Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2008-05-12.xml --- 73 92 Monday, May 12, 2008 Contents Agency Agency for Toxic Substances and Disease Registry NOTICES Development of Set 22 Toxicological Profiles, 26995-26996 E8-10472 Agricultural Agricultural Marketing Service RULES Avocados Grown in South Florida and Imported Avocados; Revision of the Maturity Requirements, 26941-26945 E8-10462 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 26996-26998 E8-10470 E8-10474 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Coordinating Coordinating Council on Juvenile Justice and Delinquency Prevention NOTICES Meetings: Coordinating Council on Juvenile Justice and Delinquency Prevention, 26966-26967 E8-10504 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26967-26970 E8-10492 E8-10493 E8-10494 E8-10495 E8-10496 New Awards for Fiscal Year (2008):

Asian American and Native American Pacific Islander-Serving Institutions; Native American-Serving Nontribal Institutions Programs, 26970-26974 E8-10520 Proposed Waivers for the Rehabilitation Training; Rehabilitation Continuing Education Program (RCEP), 26974-26975 E8-10518 Employment Employment and Training Administration NOTICES Request for Certification of Compliance: Rural Industrialization Loan and Grant Program, 27007 E8-10498 Solicitation for Grant Applications, 27007 E8-10497 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 26983-26986 E8-10505 E8-10507 Draft Toxicological Review of Beryllium: In Support of the Summary Information in the Integrated Risk Information System (IRIS), 26986-26987 E8-10510 Meetings: Clean Air Act Advisory Committee, 26987-26988 E8-10508 Proposed Administrative Settlement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, etc., 26988 E8-10509 Sixty-Second Report of the TSCA Interagency Testing Committee:

Report Receipt and Request for Comments, 27450-27453 E8-10511 Executive Executive Office of the President See Presidential Documents FCC Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26988-26991 E8-10519 E8-10521 Meetings; Sunshine Act, 26991-26992 08-1252 National Exchange Carrier Association Submits the Payment Formula and Fund Size Estimate for the Interstate Telecommunications Relay Services Fund, 26992-26993 E8-10517 Federal Energy Federal Energy Regulatory Commission NOTICES Application Accepted for Filing and Soliciting Comments, Motions to Intervene and Protests:

MARMC Enterprises, LLC, 26975-26976 E8-10458 Combined Notice of Filings, 26976-26978 E8-10485 Competing Applications Accepted for Filing and Soliciting Comments, Motions to Intervene and Protests: KC LLC and Pine Creek Mine LLC, 26978-26979 E8-10457 Environmental Assessment: Texas Eastern Transmission, LP, 26979-26981 E8-10459 Intent to File License Application, etc.: Lake Powell Hydroelectric System, 26981-26983 E8-10456 Refund Report; Consumers Energy Co., 26983 E8-10455 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highway in North Carolina, 27012-27013 E8-10465 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Applications:

Qualification of Drivers; Vision, 27014-27019 E8-10523 E8-10526 E8-10529 Meetings: Motor Carrier Safety Advisory Committee, 27019 E8-10524 Federal Railroad Federal Railroad Administration NOTICES Application for Approval of Discontinuance Modification of a Railroad Signal System: Union Pacific Railroad Co., 27019-27020 E8-10476 Application for Approval of Discontinuance or Modification of a Railroad Signal System: CSX Transportation, Inc., 27020 E8-10477 Union Pacific Railroad Co., 27020-27021 E8-10473 Utah Transit Authority, 27021-27022 E8-10478 Petition for Waiver of Compliance, 27022-27023 E8-10471 E8-10475 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings;

Sunshine Act, 26993 08-1253 FTC Federal Trade Commission NOTICES Analysis of the Complaint and Proposed Consent Order: Agrium Inc. and UAP Holding Corp., 26993-26995 E8-10461 Fish Fish and Wildlife Service NOTICES Environmental Statements; Availability, Etc.: Sheldon National Wildlife Refuge; Lakeview, OR, 27003-27005 E8-10480 Receipt of Applications for Permit, 27005-27006 E8-10500 Food Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26998-26999 E8-10467 Determination of Regulatory Review Period for Purposes of Patent Extension;

VECTIBIX, 27000-27001 E8-10512 OMNARIS, 26999-27000 E8-10466 Meetings: Pilot Program to Evaluate Proposed Name Submissions; Concept Paper, 27001-27002 E8-10513 Forest Forest Service NOTICES Environmental Statements; Availability, Etc.: Modoc National Forest, CA; Forest Public Wheeled Motorized Travel Management, 26955-26958 E8-10235 GSA General Services Administration RULES Rules of Procedure of the Civilian Board of Contract Appeals, 26947-26952 E8-10484 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Housing Housing and Urban Development Department PROPOSED RULES Real Estate Settlement Procedures Act (RESPA) Proposed Rule to Improve the Process of Obtaining Mortgages and Reduce Consumer Settlement Costs:

Extension of, 26953 E8-10634 NOTICES Fiscal Year 2008 SuperNOFA for HUD's Discretionary Programs, 27032-27343 E8-8863 Interior Interior Department See Fish and Wildlife Service See National Park Service IRS Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27026-27030 E8-10422 E8-10423 E8-10424 E8-10427 E8-10429 E8-10464 International International Trade Administration NOTICES Antidumping: Carbon and Certain Alloy Steel Wire Rod from Canada, 26958-26960 E8-10514 Initiation of Countervailing Duty Investigation:

Citric Acid and Certain Citrate Salts from the Peoples Republic of China, 26960-26963 E8-10516 Justice Justice Department NOTICES Consent Decree: United States vs. Daniel Rapier et al., 27006-27007 E8-10389 Labor Labor Department See Employment and Training Administration See Labor-Management Standards Office MISSING FOR: Labor-Management Standards Office Labor-Management Standards Office PROPOSED RULES Labor Organization Annual Financial Reports, 27346-27447 E8-10151 National Highway National Highway Traffic Safety Administration NOTICES Receipt of Petition for Decision:

Nonconforming 2007 Harley Davidson FX, FL, XL and VR Series Motorcycles Eligible for Importation, 27025-27026 E8-10479 Receipt of Petition for Decision of Inconsequential Noncompliance: Goodyear Dunlop Tires North America, Ltd., 27023-27024 E8-10481 Michelin North America, Inc., 27024-27025 E8-10483 NIH National Institutes of Health NOTICES Meetings: National Institute of Arthiritis and Musculoskeletal and Skin Diseases, 27003 E8-10330 National Institute of Child Health and Human Development, 27003 E8-10325 National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel, 27003 E8-10460 NOAA National Oceanic and Atmospheric Administration NOTICES Meetings:

Gulf of Mexico Fishery Management Council, 26963-26964 E8-10383 New England Fishery Management Council, 26964 E8-10384 North Pacific Fishery Management Council, 26964-26965 E8-10385 Pacific Fishery Management Council, 26965 E8-10387 Western Pacific Regional Fishery Management Council, 26965-26966 E8-10386 National Park National Park Service NOTICES National Register of Historic Places: Notification of Pending Nominations and Related Actions, 27006 E8-10487 Nuclear Nuclear Regulatory Commission NOTICES Environmental Assessment:

Mallinckrodt Inc., St. Louis, MO, 27007-27012 E8-10482 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Pipeline Safety: Standards for Increasing the Maximum Allowable Operating Pressure for Gas Transmission Pipelines, 26953-26954 E8-10628 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Mother's Day (Proc. 8253), 27455-27458 08-1257 SEC Securities and Exchange Commission NOTICES Suspension of Trading Order: American Motorcycle Corp., 27012 08-1249 Thrift Thrift Supervision Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 27030 E8-10463 Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Transportation Department See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office Veterans Veterans Affairs Department RULES Provision of Hospital Care and Medical Services During Certain Disasters or Emergencies, 26945-26947 E8-10488 Separate Parts In This Issue Part II Housing and Urban Development Department, 27032-27343 E8-8863 Part III Labor Department, Labor-Management Standards Office, 27346-27447 E8-10151 Part IV Environmental Protection Agency, 27450-27453 E8-10511 Part V Executive Office of the President, Presidential Documents, 27455-27458 08-1257 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 73 92 Monday, May 12, 2008 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 915 and 944 [Docket No. AMS-FV-07-0054; FV07-915-2 FR] Avocados Grown in South Florida and Imported Avocados;

Revision of the Maturity Requirements AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule revises the maturity requirements currently prescribed for avocados grown in South Florida and for avocados imported into the United States that are shipped to the fresh market. The Avocado Administrative Committee (Committee) which locally administers the marketing order for avocados grown in South Florida recommended the change for Florida avocados. A corresponding change in the import regulation is also required under section 8e of the Agricultural Marketing Agreement Act of 1937.

This rule requires that avocados which fail the maturity requirements and are reworked and presented for reinspection must meet the maturity requirements which correspond to the date of the original inspection. This rule will help ensure only mature avocados are shipped to the fresh market. DATES: *Effective Date:* May 13, 2008. FOR FURTHER INFORMATION CONTACT: William G. Pimental, Marketing Specialist, or Christian D. Nissen, Regional Manager, Southeast Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA;

Telephone:

(863)324-3375, Fax:

(863)325-8793, or E-mail: *William.Pimental@usda.gov or Christian.Nissen@usda.gov.* Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Telephone:

(202)720-2491, Fax:

(202)720-8938, or E-mail: *Jay.Guerber@usda.gov.* SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing Order No. 915, as amended (7 CFR part 915), regulating the handling of avocados grown in South Florida, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” This rule is also issued under section 8e of the Act, which provides that whenever certain specified commodities, including avocados, are regulated under a Federal marketing order, imports of these commodities into the United States are prohibited unless they meet the same or comparable grade, size, quality, or maturity requirements as those in effect for the domestically produced commodities. The Department of Agriculture

(USDA)is issuing this rule in conformance with Executive Order 12866. This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of import regulations issued under section 8e of the Act. This final rule revises the maturity requirements currently prescribed under the order for avocados grown in South Florida. This rule requires that avocados which fail the maturity requirements and are reworked and presented for reinspection must meet the maturity requirements which correspond to the date of the original inspection. This action, unanimously recommended by the Committee, will help ensure that only mature avocados are shipped to the fresh market. Section 915.51 of the order provides the authority to issue regulations establishing specific maturity requirements for avocados grown in South Florida. Section 915.332 of the order's rules and regulations establishes the requisite maturity requirements for avocados. The maturity requirements specify minimum weights, diameters, and shipping dates for approximately 60 different varieties of avocados. These dates and requirements are reflected in the avocado maturity schedule as it appears in Table I of § 915.332(a)(2). Under the terms of the marketing order, fresh market shipments of Florida avocados are required to be inspected and are subject to grade, pack, container, and maturity requirements. The maturity requirements are intended to prevent the shipment of immature avocados to the fresh market. This helps to improve buyer confidence in the marketplace, and fosters increased consumption. This rule changes the way the maturity requirements are applied. Specifically, this rule requires avocados which fail maturity requirements and are reworked and presented for reinspection to meet the maturity requirements which correspond to the date of the original inspection. The maturity requirements for avocados are expressed in terms of minimum weights and diameters in conjunction with specific dates during the shipping season. Each regulated variety has its own set of dates and requirements on the maturity schedule. The maturity requirements for the various varieties are different because each variety has its own growing season and stages when the fruit is mature and ready to be harvested. With avocados, the level of maturity is determined by when the avocado is harvested. Because the maturity process ceases once the fruit is severed from the tree, an avocado needs to remain on the tree until it is mature. According to Paul Harding, a plant physiologist for the Agricultural Marketing Service, USDA, the stage of maturity of the fruit when harvested is directly related to its palatability and is the most important factor that influences eating quality. 1 Avocados which are not mature at the time of harvest will not ripen properly. Avocados that do not ripen properly can have an unpleasant taste and consistency which negatively affects customer satisfaction. Consequently, the dates on the maturity schedule have been carefully established based on years of testing to ensure avocados shipped using the schedule are mature enough to complete the ripening process. 1 Harding, Paul L. “The Relation of Maturity to Quality in Florida Avocados.” *Proceedings of the Florida State Horticultural Society* 67 (1954):276-280. The maturity schedule is divided into A, B, C, and D dates which reflect the different stages of maturity associated with an individual variety. Larger sized fruit within a variety matures earlier, while smaller fruit needs to remain on the tree longer to reach maturity. Consequently, A dates are associated with larger sizes and are established early in the variety's shipping season. For a majority of varieties, the schedule also includes B and C dates that fall somewhere in between the A and D dates for the particular variety. These dates proceed in stages as the season advances, allowing for the shipment of progressively smaller sizes and weights as a variety matures. The D date marks the end of a variety's marketing season and releases all remaining sizes for shipment to the fresh market. This gradual shift in the maturity standards from the beginning of the season to its end helps ensure that all sizes remain on the tree long enough to reach maturity. As an example, consider the Simmons variety. The A date for the Simmons is the Monday nearest June 20, and requires a minimum weight of 16 ounces or a minimum diameter of 3 9/16 inches for fruit shipped to the fresh market. The corresponding B date is the Monday nearest July 4, and reduces the minimum weight to 14 ounces or a minimum diameter of 3 7/16 inches. The C date is the Monday nearest to July 18, and further reduces the minimum weight and size requirements to 12 ounces or 3 1/16 inches, and the requirements end with a scheduled D date of the Monday nearest to August 1 when all remaining fruit of this variety can be shipped. Over the years, the maturity schedule has been determined to be the best indicator of maturity for the different varieties of avocados grown in Florida, and growers and handlers rely on the schedule in making harvesting, packing, and shipping decisions. The maturity schedule facilitates the shipment of the different varieties of avocados as they mature, and helps ensure that only mature fruit is shipped to the fresh market. This in turn helps promote consumer satisfaction which is essential for the successful marketing of the crop. Florida avocados are inspected for compliance with the rules and regulations established under the order, including the maturity requirements, by the Federal or Federal State Inspection Service. When a lot of avocados fails inspection, the handler has the opportunity to rework the lot to remove the fruit that caused the lot to fail. This usually entails removing any damaged or undersized fruit from the lot. Once the lot has been reworked, the lot is presented for reinspection. However, the Committee has discovered that in some cases where lots fail for maturity, handlers are only holding the avocados until the next date under the maturity schedule and then presenting them for reinspection to benefit from the reduced size and weight requirements rather than reworking the lots to remove undersized fruit. The Committee agreed this practice undermines the purpose of the maturity requirements and results in immature fruit being shipped to the fresh market. Committee members stated the maturity requirements were established to ensure that only mature avocados reach the fresh market. By allowing a handler to just hold the fruit until the next date on the maturity schedule, the overall maturity of the lot is not improved. Because the maturity process ends once the fruit is picked, fruit that fails to meet the maturity standards at the time of inspection will not develop in maturity while being held in the box. The only way to increase the overall maturity of the lot is to remove the fruit which caused the lot to fail at the time of inspection. The Committee believes allowing fruit that failed maturity requirements to be held until the next date on the maturity schedule without being reworked to remove undersized fruit permits immature fruit to be shipped to the fresh market. A lot that fails inspection for maturity can contain a significant amount of avocados which are undersized or underweight. Based on the schedule, this fruit was picked too soon, and most likely did not spend enough time on the tree to reach the proper level of maturity. Because this fruit is immature, it will frequently not ripen properly, and it would have a negative impact on the market and will likely result in the loss of future avocado sales. The requirements associated with the initial inspection correlate more closely with the time of picking and as such remain the best measure of the maturity of the lot. Consequently, the Committee agreed the maturity requirements specified on the schedule at the time of the original inspection should be the requirements applied when the avocados are presented for reinspection. With this change, when avocados fail inspection for maturity, the handler will continue to be allowed to immediately rework the lot to remove undersized and/or underweight fruit and present the lot for reinspection or hold the lot to rework it later. However, the reinspection will be conducted using the maturity requirements for the date the lot was originally presented for inspection regardless of when it is presented for reinspection. Even if a lot is held until the next date on the schedule, the requirements specified for the original inspection will still apply, and the avocados that caused the lot to fail will have to be removed before the lot will pass under a reinspection. This change makes sure undersized and underweight fruit have to be removed before a lot can meet the necessary requirements which in turn should help further ensure that only mature fruit is being shipped to the fresh market. This change also makes the reinspection procedures for maturity requirements more consistent with those applied for grade requirements. The current grade requirement for avocados is a U.S. No. 2 and is constant throughout the year. The only way for a lot that fails for grade to meet the grade requirement is to have the fruit which caused the lot to fail removed. The Committee believes the process for handling avocados which fail the maturity requirements should be the same. Because the maturity level does not improve by just holding the avocados, the maturity requirements applied to that lot should remain constant as it does with grade. This change ensures that undersized and underweight fruit are removed prior to reinspection, maintaining the benefits of the maturity schedule. Prior to this final rule, when a lot of avocados failed inspection, the handler had the option to rework the lot, hold the fruit to be reworked at a later date, dump or destroy the fruit, send the fruit for processing, or donate it to charity. With this change, the handler has the same options. However, fruit to be reworked for maturity will be segregated and placed under the supervision of the Federal or Federal-State Inspection Service using their Positive Lot Identification

(PLI)program to ensure the lot is reworked to meet the minimum maturity requirements specified at the time of the initial inspection. Once the lot, or any portion thereof, is reworked, the Federal or Federal-State Inspection Service will reinspect the avocados applying the maturity requirements for the date of the original inspection. Also, all fruit in the lot will need to be accounted for under this process. Therefore, only fruit meeting the initial maturity requirements will be allowed to be shipped to the fresh market. Section 8e of the Act provides that when certain domestically produced commodities, including avocados, are regulated under a Federal marketing order, imports of that commodity must meet the same or comparable grade, size, quality, and maturity requirements. Since this rule modifies maturity requirements under the domestic handling regulations, a corresponding change to the avocado import maturity regulations must also be established. Minimum grade, quality, and maturity requirements for avocados imported into the United States are currently in effect under § 944.31 (7 CFR 944.31). The maturity requirements are specified in § 944.31(a)(2). The Hass, Fuerte, Zutano, and Edranol varieties of avocados are exempt from the maturity schedule, and continue to be exempt under this rule. However, these varieties must meet the minimum grade requirement of a U.S. No. 2 for imported avocados, which is not be changed by this action. This rule requires that imported avocados which fail the maturity requirements and are reworked and presented for reinspection must meet the maturity requirements which correspond to the date of the original inspection. With this change, fruit to be reworked for maturity will be segregated and placed under the supervision of the Federal or Federal-State Inspection Service using their PLI program to ensure the lot is reworked to meet the minimum maturity requirements specified at the time of the initial inspection. Once the lot of avocados, or any portion thereof, is reworked, the Federal or Federal-State Inspection Service will reinspect the lot applying the maturity requirements for the date of the original inspection. In addition, all fruit in the lot will need to be accounted for under this process. This will help ensure only mature fruit that will ripen properly is shipped to the fresh market. Consumers prefer fruit that ripens properly. Thus, importers will also benefit from this change in maturity requirements. Import data for calendar years 2002 through 2006 reveals the major exporters of green-skin avocados to the United States are Mexico, Chile, and the Dominican Republic. Imports of green-skin avocados totaled approximately 10,163 metric tons in 2002, 13,770 metric tons in 2003, 8,729 metric tons in 2004, 12,411 metric tons in 2005, and 10,389 metric tons in 2006. The Dominican Republic is the largest supplier of green-skin avocados, accounting for approximately 98 percent of imports. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service

(AMS)has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Import regulations issued under the Act are based on those established under Federal marketing orders. There are approximately 300 producers of avocados in the production area and approximately 35 handlers subject to regulation under the order. There are approximately 65 importers of the type of avocados that are regulated under the order. Small agricultural producers are defined by the Small Business Administration

(SBA)as those having annual receipts of less than $750,000, and small agricultural service firms, which include avocado handlers and importers, are defined as those whose annual receipts are less than $6,500,000 (13 CFR 121.201). According to the National Agricultural Statistics Service and Committee data, the average price for Florida avocados during the 2005-06 season was around $46.75 per 55-pound bushel container, and total shipments were near 470,000 55-pound bushel equivalents. Using the average price and shipment information provided by the Committee, the majority of avocado handlers have annual receipts of less than $6,500,000. In addition, based on avocado production, grower prices, and the total number of Florida avocado growers, the average annual grower revenue is less than $750,000. Based on information from the Foreign Agricultural Service, USDA, the dollar value of imported avocados ranged from around $156.7 million in 2003 to $337.5 million in 2005. Using these numbers, the majority of avocado importers have annual receipts of less than $6,500,000. Consequently, the majority of avocado producers, handlers, and importers may be classified as small entities. This rule, recommended by the Committee, revises the maturity requirements currently prescribed for avocados grown in South Florida and for avocados imported into the United States that are shipped to the fresh market. This rule requires that avocados which fail the maturity requirements and are reworked and presented for reinspection must meet the maturity requirements which correspond to the date of the original inspection. This rule will help ensure that only mature avocados are shipped to the fresh market. This rule revises § 915.332, which specifies the requisite maturity requirements. Authority for this action is provided in § 915.51 of the order. This rule also revises § 944.31, which specifies the maturity requirements for imported avocados. The change in the import regulation is required under section 8e of the Act. This rule could result in some additional costs for handlers and importers. These costs would be associated primarily with the cost to rework the lot and the added inspection costs associated with having Federal or Federal-State Inspection Service supervision of lots that fail for maturity. However, these costs are expected to be minimal and should apply to no more than a few shipments each year as only a very small percentage of lots fail for maturity. The vast majority of handlers and importers are already reworking lots that fail for maturity to remove the undersized and underweight avocados that caused the lot to fail. Consequently, reworking lots which fail for maturity is already a standard practice for most of the industry, and as such does not represent an additional cost for most handlers and importers. In addition, this rule could encourage more careful spot picking to ensure that the avocados are of the proper size or weight to meet the requirements of the maturity schedule. However, spot picking is a standard industry practice, so this should not result in any additional cost. Therefore, in most cases, any additional costs resulting from this change would be from the added inspection costs associated with the Federal or Federal-State Inspection Service supervision of failing lots. Based on information provided by the Federal or Federal-State Inspection Service, the added cost will be based on the time it takes to apply the PLI program. For most handlers and importers, this should be accomplished in an hour or less. Consequently, the added cost will be based on the standard hourly rate charged by the Federal or Federal-State Inspection Service. These costs could range from as low as $22.00 per hour to $64.00 per hour for a lot of avocados. In situations where a lot is reworked immediately, the handler or importer may not even accrue any additional charges. With average lot sizes ranging from approximately 100 55-pound cartons of avocados for a small lot to large lots containing approximately 800 55-pound cartons, and with avocados selling for a season average of around $46.75 per 55-pound container, the cost of inspection is a small percentage of the total value of the lot. Consequently, considering the possible added costs associated with this change, and the small number of lots affected, the overall costs associated with this rule are expected to be minimal. Florida avocado producers and handlers have found that the maturity requirements have been beneficial in the successful marketing of their avocado crop. Experience has shown when immature avocados are found in market channels, they tend to have a price depressing effect on the market and negatively affect repeat purchases. Preventing the shipment of immature avocados improves buyer confidence in the marketplace, and fosters increased consumption. This change is expected to provide added assurance that the avocados marketed are of satisfactory maturity and will ripen properly which is expected to further promote customer satisfaction. This rule is expected to similarly impact importers of avocados. Non-exempt varieties of imported avocados have met the minimum weight or diameter maturity requirements in past seasons, and this is expected to continue. Thus, USDA believes this change will not limit the quantity of imported avocados or place an undue burden on exporters, or importers of avocados. The marketplace price and quality benefits expected for Florida growers and handlers as a result of this rule will also benefit exporters and importers of avocados. As most handlers and importers are already reworking lots which fail for maturity to remove undersized and underweight fruit, this change is not expected to impact the total number of avocado shipments. It is, however, expected to have a positive effect in the marketplace by helping to ensure only mature avocados are reaching the market which in turn should provide a strong price base for the industry. This rule may impose some additional costs on producers, handlers, and importers. However, the costs are expected to be minimal, and will be offset by the benefits of this rule. This action benefits consumers, producers, handlers, and importers by providing consumers with a better, more mature piece of fruit. The costs and benefits of this rule are not expected to be disproportionately greater or less significant for small entities than for large entities. One alternative to this action considered was to make no change. However, the Committee believes this was not an acceptable alternative as it could result in immature avocados reaching the fresh market. The Committee agreed that allowing immature avocados to reach the fresh market would be detrimental to the industry as a whole. Therefore, this alternative was rejected. This final rule revises the maturity requirements under the Florida avocado marketing order. Accordingly, this action will not impose any additional reporting or recordkeeping requirements on either small or large date handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this final rule. Further, the public comment received concerning the proposal did not address the initial regulatory flexibility analysis. In addition, the Committee's meeting was widely publicized throughout the avocado industry and all interested persons were invited to attend the meeting and participate in Committee deliberations. Like all Committee meetings, the meeting where this action was recommended was a public meeting and all entities, both large and small, were able to express views on this issue. A proposed rule concerning this action was published in the **Federal Register** on December 10, 2007 (72 FR 69624). Copies of the rule were mailed or sent via facsimile to all Committee members and avocado handlers. Finally, the rule was made available through the Internet by USDA and the Office of the Federal Register. A 60-day comment period ending February 8, 2008, was provided to allow interested persons to respond to the proposal. One comment was received during the comment period in response to the proposal. The commenter was in favor of the proposal. The commenter stated that they handle both imported and domestically grown avocados. The commenter stated that if fruit is picked in an immature state prior to the date stated on the maturity schedule, the fruit will never ripen. The commenter stated support for the proposed rule because this rule closes a loophole in the system that could allow immature avocados to enter the market. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/fv/moab.html* . Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. In accordance with section 8e of the Act, the United States Trade Representative has concurred with the issuance of this rule. After consideration of all relevant matter presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. It is further found that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** (5 U.S.C. 553) because this rule needs to be in place prior to the start of the 2008-09 season. Further, handlers are aware of this rule, which was recommended at a public meeting. Also, a 60-day comment period was provided for in the proposed rule. List of Subjects 7 CFR Part 915 Avocados, Marketing agreements, Reporting and recordkeeping requirements. 7 CFR Part 944 Avocados, Food grades and standards, Grapefruit, Grapes, Imports, Kiwifruit, Limes, Olives, Oranges. For the reasons set forth above, 7 CFR parts 915 and 944 are amended as follows: 1. The authority citation for 7 CFR parts 915 and 944 continues to read as follows: Authority: 7 U.S.C. 601-674. PART 915—AVOCADOS GROWN IN SOUTH FLORIDA 2. A new paragraph (a)(3) is added to § 915.332 to read as follows: § 915.332 Florida avocado maturity regulation.

(a)* * *

(3)Avocados which fail to meet the maturity requirements specified in this section must be maintained under the supervision of the Federal or Federal-State Inspection Service using the Positive Lot Identification program, and when presented for reinspection, must meet the maturity requirements which correspond to the date of the original inspection. Dated: May 6, 2008. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E8-10462 Filed 5-9-08; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900-AM40 Provision of Hospital Care and Medical Services During Certain Disasters or Emergencies AGENCY: Department of Veterans Affairs. ACTION: Final rule. SUMMARY: The Department of Veterans Affairs

(VA)hereby establishes regulations regarding the provision of hospital care and medical services under the VA Emergency Preparedness Act of 2002, to individuals responding to, involved in, or otherwise affected by certain disasters or emergencies (including individuals who otherwise do not have VA eligibility for such care and services). DATES: *Effective Date:* This final rule is effective May 12, 2008. FOR FURTHER INFORMATION CONTACT: Tony A. Guagliardo, Director, Business Policy, Chief Business Office (163), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420

(202)254-0406. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: This document amends VA medical regulations to implement provisions of Public Law 107-287, the VA Emergency Preparedness Act of 2002, regarding hospital care and medical services provided to individuals responding to, involved in, or otherwise affected by certain disasters or emergencies (including individuals who otherwise do not have VA eligibility for such care and services). This final rule adopts, without change, the provisions of the corresponding proposed rule published in the **Federal Register** on July 12, 2007 (72 FR 38042), based on the rationale set forth in the proposed rule and this document. The proposed rule provided for a 60-day comment period which ended September 10, 2007. We received comments from three individuals. The comments are discussed below. One commenter merely expressed agreement with the provisions of the proposed rule. A second commenter asserted that free care should be provided by the Federal government to anyone who needs it when a disaster occurs. We made no changes based on this comment. As proposed and under this final rule at § 17.86(e), individuals who receive hospital care or medical services under the emergency provisions are responsible for the cost of the hospital care or medical services when charges are mandated by Federal law (including applicable appropriation acts) or when the cost of care or services is not reimbursed by other-than-VA Federal departments or agencies. This is intended to help ensure that funding will be available to VA for hospital care and medical services for veterans eligible for such care and services and in some instances is required by Federal law. A third commenter expressed support for the proposed rule changes. The commenter also expressed views concerning how VA should prepare for and act in response to disasters. Those statements concern matters not within the scope of this rulemaking. Accordingly, we made no changes based on this comment. Administrative Procedure Act Pursuant to 5 U.S.C. 553(d), we find that there is good cause to dispense with a 30-day delay in the effective date of this rule. We find that delay in its effective date would be contrary to the public interest. A disaster or emergency requiring the use of this rule could occur at any time and it is in the public interest that we have in place regulations to implement the emergency program under 38 U.S.C. 1785, in compliance with the provisions of section 205 of division I of Public Law 110-161, the Consolidated Appropriations Act, 2008, if and when the need arises. Further, we find that this rule's provisions are not ones for which members of the public would need a delay in effective date to prepare for the changes made by the rule. Unfunded Mandates The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any given year. This rule will have no such effect on State, local, and tribal governments, or the private sector. Paperwork Reduction Act of 1995 This document contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521). Executive Order 12866 Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). The Executive Order classifies a “significant regulatory action,” requiring review by the Office of Management and Budget

(OMB)unless OMB waives such review, as any regulatory action that is likely to result in a rule that may:

(1)Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;

(2)create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(3)materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(4)raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. The economic, interagency, budgetary, legal, and policy implications of this final rule have been examined and it has been determined to be a significant regulatory action under the Executive Order because it is likely to result in a rule that may raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. Regulatory Flexibility Act The Secretary hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act. In addition to affecting individuals, this document will affect mainly large insurance companies. Further, where small entities are involved, they will not be impacted significantly since an inconsequential portion of their business will be with VA. Accordingly, pursuant to 5 U.S.C. 605(b), this final rule is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604. Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance numbers and titles for the programs affected by this document are 64.005, Grants to States for the Construction of State Homes; 64.007, Blind Rehabilitation Centers; 64.008, Veterans Domiciliary Care; 64.009, Veterans Medical Care Benefits; 64.010, Veterans Nursing Home Care; 64.011, Veterans Dental Care; 64.012, Veterans Prescription Service; 64.013, Veterans Prosthetic Appliances; 64.014, Veterans State Domiciliary Care; 64.015, Veterans State Nursing Home Care; 64.016, Veterans State Hospital Care; 64.018, Sharing Specialized Medical Resources; 64.019, Veterans Rehabilitation Alcohol and Drug Dependence; and 64.022, Veterans Home Based Primary Care. List of Subjects in 38 CFR Part 17 Administrative practice and procedure, Alcohol abuse, Alcoholism, Claims, Day care, Dental health, Drug abuse, Foreign relations, Government contracts, Grant programs-health, Grant programs-veterans, Health care, Health facilities, Health professions, Health records, Homeless, Medical and dental schools, Medical devices, Medical research, Mental health programs; Nursing homes, Philippines, Reporting and recordkeeping requirements, Scholarships and fellowships, Travel and transportation expenses, Veterans. Approved: February 5, 2008. Gordon H. Mansfield, Deputy Secretary of Veterans Affairs. For the reasons set forth in the preamble, the Department of Veterans Affairs amends 38 CFR part 17 as follows: PART 17—MEDICAL 1. The authority citation for part 17 continues to read as follows: Authority: 38 U.S.C. 501, 1721, and as noted in specific sections. 2. Add an undesignated center heading and § 17.86 to read as follows: Care During Certain Disasters and Emergencies § 17.86 Provision of hospital care and medical services during certain disasters and emergencies under 38 U.S.C. 1785.

(a)This section sets forth regulations regarding the provision of hospital care and medical services under 38 U.S.C. 1785.

(b)During and immediately following a disaster or emergency referred to in paragraph

(c)of this section, VA under 38 U.S.C. 1785 may furnish hospital care and medical services to individuals (including those who otherwise do not have VA eligibility for such care and services) responding to, involved in, or otherwise affected by that disaster or emergency.

(c)For purposes of this section, a *disaster* or *emergency* means:

(1)A major disaster or emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 *et seq.* ) (Stafford Act); or

(2)A disaster or emergency in which the National Disaster Medical System established pursuant to section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh-11(b)) is activated either by the Secretary of Health and Human Services under paragraph (3)(A) of that section or as otherwise authorized by law.

(d)For purposes of paragraph

(b)of this section, the terms *hospital care* and *medical services* have the meanings given such terms by 38 U.S.C. 1701(5) and 1701(6).

(e)Unless the cost of care is charged at rates agreed upon in a sharing agreement as described in § 17.102(e), the cost of hospital care and medical services provided under this section to an officer or employee of a department or agency of the United States (other than VA) or to a member of the Armed Forces shall be calculated in accordance with the provisions of § 17.102(c) and (h). Other individuals who receive hospital care or medical services under this section are responsible for the cost of the hospital care or medical services when charges are mandated by Federal law (including applicable appropriation acts) or when the cost of care or services is not reimbursed by other-than-VA Federal departments or agencies. When individuals are responsible under this section for the cost of hospital care or medical services, VA will bill in the amounts calculated in accordance with the provisions of § 17.102(h), without applying the exception provided in the first paragraph of § 17.102.

(f)VA may furnish care and services under this section to a veteran without regard to whether that individual is enrolled in the VA healthcare system under 38 U.S.C. 1705 and § 17.36 of this part. (Authority: 38 U.S.C. 501, 1785) § 17.102 [Amended] 3. Amend § 17.102 by: a. In paragraph (b)(1), removing “§ 17.43(c)(1)” and adding, in its place, “§ 17.43(b)(1)”. b. In the first sentence of paragraph (h), adding “§ 17.86 and under” after “charges under”; removing “Cost Distribution Report” and adding, in its place, “Monthly Program Cost Report (MPCR)”; and removing “and outpatient visit” and adding, in its place, “, and actual basic costs and rates for outpatient care visits or prescriptions filled”. c. In the fifth sentence of paragraph (h), removing “Cost Distribution Report” and adding, in its place, “MPCR”. [FR Doc. E8-10488 Filed 5-9-08; 8:45 am] BILLING CODE 8320-01-P GENERAL SERVICES ADMINISTRATION 48 CFR Parts 6101, 6102, 6103, 6104, and 6105 [GSA BCA Amendment 2006-01; BCA Case 2006-61-1] RIN 3090-AI29 Board of Contract Appeals; BCA Case 2006-61-1; Rules of Procedure of the Civilian Board of Contract Appeals AGENCIES: General Services Administration (GSA), Civilian Board of Contract Appeals. ACTION: Final rule. SUMMARY: This document contains final revisions to the interim rules of procedure of the Civilian Board of Contract Appeals (Board), which was published in the **Federal Register** at 72 FR 36794, July 5, 2007. These rules will govern all proceedings before the Board, and will be contained in 48 CFR parts 6101 through 6105. These rules of procedure supersede the current interim rules of the Board. DATES: Effective Date: May 12, 2008. FOR FURTHER INFORMATION CONTACT Margaret S. Pfunder, Chief Counsel, Civilian Board of Contract Appeals, telephone

(202)606-8800, e-mail address *Margaret.Pfunder@gsa.gov* for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at

(202)501-4755. Please cite BCA Case 2006-61-1. SUPPLEMENTARY INFORMATION: A. Executive Summary Part 6101 contains the rules governing proceedings involving contract disputes - both standard proceedings of the Board and expedited proceedings, including alternative dispute resolution. Part 6102 contains the rules governing the resolution of disputes between insurance companies and the Department of Agriculture's Risk Management Agency

(RMA)involving actions of the Federal Crop Insurance Corporation (FCIC). Part 6103 contains rules governing proceedings involving requests by carriers or freight forwarders to review actions taken by the Audit Division of the General Services Administration's Office of Transportation and Property Management. Part 6104 contains the rules governing the Board's resolution of claims by Federal civilian employees for certain travel or relocation expenses. And part 6105 governs the Board's issuance of decisions, upon the request of an agency disbursing or certifying official, or an agency head, on questions involving payment of certain travel or relocation expenses. The Board has adopted these rules pursuant to its authority contained in the Contract Disputes Act of 1978 (41 U.S.C. 601-613). B. Background The Civilian Board of Contract Appeals (Board) published in the **Federal Register** at 72 FR 36794, July 5, 2007, interim rules of procedure along with a notice inviting comments on those rules. This notice announced the intention to promulgate final rules of procedure, following the Board's review and consideration of all comments, to govern all proceedings before the Board. The period for comments closed on September 28, 2007. The Board has considered all comments received, revising the interim rules, in part, as explained in part D below, and now promulgates its final rules of procedure. C. Summary of Comments and Changes: The Board received comments from six commentators. Commentators included two federal agencies, one law firm, one non-profit association, one bar association, and one group of attorneys. The Board carefully considered each comment and adopted several of the suggestions made by the commentators. All comments received by the Board pertained specifically to part 6101 of the Rules. The more significant of those comments are discussed below. Part 6101 *General.* In response to one commentator's suggestion, the Board amends the Rules throughout to change all references to “panel chair” to “presiding judge” in order to maintain a consistent terminology. Similarly, the Board accepts the suggestion of another commentator and amends the Rules to substitute the term “electronically stored information” for “electronic records” in order to conform to the language in the Federal Rules of Civil Procedure. Several of the rules which pertain to contract disputes (sections 6101.1(a), 6101.2(a) and (b), 6101.4(a), 6101.5(a), 6101.12(a), and 6101.54(a)) use the term “contracting officer”. Cases which arise under the Indian Self-Determination Act, 25 U.S.C. 450m-1, are heard and decided in the same manner as contract disputes, but the agency decisions from which these appeals are taken may have been made by someone other than a contracting officer. For these cases, the term “contracting officer” refers to the individual who rendered the decision at issue. The Board also received comments from a bar association, a non-profit association, and a law firm suggesting that electronic filing of cases and submissions be permitted. The Board agrees that electronic filing would be beneficial in that it would permit parties—wherever they are in the world—to transmit pleadings and other submissions quickly, easily, economically, and reliably. We are exploring means of instituting electronic filing and anticipate that before long we will be able to adopt one of them. At the present time, however, we are unable to accept filings electronically (other than by facsimile transmission). As soon as we are able to do so, we expect to propose amendments to the rules which explain how such filings may be made. *6101.1 [Scope of rules; definitions; construction; rulings, orders, and directions; panels; location and address].* Two commentators suggested changes to the definition of when a document is “filed” with the Board. Section 6101.1(b)(5)(i) provides: “Any document, other than a notice of appeal or an application for award of fees and other expenses, is filed when it is received by the Office of the Clerk of the Board during the Board's working hours. A notice of appeal or an application for award of fees and other expenses is filed upon the earlier of its receipt by the Office of the Clerk of the Board or if mailed, the date on which it is mailed.” One commentator suggested expanding the definition to provide that any document is considered “filed” when delivered to the Office of the Clerk or, if mailed or to be delivered by a delivery service, when deposited with the United States Postal Service or delivery service. A second commentator suggested that the closing time for receipt of a document by the Office of the Clerk be 4:30 local time of the party's representative rather than 4:30 Eastern Time. The Board declines to make either proposed change. The Board's practice concerning the filing of documents other than a notice of appeal or an application for award of fees and other expenses is consistent with the practice of courts which consider documents “filed” only when they are in the hands of the clerk. As for the second suggestion, it would place an undue burden on the clerk and the judges to allow filing times to vary according to the time zone of a party's representative. Section 6101.1(b)(5) is revised, however, to clarify that filing by facsimile occurs only once the Office of the Clerk has received the entire document, and for a mailed notice of appeal or application for award of fees and other expenses, that the date of filing is the date the notice or application is mailed to the Board. In addition, one commentator recommended revising the rules for filing a notice of appeal to allow for delivery of the notice to the contracting officer, rather than the Clerk of the Board, arguing that appellants may experience confusion because of different practices among the Board's predecessor boards. The commentator noted that our predecessor boards at the Department of Labor and the Department of the Interior, along with the current Armed Services Board, would allow for service of notice on the contracting officer. The Board rejects the recommendation, however, finding that the current section 6101.1(b)(5) is consistent with the practice of the majority of our predecessor boards; section 6101.1(b)(5) as stated is sufficiently clear that appellants should experience no confusion; and allowing the submittal of appeals to contracting officers would unnecessarily delay proceedings at the Board. Although there may be occasions when misdirecting a notice of appeal would not bar a claim, such unusual circumstances would best be dealt with as they arise. Finally, one commentator suggested that section 6101.1(e), concerning panels, be amended to provide that all panel judges must attend the hearings in cases not subject to the small claims or accelerated procedures of sections 6101.52 and 6101.53. The longstanding practice of all our predecessor boards was to have only one presiding judge attend the hearing. That practice is efficient, has posed no problems, and will continue here. *6101.2 [Filing cases; time limits for filing; notice of docketing; consolidation].* One commentator suggested changes to section 6101.2(c) to require that the notice of docketing include information concerning the designation of the presiding judge and the availability of alternative dispute resolution

(ADR)services. The Board believes that the content of the notice of docketing would be more appropriately addressed through the Board's internal procedures, so no change to the section is warranted. *6101.4 [Appeal file].* One commentator suggested several amendments to section 6101.4 to clarify when the Government must file its appeal file and what documents must be contained in the appeal file. Section 6101.4(a) is revised to provide that the Government must submit its appeal file “within 30 calendar days from receipt of the Board's docketing notice or within such time as the Board may allow.” In addition, section 6101.4(a) is revised, as suggested by the commentator, to make clear that affidavits and witness statements are not necessarily required in an appeal file. The final sentence of section 6101.4(a) now begins: “Exhibits will be numbered as required by section 6101.4(b) and will include, if any:” and the phrase “if any” is deleted from subsections (1), (2), and (3). The Board rejects as unnecessarily restrictive and burdensome suggestions that

(1)the appellant must provide notice of its intent to supplement the appeal file prior to the Government's filing of an answer, and

(2)specific time frames be established for objections to exhibits and for the Board to rule on those objections in advance of a hearing. Section 6101.4(g) is revised, however, to clarify that the Board may shorten or enlarge time frames for objections. *6101.5 [Appearances; notice of appearance].* One commentator suggested amending section 6101.5 to provide for permissive intervention in a case. Whether someone who is not a contractor can be a party to an appeal is a debatable point, however, and cannot be resolved by procedural rule. Section 6101.5(a)(3) allows nonparties to appear in a case as permitted by the presiding judge, and this will permit the Board to hear from anyone who can assist in resolving a case without the Board conferring “party” status. *6101.6 [Pleadings and amendment of pleadings].* One commentator suggested deleting the second sentence of section 6101.6(c), arguing that one-word responses stating an allegation is denied may be appropriate and therefore should not be specifically discouraged. The Board agrees and the sentence is deleted from section 6101.6(c). *6101.7 [Service of papers other than subpoenas]* . In response to the suggestions of three commentators, the Board amends section 6101.7(a) in order

(1)to clarify that the service of papers between parties must be by a means of transmittal that is no less expeditious than that used to send the document to the Board and

(2)to provide that the parties will confer and agree upon a method to serve papers on each other, which method may be by electronic mail, facsimile, overnight courier, hand delivery, or any other method that will accomplish service promptly and efficiently. The commentators noted that, due to increased security requirements in recent years, service of papers by mail, particularly to government offices, may be delayed by weeks, prejudicing the receiving party and ultimately delaying processing of the case. *6101.8 [Motions].* One commentator suggested revising section 6101.8(e), which addresses the raising of jurisdictional questions, to require resolution of such questions prior to any briefing or hearing on the merits. Although the Board declines to adopt the suggested revision, given that jurisdictional questions may not always be timely recognized, the Board agrees that such questions should be resolved as early as possible in a case. To avoid encouraging litigants to delay raising jurisdictional issues, the second sentence of section 6101.8(e) is deleted. *6101.10 [Admissibility of evidence].* One commentator suggested revising section 6101.10(b) to acknowledge that the Board may determine the credibility as well as the weight of evidence. The Board has now determined, however, that section 6101.10(b) is unnecessary and more properly a rule of substantive law rather than procedure, so that section is deleted. *6101.16 [Subpoenas].* The Board received comments from a group of lawyers, a non-profit association, and a government agency regarding section 6101.16. The Board believes section 6101.16 as proposed is appropriate and has not made any modification to it (other than substituting the phrase “electronically stored information” for the phrase “electronic records”). *6101.17 [Exhibits].* The Board rejects one commentator's suggestion that parties be required to include printed versions of electronic documents in the record. Such a requirement might not always be feasible or necessary, and section 6101.17 already provides that the Board may order a party to provide printed versions of electronically stored information to be included in the record. In addition, section 6101.4(e) similarly provides that the Board may require a party to file either copies or printed versions of electronically stored information. *6101.18 [Election of hearing or record submission].* One commentator suggested that if one party has elected to submit its case on the record and has included affidavits or depositions with its submittal, that party should be required to present at the hearing, for cross-examination by the opposing party, those witnesses for whom it has submitted affidavits or depositions. The Board rejects the suggestion, finding not only that it would not serve the purpose of section 6101.18, which is to permit submittal of a case on the written record, but also that the opposing party may still call to testify those individuals for whom affidavits or depositions were submitted. *6101.21 [Hearing procedures]* . One commentator suggested that section 6101.21(a)(4) be amended to restrict the Board's ability to limit a hearing to issues of entitlement, while reserving the determination of damages, if any, for later proceedings. The commentator argued that bifurcation often results in inefficiency, duplication of efforts, and delay. While this may be true in many cases, it has been the Board's experience that, when parties receive a decision on entitlement, they are usually able to settle the quantum portion of the case without the need for a hearing. In addition, the practice of the Board is to notify the parties of its decision to bifurcate as early as possible before the hearing in order to relieve the parties from unnecessary costs they might incur in preparing to address the issue of damages. The Board believes that bifurcation is a matter best left to the presiding judge's discretion. A second commentator suggested that section 6101.21(a)(2), which allows the Board to order a joint hearing on matters in separate cases that involve common questions of law or fact, be limited to cases in which the parties or the underlying transaction or occurrence are the same. The Board believes that this, too, is a matter best left to the presiding judge's discretion. The same commentator also suggested that section 6101.21(g) be revised to require, rather than merely allow, the presiding judge to state for the record the inferences drawn from the refusal of a witness to answer. The commentator argues that the parties should then be permitted to provide additional testimony or evidence to support or rebut those inferences. The Board rejects the suggested change as impractical, given that proper inferences may not be clear until the hearing has been completed and the judge has reviewed all of the evidence. *6101.23 [Briefs and memoranda of law].* A commentator suggested that section 6101.23(b) be revised to require the filing of posthearing reply briefs in 21 rather than 15 days, given the complexity of many cases before the Board. If needed, a party may request an enlargement of time, and no change in the rule is necessary. Section 6101.23(a) is amended, however, to clarify its intent to permit the presiding judge to request prehearing and posthearing briefs and, at any point in the proceedings, memoranda of law. *6101.30 [Award of fees and other expenses].* The Board has revised section 6101.30(b), in response to one commentator's concerns, to add the following sentence: “An application for fees or other expenses may not be filed before the Board's decision is final; a request for fees or other expenses made before the Board's decision is final does not constitute an application.” The Board rejected the commentator's suggestion, however, that section 6101.30 include a requirement that an applicant seeking recovery of fees and expenses under the Equal Access to Justice Act (EAJA), 5 U.S.C. 504, file a net worth exhibit. The agency often agrees that the applicant meets the net worth qualification for EAJA recovery, and such an exhibit would therefore be unnecessary. *6101.31 [Payment of Board awards].* To be consistent with the definitions provided at section 6101.1(b), section 6101.31(c) is revised to change “government agency” to “respondent”. *6101.51 [Variation from standard proceedings].* Section 6101.51 has been revised in response to a comment that the initial paragraph of the section may be misconstrued to limit the availability of the alternative procedures in sections 6101.51 through 6101.54 to individuals and small businesses. The penultimate sentence of that paragraph is revised to read: “Although any party may ask the Board to vary from standard proceedings, individuals and small businesses may find such variations to be especially useful.” *6101.52 [Small claims procedure].* To be consistent with the definitions provided at section 6101.1(b), section 6101.52 is revised to change “Government” to “respondent”. *6101.53 [Accelerated procedure].* To be consistent with the definitions provided at section 6101.1(b), section 6101.53 is revised to change “Government” to “respondent”. *6101.54 [Alternative dispute resolution].* Several comments were received concerning section 6101.54. One commentator suggested that, to avoid the appearance of judicial pressure on the parties to participate in alternative dispute resolution

(ADR)proceedings, section 6101.54 be amended to prohibit the presiding judge or a panel judge in a case from serving as an ADR neutral. The Board notes that no party should ever feel pressured to participate in ADR or to select the presiding judge to conduct ADR proceedings. There may, however, be good reasons for the parties to request the presiding judge to serve as an ADR neutral, such as the judge's familiarity with the facts and issues of the case. The Board therefore has not amended the section as suggested. Similarly, the Board declines the suggestion of another commentator that a judge who has participated as a neutral in an unsuccessful ADR proceeding may not continue with the case in subsequent proceedings before the Board. As with the selection of a presiding or panel judge to serve as ADR neutral, there may be good reasons for the parties to want the ADR neutral to continue to serve on the panel or as the presiding judge, such as familiarity with the facts and issues of the case. The same commentator also suggested that section 6101.54(c)(1) and

(2)be amended to preclude any judge who has participated in discussions about mediation in a case from participating in a Board decision of the case if the ADR is unsuccessful. The suggested prohibition is overly broad, encompassing even casual conversations between judges, and therefore is not adopted. D. Regulatory Flexibility Act The General Services Administration certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, *et seq.* , because the rule does not impose any additional costs on large or small businesses. E. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the changes do not impose recordkeeping or information collection requirements, or otherwise collect information from offerors, contractors, or members of the public that require approval of the Office of Management and Budget under 44 U.S.C. 3501, *et seq.* List of Subjects in 48 CFR Parts 6101, 6102, 6103, 6104, and 6105 Administrative practice and procedure, Agriculture, Freight forwarders, Government procurement, Travel and relocation expenses. Dated: February 7, 2008. Stephen M. Daniels, Chairman, Civilian Board of Contract Appeals, General Services Administration. Accordingly, the interim rule amending 48 CFR Chapter 61 which was published in the **Federal Register** at 72 FR 36794, July 5, 2007, is adopted as a final rule with changes to Part 6101. CHAPTER 61—RULES OF PROCEDURE OF THE CIVILIAN BOARD OF CONTRACT APPEALS 1. The authority citation for 48 CFR Part 6101 continues to read as follows: Authority: 41 U.S.C. 601-613. 2. Amend Chapter 61 by revising the Chapter heading as set forth above. PART 6101—CONTRACT DISPUTE CASES 3. Amend Part 6101 by revising the Part heading as set forth above. 4. Amend section 6101.1 by revising paragraphs (b)(5) and

(e)to read as follows: 6101.1 Scope of rules; definitions; construction; rulings, orders, and directions; panels; location and address [Rule 1].

(b)* * *

(5)*Filing.*

(i)Any document, other than a notice of appeal or an application for award of fees and other expenses, is filed when it is received by the Office of the Clerk of the Board during the Board's working hours. A notice of appeal or an application for award of fees and other expenses is filed upon the earlier of its receipt by the Office of the Clerk of the Board or if mailed, the date on which it is mailed to the Board. A United States Postal Service postmark shall be prima facie evidence that the document with which it is associated was mailed on the date of the postmark.

(ii)Facsimile transmissions to the Board and the parties are permitted. The filing of a document by facsimile transmission occurs upon receipt by the Board of the entire submission by facsimile. Parties are specifically cautioned that a deadline for filing will not be extended merely because the Board's facsimile machine is busy or otherwise unavailable when a filing is due. Parties are expected to submit their facsimile machine numbers with their filings.

(e)*Panels.* Each case will be assigned to a panel consisting of three judges, with one member designated as the presiding judge, in accordance with such procedures as may be established by the Board. The presiding judge is responsible for processing the case, including scheduling and conducting proceedings and hearings. In addition, the presiding judge may, without participation by other panel members, decide an appeal under the small claims procedure in 6101.52 [Rule 52], rule on nondispositive motions (except for amounts in controversy under 6101.52(a)(2) [Rule 52(a)(2)] and 6101.53(a)(2) [Rule 53(a)(2)]), and dismiss a case as permitted by 6101.12(e) [Rule 12(e)]). All other matters, except for those before the full Board under 6101.28 [Rule 28], are decided for the Board by a majority of the panel. 5. Amend section 6101.4 by revising the introductory text of paragraph (a), and paragraphs (a)(1) thru (a)(3), (e), and

(g)to read as follows: 6101.4 Appeal file [Rule 4].

(a)*Submission to the Board by the respondent.* Within 30 calendar days from receipt of the Board's docketing notice or within such time as the Board may allow, the respondent shall file with the Board appeal file exhibits consisting of all documents and other tangible things relevant to the claim and to the contracting officer's decision which has been appealed. Exhibits will be numbered as required by 6101.4(b) [Rule 4(b)] and will include, if any:

(1)The contracting officer's decision from which the appeal is taken;

(2)The contract, including amendments, specifications, plans, and drawings;

(3)All correspondence between the parties that is relevant to the appeal, including the written claim or claims that are the subject of the appeal, and evidence of their certification;

(e)*Submissions on order of the Board.* The Board may, at any time during the pendency of the appeal, require any party to file other documents and tangible things as additional exhibits. The Board may also require a party to file either copies of electronically stored information or printed versions of electronically stored information.

(g)Use of appeal file as evidence. All exhibits in the appeal file, except for those as to which an objection has been sustained, are part of the evidentiary record upon which the Board will render its decision. Unless otherwise ordered by the Board, objection to any exhibit may be made at any time before the first witness is sworn or, if the appeal is submitted on the record without a hearing pursuant to 6101.19 [Rule 19], at any time prior to or concurrent with the first record submission. The Board may shorten or enlarge the time for such objections and will consider an objection made during a hearing if the ground for objection could not reasonably have been earlier known to the objecting party. If an objection is sustained, the Board will so note in the record. 6. Amend section 6101.6 by revising paragraph

(c)to read as follows: 6101.6 Pleadings and amendment of pleadings [Rule 6].

(c)*Answer.* No later than 30 calendar days after the filing of the complaint or of the Board's designation of a complaint, the respondent shall file with the Board an answer setting forth simple, concise, and direct statements of its defenses to the claim or claims asserted in the complaint, as well as any affirmative defenses it chooses to assert. A dispositive motion or a motion for a more definite statement may be filed in lieu of the answer only with the permission of the Board. If no answer is timely filed, the Board may enter a general denial, in which case the respondent may thereafter amend the answer to assert affirmative defenses only by leave of the Board and as otherwise prescribed by paragraph

(e)of this section. The Board will inform the parties when it enters a general denial on behalf of the respondent. 7. Amend section 6101.7 by revising paragraph

(a)to read as follows: 6101.7 Service of papers other than subpoenas [Rule 7].

(a)*On whom and when service must be made.* Except for subpoenas (6101.16 [Rule 16]) and documents filed *in camera* (6101.9(c) [Rule 9(c)]), when a party sends a document to the Board it must at the same time send a copy to the other party by an equally or more expeditious means of transmittal. The parties will confer and agree upon the method they will use to serve one another. They may agree to use electronic mail, facsimile, overnight courier, hand delivery, or any other mutually acceptable method for accomplishing service promptly and efficiently. 8. Amend section 6101.8 by revising paragraph

(e)to read as follows: 6101.8 Motions [Rule 8].

(e)*Jurisdictional questions.* The Board may at any time consider the issue of its jurisdiction to decide a case. 9. Revise section 6101.10 to read as follows: 6101.10 Admissibility of evidence [Rule 10]. In general, any relevant and material evidence will be admitted into the record. The Board may exclude evidence to avoid unfair prejudice, confusion of the issues, undue delay, waste of time, or needless presentation of cumulative evidence. Hearsay evidence is admissible unless the Board finds it unreliable or untrustworthy. As a general matter, and subject to the other provisions of 6101.10 [Rule 10], the Board will look to the Federal Rules of Evidence for guidance when it makes evidentiary rulings. 10. Amend section 6101.12 by revising paragraph

(e)to read as follows: 6101.12 Suspensions and dismissals [Rule 12].

(e)*Issuance of order.* The presiding judge alone may issue an order suspending proceedings. An order of dismissal shall be issued by the panel of judges to which the case has been assigned if the motion is contested or if the Board is acting consequent to its own show cause order. An order of dismissal may be issued by the presiding judge alone if the motion to dismiss is not contested. 11. Amend section 6101.13 by revising paragraphs (a)(3), (b), and

(g)to read as follows: 6101.13 General provisions governing discovery [Rule 13].

(a)* * *

(3)Requests for production of documents, electronically stored information, or other tangible or intangible things; and

(b)*Scope of discovery.* Except as otherwise limited by order of the Board, the parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending case, whether it relates to the claim or defense of a party, including the existence, description, nature, custody, condition, and location of any books, documents, electronically stored information, or other tangible or intangible things, and the identity and location of persons having knowledge of any discoverable matter. It is not a ground for objection that the information sought will be inadmissible if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

(g)*Failure to make or cooperate in discovery.* If a party fails to appear for a deposition, after being served with a proper notice; to serve answers or objections to interrogatories submitted under 6101.14 [Rule 14], after proper service of interrogatories; or to serve a written response to a request for inspection, production, and copying of any documents, electronically stored information, and things under 6101.14 [Rule 14], the party seeking discovery may move the Board to impose appropriate sanctions under 6101.33 [Rule 33]. 12. Amend section 6101.14 by revising paragraphs (c), (d), and

(f)to read as follows: 6101.14 Interrogatories to parties; requests for admission; requests for production [Rule 14].

(c)*Written requests for admission.* A written request for the admission of the truth of any matter, within the proper scope of discovery, that relates to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents or electronically stored information, is to be answered in writing and signed within 30 calendar days after service. Objections shall be filed within the time limits set forth in 6101.13(f)(2) [Rule 13(f)(2)]. Otherwise, the matter therein may be deemed to be admitted. Any matter admitted is conclusively established for the purpose of the pending action, unless the Board on motion permits withdrawal or amendment of the admission. Any admission made by a party under this paragraph

(c)is for the purpose of the pending action only and is not an admission for any other purpose, nor may it be used against the party in any other proceeding.

(d)*Written requests for production.* A written request for the production, inspection, and copying of any documents, electronically stored information, or things shall be answered within 30 calendar days after service. Objections shall be filed within the time limits set forth in 6101.13(f)(2) [Rule 13(f)(2)].

(f)*Responses.* A party that has responded to written interrogatories, requests for admission, or requests for production of documents, electronically stored information, or things, upon becoming aware of deficiencies or inaccuracies in its original responses, or upon acquiring additional information or additional documents, electronically stored information, or things relevant thereto, shall, as quickly as practicable, and as often as necessary, supplement its responses to the requesting party with correct and sufficient additional information and such additional documents, electronically stored information, and things as are necessary to give a complete and accurate response to the request. 13. Amend section 6101.16 by revising paragraph (b)(3) to read as follows: 6101.16 Subpoenas [Rule 16].

(b)* * *

(3)Produce the books, papers, documents, electronically stored information, and other tangible and intangible things designated in the subpoena. 14. Amend section 6101.17 by revising paragraph

(b)to read as follows: 6101.17 Exhibits [Rule 17].

(b)*Copies as exhibits.* Except upon objection sustained by the Board for good cause shown, copies of documents may be offered and received into evidence as exhibits, provided they are of equal legibility and quality as the originals, and such copies shall have the same force and effect as if they were the originals. If the Board directs, a party offering a copy of a document as an exhibit shall have the original available at the hearing for examination by the Board and any other party. When the original of a document has been received into evidence as an exhibit, an accurate copy may be substituted in evidence for the original by leave of the Board at any time. The Board may require a party to provide either copies of electronically stored information or printed versions of electronically stored information to be included in the record. 15. Amend section 6101.23 by revising the introductory text of paragraph

(a)to read as follows: 6101.23 Briefs and memoranda of law [Rule 23].

(a)* Form and content of briefs and memoranda of law.* Briefs and memoranda of law shall be on standard size 8 1/2 by 11-inch paper. They shall be double-spaced with text in the body and in the footnotes no smaller than 12 point. Otherwise, no particular form or organization is prescribed. The presiding judge may request prehearing and posthearing briefs and may also request, at any point in the proceedings, memoranda of law. Prehearing and posthearing briefs should, at a minimum, succinctly set forth: 16. Amend section 6101.30 by revising paragraph

(b)to read as follows: 6101.30 Award of fees and other expenses [Rule 30].

(b)*Time for filing.* A party seeking an award may submit an application no later than 30 calendar days after a final disposition in the underlying appeal. The Board's decision becomes final (for purposes of 6101.30 [Rule 30]) when it is not appealed to the United States Court of Appeals for the Federal Circuit within the time permitted for appeal or, if the decision is appealed, when the time for petitioning the Supreme Court for certiorari has expired. An application for fees or other expenses may not be filed before the Board's decision is final; a request for fees or other expenses made before the Board's decision is final does not constitute an application. 17. Amend section 6101.31 by revising paragraph

(c)to read as follows: 6101.31 Payment of Board awards [Rule 31].

(c)*Procedure.* Whenever the Board issues a decision or an order awarding an appellant any amount of money, it will attach to the copy of the decision sent to each party forms such as those contained in the Appendix to the rules of this chapter. Unless the appellant files a timely appeal from the decision, the appellant will complete the Certificate of Finality, sign it, and forward it to the person or persons who entered an appearance in the appeal on behalf of the respondent. Upon receipt of a completed and executed Certificate of Finality, unless the respondent files a timely appeal from the decision, the person or persons who entered an appearance in the appeal on behalf of the respondent will promptly transmit the appellant's Certificate of Finality, along with a certified copy of the Board's decision and any other necessary documentation, to the United States Department of the Treasury for payment. 18. Amend section 6101.51 by revising the introductory paragraph and paragraph

(d)to read as follows: 6101.51 Variation from standard proceedings [Rule 51]. The ultimate purpose of any Board proceeding is to resolve fairly and expeditiously any dispute properly before the Board. When, during the normal course of a Board proceeding, the parties agree that a change in established procedure will promote this purpose, the Board will make that change if it is deemed to be feasible and in the best interest of the parties, the Board, and the resolution of the issue(s) in controversy. Although any party may ask the Board to vary from standard proceedings, individuals and small businesses may find such variations to be especially useful. The following are examples of these changes:

(d)Developing a record regarding relevant facts through an on-the-record round-table discussion with sworn witnesses, counsel, and the presiding judge rather than through formal direct and cross-examination of each of these same witnesses. This discussion shall be controlled by the presiding judge. It may be conducted, for example, through the presentation of narrative statements of witnesses or on an issue by issue basis. The presiding judge may also request that the parties' counsel or representatives present opening and/or closing statements in lieu of written briefs. 19. Amend section 6101.52 by revising the introductory text of paragraph (a)(1), and paragraphs (a)(2), (b), and

(d)to read as follows: 6101.52 Small claims procedure [Rule 52].

(a)*Election.*

(1)The small claims procedure is available solely at the appellant's election. Such election shall be made no later than 30 calendar days after the appellant's receipt of the agency answer, unless the presiding judge enlarges the time for good cause shown. The appellant may elect this procedure when:

(2)At the request of the respondent, or on its own initiative, the Board may determine whether the amount in dispute and/or the appellant's status makes the election inappropriate. The respondent shall raise any objection to the election no later than 10 working days after receipt of a notice of election.

(b)*Decision.* The presiding judge may issue a decision, which may be in summary form, orally or in writing. A decision which is issued orally shall be reduced to writing; however, such a decision takes effect at the time it is rendered, prior to being reduced to writing. A decision shall be final and conclusive and shall not be set aside except in case of fraud. A decision shall have no value as precedent.

(d)*Time of decision.* Whenever possible, the presiding judge shall resolve an appeal under this procedure within 120 calendar days from the Board's receipt of the election. The time for processing an appeal under this procedure may be extended if the appellant has not adhered to the established schedule. Either party's failure to abide by the Board's schedule may result in the Board drawing evidentiary inferences adverse to the party at fault. 20. Amend section 6101.53 by revising paragraphs

(a)and

(b)to read as follows: 6101.53 Accelerated procedure [Rule 53].

(a)*Election.*

(1)The accelerated procedure is available solely at the appellant's election, and only when there is a monetary amount in dispute and that amount is $100,000 or less. Such election shall be made no later than 30 calendar days after the appellant's receipt of the agency answer, unless the presiding judge enlarges the time for good cause shown.

(2)At the request of the respondent, or on its own initiative, the Board may determine whether the amount in dispute is greater than $100,000, such that the election is inappropriate. The respondent shall raise any objection to the election no later than 10 working days after receipt of a notice of election.

(b)*Decision.* Each decision shall be rendered by the presiding judge with the concurrence of one of the other judges assigned to the panel; in the event the two judges disagree, the third judge assigned to the panel will participate in the decision. [FR Doc. E8-10484 Filed 5-9-08; 8:45 am] BILLING CODE 6820-AL-S 73 92 Monday, May 12, 2008 Proposed Rules DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 3500 [Docket No. FR-5180-N-02] RIN 2502-AH85 Real Estate Settlement Procedures Act (RESPA) Proposed Rule To Improve the Process of Obtaining Mortgages and Reduce Consumer Settlement Costs: Extension of Public Comment Period AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Proposed rule: extension of public comment period. SUMMARY: This notice extends the public comment period for an additional 30-day period for HUD's proposed rule entitled “Real Estate Settlement Procedures Act (RESPA); Proposed Rule to Improve the Process of Obtaining Mortgages and Reduce Consumer Settlement Costs,” published on March 14, 2008. The public comment period for this proposed rule is scheduled to close on May 13, 2008. HUD is extending the public comment period to June 12, 2008. DATES: Comment Due Date: June 12, 2008. ADDRESSES: Interested persons are invited to submit comments regarding this proposed rule. There are two methods for comments to be submitted as public comments and to be included in the public comment docket for this rule. Regardless of the method selected, all submissions must refer to the above docket number and title. 1. *Submission of Comments by Mail.* Comments may be submitted by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410-0001. 2. *Electronic Submission of Comments.* Interested persons may submit comments electronically through the Federal eRulemaking Portal at *http://www.regulations.gov.* HUD strongly encourages commenters to submit comments electronically. Electronic submission of comments allows commenters maximum time to prepare and submit comments, ensures timely receipt by HUD, and enables HUD to make them immediately available to the public. Comments submitted electronically through the *http://www.regulations.gov* Web site can be viewed by other commenters and interested members of the public. Commenters should follow the instructions provided on that site to submit comments electronically. Note: To receive consideration as public comments, comments must be submitted through one of the two methods specified above. Again, all submissions must refer to the docket number and title of the rule. No Facsimile Comments. Facsimile

(FAX)comments are not acceptable. *Public Inspection of Public Comments.* All properly submitted comments and communications submitted to HUD will be available, without charge, for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address. Due to security measures at the HUD Headquarters building, an advance appointment to review the public comments must be scheduled by calling the Regulations Division at

(202)708-3055 (this is not a toll-free number). Individuals with speech or hearing impairments may access this number through TTY by calling the toll-free Federal Information Relay Service at

(800)877-8339. Copies of all comments submitted are available for inspection and downloading at *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Ivy Jackson, Director, or Barton Shapiro, Deputy Director, Office of RESPA and Interstate Land Sales, U.S. Department of Housing and Urban Development, 451 Seventh Street, SW., Room 9158, Washington, DC 20410; telephone number

(202)708-0502 (this is not a toll-free number). For legal questions, contact Paul S. Ceja, Assistant General Counsel for GSE/RESPA, Joan L. Kayagil, Deputy Assistant General Counsel for GSE/RESPA or Rhonda L. Daniels, Attorney-Advisor for GSE/RESPA, Room 9262; telephone number

(202)708-3137. Persons with hearing or speech impairments may access this number via TTY by calling the toll-free Federal Information Relay Service at

(800)877-8339. SUPPLEMENTARY INFORMATION: Background HUD published its proposed rule entitled “Real Estate Settlement Procedures Act (RESPA); Proposed Rule to Improve the Process of Obtaining Mortgages and Reduce Consumer Settlement Costs,” on March 14, 2008 (73 FR 14030). This proposed rule presents HUD's proposal to simplify and improve the disclosure requirements for mortgage settlement costs under the Real Estate Settlement Procedures Act of 1974 (RESPA), to protect consumers from unnecessarily high settlement costs. In response to requests for extension of the public comment period, HUD has agreed to extend the public comment period for an additional 30 days. Extension of Public Comment Period The public comment period for HUD's RESPA proposed rule, published on March 14, 2008, is extended to June 12, 2008. Dated: May 7, 2008. Frank L. Davis, General Deputy Assistant Secretary for Housing—Federal Housing Commissioner. [FR Doc. E8-10634 Filed 5-9-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Part 192 [Docket ID PHMSA-2005-23447; Notice 3] RIN 2137-AE25 Pipeline Safety: Standards for Increasing the Maximum Allowable Operating Pressure for Gas Transmission Pipelines AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation. ACTION: Proposed rule; extension of comment period. SUMMARY: PHMSA is extending the period for public comment to give interested persons an additional week to comment on a proposed rule to amend the pipeline safety regulations to prescribe safety requirements for the operation of certain gas transmission pipelines at pressures based on higher stress levels. DATES: Anyone interested in filing written comments on the rule proposed in this document must do so by May 19, 2008. PHMSA will consider late filed comments so far as practicable. ADDRESSES: Comments should reference Docket ID PHMSA-2005-23447 and may be submitted in the following ways: • *E-Gov Web Site: http://www.regulations.gov.* This site allows the public to enter comments on any **Federal Register** notice issued by any agency. Follow the instructions for submitting comments. • *Fax:* 1-202-493-2251. • *Mail:* Docket Management System: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Room W12-140, Washington, DC 20590. • *Hand Delivery:* DOT Docket Management System; Room W12-140, on the ground floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. *Instructions:* Identify the docket ID, PHMSA-2005-23447, at the beginning of your comments. If you submit your comments by mail, submit two copies. If you wish to receive confirmation that PHMSA received your comments, include a self-addressed stamped postcard. Internet users may submit comments at *http://www.regulations.gov.* Note: Comments will be posted without changes or edits to *http://www.regulations.gov* including any personal information provided. Please see the Privacy Act heading in the Regulatory Analyses and Notices section of the Supplemental Information for additional information. FOR FURTHER INFORMATION CONTACT: For information about this rulemaking, contact Barbara Betsock by phone at

(202)366-4361, by fax at

(202)366-4566, or by e-mail at *barbara.betsock@dot.gov.* For technical information, contact Alan Mayberry by phone at

(202)366-5124, or by e-mail at *alan.mayberry@dot.gov.* SUPPLEMENTARY INFORMATION: PHMSA is extending by one week the comment period on the proposed rulemaking published on March 12, 2008. (73 FR 13167) The Interstate Natural Gas Association of America (INGAA) represents most of the pipeline operators potentially impacted by the proposed rule. INGAA requested this extension in order to complete technical papers it intends to file. PHMSA is granting the extension in order to be able to consider these technical papers. Issued in Washington, DC, on May 7, 2008. Jeffrey D. Wiese, Associate Administrator for Pipeline Safety. [FR Doc. E8-10628 Filed 5-9-08; 8:45 am] BILLING CODE 4910-60-P 73 92 Monday, May 12, 2008 Notices DEPARTMENT OF AGRICULTURE Forest Service Modoc National Forest, California, Modoc National Forest Public Wheeled Motorized Travel Management EIS AGENCY: Forest Service, USDA. ACTION: Notice of Intent to prepare an Environmental Impact Statement. SUMMARY: The Modoc National Forest (Modoc NF) will prepare an Environmental Impact Statement to disclose the impacts associated with the following proposed actions: 1. The prohibition of cross-country motorized vehicle travel (with the exception of snowmobiles) off designated NFS roads, NFS trails and areas by the public except as allowed by permit or other authorization. 2. Add approximately 339 miles of 1170 existing unauthorized routes to the current system of National Forest System

(NFS)roads and motorized trails open to the public for wheeled motorized vehicle use by vehicle class, including seasonal closures on approximately 20 miles of 74 of the added routes. 3. Make the following changes to existing NFS roads: a. Prohibit use seasonally on approximately 313 miles of 214 existing NFS roads. b. Allow non-highway legal vehicle use on approximately 147 miles of existing NFS roads where such use is currently prohibited. c. Close NFS road 46B29HB (road along Boles Creek between Clear Lake and Steel Swamp) to public use. 4. Amend the Modoc NF Land and Resource Management Plan (Modoc LRMP) for areas not covered under the Sierra Nevada Forest Plan Amendment by removing the objective “Keep over 87% of the Forest open to OHVs (Modoc LRMP p. 4-11)” and numerous standards and guidelines in the LRMP regarding keeping areas open for OHV use and include as a forest-wide standard “Prohibit wheeled vehicle travel off designated roads and trails except for administrative use or uses under permitted activities”. DATES: The comment period on the proposed action will extend 30 days from the date the Notice of Intent is published in the **Federal Register** . The Draft Environmental Impact Statement

(DEIS)is estimated to be completed by September 30, 2008 and the Final Environmental Impact Statement

(FEIS)is estimated to be completed by December 31, 2008. ADDRESSES: Send written comments to: Travel Management Team, Modoc National Forest, 800 W 12 Street, Alturas, CA 96101. Electronic comments, in acceptable plain text (.txt), rich text (.rft), or Word (.doc) may be submitted to *modoc.route.designation@fs.fed.us.* FOR FURTHER INFORMATION CONTACT: Kathleen Borovac, Modoc National Forest, 800 W 12th Street, Alturas, CA 96101. Phone:

(530)233-8754. E-mail: *modoc.route.designation@fs.fed.us* SUPPLEMENTARY INFORMATION: Background Over the past few decades, the availability and capability of motorized vehicles, particularly off-highway vehicles

(OHVs)and sport utility vehicles

(SUVs)has increased tremendously. Nationally, the number of OHV users has climbed sevenfold in the past 30 years, from approximately 5 million in 1972 to 36 million in 2000. The ten states with the largest population also have the most OHV users. California has 4.35 million OHV users accounting for almost 11% of the U.S. total (Off-Highway Vehicle Recreation in the United States, Regions and States: A National Report from the National Survey on Recreation and the Environment

(NSRE)Cordell, Betz, Green and Owens June 2005). There were 786,914 ATVs and OHV motorcycles registered in 2004, up 330% since 1980. Annual sales of ATVs and OHV motorcycles in California were the highest in the U.S. for the last 5 years. Four-wheel drive vehicle sales in California also increased by 1500% to 3,046,866 from 1989 to 2002. Unmanaged OHV use has resulted in unplanned roads and trails, erosion, watershed and habitat degradation, and impacts to cultural resource sites. Compaction and erosion are the primary effects of OHV use on soils. Riparian areas and aquatic dependent species are particularly vulnerable to OHV use. Unmanaged recreation, including impacts from OHVs, is one of “Four Key Threats Facing the Nation's Forests and Grasslands.” (USDA Forest Service, June 2004.) On August 11, 2003, the Pacific Southwest Region of the Forest Service entered into a Memorandum of Intent

(MOI)with the California Off-Highway Motor Vehicle Recreation Commission, and the Off-Highway Motor Vehicle Recreation Division of the California Department of Parks and Recreation. That MOI set in motion a region-wide effort to “ Designate OHV roads, trails, and any specifically defined open areas for motorized wheeled vehicles on maps of the 19 National Forests in California by 2007.” On November 9, 2005, the Forest Service published final travel management regulations in the **Federal Register** (FR Vol. 70, No. 216—-Nov. 9, 2005, pp. 68264-68291). This final Travel Management Rule requires designation of those roads, trails, and areas that are open to motor vehicle use on National Forests. Designations will be made by class of vehicle and, if appropriate, by time of year. The final rule prohibits the use of motor vehicles off the designated system as well as use of motor vehicles on routes and in areas that are not designated. On some NFS lands, long managed as open to cross-country motor vehicle travel, repeated use has resulted in unplanned, unauthorized, roads and trails. These routes generally developed without environmental analysis or public involvement, and do not have the same status as NFS roads and NFS trails included in the forest transportation system. Nevertheless, some unauthorized routes are well-sited, provide excellent opportunities for outdoor recreation by motorized and non-motorized users, and would enhance the National Forest system of designated roads, trails and areas. Other unauthorized routes are poorly located and cause unacceptable impacts. Only NFS roads and NFS trails can be designated for wheeled motorized vehicle use. In order for an unauthorized route to be designated, it must first be added to the forest transportation system. In accordance with the *MOI,* the Modoc NF recently completed an inventory of unauthorized routes on NFS lands and identified approximately 535 miles of 1,806 unauthorized routes. The Modoc NF then used an interdisciplinary process to conduct travel analysis that included working with the public to determine whether any of the unauthorized routes should be proposed for addition to the Modoc NF transportation system. Roads and trails that are currently part of the Modoc NF transportation system and are open to wheeled motorized vehicle travel will remain designated for such use except as described below under Proposed Action. This proposal focuses only on the prohibition of wheeled motorized vehicle travel off designated routes and needed changes to the Modoc NF transportation system, including the addition of some unauthorized routes to the Modoc NF transportation system and minor changes to existing motor vehicle restrictions. Based on public comments and interdisciplinary review of the 1,806 or 535 miles of unauthorized routes, Modoc NF is proposing to add 1,170 unauthorized routes or 339 miles to the transportation system. The proposed action is being carried forward in accordance with the Travel Management Rule (36 CFR Part 212). In accordance with the Rule, following a decision on this proposal, the Modoc National Forest will publish a Motor Vehicle Use Map

(MVUM)identifying all Modoc NF roads, trails and areas that are designated for motor vehicle use. The MVUM shall specify the classes of vehicles and, if appropriate, the times of year for which use is designated. Unauthorized routes not included in this proposal may be considered for addition to the National Forest transportation system and inclusion in a MVUM at a future date. Future decisions associated with changes to the MVUM may trigger the need for documentation of environmental analysis. Purpose and Need for Action The following needs have been identified for this proposal: 1. There is a need for regulation of unmanaged wheeled motorized vehicle travel by the public. Currently, wheeled motorized vehicle travel by the public is not prohibited off designated routes. In their enjoyment of the National Forest, motorized vehicle users have created numerous unauthorized routes. The number of such routes continues to grow each year with many routes having environmental impacts and safety concerns that have not been addressed. The Travel Management Rule, 36 CFR Part 212, provides policy for ending this trend of unauthorized route development and managing the Forest transportation system in a sustainable manner through designation of motorized NFS roads, trails and areas, and the prohibition of cross-country travel. 2. There is a need for limited changes and additions to the Modoc NF transportation system to: 2.1. Provide wheeled motorized access to dispersed recreation opportunities (camping, hunting, fishing, hiking, horseback riding, etc.). Some known dispersed recreation use is not located directly adjacent to an existing NFS road. Rather, they are accessed mostly by short spur routes that have been created and maintained primarily by the passage of motorized vehicles. Such 'user-created' routes are not currently part of the National Forest Transportation System (NFTS). Without changes to the system and its management, the regulatory changes noted above would make continued use of such routes illegal. 2.2. Provide a diversity of wheeled motorized recreation opportunities (4X4 vehicles, motorcyles, ATVs, passenger vehicles, etc.). It is Forest Service policy to provide a diversity of road and trail opportunities for experiencing a variety of environments and modes of travel consistent with the National Forest recreation role and land capability (FSM 2353.03(2)). Without additions to the NFTS, implementation of the Travel Management Rule will severely limit motorized recreation opportunities relative to current levels. 3. There is a need for protection of heritage resources in the area along road 46B29HB (road along Boles Creek between Clear Lake and Steel Swamp) due to documented cases of vandalism of heritage resources within this area. 4. There is a need for consistency between the 2005 Travel Management Rule and the Modoc NF Land and Resource Management Plan (Modoc LRMP). In 2004, the portion of the Modoc LRMP covered under the Sierra Nevada Forest Plan Amendment (SNFPA) was amended to include Standard and Guideline #69 (SNFPA ROD, pg. 59). Standard and Guideline #69 is consistent with the 2005 Travel Management Rule because it prohibits “wheeled vehicle travel off of designated routes, trails and limited off highway vehicle

(OHV)areas.” The remainder of the Modoc NF, which is not covered by the SNFPA, includes the objective “Keep over 87% of the Forest open to OHVs (Modoc LRMP p. 4-11)” and numerous other standards and guidelines in the LRMP regarding keeping areas open for OHV use. These remaining Modoc LRMP standards and guidelines are not consistent with the 2005 Travel Management Rule, which prohibits motorized vehicle use except on designated NFS roads, NFS motorized trails and areas. It is Forest Service policy to provide a diversity of road and trail opportunities for experiencing a variety of environments and modes of travel consistent with the National Forest recreation role and land capability (FSM 2353.03(2)). In meeting these needs the proposed action should achieve the following purposes: A. Avoid impacts to cultural resources. B. Provide for public safety. C. Provide for a diversity of recreational opportunities. D. Assure adequate access to public and private lands. E. Provide for adequate maintenance and administration of designations based on availability of resources and funding to do so. Currently the Forest has a maintenance backlog for roads of approximately $128,053,267. Future road and trail budgets may decrease from current levels. F. Minimize damage to soil, vegetation and other forest resources. G. Avoid harassment of wildlife and significant disruption of wildlife habitat. H. Minimize conflicts between wheeled motor vehicles and existing or proposed recreational uses of NFS lands. I. Minimize conflicts among different classes of wheeled motor vehicle uses of NFS lands or neighboring federal lands. J. Assure compatibility of wheeled motor vehicle use with existing conditions in populated areas, taking into account sound, emissions, etc. K. Maintain valid existing rights of use and access (rights-of-way). L. Constrain the proposal to that which is within the capability of the Forest to analyze given: 1. The national schedule for regions to publish their Forest Motor Vehicle Use Maps. For the Modoc National Forest the publication deadline is approximately March 2009. 2. Available funding (road and trail management budgets). 3. Available resources (resource data and staff time). Proposed Action 1. The prohibition of cross-country wheeled motorized vehicle travel off designated NFS roads, NFS trails and areas by the public except as allowed by permit or other authorization. 2. Motorized Road Additions: The Modoc NF currently manages and maintains approximately 4,973 miles of NFS roads and 1.76 miles of NFS motorized trails. Based on the stated purpose and need for action, and as a result of the recent travel analysis process which included public input and an interdiscipinary evaluation of each road, the Modoc NF proposes to add 1170 existing unauthorized routes to its NFS roads. These additions equal approximately 339 miles and would raise the total NFS roads to approximately 5,312 miles. Maps and tables describing in detail both the Modoc NF transportation system and the proposed action can be found at *http://www.fs.fed.us/r5/modoc.* Approximately 20 miles or 74 of the added routes will have seasonal restrictions. 3. Make the following changes to existing NFS roads: a. Add seasonal restrictions to approximately 313 miles of 214 existing NFS roads. b. Allow non-street legal vehicle access on approximately 147 miles of existing NFS roads where such use is currently prohibited: Motor vehicle operation on National Forest System roads is subject to both federal and state laws and regulations. National Forest System

(NFS)roads maintained by the Modoc NF, for travel by a prudent driver in a standard passenger car, are subject to the federal Highway Safety Act and are considered highways for purposes of the California Vehicle Code

(CVC)Division 16.5. These roads are currently open to highway legal vehicles only. c. Close NFS road 46B29HB (road along Boles Creek between Clear Lake and Steel Swamp) to public use. 4. Amend the Modoc NF Land and Resource Management Plan for areas not covered under the Sierra Nevada Forest Plan Amendment by removing the objective “Keep over 87% of the Forest open to OHVs (Modoc LRMP p. 4-11)” and numerous standards and guidelines in the LRMP regarding keeping areas open for OHV use. The list of standards and guidelines to be amended can be found on our website as stated below. Include as a forest-wide standard “Prohibit wheeled vehicle travel off designated roads and trails except for administrative use or uses under permitted activities”. Maps and tables describing in detail both the Modoc NF transportation system and the proposed action can found at *http://www.fs.fed.us/r5/modoc.* In addition, maps will be available for viewing at: 1. Modoc National Forest, 800 W 12th Street, Alturas, CA 96101. 2. Warner Mountain Ranger District, 385 Wallace Street, Cedarville, CA 96104. 3. Doublehead Ranger District, 49870 Hwy 139, Tulelake, CA 96134. 4. Big Valley Ranger District, 508 Main Street, Adin, CA 96006. Responsible Official Stanley G. Sylva, Forest Supervisor, Modoc National Forest, 800 W 12th Street, Alturas, CA 96101. Nature of Decision To Be Made The responsible official will decide whether to adopt and implement the proposed action, an alternative to the proposed action, or take no action to make changes to the existing Modoc National Forest Transportation System; prohibit cross country wheeled motorized vehicle travel by the public off the designated system; and amend the Modoc LRMP, as described above. Once the decision is made, the Modoc National Forest will publish a Motor Vehicle Use Map

(MVUM)identifying the roads and trails that are designated for motor vehicle use. The MVUM shall specify the classes of vehicles and, if appropriate, the times of year for which use is designated. Future decisions associated with changes to the MVUM may trigger the need for documentation of environmental analysis. Scoping Process Public participation will be especially important at several points during the analysis. The Forest Service will be seeking information, comments, and assistance from federal, state, and local agencies and other individuals or organizations who may be interested in or affected by the proposed action. The Modoc National Forest met with local elected officials, Tribes, federal advisory groups, and community groups, including service and professional organizations, to discuss the Travel Management Rule and travel management on the Forest. In November 2007, public open houses were held in Cedarville, CA; Alturas, CA; Adin, CA; and Tulelake, CA to gather information about which routes the public uses and to identify routes missed in the inventory of unauthorized routes. Additionally, maps of inventoried routes were available on the Forest's Web site and Forest Service offices. The public used these maps to provide input into the process. The Notice of Intent is expected to be published in the **Federal Register** on May 12, 2008. The comment period on the proposed action will extend 30 days from the date the Notice of Intent is published in the **Federal Register** . Public Open Houses will be held on May 19, 20, 28 and 29, in Cedarville, CA; Alturas, CA; Adin, CA and Tulelake, CA to review maps and to discuss the proposed action. The draft environmental impact statement is estimated to be filed with the Environmental Protection Agency

(EPA)and to be available for public review by the end of September 2008. EPA will publish a notice of availability of the draft EIS in the **Federal Register** . The comment period on the draft EIS will extend 45 days from the date the EPA notice appears in the **Federal Register** . At that time, copies of the draft EIS will be distributed to interested and affected agencies, organizations, and members of the public for their review and comment. It is very important that those interested in the management of the Modoc National Forest participate at that time. The final EIS is estimated to be completed by December 31, 2008. In the final EIS, the Forest Service will respond to comments received during the comment period that pertain to the environmental consequences discussed in the draft EIS and applicable laws, regulations, and policies considered in making the decision. Submission of comments in response to the draft EIS is a prerequisite for eligibility to appeal under the 36 CFR part 215 regulations. Comment Requested This Notice of Intent initiates the scoping process which guides the development of the environmental impact statement. *Early Notice of Importance of Public Participation in Subsequent Environmental Review:* A draft environmental impact statement will be prepared for comment. The comment period on the draft environmental impact statement will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the **Federal Register** . The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft environmental impact statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. *Vermont Yankee Nuclear Power Corp.* v. *NRDC,* 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft environmental impact statement stage but that are not raised until after completion of the final environmental impact statement may be waived or dismissed by the courts. *City of Angoon* v. *Hodel,* 803 F.2d 1016, 1022 (9th Cir. 1986) and *Wisconsin Heritages, Inc.* v. *Harris,* 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45 day comment period so that comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft environmental impact statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21. Dated: May 1, 2008. Stanley G. Sylva, Forest Supervisor. [FR Doc. E8-10235 Filed 5-9-08; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF COMMERCE International Trade Administration (A-122-840) Carbon and Certain Alloy Steel Wire Rod from Canada: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 7, 2007, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on carbon and certain alloy steel wire rod from Canada. *See Notice of Preliminary Results of Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod From Canada* , 72 FR 62816 (November 7, 2007) ( *Preliminary Results* ). This review covers the period October 1, 2005, through September 30, 2006, for Ivaco Rolling Mills 2004 L.P. (“IRM”) and Sivaco Ontario (a division of Sivaco Wire Group 2004 L.P.) (“Sivaco”) (referred to collectively as Ivaco). EFFECTIVE DATE: May 12, 2008. FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone:

(202)482-1131 or

(202)482-0649, respectively. SUPPLEMENTARY INFORMATION: Background On November 7, 2007, the Department published the preliminary results of this administrative review of the antidumping duty order on carbon and certain alloy steel wire rod from Canada. *See Preliminary Results* , 72 FR 62816. This review covers Ivaco for the period October 1, 2005, to September 30, 2006. On November 29, 2007, we sent a supplemental questionnaire to Ivaco pertaining to the level of trade issue. Ivaco submitted its response on December 13, 2007. Petitioners (Mittal Steel USA Inc. - Georgetown, Gerdau USA Inc., Nucor Steel Connecticut Inc., Keystone Consolidated Industries, Inc., and Rocky Mountain Steel Mills) provided comments on Ivaco's response on December 21, 2007. Ivaco responded to petitioners' comments on December 31, 2007. The Department extended the deadlines for filing case briefs and rebuttal briefs because of its request for new information after issuing its preliminary results. Ivaco and petitioners submitted their case briefs on January 23, 2008, and rebuttal briefs on January 30, 2008. A hearing was held on February 27, 2008. On February 28, 2008, we published in the **Federal Register** our notice fully extending the time limit for this review until May 5, 2008. *See Carbon and Certain Alloy Steel Wire Rod From Canada: Extension of Time Limit for Final Results of Antidumping Duty Administrative Review* , 73 FR 10743 (February 28, 2008). Period of Review The period of review is October 1, 2005 through September 30, 2006. Scope of the Order The merchandise subject to this order is certain hot-rolled products of carbon steel and alloy steel, in coils, of approximately round cross section, 5.00 mm or more, but less than 19.00 mm, in solid cross-sectional diameter. Specifically excluded are steel products possessing the above-noted physical characteristics and meeting the Harmonized Tariff Schedule of the United States (“HTSUS”) definitions for

(a)stainless steel;

(b)tool steel;

(c)high nickel steel;

(d)ball bearing steel; and

(e)concrete reinforcing bars and rods. Also excluded are

(f)free machining steel products (i.e., products that contain by weight one or more of the following elements: 0.03 percent or more of lead, 0.05 percent or more of bismuth, 0.08 percent or more of sulfur, more than 0.04 percent of phosphorus, more than 0.05 percent of selenium, or more than 0.01 percent of tellurium). Also excluded from the scope are 1080 grade tire cord quality wire rod and 1080 grade tire bead quality wire rod. Grade 1080 tire cord quality rod is defined as:

(i)Grade 1080 tire cord quality wire rod measuring 5.0 mm or more but not more than 6.0 mm in cross-sectional diameter;

(ii)with an average partial decarburization of no more than 70 microns in depth (maximum individual 200 microns);

(iii)having no non-deformable inclusions greater than 20 microns and no deformable inclusions greater than 35 microns;

(iv)having a carbon segregation per heat average of 3.0 or better using European Method NFA 04-114;

(v)having a surface quality with no surface defects of a length greater than 0.15 mm;

(vi)capable of being drawn to a diameter of 0.30 mm or less with 3 or fewer breaks per ton, and

(vii)containing by weight the following elements in the proportions shown:

(1)0.78 percent or more of carbon,

(2)less than 0.01 percent of aluminum,

(3)0.040 percent or less, in the aggregate, of phosphorus and sulfur,

(4)0.006 percent or less of nitrogen, and

(5)not more than 0.15 percent, in the aggregate, of copper, nickel and chromium. Grade 1080 tire bead quality rod is defined as:

(i)Grade 1080 tire bead quality wire rod measuring 5.5 mm or more but not more than 7.0 mm in cross-sectional diameter;

(ii)with an average partial decarburization of no more than 70 microns in depth (maximum individual 200 microns);

(iii)having no non-deformable inclusions greater than 20 microns and no deformable inclusions greater than 35 microns;

(iv)having a carbon segregation per heat average of 3.0 or better using European Method NFA 04-114;

(v)having a surface quality with no surface defects of a length greater than 0.2 mm;

(vi)capable of being drawn to a diameter of 0.78 mm or larger with 0.5 or fewer breaks per ton; and

(vii)containing by weight the following elements in the proportions shown:

(1)0.78 percent or more of carbon,

(2)less than 0.01 percent of soluble aluminum,

(3)0.040 percent or less, in the aggregate, of phosphorus and sulfur,

(4)0.008 percent or less of nitrogen, and

(5)either not more than 0.15 percent, in the aggregate, of copper, nickel and chromium (if chromium is not specified), or not more than 0.10 percent in the aggregate of copper and nickel and a chromium content of 0.24 to 0.30 percent (if chromium is specified). For purposes of the grade 1080 tire cord quality wire rod and the grade 1080 tire bead quality wire rod, an inclusion will be considered to be deformable if its ratio of length (measured along the axis--that is, the direction of rolling--of the rod) over thickness (measured on the same inclusion in a direction perpendicular to the axis of the rod) is equal to or greater than three. The size of an inclusion for purposes of the 20 microns and 35 microns limitations is the measurement of the largest dimension observed on a longitudinal section measured in a direction perpendicular to the axis of the rod. The designation of the products as “tire cord quality” or “tire bead quality” indicates the acceptability of the product for use in the production of tire cord, tire bead, or wire for use in other rubber reinforcement applications such as hose wire. These quality designations are presumed to indicate that these products are being used in tire cord, tire bead, and other rubber reinforcement applications, and such merchandise intended for the tire cord, tire bead, or other rubber reinforcement applications is not included in the scope. However, should petitioners or other interested parties provide a reasonable basis to believe or suspect that there exists a pattern of importation of such products for other than those applications, end-use certification for the importation of such products may be required. Under such circumstances, only the importers of record would normally be required to certify the end use of the imported merchandise. All products meeting the physical description of subject merchandise that are not specifically excluded are included in this scope. The products subject to this order are currently classifiable under subheadings 7213.91.3011, 7213.91.3015, 7213.91.3092, 7213.91.4500, 7213.91.6000, 7213.99.0030, 7213.99.0090, 7227.20.0000, 7227.90.6010, and 7227.90.6080 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the Issues and Decision Memorandum from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, dated May 5, 2008 (Decision Memorandum), which is hereby adopted by this notice. A list of the issues that parties have raised and to which we have responded, all of which are in the Decision Memorandum (and, for the level of trade issue, in a separate proprietary document referenced in the Decision Memorandum), is attached to this notice as an appendix. Parties can find a discussion of all issues raised in this review and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit in room 1117 in the main Department building. In addition, a complete version of the Decision Memorandum can be accessed directly via the Internet at *http://ia.ita.doc.gov/frn* . The paper copy and electronic version of the Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of the comments received, we have corrected the programming language so that the arm's-length test runs properly. This change is discussed in the relevant section of the Decision Memorandum, and in “Analysis Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Carbon and Certain Alloy Steel Wire Rod from Canada (A-122-840): Ivaco.” Final Results of Review We determine the following weighted-average percentage margin exists for the period October 1, 2005, through September 30, 2006: Manufacturer/Exporter Weighted Average Margin Ivaco 2.98 percent Assessment The Department will determine, and U.S. Customs and Border Protection

(CBP)shall assess, antidumping duties on all appropriate entries, pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.212(b). The Department calculated an assessment rate for each importer of the subject merchandise covered by the review. Upon issuance of the final results of this review, for any importer-specific assessment rates calculated in the final results that are above *de minimis* ( *i.e.* , at or above 0.50 percent), we will issue assessment instructions directly to CBP to assess antidumping duties on appropriate entries by applying the assessment rate to the entered value of the merchandise. Pursuant to 19 CFR 356.8(a), the Department intends to issue assessment instructions to CBP 41 days after the date of publication of these final results of review. The Department clarified its “automatic assessment” regulation on May 6, 2003. *See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties* , 68 FR 23954 (May 6, 2003). This clarification will apply to entries of subject merchandise during the period of review produced by Ivaco for which Ivaco did not know the merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the 8.11 percent all-others rate if there is no company-specific rate for an intermediary involved in the transaction. *See id* . Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of these final results for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results of administrative review, consistent with section 751(a)(1) of the Act:

(1)the cash deposit rate for the reviewed company will be the rate listed above;

(2)if the exporter is not a firm covered in this review, but was covered in a previous review or the original less than fair value

(LTFV)investigation, the cash deposit rate will continue to be the company-specific rate published for the most recent period;

(3)if the exporter is not a firm covered in this review, a prior review, or the original LTFV investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and

(4)the cash deposit rate for all other manufacturers or exporters will continue to be 8.11 percent, the all-others rate established in the LTFV investigation. *See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Carbon and Certain Alloy Steel Wire Rod from Canada* , 67 FR 65944 (October 29, 2002). These deposit requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. Notification to Interested Parties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of doubled antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders

(APOs)of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: May 5, 2008. David M. Spooner, Assistant Secretary for Import Administration. Appendix - Issues and Decision Memorandum *Comment 1:* Adjustment to Pension Liabilities *Comment 2:* Adjustment to General & Administrative Expenses *Comment 3:* Arm's-Length Program Product Characteristic Variable Names *Comment 4:* Level of Trade *Comment 5:* Offsetting for U.S. Sales that Exceed Normal Value [FR Doc. E8-10514 Filed 5-9-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (C-570-938) Notice of Initiation of Countervailing Duty Investigation: Citric Acid and Certain Citrate Salts from the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: May 12, 2008 FOR FURTHER INFORMATION CONTACT: David Neubacher, Scott Holland, and Shelly Atkinson, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-5823,

(202)482-1279, and

(202)482-0116, respectively. SUPPLEMENTARY INFORMATION: The Petition On April 14, 2008, the Department of Commerce (the “Department”) received a petition filed in proper form by Archer Daniels Midland Company, Cargill, Inc., and Tate and Lyle Americas, Inc. (the “petitioners”), domestic producers of citric acid and certain citrate salts (“citric acid”). On April 22, 2008, the Department received a supplement to the petition alleging several additional subsidy programs. In response to the Department's requests, the petitioners provided timely information supplementing the petition on April 24, 2008 and April 28, 2008. In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (“the Act”), the petitioners allege that manufacturers, producers, or exporters of citric acid in the People's Republic of China ( the “PRC”), receive countervailable subsidies within the meaning of section 701 of the Act and that such imports are materially injuring, or threatening material injury to, an industry in the United States. The Department finds that the petitioners filed the petition on behalf of the domestic industry because they are interested parties as defined in section 771(9)(C) of the Act and the petitioners have demonstrated sufficient industry support with respect to the countervailing duty investigation ( *see* “Determination of Industry Support for the Petition” section below). Period of Investigation The period of investigation is January 1, 2007, through December 31, 2007. Scope of the Investigation The scope of this investigation includes all grades and granulation sizes of citric acid, sodium citrate, and potassium citrate in their unblended forms, whether dry or in solution, and regardless of packaging type. The scope also includes blends of citric acid, sodium citrate, and potassium citrate; as well as blends with other ingredients, such as sugar, where the unblended form(s) of citric acid, sodium citrate, and potassium citrate constitute 40 percent or more, by weight, of the blend. The scope of this investigation also includes all forms of unrefined calcium citrate, including dicalcium citrate monohydrate, and tricalcium citrate tetrahydrate, which are intermediate products in the production of citric acid, sodium citrate, and potassium citrate. The scope of this investigation includes the hydrous and anhydrous forms of citric acid, the dihydrate and anhydrous forms of sodium citrate, otherwise known as citric acid sodium salt, and the monohydrate and monopotassium forms of potassium citrate. Sodium citrate also includes both trisodium citrate and monosodium citrate, which are also known as citric acid trisodium salt and citric acid monosodium salt, respectively. Citric acid and sodium citrate are classifiable under 2918.14.0000 and 2918.15.1000 of the Harmonized Tariff Schedule of the United States (“HTSUS”), respectively. Potassium citrate and calcium citrate are classifiable under 2918.15.5000 of the HTSUS. Blends that include citric acid, sodium citrate, and potassium citrate are classifiable under 3824.90.9290 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Comments on Scope of Investigation During our review of the petition, we discussed the scope with the petitioners to ensure that it is an accurate reflection of the products for which the domestic industry is seeking relief. Moreover, as discussed in the preamble to the regulations ( *Antidumping Duties; Countervailing Duties; Final Rule* , 62 FR 27296, 27323 (May 19, 1997)), we are setting aside a period for interested parties to raise issues regarding product coverage. The Department encourages all interested parties to submit such comments within 20 calendar days of the publication of this notice. Comments should be addressed to Import Administration's Central Records Unit (“CRU”), Room 1117, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. The period of scope consultations is intended to provide the Department with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations. Consultations Pursuant to section 702(b)(4)(A)(ii) of the Act, the Department invited representatives of the Government of the PRC for consultations with respect to the countervailing duty petition. The Department held these consultations in Beijing, China, with representatives of the Government of the PRC on April 28, 2008. *See* the Memorandum to The File, entitled, “Consultations with Officials from the Government of the People's Republic of China” (April 28, 2008) on file in the CRU of the Department of Commerce, Room 1117. Determination of Industry Support for the Petitions Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for:

(i)at least 25 percent of the total production of the domestic like product; and

(ii)more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall:

(i)poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A), or

(ii)determine industry support using a statistically valid sampling method. Section 771(4)(A) of the Act defines the “industry” as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (“ITC”), which is responsible for determining whether “the domestic industry” has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product (section 771(10) of the Act), they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law. *See USEC, Inc. v. United States* , 132 F. Supp. 2d 1, 8 (CIT 2001), citing *Algoma Steel Corp. Ltd. v. United States* , 688 F. Supp. 639, 644 (CIT 1988), *aff'd* 865 F.2d 240 (Fed. Cir. 1989), *cert. denied* 492 U.S. 919 (1989). Section 771(10) of the Act defines the domestic like product as “a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this subtitle.” Thus, the reference point from which the domestic like product analysis begins is “the article subject to an investigation,” ( *i.e.* , the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioners do not offer a definition of domestic like product distinct from the scope of the investigation. Based on our analysis of the information submitted on the record, we have determined that citric acid and certain citrate salts (unrefined calcium citrate, sodium citrate, and potassium citrate) constitute a single domestic like product and we have analyzed industry support in terms of that domestic like product. For a discussion of the domestic like product analysis in this case, *see* the *Countervailing Duty Investigation Initiation Checklist: Citric Acid and Certain Citrate Salts from the People's Republic of China (PRC)* , Industry Support at Attachment II ( *PRC Initiation Checklist* ) on file in the Central Records Unit (CRU), Room 1117 of the main Department of Commerce building. Our review of the data provided in the petition, supplemental submissions, and other information readily available to the Department indicates that the petitioners have established industry support. First, the petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, the Department is not required to take further action in order to evaluate industry support ( *e.g.* , polling). *See* Section 702(c)(4)(D) of the Act. Second, the domestic producers have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the petition account for at least 25 percent of the total production of the domestic like product. Finally, the domestic producers have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Accordingly, the Department determines that the petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. See PRC Initiation Checklist at Attachment II (Industry Support). The Department finds that the petitioners filed the petition on behalf of the domestic industry because they are interested parties as defined in section 771(9)(C) of the Act and they have demonstrated sufficient industry support with respect to the countervailing duty investigation that they are requesting the Department initiate. *See PRC Initiation Checklist* at Attachment II (Industry Support). Injury Test Because the PRC, is a “Subsidies Agreement Country” within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from the PRC materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioners allege that imports of citric acid and certain citrate salts from the PRC are benefitting from countervailable subsidies and that such imports are causing or threatening to cause, material injury to the domestic industry producing citric acid and certain citrate salts. The petitioners contend that the industry's injured condition is illustrated by the reduced market share, reduced production and capacity utilization, reduced employment, underselling and price depressing and suppressing effects, lost revenue and sales, a decline in financial performance, and an increase in import penetration. The Department has assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and the Department determines that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation. * See PRC Initiation Checklist * at Attachment III. We are including in our investigation the following programs alleged in the petition to have provided countervailable subsidies to producers and exporters of the subject merchandise in the PRC: *Preferential Lending* 1. Government Policy Lending Program 2. Funds provided for the rationalization of the citric acid industry 3. Discounted loans for export-oriented industries 4. Loans provided pursuant to the Northeast Revitalization Program *Grant Programs* 5. State Key Technology Renovation Program Fund 6. National level grants to loss-making state-owned enterprises 7. “Famous Brands” Program *Income Tax Programs* 8. “Two Free, Three Half” program 9. Reduced income tax rates for foreign-investment enterprises based on location 10. Income tax exemption program for export-oriented foreign-investment enterprises 11. Tax benefits to foreign-investment enterprises for certain reinvestment of profits 12. Reduced income tax rate for high or new technology enterprises 13. Reduced income tax rate for technology or knowledge intensive foreign-investment enterprises 14. Preferential income tax rate for research and development at foreign-investment enterprises 15. Preferential tax programs for encouraged industries 16. Preferential tax policies for township enterprises 17. Income tax credits on purchases of domestically produced equipment *Indirect Tax Programs and Import Tariff Program* 18. Value added tax rebate for purchases by foreign-investment enterprises of domestically produced equipment 19. Value added tax and duty exemptions on imported equipment 20. Excessive value added tax rebates on exports *Provincial/Local Subsidy Programs* 21. Provincial level grants to loss-making state-owned enterprises 22. Local income tax exemption and reduction program for “productive” foreign-investment enterprises Anhui Province: 23. Reduced income tax rates for encouraged industries in Anhui Province 24. Provision of land for less than adequate remuneration in Anhui Province Guangdong Province: 25. Funds for “outward expansion” of industries in Guangdong Province Jiangsu Province: 26. Income tax exemption for foreign-investment enterprises located in Jiangsu Province 27. Preferential tax programs for enterprises located in the Su Qian Economic Development Zone 28. Provision of land for less than adequate remuneration in the Su Qian Economic Development Zone 29. Provision of electricity for less than adequate remuneration in the Su Qian Economic Development Zone Liaoning Province: 30. Loans and interest subsidies pursuant to the Liaoning Province's five-year framework Shandong Province: 31. Local and income tax exemptions and reductions for firms located in Qilu Chemicals Industry Park Shanxi Province: 32. Preferential tax program for enterprises located in Shanxi Province 33. Funding for enterprises under the Shanxi Province 10th Five-year Plan Shenzhen City: 34. Export interest subsidy funds for enterprises located in Shenzhen City Zhejiang Province: 35. Export interest subsidy funds for enterprises located in Zhejiang Province 36. Exemptions and reductions in taxes and fees for chemical research and development institutions located in Zhejiang Province 37. Provision of land for less than adequate remuneration for enterprises located in Hangzhou Bay Fine Chemical Park 38. Provision of electricity for less than adequate remuneration for enterprises located in Hangzhou Bay Fine Chemical Park For further information explaining why the Department is investigating these programs, see *China Initiation Checklist.* We are not including in our investigation the following programs alleged to benefit producers and exporters of the subject merchandise in the PRC: Provision of Goods and Services- for Less Than Adequate Remuneration by the GOC 1. Water The petitioners allege that through the program of rationalization, the GOC has promoted differential water rates to favored citric acid producers within the Chinese chemicals industry, despite China's limited water resources and the water-intensive nature of the citric acid industry. Petitioners have not sufficiently alleged the elements necessary for the imposition of a countervailing duty and did not support the allegation with reasonably available information. Consequently, we do not plan to investigate this program. 2. Land The petitioners allege that the GOC provides citric acid producers with land grants and/or reduced land costs. Petitioners have not sufficiently alleged the elements necessary for the imposition of a countervailing duty and did not support the allegation with reasonably available information. Consequently, we do not plan to investigate this program. 3. Electricity and natural gas The petitioners allege that Chinese citric acid producers benefit from government-provided electricity and natural gas at subsidized prices. The GOC controls and sets prices for electricity and natural gas. The petitioners note that the GOC acknowledged in its WTO accession documents that it provides subsidies on energy inputs to “special industry sectors.” The government has also recently identified the citric acid industry as a high polluting industry and non-backward producers as “preferred,” and has committed to ending preferential policies to those companies. Thus, the petitioners allege that the remaining citric acid producers will continue to receive energy subsidies available to certain sectors. Petitioners have not sufficiently alleged the elements necessary for the imposition of a countervailing duty and did not support the allegation with reasonably available information. Consequently, we do not plan to investigate this program. Income Tax Programs 4. Preferential tax program for enterprises in Beijing Municipality Petitioners allege that the Beijing Municipality provides subsidies to develop the fine chemical industry, which includes the citric acid industry. Petitioners have not sufficiently alleged the elements necessary for the imposition of a countervailing duty and did not support the allegation with reasonably available information. Consequently, we do not plan to investigate this program. 5. Preferential tax program for enterprises in Chongqing Municipality In accordance with the West Revitalization Project, the GOC offers encouraged industries in the Chongqing Municipality a preferred tax rate of 15%. Petitioners allege further that fine chemical companies located in the Chongqing Chemical Industrial Park are eligible for additional benefits. Petitioners have not sufficiently alleged the elements necessary for the imposition of a countervailing duty and did not support the allegation with reasonably available information. Consequently, we do not plan to investigate this program. 6. Preferential tax program for enterprises in Shandong Province Petitioners allege that municipal governments encourages the development of the chemical industry by granting tax reductions and exemptions for companies located in chemical parks such as Qilu Chemical Industry Park. Petitioners have not sufficiently alleged the elements necessary for the imposition of a countervailing duty and did not support the allegation with reasonably available information. Consequently, we do not plan to investigate this program. Application of the Countervailing Duty Law to the PRC The Department has treated the PRC as a non-market economy (“NME”) country in all past AD investigations and administrative reviews. In accordance with section 771(18)(C)(i) of the Act, any determination that a country is an NME country shall remain in effect until revoked by the administering authority. *See, e.g., Tapered Roller Bearings and Parts Thereof, Finished and 10 Unfinished, (“TRBs”) From the People's Republic of China: Preliminary Results of 2001-2002 Administrative Review and Partial Rescission of Review* , 68 FR 7500, 7500-1 (February 14, 2003), unchanged in *TRBs from the People's Republic of China: Final Results of 2001-2002 Administrative Review* , 68 FR 70488, 70488-89 (December 18, 2003). In the final affirmative CVD determination on coated free sheet paper from the PRC, the Department determined that the current nature of the PRC economy does not create obstacles to applying the necessary criteria in the CVD law. *See Coated Free Sheet Paper from the People's Republic of China: Final Affirmative Countervailing Duty Determination* , 72 FR 60645 (October 25, 2007), and the accompanying Issues and Decision Memorandum at Comment 1. Therefore, because Petitioners have provided sufficient allegations and support of their allegations to meet the statutory criteria for initiating a CVD investigation of citric acid from the PRC, initiation of a CVD investigation is warranted in this case. For further information, see *CVD Initiation Checklist* . Respondent Selection For this investigation, the Department expects to select respondents based on U.S. Customs and Border Protection data for U.S. imports during the POI. We intend to make our decision regarding respondent selection within 20 days of publication of this **Federal Register** notice. The Department invites comments regarding the CBP data and respondent selection within seven calendar days of publication of this **Federal Register** notice. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act, a copy of the public version of the petition has been provided to the Government of the PRC. As soon as and to the extent practicable, we will attempt to provide a copy of the public version of the petition to each exporter named in the petition, consistent with 19 CFR 351.203(c)(2). ITC Notification We have notified the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 25 days after the date on which it receives notice of the initiation, whether there is a reasonable indication that imports of subsidized citric acid from the PRC are causing material injury, or threatening to cause material injury, to a U.S. industry. See section 703(a)(2) of the Act. A negative ITC determination will result in the investigation being terminated; otherwise, the investigation will proceed according to statutory and regulatory time limits. This notice is issued and published pursuant to section 777(i) of the Act. Dated: May 5, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-10516 Filed 5-9-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XH73 Gulf of Mexico Fishery Management Council; Public Hearings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public hearing. SUMMARY: The Gulf of Mexico Fishery Management Council (Council) will convene a public hearing on Aquaculture Amendment. DATES: The hearing will convene at 6 p.m. on Wednesday, May 28, 2008 and conclude no later than 9 p.m. ADDRESSES: This hearing will be held at the Radisson Hotel, 3820 N. Roosevelt Blvd. Key West, FL 33040. *Council address* : Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Wayne Swingle, Executive Director; telephone:

(813)348-1630. SUPPLEMENTARY INFORMATION: The Gulf of Mexico Fishery Management Council (Council) is preparing an amendment which will require persons to obtain a permit from NMFS to participate in aquaculture by constructing an aquaculture facility in the EEZ of the Gulf of Mexico. Each application for a permit must comply with many permit conditions related to record keeping and operation of the facility. These permit conditions will assure the facility has a minimal affect on the environment and on other fishery resources. Compliance with the conditions will be evaluated annually for the duration of the permit as the basis for renewal of the permit for the next year. Copies of the Amendment a can be obtained by calling the Council office at

(813)348-1630. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this hearing. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Tina Trezza at the Council (see ADDRESSES ) at least 5 working days prior to the hearing. Dated: May 6, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-10383 Filed 5-9-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XH77 New England Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The New England Fishery Management Council's (Council) Groundfish Advisory Panel will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). DATES: The meeting will be held on Tuesday, May 27, 2008, at 9:30 a.m. ADDRESSES: The meeting will be held at the Holiday Inn, One Newbury Street, Peabody, MA 01960; telephone:

(978)535-4600. *Council address* : New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone:

(978)465-0492. SUPPLEMENTARY INFORMATION: The items of discussion in the committee's agenda are as follows: The Groundfish Advisory Panel will review draft Amendment 16 management measures and will develop recommendations for the consideration of the Groundfish Oversight Committee and the Council. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Paul J. Howard (see ADDRESSES ) at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 *et seq.* Dated: May 6, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-10384 Filed 5-9-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XH79 North Pacific Fishery Management Council; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. SUMMARY: The North Pacific Fishery Management Council (Council) and its advisory committees will hold public meetings, June 4-10, 2008, in Kodiak, AK. DATES: The Council will begin its plenary session at 8 a.m. on Wednesday, June 4 continuing through Tuesday June 10, 2008. The Council's Advisory Panel

(AP)will begin at 8 a.m., Monday, June 2 and continue through Saturday June 7. The Scientific and Statistical Committee

(SSC)will begin at 8 a.m. on Monday, June 2 and continue through Wednesday June 4, 2008. The Enforcement Committee will meet Tuesday, June 3, from 1 p.m. to 5 p.m. in the Harbor Room. All meetings are open to the public, except executive sessions. ADDRESSES: The meetings will be held at the Best Western Kodiak Inn, 236 Rezanof Drive, Kodiak, AK. *Council address* : North Pacific Fishery Management Council, 605 W. 4th Avenue, Suite 306, Anchorage, AK 99501-2252. FOR FURTHER INFORMATION CONTACT: David Witherell, Council staff, telephone:

(907)271-2809. SUPPLEMENTARY INFORMATION: *Council Plenary Session* : The agenda for the Council's plenary session will include the following issues. The Council may take appropriate action on any of the issues identified. 1. Reports -Executive Director's Report -NMFS Management Report (including permit fee discussion paper) -Alaska Department of Fish & Game Report -U.S. Coast Guard Report -U.S. Fish & Wildlife Service Report -NMFS Enforcement Report -Protected Species Report (including update on the BiOp schedule) 2. Subsistence Halibut: Initial review/final action on subsistence halibut rural definition. 3. Salmon Bycatch: Initial review of BSAI

(BSAI)Salmon Bycatch Environmental Impact Statement. 4. BSAI Crab Issues: Initial review/final action on fees for crab loan program; Receive report from Crab Committee; (relative to the Western Aleutian Islands Golden King Crab underutilization, community Right Of First Refusal (ROFR), crew participation, and emergency relief) and take action as necessary. 5. Gulf of Alaska Groundfish

(GOA)Issues: Initial review of fixed gear recency; Initial review of the Pacific cod sector split. 6. Vessel Monitoring System

(VMS)exemption for dinglebar: Final action on VMS exemption for dinglebar gear. 7. Research Priorities: Review and adopt a 5 year research plan. 8. 4E Seabirds: Final action on 4e seabird avoidance measures. 9. Ecosystem Based Management: Receive report from Ecosystem Committee; preliminary review of Arctic FMP. (Council only). 10. GOA Sideboards: Initial review GOA sideboards for BSAI crab vessels; Initial review GOA sideboards regarding GOA rockfish; Initial review GOA sideboards for American Fisheries Act Catcher Vessels. 11. Miscellaneous Groundfish Management: Committee report on other species management; Discussion paper on GOA crab and salmon bycatch (Council only); Receive report on gear modification research; Review discussion paper on Amendment 80 sector cooperative criteria; Report on halibut excluder Experimental Fishing Permit (EFP). 12. GOA Rockfish Pilot Program: Receive report which reviews the Rockfish Pilot Program; Receive report on Central GOA Rockfish EFP, phase one. 13. BSAI Crab Overfishing Level (OFLs): Receive Plan Team report on BSAI crab OFLs; Review preliminary Crab Stock Assessment Evaluation report. 14. Staff Tasking: Review Committees and tasking; review Programmatic Supplemental Environmental Impact Statement priorities workplan; Receive report on native/community/stakeholder participation. 15. Other Business. The SSC agenda will include the following issues: 1. Halibut Subsistence 2. Salmon Bycatch 3. Research Priorities 4. GOA Sideboards 5. GOA Rockfish Pilot 6. BSAI Crab OFLs 7. GOA Groundfish The Advisory Panel will address most of the same agenda issues as the Council, except for #1 reports. The Agenda is subject to change, and the latest version will be posted at *http://www.fakr.noaa.gov/npfmc/* . Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Gail Bendixen at

(907)271-2809 at least 7 working days prior to the meeting date. Dated: May 6, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-10385 Filed 5-9-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XH81 Pacific Fishery Management Council; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. SUMMARY: The Pacific Fishery Management Council's (Council) Economic and Groundfish Subcommittees (Subcommittees) of the Scientific and Statistical Committee will hold a joint working meeting, which is open to the public. DATES: The Subcommittees will meet Wednesday, May 28, 2008, from 8 a.m. until business for the day is completed, and reconvene on Thursday, May 29 at 8 a.m. and adjourn that day upon completion of business. ADDRESSES: The Subcommittees' meeting will be held at the Embassy Suites Portland Airport, Cedar I and II Room, 7900 NE 82nd Avenue, Portland, OR 97220; telephone:

(503)460-3000. *Council address* : Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384. FOR FURTHER INFORMATION CONTACT: Mr. Jim Seger, Staff Officer; telephone:

(503)820-2280. SUPPLEMENTARY INFORMATION: The purpose of the Subcommittees' meeting is to review the analysis developed in support of Council consideration of a preliminary preferred trawl rationalization alternative. Although non-emergency issues not contained in the meeting agenda may come before the Subcommittees for discussion, those issues may not be the subject of action during this meeting. The Subcommittees' action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Subcommittee's intent to take final action to address the emergency. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Ms. Carolyn Porter at

(503)820-2280 at least 5 days prior to the meeting date. Dated: May 6, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-10387 Filed 5-9-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XH80 Western Pacific Regional Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. SUMMARY: The Western Pacific Regional Fishery Management Council's (Council) will convene public meetings. DATES: The meetings will be held from Tuesday, May 27, 2008, through Thursday May 29, 2008. See SUPPLEMENTARY INFORMATION for specific times, dates, and agenda items. ADDRESSES: The public meetings will be held at Waiakea High School, 155 W. Kawili Street, Hilo, HI; at the Hawaii Big Game Fishing Club at the Honokohau Harbor in Kona, HI; and at Pacific Ocean Producers, Pier 38, 1133 North Nimitz Highway, Honolulu, HI; telephone:

(808)522-8220. FOR FURTHER INFORMATION CONTACT: Kitty M. Simonds, Executive Director; telephone:

(808)522-8220. SUPPLEMENTARY INFORMATION: Dates and Times and Locations The public meetings will be held between 6 p.m. and 9 p.m. on Tuesday, May 27, 2008, at Waiakea High School in Hilo, HI; Wednesday, May 28, 2008, at the Hawaii Big Game Fishing Club in Kona, HI; and on Thursday, May 29, 2008, at Pacific Ocean Producers in Honolulu, HI. Agenda 1. Introduction 2. Description of Management Alternatives under Consideration for the Offshore Handline Pelagics Fishery 3. Discussion and Questions 4. Public Comment The Western Pacific Council voted at its 139th meeting in October 2007 directed staff to draft an amendment to its Pelagic Fisheries Management Plan

(PFMP)to consider a limited entry program for the Hawaii offshore commercial pelagic fishery employing handlines and related hook and line gear (e.g. shortlines, vertical longline) off or around seamounts, NOAA weather buoys, and private fish aggregating devices (PFADs). Council concern about the offshore handline fishery dates back to the early 1990s, due to the high catch of juvenile bigeye tuna from this fishery, and its rapid expansion where catches reached in excess of 1 million pounds in 1995. In response, the Council established a control date of July 22, 1992, for the Cross Seamount and NOAA weather buoy offshore handline fishery and informed the public that participants entering the fishery after this data might not be assured of continued participation. More recently, the Council established a general control date of June 2, 2005 for all Hawaii non-longline commercial pelagic fisheries in response to the overfishing condition of Pacific bigeye tuna. The offshore handline fishery has declined since 1995, with landings averaging 450,000 lbs annually. However, the Council continues to be concerned about this fishery due to the potential for fishery expansion if the economy in Hawaii goes into a recession, or reduced bigeye quotas for U.S. longline vessels are implemented based on conservation measures from Pacific tuna regional fishery management organizations (RFMOs) of which the U.S. is a member. Recent studies conducted on handline fisheries suggest a link between fishery participation and unemployment in Hawaii, while bigeye tuna continues to be in an overfishing condition in the Pacific and cuts of up to 25% of longline bigeye catch quotas are being considered by Pacific tuna RFMOs. In establishing a limited entry program, the Magnuson-Stevens Fishery Conservation and Management Act requires Councils to consider, among other things, present and historical fishery participation, fishery economics, and cultural and social issues relevant to the fishery and fishing communities. These meetings will be an opportunity for fishery participants and the public to comment on the proposed limited entry program for the offshore handline fishery and on the issues listed above or other relevant considerations. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds,

(808)522-8220 (voice) or

(808)522-8226 (fax), at least 5 days prior to the meeting date. Authority: 16 U.S.C.1801 *et seq.* Dated: May 6, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-10386 Filed 5-9-08; 8:45 am] BILLING CODE 3510-22-S COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY PREVENTION [OJP (OJJDP) Docket No. 1482] Meeting of the Coordinating Council on Juvenile Justice and Delinquency Prevention AGENCY: Coordinating Council on Juvenile Justice and Delinquency Prevention. ACTION: Notice of meeting. SUMMARY: The Coordinating Council on Juvenile Justice and Delinquency Prevention (Council) is announcing its June 6, 2008 meeting. DATES: Friday, June 6, 2008, 9 a.m. to 12:30 p.m. ADDRESS: The meeting will take place at the Office of Juvenile Justice and Delinquency Prevention (OJJDP), 3rd Floor Conference Room, 810 Seventh Street, NW. FOR FURTHER INFORMATION: Visit the Web site for the Coordinating Council at *http://www.juvenilecouncil.gov* or contact Robin Delany-Shabazz, Designated Federal Official, by telephone at 202-307-9963 [Note: this is not a toll-free telephone number], or by e-mail at *Robin.Delany-Shabazz@usdoj.gov.* SUPPLEMENTARY INFORMATION: The Coordinating Council on Juvenile Justice and Delinquency Prevention, established pursuant to Section 3(2)A of the Federal Advisory Committee Act (5 U.S.C. App. 2) will meet to carry out its advisory functions under Section 206 of the Juvenile Justice and Delinquency Prevention Act of 2002, 42 U.S.C. 5601, et seq. Documents such as meeting announcements, agendas, minutes, and reports will be available on the Council's Web page, *http://www.JuvenileCouncil.gov.,* where you may also obtain information on the meeting. Although designated agency representatives may attend, the Council membership is composed of the Attorney General (Chair), the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of Education, the Secretary of Housing and Urban Development, the Administrator of the Office of Juvenile Justice and Delinquency Prevention (Vice Chair), the Director of the Office of National Drug Control Policy, the Chief Executive Officer of the Corporation for National and Community Service, and the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement. Up to nine additional members are appointed by the Speaker of the House of Representatives, the Senate Majority Leader, and the President of the United States. Meeting Agenda The agenda for this meeting will include:

(a)A presentation on and discussion of research findings from the Girls' Study Group project;

(b)updates on Council Partnership Projects; and

(c)applicable legislative and program updates; announcements and other business. The meeting is open to the public. Registration For security purposes, members of the public who wish to attend the meeting must pre-register online at *http://www.juvenilecouncil.gov/meetings.html* no later than May 30, 2008. Should problems arise with Web registration, call Daryel Dunston at 240-221-4343 or send a request to register for the June 6, 2008 Council meeting to Mr. Dunston. Include name, title, organization or other affiliation, full address and phone, fax and email information and send to his attention either by fax at: 301-945-4295 or by e-mail to *ddunston@edjassociates.com.* [Note: these are not toll-free telephone numbers.] Additional identification documents may be required. Space is limited. Note: Photo identification will be required for admission to the meeting. Written Comments Interested parties may submit written comments by Friday, May 30, 2008, to Robin Delany-Shabazz, Designated Federal Official for the Coordinating Council on Juvenile Justice and Delinquency Prevention, at *Robin.Delany-Shabazz@usdoj.gov.* The Coordinating Council on Juvenile Justice and Delinquency Prevention expects that the public statements presented will not repeat previously submitted statements. Written questions and comments from the public may be invited at this meeting. Dated: May 7, 2008. J. Robert Flores, Administrator [FR Doc. E8-10504 Filed 5-9-08; 8:45 am] BILLING CODE 4410-18-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before June 11, 2008. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, Washington, DC 20503. Commenters are encouraged to submit responses electronically by e-mail to *oira_submission@omb.eop.gov* or via fax to

(202)395-6974. Commenters should include the following subject line in their response “Comment: [insert OMB number], [insert abbreviated collection name, e.g., “Upward Bound Evaluation”]. Persons submitting comments electronically should not submit paper copies. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget

(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:

(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;

(2)Title;

(3)Summary of the collection;

(4)Description of the need for, and proposed use of, the information;

(5)Respondents and frequency of collection; and

(SILS)and Centers for Independent Living

(CIL)programs. These are known as the 704 Report Part I and the 704 Report Part II, respectively. These reports are required by sections 704(m)(4)(D), 706(d), 721(b)(3) and 725(c) of the Rehabilitation Act of 1973, as amended (the Act) and the corresponding regulations in 34 CFR parts 364, 365, and 366. Approval of grantees' annual performance reports (704 Report) is a prerequisite for RSA's approval of the annual SILS grant awards (part B funds) and CILs continuation grant awards (part C funds). Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3626. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov* . Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E8-10492 Filed 5-9-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before June 11, 2008. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, Washington, DC 20503. Commenters are encouraged to submit responses electronically by e-mail to *oira_submission@omb.eop.gov* or via fax to

(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;

(2)Title;

(3)Summary of the collection;

(4)Description of the need for, and proposed use of, the information;

(5)Respondents and frequency of collection; and

(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: May 6, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Office of Special Education and Rehabilitative Services *Type of Review:* Revision. *Title:* Report of Vending Facility Program. *Frequency:* Annually. *Affected Public:* State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 52. *Burden Hours:* 702. *Abstract:* This information collection is used to satisfy the statutory and regulatory requirements for the periodic evaluation of the vending facility program on federal and other property throughout the U.S. The data collected provides information regarding the program's fulfillment of its purposes including income generated through the program, funds expended in support of program activities, the establishment of vending facilities on federal property, and training to persons who are blind in the operation of vending facilities. The respondents are state agencies designated by the Secretary of Education to administer the program in the states and territories. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3579. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov* . Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E8-10493 Filed 5-9-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before June 11, 2008. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, Washington, DC 20503. Commenters are encouraged to submit responses electronically by e-mail to *oira_submission@omb.eop.gov* or via fax to

(202)395-6974. Commenters should include the following subject line in their response: “Comment: [insert OMB number], [insert abbreviated collection name, e.g., “Upward Bound Evaluation”]. Persons submitting comments electronically should not submit paper copies. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget

(1)Type of review requested, e.g., new, revision, extension, existing or reinstatement;

(2)Title;

(3)Summary of the collection;

(4)Description of the need for, and proposed use of, the information;

(5)Respondents and frequency of collection; and

(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: May 7, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* Extension. *Title:* Evaluation of the Impact of Teacher Induction Programs. *Frequency:* On Occasion; Annually. *Affected Public:* Individuals or household. *Reporting and Recordkeeping Hour Burden:* *Responses:* 8,555. *Burden Hours:* 3,066. *Abstract:* The purpose of the Evaluation of the Impact of Teacher Induction Programs is to evaluate the impact of comprehensive teacher induction programs on teacher retention, classroom practices, and student achievement. The evaluation employs a random assignment design to compare the outcomes of the teachers who are provided with a comprehensive induction program with the outcomes of teachers who receive their district's normal induction program. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 3635. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E8-10494 Filed 5-9-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before June 11, 2008. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, Washington, DC 20503. Commenters are encouraged to submit responses electronically by e-mail to *oira_submission@omb.eop.gov* or via fax to

(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;

(2)Title;

(3)Summary of the collection;

(4)Description of the need for, and proposed use of, the information;

(5)Respondents and frequency of collection; and

(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: May 7, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* Revision. *Title:* High School Longitudinal Study of 2009 (HSLS:09). *Frequency:* One time. *Affected Public:* Individuals or household. *Reporting and Recordkeeping Hour Burden:* *Responses:* 5,009. *Burden Hours:* 2,032. *Abstract:* This is a request for clearance for the field test and full scale High School Longitudinal Study of 2009 (HSLS:09). The HSLS:09 is the most recent installment in the series of NCES' nationally representative longitudinal studies of high school students. The HSLS:09 will assess students in math and science during the fall of their 9th grade year and again in the spring of most participating students' 11th grade year. The study will also survey students, their parents, teachers, guidance counselors, and school administrators twice during the secondary school years and follow students into their postsecondary years. The study will focus on how students navigate the transition between high school and the postsecondary world; what courses, majors (or first job), and careers students decide to pursue, when, why, and how. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3636. When you access the information collection, click on “Download Attachments “ to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E8-10495 Filed 5-9-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before June 11, 2008. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, Washington, DC 20503. Commenters are encouraged to submit responses electronically by e-mail to *oira_submission@omb.eop.gov* or via fax to

(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;

(2)Title;

(3)Summary of the collection;

(4)Description of the need for, and proposed use of, the information;

(5)Respondents and frequency of collection; and

(PRS)database. The information contained in this database is updated on a biennial basis by receiving this form from active peer reviewers used by OSERS. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3628. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E8-10496 Filed 5-9-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Postsecondary Education; Overview Information; Asian American and Native American Pacific Islander-Serving Institutions (AANAPISI) and Native American-Serving Nontribal Institutions (NASNTI) Programs; Notice Inviting Applications for New Awards for Fiscal Year

(FY)2008 *Catalog of Federal Domestic Assistance

(CFDA)Numbers:* 84.382B and 84.382C. DATES: *Applications Available:* May 12, 2008. *Deadline for Transmittal of Applications:* June 26, 2008. *Deadline for Intergovernmental Review:* August 25, 2008. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The AANAPISI and the NASNTI programs provide grants to eligible institutions of higher education to enable them to improve their academic quality, increase their self sufficiency and strengthen their capacity to serve students. To meet the definition of an AANAPISI, an institution must have an enrollment of undergraduate students that is at least 10 percent Asian American and Native American Pacific Islander. To meet the definition of an NASNTI, an institution must have an enrollment of undergraduate students that is at least 10 percent Native American at the time of application. Program Authority: Section 499A and Title III of the Higher Education Act of 1965, as amended (HEA), 20 U.S.C. 1099e. *Applicable Regulations:*

(a)The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 82, 84, 85, 86, 97, 98, and 99.

(b)34 CFR 607.5.

(c)Applicants are encouraged to carefully read the authorizing statute. Note: The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes. II. Award Information *Type of Award:* Discretionary grants. *Estimated Available Funds:* $5,000,000. *Estimated Average Size of Awards:* See following chart. *Maximum Award:* See following chart. *Estimated Number of Awards:* See following chart. Program name and type of award Maximum award amount Estimated number of awards Estimated average award amount Asian American and Native American Pacific Islander-Serving Institutions (AANAPISI): 2-year development grants $1,250,0000 4 $1,250,000 Native American-Serving Nontribal Institutions (NASNTI): 2-year development grants 1,250,000 4 1,250,000 Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 24 months. III. Eligibility Information 1. *Eligible Applicants:* An institution of higher education is eligible to receive funds if such institution is a AANAPISI or a NASNTI. 2. *Cost Sharing or Matching:* These programs do not require cost sharing or matching. IV. Application and Submission Information 1. *Address to Request Application Package:* Darlene B. Collins, U.S. Department of Education, 1990 K Street, NW., 6th Floor, Washington, DC 20006-8513. Telephone:

(202)502-7576 or by e-mail: *darlene.collins@ed.gov* . If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service

(FRS)at 1-800-877-8339. Individuals with disabilities can obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the program contact person listed in this section. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application packages for these programs. *Page Limits:* We have established mandatory page limits for the applications to be submitted under this notice. You must limit your application to the equivalent of no more than 50 pages for an individual development grant under the AANAPISI and the NASNTI programs, using the following standards: • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides. Page numbers and an identifier may be within the 1″ margins. • Double space (no more than three lines per vertical inch) all text in the application narrative, *except* single space titles, headings, footnotes, quotations, references, captions and all text in charts, tables, and graphs. • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch). However, you may use a 10 point font in charts, tables, figures, and graphs. • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial. An application submitted in any other font (including Times Roman and Arial Narrow) will be rejected. The page limit does not apply to Part I, the Application for Federal Assistance Face Sheet (SF 424); the Supplemental Information for SF 424 Form required by the Department of Education; Part II, the Budget Information Summary Form (ED Form 524); and Part IV, the Assurances and Certifications. The page limit also does not apply to a Table of Contents and the Program Abstract. If you include any attachments or appendices, these items will be counted as part of the Program Narrative (Part III of the application) for purposes of the page limit requirement. You must include your complete response to the selection criteria in the program narrative. The page limit applies to all of the application narrative section [Part III]. We will reject your application if you exceed the page limit. 3. *Submission Dates and Times:* *Applications Available:* May 12, 2008. *Deadline for Transmittal of Applications:* June 26, 2008. Applications for grants under these programs must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice. *Deadline for Intergovernmental Review:* August 25, 2008. 4. *Intergovernmental Review:* These programs are subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for these programs. 5. *Funding Restrictions:* We reference the regulations outlining funding restrictions in the *Applicable Regulations* section in this notice. *Applicability of Executive Order 13202.* Applicants that apply for construction funds must comply with Executive Order 13202 signed by President George W. Bush on February 17, 2001, and amended on April 6, 2001. This Executive Order provides that recipients of Federal construction funds may not “require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or other construction project(s)” or “otherwise discriminate against bidders, offerors, contractors, or subcontractors for becoming or refusing to become or remain signatories or otherwise adhere to agreements with one or more labor organizations, on the same or other construction project(s).” However, the Executive Order does not prohibit contractors or subcontractors from voluntarily entering into these agreements. Projects funded under these programs that include construction activity will be provided a copy of this Executive Order and will be asked to certify that they will adhere to it. 6. *Other Submission Requirements:* Applications for grants under the AANAPISI and the NASNTI Programs must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section. a. *Electronic Submission of Applications.* Applications for grants under the AANAPISI and the NANSTI programs, authorized by Section 499A of the HEA must be submitted electronically using the Governmentwide Grants.gov Apply site at *http://www.Grants.gov.* Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement *and* submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under *Exception to Electronic Submission Requirement.* You may access the electronic grant application for the AANAPISI and the NASNTI programs at *http://www.Grants.gov.* You must search for the downloadable application package for this program competition by the CFDA Number. Do not include the CFDA Number's alpha suffix in your search (e.g., search for 84.382, not 84.382B or 84.382C). Please note the following: • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted, and must be date and time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for these programs to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.* • To submit your application via Grants.gov, you must complete all steps in the Grants.gov registration process (see *http://www.grants.gov/applicants/get_registered.jsp* ). These steps include

(1)Registering your organization, a multi-part process that includes registration with the Central Contractor Registry (CCR);

(2)registering yourself as an Authorized Organization Representative (AOR); and

(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf* ). You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to submit successfully an application via Grants.gov. In addition, you will need to update your CCR registration on an annual basis. This may take three or more business days to complete. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format. • You must submit all documents electronically, including all information you typically provide on the following forms: Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. Please note that two of these forms—the SF 424 and the Department of Education Supplemental Information for SF 424—have replaced the ED 424 (Application for Federal Education Assistance). • You must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified in this paragraph or submit a password-protected file, we will not review that material. • Your electronic application must comply with any page-limit requirements described in this notice. • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by e-mail. This second notification indicates that the Department has received your application and has assigned your application a PR/Award Number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System:* If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it. If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in Section VII in this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. *Exception to Electronic Submission Requirement:* You qualify for an exception to the electronic submission requirement and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because— • You do not have access to the Internet; or • You do not have the capacity to upload large documents to the Grants.gov system; *and* • No later than two weeks before the application deadline date (14 calendar days; or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevent you from using the Internet to submit your application. If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date. Address and mail or fax your statement to: Darlene Collins, U.S. Department of Education, 1990 K Street, NW., 6th floor, Washington, DC 20006-8513. FAX:

(202)502-7861. Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice. b. *Submission of Paper Applications by Mail. * If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, *Attention:* (CFDA Number: 84.382B or 84.382C), 400 Maryland Avenue, SW., Washington, DC 20202-4260; or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center, Stop 4260, *Attention:* (CFDA Number: 84.382B or 84.382C), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:

(1)A legibly dated U.S. Postal Service postmark.

(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

(3)A dated shipping label, invoice, or receipt from a commercial carrier.

(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

(1)A private metered postmark.

(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery. * If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, *Attention:* (CFDA Number: 84.382B or 84.382C), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays. *Note for Mail or Hand Delivery of Paper Applications:* If you mail or hand deliver your application to the Department—

(1)You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF-424 the CFDA Number, including suffix letter, if any, of the competition under which you are submitting your application; and

(2)The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at

(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for these programs are in the Education Department General Administrative Regulations (EDGAR), 34 CFR 75.210. Applicants must address each of the following selection criteria (separately for each proposed activity). The total weight of the selection criteria is 100 points; the weight of each criterion is noted in parentheses. I. *Need for project.* (Maximum 20 points) In determining the need for the proposed project, the Secretary considers: A. The magnitude of the need for the services to be provided or the activities to be carried out by the proposed project. (10 points) B. The extent to which the proposed project will focus on serving or otherwise addressing the needs of disadvantaged individuals. (5 points) C. The extent to which specific gaps or weaknesses in services, infrastructure, or opportunities have been identified and will be addressed by the proposed project, including the nature and magnitude of those gaps or weaknesses. (5 points) II. *Quality of the project design.* (Maximum 15 points) In determining the quality of the design of the proposed project, the Secretary considers: A. The extent to which the goals, objectives, and outcomes to be achieved by the proposed project are clearly specified and measurable. (10 points) B. The extent to which the design of the proposed project is appropriate to, and will successfully address, the needs of the target population or other identified needs. (5 points) III. *Quality of project services.* (Maximum 15 points) In determining the quality of the services to be provided by the proposed project, the Secretary considers the quality and sufficiency of strategies for ensuring equal access and treatment for eligible project participants who are members of groups that have traditionally been underrepresented based on race, color, national origin, gender, age, or disability. In addition, the Secretary considers: A. The extent to which the services to be provided by the proposed project are appropriate to the needs of the intended recipients or beneficiaries of those services. (10 points) B. The extent to which the services to be provided by the proposed project reflect up-to-date knowledge from research and effective practice. (5 points) IV. *Quality of project personnel.* (Maximum 10 points) In determining the quality of project personnel, the Secretary considers the extent to which the applicant encourages applications for employment from persons who are members of groups that have traditionally been underrepresented based on race, color, national origin, gender, age, or disability. In addition, the Secretary considers: A. The qualifications, including relevant training and experience, of the project director or principal investigator. (5 points) B. The qualifications, including relevant training and experience, of key project personnel. (5 points) V. *Adequacy of resources.* (Maximum 5 points) In determining the adequacy of resources for the proposed project, the Secretary considers: A. The extent to which the budget is adequate to support the proposed project. (3 points) B. The extent to which the costs are reasonable in relation to the objectives, design, and potential significance of the proposed project. (2 points) VI. *Quality of the management plan.* (Maximum 20 points) In determining the quality of the management plan for the proposed project, the Secretary considers: A. The adequacy of the management plan to achieve the objectives of the proposed project on time and within budget, including clearly defined responsibilities, timelines, and milestones for accomplishing project tasks. (10 points) B. The adequacy of procedures for ensuring feedback and continuous improvement in the operation of the proposed project. (5 points) C. The adequacy of mechanisms for ensuring high-quality products and services from the proposed project. (5 points) VII. *Quality of the project evaluation.* (Maximum 15 points) In determining the quality of the evaluation, the Secretary considers: A. The extent to which the methods of evaluation are thorough, feasible, and appropriate to the goals, objectives, and outcomes of the proposed project. (5 points) B. The extent to which the methods of evaluation include the use of objective performance measures that are clearly related to the intended outcomes of the project and will produce quantitative and qualitative data to the extent possible. (5 points) C. The extent to which the methods of evaluation will provide performance feedback and permit periodic assessment of progress toward achieving intended outcomes. (5 points) 2. *Review and Selection Process:* For two-year individual development grants, awards will be made in rank order according to the average score received from a panel of three readers. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may also notify you informally. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section in this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section in this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as specified by the Secretary in 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to *http://www.ed.gov/fund/grant/apply/appforms/appforms.html.* 4. *Performance Measures:* The Secretary has established the following key performance measures for assessing the effectiveness of these programs:

(a)The percentage change, over the two-year grant period, of the number of full-time degree-seeking undergraduate students enrolled at AANAPISI and NASNTI.

(b)The percentage of first-time, full-time degree-seeking undergraduate students who were in their first year of postsecondary enrollment in the previous year and are enrolled in the current year at the same AANAPISI and NASNTI institution.

(c)The percentage of first-time, full-time degree-seeking undergraduate students enrolled at four-year AANAPISI and NASNTI who graduate within six years of enrollment.

(d)The percentage of first-time, full-time degree-seeking undergraduate students enrolled at two-year AANAPISI and NASNTI who graduate within three years of enrollment. VII. Agency Contact FOR FURTHER INFORMATION CONTACT: Darlene Collins, U.S. Department of Education, 1990 K Street, NW., 6th Floor, Washington, DC 20006-8513. Telephone:

(202)502-7576 or by e-mail: *darlene.collins@ed.gov.* If you use a TDD, call the FRS, toll free, at 1-800-877-8339. VIII. Other Information *Alternative Format:* Individuals with disabilities can obtain this document and a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT in Section VII in this notice. *Electronic Access to This Document:* You can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format

(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at

(RCEP)AGENCY: Office of Special Education and Rehabilitative Services, Department of Education. SUMMARY: The Secretary proposes to waive the requirements in 34 CFR 75.250 and 75.261(a) and (c)(2) of the Education Department General Administrative Regulations (EDGAR), respectively, that generally prohibit project periods exceeding five years and project period extensions involving the obligation of additional Federal funds. These waivers would enable seven current RCEP grantees to provide continuing education to employees of vocational rehabilitation

(VR)agencies and their partners and to continue to receive some additional Federal funding from July 1, 2008 until September 30, 2008. DATES: We must receive your comments on or before May 27, 2008. ADDRESSES: Address all comments about these proposed waivers to Christine Marschall, U.S. Department of Education, 400 Maryland Ave, SW., room 5053, Potomac Center Plaza, Washington, DC 20202-2800. If you prefer to send your comments through the Internet, use the following address: *Christine.Marschall@ed.gov. * You must include the term “RCEP Waivers” in the subject line of your electronic message. FOR FURTHER INFORMATION CONTACT: Christine Marschall. Telephone:

(202)245-7429 or via Internet: *Christine.Marschall@ed.gov. * If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service

(FRS)at 1-800-877-8339. Individuals with disabilities can obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT . SUPPLEMENTARY INFORMATION: Invitation To Comment We invite you to submit comments regarding this notice of proposed waivers. During and after the comment period, you may inspect all public comments about this notice of proposed waivers in room 5053, Potomac Center Plaza, 550 12th Street, SW., Washington, DC, between the hours of 8:30 a.m. and 4 p.m., Eastern time, Monday through Friday of each week except Federal holidays. Assistance to Individuals With Disabilities in Reviewing the Rulemaking Record On request, we will supply an appropriate aid, such as a reader or print magnifier, to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for this proposed priority. If you want to schedule an appointment for this type of aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT . Supplementary Information The RCEPs provide continuing education to employees of State VR agencies and their partners, as well as other rehabilitation services agencies. The Rehabilitation Services Administration

(RSA)in the Department's Office of Special Education and Rehabilitative Services is in the process of redesigning the RCEPs to create and support 10 regional Technical Assistance and Continuing Education

(TACE)centers. (For more information on the proposed TACE centers, see the notice of proposed priority that the Department published in the **Federal Register** on January 29, 2008 (73 FR 5179).) The Department intends to make awards for the TACE centers so that grant activities can begin by October 1, 2008. The waivers proposed in this notice are intended to ensure that services provided by the current RCEP grantees are provided to the extent possible through October 1, 2008, the anticipated date that the TACE centers will commence their project activities. The project periods for the following current RCEP grantees end on June 30, 2008:

(1)State University of New York at Buffalo,

(2)George Washington University,

(3)the University of Arkansas,

(4)the University of Missouri-Columbia,

(5)the University of Northern Colorado,

(6)San Diego State University, and

(7)Western Washington University. Because it would be contrary to the public interest to have a lapse in continuing education activities before grants for RSA's new TACE projects are awarded and implemented, the Secretary proposes to provide some additional funding to the seven RCEP grantees referenced in this paragraph to allow them to continue operating until September 30, 2008. In order to do so, the Secretary proposes to waive the requirements in 34 CFR 75.250 and 75.261(a) and (c)(2), which generally prohibit project periods exceeding five years and extensions of project periods that involve the obligation of additional Federal funds. Note: RSA does not plan to continue funding any other RCEPs with the exception of three RCEP grantees currently in the fourth year of their grant (Assumption College, the University of Tennessee, and Georgia State University) with budget periods ending on June 30, 2008. For these three RCEP grantees, the Secretary plans to extend their current budget period and provide some additional funding to support continuing education activities until September 30, 2008. We will announce the final waivers, if any, in a notice in the **Federal Register** . We will determine the final waivers after considering responses to this notice and other information available to the Department. Proposed Waivers—Rehabilitation Continuing Education Program The Secretary proposes, as necessary, to waive the requirements in 34 CFR 75.250 and 75.261(a) and (c)(2), which prohibit project periods exceeding five years and extensions of project periods that involve the obligation of additional Federal funds, for current RCEP grantees in the fifth year of their grants. Under these waivers, the seven RCEP grantees that have grants ending on June 30, 2008 would be eligible for additional funding, as available, to allow them to continue their activities through September 30, 2008. Regulatory Flexibility Act Certification The Secretary certifies that the proposed waivers would not have a significant economic impact on a substantial number of small entities. Paperwork Reduction Act of 1995 This extension and notice of waivers would not contain any information collection requirements. *Intergovernmental Review:* This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. One of the objectives of the Executive Order is to foster an intergovernmental partnership and a strengthened federalism. The Executive order relies on processes developed by State and local governments for coordination and review of proposed Federal financial assistance. This document provides early notification of our specific plans and actions for this program. Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the **Federal Register** , in text or Adobe Portable Document Format

(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister/index.html.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at

(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* (Catalog of Federal Domestic Assistance Number 84.264A, Rehabilitation Continuing Education Program) Program Authority: 29 U.S.C. 772. Dated: May 7, 2008. William R. Knudsen, Deputy Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E8-10518 Filed 5-9-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13125-000] MARMC Enterprises, LLC; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests May 5, 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-13125-000. c. *Date Filed:* March 3, 2008. d. *Applicant:* MARMC Enterprises, LLC. e. *Name of the Project:* Belair Project. f. *Location:* The project would be located on the Mississippi River in Plaquemines Parish, Louisiana. The project uses no dam or impoundment. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicants Contact:* Ms. Nicoline Marinovich, 722 Oak Lane, Thibodaux, LA 70301,

(986)705-2940. 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:* 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-13125-000) 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)Up to 40 proposed 336.8-kilowatt Underwater Electric Kite generating units having a total installed capacity of 16-megawatts,

(2)a proposed transmission line, and

(4)appurtenant facilities. The project would have an average annual generation of 137.3-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. E8-10458 Filed 5-9-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 May 6, 2008. Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: *Docket Numbers:* RP96-312-182. *Applicants:* Tennessee Gas Pipeline Company. *Description:* Tennessee Gas Pipeline Company submits negotiated rate gas transportation arrangements between Tennessee and Connecticut Natural Gas Corp. and The Southern Connecticut Gas Co., respectively, pursuant to Tennessee's Rate Schedule FT-A. *Filed Date:* 04/29/2008. *Accession Number:* 20080430-0157. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP97-81-047. *Applicants:* Kinder Morgan Interstate Gas Trans. LLC. *Description:* Kinder Morgan Interstate Gas Transmission LLC submits Twenty-First Revised Sheet 4G.01 *et al.* to FERC Gas Tariff, Fourth Revised Volume 1-A, requesting an effective date May 2, 2008. *Filed Date:* 05/01/2008. *Accession Number:* 20080502-0193. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 13, 2008. *Docket Numbers:* RP99-176-161. *Applicants:* Natural Gas Pipeline Company of America. *Description:* Natural Gas Pipeline Company of America LLC submits Seventh Revised Sheet 26P.03 *et al.* as part of its FERC Gas Tariff, Sixth Revised Volume 1, to be effective May 1, 2008. *Filed Date:* 05/01/2008. *Accession Number:* 20080502-0195. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 13, 2008. *Docket Numbers:* RP99-176-162. *Applicants:* Natural Gas Pipeline Company of America. *Description:* Northern Gas Pipeline Company of America LLC submits Original Sheet 26J.04 *et al.* to its FERC Gas Tariff, Sixth Revised Volume 1, to be effective 5/1/08. *Filed Date:* 05/01/2008. *Accession Number:* 20080502-0197. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 13, 2008. *Docket Numbers:* RP06-569-005, RP07-376-002, RP01-245-027. *Applicants:* Transcontinental Gas Pipe Line Corp. *Description:* Transcontinental Gas Pipeline Corporation submits First Revised Forty-Eighth Revised Sheet 27 *et al.* to its FERC Gas Tariff, Third Revised Volume 1. *Filed Date:* 05/01/2008. *Accession Number:* 20080502-0202. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 13, 2008. *Docket Numbers:* RP08-262-001. *Applicants:* Northern Natural Gas Company. *Description:* Northern Natural Gas Company submits Eighth Revised Sheet 226 *et al.* to its FERC Gas Tariff, Fifth Revised Volume 1, to be effective on June 1, 2008. *Filed Date:* 05/01/2008. *Accession Number:* 20080502-0196. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 13, 2008. *Docket Numbers:* RP08-272-001. *Applicants:* Transcontinental Gas Pipe Line Corp. *Description:* Transcontinental Gas Pipe Line Corporation submits Sub First Revised Forty-Fourth Revised Sheet 28C *et al.* to its FERC Gas Tariff, Third Revised Volume 1, effective 11/1/07 *et al.* *Filed Date:* 05/01/2008. *Accession Number:* 20080502-0194. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 13, 2008. *Docket Numbers:* RP08-356-000. *Applicants:* Texas Gas Transmission, LLC. *Description:* Texas Gas Transmission, LLC submits First Revised Sheet 210 to its FERC Gas Tariff, Second Revised Volume 1, to be effective June 1, 2008. *Filed Date:* 05/01/2008. *Accession Number:* 20080502-0184. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 13, 2008. *Docket Numbers:* RP08-357-000. *Applicants:* ANR Pipeline Company. *Description:* ANR Pipeline Company submits report of Operational Purchases and Sales of Gas for the twelve-month period beginning January 1, 2007, and ending on December 31, 2007. *Filed Date:* 05/01/2008. *Accession Number:* 20080502-0185. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 13, 2008. *Docket Numbers:* RP08-358-000. *Applicants:* CenterPoint Energy Gas Transmission Co. *Description:* CenterPoint Energy Gas Transmission submits the tariff sheets listed on Appendix A, to be included as part of its FERC Gas Tariff, Sixth Revised Volume 1. *Filed Date:* 05/01/2008. *Accession Number:* 20080502-0186. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 13, 2008. *Docket Numbers:* RP08-359-000. *Applicants:* Gulfstream Natural Gas System, LLC. *Description:* Gulfstream Natural Gas System, LLC submits Eighth Revised Sheet 7 of its FERC Gas, Original Volume 1 to be effective on June 1, 2008. *Filed Date:* 05/01/2008. *Accession Number:* 20080502-0188. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 13, 2008. *Docket Numbers:* RP08-360-000. *Applicants:* Northern Natural Gas Company. *Description:* Northern Natural Gas Company submits Fourth Revised Sheet 54B *et al.* of its FERC Gas Tariff, Fifth Revised Volume 1 to be effective on June 1, 2008. *Filed Date:* 05/01/2008. *Accession Number:* 20080502-0187. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 13, 2008. *Docket Numbers:* RP08-361-000. *Applicants:* Wyoming Interstate Company, Ltd. *Description:* Wyoming Interstate Company, Ltd submits Second Revised Volume 2 *et al.* , to become effective on July 1, 2008. *Filed Date:* 05/01/2008. *Accession Number:* 20080502-0189. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 13, 2008. *Docket Numbers:* RP08-362-000. *Applicants:* Cheyenne Plains Gas Pipeline Company LLC. *Description:* Cheyenne Plains Gas Pipeline Company submits First Revised Sheet 308 *et al.* to its FERC Gas Tariff Original Volume 1 to become effective on June 1, 2008. *Filed Date:* 05/01/2008. *Accession Number:* 20080502-0190. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 13, 2008. *Docket Numbers:* RP08-363-000. *Applicants:* ANR Pipeline Company. *Description:* ANR Pipeline Company submits the Forty-Ninth Revised Sheet 17 reflecting ANR's proposed change to its Cashout to $1.0625 per dth, effective June 1, 2008. *Filed Date:* 05/01/2008. *Accession Number:* 20080502-0201. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 13, 2008. *Docket Numbers:* RP08-364-000. *Applicants:* Northern Natural Gas Company. *Description:* Northern Natural Gas Company submits the 29th Revised Sheet 54 part of its FERC Gas Tariff, Fifth Revised Volume 1 to effective on 11/1/08. *Filed Date:* 05/01/2008. *Accession Number:* 20080502-0191. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 13, 2008. *Docket Numbers:* RP08-365-000. *Applicants:* Cascade Natural Gas Corporation. Cascade Natural Gas Company. *Description:* Petition for Waiver of FERC's policy regarding the “tying” of interstated pipeline released capacity etc. of Cascade Natural Gas Corporation. *Filed Date:* 04/30/2008. *Accession Number:* 20080502-5087. *Comment Date:* 5 p.m. Eastern Time on Monday, May 12, 2008. *Docket Numbers:* RP08-366-000. *Applicants:* Paiute Pipeline Company. *Description:* Paiute Pipeline Company submits Fifteenth Revised Sheet 161 to FERC Gas Tariff, Second Revised Volume 1-A. *Filed Date:* 05/02/2008. *Accession Number:* 20080505-0113. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 14, 2008. *Docket Numbers:* RP08-367-000. *Applicants:* Gulf South Pipeline Company, LP. *Description:* Gulf South Pipeline Company LP submits Sixth Revised Sheet 1 *et al.* to its FERC Gas Tariff, Sixth Revised Volume 1, to be effective June 1, 2008. *Filed Date:* 05/02/2008. *Accession Number:* 20080505-0114. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 14, 2008. *Docket Numbers:* CP06-34-005, CP06-421-004. *Applicants:* Transcontinental Gas Pipe Line Corporation. *Description:* Transcontinental Gas Pipe Line Corporation submits First Revised Sheet No. 40 and First Revised Sheet 40Q to its FERC Gas Tariff, Third Revised Volume 1, proposed effective dates of 11/1/07 and 12/13/07. *Filed Date:* 05/01/2008. *Accession Number:* 20080505-0227. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 13, 2008. *Docket Numbers:* CP03-302-005, CP04-345-003. *Applicants:* Cheyenne Plains Gas Pipeline. *Description:* Cheyenne Plains Gas Pipeline Company submits the cost and revenue study to comply with requirements of FERC's 12/20/04, Order Granting Clarification and Rehearing, In Part, and Denying Motion. *Filed Date:* 04/29/2008. *Accession Number:* 20080502-0192. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 13, 2008. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov* . To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* or call

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

(202)502-8659. Nathaniel J. Davis, Deputy Secretary. [FR Doc. E8-10485 Filed 5-9-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13090-000; Project No. 13091-000] KC LLC; Pine Creek Mine LLC; Notice of Competing Applications Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests May 5, 2008. Take notice that the following hydroelectric applications have been filed with the Commission and are available for public inspection: a. *Type of Applications:* Preliminary Permit (Competing). b. *Applicants, Project Numbers, and Dates Filed:* KC LLC, filed the application for Project No. 13090-000 on December 20, 2007. Pine Creek Mine LLC, filed the application for Project No. 13091-000 on December 20, 2007. c. Name of the projects is Morgan Creek Project. The projects would be located on Morgan Creek, in Inyo County, California. The proposed projects would be located within the Inyo National Forest on lands under the jurisdiction of the U.S. Forest Service. d. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. e. *Applicants Contacts:* For KC LLC: Ms. Kelly Sackheim, Principal, KC LLC, 5096 Cocoa Palm Way, Fair Oaks, CA 95628,

(916)962-2271. For Pine Creek Mine LLC: Mr. Fred Springer, Hydropower Policy Advisor, Troutman Sanders LLP, 401 Ninth Street, NW., Suite 1000, Washington, DC 20004-2134,

(202)274-2836. f. *FERC Contact:* Henry Woo,

(202)502-8872. g. *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: 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-13090-000, or P-13091-000) 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. h. *Description of Projects:* The project proposed by KC LLC would consist of:

(1)A proposed notched-weir diversion and intake structure,

(2)a proposed 3,500-foot-long penstock,

(3)a proposed powerhouse containing a generating unit having a total installed capacity of 550 kilowatts,

(4)a proposed 60-foot-long 12 kilovolt transmission line, and

(5)appurtenant facilities. The project would have an annual generation of 3.5 gigawatt-hours that would be sold to a local utility. The project proposed by Pine Creek Mine LLC would consist of:

(1)A proposed intake system to be determined,

(2)a proposed 9,000-foot-long penstock,

(3)a proposed powerhouse containing a generating unit having a total installed capacity of 1,200 kilowatts, and

(4)a proposed 400-foot-long 4,160 volt transmission line. The project would have an annual generation of 7,200 megawatt-hours that would be sold to a local utility. i. The filings are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCONLINESUPPORT@FERC.GOV.* For TTY, call

(202)502-8659. A copy is also available for inspection and reproduction at the address in item e above. j. *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. k. *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. l. *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. m. *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. n. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “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. p. *Agency Comments* —Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-10457 Filed 5-9-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-100-000] Texas Eastern Transmission, LP; Notice of Intent To Prepare An Environmental Assessment for the Proposed; Northern Bridge Project and Request for Comments on Environmental Issues May 5, 2008. The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment

(EA)that will discuss the environmental impacts of the Texas Eastern Transmission, LP (Texas Eastern) involving construction and operation of facilities by Texas Eastern Richhill Township, Greene County and Uniontown Township, Fayette County, Pennsylvania. This notice announces the opening of the scoping process we will use to gather input from the public and interested agencies on the project. Your input will help the Commission staff determine which issues need to be evaluated in the EA. Please note that the scoping period will close on June 4, 2008. This notice is being sent to affected landowners; federal, state, and local government representatives and agencies; environmental and public interest groups; Native American tribes; other interested parties in this proceeding; and local libraries and newspapers. We encourage government representatives to notify their constituents of this planned project and encourage them to comment on their areas of concern. If you are a landowner receiving this notice, you may be contacted by a pipeline company representative about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The pipeline company would seek to negotiate a mutually acceptable agreement. However, if the project is approved by the Commission, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, the pipeline company could initiate condemnation proceedings in accordance with state law. A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” was attached to the project notice BBS provided to landowners. This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. It is available for viewing on the FERC Internet Web site ( *http://www.ferc.gov* ). Summary of the Proposed Project The proposed project would involve modifications of the Holbrook Compressor Station (Holbrook CS) and the Uniontown Compressor Stations (Uniontown CS) as described below. Holbrook CS The Holbrook CS is an existing facility located in Rich Hill Township, Greene County, Pennsylvania. The entire compressor station site is 47.0 acres and is surrounded by the Ryerson Station State Park. The station has been in operation since the mid 1950's, and since that time no issues with surrounding landowners have occurred. The proposed Holbrook CS consists of three main components:

(1)The installation of a new Solar Mars 100 13,333 horsepower

(hp)turbine-driven centrifugal compressor package;

(2)the uprate of an existing Solar Mars 100 unit, resulting in a 1,083 hp increase; and

(3)the abandonment of four existing reciprocating gas compressor units, resulting in a 5,400 hp reduction. The new compressor unit will include a new compressor building and all necessary support infrastructure. The project components are detailed below. • New 36-inch suction and 30-inch discharge tie-ins to the existing Texas Eastern pipeline(s) • Install new suction scrubber • Install one new Solar Mars 100 13,333 hp turbine driven centrifugal compressor • Horsepower upgrade of an existing turbine compressor • Install station emergency shutdown

(ESD)system with blow-down • Install one ventilated Compressor Building • Install new electrical equipment building • Install skid Auxiliary Building • Tie-into the existing source control and recovery system • Develop site including site grading, foundations, paving, yard stone, fencing, and access road to the new building • Install 129 volts direct current uninterruptible power supply system • Install Fire and Gas detection system in the Compressor Building • Install facility security system(s) • Install underground pipe cathodic protection system • Abandon four existing GMV-10S reciprocating gas compressor units (5,400 hp reduction) • Isolate aboveground components of the abandoned units • All suction, discharge and fuel gas lines will be isolated Uniontown CS The Uniontown CS is an existing facility located in Fayette County, Pennsylvania. This station includes the uprate of an existing Solar Mars 100 compressor unit, resulting in an increase of 1,650 hp of compression. The uprate at Uniontown will not involve the modification of any facilities at Uniontown or cause any earth disturbance. The location of the project facilities is shown in Appendix 1. 1 1 The appendices referenced in this notice are not being printed in the **Federal Register** . Copies of all appendices, other than Appendix 1 (maps), are available on the Commission's Web site at the “eLibrary” link or from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426, or call

(202)502-8371. For instructions on connecting to eLibrary refer to the last page of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. Nonjurisdictional Facilities There are no non-jurisdictional facilities associated with this project. Land Requirements for Construction Construction of the proposed facilities would require about 4.6 acres of land at the Holbrook CS. Following construction, about 0.3 would be maintained as new aboveground facility sites and pipeline right-of-way. The remaining 4.3 acres of land would be restored and allowed to revert to its former use on the existing compressor station property. The work proposed for the Uniontown CS would not involve any new land disturbance because the modifications would be done within the existing compressor building. The EA Process The National Environmental Policy Act

(NEPA)requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us to discover and address concerns the public may have about proposals. This process is referred to as “scoping.” The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this Notice of Intent, the Commission staff requests public comments on the scope of the issues to address in the EA. All comments received are considered during the preparation of the EA. State and local government representatives are encouraged to notify their constituents of this proposed action and encourage them to comment on their areas of concern. * In the EA we 2 will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings: * 2 “We”, “us”, and “our” refer to the environmental staff of the Office of Energy Projects (OEP). • Geology and soils • Land use • Water resources, fisheries, and wetlands • Cultural resources • Vegetation and wildlife • Air quality and noise • Endangered and threatened species • Hazardous waste • Public safety We will also evaluate possible alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas. Our independent analysis of the issues will be in the EA. Depending on the comments received during the scoping process, the EA may be published and mailed to federal, state, and local agencies, public interest groups, interested individuals, affected landowners, newspapers, libraries, and the Commission's official service list for this proceeding. A comment period will be allotted for review if the EA is published. We will consider all comments on the EA before we make our recommendations to the Commission. To ensure your comments are considered, please carefully follow the instructions in the public participation section below. Currently Identified Environmental Issues We have already identified several issues that we think deserve attention based on a preliminary review of the proposed facilities and the environmental information provided by Texas Eastern This preliminary list of issues may be changed based on your comments and our analysis. • Cultural resources may be affected by the project. • The project may have air emissions and noise impacts. • The Holbrook CS may have changed visual impacts. Public Participation You can make a difference by providing us with your specific comments or concerns about the project. By becoming a commentor, your concerns will be addressed in the EA/EIS and considered by the Commission. You should focus on the potential environmental effects of the proposal, alternatives to the proposal (including alternative locations/routes), and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • *Send an original and two copies of your letter to:* Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426. • Label one copy of the comments for the attention of Gas Branch 2. • Reference Docket No. CP07-451-000. • Mail your comments so that they will be received in Washington, DC on or before June 4, 2008. The Commission encourages electronic filing of comments. See 18 Code of Federal Regulations 385.2001(a)(1)(iii) and the instructions on the Commission's Internet Web site at *http://www.ferc.gov* under the link to “ *Documents and Filings* ” and “eFiling.” eFiling is a file attachment process and requires that you prepare your submission in the same manner as you would if filing on paper, and save it to a file on your hard drive. New eFiling users must first create an account by clicking on “ *Sign up* ” or “ *eRegister.* ” You will be asked to select the type of filing you are making. This filing is considered a “Comment on Filing.” In addition, there is a “ *Quick Comment* ” option available, which is an easy method for interested persons to submit text only comments on a project. The Quick-Comment User Guide can be viewed at *http://www.ferc.gov/docs-filing/efiling/quick-comment-guide.pdf* . Quick Comment does not require a FERC eRegistration account; however, you will be asked to provide a valid e-mail address. All comments submitted under either eFiling or the Quick Comment option are placed in the public record for the specified docket or project number(s). Comments submitted electronically must be submitted by June 4, 2008. Environmental Mailing List An effort is being made to send this notice to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed project. This includes all landowners who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within distances defined in the Commission's regulations of certain aboveground facilities. By this notice we are also asking governmental agencies, especially those in Appendix 2, to express their interest in becoming cooperating agencies for the preparation of the EA. If you do not want to send comments at this time but still want to remain on our mailing list, please return the Information Request (Appendix 3). If you do not return the Information Request, you will be taken off the mailing list. Becoming an Intervenor In addition to involvement in the EA scoping process, you may want to become an official party to the proceeding known as an “intervenor.” Intervenors play a more formal role in the process. Among other things, intervenors have the right to receive copies of case-related Commission documents and filings by other intervenors. Likewise, each intervenor must send one electronic copy (using the Commission's eFiling system) or 14 paper copies of its filings to the Secretary of the Commission and must send a copy of its filings to all other parties on the Commission's service list for this proceeding. If you want to become an intervenor you must file a motion to intervene according to Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.214). Only intervenors have the right to seek rehearing of the Commission's decision. *The Notice of Application for this proposed project issued on April 15, 2008 identified the date for the filing of interventions as April 30, 2008.* However, affected landowners and parties with environmental concerns may be granted late intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your environmental comments considered. Availability of Additional Information Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FercOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact (202)502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. Go to *http://www.ferc.gov/esubscribenow.htm.* Finally, public meetings or site visits will be posted on the Commission's calendar located at *http://www.ferc.gov/EventCalendar/EventsList.aspx* along with other related information. Kimberly D. Bose, Secretary. [FR Doc. E8-10459 Filed 5-9-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12966-001] Lake Powell Hydroelectric System; Notice of Intent To File License Application, Filing of Pre-Application Document, Commencement of Licensing Proceeding, and Scoping; Request for Comments on the Pad and Scoping Document, and Identification of Issues and Associated Study Requests May 5, 2008. a. *Type of Filing:* Notice of Intent to File License Application for an Original License and Commencing Licensing Proceeding. b. *Project No.:* 12966-001. c. *Dated Filed:* March 3, 2008. d. *Submitted By:* Utah Board of Natural Resources. e. *Name of Project:* Lake Powell Hydroelectric System. f. *Location:* On federal, state, and private lands in Kane, Washington and Iron counties, Utah; and in Coconino and Mohave counties, Arizona. g. *Filed Pursuant to:* 18 CFR Part 5 of the Commission's Regulations. h. *Applicant Contact:* Eric Millis, P.E., Utah Division of Water Resources, 1594 W. North Temple, P.O. Box 14620, Salt Lake City, UT 84118-6201, 801-538-7235. i. *FERC Contact:* Jim Fargo at 202-502-6095 or e-mail at * james.fargo@ferc.gov.* j. We are asking federal, state, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing comments described in paragraph o below. Cooperating agencies should note the Commission's policy that agencies that cooperate in the preparation of the environmental document cannot also intervene. * See,* 94 FERC ¶ 61,076 (2001). k. *With this notice, we are initiating informal consultation with:*

(a)the U.S. Fish and Wildlife Service and/or NOAA Fisheries under section 7 of the Endangered Species Act and the joint agency regulations thereunder at 50 CFR, Part 402 and

(b)the State Historic Preservation Officer, as required by Section 106, National Historic Preservation Act, and the implementing regulations of the Advisory Council on Historic Preservation at 36 CFR 800.2. l. With this notice, we are designating the Utah Board of Water Resources as the Commission's non-federal representative for carrying out informal consultation, pursuant to Section 7 of the Endangered Species Act and Section 106 of the National Historic Preservation Act. m. Utah Board of Water Resources filed a Pre-Application Document (PAD; including a proposed process plan and schedule) with the Commission, pursuant to 18 CFR 5.6 of the Commission's regulations. n. A copy of the PAD is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site ( *http://www.ferc.gov* ), using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCONlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY,

(202)502-8659. A copy is also available for inspection and reproduction at the address in paragraph h. Register online at *http://ferc.gov/esubscribenow.htm* to be notified via e-mail of new filing and issuances related to this or other pending projects. For assistance, contact FERC Online Support. o. With this notice, we are soliciting comments on the PAD and Scoping Document 1 (SD1), as well as study requests. All comments on the PAD and SD1, and study requests should be sent to the address above in paragraph h. In addition, all comments on the PAD and SD1, study requests, requests for cooperating agency status, and all communications to and from Commission staff related to the merits of the potential application (original and eight copies) must be filed with the Commission at the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. All filings with the Commission must include on the first page, the project name (Lake Powell Hydroelectric System) and number (P-12966-001), and bear the heading “Comments on Pre-Application Document,” “Study Requests,” “Comments on Scoping Document 1,” “Request for Cooperating Agency Status,” or “Communications to and from Commission Staff.” Any individual or entity interested in submitting study requests, commenting on the PAD or SD1, and any agency requesting cooperating status must do so by July 3, 2008. Comments on the PAD and SD1, study requests, requests for cooperating agency status, and other permissible forms of communications with the Commission may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-filing” link. p. Our intent is to prepare an Environmental Impact Statement

(EIS)for which the planned meetings will satisfy the NEPA scoping requirements. Scoping Meetings Commission staff will hold three scoping meetings in the vicinity of the project at the time and place noted below. We invite all interested individuals, organizations, and agencies to attend one or both of the meetings, and to assist staff in identifying particular study needs, as well as the scope of environmental issues to be addressed in the environmental document. The times and locations of these meetings are as follows: Tuesday, June 10, 2008—5 p.m. to 9 p.m.—Kanab Middle School, 690 Cowboy Way, Kanab, Utah. Wednesday, June 11, 2008—5 p.m. to 9 p.m.—Dixie Center, 1835 Convention Center Drive, St. George, Utah. Thursday, June 12, 2008—5 p.m. to 9 p.m.—Festival Hall Conference Center, 105 North 100 East, Cedar City, Utah. Scoping Document 1 (SD1), which outlines the subject areas to be addressed in the environmental document, was mailed to the individuals and entities on the Commission's mailing list. Copies of SD1 will be available at the scoping meetings, or may be viewed on the Web at *http://www.ferc.gov,* using the “eLibrary” link. Follow the directions for accessing information in paragraph n. Based on all oral and written comments, a Scoping Document 2

(SD2)will be issued. SD2 will include a revised process plan and schedule, as well as a list of issues, identified through the scoping process. Site Visit On June 9 and 10, 2008, Commission staff will visit the site of the proposed Lake Powell Pipeline. We will view the proposed pipeline route and possibly alternative routes that have been considered for the project. Staff will tour these proposed project areas by automobile and on foot. Representatives of the Utah Board of Natural Resources will accompany the Commission staff. Interested parties may attend the site visit. Those planning to attend must provide their own transportation. If you are interested in attending the site visit, or would like more information about the visit, please contact Harold Sersland at

(801)310-0089. Those attending the site visit on Monday, June 9, should meet at 8 a.m. at the Sand Hollow Reservoir State Park entrance pay station (please bring your own food and water for the day). The plan on Monday is tour Sand Hollow Hydro Site 7 and Hurricane Cliffs Hydro Sites 5 and 6, and then follow the proposed pipeline route until south of the Kaibab Indian Reservation, ending at about 5 p.m. Those taking the site visit on Tuesday, June 10, should meet at 8 a.m. at the BLM Interpretive Center in east Kanab on U.S. 89, (again please bring own food and water for the day). The trip will start near the proposed Hydro Site 2 and end at Glen Canyon National Recreation Area at Lake Powell around 2 p.m. Meeting Objectives At the scoping meetings, staff will:

(1)Initiate scoping of the issues;

(2)review and discuss existing conditions and resource management objectives;

(3)review and discuss existing information and identify preliminary information and study needs;

(4)review and discuss the process plan and schedule for pre-filing activity that incorporates the time frames provided for in Part 5 of the Commission's regulations and, to the extent possible, maximizes coordination of federal, state, and tribal permitting and certification processes; and

(5)discuss the appropriateness of any federal or state agency or Indian tribe acting as a cooperating agency for development of an environmental document. Meeting participants should come prepared to discuss their issues and/or concerns. Please review the PAD in preparation for the scoping meetings. Directions on how to obtain a copy of the PAD and SD1 are included in item n. of this document. Meeting Procedures The meetings will have a stenographer available to record participants' issues, which will become part of the formal record of the Commission proceeding on the project. Kimberly D. Bose, Secretary. [FR Doc. E8-10456 Filed 5-9-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PR08-5-002] Consumers Energy Company; Notice of Refund Report May 5, 2008. Take notice that on April 29, 2008, Consumers Energy Company

(CECo)filed a refund report in the above-docketed proceeding. CECo states that it did not place the rates proposed in its November 20, 2007 filing into effect and has not collected any amounts in excess of the Settlement rates. Any person desiring to participate in this rate proceeding must file a motion 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 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

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

(202)502-8659. *Comment Date:* 5 p.m. Eastern Time May 19, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-10455 Filed 5-9-08; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OEI-2008-0225; FRL-8564-5] Agency Information Collection Activities; Proposed Collection; Comment Request; Tribal Capacity: Determining the Capability to Participate in the National Environmental Information Exchange Network; EPA ICR No. 2299.01, OMB Control No. 2025—New AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that EPA is planning to submit a request for a new Information Collection Request

(ICR)to the Office of Management and Budget (OMB). Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before date July 11, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OEI-2008-0225, by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: forrest.terry@epa.gov.* • *Fax:*

(202)566-1624. • *Mail:* Tribal Capacity: Determining the capability to participate in the National Environmental Information Exchange Network Program, Environmental Protection Agency, MC 2823T, 1200 Pennsylvania Ave., NW., Washington, DC 20460; Hand Delivery: EPA Docket Center, EPA West Bldg, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OEI-2008-0225. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* FOR FURTHER INFORMATION CONTACT: Tribal Capacity: Determining the Capability To Participate in the National Environmental Information Exchange Network Program or William Terry Forrest of OEI/OIC/IESD/IEPB at MC 2823-T, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-566-0196; fax number: 202-566-1624; e-mail address: *forrest.terry@epa.gov.* SUPPLEMENTARY INFORMATION: How Can I Access the Docket and/or Submit Comments? EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OEI-2008-0225 Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the Tribal Capacity: Determining the Capability To Participate in the National Environmental Information Exchange Network Program Docket is 202-566-0196. Use *http://www.regulations.gov* to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified in this document. What Information Is EPA Particularly Interested in? Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it to:

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

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

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

(iv)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. What Should I Consider When I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Offer alternative ways to improve the collection activity. 6. Make sure to submit your comments by the deadline identified under DATES . 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. What Information Collection Activity or ICR Does This Apply to? Docket ID No. EPA-HQ-OEI-2008-0225 *Affected entities:* Entities potentially affected by this action are Federally recognized Indian Tribes. *Title:* Tribal Capacity: Determining the Capability To Participate in the National Environmental Information Exchange Network Program. *ICR numbers:* EPA ICR No. 2299.01. OMB Control No. 2025—new. *ICR status:* This ICR is for a new information collection activity. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* The Environmental Information Exchange Network (Exchange Network) is an Internet-based approach for exchanging environmental data among partners (e.g., EPA, states, tribes and territories). Built on the principles of applying data standards; providing secure, real-time access; and electronically collecting and storing accurate information, the Exchange Network enables participants to control and manage their own data while making it available to partners via requests over a secure Internet connection. By facilitating the efficient exchange of environmental information among interested parties at all levels of government, the Exchange Network has begun to transform the way information is shared. While some Indian Tribes have been active partners in the Exchange Network, overall tribal participation is limited. EPA has issued grants that fund infrastructure and other support needed to share data on the network to just over 50 tribes or less than 10 percent of the more than 500 federally recognized tribes. Of these, eight have exchanged data over the network and another five are developing the infrastructure required to do so. To expand tribal participation in the Exchange Network, EPA has been working with the National Congress of American Indians

(NCAI)under a series of cooperative agreements. NCAI is planning to conduct a baseline assessment survey to obtain data to help identify barriers and other factors that are limiting tribal participation in the Network. The survey will focus on gathering information related to collection and dissemination of environmental data; information technology infrastructure, capacity, and needs; and awareness of the Exchange Network. The survey will be distributed to all federally recognized tribes that are members of NCAI. Response to the survey is voluntary. NCAI will use the findings of this survey to design programs to broaden tribal participation. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 30 minutes per response. The ICR provides a detailed explanation of the Agency's estimate, which is only briefly summarized here: *Estimated total number of potential respondents:* 250. *Frequency of response:* Once. *Estimated total average number of responses for each respondent:* One. *Estimated total annual burden hours:* 125 hours. *Estimated total annual costs:* $ -0-. This includes an estimated burden cost of $-0- and an estimated cost of $-0- for capital investment or maintenance and operational costs. What Is the Next Step in the Process for This ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another **Federal Register** notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT . Dated: April 25, 2008. Doreen Sterling, Director, Office of Information Collection, Information Exchange & Services Division. [FR Doc. E8-10505 Filed 5-9-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2007-0063; FRL-8564-4] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Primary Copper Smelters (Renewal), EPA ICR Number 1850.05, OMB Control Number 2060-0476 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), this document announces that an Information Collection Request

(ICR)has been forwarded to the Office of Management and Budget

(OMB)for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost. DATES: Additional comments may be submitted on or before June 11, 2008. ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-OECA-2007-0063, to

(1)EPA online using *http://www.regulations.gov* (our preferred method), or by e-mail to *docket.oeca@epa.gov* , or by mail to: EPA Docket Center (EPA/DC), Environmental Protection Agency, Enforcement and Compliance Docket and Information Center, mail code 2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and

(2)OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment and Media Programs Division, Office of Compliance, Mail Code 2223A, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number:

(202)564-4113; fax number:

(202)564-0050; e-mail address: *williams.learia@epa.gov* . SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On March 9, 2007 (72 *FR* 10735), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under docket ID number EPA-HQ-OECA-2007-0063, which is available for public viewing online at *http://www.regulations.gov* , in person viewing at the Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is

(202)566-1744, and the telephone number for the Enforcement and Compliance Docket is

(202)566-1927. Use EPA's electronic docket and comment system at *http://www.regulations.gov* , to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted either electronically or in paper, will be made available for public viewing at *http://www.regulations.gov* , as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *http://www.regulations.gov* . *Title:* NESHAP for Primary Copper Smelters (Renewal). *ICR Numbers:* EPA ICR Number 1850.05, OMB Control Number 2060-0476. *ICR Status:* The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Primary Copper Smelters were proposed on April 20, 1998 (63 *FR* 19582), and June 26, 2000 (65 *FR* 39326) respectively. These standards apply to any existing, reconstructed, or new primary copper smelters. The affected sources are each copper concentrate dryer, each smelting furnace, slag cleaning vessel, each copper converter department, and the entire group of fugitive emission sources. *Abstract:* Affected owners and operators are required to meet specific monitoring, recordkeeping, and reporting requirements in order to demonstrate initial and continuous compliance with the rule. A primary copper smelter is only subject to the regulation if it is a major source of hazardous air pollutant

(HAP)emitting or has the potential to emit any single HAP at the rate of 10 tons or more per year or any combination of HAP at the rate of 25 tons or more per year. Owners and operators must submit notification reports upon the construction, reconstruction, or modification of any primary copper smelter. Also, required is a one-time-only initial notification for new and reconstructed sources. The respondents are required to submit an annual performance test for each control device, and a semiannual summary report to EPA. Respondents subject to the final rule are required to prepare and maintain on site two site-specific operating plans:

(1)A startup, shutdown, malfunction plan, and

(2)a fugitive dust control plan. Owners or operators of primary copper smelters facilities subject to the rule must maintain a file of these measurements, and retain the file for at least five years following the date of such measurements, maintenance reports, and records. Notifications are to inform the Agency or delegated authority when a source becomes subject to the standard. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operating and the standards are being met. Performance test reports are required as these are the Agency's records of a source's initial capability to comply with the emission standards and to serve as a record of the operating conditions under which compliance is to be achieved. The information generated by monitoring, recordkeeping and reporting requirements described in this ICR is used by the Agency to ensure that facilities affected by the standard continue to operate the control equipment and achieve continuous compliance with the regulation. All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the EPA regional office. This information is being collected to assure compliance with 40 CFR part 63, subpart QQQ, as authorized in sections 112 and 114(a) of the Clean Air Act. The required information consists of emissions data and other information that have been determined to be private. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number. The OMB Control Number for EPA's regulations listed in 40 CFR part 9 and 48 CFR chapter 15, are identified on the form and/or instrument, if applicable. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 196 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose and provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information. All existing ways will have to adjust to comply with any previously applicable instructions and requirements that have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Primary copper smelters. *Estimated Number of Respondents:* 3. *Frequency of Response:* Monthly, semiannually, annually, and initially. *Estimated Total Annual Hour Burden:* 8,837. *Estimated Total Annual Cost:* $575,068, including $8,220 for operation and maintenance (O&M) costs, $566,848 for labor costs, and zero for capital/startup costs. *Changes in the Estimates:* There is no change in the labor hours or cost in this ICR compared to the previous ICR. This is due to two considerations:

(1)The regulations have not changed over the past three years and are not anticipated to change over the next three years; and

(2)the growth rate for the industry is very low, negative or non-existent, so there is no significant change in the overall burden. It should be noted that the previous ICR rounded the burden cost down to the nearest one thousand. In this ICR, the exact cost figure is reported which results in an apparent increase in the cost when, in fact, no increase has occurred. Also, a mathematical error in the labor cost burden was corrected. Since there are no changes in the regulatory requirements and there is no significant industry growth, the labor hours and cost figures in the previous ICR are used in this ICR, and there is no change in burden to industry. Dated: April 30, 2008. Sara Hisel-McCoy, Director, Collection Strategies Division. [FR Doc. E8-10507 Filed 5-9-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8564-7; Docket ID No. EPA-HQ-ORD-2008-0315] Draft Toxicological Review of Beryllium: In Support of the Summary Information in the Integrated Risk Information System

(IRIS)AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Peer-Review Workshop and Public Comment Period. SUMMARY: EPA is announcing that Versar, under a contract with EPA, will convene an independent panel of experts and organize and conduct an external peer-review workshop to review the external review draft document entitled, “Toxicological Review of Beryllium: In Support of Summary Information on the Integrated Risk Information System (IRIS)” (EPA/635/R-08/009A). The EPA is also announcing a public comment period for the draft document. EPA intends to consider comments and recommendations from the public and the expert panel meeting when EPA finalizes the draft document. The public comment period and the external peer-review workshop are separate processes that provide opportunities for all interested parties to comment on the document. EPA intends to forward public comments, submitted in accordance with this notice, to the external peer-review panel prior to the workshop for their consideration. EPA is releasing this draft document solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. Versar invites the public to register to attend this workshop as observers. In addition, Versar invites the public to give brief oral comments at the workshop regarding the draft document under review. The draft document and EPA's peer review charge are available via the Internet on NCEA's home page at *http://www.epa.gov/ncea* and are also accessible from the IRIS home page at *http://www.epa.gov/iris.* When finalizing the draft document, EPA intends to consider any public comments that EPA receives in accordance with this notice. DATES: The peer-review panel workshop will be held on July 16, 2008, at 9:00 a.m. The 60-day public comment period begins on May 12, 2008, and ends July 5, 2008. Technical comments should be in writing and must be received by EPA by July 5, 2008. EPA intends to submit comments from the public received by this date to Versar prior to the workshop for consideration by the panel. ADDRESSES: The peer-review workshop will be held at the Courtyard By Marriott/Crystal City, 2899 Jefferson Davis Highway, Arlington, VA 22202. Versar is organizing, convening, and conducting the peer-review workshop. To attend the workshop, register by July 11, 2008, via the Internet at *http://epa.versar.com/beryllium.* You may also register by calling Versar at 703-750-3000 extension 582, or sending an e-mail to Gina Casciano at *gcasciano@versar.com.* You must register by July 11, 2008, and indicate whether you wish to provide brief oral comments at the workshop. The draft “Toxicological Review of Beryllium: In Support of Summary Information on the Integrated Risk Information System (IRIS)” is available via the Internet on NCEA's home page at *http://www.epa.gov/ncea* and is also accessible from the IRIS home page at *http://www.epa.gov/iris.* A limited number of paper copies is available from NCEA's Information Management Team; telephone: 703-347-8561; facsimile: 703-347-8691. If you are requesting a paper copy, please provide your name, mailing address, and the document title. Comments may be submitted electronically via * http://www.regulations.gov* , by mail, by facsimile, or by hand delivery/courier. Please follow the detailed instructions as provided in the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: For information on the peer-review workshop, contact Gina Casciano at Versar; telephone: 703-750-3000 extension 582 or e-mail: *gcasciano@versar.com.* For information on the public comment period, contact the Office of Environmental Information Docket; telephone: 202-566-1752; facsimile: 202-566-1753; or e-mail: *ORD.Docket@epa.gov.* If you have questions about the document, contact Amanda S. Persad, IRIS Staff, National Center for Environmental Assessment (B-243-01), U.S. EPA, Research Triangle Park, NC 27711; telephone: 919-541-9781; e-mail: *persad.amanda@epa.gov.* SUPPLEMENTARY INFORMATION: I. Summary of Information About the Integrated Risk Information System

(IRIS)IRIS is a database that contains potential adverse human health effects information that may result from chronic (or lifetime) exposure to specific chemical substances found in the environment. The database (available on the Internet at *http://www.epa.gov/iris* ) contains qualitative and quantitative health effects information for more than 540 chemical substances that may be used to support the first two steps (hazard identification and dose-response evaluation) of a risk assessment process. When supported by available data, the database provides oral reference doses

(RfDs)and inhalation reference concentrations

(RfCs)for chronic health effects, and oral slope factors and inhalation unit risks for carcinogenic effects. Combined with specific exposure information, government and private entities can use IRIS data to help characterize public health risks of chemical substances in a site-specific situation and thereby support risk management decisions designed to protect public health. II. Workshop Information Members of the public may attend the workshop as observers, and there will be a limited time for oral comments from the public. Please let Versar know if you wish to make comments during the workshop prior to the meeting by registering on the web site at *http://epa.versar.com/beryllium* and indicating your intent to make oral comments. Space is limited, and reservations will be accepted on a first-come, first-served basis. III. How To Submit Technical Comments to the Docket at http://www.regulations.gov Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2008-0315 by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: ORD.Docket@epa.gov.* • *Fax:* 202-566-1753 • *Mail:* Office of Environmental Information

(OEI)Docket (Mail Code: 2822T), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. The phone number is 202-566-1752. • *Hand Delivery:* The OEI Docket is located in the EPA Headquarters Docket Center, EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is 202-566-1744. Such deliveries are only accepted during the docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. If you provide comments by mail or hand delivery, please submit one unbound original with pages numbered consecutively, and three copies of the comments. For attachments, provide an index, number pages consecutively with the comments, and submit an unbound original and three copies. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-ORD-2008-0315. Please ensure that your comments are submitted within the specified comment period. Comments received after the closing date will be marked “late,” and may only be considered if time permits. It is EPA's policy to include all comments it receives in the public docket without change and to make the comments available online at *http://www.regulations.gov* , including any personal information provided, unless a comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, *e.g.* , CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the OEI Docket in the EPA Headquarters Docket Center. Dated: May 6, 2008. Joseph DeSantis, Acting Deputy Director, National Center for Environmental Assessment. [FR Doc. E8-10510 Filed 5-9-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8564-8] Clean Air Act Advisory Committee (CAAAC): Notice of Meeting AGENCY: Environmental Protection Agency. ACTION: Notice of Meeting. SUMMARY: The Environmental Protection Agency

(EPA)established the Clean Air Act Advisory Committee (CAAAC) on November 19, 1990, to provide independent advice and counsel to EPA on policy issues associated with implementation of the Clean Air Act of 1990. The Committee advises on economic, environmental, technical scientific, and enforcement policy issues. Dates and Addresses: Open meeting notice; Pursuant to 5 U.S.C. App. 2 Section 10(a)(2), notice is hereby given that the Clean Air Act Advisory Committee will hold its next open meeting on Thursday May 29, 2008 from 8:30 a.m. to 4 p.m. at the Doubletree Hotel Crystal City-National Airport at 300 Army Navy Drive, in Arlington, Virginia. Seating will be available on a first come, first served basis. The Economic Incentives and Regulatory Innovations subcommittee will meet on May 28, 2008 from 8:30 a.m. to 12 p.m. The Permits, New Source Review and Toxics subcommittee will meet on May 28, 2008 from approximately 12:45 p.m. to 3:30 p.m. The agenda for the CAAAC full committee meeting on May 29, 2008 will be posted on the Clean Air Act Advisory Committee Web site at *http://www.epa.gov/oar/caaac/.* *Inspection of Committee Documents:* The Committee agenda and any documents prepared for the meeting will be publicly available at the meeting. Thereafter, these documents, together with CAAAC meeting minutes, will be available by contacting the Office of Air and Radiation Docket and requesting information under docket OAR-2004-0075. The Docket office can be reached by telephoning 202-260-7548; FAX 202-260-4400. FOR FURTHER INFORMATION CONTACT: Concerning the CAAAC, please contact Pat Childers, Office of Air and Radiation, U.S. EPA

(202)564-1082, FAX

(202)564-1352 or by mail at U.S. EPA, Office of Air and Radiation (Mail code 6102 A), 1200 Pennsylvania Avenue, NW., Washington, DC 20004. For information on the Subcommittees, please contact the following individuals:

(1)Permits/NSR/Toxics Integration—Liz Naess,

(919)541-1892;

(2)Economic Incentives and Regulatory Innovations—Carey Fitzmaurice,

(202)564-1667; and

(3)Mobile Source Technical Review—John Guy,

(202)343-9276. Additional Information on these meetings, CAAAC, and its Subcommittees can be found on the CAAAC Web site: *http://www.epa.gov/oar/caaac/.* For information on access or services for individuals with disabilities, please contact Mr. Pat Childers at

(202)564-1082 or *childers.pat@epa.gov.* To request accommodation of a disability, please contact Mr. Childers, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request. Dated: May 5, 2008. Pat Childers, Designated Federal Official, Clean Air Act Advisory Committee, Office of Air and Radiation. [FR Doc. E8-10508 Filed 5-9-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8564-6] Notice of Proposed Administrative Settlement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as Amended by the Superfund Amendments and Reauthorization Act AGENCY: Environmental Protection Agency (EPA). ACTION: Notice, request for public comments. SUMMARY: In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended by the Superfund Amendments and Reauthorization Action (“CERCLA”), 42 U.S.C. Section 9622(i), notice is hereby given of an proposed Administrative Order on Consent (“AOC,” Region 9 Docket No. 2008-0005) pursuant to Section 122(h) of CERCLA concerning the Anaconda Copper Mine Superfund Site (the “Site”), located in Yerington, Nevada. The respondent to the AOC is Atlantic Richfield Company, a former owner and operator of the Site. Through the proposed AOC, Atlantic Richfield Company agrees to reimburse $2,770,440 for incurred response costs through May 2007, and to provide a technical assistance program for the community around the Site. The AOC provides Atlantic Richfield Company with a covenant not to sue and contribution protection for matters addressed in the AOC. The Site presently is within the remedial investigation stage, and EPA anticipates resolving its present and future response costs by subsequent agreements. For thirty

(30)days following the date of publication of this Notice, the Agency will receive written comments relating to the proposed AOC. The Agency's response to any comments received will be available for public inspection at EPA's Region IX offices, located at 75 Hawthorne Street, San Francisco, California 94105. DATES: Comments must be submitted on or before June 11, 2008. ADDRESSES: The proposed AOC may be obtained from Danielle Carr, Hearing Clerk, telephone

(415)972-3871. Comments regarding the proposed AOC should be addressed to Danielle Carr (ORC-3) at 75 Hawthorne Street, San Francisco, California 94105, and should reference the PRC Patterson Superfund Removal Site, and Region IX Docket No. 2008-0005. FOR FURTHER INFORMATION CONTACT: J. Andrew Helmlinger, Office of Regional Counsel,

(415)972-3904, U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, CA 94105. Dated: April 28, 2008. Keith A. Takata, Director, Superfund Division. [FR Doc. E8-10509 Filed 5-9-08; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested May 6, 2008. SUMMARY: As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act

(PRA)of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission invites the general public and other Federal agencies to comment on the following information collection(s). 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. An agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB 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 that does not display a valid OMB control number. DATES: Written PRA comments should be submitted on or before July 11, 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: You may submit all PRA comments by e-mail or U.S. post mail. To submit your comments by e-mail, send them to *PRA@fcc.gov.* To submit your comments by U.S. mail, mark them to the attention of Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s), contact Cathy Williams at

(202)418-2918 or send an e-mail to *PRA@fcc.gov.* SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-0980. *Title:* 47 CFR Section 76.66, Implementation of the Satellite Home Viewer Improvement Act of 1999: Local Broadcast Signal Carriage Issues and Retransmission Consent Issues. *Form Number:* Not applicable. *Type of Review:* Revision of a currently approved collection. *Respondents:* Business and other for-profit entities. *Number of Respondents/Responses:* 7,372 respondents; 11,938 responses. *Estimated Hours per Response:* 1 to 5 hours. *Frequency of Response:* On occasion reporting requirement; Third party disclosure requirement; Every three years reporting requirement. *Total Annual Burden:* 12,146 hours. *Total Annual Cost:* $16,000. *Nature of Response:* Required to obtain or retain benefits. Statutory authority for this collection of information is contained in the Satellite Home Viewer Extension and Reauthorization Act of 2004, Public Law No. 108-447, Sections 202, 205, 209, 210, 118 Stat. 2809 (2004); 47 CFR Sections 325, 338, 339, and 340. *Confidentiality:* No need for confidentiality required. *Privacy Impact Assessment(s):* No impact(s). *Needs and Uses:* On March 27, 2008 the Commission released a Second Report and Order, Memorandum Opinion and Order, and Second Further Notice of Proposed Rulemaking Carriage of Digital Television Broadcast Signals: Amendment to Part 76 of the Commission's Rules; Implementation of the Satellite Home Viewer Improvement Act of 1999: Local Broadcast Signal Carriage Issues and Retransmission Consent Issues, FCC 08-86, CS Docket 00-96. We amend the rules to require satellite carriers to carry digital-only stations upon request in markets in which they are providing any local-into-local service pursuant to the statutory copyright license, and to require carriage of all high definition (“HD”) signals in a market in which any station's signals are carried in HD. The latter requirement will be phased-in over a four year period. The final rule imposes the following requirements: 47 CFR 76.66(b)(1) states each satellite carrier providing, under section 122 of title 17, United States Code, secondary transmissions to subscribers located within the local market of a television broadcast station of a primary transmission made by that station, shall carry upon request the signals of all television broadcast stations located within that local market, subject to section 325(b) of title 47, United States Code, and other paragraphs in this section. Satellite carriers are required to carry digital-only stations upon request in markets in which the satellite carrier is providing any local-into-local service pursuant to the statutory copyright license. 47 CFR 76.66(d)(2)(vi) requires satellite carriers to notify all local stations in a market of their intent to launch HD carry-one, carry-all in that market at least 60 days before commencing such carriage. *Non-rule requirement:* Satellite carriers must immediately commence carriage of the digital signal of a television station that ceases analog broadcasting prior to the February 17, 2009 transition deadline provided that the broadcaster notifies the satellite carrier on or before October 1, 2008 of the date on which they anticipate termination of their analog signal. The following information collections requirements are also a part of this information collection and have not changed since last approved by OMB: 47 CFR 76.66(b)(2) requires a satellite carrier that offers multichannel video programming distribution service in the United States to more than 5,000,000 subscribers shall, no later than December 8, 2005, carry upon request the signal originating as an analog signal of each television broadcast station that is located in a local market in Alaska or Hawaii; and shall, no later than June 8, 2007, carry upon request the signals originating as digital signals of each television broadcast station that is located in a local market in Alaska or Hawaii. Such satellite carrier is not required to carry the signal originating as analog after commencing carriage of digital signals on June 8, 2007. Carriage of signals originating as digital signals of each television broadcast station that is located in a local market in Alaska or Hawaii shall include the entire free over-the-air signal, including multicast and high definition digital signals. 47 CFR 76.66(c)(3) requires that a commercial television station notify a satellite carrier in writing whether it elects to be carried pursuant to retransmission consent or mandatory consent in accordance with the established election cycle. 47 CFR 76.66(c)(5) requires that a noncommercial television station must request carriage by notifying a satellite carrier in writing in accordance with the established election cycle. 47 CFR 76.66(c)(6) requires a commercial television broadcast station located in a local market in a noncontiguous state to make its retransmission consent-mandatory carriage election by October 1, 2005, for carriage of its signals that originate as analog signals for carriage commencing on December 8, 2005 and ending on December 31, 2008, and by April 1, 2007 for its signals that originate as digital signals for carriage commencing on June 8, 2007 and ending on December 31, 2008. For analog and digital signal carriage cycles commencing after December 31, 2008, such stations shall follow the election cycle in 47 CFR Section 76.66(c)(2) and 47 CFR Section 76.66(c)(4). A noncommercial television broadcast station located in a local market in Alaska or Hawaii must request carriage by October 1, 2005, for carriage of its signals that originate as an analog signal for carriage commencing on December 8, 2005 and ending on December 31, 2008, and by April 1, 2007 for its signals that originate as digital signals for carriage commencing on June 8, 2007 and ending on December 31, 2008. Moreover, Section 76.66(c) requires a commercial television station located in a local market in a noncontiguous state to provide notification to a satellite carrier whether it elects to be carried pursuant to retransmission consent or mandatory consent. 47 CFR 76.66(d)(1)(ii) states an election request made by a television station must be in writing and sent to the satellite carrier's principal place of business, by certified mail, return receipt requested. 47 CFR 76.66(d)(1)(iii) states a television station's written notification shall include the:

(A)Station's call sign;

(B)Name of the appropriate station contact person;

(C)Station's address for purposes of receiving official correspondence;

(D)Station's community of license;

(E)Station's DMA assignment; and

(F)For commercial television stations, its election of mandatory carriage or retransmission consent. 47 CFR 76.66(d)(1)(iv) states within 30 days of receiving a television station's carriage request, a satellite carrier shall notify in writing:

(A)those local television stations it will not carry, along with the reasons for such a decision; and

(B)those local television stations it intends to carry. 47 CFR 76.66(d)(2)(i) states a new satellite carrier or a satellite carrier providing local service in a market for the first time after July 1, 2001, shall inform each television broadcast station licensee within any local market in which a satellite carrier proposes to commence carriage of signals of stations from that market, not later than 60 days prior to the commencement of such carriage

(A)Of the carrier's intention to launch local-into-local service under this section in a local market, the identity of that local market, and the location of the carrier's proposed local receive facility for that local market;

(B)Of the right of such licensee to elect carriage under this section or grant retransmission consent under section 325(b);

(C)That such licensee has 30 days from the date of the receipt of such notice to make such election; and

(D)That failure to make such election will result in the loss of the right to demand carriage under this section for the remainder of the 3-year cycle of carriage under section 325. 47 CFR 76.66(d)(2)(ii) states satellite carriers shall transmit the notices required by paragraph (d)(2)(i) of this section via certified mail to the address for such television station licensee listed in the consolidated database system maintained by the Commission. 47 CFR 76.66(d)(2)(iii) requires a satellite carrier with more than five million subscribers to provide a notice as required by 47 CFR 76.66(d)(2)(i) and 47 CFR 76.66(d)(2)(ii) to each television broadcast station located in a local market in a noncontiguous state, not later than September 1, 2005 with respect to analog signals and a notice not later than April 1, 2007 with respect to digital signals; provided, however, that the notice shall also describe the carriage requirements pursuant to Section 338(a)(4) of Title 47, United States Code, and 47 CFR 76.66(b)(2). 47 CFR 76.66(d)(2)(v) states within 30 days of receiving a local television station's election of mandatory carriage in a new television market, a satellite carrier shall notify in writing: Those local television stations it will not carry, along with the reasons for such decision, and those local television stations it intends to carry. 47 CFR 76.66(d)(3)(ii) states a new television station shall make its election request, in writing, sent to the satellite carrier's principal place of business by certified mail, return receipt requested, between 60 days prior to commencing broadcasting and 30 days after commencing broadcasting. This written notification shall include the information required by paragraph (d)(1)(iii) of this section. 47 CFR 76.66(d)(3)(iv) states within 30 days of receiving a new television station's election of mandatory carriage, a satellite carrier shall notify the station in writing that it will not carry the station, along with the reasons for such decision, or that it intends to carry the station. 47 CFR 76.66(d)(5)(i) states beginning with the election cycle described in § 76.66(c)(2), the retransmission of significantly viewed signals pursuant to § 76.54 by a satellite carrier that provides local-into-local service is subject to providing the notifications to stations in the market pursuant to paragraphs (d)(5)(i)(A) and

(B)of this section, unless the satellite carrier was retransmitting such signals as of the date these notifications were due.

(A)In any local market in which a satellite carrier provided local-into-local service on December 8, 2004, at least 60 days prior to any date on which a station must make an election under paragraph

(c)of this section, identify each affiliate of the same television network that the carrier reserves the right to retransmit into that station's local market during the next election cycle and the communities into which the satellite carrier reserves the right to make such retransmissions;

(B)In any local market in which a satellite carrier commences local-into-local service after December 8, 2004, at least 60 days prior to the commencement of service in that market, and thereafter at least 60 days prior to any date on which the station must thereafter make an election under § 76.66(c) or (d)(2), identify each affiliate of the same television network that the carrier reserves the right to retransmit into that station's local market during the next election cycle. 47 CFR 76.66(f)(3) states except as provided in 76.66(d)(2), a satellite carrier providing local-into-local service must notify local television stations of the location of the receive facility by June 1, 2001 for the first election cycle and at least 120 days prior to the commencement of all election cycles thereafter. 47 CFR 76.66(f)(4) states a satellite carrier may relocate its local receive facility at the commencement of each election cycle. A satellite carrier is also permitted to relocate its local receive facility during the course of an election cycle, if it bears the signal delivery costs of the television stations affected by such a move. A satellite carrier relocating its local receive facility must provide 60 days notice to all local television stations carried in the affected television market. 47 CFR 76.66(h)(5) states a satellite carrier shall provide notice to its subscribers, and to the affected television station, whenever it adds or deletes a station's signal in a particular local market pursuant to this paragraph. 47 CFR 76.66(m)(1) states whenever a local television broadcast station believes that a satellite carrier has failed to meet its obligations under this section, such station shall notify the carrier, in writing, of the alleged failure and identify its reasons for believing that the satellite carrier failed to comply with such obligations. 47 CFR 76.66(m)(2) states the satellite carrier shall, within 30 days after such written notification, respond in writing to such notification and comply with such obligations or state its reasons for believing that it is in compliance with such obligations. 47 CFR 76.66(m)(3) states a local television broadcast station that disputes a response by a satellite carrier that it is in compliance with such obligations may obtain review of such denial or response by filing a complaint with the Commission, in accordance with § 76.7 of title 47, Code of Federal Regulations. Such complaint shall allege the manner in which such satellite carrier has failed to meet its obligations and the basis for such allegations. 47 CFR 76.66(m)(4) states the satellite carrier against which a complaint is filed is permitted to present data and arguments to establish that there has been no failure to meet its obligations under this section. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-10519 Filed 5-9-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested May 6, 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 (PRA), 44 U.S.C. Sections 3501-3520. An agency may not conduct or sponsor a collection of information unless it displays a current valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid control number. Comments are requested concerning:

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

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

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

(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written PRA comments should be submitted on or before July 11, 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: You may submit all PRA comments by e-mail or U.S. mail. To submit your comments by e-mail, send them to *PRA@fcc.gov.* To submit your comments by U.S. mail, send them to Leslie F. Smith, Federal Communications Commission, Room 1-C216, 445 12th Street, SW., Washington, DC 20554. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-0169. *Title:* Sections 43.51 and 43.53, Reports and Records of Communications Common Carriers and Affiliates. *Form Number(s):* N/A. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit. *Number of Respondents and Responses:* 63 respondents; 366 responses. *Estimated Time per Response:* 85 hours (average). *Obligation to Respond:* Required to obtain or retain benefits. See 47 CFR Sections 43.51, 43.53. *Frequency of Response:* On occasion and annual reporting requirements; Recordkeeping requirement and Third party disclosure requirement. *Total Annual Burden:* 5,366 hours. *Total Annual Cost:* $0.00. *Privacy Act Impact Assessment:* No impacts. *Nature of Extent of Confidentiality:* The Commission is not requesting that the respondents submit confidential information to the FCC. Respondents may, however, request confidential treatment for information they believe to be confidential under 47 CFR 0.459 of the Commission's rules. *Needs and Uses:* 47 CFR 43.51 requires any communication common carrier described in paragraph

(b)of this section to file with the Commission, within thirty

(30)days of execution, a copy of each contract, agreement, concession, license, authorization, operating agreement or other arrangement to which it is a party and any amendments. In addition to other reporting requirements, this rule section also requires an annual reporting requirement, third party disclosure requirement and recordkeeping requirements. 47 CFR 43.53 requires that each communication common carrier engaged directly in the transmission or reception of telegraph communications between the continental United States and any foreign country shall file a report with the Commission within thirty

(30)days of the date of any arrangement concerning the division of the total telegraph charges on such communications other than transiting. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-10521 Filed 5-9-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Sunshine Act Meeting; FCC To Hold Open Commission Meeting; Wednesday, May 14, 2008 May 7, 2008. The Federal Communications Commission will hold an Open Meeting on the subjects listed below on Wednesday, May 14, 2008, which is scheduled to commence at 9:30 a.m. in Room TW-C305, at 445 12th Street, SW., Washington, DC. Item No. Bureau Subject 1 Wireless Telecommunications *Title:* Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended (WT Docket No. 99-87); Promotion of Spectrum Efficient Technologies on Certain Part 90 Frequencies (RM-9332). *Summary:* The Commission will consider a Fourth Memorandum Opinion and Order addressing a petition for reconsideration and a request for clarification of the Third Report and Order. 2 Wireless Telecommunications & Public Safety & Homeland Security *Title:* Service Rules for the 698-746, 747-762 and 777-792 MHz Bands (WT Docket No. 06-150); Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band (PS Docket No. 06-229). *Summary:* The Commission will consider a Second Further Notice of Proposed Rulemaking seeking comment on rules governing the Upper 700 MHz D Block, the public safety broadband spectrum, and the 700 MHz Public/Private Partnership. *The summaries listed in this notice are intended for the use of the public attending open Commission meetings. Information not summarized may also be considered at such meetings. Consequently, these summaries should not be interpreted to limit the Commission's authority to consider any relevant information. Open captioning will be provided for this event. Other reasonable accommodations for people with disabilities are available upon request. Include a description of the accommodation you will need including as much detail as you can. Also include a way we can contact you if we need more information. Make your request as early as possible; please allow at least 5 days advance notice. Last minute requests will be accepted, but may be impossible to fill. Send an e-mail to: *fcc504@fcc.gov* or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY). Additional information concerning this meeting may be obtained from Audrey Spivack or David Fiske, Office of Media Relations,

(202)418-0500; TTY 1-888-835-5322. Audio/Video coverage of the meeting will be broadcast live with open captioning over the Internet from the FCC's Audio/Video Events Web page at *http://www.fcc.gov/realaudio.* For a fee this meeting can be viewed live over George Mason University's Capitol Connection. The Capitol Connection also will carry the meeting live via the Internet. To purchase these services call

(703)993-3100 or go to *http://www.capitolconnection.gmu.edu.* Copies of materials adopted at this meeting can be purchased from the FCC's duplicating contractor, Best Copy and Printing, Inc.,

(202)488-5300; Fax

(202)488-5563; TTY

(202)488-5562. These copies are available in paper format and alternative media, including large print/type; digital disk; and audio and video tape. Best Copy and Printing, Inc. may be reached by e-mail at *FCC@BCPIWEB.com.* Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 08-1252 Filed 5-8-08; 12:48 pm]

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