs)for chronic health effects, and oral slope factors and inhalation unit risks for carcinogenic effects. Combined with specific exposure information, government and private entities can use IRIS data to help characterize public health risks of chemical substances in a site-specific situation and thereby support risk management decisions designed to protect public health. II. Workshop Information Members of the public may attend the workshop as observers, and there will be a limited time for oral comments from the public. Please let Versar, Inc., know if you wish to make comments during the workshop prior to the meeting by registering on the Web site at *http://epa.versar.com/cerium/* and indicating your intent to make oral comments. Space is limited, and reservations will be accepted on a first-come, first-served basis. III. How To Submit Technical Comments to the Docket at *http://www.regulations.gov* Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2008-0111 by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: ORD.Docket@epa.gov.* • *Fax:* 202-566-1753. • *Mail:* Office of Environmental Information
(OEI)Docket (Mail Code: 2822T), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. The phone number is 202-566-1752. • *Hand Delivery:* The OEI Docket is located in the EPA Headquarters Docket Center, EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is 202-566-1744. Such deliveries are only accepted during the docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. If you provide comments by mail or hand delivery, please submit one unbound original with pages numbered consecutively, and three copies of the comments. For attachments, provide an index, number pages consecutively with the comments, and submit an unbound original and three copies. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-ORD-2008-0111. Please ensure that your comments are submitted within the specified comment period. Comments received after the closing date will be marked “late,” and may only be considered if time permits. It is EPA's policy to include all comments it receives in the public docket without change and to make the comments available online at *http://www.regulations.gov* , including any personal information provided, unless a comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the OEI Docket in the EPA Headquarters Docket Center. Dated: April 24, 2008. Rebecca Clark, Deputy Director, National Center for Environmental Assessment. [FR Doc. E8-9947 Filed 5-5-08; 8:45 am] BILLING CODE 6560-50-P FEDERAL ELECTION COMMISSION [Notice 2008-07] Filing Dates for the Maryland Special Election in the 4th Congressional District AGENCY: Federal Election Commission. ACTION: Notice of filing dates for special election. SUMMARY: Maryland has scheduled a Special General Election on June 17, 2008, to fill the U.S. House of Representatives seat in the Fourth Congressional District vacated by Representative Albert R. Wynn. Committees participating in the Maryland Special General Election on June 17, 2008, shall file a 12-day Pre-General Report, and a 30-day Post-General Report. FOR FURTHER INFORMATION CONTACT: Mr. Kevin R. Salley, Information Division, 999 E Street, NW., Washington, DC 20463; Telephone:
(202)694-1100; Toll Free
(800)424-9530. SUPPLEMENTARY INFORMATION: Principal Campaign Committees All principal campaign committees of candidates who participate in the Maryland Special General Election shall file a 12-day Pre-General Report on June 5, 2008; and a 30-day Post-General Report on July 17, 2008. (See chart below for the closing date for each report). Unauthorized Committees (PACs and Party Committees) Political committees filing on a quarterly basis in 2008 are subject to special election reporting if they make previously undisclosed contributions or expenditures in connection with the Maryland Special General Election by the close of books for the applicable report(s). (See chart below for the closing date for each report.) Committees filing monthly that support candidates in the Maryland Special General Election should continue to file according to the monthly reporting schedule. Additional disclosure information in connection with the Maryland Special General Election may be found on the FEC Web site at *http://www.fec.gov/info/report_dates.shtml* . Calendar of Reporting Dates for Maryland Special Election [Committees involved in the Special General (06/17/08), must file:] Report Close of books 1 Reg./cert. & overnight mailing deadline Filing deadline Pre-General 05/28/08 06/02/08 06/05/08 July Quarterly —WAIVED— Post-General 07/07/08 07/17/08 07/17/08 October Quarterly 09/30/08 10/15/08 10/15/08 1 The reporting period always begins the day after the closing date of the last report filed. If the committee is new and has not previously filed a report, the first report must cover all activity that occurred before the committee registered up through the close of books for the first report due. Dated: April 29, 2008. David M. Mason, Chairman, Federal Election Commission. [FR Doc. E8-9859 Filed 5-5-08; 8:45 am] BILLING CODE 6715-01-P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than June 2, 2008. **A. Federal Reserve Bank of Chicago** (Burl Thornton, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. IBT Bancorp, Inc., Mt. Pleasant, Michigan;* to retain more than 5 percent of the voting shares of Valley Financial Group, Ltd, Saginaw, Michigan, and thereby indirectly retain shares of 1st State Bank, Saginaw, Michigan. **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 Guaranty Bancshares, Inc., Strafford, Missouri, and thereby indirectly acquire The Greene County Bank, Strafford, Missouri. Board of Governors of the Federal Reserve System, May 1, 2008. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E8-9938 Filed 5-5-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM [Docket No. OP-1312] Privacy Act of 1974; Notice of Amendment of Systems of Records AGENCY: Board of Governors of the Federal Reserve System. ACTION: Notice; amendment of systems of records. SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, notice is given that the Board of Governors of the Federal Reserve System (Board) proposes to add two new systems, BGFRS-2 (Personnel Security Systems) and BGFRS-36 (Federal Reserve Application Name Check System), and delete two existing systems, BGFRS-15 (General Files of Federal Reserve Agents, Alternates and Representatives at Federal Reserve Banks) and BGFRS-22 (Chain Banking Reference System). The Board also proposes to modify all of the Board's remaining systems of records to ensure that the information maintained is compatible with the purposes for which the information is collected and that the systems are otherwise consistent with existing Board practices, policies and legal requirements. DATES: Comments must be received on or before June 5, 2008. These systems of records will become effective June 16, 2008, without further notice, unless comments dictate otherwise. ADDRESSES: The public, OMB, and Congress are invited to submit comments, identified by Docket No. OP-1312, by any of the following methods: • *Agency Web Site: http://www.federalreserve.gov.* Follow the instructions for submitting comments. *http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.* • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *E-mail: regs.comments@federalreserve.gov.* Include docket number in the subject line of the message. • *FAX:* 202/452-3819 or 202/452-3102. • *Mail:* Jennifer J. Johnson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. All public comments are available from the Board's Web site at *http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm* as submitted, except as necessary for technical reasons. Accordingly, your comments will not be edited to remove any identifying or contact information. Public comments may also be viewed electronically or in paper in Room MP-500 of the Board's Martin Building (20th and C Streets, NW.) between 9 a.m. and 5 p.m. on weekdays. FOR FURTHER INFORMATION CONTACT: Brad Fleetwood, Senior Counsel, Legal Division, Board of Governors of the Federal Reserve System, 20th and C Streets, NW., Mail Stop 17, Washington, DC 20551, or
(202)452-3721, or *brad.fleetwood@frb.gov.* For users of Telecommunications Device for the Deaf
(TDD)only, contact
(202)263-4869. In accordance with 5 U.S.C. 552a(r), a report of this amended system of records is being filed with the Chair of the House Committee on Oversight and Government Reform, the Chair of the Senate Committee on Homeland Security and Governmental Affairs, and the Office of Management and Budget. SUPPLEMENTARY INFORMATION: The Board recently completed a review of its Privacy Act systems of record. During that review, the Board determined that it needed to create a system of records for personnel security information. The Board previously maintained a similar system (BGFRS-2, Personnel Background Investigations Reports), but deleted this system because it duplicated the government-wide system of records maintained by the Office of Personnel Management (OPM). However, the Board has determined that it keeps records not maintained by OPM. Thus, the Board has determined that it is necessary to create a system for personnel security information, BGFRS-2 (Personnel Security Systems). The Board also determined that it needed to create a system of records for name check information. The Board performs name checks on the proposed officers, directors, principal shareholders, or other persons associated with a depository institution, holding company, or other foreign or domestic entity in connection with the Board's consideration of various regulatory applications, notices, or proposals. The Board uses these records, along with other information, to determine whether the related filing meets the statutory factors for approval. Thus, the Board has determined that it is necessary to create a system for name check information, BGFRS-36 (Federal Reserve Application Name Check System). Additionally, during the review, the Board determined that the BGFRS-15 (General Files of Federal Reserve Agents, Alternates and Representatives at Federal Reserve Banks) and BGFRS-22 (Chain Banking Reference System) contain no records and that the systems are no longer used or maintained by the Board. Thus, the Board determined that it was necessary to delete BGFRS-15 and BGFRS-22. The Board also determined that it needed to modify the Board's remaining systems of records. In addition to making minor modifications so that each system contained consistent information, the Board updated each system's exemptions and routine uses to ensure that all of the routine uses are listed and accurate. In the process of updating the routine uses, the Board determined that it would be most efficient to standardize its most frequently used routine uses. Thus, the Board created standard routine uses A-I. General routine uses A-H were previously listed in most Board systems. General routine use I was added in accordance with a recommendation issued by the President's Identity Theft Task Force that all agencies add a routine use for disclosure where security or confidentiality has been compromised. The Board's general routine uses and updated systems of records are published herein. General Routine Uses A. *Disclosure for Enforcement, Statutory and Regulatory Purposes.* Information may be disclosed to the appropriate federal, state, local, foreign, or self-regulatory organization or agency responsible for investigating, prosecuting, enforcing, implementing, issuing, or carrying out a statute, rule, regulation, order, policy, or license if the information may be relevant to a potential violation of civil or criminal law, rule, regulation, order, policy or license. B. *Disclosure to Another Agency or a Federal Reserve Bank.* Information may be disclosed to a federal agency in the executive, legislative, or judicial branch of government, or to a Federal Reserve Bank, in connection with the hiring, retaining, or assigning 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, the issuance of a license, grant, or other benefits by the receiving entity, or the lawful statutory, administrative, or investigative purpose of the receiving entity to the extent that the information is relevant and necessary to the receiving entity's decision on the matter. C. *Disclosure to a Member of Congress.* Information may be disclosed to a congressional office in response to an inquiry from the congressional office made at the request of the individual to whom the record pertains. D. *Disclosure to the Department of Justice, a Court, an Adjudicative Body or Administrative Tribunal, or a Party in Litigation.* Information may be disclosed to the Department of Justice, a court, an adjudicative body or administrative tribunal, a party in litigation, or a witness if the Board (or in the case of an OIG system, the OIG) determines, in its sole discretion, that the information is relevant and necessary to the matter. E. *Disclosure to Federal, State, Local, and Professional Licensing Boards.* Information may be disclosed to federal, state, local, foreign, and professional licensing boards, including a bar association, a Board of Medical Examiners, a state board of accountancy, or a similar governmental or non-government entity that maintains records concerning the issuance, retention, or revocation of licenses, certifications, or registrations relevant to practicing an occupation, profession, or specialty. F. *Disclosure to the EEOC, MSPB, OGE and OSC.* Information may be disclosed to the Equal Employment Opportunity Commission, the Merit Systems Protection Board, the Office of Government Ethics, or the Office of Special Counsel to the extent determined to be relevant and necessary to carrying out their authorized functions. G. *Disclosure to Contractors, Agents, and Others.* Information may be disclosed to contractors, agents, or others performing work on a contract, service, cooperative agreement, job, or other activity for the Board and who have a need to access the information in the performance of their duties or activities for the Board. H. *Disclosure to Labor Relations Panels.* Information may be disclosed to the Federal Reserve Board Labor Relations Panel or the Federal Reserve Banks Labor Relations Panel in connection with the investigation and resolution of allegations of unfair labor practices or other matters within the jurisdiction of the relevant panel when requested. I. *Disclosure Where Security or Confidentiality Has Been Compromised.* Information may be disclosed when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Board has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Board or another agency or entity) that rely upon the compromised information; and
(3)the disclosure is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Board's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. The Board also determined that modifications should be made to the Board's remaining systems of records based on input from the records system owner (or his or her designee) to ensure both that the systems accurately describe current recordkeeping and disclosure practices and that their routine uses are consistent and accurate. Generally, these updates were non-substantive in nature. However, in certain instances, substantive changes were made to ensure that the system of records notice accurately reflected the actual or desirable practice of the Board. The majority of the substantive changes involved adding certain designated general routine uses to certain of the Board's systems of records. Most systems already provided for disclosure of records for enforcement, statutory and regulatory purposes; to a member of Congress; to the Department of Justice, a court, an adjudicative body or administrative tribunal, or a party in litigation; and to contractors, agents, and others. Where a system did not include these routine uses, they were added (except for those systems where such use would be incompatible with the purpose for which the records were collected), because the Board may generally disclose records for these purposes. This change resulted in amendments of the following systems: BGFRS-5 (EEO Discrimination Complaint File), BGFRS-9 (Supplier Files), BGFRS-10 (General Files on Board Members), BGFRS-11 (Official General Files), BGFRS-14 (General File of Reserve Bank and Branch Directors), BGFRS-16 (Regulation U Report of Nonbank Lenders), BGFRS-17 (Municipal or Government Securities Principals and Representatives), BGFRS-21 (Supervisory Enforcement Actions and Special Examinations Tracking System), BGFRS-24 (EEO General Files), BGFRS-25 (Multi-Rater Feedback), BGFRS-31 (Protective Information System), BGFRS-32 (Visitor Registration), BGFRS-33 (Telephone Call Detail Records), BGFRS-34 (ESS Staff Identification Card File), BGFRS-35 (Federal Reserve Application Name Check System), OIG-1 (FRB-OIG Investigative Records), and OIG-2 (OIG Personnel Records). Similarly, a routine use permitting disclosure to federal and state professional licensing boards and similar entities was added to: BGFRS-5 (EEO Discrimination Complaint File), BGFRS-6 (Disciplinary and Adverse Action Records), BGFRS-12 (Bank Officers Personnel System), BGFRS-17 (Municipal or Government Securities Principals and Representatives), BGFRS-27 (Performance Management Program Records), OIG-1 (FRB-OIG Investigative Records), and OIG-2 (OIG Personnel Records). A routine use permitting disclosure to the EEOC and other government agencies in connection with those agencies' functions was added to: BGFRS-5 (EEO Discrimination Complaint File), BGFRS-24 (EEO General Files), BGFRS-33 (Telephone Call Detail Records), OIG-1 (FRB-OIG Investigative Records), and OIG-2 (OIG Personnel Records). A routine use permitting disclosure to another agency or a Federal Reserve Bank in both connection with background or security checks for Board employees or contractors or in connection with those agencies or a Reserve Bank's functions was added to: BGFRS-18 (Consumer Complaint Information) and BGFRS-34 (ESS Staff Identification Card File). A routine use permitting disclosure to Labor Relations Panels in connection with investigation and resolution of unfair labor practices was added to BGFRS-12 (Bank Officers Personnel System). In addition, virtually every system was amended in a manner consistent with the recommendation of the President's Identity Theft Task Force to add a routine use for disclosure to agencies, entities, and persons involved in an effort to respond to a suspected or confirmed breach of the security or confidentiality of information. The Board also added new, individualized routine uses to certain systems of records to ensure that systems' notices accurately reflected the existing and anticipated recordkeeping and disclosure practices. In BGFRS-3 (Medical Records), BGFRS-4 (General Personnel Records), and BGFRS-29 (Benefits Records), the Board added a routine use that permits the Board to disclose information to an emergency contact in the event of an emergency to assist the individual in obtaining certain benefits. BGFRS-4 (General Personnel Records) was also modified to add a routine use that permits the Board to disclose information to federal, state and local agencies necessary to comply with laws regarding communicable diseases. BGFRS-29 (Benefits Records) was further modified to add a routine use that permits the Board to disclose information to the Office of Personnel Management in connection with employee participation in the Federal Employee Group Life Insurance Program and Thrift Savings Plan. In BGFRS-7 (Payroll and Leave Records), the Board added a routine use that permits the disclosure of information to an entity preparing a mortgage or other loan to an employee to verify employment status and salary, at the request of the individual. In BGFRS-8 (Travel Records), the Board added a routine use that permits the disclosure of information for purposes of monitoring travel and enabling audits of common carrier charges to the Federal government. In BGFRS-20 (Survey of Consumer Finances), the Board amended the routine uses to indicate that the records in the system are protected under the Confidential Information Protection and Statistical Efficiency Act (CIPSEA) and that disclosure is made only to the extent permitted under CIPSEA. In OIG-2 (Office of Inspector General Personnel Records), the Board added a routine use that permits the OIG to disclose information to government officials charged with the responsibility to conduct qualitative assessment reviews of internal safeguards and management procedures. The Board also updated each system's records retention period to be consistent with the National Archives and Records Administration's General Record Schedules and Board-specific records retention and disposition schedules. Moreover, consistent with the Board's newly updated Privacy Act regulation (12 CFR 261a), the notification procedures, records access procedures, and contesting record procedures for each system have been updated to reflect the fact that all inquiries and requests regarding Privacy Act systems of records should be directed to the Secretary of the Board. Systems of Records BGFRS-1 System name: FRB—Recruiting and Placement Records. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Some information, primarily resumes, is collected and maintained, on behalf of the Board, by IBM at 375 Riverside Parkway, Lithia Springs, GA 30122. Paper resumes are collected and maintained, on behalf of the Board, by Staffing Outsourcing Solutions, LLC at 6267 S. Front Road, Livermore, CA 94551. Categories of individuals covered by the system: Persons who have applied for employment with the Federal Reserve Board. Categories of records in the system: Resumes, applications, and supporting documentation submitted by persons seeking employment; information from job fairs; referrals from Federal Reserve Banks and other federal government agencies; transcripts or notes from interviews with some applicants; notes of interviews with references; information regarding verification of education and/or military status; some employment inquiries (and responses) sent to the Chairman or other governors or officials of the Board; and offer letters and related correspondence. Certain information is retained in an electronic database to enable the Board's Equal Employment Opportunity Office to monitor and track its recruiting and hiring performance. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and 248). Purpose(s): These records are collected and maintained to assist the Board in recruiting and retaining qualified employees, and to allow the Board to periodically review its hiring practices. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, B, C, D, E, F, G, H, and I apply to this system. Records may also be used to disclose information to any source from which additional information is requested (to the extent necessary to identify the individual, inform the source of the purpose(s) of the request, and to identify the type of information requested), when necessary to obtain information relevant to a Board decision to hire or retain an employee, issue a security clearance, conduct a security or suitability investigation of an individual, classify jobs, let a contract, or issue a license, grant, or other benefits. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Paper records can be retrieved by year or job category, not by individually identifiable labels. Electronic records can be retrieved by name or other identifying aspects. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* The retention period for resumes is currently under review. Until review is completed, those records will not be destroyed. All other records are retained for the appropriate period which ranges from no retention period to one year after separation or transfer. System manager and address: Manager, Staffing, ER and Clearances, Management Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains; the transcript or notes from interviews with the individual; notes from interviews and supporting documentation from references; personnel records of other government civilian or military agencies or Federal Reserve Banks; and official transcripts and other documentation from schools identified by the individual. Exemptions claimed for the system: Certain portions of this system of records may be exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and
(f)of the Privacy Act pursuant to subsections 5 U.S.C. 552a(k)(2) and (k)(5). BGFRS-2 System name: FRB—Personnel Security Systems. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Past and present employees of the Board of Governors; and Federal Reserve System employees, contractors, employees of contractors, experts, instructors, and consultants to the Board considered for access to classified information or restricted areas or for security determinations; and individuals who are neither applicants nor employees of the Board but are or were involved in Board programs under a cooperative assignment or similar agreement. Categories of records in the system: Investigative information (including personal identifiable information) regarding an individual's character, financial responsibility, conduct, and/or behavior; arrests and convictions for any violations of law; reports of interviews with former supervisors, co-workers, associates, educators, etc.; reports about the qualifications of an individual for a specific position; reports of inquiries with law enforcement agencies; former employers; educational institutions attended; and other information developed from the above. This system does not include investigative reports provided by OPM. Investigative Reports provided by OPM are maintained in a government-wide system of records (OPM/CENTRAL-9) and requests for access to or amendment of such reports should be made to the Federal Investigations Processing Center. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 243 and 248), and Executive Order 9397. Purpose(s): These records are collected and maintained to assist the Board in making suitability determinations. General routine uses A, B, C, D, G, and I apply to this system. Records may also be used: 1. To disclose information to assist in determining the suitability for access to classified information; 2. To disclose information to the intelligence agencies of the Department of Defense, National Security Agency, Central Intelligence Agency, the White House and the Federal Bureau of Investigation, and any other intelligence agency of the United States, for use in intelligence activities; and 3. To disclose information to any source from which information is requested by the Board in the course of an investigation, to the extent necessary to identify the individual, inform the source of the nature and purpose of the investigation and to identify the type of information requested. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Records can be retrieved by name or social security number. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All case files are retained until the earlier of individual's death or five years after the end of the employment or contract relationship and all investigative reports are retained in accordance with the instructions of the investigative agency. Electronic records will be stored online at least six months at the end of an investigation/case. System manager and address: Manager, Staffing, ER and Clearances, Management Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by applications and other personnel and security forms furnished by the individual, investigative material furnished by other federal agencies (including notices of personnel actions), personal investigation or written inquiry from sources such as employers, schools, references, neighbors, associates, police departments, courts, credit bureau, medical records, probation officials, and prison officials, newspapers, magazines, periodicals, and other publications, and published hearings of congressional committees. Exemptions claimed for the system: Certain portions of this system of records may be exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and
(I)and
(f)of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2) and (k)(5). BGFRS-3 System name: FRB—Medical Records. System location: Board of Governors of the Federal Reserve System 20th Street and Constitution Avenue, NW., Washington, DC 20551. Information relating to blood work on employees is collected and maintained on behalf of the Board by Quest Diagnostics Inc., at 1901 Sulphur Spring Road, Baltimore, MD 21227. Information relating to drug testing under the Drug-Free Workplace Plan is collected and maintained on behalf of the Board by Pembrooke at 2307 North Parham Road, Richmond, VA 23229. Categories of individuals covered by the system: Past and present Board employees (including special employees); applicants who have been medically examined for Board employment; and visitors who receive medical treatment at the Board. Categories of records in the system: Pre-employment medical examinations of potential employees; yearly fit-for-duty examinations for employees whose jobs have medical standards; periodic medical examinations of employees; treatment or advice provided by the Health Unit's staff to an employee or visitor; any medical information provided to the Health Unit by an employee; an employee's participation in an occupational health services program; information pertaining to an employee's workers' compensation claim; information pertaining to the Board's Drug-Free Workplace Plan; and employees' use of the Board's exercise facilities. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and 248), Executive Order 12564, and the Rehabilitation Act of 1973. Purpose(s): These records are collected and maintained to assist the Board in determining an employee's fitness for duty and eligibility for benefits based on medical information, to assist the Board in providing a safe and healthy working environment, and to comply with Executive Order 12564. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: Employee medical information that is obtained under the Rehabilitation Act may be used only in accordance with the confidentiality provisions of the Rehabilitation Act. General routine uses A, B, C, D, F, G, H, and I apply to this system. Records may also be used: 1. To disclose information to the Board's Thrift Plan, the Board's Group Life Insurance administrators, Department of Labor, Department of Veterans Affairs, Social Security Administration, Federal Retirement Thrift Investment Board, or a national, state, or local Social Security-type agency, when necessary to adjudicate a claim (filed by or on behalf of the individual) under a retirement, insurance, or health benefit program; 2. To disclose information to a federal, state, or local agency to the extent necessary to comply with laws governing reporting of communicable disease or when it is reasonably believed that an individual might have contracted an illness or been exposed to or suffered from a health hazard while employed in the federal work force; 3. To disclose to health insurance carriers that provide a health benefits plan under the Federal Employees Health Benefits Program information that is necessary to verify eligibility for payment of a claim for health benefits; and 4. To disclose information to the executor of an individual's estate, the government entity probating a will, a designated beneficiary, or to any person who is responsible for the care of an individual to the extent necessary when the individual to whom a record pertains is deceased, mentally incompetent, or under other legal disability, and to disclose information to an individual's emergency contact, or, if the emergency contact is unavailable, to any person who the Board believes is assisting the individual, when necessary to assist that individual in obtaining any employment benefit or any working condition, such as an accommodation under the Rehabilitation Act of 1973. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper form. *Retrievability.* Records can be retrieved by name. *Safeguards.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key. *Retention and disposal.* All records are retained in accordance with the general records schedule. Individual non-occupational health records are destroyed six years after the last entry; personal injury files are destroyed three years after the termination of compensation or the time for filing a claim has passed; temporary or short-term records kept in an 19.\employee's medical folder are destroyed one year after separation or transfer; and long term medical records kept in an employee's medical folder are destroyed 75 years after the birth date of employee, or if the birth date cannot be ascertained, 60 years after date of the earliest document in the folder, or 30 years after latest separation, whichever is later. System manager and address: Manager, Health and Safety, Management Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains; an employee's physical or mental health care provider or counselor; the contractor administering the Drug-Free Workplace Plan or any other diagnostic laboratory; official records of other federal agencies; and Federal Reserve System personnel records. Exemptions claimed for the system: None. BGFRS-4 System name: FRB—General Personnel Records. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Past and present employees of the Board, and the surviving spouses and children of former Board employees. Categories of records in the system: Information relating to employment determinations; salary and job classification actions; leave; placement; personnel actions; academic assistance; training and development activities; PMP ratings (but not the actual PMP form); minority group and medical disability designators; records relating to benefits and designation of beneficiary; emergency contact information; address and name changes; information concerning awards; and other information relating to the status of the individual while employed by the Board, including records of jury duty by the employee. All categories of records may include identifying information, such as name, date of birth, home address, mailing address, Social Security number, and personal telephone numbers. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and 248), and Executive Order 9397. Purpose(s): These records are collected and maintained to assist the Board in its personnel actions and decisions, and in the administration of its benefits programs. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, B, C, D, E, F, G, H, and I apply to this system. Records may also be used: 1. To disclose information to government training facilities (federal, state, and local) and to nongovernment training facilities (private vendors of training courses or programs, private schools, etc.) for training purposes; 2. To disclose information to educational institutions on appointment of a recent graduate to a position at the Board, and to provide college and university officials with information about their students who are working in internships or other similar programs necessary to a student's obtaining credit for the experience gained; 3. To disclose information to the Department of Labor, Department of Veterans Affairs, Social Security Administration, Department of Defense, a Federal Reserve Bank, or any federal agencies that have special civilian employee retirement programs; or to a national, state, county, municipal, or other publicly recognized charitable or income security administration agency (e.g., state unemployment-compensation agencies), when necessary to adjudicate a claim under the retirement, insurance, unemployment, or health benefits programs of the Board, a Federal Reserve Bank, or any agency cited above, or to an agency to conduct an analytical study or audit of benefits being paid under such programs; 4. To disclose to the Office of Personnel Management's Federal Employees Group Life Insurance Program or any contractor, information necessary to verify election, declination, or waiver of regular and/or optional life insurance coverage, eligibility for payment of a claim for life insurance, or a Thrift Savings Program
(TSP)election change and designation of beneficiary; 5. To disclose to an employee, agent, contractor, or administrator of any Board, Federal Reserve System, or federal government employee benefit or savings plan, any information necessary to carry out any function authorized under such plan, or to carry out the coordination or audit of a benefit or savings plan; 6. To disclose information to any source from which additional information is requested (to the extent necessary to identify the individual, inform the source of the purpose(s) of the request, and to identify the type of information requested), when necessary to obtain information relevant to a Board decision to hire or retain an employee, issue a security clearance, conduct a security or suitability investigation of an individual, classify jobs, let a contract, or issue a license, grant, or other benefits; 7. To disclose information to the executor of an individual's estate, the government entity probating a will, a designated beneficiary, or to any person who is responsible for the care of an individual to the extent necessary when the individual to whom a record pertains is deceased, mentally incompetent, or under other legal disability, and to disclose information to an individual's emergency contact, or, if the emergency contact is unavailable, to any person who the Board believes is assisting the individual, when necessary to assist that individual in obtaining any employment benefit or any working condition, such as an accommodation under the Rehabilitation Act of 1973; 8. To disclose information to a federal, state, or local agency to the extent necessary to comply with laws governing reporting of communicable diseases or when it is reasonably believed that an individual might have contracted an illness or been exposed to or suffered from a health hazard while employed in the federal work force; 9. To disclose to prospective nonfederal employers the following information about a specifically identified current or former Board employee:
(1)Tenure of employment;
(2)civil service status;
(3)length of service at the Board and in the government; and
(4)when separated, the date and nature of action as shown on the job action; 10. To disclose information to a federal, state or local governmental entity or agency (or its agent) when necessary to locate individuals who are owed money or property either by a federal, state, or local agency, or by a financial or similar institution; 11. To disclose to a spouse or dependent child (or court-appointed guardian thereof) of a Board employee enrolled in the Federal Employees Health Benefits Program when the employee has changed from a self-and-family to a self-only health benefits enrollment and to disclose to a spouse information regarding the employee's pension and Thrift plan; 12. To verify for an entity preparing to make a loan to an employee the individual's employment status and salary; 13. To disclose information to officials of labor organizations recognized under applicable law, regulation, or policy when relevant and necessary to their duties of exclusive representation concerning personnel policies, practices, and matters affecting working conditions; 14. To disclose information to officials of foreign governments for clearance before a Board employee is assigned to that country; 15. To disclose information to a federal, state, or local agency for determination of an individual's entitlement to benefits in connection with Federal Housing Administration programs or other federal programs; 16. To consider and select employees for incentive awards and other honors and to publicize those granted (this may include disclosure to other public and private organizations, including news media, which grant or publicize employee awards); 17. To disclose specific Board or civil service employment information required under law by the Department of Defense on individuals identified as members of the Ready Reserve to ensure continuous mobilization readiness of Ready Reserve units and members, and to identify demographic characteristics of Board or civil service retirees for national emergency mobilization purposes; 18. To disclose relevant information with personal identifiers of Board employees to authorized federal agencies and nonfederal entities for use in computer matching. The matches will be performed to help eliminate waste, fraud, and abuse in governmental programs; to help identify individuals who are potentially in violation of civil or criminal law or regulation; and to collect debts and overpayments owed to federal, state, or local governments and their components. The information disclosed may include, but is not limited to, the name, Social Security number, date of birth, gender, annualized salary rate, service computation date of basic active service, veteran's preference, retirement status, occupational services, health plan code, position occupied, work schedule (full time, part time, or intermittent), duty station location, standard metropolitan statistical area, special program identifier, and submitting office number of Board employees; and 19. To disclose information to the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services, Federal Parent Locator System and Federal Offset System for use in locating individuals, verifying Social Security numbers, and identifying their incomes sources to establish paternity, establish and modify orders of support for enforcement action. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. Electronic records are stored in the Federal Reserve Integrated Records Management Architecture (FIRMA). *Retrievability.* Records can be retrieved by name or employee identification number. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All records are retained for the appropriate period which ranges from when superseded or obsolete to sixty-five years after separation from Federal service. System manager and address: Associate Director, Human Resources, Management Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom it applies (or is derived from the information the individual supplied); Board officials; the OPM Personnel Management Records System; personnel records of other government agencies; personnel records of Federal Reserve Banks; and official transcripts from schools when authorized by the employee. Exemptions claimed for the system: Certain portions of this system of records may be exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and
(f)of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2) and (k)(5). BGFRS-5 System name: FRB—EEO Discrimination Complaint File. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Applicants for Board employment, and past and present Board employees who have filed a complaint of discrimination or appealed a determination made by an official of the Board relating to equal employment opportunities. Categories of records in the system: Documents relating to a complaint, the decision or determination made by the Board affecting an individual under the Board's EEO regulations and procedures. The records consist of the initial complaint or appeal letters or notices to the individual, record of hearings when conducted, materials placed into the record to support the decision or determination, affidavits or statements, testimonies of witnesses, investigative reports, instructions to the Board and/or individual about action to be taken to comply with decisions, and related correspondence, opinions and recommendations. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and 248). Purpose(s): These records are collected and maintained to assist the Board in carrying out its responsibilities under the Rehabilitation Act of 1973, Title VII of the Civil Rights Act, and other nondiscrimination statutes. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, B, C, D, F, G, and I apply to this system. Records may also be used to disclose information to management as a data source for production of summary descriptive statistics and analytical studies in support of the function for which the records are collected and maintained, or for related personnel management functions or manpower studies and may also be utilized to respond to investigative or legal requests for statistical information (without personal identification of individuals). Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper form. *Retrievability.* Records can be retrieved by the individual's name. *Access Controls.* Access to records is limited to those whose official duties require it. Records are secured by lock and key. *Retention and disposal.* All records are retained for four years after resolution of the case. System manager and address: EEO Programs Director, Office of the Staff Director for Management, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains, Board employees, testimonies of witnesses, official documents relating to the appeal, grievance, or complaints, and correspondence from organizations or persons. Exemptions claimed for the system: Certain portions of this system of records may be exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and
(f)of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). BGFRS-6 System name: FRB—Disciplinary and Adverse Action Records. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Past and present Board employees (including special employees) who were or are involved in a disciplinary or adverse action. Categories of records in the system: This system contains records and documents on the processing of adverse actions and disciplinary actions. The following categories of records are maintained in this system: Copies of the notice of proposed action, materials relied on by the Board to support the reasons in the notice, replies by the employee, statements of witnesses, hearing notices, record of hearings, reports, appeals and related documents, Board decisions, and records related to the Personnel Placement Program. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and 248). Purpose(s): These records are collected and maintained to assist the Board in administering its personnel functions, and to maintain a record of proceedings in a disciplinary or adverse action. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, B, C, D, E, F, G, H, and I apply to this system. Records may also be used: 1. To disclose information to any source from which additional information is requested (to the extent necessary to identify the individual, inform the source of the purpose(s) of the request, and identify the type of information requested), when necessary to obtain information relevant to a Board decision to hire or retain an employee, issue a security clearance, conduct a security or suitability investigation of an individual, classify jobs, let a contract, or issue a license, grant, or other benefit; 2. In producing summary descriptive statistics and analytical studies to support the function for which the records are collected and maintained, or for related work force studies (While published statistics and studies do not contain individual identifiers, in some instances the selection of elements of data included in the study may be structured in such a way as to make the data individually identifiable by inference.); 3. To provide an official of another federal agency information he or she needs to know in the performance of his or her official duties or reconciling or reconstructing data files, in support of the functions for which the records were collected and maintained; and 4. To disclose information to the Department of Labor, Department of Veterans Administration, Social Security Administration, Department of Defense, a Federal Reserve Bank, or any other federal agencies that have special civilian employee retirement programs; or to a national, state, county, municipal, or other publicly recognized charitable or income security, administration agency (e.g., state unemployment compensations agencies), when necessary to adjudicate a claim under the retirement, insurance, unemployment, or health benefits programs of the Board, a Federal Reserve Bank, or any agency cited above, or to an agency to conduct an analytical study or audit of benefits being paid under such programs. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Records can be retrieved by the names of the individuals on whom they are maintained. *Safeguards.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* Records are maintained for seven years after the case is closed. System manager(s) and address: Manager, Staffing, ER and Clearances, Management Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains; Board officials; affidavits or statements from employees; testimonies of witnesses; official documents relating to an action, appeal, grievance, or complaint; and correspondence from specific organizations or persons. Exemptions claimed for the system: None. BGFRS-7 System name: FRB—Payroll and Leave Records. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Past and present employees and members of the Board. Categories of records in the system: Payroll records, including pay statements; requests for deductions; tax and Social Security withholdings; Board retirement deductions; any voluntary withholdings; tax forms; W-2 forms; overtime requests; leave data; worker's compensation data; leave records, including compensatory time, and codes indicating reasons for taking leave, such as family illness, or military leave. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and 248), and Executive Order 9397. Purpose(s): These records are collected and maintained by the Board for payroll, attendance, leave, insurance, tax, retirement, budget, and cost-accounting programs, and to facilitate compliance with statutory requirements. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, B, C, D, E, F, G, H, and I apply to this system. Records may also be used: 1. To disclose information to the Office of Child Support Enforcement of the United States Department of Health and Human Services, for use in locating individuals, verifying Social Security Numbers, and identifying their income sources to establish paternity, establishing and modifying orders of child support, identifying sources of income, and for other child support enforcement actions; 2. To disclose information appropriate federal and state agencies to provide required reports including data on unemployment insurance; 3. To disclose information to the Social Security Administration to report FICA deductions; 4. To disclose information to charitable institutions to report contributions; 5. To disclose information to the Internal Revenue Service and to state, local, tribal, and territorial governments for tax purposes; 6. To disclose information to the Office of Personnel Management in connection with programs administered by that office; 7. To disclose information to an employee, agent, contractor, or administrator of any Board, Federal Reserve System, or federal government employee benefit or savings plan, any information necessary to carry out any function authorized under such plan, or to carry out the coordination or audit of such plan; 8. To disclose information to officials of labor organizations recognized under applicable law, regulation, or policy when relevant and necessary to their duties of exclusive representation concerning personnel policies, practices, and matters affecting working conditions; 9. To disclose information to a federal agency for the purpose of collecting a debt owed the federal government through administrative or salary offset or the offset of tax refunds; 10. To disclose relevant information to other federal agencies conducting computer matching programs to eliminate fraud and abuse and to detect unauthorized overpayments made to individuals; and 11. To disclose information to verify for an entity preparing to make a mortgage or other loan to an employee the individual's employment status and salary, at the request of the individual. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper form and electronic form. *Retrievability.* Records can be retrieved by name, social security number, or employee identification number. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All records are retained for the appropriate period which ranges from one year from the date of annual audit or when six years old (whichever is sooner) to sixty-five years after separation or transfer of the employee. System manager and address: Manager, Payroll, Compensation and Benefits, Management Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual or his or her supervisor on internal personnel forms, federal, state, and local tax forms, employee authorizations and directive forms, insurance forms, leave and overtime reports, and federal and state garnishment forms. Exemptions claimed for the system: None. BGFRS-8 System name: FRB—Travel Records. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Some information, including travel and lodging reservations by employees and individuals who are provided travel by the Board, is collected and maintained, on behalf of the Board, by SatoTravel Services at 4601 N. Fairfax Drive, Suite 170, Arlington, VA 22203. Categories of individuals covered by the system: Past and present Board employees, and authorized individuals who are provided travel by the Board. Categories of records in the system: Travel Authorization forms and supporting documentation; Travel Expense Statements and supporting documentation; applications for the government travel card; periodic reports from the card issuer regarding use of the government travel cards; records regarding Board reimbursement of travel expenses; and records regarding reservations for transportation and lodging sent to the Board's Travel Office. Records maintained by the government travel card issuer are covered by the government-wide system of records, Travel Charge Card Program (GSA/GOVT-3). Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and 248), and Executive Order 9397. Purpose(s): These records are collected and maintained to provide a travel management process that covers official travel for the Board and provides for tracking and appropriate reimbursement of expenses incurred in such travel. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, B, C, D, F, G, H, and I apply to this system. Records may also be used: 1. To disclose information to a Federal agency for accumulating reporting data and monitoring travel management centers; 2. To disclose information in the form of listings, reports, and records of all common carrier transactions including refunds and adjustments to an agency by the contractor to enable audits of carrier charges to the Federal government; and 3. To disclose information to consumer reporting agencies as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) regarding the use of the government travel card. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in both paper and electronic form. *Retrievabililty.* Paper records can be retrieved by the traveler's name. Electronic records can be retrieved by name, employee identification number, social security number, travel card account number, or trip number. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. Paper records more than two years old are stored at an offsite facility. *Retention and disposal.* All records are retained for six years after the period of the account except that in certain instances (generally involving deductions or overcharges), the records are retained for ten years. System manager and address: Manager, Special Projects and Travel, Management Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains, from Travel Authorizations, reports from the government travel card contractor, from the automated financial system of the Management Division regarding reimbursement, and from the travel agency regarding reservations. Exemptions claimed for the system: None. BGFRS-9 System name: FRB—Supplier Files. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Individuals who supply contracted services to the Board, and speakers, applicants or other official visitors to whom the Board must provide reimbursement for fees, travel or other expenses (collectively referred to as “suppliers”). Categories of records in the system: Supplier Information Form, W-9 Tax Identification Document, and any other information pertaining to the supplier's status. The Supplier Information Form contains the following information: individual's name, social security number or taxpayer identification number, address, telephone/fax numbers, email address, contact name/telephone number, supplier classification (such as vendor, speaker, or applicant), and EFT bank information. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and 248), and Executive Order 9397. Purpose(s): These records are collected and maintained to assist the Board in tracking and paying suppliers and completing reports for the Internal Revenue Service. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, C, D, G, and I, apply to this system. Records may also be used to disclose information to the Internal Revenue Service to report payments that may be considered income to the suppliers. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. Some electronic records created prior to October 2003 are stored in the Federal Reserve Integrated Records Management Architecture (FIRMA). *Retrievability.* Paper records can be retrieved by a supplier's name. Electronic records can be retrieved by name, social security number, taxpayer identification number, or purchase order number. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All records relating to contracts that exceed the simplified acquisition threshold and all construction contracts exceeding $2,000 are retained for six years and three months after final payment and all other records are retained for three years after final payment. System manager and address: Assistant Director, Technology Support, Management Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual on whom the record pertains, information from Travel Authorizations and Travel Expense Statements, and information from contract documents. Exemptions claimed for the system: None. BGFRS-10 System name: FRB—General Files on Board Members. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Past and present members of the Board. Categories of records in the system: Biographies of past and present members of the Board, oaths of office, and miscellaneous correspondence relating to such members. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and 248). Purpose(s): These records are collected and maintained to confirm the composition of the Board, length of term, appointments, succession, and biographical details. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, C, D, G, and I apply to this system. Records may also be used for background information to determine qualifications for appointment and reappointment, for compiling information for news releases and other publications, and for recording correspondence concerning the governors. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. Electronic records are stored in the Federal Reserve Integrated Records Management Architecture (FIRMA). *Retrievability.* Records can be retrieved by name. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All records are permanent. System manager and address: Secretary of the Board, Office of the Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: The information is provided by individual to whom the record pertains, his or her incoming correspondence, and staff response thereto. Exemptions claimed for the system: Certain portions of this system of records may be exempted from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and
(f)of the Privacy Act pursuant to 5 U.S.C. 552a(k)(5). BGFRS-11 System name: FRB—Official General Files. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Correspondents with the Board and System personnel. Categories of records in the system: Incoming and outgoing correspondence concerning Board business, including records relating to System personnel in official capacities such as instructors, consultants, and Board representatives to various committees, conferences, etc. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and 248). Purpose(s): These records are collected and maintained to document important transactions between Board members, officials, and staff and with the White House, Congress, other federal agencies, foreign financial institutions, professional groups, and the public. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, C, D, G, and I apply to this system. Records may also be used for reference purposes in preparing responses to inquiries from the public and used in recording official duties of System personnel. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. Electronic records are stored in the Federal Reserve Integrated Records Management Architecture (FIRMA). *Retrievability.* Records can be retrieved by name. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All records are retained for the appropriate period ranging from three years to permanently. System manager and address: Secretary of the Board, Office of the Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains, his or her incoming correspondence, and staff response thereto. Exemptions claimed for the system: Certain portions of this system of records may be exempted from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and
(f)of the Privacy Act pursuant to 5 U.S.C. 552a(k)(5). BGFRS-12 System name: FRB—Bank Officers Personnel System. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Past and present Federal Reserve Bank officers. Categories of records in the system: Personnel information (including demographic, academic, professional, and employment information) on Reserve Bank officers, as well as personnel actions that have occurred during their employment with the Federal Reserve Banks, including the Federal Reserve Information Technology office and the Office of Employee Benefits. Authority for maintenance of the system: Sections 4, 10, 11 and 21 of the Federal Reserve Act (12 U.S.C. 247, 248, 307, and 485). Purpose(s): These records are collected and maintained to assist the Board in its oversight role of the Federal Reserve Banks. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, B C, D, F, G, H, and I apply to this system. Records may also be used to provide reports, such as the Board's Annual Report, to Congress, agencies, and the public on characteristics of the Federal Reserve Bank officer work force. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Records can be retrieved by name or employee identification number. *Access Controls.* Access is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All records are retained until no longer needed for administrative or reference purposes. System manager and address: Division Director, Reserve Bank Operations and Payment Systems, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains, Federal Reserve Bank staff, and personnel systems. Exemptions claimed for the system: None. BGFRS-13 System name: FRB—Federal Reserve System Bank Supervision Staff Qualifications. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Some information is collected and maintained, on behalf of the Board, by the twelve Federal Reserve Banks. Categories of individuals covered by the system: Past and present bank supervision staff (including bank examiners) employed by the Federal Reserve System. Categories of records in the system: Information relating to the skills, qualifications, training, and experience of bank supervision staff, and information regarding past and present assignments and current availability of individual bank supervision staff employees. Authority for maintenance of the system: Sections 10, 11, and 21 of the Federal Reserve Act (12 U.S.C. 244, 248, and 483). Purpose(s): These records are collected and maintained to assist the Board in performing its statutory duty to examine state member banks, bank holding companies, financial holding companies and affiliates of such institutions. The information is used to assist in career development of examiners and other bank supervision staff. The information also aids the Board and the Reserve Banks in selecting qualified bank supervision staff for particular assignments. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General Routine uses A, B, C, D, E, F, G, H, and I apply to this system. Records may also be used to disclose information to Federal Reserve Banks in connection with work performed on behalf of the Board or training provided by the Federal Reserve System. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Records can be retrieved by the name or a unique assigned identification number for the individual on whom they are maintained. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All records are made inactive when the employee leaves the Federal Reserve System and are retained for five years after the record becomes inactive. System managers and address: Division Director, Banking Supervision and Regulation, and Division Director, Consumer and Community Affairs, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains and personnel and training records regarding the individual that are maintained by the Board and Federal Reserve Banks. Exemptions claimed for the system: Certain portions of this system of records may be exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and
(f)of the Privacy Act pursuant to 5 U.S.C. 552a(k)(5). BGFRS-14 System name: FRB—General File of Federal Reserve Bank and Branch Directors. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Past and present Federal Reserve Bank and Branch directors. Categories of records in the system: Biographies of past and present Federal Reserve Bank and Branch directors, oaths of office, resignations, and miscellaneous correspondence. Authority for maintenance of the system: Sections 3, 4, 11 and 21 of the Federal Reserve Act (12 U.S.C. 248, 302, 485, and 521). Purpose(s): These records are collected and maintained to assist the Board in its oversight of the selection of Federal Reserve Bank and Branch Directors. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, C, D, G, and I apply to this system. Records may be used as background information for determining qualifications for appointment and reappointment, for compiling information for news releases and other publications, and for recording correspondence concerning such persons. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Records can be retrieved by name. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All records are retained for at least five years after the annual cutoff, and then destroyed or deleted when no longer needed for administrative or reference purposes. System manager and address: Secretary of the Board, Office of the Secretary, Board of Governors of Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains, his or her incoming correspondence, and staff response thereto. Exemptions claimed for the system: Certain portions of this system of records may be exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and
(f)of the Privacy Act pursuant to 5 U.S.C. 552a(k)(5). BGFRS-16 System name: FRB—Regulation U Reports of Nonbank Lenders. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Individuals (other than banks, brokers, and dealers) who extend credit in specified amounts secured by margin stock. Categories of records in the system: Responses to G-1, G-2, and G-4 Reports filed by persons registered pursuant to Regulation U, 12 CFR 221, including identifying information about the registrant such as name, address, securities credit, and balance sheet assets and liabilities. Authority for maintenance of the system: Sections 3, 7, 17, and 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78c, 78g, 78q, and 78w), and Regulation U (12 CFR 221). Purpose(s): These records are collected and maintained to assist the Board in maintaining a current list of persons registered as margin lenders under the securities laws. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, C, D, G, and I apply to this system. Records may be used: 1. To disclose, upon request, the name of a registered individual who extends credit secured by margin stock; and 2. To disclose information, when appropriate, to foreign governmental authorities in accordance with law, and formal or informal international agreements. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Records can be retrieved by the individual's name. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* The electronic images of the G-1 and G-2 Reports are retained for fifteen years after approval of application, then destroyed when no longer needed for reference. The paper files are destroyed upon verification of the electronic image and/or when no longer needed for reference. The G-4 Reports are retained five years, then destroyed when no longer needed for administrative purposes. If the G-4 Reports are received in paper, but then entered into an electronic system at the Board, the paper record may be destroyed upon verification of the database. System manager and address: Division Director, Banking Supervision and Regulation, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains. Exemptions claimed for the system: None. BGFRS-17 System name: FRB—Municipal or Government Securities Principals and Representatives. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Persons who are, or seek to be, municipal or government securities principals or municipal or government securities representatives associated with a municipal or government securities dealer that is a state member bank of the Federal Reserve System or a United States branch of a foreign bank, or a subsidiary or a department or division thereof. Categories of records in the system: Identifying information; educational, employment, and disciplinary information; scores on professional qualification examinations; and, where applicable, information regarding termination of employment of individuals covered by the system. Identifying information includes name, address, date and place of birth, and may include Social Security number. Authority for maintenance of the system: Sections 3, 15B, 15C, 17, and 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78c, 78o-4, 78o-5, 78q, and 78w), section 11 of the Federal Reserve Act (12 U.S.C. 248), and Executive Order 9397. Purpose(s): These records are collected and maintained to permit the Board to perform its responsibilities under the securities laws with regard to the persons described in this system of records. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, C, D, E, G, and I apply to this system. Records may also be used to disclose information to a federal, state, local, or foreign governmental authority or a self-regulatory organization if necessary in order to obtain information relevant to a Federal Reserve Board inquiry concerning a person who is or seeks to be associated with a municipal or government securities dealer. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Records can be retrieved by the individual's name. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* The retention period for these records is currently under review. Until the review is completed, these records will not be destroyed. System manager and address: Division Director, Banking Supervision and Regulation, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains as well as municipal or government securities dealers with whom the individuals are associated, and federal, state, local, and foreign governmental authorities, and self-regulatory organizations which regulate the securities industry. Exemptions claimed for the system: None. BGFRS-18 System name: FRB—Consumer Complaint Information. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Some information is collected and maintained, on behalf of the Board, by the twelve Federal Reserve Banks. Categories of individuals covered by the system: Persons who have filed consumer complaints with the Federal Reserve Board or a Federal Reserve Bank, or whose complaint to another agency has been referred to the Federal Reserve Board for review. Categories of records in the system: Complaints regarding state-chartered member banks, as well as other financial institutions, individuals, or organizations that are subject to federal banking supervision. The records may contain the name and address of an individual or organization that referred a matter to the Board. Information in these records includes the complainant's name; the name of the financial institution that is the subject of the complaint; the subject matter of the complaint; and the Board's response to the complaint. Supporting records include, but are not limited to, documents supplied by the complainant. If the complaint concerns an institution that is not subject to supervision by the Board, the record may consist of a referral letter to the appropriate supervisory agency. Authority for maintenance of the system: Section 11 of the Federal Reserve Act (12 U.S.C. 248); section 5 of the Bank Holding Company Act (12 U.S.C. 1844); and section 18(f) of the Federal Trade Commission Act (15 U.S.C. 57a(f)). Purpose(s): These records are collected and maintained to permit the Board to perform its responsibilities under the Federal Reserve Act, the Federal Trade Commission Act, and other consumer protection laws to respond to consumer complaints and inquiries regarding practices by banks and other financial institutions supervised by the Board. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, B, C, D, G, and I apply to this system. Records may also be used: 1. To disclose information to a Board-regulated entity that is the subject of a complaint or inquiry; and 2. To disclose information to third parties to the extent necessary to obtain information that is relevant to the resolution of a complaint or inquiry. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. Electronic records are stored in the Federal Reserve Integrated Records Management Architecture (FIRMA). *Retrievability.* Records can be retrieved by consumer name, bank name, Reserve Bank name, or control number. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All records are retained for five years, then destroyed when no longer needed for administrative purposes. System manager and address: Division Director, Consumer and Community Affairs, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual who initiates complaint (or his or her representative, which may include a member of Congress or an attorney); appropriate federal, state, or local regulatory and enforcement agencies; and institutions or individuals that are the subject of the complaint. Exemptions claimed for the system: Certain portions of this system of records may be exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and
(f)of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). BGFRS-20 System name: FRB—Survey of Consumer Finances. System location(s): Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Information is also collected and maintained on behalf of the Board, by National Opinion Research Center at the University of Chicago
(NORC)at 1155 East 60th Street, Chicago, IL 60637. Categories of individuals covered by the system: Voluntary response to the Board's periodic survey of U.S. households on the current state of households' finances (SCF). Categories of records in the system: NORC, the independent contractor for survey data collection, holds three types of files:
(a)Answers given by survey participants in the course of the administration of the survey questionnaire. No identifying information is included in this category.
(b)Answers given by interviewers to questions about the administration, or attempted administration, of the survey interview, and answers given by interviewers to questions about the area around the sample addresses. No identifying information is included in this category.
(c)A control file containing the name, address, other identifying or locating characteristics of members of the survey sample, and technical information describing survey participation. The Board holds five types of files:
(a)All information included in (1)(a) and (1)(b).
(b)A control file containing general geographic characteristics and technical information describing survey participation. No identifying information is included in this category.
(c)For a part of the survey sample, information from statistical records derived from individual tax returns, including a Social Security number but containing no other identifying information.
(d)Files of information matched to the survey data by high-level characteristics, such as general location, occupation, banking market, etc. No identifying information is included in this category. Authority for maintenance of the system: Section 2A of the Federal Reserve Act (12 U.S.C. 225a) and 15 U.S.C. 1601, note. Purpose(s): The records are collected and maintained for statistical purposes only in order to structure, conduct, and process the SCF. The SCF is a key part of the national statistical system and it provides a basis for a wide variety of government, academic, and other statistical research. Routine uses of records maintained in the system, including categories of users and the purpose of such uses: Data collected as a part of the SCF are protected under the Confidential Information Protection and Statistical Efficiency Act (CIPSEA). To the extent that disclosure is permitted under CIPSEA, records may be disclosed for general routine uses C and I. Records may also be used: 1. Prior to the completion of data collection, the survey contractor uses information in the system to devise and attempt to execute a plan to request an interview with all members of the survey sample; access to such information is available only to those involved in the sample design and its implementation in the field. 2. Upon completion of data collection, access by the contractor to the system is limited to the specific information necessary to complete the initial processing of the data and to respond to requests from survey participants. 3. At the Board, access to data from the system is available only to staff members who have the primary responsibility for conducting and processing the survey. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Records of answers provided by survey participants or interviewers can be retrieved by an identification number (which is generated for administrative purposes). Control file records can be retrieved by all categories of identifying information and above noted identification number. *Access Controls.* Access to records is limited to those whose official duties, consistent with CIPSEA, require it. All records are secured by such controls as required to comply with CIPSEA. *Retention and disposal.* All input information is retained at least six months after the accuracy of the database has been verified and destroyed when no longer needed for administrative or reference purposes. The final version of the SCF data set is one statistically altered to protect the identity of the survey participants; this data set is placed in the public domain. A data set without these alterations is retained as a restricted version within the Microeconomics Surveys Unit at the Federal Reserve Board. Systems manager and address: Head, Microeconomic Surveys Unit, Financial Studies Section, Division of Research and Statistics, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by survey participants. Other information about the steps taken to obtain an interview, the progress of the interview, and the general characteristics of the neighborhood of the sample address, is obtained from the survey interviewers. Technical sample design information for a geographically based part of the survey sample is obtained from NORC; for sample members in the other part of the sample, statistical records derived from individual tax returns are obtained from the Statistics of Income Division of the Internal Revenue Service. Exemptions claimed for the system: None. BGFRS-21 System name: FRB—Supervisory Enforcement Actions and Special Examinations Tracking System. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Some information is collected and maintained, on behalf of the Board, by the twelve Federal Reserve Banks. Categories of individuals covered by the system: Directors, officers, employees, shareholders, agents, independent contractors, and persons participating in the conduct of the affairs of entities regulated by the Board (“institution-affiliated parties”) who may have been involved in suspected criminal activity, suspicious activities under the Bank Secrecy Act, potential or actual violations of law, or unsafe and unsound banking practices, and other individuals who may have been involved in suspected criminal activity, suspicious activities under the Bank Secrecy Act, violations of law, or unsafe or unsound banking practices referenced in documents received or prepared by the Board in the course of exercising its supervisory functions. Categories of records in the system: Inter- and intra-agency correspondence, memoranda, reports, and notes. The records stored in Supervisory Enforcement Actions and Special Examinations Tracking System (SEASE) contain information identifying and/or describing particular financial institutions and individuals; suspected criminal activity, suspicious activity under the Bank Secrecy Act, violations of law, or unsafe and unsound banking practices; dollar amounts; dates of suspicious activity, violation, or unsafe and unsound banking practice; and witnesses. The records may include the following information about current or former institution-affiliated parties or other individuals: Name; date of birth; employment relationship to institution; employment termination date; social security number or taxpayer identification number; current employer; name(s) of the financial institution that the individual is/was affiliated with in connection with alleged violations of law, suspicious activity, or unsafe and unsound banking practices; information regarding alleged violations of law, suspicious activity, or unsafe and unsound banking practices; and examination, supervisory, investigatory and/or enforcement comments in connection with alleged violations of law, suspicious activity, or unsafe and unsound banking practices. SEASE also tracks a number of other dates including case opening, approvals of case management and enforcement decisions, and effective dates and termination dates of enforcement actions. Authority for maintenance of the system: The Federal Reserve Act (12 U.S.C. 221 *et seq.* ); the Change in Bank Control Act (12 U.S.C. 1817(j)); the Bank Merger Act (12 U.S.C. 1828(c)); the Federal Deposit Insurance Act (12 U.S.C. 1811 *et seq.* ); the Bank Holding Company Act (12 U.S.C. 1841 *et seq.* ); the Bank Service Company Act (12 U.S.C. 1861 *et seq.* ); the International Banking Act (12 U.S.C. 3101 *et seq.* ); the consumer protection laws regarding practices by banks and other financial institutions supervised and regulated by the Board; the Board's Regulations (12 CFR 201 *et seq.* ); and Executive Order 9397. Purpose(s): These records are collected and maintained to serve as a central repository and tracking system for Federal Reserve System investigatory and enforcement actions. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, C, D, G, and I apply to this system. Records may also be used: 1. To disclose to federal financial regulatory agencies and FinCEN information relevant to their enforcement authority; 2. To disclose information to third parties during the course of an investigation to the extent necessary to obtain information pertinent to the investigation; and 3. To disclose information with regard to formal enforcement actions pursuant to 12 U.S.C. 1818(u), which requires the Board to publish and make available certain enforcement documents. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Records can be retrieved by indexes of data fields, including name of financial institution, Federal Reserve Bank District, and individuals' names, social security number or taxpayer identification number, date of birth, employment relationship, employment termination date, and current employer. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All records are retained with related records and deleted when no longer needed for administrative or reference purposes. System manager and address: Special Counsel (Manager), Supervisory Enforcement Actions Section, Banking Supervision and Regulation, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by various sources, including, *inter alia,* law enforcement and other agency personnel involved in sending inquiries to the Board, documents received by the Board in the course of executing the Board's supervisory responsibilities, and reports and forms filed by individuals to whom the record pertains. The information maintained by FinCEN is compiled from SAR and related historical and updating forms compiled by financial institutions, the Board, and the other federal financial regulatory agencies for law enforcement purposes. Exemptions claimed for the system: Certain portions of this system of records may be exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and
(f)of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). BGFRS-23 System name: FRB—Freedom of Information Act and Privacy Act Case Tracking and Reporting System. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Individuals who have submitted requests and individuals whose records are requested by others under the provisions of the Freedom of Information Act
(FOIA)or the Privacy Act (PA), and individuals who have submitted feedback regarding the FOIA or PA programs and the processing of FOIA or PA requests. Categories of records in the system: For individuals who have submitted requests, the following categories of records are maintained in this system: The log number assigned to the request, the name and address of a requester, the date of the request, the date a response is due, the date of the determination letter, the date responsive documents were mailed to requester, a brief description of the information requested, the names of Board staff to whom the request was assigned for processing, fee data, and other information used for tracking and to compile the FOIA Annual Report and other required reports. For individuals who have submitted feedback, the following categories of records are maintained in this system: The name and address of the individuals submitting the feedback, the date of the submission, the content of the feedback, a description of the subject matter of the feedback, the name of the Board employee who received the feedback and the response to the feedback. Authority for maintenance of the system: FOIA (5 U.S.C. 552), PA (5 U.S.C. 552a), and 12 CFR 261 and 261a. Purpose(s): These records are collected and maintained to assist the Board in carrying out its responsibilities under the FOIA and PA. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses C and I apply to this system. Records may also be used: 1. To provide information to another federal agency, which furnished information responsive to a request, for the purpose of making a decision regarding access or amendment to the responsive information; and 2. To release information to the news media and the public, unless it is determined that release of specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Records can be retrieved by name of requester, log number assigned to the request, subject matter of the request, or any other field of information that is collected. *Access Controls.* Access is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All records are retained for the appropriate period which ranges from two years after date of reply to six years after the final action by the agency or final adjudication by courts, whichever is later. System manager and address: Manager, Freedom of Information Office, Office of the Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual making the request or submitting feedback regarding the FOIA or PA program, other agencies referring requests for access to or correction of records originating at the Board, and Board employees engaged in processing or making determinations on the requests or responding to the feedback. Exemptions claimed for the system: None. BGFRS-24 System name: FRB—EEO General Files. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Past and present employees of the Board. Categories of records in the system: Self-identification reports of current and former employees regarding race, national origin, sex, and disability; identification by Board staff regarding the race, national origin, sex, and disability for those employees who refuse to voluntarily provide the information; and EEO-related training records. Authority for maintenance of the system: Rehabilitation Act of 1973 (29 U.S.C. 791); Title VII of the Civil Rights Act (42 U.S.C. 2000e *et seq.* ); Equal Pay Act (29 U.S.C. 206); sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and 248); and the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 ( *5 U.S.C. 2301, note* ). Purpose(s): These records are collected and maintained to assist the Board in carrying out its responsibilities under the Rehabilitation Act of 1973, Title VII of the Civil Rights Act, and other nondiscrimination statutes. Routine uses of records maintained in the system, including categories of uses and the purposes of such uses: General routine uses A, B, C, D, F, G and I apply to this system. Records may also be used to disclose information to management as a data source for production of summary descriptive statistics and analytical studies in support of the function for which the records are collected and maintained, or for related personnel management functions or manpower studies and may also be utilized to respond to investigative or legal requests for statistical information (without personal identification of individuals). Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Records can be retrieved by the individual's name. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All records are retained for three years, or when superseded or obsolete. System manager and address: EEO Programs Director, Office of the Staff Director for Management, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: The information is provided by the individual to whom the record pertains and employees responsible for administering the Board's EEO program. Exemptions claimed for the system: None. BGFRS-25 System name: FRB—Multi-Rater Feedback Records. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The completed multi-rater questionnaires and the resulting feedback reports are collected and maintained, on behalf of the Board, by the Hay Group at SunGard Data Systems Inc., 680 East Swedesford Road, Wayne, Pennsylvania 19087. Based on the information provided by the completed questionnaires, the contractor provides an individual feedback report to the individual being evaluated. With the exception of the feedback report that is provided to the individual being evaluated, no individually identifiable information is maintained on the Board's premises. Categories of individuals covered by the system: Past and present employees of the Board who have participated in the multi-rater feedback program. Categories of records in the system: Questionnaires completed by the individual being evaluated and his or her respondents, analyses of the questionnaires, and feedback reports compiled by the contractor based upon the analyses. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and 248). Purpose(s): These records are collected and maintained to assist the Board in administering its personnel functions and improving the management skills of its employees. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routines uses A, C, D, F, G, H, and I apply to this system. Records may also be used to disclose information to an arbitrator to resolve disputes under a negotiated grievance procedure or to officials of labor organizations recognized under applicable law, regulation, or policy when relevant and necessary to their duties of exclusive representation concerning personnel policies, practices, and matters affecting working conditions. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievabililty.* Records can be retrieved by the name of the individual being evaluated. *Access Controls.* The contractor maintains strict confidentiality of the information. Information in these files is not provided to Board employees, except the individual being evaluated. *Retention and disposal.* All records are retained for four years. System manager and address: Training Supervisor, Management Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual and his or her respondents, which may include the individual's peers and supervisors. Exemptions claimed for the system: Certain portions of this system of records may be exempted from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and
(f)of the Privacy Act pursuant to 5 U.S.C. 552a(k)(5). BGFRS-26 System name: FRB—Employee Relations Records. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Past and present Board employees (including special employees) with work-related issues that have involved the employee relations specialists in the Human Resources Function of the Management Division. Categories of records in the system: Written communications and related documents involved in adjusting work-related problems, including copies of records included in other systems of records, including Performance Management Program
(PMP)reports and related documentation, records of disciplinary actions, and records related to the Personal Placement Program. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and 248). Purpose(s): These records are collected and maintained to assist the Board in administering its personnel functions, and to assist employees in resolving work-related issues. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, B, C, D, E, F, G, H, and I apply to this system. Records may also be used to disclose information to any source from which additional information is requested (to the extent necessary to identify the individual, inform the source of the purpose(s) of the request, and to identify the type of information requested), when necessary to obtain information relevant to a Board decision to hire or retain an employee, issue a security clearance, conduct a security or suitability investigation of an individual, classify jobs, let a contract, or issue a license, grant, or other benefits. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. Electronic records are stored in the Federal Reserve Integrated Records Management Architecture (FIRMA). *Retrievabililty.* Records can be retrieved by the names of the individuals on whom they are maintained or by employee identification number. *Access Controls.* Access is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All records relating to an employee's performance are retained for a period of ten years. All other records are retained for the appropriate period in accordance with the time period set forth in National Archives' General Records Schedule number 1. System manager and address: Manager, Staffing, ER and Clearances, Management Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains; the individual's managers, supervisors, and officers; employees and officers in the Human Resources Function of the Management Division. Exemptions claimed for the system: None. BGFRS-27 System name: FRB—Performance Management Program Records. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Final Performance Management Program
(PMP)reports are maintained by the Human Resources Function of the Management Division. Supporting documentation for the reports is maintained in the division where the employee works or worked. Categories of individuals covered by the system: Past and present Board employees. Categories of records in the system: Completed PMP reports, attachments, and supporting documentation; submissions and written suggestions by the subject employee; and records of PMP objective-setting sessions. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and 248). Purpose(s): These records are collected and maintained to assist the Board in administering its personnel functions. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, B, C, D, E, F, G, H, and I apply to this system. Records may also be used to disclose information to public and private organizations, including news media, which grant or publicize employee awards. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. Electronic records are stored in the Federal Reserve Integrated Records Management Architecture (FIRMA). *Retrievabililty.* Records can be retrieved by the names of the individuals on whom they are maintained. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All records are retained for a period of ten years. System manager and address: Associate Director, Human Resources, Management Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains, and the individual's manager(s). Exemptions claimed for the system: None. BGFRS-28 System name: FRB—Employee Assistance Program Records. System location: This information is collected and maintained, on behalf of the Board, by Cope, Inc. at 1129 G Street, NW., Suite 550, Washington, DC 20005. Categories of individuals covered by the system: Past and present employees, and their spouses and dependent children, who have consulted with, or been referred to, the Employee Assistance Program (EAP). Categories of records in the system: Case files developed for each client seen by a counselor, including notes of each contact between the client and counselor, an intake form, the counselor's assessment, the kind of services being provided (including referrals), any release forms signed, and follow-up information on the outcome of the consultation. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and 248) and Executive Order 12564. Purpose(s): These records are collected and maintained to assist the Board in providing a safe and healthy working environment, and to comply with Executive Order 12564. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: Records may be used: 1. To disclose information to a new employee assistance contractor following a contract transition for the services; and 2. To disclose information to family members or guardians, the appropriate law enforcement officers, security services, or child protective services, or other appropriate persons:
(a)Where there is a reason to suspect abuse or neglect of children or other vulnerable persons,
(b)Where the individual using the EAP services poses a serious threat to the health or safety of himself or herself or another individual, or
(c)Where the individual using EAP services presents a clear and present danger to the safety and security of the community, workplace, or nation. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper form. *Retrievabililty.* Records can be retrieved by the name of the individual. *Access Controls.* Only staff of the EAP have access to the files, which are maintained on the premises of the contractor hired to administer the program. *Retention and disposal.* All records are retained for three years after the termination of counseling. System manager and address: Employee Assistance Program Administrator, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains; the EAP counselor; the Board's EAP administrator; an employee's physical or mental health care provider or counselor; medical institutions; the contractor administering the Drug-Free Workplace Plan; and Federal Reserve System personnel records. Exemptions claimed for the system: None. BGFRS-29 System name: FRB—Benefits Records. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Some information is collected and maintained, on behalf of the Board, by its benefits contractors. Categories of individuals covered by the system: Past and present Board employees and their named beneficiaries. Categories of records in the system: All forms relating to employee benefits, records relating to claims filed for benefits, and memoranda relating to individuals' benefits. These benefits include health insurance, dental plan, life insurance, disability coverage, accident insurance, flexible spending accounts, premium conversion accounts, voluntary plans (i.e., Auto Insurance), retirement and thrift plans, and any other benefits offered by the Board. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and 248). Purpose(s): These records are collected and maintained to administer the Board's benefits programs for its employees and assist in personnel management. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, B, C, D, F, G, H, and I apply to this system. Records may also be used: 1. To disclose information to the Board's Thrift Plan, the Board's Group Life Insurance administrators, Department of Labor, Department of Veterans Affairs, Social Security Administration, Department of Defense, a Federal Reserve Bank, or any federal agencies that have special civilian employee retirement programs; or to a national, state, county, municipal, or other publicly recognized charitable or income security administration agency (e.g., state unemployment-compensation agencies), when necessary to adjudicate a claim under the retirement, insurance, unemployment, or health benefits programs of the Board, a Federal Reserve Bank, or any agency cited above, or to an agency to conduct an analytical study or audit of benefits being paid under such programs; 2. To disclose to the Office of Personnel Management's Federal Employees Group Life Insurance Program information necessary to verify election, declination, or waiver of regular and/or optional life insurance coverage, eligibility for payment of a claim for life insurance, or a Thrift Savings Program
(TSP)election change and designation of beneficiary; 3. To disclose to health insurance carriers that provide a health benefits plan under the Federal Employees Health Benefits Program information that is necessary to verify eligibility for payment of a claim for health benefits; and 4. To disclose information to the executor of an individual's estate, the government entity probating a will, a designated beneficiary, or to any person who is responsible for the care of an individual to the extent necessary when the individual to whom a record pertains is deceased, or mentally incompetent, or under other legal disability, and to disclose information to an individual's emergency contact when necessary to assist that individual in obtaining any employment benefit or any working condition, such as accommodations under the Rehabilitation Act of 1973. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. Electronic records are stored in the Federal Reserve Integrated Records Management Architecture (FIRMA). *Retrievabililty.* Records can be retrieved by the names of the individuals on whom they are maintained. *Access Controls.* Access is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* Records regarding transferred employees are transferred to the employee's new agency. Other records are retained for sixty-five years after the employee's separation from Board service. System manager and address: Manager, Payroll, Compensation and Benefits, Management Division, Board of Governors of the Federal Reserve System, 20th and Constitution, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains, the benefit provider, and staff of Human Resources in the Management Division. Exemptions claimed for the system: None. BGFRS-30 System name: FRB—Academic Assistance Program Files. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The primary files are maintained by the Human Resources Function of the Management Division. Supporting documentation may be maintained in the division where the employee works or worked. Categories of individuals covered by the system: Past and present Board employees. Categories of records in the system: Applications for academic assistance; descriptions of course work by at universities; documents relating to requests for exceptions to sections of the Academic Assistance Policy; reimbursement documentation for textbooks; and a database that tracks all courses applied for, completed, and reimbursed. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and 248). Purpose(s): These records are collected and maintained to assist the Board in its personnel management and in providing training and educational opportunities to its employees. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, B, C, D, F, G, H, and I apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievabililty.* Records can be retrieved by the names of the individuals on whom they are maintained. *Access Controls.* Access to these records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All records are retained for five years or when superseded or obsolete, whichever is sooner. System manager and address: Training Supervisor, Management Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains and his or her supervisor. Exemptions claimed for the system: None. BGFRS-31 System name: FRB—Protective Information System. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Individuals who are the subject of protective and background investigations by the Board's Protective Services Unit and/or law enforcement agencies where the evaluation of such individuals, in accordance with criteria established by the Protective Services Unit, indicates a need for such investigations; individuals who are the subject of investigative records and reports supplied to the Board's Protective Services Unit by federal, state, and local law enforcement agencies, foreign or domestic, other non-law enforcement governmental agencies, or private institutions and individuals; and individuals who have attempted or solicited unauthorized entry into areas secured by the Board's Protective Services Unit; individuals who have sought unauthorized contact with persons protected by the Protective Services Unit; or individuals who have been involved in incidents or events which relate to the protective functions of the Protective Services Unit. Categories of records in the system: Records containing information supplied by federal, state, and local law enforcement agencies, foreign or domestic, other non-law enforcement governmental agencies, private institutions and persons concerning individuals who, because of their current activities, background, prior activities and/or behavior, may be of interest to the Board's Protective Services Unit; records containing information compiled for the purpose of identifying and evaluating individuals who may constitute a threat to the safety of persons or security of areas protected by the Board's Protective Services Unit; and records containing information compiled for the purpose of background investigations of individuals, including but not limited to, passholders, tradesmen, maintenance or service personnel who have access to areas secured by or who may be in close proximity to persons protected by the Board's Protective Services Unit. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and 248). Purpose(s): These records are collected and maintained to assist the Board in providing a safe and secure environment for the chairman, Board members and other Federal Reserve System staff. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, B, C, D, G, and I apply to this system. Records may also be used to disclose information to personnel of federal, state, and local law enforcement agencies, and other governmental agencies foreign or domestic:
(a)For the purpose of developing information on subjects involved in protective investigations and evaluations and for the purpose of protective intelligence briefings of personnel of other law enforcement and governmental agencies assisting the Board's Protective Services Unit in the performance of its protective functions;
(b)where such disclosures are considered reasonably necessary for the purpose of furthering efforts to investigate the activities of those persons considered to be of protective interest; or
(c)where there is a showing of a reasonable need to accomplish a valid law enforcement purpose. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Records can be retrieved by name, address, telephone numbers, and other identifying information. *Access controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* The retention for these records is currently under review. Until review is completed, these records will not be destroyed. System manager and address: Director, Protective Services Unit, Office of the Staff Director for Management, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: This information is exempt pursuant to 5 U.S.C. 552a(k)(2). Exemptions claimed for the system: Certain portions of this system of records may be exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and
(f)of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). BGFRS-32 System name: FRB—Visitor Registration System. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: All visitors to the buildings and other locations owned or leased by the Board. Categories of records in the system: This system contains information concerning individuals who wish to enter a building occupied by the Board. The following categories of records are maintained in this system: The individual's name; date of birth; Social Security number or passport number and country of issue; organization or agency; Board employee visited; purpose of visit; date and time of meeting or visit; e-mail address; and whether the individual has been denied access to the Board. In addition, information derived from law enforcement databases may be included in some paper records. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 243 and 248), and Executive Order 9397. Purpose(s): The records are collected and maintained to permit the Board to provide for the security of its premises and the personnel in those premises by prescreening visitors. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, B, C, D, G, and I apply to this system. Records are also used to disclose information to appropriate federal, state, local, or foreign agencies where disclosure is reasonably necessary to determine whether an individual intending to visit the Board poses a security risk. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Records can be retrieved by name, Social Security number, passport number, date of birth, host name, organization, purposes of the visit, and date. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All records are retained for two years after final entry to the Board or two years after date of document, as appropriate. System manager and address: Assistant Director, Management Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual who wishes to enter the Board's premises, and, where appropriate, from law enforcement databases. Exemptions claimed for this system: Certain portions of this system of records may be exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and
(f)of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). BGFRS-33 System name: FRB—Telephone Call Detail Records. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Past and present Board employees, consultants, and contractors who have been assigned a telephone number by the Board. Categories of records in the system: Records relating to use of Board telephones to place local and long distance calls; records indicating assignment of telephone numbers to individuals covered by the system; and records relating to location of telephones. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 243 and 248). Purpose(s): These records are collected and maintained to detect and prevent unauthorized use of the Board's telephones. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, B, C, D, F, G, and I apply to this system. Records may also be used to disclose information to current or former Board employees and other individuals currently or formerly provided telephone services by the Board to determine individual responsibility for telephone calls. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Records can be retrieved by name of individual or telephone number or by number(s) dialed. *Safeguards.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* The retention and disposal period for these records is currently under review. System manager and address: Director, Division of Information Technology, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the telephone assignment records; call detail listings; results of administrative inquiries relating to assignment of responsibility for placement of specific long distance and local calls. Exemptions claimed for the system: None. BGFRS-34 System name: FRB—ESS Staff Identification Card File. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Past and present Board employees, temporary employees, retirees, tenants, other government agency employees who have a need for an FRB identification card, designated Federal Reserve Bank officers and employees, and contractors who have been issued a Board identification card. Categories of records in the system: Image of a picture of the individual; the individual's name; card number; finger minutiae; card status; badge expiration date; employer's name (if not the Board); relationship to the Board; card holder type; employee identification number; and division; and, if applicable, authorization to use the exercise facilities, data center, central stock room (CSR), or any other controlled area requiring permissions beyond general access. The database records the times of attempted and authorized card initiated access to and egress from the Board's buildings using the automated access control system. Additionally, access is logged for entry into controlled spaces. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 243 and 248). Purpose(s): These records are collected and maintained to provide security of the Board's premises against unauthorized entry; to record entry to Board premises as well as entry into secured areas by authorized personnel; to record departure from Board's premises; to control access to certain areas within Board premises; and to determine who is present on Board property. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, B, C, D, F, G, and I apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Records can be retrieved by area, time/date, name, card number, or employee identification number. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* The retention period for these records is currently under review. Until review is completed, these records will not be destroyed. System manager and address: Manager, Technical Security Unit, Management Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains and the Board's personnel records. Information regarding entry into and egress from Board premises or secured areas is obtained from use of the card to open the doors. Authorization for access to secured facilities on Board premises is provided by the Board official responsible for that secured facility. Exemptions claimed for the system: None. BGFRS-35 System name: FRB—Staff Parking Permit File. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Past and present Board employees, consultants, visitors, and contractors who have applied for or been issued a parking permit for the Board's garages. Categories of records in the system: Completed parking application forms (FR 1103), disability parking applications, and contingency parking requests submitted by employees; unusual-work-demand permits and special contingency parking authorizations submitted by division directors; requests for parking for official visitors and contractors; notifications of lost permits; a listing of permit numbers assigned to car pools, van pools, and individual employees; investigations made of compliance with the Board's parking regulations; and official actions taken as a result of violation of the Board's parking regulations. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 243 and 248). Purpose(s): These records are collected and maintained to allocate usage of the limited number of parking spaces in the Board's garages among Board staff, visitors and contractors, and to enforce the Board's parking regulations for safe use of the garages. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, C, D, F, G, and I apply to this system. Records may also be used: 1. To investigate possible violations of the Board's parking regulations; 2. To determine eligibility for a parking permit; and 3. To determine eligibility for a public transit subsidy payment. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Records can be retrieved by name of individual, parking permit number, employee identification number, or license tag number. *Safeguards.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* The retention and disposal period for these records is currently under review. System manager and address: Assistant Director, Management Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains; parking permit applications, authorizations, and requests; and from written investigations of possible violations of the Board's parking regulations. Exemptions claimed for the system: None. BGFRS-36 System name: FRB—Federal Reserve Application Name Check System. System location: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Categories of individuals covered by the system: Designated persons who are parties to regulatory applications, notices and/or proposals submitted to the Federal Reserve Board. Categories of records in the system: Name; social security, passport, or other identifying number, address; occupation, birth city, state, and country; country(ies) of citizenship; date of birth; names of related companies and the person's role at those companies; an indication whether each agency conducting a check had any information on the person and the results of the name check; and name and address of the financial institution that submitted the application with which the person was associated. Authority for maintenance of the system: Sections 9, 19, 25 and 25A of the Federal Reserve Act (12 U.S.C. 321-328, 466, 601-604(a) and 611-631); the Change in Bank Control Act (12 U.S.C. 1817(j)); Section 18(c) of the Bank Merger Act (12 U.S.C. 1828(c)); Section 32 of the Federal Deposit Insurance Act (12 U.S.C. 1831i); Sections 3, 4, and 5 of the Bank Holding Company Act of 1956 (12 U.S.C. 1842, 1843 and 1844); Section 5 of the Bank Service Company Act (12 U.S.C. 1865); Sections 7, 8 and 10 of the International Banking Act (12 U.S.C. 3105, 3106 and 3107); the Board's Regulation H (12 CFR Part 208); the Board's Regulation K (12 CFR Part 211); the Board's Regulation L (12 CFR Part 212); the Board's Regulation Y (12 CFR Part 225); and Executive Order 9397. Purpose(s): These records are collected and maintained to assist the Board in evaluating the proposed officers, directors, principal shareholders, or other persons associated with a depository institution, holding company, or other foreign or domestic entity in connection with the Board's consideration of various regulatory applications, notices, or proposals. The Board uses these records, along with other information, to determine whether the related filing meets the statutory factors for approval. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: There are no routine uses that apply to the results of the name check. General routine uses A, B, C, D, G, and I apply to all other categories of information in the system. These records may also be used: 1. To disclose certain information to other Federal agencies to enable completion of the name check process related to a particular filing; and 2. To disclose certain information to other bank and thrift regulatory agencies pursuant to explicit information sharing agreements for regulatory comment purposes. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Records are generally retrieved by an identification code internally assigned to each related filing or by the name of the financial institution involved in the related filing. However, records also can be retrieved by the name of the individual on whom they are maintained. *Access Controls.* Access and use of these records is limited to those persons whose official duties require such access. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All records are retained for 15 years and destroyed when no longer needed for administrative or reference purposes. System manager and address: Deputy Associate Director, Division of Banking Supervision and Regulation, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn of the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individuals to whom the record pertains or their agents (such as law firms or consultants) during the regulatory application, notice, or proposal process. In addition, FRS staff, as part of the due diligence process associated with the review of a particular filing, performs name checks on the individuals to be involved in the business transaction related to such filings by contacting other Federal agencies for comments related to the identified individuals. Exemptions claimed for the system: Certain portions of this system of records may be exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and
(f)of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). BGFRS/OIG-1 System name: FRB—OIG Investigative Records. System location: Office of Inspector General, Board of Governors of the Federal Reserve System, 1709 New York Avenue, NW., Suite 3000, Washington, DC 20006. Categories of individuals covered by the system: Officers or employees of the Board or other persons involved in the Board's programs or operations who are or have been under investigation by the Board's Office of Inspector General in order to determine whether such officers, employees or other persons have been or are engaging in fraud and abuse with respect to the Board's programs or operations; and complainants and witnesses where necessary for future retrieval. Categories of records in the system: Individual investigations, including investigative reports and related documents generated during the course of or subsequent to an investigation; electronic and hard-copy case-tracking systems; databases containing investigatory information; “Hotline” telephone logs and investigator work papers; and memoranda and letter referrals to management or others. Authority for maintenance of the system: Sections 4 and 6 of the Inspector General Act of 1978 (5 U.S.C. App. 4(a)(1) and 6(a)(2)). Purpose(s): These records are collected and maintained by the OIG in its inquiries and investigations and reports relating to the administration of the Board's programs and operations and to manage the investigatory program. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: General routine uses A, B, C, D, E, F, G and I apply to this system. Records may also be used: 1. To disclose information to other federal entities, such as other federal Offices of Inspector General or the General Accounting Office, or to a private party with which the OIG or the Board has contracted for the purpose of auditing or reviewing the performance or internal management of the OIG's investigatory program, provided the record will not be transferred in a form that is individually identifiable, and provided further that the entity acknowledges in writing that it is required to maintain Privacy Act safeguards for the information; 2. To disclose information to officials charged with the responsibility to conduct qualitative assessment reviews of internal safeguards and management procedures employed in investigative operations. This disclosure category consists of members of the Executive Council on Integrity and Efficiency (ECIE), the President's Council on Integrity and Efficiency (PCIE), and officials and administrative staff within their investigative chain of command authorized by the ECIE or PCIE to conduct or participate in such qualitative assessment reviews; and 3. To disclose information to any source, including a federal, state, or local agency maintaining civil, criminal, or other relevant enforcement information or other pertinent information, but only to the extent necessary for the OIG to obtain information relevant to an OIG investigation. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Records can be retrieved by numerous identifiers, including the name of the individual under investigation, investigation number, referral number, or investigative subject matter. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All files are cut off annually and destroyed 10 years after cut off. System manager and address: Inspector General, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedures: An individual desiring to learn the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Inspector General, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedures: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains, employees of the Board and the Federal Reserve System, other government employees, witnesses and informants, and nongovernmental sources. Exemptions claimed for the system: This system is exempt from any part of the Privacy Act, 5 U.S.C. 552a, except 5 U.S.C. 552a(b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and
(i)pursuant to 5 U.S.C. 552a(j)(2). Additionally, certain portions of this system of records may be exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and
(f)of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2) and (k)(5). BGFRS/OIG-2 System name: OIG Personnel Records. System location: Office of Inspector General, Board of Governors of the Federal Reserve System, 1709 New York Avenue, NW., Suite 3000, Washington, DC 20006. Categories of individuals covered by the system: Persons who have applied for employment with the Federal Reserve Board's Office of Inspector General. Categories of records in the system: Information relating to the education, training, employment history and earnings; appraisal of past performance; convictions for offenses against the law; results of tests, appraisals of potential, honors, awards of fellowships; military service or veteran status; school transcripts; work samples; birth date; Social Security number; travel vouchers; offer letters and correspondence, reference checks; and home address of past, present and prospective employees of the OIG. Includes allocations of time spent on various OIG projects and tasks (OIG Time Entry System) and related documents and reports generated by the Time Entry System. Authority for maintenance of the system: Section 8E of the Inspector General Act of 1978 and section 11 of the Federal Reserve Act (5 U.S.C. App. 8E(g)(2) and 12 U.S.C. 248(l)), and Executive Order 9397. Purpose(s): These records are collected and maintained to assist the OIG in making determinations regarding hiring, retention, promotion, and performance-evaluation decisions. Routine uses of records maintained in the system, including categories of users and purposes of such use: General routine uses A, B, C, D, E, F, G and I apply to this system. Records may also be used: 1. To disclose information to intelligence agencies of the United States, including the Department of Defense, National Security Agency, Central Intelligence Agency, and the Federal Bureau of Investigation for use in intelligence activities; 2. To disclose information to any source from which information is requested by the Board in the course of an investigation, to the extent necessary to identify the individual, inform the course of the nature and purpose of the investigation, and to identify the type of information requested; 3. To disclose information in producing summary descriptive statistics and analytical studies to support the function for which the records are collected and maintained, or for related work force studies (While published statistics and studies do not contain individual identifiers, in some instances the selection of elements of data included in the study may be structured in such a way as to make the data individually identifiable by inference.); 4. To disclose information to other federal entities, such as other federal offices of inspector general or the General Accounting Office, or to a private party with which the OIG or the Board has contracted for the purpose of auditing or reviewing the performance or internal management of the OIG, provided the record will not be transferred in a form that is individually identifiable, and provided further that the entity acknowledges in writing that it is required to maintain Privacy Act safeguards for the information; and 5. To disclose information to officials charged with the responsibility to conduct qualitative assessment reviews of internal safeguards and management procedures. This disclosure category consists of members of the Executive Council on Integrity and Efficiency (ECIE), the President's Council on Integrity and Efficiency (PCIE), and officials and administrative staff authorized by the ECIE or PCIE to conduct or participate in such qualitative assessment reviews. Policies and practices for storing, retrieving, accessing, retaining and disposing of records in the system: *Storage.* Records are stored in paper and electronic form. *Retrievability.* Records may be retrieved by a variety of personal-identification means (including by Social Security number, employee number, room number) and project or assignment codes. *Access Controls.* Access to records is limited to those whose official duties require it. Paper records are secured by lock and key and electronic records are password protected. *Retention and disposal.* All other records are retained for the appropriate period which ranges from no retention period to one year after separation or transfer. System manager and address: Inspector General, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Notification procedure: An individual desiring to learn the existence of, or to gain access to, his or her record in this system of records shall submit a request in writing to the Inspector General, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. The request should contain:
(1)A statement that it is made pursuant to the Privacy Act of 1974,
(2)the name of the system of records expected to contain the record requested or a concise description of such system of records,
(3)necessary information to verify the identity of the requester, and
(4)any other information that may assist in the rapid identification of the record for which access is being requested. Record access procedures: Same as “Notification procedures” above. Contesting record procedure: Same as “Notification procedures” above except that the envelope should be clearly marked “Privacy Act Amendment Request.” The request for amendment of a record should:
(1)Identify the system of records containing the record for which amendment is requested,
(2)specify the portion of that record requested to be amended, and
(3)describe the nature of and reasons for each requested amendment. Record source categories: Information is provided by the individual to whom the record pertains, employees of the Board and the Federal Reserve System, other government employees, and witnesses and informants. Exemptions claimed for the system: Certain portions of this system of records may be exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and
(f)of the Privacy Act pursuant to 5 U.S.C. 552a(k)(5). By order of the Board of Governors of the Federal Reserve System, April 30, 2008. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E8-9926 Filed 5-5-08; 8:45 am] BILLING CODE 6210-01-P FEDERAL TRADE COMMISSION Granting of Request for Early Termination of the Waiting Period Under the Premerger Notification Rules Section 7A of the Clayton Act, 15 U.S.C. 18a, as added by Title II of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, requires persons contemplating certain mergers or acquisitions to give the Federal Trade Commission and the Assistant Attorney General advance notice and to wait designated periods before consummation of such plans. Section 7A(b)(2) of the Act permits the agencies, in individual cases, to terminate this waiting period prior to its expiration and requires that notice of this action be published in the **Federal Register** . The following transactions were granted early termination of the waiting period provided by law and the premerger notification rules. The grants were made by the Federal Trade Commission and the Assistant Attorney General for the Antitrust Division of the Department of Justice. Neither agency intends to take any action with respect to these proposed acquisitions during the applicable waiting period. Trans No. Acquiring Acquired Entities TRANSACTIONS GRANTED EARLY TERMINATION—03/31/2008 20080956 Allion Healthcare, Inc Raymond A. Mirra, Jr Biomed America, Inc. 20080963 Nikos Hecht Movie Gallery, Inc Movie Gallery, Inc. 20080965 SXC Health Solutiions Corp New Mountain Partners LP National Medical Health CardSystems, Inc. 20080966 BMC Software, Inc BladeLogic, Inc BladeLogic, Inc. TRANSACTIONS GRANTED EARLY TERMINATION—04/01/2008 20080920 Welsh, Carson, Anderson & Stowe IX, L.P Franck Gougeon AGA Medical Holdings, Inc. 20080957 JP Morgan Chase & Co The Bear Stearns Companies Inc The Bear Stearns Companies Inc. TRANSACTIONS GRANTED EARLY TERMINATION—04/02/2008 20080896 Parker Hannifin Corporation HTR Holding Corp HTR Holding Corp. TRANSACTIONS GRANTED EARLY TERMINATION—04/04/2008 20080868 TerreStar Corporation CCIV Wireless I, LLC CCIV Wireless I, LLC. 20080882 Complete Production Services, Inc Frac Source, Inc Frac Source Services, Inc. 20080967 Elliott Associates, L.P Packeteer, Inc Packeteer, Inc. 20080968 Deseret Management Corporation Radio One, Inc Radio One, Inc., Radio One Licenses, LLC. 20080971 Ares Partners Management Company LLC Ares Capital Corporation Ares Capital Corporation. 20080972 Mountain America Federal Credit Union Salt Lake Credit Union Salt Lake Credit Union. 20080980 Alternative Asset Management Acquisition Corp. Halcyon Partners LP Halcyon Management Group LLC. 20080981 Palisades Safety and Insurance Association National Atlantic Holdings Corporation National Atlantic Holdings Corporation. TRANSACTIONS GRANTED EARLY TERMINATION—04/07/2008 20071012 ABRY Broadcast Partners III, L.P R. Steven Hicks DMX Holdings, Inc. TRANSACTIONS GRANTED EARLY TERMINATION—04/08/2008 20080948 Union Street Acquisition Corp CGW Southeast Partners IV, L.P Archway Marketing Services, Inc. 20080949 Smiths Group plc Fiberod Industries, LLC Fiberod Industries, LLC. 20080951 The Royal Bank of Scotland Group plc RFS Holdings B.V RFS Holdings B.V. 20080964 Mindray Medical International Limited Datascope Corporation Datascope Corporation. 20080979 Vicat, S.A William Douglas Walker Walker Concrete Company, Inc. Walker Construction Products, Inc. TRANSACTIONS GRANTED EARLY TERMINATION—04/10/2008 20080921 Tom L. Ward SandRidge Energy, Inc SandRidge Energy, Inc. 20080970 WellPoint, Inc Trident Capital Fund-V, LP Resolution Health, Inc. TRANSACTIONS GRANTED EARLY TERMINATION—04/11/2008 20080952 Schneider Electric SA George O. McDaniel III ECP Tech Services, Inc. 20080985 Centene Corporation Celtic Capital Celtic Group, Inc. 20080993 Walgreen Co I-trax, Inc I-trax, Inc. 20080994 Aurora Equity Partners III LP NuCO2 Inc NuCO2 Inc. 20080996 Reyes Holdings, L.L.C Ron L. Fowler Mesa Distributing Co., Inc. 20081005 Cortec Group Fund IV, L.P E&B Giftware Holdings, LLC E&B Giftware LLC. 20081005 Humana Inc OSF Healthcare System OSF Health Plans, Inc. TRANSACTIONS GRANTED EARLY TERMINATION—04/14/2008 20080941 Welsh, Carson, Anderson & Stowe X, L.P Local Insight Regatta Holdings, Inc Local Insight Regatta Holdings, Inc. 20080942 Local Insight Regatta Holdings, Inc Welsh, Carson, Anderson & Stowe X, L.P Local Insight Media, L.P. 20080943 Welsh, Carson, Anderson & Stowe IX, L.P Superholdco Superholdco. 20080944 Welsh, Carson, Anderson & Stowe VIII, L.P Superholdco Superholdco. 20080960 C. R. Bard, Inc Specialized Healthcare Products International, Inc Specialized Healthcare Products International, Inc. TRANSACTIONS GRANTED EARLY TERMINATION—04/15/2008 20081009 Accretive II, LP AlphaStaff Group, Inc AlphaStaff Group, Inc. TRANSACTIONS GRANTED EARLY TERMINATION—04/16/2008 20080990 Baker Brothers Life Sciences, L.P Genomic Health Inc Genomic Health Inc. 20081015 Wells Fargo & Company The Toronto-Dominion Bank Flatiron Credit Company, Inc. TRANSACTIONS GRANTED EARLY TERMINATION—04/17/2008 20081014 O'Reilly Automotive, Inc CSK Auto Corporation CSK Auto Corporation. For Further Information Contact: Sandra M. Peay, Contact Representative, or Renee Hallman, Contact Representative. Federal Trade Commission, Premerger Notification Office, Bureau of Competition, Room H-303, Washington, DC 20580,
(202)326-3100. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. E8-9754 Filed 5-5-08; 8:45 am] BILLING CODE 6750-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Findings of Scientific Misconduct AGENCY: Office of the Secretary, HHS. ACTION: Notice. SUMMARY: Notice is hereby given that the Office of Research Integrity
(ORI)and the Assistant Secretary for Health have taken final action in the following case: *Lois Bartsch, Ph.D., University of Nebraska Medical Center:* Based on the report of an investigation conducted by the University of Nebraska Medical Center
(UNMC)and additional analysis conducted by the Office of Research Integrity
(ORI)during its oversight review, the U.S. Public Health Service
(PHS)found that Lois Bartsch, Ph.D., former postdoctoral research trainee, Department of Genetics, Cell Biology, and Anatomy, UNMC, engaged in scientific misconduct in research supported by National Cancer Institute (NCI), National Institutes of Health (NIH), grants P30 CA36727 and R01 CA77876 and National Center for Research Resources (NCRR), NIH, grant P20 RR016469. Specifically, PHS found that Dr. Bartsch: • Falsified DNA sequence files by deleting a nucleotide and changing nucleotide designations and reported the altered file as the ACI rat *p16Cdkn2a* sequence with a CpG dinucleotide polymorphism in the upstream region to GenBank, in grant application CA118151, and in the poster presented to Cold Spring Harbor Laboratory (CSHL); • Fabricated the claim in grant application CA118151 that GenBank entries for the human *p16Cdkn2a* gene had a CpG polymorphism near the transcription start site; • Falsified the differential methylation of CpG dinucleotides near the transcription start site of *p16Cdkn2a* DNA and reported that tumor tissue was more methylated than normal tissue in ACI rats treated with estrogen and that the ACI allele was more methylated than the BN allele in tumor tissue from (BN × ACI)F <sup>1</sup> animals treated with estrogen in grant application CA118151. Dr. Bartsch has entered into a Voluntary Exclusion Agreement (Agreement) in which she neither admits nor denies ORI's finding of scientific misconduct; the settlement is not an admission of liability on the part of the respondent. In accordance with the terms of the Agreement, she has voluntarily agreed, beginning on April 15, 2008:
(1)To exclude herself from any contracting or subcontracting with any agency of the United States Government and from eligibility or involvement in nonprocurement programs of the United States Government referred to as “covered transactions” pursuant to HHS' Implementation (2 CFR Part 376 *et seq.* ) of OMB Guidelines to Agencies on Government-wide Debarment and Suspension (2 CFR Part 180) for a period of two
(2)years; and
(2)To exclude herself permanently from serving in any advisory capacity to PHS, including but not limited to service on any PHS advisory committee, board, and/or peer review committee, or as a consultant or contractor to PHS for a period of three
(3)years. FOR FURTHER INFORMATION CONTACT: Director, Division of Investigative Oversight, Office of Research Integrity, 1101 Wootton Parkway, Suite 750, Rockville, MD 20852
(240)453-8800. Chris B. Pascal, Director, Office of Research Integrity. [FR Doc. E8-9858 Filed 5-5-08; 8:45 am] BILLING CODE 4150-31-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Statement of Organization, Functions and Delegation of Authority Notice is hereby given that I have delegated to the Principal Deputy Assistant Secretary, Deputy Assistant Secretaries, Program Directors, Program Commissioners, Deputy Director/Commissioner, Office of Child Support Enforcement, and Staff Office Directors the following authority vested in me by the Secretary of Health and Human Services in the memorandum dated August 20, 1991, Delegations of Authority for Social Security Act Programs; 31 U.S.C. 1535; and HHS General Administrative Manual, Chapter 8-77.
(a)*Authorities Delegated.* 1. Authority to administer approved cooperative research, experimental, pilot or demonstration projects under the provisions of sections 1110 and 1115 of the Social Security Act. 2. Authority to approve interagency agreements to procure, provide or exchange services, supplies or equipment.
(b)*Limitations.* 1. The authority listed in #1 above shall be exercised under the condition that projects may be approved and administered by the Office of Planning, Research and Evaluation (OPRE), by the program/staff office or jointly by OPRE with the program/staff office. 2. Where all or any part of an experimental, pilot, demonstration, or other project is wholly financed with Federal funds made available under sections 1110 or 1115 of the Social Security Act, without any State, local or other non-Federal financial participation, that project must be approved by the Secretary of Health and Human Services. 3. This delegation of authority does not include the authority to approve/disapprove projects under section 1115 of the Social Security Act or approve/disapprove waivers of State Plan requirements or costs that would not otherwise be included as expenditures under the provisions of sections 1115(a)(1) and
(2)of the Social Security Act. 4. The authority to approve interagency agreements to procure, provide, or exchange services, supplies, or equipment requires the concurrence of the ACF Chief Financial Officer if it exceeds $250,000 (including amendments) within a fiscal year or if it requires the signature of the Assistant Secretary, ACF, or the Secretary of HHS.
(c)*Effective Date.* This delegation is effective upon the date of signature.
(d)*Effect on Existing Delegations.* As related to this delegation of authority, this delegation supersedes all previous delegations of authority involving the administration of the cross-program authorities delegated herein. I hereby ratify and affirm any actions taken by the Principal Deputy Assistant Secretary, Deputy Assistant Secretaries, Program Directors, Program Commissioners, Deputy Director/Commissioner, Office of Child Support Enforcement, and Staff Office Directors, which involved the exercise of the authority delegated herein prior to the effective date of this delegation. Dated: April 22, 2008. Daniel C. Schneider, Assistant Secretary for Children and Families. [FR Doc. E8-9898 Filed 5-5-08; 8:45 am] BILLING CODE 4184-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2008-N-0259] Agency Information Collection Activities: Proposed Collection; Comment Request; Guidance for Industry: Fast Track Drug Development Programs: Designation, Development, and Application Review AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the proposed collection of information concerning requests by sponsors of investigational new drugs and applicants for new drug approvals or biologics licenses for fast track designation as provided in the guidance for industry on fast track drug development programs. DATES: Submit written or electronic comments on the collection of information by July 7, 2008. ADDRESSES: Submit electronic comments on the collection of information to *http://www.regulations.gov* . Submit written comments on the collection of information to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. All comments should be identified with the docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Elizabeth Berbakos, Office of the Chief Information Officer (HFA-250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-1482. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget
(OMB)for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal agencies to provide a 60-day notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document. With respect to the following collection of information, FDA invites comment on these topics:
(1)Whether the proposed collection of information is necessary for the proper performance of FDA's functions, including whether the information will have practical utility;
(2)the accuracy of FDA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology. Guidance for Industry: Fast Track Drug Development Programs: Designation, Development, and Application Review (OMB Control Number 0910-0389)—Extension Section 112(a) of the Food and Drug Administration Modernization Act of 1997 (FDAMA) (Pub. L. 105-115) amended the Federal Food, Drug, and Cosmetic Act (the act) by adding section 506 (21 U.S.C. 356). The section authorizes FDA to take appropriate action to facilitate the development and expedite the review of new drugs, including biological products, intended to treat a serious or life-threatening condition and that demonstrate a potential to address an unmet medical need. Under FDAMA section 112(b), FDA issued guidance to industry on fast track policies and procedures outlined in section 506 of the act. The guidance discusses collections of information that are specified under section 506 of the act, other sections of the Public Health Service Act (the PHS Act), or implementing regulations. The guidance describes three general areas involving collection of information:
(1)Fast track designation requests,
(2)premeeting packages, and
(3)requests to submit portions of an application. Of these, fast track designation requests and premeeting packages, in support of receiving a fast track program benefit, provide for additional collections of information not covered elsewhere in statute or regulation. Information in support of fast track designation or fast track program benefits that has previously been submitted to the agency, may, in some cases, be incorporated into the request by referring to the information rather than resubmitting it. Under section 506(a)(1) of the act, an applicant who seeks fast track designation is required to submit a request to the agency showing that the product:
(1)Is intended for a serious or life-threatening condition; and
(2)the product has the potential to address an unmet medical need. Mostly, the agency expects that information to support a designation request will have been gathered under existing provisions of the act, the PHS Act, or the implementing regulations. If such information has already been submitted to the agency, the information may be summarized in the fast track designation request. The guidance recommends that a designation request include, where applicable, additional information not specified elsewhere by statute or regulation. For example, additional information may be needed to show that a product has the potential to address an unmet medical need where an approved therapy exists for the serious or life-threatening condition to be treated. Such information may include clinical data, published reports, summaries of data and reports, and a list of references. The amount of information and discussion in a designation request need not be voluminous, but it should be sufficient to permit a reviewer to assess whether the criteria for fast track designation have been met. After the agency makes a fast track designation, a sponsor or applicant may submit a premeeting package which may include additional information supporting a request to participate in certain fast track programs. The premeeting package serves as background information for the meeting and should support the intended objectives of the meeting. As with the request for fast track designation, the agency expects that most sponsors or applicants will have gathered such information to meet existing requirements under the act, the PHS Act, or implementing regulations. These may include descriptions of clinical safety and efficacy trials not conducted under an investigational new drug application (i.e., foreign studies), and information to support a request for accelerated approval. If such information has already been submitted to FDA, the information may be summarized in the premeeting package. Consequently, FDA anticipates that the additional collection of information attributed solely to the guidance will be minimal. Under section 506(c) of the act, a sponsor must submit sufficient clinical data for the agency to determine, after preliminary evaluation, that a fast track product may be effective. Section 506(c) also requires that an applicant provide a schedule for the submission of information necessary to make the application complete before FDA can commence its review. The guidance does not provide for any new collection of information regarding the submission of portions of an application that is not required under section 506(c) of the act or any other provision of the act. All forms referred to in the guidance have a current OMB approval: FDA Forms 1571 (OMB Control No. 0910-0014); 356h (OMB Control No. 0910-0338); and 3397 (OMB Control No. 0910-0297). Respondents to this information collection are sponsors and applicants who seek fast track designation under section 506 of the act. The agency estimates the total annual number of respondents submitting requests for fast track designation to the Center for Biologics Evaluation and Research and the Center for Drug Evaluation and Research is approximately 64, and the number of requests received is approximately 77 annually. FDA estimates that the number of hours needed to prepare a request for fast track designation is approximately 60 hours per request. Not all requests for fast track designation may meet the statutory standard. Of the requests for fast track designation made per year, the agency granted 60 from 54 respondents, and for each of these granted requests a premeeting package was submitted to the agency. FDA estimates that the preparation hours are approximately 100 hours per premeeting package. FDA estimates the burden of this collection of information as follows: **Table 1.—Estimated Annual Reporting Burden** 1 Reporting Activity No. of Respondents Annual Frequency per Response Total Annual Responses Hours per Response Total Hours Designation Request 64 1.28 77 60 4,620 Premeeting Packages 54 1.11 60 100 6,000 Total 10,620 1 There are no capital costs or operating and maintenance costs associated with this collection of information. Please note that on January 15, 2008, the FDA Division of Dockets Management Web site transitioned to the Federal Dockets Management System (FDMS). FDMS is a Government-wide, electronic docket management system. Electronic comments or submissions will be accepted by FDA only through FDMS at *http://www.regulations.gov* . Dated: April 29, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8-9882 Filed 5-5-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Government-Owned Inventions; Availability for Licensing AGENCY: National Institutes of Health, Public Health Service, HHS. ACTION: Notice. SUMMARY: The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing. ADDRESSES: Licensing information and copies of the U.S. patent applications listed below may be obtained by writing to the indicated licensing contact at the Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852-3804; telephone: 301-496-7057; fax: 301-402-0220. A signed Confidential Disclosure Agreement will be required to receive copies of the patent applications. Human Papillomavirus microRNA Diagnostics and Therapeutics *Description of Technology:* Available for licensing and commercial development are patent rights that cover the uses of a p53 specific microRNA (miRNA). It has been reported that the tumor suppressive mRNA miR-34a (a downstream target of p53) is downregulated in HPV-infected primary keratinocytes. miR-34a arrests the cell cycle at G2 phase and promotes apoptosis. Therapeutic restoration of normal expression levels of miR-34a and/or simultaneous stabilization of p53 (inhibited by HPV E6) induces miR-34a accumulation in G0/G1 phase and can arrest tumor growth. Neoplasia and cancer cell progression has also been associated with p18Ink4c overexpression which can be regulated with the introduction of a therapeutic amount of miR-34a. Tumor reduction/suppression by down regulating p18Ink4c is also a therapeutic benefit provided by this invention. *Applications:* Cervical cancer; Human papillomavirus; Therapeutics. *Inventors:* Zhi-Ming Zheng and Xiaohong Wang (NCI). *Publications:* 1. WO Lui *et al.* Patterns of known and novel small RNAs in human cervical cancer. Cancer Res. 2007 Jul 1;67(13):6031-6043. 2. I Martinez *et al.* Human papillomavirus type 16 reduces the expression of microRNA-218 in cervical carcinoma cells. Oncogene 2007 Nov 12; Advance online publication, doi:10.1038/sj.onc.1210919. *Patent Status:* U.S. Provisional Application No. 60/983,368 filed 29 Oct 2007 (HHS Reference No. E-029-2008/0-US-01). U.S. Provisional Application No. 61/041,842 filed 02 Apr 2008 (HHS Reference No. E-029-2008/1-US-01). *Licensing Status:* Available for licensing. *Licensing Contact:* Michael A. Shmilovich, Esq.; 301-435-5019; *shmilovm@mail.nih.gov* . *Collaborative Research Opportunity:* The National Cancer Institute HIV and AIDS Malignancy Branch is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize HPV-induced aberrant expression of microRNAs for cervical cancer diagnostics and therapeutics. Please contact John D. Hewes, PhD at 301-435-3121 or *hewesj@mail.nih.gov* for more information. Microarray Binding Sensors Using Carbon Nanotube Transistors *Description of Technology:* Available for licensing and commercial development are:
(a)An apparatus containing microarray binding sensors having biological probe materials and carbon nanotube transistors
(CNTs)and
(b)various methods of using the highly sensitive CNTs for the electronic detection of nucleic acid hybridization for performing microarray gene expression experiments and detection of DNA-DNA, DNA-RNA, Peptide Nucleic Acid
(PNA)-DNA, PNA-RNA, DNA-protein or PNA-protein binding. By analogy to the microarray concept, each transistor is associated with a distinct probe oligonucleotide. Each transistor is operated as a field effect transistor
(FET)and the transconductance between the source and drain electrodes is measured before and after a hybridization event. The expected advantages are, besides higher sensitivity and ease of use, the elimination of chemical labeling and enzymatic manipulation and the further miniaturization. The unique distinction of this design over other CNT-based biomolecular sensing schemes is the complete isolation of the CNTs from chemical reactions concomitant with probe immobilization and target capture, and the CNTs functioning only as charge sensors. In contrast, current methods rely on enzymatic amplification of nucleic acids, fluorescent labeled targets, hybridization, amplification of signal and detection by optical scanners, which are time consuming and have limited sensitivity. *Applications:* The apparatus and method can be used for numerous applications, among them: High-throughput monitoring of genome-wide DNA, mRNA copy number changes; sequencing of DNA; miRNA levels in cancer; or identifying targets of transcription factors. Furthermore, given the intensity of effort in linking gene expression with diseases, it is only a matter of time before diagnosis and prognosis of certain ailments can be performed on the basis of gene expression. At the present, most such analyses require costly apparatus and labor-intensive laboratory procedures. *Development Status:* In the process of developing prototypes. *Inventors:* Javed Khan
(NCI)*et al.* *Publications:* 1. H Pandana, KH Aschenbach, D Lenski, M Fuhrer, J Khan, RD Gomez. A versatile biomolecular charge based sensor using oxide-gated carbon nanotube transistor arrays. IEEE Sens J., Special Issue, July 2008, in press. 2. K Aschenbach, H Pandana, J Lee, J Khan, M Fuhrer, D Lenski, RD Gomez. Detection of nucleic acid hybridization via oxide gated carbon nanotube field effect transistors (invited). Proceedings of SPIE MEMS and Nanotechnologies, Volume 6959 (2008), in press. *Patent Status:* U.S. Patent Application No. 60/743,524 filed 17 Mar 2006 (HHS Reference No. E-056-2007/0-US-01). PCT Application No. PCT/US2007/06809 filed 19 Mar 2007, which published as WO 2007/109228 on 27 Sep 2007 (HHS Reference No. E-056-2007/0-PCT-02). U.S. Patent Application No. 11/723,369 filed 19 Mar 2007 (HHS Reference No. E-056-2007/0-US-03). *Licensing Status:* Available for non-exclusive or exclusive licensing. *Licensing Contact:* Cristina Thalhammer-Reyero, Ph.D., M.B.A.; 301-435-4507; *thalhamc@mail.nih.gov* . *Collaborative Research Opportunity:* The Oncogenomics Section, Center for Cancer Research, National Cancer Institute, is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize electrical detection of nucleic acid and protein levels. Please contact Javed Khan, M.D. at 301-435-2937 or *khanjav@mail.nih.gov* for more information. Segmenting Colon Wall Via Level Set Techniques *Description of Technology:* Virtual Colonoscopy
(VC)has become a more prevalent and accepted method of colorectal cancer diagnosis. An essential element for detecting cancerous polyps using VC, in conjunction with computer-aided detection, is the accurate segmentation of the colon wall. While the inner boundary of the colon wall, the lumen-mucosal boundary, has often been the focus of previous segmentation work, detection of the outer wall, the serosal tissue boundary, allows for the segmentation of the colon wall, which is useful in determining potential polyps, muscular hypertrophy, and diverticulitis of the colon. Unfortunately, automatic determination of the outer colon wall position often is difficult due to the low contrast between CT attenuation values of the colon wall and the surrounding fat tissue. This invention is a level set based method to determine, from a CT colonography
(CTC)scan, the location of the colon serosal tissue boundary. After determining this location, the algorithm segments the entire colon wall at subvoxel accurate precision. In this algorithm, the loops in the colon caused by over-distention are detected and removed when the centerline calculation is performed. Also, a newly developed method for the detection and segmentation of the outer wall of the colon is used to connect collapsed portions where the lumen segmentation failed to produce a connected centerline. These two methods allow for a complete and accurate centerline to be calculated in uniformly distended colons as well as colons containing segments which are over and/or under-distended. *Applications:* Diagnostics. *Inventors:* Robert L. Van Uitert, Ronald M. Summers, Ingmar Bitter (CC). *Publications:* 1. R Van Uitert, I Bitter. Subvoxel precise skeletons of volumetric data based on fast marching methods. Med Phys. 2007 Feb;34(2):627-638. 2. RL Van Uitert, RM Summers. Automatic correction of level set based subvoxel precise centerlines for virtual colonoscopy using the colon outer wall. IEEE Trans Med Imaging. 2007 Aug;26(8):1069-1078. 3. RM Summers, J Yao, PJ Pickhardt, M Franaszek, I Bitter, D Brickman, V Krishna, JR Choi. Computed tomographic virtual colonoscopy computer-aided polyp detection in a screening population. Gastroenterology. 2005 Dec;129(6):1832-1844. 4. R Van Uitert, I Bitter, RM Summers, JR Choi, PJ Pickhardt. Quantitative assessment of colon distention for polyp detection in CT virtual colonoscopy. Proc SPIE Int Soc Opt Eng.
(2006)6143,61431B:451-457; published online 13 Mar 2006, doi 10.1117/12.653205. 5. R Van Uitert, I Bitter, RM Summers. Detection of colon wall outer boundary and segmentation of the colon wall based on level set methods. Conf Proc IEEE Eng Med Biol Soc. 2006;1:3017-3020. 6. G Iordanescu, RM Summers. Benefits of centerline analysis for CT colonography computer-aided polyp detection. Proc SPIE Int Soc Opt Eng.
(2003)5031:388-397; published online 02 May 2003, doi:10.1117/12.485797. 7. G Iordanescu, RM Summers. Automated centerline for computed tomography colonography. Acad Radiol. 2003 Nov;10(11):1291-1301. *Patent Status:* U.S. Patent Application No. 11/810,704 filed 05 Jun 2007 (HHS Reference No. E-298-2006/0-US-01). *Licensing Status:* Available for licensing. *Licensing Contact:* Michael A. Shmilovich, Esq.; 301-435-5019; *shmilovm@mail.nih.gov* . Dated: April 28, 2008. Steven M. Ferguson, Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health. [FR Doc. E8-9871 Filed 5-5-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Cancer Institute Special Emphasis Panel; The Colon Cancer Family Registry. *Date:* May 29, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Marriott Courtyard Gaithersburg Washingtonian Ctr, 204 Boardwalk Place, Gaithersburg, MD 20878. *Contact Person:* Gerald G. Lovinger, PhD, Scientific Review Officer, Special Review and Logistics Branch, Division of Extramural Activities, National Cancer Institute, 6116 Executive Blvd., Room 8101, Bethesda, MD 20892-8329, 301/496-7987, *lovingeg@mail.nih.gov.* *Name of Committee:* National Cancer Institute Special Emphasis Panel; Molecular and Cellular Oncology. *Date:* June 4-5, 2008. *Time:* 8 a.m. to 6 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Gaithersburg Marriott Washingtonian Center, 9751 Washingtonian Boulevard, Gaithersburg, MD 20878. *Contact Person:* Michael B. Small, PhD, Scientific Review Officer, Division of Extramural Activities, National Cancer Institute, National Institutes of Health, 6116 Executive Blvd., Room 8127, Bethesda, MD 20892-8328, 301-402-0996, *smallm@mail.nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS) Dated: April 29, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-9874 Filed 5-5-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Notice of Meeting Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the National Cancer Institute Board of Scientific Advisors. The meeting will be open to the public, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. *Name of Committee:* National Cancer Institute Board of Scientific Advisors. *Date:* June 23-24, 2008. *Time:* June 23, 2008, 8 a.m. to 6 p.m. *Agenda:* Director's Report: Ongoing and New Business; Reports of Program Review Group(s); and Budget Presentation; Reports of Special Initiatives; RFA and RFP Concept Reviews; and Scientific Presentations. *Place:* National Institutes of Health, Building 31, 31 Center Drive, 6th Floor, Conference Room 10, Bethesda, MD 20892. *Time:* June 24, 2008, 8:30 a.m. to 12 p.m. *Agenda:* Reports of Special Initiatives; RFA and RFP Concept Reviews; and Scientific Presentations. *Place:* National Institutes of Health, Building 31, 31 Center Drive, 6th Floor, Conference Room 10, Bethesda, MD 20892. *Contact Person:* Paulette S. Gray, PhD, Executive Secretary, Director, Division of Extramural Activities, National Cancer Institute, National Institutes of Health, 6116 Executive Boulevard, 8th Floor, Rm. 8001, Bethesda, Md 20892, 301-496-5147, *grayp@mail.nih.gov* . Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person. In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit. Information is also available on the Institute's/Center's home page: *deainfo.nci.nih.gov/advisory/bsa.htm* , where an agenda and any additional information for the meeting will be posted when available. (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS) Dated: April 29, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-9875 Filed 5-5-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Cancer Institute Initial Review Group; Subcommittee G—Education. *Date:* June 24, 2008. *Time:* 8 a.m. to 6 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Crowne Plaza Washington Silver Spring, 8777 Georgia Ave., Silver Spring, MD 20910. *Contact Person:* Sonya Roberson, PhD, Scientific Review Officer, Resources and Training Review Branch, Division of Extramural Activities, National Cancer Institute, 6116 Executive Blvd., Room 8109, Bethesda, MD 20892, 301-594-1182, *robersos@mail.nih.gov* . (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS) Dated: April 29, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-9877 Filed 5-5-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Cancer Institute Initial Review Group; Subcommittee J—Population and Patient-Oriented Training; Population and Patient-Oriented Training. *Date:* June 17, 2008. *Time:* 7:45 a.m. to 6 p.m. *Agenda:* To review and evaluate grant applications. *Place:* The Westin Tysons Corner, 7801 Leesburg Pike, Falls Church, VA 22043. *Contact Person:* Ilda M. Mckenna, PhD, Scientific Review Officer, Research Training Review Branch, Division of Extramural Activities, National Cancer Institute, 6116 Executive Boulevard, Room 8111, Bethesda, MD 20892, 301-496-7481, *mckennai@mail.nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS) Dated: April 29, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-9879 Filed 5-5-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Prospective Grant of Exclusive License: Antibody Therapeutics for the Treatment of Cancer in Humans AGENCY: National Institutes of Health, Public Health Service, HHS. ACTION: Notice. SUMMARY: This is notice, in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i), that the National Institutes of Health, Department of Health and Human Services, is contemplating the grant of an exclusive patent license to practice the invention embodied in U.S. Patent Application Number 11/895,326, filed August 24, 2007, entitled “Tumor Markers in Ovarian Cancer” [E-138-2000/0-US-05]; to Morphotek, Incorporated, having a place of business at Exton, PA. The patent rights in these inventions have been assigned to the United States of America. The prospective exclusive license territory may be worldwide, and the field of use may be limited to antibodies developed by Licensee's proprietary Human MORPHODOMA® antibody technology or via humanization for anti-claudin-3 antibody therapeutics for ovarian cancer. DATES: Only written comments and/or applications for a license which are received by the NIH Office of Technology Transfer on or before July 7, 2008 will be considered. ADDRESSES: Requests for copies of the patent application, inquiries, comments, and other materials relating to the contemplated exclusive license should be directed to: Jennifer Wong, Technology Licensing Specialist, Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852-3804; Telephone:
(301)435-4633; Facsimile:
(301)402-0220; E-mail: *wongje@mail.nih.gov* . SUPPLEMENTARY INFORMATION: The technology relates to claudin-3 as an ovarian cancer biomarker. Claudin-3 was identified as a biomarker utilizing SAGE analysis comparing ovarian epithelial tumor cells and normal ovarian epithelial cells. Claudin-3 is a member of a family of transmembrane proteins associated with tight junctions and its function has been associated with invasive ovarian cancer. Inhibition of claudin-3 is a potential therapeutic for the treatment of metastatic ovarian cancer. The prospective exclusive license will be royalty bearing and will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. The prospective exclusive license may be granted unless within sixty
(60)days from the date of this published notice, the NIH receives written evidence and argument that establishes that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7. Applications for a license in the field of use filed in response to this notice will be treated as objections to the grant of the contemplated exclusive license. Comments and objections submitted to this notice will not be made available for public inspection and, to the extent permitted by law, will not be released under the Freedom of Information Act, 5 U.S.C. 552. Dated: April 29, 2008. David Sadowski, Deputy Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health. [FR Doc. E8-9873 Filed 5-5-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration [Docket Nos. TSA-2006-24191; Coast Guard-2006-24196] Transportation Worker Identification Credential (TWIC); Enrollment Dates for the Ports of Houma, LA; Morgan City, LA; Calcite, MI; San Francisco, CA; and Kansas City, MO AGENCY: Transportation Security Administration; United States Coast Guard; DHS. ACTION: Notice. SUMMARY: The Department of Homeland Security
(DHS)through the Transportation Security Administration
(TSA)issues this notice of the dates for the beginning of the initial enrollment for the Transportation Worker Identification Credential
(TWIC)for the Ports of Houma, LA; Morgan City, LA; Calcite, MI; San Francisco, CA; and Kansas City, MO. DATES: TWIC enrollment begins in Houma on May 7, 2008; Morgan City on May 9, 2008; Calcite and San Francisco on May 14, 2008; and Kansas City on May 15, 2008. ADDRESSES: You may view published documents and comments concerning the TWIC Final Rule, identified by the docket numbers of this notice, using any one of the following methods.
(1)Searching the Federal Docket Management System
(FDMS)Web page at *http://www.regulations.gov;*
(2)Accessing the Government Printing Office's Web page at *http://www.gpoaccess.gov/fr/index.html;* or
(3)Visiting TSA's Security Regulations Web page at *http://www.tsa.gov* and accessing the link for “Research Center” at the top of the page. FOR FURTHER INFORMATION CONTACT: James Orgill, TSA-19, Transportation Security Administration, 601 South 12th Street, Arlington, VA 22202-4220. Transportation Threat Assessment and Credentialing (TTAC), TWIC Program,
(571)227-4545; e-mail: *credentialing@dhs.gov.* Background The Department of Homeland Security (DHS), through the United States Coast Guard and the Transportation Security Administration (TSA), issued a joint final rule (72 FR 3492; January 25, 2007) pursuant to the Maritime Transportation Security Act (MTSA), Pub. L. 107-295, 116 Stat. 2064 (November 25, 2002), and the Security and Accountability for Every Port Act of 2006 (SAFE Port Act), Pub. L. 109-347 (October 13, 2006). This rule requires all credentialed merchant mariners and individuals with unescorted access to secure areas of a regulated facility or vessel to obtain a TWIC. In this final rule, on page 3510, TSA and Coast Guard stated that a phased enrollment approach based upon risk assessment and cost/benefit would be used to implement the program nationwide, and that TSA would publish a notice in the **Federal Register** indicating when enrollment at a specific location will begin and when it is expected to terminate. This notice provides the start date for TWIC initial enrollment at the Ports of TWIC enrollment begins in Houma, LA on May 7, 2008; Morgan City, LA on May 9, 2008; Calcite, MI and San Francisco, CA on May 14, 2008; and Kansas City, MO on May 15, 2008. The Coast Guard will publish a separate notice in the **Federal Register** indicating when facilities within the Captain of the Port Zone MSU Morgan City, including those in the Ports of Houma and Morgan City; Captain of the Port Zone Sault Ste. Marie, including those in the Port of Calcite; Captain of the Port Zone San Francisco Bay, including those in the Port of San Francisco; and Captain of the Port Zone Upper Miss. River, including those in the Port of Kansas City must comply with the portions of the final rule requiring TWIC to be used as an access control measure. That notice will be published at least 90 days before compliance is required. To obtain information on the pre-enrollment and enrollment process, and enrollment locations, visit TSA's TWIC Web site at *http://www.tsa.gov/twic.* Issued in Arlington, Virginia, on April 30, 2008. Rex Lovelady, Program Manager, TWIC, Office of Transportation Threat Assessment and Credentialing, Transportation Security Administration. [FR Doc. E8-10003 Filed 5-5-08; 8:45 am] BILLING CODE 9110-05-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Agency Information Collection Activities: Lay Order Period—General Order Merchandise AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: 30-Day Notice and request for comments; Extension of an existing information collection: 1651-0079; Proposed collection; comments requested. SUMMARY: U.S. Customs and Border Protection
(CBP)of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act: Lay Order Period—General Order Merchandise. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the **Federal Register** (73 FR 11655) on March 4, 2008, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10. DATES: Written comments should be received on or before June 5, 2008. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to Nathan Lesser, Desk Officer, Department of Homeland Security/Customs and Border Protection, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to
(202)395-6974. SUPPLEMENTARY INFORMATION: U.S. Customs and Border Protection
(CBP)encourages the general public and affected Federal agencies to submit written comments and suggestions on proposed and/or continuing information collection requests pursuant to the Paperwork Reduction Act (Pub. L. 104-13). Your comments should address one of the following four points:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency/component, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agencies'/components' estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collections of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Title:* Lay Order Period—General Order Merchandise Cost Submissions. *OMB Number:* 1651-0079. *Form Number:* N/A. *Abstract:* This collection is required to ensure that the operator of an arriving carrier or transfer agent shall notify a bonded warehouse proprietor of the presence of merchandise that has remained at the place of arrival or unlading without entry beyond the time period provided for by regulation. *Current Actions:* There are no changes to the information collection. This submission is being submitted to extend the expiration date. *Type of Review:* Extension (without change). *Title:* Establishment of a Container Station. *OMB Number:* 1651-0079. *Form Number:* N/A. *Abstract:* This collection is required to ensure that the operator of an arriving carrier or transfer agent shall notify a bonded warehouse proprietor of the presence of merchandise that has remained at the place of arrival or unlading without entry beyond the time period provided for by regulation. *Affected Public:* Businesses. *Estimated Number of Respondents:* 390. *Estimated Number of Total Responses:* 50,700. *Estimated Time per Response:* 15 minutes. *Estimated Total Annual Burden Hours:* 12,675. If additional information is required contact: Tracey Denning, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Room 3.2.C, Washington, DC 20229, at 202-344-1429. Dated: April 28, 2008. Tracey Denning, Agency Clearance Officer, Customs and Border Protection. [FR Doc. E8-9969 Filed 5-5-08; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Agency Information Collection Activities: Application to Payoff or Discharge Alien Crewman AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: 30-Day Notice and request for comments; Extension of an existing information collection: 1651-0106; Proposed collection; comments requested. SUMMARY: U.S. Customs and Border Protection
(CBP)of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act: Application to Payoff or Discharge Alien Crewman (Form I-408). This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the **Federal Register** (73 FR 11658) on March 4, 2008, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10. DATES: Written comments should be received on or before June 5, 2008. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to Nathan Lesser, Desk Officer, Department of Homeland Security/Customs and Border Protection, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to
(202)395-6974. SUPPLEMENTARY INFORMATION: U.S. Customs and Border Protection
(CBP)encourages the general public and affected Federal agencies to submit written comments and suggestions on proposed and/or continuing information collection requests pursuant to the Paperwork Reduction Act (Pub. L. 104-13). Your comments should address one of the following four points:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency/component, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agencies'/components' estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collections of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Title:* Application to Pay Off or Discharge Alien Crewman. *OMB Number:* 1651-0106. *Form Number:* I-408. *Abstract:* This form is used by owner, agent, consignee, master, or commander of any vessel or aircraft to obtain permission from CBP to pay off or discharge any alien crewman. *Current Actions:* There are no changes to the information collection. This submission is being submitted to extend the expiration date. *Type of Review:* Extension (without change). *Affected Public:* Businesses. *Estimated Number of Respondents:* 85,000. *Estimated Time per Respondent:* 25 minutes. *Estimated Total Annual Burden Hours:* 35,360. If additional information is required contact: Tracey Denning, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Room 3.2.C, Washington, DC 20229, at 202-344-1429. Dated: April 28, 2008. Tracey Denning, Agency Clearance Officer, Customs and Border Protection. [FR Doc. E8-9971 Filed 5-5-08; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Agency Information Collection Activities: Declaration of Unaccompanied Articles AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: 30-Day notice and request for comments; Extension of an existing information collection: 1651-0030; Proposed collection; comments requested. SUMMARY: U.S. Customs and Border Protection
(CBP)of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act: Declaration of Unaccompanied Articles. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the **Federal Register** (73 FR 11656) on March 4, 2008, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10. DATES: Written comments should be received on or before June 5, 2008. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to Nathan Lesser, Desk Officer, Department of Homeland Security/Customs and Border Protection, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to
(202)395-6974. SUPPLEMENTARY INFORMATION: U.S. Customs and Border Protection
(CBP)encourages the general public and affected Federal agencies to submit written comments and suggestions on proposed and/or continuing information collection requests pursuant to the Paperwork Reduction Act (Pub. L. 104-13). Your comments should address one of the following four points:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency/component, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agencies/components estimate of the burden of The proposed collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collections of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Title:* Declaration for Unaccompanied Articles. *OMB Number:* 1651-0030. *Form Number:* CBP Form-255. *Abstract:* The Form 255 is completed by each arriving passenger for each parcel or container which is being sent from an Insular Possession to the United States at a later date. This declaration allows that traveler to claim their appropriate allowable exemption. *Current Actions:* There are no changes to the information collection. This submission is being submitted to extend the expiration date. *Type of Review:* Extension (without change). *Affected Public:* Individuals. *Estimated Number of Respondents:* 7,500. *Estimated Total Annual Responses:* 15,000. *Estimated Time per Response:* 5 minutes. *Estimated Total Annual Burden Hours:* 1,250. If additional information is required contact: Tracey Denning, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Room 3.2.C, Washington, DC 20229, at 202-344-1429. Dated: April 28, 2008. Tracey Denning, Agency Clearance Officer, Customs and Border Protection. [FR Doc. E8-9987 Filed 5-5-08; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Agency Information Collection Activities: Establishment of a Container Station AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: 30-Day notice and request for comments; Extension of an existing information collection: 1651-0040; Proposed collection; comments requested. SUMMARY: U.S. Customs and Border Protection
(CBP)of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act: Establishment of a Container Station. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the **Federal Register** (73 FR 11656) on March 4, 2008, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10. DATES: Written comments should be received on or before June 5, 2008. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to Nathan Lesser, Desk Officer, Department of Homeland Security/Customs and Border Protection, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to
(202)395-6974. SUPPLEMENTARY INFORMATION: U.S. Customs and Border Protection
(CBP)encourages the general public and affected Federal agencies to submit written comments and suggestions on proposed and/or continuing information collection requests pursuant to the Paperwork Reduction Act (Pub. L. 104-13). Your comments should address one of the following four points:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency/component, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agencies/components estimate of the burden of The proposed collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collections of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Title:* Establishment of a Container Station. *OMB Number:* 1651-0040. *Form Number:* N/A. *Abstract:* This collection is an application to establish a container station for the vaning and devaning of cargo. *Current Actions:* There are no changes to the information collection. This submission is being submitted to extend the expiration date. *Type of Review:* Extension (without change). *Affected Public:* Businesses. *Estimated Number of Respondents:* 205. *Estimated Time per Respondent:* 3 hours. *Estimated Total Annual Burden Hours:* 615. If additional information is required contact: Tracey Denning, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Room 3.2.C, Washington, DC 20229, at 202-344-1429. Dated: April 28, 2008. Tracey Denning, Agency Clearance Officer, Customs and Border Protection. [FR Doc. E8-9989 Filed 5-5-08; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Agency Information Collection Activities: Bonded Warehouse Regulations AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: 30-Day notice and request for comments; Extension of an existing information collection: 1651-0041; Proposed collection; comments requested. SUMMARY: U.S. Customs and Border Protection
(CBP)of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act: Bonded Warehouse Regulations. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the **Federal Register** (73 FR 11658) on March 4, 2008, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10. DATES: Written comments should be received on or before June 5, 2008. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to Nathan Lesser, Desk Officer, Department of Homeland Security/Customs and Border Protection, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to
(202)395-6974. SUPPLEMENTARY INFORMATION: U.S. Customs and Border Protection
(CBP)encourages the general public and affected Federal agencies to submit written comments and suggestions on proposed and/or continuing information collection requests pursuant to the Paperwork Reduction Act (Pub. L. 104-13). Your comments should address one of the following four points:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency/component, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agencies/components estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collections of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Title:* Bonded Warehouse Regulations. *OMB Number:* 1651-0041. *Form Number:* N/A. *Abstract:* This collection of information is used by CBP to ensure that the legal, regulatory and administrative requirements are met by respondents with respect to bonded warehouses, including establishment of bonded warehouses; receiving free materials at the warehouse; and making alterations, suspensions, relocations or discontinuances of bonded warehouses. *Current Actions:* There are no changes to the information collection. This submission is being submitted to extend the expiration date. *Type of Review:* Extension (without change). *Affected Public:* Businesses. *Estimated Number of Respondents:* 198. *Estimated Number of Total Responses:* 9,254. *Estimated Time per Response:* 32 minutes. *Estimated Total Annual Burden Hours:* 4,910. If additional information is required contact: Tracey Denning, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Room 3.2.C, Washington, DC 20229, at 202-344-1429. Dated: April 28, 2008. Tracey Denning, Agency Clearance Officer, Customs and Border Protection. [FR Doc. E8-9991 Filed 5-5-08; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Agency Information Collection Activities: Notice of Detention AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: 30-Day notice and request for comments; Extension of an existing information collection: 1651-0073; Proposed collection; comments requested. SUMMARY: U.S. Customs and Border Protection
(CBP)of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act: Notice of Detention. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments form the public and affected agencies. This proposed information collection was previously published in the **Federal Register** (73 FR 11657) on March 4, 2008, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10. DATES: Written comments should be received on or before June 5, 2008. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to Nathan Lesser, Desk Officer, Department of Homeland Security/Customs and Border Protection, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to
(202)395-6974. SUPPLEMENTARY INFORMATION: U.S. Customs and Border Protection
(CBP)encourages the general public and affected Federal agencies to submit written comments and suggestions on proposed and/or continuing information collection requests pursuant to the Paperwork Reduction Act (Pub. L. 104-13). Your comments should address one of the following four points:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency/component, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agencies/components estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collections of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Title:* Notice of detention. *OMB Number:* 1651-0073. *Form Number:* N/A. *Abstract:* This collection requires a response to the Notice of Detention of merchandise and to provide evidence of admissibility to allow entry. *Current Actions:* There are no changes to the information collection. This submission is being submitted to extend the expiration date. *Type of Review:* Extension (without change). *Affected Public:* Businesses. *Estimated Number of Respondents:* 1350. *Estimated Time Per Respondent:* 2 hours. *Estimated Total Annual Burden Hours:* 2700. If additional information is required contact: Tracey Denning, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Room 3.2.C, Washington, DC 20229, at 202-344-1429. Dated: April 28, 2008. Tracey Denning, Agency Clearance Officer, Customs and Border Protection. [FR Doc. E8-9993 Filed 5-5-08; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5213-N-01] Section 8 Housing Choice Vouchers: Implementation of the HUD-VA Supportive Housing Program AGENCY: Office of the Assistant Secretary for Public and Indian Housing. ACTION: Notice. SUMMARY: This Notice sets forth the policies and procedures for the administration of tenant-based Section 8 Housing Choice Voucher
(HCV)rental assistance under the HUD-Veterans Affairs Supportive Housing (HUD-VASH) program administered by local public housing agencies
(PHAs)that have partnered with local Veterans Affairs
(VA)medical centers. DATES: Effective date: May 6, 2008. FOR FURTHER INFORMATION CONTACT: David A. Vargas, Director, Office of Housing Voucher Programs, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 4228, Washington, DC, 20410, telephone number
(202)708-2815. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: I. Background II. Special Rules for the HUD-VASH Voucher Program a. Family Eligibility and Selection b. Income Eligibility c. Initial Term of the HCV d. Initial Lease Term e. Ineligible Housing f. Mobility and Portability of HUD-VASH Vouchers g. Case Management Requirements h. Turnover of HUD-VASH Vouchers i. Moving-to-Work
(MTW)Agencies j. Project-based Assistance k. Section Eight Management Assessment Program (SEMAP) III. Reporting Requirements I. Background Seventy-five million dollars in Housing Choice Voucher
(HCV)program funding will provide rental assistance under a supportive housing program for homeless veterans authorized by section 8(o)(19) of the United States Housing Act of 1937, 42 U.S.C. 1437f(o)(19). The initiative is known as the HUD-VASH program and was authorized pursuant to Division K, Title II, of The Consolidated Appropriations Act, 2008 (Pub. L. 110-161) (“2008 Appropriation Act”) enacted on December 26, 2007 (see proviso
(7)under the heading “Tenant-Based Rental Assistance”). The HUD-VASH program combines HUD HCV rental assistance for homeless veterans with case management and clinical services provided by the Department of Veterans Affairs
(VA)at its medical centers and in the community. Ongoing VA case management, health, and other supportive services will be made available to homeless veterans at as many as 132 VA Medical Center
(VAMC)supportive services sites across the nation. The 2008 Appropriation Act required HUD to “make such funding available, notwithstanding section 204 (competition provision) of this title, to public housing agencies
(PHAs)that partner with eligible VA Medical Centers or other entities as designated by the Secretary of the Department of Veterans Affairs, based on geographical need for such assistance as identified by the Secretary of the Department of Veterans Affairs, public housing agency administrative performance, and other factors as specified by the Secretary of Housing and Urban Development in consultation with the Secretary of the Department of Veterans Affairs.” Based on this language, the VA, in consultation with HUD, identified 132 VAMCs that will participate with the program. In doing so, the VA took into account the population of homeless veterans needing services in the area, the number of homeless veterans served by the homeless programs at each VAMC during Fiscal Years 2006 and FY 2007, geographic distribution, and VA case management resources. There will be at least one site in each of the 50 states and in the District of Columbia and Puerto Rico. HUD, in consultation with the VA, and in consideration of a PHA's administrative performance, identified eligible PHAs located in the jurisdiction of the VAMCs and invited them to apply for HUD-VASH vouchers. The number of HUD-VASH vouchers awarded to each PHA was determined by HUD and the VA. Approximately 35 rental vouchers were awarded for each professional, full-time HUD-VASH case manager at the local VAMC. HUD-VASH vouchers may be reallocated in the future based on need and usage. A PHA that participates in the HUD-VASH program must partner with their VASH VAMC. Additional information on program requirements and procedures may be found on HUD's Web site at *www.HUD.gov.* II. Special Rules for the HUD-VASH Voucher Program This section sets forth the design features of the HUD-VASH vouchers, including the eligibility of families, portability, case management, and the turnover of these vouchers. The 2008 Appropriation Act states “that the Secretary of Housing and Urban Development may waive, or specify alternative requirements for (in consultation with the Secretary of the Department of Veterans Affairs), any provision of any statute or regulation that the Secretary of Housing and Urban Development administers in connection with the use of funds made available under this paragraph (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance: *Provided further,* That assistance made available under this paragraph shall continue to remain available for homeless veterans upon turnover.” This notice outlines, below, the waivers or alternative requirements determined by the Secretary to be necessary for the effective delivery and administration of the HUD-VASH program. These waivers or alternative requirements are exceptions to the normal HCV requirements, which otherwise govern the provision of HUD-VASH assistance. In addition, a PHA may request additional statutory or regulatory waivers that it determines are necessary for the effective delivery and administration of the program. These requests may be submitted to the Secretary for review and decision through the Assistant Secretary for Public and Indian Housing. HUD-VASH vouchers under this part are administered in accordance with the HCV tenant-based rental assistance regulations set forth at 24 CFR part 982. In the HCV program, the PHA pays monthly rental subsidies so that eligible families can afford decent, safe, and sanitary housing. HUD provides housing assistance funds to the PHA, as well as funds for PHA administration of the program. Under the HCV tenant-based program, families select and rent units that meet program housing-quality standards. If the PHA approves a family's unit and tenancy, the PHA contracts with the owner to make rent subsidy payments (housing assistance payments) directly to the owner on behalf of the family on a monthly basis. The family enters into a lease with the owner and pays its share of the rent to the owner in accordance with the lease. The housing assistance payment
(HAP)contract between the PHA and the owner covers only a single unit and a specific assisted family. If the family moves out of the leased unit, the HAP contract with the owner terminates. The family may generally move to another unit with continued assistance so long as the family is complying with program requirements. Unless expressly noted below, all regulatory requirements and HUD directives regarding the HCV tenant-based program are applicable to HUD-VASH vouchers, including the use of all HUD-required contracts and other forms. The PHA's local discretionary policies adopted in the PHA's written administrative plan apply to HUD-VASH vouchers, unless such local policy conflicts with the requirements of the HUD-VASH vouchers outlined below. PHAs are required to maintain records that allow for the easy identification of families receiving HUD-VASH vouchers. PHAs must identify these families in the Public and Indian Housing Information Center (PIC). This record-keeping will help ensure that, in accordance with appropriations renewal language, HUD-VASH vouchers that are in use will remain available for homeless veterans upon turnover. a. Family Eligibility and Selection HUD-VASH eligible families are homeless veterans. The 2008 Appropriation Act provides for statutory or regulatory waivers or alternative requirements upon a finding by the Secretary that such waivers or alternatives are necessary for the effective administration and delivery of voucher assistance. The December 17, 2007, Explanatory Statement for the 2008 Appropriation Act provides, “The Appropriations Committees expect that these vouchers will be made available to all homeless veterans, including recently returning veterans' (153 Cong. Rec. H16514 (daily ed., Dec. 17, 2007)). HUD, through its undersigned Secretary, finds the following waivers necessary to effectively administer and deliver the program to all veterans in accordance with Congressional intent. Section 8(o)(19) of the United States Housing Act of 1937 (USHA of 1937), which requires homeless veterans to have chronic mental illnesses or chronic substance use disorders with required treatment of these disorders as a condition of receipt of HUD-VASH assistance, is waived. The VAMC will refer HUD-VASH eligible families to the PHA for the issuance of vouchers. Written documentation of these referrals must be maintained in the tenant file at the PHA. Therefore, the PHA will not have the authority to maintain a waiting list or apply local preferences for HUD-VASH vouchers. Accordingly, section 8(o)(6)(A) of the USHA of 1937, 42 U.S.C. 1437f(o)(6)(A), in regard to preferences, has been waived to provide for the effective administration of the program. In addition, 24 CFR 982.202, 982.204, and 982.207, relating to applicant selection from the waiting list and local preferences, are also waived. Sections 982.203, 982.205, and 982.206 regarding special admissions, cross-listing of the waiting list, and opening and closing the waiting list do not apply to the HUD-VASH program. The VAMC will screen all families in accordance with its screening criteria. By agreeing to administer the HUD-VASH program, the PHA is relinquishing its authority to determine the eligibility of families in accordance with regular HCV program rules and PHA policies. Specifically, under the HUD-VASH program, PHAs will not have the authority to screen potentially eligible families or deny assistance for any grounds permitted under 24 CFR 982.552 (broad denial for violations of HCV program requirements) and 982.553 (specific denial for criminals and alcohol abusers), with one exception. PHAs will still be required to prohibit admission if any member of the household is subject to a lifetime registration requirement under a state sex offender registration program. Accordingly, the Department is exercising its authority to waive 42 U.S.C. 1437d(s); 42 U.S.C. 13661(a), (b), and (c); and 24 CFR Sections 982.552 and 982.553, with the exception of 982.553(a)(2)(i), which requires denial of admission to certain registered sex offenders. Civil rights requirements cannot be waived. The HUD-VASH program is administered in accordance with applicable Fair Housing requirements. These requirements prohibit discrimination on the basis of race, color, religion, sex, familial status, national origin, or disability. When disabled veterans are HUD-VASH recipients, HUD's reasonable accommodation standards apply. b. Income Eligibility The PHA must determine income eligibility for HUD-VASH families in accordance with 24 CFR 982.201. Income targeting requirements of section 16(b) of the USHA of 1937, as well as 24 CFR 982.201(b)(2), do not apply for HUD-VASH families so that participating PHAs can effectively serve the eligible population specified in the 2008 Appropriation Act; that is, homeless veterans, who may be at a variety of income levels. The PHA may, however, choose to include the admission of extremely low-income HUD-VASH families in its income targeting numbers for the fiscal year in which these families are admitted. c. Initial Term of the HCV Recognizing the challenges that HUD-VASH participants may face with their housing search, HUD-VASH vouchers must have an initial search term of at least 120 days. Therefore, § 982.303(a), which states that the initial search term must be at least 60 days, shall not apply, since the initial term must be at least 120 days. Any extensions, suspensions, and progress reports will remain under the policies in the PHA's administrative plan, but will apply after the minimum 120-day initial search term. d. Initial Lease Term Under the HCV program, voucher participants must enter into an initial lease with the owner for one year, unless a shorter term would improve housing opportunities for the tenant and the shorter term is a prevailing market practice. To provide a greater range of housing opportunities for HUD-VASH voucher holders, initial leases may be less than 12 months; therefore, both section 8(o)(7)(A) of the USHA of 1937, 42 U.S.C. 1437f(o)(7)(A), and 24 CFR 982.309(a)(2)(ii) are waived. e. Ineligible Housing HUD-VASH families will be permitted to live on the grounds of a VAMC in units owned by the VA. Therefore, 24 CFR 982.352(a)(5), which prohibits units on the grounds of a medical, mental, or similar public or private institution, is waived for that purpose only. f. Mobility and Portability of HUD-VASH Vouchers An eligible family issued a HUD-VASH voucher must receive case management services provided by the VAMC. Therefore, special mobility and portability procedures must be established. HUD-VASH participant families may reside only in those jurisdictional areas that are accessible to case management services as determined by the partnering VAMC. Since the VAMC will be identifying homeless veterans eligible to participate in the HUD-VASH program, section 8(r)(1)(B)(i) of the USHA of 1937, 42 U.S.C. 1437f(r)(1(B)(i), which restricts portability in cases where the family did not reside in the jurisdiction of the PHA at the time of application for HCV assistance, and 24 CFR 982.353(a), (b), and (c), which affects where a family can lease a unit with HCV assistance, do not apply.
(1)Portability Moves Where Case Management Is Provided by the Initial PHA's Partnering VAMC If the family initially leases up, or moves, under portability provisions, but the initial PHA's partnering VAMC will still be able to provide the necessary case management services due to its proximity to the partnering VAMC, the receiving PHA must process the move in accordance with the portability procedures of 24 CFR 982.355. However, since the initial PHA must maintain records on all HUD-VASH families receiving case management services from its partnering VAMC, receiving PHAs must bill the initial PHA. Therefore, 24 CFR 982.355(d), which gives the receiving PHA the option to absorb the family into its own HCV program or bill the initial PHA, is not applicable. When the receiving PHA completes the HUD-50058 under the scenarios above, the action type that must be recorded on line 2a is “1” for a new admission (a family that is new to the HCV program) or “4” for a portability move-in (a family that was previously leased up in the jurisdiction of the initial PHA). Whether the family is a new admission or portability move-in, in section 12 of the HUD-50058, line 12d is marked “Y,” 12e must be 0 since the family must be absorbed, and 12f must be left blank. g. Case Management Requirements The VAMC responsibilities include:
(1)The screening of homeless veterans to determine whether they meet the HUD-VASH program participation criteria established by the VA national office;
(2)providing appropriate treatment and supportive services to potential HUD-VASH program participants, if needed, prior to PHA issuance of rental vouchers;
(3)providing housing search assistance to HUD-VASH participants with rental vouchers;
(4)identifying the social service and medical needs of HUD-VASH participants and providing, or ensuring the provision of, regular ongoing case management, outpatient health services, hospitalization, and other supportive services as needed throughout this initiative; and
(5)maintaining records and providing information for evaluation purposes, as required by HUD and the VA. As a condition of HCV rental assistance, a HUD-VASH eligible family must receive the case management services noted above from the VAMC. Therefore, a HUD-VASH participant family's HCV assistance must be terminated for failure to participate, without good cause, in case management as verified by the VAMC. However, a VAMC determination that the participant family no longer requires case management is not grounds for termination of assistance. In such case, and at its option, the PHA may offer the family continued HCV assistance through one of its regular vouchers, to free up the HUD-VASH voucher for another eligible family referred by the VAMC. h. Turnover of HUD-VASH Vouchers In accordance with the 2008 Appropriation Act, upon turnover, HUD-VASH vouchers must be issued to eligible families as identified by the VAMC, as noted above. i. Moving-To-Work
(MTW)Agencies HUD-VASH vouchers must be administered in accordance with this Notice and are not eligible for fungibility under their MTW agreements. HUD-VASH vouchers must be reported on separately from vouchers under the agency's MTW Agreement. j. Project-Based Assistance Although HUD-VASH vouchers are tenant-based rental assistance, the Department will consider, on a case-by-case basis, requests from the PHA (with the support of the VAMC) to project-base these vouchers in accordance with 24 CFR part 983. k. Section Eight Management Assessment Program (SEMAP) Since leasing of HUD-VASH vouchers will be dependent on referrals from the VAMC, the unit months and budget authority associated with these vouchers will not be included in the SEMAP leasing indicator denominator. Therefore, 24 CFR 985.3(n)(1)(i) and
(ii)are waived. However, utilization of these vouchers will be monitored separately through HUD systems. III. Reporting Requirements A new code
(VASH)has been established for use on line 2n of the Family Report (form HUD-50058), which provides for an indication if the family participates in “other special programs.” The information collection requested on HUD-50058 has been approved by the Office of Management and Budget
(OMB)and given OMB control number 2577-0083. No person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act (PRA), unless that collection displays a currently valid OMB control number. This code must remain on the HUD-50058 for the duration of the HUD-VASH family's participation in the program. The PHA that administers the HUD-VASH voucher on behalf of the family (initial or receiving PHA under portability) must enter and maintain this code on the HUD-50058. For any additional systems reporting requirements that may be established, HUD will provide further guidance. Dated: May 1, 2008. Roy A. Bernardi, Deputy Secretary. [FR Doc. 08-1220 Filed 5-1-08; 4:00 pm]
Connectionstraces to 77
Traces to 77 documents
CFR
U.S. Code
43 references not yet in our index
  • 346 F.3d 1368
  • 293 F. Supp. 2d 1334
  • 117 F.3d 1401
  • Pub. L. 108-360
  • 50 CFR 648.81(f)(1)(ii)
  • Pub. L. 102-587
  • 10 USC 9355
  • 41 CFR 102
  • Pub. L. 102-325
  • 18 CFR 35
  • 69 FR 57
  • 10 CFR 1021.331
  • 10 CFR 1022
  • 10 CFR 1021
  • 40 CFR 9
  • 5 CFR 1320.12
  • 5 CFR 1320.5(a)(1)(iv)
  • 5 CFR 1320.8(d)
  • 40 CFR 2
  • 40 CFR 63
  • 40 CFR 257
  • 40 CFR 258
  • 40 CFR 239
  • 12 CFR 225
  • 12 CFR 261
  • 12 CFR 221
  • 12 CFR 201
  • 12 USC 321-328
  • 12 CFR 208
  • 12 CFR 211
  • 12 CFR 212
  • 2 CFR 376
  • 2 CFR 180
  • 44 USC 3501-3520
  • 5 CFR 1320.3(c)
  • Pub. L. 105-115
  • Pub. L. 107-295
  • Pub. L. 109-347
  • 5 CFR 1320.10
  • Pub. L. 104-13
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Citation graph
cites case law
Notices
Notice of open meeting
C.F.R.§ 351.213
C.F.R.§ 351.310
C.F.R.§ 351.309
C.F.R.§ 351.408
C.F.R.§ 351.301
C.F.R.§ 351.224
C.F.R.§ 351.212
C.F.R.§ 351.402
U.S.C.§ 1801
F. App'x346 F.3d 1368
F. Supp.293 F. Supp. 2d 1334
F. App'x117 F.3d 1401
Cites 120 · showing 12Cited by 0 across 0 sources
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