Notices. Notice

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

BILLING CODE 6351-01-P DEPARTMENT OF DEFENSE Department of the Army Availability of Non-Exclusive, Exclusive License or Partially Exclusive Licensing of US Patent Concerning Assembled Hematin, Method for Forming Same and Method for Polymerizing Aromatic Monomers Using Same AGENCY: Department of the Army, DoD. ACTION: Notice. SUMMARY: In accordance with 37 CFR Part 404.6, announcement is made of the availability for licensing of U.S. Patent No. U.S. 7,358,327 entitled “Assembled Hematin, Method for Forming Same and Method for Polymerizing Aromatic Monomers Using Same” issued April 15, 2008.

This patent has been assigned to the United States Government as represented by the Secretary of the Army. FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey DiTullio at U.S. Army Soldier Systems Center, Kansas Street, Natick, MA 01760, Phone;

(508)233-4184 or E-mail: *Jeffrey.Ditullio@natick.army.mil* . SUPPLEMENTARY INFORMATION: Any licenses granted shall comply with 35 U.S.C. 209 and 37 CFR Part 404. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. E8-10287 Filed 5-7-08; 8:45 am] BILLING CODE 3710-08-P DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers Bossier Parish, LA, Flood Risk Management Study AGENCY: Department of the Army, U.S. Army Corps of Engineers, DOD. ACTION: Notice of intent. SUMMARY: The Vicksburg District Corps of Engineers, in conjunction with the Bossier Levee District, the non-Federal sponsor, are undertaking studies to investigate possible solutions to improve the flood risk management capability of Bayou Bodcau Dam, Bossier Parish, LA. DATES: Initiate EIS, May 13, 2008. ADDRESSES: Correspondence may be sent to Mr. Marvin Cannon at U.S. Army Corps of Engineers, Vicksburg District, CEMVK-PP-PQ, 4155 Clay Street, Vicksburg, MS 39183-3435. FOR FURTHER INFORMATION CONTACT: Mr. Marvin Cannon at U.S. Army Corps of Engineers, Vicksburg District, phone

(601)631-5437, fax number

(601)631-5115, or E-mail at *marvin.cannon@usace.army.mil* . SUPPLEMENTARY INFORMATION: *Proposed Action* . A feasibility level study will identify and evaluate alternatives that would modify Bayou Bodcau Dam to address flooding problems downstream of the dam. *Alternatives* . Alternatives to address flooding problems would be identified and evaluated in cooperation with state and Federal agencies, local government, and the public. *Scoping* . Scoping is the process for determining the range of the alternatives and significant issues to be addressed in the EIS. For this analysis, a letter will be sent to all parties believed to have an interest in the analysis, requesting their input on alternatives and issues to be evaluated. The letter will also notify interested parties of the public scoping meeting that will be held in the local area. A notice will be sent to the local news media. All interested parties are invited to comment at this time, and anyone interested in the study should request to be included on the mailing list. A public scoping meeting will be held June 17, 2008, from 7 p.m. to 9 p.m. at the Bossier Parish Courthouse, Police Jury Meeting Room, 204 Burt Blvd., Benton, LA. *Significant Issues* . The tentative list of resources and issues to be evaluated in the EIS includes aquatic resources, fisheries and wildlife resources, timber resources, water quality, air quality, threatened or endangered species, recreation resources, and cultural resources. Tentative socio economic items to be evaluated in the EIS include residential housing and business activity, tax revenues, population, community and regional growth, transportation, and community cohesion. *Environmental Consultation and Review* . The U.S. Fish and Wildlife Service

(601)631-5965, fax number

(601)631-5115, or E-mail at *larry.e.marcy@usace.army.mil.* SUPPLEMENTARY INFORMATION: *Proposed Action.* A feasibility level study will identify and evaluate alternatives to increase water supply for the City of Shreveport and Caddo Parish. Water supply may include improvements to Cross Lake and/or improvements in adjacent streams, rivers, and water bodies. *Alternatives* . Alternative sources of water will be identified to meet existing and future water supply needs and evaluated in cooperation with state and Federal agencies, local government, and the public. *Scoping* . Scoping is the process for determining the range of the alternatives and significant issues to be addressed in the EIS. For this analysis, a letter will be sent to all parties believed to have an interest in the analysis, requesting their input on alternatives and issues to be evaluated. The letter will also notify interested parties of the public scoping meeting that will be held in the local area. A notice will be sent to the local news media. All interested parties are invited to comment at this time, and anyone interested in the study should request to be included on the mailing list. A public scoping meeting will be held June 16, 2008, from 7 p.m. to 9 p.m. at the Louisiana State Exhibit Museum Auditorium, 3015 Greenwood Road, Shreveport, LA. *Significant Issues* . The tentative list of resources and issues to be evaluated in the EIS includes aquatic resources, recreational and commercial fisheries, wildlife resources, water quality, air quality, threatened or endangered species, recreation resources, and cultural resources. Tentative socio economic items to be evaluated in the EIS include business and industrial activity, tax revenues, population, community and regional growth, transportation, housing, community cohesion, and navigation. *Environmental Consultation and Review* . The U.S. Fish and Wildlife Service

(FWS)will be asked to assist in the documentation of existing conditions, impact analysis of alternatives, and overall study review through the Fish and Wildlife Coordination Act consultation procedures. The FWS would provide a Fish and Wildlife Coordination Act report to be incorporated into the EIS. The draft EIS or a notice of availability will be distributed to all interested agencies, organizations, and individuals. *Estimated Date of Availability* . The earliest that the draft EIS is expected to be available is March 31, 2010. Douglas J. Kamien, Chief, Planning, Programs, and Project Management Division. [FR Doc. E8-10264 Filed 5-7-08; 8:45 am] BILLING CODE 3710-PU-P DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies; Initiation of Revision and Request for Suggested Changes AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD. ACTION: Request for suggestions and notice of public meeting. SUMMARY: Section 2031 of the Water Resources Development Act of 2007 (Pub. L. 110-114) directs the Secretary of the Army to revise the “Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies”, dated March 10, 1983 consistent with a number of considerations enumerated in the statute. Upon completion the revision will apply to water resources projects, project reevaluations, or project modifications and project feasibility studies carried out by the Secretary except those commenced prior to the completion of the revised guidance. The Secretary intends to craft the revision in two phases, with the first phase of this revision to address revisions to the 1983 Principles and Standards (Chapter I of the existing Guidelines) and the second phase to address revisions to the Procedures (Chapters II through IV of the 1983 Guidelines). The purpose of this notice is to provide opportunity for interested individuals and organizations to submit suggestions for revising the Principles and Standards. Using that input the Secretary intends for the initial draft of the revision to be prepared in June and released for public comments by July. DATES: A public meeting to hear recommendations will be held on June 5, 2008. Written suggestions are being accepted now and will be accepted through the end of the public meeting, 5 p.m., June 5, 2008. ADDRESSES: Suggestions should be submitted in writing to HQUSACE, Attn: P&G Revision, CECW-ZA, 441 G Street, NW, Washington, DC 20314-1000, by E-mail to: *larry.j.prather@usace.army.mil* or FAX: 202-761-5649. FOR FURTHER INFORMATION CONTACT: Larry J. Prather, Assistant Director of Civil Works, at 202-761-0106. SUPPLEMENTARY INFORMATION: Section 2031 of the Water Resources Development Act of 2007 (Pub. L. 110-114) directs the Secretary of the Army to revise the “Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies”, dated March 10, 1983 and when completed to apply the revision to planning studies of water resources projects within his jurisdiction. The Secretary is initiating the first phase of this revision to include the 1983 Principles and Standards (Chapter I of the Guidelines). Revision of Chapters II through IV of the Guidelines will be initiated at a later date. The Secretary requests interested individuals and organizations to submit suggestions for revision of the 1983 Principles and Standards. In view of subparagraph (b)(5)(A)(ii) of Section 2031 of the Public Law 110-114, the Secretary requests that each suggested revision be accompanied by a statement of the intent of the revision. Written suggestions (by mail, fax, or e-mail) are preferred and should be submitted to (see ADDRESSES ). In addition, the Assistant Secretary of the Army (Civil Works) and staff of the United States Army Corps of Engineers will hold a public meeting to hear suggestions for proposed revisions on June 5, 2008 in the Atrium Ballroom; Washington Court Hotel; 525 New Jersey Avenue, NW; Washington, DC from 8:30 a.m. to 5 p.m. Those wishing to make oral suggestions and ask questions are encouraged to attend this meeting but written suggestions will be appreciated even if an interested party wishes to provide suggestions orally. To facilitate oral suggestions for revision, the time available for making oral suggestions will be divided among those wishing to speak by a random drawing. To accommodate those who may be able to participate for only part of the day, one drawing will be held at the start of the meeting for the morning time blocks and another at about 1 p.m. for the afternoon time slots. Interested individuals and organizations may request copies of the following documents by mail or e-mail or access them at the Internet addresses indicated: “Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies, dated March 10, 1983 ( *http://www.usace.army.mil/cw/cecw-cp/library/Principles_Guidelines.pdf* ), Water Resources Development Act of 2007 (Pub. L. 110-114) ( *http://www.usace.army.mil/cw/cecw-cp/links/wrda2007_hr1495.pdf* ). Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. E8-10288 Filed 5-7-08; 8:45 am] BILLING CODE 3710-92-P DEPARTMENT OF DEFENSE Department of the Navy Notice of Closed Meetings of the Naval Research Advisory Committee AGENCY: Department of the Navy, DoD. ACTION: Notice. SUMMARY: The Naval Research Advisory Committee

(NRAC)will meet to discuss classified information from government organizations and proprietary information from commercial organizations. With the exception of participants' registration and introduction/welcoming remarks on Monday, June 16, 2008, all sessions of the meeting will be devoted to briefings, discussions and technical examination of information related to the study of undersea maritime domain awareness technologies and disruptive commercial technologies to U.S. Navy and U.S. Marine combat operations. Discussions will focus on the exploitation of physical vulnerabilities and the tactical applications of known and emerging technologies. Each session will examine vulnerabilities of individuals and systems, and how the enemy is exploiting these vulnerabilities. The sessions will also include proprietary information regarding technology applications and systems under development in the private sector between competing companies. The sessions will also focus on the assessment of the emerging concepts of operations in each of these areas and evaluate appropriate options in such areas as: training, S&T funding allocation, technology monitoring, and progress assessments; and probable time frames for transformation and implementation. The sessions will also identify, review, and assess challenges with the utilization and fielding of various technology applications. DATES: With the exception of the registration session from 8 a.m. to 9 a.m., the introduction/welcoming remarks session from 9 a.m. to 12 p.m., and the lunch session from 12 p.m. to 1 p.m. on Monday, June 16, 2008, all remaining sessions on June 16, 2008 from 1 p.m. to 5 p.m. will be closed to the public. In addition, all the sessions for the meetings to be held on Tuesday, June 17, 2008 through Friday, June 20, 2008, from 8 a.m. to 5 p.m.; and Monday, June 23, 2008, through Thursday, June 26, 2008, from 8 a.m. to 5 p.m. will be closed to the public. ADDRESSES: The meeting will be held at the Space and Naval Warfare Systems Center, 53560 Hull Street, San Diego, CA 92152. FOR FURTHER INFORMATION CONTACT: Mr. William H. Ellis, Jr., Program Director, Naval Research Advisory Committee, 875 North Randolph Street, Arlington, VA 22203-1955, 703-696-5775. SUPPLEMENTARY INFORMATION: This notice is provided in accordance with the provisions of the Federal Advisory Committee Act (5 U.S.C. App. 2). With the exception of participants' registration and introduction/welcoming remarks on Monday, June 16, 2008 all sessions of the meeting will be devoted to executive sessions that will include discussions and technical examination of information related to undersea domain awareness and disruptive commercial technologies to U.S. Navy and U.S. Marine Corps combat operations. These briefings and discussions will contain proprietary information and classified information that is specifically authorized under criteria established by Executive Order to be kept Secret in the interest of national defense and are in fact properly classified pursuant to such Executive Order and SECNAV Instructions M-5510.36 of June 2006. The proprietary, classified and non-classified matters to be discussed are so inextricably intertwined as to preclude opening these sessions of the meeting. In accordance with 5 U.S.C. App. 2, section 10(d), the Secretary of the Navy has determined in writing that the public interest requires that these sessions of the meeting be closed to the public because they will be concerned with matters listed in 5 U.S.C. section 552b(c)(1),

(4)and SECNAV Instructions M-5510.36 of June 2006. Dated: May 2, 2008. T.M. Cruz, Lieutenant, Office of the Judge Advocate General, U.S. Navy, Federal Register Liaison Officer. [FR Doc. E8-10222 Filed 5-7-08; 8:45 am] BILLING CODE 3810-FF-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC08-603-001, FERC-603] Commission Information Collection Activities, Proposed Collection; Comment Request; Submitted for OMB Review May 1, 2008. AGENCY: Federal Energy Regulatory Commission. ACTION: Notice. SUMMARY: In compliance with the requirements of section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy Regulatory Commission (Commission) has submitted the information collection described below to the Office of Management and Budget

(OMB)for review of this information collection requirement. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission received no comments in response to an earlier **Federal Register** notice of February 7, 2008 (73 FR 8651-52) and has made this notation in its submission to OMB. DATES: Comments on the collection of information are due by June 6, 2008. ADDRESSES: Address comments on the collection of information to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Federal Energy Regulatory Commission Desk Officer. Comments to OMB should be filed electronically, c/o *oira_submission@omb.eop.gov* and include the OMB Control No. as a point of reference. The Desk Officer may be reached by telephone at 202-395-4650. A copy of the comments should also be sent to the Federal Energy Regulatory Commission, Office of the Executive Director, ED-34, Attention: Michael Miller, 888 First Street, NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those persons filing electronically do not need to make a paper filing. For paper filings, such comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and should refer to Docket No. IC08-603-001. Documents filed electronically via the Internet must be prepared in the acceptable filing format and in compliance with the Federal Energy Regulatory Commission's submission guidelines. Complete filing instructions and acceptable filing formats are available at ( *http://www.ferc.gov/help/submission-guide/electronic-media.asp* ). To file the document electronically, access the Commission's Web site at *http://www.ferc.gov/docs-filing/efiling.asp* , and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgement to the sender's e-mail address upon receipt of comments. All comments may be viewed, printed or downloaded remotely via the Internet through FERC's homepage using the eLibrary link. For user assistance, contact *ferconlinesupport@ferc.gov* or toll-free at

(866)208-3676 or for TTY, contact

(202)502-8659. FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at

(202)502-8415, by fax at

(202)273-0873, and by e-mail at *michael.miller@ferc.gov.* SUPPLEMENTARY INFORMATION: Description The information collection submitted for OMB review contains the following: 1. *Collection of Information:* FERC-603 “Critical Energy Infrastructure Information.” 2. *Sponsor:* Federal Energy Regulatory Commission. 3. *Control No.:* 1902-0197. The Commission is now requesting that OMB approve with a three-year extension of the expiration date, with no changes to the existing collection. The information filed with the Commission is mandatory. 4. *Necessity of the Collection of Information:* The information is used by the Commission to implement procedures for gaining access to critical energy infrastructure information

(CEII)that would not otherwise be available under the Freedom of Information Act

(FOIA)(5 U.S.C. 552). On February 21, 2003, the Commission issued Order No. 630 (68 FR 9857-9873), and then issued subsequent Order Nos. 630-A (68 FR 46456-60), and 649 (69 FR 48386-91) to address the appropriate treatment of CEII in the aftermath of the September 11, 2001 terrorist attacks and to restrict unrestrained general access due to the ongoing terrorism threat. These steps enable the Commission to keep sensitive infrastructure information out of the public domain, decreasing the likelihood that such information could be used to plan or execute terrorist attacks. The process adopted in these orders is a more efficient alternative for handling request for previously public documents than FOIA. The Commission has defined CEII to include information about existing or proposed critical infrastructure that

(i)Relates to the production, generation, transportation, transmission, or distribution of energy;

(ii)could be useful to a person planning an attack on critical infrastructure,

(iii)is exempt from mandatory disclosure under the Freedom of Information Act, and

(iv)does not simply give the location of the critical infrastructure. Critical infrastructure means existing and proposed systems and assets, whether physical or virtual, the incapacity or destruction of which would negatively affect security, economic security, public health or safety, or any combination of those matters. A person seeking access to CEII may file a request for that information by providing information about their identity and reason for the need for the information. Through this process, the Commission is able to review the requester's need for the information against the sensitivity of the information. The Commission implements these requirements in 18 CFR 388.113 of its regulations. 5. *Respondent Description:* The respondent universe currently comprises all entities requesting access to CEII information submitted to or issued by the Commission. 6. *Estimated Burden:* 46 total hours, 182 respondents (average per year), 1 response per respondent, and .25 hours per response (average). 7. *Estimated Cost Burden to respondents:* The estimated total cost to respondents is $3,646. The cost per respondent = $18. (60 hours @ $61 hourly rate ÷ 200). Statutory Authority: 15 U.S.C. 717, *et seq.* , 16 U.S.C. 791a, *et seq.* , section 313(b) of the Federal Power Act, 16 U.S.C. 824 l(b) and section 19(b) of the Natural Gas Act, 15 U.S.C. 717r(b). Kimberly D. Bose, Secretary. [FR Doc. E8-10197 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13058-000] Grays Harbor Ocean Energy Company, LLC; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests April 30, 2008. Take notice that the following hydroelectric applications have been filed with the Commission and are available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* P-13058-000. c. *Date Filed:* November 5, 2007. d. *Applicant:* Grays Harbor Ocean Energy Company, LLC. e. *Name of the Project:* Grays Harbor Ocean Energy Project. f. *Location:* The project would be located in the Pacific Ocean in Grays Harbor County, Washington. The project uses no dam or impoundment. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicant Contact:* Mr. W. Burton Hamner, President, Grays Harbor Ocean Energy Company, LLC, 5534 30th Avenue, NE., Seattle, WA 98105, 206/491-0945. i. *FERC Contact:* Patricia W. Gillis,

(202)502-8735. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and. the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-13058-000) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project would consist of:

(1)12 proposed generating units having a total installed capacity of 6-megawatts;

(2)a proposed transmission line; and

(3)appurtenant facilities. The project would have an average annual generation of 316-gigawatt-hours and be sold to a local utility. l. *Location of Application:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling

(202)502-8371. This filing may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov* . For TTY, call

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30 and 4.36. o. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30 and 4.36. p. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. q. *Proposed Scope of Studies Under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. r. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See 18 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. s. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, and “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application. t. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-10128 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13123-000] Eagle Crest Energy Company; Notice of Application Accepted for Filing and Soliciting Comments, Protests, and Motions To Intervene April 30, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 13123-000. c. *Date filed:* March 3, 2008. d. *Applicant:* Eagle Crest Energy Company. e. *Name and Location of Project:* The proposed Eagle Mountain Pumped Storage Project would be located in Riverside County, California. The project would use federal land managed by the U.S. Bureau of Land Management (BLM). f. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). g. *Applicant contact:* Mr. Arthur W. Lowe, 1 El Paseo West, Suite 204, 74199 El Paseo, Palm Desert, CA 92260,

(760)779-0040, and Mr. Donald H. Clarke, Esq., Law Offices of GKRSE, 1500 K St., NW., Suite 330, Washington, DC 20005,

(202)408-5400. h. *FERC Contact:* Kelly Houff,

(202)502-6393. i. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-13123-000) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. j. * Description of Existing Facilities and Proposed Project:* The proposed pumped storage project would consist of:

(1)Two upper reservoir dams; the first proposed dam would be 1,100 to 1,600-foot-long, 60-foot-high, and the second proposed dam would be 1,100 to 1,600-foot-long, 120-foot-high,

(2)a proposed upper reservoir having a surface area of 193 acres, with a storage capacity of 20,000 acre-feet and a normal water surface elevation of 2,485 feet mean sea level (msl),

(3)a proposed lower reservoir having a surface area of 164 acres, with storage capacity of 21,900 acre-feet and normal water surface elevation of 926 feet msl located within the East Pit of the inactive Eagle Mountain Mine,

(4)proposed intake and outlet structures for both reservoirs,

(5)a proposed upper “low head” pressure 4,400-foot-long, 35-foot-diameter tunnel and a lower tunnel 1,500 feet in length and 35 feet in diameter, which will extend to a penstock manifold. These two tunnels will be joined by a 35-foot-diameter vertical shaft 1,333-foot deep,

(6)a proposed powerhouse containing four generating units having a total installed capacity of 1,300 megawatts,

(7)a proposed 6,835-foot-long, 35-foot-diameter tailrace tunnel,

(8)a proposed 46-mile-long, 500 kilovolt transmission line,

(9)a desalination facility, and

(10)appurtenant facilities. k. *Location of Applications:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov* . For TTY, call

(303)568-9640. i. *FERC Contact:* Henry Woo,

(202)502-8872. j. *Deadline for filing motions to intervene, protests, and comments:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “eFiling” link. The Commission strongly encourages electronic filings. Please include the project number (P-13055-000) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project, using the U.S. Army Corps of Engineers' Chatfield Dam, would consist of:

(1)An intake structure;

(2)a new powerhouse containing a generating unit with a total installed capacity of 250 kilowatts;

(3)a new 500-foot long, 480-volt transmission line; and

(4)appurtenant facilities. The proposed Chatfield Dam Hydroelectric Project would have an average annual generation of 1.3 gigawatt-hours, which would be sold to a local utility. l. *Locations of Applications:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street, NE., Room 2A, Washington DC 20426, or by calling

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30 and 4.36. o. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30 and 4.36. p. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. q. *Proposed Scope of Studies under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. r. *Comments, Protests, or Motions To Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. s. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “eFiling” link. The Commission strongly encourages electronic filings. t. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-10199 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No.: 803-087] Pacific Gas and Electric Company (PG&E); Notice of Application Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions May 1, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* New Major License. b. *Project No.:* 803-087. c. *Date filed:* October 2, 2007. d. *Applicant:* Pacific Gas and Electric Company (PG&E). e. *Name of Project:* DeSabla-Centerville Hydroelectric Project. f. *Location:* The existing project is located on Butte Creek and the West Branch Feather River in Butte County, California. The project affects 145.7 acres of federal lands administered by the Lassen National Forest, 2.1 acres of federal lands administered by the Plumas National Forest, and 11.6 acres of federal lands administered by the U.S. Bureau of Land Management. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Randal S. Livingston, Vice President-Power Generation, Pacific Gas and Electric Company, P.O. Box 770000, Mail Code: N11E, San Francisco, CA 94177; Telephone

(415)973-7000. i. *FERC Contact:* Kenneth Hogan,

(202)502-8434 or *kenneth.hogan@ferc.gov* . j. Deadline for filing motions to intervene and protests, comments, recommendations, preliminary terms and conditions, and preliminary fishway prescriptions is 60 days from the issuance of this notice; reply comments are due 105 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Motions to intervene, protests, comments, recommendations, preliminary terms and conditions, and preliminary fishway prescriptions may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. k. This application has been accepted for filing and is now ready for environmental analysis. The Toadtown development, which diverts water from the West Branch Feather River, consists of the following constructed facilities:

(1)Round Valley Reservoir, a 98 acre reservoir with a gross storage capacity of 1,700 acre-feet;

(2)Round Valley dam, an earthfill dam, 29-feet high and 810-feet long;

(3)a 40-foot-wide overflow spillway;

(4)a 15-inch outlet pipe at the base of Round Valley dam, and manual low level outlet valve;

(5)Philbrook Reservoir, a 173 acre reservoir with a gross storage capacity of 4,985 acre-feet;

(6)Philbrook main dam (located on Philbrook Creek), a compacted earthfill dam, 87-feet high and 850-feet long;

(7)Philbrook auxiliary dam (170 feet to the right of the main dam), a compacted earthfill dam, 24-feet high and 470-feet long;

(8)a 29.7-foot-wide spillway with 5 flashboard bays;

(9)a 10.75-foot-long and 14.75-foot-wide spillway with a single, manual radial gate;

(10)a 33-inch diameter, 460-foot-long outlet conduit from Philbrook Reservoir;

(11)a 17-foot high, 8-feet diameter submerged vertical concrete intake, controlled by a 30-inch diameter manual needle valve;

(12)Hendricks Head Dam, a concrete gravity dam, 15-feet high with an overflow spillway section 98-feet wide;

(13)a 8.66-mile-long Hendricks Canal, composed mostly of earthen ditch with several flume and tunnel sections, with a capacity of 125 cfs;

(14)feeder diversions from 4 creeks into Hendricks/Toadtown canal;

(15)a 40-inch diameter, 1,556-foot-long steel penstock;

(16)Toadtown Powerhouse, a 28- by 44-foot reinforced concrete building, with one turbine-generator unit and a normal operating capacity of 1.5 MW;

(17)a 1500-foot-long 12 kv tapline connecting Toadtown Powerhouse to a distribution system; and

(18)appurtenant facilities. The DeSabla development, which diverts water from upper Butte Creek and uses the outflow of the Toadtown development, consists of the following constructed facilities:

(1)The 2.4-mile-long Toadtown Canal, an earthen canal with a capacity of 125 cfs;

(2)Butte Creek Diversion Dam, a 50-foot-high, 100-foot-long, concrete arch dam with an overflow spillway;

(3)a 11.4-mile-long Butte Canal, composed of earthen berm sections, gunited sections, tunnel sections, a siphon, and flume sections, with a capacity of 91 cfs;

(4)a 0.7-mile-long canal that combines Butte Canal with Toadtown Canal, with a capacity of 191 cfs;

(5)feeder diversions from 4 creeks that flow into Butte Canal (1 not in use);

(6)DeSabla Dam, a 50-foot-high, 100-foot-wide earthen embankment with a spillway canal;

(7)DeSabla Forebay, a 15 acre reservoir with a gross storage capacity of 163 acre-feet (originally 188 acre-feet);

(8)a 66-inch diameter, reduced to 42-inch diameter, 1.3-mile-long steel penstock; and

(9)DeSabla Powerhouse, a 26.5- by 41-foot reinforced concrete building, with one turbine-generator unit and a normal operating capacity of 18.5 MW;

(10)a 0.25-mile-long transmission tapline connecting DeSabla Powerhouse to the 60 kV Oro Fino Tap Line; and

(11)appurtenant facilities. The Centerville development, which diverts the flow of Butte Creek downstream of the DeSabla development, consists of the following constructed facilities:

(1)The Upper Centerville Canal, that originates at DeSabla Powerhouse and ends at Helltown Ravine (currently carries a few cfs for local water uses and has not been used for power generation for many years);

(2)Lower Centerville Diversion Dam, a 12-foot high, 72.5 foot-wide concrete arch dam with an overflow spillway;

(3)an 8-mile long Lower Centerville Canal, composed of earthen canal and several flume sections, with a capacity of 183 cfs;

(4)feeder diversions from 3 creeks that flow into Lower Centerville Canal (all 3 no longer in use);

(5)one 30-inch diameter and one 42-inch diameter, reduced to 36-inch diameter, 2,559-foot long steel penstocks;

(6)Centerville Forebay, a 27- by 37-foot concrete header box with a spillway channel;

(7)Centerville Powerhouse, a 32- by 109-foot reinforced concrete building, with two turbine-generator units and a total normal operating capacity of 6.4 MW; and

(8)appurtenant facilities. PG&E operates the project primarily as a run-of-river system and operates on a continuous basis, using the water supply available after satisfaction of the minimum instream flow requirements. During the winter and spring, base flows in the West Branch of the Feather River and Butte Creek typically provide adequate flow for full operation of the Project powerhouses. During the summer months, the available base flow water is augmented by water releases from Round Valley and Philbrook reservoirs. During the fall months, Project powerhouses are operated at reduced capacities due to low stream flows. Water releases from Round Valley reservoir flow down the West Branch Feather River, and water releases from Philbrook reservoir pass down natural channels of Philbrook Creek and the West Branch Feather River about 8 miles to Hendricks Head dam. Then water is conveyed in the Hendricks canal, through Toadtown Powerhouse, then into the Toadtown canal. From this point, the water is conveyed in the Butte Creek canal to DeSabla Forebay then discharged into Butte Creek. Water flow is then diverted into the Lower Centerville canal to the Centerville header box, through the Centerville Powerhouse, and finally discharged to Butte Creek. PG&E proposes to continue operating the Project with no change to Project generation facilities or features other than adoption of resource management measures and the deletion of five feeder diversions. l. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY, 202-502-8659. A copy is also available for inspection and reproduction at the address in item h above. Register online at *http://www.ferc.gov/esubscribenow.htm* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. m. 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. All filings must

(1)Bear in all capital letters the title “PROTEST”, “MOTION TO INTERVENE”, “COMMENTS,” “REPLY COMMENTS,” “RECOMMENDATIONS,” “PRELIMINARY TERMS AND CONDITIONS,” or “PRELIMINARY FISHWAY PRESCRIPTIONS;”

(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;

(3)furnish the name, address, and telephone number of the person protesting or intervening; and

(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010. n. *Procedural Schedule:* The application will be processed according to the following revised Hydro Licensing Schedule. Revisions to the schedule may be made as appropriate. Milestone Target Date Filing of recommendations, preliminary terms and conditions, and preliminary fishway prescriptions June 30, 2008. Commission issues Draft EA December 27, 2008. Comments on Draft EA January 26, 2009. Modified Terms and Conditions March 27, 2009. Commission Issues Final EA June 25, 2009. o. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of this notice. p. A license applicant must file no later than 60 days following the date of issuance of the notice of acceptance and ready for environmental analysis provided for in § 5.22:

(1)A copy of the water quality certification;

(2)a copy of the request for certification, including proof of the date on which the certifying agency received the request; or

(3)evidence of waiver of water quality certification. Kimberly D. Bose, Secretary. [FR Doc. E8-10195 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13058-000] Grays Harbor Ocean Energy Company, LLC; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests April 30, 2008. Take notice that the following hydroelectric applications have been filed with the Commission and are available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* P-13058-000. c. *Date Filed:* November 5, 2007. d. *Applicant:* Grays Harbor Ocean Energy Company, LLC. e. *Name of the Project:* Grays Harbor Ocean Energy Project f. *Location:* The project would be located in the Pacific Ocean in Grays Harbor County, Washington. The project uses no dam or impoundment. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicant Contact:* Mr. W. Burton Hamner, President, Grays Harbor Ocean Energy Company, LLC, 5534 30th Avenue, NE., Seattle, WA 98105, 206/491-0945. i. *FERC Contact:* Patricia W. Gillis,

(202)502-8735. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-13058-000) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project would consist of:

(1)12 proposed generating units having a total installed capacity of 6-megawatts;

(2)a proposed transmission line; and

(4)appurtenant facilities. The project would have an average annual generation of 316-gigawatt-hours and be sold to a local utility. l. *Location of Application:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30 and 4.36. o. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30 and 4.36. p. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. q. *Proposed Scope of Studies Under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. r. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See 18 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. s. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, and “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application. t. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-10169 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13123-000] Eagle Crest Energy Company; Notice of Application Accepted for Filing and Soliciting Comments, Protests, and Motions To Intervene April 30, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 13123-000. c. *Date filed:* March 3, 2008. d. *Applicant:* Eagle Crest Energy Company. e. *Name and Location of Project:* The proposed Eagle Mountain Pumped Storage Project would be located in Riverside County, California. The project would use federal land managed by the U.S. Bureau of Land Management (BLM). f. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). g. *Applicant contact:* Mr. Arthur W. Lowe, 1 El Paseo West, Suite 204, 74199 El Paseo, Palm Desert, CA 92260,

(760)779-0040, and Mr. Donald H. Clarke, Esq., Law Offices of GKRSE, 1500 K St., NW., Suite 330, Washington, DC 20005,

(202)408-5400. h. *FERC Contact:* Kelly Houff,

(202)502-6393. i. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-13123-000) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. j. *Description of Existing Facilities and Proposed Project:* The proposed pumped storage project would consist of:

(1)Two upper reservoir dams, the first proposed dam would be 1,100 to 1,600-foot-long, 60-foot-high, and the second proposed dam would be 1,100 to 1,600-foot-long, 120-foot-high,

(2)a proposed upper reservoir having a surface area of 193 acres, with a storage capacity of 20,000 acre-feet and a normal water surface elevation of 2,485 feet mean sea level (msl),

(4)proposed intake and outlet structures for both reservoirs,

(6)a proposed powerhouse containing four generating units having a total installed capacity of 1,300 megawatts,

(7)a proposed 6,835-foot-long, 35-foot-diameter tailrace tunnel,

(8)a proposed 46-mile-long, 500 kilovolt transmission line,

(9)a desalination facility, and

(866)208-3676, or for TTY, contact

(202)502-8659. Any questions regarding this Application or Petition should be directed to Keith A. Tiggelaar, Director of Regulatory Affairs for Williston Basin, 1250 West Century Avenue, Bismarck, North Dakota 58503, by phone at

(701)530-1560 or by e-mail at *keith.tiggelaar@wbip.com* . Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment

(EA)and place it into the Commission's public record (eLibrary) for this proceeding, or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement

(FEIS)or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the below listed comment date, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. Motions to intervene, protests and comments may be filed electronically via the internet in lieu of paper; see, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. *Comment Date:* May 22, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-10203 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13088-000] KC LLC; Notice of Application Accepted for Filing and Soliciting Comments, Protests, and Motions To Intervene May 1, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 13088-000. c. *Date filed:* December 20, 2007, and revised March 21, 2008. d. *Applicant:* KC LLC. e. *Name and Location of Project:* The proposed Tinemaha Hydro Project would be located near the town of Big Pine on the Owens River at the existing Tinemaha Reservoir in Inyo County, California. f. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). g. *Applicant Contact:* Ms. Kelly Sackheim, Principal, KC LLC, 5096 Cocoa Palm Way, Fair Oaks, CA 95628,

(916)962-2271. h. *FERC Contact:* Tom Papsidero,

(202)502-6002. i. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-13088-000) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. j. *Description of Existing Facilities and Proposed Project:* The proposed Tinemaha Hydro Project would include an existing dam owned by the Los Angeles Department of Water and Power, and its existing impoundment, Tinemaha Reservoir, which has a surface area of 2,098 acres at an elevation of 3,871 feet above mean sea level. The proposed project would also consist of the following new facilities:

(1)A 200-foot-long, 6-foot-wide steel penstock,

(2)a powerhouse containing one generating unit with a total installed capacity of 1.4 MW,

(3)a 1-mile-long, 25 kV transmission line, connecting to an existing power line, and

(4)appurtenant facilities. The project would have an annual generation of 8 GWh, which would be sold to a local utility. k. *Location of Applications:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov.* For TTY, call

(202)502-8659. A copy is also available for inspection and reproduction at the address in item g above. l. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. m. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30 and 4.36. n. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30 and 4.36. o. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. p. *Proposed Scope of Studies Under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. q. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. r. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in the particular application. s. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-10200 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 May 02, 2008. Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: *Docket Numbers:* RP05-164-012. *Applicants:* Equitrans, L.P. *Description:* Equitrans LP submits Twelfth Revised Sheet 11 to FERC Gas Tariff, First Revised Volume 1, to become effective 6/1/08. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0089. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP07-690-002. *Applicants:* Southern Natural Gas Company. *Description:* Southern Natural Gas Company submits Fifth Revised Sheet 123 et al to FERC Gas Tariff, Seventh Revised Volume 1. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0090. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-336-000. *Applicants:* East Tennessee Natural Gas, LLC. *Description:* East Tennessee Natural Gas LLC submits Second Revised Sheet 15 to FERC Gas Tariff, Third Revised Volume 1, to become 6/1/08. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0026. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-338-000. *Applicants:* Tennessee Gas Pipeline Company. *Description:* Tennessee Gas Pipeline Company submits Third Revised Sheet 158 et al to FERC Gas Tariff, Fifth Revised Volume 1, to become effective 6/1/08. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0025. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-350-000. *Applicants:* Southern Star Central Gas Pipeline, Inc. *Description:* Southern Star Central Gas Pipeline submits Volume IV—Notice of Rate Change to be effective June 1, 2008. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0076. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-351-000. *Applicants:* Sea Robin Pipeline Company, LLC. *Description:* Sea Robin Pipeline Company submits Third Revised Sheet 4 to its FERC Gas Tariff, Second Revised Volume 1, to become effective 6/1/08. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0091. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-352-000. *Applicants:* Panhandle Eastern Pipe Line Company, LP. *Description:* Panhandle Eastern Pipe Line Company, LP submits Fourth Revised Sheet 3B to its FERC Gas Tariff, Third Revised Volume 1 proposed to become effective June 1, 2008. *Filed Date:* 04/30/2008. *Accession Number:* 20080502-0002. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-353-000. *Applicants:* Trunkline Gas Company, LLC. *Description:* Trunkline Gas Company, LLC submits Third Revised Sheet 6 et al. to its FERC Gas Tariff, Third Revised Volume 1 proposed to be effective June 1, 2008. *Filed Date:* 04/30/2008. *Accession Number:* 20080502-0001. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-354-000. *Applicants:* Guardian Pipeline, L.L.C. *Description:* Guardian Pipeline, LLC submits Original Sheet 43D.01 et al. to its FERC Gas Tariff, Original Volume 1. *Filed Date:* 04/30/2008. *Accession Number:* 20080502-0004. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-355-000. *Applicants:* National Fuel Gas Supply Corporation. *Description:* National Fuel Gas Supply Corporation submits 114th Revised Sheet 9 to its FERC Gas Tariff, Fourth Revised Volume 1, to become effective May 1, 2008. *Filed Date:* 04/30/2008. *Accession Number:* 20080502-0003. *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 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. E8-10156 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings # 1 April 29, 2008. Take notice that the Commission received the following electric corporate filings: *Docket Numbers:* EC08-75-000; EL08-57-000. *Applicants:* KeySpan-Ravenswood, LLC; TransCanada Facility USA, Inc. *Description:* KeySpan-Ravenswood, LLC submits an application for Petitions for issuance of declaratory orders etc. *Filed Date:* 04/21/2008. *Accession Number:* 20080422-0157. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 21, 2008. *Docket Numbers:* EC08-80-000. *Applicants:* Celerity Energy Partners San Diego LLC. *Description:* Application of Celerity Energy Partners San Diego LLC for Authorization for Disposition of Jurisdictional Facilities. *Filed Date:* 04/25/2008. *Accession Number:* 20080425-5129. *Comment Date:* 5 p.m. Eastern Time on Friday, May 16, 2008. Take notice that the Commission received the following exempt wholesale generator filings: *Docket Numbers:* EG08-67-000. *Applicants:* CPV Maryland, LLC. *Description:* Notice of Exempt Wholesale Generator Status of CPV Maryland, LLC. *Filed Date:* 04/28/2008. *Accession Number:* 20080428-5110. *Comment Date:* 5 p.m. Eastern Time on Monday, May 19, 2008. *Docket Numbers:* EG08-68-000. *Applicants:* Montgomery L'Energia Power Partners LP. *Description:* Notice of Self-Certification of Exempt Wholesale Generator Status of Montgomery L'Energia Power Partners LP. *Filed Date:* 04/28/2008. *Accession Number:* 20080428-5133. *Comment Date:* 5 p.m. Eastern Time on Monday, May 19, 2008. Take notice that the Commission received the following electric rate filings: *Docket Numbers:* ER99-1522-004; ER02-723-003; ER04-359-002; ER06-796-002; ER07-553-001; ER07-554-001; ER07-555-001; ER07-556-001; ER07-557-001. *Applicants:* Bangor Hydro-Electric Company; Emera Energy Services, Inc.; Emera Energy U.S. Subsidiary No. 1, Inc; Emera Energy U.S. Subsidiary No. 2, Inc.; Emera Energy Services Subsidiary No. 3 LLC; Emera Energy Services Subsidiary No. 1 LLC; Emera Energy Services Subsidiary No. 4 LLC; Emera Energy Services Subsidiary No. 2 LLC; Emera Energy Services Subsidiary No. 5 LLC. *Description:* Bangor Hydro-Electric Company *et al.* submits a second errata to the 1/14/08 and additional revisions to their market-based rate tariff. *Filed Date:* 04/23/2008. *Accession Number:* 20080425-0062. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 14, 2008. *Docket Numbers:* ER99-2251-008; ER99-2252-009; ER98-2491-014; ER97-705-019; ER02-2080-008; ER02-2546-009; ER99-3248-011; ER99-1213-009; ER01-1526-009. *Applicants:* Consolidated Edison Company of New York, Inc.; Orange and Rockland Utilities, Inc.; Consolidated Edison Energy, Inc; Consolidated Edison Solutions, Inc.; Ocean Peaking Power, L.L.C.; CED Rock Springs, Inc.; Consolidated Edison Energy of Massachusetts; Lakewood Cogeneration, L.P.; Newington Energy, L.L.C. *Description:* The Con Edison Companies submit their Triennial Market Power Analysis and request for shortened comment period. *Filed Date:* 04/21/2008. *Accession Number:* 20080424-0207. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* ER02-506-009; ER98-2783-012; ER99-3822-012; ER07-841-002; ER01-140-008; ER07-842-002; ER00-1895-010; ER07-843-002; ER07-844-002; ER07-845-002; ER07-846-002; ER99-4160-013; ER01-141-008; ER07-847-002; ER00-3696-009; ER01-943-008; ER05-1266-006; ER08-451-001; ER01-3109-010; ER01-1044-009; ER99-2157-009; ER02-553-008; ER03-42-013. *Applicants:* Bluegrass Generation Company, LLC; Bridgeport Energy, LLC; Casco Bay Energy Company, LLC; Dynegy Arlington Valley, LLC; Dynegy Danskammer, L.L.C.; Dynegy Kendall Energy, LLC; Dynegy Midwest Generation, Inc.; Dynegy Mohave, LLC; Dynegy Morro Bay, LLC; Dynegy Moss Landing, LLC; Dynegy Oakland, LLC; Dynegy Power Marketing, Inc.; Dynegy Roseton, L.L.C.; Dynegy South Bay, LLC; Griffith Energy LLC; Heard County Power, LLC; Ontelaunee Power Operating Co, LLC; Plum Point Energy Associates, LLC; Renaissance Power, L.L.C; Riverside Generating Company, LLC; Rocky Road Power, LLC; Rolling Hills Generating, LLC; Sithe/Independence Power Partners, L.P. *Description:* Supplemental Information—Joint Notification of Change in Status of Bluegrass Generation Company, LLC, *et al.* *Filed Date:* 04/18/2008. *Accession Number:* 20080421-5082. *Comment Date:* 5 p.m. Eastern Time on Friday, May 09, 2008. *Docket Numbers:* ER01-316-028. *Applicants:* ISO New England Inc. *Description:* ISO New England Inc. submits their Index of Customers for the first quarter of 2008 under the ISO's FERC Tariff for Transmission Dispatch and Power Administration Services. *Filed Date:* 04/21/2008. *Accession Number:* 20080423-0023. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* ER01-989-005. *Applicants:* Green Mountain Power Corporation. *Description:* Green Mountain Power Corp. submits an updated market power analysis and revisions to its market-based rate power sales tariff. *Filed Date:* 04/24/2008. *Accession Number:* 20080428-0111. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 15, 2008. *Docket Numbers:* ER05-320-005; ER02-999-007; ER97-2460-010; ER97-2463-007. *Applicants:* Unitil Energy Systems, Inc.; Unitil Power Corporation; Fitchburg Gas and Electric Light Company. *Description:* Unitil Energy Systems, Inc *et al.* submit their substitute tariff sheets in compliance with Order 697. *Filed Date:* 04/23/2008. *Accession Number:* 20080425-0064. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 14, 2008. *Docket Numbers:* ER05-905-001. *Applicants:* Celerity Energy Partners San Diego, LLC. *Description:* Celerity Energy Partners San Diego, LLC submits notice of change in status, in compliance with Order 652. *Filed Date:* 04/25/2008. *Accession Number:* 20080428-0118. *Comment Date:* 5 p.m. Eastern Time on Friday, May 16, 2008. *Docket Numbers:* ER07-1332-003. *Applicants:* Smoky Hills Wind Farm, LLC. *Description:* Smoky Hills Wind Farm, LLC submits notice of non-material change in status. *Filed Date:* 04/25/2008. *Accession Number:* 20080428-0119. *Comment Date:* 5 p.m. Eastern Time on Friday, May 16, 2008. *Docket Numbers:* ER08-28-002. *Applicants:* Puget Sound Energy, Inc. *Description:* Puget Sound Energy Inc. submits revisions to PSE's Open Access Transmission Tariff to comply with the directives of the December 4 Order and the April 9 Order, PSE enclosed revisions as FERC Electric Tariff Eighth Revised Volume 7 *et al.* *Filed Date:* 04/24/2008. *Accession Number:* 20080428-0018. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 15, 2008. *Docket Numbers:* ER08-397-002. *Applicants:* ALLETE, Inc. *Description:* ALLETE, Inc. dba Minnesota Power submits an errata to correct the base fuel cost included in the wholesale energy and capacity full requirements contracts, etc. *Filed Date:* 04/24/2008. *Accession Number:* 20080428-0017. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 15, 2008. *Docket Numbers:* ER08-782-000. *Applicants:* Union Electric Company. *Description:* Union Electric Company submits notice of withdrawal of its application under Section 205 of the Federal Power Act. *Filed Date:* 04/24/2008. *Accession Number:* 20080428-0109. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 15, 2008. *Docket Numbers:* ER08-783-000. *Applicants:* Ameren Energy Marketing Company. *Description:* Ameren Energy Marketing Co submits notice of withdrawal of its application under section 205 of the Federal Power Act submitted on 4/2/08. *Filed Date:* 04/24/2008. *Accession Number:* 20080428-0110. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 15, 2008. *Docket Numbers:* ER08-860-000. *Applicants:* CER Generation II, LLC. *Description:* CER Generation II, LLC submits an Application for Order Authorizing Market-Based rates, Certain Waivers, and Blanket Authorizations of CER Generation II, LLC. *Filed Date:* 04/22/2008. *Accession Number:* 20080425-0095. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 13, 2008. *Docket Numbers:* ER08-867-000. *Applicants:* New York Independent System Operator, Inc. *Description:* New York Independent System Operator, Inc submits an Agreement to Amend Joint Operating Agreement Among with PJM Interconnection, LLC etc. *Filed Date:* 04/23/2008. *Accession Number:* 20080428-0114. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 14, 2008. *Docket Numbers:* ER08-866-000. *Applicants:* Tampa Electric Company. *Description:* Tampa Electric Company submits Seventh Revised Sheet 70 and 71 to their First Revised Rate Schedule 62, comprising its Interchange Service Contract etc. *Filed Date:* 04/25/2008. *Accession Number:* 20080428-0113. *Comment Date:* 5 p.m. Eastern Time on Friday, May 16, 2008. *Docket Numbers:* ER08-868-000. *Applicants:* Commonwealth Edison Company. *Description:* Commonwealth Edison Company and Commonwealth Edison Company of Indiana, Inc's CD containing its revision of Attachment H-13 of the PJM Open Access Transmission Tariff. *Filed Date:* 04/24/2008. *Accession Number:* 20080424-4001. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 15, 2008. *Docket Numbers:* ER08-869-000. *Applicants:* Montana-Dakota Utilities Co. *Description:* Montana-Dakota Utilities Co's CD containing notice of cancellation of its Open Access Transmission Tariff for the Wyoming System. *Filed Date:* 04/24/2008. *Accession Number:* 20080424-4002. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 15, 2008. *Docket Numbers:* ER08-870-000. *Applicants:* Ameren Services Company. *Description:* Central Illinois Public Service Company submits an executed service agreement for Wholesale Distribution Service with Illinois Municipal Electric Agency. *Filed Date:* 04/25/2008. *Accession Number:* 20080428-0115. *Comment Date:* 5 p.m. Eastern Time on Friday, May 16, 2008. *Docket Numbers:* ER08-871-000. *Applicants:* Southwest Power Pool, Inc. *Description:* Southwest Power Pool, Inc submits revisions to its Membership Agreement, to become effective 8/10/05. *Filed Date:* 04/25/2008. *Accession Number:* 20080428-0116. *Comment Date:* 5 p.m. Eastern Time on Friday, May 16, 2008. *Docket Numbers:* ER08-872-000. *Applicants:* Tampa Electric Company. *Description:* Tampa Electric Co submits its Seventh Revised Sheet 118 for inclusion in Second Revised Rate Schedule 49 etc. *Filed Date:* 04/25/2008. *Accession Number:* 20080428-0117. *Comment Date:* 5 p.m. Eastern Time on Friday, May 16, 2008. *Docket Numbers:* ER08-874-000. *Applicants:* Tampa Electric Company. *Description:* Tampa Electric Company submits revised rate schedule sheets for inclusion in the rate schedules comprising Tampa Electric bilateral interchange contracts with 16 other utilities. *Filed Date:* 04/25/2008. *Accession Number:* 20080428-0122. *Comment Date:* 5 p.m. Eastern Time on Friday, May 16, 2008. Take notice that the Commission received the following electric securities filings: *Docket Numbers:* ES08-42-000. *Applicants:* Southern Indiana Gas & Electric Company. *Description:* Revision to Application of Southern Indiana Gas and Electric Company for Authority to Issue Short-Term Debt. *Filed Date:* 04/25/2008. *Accession Number:* 20080428-5028. *Comment Date:* 5 p.m. Eastern Time on Friday, May 9, 2008. *Docket Numbers:* ES08-46-000. *Applicants:* Consumers Energy Company. *Description:* Application of Consumers Energy Company for Authority to Issue Long Term Securities Under Section 204 of the Federal Power Act. *Filed Date:* 04/25/2008. *Accession Number:* 20080425-5096. *Comment Date:* 5 p.m. Eastern Time on Friday, May 16, 2008. *Docket Numbers:* ES08-47-000. *Applicants:* Consumers Energy Company. *Description:* Application for Authority to Issue Short Term Securities of Consumers Energy Company. *Filed Date:* 04/25/2008. *Accession Number:* 20080428-5050. *Comment Date:* 5 p.m. Eastern Time on Friday, May 16, 2008. Take notice that the Commission received the following open access transmission tariff filings: *Docket Numbers:* OA07-105-001. *Applicants:* Puget Sound Energy, Inc. *Description:* Order No. 890 OATT Filing of Puget Sound Energy, Inc. *Filed Date:* 04/25/2008. *Accession Number:* 20080425-5091. *Comment Date:* 5 p.m. Eastern Time on Friday, May 16, 2008. *Docket Numbers:* OA07-114-001. *Applicants:* PacifiCorp. *Description:* PacifiCorp submits revised Open Access Transmission Tariff sheets for Attachment C, request that the Revised Attachment C be accepted for filing, effective 9/11/07, in compliance with the Commission's 3/25/08 letter order. *Filed Date:* 04/24/2008. *Accession Number:* 20080428-0021. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 15, 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 .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. E8-10160 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 May 1, 2008. Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: *Docket Numbers:* RP96-320-088. *Applicants:* Gulf South Pipeline Company, LP. *Description:* Gulf South Pipeline Co, LP submits negotiated rate contracts re Southeast Expansion Project. *Filed Date:* 04/29/2008. *Accession Number:* 20080430-0153. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP96-272-075. *Applicants:* Northern Natural Gas Company. *Description:* Northern Natural Gas Company submits 51 Revised Sheet 66A et al to FERC Gas Tariff, Fifth Revised Volume 1. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0031. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP97-255-002. *Applicants:* TransColorado Gas Transmission Company. *Description:* TransColorado Gas Transmission Company LLC submits First Revised Sheet 23 to FERC Gas Tariff, Second Revised Volume 1. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0029. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP99-518-106. *Applicants:* Gas Transmission Northwest Corporation. *Description:* Gas Transmission Northwest Corp submits Forty-Fourth Revised Sheet 15 et al to FERC Gas Tariff, Third Revised Volume 1-A. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0032. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP00-426-034. *Applicants:* Texas Gas Transmission, LLC. *Description:* Texas Gas Transmission, LLC submits Second Revised Sheet 51A and Thirteenth Revised Sheet 56 to FERC Gas Tariff, Second Revised Volume 1. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0030. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP02-361-071. *Applicants:* Gulfstream Natural Gas System, L.L.C. *Description:* Gulfstream Natural Gas System, LLC submits Original Sheet 8.02m to FERC Gas Tariff, Original Volume 1, to be effective 5/1/08. *Filed Date:* 04/29/2008. *Accession Number:* 20080430-0154. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-198-001. *Applicants:* Gulf South Pipeline Company, LP. *Description:* Additional Information of Gulf South Pipeline Company, LP. *Filed Date:* 04/14/2008. *Accession Number:* 20080414-5032. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 8, 2008. *Docket Numbers:* RP08-331-000. *Applicants:* El Paso Natural Gas Company. *Description:* El Paso Natural Gas Company submits Thirty-Fifth Revised Sheet 1 et al to FERC Gas Tariff, Second Revised Volume 1A, to be effective 5/30/08. *Filed Date:* 04/29/2008. *Accession Number:* 20080430-0155. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-332-000. *Applicants:* Great Lakes Gas Transmission Limited Partnership. *Description:* Great Lakes Gas Transmission, Limited Partnership submits Thirteenth Revised Sheet 3, Twelfth Revised Sheet 3B to FERC Gas Tariff, Second Revised Volume 1, to be effective 1/1/08. *Filed Date:* 04/29/2008. *Accession Number:* 20080430-0156. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-334-000. *Applicants:* Algonquin Gas Transmission LLC. *Description:* Algonquin Gas Transmission, LLC submits Second Revised Sheet 15 to FERC Gas Tariff, Fifth Revised Volume 1. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0028. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-337-000. *Applicants:* ANR Pipeline Company. *Description:* ANR Pipeline Company submits Fourth Revised Sheet 4 et al to FERC Gas Tariff, Second Revised Volume 1. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0037. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-339-000. *Applicants:* Williston Basin Interstate Pipeline Co. *Description:* Williston Basin Interstate Pipeline Company submits Eighteenth Revised Sheet 5 et al. to FERC Gas Tariff, Second Revised Volume 1, to become effective 4/30/08. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0039. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-340-000. *Applicants:* Cheyenne Plains Gas Pipeline Company LLC. *Description:* Cheyenne Plains Gas Pipeline Company LLC submits Sixth Revised Sheet 20 to its FERC Gas Tariff, Original Volume 1, to become effective 6/1/08. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0024. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-342-000. *Applicants:* Blue Lake Gas Storage Company. *Description:* Blue Lake Gas Storage Company submits First Revised Sheet 2A to FERC Gas Tariff, First Revised Volume 1, to become effective 6/1/08. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0023. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-343-000. *Applicants:* Texas Gas Transmission, LLC. *Description:* Texas Gas Transmission, LLC submits the Second Revised Sheet 12 et al. to FERC Gas Tariff, Second Revised Volume 1. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0035. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-344-000. *Applicants:* ANR Storage Company. *Description:* ANR Storage Company submits First Revised Sheet 2A for inclusion in their FERC Gas Tariff, Original Volume 1, to become effective 6/1/08. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0022. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-345-000. *Applicants:* Distrigas of Massachusetts LLC. *Description:* Distrigas of Massachusetts, LLC submits its Twenty-Fifth Revised Sheet 94 et al. to FERC Gas Tariff, First revised Volume 1. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0034. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-346-000. *Applicants:* Southern Natural Gas Company. *Description:* Southern Natural Gas Company submits Second Revised Sheet 5 et al. to FERC Gas Tariff, Seventh Revised Volume 1, to become effective 6/1/08. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0021. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-347-000. *Applicants:* Columbia Gulf Transmission Company. *Description:* Columbia Gulf Transmission Company submits Forty Fifth Revised Sheet 18 et al. to FERC Gas Tariff, Second Revised Volume 1, to become effective 6/1/08. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0019. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-348-000. *Applicants:* Texas Eastern Transmission LP. *Description:* Texas Eastern Transmission, LP submits Second Revised Sheet 11 et al. to FERC Gas Tariff, Seventh Revised Volume 1. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0033. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-349-000. *Applicants:* Southern Natural Gas Company. *Description:* Southern Natural Gas Company submits a refund report showing that there are no refunds to be distributed in 2008. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0020. *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 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. E8-10173 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL08-60-000] Union Electric Company, Complainant, v. Entergy Arkansas, Inc. and Entergy Services, Inc., Respondents; Notice of Complaint May 1, 2008. Take notice that on April 30, 2008, Union Electric Company (d/b/a/ AmerenUE ) filed a complaint pursuant to sections 206 and 309 of the Federal Power Act, 16 U.S.C. 824e and 825h, and section 385.206 of the Commission's regulations issued thereunder, against Entergy Arkansas, Inc.

(EAI)and Entergy Services, Inc. (collective, Respondents). In the Complaint AmerenUE ultimately seeks an order from the Commission compelling Respondents to adhere to the rates, terms and conditions of an existing, Commission-approved long-term service agreement between EAI and AmerenUE, cease charging AmerenUE a charge in violation of that agreement and in violation of the filed rate doctrine, and provide AmerenUE with refunds, including interest calculated pursuant to 18 CFR 35.19a, for all overcollections. 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 Respondent's answer, protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

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

(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on May 20, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-10196 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12486-003] Twin Lakes Canal Company; Notice Dismissing Request for Rehearing May 1, 2008. On March 10, 2008, the Secretary issued a notice dismissing as moot a motion filed by PacifiCorp on October 24, 2007, seeking, *inter alia* , to cancel a preliminary permit issued to Twin Lakes Canal Company (Twin Lakes) for the proposed Bear River Narrows Project No. 12486, to be located on the Bear River in Franklin County, Idaho. The notice explained that the request to cancel the preliminary permit was moot because the permit had expired. On April 3, 2008, PacifiCorp filed a request for rehearing of the Secretary's notice. On rehearing, PacifiCorp does not allege error with the conclusion that the request to cancel the permit was rendered moot when the permit expired. Instead, PacifiCorp argues, as it did in its October 24, 2007 motion, that Twin Lakes' preparation of a license application using the Commission's Integrated Licensing Process

(ILP)should be terminated because Twin Lakes' project would impermissibly conflict with PacifiCorp's upstream licensed Bear River Project No. 20. 1 1 The ILP is set forth in Part 5 of the Commission's regulations, 18 CFR Part 5 (2007). Twin Lakes initiated an ILP by filing a notice of intention and preliminary application document for the Bear River Narrows Project on February 23, 2007. The Secretary's March 10, 2008 notice dismissed PacifiCorp's motion only to the extent that it sought cancellation of Twin Lakes' permit. It took no action with respect to the other arguments raised by PacifiCorp in its filing, which remain in the public record of Project No. 12486 and will be considered in the context of the ILP. 2 2 In addition, on February 5, 2008, Twin Lakes filed an application for second preliminary permit for the Bear River Narrows Project (docketed Project No. 12486-002). Notice of the application was issued on April 8, 2008, and established June 9, 2008, as the deadline for filing comments, protest, and motions to intervene. If PacifiCorp has concerns regarding Twin Lake's second preliminary permit application, it should raise them in that proceeding. Accordingly, because PacifiCorp does not raise any issues or arguments relating to the mootness of its request to cancel the initial preliminary permit in Project No. 12486, its request for rehearing of the March 10, 2008 notice is dismissed. This notice constitutes final agency action. Requests for rehearing of this dismissal notice must be filed within 30 days of the date of issuance of this notice, pursuant to 18 CFR 385.713 (2007). Kimberly D. Bose, Secretary. [FR Doc. E8-10198 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-8-000] Leaf River Energy Center LLC; Notice of Availability of the Environmental Assessment for the Proposed Leaf River Storage Project April 30, 2008. The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment

(EA)on the natural gas pipeline facilities proposed by Leaf River Energy Center LLC (Leaf River) in the above-referenced docket. The EA was prepared to satisfy the requirements of the National Environmental Policy Act. The FERC staff concludes that approval of the proposed project, with appropriate mitigating measures, would not constitute a major federal action significantly affecting the quality of the human environment. The U.S. Army Corps of Engineers is a federal cooperating agency for the development of this EA. A federal cooperating agency has jurisdiction by law or special expertise with respect to the proposed action and participates in the NEPA analysis. The EA assesses the potential environmental effects of the construction and operation of Leaf River's proposed Leaf River Storage

(LRS)Project. The LRS Project would involve construction of the following facilities in Smith, Jasper, and Clarke Counties, Mississippi: • Four storage wells and caverns with a total working gas capacity of 32 billion cubic feet (Bcf); • Seven 4,800-horsepower gas driven reciprocating compressor units at its proposed compressor station/gas handling facility along with gas dehydration equipment; • Four water supply wells and four deep saltwater disposal wells, and construct a 16-inch-diameter water supply pipeline and a 16-inch-diameter saltwater disposal pipeline to these wells; • 6.6 miles of dual bi-directional 24-inch-diameter natural gas pipelines called the Dome Lateral; • The West-East Lateral which consists of a single 6.9 mile 24-inch-diameter natural gas pipeline to the west of the junction with the Dome Lateral and 30.2 miles of dual 24-inch-diameter natural gas pipelines to the east of the junction which would follow the corridor to be occupied by Gulf South Pipeline Company, LP's Southeast Expansion Project currently under construction; • A fiber optic cable communication system from the gas handling facility along the header system to the interconnect locations to the cavern wells to transmit communications to operate the storage facility; • A fiber optic cable from the gas handling facility to the water supply wells and salt water disposal wells and to the cavern wells to transmit communications to develop the cavern wells; and • Four meter and regulator stations and five interstate gas transmission pipeline interconnections. The purpose of the project is to provide high-deliverability, multi-cycle natural gas storage services to multiple interstate gas transmission systems. The EA has been placed in the public files of the FERC. A limited number of copies of the EA are available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street, NE., Room 2A, Washington, DC 20426,

(202)502-8371. Copies of the EA have been mailed to federal, state, and local agencies, public interest groups, interested individuals, newspapers, and libraries in the project area, and parties to this proceeding. Any person wishing to comment on the EA may do so. To ensure consideration prior to a Commission decision on the proposal, it is important that we receive your comments before the date specified below. Please note that the Commission strongly encourages electronic filing of any comments or interventions or protests to this proceeding. See Title 18 of the Code of Federal Regulations, Part 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 computer's hard drive. New eFiling users must first create an account by clicking on “ *Sign up* ” or “ *eRegister.* ” You will be asked to select the type of filing you are making. This filing is considered a “Comment on Filing.” In addition, there is a “ *Quick Comment* ” option available, which is an easy method for interested persons to submit text only comments on a project. The *Quick-Comment User Guide* can be viewed at *http://www.ferc.gov/docs-filing/efiling/quick-comment-guide.pdf.* Quick Comment does not require a FERC eRegistration account; however, you will be asked to provide a valid e-mail address. All comments submitted under either eFiling or the Quick Comment option are placed in the public record for the specified docket. If you are filing written comments, please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your comments to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Room 1A, Washington, DC 20426; • Reference Docket No. CP08-8-000; • Label one copy of the comments for the attention of the Gas Branch 1, PJ-11.1; and • Mail your comments so that they will be received in Washington, DC on or before May 30, 2008. Comments will be considered by the Commission but will not serve to make the commentor a party to the proceeding. Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214). 1 Only intervenors have the right to seek rehearing of the Commission's decision. 1 Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion on filing comments electronically. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your comments considered. Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FercOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact

(202)502-8371. Copies of the EA have been mailed to federal, state, and local agencies, public interest groups, interested individuals, newspapers, and libraries in the project area, and parties to this proceeding. Any person wishing to comment on the EA may do so. To ensure consideration prior to a Commission decision on the proposal, it is important that we receive your comments before the date specified below. Please note that the Commission strongly encourages electronic filing of any comments or interventions or protests to this proceeding. See Title 18 of the Code of Federal Regulations, Part 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 computer's hard drive. New eFiling users must first create an account by clicking on “Sign up” or “eRegister.” You will be asked to select the type of filing you are making. This filing is considered a “Comment on Filing.” In addition, there is a “ *Quick Comment* ” option available, which is an easy method for interested persons to submit text only comments on a project. The Quick-Comment User Guide can be viewed at *http://www.ferc.gov/docs-filing/efiling/quick-comment-guide.pdf* . Quick Comment does not require a FERC eRegistration account; however, you will be asked to provide a valid e-mail address. All comments submitted under either eFiling or the Quick Comment option are placed in the public record for the specified docket. If you are filing written comments, please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your comments to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Room 1A, Washington, DC 20426; • Reference Docket No. CP08-8-000; • Label one copy of the comments for the attention of the Gas Branch 1, PJ-11.1; and • Mail your comments so that they will be received in Washington, DC on or before May 30, 2008. Comments will be considered by the Commission but will not serve to make the commentor a party to the proceeding. Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214). 1 Only intervenors have the right to seek rehearing of the Commission's decision. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your comments considered. Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FercOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact

(202)502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. Go to *www.ferc.gov/esubscribenow.htm* . Kimberly D. Bose, Secretary. 1 Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion on filing comments electronically. [FR Doc. E8-10131 Filed 5-7-08; 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; Errata Notice April 30, 2008. On April 29, 2008, the Commission issued a Notice of Extension of Time in the above-referenced proceeding. In the second paragraph of the notice, change “February 19, 2008” to read “February 19, 2009.” The sentence should read as follows: Public utilities are also granted an extension of time to and including November 27, 2008, to develop, through the North American Energy Standards Review 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. E8-10130 Filed 5-7-08; 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; Errata Notice April 30, 2008. On April 29, 2008, the Commission issued a Notice of Extension of Time in the above-referenced proceeding. In the second paragraph of the notice, change “February 19, 2008” to read “February 19, 2009.” The sentence should read as follows: Public utilities are also granted an extension of time to and including November 27, 2008, to develop, through the North American Energy Standards Review 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. E8-10171 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM07-10-000] Transparency Provisions of Section 23 of the Natural Gas Act; Notice of Form No. 552 Follow-Up Workshop April 30, 2008. The follow-up staff workshop in the above-referenced proceeding is scheduled for May 19, 2008, at the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in the Commission Meeting Room (2-C) from 9:30 a.m. until 3:30 p.m. (EDT). This is a continuance of the April 22, 2008, Form No. 552 Technical Conference. Order No. 704, Transparency Provisions of Section 23 of the Natural Gas Act, 1 requires certain natural gas buyers and sellers to identify themselves to the Commission and report certain information about their physical natural gas transactions for the previous calendar year on Form No. 552, established for the purpose of obtaining information about the amount of daily or monthly fixed-price trading that is eligible to be reported to price index publishers as compared to the amount of trading that uses or refers to price indices. This workshop will address the questions submitted prior to the April 22 Technical Conference in connection with the filing of Form No. 552 as well as issues brought up at that conference. 1 *Transparency Provisions of Section 23 of the Natural Gas Act* , Order No. 704, 73 Fed. Reg. 1014 (Jan. 4, 2008), FERC Stats. & Regs. ¶ 31,260 (2008). Staff is issuing this Notice to alert interested individuals of the date for the upcoming workshop, and to note that on May 12, 2008, staff will post a link on the FERC calendar announcing the May 19 workshop, to access staff's draft responses to the questions that have been submitted and an agenda for the May 19 workshop. The session will neither be web-cast nor transcribed. All interested persons are invited to attend in person or participate via teleconference in the May 19 workshop. There is no fee to register, to participate via teleconference, or to attend the conference. Those interested in participating by phone must register no later than May 14, 2008, on the FERC Web site at *https://www.ferc.gov/whats-new/registration/form-552-05-19-form.asp.* Those who will participate in person are encouraged, but not required, to register. Information for the conference call will be e-mailed to registered participants. For additional information, please contact Michelle Reaux of FERC's Office of Enforcement at

(202)502-6497 or by e-mail at *michelle.reaux@ferc.gov.* Commission conferences and meetings are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an e-mail to *accessibility@ferc.gov* or call toll free

(866)208-3372 (voice) or 202-502-8659 (TTY), or send a fax to 202-208-2106 with the required accommodations. Kimberly D. Bose, Secretary. [FR Doc. E8-10164 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-650-000] Mountain Wind Power, LLC; Notice of Issuance of Order April 30, 2008. Mountain Wind Power, LLC (Mountain Wind) filed an application for market-based rate authority, with an accompanying rate tariff. The proposed market-based rate tariff provides for the sale of energy and capacity at market-based rates. Mountain Wind also requested waivers of various Commission regulations. In particular, Mountain Wind requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by Mountain Wind. On April 9, 2008, pursuant to delegated authority, the Director, Division of Tariffs and Market Development-West, granted the requests for blanket approval under Part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by Mountain Wind, should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). The Commission encourages the electronic submission of protests using the FERC Online link at *http://www.ferc.gov.* Notice is hereby given that the deadline for filing protests is May 9, 2008. Absent a request to be heard in opposition to such blanket approvals by the deadline above, Mountain Wind is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of Mountain Wind, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of Mountain Wind's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov,* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E8-10166 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-776-000] Panda-Brandywine, L.L.P.; Notice of Issuance of Order April 30, 2008. Panda-Brandywine, L.L.P. (Panda) filed an application for market-based rate authority, with an accompanying tariff. The proposed market-based rate tariff provides for the sale of energy, capacity and ancillary services at market-based rates. Panda also requested waivers of various Commission regulations. In particular, Panda requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by Panda. On April 30, 2008, pursuant to delegated authority, the Director, Division of Tariffs and Market Development-West, granted the requests for blanket approval under Part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by Panda should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). The Commission encourages the electronic submission of protests using the FERC Online link at *http://www.ferc.gov* . Notice is hereby given that the deadline for filing protests is May 30, 2008. Absent a request to be heard in opposition to such blanket approvals by the deadline above, Panda is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of Panda, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of Panda's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E8-10167 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-784-000] West Valley Leasing Company, LLC; Notice of Issuance of Order April 30, 2008. West Valley Leasing Company, LLC (West Valley) filed an application for market-based rate authority, with an accompanying tariff. The proposed market-based rate tariff provides for the sale of energy, capacity and ancillary services at market-based rates. West Valley also requested waivers of various Commission regulations. In particular, West Valley requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by West Valley. On April 30, 2008, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—West, granted the requests for blanket approval under Part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by West Valley should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). The Commission encourages the electronic submission of protests using the FERC Online link at *http://www.ferc.gov* . Notice is hereby given that the deadline for filing protests is May 30, 2008. Absent a request to be heard in opposition to such blanket approvals by the deadline above, West Valley is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of West Valley, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of West Valley's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E8-10168 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Docket Nos. ER08-609-000; ER08-609-001 Endure Energy, L.L.C.; Notice of Issuance of Order April 30, 2008. Endure Energy, L.L.C. (Endure Energy) filed an application for market-based rate authority, with an accompanying tariff. The proposed market-based rate tariff provides for the sale of energy, capacity and ancillary services at market-based rates. Endure Energy also requested waivers of various Commission regulations. In particular, Endure Energy requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by Endure Energy. On April 25, 2008, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—West, granted the requests for blanket approval under part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by Endure Energy, should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). The Commission encourages the electronic submission of protests using the FERC Online link at *http://www.ferc.gov.* Notice is hereby given that the deadline for filing protests is May 27, 2008. Absent a request to be heard in opposition to such blanket approvals by the deadline above, Endure Energy is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of Endure Energy, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of Endure Energy's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E8-10124 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Docket Nos. ER08-609-000; ER08-609-001 Endure Energy, L.L.C.; Notice of Issuance of Order April 30, 2008. Endure Energy, L.L.C. (Endure Energy) filed an application for market-based rate authority, with an accompanying tariff. The proposed market-based rate tariff provides for the sale of energy, capacity and ancillary services at market-based rates. Endure Energy also requested waivers of various Commission regulations. In particular, Endure Energy requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by Endure Energy. On April 25, 2008, pursuant to delegated authority, the Director, Division of Tariffs and Market Development-West, granted the requests for blanket approval under Part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by Endure Energy, should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). The Commission encourages the electronic submission of protests using the FERC Online link at *http://www.ferc.gov* . Notice is hereby given that the deadline for filing protests is May 27, 2008. Absent a request to be heard in opposition to such blanket approvals by the deadline above, Endure Energy is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of Endure Energy, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of Endure Energy's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E8-10165 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-650-000] Mountain Wind Power, LLC; Notice of Issuance of Order April 30, 2008. Mountain Wind Power, LLC (Mountain Wind) filed an application for market-based rate authority, with an accompanying rate tariff. The proposed market-based rate tariff provides for the sale of energy and capacity at market-based rates. Mountain Wind also requested waivers of various Commission regulations. In particular, Mountain Wind requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by Mountain Wind. On April 9, 2008, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—West, granted the requests for blanket approval under part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by Mountain Wind, should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). The Commission encourages the electronic submission of protests using the FERC Online link at *http://www.ferc.gov.* Notice is hereby given that the deadline for filing protests is May 9, 2008. Absent a request to be heard in opposition to such blanket approvals by the deadline above, Mountain Wind is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of Mountain Wind, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of Mountain Wind's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E8-10125 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-776-000] Panda-Brandywine, L.L.P.; Notice of Issuance of Order April 30, 2008. Panda-Brandywine, L.L.P. (Panda) filed an application for market-based rate authority, with an accompanying tariff. The proposed market-based rate tariff provides for the sale of energy, capacity and ancillary services at market-based rates. Panda also requested waivers of various Commission regulations. In particular, Panda requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by Panda. On April 30, 2008, pursuant to delegated authority, the Director, Division of Tariffs and Market Development-West, granted the requests for blanket approval under part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by Panda should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). The Commission encourages the electronic submission of protests using the FERC Online link at *http://www.ferc.gov.* Notice is hereby given that the deadline for filing protests is May 30, 2008. Absent a request to be heard in opposition to such blanket approvals by the deadline above, Panda is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of Panda, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of Panda's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E8-10126 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-784-000] West Valley Leasing Company, LLC; Notice of Issuance of Order April 30, 2008. West Valley Leasing Company, LLC (West Valley) filed an application for market-based rate authority, with an accompanying tariff. The proposed market-based rate tariff provides for the sale of energy, capacity and ancillary services at market-based rates. West Valley also requested waivers of various Commission regulations. In particular, West Valley requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by West Valley. On April 30, 2008, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—West, granted the requests for blanket approval under part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by West Valley should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure, 18 CFR 385.211, 385.214 (2004). The Commission encourages the electronic submission of protests using the FERC Online link at *http://www.ferc.gov* . Notice is hereby given that the deadline for filing protests is May 30, 2008. Absent a request to be heard in opposition to such blanket approvals by the deadline above, West Valley is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of West Valley, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of West Valley's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E8-10127 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM07-10-000] Transparency Provisions of Section 23 of the Natural Gas Act; Notice of Form No. 552 Follow-Up Workshop April 30, 2008. The follow-up staff workshop in the above-referenced proceeding is scheduled for May 19, 2008, at the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in the Commission Meeting Room (2-C) from 9:30 a.m. until 3:30 p.m. (EDT). This is a continuance of the April 22, 2008, Form No. 552 Technical Conference. Order No. 704, Transparency Provisions of Section 23 of the Natural Gas Act, 1 requires certain natural gas buyers and sellers to identify themselves to the Commission and report certain information about their physical natural gas transactions for the previous calendar year on Form No. 552, established for the purpose of obtaining information about the amount of daily or monthly fixed-price trading that is eligible to be reported to price index publishers as compared to the amount of trading that uses or refers to price indices. This workshop will address the questions submitted prior to the April 22 Technical Conference in connection with the filing of Form No. 552 as well as issues brought up at that conference. 1 *Transparency Provisions of Section 23 of the Natural Gas Act,* Order No. 704, 73 FR 1014 (Jan. 4, 2008), FERC Stats. & Regs. ¶ 31,260 (2008). Staff is issuing this Notice to alert interested individuals of the date for the upcoming workshop, and to note that on May 12, 2008, staff will post a link on the FERC calendar announcing the May 19 workshop, to access staff's draft responses to the questions that have been submitted and an agenda for the May 19 workshop. The session will neither be web-cast nor transcribed. All interested persons are invited to attend in person or participate via teleconference in the May 19 workshop. There is no fee to register, to participate via teleconference, or to attend the conference. Those interested in participating by phone must register no later than May 14, 2008, on the FERC Web site at *https://www.ferc.gov/whats-new/registration/form-552-05-19-form.asp* . Those who will participate in person are encouraged, but not required, to register. Information for the conference call will be e-mailed to registered participants. For additional information, please contact Michelle Reaux of FERC's Office of Enforcement at

(202)502-6497 or by e-mail at *michelle.reaux@ferc.gov* . Commission conferences and meetings are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an e-mail to *accessibility@ferc.gov* or call toll free

(866)208-3372 (voice) or 202-502-8659 (TTY), or send a fax to 202-208-2106 with the required accommodations. Kimberly D. Bose, Secretary. [FR Doc. E8-10123 Filed 5-7-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13089-000] KC LLC; Notice of Application Accepted for Filing and Soliciting Comments, Protests, and Motions To Intervene May 1, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 13089-000. c. *Date filed:* December 20, 2007, and revised March 21, 2008. d. *Applicant:* KC LLC. e. *Name and Location of Project:* The proposed Conway Ranch Hydropower Project would be located near the town of Mono City on the Virginia Creek at the existing Conway Ranch diversion ditch in Mono County, California, on public lands administered by the U.S. Bureau of Land Management. f. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). g. *Applicant contact:* Ms. Kelly Sackheim, Principal, KC LLC, 5096 Cocoa Palm Way, Fair Oaks, CA 95628,

(916)962-2271. h. *FERC Contact:* Tom Papsidero,

(202)502-6002. i. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-13089-000) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. j. *Description of Existing Facilities and Proposed Project:* The proposed Conway Ranch Hydropower Project would include a proposed notched weir at the existing Conway Ranch diversion ditch *. The proposed project would also consist of the following new facilities:*

(1)A 2-mile-long, 8-inch-wide penstock,

(2)a powerhouse containing one generating unit with a total installed capacity of 500 kW,

(3)a 360-foot-long transmission line, connecting to an existing power line, and

(4)appurtenant facilities. The project would have an annual generation of 2.3 GWh, which would be sold to a local utility. k. *Location of Applications:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov* . For TTY, call

(30)days following the date of publication of this notice, the United States will receive written comments relating to the settlement. The United States will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The United States' response to any comments received will be available for public inspection at One Congress Street, Boston, MA 02114-2023. DATES: Comments must be submitted by June 9, 2008. ADDRESSES: Comments should be addressed to the Regional Hearing Clerk, U.S. Environmental Protection Agency, Region I, One Congress Street, Suite 1100 (RAA), Boston, Massachusetts 02114-2023 and should refer to: In re: The Elite Laundry Superfund Site, U.S. EPA Docket Number CERCLA-01-2007-0137. FOR FURTHER INFORMATION CONTACT: A copy of the proposed settlement may be obtained from Steven Schlang, Senior Enforcement Counsel, U.S. Environmental Protection Agency, Region I, Office of Environmental Stewardship, One Congress Street, Suite 1100 (SES), Boston, MA 02114-2023 or at

(617)918-1773. Dated: February 25, 2008. Richard Cavagnero, Acting Director, Office of Site Remediation and Restoration. [FR Doc. E8-10310 Filed 5-7-08; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority, Comments Requested April 29, 2008. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act

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

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

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

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

(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Persons wishing to comment on this information collection should submit comments by July 7, 2008. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget (OMB),

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

(ICR)submitted to OMB:

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

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

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

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

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

(6)when the list of FCC ICRs currently under review appears, look for the title of this ICR (or its OMB Control Number, if there is one) and then click on the ICR Reference Number to view detailed information about this ICR. FOR FURTHER INFORMATION CONTACT: For additional information, send an email to: *PRA@fcc.gov* or contact Judith B. Herman at 202-418-0214. SUPPLEMENTARY INFORMATION: *OMB Control No.:* 3060-1087. *Title:* Broadband Power Line Systems, ET Docket No. 04-37. *Form No.:* N/A. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit, not-for-profit institutions and state, local or tribal government. *Number of Respondents:* 100 respondents; 100 responses. *Estimated Time per Response:* .05 hours. *Frequency of Response:* On occasion reporting requirement, recordkeeping requirement and third party disclosure requirement. *Obligation to Respond:* Required to obtain or retain benefits. *Total Annual Burden:* 2,600 hours. *Annual Cost Burden:* $60,000. *Privacy Act Impact Assessment:* N/A. *Nature and Extent of Confidentiality:* There is no need for confidentiality. *Needs and Uses:* This collection will be submitted as an extension (no change in reporting, recordkeeping and/or third party disclosure requirements) after this 60 day comment period to Office of Management and Budget

(OMB)in order to obtain the full three year clearance. The Commission adopted a *Report and Order, FCC 04-245* on October 28, 2004. The *Report and Order* requires that entities operating Access Broadband over Power Lines

(BPL)systems shall supply to an industry-recognized entity, information on all existing Access BPL systems and all proposed Access BPL systems for inclusion into a publicly available database, within 30 days prior to initiation of service. The following information should be provided to the database manager; the name of the Access BPL provider; the frequencies of the Access BPL operation; the postal ZIP codes served by the specific Access BPL operation; the manufacturer and type of Access BPL equipment and its associated FCC ID number, or in the case of Access BPL equipment that has been subject to verification, the Trade Name and Model Number, as specified on the equipment label; the contact information, including both phone number and e-mail address of a person at, or associated with, the BPL operator's company, to facilitate the resolution of any interference complaint; and the proposed/or actual date of Access BPL operation. The Access BPL operator can begin operations once the 30-day advance notification timeframe is over, then the Access BPL operator must notify the database manager of the date of commencement of actual operations for inclusion in the database. The database manager shall be required to enter this information into the publicly accessible database within three business days of receipt. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-9974 Filed 5-7-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [AU Docket No. 08-32; Report No. AUC-08-77-B (Auction 77); DA 08-926] Closed Auction of Licenses For Cellular Unserved Service Areas Scheduled for June 17, 2008; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction 77 AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: This document announces the procedures and minimum opening bids for the upcoming Closed Auction of Licenses for Cellular Unserved Service Areas (Auction 77). This document is intended to familiarize prospective bidders with the procedures and minimum opening bids for the auction. DATES: Short Form Applications to participate in Auction 77 must be filed before 6 p.m. ET on May 14, 2008. The upfront payments deadline for Auction 77 is June, 2, 2008, 6 p.m. ET. Bidding for Auction No. 77 is scheduled to begin on June 17, 2008. FOR FURTHER INFORMATION CONTACT: *Wireless Telecommunications Bureau, Auctions Spectrum and Access Division:* For legal questions: Sayuri Rajapakse at

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

(717)338-2868. *Mobility Division:* For service rule questions: Erin McGrath (legal), Gabriel Ubieta (engineering) and Denise Walter (licensing) at

(202)418-0620. To request materials in accessible formats (Braille, large print, electronic files or audio format) for people with disabilities, send an e-mail to *fcc504@fcc.gov* or call the Consumer and Governmental Affairs Bureau at

(202)418-0530 or

(202)418-0432 (TTY). SUPPLEMENTARY INFORMATION: This is a summary of the *Auction 77 Procedures Public Notice* which was released on April 25, 2008. The complete text of the *Auction 77 Procedures Public Notice* , including attachments, as well as related Commission documents are available for public inspection and copying at the FCC Reference Information Center. The *Auction 77 Procedures Public Notice* and related Commission documents may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 202-488-5300, facsimile 202-488-5563, or Web site: *http://www.BCPIWEB.com* . The *Auction 77 Procedures Public Notice* and related documents are also available on the Internet at the Commission's Web site: *http://wireless.fcc.gov/auctions/77/* . I. General Information A. Introduction 1. The Wireless Telecommunications Bureau (Bureau) announces the procedures and minimum opening bid amounts for the upcoming closed auction of Cellular Radiotelephone Service licenses covering two different unserved areas (Auction 77). Auction 77 is scheduled to begin on June 17, 2008. i. Background of Proceeding 2. On March 21, 2008, in accordance with Section 309(j)(3) of the Communications Act of 1934, as amended, the Bureau released a public notice seeking comment on competitive bidding procedures to be used in Auction 77. In the *Auction 77 Comment Public Notice* , 73 FR 18276, April 3, 2008, the Bureau proposed to award the licenses using a single-round sealed-bid auction and sought comment on procedures for the conduct of Auction 77. The Bureau received one comment and no reply comments in response to the *Auction 77 Comment Public Notice* . ii. Licenses To Be Offered in Auction 77 3. The spectrum to be auctioned is the subject of two groups of pending mutually exclusive long-form applications (FCC Form 601s) for unserved area licenses in the Cellular Radiotelephone Service. Participation in Auction 77 will be limited to those applicants identified in Attachment A of the *Auction 77 Procedures Public Notice* . Licenses will be auctioned for each mutually exclusive applicant group (MX group) identified in Attachment A. The winning bidder in each group will be licensed to serve only the unserved area proposed in its long-form application(s) for that MX group. 4. Consistent with the Commission's determination in the *Competitive Bidding Ninth Report and Order* , 61 FR 58333, November 14, 1996, all pending mutually exclusive applications for unserved area licenses in the Cellular Radiotelephone Service must be resolved through a system of competitive bidding. When the short-form applications of two or more applicants within an MX group are accepted for filing, mutual exclusivity exists for auction purposes. Once mutual exclusivity exists for auction purposes, even if only one applicant within an MX group submits an upfront payment, that applicant is required to submit a bid in order to obtain the license. Any applicant that submits a short-form application but fails to timely submit an upfront payment will not be eligible to bid. B. Rules and Disclaimers i. Relevant Authority 5. Prospective applicants must familiarize themselves thoroughly with the Commission's general competitive bidding rules set forth in 47 CFR part 1 and 22 including recent amendments and clarifications; rules relating to the Cellular Radiotelephone Service and rules relating to applications, environment, practice and procedure. Prospective applicants must also be thoroughly familiar with the procedures, terms and conditions (collectively, terms) contained in the *Auction 77 Procedures Public Notice* and the Commission's decisions in proceedings regarding competitive bidding procedures, application requirements, and obligations of Commission licensees. 6. The terms contained in the Commission's rules, relevant orders, and public notices are not negotiable. The Commission may amend or supplement the information contained in its public notices at any time, and will issue public notices to convey any new or supplemental information to applicants. It is the responsibility of all applicants to remain current with all Commission rules and with all public notices pertaining to Auction 77. ii. Prohibition of Collusion; Compliance With Antitrust Laws 7. To ensure the competitiveness of the auction process, 47 CFR 1.2105(c) of the Commission's rules prohibits auction applicants for licenses in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications (FCC Forms 175) as parties with whom they have entered into agreements pursuant to 47 CFR 1.2105(a)(2)(viii). This prohibition applies to all applicants regardless of whether such applicants become qualified bidders or actually bid. Section 1.2105(c)'s anti-collusion prohibition begins at the short-form application filing deadline and ends at the down payment deadline after the auction. If an applicant makes or receives a communication that appears to violate the anti-collusion rule, it must report such communication in writing to the Commission immediately and in no case later than five business days after the communication occurs. The *Auction 77 Procedures Public Notice* contains specific guidance for applicants on the applicability of and compliance with the Commission's anti-collusion rule and antitrust laws. A summary listing of documents issued by the Commission and the Bureau addressing the application of the anti-collusion rule may be found in Attachment D of the *Auction 77 Procedures Public Notice* . iii. Due Diligence 8. The FCC makes no representations or warranties about the use of this spectrum for particular services. Applicants should perform their individual due diligence before proceeding as they would with any new business venture. 9. Potential bidders are strongly encouraged to conduct their own research prior to the beginning of bidding in Auction 77 in order to determine the existence of any pending legislative, administrative or judicial proceedings that might affect their decision regarding participation in the auction. Participants in Auction 77 are strongly encouraged to continue such research throughout the auction. In addition, potential bidders should perform technical analyses sufficient to assure themselves that, should they prevail in competitive bidding for a specific license, they will be able to build and operate facilities that will fully comply with the Commission's technical and legal requirements as well as other applicable Federal, state, and local laws. 10. Applicants should perform due diligence to identify and consider all proceedings that may affect the spectrum licenses being auctioned and that could have an impact on the availability of spectrum for Auction 77. In addition, although the Commission may continue to act on various pending applications, informal objections, petitions, and other requests for Commission relief, some of these matters may not be resolved by the beginning of bidding in the auction. 11. Applicants are solely responsible for identifying associated risks and for investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of licenses being offered. iv. Use of Integrated Spectrum Auction System 12. The Commission will make available a browser-based bidding system to allow bidders to participate in Auction 77 over the Internet using the Commission's Integrated Spectrum Auction System (ISAS or FCC Auction System). The Commission makes no warranty whatsoever with respect to the FCC Auction System. In no event shall the Commission, or any of its officers, employees or agents, be liable for any damages whatsoever (including, but not limited to, loss of business profits, business interruption, loss of business information, or any other loss) arising out of or relating to the existence, furnishing, functioning or use of the FCC Auction System that is accessible to qualified bidders in connection with Auction 77. Moreover, no obligation or liability will arise out of the Commission's technical, programming or other advice or service provided in connection with the FCC Auction System. C. Auction Specifics i. Auction 77 Start Date 13. Bidding in Auction 77 will be held on Tuesday, June 17, 2008. Unless otherwise announced, the licenses to provide cellular service in the two different unserved areas will be offered at the same time. 14. The start and finish time of bidding will be announced by public notice approximately ten days before the start of the auction. ii. Bidding Methodology 15. The bidding methodology for Auction 77 will be single-round sealed-bid. The single-round sealed-bid format will consist of one bidding round followed by the release of auction results. In the event of tied bids in an MX group, the Commission will post an announcement in the FCC Auction System to announce an additional round of bidding for that MX group. The Commission will conduct Auction 77 over the Internet using the FCC Auction System, and telephonic bidding will be available as well. All telephone calls are recorded. iii. Pre-Auction Dates and Deadlines 16. The following dates and deadlines apply: Auction 77 Short-Form Application (FCC Form 175) Filing Window Opens—May 14, 2008; 9 a.m. ET. Auction 77 Short-Form Application (FCC Form 175) Filing Window Deadline—May 16, 2008; prior to 6 p.m. ET. Auction 77 Upfront Payment Deadline (via wire transfer)—June 2, 2008; 6 p.m. ET. Auction 77 Begins—June 17, 2008. iv. Requirements for Participation in Auction 77 17. Those wishing to participate in Auction 77 must:

(1)Submit a short-form application (FCC Form 175) electronically prior to 6 p.m. ET, May 16, 2008, following the electronic filing procedures set forth in Attachment B of the *Auction 77 Procedures Public Notice;*

(2)submit a sufficient upfront payment and an FCC Remittance Advice Form (FCC Form 159) by 6 p.m. ET, June 2, 2008, following the procedures and instructions set forth in Attachment C of the *Auction 77 Procedures Public Notice;* and

(3)comply with all provisions outlined in the *Auction 77 Procedures Public Notice* and applicable Commission rules. II. Short-Form Application (FCC Form 175) Requirements 18. Entities seeking licenses available in Auction 77 must file a short-form application (FCC Form 175) electronically following the procedures prescribed in Attachment B of the *Auction 77 Procedures Public Notice.* Applicants filing a short-form application are subject to the Commission's anti-collusion rules beginning on the deadline for filing. Applicants bear full responsibility for submitting accurate, complete and timely short-form applications. All applicants must certify on their short-form applications under penalty of perjury that they are legally, technically, financially and otherwise qualified to hold a license. Applicants should read the instructions set forth in Attachment B of the *Auction 77 Procedures Public Notice* carefully and should consult the Commission's rules to ensure that all the information that is required under the Commission's rules is included with their short-form applications. 19. An entity may not submit more than one short-form application for Auction 77. If a party submits multiple short-form applications for Auction 77, only one application will be accepted for filing. 20. Applicants also should note that submission of a short-form application (and any amendments thereto) constitutes a representation by the certifying official that he or she is an authorized representative of the applicant, that he or she has read the form's instructions and certifications, and that the contents of the application, its certifications, and any attachments are true and correct. Applicants are not permitted to make major modifications to their applications; such impermissible changes include a change of the certifying official to the application. Submission of a false certification to the Commission may result in penalties, including monetary forfeitures, license forfeitures, ineligibility to participate in future auctions, and/or criminal prosecution. A. License Selection 21. On its short-form application for Auction 77, an applicant must select the license for which it has filed a long-form application. Applicants will not be able to select the license for which they have not filed a long-form application. 22. Applicants will not be able to change their license selections after the short-form application filing deadline. Applicants interested in participating in Auction 77 must have selected license(s) available in the respective auction by the short-form application deadline. Applicants must confirm their license selections before the deadline for submitting FCC Form 175. The FCC Auction System will not accept bids from an applicant on individual licenses that the applicant has not selected on its FCC Form 175. B. Disclosure of Bidding Arrangements 23. Applicants will be required to identify in their short-form application for Auction 77 all parties with whom they have entered into any agreements, arrangements, or understandings of any kind relating to the licenses being auctioned in Auction 77, including any agreements relating to post-auction market structure. 24. Applicants also will be required to certify under penalty of perjury in their short-form applications that they have not entered and will not enter into any explicit or implicit agreements, arrangements or understandings of any kind with any parties, other than those identified in the application to participate in Auction 77 regarding the amount of their bids, bidding strategies, or the particular licenses on which they will or will not bid. If an applicant has had discussions, but has not reached an agreement by the short-form application filing deadline, it would not include the names of parties to the discussions on its application and may not continue such discussions with any applicants after the deadline. C. Ownership Disclosure Requirements 25. All applicants must comply with the uniform part 1 ownership disclosure standards and provide information required by 47 CFR 1.2105 and 1.2112 of the Commission's rules. Specifically, in completing the short-form application for Auction 77, applicants will be required to fully disclose information on the real party or parties-in-interest and ownership structure of the applicant. The ownership disclosure standards for the short-form application are prescribed in 47 CFR 1.2105 and 1.2112 of the Commission's rules. Each applicant is responsible for information submitted in its short-form application being complete and accurate. D. Provisions Regarding Former and Current Defaulters 26. Each applicant must state under penalty of perjury on its short-form application whether or not the applicant, its affiliates, its controlling interests, and the affiliates of its controlling interests, as defined by 47 CFR 1.2110, have ever been in default on any Commission licenses or have ever been delinquent on any non-tax debt owed to any Federal agency. In addition, each applicant must certify under penalty of perjury on its short-form application that, as of the short-form filing deadline, the applicant, its affiliates, its controlling interests, and the affiliates of its controlling interests, as defined by 47 CFR 1.2110, are not in default on any payment for Commission licenses (including down payments) and that they are not delinquent on any non-tax debt owed to any Federal agency. Prospective applicants are reminded that submission of a false certification to the Commission is a serious matter that may result in severe penalties, including monetary forfeitures, license revocations, exclusion from participation in future auctions, and/or criminal prosecution. These statements and certifications are prerequisites to submitting an application in the FCC Auction System. 27. Former defaulters—i.e., applicants, including any of their affiliates, any of their controlling interests, or any of the affiliates of their controlling interests, that in the past have defaulted on any Commission licenses or been delinquent on any non-tax debt owed to any Federal agency, but that have since remedied all such defaults and cured all of their outstanding non-tax delinquencies—are eligible to bid in Auction 77, provided that they are otherwise qualified. However, former defaulters are required to pay upfront payments that are fifty percent more than the normal upfront payment amounts. 28. Current defaulters—i.e., applicants, including any of their affiliates, any of their controlling interests, or any of the affiliates of their controlling interests, that are in default on any payment for any Commission licenses (including down payments) or are delinquent on any non-tax debt owed to any Federal agency as of the filing deadline for short-form applications—are not eligible to bid in Auction 77. 29. Applicants are encouraged to review the Bureau's previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. E. Minor Modifications to Short-Form Applications (FCC Form 175) 30. Applicants are not permitted to make major modifications to their short-form applications (e.g., change their license selections, change control of the applicant, or change the certifying official) after the short-form application deadline. Thus, any change in control of an applicant, resulting from a merger for example, will be considered a major modification to the applicant's FCC Form 175, which will consequently be dismissed. 31. Applicants are, however, permitted to make only minor changes to their FCC Form 175 after the short-form application deadline. Permissible minor changes include, for example, deletion and addition of authorized bidders (to a maximum of three) and revision of addresses and telephone numbers of the applicants and their contact persons. 32. The *Auction 77 Procedures Public Notice* also provides information on the mechanics of making permissible minor changes to its short-form application. F. Maintaining Current Information in Short-Form Applications (FCC Form 175) 33. 47 CFR 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. If an amendment reporting substantial changes is a major amendment as defined by 47 CFR 1.2105, the major amendment will not be accepted and may result in the dismissal of the short-form application. 34. The *Auction 77 Procedures Public Notice* contains instructions on how to make minor changes to their short-form applications. III. Pre-Auction Procedures A. Short-Form Applications (FCC Form 175)—Due Prior to 6 p.m. ET on May 16, 2008 35. In order to be eligible to bid in Auction 77, applicants must first follow the procedures set forth in Attachment B of the *Auction 77 Procedures Public Notice* to submit an FCC Form 175 application electronically via the FCC Auction System. This application must be received at the Commission prior to 6 p.m. ET on May 16, 2008. Late applications will not be accepted. There is no application fee required when filing an FCC Form 175, but an applicant must submit an upfront payment to be eligible to bid. 36. Applications may generally be filed at any time beginning at 9 a.m. ET on May 14, 2008, and the filing window will close prior to 6 p.m. ET on May 16, 2008. Applicants are strongly encouraged to file early and are responsible for allowing adequate time for filing their applications. Applicants may update or amend their applications multiple times until the filing deadline on May 16, 2008. Applicants must always click on the SUBMIT button on the Certify & Submit screen of the electronic form to successfully submit or modify their FCC Form 175. Application Processing and Minor Corrections 37. After the deadline for filing short-form applications, the Commission will process all timely submitted applications to determine which are complete, and subsequently will issue a public notice identifying:

(1)Those applications that are complete;

(2)those applications rejected; and

(3)those applications that are incomplete because of minor defects that may be corrected, and the deadline for resubmitting corrected applications. B. Upfront Payments—Due June 2, 2008 38. In order to be eligible to bid in Auction 77, applicants must submit an upfront payment accompanied by an FCC Remittance Advice Form (FCC Form 159). After completing the FCC Form 175, filers will have access to an electronic version of the FCC Form 159 that can be printed and sent by facsimile to Mellon Bank in Pittsburgh, PA. All upfront payments for Auction 77 must be received in the proper account at Mellon Bank by 6 p.m. ET on June 2, 2008. The Auction *77 Procedures Public Notice* contains instructions for using wire transfers to meet the upfront payment requirements. 39. Please note that:

(1)All payments must be made in U.S. dollars;

(2)all payments must be made by wire transfer;

(3)upfront payments for Auction 77 go to a lockbox number different from the lockboxes used in previous FCC auctions, and different from the lockbox number to be used for post-auction payments; and

(4)failure to deliver the upfront payment as instructed by the June 2, 2008, deadline will result in dismissal of the application and disqualification from participation in the auction. i. FCC Form 159 40. A completed FCC Remittance Advice Form (FCC Form 159, Revised 7/05) must be sent by facsimile to Mellon Bank to accompany each upfront payment. Proper completion of FCC Form 159 (Revised 7/05) is critical to ensuring correct crediting of upfront payments. Detailed instructions for completion of FCC Form 159 are included in Attachment C to this Public Notice. An electronic pre-filled version of the FCC Form 159 is available after submitting the FCC Form 175. Payors using a pre-filled FCC Form 159 are responsible for ensuring that all of the information on the form, including payment amounts, is accurate. The FCC Form 159 can be completed electronically, but must be filed with Mellon Bank via facsimile. ii. Upfront Payments and Bidding Eligibility 41. Applicants must make the required upfront payment in order to be able to bid in Auction 77. 42. In the *Auction 77 Comment Public Notice,* the Bureau proposed to set the upfront payment at $500 for each applicant. The Bureau did not receive any comments in response to the proposed upfront payments, or on its proposal that the upfront payment amount would determine a bidder's eligibility to participate in the auction. Therefore, the Bureau adopts the upfront payment for each applicant in Auction 77 as proposed and set forth in Attachment A of the *Auction 77 Procedures Public Notice.* 43. Former defaulters must calculate their upfront payment by multiplying the upfront payment amount by 1.5. C. Auction Registration 44. Approximately ten days before the auction, the FCC will issue a public notice announcing all qualified bidders for Auction 77. Qualified bidders are those applicants whose FCC Form 175 applications have been accepted for filing, are complete and have timely submitted upfront payments sufficient to make them eligible to bid in Auction 77. 45. All qualified bidders are automatically registered for the auction. Registration materials will be distributed prior to the auction by overnight mail. The mailing will be sent only to the contact person at the contact address listed in the FCC Form 175 and will include the SecurID® tokens that will be required to place bids, the Integrated Spectrum Auction System

(ISAS)Bidder's Guide, and the Auction Bidder Line phone number. 46. Qualified bidders that do not receive this registration mailing will not be able to submit bids. Therefore, any qualified bidder that has not received this mailing by noon on Thursday, June 12, 2008, should call

(717)338-2868. Receipt of this registration mailing is critical to participating in the auction, and each applicant is responsible for ensuring it has received all of the registration material. IV. Auction 77 47. Auction 77 will be held on Tuesday, June 17, 2008. The start and finish time of the bidding round will be announced in a public notice listing the qualified bidders, which is to be released approximately 10 days before the start of the auction. A. Auction 77 Structure i. Single-Round Sealed-Bid Auction 48. In the *Auction 77 Comment Public Notice,* the Bureau proposed to award the licenses included in Auction 77 using a single-round sealed-bid auction. A commenter supports the Bureau's proposal. The Bureau concludes that it is operationally feasible and appropriate to auction the cellular unserved service area licenses through a single-round sealed-bid auction. ii. Auction Delay, Suspension, or Cancellation 49. In the *Auction 77 Comment Public Notice,* the Bureau proposed that, by public notice or by announcement during the auction, the Bureau may delay, suspend, or cancel the auction in the event of natural disaster, technical obstacle, administrative or weather necessity, evidence of an auction security breach or unlawful bidding activity, or for any other reason that affects the fair and efficient conduct of competitive bidding. The Bureau received no comment on this issue. 50. Because the Bureau's approach to notification of delay during an auction has proven effective in resolving exigent circumstances in previous auctions, the Bureau adopts its proposed rules regarding auction delay, suspension, or cancellation. B. Bidding Procedures i. Round Structure 51. The Commission will conduct Auction 77 over the Internet, and telephonic bidding will be available as well. The toll-free telephone number for the Auction Bidder Line will be provided to qualified bidders. The start and finish time of the bidding round will be announced in the public notice listing qualified bidders, which is released approximately 10 days before the start of the auction. 52. The single-round sealed-bid format will consist of one bidding round followed by the release of auction results. In the event of tied bids in an MX group, the Commission will post an announcement in the FCC Auction System to announce an additional round of bidding for that MX group. The commenter supports the proposal. ii. Reserve Price or Minimum Bid 53. In the *Auction 77 Comment Public Notice,* the Bureau proposed to set the minimum bid at $500 for each of the two cellular unserved areas in Auction 77. The Bureau received no comments concerning this proposal. Therefore, the minimum bid for each of the two cellular unserved areas is set at $500 and is set forth in Attachment A of the *Auction 77 Procedures Public Notice.* iii. Bid Amounts 54. Bidders will be able to place a bid in any whole dollar amount equal to or greater than the minimum bid for the cellular unserved area for which they applied. 55. Bidders are also cautioned that they should type their bid amounts carefully because, even if mistakenly or erroneously made, bidders still assume a binding obligation to pay their full bid amount. iv. Bid Removal and Bid Withdrawal 56. *Bid Removal.* Before the close of a bidding round, a bidder has the option of removing any bids placed in that round. Once a round closes, a bidder may no longer remove a bid. By using the remove bids function in the FCC Auction System, a bidder may effectively unsubmit any bid placed within that round. This procedure will enhance bidder flexibility during the auction, and therefore the Bureau adopts these proposals for Auction 77. 57. *Bid Withdrawal.* With respect to bid withdrawals, we proposed not to allow any bid withdrawals (withdrawal of provisionally winning bids from previous rounds) in Auction 77. The Bureau received no comments on this issue. Therefore, the Bureau adopts its proposal. v. Auction Results 58. At the end of the bidding round, the winning bid for each cellular unserved area will be determined based on the highest bid amount received for the area. Bids placed during a round will be made public at the conclusion of that round. Specifically, after a round closes, the Bureau will compile reports of all bids placed and which bidders made them, the random numbers assigned to each bid (for tie-breaking purposes), new minimum acceptable bid amounts, and will post the reports for public access. 59. In the event of identical high bid amounts being submitted in a cellular unserved area (i.e., tied bids), the Bureau proposed to allow an additional bidding round or rounds, if necessary, for bidders to submit higher bids for the cellular unserved area with tied bids. The minimum bid for the next round will be calculated by rounding the tied bid amount up to the next $100. The license(s) will be awarded to the bidder submitting the highest bid in the additional round. If no bids are placed in the additional round, the license(s) will be awarded to the bidder that placed the tied bid that was assigned the higher random number (a random number having previously been assigned to each bid). If there is a tie for the winning bid in the additional round, the FCC may add another tie-breaking round or rounds, or stop the auction without awarding the license(s). 60. The Commission will announce the schedule for a subsequent round via an announcement in the FCC Auction System, concurrent with the release of round results. A commenter stated that it had no objection to the proposal to conduct an additional round in the event of tied bids. The Bureau believes that this approach is efficient and therefore adopts its proposal. 61. Consistent with past practice, the Bureau will announce the winning bid shortly after the close of the auction, and the amounts of all bids submitted during the auction will be made publicly available. vi. Auction Announcements 62. The Commission will use auction announcements to announce items such as the schedule for a subsequent round in the event of tied bids on a license. All auction announcements will be available by clicking a link in the FCC Auction System. V. Post-Auction Procedures A. Down Payments 63. After bidding has ended in Auction 77, the Commission will issue a public notice declaring the auction closed and identifying winning bidders, down payments and final payments due. 64. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Commission for licenses offered in Auction 77 to 20 percent of the net amount of its winning bids. B. Final Payments 65. Each winning bidder will be required to submit the balance of the net amount of its winning bids within 10 business days after the applicable deadline for submitting down payments. C. Long-Form Application (FCC Form 601) 66. Within an MX group, the previously filed long-form application(s) (FCC Form 601) of the unsuccessful bidder will be dismissed following the grant of the winning bidder's license(s). D. Ownership Disclosure Information Report (FCC Form 602) 67. Winning bidders must ensure that ownership information reported on FCC Form 602 is accurate and up to date. Further instructions will be provided to winning bidders at the close of the auction. E. Default and Disqualification 68. Any winning bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 CFR 1.2104(g)(2). The payments include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering substantially the same spectrum and geographic area is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is less. 69. The percentage of the bid that a defaulting bidder must pay in addition to the deficiency will depend in part on the auction format ultimately chosen for a particular auction, if the license is subsequently reauctioned. In package auctions without package bidding, the amount can range from three percent up to a maximum of twenty percent, established in advance of the auction and based on the nature of the service and the inventory of the licenses being offered. 70. As previously noted by the Commission, defaults weaken the integrity of the auction process and impede the deployment of service to the public, and an additional default payment of more than three percent will be more effective in deterring defaults. Accordingly, in the *Auction 77 Comment Public Notice,* the Bureau proposed to set the additional default payment for the auction of the two cellular unserved areas licenses at twenty percent of the applicable bid. Since Auction 77 is being conducted strictly to resolve conflicts between entities in two cellular unserved areas that were unable to resolve their mutually exclusive applications, a default by the winning bidder would suggest that the bidder has not made a good-faith effort to abide by FCC license assignment procedures, thereby weakening the integrity of the auction process. The Bureau proposed to impose the maximum payment percentage to deter such behavior. The Bureau received no comments on this proposal. Therefore, the Bureau adopts its proposal. 71. Finally, the Bureau notes that in the event of a default, the Commission may reauction the license or offer it to the next highest bidder (in descending order) at its final bid amount. In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, the Commission may declare the applicant and its principals ineligible to bid in future auctions, and may take any other action that it deems necessary, including institution of proceedings to revoke any existing licenses held by the applicant. F. Refund of Remaining Upfront Payment Balance 72. All upfront payments submitted by applicants in Auction 77 may be available to be refunded after the conclusion of the auction; subject to any required payments (i.e. winning bid, deficiency, and/or default payments). All refunds will be returned to the payer of record, as identified on the FCC Form 159, unless the payer submits written authorization instructing otherwise. Federal Communications Commission. Gary D. Michaels, Deputy Chief, Auctions Spectrum and Access Division, WTB. [FR Doc. E8-10381 Filed 5-7-08; 8:45 am] BILLING CODE 6712-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day-08-0106] Agency Forms Undergoing Paperwork Reduction Act Review The Centers for Disease Control and Prevention

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

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

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

(202)395-6974. Written comments should be received within 30 days of this notice. Proposed Project Preventive Health and Health Services Block Grant—Revision—National Center for Chronic Disease and Public Health Promotion (NCCDPHP), Centers for Disease Control and Prevention (CDC). Background and Brief Description The Preventive Health and Health Services Block Grant program provides awardees with their primary source of flexible funding for health promotion and disease prevention programs. Sixty-one awardees (50 states, the District of Columbia, two American Indian Tribes, and eight U.S. territories) currently receive block grants from CDC in order to address locally defined public health needs in innovative ways. Block Grants allow awardees to prioritize the use of funds to fill funding gaps in programs that deal with leading causes of death and disability, as well as the ability to respond rapidly to emerging health issues. CDC currently collects standardized application and performance information from each awardee through an electronic Grant Application and Reporting System (GARS). In response to measures described in the Government Performance Results Act, CDC proposes to replace GARS with a web-based Block Grant Management Information System (BG-MIS) that will collect information by the areas described in Healthy People 2010 and improve adherence to its goals. Concurrent with conversion to the BG-MIS, minor changes to the questions and response options, and other features, will be implemented to reduce respondent burden and support the Healthy People 2010 framework. These features include increased utilization of pre-defined response options, start and end dates, the SMART (Specific, Measurable, Achievable, Realistic, and Time-based) format for describing objectives, and identification of Evidence Based Guidelines and Best Practices used as the basis for public health programs and interventions. In addition, a Compliance Review section has been added to provide each awardee with general information regarding the Compliance Review process and specific information pertaining to its past reviews. Information will be collected twice per year. Each awardee will submit an annual Work Plan outlining awardee-specific health outcome objectives and an Annual Report describing progress toward its goals. There are no costs to respondents except their time. The estimated annualized burden hours are 3,355. Estimated Annualized Burden Hours Respondents Form name Number of respondents Number of responses per respondent Average burden per response (in hours) PHHS Block Grant Awardees Work Plan 61 1 25 Annual Report 61 1 30 Dated: April 30, 2008. Maryam I. Daneshvar, Acting Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E8-10215 Filed 5-7-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2008-N-0063] (formerly Docket No. 2008N-0016) Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Exports: Notification and Recordkeeping Requirements AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration

(FDA)is announcing that a proposed collection of information has been submitted to the Office of Management and Budget

(OMB)for review and clearance under the Paperwork Reduction Act of 1995. DATES: Fax written comments on the collection of information by June 9, 2008. ADDRESSES: To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202-395-6974, or e-mailed to *baguilar@omb.eop.gov* . All comments should be identified with the OMB control number 0910-0482. Also include the FDA docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of the Chief Information Officer (HFA-250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-4659. SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance. Exports: Notification and Recordkeeping Requirements—(OMB Control Number 0910-0482)—Extension The respondents to this information collection are exporters who have notified FDA of their intent to export unapproved products that may not be sold or marketed in the United States as allowed under section 801(e) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 381(e)). In general, the notification identifies the product being exported (e.g. name, description, and in some cases, country of destination) and specifies where the notification should be sent. These notifications are sent only for an initial export; subsequent exports of the same product to the same destination (or, in the case of certain countries identified in section 802(b) of the act (21 U.S.C. 382(b)), to any of those countries would not result in a notification to FDA. The recordkeepers to this information collection are exporters who export human drugs, biologics, devices, animal drugs, foods and cosmetics that may not be sold in the United States to maintain records demonstrating their compliance with the requirements in section 801(e)(1) of the act. The total burden estimate of 39,120 is based on the number of notifications received by the relevant FDA centers in fiscal year 2007, or the last year the figures were available. In the **Federal Register** of January 28, 2008 (73 FR 4874), FDA published a 60-day notice requesting public comment on the information collection provisions. No comments were received. **Table 1.—Estimated Annual Reporting Burden** 1 21 CFR Section No. of Respondents Annual Frequency per Response Total Annual Responses Hours per Response Total Hours 1.101(d) and

(e)400 3 1,200 15 18,000 1 There are no capital costs or operating and maintenance costs associated with this collection of information. **Table 2.—Estimated Annual Recordkeeping Burden** 1 21 CFR Section No. of Recordkeepers Annual Frequency per Recordkeeping Total Annual Records Hours per Record Total Hours 1.101(b) and

(c)320 3 960 22 21,120 1 There are no capital costs or operating and maintenance costs associated with this collection of information. Dated: May 1, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8-10204 Filed 5-7-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Anti-Infective Drugs Advisory Committee; Notice of Meeting AGENCY: Food and Drug Administration, HHS. ACTION: Notice. This notice announces a forthcoming meeting of a public advisory committee of the Food and Drug Administration (FDA). The meeting will be open to the public. *Name of Committee* : Anti-Infective Drugs Advisory Committee. *General Function of the Committee* : To provide advice and recommendations to the agency on FDA's regulatory issues. *Date and Time* : The meeting will be held on July 16, 2008, from 8 a.m. to 5 p.m. *Location* : Food and Drug Administration, Center for Drug Evaluation and Research Advisory Committee Conference Room, rm. 1066, 5630 Fishers Lane, Rockville, MD. *Contact Person* : Sohail Mosaddegh, Center for Drug Evaluation and Research (HFD-21), Food and Drug Administration, 5600 Fishers Lane (for express delivery, 5630 Fishers Lane, rm. 1093) Rockville, MD 20857, 301-827-7001, FAX: 301-827-6776, e-mail: *sohail.mosaddegh@fda.hhs.gov* , or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area), code 3014512530. Please call the Information Line for up-to-date information on this meeting. A notice in the **Federal Register** about last minute modifications that impact a previously announced advisory committee meeting cannot always be published quickly enough to provide timely notice. Therefore, you should always check the agency's Web site and call the appropriate advisory committee hot line/phone line to learn about possible modifications before coming to the meeting. *Agenda* : The committee will discuss new drug application

(NDA)022-171, doripenem powder for reconstitution and intravenous administration, Johnson and Johnson Pharmaceutical Research and Development, LLC, proposed for the treatment of nosocomial pneumonia, including ventilator-associated pneumonia. FDA intends to make background material available to the public no later than 2 business days before the meeting. If FDA is unable to post the background material on its Web site prior to the meeting, the background material will be made publicly available at the location of the advisory committee meeting, and the background material will be posted on FDA's Web site after the meeting. Background material is available at *http://www.fda.gov/ohrms/dockets/ac/acmenu.htm* , click on the year 2008 and scroll down to the appropriate advisory committee link. *Procedure* : Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee. Written submissions may be made to the contact person on or before July 1, 2008. Oral presentations from the public will be scheduled between approximately 11 a.m. and 12 noon. Those desiring to make formal oral presentations should notify the contact person and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation on or before June 23, 2008. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled open public hearing session, FDA may conduct a lottery to determine the speakers for the scheduled open public hearing session. The contact person will notify interested persons regarding their request to speak by June 24, 2008. Persons attending FDA's advisory committee meetings are advised that the agency is not responsible for providing access to electrical outlets. FDA welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Sohail Mosaddegh at least 7 days in advance of the meeting. FDA is committed to the orderly conduct of its advisory committee meetings. Please visit our Web site at *http://www.fda.gov/oc/advisory/default.htm* for procedures on public conduct during advisory committee meetings. Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. app. 2). Dated: April 29, 2008. Randall W. Lutter, Deputy Commissioner for Policy. [FR Doc. E8-10307 Filed 5-7-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Oncologic Drugs Advisory Committee; Notice of Meeting AGENCY: Food and Drug Administration, HHS. ACTION: Notice. This notice announces a forthcoming meeting of a public advisory committee of the Food and Drug Administration (FDA). The meeting will be open to the public. *Name of Committee* : Oncologic Drugs Advisory Committee. *General Function of the Committee* : To provide advice and recommendations to the agency on FDA's regulatory issues. *Date and Time* : The meeting will be held on May 30, 2008, from 8 a.m. to 12:30 p.m. *Location* : Hyatt Regency McCormick Place, Regency Ballroom, 2233 South Martin L. King Dr. , Chicago, IL. The hotel phone number is 312-567-1234. *Contact Person* : Nicole Vesely, Center for Drug Evaluation and Research (HFD-21), Food and Drug Administration, 5600 Fishers Lane (for express delivery, 5630 Fishers Lane, rm. 1093), Rockville, MD 20857, 301-827-6793, fax: 301-827-6776, e-mail: *nicole.vesely@fda.hhs.gov* , or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area), code 3014512542. Please call the Information Line for up-to-date information on this meeting. A notice in the **Federal Register** about last minute modifications that impact a previously announced advisory committee meeting cannot always be published quickly enough to provide timely notice. Therefore, you should always check the agency's Web site and call the appropriate advisory committee hot line/phone line to learn about possible modifications before coming to the meeting. *Agenda* : The committee will discuss the new drug application

(NDA)022-291, proposed trade name PROMACTA (eltrombopag olamine), by GlaxoSmithKline, proposed indication for the short-term treatment of previously-treated patients with chronic idiopathic thrombocytopenic purpura

(ITP)to increase platelet counts and reduce or prevent bleeding. FDA intends to make background material available to the public no later than 2 business days before the meeting. If FDA is unable to post the background material on its Web site prior to the meeting, the background material will be made publicly available at the location of the advisory committee meeting, and the background material will be posted on FDA's Web site after the meeting. Background material is available at *http://www.fda.gov/ohrms/dockets/ac/acmenu.htm* , click on the year 2008 and scroll down to the appropriate advisory committee link. *Procedure* : Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee. Written submissions may be made to the contact person on or before May 21, 2008. Oral presentations from the public will be scheduled between approximately 10:30 a.m. and 11:30 a.m. Those desiring to make formal oral presentations should notify the contact person and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation on or before May 15, 2008. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled open public hearing session, FDA may conduct a lottery to determine the speakers for the scheduled open public hearing session. The contact person will notify interested persons regarding their request to speak by May 16, 2008. Persons attending FDA's advisory committee meetings are advised that the agency is not responsible for providing access to electrical outlets. FDA welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Nicole Vesely at least 7 days in advance of the meeting. FDA is committed to the orderly conduct of its advisory committee meetings. Please visit our Web site at *http://www.fda.gov/oc/advisory/default.htm* for procedures on public conduct during advisory committee meetings. Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. app. 2). Dated: April 10, 2008. Randall W. Lutter, Deputy Commissioner for Policy. [FR Doc. E8-10258 Filed 5-7-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Science Board to the Food and Drug Administration; Notice of Meeting AGENCY: Food and Drug Administration, HHS. ACTION: Notice. This notice announces a forthcoming meeting of a public advisory committee of the Food and Drug Administration (FDA). The meeting will be open to the public. *Name of Committee* : Science Board to the Food and Drug Administration (Science Board). *General Function of the Committee* : The Science Board provides advice primarily to the Commissioner of Food and Drugs and other appropriate officials on specific complex and technical issues as well as emerging issues within the scientific community in industry and academia. Additionally, the Science Board provides advice to the agency on keeping pace with technical and scientific evolutions in the fields of regulatory science, on formulating an appropriate research agenda, and on upgrading its scientific and research facilities to keep pace with these changes. It will also provide the means for critical review of agency sponsored intramural and extramural scientific research programs. *Date and Time* : The meeting will be held on Friday, May 30, 2008, from 8 a.m. to 3:30 p.m. *Location* : Washington DC North/Gaithersburg Hilton, 620 Perry Pkwy., Gaithersburg, MD 20877, Salons A, B, and C. *Contact Person* : Carlos Peña, Office of the Commissioner, Food and Drug Administration (HF-33), 5600 Fishers Lane, Rockville, MD 20857, 301-827-6687, *carlos.peña@fda.hhs.gov* , or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area), code 3014512603. Please call the Information Line for up-to-date information on this meeting. A notice in the **Federal Register** about last minute modifications that impact a previously announced advisory committee meeting cannot always be published quickly enough to provide timely notice. Therefore, you should always check the agency's Web site and call the appropriate advisory committee hot line/phone line to learn about possible modifications before coming to the meeting. *Agenda* : The Science Board will hear about and discuss a subcommittee review of the National Center for Toxicological Research and Office of Regulatory Affairs. The Science Board will discuss keeping pace with technical and scientific evolutions in the fields of regulatory science. The Science Board will also hear about and discuss updates on a subcommittee review of the agency's science programs and infrastructure from the June 14, 2007, and December 3, 2007, Science Board meetings. FDA intends to make background material available to the public no later than 2 business days before the meeting. If FDA is unable to post the background material on its Web site prior to the meeting, the background material will be made publicly available at the location of the advisory committee meeting, and the background material will be posted on FDA's Web site after the meeting. Background material is available at *http://www.fda.gov/ohrms/dockets/ac/acmenu.htm* , click on the year 2008 and scroll down to the appropriate advisory committee link. *Procedure* : Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee. Written submissions may be made to the contact person on or before May 23, 2008. Oral presentations from the public will be scheduled between approximately 1 p.m. and 2 p.m. Those desiring to make formal oral presentations should notify the contact person and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation on or before May 15, 2008. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled open public hearing session, FDA may conduct a lottery to determine the speakers for the scheduled open public hearing session. The contact person will notify interested persons regarding their request to speak by May 16, 2008. Persons attending FDA's advisory committee meetings are advised that the agency is not responsible for providing access to electrical outlets. FDA welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Dr. Carlos Peña at least 7 days in advance of the meeting. FDA is committed to the orderly conduct of its advisory committee meetings. Please visit our Web site at *http://www.fda.gov/oc/advisory/default.htm* for procedures on public conduct during advisory committee meetings. Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. app. 2). Dated: May 1, 2008. Randall W. Lutter, Deputy Commissioner for Policy. [FR Doc. E8-10257 Filed 5-7-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Office of the Director, National Institutes of Health; 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 Advisory Committee to the Director, NIH. 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:* Advisory Committee to the Director, NIH. *Date:* June 6, 2008. *Time:* 8:30 a.m. to 5 p.m. *Agenda:* Among the topics proposed for discussion are:

(1)NIH Director's Report;

(2)NIH Director's Council of Public Representatives Liaison Report;

(3)Peer Review;

(4)Report from the Working Group on Participant and Data Protection for Gene-Wide Association Studies; and

(5)Report from NIH Blue Ribbon Panel on the National Emerging Infectious Disease Lab at Boston University Medical Center. *Place:* National Institutes of Health, Building 31, Conference Room 6, 9000 Rockville Pike, Bethesda, MD 20892. *Contact Person:* Penny W. Burgoon, PhD, Senior Assistant to the Deputy Director, Office of the Director, National Institutes of Health, 1 Center Drive, Building 1, Room 114, Bethesda, MD 20892, 301-451-5870, *burgoonp@od.nih.gov* . Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person. In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit. Information is also available on the Institute's/Center's home page: *http://www.nih.gov/about/director/acd.htm,* where an agenda and any additional information for the meeting will be posted when available. (Catalogue of Federal Domestic Assistance Program Nos. 93.14, Intramural Research Training Award; 93.22, Clinical Research Loan Repayment Program for Individuals from Disadvantaged Backgrounds; 93.232, Loan Repayment Program for Research Generally; 93.39, Academic Research Enhancement Award; 93.936, NIH Acquired Immunodeficiency Syndrome Research Loan Repayment Program; 93.187, Undergraduate Scholarship Program for Individuals from Disadvantaged Backgrounds, National Institutes of Health, HHS) Dated: April 29, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-9870 Filed 5-7-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* Center for Scientific Review Special Emphasis Panel Member Conflicts: Visual and Cognitive Neuroscience. *Date:* May 20-21, 2008. *Time:* 6 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Virtual Meeting) *Contact Person:* John Bishop, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5180, MSC 7844, Bethesda, MD 20892,

(301)435-1250, *bishopj@csr.nih.gov* . This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* Center for Scientific Review Special Emphasis Panel Member Conflict: Taste. *Date:* May 27, 2008. *Time:* 2 p.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Virtual Meeting) *Contact Person:* Bernard F. Driscoll, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5184, MSC 7844, Bethesda, MD 20892,

(301)435-1242, *driscolb@csr.nih.gov* . This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* Center for Scientific Review Special Emphasis Panel Member Conflict: Pain. *Date:* May 28-29, 2008. *Time:* 8 a.m to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Virtual Meeting) *Contact Person:* Bernard F. Driscoll, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5184, MSC 7844, Bethesda, MD 20892,

(301)435-1242, *driscolb@csr.nih.gov* . *Name of Committee:* Center for Scientific Review Special Emphasis Panel, Cardiovascular Development and Regeneration. *Date:* June 4-5, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Virtual Meeting) *Contact Person:* Rajiv Kumar, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4122, MSC 7802, Bethesda, MD 20892, 301-435-1212, *kumarra@csr.nih.gov* . *Name of Committee:* Center for Scientific Review Special Emphasis Panel, Neurodevelopment and Synaptic Plasticity. *Date:* June 4-5, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Virtual Meeting) *Contact Person:* Carol Hamelink, PhD, Scientific Review Administrator, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5040H, MSC 7850, Bethesda, MD 20892,

(301)451-1328, *hamelinc@csrnih.gov* . *Name of Committee:* Center for Scientific Review Special Emphasis Panel, LCMI Member Conflicts. *Date:* June 4, 2008. *Time:* 1 p.m. to 4 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Telephone Conference Call) *Contact Person:* Ghenima Dirami, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2159, MSC 7818, Bethesda, MD 20892, 301-594-1321, *diramig@csr.nih.gov* . *Name of Committee:* Center for Scientific Review Special Emphasis Panel, Cell Death in Neurodegeneration. *Date:* June 5-6, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Beacon Hotel and Corporate Quarters, 1615 Rhode Island Avenue, NW., Washington, DC 20036. *Contact Person:* Jerry L. Taylor, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5202, MSC 7846, Bethesda, MD 20892, 301-435-1175, *taylorje@csr.nih.gov* . *Name of Committee:* Digestive Sciences Integrated Review Group, Hepatobiliary Pathophysiology Study Section. *Date:* June 12-13, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Holiday Inn Express Hotel and Suites, Fisherman's Wharf, 550 North Point Street, San Francisco, CA 94133. *Contact Person:* Rass M. Shayiq, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2182, MSC 7818, Bethesda, MD 20892,

(301)435-2359, *shayiqr@csr.nih.gov* . *Name of Committee:* Biobehavioral and Behavioral Processes Integrated Review Group, Biobehavioral Regulation, Learning and Ethology Study Section. *Date:* June 12-13, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Churchill Hotel, 1914 Connecticut Avenue, NW., Washington, DC 20009. *Contact Person:* Biao Tian, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3166, MSC 7848, Bethesda, MD 20892, 301-402-4411, *tianbicsr.nih.gov* . *Name of Committee:* Center for Scientific Review Special Emphasis Panel, National Study of Disability Trends and Dynamics (U01). *Date:* June 13, 2008. *Time:* 8:30 a.m. to 3 p.m. *Agenda:* To review and evaluate grant applications. *Place:* The Allerton Hotel Chicago, 701 North Michigan Avenue, Chicago, IL 60611. *Contact Person:* Jose Fernando Arena, PhD, M.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3135, MSC 7770, Bethesda, MD 20892, 301-435-1735, *arenaj@mail.nih.gov* . *Name of Committee:* Center for Scientific Review Special Emphasis Panel, Collaborative Applications In Child Psychopathology. *Date:* June 13, 2008. *Time:* 11 a.m. to 12 p.m. *Agenda:* To review and evaluate grant applications. *Place:* The Bolger Center Hotel, 9600 Newbridge Drive, Potomac, MD 20854. *Contact Person:* Jane A. Doussard-Roosevelt, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3184, MSC 7848, Bethesda, MD 20892,

(301)435-4445, *doussarj@csr.nih.gov* . *Name of Committee:* Hematology Integrated Review Group, Hemostasis and Thrombosis Study Section. *Date:* June 19, 2008. *Time:* 8 a.m. to 6 p.m. *Agenda:* To review and evaluate grant applications. *Place:* The Latham Hotel, 3000 M Street, NW., Washington, DC 20007. *Contact Person:* Bukhtiar H. Shah, PhD, D.V.M., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive II, Room 4120, MSC 7802, Bethesda, MD 20892,

(301)435-1233, *shahb@csr.nih.gov* . *Name of Committee:* Center for Scientific Review Special Emphasis Panel, Neuropharmacology SBIR. *Date:* June 19, 2008. *Time:* 8:30 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814. *Contact Person:* Aidan Hampson, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5199, MSC 7850, Bethesda, MD 20892,

(301)435-0634, *hampson@csr.nih.gov* . *Name of Committee:* Center for Scientific Review Special Emphasis Panel, Member Conflicts: GMPB. *Date:* June 19, 2008. *Time:* 12 p.m. to 3 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Telephone Conference Call) *Contact Person:* Patricia Greenwel, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2174, MSC 7818, Bethesda, MD 20892, 301-435-1169, *greenwep@csr.nih.gov* . *Name of Committee:* Center for Scientific Review Special Emphasis Panel, Dental and Enamel: Developmental Biology. *Date:* June 20, 2008. *Time:* 11 a.m. to 2 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. *Contact Person:* Tamizchelvi Thyagarajan, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4016K, MSC 7814, Bethesda, MD 20892, 301-451-1327, *tthyagar@csr.nih.gov* . *Name of Committee:* Center for Scientific Review Special Emphasis Panel, Infectious Agent Detection/Diagnosis, Sterilization/Disinfection and Bioremediation. *Date:* June 23, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814. *Contact Person:* Fouad A. El-Zaatari, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3206, MSC 7808, Bethesda, MD 20814-9692,

(301)435-1149, *elzaataf@csr.nih.gov* . *Name of Committee:* Center for Scientific Review Special Emphasis Panel, High End NMR. *Date:* June 25-26, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Virtual Meeting) *Contact Person:* Nitsa Rosenzweig, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 1102, MSC 7760, Bethesda, MD 20892,

(301)435-1747, *rosenzweign@csr.nih.gov.* *Name of Committee:* Center for Scientific Review Special Emphasis Panel, BST-Q Meeting. *Date:* June 25-26, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Virtual Meeting) *Contact Person:* George W. Chacko, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5170, MSC 7849, Bethesda, MD 20892, 301-435-1245, *chackoge@csr.nih.gov.* *Name of Committee:* Center for Scientific Review Special Emphasis Panel, Member Conflict: Oral, Dental and Craniofacial Sciences. *Date:* June 25, 2008. *Time:* 9 a.m. to 12 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Telephone Conference Call) *Contact Person:* J. Terrell Hoffeld, DDS, PhD, USPHS Dental Director, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4116, MSC 7816, Bethesda, MD 20892, 301/435-1781, *th88q@nih.gov.* *Name of Committee:* Center for Scientific Review Special Emphasis Panel, Cancer Biology and Therapy Pilot Studies. *Date:* June 26-27, 2008. *Time:* 8 a.m. to 8 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Virtual Meeting) *Contact Person:* Joanna M. Watson, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6208, MSC 7804, Bethesda, MD 20892, 301-435-1048, *watsonjo@csr.nih.gov.* *Name of Committee:* Center for Scientific Review Special Emphasis Panel, Neurodevelopment, Synaptic Plasticity and Neurodegeneration. *Date:* June 26-27, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814. *Contact Person:* Vilen A. Movsesyan, PhD, Scientific Review Administrator, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4040M, MSC 7806, Bethesda, MD 20892, 301-402-7278, *movsesyanv@csr.nih.gov.* *Name of Committee:* Center for Scientific Review Special Emphasis Panel, SBIR: Risk Prevention and Health Behavior Across the Lifespan. *Date:* June 26-27, 2008. *Time:* 8:30 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Palomar Hotel, 2121 P Street, NW., Washington, DC 20037. *Contact Person:* Claire E. Gutkin, PhD, MPH., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3138, MSC 7759, Bethesda, MD 20892, 301-594-3139, *gutkincl@csr.nih.gov.* *Name of Committee:* Center for Scientific Review Special Emphasis Panel, Health Behavior and Risk Prevention Fellowships. *Date:* June 27, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Renaissance M Street Hotel, 1143 New Hampshire Avenue, NW., Washington, DC 20037. *Contact Person:* Gabriel B. Fosu, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3215, MSC 7808, Bethesda, MD 20892,

(301)435-3562, *fosug@csr.nih.gov.* *Name of Committee:* Center for Scientific Review Special Emphasis Panel, Cardiovascular Sciences Small Business Activities. *Date:* June 30-July 1, 2008. *Time:* 8 a.m. to 6 p.m. *Agenda:* To review and evaluate grant applications. *Place:* InterContinental Mark Hopkins, 999 California Street, San Francisco, CA 94108. *Contact Person:* Lawrence E. Boerboom, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5156, MSC 7814, Bethesda, MD 20892,

(301)435-8367, *boerboom@nih.gov.* *Name of Committee:* Center for Scientific Review Special Emphasis Panel, Vascular Biology. *Date:* June 30, 2008. *Time:* 8:30 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Holiday Inn Fisherman's Wharf, 1300 Columbus Avenue, San Francisco, CA 94133. *Contact Person:* Bukhtiar H. Shah, DVM, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4095J, MSC 7822, Bethesda, MD 20892,

(301)435-1233, *shahb@csr.nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS) Dated: April 29, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-9865 Filed 5-7-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Eye Institute; Notice of 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 a meeting of the National Advisory Eye Council. The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. The 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/or contract proposals 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 and/or contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Advisory Eye Council. *Date:* June 19, 2008. *Closed:* 8:30 a.m. to 12 p.m. *Agenda:* To review and evaluate grant applications and/or proposals. *Place:* Grand Hyatt Washington, 1000 H Street, NW., Washington, DC 20001. *Open:* 1:30 p.m. to Adjournment. *Agenda:* Following opening remarks by the Director, NEI there will be presentations by the staff of the Institute and discussions concerning Institute programs. *Place:* Grand Hyatt Washington, 1000 H Street, NW., Washington, DC 20001. *Contact Person:* Lore Anne McNicol, PhD, Director Division of Extramural Research, National Eye Institute, National Institutes of Health, Bethesda, MD 20892,

(301)451-2020. Information is also available on the Institute's/Center's home page: *http://www.nei.nih.gov,* where an agenda and any additional information for the meeting will be posted when available. (Catalogue of Federal Domestic Assistance Program Nos. 93.867, Vision Research, National Institutes of Health, HHS) Dated: April 29, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-9864 Filed 5-7-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Aging; 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 contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute on Aging Special Emphasis Panel, Primate Tissue Bank. *Date:* May 22, 2008. *Time:* 2 p.m. to 4 p.m. *Agenda:* To review and evaluate contract proposals. *Place:* National Institute on Aging Gateway Building, 7201 Wisconsin Avenue, Suite, 2C-212, Bethesda, MD 20817 (Telephone Conference Call). *Contact Person:* Ramesh Vemuri, PhD, Scientific Review Office, National Institute on Aging, National Institutes of Health, 7201 Wisconsin Avenue, Suite 2C-212, Bethesda, MD 20892, 301-402-7700, *rv23r@nih.gov* . *Name of Committee:* National Institute on Aging Special Emphasis Panel, Primate Aging Database. *Date:* May 29, 2008. *Time:* 1 p.m. to 2 p.m. *Agenda:* To review and evaluate contract proposals. *Place:* National Institute on Aging, Gateway Building, 7201 Wisconsin Avenue, Suite 2C212, Bethesda, MD 20817 (Telephone Conference Call). *Contact Person:* Ramesh Vemuri, PhD, Scientific Review Office, National Institute on Aging, National Institutes of Health, 7201 Wisconsin Avenue, Suite 2C-212, Bethesda, MD 20892, 301-402-7700, *rv23r@nih.go* v. (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS) Dated: April 29, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-9868 Filed 5-7-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2008-0263] Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0011 AGENCY: Coast Guard, DHS. ACTION: Sixty-day notice requesting comments. SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request

(ICR)and Analysis to the Office of Management and Budget

(OMB)requesting an extension of its approval for the following collection of information: 1625-0011, Applications for Private Aids to Navigation and for Class I Private Aids to Navigation on Artificial Islands/Fixed Structures. Before submitting this ICR to OMB, the Coast Guard is inviting comments as described below. DATES: Comments must reach the Coast Guard on or before July 7, 2008. ADDRESSES: To avoid duplicate submissions to the docket [USCG-2008-0263], please use only one of the following means:

(1)Online: *http://www.regulations.gov* .

(2)Mail: Docket Management Facility

(DMF)(M-30), U.S. Department of Transportation (DOT), West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.

(3)Hand deliver between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

(4)Fax: 202-493-2251. The DMF maintains the public docket for this notice. Comments and material received from the public, as well as documents mentioned in this notice as being available in the docket, will become part of this docket and will be available for inspection or copying at room W12-140 on the West Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at *http://www.regulations.gov* . A copy of the complete ICR is available through this docket on the Internet at *http://www.regulations.gov* . Additionally, copies are available from Commandant (CG-611), U.S. Coast Guard Headquarters, (Attn: Mr. Arthur Requina), 2100 2nd Street, SW., Washington, DC 20593-0001. The telephone number is 202-475-3523. FOR FURTHER INFORMATION CONTACT: Mr. Arthur Requina, Office of Information Management, telephone 202-475-3523, or fax 202-475-3929, for questions on these documents. Contact Ms. Renee V. Wright, Program Manager, Docket Operations, 202-366-9826, for questions on the docket. SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments The Coast Guard invites comments on whether this information collection request should be granted based on it being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing:

(1)The practical utility of the collections;

(2)the accuracy of the estimated burden of the collections;

(3)ways to enhance the quality, utility, and clarity of information subject to the collections; and

(4)ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. We encourage you to respond to this request by submitting comments and related materials. We will post all comments received, without change, to *http://www.regulations.gov* . They will include any personal information you provide. We have an agreement with DOT to use their DMF. Please see the paragraph on DOT's “Privacy Act Policy” below. *Submitting comments:* If you submit a comment, please include the docket number [USCG-2008-0263], indicate the specific section of the document to which each comment applies, providing a reason for each comment. We recommend you include your name, mailing address, an e-mail address, or other contact information in the body of your document so that we can contact you if we have questions regarding your submission. You may submit your comments and material by electronic means, mail, fax, or delivery to the DMF at the address under ADDRESSES ; but please submit them by only one means. If you submit them by mail or delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change the documents supporting this collection of information or even the underlying requirements in view of them. *Viewing comments and documents:* Go to *http://www.regulations.gov* to view documents mentioned in this notice as being available in the docket. Enter the docket number for this notice [USCG-2008-0263] in the Search box, and click “Go >>.” You may also visit the DMF in room W12-140 on the West Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. *Privacy Act:* Anyone can search the electronic form of all comments received in dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Privacy Act Statement of DOT in the **Federal Register** published on April 11, 2000 (65 FR 19477), or by visiting *http://DocketsInfo.dot.gov* . Information Collection Request *Title:* Applications for Private Aids to Navigation and for Class I Private Aids to Navigation on Artificial Islands/Fixed Structures. *OMB Control Number:* 1625-0011. *Summary:* Under provisions of 14 U.S.C. 633 and 33 U.S.C. 409, the Secretary of the Department of Homeland Security may prescribe regulations for the marking of sunken vessels. These requirements for notifying the Coast Guard are set forth in 33 CFR 64.11. The information collected for the rule can only be obtained from the owners of sunken vessels. The information collection requirements for private aids to navigation and aids to navigation on artificial islands/fixed structures are contained in 33 CFR 66.01-5 and 67.35-5, respectively. *Need:* The information on these private aid applications (CG Forms 2554 and 4143) provides the Coast Guard with vital information about private aids to navigation and is essential for safe marine navigation. These forms are required under 33 CFR parts 66 and 67. The information is processed to ensure the private aid is in compliance with current regulations. Additionally, these forms provide the Coast Guard with information which is distributed to the public to advise of new or changes to private aids to navigation. *Respondents:* Owners of private aids to navigation. *Frequency:* On occasion. *Burden Estimate:* The estimated burden remains 3,000 hours a year. Dated: April 28, 2006. D.T. Glenn, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Command, Control, Communications, Computers and Information Technology. [FR Doc. E8-10265 Filed 5-7-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2008-0244] Information Collection Request to Office of Management and Budget; OMB Control Numbers: 1625-0081, and 1625-0083 AGENCY: Coast Guard, DHS. ACTION: Sixty-day notice requesting comments. SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit Information Collection Requests

(ICRs)and Analyses to the Office of Management and Budget

(OMB)requesting an extension of their approval for the following collections of information:

(1)1625-0081, Alternate Compliance Program and;

(2)1625-0083, Operational Measures for Existing Tank Vessels without Double Hulls. Before submitting these ICRs to OMB, the Coast Guard is inviting comments as described below. DATES: Comments must reach the Coast Guard on or before July 7, 2008. ADDRESSES: To avoid duplicate submissions to the docket [2008-0244], please use only one of the following means:

(1)Online: *http://www.regulations.gov.*

(2)Mail: Docket Management Facility

(DMF)(M-30), U.S. Department of Transportation (DOT), West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.

(3)Hand deliver between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

(4)Fax: 202-493-2251. The DMF maintains the public docket for this notice. Comments and material received from the public, as well as documents mentioned in this notice as being available in the docket, will become part of this docket and will be available for inspection or copying at room W12-140 on the West Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at *http://www.regulations.gov.* Copies of the completed ICRs are available through this docket on the Internet at *http://www.regulations.gov.* Additionally, copies are available from Commandant (CG-611), U.S. Coast Guard Headquarters, (Attn: Mr. Arthur Requina), 2100 2nd Street, SW., Washington, DC 20593-0001. The telephone number is 202-475-3523. FOR FURTHER INFORMATION CONTACT: Mr. Arthur Requina, Office of Information Management, telephone 202-475-3523, or fax 202-475-3929, for questions on these documents. Contact Ms. Renee V. Wright, Program Manager, Docket Operations, 202-366-9826, for questions on the docket. SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments The Coast Guard invites comments on whether this information collection request should be granted based on it being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing:

(1)The practical utility of the collections;

(2)the accuracy of the estimated burden of the collections;

(3)ways to enhance the quality, utility, and clarity of information subject to the collections; and

(ACP)before issuance of a Certificate of Inspection. *Need:* U.S.C. 46 3306 and 3316 authorize the Coast Guard to establish vessel inspection regulations and inspection alternatives. 46 CFR part 8 prescribes the Coast Guard regulations for recognizing classification societies and enrollment of U.S.-flag vessels in ACP. *Forms:* CG-3752. *Respondents:* Recognized classification societies. *Frequency:* On occasion. *Burden Estimate:* The estimated burden has increased from 164 hours to 212 hours a year. 2. *Title:* Operational Measures for Existing Tank Vessels without Double Hulls. *OMB Control Number:* 1625-0083. *Summary:* The information is needed to ensure compliance with U.S. regulations regarding operational measures for certain tank vessels while operating in the U.S. waters. *Need:* 46 U.S.C. 3703 and 3703a authorize the Coast Guard to establish regulations for tank vessels to promote the safety of life for increased protection against hazards to life and property, for navigation and vessel safety, and for enhanced protection of the marine environment. 33 CFR part 157 and subparts G, H and I contain Coast Guard regulations regarding operational measures for certain tank vessels without double hulls. *Forms:* None. *Respondents:* Owners, operators and masters of certain tank vessels. *Frequency:* On occasion. *Burden Estimate:* The estimated burden has decreased from 6,807 hours to 3,474 hours a year. Dated: April 28, 2008. D.T. Glenn, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Command, Control, Communications, Computers and Information Technology. [FR Doc. E8-10267 Filed 5-7-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2008-0251] Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0010 AGENCY: Coast Guard, DHS. ACTION: Sixty-day notice requesting comments. SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request

(ICR)and Analysis to the Office of Management and Budget

(OMB)requesting an extension of its approval for the following collection of information: 1625-0010, Defect/Noncompliance Report and Campaign Update Report. Before submitting this ICR to OMB, the Coast Guard is inviting comments as described below. DATES: Comments must reach the Coast Guard on or before July 7, 2008. ADDRESSES: To avoid duplicate submissions to the docket [USCG-2008-0251], please use only one of the following means:

(1)Online: *http://www.regulations.gov.*

(2)Mail: Docket Management Facility

(DMF)(M-30), U.S. Department of Transportation (DOT), West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.

(3)Hand deliver between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

(4)Fax: 202-493-2251. The DMF maintains the public docket for this notice. Comments and material received from the public, as well as documents mentioned in this notice as being available in the docket, will become part of this docket and will be available for inspection or copying at room W12-140 on the West Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at *http://www.regulations.gov.* A copy of the complete ICR is available through this docket on the Internet at *http://www.regulations.gov.* Additionally, copies are available from Commandant (CG-611), U.S. Coast Guard Headquarters, (Attn: Mr. Arthur Requina), 2100 2nd Street, SW., Washington, DC 20593-0001. The telephone number is 202-475-3523. FOR FURTHER INFORMATION CONTACT: Mr. Arthur Requina, Office of Information Management, telephone 202-475-3523, or fax 202-475-3929, for questions on these documents. Contact Ms. Renee V. Wright, Program Manager, Docket Operations, 202-366-9826, for questions on the docket. Public Participation and Request for Comments The Coast Guard invites comments on whether this information collection request should be granted based on it being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing:

(1)The practical utility of the collections;

(2)the accuracy of the estimated burden of the collections;

(3)ways to enhance the quality, utility, and clarity of information subject to the collections; and

(4)ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. We encourage you to respond to this request by submitting comments and related materials. We will post all comments received, without change, to *http://www.regulations.gov.* They will include any personal information you provide. We have an agreement with DOT to use their DMF. Please see the paragraph on DOT's “Privacy Act Policy” below. *Submitting comments:* If you submit a comment, please include the docket number [USCG-2008-0251], indicate the specific section of the document to which each comment applies, providing a reason for each comment. We recommend you include your name, mailing address, an e-mail address, or other contact information in the body of your document so that we can contact you if we have questions regarding your submission. You may submit your comments and material by electronic means, mail, fax, or delivery to the DMF at the address under ADDRESSES ; but please submit them by only one means. If you submit them by mail or delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change the documents supporting this collection of information or even the underlying requirements in view of them. *Viewing comments and documents:* Go to *http://www.regulations.gov* to view documents mentioned in this notice as being available in the docket. Enter the docket number for this notice [USCG-2008-0251] in the Search box, and click “Go >>.” You may also visit the DMF in room W12-140 on the West Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. *Privacy Act:* Anyone can search the electronic form of all comments received in dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Privacy Act Statement of DOT in the **Federal Register** published on April 11, 2000 (65 FR 19477), or by visiting *http://DocketsInfo.dot.gov.* Information Collection Request *Title:* Defect/Noncompliance Report and Campaign Update Report. *OMB Control Number:* 1625-0010. *Summary:* Manufacturers whose products contain defects that create a substantial risk of personal injury to the public or fail to comply with an applicable Coast Guard safety standard are required to conduct defect notification and recall campaigns in accordance with 46 U.S.C. 4310. Regulations in 33 CFR 179 require manufacturers to submit certain reports to the Coast Guard concerning progress made in notifying owners and making repairs. *Need:* Under 46 U.S.C. 4310(d) and (e); and 33 CFR 179.13 and 179.15, the manufacturer shall provide the Commandant of the Coast Guard with an initial report consisting of certain information about the defect notification and recall campaign being conducted and follow up reports describing progress. Upon receipt of information from a manufacturer indicating the initiation of a recall, the Recreational Boating Product Assurance Branch assigns a recall campaign number, and sends the manufacturer CG Forms CG-4917 and CG-4918 for supplying the information. *Respondents:* Manufacturers of boats and certain items of “designated” associated equipment (inboard engines, outboard motors, or sterndrive engines). *Frequency:* Quarterly. *Burden Estimate:* The estimated burden has decreased from 315 to 291 hours annually. Dated: April 28, 2008. D.T. Glenn, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Command, Control, Communications, Computers and Information Technology. [FR Doc. E8-10268 Filed 5-7-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2008-0307] Lower Mississippi River Waterway Safety Advisory Committee AGENCY: Coast Guard, DHS. ACTION: Notice of meeting. SUMMARY: The Lower Mississippi River Waterway Safety Advisory Committee will meet in New Orleans to discuss various issues relating to navigational safety on the Lower Mississippi River and related waterways. This meeting will be open to the public. DATES: The Committee will meet on Thursday, June 26, 2008 from 9 a.m. to 12 p.m. This meeting may close early if all business is finished. Written material and requests to make oral presentations should reach the Coast Guard on or before June 12, 2008. Requests to have a copy of your material distributed to each member of the committee should reach the Coast Guard on or before June 12, 2008. ADDRESSES: The Committee will meet at the New Orleans Yacht Club, 403 North Roadway, West End, New Orleans, LA 70124. Send written material and requests to make oral presentations to Sector Commander, Designated Federal Officer

(DFO)of Lower Mississippi River Waterway Safety Advisory Committee, USCG Sector New Orleans, ATTN: Waterways Management, 1615 Poydras St., New Orleans, LA 70112. FOR FURTHER INFORMATION CONTACT: LT Tonya Lim, Assistant to DFO of Lower Mississippi River Waterway Safety Advisory Committee, telephone 504-565-5108. SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463). Agenda of Meeting The agenda for the June 26, 2008 Committee meeting is as follows:

(1)Introduction of committee members.

(2)Opening Remarks.

(3)Approval of the March 20, 2008 minutes.

(4)Old Business.

(a)Captain of the Port status report.

(b)VTS update report.

(c)Subcommittee/Working Groups update reports.

(5)New Business

(6)Adjournment Procedural This meeting is open to the public. Please note that the meeting may close early if all business is finished. At the Chair's discretion, members of the public may make oral presentations during the meeting. If you would like to make an oral presentation at a meeting, please notify the DFO no later than June 12, 2008. Written material for distribution at a meeting should reach the Coast Guard no later than June 12, 2008. If you would like a copy of your material distributed to each member of the committee in advance of a meeting, please submit 25 copies to the DFO no later than June 12, 2008. Information on Services for Individuals With Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact the DFO as soon as possible. Dated: April 17, 2008. J.H. Korn, Captain, U.S. Coast Guard Commander, 8th Coast Guard District, Acting. [FR Doc. E8-10260 Filed 5-7-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-3283-EM] Illinois; Amendment No. 1 to Notice of an Emergency Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of an emergency declaration for the State of Illinois (FEMA-3283-EM), dated March 13, 2008, and related determinations. EFFECTIVE DATE: April 30, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-2705. SUPPLEMENTARY INFORMATION: The notice of an emergency declaration for the State of Illinois is hereby amended to include the following area among those affected by the event for which the President declared a state of emergency on March 13, 2008. Ogle County for emergency protective measures (Category B), including snow removal, under the Public Assistance program for any continuous 48-hour period during or proximate to the incident period. (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-10332 Filed 5-7-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1751-DR] Arkansas; Amendment No. 7 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster for the State of Arkansas (FEMA-1751-DR), dated March 26, 2008, and related determinations. EFFECTIVE DATE: April 28, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-2705. SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident period for this disaster is closed effective April 28, 2008. (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-10331 Filed 5-7-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1751-DR] Arkansas; Amendment No. 6 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Arkansas (FEMA-1751-DR), dated March 26, 2008, and related determinations. DATES: *Effective Date:* May 1, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-2705. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Arkansas is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of March 26, 2008. Desha and Poinsett Counties for Individual Assistance. Arkansas and Van Buren Counties for Individual Assistance (already designated for Public Assistance.) Hempstead County for Individual Assistance and Public Assistance. Benton County for Public Assistance (already designated for Individual Assistance and emergency protective measures [Category B], limited to direct Federal assistance, under the Public Assistance program.) Miller and Sebastian Counties for Public Assistance (already designated for Individual Assistance.) Nevada County for Public Assistance (already designated for emergency protective measures [Category B], limited to direct Federal assistance, under the Public Assistance program.) (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-10342 Filed 5-7-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Form G-884, Extension of an Existing Information Collection; Comment Request ACTION: 30-Day Notice of Information Collection Under Review: Form G-884, Request for the Return of Original Document(s); OMB Control No. 1615-0100. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request to the Office of Management and Budget

(OMB)for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the **Federal Register** on March 4, 2008, at 73 FR 11654, allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until June 9, 2008. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget

(OMB)USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Management Division, Clearance Office, 111 Massachusetts Avenue, Suite 3008, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at *rfs.regs@dhs.gov* , and to the OMB USCIS Desk Officer via facsimile at 202-395-6974 or via e-mail at *kastrich@omb.eop.gov* . When submitting comments by e-mail please make sure to add OMB Control Number 1615-0100. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:

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

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

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

(4)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. *Overview of this information collection:*

(1)*Type of Information Collection:* Extension of an existing information collection.

(2)*Title of the Form/Collection:* Request for the Return of Original Document(s).

(3)*Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:* Form G-884. U.S. Citizenship and Immigration Services.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract: Primary:* Individuals or households. The information provided will be used by the USCIS to determine whether a person is eligible to obtain original document(s) contained in an alien file.

(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* 7,500 responses at 30 minutes (0.50) per response.

(6)*An estimate of the total public burden (in hours) associated with the collection:* 3,750 annual burden hours. If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions, or additional information, please visit the USCIS Web site at: *http://www.regulations.gov/search/index.jsp* . If additional information is required contact: USCIS, Regulatory Management Division, 111 Massachusetts Avenue, Suite 3008, Washington, DC 20529,

(OMB)for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the **Federal Register** on March 3, 2008, at 73 FR 11429, allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until June 9, 2008. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget

(OMB)USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Management Division, Clearance Office, 111 Massachusetts Avenue, Suite 3008, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at *rfs.regs@dhs.gov* , and to the OMB USCIS Desk Officer via facsimile at 202-395-6974 or via e-mail at *kastrich@omb.eop.gov* . When submitting comments by e-mail please make sure to add OMB Control Number 1615-0019 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more 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, including whether the information will have practical utility;

(2)Evaluate the accuracy of the agencies 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

(1)*Type of Information Collection:* Extension of a currently approved information collection.

(2)*Title of the Form/Collection:* Application for Removal.

(3)*Agency form number, if any, and the applicable Department of Homeland Security component sponsoring the collection:* Form I-243. U.S. Citizenship and Immigration Services.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract: Primary:* Individuals and households. The information provided on this form allows the USCIS to determine eligibility for an applicant's request for removal from the United States.

(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* 41 responses at 30 minutes (.50 hours) per response.

(6)*An estimate of the total public burden (in hours) associated with the collection:* 20 annual burden hours. If you have additional comments, suggestions, or need a copy of the information collection instrument, please visit the USCIS Web site at: *http://www.regulations.gov/search/index.jsp* . We may also be contacted at: USCIS, Regulatory Management Division, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529, Telephone number 202-272-8377. Dated: May 5, 2008. Stephen Tarragon, Acting Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. E8-10314 Filed 5-7-08; 8:45 am] BILLING CODE 9111-97-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Form N-4, Extension of a Currently Approved Information Collection; Comment Request ACTION: 30-Day Notice of Information Collection Under Review: Form N-4, Monthly Report Naturalization Papers; OMB Control Number 1615-0051. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request to the Office of Management and Budget

(OMB)for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the **Federal Register** on March 3, 2008, at 73 FR 11430, allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until June 9, 2008. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget

(OMB)USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Management Division, Clearance Office, 111 Massachusetts Avenue, Suite 3008, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at *rfs.regs@dhs.gov* , and to the OMB USCIS Desk Officer via facsimile at 202-395-6974 or via e-mail at *kastrich@omb.eop.gov* . When submitting comments by e-mail please make sure to add OMB Control Number 1615-0051 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:

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

(2)Evaluate the accuracy of the agencies estimate of the burden of the 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 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. *Overview of this information collection:*

(1)*Type of Information Collection:* Extension of an existing information collection.

(2)*Title of the Form/Collection:* Monthly Report Naturalization Papers.

(3)*Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:* Form N-4; U.S. Citizenship and Immigration Services.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract: Primary:* State or local Governments. Section 339 of the Immigration and Nationality Act

(Act)requires that the clerk of each court that administers the oath of allegiance notify U.S. Citizenship and Immigration Services (USCIS) of all persons to whom the oath of allegiance for naturalization is administered, within 30 days after the close of the month in which the oath was administered. This form provides a format for submitting a list of those persons to USCIS and provides accountability for the delivery of the certificates of naturalization as required under that section of law.

(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* 160 respondents at 12 responses annually at 30 minutes (.50) per response.

(6)*An estimate of the total public burden (in hours) associated with the collection:* 960 annual burden hours. If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions, or additional information, please visit the USCIS Web site at: *http://www.regulations.gov/search/index.jsp* If additional information is required contact: USCIS, Regulatory Management Division, 111 Massachusetts Avenue, Suite 3008, Washington, DC 20529,

(202)272-8377. Dated: May 5, 2008. Stephen Tarragon, Acting Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. E8-10315 Filed 5-7-08; 8:45 am] BILLING CODE 9111-97-P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection Notice of Cancellation of Customs Broker License AGENCY: Bureau of Customs and Border Protection, U.S. Department of Homeland Security. ACTION: General Notice. SUMMARY: Pursuant to section 641 of the Tariff Act of 1930, as amended, (19 U.S.C. 1641) and the Customs Regulations (19 CFR 111.51), the following Customs broker licenses and all associated permits are cancelled without prejudice. Name License # Issuing port International Cargo Systems, Inc 15594 Boston. Florida National Brokers, Inc 09082 Miami. Dated: April 29, 2008. Daniel Baldwin, Assistant Commissioner, Office of International Trade. [FR Doc. E8-10319 Filed 5-7-08; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection Notice of Cancellation of Customs Broker License Due to Death of the License Holder AGENCY: Bureau of Customs and Border Protection, U.S. Department of Homeland Security. ACTION: General Notice. SUMMARY: Notice is hereby given that, pursuant to Title 19 of the Code of Federal Regulations at section 111.51(a), the following individual Customs broker license and any and all permits have been cancelled due to the death of the broker: Name License # Port name Harris M. Steward 09974 Mobile. Dated: April 29, 2008. Daniel Baldwin, Assistant Commissioner, Office of International Trade. [FR Doc. E8-10318 Filed 5-7-08; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection Notice of Issuance of Final Determination Concerning Electric Mini-Trucks AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Notice of final determination. SUMMARY: This document provides notice that the Bureau of Customs and Border Protection

(CBP)has issued a final determination concerning the country of origin of certain electric mini-trucks to be offered to the United States Government under an undesignated government procurement contract. Based on the facts presented, the final determination found that the United States is the country of origin of the electric mini-trucks for purposes of U.S. Government procurement. DATES: The final determination was issued on May 2, 2008. A copy of the final determination is attached. Any party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial review of this final determination within June 9, 2008. FOR FURTHER INFORMATION CONTACT: Monika Brenner, Valuation and Special Programs Branch, Regulations and Rulings, Office of International Trade (202-572-8740). SUPPLEMENTARY INFORMATION: Notice is hereby given that on May 2, 2008, pursuant to subpart B of part 177, Customs Regulations (19 CFR part 177, subpart B), CBP issued a final determination concerning the country of origin of certain electric mini-trucks to be offered to the United States Government under an undesignated government procurement contract. The CBP ruling number is H022169. This final determination was issued at the request of Global Electric Motorcars under procedures set forth at 19 CFR part 177, subpart B, which implements Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511-18). The final determination concluded that, based upon the facts presented, assembly in the United States of an imported mini-truck glider with a substantial number of components of U.S. and foreign origin substantially transforms the imported mini-truck glider into a product of the United States. Therefore, the country of origin of the resulting electric mini-truck is the United States for purposes of U.S. Government procurement. Section 177.29, Customs Regulations (19 CFR 177.29), provides that notice of final determinations shall be published in the **Federal Register** within 60 days of the date the final determination is issued. Section 177.30, CBP Regulations (19 CFR 177.30), states that any party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial review of a final determination within 30 days of publication of such determination in the **Federal Register** . Dated: May 2, 2008. Sandra L. Bell, Executive Director, Office of Regulations and Rulings, Office of International Trade. H022169 May 2, 2008 OT:RR:CTF:VS H022169 GG CATEGORY: Marking Mr. Lawrence M. Friedman & Ms. Nicole A. Kehoskie Barnes, Richardson & Colburn 1420 New York Avenue, NW., 7th Floor Washington, DC 20005 RE: U.S. Government Procurement; Final Determination; country of origin of electric mini-trucks; substantial transformation; 19 CFR part 177 Dear Mr. Friedman & Ms. Kehoskie: This is in response to your letter dated December 20, 2007, requesting a final determination on behalf of Global Electric Motorcars (“GEM”) pursuant to subpart B of part 177, Customs and Border Protection (“CBP”) Regulations (19 C.F.R. § 177.21 *et seq.* ). Under these regulations, which implement Title III of the Trade Agreements Act of 1979, as amended (codified at 19 U.S.C. § 2511 *et seq.* ), CBP issues country of origin advisory rulings and final determinations on whether an article is or would be a product of a designated country or instrumentality for the purpose of granting waivers of certain “Buy American” restrictions in U.S. law or practice for products offered for sale to the U.S. Government. This final determination concerns the country of origin of electric mini-trucks. We note that GEM is a party-at-interest within the meaning of 19 CFR § 177.22(d)(1) and is entitled to request this final determination. FACTS: GEMS imports a mini-truck glider from India. The glider consists of a frame, finished cab, axles, and wheels in one unit. The glider—so called because it can be rolled much like a dolly or scooter—does not include the normal critical components of an internal-combustion vehicle such as an engine, transmission, drive shaft, exhaust system, fuel system, or rear axle differential. It also does not have the critical components of an electric vehicle including the motor, battery pack, differential, or electronics necessary to control the electric vehicle. The brake assembly included with the glider will be removed and replaced with another after importation. The truck bed will be imported separate from the glider and installed after importation and upfitting as an electric vehicle. The glider is claimed to be non-functional and not intended for sale to retail motor vehicle purchasers in its imported state. Once in the United States, GEM manufactures an electric mini-truck from the glider and various other assemblies. GEM will fit the complete mini-truck with an electric motor to create an energy efficient, zero emissions mini-truck for sale to certain U.S. government agencies. As noted above, the glider is imported from India. According to GEM's December 20, 2007 request, the glider is assembled with approximately 87 different component parts, 68 of which are of U.S. origin. In response to a request from this office of a more detailed breakdown of the components, GEM submitted a costed bill of materials with country of origin for elective drive conversion components. This indicates that U.S. components amount to approximately 51% of the total component cost. The U.S. assembly process will require eight work stations, details of which are as follows: Station 0—The glider is unloaded, the wheels and tires are removed and the glider is put on the conveyor for assembly. Station 1—The rear axle and brake assembly shipped with the glider are removed and replaced with one that is compatible with the electric function of the truck. The replacement gear box and axles are of U.S. origin, while the replacement brakes are of Indian origin. The motor of Canadian origin is attached onto the rear axle/gear box/differential assembly of U.S. origin; the controller and charger of Canadian origin are also attached to the glider. Station 2—The wiring harnesses of U.S. origin are integrated. Station 3—The battery tray, batteries and cable of U.S. origin are assembled and incorporated. Station 4—The electronic driver information display of U.S. origin is incorporated. Station 5—The optional electric cab heater is installed. Station 6—The wheels and tires are reinstalled. Station 7—The fully assembled electric mini-truck is test run. Station 8—The electric mini-truck is unloaded and inspected for precision of assembly and operation. Quality control will occur at each of the eight work stations and at two more off-line stations. ISSUE: What is the country of origin of the electric mini-truck for purposes of U.S. Government procurement? LAW AND ANALYSIS: Pursuant to Subpart B of Part 177, 19 C.F.R. § 177.21 *et seq.* , which implements Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. § 2511 *et seq.* ), CBP issues country of origin advisory rulings and final determinations on whether an article is or would be a product of a designated country or instrumentality for the purposes of granting waivers of certain “Buy American” restrictions in U.S. law or practice for products offered for sale to the U.S. Government. Under the rule of origin set forth under 19 U.S.C. § 2518(4)(B): An article is a product of a country or instrumentality only if

(i)it is wholly the growth, product, or manufacture of that country or instrumentality, or

(ii)in the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed. *See also,* 19 C.F.R. § 177.22(a). In rendering advisory rulings and final determinations for purposes of U.S. Government procurement, CBP applies the provisions of subpart B of Part 177 consistent with the Federal Procurement Regulations. *See* 19 CFR § 177.21. In this regard, CBP recognizes that the Federal Procurement Regulations restrict the U.S. Government's purchase of products to U.S.-made or designated country end products for acquisitions subject to the TAA. *See* 48 CFR § 25.403(c)(1). The Federal Procurement Regulations define “U.S.-made end product” as: ...an article that is mined, produced, or manufactured in the United States or that is substantially transformed in the United States into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. 48 CFR § 25.003. Therefore, the question presented in this final determination is whether, as a result of the operations performed in the United States, the glider is substantially transformed into a product of the United States. In determining whether the combining of parts or materials constitutes a substantial transformation, the determinative issue is the extent of operations performed and whether the parts lose their identity and become an integral part of the new article. *Belcrest Linens* v. *United States,* 6 Ct. Int'l Trade 204, 573 F. Supp. 1149 (1983), *aff'd,* 741 F.2d 1368 (Fed. Cir. 1984). If the manufacturing or combining process is a minor one which leaves the identity of the imported article intact, a substantial transformation has not occurred. *Uniroyal Inc.* v. *United States,* 3 Ct. Int'l Trade 220, 542 F. Supp. 1026 (1982). Assembly operations that are minimal or simple, as opposed to complex or meaningful, will generally not result in a substantial transformation. See C.S.D. 80-111, C.S.D. 85-25, and C.S.D. 90-97. In order to determine whether a substantial transformation occurs when components of various origins are assembled to form completed articles, CBP considers the totality of the circumstances and makes such decisions on a case-by-case basis. The country of origin of the article's components, the extent of the processing that occurs within a given country, and whether such processing renders a product with a new name, character, or use are primary considerations in such cases. Additionally, facts such as resources expended on product design and development, extent and nature of post-assembly inspection procedures, and worker skill required during the actual manufacturing process will be considered when analyzing whether a substantial transformation has occurred; however, no one such factor is determinative. You assert that the electric motor (Canada), batteries (United States), charger (Canada), gear box (United States) and brakes (India) of the electric mini-truck form the heart of the mini-truck, and are all installed in the United States, changing the identity of the imported glider from a body into a self-propelled truck. These components allegedly provide the power source to the truck and enable it to carry out its intended use. Accordingly, it is argued, the U.S. components added and the assembly and testing performed in the U.S. are substantial. GEM cites to several Headquarters rulings (“HQ”) to support its analysis. Specifically, it refers to HQ 558919, dated March 20, 1995; HQ 559887, dated October 3, 1996; and HQ 562502, dated November 8, 2002. We find HQ 558919 to be most analogous to the situation before us. There, CBP held that an extruder subassembly manufactured in England was substantially transformed in the United States when it was wired and combined with U.S. components (motor, electrical controls and extruder screw) to create a vertical extruder. In reaching that decision, CBP emphasized that the imported extruder subassembly and the U.S. components each had important attributes that were functionally necessary to the operation of the vertical extruder. Although HQ 558919 may be distinguished because the components that were assembled with the imported extruder subassembly were exclusively of U.S. origin, the two cases are similar to the extent that the imported articles (extruder subassembly and glider) and certain of the other components with which the imported articles are combined are “functionally necessary” to the operation of the finished product. In GEM's situation, the glider could not be used as an electric mini-truck on its own, but requires assembly with other, crucial components. We also take note of HQ 731076, dated November 1, 1988, which addressed country of origin marking requirements for an automobile assembled in Taiwan with components from Japan, the United States, and Taiwan. The U.S. components consisted of an oxygen sensor, a catalytic converter and two roll over valves. The Taiwanese components included trim pad assemblies, head linings, front and rear seats, glass, instrument panels, arm rests, support rod, leaf springs, heat protectors, carpet, brake pipes, fuel pipes, cable harnesses, battery cables, axle assemblies, tension rods, battery and tires. Associated materials such as glue, paint and coating were also procured in Taiwan. All other components were of Japanese origin. CBP held that the automobile components lost their separate identities and consequently were substantially transformed when they were assembled into vehicles in Taiwan. As a result, the country of origin of the imported automobiles for marking purposes was Taiwan, which precluded the various components from having to be separately marked with their original countries of origin. Customs indicated that it considered the manufacture of an automobile much more than a mere assembly operation and also considered it persuasive that the Taiwanese input to the final product contributed 38% of its value and took 33 hours to accomplish. Based upon the totality of the circumstances and consistent with the CPB rulings cited above, we find that the imported mini-truck glider is substantially transformed as a result of the assembly operations performed in the United States to produce an electric mini-truck. Under the described assembly process, the imported glider loses its individual identity and becomes an integral part of a new article possessing a new name, character and use. Further, we note a substantial number of the components added to the imported glider are of U.S. origin. Therefore, based upon the specific facts, the country of origin of the electric mini-truck for purposes of U.S. Government procurement is the United States. HOLDING: The imported mini-truck gliders are substantially transformed when they are assembled in the United States with other imported and domestic components. As a result, the country of origin of the electric mini-trucks for purposes of U.S. Government procurement is the United States. Notice of this final determination will be given in the Federal Register as required by 19 C.F.R. § 177.29. Any party-at-interest other than the party which requested this final determination may request, pursuant to 19 C.F.R. § 177.31, that CBP reexamine the matter anew and issue a new final determination. Any party-at-interest may, within 30 days after publication of the **Federal Register** notice referenced above, seek judicial review of this final determination before the Court of International Trade. Sincerely, Sandra L. Bell, Executive Director Office of International Trade [FR Doc. E8-10119 Filed 5-7-08; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5188-N-05] Notice of Proposed Information Collection: Optional Relocation Payment Claim Forms; Comment Request AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comments Due Date:* July 7, 2008. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Pamela Williams, Reports Liaison Officer, Department of Housing and Urban Development, 451 7th Street, SW., Room 7234, Washington, DC 20410. FOR FURTHER INFORMATION CONTACT: Janice Olu, Relocation Specialist, Relocation and Real Estate Division, DGHR, Department of Housing and Urban Development, 451 7th Street, SW., Room 7168, Washington, DC 20410; e-mail *Janice.P.Olu@hud.gov* ,

(202)708-2684. This is not a toll-free number. Copies of the proposed forms and other available documents submitted to OMB may be obtained from HUD's Web site at *http://www.hud.gov/offices/cpd/library/relocation/forms.cfm* or from Ms. Olu. SUPPLEMENTARY INFORMATION: The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to:

(1)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;

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

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

(4)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This Notice also lists the following information: *Title of Proposal:* Optional Relocation Payment Claim Forms. *OMB Control Number, if applicable:* 2506-0016. *Description of the need for the information and proposed use:* Application for displacement/relocation assistance for persons (families, individuals, businesses, nonprofit organizations and farms) displaced by, or temporarily relocated for, certain HUD programs. No changes are being made for Forms HUD-40054, HUD-40055, HUD-40056, HUD-40057, HUD-40058, HUD-40061, and HUD-40072. A new form HUD-40030, “Claim for Temporary Relocation Expenses (Residential Moves)” has been added based on requests from HUD program participants for such a form to help them calculate payments. Revised government-wide URA regulations were published by the Department of Transportation on January 4, 2005 (effective February 3, 2005). Under the regulations, agencies are required to reimburse residential occupants of a dwelling who will not be permanently displaced for all reasonable out-of-pocket expenses incurred in connection with temporary relocation. These expenses may include moving expenses and increased housing costs during the temporary relocation (49 CFR 24.2(9)(ii)(D), Appendix A). *Agency form numbers, if applicable:* HUD-40030, HUD-40054, HUD-40055, HUD-40056, HUD-40057, HUD-40058, HUD-40061, and HUD-40072. *Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response.* *Status of the proposed information collection:* Revision. *Number of Respondents:* 37,800. *Frequency of Response:* 3. *Hours per Response:* .8. *Total Estimated Burden Hours:* 91,000. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended. Dated: April 25, 2008. Nelson R. Bregón, General Deputy Assistant Secretary for Community Planning and Development. [FR Doc. E8-10181 Filed 5-7-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5187-N-29] Section 5(h) Homeownership Program for Public Housing: Submission of Plan and Reporting AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Public Housing Agencies

(PHAs)maintain sales and financial records of their plan. Residents may apply to PHAs to purchase units. DATES: *Comments Due Date: June 9, 2008.* ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2577-0201) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail Lillian Deitzer at *Lillian_L_Deitzer@HUD.gov* or telephone

(202)402-8048. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Deitzer. SUPPLEMENTARY INFORMATION: This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the Information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to:

(1)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;

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

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

(PHAs)maintain sales and financial records of their plan. Residents may apply to PHAs to purchase units. *Frequency Of Submission:* Annually. Number of respondents Annual responses × Hours per response = Burden hours Reporting Burden 73 10 0.3 219 *Total Estimated Burden Hours:* 219. *Status:* Extension of a currently approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: May 2, 2008. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E8-10333 Filed 5-7-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5187-N-28] Loan Guarantee Recovery Fund Established Pursuant to the Church Arson Prevention Act of 1996 AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Section 4 of the Church Arson Prevention Act of 1996 authorizes the Secretary to guarantee loans made to certain nonprofit organizations whose properties have been damaged by an act or acts of arson or terrorism. DATES: *Comments Due Date: June 9, 2008.* ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2506-0159) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail Lillian Deitzer at *Lillian_L_Deitzer@HUD.go* v or telephone

(1)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;

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

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

(4)Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This notice also lists the following information: *Title of Proposal:* Loan Guarantee Recovery Fund established pursuant to the Church Arson Prevention Act of 1996. *OMB Approval Number:* 2506-0159. *Form Numbers:* HUD-40076-LGA, SF-424. *Description of the Need for the Information and its Proposed Use:* Section 4 of the Church Arson Prevention Act of 1996 authorizes the Secretary to guarantee loans made to certain nonprofit organizations whose properties have been damaged by an act or acts of arson or terrorism. *Frequency of Submission:* On occasion, Monthly. Number of respondents Annual responses × Hours per response = Burden hours Reporting Burden 71 5.95 3.76 1,592 *Total Estimated Burden Hours:* 1,592. *Status:* Extension of a currently approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: May 2, 2008. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E8-10334 Filed 5-7-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Office of Federal Housing Enterprise Oversight Privacy Act of 1974, as Amended; New System of Records AGENCY: Office of Federal Housing Enterprise Oversight, HUD. ACTION: Notice of New System of Records. SUMMARY: In accordance with the Privacy Act of 1974, as amended, 5 U.S.C. 552a (Privacy Act), the Office of Federal Housing Enterprise Oversight (OFHEO) is issuing public notice of its intent to establish a new Privacy Act system of records. The new system is titled Litigation and Enforcement Information System (LEIS). The proposed system of records is necessary, as it will contain OFHEO generated records in connection with civil and administrative proceedings, including enforcement actions brought by or against OFHEO, and other proceedings in which OFHEO participates or has an interest in, and are relative to enforcement of the Safety and Soundness of Freddie Mac and Fannie Mae. OFHEO will use the LEIS to assess and maintain administrative enforcement actions under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (Safety and Soundness Act) (12 U.S.C. 4501 *et seq.* ) to defend itself and its interests in administrative or civil litigation relating to the Safety and Soundness Act and to make necessary referrals to other government agencies in the enforcement of Federal laws. DATES: Written comments must be received by or before June 9, 2008. If no public comments are received, the proposed new system of records will become effective on June 17, 2008. ADDRESSES: You may submit comments, identified by “LEIS,” by any of the following methods: • *Federal e-Rulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Agency Web Site: http://www.ofheo.gov.* Follow the instructions for submitting comments on the OFHEO Web site. • *E-mail: RegComments@OFHEO.gov.* Please include “LEIS” in the subject line of the message. • *Mail:* The mailing address for comments is: Alfred M. Pollard, General Counsel, Attention: Comments “LEIS,” Office of Federal Housing Enterprise Oversight, Fourth Floor, 1700 G Street, NW., Washington, DC 20552. • *Hand Delivery/Courier:* The address for hand delivery/courier is: Alfred M. Pollard, General Counsel, Attention: Comments “LEIS,” Office of Federal Housing Enterprise Oversight, Fourth Floor, 1700 G Street, NW., Washington, DC 20552. The package should be logged at the Guard Desk, First Floor, on business days between 9 a.m. and 3 p.m. See SUPPLEMENTARY INFORMATION for additional information on submission and posting of comments. FOR FURTHER INFORMATION CONTACT: Mark D. Laponsky, Deputy General Counsel, telephone

(202)414-3832 (not a toll-free number); Office of Federal Housing Enterprise Oversight, Fourth Floor, 1700 G Street, NW, Washington, DC 20552. The telephone number for the Telecommunications Device for the Deaf is

(800)877-8339 (TDD *Only* ). SUPPLEMENTARY INFORMATION: *Instructions:* OFHEO seeks public comments on the proposed new system and will take all comments into consideration before issuing the final notice. Comments should include the agency name and the reference “LEIS” as well as your name and other contact information in the body of your comment. OFHEO further requests that comments submitted in hard copy also be accompanied by the electronic version in Microsoft® Word or in portable document format

(PDF)on 3.5″ disk or CD-ROM. *Posting and Public Availability of Comments:* All comments received will be posted without change to *http://www.regulations.gov,* as well as on the OFHEO Internet Web site at *http://www.ofheo.gov,* and will include any personal information provided. In addition, copies of all comments received will be available for examination by the public on business days between the hours of 10 a.m. and 3 p.m., at the Office of Federal Housing Enterprise Oversight, Fourth Floor, 1700 G Street, NW., Washington, DC 20552. To make an appointment to inspect comments, please call the Office of General Counsel at

(202)414-6924. *Introduction:* This notice informs the public of OFHEO's proposal to establish and maintain a new system of records. This notice satisfies the Privacy Act requirement that an agency publish a system of records notice in the **Federal Register** when there is an addition to the agency's system of records. The proposed new system of records is: OFHEO-11-Litigation and Enforcement Information System (LEIS). *Application of Privacy Act exemptions:* It has been recognized by Congress that application of all requirements of the Act to certain categories of records may have an undesirable and often unacceptable effect upon agencies in the conduct of necessary public business. Consequently, Congress established general exemptions and specific exemptions that could be used to exempt records from provisions of the Privacy Act. Congress also required that exempting records from provisions of the Privacy Act would require the head of an agency to publish a determination to exempt a record from the Act as a rule in accordance with the Administrative Procedures Act. Therefore, the Director of OFHEO has determined that certain records and information in the LEIS are exempt from certain requirements of the Privacy Act under 5 U.S.C. 552a(k)(2) as investigatory materials compiled for law enforcement purposes. As required by 5 U.S.C. 552a(r) of the Privacy Act, and pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, OFHEO has submitted a report describing the new system of records covered by this notice to the House Committee on Government Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Office of Management and Budget. The proposed new system of records described above is set forth in its entirety below. Dated: April 28, 2008. James B. Lockhart III, Director. OFHEO-11 SYSTEM NAME: Litigation and Enforcement Information System. SECURITY CLASSIFICATION: Most records are not classified. However, in some cases, records of certain individuals, or portions of some records may be classified in the interest of national security. SYSTEM LOCATION: The LEIS is located in the Office of Federal Housing Enterprise Oversight, 1700 G Street, NW, Fourth Floor, Washington, DC 20552, and any alternate work site utilized by employees of the Office of Federal Housing Enterprise Oversight (OFHEO) or individuals assisting such employees. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: The LEIS contains information about individuals in connection with civil, regulatory and administrative proceedings, including enforcement proceedings, brought by or against OFHEO, and other proceedings in which OFHEO participates or has an interest. The LEIS contains the names and other personally identifiable information of individuals who are parties to such proceedings and actual or potential witnesses in connection with such proceedings. CATEGORIES OF RECORDS IN THE SYSTEM: The LEIS includes records generated or assembled in connection with civil, regulatory and administrative proceedings, including enforcement proceedings, other proceedings brought by or against OFHEO, and other proceedings in which OFHEO participates or has an interest. Such records may include but are not limited to intra- or inter-agency correspondence or memoranda; criminal referral reports; federal, state or local criminal law enforcement agency investigatory reports, intra-agency investigative reports; citizen accounts of events that may include allegations of wrongdoing; evidentiary material, transcripts of testimony and exhibits thereto, names of witnesses, discovery materials, and other documents generated or obtained in connection with the proceeding. The LEIS also includes records and documents generated in connection with court or administrative tribunal databases and electronic access services such as Public Access to Court Electronic Records (PACER). Note: Certain records contained in this system of records may be proprietary to other federal agencies. OFHEO will notify the proprietary agency of any request relating to such records and seek its guidance with respect to disposition. OFHEO may forward such a request to the proprietary agency for disposition under its regulations. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: The Safety and Soundness Act (12 U.S.C. 4513(b); and 12 U.S.C. 4631-4636.) PURPOSES: Information in this system is used by OFHEO to support its regulatory, supervisory and enforcement functions, and to represent its interests in connection with civil, regulatory or administrative proceedings, including enforcement actions brought by or against OFHEO, or in which OFHEO participates. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: In addition to the conditions of disclosure under 5 U.S.C. 552a(b) and in addition to the general routine uses identified in the Prefatory Statement of General Routine Uses, 63 FR 9007 (February 23, 1998), it shall be a routine use to disclose information contained in this system for the purposes and to the users identified below: 1. To the Department of Justice or any other federal government agency such as the Securities and Exchange Commission, or Congress or any foreign, state or local agency responsible for enforcing, investigating or prosecuting civil or criminal laws or regulations where the information is relevant to an enforcement proceeding, investigation or prosecution within such agency's jurisdiction, and as may be necessary to pursue or coordinate enforcement, administrative, regulatory, or other proceedings, investigations and inquiries; 2. To a Federal or State court, magistrate, administrative law judge, administrative tribunal, or grand jury in the course of presenting evidence, including disclosures to counsel or witnesses in the course of discovery, litigation, or settlement negotiations and/or in response to subpoenas seeking documents or testimony relevant or potentially relevant to the subject proceeding; and, where relevant or potentially relevant to the proceeding, to the court or administrative tribunal databases and electronic access services such as PACER; 3. To a consultant, person, or entity, including outside counsel, contractors, copying services, document database service providers, or other firms or individuals who contract or subcontract with OFHEO, to the extent necessary for the performance of the contract or subcontract and consistent with the purposes of this system of records. The recipient of the records shall be required to comply with the requirements of the Privacy Act of 1974, as amended (5 U.S.C. 552a). 4. To the General Services Administration and the National Archives and Records Administration for the purpose of records management inspections conducted under statutory authority of 44 U.S.C. 2904 and 2906. 5. To appropriate agencies, entities, and persons when

(a)OFHEO suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;

(b)OFHEO 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 that rely upon the compromised information; and

(c)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with OFHEO's efforts to respond to the suspected or confirmed compromise and prevent, minimize or remedy such harm. DISCLOSURE TO CONSUMER REPORTING AGENCIES: Disclosures may be made from this system pursuant to 5 U.S.C. 552a(b)(12) to consumer reporting agencies as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) when OFHEO is trying to collect a claim of the Government under a law, except the Internal Revenue Code of 1986, in accordance with 31 U.S.C. 3711(e). POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are stored in electronic format and in paper format in a secure location. Paper records are maintained in file folders, index cards, rolodex-type files, notebooks, or files. Electronic records are maintained on computer hard drives, network systems, magnetic tape, diskette, or other machine readable formats. RETRIEVABILITY: Records are retrievable by subject name, title, or other personal identifier. SAFEGUARDS: Electronic records are password protected and available only to authorized personnel. Paper documents are kept in locked offices and only available to authorized personnel. Access is restricted to staff who have a need to access the system in performance of their duties. Back up tapes are stored in a locked, controlled room in a secure location. RETENTION AND DISPOSAL: These records will be retained for a minimum of seven years. The National Archives and Records Administration

(NARA)will determine if the retention period should be longer than seven years. Paper records that have met the NARA approved schedule will be disposed of by shredding. Electronic records that have met the NARA approved schedule will be deleted, erased, or overwritten. SYSTEM MANAGER AND ADDRESS: General Counsel, Office of Federal Housing Enterprise Oversight, 1700 G Street, NW., Washington, DC 20552. NOTIFICATION PROCEDURE: Contact the Privacy Act Officer, Office of Federal Housing Enterprise Oversight, 1700 G Street, NW., Fourth Floor, Washington, DC 20552. RECORD ACCESS PROCEDURES: The OFHEO regulation for providing access to records appears at 12 CFR part 1702. If additional information or assistance is required, contact the Privacy Act Officer, Office of Federal Housing Enterprise Oversight, 1700 G Street, NW., Fourth Floor, Washington, DC 20552. Access to certain materials in this System of Records may be withheld or exempted under 5 U.S.C. 552a(d)(5) if compiled in reasonable anticipation of litigation or if subject to the attorney-client privilege or other recognized privileges. CONTESTING RECORD PROCEDURES: The OFHEO regulation for contesting records procedures appears at 12 CFR part 1702. If additional information or assistance is required, contact the Privacy Act Appeals Officer, Office of Federal Housing Enterprise Oversight, 1700 G Street, NW., Fourth Floor, Washington, DC 20552. RECORD SOURCE CATEGORIES: The information contained in these records is provided by the individual who is the subject of the record, the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation (collectively, “Enterprises”) for whom the individual works or worked; witnesses; consultants to the Enterprise for whom the individual works or worked; consultants to OFHEO; U.S. attorneys, administrative tribunals, U.S. district courts; other federal, state, or local agencies; parties to the proceedings; or other sources of discovery relevant to the proceedings. EXEMPTIONS CLAIMED FOR THE SYSTEM: Certain records and information in this system that are investigatory and compiled for law enforcement purposes are exempt under subsection 552a(k)(2) of the Privacy Act to the extent that information within the system meets the criteria of that subsection of the Act. Such information has been exempted from the provisions of subsections (c)(3); (d)(1), (2),

(3)and (4); (e)(1), (3), (4)(G) and (I); and

(f)of the 5 U.S.C. 552a; see 12 CFR part 1702. The exemption is necessary in order to protect information relating to law enforcement investigations from disclosure to subjects of investigations and others who could interfere with investigatory and law enforcement activities. Exemption will preclude subjects of investigations from frustrating investigations, will avoid disclosure of investigative techniques, will protect the identities and safety of confidential informants and of law enforcement personnel, will ensure OFHEO's ability to obtain information from human sources, will protect the privacy of third-parties, and will safeguard sensitive information. Certain records contained in this system of records may be proprietary to other federal agencies and subject to exemptions imposed by those agencies, including the criminal law enforcement investigatory material exemption of 5 U.S.C. 552a(j)(2). [FR Doc. E8-10254 Filed 5-7-08; 8:45 am] BILLING CODE 4220-01-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R1-ES-2008-N0076; 10120-1113-0000-F5] Endangered Wildlife and Plants; Permits AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability of application to amend permit; request for comments. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on the following application to amend an existing permit to conduct certain activities with endangered species. DATES: We must receive your written data or comments by June 9, 2008. ADDRESSES: Program Manager, Endangered Species, Ecological Services, U.S. Fish and Wildlife Service, 911 NE. 11th Avenue, Portland, OR 97232-4181. FOR FURTHER INFORMATION CONTACT: Grant Canterbury, Fish and Wildlife Biologist, at the above address or by telephone (503-231-2063) or fax (503-231-6243). SUPPLEMENTARY INFORMATION: The following applicant has applied to amend an existing scientific research permit to conduct certain activities with endangered species under section 10(a)(1)(A) of the Endangered Species Act (16 U.S.C. 1531 *et seq.* ). We solicit review and comment from local, State, and Federal agencies and the public. Permit No. TE-146777 *Applicant:* Arleone Dibben-Young, Kaunakakai, Molokai, Hawaii The applicant requests an amendment to an existing permit to take (capture, measure, band, mark, release, and recapture) the Hawaiian duck ( *Anas wyvilliana* ) in conjunction with research on the Island of Molokai in the State of Hawaii, for the purpose of enhancing its survival. This permit currently covers capture and banding of the Hawaiian coot ( *Fulica alai* ) and Hawaiian stilt ( *Himantopus mexicanus knudseni* ), for which a notice was originally published in the **Federal Register** on May 22, 2007 (72 FR 28709). Public Review of Comments Please refer to the permit number for the application when submitting comments. We solicit public review and comment on this recovery permit application. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Comments and materials received will be available for public inspection, by appointment, during normal business hours at the above address. Dated: April 10, 2008. David J. Wesley, Acting Regional Director, Region 1, U.S. Fish and Wildlife Service. [FR Doc. E8-10233 Filed 5-7-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R4-R-2008-N0049; 40136-1265-0000-S3] Black Bayou Lake National Wildlife Refuge, Ouachita Parish, LA AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of intent to prepare a comprehensive conservation plan and environmental assessment; request for comments. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan

(CCP)and associated National Environmental Policy Act

(NEPA)documents for Black Bayou Lake National Wildlife Refuge. We provide this notice in compliance with our CCP policy to advise other agencies, Tribes, and the public of our intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process. DATES: To ensure consideration, we must receive your written comments by June 23, 2008. An open house meeting will be held during the scoping phase of the Draft CCP development process. The date, time, and place for the meeting will be announced in the local media. ADDRESSES: Comments, questions, and requests for information should be sent to: Tina Chouinard, Natural Resource Planner, Hatchie National Wildlife Refuge, 6772 Highway 76 South, Stanton, TN 38069. FOR FURTHER INFORMATION CONTACT: Tina Chouinard, Natural Resource Planner; Telephone: 318/305-0643; Fax: 771/772-7839; E-mail: *tina_chouinard@fws.gov* . SUPPLEMENTARY INFORMATION: Introduction With this notice, we initiate our process for developing a CCP for Black Bayou Lake National Wildlife Refuge in Ouachita Parish, LA. This notice complies with our CCP policy to

(1)advise other Federal and State agencies, Tribes, and the public of our intention to conduct detailed planning on this refuge; and

(2)obtain suggestions and information on the scope of issues to consider in the environmental document and during development of the CCP. Background The CCP Process The National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd-668ee) (Improvement Act), which amended the National Wildlife Refuge System Administration Act of 1966, requires us to develop a CCP for each national wildlife refuge. The purpose in developing a CCP is to provide refuge managers with a 15-year strategy for achieving refuge purposes and contributing to the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife management, conservation, legal mandates, and our policies. In addition to outlining broad management direction on conserving wildlife and their habitats, CCPs identify wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation. We will review and update the CCP at least every 15 years in accordance with the Improvement Act. Each unit of the National Wildlife Refuge System is established for specific purposes. We use these purposes as the foundation for developing and prioritizing the management goals and objectives for each refuge within the National Wildlife Refuge System mission, and to determine how the public can use each refuge. The planning process is a way for us and the public to evaluate management goals and objectives for the best possible conservation approach to this important wildlife habitat, while providing for wildlife-dependent recreation opportunities that are compatible with the refuge's establishing purposes and the mission of the National Wildlife Refuge System. Our CCP process provides participation opportunities for Tribal, State, and local governments; agencies; organizations; and the public. At this time we encourage input in the form of issues, concerns, ideas, and suggestions for the future management of Black Bayou Lake National Wildlife Refuge. Special mailings, newspaper articles, and other media outlets will be used to announce opportunities for input throughout the planning process. We will conduct the environmental assessment in accordance with the requirements of the National Environmental Policy Act of 1969, as amended

(NEPA)(42 U.S.C. 4321 et seq.); NEPA regulations (40 CFR parts 1500-1508); other appropriate Federal laws and regulations; and our policies and procedures for compliance with those laws and regulations. The Black Bayou Lake Refuge is a unit of the North Louisiana National Wildlife Refuge Complex. Other refuges in the Complex include D'Arbonne, Upper Ouachita, Handy Brake, and Red River, and the Louisiana Wetlands Management District. The refuge, established in 1997, is three miles north of Monroe, Louisiana, just east of Highway 165 in Ouachita Parish. The refuge contains 4,522 acres of lacustrine, bottomland hardwood, and upland mixed pine/hardwood habitats. Although the suburban sprawl of Monroe surrounds much of its boundary, the refuge, itself, is home to a diversity of plants and animals. The refuge is situated in the Mississippi Flyway, the West Gulf Coastal Plain Bird Conservation Region, and the Lower Mississippi River Ecosystem. Black Bayou Lake Refuge was established for “. . .the conservation of the wetlands of the Nation in order to maintain the public benefits they provide and to help fulfill international obligations contained in various migratory bird treaties and conventions. . .” (16 U.S.C. 3901(b)) (Wetlands Resources Act). The central physical feature of the refuge is the lake itself. Black Bayou Lake, approximately 1,500 acres in size, is studded with baldcypress and water tupelo trees. The western half of the lake is open and deeper, unlike the eastern side, which is thick with trees and emergent vegetation. The lake is owned by the city of Monroe, which manages the water level as a secondary source of municipal water. The Service has a 99-year free lease on the lake and some of its surrounding land, constituting a total of 1,620 acres. The refuge owns the remaining 2,902 acres. Three species of special concern that utilize the refuge include the alligator snapping turtle, the Rafinesque's big-eared bat, and the southeastern Myotis bat. The refuge offers the six priority wildlife-dependent recreational activities as identified in the Improvement Act. Resident game and migratory game bird hunting occurs on the refuge. Black Bayou Lake is popular with the public, especially nearby residents. The lake attracts many fishermen during spring and summer, most fishing for bream, crappie, and bass. Public Availability of Comments Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Authority: This notice is published under the authority of the National Wildlife Refuge System Improvement Act of 1997, Public Law 105-57. Dated: March 17, 2008. Cynthia K. Dohner, Acting Regional Director. [FR Doc. E8-10344 Filed 5-7-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR U.S. Fish and Wildlife Service [FWS-R7-R-2008-N0070; 70133-1265-0000-S3] Kenai National Wildlife Refuge, Soldotna, AK AGENCY: U.S. Fish and Wildlife Service, Interior. ACTION: Notice of Availability of the Draft Revised Comprehensive Conservation Plan and Environmental Impact Statement for the Kenai National Wildlife Refuge; request for comments. SUMMARY: We, the U.S. Fish and Wildlife Service (Service, we), announce that the Draft Revised Comprehensive Conservation Plan (Draft Plan) and Environmental Impact Statement

(EIS)for the Kenai National Wildlife Refuge is available for public comment. The Draft Plan/EIS was prepared pursuant to the Alaska National Interest Lands Conservation Act of 1980 (ANILCA), the National Wildlife Refuge System Administration Act of 1966 (Refuge Administration Act) as amended by the National Wildlife Refuge System Improvement Act of 1997 (Refuge Improvement Act), and the National Environmental Policy Act of 1969 (NEPA). It describes five alternatives for managing the Kenai Refuge for the next 15 years, including continuing current management. We will use special mailings to inform the public of opportunities to provide input on the Draft Plan/EIS and will hold public meetings in Anchorage and various communities on the Kenai Peninsula to obtain public comments. DATES: Comments on the Draft Plan/EIS must be received on or before September 1, 2008. ADDRESSES: To provide written comments or to request a paper copy or a compact disk of the Draft Plan/EIS, contact Rob Campellone, Planning Team Leader, U.S. Fish and Wildlife Service, 1011 East Tudor Rd., MS-231, Anchorage, Alaska 99503; telephone:

(907)786-3982; fax:

(907)786-3965; e-mail: *fw7_kenai_planning@fws.gov* . You may also view or download a copy of the Draft Plan/EIS at the following Web site: *http://alaska.fws.gov/nwr/planning/kenpol.htm.* Copies of the Draft Plan/EIS may be viewed at the Kenai Refuge Office in Soldotna, Alaska, and the U.S. Fish and Wildlife Service Regional Office in Anchorage, Alaska. FOR FURTHER INFORMATION CONTACT: Rob Campellone at the address or phone number provided above. SUPPLEMENTARY INFORMATION: The ANILCA (16 U.S.C. 410hh *et seq.* , 43 U.S.C. 1602 *et seq.* ) requires development of a Comprehensive Conservation Plan for all national wildlife refuges in Alaska. The Draft Plan/EIS for the Kenai Refuge was developed consistent with Section 304(g) of ANILCA and the Refuge Administration Act as amended by the Refuge Improvement Act (16 U.S.C. 668dd *et seq.* ). The purpose of developing a Comprehensive Conservation Plan is to provide refuge managers with a 15-year management strategy for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish, wildlife, and habitat management and conservation; legal mandates; and Service policies. Comprehensive Conservation Plans define long-term goals and objectives toward which refuge management activities are directed, and identify which uses may be compatible with the purposes of a refuge. Comprehensive Conservation Plans are reviewed and updated every 15 years in accordance with direction in Section 304(g) of ANILCA, the Refuge Improvement Act, and NEPA (42 U.S.C. 4321 *et seq.* ). *Background:* In 1941, President Franklin D. Roosevelt signed Executive Order 8979 creating the 1,730,000-acre Kenai National Moose Range. In 1980, ANILCA changed the name of the Range to the Kenai National Wildlife Refuge and substantially increased the size of the Refuge. As of 2007, the Kenai Refuge encompasses approximately 1,988,000 acres. Section 303(4)(B) of ANILCA states that the purposes for which Kenai Refuge was established include:

(i)To conserve fish and wildlife populations and habitats in their natural diversity;

(ii)to fulfill international treaty obligations of the United States with respect to fish and wildlife and their habitats;

(iii)to ensure water quality and necessary water quantity within the refuge;

(iv)to provide opportunities for scientific research, interpretation, environmental education, and land management training; and

(v)to provide opportunities for fish and wildlife-oriented recreation. A Comprehensive Conservation Plan and EIS were completed for the Kenai Refuge in 1985 following direction in Section 304(g) of ANILCA. The ANILCA requires the Service to designate areas according to their respective resources and values and to specify programs and uses within the areas designated. To meet these requirements, the Alaska Region established management categories. A management category is a set of refuge management directions applied to an area to accomplish refuge purposes and goals. Appropriate public uses, commercial uses, facilities, and human activities are identified for each management category. Five management categories currently apply to the Kenai Refuge including

(1)Intensive,

(2)Moderate,

(3)Traditional,

(4)Minimal, and

(5)Wilderness. The 1997 Refuge Improvement Act includes additional direction for conservation planning throughout the National Wildlife Refuge System. This direction has been incorporated into national planning policy for the National Wildlife Refuge System, including refuges in Alaska. The Draft Plan/EIS for the Kenai Refuge meets the requirements of both ANILCA and the Refuge Administration Act as amended by the Refuge Improvement Act. *An Overview of Management Alternatives:* The Draft Plan/EIS describes and evaluates five alternatives (A-E) for managing the Kenai Refuge for the next 15 years. Alternatives are different sets of objectives and strategies for achieving refuge purposes and goals. Alternatives A through E are each consistent with the purposes of the Kenai Refuge as mandated by ANILCA. Alternative A (the No-Action Alternative) is required under NEPA and describes continuation of current management activities. Alternative A serves as a baseline against which to compare the other four alternatives, including Alternative E—the Service's Preferred Alternative. Under Alternative A, management of the Kenai Refuge would continue to follow direction described in the 1985 Comprehensive Conservation Plan/EIS and Record of Decision and subsequent step-down management plans. Under Alternative A, the Kenai Refuge would continue to be managed under five management categories. Alternatives B through E would generally continue to follow management direction as described in the 1985 Comprehensive Conservation Plan/EIS and Record of Decision and subsequent step-down management plans, however some specific direction occurring under current management (Alternative A) would be altered or no longer pursued under Alternatives B through E. For example, under Alternatives B through E, four management categories, not five, would be applied to the Kenai Refuge, eliminating the Traditional management category. Alternative B would convert Kenai Refuge lands that are currently managed as Traditional to the Moderate or the Minimal management categories, and Alternatives C through E would convert Refuge lands that are currently managed as Traditional to the Minimal management category. *The Alternatives by Specific Issues:* Five central planning issues were raised during scoping and public involvement. The Draft Plan/EIS for the Kenai Refuge describes and evaluates, in detail, specific management actions under Alternatives A through E and how each alternative addresses the five central planning issues. In this notice, we highlight key changes in management of the Kenai Refuge under Alternatives A through E for each planning issue: Issue 1: Large-Scale Habitat Change and the Use of Fire Under Alternatives A through C, prescribed fire use would be allowed on 31 percent of the Refuge, though such use would be limited under Alternative A on approximately 10 percent of the Refuge identified as Minimal Management. Alternatives D and E (Alternative E is the Preferred Alternative) would allow prescribed fire use on 97.5 percent of the Refuge. Under Alternative A, wildland fire use would be allowed on 95 percent of the Refuge, and Alternative B would allow such use on 84.5 percent of the Refuge. Wildland fire use is the management of naturally ignited wildland fire to accomplish resource management objectives for specific areas. Alternatives C through E (the Preferred Alternative) would allow wildland fire use on 97.5 percent of the Refuge—with wildland fire use only being the default management action in designated Wilderness (66.4 percent of the Refuge) under Alternative C. Under Alternatives D and E (the Preferred Alternative), wildland fire use would be the default management action in Minimal and designated Wilderness management categories (95 percent of the Refuge). Issue 2: Manage Existing Facilities for Public Use While Ensuring Resource Protection Presently, there are three active oil and gas leases (13,252 acres) on the Kenai Refuge that were granted under the Mineral Leasing Act of 1920. These leases are not anticipated to end during the life of this plan (15 years) but could in the foreseeable future. For two of the leases, the Swanson River and Beaver Creek Oil and Gas units, some of the existing industrial roads and operating facilities would be retained (in the event that operations cease) for public use (except bicycle use) under Alternative A, though none would be retained under Alternative B. Most industrial roads would be retained and converted to trails for pedestrian and horse use only under Alternative C; and Alternatives D and E (the Preferred Alternative) would retain and maintain most roads for public use, including bicycle use. No existing facilities would be retained for public use under Alternatives C through E (the Preferred Alternative) in these oil and gas units. In the Swanson River Oil and Gas Unit, up to five primitive camping areas would be provided for walk-in use only under Alternative C, and two developed campgrounds would be constructed under Alternatives D and E (the Preferred Alternative). In the Beaver Creek Oil and Gas Unit, up to two primitive camping areas would be provided for walk-in use only under Alternative C, one developed campground would be constructed under Alternative D, and no camping facilities would be provided under Alternative E (the Preferred Alternative). Public vehicle use on the unimproved Mystery Creek Access Road and pipeline corridor north to Chickaloon Bay would be allowed from the start of moose hunting season (approximately August 9) until snow cover under Alternative A. Under Alternative B, the access road would be improved; and public vehicle use would be allowed July 1 to November 30 throughout the area, including southwest access to the East Fork of the Moose River. Alternatives C and E (the Preferred Alternative) would improve the access road to ensure public safety and environmental protection while providing for a primitive backcountry experience; and public vehicle use would be allowed August 9 to November 30 throughout the area, including southwest access to the East Fork of the Moose River. Under Alternative D, public vehicle use on the access road and pipeline corridor would not be allowed. Pedestrian, horse, and snowmachine use would be allowed under all the alternatives. Bicycle use would be allowed from August 9 until snow cover under Alternatives A, C, and E (the Preferred Alternative), and May 1 to November 30 under Alternative B. Alternative D would not allow bicycle use. Public use registration would not be required under Alternatives A or D, but it would be required under Alternatives B, C, and E (the Preferred Alternative). Issue 3: Enhance Wildlife-Dependent Recreation Opportunities Under Alternative A, personal collection of berries, mushrooms, and other edible plants, and/or the collection of shed antlers would not be allowed. Under Alternatives B through E (the Preferred Alternative), personal collection and use of unlimited quantities of berries, mushrooms, and other edible plants; and up to eight naturally shed moose or caribou antlers per person per year would be allowed. Issue 4: Manage Increasing Public Use To Ensure Resource and Visitor-Experience Protection For the Upper Kenai River (Russian River to Skilak Lake), non-guided public use would be allowed without restriction under Alternative A. Alternative B would modify existing management agreements and/or plans cooperatively with stakeholders to address non-guided public use; and Alternatives C through E (the Preferred Alternative) would implement a limited permit program. Under all of the Alternatives, sportfishing guides would be required to have special use permits. Permits would be limited to 20 under Alternatives A and B, reduced to 18 under C and E (the Preferred Alternative), and reduced to 15 under Alternative D. Permits would be reduced through attrition and issued competitively. Each permit would allow 10 starts per week with no more than 4 starts per day—except under Alternative B, which would require additional restrictions on the timing and starts of boats beyond such levels. State-licensed sportfishing guides not having Refuge special use permits may be issued Incidental Use Permits

(IUPs)under all the alternatives except Alternative D, which would eliminate the IUP Program. Alternatives A, C, and E (the Preferred Alternative) would issue up to three IUPs per year subject to quotas and blackout dates; and Alternative B would limit the number of IUPs to one per year. Dispersed camping would be allowed (except within one-quarter mile of the Sterling Highway) under all of the alternatives but would be limited to 14 days in any 30-day period under Alternative A; limited to 24 hours within any 14-day period within 100 yards of the river under Alternative B; not allowed within 100 yards of the river under Alternatives C and E (the Preferred Alternative); limited to 48 hours within any 14-day period within 100 yards of the river and within one mile of the Kenai River/Skilak Lake inlet/outlet under Alternative D. For the Middle Kenai River (Skilak Lake downstream to the Refuge boundary), non-guided public use would be allowed without restriction under Alternatives A and B. Such use would be allowed without restriction under Alternatives C and E (the Preferred Alternative) until a Limits-of-Acceptable Change planning process is completed with stakeholders; and Alternative D would implement a limited permit program after a public rulemaking process is conducted. Sportfishing guides would be required to have special use permits under all of the alternatives, though such permits would be issued without limit under Alternative A. Under Alternative B, the need to implement a permitting process would be evaluated after the conclusion of the ongoing Kenai River-wide guide process. Under Alternatives C and E (the Preferred Alternative), permits would be limited to the number of existing permittees, and existing permittees would be “grandfathered”; under Alternative D, permits would be limited to 20 through a competitive selection process, and management of the timing and starts of boats would be initiated. Issue 5: Balance Motorized Access With Resource and Visitor-Experience Protection Under all the alternatives, airplane access would not be allowed May 1 to September 30 on any lake where nesting trumpeter swans and/or their broods are present except on two lakes in designated Wilderness—where the closure would be May 1 to September 10 under Alternatives A through C and E (the Preferred Alternative)—and five lakes in designated Wilderness plus one lake outside of designated Wilderness under Alternative D. Airplane access would be allowed on 46 lakes in designated Wilderness under Alternative A and E (the Preferred Alternative); 45 lakes under Alternative B; 50 lakes under Alternative C; and 59 lakes under Alternative D. Under all the alternatives, floatplane access to Chickaloon Flats would be allowed on 6.5 miles of the Chickaloon River. Under Alternative A, wheeled airplane access would be allowed year-round within designated areas of the Chickaloon Flats area including three upland landing zones, a designated beach zone, and the unmaintained Big Indian Creek airstrip. Under Alternatives B through E (the Preferred Alternative), wheeled airplane access would be allowed on 21 square miles of unvegetated portions of the Chickaloon Flats area. Access would also be allowed on the unmaintained Big Indian Creek airstrip under Alternatives B and E (the Preferred Alternative). Under Alternatives C and D, access would be allowed on the Big Indian Creek airstrip, which would be maintained by the Service; and under Alternative D, an additional 6.8 square miles of unvegetated portions of the Chickaloon Flats would be accessible September 1 to December 15 (or to coincide with future waterfowl hunting seasons). Under Alternatives A through C and E (the Preferred Alternative), snowmachines would be allowed in designated areas December 1 to April 30 when the refuge manager determines there is adequate snow cover. Under Alternative C, certain zones within designated areas may be opened earlier (than December 1) or later (than April 30) depending on local snow conditions. Under Alternative D, the December 1 to April 30 time restriction would be eliminated, and certain zones within designated areas may be opened depending on local snow conditions. Under Alternatives B through E (the Preferred Alternative), research studies would be conducted with stakeholders to evaluate the effects of snowmachine use on Refuge resources and visitor experiences, and the results of those studies would be used to support future management decisions. *Public Availability of Comments:* Before including your name, address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. We will make all comments from individual persons part of the official public record. We will handle requests for such comments in accordance with the Freedom of Information Act, NEPA, and Departmental policies and procedures. Dated: May 2, 2008. Gary Edwards, Acting Regional Director, U.S. Fish and Wildlife Service, Anchorage, Alaska. [FR Doc. E8-10236 Filed 5-7-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Land Acquisitions; Mechoopda Indian Tribe, California AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of Final Agency Determination to Take Land into Trust under 25 CFR Part 151. SUMMARY: The Assistant Secretary—Indian Affairs made a final agency determination to acquire approximately 631.05 acres of land into trust for the Mechoopda Indian Tribe of California on March 14, 2008. This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs by 209 Departmental Manual 8.1. FOR FURTHER INFORMATION CONTACT: George Skibine, Office of Indian Gaming, MS-3657 MIB, 1849 C Street, NW., Washington, DC 20240; Telephone

(202)219-4066. SUPPLEMENTARY INFORMATION: This notice is published to comply with the requirement of 25 CFR 151.12(b) that notice be given to the public of the Secretary's decision to acquire land in trust at least 30 days prior to signatory acceptance of the land into trust. The purpose of the 30-day waiting period in 25 CFR 151.12(b) is to afford interested parties the opportunity to seek judicial review of final administrative decisions to take land in trust for Indian tribes and individual Indians before transfer of title to the property occurs. On March 14, 2008, the Assistant Secretary—Indian Affairs decided to accept approximately 631.05 acres of land into trust for the Mechoopda Indian Tribe of California under the authority of the Indian Reorganization Act of 1934, 25 U.S.C. 465. The 631.05 acres are located in Butte County, California. The parcel will be used for the purpose of construction and operation of a class II and class III gaming facility. The real property consists of approximately 631.05 acres situated in the State of California, County of Butte. The legal description of the property is as follows: Parcel I All that portion of the east half of the northeast quarter of Section 1, Township 20 North, Range 2 East, M.D.B. & M., lying easterly of U.S. Highway 99E. Excepting therefrom that portion thereof, heretofore conveyed to the State of California by deed recorded July 27, 1951, in Book 575, Page 326, Official Records, recorded October 9, 1974, in Book 1944, Page 64, Official Records and October 9, 1974, in Book 1944, Page 68, Official Records and Parcel 1 of the Grant Deed recorded January 15, 2004, under Butte County Recorder's Serial No. 2004-0002294. APN 041-190-048 (formerly 038-150-026). Parcel II The north half of the northwest quarter, the southwest quarter of the northwest quarter and the northwest quarter of the southwest quarter of Section 5, and all that portion of Section 6 lying northeasterly of the Oroville Chico Highway, all in Township 20 North, Range 3 East, M.D.B. & M. Excepting therefrom said Section 6, that portion conveyed to the State of California by Deeds recorded February 8, 1951 in Book 555, Page 329, Official Records, and July 27, 1951, in Book 575, Page 326, Official Records. Also excepting therefrom that portion conveyed to the State of California by Deed recorded October 9, 1974, in Book 1944, Page 64, Official Records and Parcel 1 of Grant Deed recorded January 15, 2004, under Butte County Recorder's Serial No. 2004-002294. APN 041-190-045 (formerly 041-190-020). Dated: March 25, 2008. Carl J. Artman, Assistant Secretary—Indian Affairs. [FR Doc. E8-10279 Filed 5-7-08; 8:45 am] BILLING CODE 4310-4N-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [F-21870-15, F-21870-16, F21870-19, and F-19154-05; AK-964-1410-KC-P] Alaska Native Claims Selection AGENCY: Bureau of Land Management, Interior. ACTION: Notice of decision approving lands for conveyance. SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the surface and subsurface estates in certain lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to NANA Regional Corporation Inc. The lands are in the vicinity of the Native villages of Ambler, Kobuk, and Shungnak, Alaska, and are located in: Kateel River Meridian, Alaska T. 19 N., R. 3 E., Secs. 4 to 9, inclusive; Secs. 13 to 36, inclusive. Containing approximately 18,996 acres. T. 19 N., R. 7 E., Secs. 1 to 36, inclusive. Containing approximately 22,660 acres. T. 18 N., R. 10 E., Secs. 1 to 16, inclusive; Secs. 21 to 28, inclusive; Secs. 33 to 36, inclusive. Containing approximately 17,596 acres. T. 17 N., R. 11 E., Secs. 1 to 36, inclusive. Containing approximately 20,981 acres. Aggregating approximately 80,233 acres. Notice of the decision will also be published four times in The Arctic Sounder. DATES: The time limits for filing an appeal are: 1. Any party claiming a property interest which is adversely affected by the decision shall have until June 9, 2008 to file an appeal. 2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal. Parties who do not file an appeal in accordance with the requirements of 43 CFR part 4, subpart E, shall be deemed to have waived their rights. ADDRESSES: A copy of the decision may be obtained from: Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, #13, Anchorage, Alaska 99513-7504. FOR FURTHER INFORMATION CONTACT: The Bureau of Land Management by phone at 907-271-5960, or by e-mail at *ak.blm.conveyance@ak.blm.gov.* Persons who use a telecommunication device

(TTD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8330, 24 hours a day, seven days a week, to contact the Bureau of Land Management. Jason Robinson, Land Law Examiner, Land Transfer Adjudication I. [FR Doc. E8-10224 Filed 5-7-08; 8:45 am] BILLING CODE 4310-JA-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY-050-1430-FR; WYW 49773] Notice of Realty Action; Recreation and Public Purposes Act Classification of Public Lands in Fremont County, WY AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: The Bureau of Land Management

(BLM)has examined and found suitable for classification for conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, approximately 73.42 acres of public land in Fremont County, Wyoming. The Wyoming Department of State Parks and Cultural Resources (WDSPCR), proposes to use the land as part of the South Pass City State Historic Site. DATES: Interested parties may submit comments regarding the proposed conveyance or classification of the lands until *June 23, 2008.* ADDRESSES: Send written comments to the Field Manager, Lander Field Office, 1335 Main Street, Lander, Wyoming 82520. FOR FURTHER INFORMATION CONTACT: Robert B. Ross, Jr., Field Manager, Bureau of Land Management, Lander Field Office, at

(307)332-8400. SUPPLEMENTARY INFORMATION: In accordance with Section 7 of the Taylor Grazing Act, (43 U.S.C. 315f), and Executive Order No. 6910, the following described public land in Fremont County, Wyoming, has been examined and found suitable for classification for conveyance under the provisions of the R&PP Act, as amended, (43 U.S.C. 869 *et seq.* ): Sixth Principal Meridian, Wyoming T. 29 N., R. 100 W., Sec. 20, lots 6, 7, 9, 19 and 24. The land described contains 73.42 acres, more or less. The following described public land was previously classified for lease only under the R&PP Act on June 2, 1976, and has been leased to WDSPCR as part of the South Pass City State Historic Site since July 21, 1976: Sixth Principal Meridian, Wyoming T. 29 N., R. 100 W., Sec. 20, lots 7 and 9. The land described contains 25.47 acres, more or less. In accordance with the R&PP Act, WDSPCR filed an application for the above-described 73.42 acres of public land to be developed as part of the South Pass City State Historic Site. The additions include restoration of historic town-site buildings, an interpretive trail for historic gold mining features, a primitive camping area that would accommodate tent campers, restroom facilities, hiking trails, and day-use facilities. Additional detailed information pertaining to this application, plan of development, and site plan is in case file W-49773, located in the BLM Lander Field Office at the above address. The land is not needed for any Federal purpose. The conveyance is consistent with the Lander Resource Management Plan dated June 9, 1987, and would be in the public interest. The patent, when issued, will be subject to the provisions of the R&PP Act and applicable regulations of the Secretary of the Interior, and will contain the following reservations to the United States: 1. A right-of-way thereon for ditches or canals constructed by the authority of the United States, Act of August 30, 1890 (43 U.S.C. 945); and 2. All minerals, together with the right to prospect for, mine, and remove such deposits from the same under applicable law and such regulations as the Secretary of the Interior may prescribe. The patent will be subject to all valid existing rights documented on the official public land records at the time of patent issuance. On May 8, 2008, the land described above will be segregated from all other forms of appropriation under the public land laws, including the general mining laws, except for conveyance under the R&PP Act, leasing under the mineral leasing laws, and disposals under the mineral material disposal laws. *Classification Comments:* Interested parties may submit comments involving the suitability of the land for a State Historic Park Site. Comments on the classification are restricted to whether the land is physically suited for the proposal, whether the use will maximize the future use or uses of the land, whether the use is consistent with local planning and zoning, or if the use is consistent with State and Federal programs. *Application Comments:* Interested parties may submit comments regarding the specific use proposed in the application and plan of development, whether the BLM followed proper administrative procedures in reaching the decision to convey under the R&PP Act, or any other factor not directly related to the suitability of the land for R&PP use. *Confidentiality of Comments:* Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Only written comments submitted by postal service or overnight mail to the Field Manager—BLM Lander Field Office will be considered properly filed. Electronic mail, facsimile or telephone comments will not be considered properly filed. Any adverse comments will be reviewed by the State Director. In the absence of any adverse comments, the classification of the land described in this notice will become effective July 7, 2008. The lands will not be available for conveyance until after the classification becomes effective. Authority: 43 CFR 2740. Dated: April 30, 2008. Robert B. Ross, Jr., Field Manager, Lander, WY. [FR Doc. E8-10234 Filed 5-7-08; 8:45 am] BILLING CODE 4310-22-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-646] In the Matter of Certain Power Supplies; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 4, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Ultra Products, Inc. of Fletcher, Ohio and Systemax Inc. of Port Washington, New York. A supplement to the complaint was filed on May 1, 2008. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain power supplies that infringe certain claims of U.S. Patent No. 7,133,293. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders. ADDRESSES: The complaint and the supplement, except for any confidential information contained therein, are available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *http://www.usitc.gov* . The public record for this investigation may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov* . FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone

(202)205-2571. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2007). *Scope of Investigation:* Having considered the complaint, the U.S. International Trade Commission, on May 1, 2008, *ordered that* —

(1)Pursuant to subsection

(b)of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain power supplies that infringe one or more of claims 1 and 4 of U.S. Patent No. 7,133,293, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;

(2)For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:

(a)The complainants are— Ultra Products, Inc., 6910 State Road 36, Fletcher, Ohio 45326. Systemax, Inc.,11 Harbor Park Drive, Port Washington, New York 11050.

(b)The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Aerocool Advanced, Technologies Corporation, 13F-2, No. 75, Hsin Tai Wu Road, Sec. 1 Hsi Chih, Taipei Hsien 221, Taiwan. Langears, Inc. d/b/a Aerocool US, 41662 Christy Street, Fremont, California 94538. Andyson International Co., Ltd.,Third Floor, 153 Pei-Shen Road, Sec. 3, Shen-Keng Village,Taipei 222, Taiwan. Atng Power Co., Ltd. a/k/a I Horng, Power Co., Ltd., Third Floor-9, 14 Lane 609 Chung Shin Road, Sec. 5, San Chung, Taipei Hsien 241, Taiwan. Coolmax Technology Inc., 8F, No. 165, Sec. 2, Datung Road, Hsi-Chih City, Taipei 221,Taiwan. Enermax Technology Corporation, 15F-2, No. 888, Jing-Kuo Road, Taoyuan, Taiwan. Enermax USA Corporation, 17733 Rowland Street, City of Industry, California 91748. High Performance Enterprise PLC, d/b/a High Performance Group or Hiper Group, Unit 1, The I/O Centre, Fingle Drive, Milton Keynes, MK13 OAT,United Kingdom. High Performance Group Inc., d/b/a High Performance Group or Hiper Group, Foster City Executive Park, 551 Foster City Boulevard, Suite D, San Mateo, California 94404. KWI Technology Inc. d/b/a Kingwin, 18221 Railroad Street, City of Industry, California 91748. San Hawk Technic Co., Ltd., a/k/a Sky Hawk Group, 6F, No. 665, Chung Cheng Road, Hsin Chuang, Taipei, Taiwan. Eagle Technology Inc., a/k/a Sky Hawk USA or Eagle Tech, 18539 East Gale Avenue, City of Industry, California 91748. Sunbeam Company, Room 406, Building A, No. 18, Sihyuan Street, Jhongjheng District, Taipei City 100, Taiwan. Sunbeamtech, Inc., 15339 Don Julian Road, Hacienda Heights, California 91748.

(c)The Commission investigative attorney, party to this investigation, is Thomas S. Fusco, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401B, Washington, DC 20436; and

(4)For the investigation so instituted, the Honorable Charles E. Bullock is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of the respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: May 2, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-10175 Filed 5-7-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigations Nos. 701-TA-452 (Final) and 731-TA-1129 and 1130 (Final)] Raw Flexible Magnets From China and Taiwan AGENCY: United States International Trade Commission. ACTION: Scheduling of the final phase of countervailing duty and antidumping investigations. SUMMARY: The Commission hereby gives notice of the scheduling of the final phase of countervailing duty investigation No. 701-TA-452 (Final) under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)) (the Act) and the final phase of antidumping investigations Nos. 731-TA-1129 and 1130 (Final) under section 735(b) of the Act (19 U.S.C. 1673d(b)) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of subsidized and less-than-fair-value imports from China and Taiwan of raw flexible magnets, provided for in subheadings 8505.19.10 and 8505.19.20 of the Harmonized Tariff Schedule of the United States. 1 1 For purposes of these investigations, the Department of Commerce has defined the subject merchandise as “certain flexible magnet sheeting, strips, and profile shapes.” For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). DATES: *Effective Date:* April 25, 2008. FOR FURTHER INFORMATION CONTACT: Olympia Hand (202-205-3182), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). The public record for these investigations may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov* . SUPPLEMENTARY INFORMATION: *Background* .—The final phase of these investigations is being scheduled as a result of affirmative preliminary determinations by the Department of Commerce that certain benefits which constitute subsidies within the meaning of section 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in China and Taiwan of raw flexible magnets, and that such products are being sold in the United States at less than fair value within the meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations were requested in a petition filed on September 21, 2007, by Magnum Magetics Corp., Marietta, OH. *Participation in the investigations and public service list* .—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission's rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. *Limited disclosure of business proprietary information

(BPI)under an administrative protective order

(APO)and BPI service list* .—Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. *Staff report* .—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on June 25, 2008, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission's rules. *Hearing* .—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on July 10, 2008, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before July 2, 2008. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on July 3, 2008, at the U.S. International Trade Commission Building. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties must submit any request to present a portion of their hearing testimony *in camera* no later than 7 business days prior to the date of the hearing. *Written submissions* .—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.23 of the Commission's rules; the deadline for filing is July 2, 2008. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission's rules, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission's rules. The deadline for filing posthearing briefs is July 17, 2008; witness testimony must be filed no later than three days before the hearing. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before July 17, 2008. On August 5, 2008, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before August 7, 2008, but such final comments must not contain new factual information and must otherwise comply with section 207.30 of the Commission's rules. All written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II(C) of the Commission's Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission's rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission's rules. By order of the Commission. Issued: May 2, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-10177 Filed 5-7-08; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act of 1970, as Amended Pursuant to 28 CFR 50.7, notice is hereby given that on April 29, 2008, a proposed consent decree in *United States* v. *Sun State Builders, Inc.* , Civil Action No. 2:08-CV-00816-HRH, was lodged with the United States District Court for the District of Arizona. This Consent Decree will resolve claims asserted by the United States against Sun State for injunctive relief and civil penalties based on violations of Maricopa County dust control regulations incorporated in the Arizona State Implementation Plan under the Clean Air Act (“the Act”). The complaint in this action seeks civil penalties and injunctive relief under Section 113(b) of the Act, 42 U.S.C. 7413(b), against the Defendant for failure to install suitable trackout control devices, failure to immediately clean up trackout, failure to implement dust control measures, and failure to operate a water application system while conducting earth moving, in violation of Rule 310 of Regulation 3 of the Maricopa County Air Quality Department (MCAQD), which is part of the federally approved and federally enforceable State Implementation Plan

(SIP)submitted to EPA by the State of Arizona pursuant to Section 110 of the Act, 42 U.S.C. 7410. The proposed Consent Decree settles these claims by providing for payment by the Defendant of $106,000 in civil penalties to the United States. The Consent Decree also requires implementation of measures designed to abate fugitive dust emissions, including the designation of qualified dust control coordinators at sites with five acres or more of disturbed surface area and requiring dust control training for employees whose job responsibilities involve dust generating operations. The Department of Justice will receive for a period of thirty

(30)days from the date of this publication comments relating to the Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and either e-mailed to *pubcomment-ees.enrd@usdoj.gov* or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should refer to *United States* v. *Sun State Builders, Inc.* , D.J. Ref. #90-5-2-1-09146. The consent decree may be examined at the Office of the United States Attorney for the District of Arizona, 40 N. Central Ave., Suite 1200, Phoenix, Arizona 85004, and at U.S. EPA Region 9, Office of Regional Counsel, 75 Hawthorne Street, San Francisco, California 94105. During the public comment period, the consent decree may also be examined on the following Department of Justice Web site: *http://www.usdoj.gov/enrd/Consent_Decrees.html* . A copy of the consent decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood ( *tonia.fleetwood@usdoj.gov* ), fax no.

(202)514-0097, phone confirmation number

(202)514-1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $5.00 (25 cents per page reproduction cost) payable to the U.S. Treasury. Henry Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8-10241 Filed 5-7-08; 8:45 am] BILLING CODE 4410-15-P DEPARTMENT OF LABOR Office of the Secretary “Ensuring Benefits in the Formal Sector in El Salvador” May 8, 2008. AGENCY: Bureau of International Labor Affairs, Department of Labor. *Announcement Type:* New. Notice of Availability of Funds and Solicitation for Cooperative Agreement Applications. The full announcement is posted on *http://www.Grants.Gov* as well as on the DOL Web site at *http://www.dol.gov/ilab.* *Funding Opportunity Number:* SGA 08-05. *Key Dates:* The closing date for receipt of applications is June 6, 2008, via *Grants.gov.* *Funding Opportunity Description:* The U.S. Department of Labor, Bureau of International Labor Affairs, announces the availability of funds to be granted by cooperative agreement to one or more qualifying organizations. The Department will award up to U.S. $940,000 through one grant to an organization or organizations to increase compliance with laws regarding employer payments to the Salvadoran Social Security Institute. Specifically, the project will improve current systems to enforce compliance with laws regarding payments to the Salvadoran Social Security Institute, and it will raise awareness among workers and employers about how they can verify that correct payments are being made and where to go if they are not being made. The duration of the project funded by this solicitation is three to four years. The start date of program activities will be negotiated upon award of the Cooperative Agreement, but will be no later than September 30, 2008. ILAB is authorized to award and administer this program by the Consolidated Appropriations Act, 2008, Public Law No. 110-161, 121 Stat. 1844 (2007). The full Solicitation for Grant Application is posted on *http://www.Grants.Gov* under U.S. Department of Labor/ILAB. Only Applications submitted through *http://www.Grants.Gov* will be accepted. If you need to speak to a person concerning these grants, or if you have issues regarding access to the *Grants.gov* Web site, you may telephone Lisa Harvey at 202-693-4592 (not a toll-free number). Signed at Washington, DC, this 2nd day of May 2008. Lisa Harvey, Grant Officer. [FR Doc. E8-10270 Filed 5-7-08; 8:45 am] BILLING CODE 4510-28-P DEPARTMENT OF LABOR Office of the Secretary “Strengthening Labor Law Compliance in the United Republic of Tanzania” AGENCY: Bureau of International Labor Affairs, Department of Labor. *Announcement Type:* New. Notice of Availability of Funds and Solicitation for Cooperative Agreement Applications. The full announcement is posted on *http://www.Grants.Gov* as well as on the DOL Web site at *http://www.dol.gov/ilab.* *Funding Opportunity Number:* SGA 08-08. *Key Dates:* The closing date for receipt of applications is May 30, 2008. *Funding Opportunity Description:* The U.S. Department of Labor (USDOL), Bureau Of International Labor Affairs (ILAB), Announces the Availability of $1,710,000 to be awarded by cooperative agreement (hereinafter referred to as “Grant” or “Cooperative Agreement”) to an international organization for the purpose of improving labor law compliance in Tanzania. ILAB is authorized to award and administer this program by the Consolidated Appropriations Act, 2008, Public Law No. 110-161, 121 Stat. 1844 (2007). The Cooperative Agreement awarded under this initiative will be managed by ILAB's Office of Trade and Labor Affairs. The duration of the project funded by this solicitation is three to four years. The start date of program activities will be negotiated upon award of the cooperative agreement, but will be no later than September 30, 2008. The full solicitation for grant application is posted on *http://www.Grants.Gov* under U.S. Department of Labor/ILAB. Only applications submitted through *http://www.Grants.Gov* will be accepted. If you need to speak to a person concerning these grants, or if you have issues regarding access to the Grants.gov Web site, you may telephone Lisa Harvey at 202-693-4592 (not a toll-free number). Signed at Washington, DC, this 2nd day of May 2008. Lisa Harvey, Grant Officer. [FR Doc. E8-10269 Filed 5-7-08; 8:45 am] BILLING CODE 4510-28-P THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Meeting of National Council on the Humanities AGENCY: The National Endowment for the Humanities. ACTION: Notice of meeting. Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92-463, as amended) notice is hereby given the National Council on the Humanities will meet in Washington, DC on May 22-23, 2008. The purpose of the meeting is to advise the Chairman of the National Endowment for the Humanities with respect to policies, programs, and procedures for carrying out his functions, and to review applications for financial support from and gifts offered to the Endowment and to make recommendations thereon to the Chairman. The meeting will be held in the Old Post Office Building, 1100 Pennsylvania Avenue, NW., Washington, DC. A portion of the morning and afternoon sessions on May 22-23, 2008, will not be open to the public pursuant to subsections (c)(4), (c)(6) and (c)(9)(B) of section 552b of Title 5, United States Code because the Council will consider information that may disclose: Trade secrets and commercial or financial information obtained from a person and privileged or confidential; information of a personal nature the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; and information the premature disclosure of which would be likely to significantly frustrate implementation of proposed agency action. I have made this determination under the authority granted me by the Chairman's Delegation of Authority dated July 19, 1993. *The agenda for the sessions on May 22, 2008 will be as follows:* Committee Meetings (Open to the Public) Policy Discussion 9-10:30 a.m. Challenge Grants and Education Programs—Room M-07 Federal/State Partnership—Room 510A Preservation and Access—Room 415 Public Programs—Room 421 Research Programs—Room 315 (Closed to the Public) Discussion of Specific Grant Applications and Programs Before the Council 10:30 a.m. until adjourned Challenge Grants and Education Programs—Room M-07 Federal/State Partnership—Room 510A Preservation and Access—Room 415 Public Programs—Room 421 Research Programs—Room 315 2-3 p.m. Jefferson Lecture—Room 527 The morning session of the meeting on May 23, 2008 will convene at 9 a.m., in the first floor Council Room M-09, and will be open to the public, as set out below. The agenda for the morning session will be as follows: A. Minutes of the Previous Meeting B. Reports 1. Introductory Remarks 2. Staff Report 3. Congressional Report 4. Budget Report 5. Reports on Policy and General Matters a. Challenge Grants b. Education Programs c. Federal/State Partnership d. Preservation and Access e. Public Programs f. Research Programs g. Jefferson Lecture The remainder of the proposed meeting will be given to the consideration of specific applications and will be closed to the public for the reasons stated above. Further information about this meeting can be obtained from Heather C. Gottry, Acting Advisory Committee Management Officer, National Endowment for the Humanities, 1100 Pennsylvania Avenue, NW., Washington, DC 20506, or by calling

(202)606-8322, TDD

(202)606-8282. Advance notice of any special needs or accommodations is appreciated. Heather C. Gottry, Acting Advisory Committee Management Officer. [FR Doc. E8-10207 Filed 5-7-08; 8:45 am] BILLING CODE 7536-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-020] Massachusetts Institute of Technology; Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Massachusetts Institute of Technology Research Reactor Facility Operating License No. R-37 for an Additional 20-Year Period The U. S. Nuclear Regulatory Commission (NRC or the Commission) is considering an application for the renewal of Facility Operating License No. R-37, which authorizes the Massachusetts Institute of Technology (the licensee) to operate the Massachusetts Institute of Technology Research Reactor

(MITR)at a maximum steady-state thermal power of 6 Megawatts

(MW)thermal power. The proposed action would renew Facility License No. R-37 for a period of twenty years from the date of issuance of the renewed license. The current license for the MITR expired on August 8, 1999. On July 8, 1999, the Commission's staff received an application from the licensee filed pursuant to 10 CFR Part 50.51(a), to renew Facility Operating License No. R-37 for the MITR. Because the license renewal application was filed in a timely manner in accordance with 10 CFR 2.109, the license will not be deemed to have expired until the license renewal application has been finally determined. The Commission's staff has determined that the licensee has submitted sufficient information in accordance with 10 CFR 50.33 and 50.34 that the application is acceptable for docketing. The current Docket No. 50-020 for Facility Operating License No. R-37, will be retained. The docketing of the renewal application does not preclude requesting additional information as the review proceeds, nor does it predict whether the Commission will grant or deny the application. Prior to a decision to renew the license, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations. Within 60 days after the date of publication of this notice, any person(s) whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request via electronic submission through the NRC E-filing system for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's “Rules of Practice for Domestic Licensing Proceedings” in 10 CFR Part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/doc-collections/cfr/.* If a request for a hearing or petition for leave to intervene is filed within the 60-day period, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner/requestor in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements:

(1)The name, address and telephone number of the requestor or petitioner;

(2)the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding;

(3)the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and

(4)the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner/requestor to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. A request for hearing or a petition for leave to intervene must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR 49139). The E-Filing process requires participants to submit and serve documents over the internet or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least five

(5)days prior to the filing deadline, the petitioner/requestor must contact the Office of the Secretary by e-mail at *hearingdocket@nrc.gov,* or by calling

(301)415-1677, to request

(1)a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or

(2)creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each petitioner/requestor will need to download the Workplace Forms Viewer TM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer TM is free and is available at *http://www.nrc.gov/site-help/e-submittals/install-viewer.html.* Information about applying for a digital ID certificate is available on NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.* Once a petitioner/requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format

(PDF)in accordance with NRC guidance available on the NRC public Web site at *http://www.nrc.gov/site-help/e-submittals.html.* A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the “Contact Us” link located on the NRC Web site at *http://www.nrc.gov/site-help/e-submittals.html* or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is

(800)397-4209 or locally,

(301)415-4737. Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by:

(1)First-class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or

(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later than 11:59 p.m. Eastern Time on the due date. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHD_Proceeding/home.asp* , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, Participants are requested not to include copyrighted materials in their submissions. Detailed guidance which the NRC uses to review applications for the renewal of non-power reactor licenses can be found in the document NUREG-1537, entitled “Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors,” can be obtained from the Commission's PDR. The NRC maintains an Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The detailed review guidance (NUREG-1537) may be accessed through the NRC's Public Electronic Reading Room on the Internet at *http://www.nrc.gov/reading-rm/adams.html* under ADAMS Accession No. ML042430055 for part one and ML042430048 for part two. Copies of the application to renew the facility license for the licensee are available for public inspection at the Commission's PDR, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, 20852-2738. The initial application and other related documents may be accessed through the NRC's Public Electronic Reading Room, at the address mentioned above, under ADAMS Accession Nos.: ML080950435, ML003683419, ML053190384, ML053190234, ML081000626, ML081000625, ML081000627, ML021500351, ML081020537, ML080710352, ML080240038, ML073340485, ML011420515, ML010950291, ML003698347. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by e-mail to *pdr@nrc.gov* . Dated at Rockville, Maryland, this 2nd day of May, 2008. For the Nuclear Regulatory Commission Daniel Collins, Chief, Research and Test Reactors Branch A, Division of Policy and Rulemaking, Office of Nuclear Reactor Regulation. [FR Doc. E8-10283 Filed 5-7-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of pending NRC action to submit an information collection request to the Office of Management and Budget

(OMB)and solicitation of public comment. SUMMARY: The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The *title of the information collection:* 10 CFR Part 31, General Domestic Licenses for Byproduct Material. 2. *Current OMB approval number:* 3150-0016. 3. *How often the collection is required:* Reports are submitted as events occur. General license registration requests may be submitted at any time. Changes to the information on the registration may be submitted as they occur. 4. *Who is required or asked to report:* Persons receiving, possessing, using, or transferring devices containing byproduct material. 5. *The number of annual responses:* 35,663 (1,073 NRC responses + 3,900 NRC recordkeepers + 11,290 Agreement State responses + 19,400 Agreement State recordkeepers). 6. *The number of annual respondents:* Approximately 3,900 NRC general licensees and 19,400 Agreement State general licensees. 7. *The number of hours needed annually to complete the requirement or request:* 10,868 (1,460 hours for NRC licensees [975 hours recordkeeping and 485 hours reporting] and 9,408 hours for Agreement State licensees [4,850 hours recordkeeping and 4,558 hours reporting]. 8. *Abstract:* 10 CFR Part 31 establishes general licenses for the possession and use of byproduct material in certain devices and a general license for use of byproduct material. General licensees are required to keep records and submit reports identified in Part 31 in order for NRC to determine with reasonable assurance that devices are operated safely and without radiological hazard to users or the public. Submit, by July 7, 2008, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: *http://www.nrc.gov/public-involve/doc-comment/omb/index.html.* The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Margaret A. Janney (T-5 F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7245, or by e-mail to *INFOCOLLECTS@NRC.GOV.* Dated at Rockville, Maryland, this 2nd day of May 2008. For the Nuclear Regulatory Commission. Gregory Trussell, Acting NRC Clearance Officer, Office of Information Services. [FR Doc. E8-10249 Filed 5-7-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Office of New Reactors; Notice of Availability of the Final Interim Staff Guidance COL-ISG-02 on Financial Qualifications of Applicants AGENCY: Nuclear Regulatory Commission (NRC). ACTION: Notice of availability. SUMMARY: The NRC is issuing its Final Interim Staff Guidance

(ISG)COL-ISG-02. This COL-ISG provides guidance on financial qualifications for and combined license

(COL)applicants. This COL-ISG summarizes the requirements under Title 10 of the *Code of Federal Regulations* (10 CFR) Section 50.33(f)(1) for COL applicants and corrects the information provided in Section C.IV.5.1 of Regulatory Guide 1.206, “COL Applications for Nuclear Power Plants (LWR Edition).” The NRC staff issues ISGs to facilitate timely implementation of the current staff guidance and to facilitate activities associated with review of applications for design certifications and COLs for the Office of New Reactors. The NRC staff will also incorporate the approved DC/COL-ISGs into the next revision of the appropriate review guidance documents. ADDRESSES: The NRC maintains an Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRC's public documents. These documents may be accessed through the NRC's Public Electronic Reading Room on the Internet at *http://www.nrc.gov/reading-rm/adams.html.* Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC Public Document Room

(PDR)reference staff at 1-800-397-4209, 301-415-4737, or by e-mail at *pdr@nrc.gov.* FOR FURTHER INFORMATION CONTACT: Mr. Arlon O. Costa, Acting Branch Chief, Financial, Policy and Rule Making Branch, Division of Policy and Rule Making, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone 301-415-6402 or e-mail at *roc@nrc.gov.* SUPPLEMENTARY INFORMATION: COL-IGS-02 is posted on the agency's external web page ( *http://www.nrc.gov/reading-rm/doc-collections/isg/* ). Dated at Rockville, Maryland, this 2nd day of May 2008. For the Nuclear Regulatory Commission, William D. Reckley, Branch Chief Rulemaking, Guidance and Advanced Reactors Branch, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. E8-10248 Filed 5-7-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 070-00008] Notice of Issuance of License Amendment for Termination of License SNM-00007 for Battelle Memorial Institute, West Jefferson, OH AGENCY: Nuclear Regulatory Commission. ACTION: Notice of availability. FOR FURTHER INFORMATION CONTACT: George M. McCann, Senior Health Physicist, Decommissioning Branch, Division of Nuclear Material Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 Warrenville Road, Lisle, Illinois 60532; Telephone:

(630)829-9856; fax number:

(630)515-1259; e-mail: *Mike.McCann@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction The Nuclear Regulatory Commission

(NRC)is issuing a license amendment to terminate Special Nuclear Material License No. SNM-00007 issued to Battelle Memorial Institute (the licensee) and to authorize for unrestricted use its former North Nuclear Sciences Site, located near West Jefferson, Ohio. An NRC approved decommissioning plan

(DP)(ML003711118), which references an U.S. Department of Energy Environmental Assessment, and Finding of No Significant Impact, was incorporated into the licensee's license by Amendment No. 23, on August 25, 2000 (ML010410001). These documents addressed the impacts of the licensee's actions to decommission its former byproduct and special nuclear materials research facilities and associated site, including final status survey plans and the licensee's intent to terminate license SNM-00007. In a letter dated August 3, 2006, (ML062200140) the licensee requested termination of its NRC radioactive source material license. The NRC's staff review of the Battelle Memorial Institute's termination request and final status surveys are documented in a Safety Evaluation Report. Based on the staff review, the NRC concluded that all licensable radioactive material has been removed from the licensee's former North Nuclear Sciences Site and residual radioactive material attributable to licensed activities does not exceed NRC unrestricted use criteria. II. Licensee Background and Staff Review Findings The purpose of the amendment is to terminate Battelle Memorial Institute's special nuclear material license and authorize for unrestricted release the licensee's former Nuclear Sciences Site located near West Jefferson, Ohio. Battelle's DP (ML003711118) was originally approved by the NRC during 1993, before implementation of the current NRC “License Termination Rule.” The unrestricted release criterion cited in the DP was based on current regulatory guidance in effect at that time, that is, concentration and surface release tables, and consistent with criteria outlined in an NRC letter to the licensee dated April 17, 1992 (ML070180226). The licensee's DP was incorporated into NRC Special Nuclear Materials License No. SNM-00007 by License Amendment No. 23 on August 25, 2000 (ML010410001). This action was consistent with Title 10 of the Code of Federal Regulations (CFR), Part 20, Section 20.1401(b)(2), General provisions and scope, which states in part that “(b) The criteria in this subpart do not apply to sites which:

(2)have previously submitted and received Commission approval on a license termination plan

(LTP)or decommissioning plan that is compatible with the Site Decommissioning Management Program Action Plan criteria.” Thus, the incorporation of the DP into Battelle Memorial Institute's license did not change the previously approved release criteria, but the licensee voluntarily implemented an administrative “as low as reasonably achievable” limit of 25 mrem per year dose limit throughout the West Jefferson North decommissioning project. Historically, Battelle performed atomic energy research and development for the U.S. Department of Energy

(DOE)and its predecessor agencies between 1943 and 1986 at its Columbus Laboratories sites. The licensee's special nuclear material license SNM-00007 authorized byproduct and special nuclear materials for commercial nuclear research activities at the same locations. Between the late 1980s and 1993, DOE and the NRC met to discuss coordination of the Battelle Columbus Laboratories Decommissioning Project. As a result, DOE decided to not impose DOE Orders where such orders would duplicate existing regulations which the project was already required to follow. It was agreed that the DOE would maintain day-to-day operational responsibility for the decontamination and decommissioning project, and that the NRC would impose three statutory responsibilities, which were to:

(1)Conduct periodic inspections;

(2)approve the release criteria used; and

(3)certify the final release of the Battelle site. The NRC met with DOE and the Ohio Department of Public Health on a number of occasions to ensure good communications and coordination between the respective agencies. The NRC Safety Evaluation Report was issued in support of the license amendment. Based on this review, the NRC staff has determined that the licensee's final status surveys are adequate to demonstrate compliance with radiological criteria for license termination, and that Battelle Memorial Institute has demonstrated that the former nuclear research site's radiological condition complies with the radiological criteria for license termination. The NRC staff has reviewed the proposed amendment and has determined that the proposed termination will have no adverse effect on the public health and safety or the environment. III. Further Information Documents related to this action, including the application for amendment and supporting documentation, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The ADAMS accession numbers for the documents related to this notice are listed in the NRC Safety Evaluation Report (Accession No. ML081210718). If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room

(PDR)Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* These documents may also be viewed electronically on the public computers located at the NRC's PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Lisle, Illinois, this 1st day of May 2008. For the Nuclear Regulatory Commission. Patrick L. Louden, Chief, Decommissioning Branch, Division of Nuclear Materials Safety, Region III. [FR Doc. E8-10281 Filed 5-7-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos. 70-7001 And 70-7002] Paducah Gaseous Diffusion Plant; Portsmouth Gaseous Diffusion Plant; United States Enrichment Corporation; Notice of Request for Certificate Renewal and Opportunity for Comment I. Receipt of Application and Availability of Documents Notice is hereby given that the U. S. Nuclear Regulatory Commission (NRC or the Commission) has received by letters dated April 10, 2008, applications from the United States Enrichment Corporation

(USEC)for the renewal of the 10 CFR Part 76 certificates of compliance for the gaseous diffusion plants

(GDPs)located near Paducah, Kentucky and Piketon, Ohio. The NRC issued the initial certificates of compliance for the GDPs on November 26, 1996 and assumed regulatory oversight for the GDPs on March 3, 1997. The GDPs were last issued renewed certificates of compliance on December 29, 2003 and those certificates expire December 31, 2008. The USEC renewal requests are for a five-year period, extending from the current expiration date of December 31, 2008 to December 31, 2013. The USEC applications for renewal do not contain any other changes to the existing Application and Safety Analysis Report. The USEC application for the renewal of the Paducah Gaseous Diffusion Plant is based on USEC's previous application, as revised through Revision 111 dated April 4, 2008. No additional changes to the application are requested. The USEC application for the renewal of the Portsmouth Gaseous Diffusion Plant is based on USEC's previous application, as revised through Revision 89 dated April 15, 2008. No additional changes to the application are requested. Copies of the renewal application for certification (except for classified and proprietary portions which are withheld in accordance with 10 CFR 2.390, “Availability of Public Records”) are available for inspection at NRC's Public Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html* (ML081070220 and ML081070229). Documents may also be examined and/or copied for a fee, at the NRC's Public Document Room, located at One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. II. Notice of Comment Period Pursuant to 10 CFR 76.37(b), any interested party may submit written comments on the application for renewal of the certificate of compliance, for either the Paducah plant or the Portsmouth plant for consideration by the staff. To be certain of consideration, comments must be received by June 9, 2008. Comments received after the due date will be considered, if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date. Written comments on the application should be mailed to the Chief, Rules Review and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555, or may be hand delivered to 11545 Rockville Pike, Rockville, MD 20852 between 7:45 a.m. and 4:15 p.m. Federal workdays. Comments should be legible and reproducible and include the name, affiliation (if any) and address of the comment provider. All comments received by the Commission will be made available for public inspection at the Commission's Public Document Room located in Rockville, MD. In addition, the NRC will conduct public meetings, in the vicinity of both GDPs, in May and June of 2008. Notice of the meetings will be posted on the NRC Web site, *http://www.nrc.gov/public-involve/public-meetings/index.cfm* . Following evaluation of USEC's applications for renewal and any public comments received, the NRC staff will issue a written Director's decision and publish notice of the decision in the **Federal Register** . Upon publication of the notice of decision, any person whose interest may be affected may then request review of the decision within 30 days, pursuant to 10 CFR 76.62(c) or 76.64(d), whichever applies. III. Further Information For further information, please contact Mr. Michael G. Raddatz, at

(301)492-3108 of the Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Dated at Rockville, Maryland, this 29th day of April, 2008. For the Nuclear Regulatory Commission. Michael F. Weber, Director, Office of Nuclear Material Safety and Safeguards. [FR Doc. E8-10284 Filed 5-7-08; 8:45 am] BILLING CODE 7590-01-P OFFICE OF PERSONNEL MANAGEMENT Excepted Service AGENCY: U.S. Office of Personnel Management (OPM). ACTION: Notice. SUMMARY: This gives notice of OPM decisions granting authority to make appointments under Schedules A, B, and C in the excepted service as required by 5 CFR 6.6 and 213.103. FOR FURTHER INFORMATION CONTACT: C. Penn, Group Manager, Executive Resources Services Group, Center for Human Resources, Division for Human Capital Leadership and Merit System Accountability, 202-606-2246. SUPPLEMENTARY INFORMATION: Appearing in the listing below are the individual authorities established under Schedules A, B, and C between March 1, 2008, and March 31, 2008. Future notices will be published on the fourth Tuesday of each month, or as soon as possible thereafter. A consolidated listing of all authorities as of June 30 is published each year. Schedule A No Schedule A appointments were approved for March 2008. Schedule B No Schedule B appointments were approved for March 2008. Schedule C The following Schedule C appointments were approved during March 2008. Section 213.3303 Executive Office of the President Office of Management and Budget BOGS80003 Deputy to the Associate Director for Legislative Affairs. Effective March 10, 2008. Section 213.3304 Department of State DSGS61259 Public Affairs Specialist to the Principal Deputy Assistant Secretary. Effective March 06, 2008. DSGS69726 Protocol Officer to the Foreign Affairs Officer (Visits). Effective March 11, 2008. DSGS61040 Staff Assistant to the Deputy Assistant Secretary. Effective March 19, 2008. DSGS69727 Special Assistant to the Deputy Assistant Secretary. Effective March 26, 2008. DSGS69728 Legislative Management Officer to the Deputy Assistant Secretary. Effective March 26, 2008. Section 213.3305 Department of the Treasury DYGS60401 Special Assistant to the Chief of Staff. Effective March 07, 2008. DYGS60307 Senior Advisor to the Treasurer of the United States. Effective March 14, 2008. DYGS60381 Special Assistant to the Deputy Assistant Secretary for Legislative Affairs (International). Effective March 25, 2008. Section 213.3306 Department of Defense DDGS17137 Special Assistant to the Assistant Secretary of Defense (Legislative Affairs). Effective March 06, 2008. DDGS17138 Special Assistant to the Principal Deputy Assistant Secretary of Defense (Asian and Pacific Security Affairs). Effective March 06, 2008. DDGS17139 Special Assistant to the Assistant Secretary of Defense (Legislative Affairs). Effective March 06, 2008. DDGS17140 Public Affairs Analyst to the Public Affairs Specialist. Effective March 06, 2008. DDGS17142 Defense Fellow to the Special Assistant to the Secretary of Defense for White House Liaison. Effective March 07, 2008. DDGS17141 Special Assistant for Research to the Supervisory Speechwriter. Effective March 10, 2008. DDGS17136 Special Assistant to the Assistant Secretary of Defense (Special Operations/Low Intensity Conflict and Interdependent Capabilities). Effective March 18, 2008. DDGS17143 Defense Fellow to the Special Assistant to the Secretary of Defense for White House Liaison. Effective March 20, 2008. DDGS17144 Personal and Confidential Assistant to the Under Secretary of Defense (Comptroller). Effective March 20, 2008. Section 213.3307 Department of the Army DWGS00092 Special Assistant to the General Counsel. Effective March 07, 2008. DWGS00090 Special Assistant to the General Counsel. Effective March 10, 2008. DWGS00095 Personal and Confidential Assistant (Installations and Environment) to the Assistant Secretary of the Army (Installations and Environment). Effective March 14, 2008. DWGS00096 Personal and Confidential Assistant to the Deputy Under Secretary of the Army. Effective March 14, 2008. Section 213.3308 Department of the Navy DNGS08115 Staff Assistant (Policy) to the Deputy Under Secretary of the Navy. Effective March 31, 2008. DNGS08116 Staff Assistant (Policy) to the Deputy Under Secretary of the Navy. Effective March 31, 2008. Section 213.3309 Department of the Air Force DFGS00011 Director for Strategic Initiatives to the Assistant Secretary (Financial Management and Comptroller). Effective March 04, 2008. DFGS60047 Financial Management Specialist to the Assistant Secretary (Financial Management and Comptroller). Effective March 04, 2008. Section 213.3310 Department of Justice DJGS00204 Senior Counsel to the Deputy Attorney General. Effective March 07, 2008. DJGS00086 Senior Press Assistant to the Director, Office of Public Affairs. Effective March 14, 2008. DJGS00081 Special Assistant to the Chairman Effective March 21, 2008. DJGS00106 Special Assistant and Media Affairs Coordinator to the Assistant Attorney General. Effective March 21, 2008. DJGS00318 Press Assistant to the Director, Office of Public Affairs. Effective March 21, 2008. DJGS00084 Senior Counsel to the Assistant Attorney General Environment and Natural Resources. Effective March 26, 2008. DJGS00082 Special Assistant to the Assistant Attorney General Environment and Natural Resources. Effective March 28, 2008. Section 213.3311 Department of Homeland Security DMGS00523 Special Assistant to the Assistant Secretary, Immigration and Customs Enforcement. Effective March 21, 2008. Section 213.3312 Department of the Interior DIGS01116 Special Assistant to the Director, External and Intergovernmental Affairs. Effective March 05, 2008. DIGS01118 Special Assistant—Scheduling and Advance to the Director—Scheduling and Advance. Effective March 20, 2008. DIGS01119 Special Assistant—Fish and Wildlife and Parks to the Special Assistant. Effective March 20, 2008. DIGS01120 Special Assistant to the Director—Scheduling and Advance. Effective March 20, 2008. DIGS01117 Director of Scheduling and Advance to the Chief of Staff. Effective March 27, 2008. Section 213.3313 Department of Agriculture DAGS00938 Director of Communications and Governmental Affairs to the Administrator, Food and Nutrition Service. Effective March 11, 2008. DAGS00937 Chief of Staff to the Chief, Natural Resources Conservation Service. Effective March 12, 2008. DAGS00936 Special Assistant to the Administrator, Rural Housing Service. Effective March 14, 2008. DAGS00939 Staff Assistant to the Director of External Affairs. Effective March 26, 2008. DAGS00940 Special Assistant to the Administrator. Effective March 26, 2008. Section 213.3314 Department of Commerce DCGS00469 Deputy Director to the Director Office of White House Liaison. Effective March 11, 2008. DCGS60321 Director of Public Affairs to the Under Secretary for International Trade. Effective March 11, 2008. DCGS00435 Confidential Assistant to the Deputy Secretary. Effective March 14, 2008. DCGS60532 Senior Counsel to the General Counsel. Effective March 14, 2008. Section 213.3315 Department of Labor DLGS60132 Senior Advisor to the Associate Deputy Secretary. Effective March 04, 2008. DLGS60135 Agency Liaison Officer to the Executive Secretary. Effective March 04, 2008. DLGS60015 Intergovernmental Assistant to the Assistant Secretary for Congressional and Intergovernmental Affairs. Effective March 13, 2008. DLGS60260 Staff Assistant to the Director, 21st Century Office and Deputy Assistant Secretary for Intergovernmental Affairs. Effective March 13, 2008. DLGS60175 Special Assistant to the Counselor In the Office of the Secretary. Effective March 28, 2008. Section 213.3316 Department of Health and Human Services DHGS60011 Special Assistant to the Commissioner of Food and Drugs. Effective March 04, 2008. DHGS60374 Confidential Assistant to the Executive Secretary to the Department. Effective March 11, 2008. Section 213.3317 Department of Education DBGS00467 Director, Faith-Based and Community Initiatives Center to the Chief of Staff. Effective March 04, 2008. DBGS00262 Confidential Assistant to the Special Assistant. Effective March 05, 2008. DBGS00626 Confidential Assistant to the Special Assistant. Effective March 13, 2008. DBGS00200 Special Assistant to the Special Assistant. Effective March 21, 2008. Section 213.3325 United States Tax Court JCGS60066 Trial Clerk to the Chief Judge. Effective March 07, 2008. Section 213.3331 Department of Energy DEGS00642 Special Assistant to the Assistant Secretary (Electricity Delivery and Energy Reliability). Effective March 10, 2008. DEGS00641 Special Assistant to the Assistant Secretary (Electricity Delivery and Energy Reliability). Effective March 11, 2008. DEGS00644 Senior Advisor for Intergovernmental Affairs to the Director of Congressional Intergovernmental and Public Affairs. Effective March 19, 2008. DEGS00645 Deputy Press Secretary to the Director, Public Affairs. Effective March 19, 2008. Section 213.3332 Small Business Administration SBGS00655 Director of Scheduling to the Chief of Staff. Effective March 13, 2008. SBGS00657 Counselor to the Deputy Administrator Effective March 26, 2008. SBGS00660 Research Analyst to the Deputy Associate Administrator for Office of Communications and Public Liaison. Effective March 25, 2008. SBGS00662 Deputy Assistant Administrator for Congressional and Legislative Affairs to the Assistant Administrator for Congressional and Legislative Affairs. Effective March 26, 2008. SBGS00663 Assistant Administrator for Policy and Strategic Planning to the Chief of Staff. Effective March 26, 2008. SBGS00665 Congressional Liaison to the Assistant Administrator for Congressional and Legislative Affairs. Effective March 26, 2008. SBGS00664 Senior Advisor to the Administrator to the Chief of Staff. Effective March 28, 2008. Section 213.3337 General Services Administration GSGS60100 Deputy Associate Administrator for Performance Improvement to the Associate Administrator for Performance Improvement. Effective March 28, 2008. Section 213.3342 Export-Import Bank EBGS44070 Administrative Assistant to the Member Board of Directors. Effective March 07, 2008. Section 213.3379 Commodity Futures Trading Commission CTOT00089 Administrative Assistant to the Commissioner. Effective March 26, 2008. Section 213.3391 Office of Personnel Management PMGS30993 Special Assistant to the Director, Office of Communications and Public Liaison. Effective March 24, 2008. PMGS30995 Special Assistant to the Director, Office of Communications and Public Liaison. Effective March 24, 2008. Section 213.3392 Federal Labor Relations Authority FAGS00001 Management Assistant to the Chairman. Effective March 14, 2008. Section 213.3394 Department of Transportation DTGS60237 Press Secretary to the Assistant to the Secretary and Director of Public Affairs. Effective March 11, 2008. DTGS60017 Assistant to the Secretary for Policy to the Secretary. Effective March 26, 2008. Authority: 5 U.S.C. 3301 and 3302; E.O. 10577, 3 CFR 1954-1958 Comp., p. 218. Office of Personnel Management. Howard C. Weizmann, Deputy Director. [FR Doc. E8-10221 Filed 5-7-08; 8:45 am] BILLING CODE 6325-39-P POSTAL SERVICE Privacy Act of 1974; System of Records AGENCY: Postal Service. TM ACTION: Notice of modifications to three existing systems of records. SUMMARY: The Postal Service proposes to revise the following existing systems of records titled, “USPS 810.100, *http://www.usps.com Registration* ,” “USPS 810.200, *http://www.usps.com Ordering, Payment and Fulfillment* ,” and “USPS 860.000, *Financial Transactions.* ” The modifications clarify user information in Categories of Records in the System, Purpose, Retention and Disposal and Systems Manager(s). *Background:* The Postal Service's commitment to universal service is based on a foundation of providing secure products and services to postal customers. As a trusted organization, the Postal Service faces a variety of security challenges which require investigative, preventive, and security responses. The Postal Service works collaboratively with internal and external groups to ensure new postal products and services are secure, thus maintaining customers' confidence in the mail and satisfying their personal and business needs. This includes providing postal customers with secure access to products and services in all channels. As online access to retail products and services has grown, new types of fraudulent activities have emerged to challenge the security of online transactions. The Postal Service has responded by developing fraud prevention initiatives designed to protect the security of financial transactions on usps.com. These initiatives include enhanced capabilities for ensuring the accuracy and security of credit card transactions conducted by national and international customers on usps.com. Modifications to the systems of records will be reflected in the Categories of Records in the System as it relates to business-specific and user information, purpose, and retention and disposal of online user information. DATES: The revisions will become effective without further notice on June 9, 2008 unless comments received on or before that date result in a contrary determination. ADDRESSES: Comments may be mailed or delivered to the Records Office, United States Postal Service, 475 L'Enfant Plaza, SW., Room 5821, Washington, DC 20260-2200. Copies of all written comments will be available at this address for public inspection and photocopying between 8 a.m. and 4 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: Deborah D. Hubbard, 202-268-7119. SUPPLEMENTARY INFORMATION: This notice is in accordance with the Privacy Act requirement that agencies publish their amended systems of records in the **Federal Register** when there is a revision, change, or addition. The Postal Service has reviewed its systems of records and has determined that USPS 810.100, *http://www.usps.com Registration,* should be revised to modify existing categories of records in the system, and retention and disposal of such records. Collection, retention, and disposal of user information will be added to enhance the understanding and fulfillment of customer needs and for ensuring the security of registration transactions conducted on usps.com. In addition, the Postal Service has reviewed its systems of records and has determined that USPS 810.200, *http://www.usps.com Ordering, Payment and Fulfillment,* should be revised to modify existing categories of records in the system, purpose, and retention and disposal of such records. Categories of records in the system will be revised to include online user information. The purpose of collection will be revised to support law enforcement investigations, and retention and disposal of this information will be added. The Postal Service has also determined that USPS 860.000, *Financial Transactions,* should be revised to include online user information within the categories of records in the system. The purpose of collection will be revised to support law enforcement investigations, and retention and disposal of this information will be added. Privacy Act Systems of Records USPS 810.100, USPS 810.200, and USPS 860.000 were originally published in the **Federal Register** on April 29, 2005 (70 FR 22548). The Postal Service proposes amending the systems as shown below: USPS 810.100, http://www.usps.com Registration CATEGORIES OF RECORDS IN THE SYSTEM AND RETENTION AND DISPOSAL: *[Revise to read as follows:]* Categories of Records in the System will be changed to read: 7. Online user information: Internet Protocol

(IP)address, domain name, operating system versions, browser version, date and time of connection, and geographic location. Retention and Disposal will be changed to read: 4. Online user information may be retained for 6 months. Additionally, the System Manager(s) title has been changed to Chief Marketing Officer and Executive Vice President. USPS 810.200, http://www.usps.com Ordering, Payment and Fulfillment CATEGORIES OF RECORDS IN THE SYSTEM, PURPOSE, RETENTION AND DISPOSAL, AND SYSTEM MANAGER: *[Revise to read as follows:]* Categories of Records in the System will be changed to read: 5. Online user information: Internet Protocol

(IP)address, domain name, operating system version, browser version, date and time of connection, and geographic location. Purpose will be changed to read: 5. To support investigations related to law enforcement for fraudulent financial transactions. Retention and Disposal will be changed to read: 3. Online user information may be retained for 6 months. Additionally, the System Manager(s) and Address will reflect the following addition: Chief Financial Officer and Executive Vice President, 475 L'Enfant Plaza, SW., Washington, DC 20260. Also, the existing System Manager's title has been changed to Chief Marketing Officer and Executive Vice President. USPS 860.000, Financial Transactions CATEGORIES OF RECORDS IN THE SYSTEM, PURPOSE AND RETENTION AND DISPOSAL AND SYSTEM MANAGER: *[Revise to read as follows:]* Categories of Records in the System will be changed to read: 7. Online user information: Internet Protocol

(IP)address, domain name, operating system version, browser version, date and time of connection, and geographic location. Purpose will be changed to read: 4. To support investigations related to law enforcement for fraudulent financial transactions. Retention and Disposal will be changed to read: 8. Online user information may be retained for 6 months. Additionally, the System Manager(s) title has been changed to Chief Marketing Officer and Executive Vice President. USPS 810.100, http://www.usps.com Registration System Location: Computer Operations Service Centers. Categories of Individuals Covered by the System: Customers who register via the USPS Web site at *http://www.usps.com.* Categories of Records in the System: 1. *Customer information:* Name; customer ID(s); company name; job title and role; home, business, and billing address; home and business phone and fax number; e-mail; URL; and Automated Clearing House

(ACH)information. 2. *Identity verification information:* Question, answer, username, user ID, and password. 3. *Business-specific information:* Business type and location, business IDs, annual revenue, number of employees, industry, nonprofit rate status, product usage information, annual and/or monthly shipping budget, payment method and information, planned use of product, and age of Web site. 4. *Customer preferences:* Preferences to receive USPS marketing information, preferences to receive marketing information from USPS partners, preferred means of contact, preferred e-mail format, product and/or service marketing preference. 5. *Customer feedback:* Method of referral to Web site. 6. *Registration information:* Date of registration. 7. *Online user Information:* Internet Protocol

(IP)address, domain name, operating system versions, browser version, date and time of connection, and geographic location. Authority for Maintenance of the System: 39 U.S.C. 401, 403, and 404. Purpose(s): 1. To provide online registration with single sign on services for customers. 2. To obtain accurate contact information in order to deliver requested products, services, and other material. 3. To authenticate customer logon information for *http://www.usps.com.* 4. To permit customer feedback in order to improve *http://www.usps.com* or USPS products and services. 5. To enhance understanding and fulfillment of customer needs. Routine Uses of Records in the System, Including Categories of Users and the Purposes of Such Uses: Standard routine uses 1 through 7, 10, and 11 apply. Policies and Practices for Storing, Retrieving, Accessing, Retaining, and Disposing of Records in the System: Storage: Automated database, computer storage media, and paper. Retrievability: By customer name, customer ID(s), phone number, or mail or e-mail address. Safeguards: Paper records, computers, and computer storage media are located in controlled-access areas under supervision of program personnel. Access to these areas is limited to authorized personnel, who must be identified with a badge. Access to records is limited to individuals whose official duties require such access. Contractors and licensees are subject to contract controls and unannounced on-site audits and inspections. Computers are protected by mechanical locks, card key systems, or other physical access control methods. The use of computer systems is regulated with installed security software, computer logon identifications, and operating system controls including access controls, terminal and transaction logging, and file management software. Online data transmissions are protected by encryption. For small business registration, computer storage tapes and disks are maintained in controlled-access areas or under general scrutiny of program personnel. Access is controlled by logon ID and password as authorized by the Marketing organization via secure Web site. Online data transmissions are protected by encryption. Retention and Disposal: 1. ACH records are retained up to 2 years. 2. Records stored in the registration database are retained until the customer cancels the profile record, 3 years after the customer last accesses records, or until the relationship ends. 3. For small business registration, records are retained 5 years after the relationship ends. 4. Online user information may be retained for 6 months. Records existing on paper are destroyed by burning, pulping, or shredding. Records existing on computer storage media are destroyed according to the applicable USPS media sanitization practice. System Manager(s) and Address: Chief Marketing Officer and Executive Vice President, United States Postal Service, 475 L'Enfant Plaza SW., Washington, DC 20260. Notification Procedure: Customers wanting to know if information about them is maintained in this system of records must address inquiries in writing to the system manager. Inquiries must contain name, address, and other identifying information. Record Access Procedures: Requests for access must be made in accordance with the Notification Procedure above and USPS Privacy Act regulations regarding access to records and verification of identity under 39 CFR 266.6. Contesting Record Procedures: See Notification Procedure and Record Access Procedures above. Record Source Categories: Customers. USPS 810.200, http://www.usps.com Ordering, Payment, and Fulfillment System Location: Computer Operations Service Centers. Categories of Individuals Covered by the System: Customers who place orders and/or make payment for USPS products and services through *http://www.usps.com.* Categories of Records in the System: 1. *Customer information:* Name, customer ID(s), phone and/or fax number, mail address and e-mail address. 2. *Payment information:* Credit and/or debit card number, type, and expiration date, billing information, ACH information. 3. *Shipping and transaction information:* Product and/or service ID numbers, descriptions, and prices; name and address(es) of recipients; order number and delivery status; electronic address lists; electronic documents or images; job number. 4. Claims submitted for defective merchandise. 5. *Online user information:* Internet Protocol

(IP)address, domain name, operating system versions, browser version, date and time of connection, and geographic location. Authority for Maintenance of the System: 39 U.S.C. 401, 403, and 404. Purpose(s): 1. To fulfill orders for USPS products and services. 2. To promote increased use of the mail by providing electronic document preparation and mailing services for customers. 3. To provide shipping supplies and services, including return receipts and labels. 4. To provide recurring ordering and payment services for products and services. 5. To support investigations related to law enforcement for fraudulent financial transactions. Routine Uses of Records in the System, Including Categories of Users and the Purposes of Such Uses: Standard routine uses 1 through 7, 10, and 11 apply. In addition: a. Customs declaration records may be disclosed to domestic and foreign customs officials pursuant to 19 U.S.C. 2071

(note)and international agreements or regulations. Policies and Practices for Storing, Retrieving, Accessing, Retaining, and Disposing of Records in the System: Storage: Automated databases, computer storage media, and paper. Retrievability: By customer name, customer ID(s), phone number, mail or e-mail address, or job number. Safeguards: Paper records, computers, and computer storage media are located in controlled-access areas under supervision of program personnel. Access to these areas is limited to authorized personnel, who must be identified with a badge. Access to records is limited to individuals whose official duties require such access. Contractors and licensees are subject to contract controls and unannounced on-site audits and inspections. Computers are protected by mechanical locks, card key systems, or other physical access control methods. The use of computer systems is regulated with installed security software, computer logon identifications, and operating system controls including access controls, terminal and transaction logging, and file management software. Online data transmission is protected by encryption, dedicated lines, and authorized access codes. For shipping supplies, data is protected within a stand-alone system within a controlled-access facility. Retention and Disposal: 1. Records related to mailing online and online tracking and/or confirmation services supporting a customer order are retained for up to 30 days from completion of fulfillment of the order, unless retained longer by request of the customer. Records related to shipping services and domestic and international labels are retained up to 90 days. Delivery Confirmation and return receipt records are retained for 6 months. Signature Confirmation records are retained for 1 year. ACH records are retained for up to 2 years. 2. Other customer records are retained for 3 years after the customer relationship ends. 3. Online user information may be retained for 6 months. Records existing on paper are destroyed by burning, pulping, or shredding. Records existing on computer storage media are destroyed according to the applicable USPS media sanitization practice. System Manager(s) and Address: Chief Financial Officer and Executive Vice President, 475 L'Enfant Plaza, SW., Washington, DC 20260. Chief Marketing Officer and Executive Vice President, United States Postal Service, 475 L'Enfant Plaza SW., Washington, DC 20260. Notification Procedure: Customers wanting to know if information about them is maintained in this system of records must address inquiries in writing to the system manager. Inquiries must contain name, address, customer ID(s), and order number, if known. Record Access Procedures: Requests for access must be made in accordance with the Notification Procedure above and USPS Privacy Act regulations regarding access to records and verification of identity under 39 CFR 266.6. Contesting Record Procedures: See Notification Procedure and Record Access Procedures above. Record Source Categories: Customers. USPS 860.000, Financial Transactions System Location: USPS Headquarters; Integrated Business Solutions Services Centers; Accounting Service Centers; anti-money laundering support group; and contractor sites. Categories of Individuals Covered by the System: 1. Customers who use online payment or funds transfer services. 2. Customers who file claims or make inquiries related to online payment services, funds transfers, money orders, and stored-value cards. 3. Customers who purchase funds transfers or stored-value cards in an amount of $1000 or more per day, or money orders in an amount of $3000 or more per day, or who purchase or redeem any such services in a manner requiring collection of information as potential suspicious activities under anti-money laundering requirements. Recipients of funds transfers and the beneficiaries of funds from money orders totaling $10,000 in 1 day. Categories of Records in the System: 1. *Customer information:* Name, customer ID(s), mail and e-mail address, telephone number, occupation, type of business, and customer history. 2. *Identity verification information:* Date of birth, username and/or ID, password, Social Security Number

(SSN)or tax ID number, and driver's license number (or other type of ID if driver's license is not available, such as Alien Registration Number, Passport Number, Military ID, Tax ID Number). (Note: For online payment services, SSNs are collected, but not retained, in order to verify ID.) 3. *Billers registered for online payment services:* Biller name and contact information, bill detail, and bill summaries. 4. *Transaction information:* Name, address, and phone number of purchaser, payee, and biller; amount, date, and location; credit and/or debit card number, type, and expiration; sales, refunds, and fees; type of service selected and status; sender and recipient bank account and routing number; bill detail and summaries; transaction number, serial number, and/or reference number or other identifying number, pay out agent name and address; type of payment, currency, and exchange rate; Post Office information such as location, phone number, and terminal; employee ID numbers, license number and state, and employee comments. 5. *Information to determine credit worthiness:* Period at current residence, previous address, and period of time with same phone number. 6. *Information related to claims and inquiries:* Name, address, phone number, signature, SSN, location where product was purchased, date of issue, amount, serial number, and claim number. 7. *Online user information:* Internet Protocol

(IP)address, domain name, operating system versions, browser version, date and time of connection, and geographic location. Authority for Maintenance of the System: 39 U.S.C. 401, 403, and 404; 31 U.S.C. 5318, 5325, 5331, and 7701. Purpose(s): 1. To provide financial products and services. 2. To respond to inquiries and claims related to financial products and services. 3. To fulfill requirements of anti-money laundering statutes and regulations. 4. To support investigations related to law enforcement for fraudulent financial transactions. Routine Uses of Records in the System, Including Categories of Users and the Purposes of Such Uses: Standard routine uses 1 through 7, 10, and 11 apply. Legally required disclosures to agencies for law enforcement purposes include disclosures of information relating to money orders, funds transfers, and stored-value cards as required by anti-money laundering statutes and regulations. Policies and Practices for Storing, Retrieving, Accessing, Retaining, and Disposing of Records in the System: Storage: Automated database, computer storage media, microfiche, and paper. Retrievability: For online payment and funds transfer services, information is retrieved by customer name, customer ID(s), transaction number, or address. Claim information is retrieved by name of purchaser or payee, claim number, serial number, transaction number, check number, customer ID(s), or ZIP Code. Information related to anti-money laundering is retrieved by customer name; SSN; alien registration, passport, or driver's license number; serial number; transaction number; ZIP Code; transaction date; data entry operator number; and employee comments. Safeguards: Paper records, computers, and computer storage media are located in controlled-access areas under supervision of program personnel. Access to these areas is limited to authorized personnel, who must be identified with a badge. Access to records is limited to individuals whose official duties require such access. Contractors and licensees are subject to contract controls and unannounced on-site audits and inspections. Computers are protected by mechanical locks, card key systems, or other physical access control methods. The use of computer systems is regulated with installed security software, computer logon identifications, and operating system controls including access controls, terminal and transaction logging, and file management software. Online data transmissions are protected by encryption. Retention and Disposal: 1. Summary records, including bill due date, bill amount, biller information, biller representation of account number, and the various status indicators, are retained 2 years from the date of processing. 2. For funds transfers, transaction records are retained 3 years. 3. Records related to claims are retained up to 3 years from date of final action on the claim. 4. Forms related to fulfillment of anti-money laundering requirements are retained 5 years from the end of the calendar quarter in which they were created. 5. Related automated records are retained the same 5-year period and purged from the system quarterly after the date of creation. 6. Enrollment records related to online payment services are retained 7 years after the subscriber's account ceases to be active or the service is cancelled. 7. Account banking records, including payment history, Demand Deposit Account

(DDA)number, and routing number, are retained 7 years from the date of processing. 8. Online user information may be retained for 6 months. Records existing on paper are destroyed by burning, pulping, or shredding. Records existing on computer storage media are destroyed according to the applicable USPS media sanitization practice. System Manager(s) and Address: Chief Financial Officer and Executive Vice President, 475 L'Enfant Plaza, SW., Washington DC 20260. Chief Marketing Officer and Executive Vice President, United States Postal Service, 475 L'Enfant Plaza, SW., Washington, DC 20260. Notification Procedure: For online payment services, funds transfers, and stored-value cards, individuals wanting to know if information about them is maintained in this system must address inquiries in writing to the Chief Marketing Officer. Inquiries must contain name, address, and other identifying information, as well as the transaction number for funds transfers. For money order claims and anti-money laundering documentation, inquiries should be addressed to the Chief Financial Officer. Inquiries must include name, address, or other identifying information of the purchaser (such as driver's license, Alien Registration Number, Passport Number, etc.), and serial or transaction number. Information collected for anti-money laundering purposes will only be provided in accordance with Federal anti-money laundering laws and regulations. Record Access Procedures: Requests for access must be made in accordance with the Notification Procedure above and USPS Privacy Act regulations regarding access to records and verification of identity under 39 CFR 266.6. Contesting Record Procedures: See Notification Procedure and Record Access Procedures above. Record Source Categories: Customers, recipients, financial institutions, and USPS employees. Systems Exempted From Certain Provisions of the Act: USPS has established regulations at 39 CFR 266.9 that exempt information contained in this system of records from various provisions of the Privacy Act in order to conform to the prohibition in the Bank Secrecy Act, 31 U.S.C. 5318(g)(2), against notification of the individual that a suspicious transaction has been reported. Neva R. Watson, Attorney, Legislative. [FR Doc. E8-10183 Filed 5-7-08; 8:45 am] BILLING CODE 7710-12-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57757; File No. SR-BSE-2008-23] Self-Regulatory Organizations; Boston Stock Exchange, Incorporated; Notice of Filing of Proposed Rule Change Relating to the Acquisition of the Boston Stock Exchange, Incorporated by The NASDAQ OMX Group, Inc. May 1, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on April 21, 2008, the Boston Stock Exchange, Incorporated (“Exchange” or “BSE”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change *The Exchange proposes:*

(i)To amend and restate its Certificate of Incorporation and its Constitution in their entirety to reflect the planned acquisition of the Exchange by The NASDAQ OMX Group, Inc. (“NASDAQ OMX”);

(ii)to redesignate its Constitution as the By-Laws of the Exchange (“By-Laws”);

(iii)to amend the governance framework of Boston Options Exchange Regulation, LLC (“BOXR”) by adopting a written operating agreement and amending the BOXR by-laws (“BOXR By-Laws”);

(iv)to obtain approval for a change of control of BSX Group, LLC (“BSX”) and make related amendments to the Third Amended and Restated Operating Agreement of BSX;

(v)to adopt two related rules; and

(vi)to obtain Commission approval for affiliation between the Exchange and certain broker-dealer subsidiaries of NASDAQ OMX. The text of the proposed rule change is available on the Exchange's Web site ( *http://www.bostonstock.com* ), at the Exchange, and at the Commission's Public Reference Room. The text of Exhibit 5 of the proposed rule change is also available on the Commission's Web site ( *http://www.sec.gov/rules/sro.shtml* ). II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Merger On October 2, 2007, the Exchange announced that it had entered into an agreement with The Nasdaq Stock Market, Inc. (now NASDAQ OMX) pursuant to which NASDAQ OMX will acquire all of the outstanding membership interests in the Exchange and the Exchange will be merged with and into Yellow Merger Corporation, a Delaware corporation and wholly owned subsidiary of NASDAQ OMX, with the Exchange surviving the merger (“Merger”). As a result of the Merger, the Exchange will become a Delaware stock corporation, with 100% of its outstanding stock owned by NASDAQ OMX. Exchange Members will receive cash as consideration for their ownership interests, and therefore will not retain ownership interests in the Exchange or its affiliates. NASDAQ OMX will then operate the Exchange as a wholly owned subsidiary, with rules, membership rosters, and listings that are separate and distinct from the rules, membership rosters, and listings of The NASDAQ Stock Market LLC (“Nasdaq Exchange”). The Exchange will propose substantial amendments to its rules in a separate filing. To reflect its changed status from an independent membership corporation to a wholly owned stock corporation, the Exchange proposes to amend and restate its Certificate of Incorporation and its Constitution in their entirety. The amended Constitution will be redesignated as the By-Laws of the Exchange. In addition, the Exchange proposes to adopt two new rules to reflect its status as a subsidiary of NASDAQ OMX, which is a public company. The Exchange also proposes to amend the governance framework of BOXR by adopting a written operating agreement (the Amended and Restated Limited Liability Company Agreement of Boston Options Exchange Regulation, LLC (“BOXR LLC Agreement”)) and amending the BOXR By-Laws. BOXR is a wholly owned subsidiary of the Exchange that regulates the Boston Options Exchange (“BOX”), an electronic options market operated as a facility of the Exchange by Boston Options Exchange Group LLC (“BOX LLC”). BOX LLC was established in 2002 as a joint venture among the Exchange, Bourse de Montréal (“MX”), and several other investors. The Exchange has agreed to sell its equity interest in BOX LLC to MX, but the Exchange will continue to regulate BOX through BOXR for a period of time following the Merger. BOXR's operations are governed by a Plan of Delegation of Functions and Authority by the Exchange to BOXR and by its by-laws, both of which are rules of the Exchange approved by the Commission. The BOXR LLC Agreement, and the BOXR By-Law amendments reflect changes that will be made to the governance and management of BOXR as it remains the designated entity that will regulate the BOX market until alternative arrangements acceptable to the Commission are made. The amendments to the BOXR By-Laws also make technical amendments to conform to the changes proposed to the Exchange Constitution. 3 3 In a separate filing (SR-BSE-2008-27), the Exchange is proposing to amend the BOX LLC Operating Agreement and to adopt resolutions establishing an independent committee of the Exchange's Board of Governors (to be redesignated as the Board of Directors) that will review BOX rule changes and certain other BOX-related regulatory matters. In addition, the Exchange has submitted a filing to amend the Exchange's Certificate to allow for the distribution of the net proceeds from the Exchange's intended sale of its equity interests in BOX (SR-BSE-2008-02). Finally, under Section 8.1 of the Third Amended and Restated Operating Agreement of BSX dated March 13, 2007 (“BSX Operating Agreement”), the Exchange must obtain Commission approval for certain transfers of ownership interests in BSX. In connection with the Merger, NASDAQ OMX will acquire direct interests in BSX, which, together with the Exchange's interests, will result in BSX becoming a wholly owned subsidiary of NASDAQ OMX. Specifically, following the Merger, the Exchange will continue to own “Units” of ownership interest in BSX equivalent to 53.21% of the outstanding Units, while NASDAQ OMX will own the remaining 46.79%. Accordingly, the filing seeks approval for this transfer. The filing also proposes amendments to the BSX Operating Agreement to reflect BSX's acquisition. Exchange Certificate of Incorporation Article First and Second of the amended and restated Certificate (as proposed to be amended and restated, the “Restated Certificate”) state the name and registered agent of the Exchange. Although NASDAQ OMX may propose to change the name of the Exchange in the future, at closing, the name of the Exchange will remain “Boston Stock Exchange, Incorporated.” Article Third of the Restated Certificate provides that the Exchange may engage in any lawful act or activity for which corporations may be organized under the General Corporation Law of the State of Delaware and any and all activities necessary or incidental to the foregoing. Without limiting these general powers, Article Third also specifically provides that the Exchange's activities shall include actions that support its regulatory responsibilities under the Act. 4 4 In a separate filing (SR-NASDAQ-2008-035), NASDAQ OMX is proposing to amend its by-laws to reflect the proposed acquisition of the Exchange. The proposed amendments include, among other protections, a stipulation that for so long as NASDAQ OMX shall control the Exchange, the board of directors, officers, employees and agents of NASDAQ OMX shall give due regard to the preservation of the independence of the self-regulatory function of the Exchange and to its obligations to investors and the general public and shall not take any actions which would interfere with the effectuation of any decisions by the board of directors of the Exchange relating to its regulatory functions (including disciplinary matters) or the market structure which it regulates or which would interfere with the ability of the Exchange to carry out its responsibilities under the Act. Article Fourth of the Restated Certificate provides that the Exchange is authorized to issue 1,000 shares of common stock, par value $0.01, all of which shall be held by NASDAQ OMX. The Restated Certificate further provides that NASDAQ OMX may not transfer or assign any shares of stock of the Exchange, in whole or in part, to any entity, unless such transfer or assignment shall be filed with and approved by the Commission under Section 19 of the Act and the rules promulgated thereunder. Article Fifth pertains to the governing board of the Exchange, which is being designated as a Board of Directors (“Board”), rather than a Board of Governors. The total number of Directors constituting the entire Board will be fixed from time to time by the stockholders ( *i.e.* , NASDAQ OMX), and will be elected by the stockholders to hold office until their respective successors have been duly elected and qualified, subject, however, to prior death, resignation, retirement, disqualification, or removal from office. However, the exact composition of the Board is also subject to the requirements of the By-Laws relating to independence and fair representation of members, which are described in detail below. Article Fifth also contains standard corporate provisions governing meetings of stockholders. Because NASDAQ OMX will be the sole stockholder, however, Article Seventh provides that any action required or permitted to be taken at an annual or special meeting of stockholders may be taken without a meeting, without prior notice and without a vote, if a consent in writing, setting forth the action so taken, is signed by the holders of outstanding stock having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all shares entitled to vote thereon were present and voted. Thus, it is expected that most stockholder actions will be taken through written consent, rather than meetings. Finally, Article Fifth provides that vacancies or newly created directorships resulting from an increase in the authorized number of Directors are filled as provided in the By-Laws (described below); that no decrease in the number of Directors shortens the term of an incumbent Director; and that Directors may be removed by the holders of a majority of the shares at the time entitled to vote at an election of Directors. However, the stockholders' removal authority is also limited by the By-Laws (as described below). Article Sixth limits the liability of Directors to the Exchange in the manner permitted under Delaware law; and Article Eighth provides that the Board (in addition to the stockholders) may adopt, amend or repeal By-Laws. Article Ninth reserves the right to amend, alter, change, or repeal any provisions contained in the Restated Certificate; 5 and Article Tenth provides that the Exchange has perpetual existence. 5 All such changes must be filed with the Commission under Section 19(b) of the Act, 15 U.S.C. 78s(b), and become effective thereunder before being implemented. By-Laws The By-Laws reflect NASDAQ OMX's expectation that the Exchange will be operated with governance, regulatory, and market structures similar to those of the Nasdaq Exchange. Accordingly, the Exchange proposes to adopt By-Laws that are similar in all material respects to the By-Laws of the Nasdaq Exchange. The most significant differences result from the fact that the Nasdaq Exchange is a limited liability company whereas the Exchange will be organized as a stock corporation. Article I of the By-Laws contains key definitions used in the By-Laws. Article II provides for the registered office of the Exchange in Delaware and such other offices as it may establish. Article III contains standard corporate provisions governing meetings of stockholders, as well as a provision consistent with the Restated Certificate allowing stockholder action by written consent. Article IV contains key provisions regarding the powers, composition, and selection of the Board. The property, business, and affairs of the Exchange will be managed under the direction of the Board. The exact number of Directors will be determined by the stockholders of the Exchange ( *i.e.* , NASDAQ OMX), but shall in no event be less than ten Directors. No decrease in the number of Directors shall shorten the term of any incumbent Director. As is the case with the Nasdaq Exchange, the Board composition will be required to reflect a balance among “Industry Directors,” “Member Representative Directors,” and “Non-Industry Directors,” including “Public Directors.” An Industry Director is a person with direct ties to the securities industry as a result of connections to a broker-dealer, the Exchange or its affiliates, the Financial Industry Regulatory Authority, Inc. (“FINRA”), or certain service providers to such entities. 6 The By-Laws also permit up to two officers of the Exchange, who would otherwise be considered Industry Directors, to be designated as “Staff Directors” and thereby be excluded from the definition of Industry Director. With the exception of the initial Member Representative Directors, Member Representative Directors are nominated by a Member Nominating Committee composed of registered representatives of Exchange Members, or are voted upon by Exchange Members. 7 A Member Representative Director may, but is not required to be, an officer, director, employee, or agent of an Exchange Member. The process for election of Member Representative Directors is described in greater detail below. A Non-Industry Director is a Director (excluding Staff Directors) who is:

(i)A Public Director;

(ii)an officer or employee of an issuer of securities listed on the Exchange; or

(iii)any other individual who would not be an Industry Director. A Public Director is a Director who has no material business relationship with a broker or dealer, the Exchange or its affiliates, or FINRA. With the exception of the initial Directors, Directors other than the Member Representative Directors are nominated by a Nominating Committee appointed by the Board and are then elected by NASDAQ OMX as the sole stockholder. 6 Specifically, Article I of the By-Laws defines an Industry Director as a person who:

(i)Is or has served in the prior 3 years as an officer, director, or employee of a broker or dealer, excluding an outside director or a director not engaged in the day-to-day management of a broker or dealer;

(ii)is an officer, director (excluding an outside director), or employee of an entity that owns more than 10% of the equity of a broker or dealer, and the broker or dealer accounts for more than 5% of the gross revenues received by the consolidated entity;

(iii)owns more than 5% of the equity securities of any broker or dealer, whose investments in brokers or dealers exceed 10% of his or her net worth, or whose ownership interest otherwise permits him or her to be engaged in the day-to-day management of a broker or dealer;

(iv)provides professional services to brokers or dealers, and such services constitute 20% or more of the professional revenues received by the Director or 20% or more of the gross revenues received by the Director's firm or partnership;

(v)provides professional services to a director, officer, or employee of a broker, dealer, or corporation that owns 50% or more of the voting stock of a broker or dealer, and such services relate to the director's, officer's, or employee's professional capacity and constitute 20% or more of the professional revenues received by the Director or 20% or more of the gross revenues received by the Director's firm or partnership; or

(vi)has a consulting or employment relationship with or provides professional services to the Exchange or any affiliate thereof or to FINRA or has had any such relationship or provided any such services at any time within the prior 3 years. 7 Article I defines a Member Representative Director as a Director who has been elected by the stockholders after having been nominated by the Member Nominating Committee or voted upon by Exchange Members pursuant to the By-Laws (or elected by the stockholders without such nomination or voting in the case of the initial Member Representative Directors elected pursuant to Section 4.3(b) of the By-Laws). Section 4.3 of the By-Laws provides that the number of Non-Industry Directors, including at least three Public Directors and at least one Director representative of issuers and investors, 8 must equal or exceed the sum of the number of Industry Directors and Member Representative Directors. At least 20% of the Directors must be Member Representative Directors. The By-Laws further stipulate that, as is currently the case, one Industry Director must be selected as a representative of a firm or organization that is registered with the Exchange for the purposes of participating in options trading on BOX. 9 A Director may not be subject to a statutory disqualification. 10 8 Section 6(b)(3) of the Act, 15 U.S.C. 78f(b)(3), requires that one or more directors shall be representative of issuers and investors and not be associated with a member of the Exchange, broker, or dealer. 9 Section 6(b)(3) of the Act, 15 U.S.C. 78f(b)(3), requires that the rules of the Exchange assure a fair representation of its members in the selection of its directors and administration of its affairs. The Member Representative Directors and the BOX Participant Director satisfy this requirement because they are selected through processes that rely on nominations made by nominating committees composed of representatives of member firms, with an opportunity for nomination of alternate candidates by members. *See* Section 4.4 of the proposed By-Laws of the Exchange and Section 14 of the BOXR By-Laws. 10 Section 3(a)(39) of the Act, 15 U.S.C. 78c(a)(39). The process for selecting Member Representative Directors is described in Section 4.4 and Section 4.14. Section 4.14 provides that the Board will appoint a Member Nominating Committee consisting of no fewer than three and no more than six members. All members of the Member Nominating Committee must be a current associated person of a current Exchange Member. The Board will appoint such individuals after appropriate consultation with representatives of Exchange Members. The Member Nominating Committee will then nominate a slate of candidates for Member Representative Director positions to be filled. Although the Member Nominating Committee would have authority to nominate a number of candidates in excess of the number of Board seats up for election, the Member Nominating Committee would likely nominate a number of candidates equal to the number of seats. The candidates nominated by the Member Nominating Committee will be stated on a formal “List of Candidates.” An Exchange Member may nominate an additional candidate for inclusion on the List of Candidates by submitting a timely and duly executed written petition to the Secretary of the Exchange. To be timely, an Exchange Member's notice must be delivered to the Secretary at the principal executive offices of the Exchange not later than the close of business on the 90th day nor earlier than the close of business on the 120th day prior to the first anniversary of the preceding year's “Voting Date” 11 (provided, however, that in the event that the Voting Date is more than 30 days before or more than 70 days after such anniversary date, notice by the Exchange Member must be so delivered not earlier than the close of business on the 120th day prior to such Voting Date and not later than the close of business on the later of the 90th day prior to such Voting Date or the 10th day following the day on which public announcement of such Voting Date is first made by the Exchange). 12 The Exchange Member's notice must include:

(i)As to the person whom the Exchange Member proposes for election as a Member Representative Director, all information relating to that person that is required to be disclosed in solicitations of proxies for election of Directors in an election contest, or is otherwise required, in each case pursuant to Regulation 14A under the Act and the rules thereunder (and such person's written consent to be named in the List of Candidates and to serving as a Director if elected);

(ii)a petition in support of the candidate duly executed by the authorized representatives of 10% or more of all Exchange Members; and

(iii)the name and address of the Exchange Member making the proposal. The Exchange may require any proposed candidate to furnish such other information as it may reasonably require to determine the eligibility of such person to serve as a Member Representative Director. 11 The By-Laws define Voting Date as “a date selected by the Board for Exchange Members to vote with respect to Member Representative Directors in the event of a Contested Vote.” As described below, the Board will select a Voting Date each year; however, a vote would be conducted on the Voting Date only in the event of a Contested Vote ( *i.e.* , if there is more than one candidate for a Board seat). In order to make the intent of this definition clearer, immediately following the closing of the Merger, the Exchange will propose to the newly constituted Board of the Exchange an amendment to the definition to read as follows: “ ‘Voting Date' means the date selected by the Board on an annual basis, on which Exchange Members may vote with respect to Member Representative Directors in the event of a Contested Vote.” Following approval by the Board, the Exchange will file the amendment as a proposed rule change for approval by the Commission. 12 Because the voting procedures contemplated by the By-Laws are new, the alternate time frames would apply in the case of the first annual meeting held under the By-Laws. Therefore, a nomination would be considered timely if delivered not earlier than the close of business on the 120th day prior to the first Voting Date and not later than the close of business on the later of the 90th day prior to the first Voting Date, or the 10th day following the day on which public announcement of such Voting Date is first made. After the Member Nominating Committee creates the List of Candidates, the Board will determine a Voting Date and a “Member Voting Record Date.” 13 Promptly after selection of the Voting Date, in a Notice to Exchange Members and in a prominent location on a publicly accessible Web site, the Exchange will announce the Voting Date and the List of Candidates, and describe the procedures for Exchange Members to propose candidates for election at the next annual meeting. If, by the date on which an Exchange Member may no longer submit a timely nomination, there is only one candidate for each Member Representative Director seat, the Member Representative Directors would be elected by the stockholders directly from the List of Candidates nominated by the Member Nominating Committee. If, however, there is more than one candidate for a seat ( *i.e.* , if there is a contested vote), a formal notice of the Voting Date and the List of Candidates will be sent by the Exchange at least 10 days but no more than 60 days prior to the Voting Date to the Exchange Members who were Exchange Members on the Member Voting Record Date, by any means, including electronic transmission, as determined by the Board or a committee thereof. 13 The By-Laws define “Member Voting Record Date” as a date selected by the Board for the purpose of determining the Exchange Members entitled to vote for Member Representative Directors on a Voting Date in the event of a Contested Vote. In the event of a Contested Vote, each Exchange Member will have the right to cast one vote for each Member Representative Director position to be filled; 14 provided, however, that any such vote must be cast for a person on the List of Candidates. The votes may not be cumulated. The votes shall be cast by written ballot, electronic transmission or any other means as set forth in a notice to the Exchange Members sent by the Exchange prior to the Voting Date. Only votes received prior to 11:59 p.m. Eastern Time on the Voting Date shall be counted. The persons on the List of Candidates who receive the most votes shall be submitted to the stockholders for election, and the stockholders shall elect that candidate. 14 In order to limit the influence that a single affiliated group of members might exercise over the Exchange, immediately following the closing of the Merger, the Exchange will propose to the newly constituted Board of the Exchange an amendment to stipulate that no Member, either alone or together with its affiliates, may account for more than 20% of the votes cast for a candidate, and any votes cast by such Member, either alone or together with its affiliates, in excess of such 20% limitation shall be disregarded. Following approval by the Board, the Exchange will file the amendment as a proposed rule change for approval by the Commission. Notwithstanding the foregoing, the initial Board immediately following the Merger and the adoption of these By-Laws will be selected by NASDAQ OMX (as the sole stockholder) without use of the nomination or election processes required for subsequent elections. Specifically, the stockholders will hold a special meeting (or sign a consent in lieu thereof) for the purpose of electing the Board, which shall include individuals satisfying the classifications required by Section 4.3(a) of the By-Laws but which shall not have been nominated or voted upon in accordance with Section 4.4. The initial Member Representative Directors will be officers, directors or employees of Exchange Members. The initial Board will consist of at least three Public Directors, one or two Staff Directors, at least two Member Representative Directors, an Industry Director representing “BOX Participants,” 15 at least one Non-Industry Director representative of issuers and investors, and such additional Industry and Non-Industry Directors as NASDAQ OMX as the sole stockholder shall deem appropriate, consistent with the compositional requirements of the By-Laws. As soon as practicable thereafter, the Exchange shall hold its annual meeting for the purpose of electing Directors in accordance with the normal processes contemplated by the By-Laws. 15 “BOX Participant” means a firm or organization that is registered with the Exchange for the purposes of participating in options trading in the BOX market. Section 4.5 of the By-Laws provides that Directors may be removed from office by the stockholders, with the vacancy thus created also filled by the stockholders, but that the stockholders may remove a Member Representative Director only for cause, which shall include, without limitation, the failure of such Director to be free of a statutory disqualification. In addition, a Director is disqualified and his or her term of office terminates immediately upon a determination by the Board, by a majority vote of the remaining Directors:

(a)that the Director no longer satisfies the classification for which the Director was elected; and

(b)that the Director's continued service as such would violate the compositional requirements of the Board set forth in Section 4.3. Thus, for example, if a Public Director became employed by a broker-dealer and the Board thereby had an inadequate number of Public Directors, the Director would be disqualified and removed. If a Director is disqualified and removed, and the remaining term of office of such Director at the time of termination is not more than 6 months, a replacement for the Director is not required until the next annual meeting. Section 4.7 of the By-Laws provides that if any Director position other than a Member Representative Director position becomes vacant, the Nominating Committee will nominate, and the Board will appoint by majority vote, a person satisfying the classification (Industry, Non-Industry, or Public Director) for the directorship to fill the vacancy. Whenever a Member Representative Director position becomes vacant, the Member Nomination Committee will nominate, and the Board will appoint by majority vote, a person to fill the vacancy, except that if the remaining term of office for the vacant Member Representative Director position is less than 6 months, no replacement is required. Sections 4.8, 4.9, and 4.10 contain standard provisions for a Delaware corporation governing the quorum and voting requirements of the Board, the appropriateness of reliance by Directors upon the records, officers, and agents of the Exchange, and the rules governing conduct of meetings of the Board. Section 4.9 also recognizes the Exchange's status as a self-regulatory organization by providing that the Board, when evaluating any proposal, shall, to the fullest extent permitted by applicable law, take into account:

(i)The potential impact thereof on the integrity, continuity and stability of the Exchange and the other operations of the Exchange, on the ability to prevent fraudulent and manipulative acts and practices and on investors and the public, and

(ii)whether such would promote just and equitable principles of trade, foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to and facilitating transactions in securities, or assist in the removal of impediments to or perfection of the mechanisms for a free and open market and a national market system. Section 4.12 provides that the Board may delegate to one or more committees that consist solely of one or more Directors the power and authority to act on behalf of the Board in the management of the business and affairs of the Exchange. However, no committee may have the power or authority of the Board in reference to:

(i)Approving or adopting, or recommending to the stockholders, any action or matter (other than the election of Directors) expressly required by Delaware law to be submitted to stockholders for approval; or

(ii)adopting, amending, or repealing any By-Law of the Exchange. The section also contains standard provisions for a Delaware corporation pertaining to the conduct and populating of Board committees. Section 4.13 establishes several standing Board committees and delineates their general duties and compositional requirements: • The Executive Committee may exercise all the powers and authority of the Board in the management of the business and affairs of the Exchange between meetings of the Board (subject to the limits described above). The number of Non-Industry Directors on the Executive Committee must equal or exceed the number of Industry Directors on the Executive Committee. The percentage of Public Directors on the Executive Committee must be at least as great as the percentage of Public Directors on the whole Board, and the percentage of Member Representative Directors on the Executive Committee must be at least as great as the percentage of Member Representative Directors on the whole Board. • The Finance Committee shall advise the Board with respect to the oversight of the financial operations and conditions of the Exchange, including recommendations for the Exchange's annual operating and capital budgets and proposed changes to the rates and fees charged by the Exchange. • The Management Compensation Committee shall consider and recommend compensation policies, programs, and practices for employees of the Exchange. A majority of Management Compensation Committee members shall be Non-Industry Directors. The Chief Executive Officer of the Exchange shall be an ex-officio, non-voting member of the Management Compensation Committee. • The Audit Committee shall consist of four or five Directors, none of whom shall be officers or employees of the Exchange. A majority of the Audit Committee members shall be Non-Industry Directors. The Audit Committee shall include two Public Directors. A Public Director shall serve as Chair of the Committee. The Audit Committee shall:

(A)Provide oversight over the Exchange's financial reporting process and the financial information that is provided to the stockholders and others;

(B)provide oversight over the systems of internal controls established by management and the Board and the Exchange's legal and compliance process;

(C)select, evaluate and, where appropriate, replace the Exchange's independent auditors (or nominate the independent auditors to be proposed for ratification by the stockholders); and

(D)direct and oversee all the activities of the Exchange's internal audit function, including but not limited to management's responsiveness to internal audit recommendations. The Audit Committee shall have exclusive authority to:

(A)Hire or terminate the head of the Exchange's Internal Audit Department;

(B)determine the compensation of the head of the Internal Audit Department; and

(C)determine the budget for the Internal Audit Department. The Internal Audit Department and its head shall report directly to the Audit Committee. The Audit Committee may, in its discretion, direct that the Internal Audit Department also report to senior management of the Exchange on matters the Audit Committee deems appropriate and may request that senior management of the Exchange perform such operational oversight as necessary and proper, consistent with preservation of the independence of the internal audit function. The Internal Audit Department and its head may also be employees of one or more affiliates of the Exchange ( *i.e.* , NASDAQ OMX), and may serve in a similar capacity with respect to such affiliate(s). • The Regulatory Oversight Committee shall:

(i)Oversee the adequacy and effectiveness of the Exchange's regulatory and self-regulatory organization responsibilities;

(ii)assess the Exchange's regulatory performance; and

(iii)assist the Board and other committees of the Board in reviewing the regulatory plan and the overall effectiveness of the Exchange's regulatory functions. In furtherance of its functions, the Regulatory Oversight Committee shall:

(A)Review the Exchange's regulatory budget and specifically inquire into the adequacy of resources available in the budget for regulatory activities;

(B)meet regularly with the Exchange's Chief Regulatory Officer in executive session; and

(C)be informed about the compensation and promotion or termination of the Chief Regulatory Officer and the reasons therefore. The Regulatory Oversight Committee shall consist of three members, each of whom shall be a Public Director and an “independent director” as defined in Rule 4200 of the Rules of the Nasdaq Stock Market. Section 4.14 and Articles VI and VII govern the appointment by the Board of certain standing committees, not composed of Directors, to be appointed to administer various provisions of the rules that the Exchange expects to propose with respect to governance, listing, equity trading, and member discipline: • The Member Nominating Committee will nominate candidates for each Member Representative Director position on the Board, and will also nominate candidates for appointment by the Board for positions on certain standing committees with positions reserved for Member Representatives. The Member Nominating Committee shall consist of no fewer than three and no more than six members. All members of the Member Nominating Committee shall be a current associated person of a current Exchange Member. The Board will appoint such individuals after appropriate consultation with representatives of Exchange Members. • The Nominating Committee will nominate candidates for all other vacant or new Director positions on the Board, and candidates for all other vacant or new positions on certain standing committees. In nominating an Industry Director who is representative of BOX Participants, the Nominating Committee shall adopt the recommendation of the Nominating Committee of the Exchange's subsidiary, BOXR, and the stockholders of the Exchange ( *i.e.* , NASDAQ OMX) shall elect the candidate. 16 The Nominating Committee shall consist of no fewer than six and no more than nine members. The number of Non-Industry members on the Nominating Committee must equal or exceed the number of Industry members on the Nominating Committee. If the Nominating Committee consists of six members, at least two shall be Public members. If the Nominating Committee consists of seven or more members, at least three shall be Public members. No officer or employee of the Exchange shall serve as a member of the Nominating Committee in any voting or non-voting capacity. No more than three of the Nominating Committee members and no more than two of the Industry members shall be current Directors. A Nominating Committee member may not simultaneously serve on the Nominating Committee and the Board, unless such member is in his or her final year of service on the Board, and following that year, that member may not stand for election to the Board until such time as he or she is no longer a member of the Nominating Committee. 16 As noted above in footnote 8, the BOX Participant Director, together with the Member Representative Directors, allow the Exchange to fulfill the requirement of Section 6(b)(3) of the Act, 15 U.S.C. 78f(b)(3) that the rules of the Exchange assure a fair representation of its members in the selection of its directors and administration of its affairs. Article II, Section 4 of the Exchange's Constitution currently requires that the Exchange's Board of Governors select and appoint as governor a candidate put forth by the BOXR Nominating Committee for the position on the Board of Governors reserved for a representative of BOX Participants. It is the intent of the Exchange that a person nominated by the BOXR Nominating Committee for this position will, consistent with the current requirement in the Exchange's Constitution, continue to be automatically nominated and elected through the Exchange's Board selection process, unless such nominee is not eligible for service under Section 4.3 of the By-Laws ( *i.e.* , because the nominee is subject to a statutory disqualification). The Exchange believes that this intent is reflected in the text of the Restated Certificate and By-Laws as approved by the Exchange's members, but could be reflected with greater clarity through further limited amendments to the text of the By-Laws. Accordingly, immediately following the closing of the Merger, the Exchange will propose to the newly constituted Board of the Exchange an amendment to the By-Laws to make it clear that the person nominated by the BOXR Nominating Committee shall also be nominated by the Exchange Nominating Committee and elected by the stockholders, unless such nominee is not eligible for service under Section 4.3; and the Exchange shall file the amendment as a proposed rule change for approval by the Commission. • The composition and duties of the Exchange Listing and Hearings Review Council are described in Articles VI. Under the rules to be proposed with respect to listings on the Exchange, the Exchange Listing and Hearing Review Council will review appeals from decisions to deny issuers listings on the Exchange, and will also consider and make recommendations to the Board on policy and rule changes relating to issuer listings. The Exchange Listing and Hearing Review Council will consist of no fewer than eight and no more than eighteen members, of which not more than 50% may be engaged in market-making activity or employed by an Exchange Member whose revenues from market-making activity exceed 10% of its total revenues. The Exchange Listing and Hearing Review Council will include at least five Non-Industry members (including at least two Public members), and a number of Member Representative members that is equal to at least 20% of the total number of members of the Exchange Listing and Hearing Review Council. A quorum of the Exchange Listing and Hearing Review Council will consist of a majority of its members, including one Non-Industry member and one Member Representative member. • The composition and duties of the Exchange Review Council are described in Article VII. Under the disciplinary and membership rules to be proposed for the Exchange, the Exchange Review Council may be authorized to act with respect to an appeal or review of a disciplinary proceeding, a statutory disqualification proceeding, or a membership proceeding; a review of an offer of settlement, a letter of acceptance, waiver, and consent, and a minor rule violation plan letter; the exercise of exemptive authority; and such other proceedings or actions as may be authorized by the Exchange Rules. 17 The Exchange Review Council also may consider and make recommendations to the Board on policy and rule changes relating to business and sales practices of Exchange Members and associated persons and enforcement policies, including policies with respect to fines and other sanctions. The Exchange Review Council shall consist of no fewer than eight and no more than twelve members. The Exchange Review Council shall include a number of Member Representative members that is equal to at least 20% of the total number of members of the Exchange Review Council. The number of Non-Industry members, including at least three Public members, shall equal or exceed the sum of the number of Industry members and Member Representative members. A quorum of the Exchange Review Council will consist of a majority of its members, including not less than 50% of its Non-Industry members and one Member Representative member. 17 As provided in the current rules relating to BOX, certain disciplinary matters pertaining to BOX Participants may be subject to review by the BOXR Board of Directors and the Exchange Board. The Exchange Review Council is not expected to have a role in BOX matters. • The Quality of Markets Committee will:

(A)Provide advice and guidance to the Board on issues relating to the fairness, integrity, efficiency, and competitiveness of the information, order handling, and execution mechanisms of the Exchange from the perspective of investors, both individual and institutional, retail firms, market making firms, companies listed on the Exchange, and other market participants; and

(B)advise the Board with respect to national market system plans and linkages between the facilities of the Exchange and other markets. The Quality of Markets Committee shall include broad representation of participants in the Exchange, including investors, market makers, integrated retail firms, and order entry firms. The Quality of Markets Committee shall include a number of Member Representatives that is equal to at least 20% of the total number of members of the Quality of Markets Committee. The number of Non-Industry members of the Quality of Markets Committee shall equal or exceed the sum of the number of Industry members and Member Representative members. A quorum of the Quality of Markets Committee will consist of a majority of its members, and at least 50% of its Non-Industry members must either be present or must waive attendance after receiving an agenda of the meeting. • The Market Operations Review Committee will administer certain rules planned for the Exchange, notably appeals from decisions to cancel or modify clearly erroneous trades on the Exchange. The Market Operation Review Committee must include a number of Member Representatives that is equal to at least 20% of the total number of members of the Market Operations Review Committee. No more than 50% of the members of the Market Operations Review Committee shall be engaged in market making activity or employed by an Exchange Member firm whose revenues from market making activity exceed 10% of its total revenues. • The Arbitration and Mediation Committee will:

(i)Advise the Board on the development and maintenance of an equitable and efficient system of dispute resolution that will equally serve the needs of public investors and Exchange Members;

(ii)shall monitor rules and procedures governing the conduct of dispute resolution; and

(iii)shall have such other powers and authority as are necessary to effectuate the purposes of the Exchange Rules. The Arbitration and Mediation Committee must consist of no fewer than three and no more than ten members, and shall have at least 50% Non-Industry members. As is the case with the Nasdaq Exchange, the Arbitration Committee may be populated with members of FINRA's Arbitration and Mediation Committee, assuming the Exchange receives regulatory services from FINRA. 18 A quorum of the Arbitration and Mediation Committee will consist of a majority of its members, and at least 50% of its Non-Industry members must either be present or must waive attendance after receiving an agenda of the meeting. 18 “The Board shall appoint an Arbitration and Mediation Committee, or shall cause the Corporation to enter into an agreement with a self-regulatory organization that provides regulatory services pursuant to which such self-regulatory organization shall appoint an Arbitration and Mediation Committee on the Corporation's behalf.'' Section 4.14(e) of the Restated Certificate. • The Market Regulation Committee will:

(i)Advise the Board on regulatory proposals and industry initiatives relating to quotations, execution, trade reporting, and trading practices;

(ii)advise the Board in its administration of programs and systems for the surveillance and enforcement of rules governing Exchange Member's conduct and trading activities in the Exchange;

(iii)provide a pool of attorney panelists for hearing panels under the Exchange Rules;

(iv)participate in the training of hearing panelists on issues relating to quotations, executions, trade reporting, and trading practices; and

(v)review and recommend to the Exchange Review Council changes to the Exchange's guidelines for sanctions to be imposed on members for violations of Exchange Rules. The Market Regulation Committee shall not have any involvement in deciding whether or not to institute disciplinary proceedings. The Market Regulation Committee shall have at least 50% Non-Industry members. As is the case with the Nasdaq Exchange, the Market Regulation Committee may be populated with members of FINRA's Market Regulation Committee, assuming the Exchange receives regulatory services from FINRA. 19 A quorum of the Market Regulation Committee will consist of a majority of its members, and at least 50% of its Non-Industry members must either be present or must waive attendance after receiving an agenda of the meeting. 19 The Board shall appoint a Market Regulation Committee, or shall cause the Corporation to enter into an agreement with a self-regulatory organization that provides regulatory services pursuant to which such self-regulatory organization shall appoint a Market Regulation Committee on the Corporation's behalf. Sections 4.15, 4.16, and 4.17 contain standard provisions for a Delaware corporation requiring:

(i)Recusal by Directors and committee members subject to conflicts of interest;

(ii)providing for the enforceability of contracts in which a Director has an interest if appropriately approved or ratified by disinterested Directors or by stockholders, or if fair to the Exchange;

(iii)allowing for compensation of Board members; and

(iv)allowing for Board action by unanimous written consent. Article V governs the appointment by the Board of the Exchange's officers, agents, and employees, and specifically provides for the appointment of a Chair of the Board, 20 a Chief Executive Officer, a President, Vice Presidents, a Chief Regulatory Officer, a Secretary, an Assistant Secretary, a Treasurer, and an Assistant Treasurer. 20 The designation by the By-Laws of the Chair of the Board as an officer of the Corporation within the meaning of the By-Laws reflects standard corporate practice for a Delaware corporation and would not cause an independent Director chosen who is selected as the Chair to cease to be an independent Director. The Chief Regulatory Officer shall have general supervision of the regulatory operations of the Exchange, including responsibility for overseeing the Exchange's surveillance, examination, and enforcement functions and for administering any regulatory services agreements with another self-regulatory organization to which the Exchange is a party. The Chief Regulatory Officer shall meet with the Regulatory Oversight Committee of the Exchange in executive session at regularly scheduled meetings of such committee, and at any time upon request of the Chief Regulatory Officer or any member of the Regulatory Oversight Committee. The Chief Regulatory Officer may also serve as the General Counsel of the Exchange. Article VIII provides for indemnification by the Exchange of Directors, officers, employees and agents in a manner consistent with that of most Delaware stock corporations, and allows for the purchase of director and officer liability insurance. Article IX contains standard corporate provisions relating to the Exchange's capital stock, including provisions relating to stock certificates, the Exchange's stock ledger, and transfers of stock. However, like the Restated Certificate, the By-Laws also contain a stipulation that all shares of Common Stock are held by NASDAQ OMX, which may not transfer or assign any shares of stock of the Exchange, in whole or in part, to any entity, unless such transfer or assignment shall be filed with and approved by the Commission under Section 19 of the Act and the rules promulgated thereunder. The Article also contains a stipulation that dividends may not be paid to the stockholders ( *i.e.* , to NASDAQ OMX) using “Regulatory Funds,” which are defined as fees, fines, or penalties derived from the regulatory operations of the Exchange. The definition further provides, however, that the term shall not be construed to include revenues derived from listing fees, market data revenues, transaction revenues, or any other aspect of the commercial operations of the Exchange, even if a portion of such revenues are used to pay costs associated with the regulatory operations of the Exchange. Article X contains miscellaneous standard corporate provisions relating to the corporate seal, the fiscal year of the Exchange, waiver of notice of meetings, and the Exchange's contracting authority. Article XI authorizes amendments to the By-Laws by either the stockholders or the vote of a majority of the whole Board, 21 as well as the adoption of emergency by-laws by the Board. Article XII contains specific authorization for the Board to adopt rules needed to effect the Exchange's obligations as a self-regulatory organization, to establish disciplinary procedures and impose sanctions on members, to establish standards for membership, and to impose dues, fees, assessments, and other charges. Finally, Section 12.5 authorizes the Board, or such person or persons as may be designated by the Board, in the event of an emergency or extraordinary market conditions, to take any action regarding:

(a)The trading in or operation of the Exchange or any other organized securities markets that may be operated by the Exchange, the operation of any automated system owned or operated by the Exchange, and the participation in any such system or any or all persons or the trading therein of any or all securities; and

(b)the operation of any or all offices or systems of Exchange Members, if, in the opinion of the Board or the person or persons hereby designated, such action is necessary or appropriate for the protection of investors or the public interest or for the orderly operation of the marketplace or the system. 21 All such changes must be filed with the Commission under Section 19(b) of the Act, 15 U.S.C. 78s(b), and become effective thereunder before being implemented. BOXR LLC Agreement Upon the creation of BOXR, the Exchange filed a Certificate of Formation with the State of Delaware. 22 The purpose of the creation of BOXR was specifically for supporting the operation, regulation, and surveillance of the BOX facility. In connection with that, the Exchange drafted and filed with the Commission the BOXR By-Laws, which filing was approved on January 13, 2004, 23 and incorporated into the BOX Rules. However, no written LLC operating agreement was created for the entity. Accordingly, since the time of formation, BOXR has operated under an unwritten operating agreement, with its written By-Laws standing in place for, and reflecting, the intention of the agreement of BOXR. The Exchange therefore proposes to adopt the BOXR LLC Agreement, which includes all standard provisions typically found in a State of Delaware Limited Liability Company operating agreement. These provisions include a statement, found in Section 22 of the agreement, that the BOXR LLC Agreement may not be deemed to provide rights to any persons other than those named specifically in the agreement. The provision stipulates, however, that such rights include the rights of BOX Participants in the selection of directors of BOXR in the manner currently provided by the BOXR By-Laws. In addition, Section 20 of the BOXR LLC Agreement will provide that a transfer or assignment of the Exchange's limited liability company interests in BOXR must be filed with and approved by the Commission under Section 19 of the Act. The BOXR LLC Agreement also expands the recognized officers of BOXR to include its Chief Legal Officer and includes Schedules that list the directors and officers of BOXR as of April 15, 2008. 22 The Certificate of Formation was filed on March 25, 2002. 23 *See* Securities Exchange Act Release No. 49065 (January 13, 2004), 69 FR 2768 (January 20, 2004) (SR-BSE-2003-04). BOXR By-Laws The BOXR By-Laws are being amended for consistency with other changes being made in the governance of the Exchange. Specifically, the proposed changes:

(i)Replace references to the Constitution of the Exchange with references to the By-Laws and references to the Board of Governors with references to the Board of Directors;

(ii)add appropriate references to the BOXR LLC Agreement;

(iii)amend the definition of “Public Director” to exclude persons having a material business relationship with affiliates of the Exchange, BOX, or BOXR; and

(iv)make several clarifying and corrective edits. In addition, Section 14 is being amended to state that the BOX Participant nominee selected by BOX Participants for service on the Exchange Board is recommended for service on such Board, but is not directly elected, to reflect the fact that BOX Participants are not stockholders of the Exchange. Section 14 is also amended to provide that a disciplinary decision of a BOXR Hearing Committee or panel with respect to any BOX Participant that is an affiliate of NASDAQ OMX within the meaning of proposed Chapter XXXIX, Section 2 of the rules of the Exchange (as described below) may not be appealed to or reviewed by the BOXR Board of Directors or the Exchange Board of Directors, but rather shall constitute final disciplinary action of the Exchange for purposes of Commission Rule 19d-1(c)(1) and may be appealed to the Commission. Together with the new rules described below, the limitation is intended to guard against any possibility that the Exchange may exercise, or forebear to exercise, regulatory authority with respect to an affiliated member in a manner that is influenced by commercial considerations. 24 Finally, the Exchange is proposing to replace the indemnification provisions of Section 24 with a cross-reference to updated indemnification provisions being adopted in the BOXR LLC Agreement. 24 Prior to resuming trading of equities securities, the Exchange will propose new rules that will include a comparable restriction on review of disciplinary decisions affecting an affiliated member trading equities through the Exchange. Change of Control of BSX BSX was formed in 2004 as a joint venture between the Exchange and several investors to operate an electronic trading facility (“Boston Equities Exchange” or “BeX”) for trading cash equities. BeX ended its operations in September 2007. In connection with the Merger, NASDAQ OMX is purchasing all of the outstanding limited liability company interests in BSX held by investors other than the Exchange. By virtue of this purchase, NASDAQ OMX will directly own 46.79% of these interests, and will indirectly, through the Exchange, own the remainder of the outstanding interests in BSX. Section 8.1 of the BSX Operating Agreement provides that the Exchange must obtain Commission approval for certain transfers of ownership interests in BSX. Accordingly, the Exchange, through this filing, seeks Commission approval for the transfer of ownership interests to NASDAQ OMX contemplated by the Merger. Following such transfer, the Exchange and NASDAQ OMX will be the sole members of BSX, and the admission of additional or substitute members would require approval by the Commission pursuant to a filing under Section 19 of the Act. In addition, the Exchange is also proposing amendments to the BSX Operating Agreement to reflect its status as a wholly owned subsidiary of NASDAQ OMX, and to remove references to BeX. Notably, the Exchange is proposing to make the following amendments: • Section 4.1 is amended to provide that a five-member Board of Directors will be selected by BSE. • Section 4.4 is amended to replace a provision requiring a super-majority of director votes in favor of BSX taking certain significant actions, such as entry into a new line of business or replacing BSE as BSX's regulatory service provider, with more general authority of BSE to veto or mandate actions as dictated by regulatory requirements. • Article VII and Sections 8.2 and 8.3 are amended to remove provisions that allow members to exercise rights of first refusal in the event that one member proposes to transfer its ownership interests in BSX to another member or BSX proposes to issue additional units of ownership. • Section 8.4(f) (redesignated as 8.2(f)) is amended to clarify terms used to describe certain ownership interests in a Member of BSX. • Various amendments are being made to delete references to BeX. • Sections 8.5 and 8.6 (redesignated as Sections 8.3 and 8.4), which restricted ownership and voting of ownership interests in BSX above the 20% level by a BeX participant or its affiliates, are being retained but amended. The amendments replace “BeX Participant” with “BSE member” to apply more broadly to any person that is a member of the Exchange. However, the amendments also provide that the restrictions of these provisions shall not be construed to limit the ownership of membership interests by NASDAQ OMX or BSE. This proviso is necessary because, as discussed in greater detail below, the Nasdaq Exchange owns two broker-dealers, the ownership of which has been previously approved by the Commission. These broker-dealers are, and will continue to be, members of the Exchange. • Article 9, which governs distributions to Members, is being amended to adopt a restriction on distributions of Regulatory Funds comparable to the restriction proposed for inclusion in the Exchange's By-Laws. • Article 13, which governs disputes among members via arbitration, is being deleted to reflect the BSX's wholly owned status. • Section 16.2, which governs the confidentiality obligations of Members, is being amended:

(i)To clarify that Members may use confidential information pursuant to the Act and the rules and regulations thereunder;

(ii)to stipulate that directors, officers, and employees receiving confidential information must themselves be under confidentiality obligations; and

(iii)to require Members to conduct their business activities so as to limit the applicability of legal disclosure obligations that may supersede the confidentiality requirements of the BSX Operating Agreement. • New Section 16.7 is being added to provide that to the fullest extent permitted by applicable law, all confidential information pertaining to the self-regulatory function of the Exchange or the Exchange's equity business (including but not limited to disciplinary matters, trading data, trading practices and audit information) contained in the books and records of BSX shall:

(a)Not be made available to any person (other than as provided in the proviso of this sentence) other than to those officers, directors, employees and agents of BSX who have a reasonable need to know the contents thereof;

(b)be retained in confidence by BSX and its officers, directors, employees and agents; and

(c)not be used for any commercial purposes; provided, that nothing in this sentence shall be interpreted so as to limit or impede the rights of the Commission or the Exchange to access and examine such confidential information pursuant to the federal securities laws and the rules and regulations thereunder, or to limit or impede the ability of any officers, directors, employees or agents of BSX to disclose such confidential information to the Commission or the Exchange. • Amending Section 18.6 to clarify that the jurisdiction of the U.S. federal courts, the Commission, and the Exchange over BSX, its Members, and the officers, directors, agents, and employees of the Company and its Members is exclusive (subject, however, to Delaware jurisdiction over matters relating to the organization or internal affairs of BSX), adding conforming references with respect to the provision's waiver of claims as to lack of personal jurisdiction, and providing for the waiver of any foreign secrecy or blocking statutes or regulations to the fullest extent permitted by law. Prior to resuming trading of cash equities, the Exchange will file amended rules with the Commission that would replace the current BeX rules, as well as certain other rules of the Exchange. At this time, the Exchange expects to operate its cash equities market through the BSX entity. However, the Exchange will not resume cash equities trading until the new rule set is approved. If necessary to accurately reflect BSX's operations and to impose any additional regulatory safeguards deemed necessary by the Exchange or the Commission, the new rule set will include further amendments to the BSX Operating Agreement. In addition, the Exchange will provide the Commission with the opportunity to review, and if necessary, approve, any agreements between BSX and the Exchange or any third party to support BSX's operations of a facility of the Exchange, such as an amended BSE Facility Services Agreement. References to superseded agreements that formerly supported BeX, such as agreements with Lava Trading, Inc., and Atos Euronext S.A., are being deleted from the BSX Operating Agreement, as are other provisions that were applicable to BSX's initial formation and operation. New Rules The Exchange proposes to adopt two new rules that will reflect its status as a wholly owned subsidiary of NASDAQ OMX upon the effectiveness of the Merger. The purpose of the rules is to guard against any possibility that the Exchange may exercise, or forebear to exercise, regulatory authority with respect to an affiliated member in a manner that is influenced by commercial considerations, to provide an opportunity for Commission review of certain proposed affiliations, and to ensure that certain affiliated members do not receive advantaged access to information in comparison with unaffiliated members. The Exchange believes that the proposed rules will provide added assurance of regulatory integrity without subjecting the Exchange and its affiliates to unwarranted restrictions on their commercial activities. First, Chapter XXXIX, Section 1 will limit ownership of NASDAQ OMX's voting securities by members of the Exchange and their associated persons ( *i.e.* , their registered representatives). The rule is comparable to Rule 2130 of the Nasdaq Exchange, and provides that no member or associated person of a member shall be the beneficial owner of greater than 20% of the then-outstanding voting securities of NASDAQ OMX. “Beneficial ownership” is defined with reference to NASDAQ OMX's Certificate of Incorporation, which in turn provides that a person shall be deemed the “beneficial owner” of, shall be deemed to have “beneficial ownership” of, and shall be deemed to “beneficially own” any securities:

(i)Which such person or any of such person's affiliates is deemed to beneficially own, directly or indirectly, within the meaning of Rule 13d-3 under the Act * * *; 25

(ii)subject to certain narrow exceptions described in the certificate of incorporation, which such person or any of such person's affiliates has the right to acquire or to vote pursuant to any agreement, arrangement, or understanding; or

(iii)subject to certain narrow exceptions described in the certificate of incorporation, which are beneficially owned, directly or indirectly, by any other person and with respect to which such person or any of such person's affiliates has any agreement, arrangement or understanding for the purpose of acquiring, holding, voting or disposing of such securities. 25 Rule 13d-3 under the Act, 17 CFR 240.13d-3, in turn provides that a beneficial owner of a security includes any person who, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise has or shares voting power or investment power. Second, Chapter XXXIX, Section 2 regulates affiliation between the Exchange and its affiliates, on the one hand, and Exchange members, on the other hand, in a manner comparable to Rule 2140 of the Nasdaq Exchange. In general, the proposed rule provides that the Exchange must file a proposed rule change with the Commission before the Exchange or an entity with which it is affiliated acquires or maintains an ownership interest in, or engages in a business venture with, an Exchange member or an affiliate of an Exchange member. 26 The rule defines “affiliate” with reference to Rule 12b-2 under the Act, 27 which provides that if one person controls, is controlled by, or is under common control another person, the persons are affiliates. 26 As used in the rule, the term “affiliate” includes natural persons, but the term “entity,” when used to describe an affiliate, excludes natural persons. 27 17 CFR 240.12b-2. The proposed rule would make it clear that in a case where the Exchange or an affiliate of the Exchange proposes an acquisition of, or a merger or business venture with an Exchange member, a Commission filing will be required. In order to make it clear that the obligation to avoid affiliations that have not been filed is imposed by the rule both on the Exchange and its members, moreover, the rule provides that an Exchange member shall not be or become an affiliate of the Exchange, or an affiliate of any entity affiliated with the Exchange, without a Commission filing. The term “business venture,” as used in the rule, is defined as an arrangement under which the Exchange or an entity with which it is affiliated, on the one hand, and an Exchange member or affiliate thereof, on the other hand, engage in joint activities with an expectation of shared profit and a risk of shared loss from common entrepreneurial efforts. Thus, the term does not include, and the proposed rule does not regulate, contracts with members or their affiliates to provide goods, products, or services for consideration, including, but not limited to, asset or stock purchase agreements that do not result in ongoing ties with a member or its affiliates, 28 credit or debt facilities, licenses of intellectual property, contracts for investment banking, financial advisory, or consulting services, 29 or the provision of transaction services or data to a broker-dealer member or products or services to a listed company that is or that owns a member broker-dealer. 28 For example, in the case of an acquisition of a non-member subsidiary of a member in a transaction that did not result in an ongoing affiliation with the member, the transaction would not be regulated by the rule. 29 In some cases, such contracts may involve sharing of confidential information with a member in circumstances where a member acts as a fiduciary for BSE or one of its affiliates. The member would be required to take measures to prevent such information from being misused, and a failure to do so would constitute a violation of BSE rules, including, depending on the circumstances, Chapter II, Sections 14, 25, and 36, and Chapter XXXVII, Section 11. Amended rules to be proposed by BSE to govern equity trading in the future will maintain comparable prohibitions. The rule limits possible expansive interpretations of the term “affiliate” by stipulating that one entity is not deemed to be an affiliate of another entity solely by virtue of having a common director. For example, if one of the member representative directors of the Exchange is also a director of an Exchange member, that member would not be deemed to be an affiliate of the Exchange solely because of the common director. In addition, the rule should not be construed to regulate in any manner the selection of directors or standing committee members of the Exchange, NASDAQ OMX, the Nasdaq Exchange, or their affiliates, provided such selections are conducted in accordance with applicable provisions of governing corporate documents. In circumstances where a Commission filing is required, the rule may, in appropriate cases, permit a filing to be submitted on an immediately effective basis under Section 19(b)(3)(A) of the Act 30 and Rule 19b-4(f) thereunder. 31 For example, in cases where a proposed affiliation or business venture would not result in the establishment of a “facility” of the Exchange within the meaning of Section 3 of the Act, 32 a filing to establish rules to govern the operation of the affiliate or business venture would not be required or appropriate. Rather, in such circumstances, the Exchange would expect to engage in informal consultation with the Division of Trading and Markets and/or members of the Commission, and would then submit a filing to amend the rule itself, to establish that the affiliation or business venture could exist as an exception to the rule. Depending on the circumstances, such a filing might be submitted on an immediately effective basis. 30 15 U.S.C. 78s(b)(3)(A). 31 17 CFR 240.19b-4(f). 32 15 U.S.C. 78c. There are also several important exceptions to the general filing requirement of the rule. First, the rule would not require a filing for transactions that result in an Exchange member acquiring or holding an interest in NASDAQ OMX that is consistent with Chapter XXXIX, Section 1 (discussed above). Second, no filing is required for the Exchange or an entity affiliated with the Exchange acquiring or maintaining an ownership interest in, or engaging in a business venture with, an affiliate of an Exchange member if there are information barriers between the member and the Exchange and its facilities, such that the member:

(i)Will not be provided an informational advantage concerning the operation of the Exchange and its facilities, and will not be provided changes or improvements to the trading system that are not available to the industry generally or other Exchange members;

(ii)will not have knowledge in advance of other members of proposed changes, modifications, or improvements to the operations or trading systems of the Exchange and its facilities, including advance knowledge of Exchange filings pursuant to Section 19(b) of the Act;

(iii)will be notified of any proposed changes, modifications, or improvements to the operations or trading systems of the Exchange and its facilities in the same manner as other Exchange members are notified; and

(iv)will not share employees, office space, or databases with the Exchange or its facilities, NASDAQ OMX, or any entity that is controlled by NASDAQ OMX. 33 The Exchange's Regulatory Oversight Committee must certify, on an annual basis, to the Director of the Division of Trading and Markets, that the Exchange has taken all reasonable steps to implement the foregoing requirements with respect to any affiliate to which they apply and is in compliance therewith. 33 BSE will not construe these limitations to bar an employee of an affiliated member from serving on a BSE advisory committee, since:

(i)Such committee members will be required to sign confidentiality agreements with regard to information received through committee service, and

(ii)the committee member employed by the affiliate would receive information provided through committee service at the same time as other committee members. This exception is aimed at circumstances in which the Exchange or an affiliated entity acquires, or enters into a business venture with, an affiliate of an Exchange member, and the Exchange erects information barriers between the member and the Exchange and its facilities. Thus, the Exchange ensures that the member does not receive any advantage as a result of its affiliation. In connection with the adoption of this rule, it is also necessary for the Exchange to seek Commission approval under the rule for the affiliation that will result by virtue of the Merger between the Exchange and the two broker-dealer subsidiaries of the Nasdaq Exchange: Nasdaq Execution Services, LLC (“NES”) and NASDAQ Options Services, LLC (“NOS”). The acquisition of the entities that are now NES and NOS by The Nasdaq Stock Market, Inc. (now NASDAQ OMX) was approved by the Commission in 2004 and 2005. 34 The rules under which NES currently routes orders to other market centers were approved by the Commission in 2006 and subsequently amended on several occasions. 35 Notably, Nasdaq Exchange Rule 4758(b) establishes the parameters for operation of NES as follows:

(1)All routing of equities by the Nasdaq Exchange is performed by NES, which, in turn, routes orders to other market centers as directed by the Nasdaq Exchange;

(2)NES will not engage in any business other than:

(a)As a outbound router for the Nasdaq Exchange and

(b)any other activities it may engage in as approved by the Commission;

(3)NES will operate as a facility, as defined in Section 3(a)(2) of the Act, of the Nasdaq Exchange;

(4)for purposes of Commission Rule 17d-1, the designated examining authority of NES will be a self-regulatory organization unaffiliated with the Nasdaq Exchange or any of its affiliates;

(5)the Nasdaq Exchange shall be responsible for filing with the Commission rule changes related to the operation of, and fees for services provided by, NES, and NES shall be subject to exchange non-discrimination requirements;

(6)the books, records, premises, officers, agents, directors and employees of NES, as a facility of the Nasdaq Exchange, shall be deemed to be the books, records, premises, officers, agents, directors and employees of the Nasdaq Exchange for purposes of, and subject to oversight pursuant to, the Act, and the books and records of NES, as a facility of the Nasdaq Exchange, shall be subject at all times to inspection and copying by the Commission; and

(7)use of NES is optional. 34 *See* Order Granting Application for a Temporary Conditional Exemption Pursuant To Section 36(a) of the Exchange Act by the National Association of Securities Dealers, Inc. Relating to the Acquisition of an ECN by The Nasdaq Stock Market, Inc., Securities Exchange Act Release No. 50311 (September 3, 2004), 69 FR 54818 (September 10, 2004); Order Approving a Proposed Rule Change To Establish Rules Governing the Operation of the INET System, Securities Exchange Act Release No. 52902 (December 7, 2005), 70 FR 73810 (December 13, 2005) (SR-NASD-2005-128). 35 *See* Securities Exchange Act Release No. 56867 (November 29, 2007), 72 FR 69263 (December 7, 2007) (SR-NASDAQ-2007-065); Securities Exchange Act Release No. 56708 (October 26, 2007), 72 FR 61925 (November 1, 2007) (SR-NASDAQ-2007-078); Securities Exchange Act Release No. 55335 (February 23, 2007), 72 FR 9369 (March 1, 2007) (SR-NASDAQ-2007-005); Securities Exchange Act Release No. 54613 (October 17, 2006), 71 FR 62325 (October 24, 2006) (SR-NASDAQ-2006-043); Securities Exchange Act Release No. 54271 (August 3, 2006), 71 FR 45876 (August 10, 2006) (SR-NASDAQ-2006-027); and Securities Exchange Act Release No. 54155 (July 14, 2006), 71 FR 41291 (July 20, 2006) (SR-NASDAQ-2006-001). Currently, routing by NES on behalf of the Nasdaq Exchange takes two forms:

(i)Orders that access any liquidity on the Nasdaq Exchange book that has a price equal to or superior to the prices available on other “automated market centers” and thereafter route to seek the best available price, and

(ii)routing of “directed orders” to automated market centers other than the Nasdaq Exchange on an “immediate-or-cancel” basis. Such directed orders may be designated as “intermarket sweep orders,” which may be executed by the receiving venue based on the representation of the market participant that it has routed to all superior protected quotations, or not so designated, in which case the orders will execute only if their execution would not result in a trade-through. NOS serves as the outbound router for the Nasdaq Options Market (“NOM”), which commenced operations on March 31, 2008. Under NOM Rule Chapter VI, Section 11:

(1)NOM will route orders in options via NOS, which serves as the sole “Routing Facility” of NOM;

(2)the sole function of the Routing Facility will be to route orders in options listed and open for trading on NOM to away markets pursuant to NOM rules, solely on behalf of NOM;

(3)NOS is a member of an unaffiliated self-regulatory organization which is the designated examining authority for the broker-dealer;

(4)the Routing Facility is subject to regulation as a facility of the Nasdaq Exchange, including the requirement to file proposed rule changes under Section 19 of the Act;

(5)NOM shall establish and maintain procedures and internal controls reasonably designed to adequately restrict the flow of confidential and proprietary information between the Nasdaq Exchange and its facilities (including the Routing Facility), and any other entity; and

(6)the books, records, premises, officers, directors, agents, and employees of the Routing Facility, as a facility of the Nasdaq Exchange, shall be deemed to be the books, records, premises, officers, directors, agents, and employees of the Nasdaq Exchange for purposes of and subject to oversight pursuant to the Act, and the books and records of the Routing Facility, as a facility of the Exchange, shall be subject at all times to inspection and copying by the Nasdaq Exchange and the Commission. 36 36 *See* Securities Exchange Act Release No. 57478 (March 12, 2008), 73 FR 14521 (March 18, 2008) (SR-NASDAQ-2007-004 and -080) (“NOM Approval Order”). Unlike NES, NOS does not have a “directed order” for options that are trading on NOM; rather, all routable orders for options that are trading on NOM check the NOM book prior to routing. However, NOS also routes orders in options that are not trading on NOM. When routing orders in options that are not listed and open for trading on NOM, NOS will not be regulated as a facility of the Nasdaq Exchange but rather as a broker-dealer regulated by its designated examining authority. However, as provided by Chapter IV, Section 5 of the NOM Rules, all orders routed by NOS under these circumstances will be routed to away markets that are at the best price, and solely on an immediate-or-cancel basis. Although not explicitly stated in Chapter VI, Section 11, NOS, like NES, will be subject to exchange non-discrimination requirements, and the use of NOS will be optional. 37 In addition, NOS will not engage in any business other than the activities approved by the Commission in the NOM Approval Order and such other activities as may be approved by the Commission at a later date. 37 Consistent with this restriction, Chapter VI, Section 11 currently states that NOM participants can designate orders as either available for routing or not available for routing. In order to further restrict the interaction between the Exchange and NES and NOS, the Nasdaq Exchange has agreed that it will, prior to the closing of the Merger, amend its rules to change the routing practices of NES and NOS. With respect to NES, directed orders will not be eligible for routing to Exchange facilities (including a planned Exchange facility for trading equities). With respect to NOS, when routing orders in options that are not listed and open for trading on NOM, NOS will not route to Exchange facilities (including BOX). Routing of orders that check the Nasdaq Exchange and NOM books prior to routing to the Exchange will continue. The Exchange notes that at a later date, an equity trading system operated by the Exchange may opt to use NES to route on behalf of the Exchange. Similarly, if the Exchange operates an options trading system other than BOX following a future termination of relations between the Exchange and BOX, the Exchange may opt to use NOS to perform routing. 38 Such future uses of NES or NOS would be reflected in filings to establish the terms and conditions of such routing, but would not allow for routing of directed orders to the Nasdaq Exchange, NOM, or any other affiliated exchange or trading facility thereof. 38 In this regard, it should be noted that both the New York Stock Exchange LLC and NYSE Arca, Inc. (“NYSE Arca”) use NYSE Arca's broker-dealer subsidiary to perform routing. In light of the foregoing facts and circumstances, and in accordance with proposed Exchange Rule Chapter XXXIX, Section 2(a)(2), the Exchange proposes that NES and NOS be permitted to become affiliates of the Exchange subject to the following: • *With respect to NES:* NES remains a facility of the Nasdaq Exchange; use of NES's routing function by Nasdaq Exchange members continues to be optional; and NES does not provide routing of directed orders to the Exchange or any trading facilities thereof, unless such orders first attempt to access any liquidity on the Nasdaq Exchange book. • *With respect to NOS:* NOS remains a facility of the Nasdaq Exchange; use of NOS's Routing Facility function by Nasdaq Exchange members continues to be optional; and NOS does not provide routing of orders in options that are not listed and open for trading on NOM to the Exchange or any trading facilities thereof. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of Section 6 of the Act, 39 in general, and with Sections 6(b)(1), (b)(3) and (b)(5) of the Act, 40 in particular, in that the proposal: enables the Exchange to be so organized as to have the capacity to be able to carry out the purposes of the Act and to comply with and enforce compliance by Exchange Members and persons associated with Exchange Members with provisions of the Act, the rules and regulations thereunder, and the rules of the Exchange; is designed to assure a fair representation of Exchange Members in the selection of Directors; and is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. 39 15 U.S.C. 78f. 40 15 U.S.C. 78f(b)(1),

(3)and (5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period

(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or

(ii)as to which the self-regulatory organization consents, the Commission will:

(A)By order approve such proposed rule change, or

(B)Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-BSE-2008-23 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-BSE-2008-23. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BSE-2008-23 and should be submitted on or before May 29, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 41 Florence E. Harmon, Deputy Secretary. 41 17 CFR 200.30-3(a)(12). [FR Doc. E8-10093 Filed 5-7-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57762; File No. SR-BSE-2008-25] Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing of a Proposed Rule Change Relating to Proposal to Transfer Boston Stock Exchange, Inc.'s Ownership Interest in Boston Options Exchange Group, LLC May 1, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on April 23, 2008, the Boston Stock Exchange, Inc. (“BSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission” or “SEC”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the BSE. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to transfer its 21.87% ownership interest in the Boston Options Exchange Group, LLC (“BOX”), the operator of its Boston Options Exchange facility (“BOX Market”) 3 to MX US 2, Inc. (“MX US”), a wholly-owned U.S. subsidiary of the Montréal Exchange Inc. (“MX”), such that, following the transfer, the Exchange's aggregate Percentage Interest will be 0% and MX US's Percentage Interest will increase to 53.24%. 4 The Exchange will remain the Regulatory Authority 5 for the BOX Market and is submitting the proposed rule change to the Commission to approve the transfer of interests to MX US and to amend the Fifth Amended and Restated Operating Agreement (the “5th BOX LLC Agreement”) of BOX accordingly (such agreement, as amended, the “6th BOX LLC Agreement”). 6 The Exchange is requesting confidential treatment of the sections of the 6th BOX LLC Agreement, which contain confidential business information and do not relate to the control and governance of BOX. 3 15 U.S.C. 78c(a)(2). 4 MX US currently has a 31.37% ownership interest in BOX. The BSE notes that in SR-BSE-2008-06, MX US's ownership interest in BOX was rounded up to 31.4%. *See* Securities Exchange Act Release No. 57260 (February 1, 2008), 73 FR 7617 (February 8, 2008) (SR-BSE-2008-06). 5 The “Regulatory Authority” is defined as the BSE as the non-equity, non-Member authority of BOX and, together with and pursuant to delegated authority from BSE, the Boston Options Exchange Regulation LLC (“BOXR”), as approved by the SEC. *See* Section 1.1, 6th BOX LLC Agreement. 6 Capitalized terms not otherwise defined herein shall have the meanings set forth in the 6th BOX LLC Agreement. The text of the proposed rule change is available at the BSE, the Commission's Public Reference Room, and *http://www.bostonstock.com.* The text of Exhibits 3A and 3B of the proposed rule change are also available on the Exchange's Web site and on the Commission's Web site ( *http://www.sec.gov/rules/sro/bse.shtml* ). II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the BSE included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The BSE has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose On January 13, 2004, the Commission approved four BSE proposals that together established the BOX Market as a facility of the Exchange. 7 This proposal relates to Section 8.4(f) of the 5th BOX LLC Agreement, which requires that any Transfer 8 that results in the acquisition and holding by any Person, alone or together with any Affiliate of such Person, of an aggregate Percentage Interest level which meets or crosses the threshold level of 20% or any successive 5% Percentage Interest level 9 be subject to the rule filing process pursuant to Section 19(b)(1) of the Act 10 and Rule 19b-4 thereunder. 11 7 *See* Securities Exchange Act Release Nos. 49066 (January 13, 2004), 69 FR 2773 (January 20, 2004) (SR-BSE-2003-17) (establishing a fee schedule for the proposed BOX Market); 49065 (January 13, 2004), 69 FR 2768 (January 20, 2004) (SR-BSE-2003-04) (creating BOXR to which the BSE would delegate its self-regulatory functions with respect to the BOX Market); 49068 (January 13, 2004), 69 FR 2775 (January 20, 2004) (SR-BSE-2002-15) (approving trading rules for the BOX Market); and 49067 (January 13, 2004), 69 FR 2761 (January 20, 2004) (SR-BSE-2003-19) (approving certain regulatory provisions of the operating agreement of BOX). 8 A “Transfer” occurs when any member of BOX (“Member”) disposes of, sells, alienates, assigns, exchanges, participates, subparticipates, encumbers, or otherwise transfers in any manner all or any portion of its Units. See Section 8.1(a), 5th BOX LLC Agreement. 9 *See* Section 8.4(f), 5th BOX LLC Agreement. 10 15 U.S.C. 78s(b)(1). 11 17 CFR 240.19b-4. BSE Transfer of BOX Units The NASDAQ OMX Group, Inc. (“Nasdaq”) has entered into an agreement to purchase the BSE but not the BSE's BOX Units. In conjunction therewith, the BSE proposes to Transfer such BOX Units to MX US. The BSE is proposing to Transfer all of its BOX Units to MX US, which would result in the BSE's Percentage Interest falling to 0% and MX US's Percentage Interest increasing from 31.37% to 53.24%. Since MX US already holds an ownership interest in BOX in excess of 20% and the BSE's proposed Transfer of its BOX Units to MX US would cross the 5% threshold specified in Section 8.4(f) of the 5th BOX LLC Agreement, such Transfer necessitates SEC approval. 12 MX US, as a current Member of BOX, is already a party to, and is therefore bound by the provisions of, the 5th BOX LLC Agreement. 13 12 *See* Section 8.4(f), 5th BOX LLC Agreement. 13 Although MX has transferred its BOX Units to MX US, MX has signed an Instrument of Accession through which MX has agreed to abide by all of the provisions of the 5th BOX LLC Agreement, as amended and in effect from time to time, including those provisions requiring submission to the jurisdiction of the Commission. *See* SR-BSE-2008-28. The BSE states that the Act does not require that a self-regulatory organization (“SRO”) have any ownership interest in the operator of one of its facilities. The Commission has stated in a similar case involving the establishment of Archipelago Exchange (“ArcaEx”) as a facility of the Pacific Exchange, Inc. (“PCX”), that a national securities exchange need not have a significant ownership interest in the operator of one of its facilities. 14 Although the BSE will no longer hold an ownership interest in BOX, the BSE will continue to act as the SRO and regulatory services provider for the BOX Market. The BSE and BOXR, by delegated authority, will act as the Regulatory Authority for the BOX Market. Furthermore, the BOX Market will remain a facility of the BSE pursuant to Section 3(a)(2) of the Act. 15 14 *See* Securities Exchange Act Release No. 44983 (October 25, 2001), 66 FR 55225 (November 1, 2001) (SR-PCX-00-25). ArcaEx was operated by Archipelago Exchange LLC (“Arca LLC”). At the time of its approval, PCX's ownership interest in Arca LLC consisted solely of a 10% interest in Archipelago Holdings, LLC, the parent company of Arca LLC. 15 15 U.S.C. 78c(a)(2). Amendments to BOX LLC Agreement In conjunction with the BSE's Transfer of its BOX Units to MX US, the BSE is proposing to amend the 5th BOX LLC Agreement to reflect modifications to the BSE's role as Regulatory Authority of the BOX Market. Below is a description of certain proposed amendments to the 5th BOX LLC Agreement. Regulatory Director Since the BSE's Percentage Interest in BOX will be less than 8%, the BSE will no longer be entitled to maintain two directors on the BOX Board, but the BSE will have the right to designate one non-voting Regulatory Director 16 to the BOX Board, pursuant to Section 4.1(a)(i) of the 6th BOX LLC Agreement. 17 16 The “Regulatory Director” is defined as the individual designated as such by the BSE pursuant to Section 4.1(b) of the 6th BOX LLC Agreement. The Regulatory Director must be a member of the senior management of the regulation staff of the Regulatory Authority, who is separated from the business operations of the BSE via effective information barriers. The Regulatory Director shall not be an employee, officer, or director of Nasdaq or its Affiliates, other than the BSE and the BSE's subsidiaries. *See* Section 1.1, 6th BOX LLC Agreement. 17 As long as BOX Market remains a facility of the BSE pursuant to Section 3(a)(2) of the Act, the BSE shall have the right to retain/designate one Regulatory Director, whether or not the BSE is admitted as a Member of BOX. *See* Section 4.1(a)(i), 6th BOX LLC Agreement. Regulatory Veto Under the provisions of the 5th BOX LLC Agreement, the BSE holds veto power over certain “Major Actions,” which relate to both commercial and regulatory actions. 18 After the sale of the BSE's BOX Units to MX US, the BSE will continue to have a regulatory interest in the BOX Market but will no longer have a commercial interest in BOX. Consequently, the BSE will no longer hold veto power over Major Actions of BOX but will instead hold veto power over all regulatory actions (“Regulatory Veto”). The terms of the Regulatory Veto provide that the Regulatory Authority shall receive notice of planned or proposed changes to BOX (except certain Non-Market Matters) 19 or the BOX Market (including, but not limited to, the System) pursuant to procedures established by the mutual agreement of BOX and the Regulatory Authority, which will require an affirmative approval of such changes by the Regulatory Authority prior to implementation. 20 *The planned or proposed changes subject to the Regulatory Veto shall include, without limitation:*

(A)Planned or proposed changes to the System;

(B)the sale by BOX of any material portion of its assets;

(C)taking any action to effect a voluntary, or which would precipitate an involuntary, dissolution or winding up of BOX; or

(D)obtaining regulatory services from a regulatory services provider other than the Regulatory Authority. 21 The Regulatory Authority, in its sole discretion, may direct BOX, subject to approval of the BOXR Board, to modify a proposal as necessary to ensure that it does not cause a Regulatory Deficiency if the Regulatory Authority, in its sole discretion, determines that the proposed or planned changes to BOX or the BOX Market (including, but not limited to, the System) could cause a Regulatory Deficiency if implemented. 22 The Regulatory Authority will also have the authority to direct BOX, subject to the approval of the BOXR Board, to undertake modifications to BOX (but not to include Non-Market Matters) or the BOX Market as are necessary or appropriate to eliminate or prevent a Regulatory Deficiency in the event that the Regulatory Authority, in its sole discretion, determines that a Regulatory Deficiency exists or is planned. 23 18 *See* Section 4.4(b), 5th BOX LLC Agreement. 19 “Non-Market Matters” include changes relating solely to one or more of the following: Marketing, administrative matters, personnel matters, social or team-building events, meetings of Members, communication with Members, finance, location and timing of BOX Board meetings, market research, real property, equipment, furnishings, personal property, intellectual property, insurance, contracts unrelated to the operation of the BOX Market, and *de minimis* items. See Section 3.2(a)(ii), 6th BOX LLC Agreement. 20 *See* Section 3.2(a)(ii), 6th BOX LLC Agreement. 21 *Id.* 22 *See* Section 3.2(a)(iii), 6th BOX LLC Agreement. A “Regulatory Deficiency” is defined as “the operation of the BOX (in connection with matters that are not Non-Market Matters) or the BOX Market (including, but not limited to, the System) in a manner that is not consistent with the Regulatory Authority Rules and/or the SEC Rules governing the BOX Market or BOX Options Participants, or that otherwise impedes the Regulatory Authority's ability to regulate the BOX Market or BOX Options Participants or to fulfill its obligations under the Exchange Act as an SRO.” *See* Section 1.1, 6th BOX LLC Agreement. 23 *See* Section 3.2(a)(iv), 6th BOX LLC Agreement. Board Composition Although BOX itself will not carry out any regulatory functions, all of its activities must be consistent with the Act. For example, provisions set forth in Sections 4.2(a) and 5.3 of the 6th BOX LLC Agreement state that each unit holder and director of BOX agrees to cooperate with the Commission and the BSE in carrying out their regulatory responsibilities. The BOX Market, as a facility of an exchange, is not solely a commercial enterprise; it is an integral part of an SRO registered pursuant to the Act and is subject to the obligations imposed by the Act. These obligations endure so long as the BOX Market is a facility of the Exchange, regardless of whether the BSE has an ownership interest in BOX. In recognition of these obligations, the BSE has agreed that for so long as the BOX Market remains a facility of the BSE pursuant to Section 3(a)(2) of the Act, BOX shall have the right to recommend at least 10% of the BOXR Board (but no fewer than one director) for election to the BOXR Board. 24 *The BOXR director* recommended by BOX shall:

(1)Have the right to attend all BOXR Board meetings and committees thereof;

(2)receive equivalent notice of BOXR Board meetings and committees thereof as other BOXR directors; and

(3)receive a copy of the meeting materials provided to other BOXR directors, including, without limitation, agendas, action items, and minutes. 25 24 *See* Section 4.1(f), 6th BOX LLC Agreement. The BOXR Board shall also include at least two BOX Options Participant directors (but not less than 20% of all directors on the BOXR Board) selected in accordance with the BOXR Limited Liability Company Agreement and By-Laws and at least four directors who do not have a material direct or indirect relationship with Nasdaq, its Affiliates, or any Regulatory Outsourcing provider (other than service solely as a director of BOXR and/or BSE). *Id.* “Regulatory Outsourcing” is defined as all BOX-related regulatory functions that are outsourced by the BSE to the Financial Industry Regulatory Authority or other service provider that is an SRO. *See* Section 1.1, 6th BOX LLC Agreement. 25 *See* Section 4.1(f), 6th BOX LLC Agreement. The BSE has also agreed to delegate all actions and decisions relating to the Regulatory Authority Rules, 26 regulation of the BOX Market (except regulatory actions and decisions delegated to the BSE Regulatory Oversight Committee) and appeals from regulatory decisions of the BOXR Board to a committee of the BSE Board (the “BOX Committee”). 27 The resolutions to be adopted by the BSE Board to establish the BOX Committee are being filed herein as proposed rules of the Exchange. The resolutions reflect the compositional requirements for the BOX Committee that are also required by the 6th BOX LLC Agreement. 28 In addition, the resolutions provide that the BOX Committee may not be dissolved, and the resolutions and the powers of the BOX Committee established thereby may not be altered, amended, removed, or abridged, without the express written consent of BOX. In addition, any resolution or other action that would have the effect of dissolving the BOX Committee or altering, amending, removing, or abridging the resolutions or the powers of the BOX Committee established thereby must be submitted to the BSE Board, and if the same must be filed with, or filed with and approved by, the SEC under Section 19 of the Act, then it shall not be effective until filed with, or filed with and approved by, the SEC, as the case may be. 26 “Regulatory Authority Rules” are defined as the rules of the Regulatory Authority, including for the avoidance of doubt, the BOX Rules, that constitute “rules of an exchange,” within the meaning of Section 3 of the Act, and that pertain to the BOX Market. *See* Section 1.1, 6th BOX LLC Agreement. 27 *See* Section 4.1(f), 6th BOX LLC Agreement. 28 The BOX Committee of the BSE Board shall include a BOX Options Participant representative, in accordance with the BSE's By-Laws, to serve as a representative of BOX Options Participants and four other directors who do not have a material direct or indirect relationship with Nasdaq, its Affiliates, or any Regulatory Outsourcing provider (other than service as directors of the BSE and/or BOXR). Furthermore, at least 50% of the BOX Committee must be Public Directors, as defined in the BSE's By-Laws. *Id.* The BSE has also agreed that for so long as the BOX Market remains a facility of the BSE pursuant to Section 3(a)(2) of the Act, BOX shall have the right to designate one non-voting participant (“Non-Voting Participant”) to the BSE Board. 29 *The Non-Voting Participant shall:*

(1)Have the right to attend all meetings of the BOX Committee and all BOX-related deliberations of the BSE Board and committees thereof (collectively, “BOX-Related Meetings”);

(2)receive equivalent notice of BOX-Related Meetings as BSE directors; and

(3)receive a copy of the meeting minutes provided to BSE directors, including agendas, action items, and minutes for all BOX-Related Meetings. 30 29 *Id.* 30 *Id.* The BSE has agreed that the directors sitting on the BOXR Board or any committees thereof or the BOX Committee or otherwise engaged in BOX-Related Meetings (other than by membership on the BSE Regulatory Oversight Committee) shall not have a material direct or indirect relationship with Nasdaq or its Affiliates or any Regulatory Outsourcing provider (other than service as directors of the BSE and/or BOXR). 31 Furthermore, all other persons permitted to attend meetings of the BOXR Board or any committees thereof or the BOX Committee or otherwise engaged in BOX-Related Meetings shall not have a material direct or indirect relationship with Nasdaq or its Affiliates or any Regulatory Outsourcing provider unless they are:

(i)Permitted Recipients; 32

(ii)BOXR directors, officers, or employees;

(iii)other parties making presentations to directors of the BSE Board engaged in BOX-Related Meetings, the BOXR Board, BOX Committee, or BSE Regulatory Oversight Committee, if such parties' participation is only to the extent necessary to make such presentations; or

(iv)consented to by BOX. 33 31 *See* Section 4.1(f), 6th BOX LLC Agreement. Material direct or indirect relationship includes, without limitation, any of the following: Being an Affiliate; serving as a board member, employee, officer, consultant, advisor, or any Regulatory Outsourcing provider; being a party to any contractual or other relationship pursuant to which more than $50,000 is paid; reporting to, controlling, being controlled by, or holding an investment greater than 5% in any such Person; and being a parent, child, sibling, spouse, or in-law of such Person. *Id.* 32 *“Permitted Recipients” are defined as:*

(A)The BSE's Chief Regulatory Officer and only those members of his regulatory staff responsible for regulatory technology and budget, counsel to the BSE's Chief Regulatory Officer, or staff of the BSE's internal audit department (it being agreed and understood, for purposes of this definition that these roles may be performed for the BSE by Nasdaq employees serving comparable regulatory functions for Nasdaq),

(B)any member of the BSE Board serving on the BOX Committee or the BSE Regulatory Oversight Committee,

(C)Nasdaq's Chief Regulatory Officer and his staff in the Office of General Counsel,

(D)any member of the Nasdaq Board of Directors serving on the Nasdaq Regulatory Oversight Committee, and

(E)any Professional Services provider. *See* Section 1.1, 6th BOX LLC Agreement. “Professional Services” is defined as services performed by outside counsel, consultants, Regulatory Outsourcing, or subcontractors for the benefit of BOX or the BOX Market. *Id.* 33 *See* Section 4.1(f), 6th BOX LLC Agreement. Books and Records In accordance with the BSE's obligations as the SRO for the BOX Market, the books, records, premises, officers, directors, agents, and employees of BOX shall be deemed to be the books, premises, officers, directors, agents, and employees of the Regulatory Authority for the purpose of, and subject to, oversight pursuant to the Act. 34 Furthermore, the books and records of BOX shall be subject at all times to inspection and copying by the Regulatory Authority and the SEC. 35 Inspection, copying, and review of the books and records of BOX by the Regulatory Authority at the premises of BOX, and access to any copied books and records removed from the premises of BOX or produced to the Regulatory Authority at its request, shall in all cases be conducted by, or limited to, BSE employees who are Permitted Recipients and/or directors or employees of BOXR. 36 34 *See* Section 12.1, 6th BOX LLC Agreement. 35 *Id.* BOX shall not be entitled to refuse the inspection, review, or copying of its books and records by the Regulatory Authority as provided in Section 12.1 of the 6th BOX LLC Agreement but shall be entitled to damages in the event any inspection, copying, or review of BOX books and records by the Regulatory Authority is, in whole or in part, used by the Regulatory Authority or any of its Affiliates for any purpose other than to fulfill the Regulatory Authority's regulatory obligations. *Id.* 36 *Id.* Confidential Information All Members of BOX and the Regulatory Authority are prohibited from using BOX Confidential Information 37 otherwise than in connection with its respective activities contemplated by the 6th BOX LLC Agreement and other related agreements (the “Agreements”) or pursuant to the Act and the rules and regulations thereunder. 38 All Members of BOX and the Regulatory Authority are prohibited from disclosing any BOX Confidential Information to any Person except as expressly permitted by the Agreements and pursuant to the Act and the rules and regulations thereunder. 39 The Commission and the Regulatory Authority, however, are not limited or impeded in their right to access and examine BOX Confidential Information. In addition, the 6th BOX LLC Agreement does not limit or impede the ability of a Member, officer, director, agent, or employee of a Member to disclose BOX Confidential Information to the SEC or the Regulatory Authority. 40 37 “BOX Confidential Information” includes any financial, scientific, technical, trade, or business secrets of BOX and any financial, scientific, technical, trade, or business materials that BOX treats, or is obligated to treat, as confidential or proprietary, including, but not limited to, innovations or inventions belonging to BOX and confidential information obtained by or given to BOX about or belonging to its suppliers, licensors, licensees, partners, affiliates, customers, potential customers, or others. The definition of BOX Confidential Information, with respect to any Person, shall not include information which:

(i)*Is* publicly known through publication or otherwise through no wrongful act of such Person; or

(ii)is received by such Person from a third Party who rightfully discloses it to such Person without restriction on its subsequent disclosure. *See* Section 1.1, 6th BOX LLC Agreement. 38 *See* Section 16.2, 6th BOX LLC Agreement. 39 *Id.* No Member or Regulatory Authority shall share BOX Confidential Information with Nasdaq or its Affiliates, other than BSE and BOXR, or as permitted in the Regulatory Services Agreement. *Id.* 40 *See* Section 16.5, 6th BOX LLC Agreement. Furthermore, all confidential information, including BOX Confidential Information, pertaining to regulatory matters of BOX and the BOX Market (including, but not limited to, disciplinary matters, trading data, trading practices, and audit information) contained in the books and records of BOX shall:

(i)Not be made available to any persons other than to those officers, directors, employees, and agents of BOX that have a reasonable need to know the contents thereof;

(ii)be retained in confidence by BOX and the officers, directors, employees, and agents of BOX; and

(iii)not be used for any commercial purposes. 41 Future Amendments to BOX LLC Agreement When BOX formally presents any amendments, modifications, waivers, or supplements to the 6th BOX LLC Agreement or any future amended BOX LLC Agreement (“BOX LLC Agreement”) to the BOX Board for approval, BOX represents that it will provide prompt notice to the Regulatory Authority and the Regulatory Director and submit any proposed amendments to the BOX Committee for its review and filing with the SEC if deemed necessary under Section 19 of the Act and the rules promulgated thereunder. 42 BOX, however, shall not be required to obtain the approval of the Regulatory Authority for any amendment to the BOX LLC Agreement pursuant to which the BOX Market would cease to be a facility of the BSE within the meaning of Section 3 of the Act, provided that such amendment shall be filed with, or filed with and approved by, the SEC, as the case may be, before such amendment may be effective. 43 In the event the BSE ceases to be the Regulatory Authority, the BSE shall no longer be a party to the BOX LLC Agreement and thereafter the provisions of the BOX LLC Agreement shall not apply to the BSE or BOXR except for certain delineated provisions, which shall survive. 44 41 *See* Section 16.6, 6th BOX LLC Agreement. 42 *See* Section 19.1, 6th BOX LLC Agreement. 43 *Id.* 44 *Id.* Jurisdiction Each Member of BOX acknowledges that, to the extent that they are related to BOX activities, the books, records, premises, officers, directors, agents, and employees of the Members shall be deemed to be the books, records, premises, officers, directors, agents, and employees of the Regulatory Authority for the purpose of and subject to oversight pursuant to the Act. 45 BOX, the Members and the officers, directors, agents, and employees of each, irrevocably submit to the exclusive jurisdiction of the U.S. federal courts, the SEC, and the Regulatory Authority for the purposes of any suit, action, or proceeding pursuant to the U.S. federal securities laws and the rules or regulations thereunder, arising out of, or relating to, BOX activities or Section 19.6(a) of the 6th BOX LLC Agreement. 46 Furthermore, BOX, the Regulatory Authority, and each Member are required to take necessary action to ensure that the officers, directors, and employees of BOX, the Regulatory Authority, and each Member consent to the applicability of certain of the provisions in the 6th BOX LLC Agreement, including provisions relating to confidentiality, books and records, and jurisdiction. 47 45 *See* Section 19.6(a), 6th BOX LLC Agreement. 46 *See* Section 19.6(b), 6th BOX LLC Agreement. 47 *See* Section 19.6(c), 6th BOX LLC Agreement. Conclusion The BSE will remain the SRO for the BOX Market, and the BSE will continue to provide the regulatory services for the BOX Market in order for BOX to conduct BOX's business in a manner consistent with the regulatory and oversight responsibilities of the BSE, even though the BSE will no longer have an ownership interest in BOX. The BSE proposes to amend the 5th BOX LLC Agreement to make the aforementioned changes and reflect the BSE's status as the Regulatory Authority. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the requirements of Section 6(b) of the Act, 48 in general, and furthers the objectives of Section 6(b)(1) of the Act, 49 in particular, in that it ensures that the Exchange is so organized and has the capacity to carry out the purposes of the Act and to comply and to enforce compliance by the Exchange's members with the Act, the rules and regulations of the Act, and the rules of the Exchange. The Exchange also believes that the proposal is consistent with the requirements of Section 6(b)(5) of the Act, 50 in particular, in that it is designed to facilitate transactions in securities, to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to, and perfect the mechanism of a free and open market and a national market system, and in general, to protect investors and the public interest. 48 15 U.S.C. 78f(b). 49 15 U.S.C. 78f(b)(1). 50 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has neither solicited nor received comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period

(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or

(ii)as to which the Exchange consents, the Commission will:

(A)By order approve such proposed rule change, or

(1)Significantly affect the protection of investors or the public interest;

(2)impose any significant burden on competition; and

(3)become operative for 30 days after the date of this filing, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 10 and Rule 19b-4(f)(6) thereunder. 11 10 15 U.S.C. 78s(b)(3)(A). 11 17 CFR 240.19b-4(f)(6). A proposed rule change filed under 19b-4(f)(6) normally may not become operative prior to 30 days after the date of filing. 12 However, Rule 19b-4(f)(6)(iii) 13 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has requested that the Commission waive the 30-day operative delay. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because such waiver would allow the Exchange to implement the proposal without needless delay. The Commission notes that it recently modified the definition of Qualified Contingent Trade originally adopted in the Exemptive Order. 14 For this reason, the Commission designates the proposed rule change to be operative upon filing with the Commission. 15 12 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-4(f)(6)(iii) requires that a self-regulatory organization submit to the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied the five-day pre-filing notice requirement. 13 *Id.* 14 *See* Revised Exemptive Order, *supra* note 7. 15 For the purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). At any time within 60 days of the filing of such proposed rule change the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors or otherwise in furtherance of the purposes of the Act. 16 16 15 U.S.C. 78s(b)(3)(C). For purposes of calculating the 60-day period within which the Commission may summarily abrogate the proposal, the Commission considers the period to commence on May 1, 2008, the date on which the Exchange submitted Amendment No. 1. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-CHX-2008-06 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-CHX-2008-06. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of CHX. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CHX-2008-06 and should be submitted on or before May 29, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 17 17 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-10210 Filed 5-7-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57769; File No. SR-FINRA-2008-015] Self-Regulatory Organizations: Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delay the Effective Date of Certain FINRA Rule Changes Approved in SR-NASD-2004-183 May 2, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on April 17, 2008, Financial Industry Regulatory Authority, Inc. (“FINRA”) (f/k/a National Association of Securities Dealers, Inc. (“NASD”)) filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by FINRA. FINRA has designated the proposed rule change as constituting a “non-controversial” rule change under paragraph (f)(6) of Rule 19b-4 under the Act, 3 which renders the proposal effective upon receipt of this filing by the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change FINRA is proposing a rule change to delay the effective date of paragraphs

(c)and

(d)of Rule 2821, as approved in SR-NASD-2004-183, until after the Commission has approved or disapproved a proposed substantive rule change to Rule 2821 that FINRA intends to file in the near future. That substantive rule change is not included in this proposed rule change, but will be the subject of a separate filing with the SEC. 4 There are no changes to the text of NASD Rule 2821 in this proposed rule change. 4 In the separate filing, FINRA plans to propose changing the event that triggers the beginning of the period within which the principal must review and determine whether to approve or reject the application. FINRA also intends to propose limiting application of the rule to recommended transactions. Finally, FINRA plans to propose to clarify various other issues, including whether (and, if so, under what circumstances) a broker-dealer can forward funds to an affiliated insurance company prior to the principal's approval of the transactions. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, FINRA included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. FINRA has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose On September 7, 2007, the Commission noticed the filing of Amendment Nos. 3 and 4 and granted accelerated approval of SR-NASD-2004-183, FINRA's new NASD Rule 2821, regarding broker-dealers' compliance and supervisory responsibilities for transactions in deferred variable annuities. 5 On November 6, 2007, FINRA published *Regulatory Notice* 07-53, which announced the Commission's approval of Rule 2821 and established May 5, 2008 as the rule's effective date. Following SEC approval of the rule and publication of the *Regulatory Notice* , several firms requested that the effective date of the approved rule be delayed to allow firms additional time to make necessary systems changes. In addition, some firms raised various concerns regarding paragraph

(c)of Rule 2821 (Principal Review and Approval), which had been revised by Amendment No. 4. 5 *See* SEC Order Approving FINRA's NASD Rule 2821 Regarding Members' Responsibilities for Deferred Variable Annuities, Securities Exchange Act Release No. 56375 (Sept. 7, 2007), 72 FR 52403 (Sept. 13, 2007) (SR-NASD-2004-183); SEC Corrective Order, Securities Exchange Act Release No. 56375A (Sept. 14, 2007), 72 FR 53612 (Sept. 19, 2007) (SR-NASD-2004-183) (correcting the rule's effective date). Rule 2821(c), in part, requires principal review and approval “[p]rior to transmitting a customer's application for a deferred variable annuity to the issuing insurance company for processing, but no later than seven business days after the customer signs the application.” A number of firms asserted that seven business days beginning at the time when the customer signs the application may not allow for a thorough principal review in all cases. These firms asked that a different timing mechanism be used. Rule 2821(c) also states that a principal must treat “all transactions as if they have been recommended for purposes of this principal review” and may only approve the transaction if he or she determines “that there is a reasonable basis to believe that the transaction would be suitable based on the factors delineated in paragraph

(b)of this Rule.” A principal who determines that the transaction is unsuitable nonetheless may authorize the processing of the transaction if the principal determines that the transaction was not recommended and that the customer, after being informed of the reason why the principal found it to be unsuitable, affirms that he or she wants to proceed with the purchase or exchange of the deferred variable annuity. Some firms questioned whether broker-dealers that do not make any recommendations to customers (and generally do not employ principals to perform suitability reviews) should be subject to this provision. Finally, in Regulatory Notice 07-53, FINRA stated that Rule 2821(c) does not permit the depositing of a customer's funds in an account at the insurance company prior to completion of principal review. In response to the *Regulatory Notice,* a number of firms explained that insurers' financial controls regarding the receipt of money from customers often include holding such funds in a general “suspense” account at the insurer. According to these firms, insurers use an identifier to track money held in the suspense account and, if a contract is not issued, the funds are promptly returned to the customer. The firms further stated that this process has been used for many years without complications, makes processing much more efficient and effective, and receives significant scrutiny by examiners from the SEC and state insurance departments. Accordingly, these firms asked that insurers be allowed to deposit customer funds in suspense accounts under certain circumstances. In light of those concerns, among others, FINRA staff believed it was prudent to give further consideration to paragraph

(c)of Rule 2821 and the interpretation addressed in the *Regulatory Notice* to determine whether the original scheduled effective date might cause certain unintended and potentially harmful consequences. FINRA then asked the Commission to delay the effective date of paragraph

(c)of Rule 2821, approved in SR-NASD-2004-183, until August 4, 2008. FINRA explained that all other parts of Rule 2821 approved in SR-NASD-2004-183 would become effective as scheduled on May 5, 2008. Finally, FINRA stated that if, based on this additional review, FINRA concluded that further rulemaking was warranted, FINRA would file a separate rule change with the Commission. On January 29, 2008, the Commission granted FINRA's proposed rule change to delay implementation of certain FINRA rule changes approved in SR-NASD-2004-183 until August 4, 2008. 6 6 *See* Securities Exchange Act Release No. 57228 (Jan. 29, 2008), 73 FR 7017 (Feb. 6, 2008) (Order approving SR-FINRA-2007-040). FINRA has now concluded its review and will soon propose substantive amendments to Rule 2821, as discussed above. FINRA is filing this proposed rule change to delay the effective dates of paragraphs

(c)and

(d)of Rule 2821 until 180 days following the SEC's approval or disapproval of the substantive amendment that FINRA plans to file in the near future. FINRA has filed this proposed rule change as a “non-controversial” rule change that is effective upon filing. FINRA is proceeding in this manner to give firms notice that they will not need to comply with these provisions until a later date. Paragraphs (a), (b), and

(e)of Rule 2821, as approved in SR-NASD-2004-183, will become effective as scheduled on May 5, 2008. 2. Statutory Basis FINRA believes that the proposed rule change is consistent with the provisions of Section 15A(b)(6) of the Act, 7 which requires, among other things, that FINRA rules must be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest. The rule change will promote investor protection because it will allow firms to better prepare procedures and systems to implement paragraphs

(c)and

(d)of Rule 2821 and will allow the Commission to more fully consider the new substantive rule change that FINRA intends to file in the near future. 7 15 U.S.C. 78o-3(b)(6). B. Self-Regulatory Organization's Statement on Burden on Competition FINRA does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not:

(i)Significantly affect the protection of investors or the public interest;

(ii)impose any significant burden on competition; and

(i)Execution and routing of orders for securities listed on Nasdaq (“Nasdaq Trades”);

(ii)execution of securities listed on the New York Stock Exchange (“NYSE”), routing of NYSE-listed securities to venues other than the NYSE, and routing of NYSE-listed exchange-traded funds to the NYSE (collectively, “Covered NYSE Trades”); and

(iii)execution and routing of orders for securities listed on exchanges other than Nasdaq and NYSE (“Regional Trades”). The changes are designed to promote Nasdaq as a liquid and transparent venue for executing all exchange-listed securities by, in general, increasing the credit provided to members providing displayed liquidity through Nasdaq and decreasing the credit provided to members providing non-displayed liquidity. Nasdaq is also increasing the fees to access and/or route liquidity using orders that check the Nasdaq book prior to routing. Fees for routing orders that do not check the Nasdaq book prior to routing will remain unchanged, as will the fees for routing orders other than exchange-traded funds to the NYSE. Similarly, fees for securities priced at less than $1, fees for routing odd-lots, and fees for routing orders that are charged a fee by exchange specialists are not changing. 5 The proposed rule change also corrects typographical errors in Rule 7018(a)(2). Under the revised pricing schedule, a member with an average daily volume through the Nasdaq Market Center in all securities during the month of

(i)more than 35 million shares of liquidity provided, and

(ii)more than 55 million shares of liquidity accessed and/or routed will pay $0.0029 per share executed, 6 and other members will pay $0.003. However, a member that would otherwise pay $0.003 to execute trades in the Nasdaq Market Center will instead pay $0.00295 if it accesses a daily average of more than 55 million shares of liquidity through the Nasdaq Market Center in the month. 7 6 Currently, members with an average daily volume of

(i)more than 20 million shares of liquidity provided and

(ii)more than 35 million shares of liquidity accessed and/or routed, pay $0.0028 per share executed for Nasdaq Trades, $0.0029 per share executed for Covered NYSE Trades, $0.0028 per share executed for Regional Trades executed at Nasdaq, and $0.0029 for routing Regional Trades. Members with an average daily volume of more than 35 million shares of liquidity provided and

(ii)more than 55 million shares of liquidity accessed and/or routed; or with an average daily volume of

(i)more than 25 million shares of liquidity provided, and

(ii)more than 65 million shares of liquidity accessed and/or routed currently pay $0.0026 per share executed for Nasdaq Trades, $0.0028 per share executed for Covered NYSE Trades, $0.0026 for Regional Trades executed at Nasdaq, and $0.0028 per share executed for routing Regional Trades. Other members currently pay $0.003 per share executed. 7 Currently, a member that accesses an average of 55 million shares of liquidity or more through the Nasdaq Market Center in a month pays $0.00265 for Nasdaq Trades and Regional Trades executed in the Nasdaq Market Center and $0.00285 for NYSE Covered Trades executed in the Nasdaq Market Center unless the member qualifies for a better rate. Members that provide an average daily volume through the Nasdaq Market Center in all securities during the month of more than 35 million shares of liquidity provided will receive a credit of $0.0028 per share for executions against displayed liquidity and $0.0015 per share for executions against non-displayed liquidity. 8 Members with an average daily volume through the Nasdaq Market Center in all securities during the month of more than 20 million shares of liquidity provided (but that do not qualify for the higher credit described in the preceding sentence) will receive a credit of $0.0025 per share for executions against displayed liquidity and $0.001 per share for executions against non-displayed liquidity. 9 Other members will receive a credit of $0.002 per share for executions against displayed liquidity and $0.001 per share for executions against non-displayed liquidity. 10 Nasdaq is also eliminating a program under which certain “low-volume securities” listed on exchanges other than Nasdaq or NYSE qualified for an enhanced liquidity provider credit of $0.004 for displayed liquidity and $0.0039 for non-displayed liquidity. When Nasdaq introduced this program, it also amended Rule 7013 to eliminate market data revenue sharing for these low-volume securities. Accordingly, Nasdaq is against amending this rule to reinstate revenue sharing for transactions in these securities executed through the Nasdaq Market Center, at the same 50% level previously in effect. 8 Currently, members at these volume levels receive $0.0025 for displayed Nasdaq Trades and Regional Trades, $0.024 for non-displayed Nasdaq Trades and Regional Trades, $0.0027 for displayed Covered NYSE Trades, and $0.0026 for non-displayed Covered NYSE Trades. 9 Currently, members at these volume levels receive $0.0023 for displayed Covered NYSE Trades, $0.0022 for non-displayed Covered NYSE Trades, $0.0022 for displayed Nasdaq Trades and Regional Trades, and $0.0021 for non-displayed Nasdaq Trades and Regional Trades. 10 Currently, members at these volume levels receive $0.002 for displayed trades in all securities and $0.0019 for non-displayed trades in all securities. 2. Statutory Basis Nasdaq believes that the proposed rule change is consistent with the provisions of Section 6 of the Act, 11 in general, and with Section 6(b)(4) of the Act, 12 in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among members and issuers and other persons using any facility or system which Nasdaq operates or controls. The impact of the changes upon the net fees paid by a particular market participant will depend upon a number of variables, including its monthly volume, the order types it uses, and the prices of its quotes and orders ( *i.e.* , its propensity to add or remove liquidity). Nasdaq notes that it operates in a highly competitive market in which market participants can readily direct order flow to competing venues if they deem fee levels at a particular venue to be excessive. Although the proposed rule change increases order execution and routing fees and decreases liquidity provider credits for non-displayed liquidity, it also increases credits for displayed liquidity. Nasdaq believes that its fees remain competitive with those charged by other venues and therefore continue to be reasonable and equitably allocated to those members that opt to direct orders to Nasdaq rather than competing venues. 11 15 U.S.C. 78f. 12 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition Nasdaq does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act, as amended. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change has become effective upon filing with the Commission pursuant to Section 19(b)(3)(A)(ii) of the Act 13 and Rule 19b-4(f)(2) thereunder, 14 in that the proposed rule change establishes or changes a member due, fee, or other charge imposed by the self-regulatory organization. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 13 15 U.S.C. 78s(b)(3)(A)(ii). 14 17 CFR 240.19b-4(f)(2). IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-NASDAQ-2008-036 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NASDAQ-2008-036. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of Nasdaq. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NASDAQ-2008-036 and should be submitted on or before May 29, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 15 15 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-10211 Filed 5-7-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57759; File No. SR-NYSEArca-2008-44] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Rule 6.62 To Include an Opening Only Order May 1, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on April 23, 2008, NYSE Arca, Inc. (“NYSE Arca” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared substantially by NYSE Arca. NYSE Arca filed the proposed rule change as a “non-controversial” proposed rule change pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders it effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend NYSE Arca Rule 6.62 to include an additional order type, known as the Opening Only Order, to provide investors greater flexibility. The text of the proposed rule change is available at *http://www.nyse.com* , the principal office of NYSE Arca, and the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, NYSE Arca included statements concerning the purpose of and basis for the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. NYSE Arca has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose In order to provide additional flexibility and increased functionality to its system and its users, the Exchange proposes to amend NYSE Arca Rule 6.62 in order to add a new order type known as the Opening Only Order. 5 The Opening Only Order will provide investors with the opportunity to enter orders that will participate only in the Opening Auction, and not be available for trading after the opening. Some investors wish to transact business when a series opens for trading, but not later. Currently, without an Opening Only Order, these investors must cancel any unexecuted portion of an order after the opening. During the time between the opening and the submission and processing of the cancellation, the order entrant is exposed to the risk of an unwanted execution. Opening Only Orders that are not executed during the Opening Auction will automatically be cancelled. The Opening Only Order offers investors greater flexibility to manage their risk. 6 5 Opening Only Orders will only apply to the Opening Auction on the OX system. This order type will not be available for PCX Plus Opening Rotations. NYSE Arca has decommissioned its PCX Plus system. 6 This order type is substantially similar to the opening order offered by the Philadelphia Stock Exchange (Rule 1066(c)(5)) and by the Chicago Board Options Exchange (Rule 6.53(l)). Although not currently a defined order type and not currently accepted by the Exchange, NYSE Arca Rule 6.64A(b) already provides for the implementation and inclusion of “opening only” orders in the opening auction. 7 7 Rule 6.64A(b) reads in part: “Contingency orders (except for `opening only' orders) will not participate in the Auction Process.” 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of Section 6 of the Act, 8 in general, and with Section (b)(5) of the Act, 9 in particular, in that the proposal is designed to prevent fraudulent and manipulative practices, promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. 8 15 U.S.C. 78f. 9 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not:

(i)Significantly affect the protection of investors or the public interest;

(ii)impose any significant burden on competition; and

(iii)become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 10 and Rule 19b-4(f)(6) thereunder. 11 10 15 U.S.C. 78s(b)(3)(A). 11 17 CFR 240.19b-4(f)(6). A proposed rule change filed under 19b-4(f)(6) normally may not become operative prior to 30 days after the date of filing. 12 However, Rule 19b-4(f)(6)(iii) 13 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has requested that the Commission waive the 30-day operative delay so that the proposal can become operative immediately. The Exchange believes that the creation of an opening only order type helps to promote a fair, orderly and competitive options market. Further, the Exchange notes that waiver of the operative delay will immediately afford market participants on NYSE Arca the same investment opportunities presently available at other option exchanges. Based on the foregoing, the Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest, and therefore designates the proposal as operative upon filing. 14 12 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. NYSE Arca has complied with this requirement. 13 *Id.* 14 For purposes only of waiving the 30-day operative delay of this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File No. SR-NYSEArca-2008-44 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEArca-2008-44. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of NYSE Arca. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEArca-2008-44 and should be submitted on or before May 29, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 15 15 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-10250 Filed 5-7-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57768; File No. SR-DTC-2007-10] Self-Regulatory Organizations; The Depository Trust Company; Order Granting Accelerated Approval of an Amended Proposed Rule Change To Implement the New Issue Information Dissemination Service for Municipal Securities May 2, 2008. I. Introduction On August 16, 2007, The Depository Trust Company (“DTC”) filed with the Securities and Exchange Commission (“Commission”) and on September 12, 2007, 1 March 3, 2008, 2 and April 9, 2008 3 amended proposed rule change SR-DTC-2007-10 pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”). 4 Notice of the proposal was published in the **Federal Register** on October 3, 2007, 5 March 24, 2008, 6 and April 16, 2008. 7 The Commission received no comment letters. For the reasons discussed below, the Commission is approving the proposed rule change on an accelerated basis. 1 The amendment changed a misplaced word in a footnote. 2 The amendment changed the implementation date of the service and made other technical changes. 3 The amendment changed the implementation date of the service. 4 15 U.S.C. 78s(b)(1). 5 Securities Exchange Act Release No. 56552 (September 27, 2007), 72 FR 56407. 6 Securities Exchange Act Release No. 57513 (March 17, 2008), 73 FR 15548. 7 Securities Exchange Act Release No. 57647 (April 10, 2008), 73 FR 20727. II. Description The New Issue Identification Dissemination Service (“NIIDS”) is designed to improve the process by which municipal securities new issue information is provided by underwriters to information vendors. NIIDS will provide for the collection of information about new issues from underwriters or their representatives in an electronic format and for making that data available immediately to information vendors. NIIDS is designed to enable the dissemination of new issue information as quickly and efficiently as possible after the information is made available by underwriters. Municipal Securities Rulemaking Board (“MSRB”) Rule G-14 generally requires municipal securities dealers to report municipal securities transactions to the MSRB within 15 minutes of the time of the trade. 8 Inter-dealer trades eligible for comparison by a clearing agency are required to be submitted to the MSRB through the National Securities Clearing Corporation's (“NSCC”) Real Time Trade Matching System (“RTTM”) within the 15 minute time frame in Rule G-14. NSCC requires certain securities information in order to process and to report transactions involving those securities. Therefore, it is necessary that dealers trading newly issued municipal securities have the securities information needed for trade submission by the time the trade is required to be reported. 8 MSRB Rule G-14, RTRS Procedures (a)(ii). Pursuant to current practice in the municipal securities market, each information vendor works separately to obtain information from offering documents and from underwriters. Each information vendor's success in obtaining information about newly issued municipal securities depends in large part upon the voluntary cooperation of the underwriters. It is not unusual for information vendors to have inconsistent information or for some information vendors to receive information before others. Consequently, critical new issue information may be missing, inaccurate, or both in the automated trade processing systems used by dealers to report trades in new issues. This can result in the late submission of trade reports or in trade reports that must be canceled and resubmitted or amended because they contain inaccurate data. To address concerns that dealers often lack timely access to electronically formatted accurate securities information necessary to process and report municipal securities transactions in real-time, MSRB Rule G-14 provides for reporting of trades within three-hours of the time of trade for a dealer trading in “when, as, and if issued” municipal securities if the dealer is not a syndicate manager or syndicate member for the issue, has not traded the issue in the previous year, and does not have the CUSIP information or indicative data for that issue in their securities master file (“Reporting Exemption”). 9 The Reporting Exemption will expire in 2008. In order to prepare for the Reporting Exemption's expiration, the Securities Industry and Financial Markets Association asked DTC to include a centralized automated mechanism for the real-time collection and dissemination of the required information as part of the planned reengineering of DTC's underwriting system. In response to this request, DTC built NIIDS to help make the collection and dissemination of municipal securities new issue information more efficient for the industry. 9 MSRB Rule G-14, RTRS Procedures (a)(ii)(C). NIIDS Process To commence the process, the Dissemination Agent for a new issue municipal security must input the key data elements required for the reporting, comparison, confirmation, and settlement of trades in municipal securities (“NIIDS Data Elements”) into NIIDS. The inputting will constitute a request that DTC make the information available to the industry through NIIDS. DTC will not confirm the accuracy of the NIIDS Data Elements and will act only as a conduit to pass along such information to data vendors. 10 DTC anticipates the data vendors will then disseminate the information to the industry thereby enabling dealers to make timely and accurate reporting of their municipal trades. DTC will record the name of the Dissemination Agent that inputs the NIIDS Data Elements and the time such information is submitted. DTC will begin disseminating the data when it has received authorization from the Dissemination Agent through NIIDS. In addition, NIIDS will contain the contact information for the Dissemination Agent that populated the NIIDS Data Elements for each issue to enable users of the data to contact them with questions or comments. 10 Data vendors or others that wish to receive NIIDS Data Elements must register in advance with DTC. DTC is providing NIIDS to the industry in order to facilitate the collection and dissemination of municipal securities new issue information. As DTC is only a conduit of the information and does not confirm the validity of any of the NIIDS Data Elements, use of NIIDS by any party will constitute an agreement that DTC shall not be liable for any loss or damages in relation to its collection and dissemination of NIIDS Data Elements. Each NIIDS user will agree to indemnify and hold harmless DTC and its affiliates from and against any and all losses, damages, liabilities, costs, judgments, charges, and expenses arising out of or relating to the use of NIIDS. Optional Use of NIIDS The MSRB would like dealers to be able to use NIIDS before requiring them to so by rule. 11 The MSRB has filed with the Commission a proposed rule change that ultimately would require underwriters to use NIIDS in 2008. 12 DTC intends to provide the municipal securities industry the opportunity to start using NIIDS on May 5, 2008. Mandated use of NIIDS for municipal securities is expected to commence September 2, 2008. DTC believes that the municipal securities industry will use NIIDS during the period NIIDS is optional (“Optional Period”) in order to become accustomed to it. This may result in Dissemination Agents inputting incomplete or inaccurate NIIDS Data Elements while getting acquainted with NIIDS. Therefore, no one should rely on the accuracy of the NIIDS Data Elements during the Optional Period but rather should continue to also use existing authorized sources of such information. 11 The MSRB received comment on its proposed rules that would require underwriters of municipal securities to participate in NIIDS. See Comments on MSRB Notice 2007-10 (March 5, 2007) at *http://www.msrb.org/msrb1/rules/RFC/2007/2007-10/2007-10CommentLetters.asp* . 12 Securities Exchange Act Release No. 57131 (January 11, 2008), 73 FR 3295 (January 17, 2008) [SR-MSRB-2007-08]. DTC will not charge a service fee to underwriters that input or receive information through NIIDS. Additionally, DTC will not charge a service fee to information vendors that receive information through NIIDS for further dissemination. DTC will charge a connectivity fee to underwriters, service providers, and information vendors that use NIIDS. III. Discussion Section 19(b) of the Act directs the Commission to approve a proposed rule change of a self-regulatory organization if it finds that such proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to such organization. 13 Section 17A(b)(3)(F) of the Act requires that the rules of a clearing agency be designed to promote the prompt and accurate clearance and settlement of securities transactions. 14 The Commission finds that DTC's rule change implementing NIIDS is consistent with this requirement because by automating, standardizing, and centralizing the collection and dissemination of new issue information for municipal securities NIIDS should make the reporting and clearance and settlement of trades in municipal securities more timely and accurate. As a result, DTC's proposed rule change should promote the prompt and accurate clearance and settlement of securities transactions. 15 13 15 U.S.C. 78s(b). 14 15 U.S.C. 78q-1(b)(3)(F). 15 In approving the proposed rule change, the Commission considered the proposal's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). The Commission believes there is good cause for approving the proposed rule change prior to the thirtieth day after the date of publication of notice of filing because by so approving the proposed rule change DTC will be able to provide a longer Optional Period for users to use and become accustom to NIIDS before its use is mandated and will allow DTC to implement NIIDS according to its system implementation schedule. IV. Conclusion On the basis of the foregoing, the Commission finds that the proposed rule change is consistent with the requirements of the Act and in particular Section 17A of the Act and the rules and regulations thereunder. *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, 16 that the proposed rule change (File No. SR-DTC-2007-10) be and hereby is approved on an accelerated basis. 16 15 U.S.C. 78s(b)(2). For the Commission by the Division of Trading and Markets, pursuant to delegated authority. 17 17 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-10213 Filed 5-7-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57761; File No. SR-NASDAQ-2008-035] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing of Proposed Rule Change to Amend the By-Laws of The NASDAQ OMX Group, Inc. in Connection With Acquisitions of Boston Stock Exchange, Incorporated and Philadelphia Stock Exchange, Inc. May 1, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on April 21, 2008, The NASDAQ Stock Market LLC (“Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared substantially by Nasdaq. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change The Exchange proposes changes to the by-laws of its parent corporation, The NASDAQ OMX Group, Inc. (“NASDAQ OMX”). The proposed changes will be implemented upon approval by the Commission. The text of the proposed rule change is available at the Exchange's Web site at *http://nasdaq.complinet.com* , the Exchange's principal office, and the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose On October 2, 2007, The Nasdaq Stock Market, Inc. announced that it had entered into an agreement with Boston Stock Exchange, Incorporated (“BSE”) pursuant to which NASDAQ OMX will acquire all of the outstanding membership interests in BSE, and BSE will be merged with and into Yellow Merger Corporation, a Delaware corporation and wholly owned subsidiary of NASDAQ OMX, with BSE surviving the merger (the “BSE Merger”). As a result of the BSE Merger, BSE will become a Delaware stock corporation, with 100% of its outstanding stock owned by NASDAQ OMX. BSE members will receive cash as consideration for their ownership interests, and therefore will not retain ownership interests in BSE or its affiliates. On November 7, 2007, The Nasdaq Stock Market, Inc. announced that it had entered into an agreement with Philadelphia Stock Exchange, Inc. (“PHLX”) pursuant to which NASDAQ OMX will acquire all of the outstanding capital stock of PHLX, and PHLX will be merged with and into Pinnacle Merger Corp., a Delaware corporation and wholly owned subsidiary of NASDAQ OMX, with PHLX surviving the merger (the “PHLX Merger”, and together with the BSE Merger, the “Mergers”). NASDAQ OMX will operate BSE and PHLX as wholly owned subsidiaries, with rules, membership rosters, and listings that are separate and distinct from the rules, membership rosters, and listings of the Exchange. By virtue of the BSE Merger and the PHLX Merger, NASDAQ OMX will also acquire control of Boston Stock Exchange Clearing Corporation (“BSECC”) and Stock Clearing Corporation of Philadelphia (“SCCP”), each a registered clearing agency. To reflect its ownership of these four self-regulatory organizations (“SROs”), NASDAQ OMX is amending its by-laws (“By-Laws”) to make certain governance provisions that are currently applicable to the Exchange also applicable to the newly acquired SROs. The provisions collectively regulate the actions of NASDAQ OMX and its directors, officers and employees in light of its ownership of the SROs. First, to assist in the clear drafting of the changes, NASDAQ OMX is adopting a definition of “Self-Regulatory Subsidiary,” which means each of:

(i)the Exchange;

(ii)upon the closing of their acquisition by NASDAQ OMX, BSE and BSECC; and

(iii)upon the closing of their acquisition by NASDAQ OMX, PHLX and SCPP. Thus, although NASDAQ OMX will adopt the amendment immediately upon Commission approval, provisions of its By-Laws that reference the definition of Self-Regulatory Subsidiary will expand to include the new subsidiaries as each Merger closes. Separately, BSE, BSECC, PHLX and SCPP are filing proposed rule changes to amend their respective charters and by-laws to reflect the Mergers. The BSE Merger will not close until this filing and the filings by BSE and BSECC have been approved by the Commission, and the PHLX Merger will not close until this filing and the filings by PHLX and SCPP have been approved by the Commission. NASDAQ OMX is also amending the definitions of “Industry Director,” “Industry committee member,” “Non-Industry Director,” and “Non-Industry committee member” to include appropriate references to the Self-Regulatory Subsidiaries. Second, NASDAQ OMX is amending Section 11.3 of its By-Laws. This section currently provides for review by the Exchange's board of directors of any proposed adoption, alteration, amendment, change or repeal (an “amendment”) of any By-Law, and when required by the Act, the filing of such amendments with the Commission prior to implementation. NASDAQ OMX proposes amending this provision to state that any amendment of any By-Law shall be submitted to the board of directors of each Self-Regulatory Subsidiary, and if any such proposed amendment must, under Section 19 of the Act and the rules promulgated thereunder, be filed with, or filed with and approved by, the Commission before such amendment may be effective, then such amendment shall not be effective until filed with, or filed with and approved by, the Commission, as the case may be. NASDAQ OMX also proposes adopting new Section 12.6 of its By-Laws to state that any amendment of any provision of the NASDAQ OMX Restated Certificate of Incorporation (“Certificate”) shall be submitted to the board of directors of each Self-Regulatory Subsidiary, and if any such proposed amendment must, under Section 19 of the Act and the rules promulgated thereunder, be filed with, or filed with and approved by, the Commission before such amendment may be effective, then such amendment shall not be filed with the Secretary of State of the State of Delaware until filed with, or filed with and approved by, the Commission, as the case may be. Third, NASDAQ OMX proposes amending each of the existing provisions of Article XII of its By-Laws to make them applicable to each of the Self-Regulatory Subsidiaries. Thus, Section 12.1(a) will provide that for so long as NASDAQ OMX shall control any Self-Regulatory Subsidiary, the board of directors, officers, employees and agents of NASDAQ OMX shall give due regard to the preservation of the independence of the self-regulatory function of each such Self-Regulatory Subsidiary and to its obligations to investors and the general public and shall not take any actions that would interfere with the effectuation of any decisions by the board of directors of any Self-Regulatory Subsidiary relating to its regulatory functions (including disciplinary matters) or the market structures or clearing systems 3 which it regulates, or that would interfere with the ability of any Self-Regulatory Subsidiary to carry out its responsibilities under the Act. 3 The reference to “clearing systems” is new language that reflects the acquisition of BSECC and SCCP. Section 12.1(b) will provide that all books and records of each Self-Regulatory Subsidiary reflecting confidential information pertaining to the self-regulatory function of a Self-Regulatory Subsidiary (including but not limited to disciplinary matters, trading data, trading practices and audit information) which comes into the possession of NASDAQ OMX, and the information contained in those books and records, shall be retained in confidence by NASDAQ OMX and NASDAQ OMX's directors, officers, employees and agents, and shall not be used for any non-regulatory purposes. The section will continue to provide that the limit on disclosure is not to be construed to limit the Commission's access to books and records, and that NASDAQ OMX's books and records relating to each Self-Regulatory Subsidiary shall be maintained in the United States. Section 12.1(c) will provide that to the extent they are related to the activities of a Self-Regulatory Subsidiary, NASDAQ OMX's books, records, premises, officers, directors, agents, and employees shall be deemed to be the books, records, premises, officers, directors, agents, and employees of that Self-Regulatory Subsidiary for the purposes of, and subject to oversight pursuant to, the Act. Section 12.2 will provide that NASDAQ OMX's officers, directors, employees, and agents will be deemed to agree to cooperate with the Commission and each Self-Regulatory Subsidiary in respect of the Commission's oversight responsibilities regarding the Self-Regulatory Subsidiaries and their self-regulatory functions and responsibilities. Section 12.3 will provide that NASDAQ OMX and its officers, directors, employees and agents will be deemed to irrevocably submit to the jurisdiction of the United States federal courts, the Commission, and each Self-Regulatory Subsidiary for the purposes of any suit, action or proceeding pursuant to the United States federal securities laws, and the rules and regulations thereunder, arising out of, or relating to, the activities of any Self-Regulatory Subsidiary, and will be deemed to waive any defenses based on lack of personal jurisdiction, subject matter jurisdiction, or inconvenient venue. NASDAQ OMX and its officers, directors, employees and agents also agree to maintain an agent in the United States for the service of process of a claim arising out of, or relating to, the activities of each Self-Regulatory Subsidiary. Section 12.4 will provide that NASDAQ OMX will take such action as is necessary to insure that its officers, directors, employees, and agents consent in writing to the applicability of Sections 12.1, 12.2, and 12.3 with respect to activities related to each Self-Regulatory Subsidiary. Section 12.5 will provide that for as long as NASDAQ OMX owns any Self-Regulatory Subsidiary, a resolution of the Board to approve an exemption for any person under Article Fourth, Section C.6(b) of the Certificate shall not be permitted to become effective until the resolution has been filed with and approved by the Commission under Section 19 of the Act. 4 The referenced provision of the Certificate provides that no NASDAQ OMX stockholder holding voting securities in excess of 5% of the total outstanding voting securities may cast the excess votes, but that the NASDAQ OMX Board may approve an exemption from this restriction in certain very limited circumstances. Section 12.5 will also be amended to include provisions that describe limits on the Board's authority to approve an exemption. Specifically, amended Section 12.5 will provide that the Board may not approve an exemption under Article Fourth, Section C.6(b) of the Certificate:

(i)For a registered broker or dealer or an “Affiliate” thereof (as defined in the Certificate) (provided that, for these purposes, an Affiliate shall not be deemed to include an entity that either owns ten percent or less of the equity of a broker or dealer, or the broker or dealer accounts for one percent or less of the gross revenues received by the consolidated entity); or

(ii)an individual or entity that is subject to a statutory disqualification under Section 3(a)(39) of the Act. The Board may approve such an exemption only if the Board determines that granting such exemption would

(A)Not reasonably be expected to diminish the quality of, or public confidence in, NASDAQ OMX or the Self-Regulatory Subsidiaries or the other operations of the NASDAQ OMX and its subsidiaries, on the ability to prevent fraudulent and manipulative acts and practices and on investors and the public,

(B)promote just and equitable principles of trade, foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to and facilitating transactions in securities or assist in the removal of impediments to or perfection of the mechanisms for a free and open market and a national market system, and

(C)would promote the prompt and accurate clearance and settlement of securities transactions (and to the extent applicable, derivative agreements, contracts and transactions), would assure the safeguarding of securities and funds in the custody or control of the Self-Regulatory Subsidiaries that are clearing agencies or securities and funds for which they are responsible, would foster cooperation and coordination with persons engaged in the clearance and settlement of securities transactions, and would remove impediments to and perfect the mechanism of a national system for the prompt and accurate clearance and settlement of securities transactions. 4 In addition to adding the reference to Self-Regulatory Subsidiaries, the amendment to this provision corrects typographical errors. Finally, NASDAQ OMX proposes adopting new Section 12.7 to its By-Laws, which reflects language currently in the Certificate and makes it more generally applicable to all Self-Regulatory Subsidiaries. Specifically, the provision provides that in light of the unique nature of NASDAQ OMX and its subsidiaries, including the status of the Self-Regulatory Subsidiaries as SROs, the NASDAQ OMX Board of Directors, when evaluating any issue (including, but not limited to certain enumerated change of control transactions) will take into account all factors that the Board of Directors deems relevant, including, but not limited to

(i)The potential impact thereof on the integrity, continuity and stability of NASDAQ OMX, the Self-Regulatory Subsidiaries, and the other operations of the NASDAQ OMX and its subsidiaries, on the ability to prevent fraudulent and manipulative acts and practices and on investors and the public,

(ii)whether the considered action would promote just and equitable principles of trade, foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to and facilitating transactions in securities or assist in the removal of impediments to or perfection of the mechanisms for a free and open market and a national market system, and

(iii)whether the considered action would promote the prompt and accurate clearance and settlement of securities transactions (and to the extent applicable, derivative agreements, contracts and transactions), would assure the safeguarding of securities and funds in the custody or control of the Self-Regulatory Subsidiaries that are clearing agencies or securities and funds for which they are responsible, would foster cooperation and coordination with persons engaged in the clearance and settlement of securities transactions, and would remove impediments to and perfect the mechanism of a national system for the prompt and accurate clearance and settlement of securities transactions. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of Section 6 of the Act, 5 in general, and with Sections 6(b)(1) and (b)(5) of the Act, 6 in particular, in that the proposal enables the Exchange and the other Self-Regulatory Subsidiaries to be so organized as to have the capacity to be able to carry out the purposes of the Act and to comply with and enforce compliance by its members and persons associated with its members with provisions of the Act, the rules and regulations thereunder, and the Exchange's rules, and is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. 5 15 U.S.C. 78f. 6 15 U.S.C. 78f(b)(1) and (5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act, as amended. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period

(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or

(ii)as to which the Exchange consents, the Commission will:

(A)By order approve such proposed rule change, or

(FAA)is issuing this notice to advise the public of the approval of a Finding of No Significant Impact (FONSI) on an Environmental Assessment for proposed Federal actions at Chicago/Rockford International Airport, Rockford, Illinois. The FONSI specifies that the proposed federal actions and local development projects are consistent with existing environmental policies and objectives as set forth in the National Environmental Policy Act of 1969 and will not significantly affect the quality of the environment. A description of the proposed Federal actions is:

(a)To issue an environmental finding to allow approval of the Airport Layout Plan

(ALP)for the development items listed below. The items in the local airport development project are to:

(1)Secure fill material for air cargo development;

(2)Construct air cargo development including two buildings and apron area that would provide a total of approximately 184,000 square feet of interior space, approximately 693,000 square feet of apron for taxiing and parking of up to five widebody aircraft, automobile/truck parking and access, and airport service roads, including grading, drainage, sanitary, electrical, and lighting, as necessary;

(3)Construct approximately 5,350 linear feet of sanitary sewer, approximately 1,900 linear feet of storm sewer, lift station with a 2.16 million gallon per day capacity and combination and diversion flow structures for the collection and treatment of deicing fluids associated with commercial operations;

(4)Obtain Airport Layout Plan approval for this proposed project development; and

(5)removal of the previously abandoned Beltline Road (the roadway was abandoned as a portion of the Runway 7 extension). Copies of the environmental decision and the Short Form EA are available for public information review during regular business hours at the following locations: 1. Chicago/Rockford International Airport, 60 Airport Drive, Rockford, IL 61109. 2. Division of Aeronautics-Illinois Department of Transportation, One Langhorne Bond Drive, Capital Airport, Springfield, IL 62707. 3. Federal Aviation Administration, Chicago Airports District Office, 2300 East Devon Avenue, Room 320, Des Plaines, Illinois 60018. FOR FURTHER INFORMATION CONTACT: Amy B. Hanson, Environmental Protection Specialist, Federal Aviation Administration, Chicago Airports District Office, Room 320, 2300 East Devon Avenue, Des Plaines, Illinois 60018. Ms. Hanson can be contacted at

(847)294-7354 (voice),

(847)294-7046 (facsimile) or by e-mail at *amy.hanson@faa.gov* . Issued in Des Plaines, Illinois on April 18, 2008. Mia Ratcliff, Acting Manager, Chicago Airports District Office, FAA, Great Lakes Region. [FR Doc. E8-9833 Filed 5-7-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Submission Deadline for Schedule Information for Chicago O'Hare International Airport for the Winter 2008/2009 Scheduling Season AGENCY: Department of Transportation, FAA. ACTION: Notice of submission deadline. SUMMARY: The FAA announces a May 15, 2008, deadline for submitting requests for domestic and international scheduled arrivals at Chicago O'Hare International Airport

(ORD)for the Winter 2008/2009 scheduling season beginning October 26, 2008. The deadline coincides with the submission deadline established by the International Air Transport Association

(IATA)for the Winter 2008/2009 Schedules Conference. DATES: Proposed schedule information must be submitted to the FAA no later than May 15, 2008. SUPPLEMENTARY INFORMATION: The FAA currently limits arrivals at ORD from 7 a.m. to 9 p.m., Central Time, Monday through Friday, and 12 p.m. to 9 p.m., Central Time, on Sunday, based primarily on runway capacity limits. The FAA's restrictions at ORD in Title 14, Code of Federal Regulations, Part 93, Subpart B, are the equivalent of a Level 3 Fully Coordinated Airport as used in IATA Worldwide Scheduling Guidelines. Separate schedule facilitation is done at the airport level for international passenger flights operating at Terminal 5. In addition to filing schedules for FAA runway capacity review, carriers should also file Terminal 5 schedules, if appropriate, at the address indicated in the IATA Worldwide Scheduling Guidelines, Annex 3. Carriers would obtain separate approval for FAA runway slots and Terminal 5 operations, as appropriate. The FAA rules limiting flights at ORD will sunset on October 24, 2008, under the terms of the rule effective October 29, 2006. This sunset provision was based on an expected increase in capacity when the first new runway opens under the O Hare Modernization Program (OMP). Runway 9L/27R is currently planned to be commissioned in November 2008. This will provide additional capacity at O'Hare for arriving and departing aircraft under various weather and runway configurations. Capacity projections estimate over 50,000 annual operations, or an average of about 8-10 total operations per hour, may be accommodated. However, additional operations must be reasonably distributed to avoid significant delay consequences. Terminal and gate availability are also expected to be constraints during certain periods. The FAA is seeking information in order to review projected schedules and to assist the agency in determining whether scheduling limits may continue to be applied at ORD until further runway capacity is realized under Phase II of the OMP. The form of the scheduling limitations, if needed, has not been determined. Options include:

(1)Remove FAA scheduling limitations by letting the rule expire;

(2)continue the airport's designation as IATA Level 3 and utilize the IATA Worldwide Scheduling Guidelines, with appropriate local rules, to review planned operations and resolve oversubscribed hours that would result in unacceptable delays; and

(3)increase the scheduling limits to recognize additional runway capacity and modify the expiration date of the current rule. Any proposal to modify or extend the rule would be in a separate rulemaking process. The FAA recognizes there is a potential for carriers to file schedules that are preliminary in nature, rather than *bone fide* operational plans, and that some of the proposed flights may not actually operate. We understand that carriers legitimately review schedule plans for the winter 2008/2009 season well beyond the May 15 submission deadline and that it may not be possible to have final schedules at this time, especially for domestic flights. This is particularly true given the increasing fuel and operating costs facing carriers at this time. The FAA expects carriers to provide the government realistic information representative of their schedule plans for winter 2008/2009 as the information will be part of our assessment of the potential operational impacts. The FAA will discuss carrier schedule requests relative to available runway capacity in the weeks following the schedule submissions, including at the IATA Schedules Conference in June. A timetable for a final agency proposal, if any, to continue limits on operations at O'Hare after October 24, 2008, has not been established at this time. Carriers are requested to provide information on scheduled arrivals including flight number, origin airport, scheduled time of arrival, frequency, effective dates, and equipment. The FAA is primarily concerned about arrival demand, as in the current rule, since most departures would subsequently be constrained by the arrival times given the predominant nature of hub operations at ORD. The FAA will, however, accept information on planned departures by carriers since this may provide more complete information and since many carriers use automated scheduling information systems. The U.S. winter scheduling season is from November 2, 2008, through March 7, 2009, in recognition of the U.S. standard time dates. The FAA understands the IATA winter 2008/2009 season is October 26, 2008, through March 28, 2009. The FAA will accept schedule information that coincides with the IATA scheduling season, rather than U.S. standard time dates, in order to ease the administrative burdens on carriers conducting international operations and in order to ensure that FAA has the most accurate schedule information. ADDRESSES: Requests may be submitted by mail to Slot Administration Office, AGC-240, Office of the Chief Counsel, 800 Independence Ave., SW., Washington, DC 20591; facsimile: 202- 267-7277; ARINC: DCAYAXD; or by e-mail to: *7-AWA-slotadmin@faa.gov.* FOR FURTHER INFORMATION CONTACT: James Tegtmeier, Office of the Chief Counsel, AGC-40, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; e-mail *James.Tegtmeier@faa.gov.* Issued in Washington, DC on May 2, 2008. Rebecca B. Macpherson, Assistant Chief Counsel for Regulations. [FR Doc. 08-1226 Filed 5-2-08; 4:10 pm]

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