Notices. Notice and request for comments

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BILLING CODE 6725-01-P FEDERAL MARITIME COMMISSION Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Federal Maritime Commission. ACTION: Notice and request for comments. SUMMARY: As part of our continuing effort to reduce paperwork and respondent burden, and as required by the Paperwork Reduction Act of 1995, the Federal Maritime Commission invites comments on the continuing information collections (extensions with no changes) listed below in this notice.

DATES: Comments must be submitted on or before July 14, 2008. ADDRESSES: You may send comments to: Anthony Haywood, Chief Information Officer, Office of Administration, Federal Maritime Commission, 800 North Capitol Street, NW., Washington, DC 20573, (Telephone:

(202)523-5800), *administration@fmc.gov* . Please send separate comments for each specific information collection listed below. You must reference the information collection's title and OMB number in your comment. FOR FURTHER INFORMATION CONTACT: To obtain additional information, copies of the information collections and their instructions, or copies of any comments received, contact Jane Gregory, Management Analyst, Office of Administration, Federal Maritime Commission, 800 North Capitol Street, NW., Washington, DC 20573, (Telephone:

(202)523-5800), *jgregory@fmc.gov.* SUPPLEMENTARY INFORMATION: Request for Comments The Federal Maritime Commission, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on the continuing information collections listed in this notice, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Comments submitted in response to this notice will be included or summarized in our request for Office of Management and Budget

(OMB)approval of the relevant information collection. All comments are part of the public record and subject to disclosure. Please do not include any confidential or inappropriate material in your comments. We invite comments on:

(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;

(2)the accuracy of the estimated burden;

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

(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. Information Collections Open for Comment *Title:* 46 CFR part 540—Application for Certificate of Financial Responsibility/Form FMC-131. *OMB Approval Number:* 3072-0012 (Expires September 30, 2008). *Abstract:* Sections 2 and 3 of Public Law 89-777 (46 U.S.C. app. 817(d) and (e)) require owners or charterers of passenger vessels with 50 or more passenger berths or stateroom accommodations and embarking passengers at United Stated ports and territories to establish their financial responsibility to meet liability incurred for death or injury to passengers and other persons, and to indemnify passengers in the event of nonperformance of transportation. The Commission's Rules at 46 CFR part 540 implement Public Law 89-777 and specify financial responsibility coverage requirements for such owners and charterers. *Current Actions:* There are no changes to this information collection, and it is being submitted for extension purposes only. *Type of Review:* Extension. *Needs and Uses:* The information will be used by the Commission's staff to ensure that passenger vessel owners and charterers have evidenced financial responsibility to indemnify passengers and others in the event of nonperformance or casualty. *Frequency:* This information is collected when applicants apply for a certificate or when existing certificants change any information in their application forms. *Type of Respondents:* The types of respondents are owners, charterers and operators of passenger vessels with 50 or more passenger berths that embark passengers from U.S. ports or territories. *Number of Annual Respondents:* The Commission estimates an annual respondent universe of 50. *Estimated Time per Response:* The time per response ranges from .5 to 8 person-hours for reporting and recordkeeping requirements contained in the rules, and 8 person-hours for completing Application Form FMC-131. *Total Annual Burden:* The Commission estimates the total person-hour burden at 1,478 person-hours. *Title:* 46 CFR part 565—Controlled Carriers. *OMB Approval Number:* 3072-0060 (Expires September 30, 2008). *Abstract:* Section 9 of the Shipping Act of 1984 requires that the Federal Maritime Commission monitor the practices of controlled carriers to ensure that they do not maintain rates or charges in their tariffs and service contracts that are below a level that is just and reasonable; nor establish, maintain or enforce unjust or unreasonable classifications, rules or regulations in those tariffs or service contracts which result or are likely to result in the carriage or handling of cargo at rates or charges that are below a just and reasonable level. 46 CFR part 565 establishes the method by which the Commission determines whether a particular ocean common carrier is a controlled carrier subject to section 9 of the Shipping Act of 1984. When a government acquires a controlling interest in an ocean common carrier, or when a controlled carrier newly enters a United States trade, the Commission's rules require that such a carrier notify the Commission of these events. *Current Actions:* There are no changes to this information collection, and it is being submitted for extension purposes only. *Type of Review:* Extension. *Needs and Uses:* The Commission uses these notifications in order to effectively discharge its statutory duty to determine whether a particular ocean common carrier is a controlled carrier and therefore subject to the requirements of section 9 of the Shipping Act of 1984. *Frequency:* The submission of notifications from controlled carriers is not assigned to a specific time frame by the Commission; they are submitted as circumstances warrant. The Commission only requires notification when a majority portion of an ocean common carrier becomes owned or controlled by a government, or when a controlled carrier newly begins operation in any United States trade. *Type of Respondents:* Controlled carriers are ocean common carriers which are owned or controlled by a government. *Number of Annual Respondents:* Although it is estimated that only 5 of the 8 currently classified controlled carriers may respond in any given year, because this is a rule of general applicability, the Commission considers the number of annual respondents to be 8. Classifications are reviewed periodically to determine current status of respondents and to increase or decrease the number of controlled carriers based on new circumstances. The Federal Maritime Commission cannot anticipate when a new carrier may enter the United States trade; therefore, the number of annual respondents may fluctuate from year to year and could increase to 10 or more at any time. *Estimated Time per Response:* The estimated time for compliance is 7 person-hours per year. *Total Annual Burden:* The Commission estimates the person-hour burden required to make such notifications at 56 person-hours per year. *Title:* 46 CFR part 525—Marine Terminal Operator Schedules and Related Form FMC-1. *OMB Approval Number:* 3072-0061 (Expires September 30, 2008). *Abstract:* Section 8(f) of the Shipping Act of 1984, 46 U.S.C. app. 1707(f), provides that a marine terminal operator

(MTO)may make available to the public a schedule of its rates, regulations, and practices, including limitations of liability for cargo loss or damage, pertaining to receiving, delivering, handling, or storing property at its marine terminal, subject to section 10(d)(1), 46 U.S.C. app. 1709(d)(1) of the Act. The Commission's rules governing MTO schedules are set forth at 46 CFR part 525. *Current Actions:* There are no changes to this information collection, and it is being submitted for extension purposes only. *Type of Review:* Extension. *Needs and Uses:* The Commission uses information obtained from Form FMC-1 to determine the organization name, organization number, home office address, name and telephone number of the firm's representatives and the location of MTO schedules of rates, regulations and practices, and publisher, should the MTOs determine to make their schedules available to the public, as set forth in section 8(f) of the Shipping Act. *Frequency:* This information is collected prior to an MTO's commencement of its marine terminal operations. *Type of Respondents:* Persons operating as MTOs. *Number of Annual Respondents:* The Commission estimates the respondent universe at 258, of which 153 opt to make their schedules available to the public. *Estimated Time per Response:* The time per response for completing Form FMC-1 averages .5 person hours, and approximately 5 person-hours for related MTO schedules. *Total Annual Burden:* The Commission estimates the total person-hour burden at 894 person-hours. *Title:* 46 CFR part 520—Carrier Automated Tariffs and Related Form FMC-1. *OMB Approval Number:* 3072-0064 (Expires September 30, 2008). *Abstract:* Except with respect to certain specified commodities, section 8(a) of the Shipping Act of 1984, 46 U.S.C. app. 1707(a), requires that each common carrier and conference shall keep open to public inspection, in an automated tariff system, tariffs showing its rates, charges, classifications, rules, and practices between all ports and points on its own route and on any through transportation route that has been established. In addition, individual carriers or agreements among carriers are required to make available in tariff format certain enumerated essential terms of their service contracts. 46 U.S.C. app. 1707(c). The Commission is responsible for reviewing the accessibility and accuracy of automated tariff systems, in accordance with its regulations set forth at 46 CFR part 520. *Current Actions:* There are no changes to this information collection, and it is being submitted for extension purposes only. *Type of Review:* Extension. *Needs and Uses:* The Commission uses information obtained from Form FMC-1 to ascertain the location of common carrier and conference tariff publications, and to access their provisions regarding rules, rates, charges and practices. *Frequency:* This information is collected when common carriers or conferences publish tariffs. *Type of Respondents:* Persons desiring to operate as common carriers or conferences. *Number of Annual Respondents:* The Commission estimates an annual respondent universe of 4,200. *Estimated Time per Response:* The time per response ranges from .5 to 2 person-hours for reporting and recordkeeping requirements contained in the rules, and .5 person-hours for completing Form FMC-1. *Total Annual Burden:* The Commission estimates the total person-hour burden at 436,500 person-hours. *Title:* 46 CFR Part 530—Service Contracts and Related Form FMC-83. *OMB Approval Number:* 3072-0065 (Expires September 30, 2008). *Abstract:* The Shipping Act of 1984, 46 U.S.C. app. 1707, requires service contracts, except those dealing with bulk cargo, forest products, recycled metal scrap, new assembled motor vehicles, waste paper or paper waste, and their related amendments and notices to be filed confidentially with the Commission. *Current Actions:* There are no changes to this information collection, and it is being submitted for extension purposes only. *Type of Review:* Extension. *Needs and Uses:* The Commission monitors service contract filings for acts prohibited by the Shipping Act of 1984. *Frequency:* The Commission has no control over how frequently service contracts are entered into; this is solely a matter between the negotiating parties. When parties enter into a service contract, it must be filed with the Commission. *Type of Respondents:* Parties that enter into service contracts are ocean common carriers and agreements among ocean common carriers on the one hand, and shippers or shipper's associations on the other. *Number of Annual Respondents:* The Commission estimates an annual respondent universe of 143. *Estimated Time per Response:* The time per response ranges from .5 to 16 person-hours for reporting and recordkeeping requirements contained in the rules, and .5 person-hours for completing Form FMC-83. *Total Annual Burden:* The Commission estimates the total person-hour burden at 617,015 person-hours. *Title:* 46 CFR part 531—NVOCC Service Arrangements and Related Form FMC-78. *OMB Approval Number:* 3072-0070 (Expires September 30, 2008). *Abstract:* The Shipping Act of 1984, 46 U.S.C. app. 1715, authorizes the FMC to exempt by rule “any class of agreements between persons subject to the Act or any specified activity of those persons from any requirement of this Act if it finds that the exemption will not result in substantial reduction in competition or be detrimental to commerce. The Commission may attach conditions to any exemption and may, by order, revoke any exemption.” 46 CFR part 531 allows non-vessel-operating common carriers (NVOCCs) and shippers' associations with NVOCC members to act as shipper parties in NVOCC Service Arrangements (NSAs), and to be exempt from certain tariff publication requirements of the Shipping Act provided the carriage in question is done pursuant to an NSA filed with the Commission and the essential terms are published in the NVOCC's tariff. *Current Actions:* There are no changes to this information collection, and it is being submitted for extension purposes only. *Type of Review:* Extension. *Needs and Uses:* The Commission uses filed NSAs and associated data for monitoring and investigatory purposes and, in its proceedings, to adjudicate related issues raised by private parties. *Frequency:* The filing of NSAs is not assigned a specific time by the Commission; NSAs are filed as they may be entered into by private parties. When parties enter into an NSA, it must be filed with the Commission. *Type of Respondents:* Parties that enter into NSAs are NVOCCs and shippers' associations with NVOCC members. *Number of Annual Respondents:* The Commission estimates an annual respondent universe of 533. *Estimated Time per Response:* The time per response ranges from .5 to 4 person-hours for reporting and recordkeeping requirements contained in the rules, and 1 person-hour for completing Form FMC-78. *Total Annual Burden:* The Commission estimates the total person-hour burden at 13,082 person-hours. Karen V. Gregory, Assistant Secretary. [FR Doc. E8-10602 Filed 5-12-08; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than May 28, 2008. **A. Federal Reserve Bank of Kansas City** (Todd Offenbacker, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001: *1. J. Robert Young* , Carbondale, Colorado, individually and as a voting trustee of the Alpine Banks of Colorado Employee Stock Ownership Plan and 401K

(ESOP)to acquire control of; and by J. Robert Young, Margo L. Young-Gardey and Lindsay D. Nash, both of Glenwood Springs, Colorado, as members of a family group acting in concert, to acquire control of Alpine Banks of Colorado, parent of Alpine Bank, both in Glenwood Springs, Colorado, through the retention of voting shares. Board of Governors of the Federal Reserve System, May 8, 2008. Margaret McCloskey Shanks, Associate Secretary of the Board. [FR Doc. E8-10638 Filed 5-12-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than June 6, 2008. **A. Federal Reserve Bank of Philadelphia** (Michael E. Collins, Senior Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105-1521: *1. Landmark Bancorp Inc.* ; to become a bank holding company by acquiring 100 percent of the voting shares of Landmark Community Bank, both of Pittston, Pennsylvania. **B. Federal Reserve Bank of Atlanta** (Steve Foley, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309: *1. The Southern Banc Company, Inc.* ; to become a bank holding company and thereby retain control of The Southern Bank Company, both of Gadsden, Alabama (Bank), upon the Bank's conversion from a federal savings bank to an Alabama state-chartered commercial bank. Board of Governors of the Federal Reserve System, May 8, 2008. Margaret McCloskey Shanks, Associate Secretary of the Board. [FR Doc.E8-10639 Filed 5-12-08; 8:45 am] BILLING CODE 6210-01-S GENERAL SERVICES ADMINISTRATION [GSA Bulletin FMR G-01] Federal Management Regulation; Conversion to Commercial Payment Processes for Postage AGENCY: Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Notice of a bulletin. SUMMARY: The attached bulletin provides updated information to Federal agencies regarding the initiative to convert to commercial payment processes for postage. GSA Bulletin FMR G-01 may also be found at *www.gsa.gov/fmrbulletin* . DATES: This bulletin announced is effective from April 11, 2008 until April 13, 2009. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Derrick Miliner, Program Director, Mail Management Policy, Office of Governmentwide Policy, General Services Administration, Washington, DC 20405, at

(202)273-3564 or *derrick.miliner@gsa.gov* . Please cite Bulletin FMR G-01. SUPPLEMENTARY INFORMATION: A. Background Section 102-192.50(c) of the Federal Management Regulation

(FMR)(41 CFR 102-192.50(c)) states that “beginning December 31, 2003, all payments to the United States Postal Service must be made using commercial payment processes, not OMAS” (Official Mail Accounting System). If agencies did not convert by that date, they were required to submit a deviation request for an extension. If granted, the deviations could last for no longer than a two-year period, at which time agencies had to request another deviation. Dated: April 11, 2008. KEVIN MESSNER, Acting Associate Administrator, Office of Governmentwide Policy. GENERAL SERVICES ADMINISTRATION GSA BULLETIN FMR G-01 MAIL MANAGEMENT TO: Heads of Federal agencies SUBJECT: Conversion to Commercial Payment Processes for Postage 1. *What is the purpose of this bulletin* ? This bulletin provides updated information to Federal agencies regarding the initiative to convert to commercial payment processes for postage. 2. *What is the effective date of this bulletin* ? April 11, 2008. 3. *When does this bulletin expire* ? This bulletin will expire April 13, 2009. 4. *What is the background of this bulletin* ? Section 102-192.50(c) of the Federal Management Regulation

(GSA)to review the goals of the commercial payment initiative. GSA has agreed to do so. 6. *What should agencies do if they need to submit an updated deviation request while GSA reviews the goals of the commercial payment initiative* ? Agencies that have outstanding deviation requests, or that need to submit a deviation request soon, do not need to submit a formal updated deviation request during the time period covered by this bulletin. GSA is granting these agencies an automatic 12-month deviation. Agencies that have current unexpired deviations on file that last beyond the 12-month period do not need to take any additional action. 7. *When should agencies expect to hear the results of the review* ? Before the 12-month period is complete, GSA will issue additional guidance if in fact there are new options for showing accountability for postage costs besides converting to commercial payment. If, after review, GSA determines there are no additional options, agencies will be expected to proceed toward conversion. 8. *Whom should I contact for further information* ? Derrick Miliner, Program Manager, Mail Management Policy, Office of Governmentwide Policy, General Services Administration, Washington, DC 20405, *derrick.miliner@gsa.gov* ,

(202)273-3564. [FR Doc. E8-10654 Filed 5?-12-08; 8:45 am] BILLING CODE 6820-14-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Government-Owned Inventions; Availability for Licensing AGENCY: National Institutes of Health, Public Health Service, HHS. ACTION: Notice. SUMMARY: The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing. ADDRESSES: Licensing information and copies of the U.S. patent applications listed below may be obtained by writing to the indicated licensing contact at the Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852-3804; telephone: 301/496-7057; fax: 301/402-0220. A signed Confidential Disclosure Agreement will be required to receive copies of the patent applications. Multicolored Fluorescent Cell Lines for High-Throughput Angiogenesis and Cytotoxicity Screening *Description of Technology:* Understanding the biological processes that underlie cellular organization and communication has become a vital element in the discovery of new therapeutics, and in evaluating the efficiency of existing therapeutic approaches. One frequently-studied example of a system in which multiple cell types function together and influence each other is angiogenesis, which is fundamentally important in tissue development, vascular disease, and cancer. The availability of high-throughput, simple assays for the study of multiple-cell biological processes, such as angiogenesis, is essential for the development of therapeutics and diagnostics for disorders governed by these complex processes. The inventors have developed a series of immortalized cell lines, selected to represent the different cell types found in angiogenesis *in vivo* , that constitutively express different fluorescent proteins. Based on these cell lines, the inventors have developed several *in vitro* angiogenesis assays and a software application that can be used to investigate the relationships between different cells involved in angiogenesis, to develop new combinatorial approaches to boost the efficiency of existing therapeutics, and to facilitate the discovery of new potential single or combination drugs. These assays have several advantages over currently-available kits, such as the capability for real-time monitoring of cellular interaction and activity, shortened and simplified protocols, and no added detection reagents to disrupt assay results. The inventors have also developed a cytotoxicity assay using these cells that would be suitable for screening libraries of potential new drugs. *Applications:* This technology could potentially be used to develop a high-throughput screening assay for angiogenesis or anti-angiogenesis drugs, or to screen compounds for cytotoxicity. A diagnostic test based on this technology could be used to monitor levels of angiogenic factors in the blood, to aid in personalized therapies for cancer and other angiogenesis-dependent diseases. *Development Status:* The inventors have already demonstrated proof of concept for this technology by developing a high-throughput screen for potential angiogenic drugs, and they have also recently developed a cytotoxicity assay. They are in the process of identifying further uses for this technology, and have also developed a software application for analysis of tube formation assays. *Inventors:* Enrique Zudaire and Frank Cuttitta (NCI). Patent Status: U.S. Patent Application No. 12/060,752 filed 01 Apr 2008 (HHS Reference No. E-281-2007/0-US-02) *Licensing Status:* Available for non-exclusive licensing. *Licensing Contact:* Tara L. Kirby, PhD; 301-435-4426; *tarak@mail.nih.gov.* *Collaborative Research Opportunity:* The National Cancer Institute Angiogenesis Core Facility is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize multicolored fluorescent cell lines for high-throughput angiogenesis and cytotoxicity screening. Please contact John D. Hewes, PhD at 301-435-3121 or *hewesj@mail.nih.gov* for more information. A Novel Growth Factor and Anti-Apoptotic Agent for Promoting Lung Development and Treating Lung Disease *Description of Technology:* This invention discloses the novel use of the uteroglobin-related protein 1 (UGRP1), also known as secretoglobin family 3A member 2 (SCGB3A2), as a cell proliferative and anti-apoptotic agent that can be used to promote lung development and treat lung disease. SCGB3A2 is a member of the uteroglobin/Clara cell secretory protein or Secretoglobin gene superfamily of secretory proteins that is normally expressed in the epithelial cells of the trachea, bronchus, and bronchioles, and is known for its anti-inflammatory activity. NIH scientists have, however, recently discovered the surprising growth factor and anti-apoptotic activities of SCGB3A2. These activities allow SCGB3A2 to be used to prevent the development of neonatal respiratory distress, promote lung development, and inhibit the lung damage that results from treatment with certain anti-cancer agents such as bleomycin. SCGB3A2 administration *ex vivo* and *in vivo* was shown to enhance cell proliferation and branching morphogenesis. SCGB3A2 was also shown to suppress or repair bleomycin induced DNA damage/fibrosis when given before, or together with bleomycin treatment in *in vitro* organ culture, and in an *in vivo* mouse model of pulmonary fibrosis. These cell proliferative and morphogenic effects of SCGB3A2 make it an attractive candidate for therapeutic use in the treatment of several lung diseases that involve tissue injury or inflammation, such as, pulmonary fibrosis, interstitial pneumonia, emphysema and cancer. SCGB3A2 therapy is also envisioned for use as a lung development agent in premature newborn infants born with underdeveloped lungs. *Applications:* Repair of damaged lung tissue; Lung development in premature newborn infants. *Development Status:* *Ex vivo* and *in vivo* mouse studies conducted. *Inventors:* Shioko Kimura and Reiko Kurotani (NCI). *Publication:* Y Chiba, R Kurotani, T Kusakabe, T Miura, BW Link, M Misawa, S Kimura. Uteroglobin-related protein 1 expression suppresses allergic airway inflammation in mice. Am J Respir Crit Care Med. 2006 May 1;173(9):958-964. *Patent Status:* U.S. Provisional Application No. 60/847,747 filed 27 Sep 2006 (HHS Reference No. E-286-2006/0-US-01); PCT Application No. PCT/ US2007/079771 filed 27 Sep 2007 (HHS Reference No. E-286-2006/2-PCT-01). *Licensing Status:* Available for exclusive or non-exclusive licensing. *Licensing Contact:* Jasbir (Jesse) S. Kindra, J.D., M.S.; 301-435-5170; *kindraj@mail.nih.gov* . *Collaborative Research Opportunity:* The National Cancer Institute, Laboratory of Metabolism is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize SCGB3A2 as a clinical tool to treat and/or prevent lung diseases and/or damage caused by various insults including use of the chemotherapeutic agent bleomycin. Lung diseases include pulmonary fibrosis, interstitial pneumonia, emphysema and cancer. We would like to evaluate the effect of SCGB3A2 on the development of emphysema in a smoking model mouse, and as a means to attenuate the severity of all aforementioned diseases in larger animals such as lamb, goat and monkey. We also would like to evaluate the effect of SCGB3A2 on lung maturation using pregnant larger animals. Please contact John D. Hewes, PhD at 301-435-3121 or *hewesj@mail.nih.gov* for more information. Dated: May 8, 2008. Steven M. Ferguson, Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health. [FR Doc. E8-10682 Filed 5-12-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the meeting of the President's Cancer Panel. The meeting will be closed to the public in accordance with the provisions set forth in section 552b(c)(9)(B), Title 5 U.S.C., as amended, because the premature disclosure of information and the discussions would be likely to significantly frustrate implementation of recommendations. *Name of Committee:* President's Cancer Panel. *Date:* May 28, 2008. *Time:* 11 a.m. to 1 p.m. *Agenda:* The Panel will discuss the report format and recommendations for the 2007-2008 meeting series. *Place:* National Cancer Institute, Office of the Director, National Institutes of Health, 6116 Executive Blvd., Suite 220, Bethesda, MD 20892 (Teleconference). *Contact Person:* Abby Sandler, PhD, Executive Secretary, National Cancer Institute, National Institutes of Health, 6116 Executive Blvd., Suite 220, Bethesda, MD 20892,

(301)451-9399. Any interested person may file written comments with the committee by forwarding the comments to the Contact Person listed on this notice. The comments should include the name, address, telephone number and, when applicable, the business or professional affiliation of the interested person. Information is also available on the Institute's/Center's home page: *deainfo.nci.nih.gov/advisory/pcp/pcp.htm,* where an agenda and any additional information for the meeting will be posted when available. (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS) Dated: May 7, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-10679 Filed 5-12-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Human Genome Research Institute; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Human Genome Research Institute Special Emphasis Panel; Targeted Resequencing RFA. *Date:* June 17, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Hotel Lombardy, 2019 Pennsylvania Avenue, NW., Washington, DC 20006. *Contact Person:* Ken D. Nakamura, PhD, Scientific Review Officer, Scientific Review Branch, National Human Genome Research Institute, National Institutes of Health, 5635 Fishers Lane, Suite 4076, MSC 9306, Rockville, MD 20852, 301-402-0838, *nakamurk@mail.nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.172, Human Genome Research, National Institutes of Health, HHS) Dated: May 5, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-10491 Filed 5-12-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Child Health and Human Development; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute of Child Health and Human Development Special Emphasis Panel; ACE Network Supplement. *Date:* June 3, 2008. *Time:* 12 p.m. to 2 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6100 Executive Boulevard, Room 5B01, Rockville, MD 20852 (Telephone Conference Call). *Contact Person:* Norman Chang, PhD, Scientific Review Administrator, Division of Scientific Review, National Institute of Child Health and Human Development, NIH, 6100 Executive Blvd., Room 5b01, Bethesda, MD 20892,

(301)496-1485, *changn@mail.nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS) Dated: May 5, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-10490 Filed 5-12-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Deafness and Other Communication Disorders; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute on Deafness and Other Communication Disorders Special Emphasis Panel; Translational Research Grant Review. *Date:* June 10, 2008. Time: 1 p.m. to 4 p.m. Agenda: To review and evaluate grant applications. *Place:* National Institutes of Health, 6120 Executive Blvd., Rockville, MD 20852 (Telephone Conference Call). *Contact Person:* Sheo Singh, PhD, Scientific Review Administrator, Scientific Review Branch, Division of Extramural Activities, Executive Plaza South, Room 400C, 6120 Executive Blvd., Bethesda, MD 20892, 301-496-8683, *singhs@nidcd.nih.gov.* *Name of Committee:* Communication Disorders Review Committee. *Date:* June 18-19, 2008. *Time:* June 18, 2008, 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* The Westin Washington, DC, 1400 M Street, NW., Washington, DC 20005. *Time:* June 19, 2008, 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* The Westin Washington, DC, 1400 M Street, NW., Washington, DC 20005. *Contact Person:* Shiguang Yang, DVM, PhD, Scientific Review Administrator, Scientific Review Branch, Division of Extramural Activities, NIDCD, NIH, 6120 Executive Blvd., Suite 400C, Bethesda, MD 20892, 301-435-1425, *yangshi@nidcd.nih.gov.* *Name of Committee:* National Institute on Deafness and Other Communication Disorders Special Emphasis Panel; Chemical Senses Review Panel. *Date:* June 23, 2008. *Time:* 11 a.m to 1 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6120 Executive Blvd., Rockville, MD 20852 (Telephone Conference Call). *Contact Person:* Christine A. Livingston, PhD, Scientific Review Administrator, Division of Extramural Activities, National Institutes of Health/ NIDCD, 6120 Executive Blvd.—MSC 7180, Bethesda, MD 20892,

(301)496-8683, *livingsc@mail.nih.gov.* *Name of Committee:* National Institute on Deafness and Other Communication Disorders Special Emphasis Panel, R03 Hearing and Balance Small Grants Review. *Date:* June 25, 2008. *Time:* 12 p.m. to 3 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6120 Executive Blvd., Rockville, MD 20852 (Telephone Conference Call). *Contact Person:* Christopher Moore, PhD, Scientific Review Administrator, Division of Extramural Activities, National Institutes of Health/NIDCD, 6120 Executive Blvd, Rm. 400C, Bethesda, MD 20892-7180, 301-402-3587, *moorechristopher@nidcd.nih.gov.* *Name of Committee:* National Instiute on Deafness and Other Communication Disorders Special Emphasis Panel, Voice, Speech and Language Small Grant Review. *Date:* June 26, 2008. *Time:* 12 p.m. to 3 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6120 Executive Blvd., Rockville, MD 20852 (Telephone Conference Call). *Contact Person:* Sheo Singh, PhD, Scientific Review Administrator, Scientific Review Branch, Division of Extramural Activities, Executive Plaza South, Room 400C, 6120 Executive Blvd., Bethesda, MD 20892, 301-496-8683, *singhs@nidcd.nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.173, Biological Research Related to Deafness and Communicative Disorders, National Institutes of Health, HHS) Dated: May 7, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-10677 Filed 5-12-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice; 30-day notice and request for comments; Extension of a currently approved collection; OMB Number 1660-0103, FEMA Form 81-112. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency

(FEMA)has submitted the following information collection to the Office of Management and Budget

(OMB)for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The submission describes the nature of the information collection, the categories of respondents, the estimated burden ( *i.e.* , the time, effort and resources used by respondents to respond) and cost, and includes the actual data collection instruments FEMA will use. *Title:* Property Acquisition and Relocation for Open Space. *OMB Number:* 1660-0103. *Abstract:* FEMA and State and local recipients of FEMA mitigation grant programs will use the information collected to meet the Property Acquisition requirements to implement acquisition activities under the terms of grant agreements for acquisition and relocation activities. *Affected Public:* State, local, or Indian Tribal Government; Individuals and Households. *Number of Respondents:* 56. *Estimated Time per Respondent:* 9 hours. *Estimated Total Annual Burden Hours:* 11,424. *Frequency of Response:* On Occasion. *Comments:* Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Nathan Lesser, Desk Officer, Department of Homeland Security/FEMA, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to

(202)395-6974. Comments must be submitted on or before June 12, 2008. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection should be made to Director, Records Management Division, 500 C Street, SW., Washington, DC 20472, Mail Drop Room 301, 1800 S. Bell Street, Arlington, VA 22202, facsimile number

(FEMA)has submitted the following information collection to the Office of Management and Budget

(OMB)for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The submission describes the nature of the information collection, the categories of respondents, the estimated burden ( *i.e.* , the time, effort and resources used by respondents to respond) and cost, and includes the actual data collection instruments FEMA will use. *Title:* State/Local/Tribal Hazard Mitigation Plans. *OMB Number:* 1660-0062. *Abstract:* The purpose of the State/Local/Tribal Hazard Mitigation Plan requirements is to outline the strategy by which State, tribal and local governments use to demonstrate the goals, priorities, and commitment to reduce risks from natural hazards and serves as a guide for State and local decision makers as they commit resources to reducing the effects of natural hazards. *Affected Public:* State, Local or Tribal Government. *Number of Respondents:* 56. *Estimated Time per Respondent:* 13,720. *Estimated Total Annual Burden Hours:* 768,320. *Frequency of Response:* On Occasion. *Comments:* Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management Budget, Attention: Nathan Lesser, Desk Officer, Department of Homeland Security/FEMA, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to

(FEMA)has submitted the following information collection to the Office of Management and Budget

(OMB)for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The submission describes the nature of the information collection, the categories of respondents, the estimated burden ( *i.e.* , the time, effort and resources used by respondents to respond) and cost, and includes the actual data collection instruments FEMA will use. *Title:* FEMA Grant Administration Forms. *OMB Number:* 1660-0025. *Abstract:* This collection of information focuses on the standardization and consistent use of standard and FEMA forms associated with grantees requests for disaster and non-disaster Federal assistance, submission of financial and administrative reporting and record keeping. The use of the forms will minimize burden on the respondent and enable FEMA to continue to improve in its grants administration practices. The forms are used to administer the following FEMA grant programs. *National Urban Search and Rescue (US&R) Response System—* To develop an immediately deployable, national response capability to locate and extricate, and medically stabilize victims of structural collapse during a disaster, while simultaneously enhancing the US&R response capabilities of State and local governments. *Community Assistance Program—State Support Services Element (CAP-SSSE)—* To ensure that communities participating in the National Flood Insurance Program

(NFIP)are achieving flood loss reduction measures consistent with program direction. The CAP-SSSE is intended to identify, prevent and resolve floodplain management issues in participating communities before they develop into problems requiring enforcement action. *Chemical Stockpile Emergency Preparedness Program (CSEPP)—* To enhance emergency preparedness capabilities of the States and local communities at each of the eight chemical agent stockpile storage facilities. The purpose of the program is to assist States and local communities in efforts to improve their capacity to plan for and respond to accidents associated with the storage and ultimate disposal of chemical warfare materials. *National Dam Safety Program (NDSP)—* To encourage the establishment and maintenance of effective State programs intended to ensure dam safety, to protect human life and property, and to improve State dam safety programs. *Interoperable Communications Equipment (ICE)—* To provide funding to jurisdictions across the nation for demonstration projects on uses of equipment and technologies to increase communications interoperability among the fire service, law enforcement, and emergency medical service communities. These projects will illustrate and encourage the acceptance of new technologies and operating methods to assist communities in achieving interoperability. *Earthquake Consortium (EqC)—* To operate a program of grants and assistance to enable States to develop mitigation, preparedness and response plans prepare inventories and conduct seismic safety inspection of critical structures and lifelines, update building and zoning codes and ordinances to enhance seismic safety, increase earthquake awareness and education, and encourage the development of multi-State groups for such purposes. *Disaster Donations Management Program (AIDMATRIX)—* To distribute technology solutions to State and local government and voluntary agencies throughout the country prior, to a major event, through the Aidmatrix Foundation/FEMA partnership. This will allow end-users to incorporate technology solutions into their planning, increasing their capacity to respond quickly and effectively once a disaster occurs. *Alternative Housing Pilot Program (AHPP)—* Evaluate the efficacy of non-traditional short and intermediate-term housing alternatives for potential future use in a catastrophic disaster environment. Identify, develop and evaluate alternatives to and alternative forms of FEMA Disaster Housing to assist victims of the 2005 hurricanes in the Gulf Coast. *Cooperating Technical Partners (CTP)—* To increase local involvement in, and ownership of, the development and maintenance of flood hazard maps produced for the National Flood Insurance Program (NFIP). *Map Modernization Management Support (MMMS)* —To increase local involvement in, and ownership of, management of the development and maintenance of flood hazard maps produced for the National Flood Insurance. *New Repetitive Flood Claims (RFC)* —The Repetitive Flood Claims

(RFC)Program was authorized in 2004 under Public Law 108-264, funds were not appropriated until FY 2006. The RFC program is authorized under the NFIA to award grants for actions that reduce flood damages to individual properties for which one or more claim payments for losses have been made. FEMA is not required to publish regulations; however, FEMA will provide notice to eligible applicants, post notice on OMB's Grants.gov Web site, and post the RFC program guidance on its Web site at *http://www.fema.gov.* *Flood Mitigation Assistance (FMA)—* To assist States and communities in implementing measures to reduce or eliminate the long-term risk of flood damage to buildings, manufactured homes, and other structures insurable under the National Flood Insurance Program (NFIP). *Pre-Disaster Mitigation (PDM)—* To provide States and communities with a much needed source of pre-disaster mitigation funding for cost-effective hazard mitigation activities that are part of a comprehensive mitigation program, and that reduce injuries, loss of life, and damage and destruction of property. Competitive grants are part of this program including grants to universities. *Assistance to Firefighters Grant (AFG)—* To provide direct assistance, on a competitive basis, to fire departments of a State or tribal nation for the purpose of protecting the health and safety of the public and firefighting personnel against fire and fire-related hazards. *Staffing for Adequate Fire and Emergency Response (SAFER)—* To increase the number of firefighters in local communities and to help them meet industry minimum standards and attain 24/7 staffing for adequate protection against fire and fire-related hazards, and fulfill related roles associated with fire departments. Disaster Programs *Public Assistance Grants (PA)—* To provide supplemental assistance to States, local governments, and political subdivisions to the State, Indian Tribes, Alaskan Native Villages, and certain nonprofit organizations in alleviating suffering and hardship resulting from major disasters or emergencies declared by the President. *Crisis Counseling (SCC)—* To provide immediate crisis counseling services, when required, to victims of a major Federally-declared disaster for the purpose of relieving mental health problems caused or aggravated by a major disaster or its aftermath. *Presidential Declared Disaster Assistance to Individuals and Households—* *Other Needs (ONA)* —To provide assistance to individuals and households affected by a disaster or emergency declared by the President, and enable them to address necessary expenses and serious needs, which cannot be met through other forms of disaster assistance or through other means such as insurance. *Hazard Mitigation Grant Program (HMGP)—* To provide States and local governments' financial assistance to implement measures that will permanently reduce or eliminate future damages and losses from natural hazards through safer building practices and improving existing structures and supporting infrastructure. *Fire Management Assistance Grant (FMAGP)—* To provide grants to States, Indian tribal government and local governments for the mitigation, management and control of any fire burning on publicly (nonfederal) or privately owned forest or grassland that threatens such destruction as would constitute a major disaster. *Affected Public:* State, local, and tribal government. *Number of Respondents:* 56. *Estimated Time per Respondent:* 38,408.66. *Estimated Total Annual Burden Hours:* 2,150,885. *Frequency of Response:* On Occasion. *Comments:* Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Nathan Lesser, Desk Officer, Department of Homeland Security/FEMA, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to

(WYO)Program, FEMA regulation 44 CFR 62.3 authorizes the Federal Insurance Administrator to enter into arrangements with individual private sector insurance companies that are licensed to engage in the business of property insurance. To insure that any policyholder money is accounted for and appropriately expended, the Federal Insurance and Mitigation Administration

(FIMA)and WYO companies implemented a Financial Control Plan under FEMA regulation 44 CFR Part 62, Appendix B. This plan requires that each WYO company submit financial data on a monthly basis. Collection of Information *Title:* Write Your Own

(WYO)Program. *Type of Information Collection:* Extension, without change, of a currently approved collection. *OMB Number:* 1660-0020. *Form Numbers:* None. *Abstract:* Under the Write Your Own

(WYO)Program, private sector insurance companies may offer flood insurance to eligible property owners. The Federal Government is guarantor of flood insurance coverage for WYO companies, issued under the WYO arrangements. *Affected Public:* Business or other for-profit. *Estimated Total Annual Burden Hours:* 687 hours. Annual Hour Burden Data collection activity/instrument Number of respondents Frequency of responses Hour burden per response Annual responses Total annual burden hours

(D)= (A × B) (C × D) Financial Report

(WYO)97 12 .59 1,164 687 Total 97 12 .59 1,164 687 *Estimated Cost:* The estimated annualized cost to respondents based on wage rate categories is $18,782.00. The estimated annual cost to the Federal Government is $168,907.00. *Comments:* Written comments are solicited to

(a)evaluate whether the proposed data collection is necessary for the proper performance of the agency, including whether the information shall have practical utility;

(b)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;

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

(d)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. Comments must be submitted on or before July 14, 2008. ADDRESSES: Interested persons should submit written comments to Office of Management, Records Management Division, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, Mail Drop Room 301, 1800 S. Bell Street, Arlington, VA 22202. FOR FURTHER INFORMATION CONTACT: Contact Kevin Montgomery, Financial Management Specialist, Federal Insurance and Mitigation Administration,

(301)918-1453 for additional information. You may contact the Records Management Section for copies of the proposed collection of information at facsimile number

(202)646-3347 or e-mail address: *FEMA-Information-Collections@dhs.gov* . Dated: April 28, 2008. John A. Sharetts-Sullivan, Director, Records Management Division, Office of Management, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E8-10593 Filed 5-12-08; 8:45 am] BILLING CODE 9110-11-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice; 60-day notice and request for comments; Extension, without change, of a currently approved collection, OMB Number 1660-0017, FEMA Form 90-49; FEMA Form 90-91; FEMA Form 90-91A; FEMA Form 90-91B; FEMA Form 90-91C; FEMA Form 90-91D; FEMA Form 90-120; FEMA Form 90-121; FEMA Form 90-123; FEMA Form 90-124; FEMA Form 90-125; FEMA Form 90-126; FEMA Form 90-127; FEMA Form 90-128. SUMMARY: The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the Public Assistance progress report and related forms used to administer the Public Assistance Program. SUPPLEMENTARY INFORMATION: The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, authorizes the President to provide assistance to state and local government to help them to respond to and recover from a disaster. Collection of Information *Title:* Public Assistance Progress Report and Program Forms. *Type of Information Collection:* Extension, without change, of a currently approved collection. *OMB Number:* 1660-0017. *Form Numbers:* FEMA Form 90-49, Request for Public Assistance (RPA); FEMA Form 90-91, Project Worksheet (PW); FEMA Form 90-91A, PW-Damage Description and Scope of Work Continuation Sheet; FEMA Form 90-91B, PW Cost Estimate Continuation Sheet; FEMA Form 90-91C, PW Maps and Sketches Sheets; FEMA Form 90- 91D, PW Photo Sheet; FEMA Form 90-120, Special Considerations Questions; FEMA Form 90-121, PNP Facility Questionnaire; FEMA Form 90-123, Force Account Labor Summary; FEMA Form 90-124, Material Summary Record; FEMA Form 90-125, Rented Equipment Summary Record; FEMA Form 90-126, Contract Work Summary Record; FEMA Form 90-127, Force Account Equipment Summary Record; FEMA Form 90-128, Applicants Benefits Calculation Worksheet. *Abstract:* This collection serves as the mechanism to administer the Public Assistance

(PA)Program. The report describes the status of project completion, dates, and circumstances that could delay a project. The Progress Report and related forms ensure that FEMA and the State have up-to-date information on PA program grants. The application process contains record-keeping and reporting requirements via mandatory and optional completion of several forms and time-frames. The date of the report is determined jointly by the State and the Disaster Recovery Manager. *Affected Public:* State, Local or Tribal Government. *Estimated Total Annual Burden Hours:* 134,562 hours. Annual Hour Burden Project/activity (survey, form(s), focus group, etc.) No. of respondents Frequency of responses Burden hours per respondent Annual responses Total annual burden hours

(C)D=(AxB)

(CxD)Mandatory Forms: FF 90-49, Request for Public Assistance

(RPA)148 53 0.16667 7,844 1,333 FF 90-91, Project Worksheet (PW), FF 90-91A, PW-Damage Description and Scope of Work Continuation Sheet, FF 90-91B, PW Cost Estimate Continuation Sheet, FF 90-91C PW Maps and Sketches Sheets, and FF 90-91D, PW Photo Sheet.

(1)694 53 1.5 36,782 55,173 FF 90-120, Special Considerations Questions 658 53 0.16667 34,874 5,929 FF 90-128, Applicants Benefits Calculation Worksheet 148 53 0.5 7,844 3,922 FF 91-121, PNP Facility Questionnaire 20 53 0.5 1,060 530 Progress Report (All State/Local PA projects)

(2)56 4 100 224 22,400 Audit of States, Local Governments and Non-Profit Organizations 56 1 30 56 1,680 Total-Mandatory 1780 88,684 90,967 Optional Forms: FF 90-123, Force Account Labor Summary 658 53 0.25 34,874 8,719 FF 90-124, Material Summary Record 658 53 0.25 34,874 8,719 FF 90-125, Rented Equipment Summary Record 658 53 0.25 34,874 8,719 FF 90-126, Contract Work Summary Record 658 53 0.25 34,874 8,719 FF 90-127, Force Account Equipment Summary Record 658 53 0.25 34,874 8,719 Total-Optional 3,290 174,370 43,595 Total Annual Burden 5,070 535 134.25 263,054 134,562 *Estimated Cost:* The estimated annualized cost to respondents based on wage rate categories is $3,759,663.00. The estimated annual cost to the Federal Government is $1,510,430.00. *Comments:* Written comments are solicited to

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

(b)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;

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

(d)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. Comments must be submitted on or before July 14, 2008. ADDRESSES: Interested persons should submit written comments to Office of Management, Records Management Division, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, Mail Drop Room 301, 1800 S. Bell Street, Arlington, VA 22202. FOR FURTHER INFORMATION CONTACT: Contact Clifford Brown, Program Specialist, Public Assistance Grant Program at

(202)646-4136 for additional information. You may contact the Records Management Division for copies of the proposed collection of information at facsimile number

(202)646-3347 or email address: *FEMA-Information-Collections@dhs.gov.* Dated: April 28, 2008. John A. Sharetts-Sullivan, Director, Records Management Division, Office of Management, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E8-10596 Filed 5-12-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice; 30-day notice and request for comments; Extension of a currently approved collection; OMB Number 1660-0104, No Forms. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency

(FEMA)has submitted the following information collection to the Office of Management and Budget

(SRL)Appeals Process. *OMB Number:* 1660-0104. *Abstract:* The SRL program provides property owners with the ability to appeal an increase in their flood insurance premium rate if they refuse an offer of mitigation under this program. The property owner must submit information to FEMA to support their appeal. *Affected Public:* Individuals or households. *Number of Respondents:* 10. *Estimated Time per Respondent:* 10 hours. *Estimated Total Annual Burden Hours:* 100 hours. *Frequency of Response:* On Occasion. *Comments:* Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management Budget, Attention: Nathan Lesser, Desk Officer, Department of Homeland Security/FEMA, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to

(202)646-3347, or e-mail address *FEMA-Information-Collections@dhs.gov.* Dated: April 28, 2008. John A. Sharetts-Sullivan, Director, Records Management Division, Office of Management, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E8-10597 Filed 5-12-08; 8:45 am] BILLING CODE 9110-11-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: From I-602; Extension of an Existing Information Collection; Comment Request ACTION: 60-Day Notice of Information Collection Under Review: Form I-602; Application by Refugee for Waiver of Grounds of Excludability; OMB No. 1615-0069. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), has submitted the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for sixty days until July 14, 2008. Written comments and suggestions regarding items contained in this notice, and especially with regard to the estimated public burden and associated response time should be directed to the Department of Homeland Security (DHS), USCIS, Chief, Regulatory Management Division, Clearance Office, 111 Massachusetts Avenue, NW., 3rd Floor, Suite 3008, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202-272-8352, or via e-mail at *rfs.regs@dhs.gov.* When submitting comments by e-mail, please add the OMB Control Number 1615-0069 in the subject box. During this 60-day period USCIS will be evaluating whether to revise the Form I-602. Should USCIS decide to revise the Form I-602 it will advise the public when it publishes the 30-day notice in the **Federal Register** in accordance with the Paperwork Reduction Act. The public will then have 30-days to comment on any revisions to the Form I-602. Written comments and suggestions from the public and affected agencies concerning the collection of information should address one or more of the following four points:

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

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

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

(4)Minimize the burden of the collection of information on those who respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques, or other forms of information technology, *e.g.* , permitting electronic submission of responses. Overview of This Information Collection

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

(2)*Title of the Form/Collection:* Application by Refugee for Waiver of Grounds of Excludability.

(3)*Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:* Form I-602. U.S. Citizenship and Immigration Services.

(4)* Affected public who will be asked or required to respond, as well as a brief abstract: Primary:* Individuals and households. This form is necessary to establish eligibility for waiver of excludability based on humanitarian, family unity, or public interest.

(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* 2,500 responses at 15 minutes (.25) per response.

(6)*An estimate of the total public burden (in hours) associated with the collection:* 625 annual burden hours. If you have additional comments, suggestions, or need a copy of the information collection instrument, please visit: *http://www.regulations.gov/search/index.jsp.* We may also be contacted at: USCIS, Regulatory Management Division, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529, telephone number 202-272-8377. Dated: May 7, 2008. Stephen Tarragon, Acting Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. E8-10543 Filed 5-12-08; 8:45 am] BILLING CODE 9111-97-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Form I-817; Extension of an Existing Information Collection; Comment Request ACTION: 60-Day Notice of Information Collection Under Review; Form I-817, Application for Family Unity Benefits; OMB Control No. 1615-0005. The Department of Homeland Security, U.S. Citizenship and Immigration Services has submitted the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for sixty days until July 14, 2008. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), USCIS, Chief, Regulatory Management Division, Clearance Officer, 111 Massachusetts Avenue, 3rd Floor, Suite 3008, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at *rfs.regs@dhs.gov* . When submitting comments by e-mail, please make sure to add OMB Control No. 1615-0005 in the subject box. During this 60-day period USCIS will be evaluating whether to revise the Form I-817. Should USCIS decide to revise the Form I-817 it will advise the public when it publishes the 30-day notice in the **Federal Register** in accordance with the Paperwork Reduction Act. The public will then have 30-days to comment on any revisions to the Form I-817. Written comments and suggestions from the public and affected agencies concerning the collection of information should address one or more of the following four points:

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

(2)Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

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

(4)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this Information Collection

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

(2)*Title of the Form/Collection:* Application for Family Unity Benefits.

(3)*Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:* Form I-817; U.S. Citizenship and Immigration Services.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* *Primary:* Individuals or households. The information collected will be used to determine whether the applicant meets the eligibility requirements for benefits under 8 CFR part 245A, Subpart C.

(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* 6,000 responses at 2 hours per response.

(6)*An estimate of the total public burden (in hours) associated with the collection:* 12,000 annual burden hours. If you have additional comments, suggestions, or need a copy of the information collection instrument, please visit: *http://www.regulations.gov/search/index.jsp.* We may also be contacted at: USCIS, Regulatory Management Division, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529, telephone number 202-272-8377. Dated: May 7, 2008. Stephen Tarragon, Acting Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. E8-10545 Filed 5-12-08; 8:45 am] BILLING CODE 9111-97-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5187-N-30] Application and Reporting for Hospital Project Mortgage Insurance/Section 242 AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. This information in the 92013 form is necessary

(a)to determine the viability of a hospital applicant's proposal for mortgage insurance: basic eligibility criteria; underwriting standards; feasibility study; and adequacy of state and/or local certifications, approvals, or waivers and

(b)to regulate and monitor hospitals with insured mortgage loans. The 93305 form is needed to insure proper recordation of project costs, identify and monitor identify of interests between the Mortgagor and General Contractor, subcontractors, suppliers, or equipment lessors and agree upon procedures when such identity of interests arise, and to insure conformity with the National Housing Act and its Regulations. DATES: *Comments Due Date: June 12, 2008.* ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2502-0518) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail Lillian Deitzer at *Lillian_L_Deitzer@HUD.gov* or telephone

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

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

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

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

(4)Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This notice also lists the following information: *Title of Proposal:* Application and Reporting for Hospital Project Mortgage Insurance/Section 242. *OMB Approval Number:* 2502-0518. *Form Numbers:* HUD-92013-HOSP, HUD-93305-M-H. *Description of the Need for the Information and its Proposed Use:* This information in the 92013 form is necessary

(b)to regulate and monitor hospitals with insured mortgage loans. The 93305 form is needed to insure proper recordation of project costs, identify and monitor identify of interests between the Mortgagor and General Contractor, subcontractors, suppliers, or equipment lessors and agree upon procedures when such identity of interests arise, and to insure conformity with the National Housing Act and its Regulations. *Frequency of Submission:* On occasion, quarterly, annually. Number of respondents Annual responses × Hours per response = Burden hours Reporting Burden 18 2 487 17,566 *Total Estimated Burden Hours:* 17,566. *Status:* Revision of a currently approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: May 6, 2008. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E8-10532 Filed 5-12-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. 5161-N-04] Credit Watch Termination Initiative AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice. SUMMARY: This notice advises of the cause and effect of termination of Origination Approval Agreements taken by HUD's Federal Housing Administration

(FHA)against HUD-approved mortgagees through the FHA Credit Watch Termination Initiative. This notice includes a list of mortgagees which have had their Origination Approval Agreements terminated. FOR FURTHER INFORMATION CONTACT: The Quality Assurance Division, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room B133-P3214, Washington, DC 20410-8000; telephone

(202)708-2830 (this is not a toll free number). Persons with hearing or speech impairments may access that number through TTY by calling the Federal Information Relay Service at

(800)877-8339. SUPPLEMENTARY INFORMATION: HUD has the authority to address deficiencies in the performance of lenders' loans as provided in HUD's mortgagee approval regulations at 24 CFR 202.3. On May 17, 1999 HUD published a notice (64 FR 26769), on its procedures for terminating Origination Approval Agreements with FHA lenders and placement of FHA lenders on Credit Watch status (an evaluation period). In the May 17, 1999 notice, HUD advised that it would publish in the **Federal Register** a list of mortgagees, which have had their Origination Approval Agreements terminated. *Termination of Origination Approval Agreement:* Approval of a mortgagee by HUD/FHA to participate in FHA mortgage insurance programs includes an Origination Approval Agreement (Agreement) between HUD and the mortgagee. Under the Agreement, the mortgagee is authorized to originate single-family mortgage loans and submit them to FHA for insurance endorsement. The Agreement may be terminated on the basis of poor performance of FHA-insured mortgage loans originated by the mortgagee. The termination of a mortgagee's Agreement is separate and apart from any action taken by HUD's Mortgagee Review Board under HUD's regulations at 24 CFR part 25. *Cause:* HUD's regulations permit HUD to terminate the Agreement with any mortgagee having a default and claim rate for loans endorsed within the preceding 24 months that exceeds 200 percent of the default and claim rate within the geographic area served by a HUD field office, and also exceeds the national default and claim rate. For the 34th review period, HUD is terminating the Agreement of mortgagees whose default and claim rate exceeds both the national rate and 200 percent of the field office rate. *Effect:* Termination of the Agreement precludes that branch(s) of the mortgagee from originating FHA-insured single-family mortgages within the area of the HUD field office(s) listed in this notice. Mortgagees authorized to purchase, hold, or service FHA insured mortgages may continue to do so. Loans that closed or were approved before the termination became effective may be submitted for insurance endorsement. Approved loans are

(1)those already underwritten and approved by a Direct Endorsement

(DE)underwriter employed by an unconditionally approved DE lender and

(2)cases covered by a firm commitment issued by HUD. Cases at earlier stages of processing cannot be submitted for insurance by the terminated branch; however, they may be transferred for completion of processing and underwriting to another mortgagee or branch authorized to originate FHA insured mortgages in that area. Mortgagees are obligated to continue to pay existing insurance premiums and meet all other obligations associated with insured mortgages. A terminated mortgagee may apply for a new Origination Approval Agreement if the mortgagee continues to be an approved mortgagee meeting the requirements of 24 CFR 202.5, 202.6, 202.7, 202.8 or 202.10 and 202.12, if there has been no Origination Approval Agreement for at least six months, and if the Secretary determines that the underlying causes for termination have been remedied. To enable the Secretary to ascertain whether the underlying causes for termination have been remedied, a mortgagee applying for a new Origination Approval Agreement must obtain an independent review of the terminated office's operations as well as its mortgage production, specifically including the FHA-insured mortgages cited in its termination notice. This independent analysis shall identify the underlying cause for the mortgagee's high default and claim rate. The review must be conducted and issued by an independent Certified Public Accountant

(CPA)qualified to perform audits under Government Auditing Standards as provided by the Government Accountability Office. The mortgagee must also submit a written corrective action plan to address each of the issues identified in the CPA's report, along with evidence that the plan has been implemented. The application for a new Agreement should be in the form of a letter, accompanied by the CPA's report and corrective action plan. The request should be sent to the Director, Office of Lender Activities and Program Compliance, 451 Seventh Street, SW., Room B133-P3214, Washington, DC 20410-8000 or by courier to 490 L'Enfant Plaza, East, SW., Suite 3214, Washington, DC 20024-8000. *Action:* The following mortgagees have had their Agreements terminated by HUD: Mortgagee name Mortgagee branch address HUD office jurisdictions Termination effective date Homeownership centers Assurity Financial Services LLC 6025 S Quebec St Ste 220 Englewood, CO 80111 Denver, CO 3/27/2008 Denver. Benchmark Lending Inc. 105 S Wheeler Street Ste 200 Plant City, FL 33563 Jacksonville, FL 3/27/2008 Atlanta. Heartland Funding Corp. 1442 East Primrose Springfield, MO 65804 Springfield, MO 3/27/2008 Denver. Owens Premier Mortgage, LTD 4545 Fuller Drive Suite 350 Irving, TX 75038 Fort Worth, TX 3/27/2008 Denver. Orchid Island Treasures LLC 115 West Century Road Paramus, NJ 07652 Atlanta, GA 1/31/2008 Philadelphia. Orchid Island Treasures LLC 115 West Century Road Paramus, NJ 07652 Atlanta, GA 1/31/2008 Philadelphia. Gatewood Mortgage Corp 2646 Southloop West Suite 108 Houston, TX 77054 Houston, TX 3/27/2008 Denver. Citizens Bank 31155 Northwestern Highway Farmington Hills, MI 48334 Indianapolis, IN 3/27/2008 Atlanta. Dated: May 5, 2008. Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner. [FR Doc. E8-10533 Filed 5-12-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5187-N-31] Self-Help Homeownership Opportunity Program

(SHOP)Grant Monitoring AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. SHOP provides for funds to purchase home sites and develop/improve infrastructure to support sweat equity and volunteer-based homeownership programs for low-income persons and families. This information collection is to measure performance goals and demonstrate the success of the program. DATES: *Comments Due Date: June 12, 2008.* ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2506-0157) should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail Lillian Deitzer at *Lillian_L_Deitzer@HUD.gov* or telephone

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

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

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

(SHOP)Grant Monitoring. *OMB Approval Number:* 2506-0157. *Form Numbers:* HUD-40215, HUD-40216, HUD-40217, HUD-40218, HUD-40219, and HUD-40220. *Description of the Need for the Information and its Proposed Use:* SHOP provides for funds to purchase home sites and develop/improve infrastructure to support sweat equity and volunteer-based homeownership programs for low-income persons and families. This information collection is to measure performance goals and demonstrate the success of the program. *Frequency of Submission:* On occasion, quarterly, annually. Number of respondents Annual responses × Hours per response = Burden hours Reporting Burden 933 4.13 2.24 8,675 *Total Estimated Burden Hours:* 8,675. *Status:* Extension of a currently approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: May 6, 2008. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E8-10534 Filed 5-12-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Tribal Energy Policy Advisory Committee AGENCY: Bureau of Indian Affairs, Interior. ACTION: Nomination of Tribal Representatives to a Department of the Interior Advisory Committee on Tribal Energy Policy. SUMMARY: The Department of the Interior's Assistant Secretary—Indian Affairs (AS-IA) is forming a Tribal Energy Policy Advisory Committee (Committee) of tribal officials and Federal representatives to provide advice on implementing regulations promulgated under the Indian Tribal Energy Development and Self-Determination Act of 2005

(Act)and other Indian energy resource development matters. The AS-IA is requesting nominations to the Committee for tribal representatives of federally recognized Indian tribes from all of the Bureau of Indian Affairs regions except Alaska (the Act does not include Alaska). DATES: Submit nominations by June 27, 2008. We will not consider nominations received after this date. ADDRESSES: You must submit the nominations for the Tribal Energy Policy Advisory Committee by mail or hand-carry to the Department of the Interior, Office of Indian Energy and Economic Development, Attention: Nominations—Tribal Energy Policy Advisory Committee, Room 20, South Interior Building, 1951 Constitution Avenue, NW., Washington, DC 20245. FOR FURTHER INFORMATION CONTACT: Darryl Francois, Office of Indian Energy and Economic Development, Division of Indian Energy Policy, Room 20, South Interior Building, 1951 Constitution Avenue, NW., Washington, DC 20245, Telephone

(202)219-0740 or Fax

(202)208-4564. SUPPLEMENTARY INFORMATION: On March 10, 2008, the Secretary published final regulations at 25 CFR part 224, which provide that Indian tribes may enter into Tribal Energy Resource Agreements (TERAs) with the Secretary. Under approved TERAs, at their discretion, tribes may enter into leases, business agreements, and rights-of-way for energy resource development without Secretarial review or approval. The purpose of the Committee is to advise the Secretary and the Assistant Secretary—Indian Affairs on Indian energy policy matters. The Committee will meet twice yearly. All Committee representatives are expected to attend each meeting. If selected for Committee membership, tribal representatives must agree that they are able and will inform other interested tribes in their regions of advisory committee activities and bring to the attention of the advisory committee energy resource development concerns of other tribes in their regions. Tribal representative nominees must be elected officials of tribal governments or designated employees of elected tribal officials with authority to act on their behalf. Nominees must have demonstrable background and experience in energy resource development including, but not limited to, technical, administrative, managerial, or financial, aspects of energy resource development. Energy resource development includes resources identified in 25 CFR 224.103. Nominations must be made by tribal leaders on official letterhead. Nominations for each tribal representative must state the nominee's official status with the tribal government (elected official or designated employee with authority to act on an elected official's behalf). Nominations must include relevant background and experience in energy resource development and must include a current resume. Nominations must be accompanied by a tribal resolution that recommends that the nominee be appointed to the Tribal Energy Policy Advisory Committee. The AS-IA will name up to 11 tribal representatives who will be notified in writing of their selection. Tribal representatives' travel expenses to the Committee meetings will be paid in accordance with current General Services Administration regulations. Dated: May 2, 2008. Carl J. Artman, Assistant Secretary—Indian Affairs. [FR Doc. E8-10626 Filed 5-12-08; 8:45 am] BILLING CODE 4310-04-P DEPARTMENT OF THE INTERIOR National Park Service 30-Day Notice of Submission to the Office of Management and Budget (OMB); Opportunity for Public Comment AGENCY: Department of the Interior, National Park Service. ACTION: Notice and request for comments. SUMMARY: Under provisions of the Paperwork Reduction Act of 1995 and 5 CFR Part 1320. Reporting and Recordkeeping Requirements, the National Park Service

(NPS)invites public comments on a proposed new collection of information (OMB # 1024-XXXX). DATES: Public comments on this Information Collection Request

(ICR)will be accepted on or before June 12, 2008. ADDRESSES: You may submit comments directly to the Desk Officer for the Department of the Interior (OMB #1024-XXXX), Office of Information and Regulatory Affairs, OMB, by fax at 202/395-6566, or by electronic mail at *oira_docket@omb.eop.gov* . Please also send a copy of your comments to Angela Walters, Appalachian National Scenic Trail, NPS, P.O. Box 50, Harpers Ferry, WV 25425; Phone: 304/535-6278; Fax: 304/535-6270; E-mail: *angela_walters@nps.gov* . FOR FURTHER INFORMATION CONTACT: Dr. James Gramann, NPS Social Science Program, 1201 “Eye” St., Washington, DC 20005; or via phone at 202/513-7189; or via e-mail at *James_Gramann@partner.nps.gov* . You are entitled to a copy of the entire ICR package free-of-charge. You may access this ICR at *http://www.reginfo.gov/public/.* Comments Received on the 60-Day **Federal Register** Notice The NPS published a 60-Day Notice to solicit public comments on this ICR entitled “Appalachian Trail Management Partner Survey” in the **Federal Register** on January 30, 2008 (73 FR 5588 5589). The comment period closed on March 31, 2008. After multiple notifications to stakeholders requesting comments, the NPS received one comment as a result of the publication of this 60-Day **Federal Register** Notice. One public comment was received on the proposed Appalachian Trail Management Partner Survey (ATMPS). The comment expressed concern over tax dollars being spent on this study. A response was sent to the individual, explaining the necessity of the survey for the NPS to work with its partners to better manage the Appalachian Trail lands. No further comment has been received. SUPPLEMENTARY INFORMATION: *Title:* Appalachian Trail Management Partner Survey. *Survey Bureau Form Number(s):* None. *OMB Number:* To Be requested. *Expiration Date:* To Be requested. *Type of Request:* New collection. *Description of Need:* The NPS Act of 1916, 38 Stat 535, 16 U.S.C. 1, *et seq.* , requires that the NPS preserve national parks for the use and enjoyment of present and future generations. The Appalachian National Scenic Trail is an unusual unit of the national park system, managed through a decentralized volunteer-based cooperative management system involving eight national forests, six other national park units, agencies in fourteen states, the Appalachian Trail Conservancy and citizen volunteers in 30 affiliated trail club organizations. The Government Performance and Results Act

(GPRA)of 1993 (Pub. L. 103-62) requires that the NPS develop goals and measure performance related to these goals. The Appalachian Trail Management Partner Survey (ATMPS) measures performance toward those goals through a partner satisfaction survey. The project is an element of the NPS Strategic Plan and the Department of the Interior

(DOI)Strategic Plan. The purpose of the ATMPS is to track the satisfaction of federal, state, and not-for-profit partner organizations and agencies receiving support from the Appalachian Trail Park Office

(ATPO)to protect trail resources and provide for the public enjoyment and visitor experience of the Appalachian National Scenic Trail. The ATPO provides support to state and federal agencies, and not-for-profit organizations to assist them in fulfilling shared and delegated management activities in the management of the Appalachian National Scenic Trail. Achievement of on-the-ground results depends on the actions of these partner agencies and organizations. Progress towards management goals is measured by a satisfaction survey where key partners evaluate quality of support provided by ATPO. This effort is required by GPRA and other NPS and DOT strategic planning efforts. Data from the proposed survey is needed to assess performance regarding NPS GPRA goal IIbO. NPS performance on all goals measured in this study will contribute to DOI Department-wide performance reports. *Automated data collections:* This information will be collected via electronic mail surveys. *Description of respondents:* Respondents include representatives from partner groups, including non-profit organizations and State and Federal agencies. *Estimated average number of respondents:* 150 respondents (100 respondents and 50 non-respondents). *Estimated average number of responses:* 150 responses (100 responses and 50 non-responses). *Estimated average burden hours per response:* 10 minutes for respondents and 1 minute for non-respondents. *Frequency of Response:* 1 time per respondent. *Estimated total annual reporting burden:* 26 hours. Comments are invited on:

(1)The practical utility of the information being gathered;

(2)the accuracy of the burden hour estimate;

(3)ways to enhance the quality, utility, and clarity of the information being gathered; and

(4)ways to minimize the burden to respondents, including use of automated information collection techniques or other forms of information. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask OMB in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: April 15, 2008. Leonard E. Stowe, NPS, Information Collection Clearance Officer. [FR Doc. E8-10410 Filed 5-12-08; 8:45 am] BILLING CODE 4312-53-M DEPARTMENT OF THE INTERIOR National Park Service 60-Day Notice of Intention To Request Clearance of Collection of Information; Opportunity for Public Comment AGENCY: Department of the Interior, National Park Service. ACTION: Notice and request for comments. SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 and 5 CFR part 1320, Reporting and Record Keeping Requirements, the National Park Service

(NPS)invites public comments on a reinstatement, with change, of a previously approved collection for which approval has expired (OMB# 1024-0216). DATES: Public comments on this Information Collection Request

(ICR)will be accepted on or before July 14, 2008. ADDRESSES: Send Comments To: Jennifer Hoger Russell, Park Studies Unit, College of Natural Resources, University of Idaho, P.O. Box 44139, Moscow, ID 83844-1139; Phone:

(208)885-4806; Fax

(208)885-4261, e-mail: *jhoger@uidaho.edu.* Also, you may send comments to Leonard Stowe, NPS Information Collection Clearance Officer, 1849 C St., NW., (2605), Washington, DC 20240, or by e-mail at *Leonard_stowe@nps.gov* . All responses to this notice will be summarized and included in the request for the Office of Management and Budget

(OMB)approval. All comments will become a matter of public record. *To Request a Draft of Proposed Collection of Information Contact:* Jennifer Hoger Russell, Park Studies Unit, College of Natural Resources, University of Idaho, P.O. Box 44139, Moscow, ID 83844-1139; Phone: 208/885-4806; Fax: 208/885-4261, e-mail: *jhoger@uidaho.edu.* FOR FURTHER INFORMATION CONTACT: Dr. James Gramann, NPS Social Science Program, 1201 “Eye” St., Washington, D.C. 20005; or via phone 202/513-7189; or via e-mail at *James_Gramann@partner.nps.gov* . You are entitled to a copy of the entire ICR package free of charge. SUPPLEMENTARY INFORMATION: *Title:* National Park Service Visitor Survey Card. *Bureau Form Number:* None. *OMB Number:* 1024-0216. *Expiration Date:* To be requested. *Type of Request:* Reinstatement, with change, of a previously approved collection for which approval has expired. *Description of Need:* The National Park Service Act of 1916, 38 Stat 535, 16 U.S.C. 1, *et seq.* , requires that the NPS preserve national parks for the use and enjoyment of present and future generations. At the field level, this means resource preservation, public education, facility maintenance and operation, and physical developments as are necessary for public use, health, and safety. Other Federal rules (National Environmental Policy Act, 1969 and NPS Management Policies) require visitor use data in the impact assessment of development on users and resources as part of each park's general management plan. The Government Performance and Results Act

(GPRA)of 1993 (Pub. L. 103-62) requires that the NPS develop goals to improve program effectiveness and public accountability and to measure performance related to these goals. The Visitor Survey Card

(VSC)Project measures performance toward those goals through a short visitor survey card. The project is an element of the NPS Strategic Plan and the Department of the Interior

(DOT)Strategic Plan. The NPS has used the VSC to conduct surveys at approximately 330 National Park System units annually since 1998. The purpose of the VSC is to measure visitors' opinions about park facilities, services, and recreational opportunities in each park unit and Systemwide. This effort is required by GPRA and other NPS and DOT strategic planning efforts. Data from the proposed survey is needed to assess performance regarding NPS GPRA goals IIa1 and IIb1. The relevant NPS GPRA goals state: II. Provide for the public enjoyment and visitor experience of parks; IIa1. 95% of park visitors are satisfied with appropriate park facilities, services, and recreational opportunities; IIb1. 86% of park visitors understand and appreciate the significance of the park they are visiting. In addition, the survey collects data to support the DOI Strategic Plan goal on visitor satisfaction with the value for entrance fees paid to access public lands managed by the DOI. NPS performance on all goals measured in this study will contribute to DOI Department-wide performance reports. Results of the VSC will also be used by park managers to improve visitor services at the approximately 330 units of the National Park System where the survey is administered. The VSC is a component of the Visitors Services Project, which is funded by the NPS through a cooperative agreement with the Park Studies Unit at the University of Idaho. In 1998, the NPS received clearance for the Visitor Survey Card (OMB# 1024-0216). When that three-year clearance expired on May 31, 2001, a new clearance was acquired under the Programmatic Approval for NPS-Sponsored Public Surveys (1024-0224, NPS #01-003). Clearance was again acquired in 2005 under the Programmatic Approval for NPS-Sponsored Public Surveys (10240224, NPS #05-004). This request is another extension of the on-going study. Comments are invited on:

(1)The practical utility of the information being gathered;

(2)the accuracy of the burden hour estimate;

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

(4)ways to minimize the burden to respondents, including use of automated information collection techniques or other forms of information technology. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. *Automated data collection:* This information will be collected via mail-back surveys and on-site drop-off surveys using locked collection boxes. No automated data collection will take place. *Description of respondents:* Visitors to approximately 330 NPS units. *Estimated average number of respondents:* 132,000 respondents (95,000 non-respondents and 37,000 respondents). *Estimated average number of responses:* 132,000 responses (95,000 non-responses and 37,000 responses). *Estimated average time burden per respondent:* 1 minute for non-respondents and 3 minutes for respondents. *Frequency of Response:* 1 time per respondent. *Estimated total annual reporting burden:* 3,433 hours. Dated: May 5, 2008. Leonard E. Stowe, NPS, Information Collection Clearance Officer. [FR Doc. E8-10411 Filed 5-12-08; 8:45 am] BILLING CODE 4312-53-M DEPARTMENT OF THE INTERIOR National Park Service Delaware Water Gap National Recreation Area Citizen Advisory Commission Meeting AGENCY: National Park Service; Interior. ACTION: Notice of public meeting. SUMMARY: This notice announces a public meeting of the Delaware Water Gap National Recreation Area Citizen Advisory Commission. Notice of this meeting is required under the Federal Advisory Committee Act, as amended (5 U.S.C. App. 2). DATES: Saturday, June 14, 2008, 10 a.m. ADDRESSES: Bushkill Meeting Center, 209 Road (just south of the blinking light at Bushkill Falls Rd.), Bushkill, PA 18324. The agenda will include reports from Citizen Advisory Commission members including committees such as Cultural and Historical Resources, and Natural Resources. Superintendent John J. Donahue will give a report on various park issues, including cultural resources, natural resources, construction projects, and partnership ventures. The agenda is set up to invite the public to bring issues of interest before the Commission. FOR FURTHER INFORMATION CONTACT: Superintendent John J. Donahue, 570-426-2418. SUPPLEMENTARY INFORMATION: The Delaware Water Gap National Recreation Area Citizen Advisory Commission was established by Public Law 100-573 to advise the Secretary of the Interior and the United States Congress on matters pertaining to the management and operation of the Delaware Water Gap National Recreation Area, as well as on other matters affecting the recreation area and its surrounding communities. Dated: March 21, 2008. John J. Donahue, Superintendent. [FR Doc. E8-10486 Filed 5-12-08; 8:45 am] BILLING CODE 4312-J6-M INTERNATIONAL TRADE COMMISSION [USITC SE-08-011] Government in the Sunshine Act Meeting Notice Agency Holding the Meeting: United States International Trade Commission. Time and Date: May 28, 2008 at 11 a.m. Place: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone:

(202)205-2000. Status: Open to the public. Matters To Be Considered 1. *Agenda for future meetings:* none. 2. Minutes. 3. Ratification list. 4. Inv. Nos. 701-TA-456 and 731-TA-1151 and 1152 (Preliminary) (Citric Acid and Certain Citric Salts from Canada and China)—briefing and vote. (The Commission is currently scheduled to transmit its determinations to the Secretary of Commerce on or before May 29, 2008; Commissioners' opinions are currently scheduled to be transmitted to the Secretary of Commerce on or before June 5, 2008.) 5. *Outstanding action jackets:* none. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. Issued: May 7, 2008. By order of the Commission. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E8-10601 Filed 5-12-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [USITC SE-08-012] Government in the Sunshine Act Meeting Notice Agency Holding the Meeting: United States International Trade Commission. Time and Date: May 29, 2008 at 11 a.m. Place: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone:

(202)205-2000. Status: Open to the public. Matters To Be Considered 1. *Agenda for future meetings:* None. 2. Minutes. 3. Ratification List. 4. Inv. No. 731-TA-744 (Second Review) (Brake Rotors from China)—briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners' opinions to the Secretary of Commerce on or before June 11, 2008). 5. *Outstanding action jackets:* None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. Issued: May 7, 2008. By order of the Commission. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E8-10604 Filed 5-12-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [USITC SE-08-013] Government In the Sunshine Act Meeting Notice Agency Holding the Meeting: United States International Trade Commission. Time and Date: June 3, 2008 at 2 p.m. Place: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone:

(202)205-2000. Status: Open to the public. Matters To Be Considered 1. *Agenda for future meetings:* None. 2. Minutes. 3. Ratification List. 4. Inv. Nos. 701-TA-417 and 731-TA-953, 954, 957-959, 961, and 962 (Review) (Carbon and Certain Alloy Steel Wire Rod from Brazil, Canada, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine)—briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners' opinions to the Secretary of Commerce on or before June 16, 2008) . 5. *Outstanding action jackets:* None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. Issued: May 7, 2008. By order of the Commission. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E8-10605 Filed 5-12-08; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Notice Of Proposed Agreement Regarding Alleged Non-Compliance with Consent Decree in United States v. Mack Trucks, Inc. Notice is hereby given of a proposed Agreement Regarding Alleged Non-Compliance with Consent Decree (“Agreement”) in the case of *United States* v. *Mack Trucks, Inc.,* Civil Action No. 98-01495, in the United States District Court for the District of Columbia. The agreement was filed on May 7, 2008. The Agreement resolves a matter involving Mack's alleged failure to comply with a 1999 Consent Decree settling claims under Title II of the Clean Air Act, 42 U.S.C. 7521 *et seq.* (the “Act”), regarding the alleged use of illegal emission-control “defeat devices” on Mack's 1998 and prior heavy-duty diesel engines (“HDDEs”). Specifically at issue is Mack's omission of 5786 engines from its Low NO <sup>X</sup> Rebuild Program. This violation is addressed through Mack's payment of an agreed penalty in the amount of $300,000, to be shared between the United States and the California Air Resources Board. Mack will also conduct a campaign to install 1200 additional Low NO <sup>X</sup> reflashes on eligible engines. The Department of Justice will receive for a period of thirty

(30)days from the date of this publication comments relating to the Agreement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, or e-mailed to *pubcomment-ees.enrd@usdoj.gov* and should refer to *United States* v. *Mack Trucks, Inc.,* D.J. Ref. 90-5-2-1-2251. During the public comment period, the Agreement may be examined on the following Department of Justice Web site, *http://www.usdoj.gov/enrd/Consent_Decrees.html* . A copy of the Agreement may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood ( *tonia.fleetwood@usdoj.gov* ), fax no.

(202)514-0097, phone confirmation number

(202)514-1547. In requesting a copy of the Decree from the Consent Decree Library, please enclose a check in the amount of $2.50 (25 cents per page reproduction cost for 10 pages) payable to the U.S. Treasury, or if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Karen Dworkin, Assistant Chief, Environmental Enforcement Section. [FR Doc. E8-10621 Filed 5-12-08; 8:45 am] BILLING CODE 4410-15-P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Residential Lead-Based Paint Hazard Reduction Act Notice is hereby given that on April 29, 2008, a proposed Consent Decree in *United States* v. *A & M Properties, Inc* ., Civil Action No.2:08-cv-11814, was lodged with the United States District Court for the Eastern District of Michigan. The consent decree settles claims against the owner and management company of two residential properties containing approximately five units located in the area of Detroit, Michigan. The claims were brought on behalf of the Environmental Protection Agency (“U.S. EPA”) and the Department of Housing and Urban Development (“HUD”) under the Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C. 4851 *et seq* . (“Lead Hazard Reduction Act”). The United States alleged in the complaint that the defendant failed to make one or more of the disclosures or to complete one or more of the disclosure activities required by the Lead Hazard Reduction Act. Under the Consent Decree, the Defendant will certify that it is complying with residential lead paint notification requirements. The Defendant will submit an on-going operations and maintenance plan and will complete abating lead-based paint hazards identified in all residential properties owned by A & M Properties, Inc. that are not certified lead-based paint free. In addition, Defendant will pay an administrative penalty of $42,500. The Department of Justice will receive for a period of thirty

(30)days from the date of this publication comments relating to the Proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to *pubcomment-ees.enrd@usdoj.gov* or mailed to U.S. Department of Justice, Washington, DC 20044-7611 P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should refer to *United States* v. *A & M Properties, Inc.* , D.J. Ref. #90-5-2-1-08345. The Proposed Consent Decree may be examined at the Department of Housing and Urban Development, Office of General Counsel, 451 7th St., NW., Room 9262, Washington, DC 20410; at the office of the United States Attorney for the Eastern District of Michigan, 211 Fort Street, Suite 2001, Detroit, Michigan, 48226 (Attn. Assistant United States Attorney Carolyn Bell-Harbin); and at U.S. EPA Region 5, 77 W. Jackson Blvd., Chicago, IL 60604. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site, to *http://www.usdoj.gov/enrd/Consent_Decrees.html* . A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood ( *tonia.fleetwood@usdoj.gov* ), fax no.

(202)514-0097, phone confirmation number

(202)514-1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $9.00 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Karen Dworkin, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8-10624 Filed 5-12-08; 8:45 am] BILLING CODE 4410-CW-P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act Notice is hereby given that on May 7, 2008, a proposed Third Partial Consent Decree (“Consent Decree”) in *United States* v. *Valley Wood Preserving, Inc. et al.* , Civil Action No. 94-CV-05984 REC(SMS), was lodged with the United States District Court for the Eastern District of California. In this action, the United States sought reimbursement of response costs incurred and to be incurred in connection with the Valley Wood Preserving, Inc. Superfund Site in Turlock, California, pursuant to Section 107 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9607. Under the Consent Decree, Valley Wood Preserving, Inc. and Joyce Logsdon will pay twenty thousand three hundred dollars of response ($20,300) costs that have been incurred by the United States. The Department of Justice will receive for a period of thirty

(30)days from the date of this publication comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to *pubcomment-ees.enrd@usdoj.gov* or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should refer to *United States* v. *Valley Wood Preserving, Inc. et al.* , D.J. Ref. No. 90-11-3-835. During the public comment period, the Consent Decree may be examined on the following Department of Justice Web site: *http://www.usdoj.gov/enrd/Consent_Decrees.html* . A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, or by faxing or e-mailing a request to Tonia Fleetwood ( *tonia.fleetwood@usdoj.gov* ), fax number

(202)514-0097, phone confirmation number

(202)514-1547. In requesting a copy of the Consent Decree from the Consent Decree Library, please enclose a check in the amount of $4.50 (25 cents per page reproduction cost) payable to the U.S. Treasury, or, if by email or fax, forward a check in that amount to the Consent Decree Library at the stated address. Henry Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8-10665 Filed 5-12-08; 8:45 am] BILLING CODE 4410-15-P DEPARTMENT OF JUSTICE Antitrust Division Proposed Termination of Final Decrees Notice is hereby given that True Temper Sports, Inc. (“True Temper”), successor in interest to defendant True Temper Corporation, has filed a motion to terminate the Final Judgment entered in *United States* v. *True Temper Corporation,* Civil No. 58-C-I 158, 1959 Trade Cas. (CCI-1) & 69,441 (ND. Ill. 1959), on August 20, 1959 (“1959 Final Judgment”) and the Final Judgment entered in *United States* v. *True Temper Corporation, et al.* , Civil No. 5 8-C 1159, 1961 Trade Cas.

(CCH)& 70,090 (N.D. Ill. 1961), on August 1, 1961 (“1961 Final Judgment”). Notice is also hereby given that the Antitrust Division of the United States Department of Justice (“the Department”), in a stipulation also filed with the Court, tentatively has consented to termination of the 1959 Final Judgment and the 1961 Final Judgment, but has reserved the right to withdraw its consent pending receipt of public comments. On June 30, 1958 the United States filed a complaint against sole defendant True Temper alleging that True Temper and several co-conspirators conspired to restrain and monopolize the manufacture and sale of steel golf club shafts. Prior to trial True Temper settled the charges by accepting entry of the 1959 Final Judgment on August 20, 1959. Also on June 30, 1958 the United States filed a complaint against True Temper and four golf club manufacturers alleging that they conspired to restrain and monopolize markets for golfclubs and steel shafts. Prior to trial the defendants settled the charges by accepting entry of the 1961 Final Judgment on August 1, 1961. The Department has filed with the Court a memorandum setting forth the reasons why the United States believes that the termination of the 1959 Final Judgment and the 1961 Final Judgment would serve the public interest. Copies of the motion to terminate, the stipulation containing the United States' tentative consent, the United States' memorandum, and all further papers filed with the Court in connection with the motion to terminate will be available for inspection at the Antitrust Documents Group, Antitrust Division, Suite 1010, 450 Fifth Street, NW., Washington, DC 20530, on the Web site at *http://www.usdoj.gov/atr* , and at the Office of the Clerk of the United States District Court for the Northern District of Illinois, Eastern Division. Copies of these materials may be obtained from the Antitrust Division upon request and payment of the copying fee set by Department of Justice regulations. Interested persons may submit comments regarding the proposed termination of the 1959 Final Judgment and the 1961 Final Judgment to the United States. Such comments must be received by the Antitrust Division within sixty

(60)days and will be filed with the Court by the United States. Comments should be addressed to Marvin N. Price, Chief, Chicago Field Office, Antitrust Division, U.S. Department of Justice, 209 South LaSalle Street, Chicago, Illinois, 312/353-7530. Patricia A. Brink, Deputy Director of Operations, Antitrust Division. [FR Doc. E8-10416 Filed 5-12-08; 8:45 am] BILLING CODE 4410-11-M DEPARTMENT OF JUSTICE Parole Commission [6P04091] Public Announcement; Sunshine Act Meeting Pursuant to the Government in the Sunshine Act (Pub. L. 94-409) [5 U.S.C. Section 552b]. Agency Holding Meeting: Department of Justice, United States Parole Commission. Time and Date: 10 a.m., Tuesday, May 13, 2008. Place: 5550 Friendship Boulevard, Fourth Floor, Chevy Chase, Maryland 20815. Status: Open. Matters To Be Considered: The following matters have been placed on the agenda for the open Parole Commission meeting: 1. Approval of Minutes of January, February and March 2008 Quarterly Business Meeting. 2. Reports from the Chairman, Commissioners, Chief of Staff, and Section Administrators. 3. YRA Misdemeanor Offenders—Use of Misconduct Reports to Issue Set Aside Certificates. Agency Contact: Thomas W. Hutchison, Chief of Staff, United States Parole Commission,

(301)492-5990. Dated: May 5, 2008. Rockne J. Chickinell, General Counsel, U.S. Parole Commission. [FR Doc. E8-10406 Filed 5-12-08; 8:45 am] BILLING CODE 4410-31-M DEPARTMENT OF JUSTICE Parole Commission [6P04091] Public Announcement; Sunshine Act Meeting Pursuant To The Government In the Sunshine Act (Pub. L. 94-409) [5 U.S.C. Section 552b]. Agency Holding Meeting: Department of Justice, United States Parole Commission. Date And Time: 12 p.m., Tuesday, May 13, 2008. Place: U.S. Parole Commission, 5550 Friendship Boulevard, 4th Floor, Chevy Chase, Maryland 20815. Status: Closed. Matters Considered: The following matter will be considered during the closed portion of the Commission's Business Meeting: Petition for reconsideration involving four original jurisdiction cases pursuant to 28 CFR 2.27. Agency Contact: Thomas W. Hutchison, Chief of Staff, United States Parole Commission,

(301)492-5990. Dated: May 5, 2008. Rockne J. Chickinell, General Counsel, U.S. Parole Commission. [FR Doc. E8-10407 Filed 5-12-08; 8:45 am] BILLING CODE 4410-31-M DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,945] Delphi Corporation, Automotive Holding Group, Chassis Business Support Functions, Including On-Site Leased Workers From Kforce Staffing, Kettering, Ohio; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on September 20, 2007, applicable to workers of Delphi Corporation, Automotive Holding Group, Chassis Business Support Functions, Kettering, Ohio. The notice was published in the **Federal Register** on October 3, 2007 (72 FR 56384). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers provide a variety of business services for an automotive brake parts manufacturing facility. New information shows that leased workers of Kforce Staffing were employed on-site at the Kettering, Ohio location of Delphi Corporation, Automotive Holding Group, Chassis Business Support Functions. The Department has determined that these workers were sufficiently under the control of the subject firm to be considered leased workers. Based on these findings, the Department is amending this certification to include leased workers of Kforce Staffing working on-site at the Kettering, Ohio location of the subject firm. The intent of the Department's certification is to include all workers employed at Delphi Corporation, Automotive Holding Group, Chassis Business Support Functions, Kettering, Ohio, who were adversely affected by increased imports. The amended notice applicable to TA-W-61,945 is hereby issued as follows: “All workers of Delphi Corporation, Automotive Holdings Group, Chassis Business Support Functions, including on-site leased workers from Kforce Staffing, Kettering, Ohio, (excluding workers of Delphi at other Kettering, Ohio Locations: Delphi Corporation, Automotive Holdings Group, Formerly Delphi Energy Chassis Systems Division, Kettering, Ohio (TA-W-57,754) and Delphi Corporation, Automotive Holdings Group, Chassis Division, Kettering, Ohio (TA-W-61,950)), who became totally or partially separated from employment on or after August 3, 2006, through September 20, 2009, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.” Signed at Washington, DC this 30th day of April 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-10586 Filed 5-12-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,038] Delphi Corporation, Automotive Holdings Group, Including On-Site Leased Workers from Bartech, Msx, Inc., Production Design Services, Troy Design and Setech, Inc., Moraine, OH; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on March 16, 2007, applicable to workers of Delphi Corporation, Automotive Holdings Group, including on-site leased workers from Bartech, MSX, Inc., Production Design Services and Troy Design, Moraine, Ohio. The notice was published in the **Federal Register** on March 30, 2007 (72 FR 15167). At the request of the petitioners, the Department reviewed the certification for workers of the subject firm. The workers were engaged in the production of automotive compressors and pistons. New information shows that leased workers of Setech, Inc. were employed on-site at the Moraine, Ohio location of Delphi Corporation, Automotive Holdings Group. The Department has determined that these workers were sufficiently under the control of the subject firm to be considered leased workers. Based on these findings, the Department is amending this certification to include leased workers of Setech, Inc. working on-site at the Moraine, Ohio location of the subject firm. The intent of the Department's certification is to include all workers employed at Delphi Corporation, Automotive Holdings Group, Moraine, Ohio, who were adversely affected by a shift in production of automotive compressors and pistons to Mexico. The amended notice applicable to TA-W-61,038 is hereby issued as follows: “All workers of Delphi Corporation, Automotive Holdings Group, including on-site leased workers of Bartech, MSX, Inc., Production Design Services, Troy Design and Setech, Inc., Moraine, Ohio, who became totally or partially separated from employment on or after February 26, 2006 through March 16, 2009, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.” Signed at Washington, DC this 1st day of May 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-10585 Filed 5-12-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance Petitions have been filed with the Secretary of Labor under Section 221(a) of the Trade Act of 1974 (“the Act”) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to Section 221(a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than May 23, 2008. Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than May 23, 2008. The petitions filed in this case are available for inspection at the Office of the Director, Division of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room C-5311, 200 Constitution Avenue, NW., Washington, DC 20210. Signed at Washington, DC, this 25th day of April 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. Appendix [TAA petitions instituted between 4/21/08 and 4/25/08] TA-W Subject firm (petitioners) Location Date of institution Date of petition 63218 Weyerhaeuser Company I Level Veneer Technologies

(Comp)Junction City, OR 04/21/08 04/09/08 63219 OCV Fabrics, Inc.

(Comp)Ridgeway, SC 04/21/08 04/17/08 63220 Starbrook Industries, Inc.

(Comp)Covington, OH 04/21/08 04/14/08 63221 IAC Corporation

(Comp)Dayton, TN 04/21/08 04/16/08 63222 Brockway Mould, Inc.

(USW)Brockport, PA 04/21/08 04/08/08 63223 San Diego Union-Tribune

(Wkrs)San Diego, CA 04/21/08 04/10/08 63224 Intermedia Marketing Solutions

(Wkrs)Indiana, PA 04/21/08 04/17/08 63225 Chicago Pneumatic Tool Company, LLC

(Wkrs)Charlotte, NC 04/21/08 04/15/08 63226 Semperian, GMAC, LLC

(Wkrs)Eugene, OR 04/21/08 04/12/08 63227 Mohawk (a divison of Bolden Wire and Cable)

(Wkrs)Leominster, MA 04/21/08 04/14/08 63228 Galey & Lord, LLC

(Comp)Columbus, GA 04/22/08 04/21/08 63229 Krohne, Inc. (State) Peabody, MA 04/22/08 04/22/08 63230 Value City Department Store #152

(Wkrs)Uniontown, PA 04/22/08 04/21/08 63231 Steelcase, Inc.

(Comp)Grand Rapids, MI 04/22/08 04/18/08 63232 GAE Warren, LLC

(Comp)Warren, OH 04/22/08 04/21/08 63233 MPC Computers, LLC

(Comp)La Vergne, TN 04/23/08 04/22/08 63234 Consoltex International, Inc.

(Comp)New York, NY 04/23/08 04/22/08 63235 South Print, Inc.

(Wkrs)Reidsville, NC 04/23/08 04/22/08 63236 Avaya, Inc. (State) Westminster, CO 04/23/08 04/22/08 63237 Ven Ply, Inc. (State) High Point, NC 04/23/08 04/23/08 63238 Alliance Industries, Inc.

(Comp)Troy, IN 04/23/08 04/22/08 63239 The Hertz Corporation

(Wkrs)Oklahoma City, OK 04/24/08 04/21/08 63240 Bartlett Corporation

(Comp)Muncie, IN 04/24/08 04/23/08 63241 Kataddin Precision Components

(Comp)Bangor, ME 04/24/08 04/18/08 63242 Perry Marketing Corporation

(Comp)Miami, FL 04/24/08 04/23/08 63243 Leiner Health Products

(Wkrs)Wilson, NC 04/24/08 04/24/08 63244 RFMD

(Wkrs)Greensboro, NC 04/25/08 04/24/08 63245 Alchem Aluminum Shelbyville, Inc.

(Comp)Shelbyville, TN 04/25/08 04/24/08 63246 I.H.S. Warehousing, Inc.

(Comp)Midland, MI 04/25/08 04/18/08 63247 AGC Flat Glass North America, Inc. (AFLCIO) Church Hill, TN 04/25/08 04/23/08 63248 Polytech Coating Labs of USA, Inc.

(Comp)Reading, PA 04/25/08 04/24/08 63249 Starkey Northwest

(Wkrs)Portland, OR 04/25/08 04/23/08 63250 Ripley Complex

(Comp)Ripley, MS 04/25/08 04/22/08 63251 Culp Woven Velvets

(Comp)Anderson, SC 04/25/08 04/23/08 63252 LSI Corporation

(Comp)Wichita, KS 04/25/08 04/24/08 [FR Doc. E8-10582 Filed 5-12-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA-W) number and alternative trade adjustment assistance

(ATAA)by (TA-W) number issued during the period of April 21 through April 25, 2008. In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. *Section (a)(2)(A) all of the following must be satisfied:* A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and C. Increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers' separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. *Section (a)(2)(B) both of the following must be satisfied:* A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. There has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. *One of the following must be satisfied:* 1. The country to which the workers' firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. The country to which the workers' firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. There has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. Also, in order for an affirmative determination to be made for secondarily affected workers of a firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(b) of the Act must be met.

(1)Significant number or proportion of the workers in the workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated;

(2)The workers' firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and

(3)Either—

(A)the workers' firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph

(2)accounted for at least 20 percent of the production or sales of the workers' firm; or

(B)A loss of business by the workers' firm with the firm (or subdivision) described in paragraph

(2)Contributed importantly to the workers' separation or threat of separation. In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance

(ATAA)for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met. 1. Whether a significant number of workers in the workers' firm are 50 years of age or older. 2. Whether the workers in the workers' firm possess skills that are not easily transferable. 3. The competitive conditions within the workers' industry ( *i.e.* , conditions within the industry are adverse). Affirmative Determinations for Worker Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) of the Trade Act have been met. *TA-W-63,071; Rohm and Haas Company, Electronic Materials Division, Marlborough, MA: March 26, 2007* *TA-W-63,071A; Rohm and Haas Company, Electronic Materials Division, Dallas, OR: March 26, 2007* *TA-W-63,071B; Rohm and Haas Company, Electronic Materials Division, Portland, OR: March 26, 2007* *TA-W-63,071C; Rohm and Haas Company, Electronic Materials Division, Sebastopol, CA: March 26, 2007* *TA-W-63,071D; Rohm and Haas Company, Electronic Materials Division, Corona, CA: March 26, 2007* *TA-W-63,071E; Rohm and Haas Company, Electronic Materials Division, Saratoga, CA: March 26, 2007* *TA-W-63,071F; Rohm and Haas Company, Electronic Materials Division, Canton, TX: March 26, 2007* *TA-W-63,071G; Rohm and Haas Company, Electronic Materials Division, Gardner, MA: March 26, 2007* *TA-W-63,071H; Rohm and Haas Company, Electronic Materials Division, Lock Haven, PA: March 26, 2007* *TA-W-63,039; Yanni's Design, Development and Supplies, Inc., Appleton, WI: March 19, 2007* The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) of the Trade Act have been met. *None.* The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met. *None.* The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) of the Trade Act have been met. *None.* Affirmative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-62,965; K-Ply, Inc., A Subsidiary of Klukwan, Inc., Port Angeles, WA: March 3, 2007* *TA-W-63,001; Arrmaz Product, L.P., Lobeco Division, Seabrook, SC: March 6, 2007* *TA-W-63,093; Saint-Gobain Vetrotex America, Wichita Falls, TX: March 19, 2007* *TA-W-63,147; The Cutting Company, Inc., Bath, PA: April 4, 2007* *TA-W-63,161; Elrae Industries, Inc., On-Site Leased Wkrs From WGW, Alden, NY: March 17, 2007* *TA-W-63,188; Emerson Motor Company, Industrial Motor Division, Princeton, IN: April 14, 2007* *TA-W-63,148; Rosy Production, Inc., Brooklyn, NY: March 3, 2007* The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-62,896; Ingersoll-Rand Company, Security Technologies Division, On-Site Workers of Adecco, Colorado Springs, CO: February 21, 2007* *TA-W-63,015; CNI-Owosso, LLC, A Subsidiary of NICA, Inc., Owosso, MI: March 14, 2007* *TA-W-63,018; Unique Balance, Inc., Alderson, WV: March 17, 2007* *TA-W-63,025; Sanmina-SCI Corporation, Regional Finance Center, Guntersville, AL: March 12, 2007* *TA-W-63,085; Trimtex Company, Inc., Williamsport, PA: March 24, 2007* *TA-W-63,110; Hanesbrands, Inc., Advance, NC: February 18, 2007* *TA-W-63,110A; Hanesbrands, Inc., Asheboro, NC: February 18, 2007* *TA-W-63,160; Vesuvius USA, Foundry Division, Buffalo, NY: April 3, 2007* *TA-W-63,163; Saint-Gobain Performance Plastics, Polymer* *Products Division, Bristol, RI: April 8, 2007* *TA-W-63,167; Russell Corporation, Russell Athletic Focused Factory, Alexander City, AL: April 2, 2007* *TA-W-63,189; Imation Corporation, Wahpeton, ND: June 14, 2008* *TA-W-63,057; Cytec Industries, Willow Island, WV: March 20, 2007* *TA-W-63,124; Berkline/Benchcraft LLC, Plant 8, Lenoir City, TN: April 1, 2007* *TA-W-63,145; Alltrista Plastics, LLC, dba Jarden Plastic Solutions, Tupper Lake Division, Tupper Lake, NY: April 4, 2007* The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-62,273B; Delphi Corporation, Brake Hose Division, On-Site Leased Wkrs From Bartech, Dayton, OH: October 8, 2006* *TA-W-62,990; Airline Manufacturing Co., Inc., Columbus, MS: March 4, 2001* *TA-W-63,026; Pioneer Manufacturing Company, Inc., Colorado Springs, CO: March 18, 2007* *TA-W-63,037; Webb Furniture Enterprises, Inc., American Mirror Division, Leased Wkrs from Manpower, Galax, VA: March 14, 2007* *TA-W-63,090; Bright Wood Corporation, Bend, OR: March 27, 2007* The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *None.* Negative Determinations for Alternative Trade Adjustment Assistance In the following cases, it has been determined that the requirements of 246(a)(3)(A)(ii) have not been met for the reasons specified. The Department has determined that criterion

(1)of Section 246 has not been met. The firm does not have a significant number of workers 50 years of age or older. *None.* The Department has determined that criterion

(2)of Section 246 has not been met. Workers at the firm possess skills that are easily transferable. *TA-W-63,071; Rohm and Haas Company, Electronic Materials Division, Marlborough, MA.* *TA-W-63,071A; Rohm and Haas Company, Electronic Materials Division, Dallas, OR.* *TA-W-63,071B; Rohm and Haas Company, Electronic Materials Division, Portland, OR.* *TA-W-63,071C; Rohm and Haas Company, Electronic Materials Division, Sebastopol, CA.* *TA-W-63,071D; Rohm and Haas Company, Electronic Materials Division, Corona, CA.* *TA-W-63,071E; Rohm and Haas Company, Electronic Materials Division, Saratoga, CA.* *TA-W-63,071F; Rohm and Haas Company, Electronic Materials Division, Canton, TX.* *TA-W-63,071G; Rohm and Haas Company, Electronic Materials Division, Gardner, MA.* *TA-W-63,071H; Rohm and Haas Company, Electronic Materials Division, Lock Haven, PA.* *TA-W-63,039; Yanni's Design, Development and Supplies, Inc., Appleton, WI.* The Department has determined that criterion

(3)of Section 246 has not been met. Competition conditions within the workers' industry are not adverse. *None.* Negative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In the following cases, the investigation revealed that the eligibility criteria for worker adjustment assistance have not been met for the reasons specified. Because the workers of the firm are not eligible to apply for TAA, the workers cannot be certified eligible for ATAA. The investigation revealed that criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) (employment decline) have not been met. *TA-W-63,017; Quantum Corporation, Irvine, CA.* *TA-W-63,159; Ametek, Inc., Floorcare and Specialty Motors Division, Kent, OH.* *TA-W-63,170; General Electric Company, Consumer and Electrical Division, Plainville, CT.* *TA-W-63,234; Consoltex International, Inc., New York Sales Office, New York, NY.* The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. *None.* The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. *TA-W-62,862; Liz Claiborne, Inc., Dana Buchman Division, Sample Room, New York, NY.* *TA-W-62,899; Profilia Corporation, City of Commerce, CA.* *TA-W-63,109; Evergy, Inc., A Subsidiary of Tecumseh Products Co., Paris, TN.* The workers' firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. *TA-W-62,646; Pfizer Global Manufacturing—Unit 40749, Pfizer Global Manufacturing Division, Portage, MI.* *TA-W-63,060; KB Pacific LLC, dba Keith Brown Building Materials, Madras, OR.* *TA-W-63,082; Nortel, Software Data and Configuration Services, Research Triangle Park, NC.* *TA-W-63,195; Roadway Express, A Subsidiary of YRC Worldwire, Rockingham, NC.* *TA-W-63,198; Dakota Imaging, LLC, A Division of Emdeon Business Services, LLC, El Paso, TX.* The investigation revealed that criteria of Section 222(b)(2) has not been met. The workers' firm (or subdivision) is not a supplier to or a downstream producer for a firm whose workers were certified eligible to apply for TAA. *None.* I hereby certify that the aforementioned determinations were issued during the period of April 21 through April 25, 2008. Copies of these determinations are available for inspection in Room C-5311, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address. Dated: May 5, 2008. Erin Fitzgerald, Director, Division of Trade Adjustment Assistance. [FR Doc. E8-10584 Filed 5-12-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,821] Ameridrives International, Llc, Erie, PA; Notice of Negative Determination Regarding Application for Reconsideration By application dated April 3, 2008, petitioners requested administrative reconsideration of the Department's negative determination regarding eligibility for workers and former workers of the subject firm to apply for Trade Adjustment Assistance

(TAA)and Alternative Trade Adjustment Assistance (ATAA). The denial notice was signed on March 11, 2008 and published in the **Federal Register** on March 26, 2008 (73 FR 16064). Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances:

(1)If it appears on the basis of facts not previously considered that the determination complained of was erroneous;

(2)If it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or

(3)If in the opinion of the Certifying Officer, a mis-interpretation of facts or of the law justified reconsideration of the decision. The TAA petition, which was filed on behalf of workers at Ameridrives International, LLC, Erie, Pennsylvania engaged in the production of industrial couplings, was denied based on the findings that during the relevant time period, sales and production of industrial couplings at the subject firm did not decrease and no shift in production to a foreign country occurred. In the request for reconsideration, the petitioners provided the same reasons, as in the initial petition, why workers of the subject firm should be eligible for TAA. In particular, the petitioners alleged that a 202.5 Spacer (Part# 079507-001) “at one time was machined complete at Ameridrives and is now being manufactured at Great Taiwan Gear in Taiwan.” The company official was contacted to address this allegation. The official indicated that production of 202.5 Spacer (Part# 079507-001) ceased at the subject firm in 2005. When assessing eligibility for TAA, the Department exclusively considers production during the relevant time period (one year prior to the date of the petition). Therefore, events occurring in 2005 are outside of the relevant time period and are not relevant in this investigation. The petitioners also stated that “large universal joint components such as yokes, crosses and roller bearings are now all purchased from China”. The company official stated that yokes, crosses and roller bearings are “raw state materials” used in the production of industrial couplings. The official also stated that since 1999 manufacturing of these parts have been outsourced to other companies as they were no longer produced at the subject firm. The petitioners attached two documents showing Ameridrives foreign sister facilities, where “products formerly made in Erie could be possibly now be manufactured.” According to the company official, none of the Ameridrives foreign facilities manufacture like or directly competitive products with industrial couplings manufactured by the subject facility in Erie, Pennsylvania. The petitioner did not supply facts not previously considered; nor provide additional documentation indicating that there was either

(1)a mistake in the determination of facts not previously considered or

(2)a misinterpretation of facts or of the law justifying reconsideration of the initial determination. After careful review of the request for reconsideration, the Department determines that 29 CFR 90.18(c) has not been met. Conclusion After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor's prior decision. Accordingly, the application is denied. Signed at Washington, DC, this 7th day of May, 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-10591 Filed 5-12-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,661] Agilent Technologies, Measurement Systems Division, Loveland, CO; Notice of Revised Determination on Reconsideration On April 17, 2008, the Department issued an Affirmative Determination Regarding Application on Reconsideration applicable to workers and former workers of the subject firm. The notice was published in the **Federal Register** on April 25, 2008 (73 FR 22433-22434). The previous investigation was initiated on January 11, 2008 and resulted in a negative determination issued on March 13, 2008. The finding revealed that the worker separations at the subject firm were attributed to a shift in production of automated X-ray inspection system prototypes (including software code and hardware design functions) to Malaysia, a country that is not a party to a free trade agreement nor a beneficiary country with the United States. The subject firm did not import automated X-ray inspection system prototypes (including software code and hardware design functions) following the shift in production to a foreign source. The denial notice was published in the **Federal Register** on February 29, 2008 (73 FR 11153). The request for reconsideration alleges that Agilent Technologies may be in fact an importer of X-ray inspection systems and software. Upon further contact with company official, it was revealed that the subject firm manufactured only software products during the relevant period. Based on new information it has been determined that the subject firm workers were impacted by a shift in production of software to Malaysia during the relevant period. The investigation also revealed that the firm recently increased their imports of software from Malaysia. In accordance with Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for alternative trade adjustment assistance

(ATAA)for older workers. In order for the Department to issue a certification of eligibility to apply for ATAA, the group eligibility requirements of Section 246 of the Trade Act must be met. The Department has determined in this case that the requirements of Section 246 have been met. A significant number of workers at the firm are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse. Conclusion After careful review of the facts obtained in the investigation, I determine that there was a shift in production from the workers' firm or subdivision to Malaysia of articles that are like or directly competitive with those produced by the subject firm or subdivision, and there has been or is likely to be an increase in imports of like or directly competitive articles. In accordance with the provisions of the Act, I make the following certification: “All workers of Agilent Technologies, Measurement Systems Division, Loveland, Colorado, who became totally or partially separated from employment on or after January 10, 2007, through two years from the date of this certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.” Signed in Washington, DC, this 6th day of May 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-10589 Filed 5-12-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,791] Jaquart Fabric Products Incorporated, Ironwood, MI; Notice of Revised Determination on Reconsideration On March 31, 2008, the Department of Labor (Department) received a request for administrative reconsideration of the Department's notice of determination regarding workers' eligibility to apply for Trade Adjustment Assistance

(TAA)and Alternative Adjustment Assistance

(ATAA)applicable to workers and former workers of Jacquart Fabric Products Incorporated, Ironwood, Michigan (the subject firm). The Department's Notice of negative determination was published in the **Federal Register** on March 7, 2008 (73 FR 12466). Workers are engaged in activity related to the production of motorcycle seats. The determination was based on the Department's findings that subject firm sales and production increased in 2007 as compared to 2006; the subject firm did not import motorcycle seats; and the subject firm did not shift production abroad. The determination did not indicate whether the subject firm supplied component parts for articles produced by a firm with a currently TAA-certified worker group or assembled or finished articles provided by a firm with a currently TAA-certified worker group. In the request for reconsideration, a representative of the State of Michigan Department of Labor and Economic Growth asserted that the subject firm produces motorcycle seats for a TAA-certified company (primary firm) and that the subject workers are eligible to apply for TAA as secondarily-affected workers. In order to receive a secondary certification, a significant number or proportion of workers in the subject firm have been, or are threatened to become, totally or partially separated and that the subject firm is a supplier or downstream producer (finisher or assembler) to a firm that employed a group of workers who received a TAA certification, and such supply or production is related to the article that was the basis for such certification. In addition, if the subject firm is a supplier to a TAA-certified company, either the component parts supplied to that company must account for at least 20 percent of the subject firm's sales or production, or a loss of business by the subject firm with the TAA-certified firm contributed importantly to the petitioning workers' separations or threat of separation; and, if the subject firm is a downstream producer, the TAA certification of the primary firm must be based on a shift of production to Canada or Mexico or import impact from Canada or Mexico and a loss of business by the subject firm with the TAA-certified firm contributed importantly to the petitioning workers' separations or threat of separation. On reconsideration, the Department confirmed that a significant number or proportion of the workers in the subject firm has become totally separated or partially separated. Based on new and additional information provided by the subject firm and the primary firm during the reconsideration investigation, the Department determines that the subject workers produced upholstered seat cushions; that the subject firm supplied these articles to MILSCO Manufacturing Company, A Unit of Jason Incorporation, Milwaukee, Wisconsin (TAA certified on November 27, 2007; TA-W-62,382); that the supply of upholstered seat cushions is related to the motorcycle seats that are the basis for the primary firm workers' certification; and the component part it supplied to the firm (or subdivision) accpunted for at least 20 percent of the production or sales of the workers firm. Based on the afore-mentioned information, the Department determines that the petitioning worker group has satisfied the requirements for secondary TAA certification. In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department herein presents the results of its investigation regarding certification of eligibility to apply for ATAA. The Department has determined in this case that the group eligibility requirements of Section 246 have been met. A significant number of workers at the firm are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse. Conclusion After careful review of the information obtained in the reconsideration investigation, I determine that workers and former workers of Jacquart Fabric Products Incorporated, Ironwood, Michigan, qualify as adversely affected secondary workers under Section 222 of the Trade Act of 1974, as amended. In accordance with the provisions of the Act, I make the following certification: “All workers of Jacquart Fabric Products Incorporated, Ironwood, Michigan, who became totally or partially separated from employment on or after January 31, 2007, through two years from the date of this certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.” Signed at Washington, DC this 7th day of May 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-10590 Filed 5-12-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-63,240] Bartlett Corporation, Muncie, IN; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on April 24, 2008 in response to a worker petition filed by a company official on behalf of workers at Bartlett Corporation, Muncie, Indiana. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC this 2nd day of May 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-10587 Filed 5-12-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-63,300] Fisher & Company, Inc., Fisher Dynamics Division, St. Clair Shores, Michigan; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on May 2, 2008 in response to a petition filed by a company official on behalf of workers of Fisher and Company, Fisher Dynamics Division, and Fisher and Company, Corporate Offices, St. Claire Shores, Michigan. The workers are covered by active certifications (TA-W-59,597 and TA- W-60,421) which expire on July 12, 2008 and December 18, 2008 respectively. Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated. Signed at Washington, DC this 2nd day of May 2008. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-10581 Filed 5-12-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-63,136] Netra Systems USA, Inc., Fayetteville, GA; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on April 4, 2008 in response to a worker petition filed by a company official on behalf of workers at Netra Systems USA, Inc., Fayetteville, Georgia. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC this 6th day of May 2008. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-10592 Filed 5-12-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-63,184] Parat Automotive USA, Duncan, SC; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on April 14, 2008 in response to a petition filed by a company official on behalf of workers at Parat Automotive USA, Duncan, South Carolina. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed in Washington, DC, this 6th day of May 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-10588 Filed 5-12-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Pension and Welfare Benefits Administration [Exemption Application No. D-11369, D-11434 & D-11446] Prohibited Transaction Exemption 2008-06; Grant of Individual Exemptions involving D-11369, The Swedish Health Services Pension Plan; D-11434, Credit Suisse

(CS)and Its Current and Future Affiliates; and D-11446, Amendment to Prohibited Transaction Exemption

(PTE)93-31, PTE 97-34, PTE 2002-41, PTE 2007-05, involving Bank of America, N.A., the Successor of NationsBank Corporation AGENCY: Employee Benefits Security Administration, Labor. ACTION: Grant of Individual Exemption. SUMMARY: This document contains an exemption issued by the Department of Labor (the Department) from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (the Act) and/or the Internal Revenue Code of 1986 (the Code). A notice was published in the **Federal Register** of the pendency before the Department of a proposal to grant such exemption. The notice set forth a summary of facts and representations contained in the application for exemption and referred interested persons to the application for a complete statement of the facts and representations. The application has been available for public inspection at the Department in Washington, DC. The notice also invited interested persons to submit comments on the requested exemption to the Department. In addition the notice stated that any interested person might submit a written request that a public hearing be held (where appropriate). The applicant has represented that it has complied with the requirements of the notification to interested persons. No requests for a hearing were received by the Department. Public comments were received by the Department as described in the granted exemption. The notice of proposed exemption was issued and the exemption is being granted solely by the Department because, effective December 31, 1978, Section 102 of Reorganization Plan No. 4 of 1978, 5 U.S.C. App. 1 (1996), transferred the authority of the Secretary of the Treasury to issue exemptions of the type proposed to the Secretary of Labor. Statutory Findings In accordance with section 408(a) of the Act and/or section 4975(c)(2) of the Code and the procedures set forth in 29 CFR part 2570, subpart B (55 FR 32836, 32847, August 10, 1990) and based upon the entire record, the Department makes the following findings:

(a)The exemption is administratively feasible;

(b)The exemption is in the interests of the plan and its participants and beneficiaries; and

(c)The exemption is protective of the rights of the participants and beneficiaries of the plan. The Swedish Health Services Pension Plan (the Plan), Located in Seattle, Washington [Prohibited Transaction Exemption 2008-06; Exemption Application No. D-11369]. Exemption The restrictions of sections 406(a)(1)(A), 406(b)(1) and (b)(2) of the Act and the sanctions resulting from the application of Section 4975 of the Code, by reason of section 4975(c)(1)(A) through

(E)of the Code, shall not apply effective April 14, 2005, to two contributions in-kind (the Contribution(s)) to the Plan of securities (the Securities) made on April 14th and 15th 2005 by Swedish Health Services (the Applicant), the Plan sponsor, a party in interest with respect to the Plan, provided that the following conditions were satisfied:

(a)The Securities were valued at their fair market value at the time of each Contribution;

(b)The Contributions represented no more than 20% of the total assets of the Plan;

(c)The Plan has not paid any commissions, costs or other expenses in connection with the Contributions;

(d)The Contributions represented a contribution in lieu of cash to the Plan to meet ERISA filing requirements;

(e)The Contributions were based on publicly traded closing prices of the Securities on the date of the transfer; and

(f)The terms of the Contributions between the Plan and the Applicant were no less favorable to the Plan than terms negotiated at arm's length under similar circumstances between unrelated third parties. DATES: *Effective Date:* This exemption is effective as of April 14, 2005. For a more complete statement of the facts and representations supporting the Department's decision to grant this exemption, refer to the Notice of Proposed Exemption (the Notice) published on June 1, 2007, at 72 FR 30634. *Written Comments:* Subsequent to the publication of the Notice, the Service Employees International Union District 1199 NW

(SEIU)transmitted a letter to the Applicant on July 25, 2007. Certain participants in the Plan are represented by SEIU. The collective bargaining agreement between the Applicant and SEIU requires the Applicant to maintain the Plan for certain employees represented by SEIU. In this letter, SEIU requested that the Applicant obtain a statement from each of the Plan's investment managers who had selected certain securities that were transferred from the Applicant's business account to the Plan's trust account in connection with the transaction for which relief has been requested. The requested statements involved responses to the following questions:

(1)A description of each of the securities;

(2)a statement from the investment manager that all these securities meet the investment policy and guidelines under which it manages assets for the Plan;

(3)a statement from the investment manager that in its capacity as a fiduciary to the Plan, it would have purchased these same securities in the open market had the opportunity to acquire them from Swedish's business account not presented itself and that the terms of each transaction were equivalent or more favorable than those available in the open market;

(4)a statement that none of the securities included collateralized debt obligations, collateralized loan obligations, other asset backed securities, such as sub-prime mortgages, or other derivatives that are backed by below-investment grade securities;

(5)a statement that conditions (a),

(c)and

(e)in the Notice were met. Stoel Rives LLP (Stoel Rives), the law firm that represents the Plan and the Applicant in this matter, hired AON Consulting

(AON)in order to assist in gathering responses from the investment managers to the foregoing questions. Pursuant to the direction of Stoel Rives, AON sent a report to the Department dated October 24, 2007, which contained responses from the investment managers to the aforementioned questions. Based upon the responses to the questions, the Department has determined to finalize the exemption as proposed. The Department also received numerous telephone calls and a number of written comments from interested persons concerning the Notice. All of the telephone calls and comments requested additional information regarding the possible effect the Contributions would have on benefits payable to the appropriate Plan participants. The Department responded to each inquiry by telephone and attempted to answer all questions directly relating to the transaction at issue. None of the commenters offered any information regarding the substance of the subject transactions. Based on the entire record the Department has determined to grant the exemption as proposed. For Further Information Contact: Brian Buyniski of the Department, telephone

(202)693-8545 (this is not a toll-free number). Credit Suisse

(CS)and Its Current and Future Affiliates (Collectively, the Applicant) Located in Zurich, Switzerland, With Offices Around the World [Prohibited Transaction Exemption 2008-07; Exemption Application No. D-11434] Exemption Section I—Transactions The restrictions of section 406 of the Act and the sanctions resulting from the application of section 4975 of the Code, by reason of section 4975(c)(1)(A) through

(F)of the Code, shall not apply to the purchase of certain securities (the Securities), as defined, below in Section III(h), by an asset management affiliate of CS, as “affiliate” is defined, below, in Section III(c), from any person other than such asset management affiliate of CS or any affiliate thereof, during the existence of an underwriting or selling syndicate with respect to such Securities, where a broker-dealer affiliated with CS (the Affiliated Broker-Dealer), as defined, below, in Section III(b), is a manager or member of such syndicate and the asset management affiliate of CS purchases such Securities, as a fiduciary:

(a)On behalf of an employee benefit plan or employee benefit plans (Client Plan(s)), as defined, below, in Section III(e); or

(b)On behalf of Client Plans, and/or In-House Plans, as defined, below, in Section III(l), which are invested in a pooled fund or in pooled funds (Pooled Fund(s)), as defined, below, in Section III(f); provided that the conditions as set forth, below, in Section II, are satisfied (an affiliated underwriter transaction (AUT)). 1 1 For purposes of this exemption an In-House Plan may engage in AUTs only through investment in a Pooled Fund. Section II—Conditions The exemption is conditioned upon adherence to the material facts and representations described herein and upon satisfaction of the following requirements: (a)(1) The Securities to be purchased are either—

(i)Part of an issue registered under the Securities Act of 1933 (the 1933 Act) (15 U.S.C. 77a *et seq.* ). If the Securities to be purchased are part of an issue that is exempt from such registration requirement, such Securities:

(A)Are issued or guaranteed by the United States or by any person controlled or supervised by and acting as an instrumentality of the United States pursuant to authority granted by the Congress of the United States,

(B)Are issued by a bank,

(C)Are exempt from such registration requirement pursuant to a federal statute other than the 1933 Act, or

(D)Are the subject of a distribution and are of a class which is required to be registered under section 12 of the Securities Exchange Act of 1934 (the 1934 Act) (15 U.S.C. 781), and are issued by an issuer that has been subject to the reporting requirements of section 13 of the 1934 Act (15 U.S.C. 78m) for a period of at least ninety

(90)days immediately preceding the sale of such Securities and that has filed all reports required to be filed thereunder with the Securities and Exchange Commission

(SEC)during the preceding twelve

(12)months; or

(ii)Part of an issue that is an Eligible Rule 144A Offering, as defined in SEC Rule 10f-3 (17 CFR 270.10f-3(a)(4)). Where the Eligible Rule 144A Offering of the Securities is of equity securities, the offering syndicate shall obtain a legal opinion regarding the adequacy of the disclosure in the offering memorandum;

(2)The Securities to be purchased are purchased prior to the end of the first day on which any sales are made, pursuant to that offering, at a price that is not more than the price paid by each other purchaser of the Securities in that offering or in any concurrent offering of the Securities, except that—

(i)If such Securities are offered for subscription upon exercise of rights, they may be purchased on or before the fourth day preceding the day on which the rights offering terminates; or

(ii)If such Securities are debt securities, they may be purchased at a price that is not more than the price paid by each other purchaser of the Securities in that offering or in any concurrent offering of the Securities and may be purchased on a day subsequent to the end of the first day on which any sales are made, pursuant to that offering, provided that the interest rates, as of the date of such purchase, on comparable debt securities offered to the public subsequent to the end of the first day on which any sales are made and prior to the purchase date are less than the interest rate of the debt Securities being purchased; and

(3)The Securities to be purchased are offered pursuant to an underwriting or selling agreement under which the members of the syndicate are committed to purchase all of the Securities being offered, except if—

(i)Such Securities are purchased by others pursuant to a rights offering; or

(ii)Such Securities are offered pursuant to an over-allotment option.

(b)The issuer of the Securities to be purchased pursuant to this exemption must have been in continuous operation for not less than three years, including the operation of any predecessors, unless the Securities to be purchased are—

(1)Non-convertible debt securities rated in one of the four highest rating categories by Standard & Poor's Rating Services, Moody's Investors Service, Inc., FitchRatings, Inc., Dominion Bond Rating Service Limited, Dominion Bond Rating Service, Inc., or any successors thereto (collectively, the Rating Organizations), provided that none of the Rating Organizations rates such Securities in a category lower than the fourth highest rating category; or

(2)Debt securities issued or fully guaranteed by the United States or by any person controlled or supervised by and acting as an instrumentality of the United States pursuant to authority granted by the Congress of the United States; or

(3)Debt securities which are fully guaranteed by a person (the Guarantor) that has been in continuous operation for not less than three years, including the operation of any predecessors, provided that such Guarantor has issued other securities registered under the 1933 Act; or if such Guarantor has issued other securities which are exempt from such registration requirement, such Guarantor has been in continuous operation for not less than three years, including the operation of any predecessors, and such Guarantor is:

(a)A bank; or

(b)An issuer of securities which are exempt from such registration requirement, pursuant to a Federal statute other than the 1933 Act; or

(c)An issuer of securities that are the subject of a distribution and are of a class which is required to be registered under section 12 of the 1934 Act (15 U.S.C. 781), and are issued by an issuer that has been subject to the reporting requirements of section 13 of the 1934 Act (15 U.S.C. 78m) for a period of at least ninety

(90)days immediately preceding the sale of such securities and that has filed all reports required to be filed thereunder with the SEC during the preceding twelve

(12)months.

(c)The aggregate amount of Securities of an issue purchased, pursuant to this exemption, by the asset management affiliate of CS with:

(i)The assets of all Client Plans; and

(ii)The assets, calculated on a *pro-rata* basis, of all Client Plans and In-House Plans investing in Pooled Funds managed by the asset management affiliate of CS; and

(iii)The assets of plans to which the asset management affiliate of CS renders investment advice within the meaning of 29 CFR 2510.3-21(c) does not exceed:

(1)Ten percent (10%) of the total amount of the Securities being offered in an issue, if such Securities are equity securities;

(2)Thirty-five percent (35%) of the total amount of the Securities being offered in an issue, if such Securities are debt securities rated in one of the four highest rating categories by at least one of the Rating Organizations, provided that none of the Rating Organizations rates such Securities in a category lower than the fourth highest rating category; or

(3)Twenty-five percent (25%) of the total amount of the Securities being offered in an issue, if such Securities are debt securities rated in the fifth or sixth highest rating categories by at least one of the Rating Organizations; provided that none of the Rating Organizations rates such Securities in a category lower than the sixth highest rating category; and

(4)The assets of any single Client Plan (and the assets of any Client Plans and any In-House Plans investing in Pooled Funds) may not be used to purchase any Securities being offered, if such Securities are debt securities rated lower than the sixth highest rating category by any of the Rating Organizations;

(5)Notwithstanding the percentage of Securities of an issue permitted to be acquired, as set forth in Section II(c) (1), (2), and (3), above, of this exemption, the amount of Securities in any issue (whether equity or debt securities) purchased, pursuant to this exemption, by the asset management affiliate of CS on behalf of any single Client Plan, either individually or through investment, calculated on a *pro-rata* basis, in a Pooled Fund may not exceed three percent (3%) of the total amount of such Securities being offered in such issue, and;

(6)If purchased in an Eligible Rule 144A Offering, the total amount of the Securities being offered for purposes of determining the percentages, described, above, in Section II(c)(1)-(3) and (5), is the total of:

(i)The principal amount of the offering of such class of Securities sold by underwriters or members of the selling syndicate to “qualified institutional buyers” (QIBs), as defined in SEC Rule 144A (17 CFR 230.144A(a)(1)); plus

(ii)The principal amount of the offering of such class of Securities in any concurrent public offering.

(d)The aggregate amount to be paid by any single Client Plan in purchasing any Securities which are the subject of this exemption, including any amounts paid by any Client Plan or In-House Plan in purchasing such Securities through a Pooled Fund, calculated on a *pro-rata* basis, does not exceed three percent (3%) of the fair market value of the net assets of such Client Plan or In-House Plan, as of the last day of the most recent fiscal quarter of such Client Plan or In-House Plan prior to such transaction.

(e)The covered transactions are not part of an agreement, arrangement, or understanding designed to benefit the asset management affiliate of CS or an affiliate.

(f)The Affiliated Broker-Dealer does not receive, either directly, indirectly, or through designation, any selling concession, or other compensation or consideration that is based upon the amount of Securities purchased by any single Client Plan, or that is based on the amount of Securities purchased by Client Plans or In-House Plans through Pooled Funds, pursuant to this exemption. In this regard, the Affiliated Broker-Dealer may not receive, either directly or indirectly, any compensation or consideration that is attributable to the fixed designations generated by purchases of the Securities by the asset management affiliate of CS on behalf of any single Client Plan or any Client Plan or In-House Plan in Pooled Funds. (g)(1) The amount the Affiliated Broker-Dealer receives in management, underwriting, or other compensation or consideration is not increased through an agreement, arrangement, or understanding for the purpose of compensating the Affiliated Broker-Dealer for foregoing any selling concessions for those Securities sold pursuant to this exemption. Except as described above, nothing in this Section II(g)(1) shall be construed as precluding the Affiliated Broker-Dealer from receiving management fees for serving as manager of the underwriting or selling syndicate, underwriting fees for assuming the responsibilities of an underwriter in the underwriting or selling syndicate, or other compensation or consideration that is not based upon the amount of Securities purchased by the asset management affiliate of CS on behalf of any single Client Plan, or on behalf of any Client Plan or In-House Plan participating in Pooled Funds, pursuant to this exemption; and

(2)The Affiliated Broker-Dealer shall provide to the asset management affiliate of CS a written certification, dated and signed by an officer of the Affiliated Broker-Dealer, stating the amount that the Affiliated Broker-Dealer received in compensation or consideration during the past quarter, in connection with any offerings covered by this exemption, was not adjusted in a manner inconsistent with Section II (e), (f), or

(g)of this exemption.

(h)The covered transactions are performed under a written authorization executed in advance by an independent fiduciary of each single Client Plan (the Independent Fiduciary), as defined, below, in Section III(g).

(i)Prior to the execution by an Independent Fiduciary of a single Client Plan of the written authorization described, above, in Section II(h), the following information and materials (which may be provided electronically) must be provided by the asset management affiliate of CS to such Independent Fiduciary:

(1)A copy of the Notice of Proposed Exemption (the Notice) and a copy of the final exemption (the Grant) as published in the **Federal Register** , provided that the Notice and the Grant are supplied simultaneously; and

(2)Any other reasonably available information regarding the covered transactions that such Independent Fiduciary requests the asset management affiliate of CS to provide.

(j)Subsequent to the initial authorization by an Independent Fiduciary of a single Client Plan permitting the asset management affiliate of CS to engage in the covered transactions on behalf of such single Client Plan, the asset management affiliate of CS will continue to be subject to the requirement to provide within a reasonable period of time any reasonably available information regarding the covered transactions that the Independent Fiduciary requests the asset management affiliate of CS to provide. (k)(1) In the case of an existing employee benefit plan investor (or existing In-House Plan investor, as the case may be) in a Pooled Fund, such Pooled Fund may not engage in any covered transactions pursuant to this exemption, unless the asset management affiliate of CS provides the written information, as described, below, and within the time period described, below, in this Section II(k)(2), to the Independent Fiduciary of each such plan participating in such Pooled Fund (and to the fiduciary of each such In-House Plan participating in such Pooled Fund).

(2)The following information and materials (which may be provided electronically) shall be provided by the asset management affiliate of CS not less than 45 days prior to such asset management affiliate of CS engaging in the covered transactions on behalf of a Pooled Fund, pursuant to this exemption, and provided further that the information described below, in this Section II(k)(2)(i) and

(iii)is supplied simultaneously:

(i)A notice of the intent of such Pooled Fund to purchase Securities pursuant to this exemption, a copy of the Notice, and a copy of the Grant, as published in the **Federal Register** ;

(ii)Any other reasonably available information regarding the covered transactions that the Independent Fiduciary of a plan (or fiduciary of an In-House Plan) participating in a Pooled Fund requests the asset management affiliate of CS to provide; and

(iii)A termination form expressly providing an election for the Independent Fiduciary of a plan (or fiduciary of an In-House Plan) participating in a Pooled Fund to terminate such plan's (or In-House Plan's) investment in such Pooled Fund without penalty to such plan (or In-House Plan). Such form shall include instructions specifying how to use the form. Specifically, the instructions will explain that such plan (or such In-House Plan) has an opportunity to withdraw its assets from a Pooled Fund for a period of no more than 30 days after such plan's (or such In-House Plan's) receipt of the initial notice of intent, described, above, in Section II(k)(2)(i), and that the failure of the Independent Fiduciary of such plan (or fiduciary of such In-House Plan) to return the termination form to the asset management affiliate of CS in the case of a plan (or In-House Plan) participating in a Pooled Fund by the specified date shall be deemed to be an approval by such plan (or such In-House Plan) of its participation in the covered transactions as an investor in such Pooled Fund. Further, the instructions will identify CS, the asset management affiliate of CS, and the Affiliated Broker-Dealer and will provide the address of the asset management affiliate of CS. The instructions will state that this exemption may be unavailable, unless the fiduciary of each plan participating in the covered transactions as an investor in a Pooled Fund is, in fact, independent of CS, the asset management affiliate of CS, and the Affiliated Broker-Dealer. The instructions will also state that the fiduciary of each such plan must advise the asset management affiliate of CS, in writing, if it is not an “Independent Fiduciary,” as that term is defined, below, in Section III(g). For purposes of this Section II(k), the requirement that the fiduciary responsible for the decision to authorize the transactions described, above, in Section I of this exemption for each plan be independent of the asset management affiliate of CS shall not apply in the case of an In-House Plan. (l)(1) In the case of each plan (and in the case of each In-House Plan) whose assets are proposed to be invested in a Pooled Fund after such Pooled Fund has satisfied the conditions set forth in this exemption to engage in the covered transactions, the investment by such plan (or by such In-House Plan) in the Pooled Fund is subject to the prior written authorization of an Independent Fiduciary representing such plan (or the prior written authorization by the fiduciary of such In-House Plan, as the case may be), following the receipt by such Independent Fiduciary of such plan (or by the fiduciary of such In-House Plan, as the case may be) of the written information described, above, in Section II(k)(2)(i) and (ii); provided that the Notice and the Grant, described above in Section II(k)(2)(i), are provided simultaneously.

(2)For purposes of this Section II(l), the requirement that the fiduciary responsible for the decision to authorize the transactions described, above, in Section I of this exemption for each plan proposing to invest in a Pooled Fund be independent of CS and its affiliates shall not apply in the case of an In-House Plan.

(m)Subsequent to the initial authorization by an Independent Fiduciary of a plan (or by a fiduciary of an In-House Plan) to invest in a Pooled Fund that engages in the covered transactions, the asset management affiliate of CS will continue to be subject to the requirement to provide within a reasonable period of time any reasonably available information regarding the covered transactions that the Independent Fiduciary of such plan (or the fiduciary of such In-House Plan, as the case may be) requests the asset management affiliate of CS to provide.

(n)At least once every three months, and not later than 45 days following the period to which such information relates, the asset management affiliate of CS shall furnish:

(1)In the case of each single Client Plan that engages in the covered transactions, the information described, below, in this Section II(n)(3)-(7), to the Independent Fiduciary of each such single Client Plan.

(2)In the case of each Pooled Fund in which a Client Plan (or in which an In-House Plan) invests, the information described, below, in this Section II(n)(3)-(6) and (8), to the Independent Fiduciary of each such Client Plan (and to the fiduciary of each such In-House Plan) invested in such Pooled Fund.

(3)A quarterly report (the Quarterly Report) (which may be provided electronically) which discloses all the Securities purchased pursuant to this exemption during the period to which such report relates on behalf of the Client Plan, In-House Plan, or Pooled Fund to which such report relates, and which discloses the terms of each of the transactions described in such report, including:

(i)The type of Securities (including the rating of any Securities which are debt securities) involved in each transaction;

(ii)The price at which the Securities were purchased in each transaction;

(iii)The first day on which any sale was made during the offering of the Securities;

(iv)The size of the issue of the Securities involved in each transaction;

(v)The number of Securities purchased by the asset management affiliate of CS for the Client Plan, In-House Plan, or Pooled Fund to which the transaction relates;

(vi)The identity of the underwriter from whom the Securities were purchased for each transaction;

(vii)The underwriting spread in each transaction ( *i.e.* , the difference, between the price at which the underwriter purchases the Securities from the issuer and the price at which the Securities are sold to the public);

(viii)The price at which any of the Securities purchased during the period to which such report relates were sold; and

(ix)The market value at the end of the period to which such report relates of the Securities purchased during such period and not sold;

(4)The Quarterly Report contains:

(i)A representation that the asset management affiliate of CS has received a written certification signed by an officer of the Affiliated Broker-Dealer, as described, above, in Section II(g)(2), affirming that, as to each AUT covered by this exemption during the past quarter, the Affiliated Broker-Dealer acted in compliance with Section II(e), (f), and

(g)of this exemption, and

(ii)A representation that copies of such certifications will be provided upon request;

(5)A disclosure in the Quarterly Report that states that any other reasonably available information regarding a covered transaction that an Independent Fiduciary (or fiduciary of an In-House Plan) requests will be provided, including, but not limited to:

(i)The date on which the Securities were purchased on behalf of the Client Plan (or the In-House Plan) to which the disclosure relates (including Securities purchased by Pooled Funds in which such Client Plan (or such In-House Plan) invests);

(ii)The percentage of the offering purchased on behalf of all Client Plans (and the *pro-rata* percentage purchased on behalf of Client Plans and In-House Plans investing in Pooled Funds); and

(iii)The identity of all members of the underwriting syndicate;

(6)The Quarterly Report discloses any instance during the past quarter where the asset management affiliate of CS was precluded for any period of time from selling Securities purchased under this exemption in that quarter because of its status as an affiliate of an Affiliated Broker-Dealer and the reason for this restriction;

(7)Explicit notification, prominently displayed in each Quarterly Report sent to the Independent Fiduciary of each single Client Plan that engages in the covered transactions that the authorization to engage in such covered transactions may be terminated, without penalty to such single Client Plan, within five

(5)days after the date that the Independent Fiduciary of such single Client Plan informs the person identified in such notification that the authorization to engage in the covered transactions is terminated; and

(8)Explicit notification, prominently displayed in each Quarterly Report sent to the Independent Fiduciary of each Client Plan (and to the fiduciary of each In-House Plan) that engages in the covered transactions through a Pooled Fund that the investment in such Pooled Fund may be terminated, without penalty to such Client Plan (or such In-House Plan), within such time as may be necessary to effect the withdrawal in an orderly manner that is equitable to all withdrawing plans and to the non-withdrawing plans, after the date that the Independent Fiduciary of such Client Plan (or the fiduciary of such In-House Plan, as the case may be) informs the person identified in such notification that the investment in such Pooled Fund is terminated.

(o)For purposes of engaging in covered transactions, each Client Plan (and each In-House Plan) shall have total net assets with a value of at least $50 million (the $50 Million Net Asset Requirement). For purposes of engaging in covered transactions involving an Eligible Rule 144A Offering, 2 each Client Plan (and each In-House Plan) shall have total net assets of at least $100 million in securities of issuers that are not affiliated with such Client Plan (or such In-House Plan, as the case may be) (the $100 Million Net Asset Requirement). 2 SEC Rule 10f-3(a)(4), 17 FR 270.10f-3(a)(4), states that the term “Eligible Rule 144A Offering” means an offering of securities that meets the following conditions:

(i)The securities are offered or sold in transactions exempt from registration under section 4(2) of the Securities Act of 1933 [15 U.S.C. 77d(d)], rule 144A thereunder [§ 230.144A of this chapter], or rules 501-508 thereunder [§§ 230.501-230.508 if this chapter];

(ii)The securities are sold to persons that the seller and any person acting on behalf of the seller reasonably believe to include qualified institutional buyers, as defined in § 230.144A(a)(1) of this chapter; and

(iii)The seller and any person acting on behalf of the seller reasonably believe that the securities are eligible for resale to other qualified institutional buyers pursuant to § 230.144A of this chapter. For purposes of a Pooled Fund engaging in covered transactions, each Client Plan (and each In-House Plan) in such Pooled Fund shall have total net assets with a value of at least $50 million. Notwithstanding the foregoing, if each such Client Plan (and each such In-House Plan) in such Pooled Fund does not have total net assets with a value of at least $50 million, the $50 Million Net Asset Requirement will be met if 50 percent (50%) or more of the units of beneficial interest in such Pooled Fund are held by Client Plans (or by In-House Plans) each of which has total net assets with a value of at least $50 million. For purposes of a Pooled Fund engaging in covered transactions involving an Eligible Rule 144A Offering, each Client Plan (and each In-House Plan) in such Pooled Fund shall have total net assets of at least $100 million in securities of issuers that are not affiliated with such Client Plan (or such In-House Plan, as the case may be). Notwithstanding the foregoing, if each such Client Plan (and each such In-House Plan) in such Pooled Fund does not have total net assets of at least $100 million in securities of issuers that are not affiliated with such Client Plan (or In-House Plan, as the case may be), the $100 Million Net Asset Requirement will be met if 50 percent (50%) or more of the units of beneficial interest in such Pooled Fund are held by Client Plans (or by In-House Plans) each of which have total net assets of at least $100 million in securities of issuers that are not affiliated with such Client Plan (or such In-House Plan, as the case may be), and the Pooled Fund itself qualifies as a QIB, as determined pursuant to SEC Rule 144A (17 CFR 230.144A(a)(F)). For purposes of the net asset requirements described above, in this Section II(o), where a group of Client Plans is maintained by a single employer or controlled group of employers, as defined in section 407(d)(7) of the Act, the $50 Million Net Asset Requirement (or in the case of an Eligible Rule 144A Offering, the $100 Million Net Asset Requirement) may be met by aggregating the assets of such Client Plans, if the assets of such Client Plans are pooled for investment purposes in a single master trust.

(p)The asset management affiliate of CS qualifies as a “qualified professional asset manager” (QPAM), as that term is defined under Section V(a) of PTE 84-14. In addition to satisfying the requirements for a QPAM under Section V(a) of PTE 84-14, the asset management affiliate of CS must also have total client assets under its management and control in excess of $5 billion, as of the last day of its most recent fiscal year and shareholders' or partners' equity in excess of $1 million.

(q)No more than 20 percent of the assets of a Pooled Fund at the time of a covered transaction, are comprised of assets of In-House Plans for which CS, the asset management affiliate of CS, the Affiliated Broker-Dealer, or an affiliate exercises investment discretion.

(r)The asset management affiliate of CS, and the Affiliated Broker-Dealer, as applicable, maintain, or cause to be maintained, for a period of six

(6)years from the date of any covered transaction such records as are necessary to enable the persons, described, below, in Section II(s), to determine whether the conditions of this exemption have been met, except that—

(1)No party in interest with respect to a plan which engages in the covered transactions, other than CS, the asset management affiliate of CS, and the Affiliated Broker-Dealer, as applicable, shall be subject to a civil penalty under section 502(i) of the Act or the taxes imposed by section 4975(a) and

(b)of the Code, if such records are not maintained, or not available for examination, as required, below, by Section II(s); and

(2)A separate prohibited transaction shall not be considered to have occurred solely because, due to circumstances beyond the control of the asset management affiliate of CS, or the Affiliated Broker-Dealer, as applicable, such records are lost or destroyed prior to the end of the six-year period. (s)(1) Except as provided, below, in Section II(s)(2), and notwithstanding any provisions of subsections (a)(2) and

(b)of section 504 of the Act, the records referred to above, in Section II(r), are unconditionally available at their customary location for examination during normal business hours by—

(i)Any duly authorized employee or representative of the Department, the Internal Revenue Service, or the SEC; or

(ii)Any fiduciary of any plan that engages in the covered transactions, or any duly authorized employee or representative of such fiduciary; or

(iii)Any employer of participants and beneficiaries and any employee organization whose members are covered by a plan that engages in the covered transactions, or any authorized employee or representative of these entities; or

(iv)Any participant or beneficiary of a plan that engages in the covered transactions, or duly authorized employee or representative of such participant or beneficiary;

(2)None of the persons described above, in Section II(s)(1)(ii)—(iv), shall be authorized to examine trade secrets of the asset management affiliate of CS, or the Affiliated Broker-Dealer, or commercial or financial information which is privileged or confidential; and

(3)Should the asset management affiliate of CS, or the Affiliated Broker-Dealer refuse to disclose information on the basis that such information is exempt from disclosure, pursuant to Section II(s)(2) above, the asset management affiliate of CS shall, by the close of the thirtieth

(30th)day following the request, provide a written notice advising that person of the reasons for the refusal and that the Department may request such information. Section III—Definitions

(a)The term, “the Applicant,” means CS and its current and future affiliates.

(b)The term, “Affiliated Broker-Dealer,” means any broker-dealer affiliate, as “affiliate” is defined, below, in Section III(c), of the Applicant, as “Applicant” is defined, above, in Section III(a), that meets the requirements of this exemption. Such Affiliated Broker-Dealer may participate in an underwriting or selling syndicate as a manager or member. The term, “manager,” means any member of an underwriting or selling syndicate who, either alone or together with other members of the syndicate, is authorized to act on behalf of the members of the syndicate in connection with the sale and distribution of the Securities, as defined below, in Section III(h), being offered or who receives compensation from the members of the syndicate for its services as a manager of the syndicate.

(c)The term “affiliate” of a person includes:

(1)Any person directly or indirectly through one or more intermediaries, controlling, controlled by, or under common control with such person;

(2)Any officer, director, partner, employee, or relative, as defined in section 3(15) of the Act, of such person; and

(3)Any corporation or partnership of which such person is an officer, director, partner, or employee.

(d)The term, “control,” means the power to exercise a controlling influence over the management or policies of a person other than an individual.

(e)The term, “Client Plan(s),” means an employee benefit plan(s) that is subject to the Act and/or the Code, and for which plan(s) an asset management affiliate of CS exercises discretionary authority or discretionary control respecting management or disposition of some or all of the assets of such plan(s), but excludes In-House Plans, as defined, below, in Section III(l).

(f)The term, “Pooled Fund(s),” means a common or collective trust fund(s) or a pooled investment fund(s):

(1)In which employee benefit plan(s) subject to the Act and/or Code invest,

(2)Which is maintained by an asset management affiliate of CS, (as the term, “affiliate” is defined, above, in Section III(c)), and

(3)For which such asset management affiliate of CS exercises discretionary authority or discretionary control respecting the management or disposition of the assets of such fund(s). (g)(1) The term, “Independent Fiduciary,” means a fiduciary of a plan who is unrelated to, and independent of CS, the asset management affiliate of CS, and the Affiliated Broker-Dealer. For purposes of this exemption, a fiduciary of a plan will be deemed to be unrelated to, and independent of CS, the asset management affiliate of CS, and the Affiliated Broker-Dealer, if such fiduciary represents in writing that neither such fiduciary, nor any individual responsible for the decision to authorize or terminate authorization for the transactions described above, in Section I of this exemption, is an officer, director, or highly compensated employee (within the meaning of section 4975(e)(2)(H) of the Code) of CS, the asset management affiliate of CS, or the Affiliated Broker-Dealer, and represents that such fiduciary shall advise the asset management affiliate of CS within a reasonable period of time after any change in such facts occur.

(2)Notwithstanding anything to the contrary in this Section III(g), a fiduciary of a plan is not independent:

(i)If such fiduciary directly or indirectly controls, is controlled by, or is under common control with CS, the asset management affiliate of CS, or the Affiliated Broker-Dealer;

(ii)If such fiduciary directly or indirectly receives any compensation or other consideration from CS, the asset management affiliate of CS, or the Affiliated Broker-Dealer for his or her own personal account in connection with any transaction described in this exemption;

(iii)If any officer, director, or highly compensated employee (within the meaning of section 4975(e)(2)(H) of the Code) of the asset management affiliate of CS responsible for the transactions described above, in Section I of this exemption, is an officer, director, or highly compensated employee (within the meaning of section 4975(e)(2)(H) of the Code) of the sponsor of the plan or of the fiduciary responsible for the decision to authorize or terminate authorization for the transactions described above, in Section I. However, if such individual is a director of the sponsor of the plan or of the responsible fiduciary, and if he or she abstains from participation in:

(A)The choice of the plan's investment manager/adviser; and

(B)the decision to authorize or terminate authorization for transactions described above, in Section I, then this Section III(g)(2)(iii) shall not apply.

(3)The term, “officer,” means a president, any vice president in charge of a principal business unit, division, or function (such as sales, administration, or finance), or any other officer who performs a policy-making function for CS or any affiliate thereof.

(h)The term, “Securities,” shall have the same meaning as defined in section 2(36) of the Investment Company Act of 1940 (the 1940 Act), as amended (15 U.S.C. 80a-2(36)(2000)). For purposes of this exemption, mortgage-backed or other asset-backed securities rated by one of the Rating Organizations, as defined, below, in Section III(k), will be treated as debt securities.

(i)The term, “Eligible Rule 144A Offering,” shall have the same meaning as defined in SEC Rule 10f-3(a)(4) (17 CFR 270.10f-3(a)(4)) under the 1940 Act).

(j)The term, “qualified institutional buyer,” or the term, “QIB,” shall have the same meaning as defined in SEC Rule 144A (17 CFR 230.144A(a)(1)) under the 1933 Act.

(k)The term, “Rating Organizations,” means Standard & Poor's Rating Services, Moody's Investors Service, Inc., FitchRatings, Inc., Dominion Bond Rating Service Limited, and Dominion Bond Rating Service, Inc., or any successors thereto.

(l)The term, “In-House Plan(s),” means an employee benefit plan(s) that is subject to the Act and/or the Code, and that is sponsored by the Applicant, as defined, above, in Section III(a) for its own employees. For a more complete statement of the facts and representations supporting the Department's decision to grant this exemption, refer to the Notice published on January 17, 2008 at 73 FR 3282. FOR FURTHER INFORMATION CONTACT: Mr. Gary H. Lefkowitz of the Department, telephone

(202)693-8546. (This is not a toll-free number.) Amendment to Prohibited Transaction Exemption

(PTE)93-31, 58 FR 28620 (May 14, 1993), as amended by PTE 97-34, 62 FR 39021 (July 21, 1997), PTE 2000-58, 65 FR 67765 (November 13, 2000), PTE 2002-41, 67 FR 54487 (August 22, 2002) and PTE 2007-05, 72 FR 13130 (March 20, 2007), Technical Correction at 72 FR 16385 (April 4, 2007)(PTE 93-31), Involving Bank of America, N.A., the Successor of NationsBank Corporation [Prohibited Transaction Exemption 2008-08; Exemption Application No. D-11446] Exemption In accordance with section 408(a) of the Act and section 4975(c)(2) of the Code and the procedures set forth in 29 CFR Part 2570, Subpart B (55 FR 32836, August 10, 1990) and based upon the entire record, the Department amends Prohibited Transaction Exemption

(PTE)93-31, 58 FR 28620 (May 5, 1993); as subsequently amended by PTE 97-34, 62 FR 39021 (July 21, 1997), PTE 2000-58, 65 FR 67765 (November 13, 2000), PTE 2002-41, 67 FR 54487 (August 22, 2002) and PTE 2007-05, 72 FR 13130 (March 20, 2007), Technical Correction at 72 FR 16385 (April 4, 2007) (PTE 93-31). I. Transactions A. Effective October 1, 2007, the restrictions of sections 406(a) and 407(a) of the Act, and the taxes imposed by sections 4975(a) and

(b)of the Code, by reason of section 4975(c)(1)(A) through

(D)of the Code shall not apply to the following transactions involving Issuers and Securities evidencing interests therein:

(1)The direct or indirect sale, exchange or transfer of Securities in the initial issuance of Securities between the Sponsor or Underwriter and an employee benefit plan when the Sponsor, Servicer, Trustee or Insurer of an Issuer, the Underwriter of the Securities representing an interest in the Issuer, or an Obligor is a party in interest with respect to such plan;

(2)The direct or indirect acquisition or disposition of Securities by a plan in the secondary market for such Securities; and

(3)The continued holding of Securities acquired by a plan pursuant to subsection I.A.(1) or (2). Notwithstanding the foregoing, section I.A. does not provide an exemption from the restrictions of sections 406(a)(1)(E), 406(a)(2) and 407 of the Act for the acquisition or holding of a Security on behalf of an Excluded Plan by any person who has discretionary authority or renders investment advice with respect to the assets of that Excluded Plan. 3 3 Section I.A. provides no relief from sections 406(a)(1)(E), 406(a)(2) and 407 of the Act for any person rendering investment advice to an Excluded Plan within the meaning of section 3(21)(A)(ii) of the Act, and regulation 29 CFR 2510.3-21(c). B. Effective October 1, 2007, the restrictions of sections 406(b)(1) and 406(b)(2) of the Act and the taxes imposed by sections 4975(a) and

(b)of the Code, by reason of section 4975(c)(1)(E) of the Code, shall not apply to:

(1)The direct or indirect sale, exchange or transfer of Securities in the initial issuance of Securities between the Sponsor or Underwriter and a plan when the person who has discretionary authority or renders investment advice with respect to the investment of plan assets in the Securities is

(a)an Obligor with respect to 5 percent or less of the fair market value of obligations or receivables contained in the Issuer, or

(b)an Affiliate of a person described in (a); if:

(i)The plan is not an Excluded Plan;

(ii)Solely in the case of an acquisition of Securities in connection with the initial issuance of the Securities, at least 50 percent of each class of Securities in which plans have invested is acquired by persons independent of the members of the Restricted Group and at least 50 percent of the aggregate interest in the Issuer is acquired by persons independent of the Restricted Group;

(iii)A plan's investment in each class of Securities does not exceed 25 percent of all of the Securities of that class outstanding at the time of the acquisition; and

(iv)Immediately after the acquisition of the Securities, no more than 25 percent of the assets of a plan with respect to which the person has discretionary authority or renders investment advice are invested in Securities representing an interest in an Issuer containing assets sold or serviced by the same entity. 4 For purposes of this paragraph

(iv)only, an entity will not be considered to service assets contained in an Issuer if it is merely a Subservicer of that Issuer; 4 For purposes of this Underwriter Exemption, each plan participating in a commingled fund (such as a bank collective trust fund or insurance company pooled separate account) shall be considered to own the same proportionate undivided interest in each asset of the commingled fund as its proportionate interest in the total assets of the commingled fund as calculated on the most recent preceding valuation date of the fund.

(2)The direct or indirect acquisition or disposition of Securities by a plan in the secondary market for such Securities, provided that the conditions set forth in paragraphs (i),

(iii)and

(iv)of subsection I.B.(1) are met; and

(3)The continued holding of Securities acquired by a plan pursuant to subsection I.B.(1) or (2). C. Effective October 1, 2007, the restrictions of sections 406(a), 406(b) and 407(a) of the Act, and the taxes imposed by section 4975(a) and

(b)of the Code by reason of section 4975(c) of the Code, shall not apply to transactions in connection with the servicing, management and operation of an Issuer, including the use of any Eligible Swap transaction; or the defeasance of a mortgage obligation held as an asset of the Issuer through the substitution of a new mortgage obligation in a commercial mortgage-backed Designated Transaction, provided:

(1)Such transactions are carried out in accordance with the terms of a binding Pooling and Servicing Agreement;

(2)The Pooling and Servicing Agreement is provided to, or described in all material respects in the prospectus or private placement memorandum provided to, investing plans before they purchase Securities issued by the Issuer; 5 and 5 In the case of a private placement memorandum, such memorandum must contain substantially the same information that would be disclosed in a prospectus if the offering of the securities were made in a registered public offering under the Securities Act of 1933. In the Department's view, the private placement memorandum must contain sufficient information to permit plan fiduciaries to make informed investment decisions. For purposes of this exemption, references to “prospectus” include any related prospectus supplement thereto, pursuant to which Securities are offered to investors.

(3)The defeasance of a mortgage obligation and the substitution of a new mortgage obligation in a commercial mortgage-backed Designated Transaction meet the terms and conditions for such defeasance and substitution as are described in the prospectus or private placement memorandum for such Securities, which terms and conditions have been approved by a Rating Agency and does not result in the Securities receiving a lower credit rating from the Rating Agency than the current rating of the Securities. Notwithstanding the foregoing, section I.C. does not provide an exemption from the restrictions of section 406(b) of the Act or from the taxes imposed by reason of section 4975(c) of the Code for the receipt of a fee by a Servicer of the Issuer from a person other than the Trustee or Sponsor, unless such fee constitutes a Qualified Administrative Fee. D. Effective October 1, 2007, the restrictions of sections 406(a) and 407(a) of the Act, and the taxes imposed by section 4975(a) and

(b)of the Code by reason of section 4975(c)(1)(A) through

(D)of the Code, shall not apply to any transactions to which those restrictions or taxes would otherwise apply merely because a person is deemed to be a party in interest or disqualified person (including a fiduciary) with respect to a plan by virtue of providing services to the plan (or by virtue of having a relationship to such service provider described in section 3(14)(F), (G),

(H)or

(I)of the Act or section 4975(e)(2)(F), (G),

(H)or

(I)of the Code), solely because of the plan's ownership of Securities. II. General Conditions A. The relief provided under section I. is available only if the following conditions are met:

(1)The acquisition of Securities by a plan is on terms (including the Security price) that are at least as favorable to the plan as they would be in an arm's-length transaction with an unrelated party;

(2)The rights and interests evidenced by the Securities are not subordinated to the rights and interests evidenced by other Securities of the same Issuer, unless the Securities are issued in a Designated Transaction;

(3)The Securities acquired by the plan have received a rating from a Rating Agency at the time of such acquisition that is in one of the three (or in the case of Designated Transactions, four) highest generic rating categories;

(4)The Trustee is not an Affiliate of any member of the Restricted Group, other than an Underwriter. For purposes of this requirement:

(a)The Trustee shall not be considered to be an Affiliate of a Servicer solely because the Trustee has succeeded to the rights and responsibilities of the Servicer pursuant to the terms of a Pooling and Servicing Agreement providing for such succession upon the occurrence of one or more events of default by the Servicer; and

(b)Subsection II.A.(4) will be deemed satisfied notwithstanding a Servicer becoming an Affiliate of the Trustee as the result of a merger or acquisition involving the Trustee, such Servicer and/or their Affiliates which occurs after the initial issuance of the Securities, provided that:

(i)Such Servicer ceases to be an Affiliate of the Trustee no later than six months after the date such Servicer became an Affiliate of the Trustee; and

(ii)Such Servicer did not breach any of its obligations under the Pooling and Servicing Agreement, unless such breach was immaterial and timely cured in accordance with the terms of such agreement, during the period from the closing date of such merger or acquisition transaction through the date the Servicer ceased to be an Affiliate of the Trustee;

(c)Effective October 1, 2007 through April 1, 2008, LaSalle Bank, N.A., the Trustee, shall not be considered to be an Affiliate of any member of the Restricted Group solely as the result of the acquisition of ABN Amro North America Holding Company, the holding company of LaSalle Bank Corporation and its subsidiary, LaSalle Bank, N.A. (LaSalle) by Bank of America Corporation and its subsidiaries (Bank of America) (the Acquisition), which occurred after the initial issuance of the Securities, provided that:

(i)The Trustee, LaSalle, ceases to be an Affiliate of any member of the Restricted Group no later than April 1, 2008;

(ii)Any member of the Restricted Group that is an Affiliate of the Trustee, LaSalle, did not breach any of its obligations under the Pooling and Servicing Agreement, unless such breach was immaterial and timely cured in accordance with the terms of such agreement, during the period from October 1, 2007 through the date the member of the Restricted Group ceased to be an Affiliate of the Trustee, LaSalle; and

(iii)In accordance with each Pooling and Servicing Agreement, the Trustee, LaSalle, appoints a co-trustee, which is not an Affiliate of Bank of America, no later than the earlier of

(A)January 2, 2008 or

(B)five business days after LaSalle becomes aware of a conflict between the Trustee and any member of the Restricted Group that is an Affiliate of the Trustee. The co-trustee will be responsible for resolving any conflict between the Trustee and any member of the Restricted Group that has become an Affiliate of the Trustee as a result of the Acquisition; provided that if the Trustee has resigned on or prior to January 2, 2008 and no event described in clause

(B)has occurred, no co-trustee shall be required.

(iv)For purposes of this subsection II.A.(4)(c), a conflict arises whenever

(A)Bank of America, as a member of the Restricted Group, fails to perform in accordance with the timeframes contained in the relevant Pooling and Servicing Agreement following a request for performance from LaSalle, as Trustee, or

(B)LaSalle, as Trustee, fails to perform in accordance with the timeframes contained in the relevant Pooling and Servicing Agreement following a request for performance from Bank of America, a member of the Restricted Group. The time as of which a conflict occurs is the earlier of: The day immediately following the last day on which compliance is required under the relevant Pooling and Servicing Agreement; or the day on which a party affirmatively responds that it will not comply with a request for performance. For purposes of this subsection II.A.(4)(c), the term “conflict” includes but is not limited to, the following:

(1)Bank of America's failure, as Sponsor, to repurchase a loan for breach of representation within the time period prescribed in the relevant Pooling and Servicing Agreement, following LaSalle's request, as Trustee, for performance;

(2)Bank of America, as Sponsor, notifies LaSalle, as Trustee, that it will not repurchase a loan for breach of representation, following LaSalle's request that Bank of America repurchase such loan within the time period prescribed in the relevant Pooling and Servicing Agreement (the notification occurs prior to the expiration of the prescribed time period for the repurchase); and

(3)Bank of America, as Swap Counterparty, makes or requests a payment based on a value of the London Interbank Offered Rate (LIBOR) that LaSalle, as Trustee, considers erroneous.

(5)The sum of all payments made to and retained by the Underwriters in connection with the distribution or placement of Securities represents not more than Reasonable Compensation for underwriting or placing the Securities; the sum of all payments made to and retained by the Sponsor pursuant to the assignment of obligations (or interests therein) to the Issuer represents not more than the fair market value of such obligations (or interests); and the sum of all payments made to and retained by the Servicer represents not more than Reasonable Compensation for the Servicer's services under the Pooling and Servicing Agreement and reimbursement of the Servicer's reasonable expenses in connection therewith;

(6)The plan investing in such Securities is an “accredited investor” as defined in Rule 501(a)(1) of Regulation D of the Securities and Exchange Commission under the Securities Act of 1933; and

(7)In the event that the obligations used to fund a Issuer have not all been transferred to the Issuer on the Closing Date, additional obligations of the types specified in subsection III.B.(1) may be transferred to the Issuer during the Pre-Funding Period in exchange for amounts credited to the Pre-Funding Account, provided that:

(a)The Pre-Funding Limit is not exceeded;

(b)All such additional obligations meet the same terms and conditions for determining the eligibility of the original obligations used to create the Issuer (as described in the prospectus or private placement memorandum and/or Pooling and Servicing Agreement for such Securities), which terms and conditions have been approved by a Rating Agency. Notwithstanding the foregoing, the terms and conditions for determining the eligibility of an obligation may be changed if such changes receive prior approval either by a majority vote of the outstanding securityholders or by a Rating Agency;

(c)The transfer of such additional obligations to the Issuer during the Pre-Funding Period does not result in the Securities receiving a lower credit rating from a Rating Agency upon termination of the Pre-Funding Period than the rating that was obtained at the time of the initial issuance of the Securities by the Issuer;

(d)The weighted average annual percentage interest rate (the average interest rate) for all of the obligations held by the Issuer at the end of the Pre-Funding Period will not be more than 100 basis points lower than the average interest rate for the obligations which were transferred to the Issuer on the Closing Date;

(e)In order to ensure that the characteristics of the receivables actually acquired during the Pre-Funding Period are substantially similar to those which were acquired as of the Closing Date, the characteristics of the additional obligations will either be monitored by a credit support provider or other insurance provider which is independent of the Sponsor or an independent accountant retained by the Sponsor will provide the Sponsor with a letter (with copies provided to the Rating Agency, the Underwriter and the Trustee) stating whether or not the characteristics of the additional obligations conform to the characteristics of such obligations described in the prospectus, private placement memorandum and/or Pooling and Servicing Agreement. In preparing such letter, the independent accountant will use the same type of procedures as were applicable to the obligations which were transferred as of the Closing Date;

(f)The Pre-Funding Period shall be described in the prospectus or private placement memorandum provided to investing plans; and

(g)The Trustee of the Trust (or any agent with which the Trustee contracts to provide Trust services) will be a substantial financial institution or trust company experienced in trust activities and familiar with its duties, responsibilities and liabilities as a fiduciary under the Act. The Trustee, as the legal owner of the obligations in the Trust or the holder of a security interest in the obligations held by the Issuer, will enforce all the rights created in favor of securityholders of the Issuer, including employee benefit plans subject to the Act;

(8)In order to insure that the assets of the Issuer may not be reached by creditors of the Sponsor in the event of bankruptcy or other insolvency of the Sponsor:

(a)The legal documents establishing the Issuer will contain:

(i)Restrictions on the Issuer's ability to borrow money or issue debt other than in connection with the securitization;

(ii)Restrictions on the Issuer merging with another entity, reorganizing, liquidating or selling assets (other than in connection with the securitization);

(iii)Restrictions limiting the authorized activities of the Issuer to activities relating to the securitization;

(iv)If the Issuer is not a Trust, provisions for the election of at least one independent director/partner/member whose affirmative consent is required before a voluntary bankruptcy petition can be filed by the Issuer; and

(v)If the Issuer is not a Trust, requirements that each independent director/partner/member must be an individual that does not have a significant interest in, or other relationships with, the Sponsor or any of its Affiliates; and

(b)The Pooling and Servicing Agreement and/or other agreements establishing the contractual relationships between the parties to the securitization transaction will contain covenants prohibiting all parties thereto from filing an involuntary bankruptcy petition against the Issuer or initiating any other form of insolvency proceeding until after the Securities have been paid; and

(c)Prior to the issuance by the Issuer of any Securities, a legal opinion is received which states that either:

(i)A “true sale” of the assets being transferred to the Issuer by the Sponsor has occurred and that such transfer is not being made pursuant to a financing of the assets by the Sponsor; or

(ii)In the event of insolvency or receivership of the Sponsor, the assets transferred to the Issuer will not be part of the estate of the Sponsor;

(9)If a particular class of Securities held by any plan involves a Ratings Dependent or Non-Ratings Dependent Swap entered into by the Issuer, then each particular swap transaction relating to such Securities:

(a)Shall be an Eligible Swap;

(b)Shall be with an Eligible Swap Counterparty;

(c)In the case of a Ratings Dependent Swap, shall provide that if the credit rating of the counterparty is withdrawn or reduced by any Rating Agency below a level specified by the Rating Agency, the Servicer (as agent for the Trustee) shall, within the period specified under the Pooling and Servicing Agreement:

(i)Obtain a replacement swap agreement with an Eligible Swap Counterparty which is acceptable to the Rating Agency and the terms of which are substantially the same as the current swap agreement (at which time the earlier swap agreement shall terminate); or

(ii)Cause the swap counterparty to establish any collateralization or other arrangement satisfactory to the Rating Agency such that the then current rating by the Rating Agency of the particular class of Securities will not be withdrawn or reduced. In the event that the Servicer fails to meet its obligations under this subsection II.A.(9)(c), plan securityholders will be notified in the immediately following Trustee's periodic report which is provided to securityholders, and sixty days after the receipt of such report, the exemptive relief provided under section I.C. will prospectively cease to be applicable to any class of Securities held by a plan which involves such Ratings Dependent Swap; provided that in no event will such plan securityholders be notified any later than the end of the second month that begins after the date on which such failure occurs.

(d)In the case of a Non-Ratings Dependent Swap, shall provide that, if the credit rating of the counterparty is withdrawn or reduced below the lowest level specified in section III.GG., the Servicer (as agent for the Trustee) shall within a specified period after such rating withdrawal or reduction:

(i)Obtain a replacement swap agreement with an Eligible Swap Counterparty, the terms of which are substantially the same as the current swap agreement (at which time the earlier swap agreement shall terminate); or

(ii)Cause the swap counterparty to post collateral with the Trustee in an amount equal to all payments owed by the counterparty if the swap transaction were terminated; or

(iii)Terminate the swap agreement in accordance with its terms; and

(e)Shall not require the Issuer to make any termination payments to the counterparty (other than a currently scheduled payment under the swap agreement) except from Excess Spread or other amounts that would otherwise be payable to the Servicer or the Sponsor;

(10)Any class of Securities, to which one or more swap agreements entered into by the Issuer applies, may be acquired or held in reliance upon this Underwriter Exemption only by Qualified Plan Investors; and

(11)Prior to the issuance of any debt securities, a legal opinion is received which states that the debt holders have a perfected security interest in the Issuer's assets. B. Neither any Underwriter, Sponsor, Trustee, Servicer, Insurer or any Obligor, unless it or any of its Affiliates has discretionary authority or renders investment advice with respect to the plan assets used by a plan to acquire Securities, shall be denied the relief provided under section I., if the provision of subsection II.A.(6) is not satisfied with respect to acquisition or holding by a plan of such Securities, provided that

(1)such condition is disclosed in the prospectus or private placement memorandum; and

(2)in the case of a private placement of Securities, the Trustee obtains a representation from each initial purchaser which is a plan that it is in compliance with such condition, and obtains a covenant from each initial purchaser to the effect that, so long as such initial purchaser (or any transferee of such initial purchaser's Securities) is required to obtain from its transferee a representation regarding compliance with the Securities Act of 1933, any such transferees will be required to make a written representation regarding compliance with the condition set forth in subsection II.A.(6). III. Definitions For purposes of this exemption: A. “Security” means:

(1)A pass-through certificate or trust certificate that represents a beneficial ownership interest in the assets of an Issuer which is a Trust and which entitles the holder to payments of principal, interest and/or other payments made with respect to the assets of such Trust; or

(2)A security which is denominated as a debt instrument that is issued by, and is an obligation of, an Issuer; with respect to which the Underwriter is either

(i)the sole underwriter or the manager or co-manager of the underwriting syndicate, or

(ii)a selling or placement agent. B. “Issuer” means an investment pool, the corpus or assets of which are held in trust (including a grantor or owner Trust) or whose assets are held by a partnership, special purpose corporation or limited liability company (which Issuer may be a Real Estate Mortgage Investment Conduit (REMIC) or a Financial Asset Securitization Investment Trust (FASIT) within the meaning of section 860D(a) or section 860L, respectively, of the Code); and the corpus or assets of which consist solely of:

(a)Secured consumer receivables that bear interest or are purchased at a discount (including, but not limited to, home equity loans and obligations secured by shares issued by a cooperative housing association); and/or

(b)Secured credit instruments that bear interest or are purchased at a discount in transactions by or between business entities (including, but not limited to, Qualified Equipment Notes Secured by Leases); and/or

(c)Obligations that bear interest or are purchased at a discount and which are secured by single-family residential, multi-family residential and/or commercial real property (including obligations secured by leasehold interests on residential or commercial real property); and/or

(d)Obligations that bear interest or are purchased at a discount and which are secured by motor vehicles or equipment, or Qualified Motor Vehicle Leases; and/or

(e)Guaranteed governmental mortgage pool certificates, as defined in 29 CFR 2510.3-101(i)(2); 6 and/or 6 In ERISA Advisory Opinion 99-05A (Feb. 22, 1999), the Department expressed its view that mortgage pool certificates guaranteed and issued by the Federal Agricultural Mortgage Corporation (“Farmer Mac”) meet the definition of a guaranteed governmental mortgage pool certificate as defined in 29 CFR 2510.3-101(i)(2).

(f)Fractional undivided interests in any of the obligations described in clauses (a)-(e) of this subsection B.(1). 7 7 It is the Department's view that the definition of Issuer contained in subsection III.B. includes a two-tier structure under which Securities issued by the first Issuer, which contains a pool of receivables described above, are transferred to a second Issuer which issues Securities that are sold to plans. However, the Department is of the further view that, since the Underwriter Exemption generally provides relief only for the direct or indirect acquisition or disposition of Securities that are not subordinated, no relief would be available if the Securities held by the second Issuer were subordinated to the rights and interests evidenced by other Securities issued by the first Issuer, unless such Securities were issued in a Designated Transaction. Notwithstanding the foregoing, residential and home equity loan receivables issued in Designated Transactions may be less than fully secured, provided that:

(i)The rights and interests evidenced by the Securities issued in such Designated Transactions (as defined in section III.DD.) are not subordinated to the rights and interests evidenced by Securities of the same Issuer;

(ii)such Securities acquired by the plan have received a rating from a Rating Agency at the time of such acquisition that is in one of the two highest generic rating categories; and

(iii)any obligation included in the corpus or assets of the Issuer must be secured by collateral whose fair market value on the Closing Date of the Designated Transaction is at least equal to 80% of the sum of:

(I)The outstanding principal balance due under the obligation which is held by the Issuer and

(II)the outstanding principal balance(s) of any other obligation(s) of higher priority (whether or not held by the Issuer) which are secured by the same collateral.

(2)Property which had secured any of the obligations described in subsection III.B.(1);

(a)Undistributed cash or temporary investments made therewith maturing no later than the next date on which distributions are made to securityholders; and/or

(b)Cash or investments made therewith which are credited to an account to provide payments to securityholders pursuant to any Eligible Swap Agreement meeting the conditions of subsection II.A.(9) or pursuant to any Eligible Yield Supplement Agreement; and/or

(c)Cash transferred to the Issuer on the Closing Date and permitted investments made therewith which:

(i)Are credited to a Pre-Funding Account established to purchase additional obligations with respect to which the conditions set forth in paragraphs (a)-(g) of subsection II.A.(7) are met; and/or

(ii)Are credited to a Capitalized Interest Account; and

(iii)Are held by the Issuer for a period ending no later than the first distribution date to securityholders occurring after the end of the Pre-Funding Period. For purposes of this paragraph

(c)of subsection III.B.(3), the term “permitted investments” means investments which:

(i)Are either:

(x)Direct obligations of, or obligations fully guaranteed as to timely payment of principal and interest by, the United States or any agency or instrumentality thereof, provided that such obligations are backed by the full faith and credit of the United States or

(y)have been rated (or the Obligor has been rated) in one of the three highest generic rating categories by a Rating Agency;

(ii)are described in the Pooling and Servicing Agreement; and

(iii)are permitted by the Rating Agency.

(4)Rights of the Trustee under the Pooling and Servicing Agreement, and rights under any insurance policies, third-party guarantees, contracts of suretyship, Eligible Yield Supplement Agreements, Eligible Swap Agreements meeting the conditions of subsection II.A.(9) or other credit support arrangements with respect to any obligations described in subsection III.B.(1). Notwithstanding the foregoing, the term “Issuer” does not include any investment pool unless:

(i)The assets of the type described in paragraphs (a)-(f) of subsection III.B.(1) which are contained in the investment pool have been included in other investment pools,

(ii)Securities evidencing interests in such other investment pools have been rated in one of the three (or in the case of Designated Transactions, four) highest generic rating categories by a Rating Agency for at least one year prior to the plan's acquisition of Securities pursuant to this Underwriter Exemption, and

(iii)Securities evidencing interests in such other investment pools have been purchased by investors other than plans for at least one year prior to the plan's acquisition of Securities pursuant to this Underwriter Exemption. C. “Underwriter” means:

(1)An entity defined as an Underwriter in subsection III.C.(1) of each of the Underwriter Exemptions that are being amended by this exemption. In addition, the term Underwriter includes Deutsche Bank AG, New York Branch and Deutsche Morgan Grenfell/C.J. Lawrence Inc, Credit Lyonnais Securities

(USA)Inc., ABN AMRO Inc., Ironwood Capital Partners Ltd., William J. Mayer Securities LLC, Raymond James & Associates Inc. & Raymond James Financial Inc., WAMU Capital Corporation, and Terwin Capital LLC (which received the approval of the Department to engage in transactions substantially similar to the transactions described in the Underwriter Exemptions pursuant to PTE 96-62);

(2)Any person directly or indirectly, through one or more intermediaries, controlling, controlled by or under common control with such entity; or

(3)Any member of an underwriting syndicate or selling group of which a person described in subsections III.C.(1) or

(2)is a manager or co-manager with respect to the Securities. Effective October 1, 2007 through April 1, 2008, “Underwriter” means:

(1)Banc of America Securities LLC, or an entity identified as an underwriter on the Securitization List at section III.KK. ( *i.e.* , Citigroup Global Market, Inc., Deutsche Bank Securities, and Goldman, Sachs & Co.);

(2)Any person directly or indirectly, through one or more intermediaries, controlling, controlled by or under common control with such entities; or

(3)Any member of an underwriting syndicate or selling group of which such firm or person described in subsections III.C.(1) or

(2)is a manager or co-manager with respect to the Securities. D. “Sponsor” means:

(1)The entity that organizes an Issuer by depositing obligations therein in exchange for Securities; or

(2)Effective October 1, 2007 through April 1, 2008, for those transactions listed on the Securitization List at section III.KK., Bank of America. E. “Master Servicer” means the entity that is a party to the Pooling and Servicing Agreement relating to assets of the Issuer and is fully responsible for servicing, directly or through Subservicers, the assets of the Issuer. F. “Subservicer” means an entity which, under the supervision of and on behalf of the Master Servicer, services loans contained in the Issuer, but is not a party to the Pooling and Servicing Agreement. G. “Servicer” means any entity which services loans contained in the Issuer, including the Master Servicer and any Subservicer. H. “Trust” means an Issuer which is a trust (including an owner trust, grantor trust or a REMIC or FASIT which is organized as a Trust). I. “Trustee” means the Trustee of any Trust which issues Securities and also includes an Indenture Trustee. “Indenture Trustee” means the Trustee appointed under the indenture pursuant to which the subject Securities are issued, the rights of holders of the Securities are set forth and a security interest in the Trust assets in favor of the holders of the Securities is created. The Trustee or the Indenture Trustee is also a party to or beneficiary of all the documents and instruments transferred to the Issuer, and as such, has both the authority to, and the responsibility for, enforcing all the rights created thereby in favor of holders of the Securities, including those rights arising in the event of default by the Servicer. J. “Insurer” means the insurer or guarantor of, or provider of other credit support for, an Issuer. Notwithstanding the foregoing, a person is not an insurer solely because it holds Securities representing an interest in an Issuer which are of a class subordinated to Securities representing an interest in the same Issuer. K. “Obligor” means any person, other than the Insurer, that is obligated to make payments with respect to any obligation or receivable included in the Issuer. Where an Issuer contains Qualified Motor Vehicle Leases or Qualified Equipment Notes Secured by Leases, “Obligor” shall also include any owner of property subject to any lease included in the Issuer, or subject to any lease securing an obligation included in the Issuer. L. “Excluded Plan” means any plan with respect to which any member of the Restricted Group is a “plan sponsor” within the meaning of section 3(16)(B) of the Act. M. “Restricted Group” with respect to a class of Securities means:

(1)Each Underwriter;

(2)Each Insurer;

(3)The Sponsor;

(4)The Trustee;

(5)Each Servicer;

(6)Any Obligor with respect to obligations or receivables included in the Issuer constituting more than 5 percent of the aggregate unamortized principal balance of the assets in the Issuer, determined on the date of the initial issuance of Securities by the Issuer;

(7)Each counterparty in an Eligible Swap Agreement; or

(8)Any Affiliate of a person described in subsections III.M.(1)-(7). N. “Affiliate” of another person includes:

(1)Any person directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with such other person;

(2)Any officer, director, partner, employee, relative (as defined in section 3(15) of the Act), a brother, a sister, or a spouse of a brother or sister of such other person; and

(3)Any corporation or partnership of which such other person is an officer, director or partner. O. “Control” means the power to exercise a controlling influence over the management or policies of a person other than an individual. P. A person will be “independent” of another person only if:

(1)Such person is not an Affiliate of that other person; and

(2)The other person, or an Affiliate thereof, is not a fiduciary who has investment management authority or renders investment advice with respect to any assets of such person. Q. “Sale” includes the entrance into a Forward Delivery Commitment, provided:

(1)The terms of the Forward Delivery Commitment (including any fee paid to the investing plan) are no less favorable to the plan than they would be in an arm's-length transaction with an unrelated party;

(2)The prospectus or private placement memorandum is provided to an investing plan prior to the time the plan enters into the Forward Delivery Commitment; and

(3)At the time of the delivery, all conditions of this Underwriter Exemption applicable to sales are met. R. “Forward Delivery Commitment” means a contract for the purchase or sale of one or more Securities to be delivered at an agreed future settlement date. The term includes both mandatory contracts (which contemplate obligatory delivery and acceptance of the Securities) and optional contracts (which give one party the right but not the obligation to deliver Securities to, or demand delivery of Securities from, the other party). S. “Reasonable Compensation” has the same meaning as that term is defined in 29 CFR 2550.408c-2. T. “Qualified Administrative Fee” means a fee which meets the following criteria:

(1)The fee is triggered by an act or failure to act by the Obligor other than the normal timely payment of amounts owing in respect of the obligations;

(2)The Servicer may not charge the fee absent the act or failure to act referred to in subsection III.T.(1);

(3)The ability to charge the fee, the circumstances in which the fee may be charged, and an explanation of how the fee is calculated are set forth in the Pooling and Servicing Agreement; and

(4)The amount paid to investors in the Issuer will not be reduced by the amount of any such fee waived by the Servicer. U. “Qualified Equipment Note Secured By A Lease” means an equipment note:

(1)Which is secured by equipment which is leased;

(2)Which is secured by the obligation of the lessee to pay rent under the equipment lease; and

(3)With respect to which the Issuer's security interest in the equipment is at least as protective of the rights of the Issuer as the Issuer would have if the equipment note were secured only by the equipment and not the lease. V. “Qualified Motor Vehicle Lease” means a lease of a motor vehicle where:

(1)The Issuer owns or holds a security interest in the lease;

(2)The Issuer owns or holds a security interest in the leased motor vehicle; and

(3)The Issuer's security interest in the leased motor vehicle is at least as protective of the Issuer's rights as the Issuer would receive under a motor vehicle installment loan contract. W. “Pooling and Servicing Agreement” means the agreement or agreements among a Sponsor, a Servicer and the Trustee establishing a Trust. “Pooling and Servicing Agreement” also includes the indenture entered into by the Issuer and the Indenture Trustee. X. “Rating Agency” means Standard & Poor's Ratings Services, a division of The McGraw-Hill Companies, Inc.; Moody's Investors Service, Inc.; FitchRatings, Inc.; DBRS Limited, or DBRS, Inc.; or any successors thereto. Y. “Capitalized Interest Account” means an Issuer account:

(i)Which is established to compensate securityholders for shortfalls, if any, between investment earnings on the Pre-Funding Account and the interest rate payable under the Securities; and

(ii)which meets the requirements of paragraph

(c)of subsection III.B.(3). Z. “Closing Date” means the date the Issuer is formed, the Securities are first issued and the Issuer's assets (other than those additional obligations which are to be funded from the Pre-Funding Account pursuant to subsection II.A.(7)) are transferred to the Issuer. AA. “Pre-Funding Account” means an Issuer account:

(i)Which is established to purchase additional obligations, which obligations meet the conditions set forth in paragraphs (a)-(g) of subsection II.A.(7); and

(ii)which meets the requirements of paragraph

(c)of subsection III.B.(3). BB. “Pre-Funding Limit” means a percentage or ratio of the amount allocated to the Pre-Funding Account, as compared to the total principal amount of the Securities being offered, which is less than or equal to 25 percent. CC. “Pre-Funding Period” means the period commencing on the Closing Date and ending no later than the earliest to occur of:

(i)The date the amount on deposit in the Pre-Funding Account is less than the minimum dollar amount specified in the Pooling and Servicing Agreement;

(ii)the date on which an event of default occurs under the Pooling and Servicing Agreement; or

(iii)the date which is the later of three months or ninety days after the Closing Date. DD. “Designated Transaction” means a securitization transaction in which the assets of the Issuer consist of secured consumer receivables, secured credit instruments or secured obligations that bear interest or are purchased at a discount and are:

(i)Motor vehicle, home equity and/or manufactured housing consumer receivables; and/or

(ii)motor vehicle credit instruments in transactions by or between business entities; and/or

(iii)single-family residential, multi-family residential, home equity, manufactured housing and/or commercial mortgage obligations that are secured by single-family residential, multi-family residential, commercial real property or leasehold interests therein. For purposes of this section III.DD., the collateral securing motor vehicle consumer receivables or motor vehicle credit instruments may include motor vehicles and/or Qualified Motor Vehicle Leases. EE. “Ratings Dependent Swap” means an interest rate swap, or (if purchased by or on behalf of the Issuer) an interest rate cap contract, that is part of the structure of a class of Securities where the rating assigned by the Rating Agency to any class of Securities held by any plan is dependent on the terms and conditions of the swap and the rating of the counterparty, and if such Security rating is not dependent on the existence of the swap and rating of the counterparty, such swap or cap shall be referred to as a “Non-Ratings Dependent Swap”. With respect to a Non-Ratings Dependent Swap, each Rating Agency rating the Securities must confirm, as of the date of issuance of the Securities by the Issuer, that entering into an Eligible Swap with such counterparty will not affect the rating of the Securities. FF. “Eligible Swap” means a Ratings Dependent or Non-Ratings Dependent Swap:

(1)Which is denominated in U.S. dollars;

(2)Pursuant to which the Issuer pays or receives, on or immediately prior to the respective payment or distribution date for the class of Securities to which the swap relates, a fixed rate of interest, or a floating rate of interest based on a publicly available index (e.g., LIBOR or the U.S. Federal Reserve's Cost of Funds Index (COFI)), with the Issuer receiving such payments on at least a quarterly basis and obligated to make separate payments no more frequently than the counterparty, with all simultaneous payments being netted;

(3)Which has a notional amount that does not exceed either:

(i)The principal balance of the class of Securities to which the swap relates, or

(ii)the portion of the principal balance of such class represented solely by those types of corpus or assets of the Issuer referred to in subsections III.B.(1),

(2)and (3);

(4)Which is not leveraged (i.e., payments are based on the applicable notional amount, the day count fractions, the fixed or floating rates designated in subsection III.FF.(2), and the difference between the products thereof, calculated on a one to one ratio and not on a multiplier of such difference);

(5)Which has a final termination date that is either the earlier of the date on which the Issuer terminates or the related class of Securities is fully repaid; and

(6)Which does not incorporate any provision which could cause a unilateral alteration in any provision described in subsections III.FF.(1) through

(4)without the consent of the Trustee. GG. “Eligible Swap Counterparty” means a bank or other financial institution which has a rating, at the date of issuance of the Securities by the Issuer, which is in one of the three highest long-term credit rating categories, or one of the two highest short-term credit rating categories, utilized by at least one of the Rating Agencies rating the Securities; provided that, if a swap counterparty is relying on its short-term rating to establish eligibility under the Underwriter Exemption, such swap counterparty must either have a long-term rating in one of the three highest long-term rating categories or not have a long-term rating from the applicable Rating Agency, and provided further that if the class of Securities with which the swap is associated has a final maturity date of more than one year from the date of issuance of the Securities, and such swap is a Ratings Dependent Swap, the swap counterparty is required by the terms of the swap agreement to establish any collateralization or other arrangement satisfactory to the Rating Agencies in the event of a ratings downgrade of the swap counterparty. HH. “Qualified Plan Investor” means a plan investor or group of plan investors on whose behalf the decision to purchase Securities is made by an appropriate independent fiduciary that is qualified to analyze and understand the terms and conditions of any swap transaction used by the Issuer and the effect such swap would have upon the credit ratings of the Securities. For purposes of the Underwriter Exemption, such a fiduciary is either:

(1)A “qualified professional asset manager” (QPAM), 8 as defined under Part V(a) of PTE 84-14, 49 FR 9494, 9506 (March 13, 1984), as amended by 70 FR 49305 (August 23, 2005); 8 PTE 84-14 provides a class exemption for transactions between a party in interest with respect to an employee benefit plan and an investment fund (including either a single customer or pooled separate account) in which the plan has an interest, and which is managed by a QPAM, provided certain conditions are met. QPAMs (e.g., banks, insurance companies, registered investment advisers with total client assets under management in excess of $85 million) are considered to be experienced investment managers for plan investors that are aware of their fiduciary duties under ERISA.

(2)An “in-house asset manager” (INHAM), 9 as defined under Part IV(a) of PTE 96-23, 61 FR 15975, 15982 (April 10, 1996); or 9 PTE 96-23 permits various transactions involving employee benefit plans whose assets are managed by an INHAM, an entity which is generally a subsidiary of an employer sponsoring the plan which is a registered investment adviser with management and control of total assets attributable to plans maintained by the employer and its affiliates which are in excess of $50 million.

(3)A plan fiduciary with total assets under management of at least $100 million at the time of the acquisition of such Securities. II. “Excess Spread” means, as of any day funds are distributed from the Issuer, the amount by which the interest allocated to Securities exceeds the amount necessary to pay interest to securityholders, servicing fees and expenses. JJ. “Eligible Yield Supplement Agreement” means any yield supplement agreement, similar yield maintenance arrangement or, if purchased by or on behalf of the Issuer, an interest rate cap contract to supplement the interest rates otherwise payable on obligations described in subsection III.B.(1). Such an agreement or arrangement may involve a notional principal contract provided that:

(1)It is denominated in U.S. dollars;

(2)The Issuer receives on, or immediately prior to the respective payment date for the Securities covered by such agreement or arrangement, a fixed rate of interest or a floating rate of interest based on a publicly available index (e.g., LIBOR or COFI), with the Issuer receiving such payments on at least a quarterly basis;

(3)It is not “leveraged” as described in subsection III.FF.(4);

(4)It does not incorporate any provision which would cause a unilateral alteration in any provision described in subsections III.JJ.(1)-(3) without the consent of the Trustee;

(5)It is entered into by the Issuer with an Eligible Swap Counterparty; and

(6)It has a notional amount that does not exceed either:

(i)The principal balance of the class of Securities to which such agreement or arrangement relates, or

(ii)the portion of the principal balance of such class represented solely by those types of corpus or assets of the Issuer referred to in subsections III.B.(1),

(2)and (3). KK. Effective October 1, 2007 through April 1, 2008, “Securitization List” means: Name & Exemption Issuance Type BofA Role Banc of America Comm. Mtge. 2001-PB1 93-31 C U, S, SC, SER Banc of America Comm. Mtge. 2004-2 93-31 C U, S, SER Banc of America Comm. Mtge. 2004-4 93-31 C U, S, SER Banc of America Comm. Mtge. 2004-6 93-31 C U, S, SER Banc of America Comm. Mtge. 2005-2 93-31 C U, S, SER Banc of America Comm. Mtge. 2005-3 93-31 C U, S, SER Banc of America Comm. Mtge. 2005-5 93-31 C U, S, SER Banc of America Comm. Mtge. 2005-6 93-31 C U, S, SER Banc of America Comm. Mtge. 2006-2 93-31 C U, S, SER Banc of America Comm. Mtge. 2006-5 93-31 C U, S, SER Banc of America Comm. Mtge. 2007-1 93-31 C U, S, SER Banc of America Large Loan 2006-BIX1 93-31 C U, S, SER Banc of America Large Loan 2004-BBA4 93-31 C U, S, SER Banc of America Large Loan 2005-BBA6 93-31 C U, S Bank of America Struct. Notes 2002-X1 93-31 C U, S, SC, SER Bear Stearns Series 2004-BBA3 93-31 C U, S, SER Bear Stearns Series 2007-BBA8 93-31 C U, S, SER Citigroup Commercial Mtg. 2006-FL2 89-89 (Citigroup Global) C S, SER COMM Series 2006-FL12 97-03E (Deutsche Bank) C S, SER COMM Series 2007-FL14 97-03E (Deutsche Bank) C S, SER COMM Series 2001-J2 93-31 C U, S, SC, SER COMM 2006-C8 97-03E (Deutsche Bank) C U, S, SER GE Capital Comm Mtge. Corp. 2002-2 93-31 C U, S, SER GE Capital Comm Mtge. Corp. 2003-C2 93-31 C U, S, SER GE Capital Comm Mtge. Corp. 2004-C2 93-31 C U, S, SER GE Capital Comm Mtge. Corp. 2005-C1 93-31 C U, S, SER GE Capital Comm Mtge. Corp. 2005-C3 93-31 C U, S, SER GE Capital Comm Mtge. Corp. 2006-C1 93-31 C U, S, SER GS Mortgage Sec. 2004-GG2 89-88 (Goldman, Sachs) C S Merrill Lynch Series 2004-BPC1 93-31 C U, S, SER Merrill Lynch Series 2005-MKB2 93-31 C U, S, SER Mortgage Cap. Funding 1996-MC2 93-31 C U, S Mortgage Cap. Funding 1997-MC2 93-31 C U, S NationsLink Funding Corp. 1999-LTL-1 93-31 C U, S, SER NationsLink Funding Corp. 1999-SL 93-31 C U, S, SER Asset Backed Funding Corp. 2002-SB1 93-31 R U, S C-BASS 2007-CBS 93-31 R U, S *Legend:* C = Commercial mortgage-backed securitizations; R = Residential mortgage-backed securitizations; U = Underwriter; S = Sponsor; SC = Swap Counterparty; SER = Servicer. *Effective Date:* This amendment was effective October 1, 2007. For a more complete statement of the facts and representations supporting the Department's decision to amend PTE 93-31, refer to the notice of proposed exemption that was published on March 13, 2008 in the **Federal Register** at 73 FR 13576. FOR FURTHER INFORMATION CONTACT: Wendy M. McColough of the Department, telephone

(202)693-8540. (This is not a toll-free number.) General Information The attention of interested persons is directed to the following:

(1)The fact that a transaction is the subject of an exemption under Section 408(a) of the Act and/or Section 4975(c)(2) of the Code does not relieve a fiduciary or other party in interest or disqualified person from certain other provisions to which the exemption does not apply and the general fiduciary responsibility provisions of Section 404 of the Act, which among other things require a fiduciary to discharge his duties respecting the plan solely in the interest of the participants and beneficiaries of the plan and in a prudent fashion in accordance with Section 404(a)(1)(B) of the Act; nor does it affect the requirement of Section 401(a) of the Code that the plan must operate for the exclusive benefit of the employees of the employer maintaining the plan and their beneficiaries;

(2)This exemption is supplemental to and not in derogation of, any other provisions of the Act and/or the Code, including statutory or administrative exemptions and transactional rules. Furthermore, the fact that a transaction is subject to an administrative or statutory exemption is not dispositive of whether the transaction is in fact a prohibited transaction; and

(3)The availability of this exemption is subject to the express condition that the material facts and representations contained in the application accurately describes all material terms of the transaction which is the subject of the exemption. Signed at Washington, DC, this 29th day of April 2008. Ivan Strasfeld, Director of Exemption Determinations, Pension and Welfare Benefits Administration, U.S. Department of Labor. [FR Doc. E8-10631 Filed 5-12-08; 8:45 am] BILLING CODE 4510-29-P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Records Schedules; Availability and Request for Comments AGENCY: National Archives and Records Administration (NARA). ACTION: Notice of availability of proposed records schedules; request for comments. SUMMARY: The National Archives and Records Administration

(NARA)publishes notice at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when no longer needed for current Government business. They authorize the preservation of records of continuing value in the National Archives of the United States and the destruction, after a specified period, of records lacking administrative, legal, research, or other value. Notice is published for records schedules in which agencies propose to destroy records not previously authorized for disposal or reduce the retention period of records already authorized for disposal. NARA invites public comments on such records schedules, as required by 44 U.S.C. 3303a(a). DATES: Requests for copies must be received in writing on or before June 12, 2008. Once the appraisal of the records is completed, NARA will send a copy of the schedule. NARA staff usually prepare appraisal memorandums that contain additional information concerning the records covered by a proposed schedule. These, too, may be requested and will be provided once the appraisal is completed. Requesters will be given 30 days to submit comments. ADDRESSES: You may request a copy of any records schedule identified in this notice by contacting the Life Cycle Management Division

(NWML)using one of the following means: *Mail:* NARA (NWML), 8601 Adelphi Road, College Park, MD 20740-6001. *E-mail:* *requestschedule@nara.gov* . *Fax:* 301-837-3698. Requesters must cite the control number, which appears in parentheses after the name of the agency which submitted the schedule, and must provide a mailing address. Those who desire appraisal reports should so indicate in their request. FOR FURTHER INFORMATION CONTACT: Laurence Brewer, Director, Life Cycle Management Division (NWML), National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. Telephone: 301-837-1539. E-mail: *records.mgt@nara.gov* . SUPPLEMENTARY INFORMATION: Each year Federal agencies create billions of records on paper, film, magnetic tape, and other media. To control this accumulation, agency records managers prepare schedules proposing retention periods for records and submit these schedules for NARA's approval, using the Standard Form

(SF)115, Request for Records Disposition Authority. These schedules provide for the timely transfer into the National Archives of historically valuable records and authorize the disposal of all other records after the agency no longer needs them to conduct its business. Some schedules are comprehensive and cover all the records of an agency or one of its major subdivisions. Most schedules, however, cover records of only one office or program or a few series of records. Many of these update previously approved schedules, and some include records proposed as permanent. The schedules listed in this notice are media neutral unless specified otherwise. An item in a schedule is media neutral when the disposition instructions may be applied to records regardless of the medium in which the records are created and maintained. Items included in schedules submitted to NARA on or after December 17, 2007, are media neutral unless the item is limited to a specific medium. (See 36 CFR 1228.24(b)(3).) No Federal records are authorized for destruction without the approval of the Archivist of the United States. This approval is granted only after a thorough consideration of their administrative use by the agency of origin, the rights of the Government and of private persons directly affected by the Government's activities, and whether or not they have historical or other value. Besides identifying the Federal agencies and any subdivisions requesting disposition authority, this public notice lists the organizational unit(s) accumulating the records or indicates agency-wide applicability in the case of schedules that cover records that may be accumulated throughout an agency. This notice provides the control number assigned to each schedule, the total number of schedule items, and the number of temporary items (the records proposed for destruction). It also includes a brief description of the temporary records. The records schedule itself contains a full description of the records at the file unit level as well as their disposition. If NARA staff has prepared an appraisal memorandum for the schedule, it too includes information about the records. Further information about the disposition process is available on request. Schedules Pending 1. Department of Agriculture, Agricultural Marketing Service (N1-136-06-6, 9 items, 7 temporary items). Databases and case files associated with the Plant Variety Protection Office (PVPO). Scheduled for temporary retention are accounting and tracking databases; reference databases; individual plant examiner files; name files; financial files; and case files for which PVPO certificates were not issued. Proposed for permanent retention are crop species databases and case files for which PVPO certificates were issued. 2. Department of Agriculture, Agricultural Research Service (N1-310-08-1, 9 items, 9 temporary items). Inputs and master files relating to an electronic information system that manages, tracks, documents, provides access to, and reports on research conducted primarily within the USDA/state agricultural research system. All significant information about the research itself as well as project outcomes is captured in the Current Research Information System, which has been scheduled as permanent. The proposed disposition instructions for master files are limited to electronic records. 3. Department of Defense, Defense Commissary Agency (N1-506-07-13, 2 items, 2 temporary items). Records relating to presentations by the agency head and business unit reports of activities. Reports and presentations having historical value were previously approved for permanent retention. 4. Department of Defense, Defense Commissary Agency (N1-506-08-1, 5 items, 5 temporary items). Records relating to ordering and pricing produce. Included are such records as pricing and availability information from suppliers, orders, shipping lists, stock levels, reports, pricing changes and inventories. 5. Department of Defense, Defense Logistics Agency (N1-361-06-1, 3 items, 3 temporary items). Master data file and outputs associated with an electronic information system used to supply clothing for military recruits and other military related personnel. 6. Department of Health and Human Services, Food and Drug Administration (N1-88-07-1, 44 items, 41 temporary items). Records of the National Center for Toxicological Research, including research project management records, research data, experiment protocols, and employee and materials safety records regarding radioactive and biological hazards. Proposed for permanent retention are program planning and policy records, annual research accomplishments and plans, and technical reports and manuscripts on research findings. The proposed disposition instructions are limited to paper records for technical reports and manuscripts on research findings. 7. Department of Homeland Security, Federal Emergency Management Agency (N1-311-08-1, 2 items, 2 temporary items). Recordings of telephone calls received from individuals seeking disaster assistance and associated records used to evaluate employee performance during the calls. 8. Department of Homeland Security, Federal Emergency Management Agency (N1-311-08-2, 1 item, 1 temporary item). National Emergency Training Center admission applications and course completion records, including competency scores and transcripts. 9. Department of Homeland Security, Management Directorate (N1-563-08-15, 1 item, 1 temporary item). Master file for an electronic information system used to track and evaluate performance of mail processing operations. 10. Department of Homeland Security, U.S. Citizenship and Immigration Services (N1-566-08-10, 1 item, 1 temporary item). Master file associated with an electronic information system containing biometric and biographical data on individuals applying for immigration benefits and used to produce identification cards. More complete information on an individual can be found in the Alien Files and will be scheduled for permanent retention. 11. Department of the Interior, National Business Center (N1-48-08-3, 6 items, 6 temporary items). Records relating to the Federal Personnel and Payroll System that include the master data files, software application requests, retirement records, and predict files. The proposed disposition instructions for the master data files and predict documentation are limited to electronic records. 12. Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives (N1-436-07-5, 2 items, 2 temporary items). Master file of a financial information system that captures work flow data and images of financial records. 13. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (N1-436-08-7, 2 items, 2 temporary items). Inputs and master file of the Giglio data system which stores potential witness impeachment data for employees. 14. Department of Justice, Executive Office for U.S. Attorneys (N1-60-08-5, 4 items, 4 temporary items). Inputs, outputs, and master file for the Victim Notification System, which tracks and provides notification of significant case events and activity to victims of federal crimes. 15. Department of the Navy, Agency-wide (N1-NU-08-2, 1 item, 1 temporary item). Unsolicited communications of information related to security of agency personnel or property determined to warrant no further investigation. 16. Department of the Navy, United States Marine Corps (N1-NU-07-12, 1 item, 1 temporary item). Master file associated with an electronic information system that tracks progression of military justice cases to ensure a speedy trial. The proposed disposition instructions are limited to electronic records. 17. Environmental Protection Agency, Office of the Chief Financial Officer (N1-412-07-69, 8 items, 6 temporary items). This schedule authorizes the agency to apply existing disposition instructions to records regardless of the recordkeeping medium. The records include time and attendance records used for payroll processing, payroll support and payroll control records, pay folders, external accounting reports required by Government-wide regulations, and administrative documentation relating to audit resolution. Paper recordkeeping copies of these files, with the exception of administrative documentation relating to audit resolution, were previously authorized for disposal. Also included are audit resolution board case files, for which paper recordkeeping copies previously were approved as permanent. 18. Environmental Protection Agency, Office of Water (N1-412-08-1, 4 items, 4 temporary items). Input, electronic data, system documentation, and implementation files for the Safe Drinking Water Accession and Review System, which supports the management of laboratory data collected under the unregulated contaminant monitoring rule. 19. Environmental Protection Agency, Office of Water (N1-412-08-2, 2 items, 2 temporary items). Input and electronic data for the National Contaminant Occurrence database, which contains occurrence data from public water systems and other sources on physical, chemical, microbial and radiological contaminants for both detections and non-detects. 20. Federal Maritime Commission, Bureau of Trade Analysis (N1-358-08-05, 2 items, 2 temporary items). Master file and outputs supporting an automated tariff registration system that provides tariff publication locations for shippers and the public. 21. National Archives and Records Administration, Office of Administration (N1-64-08-8, 4 items, 4 temporary items). Master file and related records for a legacy automated property management system used to track agency accountable personal property. Dated: May 8, 2008. Sharon Thibodeau, Deputy Assistant Archivist for Records Services—Washington, DC. [FR Doc. E8-10700 Filed 5-12-08; 8:45 am] BILLING CODE 7515-01-P NATIONAL SCIENCE FOUNDATION Advisory Committee for Social, Behavioral, and Economic Sciences; Notice of Meeting In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting: *Name:* Advisory Committee for Social, Behavioral, and Economic Sciences (#1171). *Date/Time:* June 5, 2008; 8:30 a.m. to 5 p.m.; June 6, 2008; 8:30 a.m. to 1 p.m. *Place:* Hilton Arlington, 950 North Stafford Street, Second Floor—Master's Ball Room, Arlington, Virginia 22230. *Type of Meeting:* Open. *Contact Person:* Ms. Lisa L. Jones, Office of the Assistant Director, Directorate for Social, Behavioral, and Economic Sciences, National Science Foundation, 4201 Wilson Boulevard, Room 905, Arlington, Virginia 22230, 703-292-8700. *Summary Minutes:* May be obtained from contact person listed above. *Purpose of Meeting:* To provide advice and recommendations to the National Science Foundation on major goals and policies pertaining to Social, Behavioral and Economic Sciences Directorate programs and activities. *Agenda:* Thursday Updates and Discussion on Continuing Activities • Budget process and status. • Human and Social Dynamics—COV discussion and plans for the future. • SBE participation in NSF initiatives for FY 2009. • Sustainability workshop report. • SBE infrastructure. • Linkages with DOD. Friday Updates and Discussion on Continuing Activities. • International activities. • Questions from the National Science Board: Limitations on proposal submission; cost sharing. • Broadening participation. • Human capital and succession planning in SBE. Discussion with the NSF Director. Planning for FY 2010 and Beyond. Dated: May 8, 2008. Susanne Bolton, Committee Management Officer. [FR Doc. E8-10629 Filed 5-12-08; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION Sunshine Federal Register Notice Agency Holding the Meetings: Nuclear Regulatory Commission. Dates: Weeks of May 12, 19, 26, June 2, 9, 16, 2008. Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland. Status: Public and Closed. Week of May 12, 2008 Wednesday, May 14, 2008 11 a.m. Discussion of Security Issues (Closed—Ex. 1). Friday, May 16, 2008 8:55 a.m. Affirmation Session (Public Meeting) (Tentative). a. AmerGen Energy Company, LLC (Oyster Creek Nuclear Generating Station), Docket No. 50-219-LR, Citizens' Petition for Review of LBP-07-17 and Other Interlocutory Decisions in the Oyster Creek Proceeding (Tentative). b. Oyster Creek, Indian Point, Pilgrim, and Vermont Yankee License Renewals, Docket Nos. 50-219-LR, 50-247-LR, 50-286-LR, 50-293-LR, 50-271-LR, Petition to Suspend Proceedings (Tentative). c. Entergy Nuclear Generation Co. and Entergy Nuclear Operations, Inc. (Pilgrim Nuclear Power Station), Docket No. 50-293-LR—Entergy's Request for Guidance on the First Circuit's Administrative Stay (Tentative). This meeting will be webcast live at the Web address— *http://www.nrc.gov.* 9 a.m. Briefing on NRC Infrastructure (Public Meeting), (Contact: Peter Rabideau, 301 415-7323). This meeting will be webcast live at the Web address— *http://www.nrc.gov.* Week of May 19, 2008—Tentative There are no meetings scheduled for the Week of May 19, 2008. Week of May 26, 2008—Tentative Tuesday, May 27, 2008 1:30 p.m. NRC All Hands Meeting (Public Meeting), Marriott Bethesda North Hotel, 5701 Marinelli Road, Rockville, MD 20852. Wednesday, May 28, 2008 9:30 a.m. Briefing on Equal Employment Opportunity

(EEO)and Workforce Planning (Public Meeting) (Contact: Kristin Davis, 301 492-2266). This meeting will be webcast live at the Web address— *http://www.nrc.gov.* Week of June 2, 2008—Tentative Wednesday, June 4, 2008 9:30 a.m. Briefing on Results of the Agency Action Review Meeting

(AARM)(Public Meeting) (Contact: Shaun Anderson, 301 415-2039). This meeting will be webcast live at the Web address— *http://www.nrc.gov.* Thursday, June 5, 2008 1:30 p.m. Meeting with Advisory Committee on Reactor Safeguards

(ACRS)(Public Meeting) (Contact: Tanny Santos, 301 415-7270). This meeting will be webcast live at the Web address— *http://www.nrc.gov.* Week of June 9, 2008—Tentative There are no meetings scheduled for the Week of June 9, 2008. Week of June 16, 2008—Tentative There are no meetings scheduled for the Week of June 16, 2008. * The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings, call (recording)—(301) 415-1292. Contact person for more information: Michelle Schroll,

(301)415-1662. The NRC Commission Meeting Schedule can be found on the Internet at: *http://www.nrc.gov/about-nrc/policy-making/schedule.html.* The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g. braille, large print), please notify the NRC's Disability Program Coordinator, Rohn Brown, at 301-492-2279, TDD: 301-415-2100, or by e-mail at *REB3@nrc.gov.* Determinations on requests for reasonable accommodation will be made on a case-by-case basis. This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301-415-1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to *dkw@nrc.gov.* Dated: May 8, 2008. Rochelle C. Bavol, Office of the Secretary. [FR Doc. 08-1255 Filed 5-9-08; 10:35 am]

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