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Code · REGISTER · 2008-05-27 · Department of Education · Notices

Notices. Notice of workshop

69,055 words·~314 min read·/register/2008/05/27/08-1302

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

BILLING CODE 6351-01-P DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before July 28, 2008. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues:
(1)Is this collection necessary to the proper functions of the Department;
(2)will this information be processed and used in a timely manner;
(3)is the estimate of burden accurate;
(4)how might the Department enhance the quality, utility, and clarity of the information to be collected; and
(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology? Dated: May 20, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Office of Elementary and Secondary Education *Type of Review:* New. *Title:* Migrant Student Information Exchange User Application Form. *Frequency:* On occasion. *Affected Public:* Individuals or Households; State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 9,800. *Burden Hours:* 4,900. *Abstract:* The collection is the user application form that is completed by State migrant education program staff who need to obtain access to the Migrant Student Information Exchange
(MSIX)system. MSIX user Administrators in the States will gather and verify information on applicants who will use MSIX. The application form specifies the MSIX user's identity, title/position, work address, work telephone, business e-mail address, and role. These applicants would typically be school counselors, registrars, and Migrant Education Program
(MEP)specialists. The MSIX is authorized under Section 1308(b)(1) and
(2)of Part C of Title l of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001. A System of Records Notice
(SORN)for the Privacy Act System associated with this information collection is underway. Privacy Data will not be retrieved until an approved SORN has been published in the **Federal Register** for 30 days, or is approved by OMB. Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 3650. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E8-11717 Filed 5-23-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION National Advisory Committee on Institutional Quality and Integrity (NACIQI): Notice of Meeting Changes AGENCY: National Advisory Committee on Institutional Quality and Integrity, Department of Education. SUMMARY: This notice advises interested parties of changes concerning the June 9-10, 2008 meeting of the National Advisory Committee on Institutional Quality and Integrity (NACIQI) and amends information provided in the original meeting notice published in the March 3, 2008 **Federal Register** (73 FR 11404). FOR FURTHER INFORMATION CONTACT: Ms. Melissa Lewis, the Executive Director of the National Advisory Committee on Institutional Quality and Integrity, U.S. Department of Education, Room 7127, MS 7592, 1990 K St., NW., Washington, DC 20006, telephone:
(202)219-7009; fax:
(202)219-7008, e-mail: *Melissa.Lewis@ed.gov* . Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service at 1-800-877-8339 between 8 a.m. and 8 p.m. Eastern time, Monday through Friday. SUPPLEMENTARY INFORMATION: The changes to the agenda for the June 2008 meeting of the NACIQI, to be held at The Liaison Capitol Hill, 415 New Jersey Avenue, NW., Washington, DC 20001:
(1)The NACIQI is now scheduled to meet on Monday, June 9, 2008, from 9:15 a.m. to approximately 6 p.m. The NACIQI will not meet on Tuesday, June 10, 2008.
(2)The agency listed below, which was originally scheduled for review during the NACIQI's June 2008 meeting, will be postponed for review until a future meeting. 1. American Bar Association, Council of the Section of Legal Education and Admissions to the Bar (Current and requested scope of recognition: The accreditation throughout the United States of programs in legal education that lead to the first professional degree in law, as well as freestanding law schools offering such programs. This recognition also extends to the Accreditation Committee of the Section of Legal Education (Accreditation Committee) for decisions involving continued accreditation (referred to by the agency as “approval”) of law schools.) Any third-party written comments regarding this agency that were received by April 2, 2008, in accordance with the **Federal Register** notice published on March 3, 2008, will become part of the official record, and those comments will be considered by the NACIQI when it reviews the agency's petition for continued recognition at a future meeting. In addition, prior to the meeting, another opportunity to provide written comments on the agency will be announced in a **Federal Register** notice. How May I Obtain Electronic Access to This Document? You may view this document, as well as all other Department of Education documents published in the **Federal Register** , in text or Adobe Portable Document Format (PDF), on the Internet at the following site: *http://www.ed.gov/legislation/FedRegister* . To use PDF, you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html* . Authority: 5 U.S.C. Appendix 2. Dated: May 19, 2008. Diane Auer Jones, Assistant Secretary for Postsecondary Education. [FR Doc. E8-11778 Filed 5-23-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings # 1 May 15, 2008. Take notice that the Commission received the following electric rate filings: *Docket Numbers:* ER99-2156-013; ER96-719-019; ER97-2801-020. *Applicants:* Cordova Energy Company LLC; MidAmerican Energy Company; PacifiCorp. *Description:* Cordova Energy Co, LLC *et al.* submits a revised table of assets to its 3/31/08 filing. *Filed Date:* 05/09/2008. *Accession Number:* 20080514-0160. *Comment Date:* 5 p.m. Eastern Time on Friday, May 30, 2008. *Docket Numbers:* ER01-1071-011; ER06-9-006; ER05-1281-006; ER03-34-010; ER06-1261-005; ER03-1104-007; ER03-1105-007; ER08-197-004; ER07-904-002; ER98-2076-014; ER98-4222-012; ER07-1157-003; ER01-174-003; ER07-875-002. *Applicants:* Badger Windpower, LLC; FPL Energy Burleigh County Wind, LLC; FPL Energy Duane Arnold, LLC; FPL Energy Hancock County Wind, LLC; FPL Energy Mower County, LLC; FPL Energy North Dakota Wind, LLC; FPL Energy North Dakota Wind II, LLC; FPL Energy Oliver Wind II, LLC; FPL Energy Point Beach, LLC; Hawkeye Power Partners, LLC; Lake Benton Power Partners II, LLC; Logan Wind Energy LLC; Osceola Windpower, LLC; Peetz Table Wind Energy, LLC. *Description:* FPL Energy Affiliates submits revised market-based rate tariffs—First Revised Sheet 1 to FERC Electric Tariff, Original Volume 11 *et al.* *Filed Date:* 05/12/2008. *Accession Number:* 20080514-0264. *Comment Date:* 5 p.m. Eastern Time on Monday, June 02, 2008. *Docket Numbers:* ER02-506-010; ER98-2783-013; ER99-3822-013; ER07-841-003; ER01-140-009; ER07-842-003; ER00-1895-011; ER07-843-003; ER07-844-003; ER07-845-003; ER07-846-000; ER99-4160-014; ER01-141-009; ER07-847-003; ER00-3696-010; ER01-943-009; ER05-1266-007; ER08-451-002; ER01-3109-011; ER01-1044-010; ER99-2157-010; ER02-553-009; ER03-42-014. *Applicants:* Bluegrass Generation Company, L.L.C.; Bridgeport Energy, LLC; Casco Bay Energy Company, LLC; Dynegy Arlington Valley, LLC; Dynegy Danskammer, L.L.C.; Dynegy Kendall Energy, LLC; Dynegy Midwest Generation, Inc.; Dynegy Mohave, LLC; Dynegy Morro Bay, LLC; Dynegy Moss Landing, LLC; Dynegy Oakland, LLC; Dynegy Power Marketing, Inc.; Dynegy Roseton, L.L.C.; Dynegy South Bay, LLC; Griffith Energy LLC; Heard County Power, L.L.C.; Ontelaunee Power Operating Company, LLC; Plum Point Energy Associates, LLC; Renaissance Power, L.L.C.; Riverside Generating Company, L.L.C.; Rocky Road Power, LLC; Rolling Hills Generating, L.L.C.; Sithe/Independence Power Partners, L.P. *Description:* Bluegrass Generation Company, LLC *et al.* submits Original Sheet 1 *et al.* to FERC Electric Tariff, First Revised Volume 1, in compliance with FERC's directives in Orders 697 & 697-A. *Filed Date:* 05/02/2008. *Accession Number:* 20080508-0195. *Comment Date:* 5 p.m. Eastern Time on Friday, May 23, 2008. *Docket Numbers:* ER05-665-004. *Applicants:* Barrick Goldstrike Mines Inc. *Description:* Withdrawal of Triennial update and application for finding as a Category 1 Seller of Barrick Goldstrike Mines Inc. *Filed Date:* 05/14/2008. *Accession Number:* 20080514-5071. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 04, 2008. *Docket Numbers:* ER06-738-011; ER06-739-011. *Applicants:* Cogen Technologies Linden Venture, L.P. *Description:* Cogen Technologies Linden Venture, LP submits Substitute First Revised Sheet 1 & Substitute First Revised Sheet 2, showing changes to the revised tariff sheets submitted on 12/14/07. *Filed Date:* 05/13/2008. *Accession Number:* 20080514-0190. *Comment Date:* 5 p.m. Eastern Time on Tuesday, June 03, 2008. *Docket Numbers:* ER08-656-001. *Applicants:* Shell Energy North America (U.S.), L.P. *Description:* Shell Energy North America (U.S.), L.P. submits Original Sheet 1 *et al.* to First Revised Rate Schedule 1. *Filed Date:* 05/12/2008. *Accession Number:* 20080514-0262. *Comment Date:* 5 p.m. Eastern Time on Monday, June 02, 2008. *Docket Numbers:* ER08-851-001. *Applicants:* Valencia Power, LLC. *Description:* Valencia Power, LLC submits revised pages of their proposed FERC Electric Tariff, Original Volume 1 in compliance with the requirements of FERC's Order 697. *Filed Date:* 05/12/2008. *Accession Number:* 20080514-0261. *Comment Date:* 5 p.m. Eastern Time on Monday, June 02, 2008. *Docket Numbers:* ER08-943-000. *Applicants:* PJM Interconnection L.L.C. *Description:* PJM Interconnection, L.L.C. submits the Market Monitoring Services Agreement, PJM Interconnection, L.L.C. Rate Schedule FERC 46. *Filed Date:* 05/12/2008. *Accession Number:* 20080514-0266. *Comment Date:* 5 p.m. Eastern Time on Monday, June 02, 2008. *Docket Numbers:* ER08-944-000. *Applicants:* Xcel Energy Services, Inc. *Description:* Xcel Energy Services, Inc submits the Notice of Cancellation of the Transmission Capacity and Planning Agreement dated 8/15/88 between Northern States Power Company, a Minnesota corporation and City of Springfield etc. *Filed Date:* 05/12/2008. *Accession Number:* 20080514-0259. *Comment Date:* 5 p.m. Eastern Time on Monday, June 02, 2008. *Docket Numbers:* ER08-945-000. *Applicants:* Westar Energy, Inc. *Description:* Kansas Gas and Electric Company submits Fourth Revised Sheet 1 and Third Revised Sheet 3 of Rate Schedule FERC 152 a Wholesale Electric Service Agreement between KGE and the Missouri Public Service etc. *Filed Date:* 05/12/2008. *Accession Number:* 20080514-0258. *Comment Date:* 5 p.m. Eastern Time on Monday, June 02, 2008. *Docket Numbers:* ER08-946-000. *Applicants:* California Independent System Operator Corporation. *Description:* California Independent System Operator Corporation submits notice regarding the revised transmission Access Charges effective 2/20/08. *Filed Date:* 05/12/2008. *Accession Number:* 20080514-0257. *Comment Date:* 5 p.m. Eastern Time on Monday, June 02, 2008. *Docket Numbers:* ER08-947-000. *Applicants:* Goodman, James A. *Description:* Tiverton Power Inc *et al.* submits a notice of cancellation of the Market-Based Rate Tariff of James Goodman, Receiver. *Filed Date:* 05/13/2008. *Accession Number:* 20080514-0256. *Comment Date:* 5 p.m. Eastern Time on Tuesday, June 03, 2008. *Docket Numbers:* ER08-948-000. *Applicants:* San Diego Gas & Electric Company. *Description:* San Diego Gas & Electric Company submits changes in its transmission revenue requirement and rate revisions related to changes to Post-Employment Benefits Other Than Pensions expense levels. *Filed Date:* 05/13/2008. *Accession Number:* 20080514-0263. *Comment Date:* 5 p.m. Eastern Time on Tuesday, June 03, 2008. *Docket Numbers:* ER08-949-000. *Applicants:* Westar Energy, Inc. *Description:* Westar Energy Inc submits a Petition for Approval of Settlement Agreement. *Filed Date:* 05/13/2008. *Accession Number:* 20080514-0254. *Comment Date:* 5 p.m. Eastern Time on Tuesday, June 03, 2008. *Docket Numbers:* ER08-950-000. *Applicants:* ISO New England Inc. *Description:* ISO New England, Inc & Northeast Utilities Service Company *et al.* submits an unexecuted conforming Standard Large Generator Interconnection Agreement with Russell Biomass, LLC under Rate Schedule 22. *Filed Date:* 05/13/2008. *Accession Number:* 20080514-0255. *Comment Date:* 5 p.m. Eastern Time on Tuesday, June 03, 2008. *Docket Numbers:* ER08-951-000. *Applicants:* PSEG Energy Resources & Trade LLC. *Description:* PSEG Energy Resources & Trade, LLC submits Rate Schedule FERC 3. *Filed Date:* 05/13/2008. *Accession Number:* 20080514-0191. *Comment Date:* 5 p.m. Eastern Time on Tuesday, June 03, 2008. Take notice that the Commission received the following open access transmission tariff filings: *Docket Numbers:* OA07-52-003. *Applicants:* Puget Sound Energy, Inc. *Description:* Order No. 890 OATT Filing of Puget Sound Energy, Inc. (Corrected First Revised Sheet No. 184). *Filed Date:* 05/14/2008. *Accession Number:* 20080514-5100. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 04, 2008. Take notice that the Commission received the following public utility holding company filings: *Docket Numbers:* PH08-24-000; PH08-25-000. *Applicants:* Horizon Asset Management, Inc. *Description:* Horizon Asset Management, Inc submits two modifications of exemption on Form 65A . *Filed Date:* 05/07/2008. *Accession Number:* 20080514-0272. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 28, 2008. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov* . To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E8-11728 Filed 5-23-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 May 20, 2008. Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: *Docket Numbers:* RP05-157-013. *Applicants:* Saltville Gas Storage Company L.L.C. *Description:* Saltville Gas Storage Company, LLC submits First Revised Sheet 21A *et al* to its FERC Gas Tariff, Original Volume 1, to become effective 6/15/08. *Filed Date:* 05/15/2008. *Accession Number:* 20080516-0147. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 27, 2008. *Docket Numbers:* RP08-341-000. *Applicants:* Canyon Creek Compression Company. *Description:* Canyon Creek Compression Co submits a statement of Nature, Reasons and Basis *et al* in accordance with Section 37 of its tariff. *Filed Date:* 04/30/2008. *Accession Number:* 20080501-0036. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 27, 2008. *Docket Numbers:* RP08-379-000. *Applicants:* Alliance Pipeline L.P. *Description:* Alliance Pipeline LP submits Fourth Revised Sheet 279 to FERC Gas Tariff, Original Volume 1, to become effective 6/1/08. *Filed Date:* 05/15/2008. *Accession Number:* 20080516-0148. *Comment Date:* 5 p.m. Eastern Time on Tuesday, May 27, 2008. *Docket Numbers:* CP06-407-005. *Applicants:* Missouri Interstate Gas LLC. *Descriptions:* Missouri Interstate Gas LLC., submits First Revised Tariff Sheet No. 5 to FERC Gas Tariff, First Revised Volume No. 1. *Filed Date:* May 12, 2008. *Accession Number:* 200805-4014. *Comment Date:* 5 p.m. Eastern Time Tuesday, June 3, 2008. *Docket Numbers:* CP08-399-000. *Applicants:* Columbia Gulf Transmission Company. *Descriptions:* Columbia Gulf Transmission Company submits an abbreviated application for permission and approval to abandon natural gas service (Rate Schedule X67). *Filed Date:* May 15, 2008. *Accession Number:* 20080516-0149. *Comment Date:* 5 p.m. Eastern Time Tuesday, June 3, 2008. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov* . To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov.* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E8-11729 Filed 5-23-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PF08-14-000] Florida Gas Transmission Company, LLC; Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Phase VIII Expansion Project, Request for Comments on Environmental Issues, and Notice of Public Scoping Meetings May 19, 2008. The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental impact statement
(EIS)that will discuss the environmental impacts of Florida Gas Transmission Company, LLC's
(FGT)proposed Phase VIII Expansion Project. The project involves the construction and operation of natural gas pipeline and compressor facilities in various counties in Alabama and Florida as discussed below. This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies on the proposed project. Your input will help determine which issues need to be evaluated in the EIS. Please note that the scoping period will close on June 20, 2008. This notice is being sent to affected landowners; federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; other interested parties; and local libraries and newspapers. State and local government representatives are asked to notify their constituents along this proposed project and encourage them to comment on their areas of concern. Comments regarding this project may be submitted in written form or verbally. Further details on how to submit written or electronic comments are provided in the public participation section of this notice. In lieu of or in addition to sending written comments, we invite you to attend the public scoping meetings we have scheduled as follows: Date Location Tuesday, June 3, 2008, 7 p.m.
(EST)Crestview Community Center, 1446 Commerce Drive, Crestview, Florida, 850-682-0647. Wednesday, June 4, 2008, 7 p.m.
(EST)Catholic Church Parish Hall, 2750 S. Byron Butler Pkwy, Perry, Florida, 850-584-8853. Tuesday, June 10, 2008, 7 p.m.
(EST)Residence Inn by Marriott, 2101 Northpointe Parkway, Lutz, Florida, 813-792-8400. Thursday, June 12, 2008, 7 p.m.
(EST)Lake Placid Middle School (Auditorium), 201 Tangerine Avenue, Lake Placid, Florida, 863-699-5030. The FERC will be the lead federal agency for the preparation of the EIS. The document will satisfy the requirements of the National Environmental Policy Act of 1969 (NEPA). In addition, with this notice, we 1 are asking other federal, state, and local agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the EIS. These agencies may choose to participate once they have evaluated FGT's proposal relative to their responsibilities. Agencies that would like to request cooperating status should follow the instructions for filing comments described later in this notice. Consultations have been initiated with the U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, and other state and/or federal wildlife management and environmental agencies. Consultations with these and other agencies will continue throughout the project review and permitting period. 1 “We,” “us,” and “our” refer to the environmental staff of the Office of Energy Projects. If you are a landowner receiving this notice, you may be contacted by an FGT representative about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The pipeline company would seek to negotiate a mutually acceptable agreement. However, if the project is approved by the FERC, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, the pipeline company could initiate condemnation proceedings in accordance with state law. A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility on My Land? What Do I Need To Know?” is available for viewing on the FERC Internet Web site ( *http://www.ferc.gov* ). This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the FERC's proceedings. Summary of the Proposed Project FGT proposes to construct and operate an expansion of the existing FGT pipeline system that would increase FGT's certificated capacity by about one billion cubic feet per day of natural gas. The Phase VIII Expansion Project would consist of looping 2 portions of their existing pipelines; installing horsepower at new or existing compressor stations; acquiring an existing lateral; and constructing new laterals. The Phase VIII Expansion Project would consist of about 567.6 miles of pipeline with ancillary facilities, and an additional 207,900 horsepower of compression. Specifically, FGT seeks authority to construct and operate: 2 A pipeline “loop” is a pipeline connected to another pipeline at each end, generally parallel to or located near each other, to provide additional capacity and reliability. Eleven Pipeline Loop Segments • Loop 1 would be about 25.5 miles of 42-inch-diameter pipeline located in Mobile County, Alabama (milepost [MP] 165.3 to Compressor Station [CS] 11). • Loop 2 would be about 47.6 miles of 36-inch-diameter pipeline located in Baldwin and Escambia Counties, Alabama and Escambia and Santa Rosa Counties, Florida (MP 205.0 to MP 252.6). • Loop 3 would be about 50.7 miles of 36-inch-diameter pipeline located in Santa Rosa, Okaloosa, and Walton Counties, Florida (CS 12 to MP 310.9). FGT would also remove a previously abandoned 24-inch-diameter pipeline from about MP 260.2 to MP 273.5. • Loop 4 would be about 59 miles of 36-inch-diameter pipeline located in Washington, Bay, and Calhoun Counties, Florida (CS 13 to MP 383.5). FGT would also remove a previously abandoned 24-inch-diameter pipeline from about MP 327.6 to MP 340.2. • Loop 5 would be about 66.8 miles of 36-inch-diameter pipeline located in Gadsden, Leon, and Jefferson Counties, Florida (CS 14 to MP 461.5). • Loop 6 would be about 35.2 miles of 36-inch-diameter pipeline located in Taylor, Lafayette, and Suwannee Counties, Florida (CS 15 to MP 503.9). • Loop 7 would be about 12.8 miles of 36-inch-diameter pipeline located in Suwannee and Gilchrist Counties, Florida (West Leg
(WL)MP 0.0 to MP 12.8). • Loop 8 would be about 46.1 miles of 36-inch-diameter pipeline located in Levy and Citrus Counties, Florida (WL MP 44.5 to CS 26). • Loop 9 would be about 49.3 miles of 36-inch-diameter pipeline located in Hernando, Pasco, and Hillsborough Counties, Florida (WL MP 110.9 to CS 27). • Loop 10 would be about 38.8 miles of 36-inch-diameter pipeline located in Hillsborough and Polk Counties, Florida (CS 27 to WL MP 199.0). • Loop 11 (Turkey Point Lateral), would be about 6.7 miles of 24-inch-diameter pipeline located in Dade County, Florida (MP 11.3 to 18.0). Three Greenfield Pipeline Segments • The Suwannee Lateral would be about 22.0 miles of 20-inch-diameter pipeline including about 8 miles of pipeline loop located in Lafayette County, Florida and about 14 miles of greenfield route located in Madison and Suwannee Counties, Florida (MP 0.0 to 22.0). • The Arcadia to Florida Power and Light
(FPL)Martin Plant Lateral would be about 90.6 miles of 30-inch-diameter pipeline located in Desoto, Highlands, Okeechobee, and Martin Counties, Florida. • The Manatee Lateral would be about 16.5 miles of 24-inch-diameter pipeline located in Manatee County, Florida. One Pipeline Acquisition Segment • FGT would acquire from FPL its Martin Plant to FGT Mainline 20-inch-diameter pipeline located in Martin County, Florida. This pipeline is about 23.1 miles in length. There would be no new construction or ground disturbing activities associated with the acquisition of this segment. Eight Upgrades to Existing Compressor Stations • Station 11 in Mobile County, Alabama, would have two new compressor units installed that would add 40,000 hp. • Station 12 in Santa Rosa County, Florida, would have one new compressor unit installed that would add 20,500 hp. • Station 13 in Washington County, Florida, would have one new compressor unit installed and two existing compressor units upgraded that would add 26,000 hp. • Station 14 in Gadsden County, Florida, would have one new compressor unit installed that would add 24,800 hp. • Station 15 in Washington County, Florida, would have one new compressor unit installed that would add 20,000 hp. • Station 24 in Gilchrist County, Florida, would have one new compressor unit installed that would add 20,500 hp. • Station 26 in Citrus County, Florida, would have one new compressor unit installed that would add 20,500 hp. • Station 27 in Hillsborough County, Florida, would have one new compressor unit installed that would add 20,000 hp. One New Compressor Station • Station 29 would be located in Okeechobee County, Florida, and would have two compressor units for a total of 15,600 hp. Three New Metering and Regulation (M&R) Stations • One new M&R station (Progress Energy
(PE)Suwannee M&R Station) would be located in Suwannee County, Florida, at the new PE Power Plant site. • One new M&R station (FPL Manatee M&R Station) would be located in Manatee County, Florida, at the FPL Manatee Plant site. • One new M&R station (FPL Martin M&R Station) would be located in Martin County, Florida at the FPL Martin Plant site. FGT is requesting approval to begin construction of the proposed facilities in January of 2010. A general overview map of the major project facilities is provided in Appendix 1. 3 3 The appendices referenced in this notice are not being printed in the **Federal Register** . Copies are available on the Commission's Internet Web site ( *http://www.ferc.gov* ) at the “eLibrary” link or from the Commission's Public Reference Room at
(202)502-8371. For instructions on connecting to eLibrary, refer to the end of this notice. Copies of the appendices were sent to all those receiving this notice by mail. Requests for detailed maps of the proposed facilities should be made directly to FGT (see *http://www.panhandleenergy.com/FGT/PhaseVIII/* for contact information). Land Requirements for Construction Construction of the project would require about 7,995 acres of land. For pipeline facilities, FGT would obtain a permanent right-of-way easement that would be typically 50 feet in width, about 3,320 acres. The remaining 4,675 acres of temporary workspace would be restored and allowed to revert to its former use. A majority of the pipeline route would parallel existing utility rights-of-way. The temporary land requirements for construction of the proposed facilities would differ according to the type of terrain encountered and the corresponding construction methods that would be used, as described below. FGT would utilize a typical 75-foot-wide construction right-of-way in upland areas to install the 20- and 24-inch-diameter pipelines, a 100-foot-wide construction right-of-way in upland areas to install the 30- and 36-inch-diameter looping and greenfield segments, and a 120-foot-wide construction right-of-way to install the upland 42-inch-diameter loop. Through unsaturated wetlands, FGT proposes to use a 75-foot-wide construction right-of-way to install the 20- through 36-inch-diameter pipelines and 100 feet for the proposed 42-inch-diameter loop. Following construction of the proposed facilities, FGT would obtain a permanent right-of-way easement that would typically be 50 feet in width, centered over the new pipeline. This easement would overlap existing pipeline rights-of-way in most looping locations. FGT may require temporary extra work spaces where obstacles prevent the normal placement of spoil and/or pipe sections immediately adjacent to the pipe ditch, additional volumes of spoil would be generated, and additional construction operations would be performed (e.g., road and railroad crossings, wetland and water body crossings, areas with steep side slopes, areas where topsoil segregation would be required, areas where rock is encountered, truck turnarounds, crossovers, tie-ins, and horizontal directional drill entry and exit points). Aboveground facilities along the project include pig 4 launcher and receiver facility sites and mainline valve locations, which would typically be located within the permanent right-of-way or adjacent to existing aboveground facility locations (e.g., compressor stations or mainline valve sites). FGT would add between 10 to 20 acres to existing Compressor Stations 11, 12, 13, and 14. Additional land required for construction at these existing compressor stations would be retained for project operations. FGT would also acquire about 30 acres of land for the new Compressor Station 29. Each M&R station site would be located on power plant property. 4 A pipeline “pig” is a device designed to internally clean or inspect the pipeline. A pig launcher/receiver is an aboveground facility where pigs are inserted or retrieved from the pipeline. The EIS Process NEPA requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity under Section 7 of the Natural Gas Act. NEPA also requires the Commission to discover and address concerns the public may have about proposals. This process is referred to as “scoping.” The main goal of the scoping process is to focus the analysis in the EIS on the important environmental issues and reasonable alternatives. Although no formal application has been filed, we have already initiated our NEPA review under the FERC's Pre-Filing Process. The purpose of the Pre-Filing Process is to encourage the early involvement of interested stakeholders and to identify and resolve issues before an application is filed with the FERC. As part of our Pre-Filing Process review, representatives from the FERC have begun to contact some federal and state agencies to discuss their involvement in the scoping process and the preparation of the EIS. In addition, representatives from the FERC participated in FGT sponsored public open houses in the project area from April 14-30, 2008, to explain the environmental review process to interested stakeholders and take comments about the project. During early June, 2008, the FERC staff will conduct interagency scoping meetings in the project area to solicit comments and concerns about the project from jurisdictional agencies. By this notice, we are formally announcing our preparation of the EIS and requesting additional agency and public comments to help us focus the analysis in the EIS on the potentially significant environmental issues related to the proposed action. Our independent analysis of the issues will be included in a draft EIS. The draft EIS will be mailed to federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; other interested parties; local libraries and newspapers; and the FERC's official service list for this proceeding. A 45-day comment period will be allotted for review of the draft EIS. We will consider all timely comments on the draft EIS and revise the document, as necessary, before issuing a final EIS. To ensure that your comments are considered, please follow the instructions in the Public Participation section of this notice. Currently Identified Environmental Issues The EIS will discuss impacts that could occur as a result of the construction and operation of the proposed project under the general resource headings listed below. We have already identified several issues that we think deserve attention based on a preliminary review of the proposed facilities and the environmental information provided by FGT. This preliminary list of issues may be changed based on your comments and our additional analysis. • Geology and Soils: —Assessment of potential geologic hazards, including sinkholes. —Potential impact on mineral resources and mining operations. —Effect on hydric soils and soils with a high potential for compaction. • Water Resources and Wetlands: —Effect on groundwater resources. —Potential effect on perennial streams, intermittent streams, and ponds crossed by or close to the planned route. —Effect on waterbodies designated under federal or state programs, including the Escatawpa, Blackwater, Escambia, Yellow, Shoal, Chipola, Apalachicola, Ochlockonee, Aucilla, Suwannee, Sante Fe, Withlacoochee, Hillsborough, and Kissimmee Rivers. —Evaluation of temporary and permanent effects on wetlands, including forested wetlands. • Fisheries, Wildlife, and Vegetation: —Effect on fisheries, wildlife, and vegetation resources, including planted pine and forested habitats. —Effect on vegetative nuisance species. • Endangered and Threatened Species and Habitats: —Potential effect on federal- and state-listed species, including, but not limited to, the wood stork, red-cockaded woodpecker, everglade snail kite, Florida scrub-jay, eastern indigo snake, and gopher tortoise. —Potential effect on Lake Wales Ridge managed lands. • Cultural Resources: —Effect on historic and prehistoric sites. —Native American and tribal concerns. • Land Use: —Impact on residential areas, pine plantations, orange groves, mining, and irrigation and drainage systems. —Effect on recreation and public interest areas, including wildlife management areas, national forests, state forests, national wildlife refuges, canals, and scenic trail systems. —Visual effect of the aboveground facilities on surrounding areas. • Air Quality and Noise: —Effect on local air quality and noise environment from construction and operation of the proposed facilities. • Reliability and Safety: —Assessment of public safety factors associated with natural gas facilities. • Alternatives: —Assessment of alternative routes and systems to reduce or avoid environmental impacts. —Assessment of alternative compressor station sites. • Cumulative Impacts: —Assessment of the effect of the proposed project when combined with other projects that have been proposed in the same region and similar time frame. Public Participation You can make a difference by providing us with your specific comments or concerns about FGT's Phase VIII Expansion Project. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. The more specific your comments, the more useful they will be. To ensure that your comments are timely and properly recorded, please mail your comments so that they will be received in Washington, DC on or before June 20, 2008, and carefully follow these instructions: • Send an original and two copies of your letter to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426; • Label one copy of the comments for the attention of Gas Branch 1, DG2E; and • Reference Docket No. PF08-14-000 on the original and both copies. The public scoping meetings between June 3 and June 11, 2008, are designed to provide another opportunity to offer comments on the proposed project. Interested groups and individuals are encouraged to attend these meetings and to present comments on the environmental issues they believe should be addressed in the EIS. Transcripts of the meetings will be made so that your comments will be accurately recorded. In addition, we have asked FGT to be available with project location maps to answer landowner comments from 5:30 p.m. to the start of the meeting at the respective locations. The Commission encourages electronic filing of comments. See 18 Code of Federal Regulations 385.2001(a)(1)(iii) and the instructions on the Commission's Internet Web site at *http://www.ferc.gov* under the link to “Documents and Filings” and “eFiling.” eFiling is a file attachment process and requires that you prepare your submission in the same manner as you would if filing on paper, and save it to a file on your hard drive. New eFiling users must first create an account by clicking on “Sign up” or “eRegister.” You will be asked to select the type of filing you are making. This filing is considered a “Comment on Filing.” In addition, there is a “Quick Comment” option available, which is an easy method for interested persons to submit text-only comments on a project. The Quick-Comment User Guide can be viewed at *http://www.ferc.gov/docs-filing/efiling/quick-comment-guide.pdf* . Quick Comment does not require a FERC eRegistration account; however, you will be asked to provide a valid e-mail address. All comments submitted under either eFiling or the Quick Comment option are placed in the public record for the specified docket or project number(s). We will include all comments that we receive within a reasonable time frame in our environmental analysis of the project. Once FGT formally files its application with the Commission, you may want to become an official party to the proceeding known as an “intervenor.” Intervenors play a more formal role in the process and are able to file briefs, appear at hearings, and be heard by the courts if they choose to appeal the Commission's final ruling. An intervenor formally participates in a Commission proceeding by filing a request to intervene. Instructions for becoming an intervenor are included in the User's Guide under the “eFiling” link on the Commission's Web site. Please note that you may not request intervenor status at this time. You must wait until a formal application is filed with the Commission. You do not need intervenor status to have your environmental comments considered. Environmental Mailing List If you want to remain on our mailing list and receive future mailings, please return the “Remain on Mailing List Form” included in Appendix 2. If you do not return this form, you will be removed from the Commission's environmental mailing list. Availability of Additional Information Additional information about the project is available from the Commission's Office of External Affairs at 1-866-208 FERC
(3372)or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the “eLibrary” link. Click on the eLibrary link, click on “General Search,” and enter the docket number excluding the last three digits in the “Docket Number” field (i.e., PF08-14). Be sure you have selected an appropriate date range. For assistance with eLibrary, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact
(202)502-8659. The eLibrary link on the FERC Internet Website also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rule makings. In addition, the FERC now offers a free service called eSubscription that allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. To register for this service, go to *http://www.ferc.gov/esubscribenow.htm* . Public meetings or site visits will be posted on the Commission's calendar located at *http://www.ferc.gov/EventCalendar/EventsList.aspx* along with other related information. Finally, FGT has established an Internet Web site for its project at *http://www.panhandleenergy.com/FGT/PhaseVIII/* . The Web site includes a description of the project and links to related documents. Kimberly D. Bose, Secretary. [FR Doc. E8-11695 Filed 5-23-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No 12715-001] Fairlawn Hydroelectric Company, LLC.; Notice of Intent To File License Application, Filing of Pre-Application Document, Commencement of Licensing Proceeding, Scoping Meetings, Solicitation of Comments on the Pad and Scoping Document, and Identification of Issues and Associated Study Requests May 19, 2008. a. *Type of Filing:* Notice of Intent to File License Application and Commencing Licensing Proceeding. b. *Project No.:* 12715-001. c. *Date Filed:* March 19, 2008. d. *Submitted By:* Fairlawn Hydroelectric Company, LLC. e. *Name of Project:* Jennings Randolph Hydroelectric Project. f. *Location:* At the Corps of Engineers' Jennings Randolph Dam on the North Branch Potomac River in Garrett County, Maryland, and Mineral County, West Virginia. g. *Filed Pursuant to:* 18 CFR Part 5 of the Commission's Regulations. h. *Potential Applicant Contact:* Clifford Phillips, Fairlawn Hydroelectric Company, LLC, 150 North Miller Road, Suite 450 C, Fairlawn, Ohio 44333,
(330)869-8451. i. *FERC Contact:* Michael Spencer, *michael.spencer@ferc.gov* ,
(202)502-6093. j. We are asking federal, state, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing comments described in paragraph o below. Cooperating agencies should note the Commission's policy that agencies that cooperate in the preparation of the environmental document cannot also intervene. *See* , 94 FERC ¶ 61,076 (2001). k. With this notice, we are initiating informal consultation with:
(a)The U.S. Fish and Wildlife Service and/or NOAA Fisheries under section 7 of the Endangered Species Act and the joint agency regulations thereunder at 50 CFR Part 402; and
(b)the State Historic Preservation Officer, as required by section 106, National Historical Preservation Act, and the implementing regulations of the Advisory Council on Historic Preservation at 36 CFR 800.2. l. With this notice, we are designating Fairlawn Hydroelectric Company, LLC as the Commission's non-federal representative for carrying out informal consultation, pursuant to Section 7 of the Endangered Species Act and section 106 of the National Historic Preservation Act. m. Fairlawn Hydroelectric Company, LLC filed a Pre-Application Document (PAD; including a proposed process plan and schedule) with the Commission, pursuant to 18 CFR 5.6 of the Commission's regulations. The Commission issued the scoping document for the proposed Jennings Randolph Project on May 19, 2008. n. A copy of the PAD and the scoping document are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site ( *http://www.ferc.gov* ), using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCONlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY,
(202)502-8659. A copy is also available for inspection and reproduction at the address in paragraph h. Register online at *http://ferc.gov/esubscribenow.htm* to be notified via e-mail of new filing and issuances related to this or other pending projects. For assistance, contact FERC Online Support. o. With this notice we are soliciting comments on the PAD and the scoping document, as well as study requests. All comments on the PAD and the scoping document, and study requests should be sent to the address above in paragraph h. In addition, all comments on the PAD and the scoping document, study requests, requests for cooperating agency status, and all communications to and from Commission staff related to the merits of the potential application (original and eight copies) must be filed with the Commission at the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. All filings with the Commission must include on the first page, the project name (Jennings Randolph Project) and number (P-12715-001), and bear the heading “Comments on Pre-Application Document,” “Study Requests,” “Comments on Scoping Document 1,” “Request for Cooperating Agency Status,” or “Communications to and from Commission Staff.” Any individual or entity interested in submitting study requests, commenting on the PAD or the scoping document, and any agency requesting cooperating status must do so by July 17, 2008. Comments on the PAD and the scoping document, study requests, requests for cooperating agency status, and other permissible forms of communications with the Commission may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 85.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-filing” link. p. Although our current intent is to prepare an environmental assessment (EA), there is the possibility that an Environmental Impact Statement
(EIS)will be required. Nevertheless, this meeting will satisfy the NEPA scoping requirements, irrespective of whether an EA or EIS is issued by the Commission. Scoping Meetings Commission staff will hold two scoping meetings in the vicinity of the project at the time and place noted below. The daytime meeting will focus on resource agency, Indian tribes, and non-governmental organization concerns, while the evening meeting is primarily for receiving input from the public. We invite all interested individuals, organizations, and agencies to attend one or both of the meetings, and to assist staff in identifying particular study needs, as well as the scope of environmental issues to be addressed in the environmental document. The times and locations of these meetings are as follows: Evening Scoping Meeting *Date:* Monday, June 16, 2008. *Time:* 6 p.m. (EST). *Location:* Will O' The Wisp Hotel, 20160 Garrett Highway, Oakland, MD 21550. *Phone:*
(888)590-7283. Daytime Scoping Meeting *Date:* Tuesday, June 17, 2008. *Time:* 10 a.m. *Location:* Same location. The scoping document, which outlines the issues to be addressed in the environmental document, has been mailed to the individuals and entities on the Commission's mailing list. Copies of the scoping document will be available at the scoping meetings, and may be viewed on the Web at *http://www.ferc.gov* , using the “eLibrary” link. Follow the directions for accessing information in paragraph n. Depending on the extent of comments received, a revised scoping document may or may not be issued. Site Visit Fairlawn Hydroelectric Company, LLC. will conduct a tour of the proposed project site at 3 p.m. on Monday, June 16, 2008. All participants should meet at the gated entrance to Jennings Randolph Dam on Route 46 in West Virginia. All participants are responsible for providing photo identification to enter this Corps of Engineers facility. Photography will be prohibited. Anyone with questions about the site visit should contact Mr. Clifford Phillips of Fairlawn Hydroelectric Company, LLC at
(330)869-8451 on or before June 13, 2008. Scoping Meeting Objectives At the scoping meetings, staff will:
(1)Present a proposed list of issues to be addressed in the EA;
(2)review and discuss existing conditions and resource agency management objectives;
(3)review and discuss existing information and identify preliminary information and study needs;
(4)review and discuss the process plan and schedule for pre-filing activity that incorporates the time frames provided for in Part 5 of the Commission's regulations and, to the extent possible, maximizes coordination of federal, state, and tribal permitting and certification processes; and
(5)discuss requests by any federal or state agency or Indian tribe acting as a cooperating agency for development of an environmental document. Meeting participants should come prepared to discuss their issues and/or concerns. Please review the PAD in preparation for the scoping meetings. Directions on how to obtain a copy of the PAD and the scoping document are included in item n of this document. Meeting Procedures The meetings will be recorded by a stenographer and will become part of the formal record of the Commission proceeding on the project. Kimberly D. Bose, Secretary. [FR Doc. E8-11696 Filed 5-23-08; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8571-7] Workshop to Review Initial Draft Materials for the Particulate Matter
(PM)Integrated Science Assessment
(ISA)AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of workshop. SUMMARY: As part of its review of the air quality criteria and National Ambient Air Quality Standard (NAAQS) for Particulate Matter (PM), EPA is announcing that a workshop to evaluate initial draft materials for the PM Integrated Science Assessment
(ISA)is being organized by EPA's National Center for Environmental Assessment (NCEA), and will be held on June 16 and 17, 2008, in Research Triangle Park, NC. The workshop will be open to attendance by interested public observers on a first-come, first-served basis up to the limits of available space. DATES: The workshop will be held on June 16 and 17, 2008. ADDRESSES: The workshop will be held in the Auditorium of EPA's main campus, 109 T.W. Alexander Drive, Research Triangle Park, NC. An EPA contractor, Westat, is providing logistical support for the workshop. FOR FURTHER INFORMATION CONTACT: Questions regarding information, registration, and logistics for the workshop should be directed to David Marker, Westat, Inc., Conference Coordinator, 1650 Rockville, MD 20850-3195, telephone: 301-251-4398; facsimile: 301-294-2829; e-mail: *davidmarker@westat.com* . Questions regarding the scientific and technical aspects of the workshop should be directed to Dr. Lindsay Stanek, telephone: 919-541-7792; facsimile: 919-541-2985; e-mail: *Stanek.Lindsay@epa.gov* . SUPPLEMENTARY INFORMATION: I. Summary of Information About the Workshop Section 109(d) of the Clean Air Act requires the U.S. Environmental Protection Agency
(EPA)to conduct periodic reviews of the air quality criteria for each air pollutant listed under section 108 of the Act. Based on such review, EPA is to retain or revise the NAAQS for a given pollutant as appropriate. As part of these reviews, NCEA, within EPA's Office of Research and Development, assesses the newly available scientific information and develops ISA documents and annexes (formerly known as Criteria Documents) that provide the scientific basis for the reviews of the NAAQS for PM, ozone, carbon monoxide, nitrogen oxides, sulfur oxides, and lead. Based on the information in the ISA, EPA's Office of Air Quality Planning and Standards typically conducts quantitative and qualitative risk and exposure assessments. The ISA and the risk/exposure assessments are used to prepare a policy assessment that informs subsequent rulemaking actions. NCEA-RTP is holding this workshop to inform the Agency's evaluation of the scientific evidence for the review of the NAAQS for PM. The purpose of the workshop is to obtain review of the scientific content of initial draft materials or sections for the draft ISA and its annexes. Workshop sessions will include review and discussion of initial draft sections on:
(1)Atmospheric science and exposure studies;
(2)the welfare effects of PM, including visibility, ecological and environmental effects, and climate; and
(3)the health effects evidence from in vivo and in vitro animal toxicology, human clinical, and epidemiology studies. In addition, roundtable discussions will help identify key studies or concepts within each discipline to assist EPA in integrating within and across disciplines. This workshop is planned to help ensure that the ISA is up-to-date and focuses on the key evidence to inform the scientific understanding for the review of the NAAQS for PM. EPA is planning to release the first external review draft ISA for PM for review by the Clean Air Scientific Advisory Committee (CASAC) and the public in the Fall of 2008. This review will be announced in a separate **Federal Register** notice. II. Workshop Information Members of the public may attend the workshop as observers. Space is limited, and reservations will be accepted on a first-come, first-served basis. Dated: May 20, 2008. Peter Preuss, Director, National Center for Environmental Assessment. [FR Doc. E8-11755 Filed 5-23-08; 8:45 am] BILLING CODE 6560-50-P EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Sunshine Act Meeting Agency Holding the Meeting: Equal Employment Opportunity Commission. Date and Time: Monday, June 2, 2008, 2 p.m. Eastern Time. Place: Clarence M. Mitchell, Jr. Conference Room on the Ninth Floor of the EEOC Office Building, 1801 “L” Street, NW., Washington, DC 20507. Status: The meeting will be open to the public. Matters to be Considered: Open Session: 1. Announcement of Notation Votes, and 2. Notice of Proposed Rulemaking—Federal Sector Regulations, 29 CFR Part 1614. Note: In accordance with the Sunshine Act, the meeting will be open to public observation of the Commission's deliberations and voting. (In addition to publishing notices on EEOC Commission meetings in the **Federal Register** , the Commission also provides a recorded announcement a full week in advance on future Commission sessions.) Please telephone
(202)663-7100 (voice) and
(202)663-4074
(TTY)at any time for information on these meetings. The EEOC provides sign language interpretation at Commission meetings for the hearing impaired. Requests for other reasonable accommodations may be made by using the voice and TTY numbers listed above. *Contact Person for More Information:* Stephen Llewellyn, Executive Officer on
(202)663-4070. This Notice Issued May 21, 2008. Stephen Llewellyn, Executive Officer, Executive Secretariat. [FR Doc. E8-11730 Filed 5-23-08; 8:45 am] BILLING CODE 6570-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget, Comments Requested May 20, 2008. SUMMARY: As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act
(PRA)of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission invites the general public and other Federal agencies to comment on the following information collection(s). Comments are requested concerning
(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;
(b)the accuracy of the Commission's burden estimate;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. An agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid OMB control number. DATES: Written PRA comments should be submitted on or before June 26, 2008. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. ADDRESSES: Submit your comments to Nicholas A. Fraser, Office of Management and Budget (e-mail address: *nfraser@omb.eop.gov* ), and to the Federal Communications Commission's PRA mailbox (e-mail address: *PRA@fcc.gov* ). Include in the e-mails the OMB control number of the collection as shown in the SUPPLEMENTARY INFORMATION section below or, if there is no OMB control number, the Title as shown in the SUPPLEMENTARY INFORMATION section. If you are unable to submit your comments by e-mail contact the person listed below to make alternate arrangements. FOR FURTHER INFORMATION CONTACT: For additional information contact Leslie F. Smith via e-mail at *PRA@fcc.gov* or at
(202)418-0217. To view or obtain a copy of an information collection request
(ICR)submitted to OMB:
(1)Go to this OMB/GSA Web page: *http://www.reginfo.gov/public/do/PRAMain* ,
(2)look for the section of the Web page called “Currently Under Review,”
(3)click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading,
(4)select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box,
(5)click the “Submit” button to the right of the “Select Agency” box, and
(6)when the list of FCC ICRs currently under review appears, look for the OMB control number of the ICR you want to view (or its title if there is no OMB control number) and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-1046. *Title:* Part 64, Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996. *Form Number:* N/A. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit. *Number of Respondents and Responses:* 1,023 respondents; 8,904 responses. *Estimated Time per Response:* 20.04 hours (average). *Obligation to Respond:* Mandatory, as required by 47 U.S.C. Section 276. *Frequency of Response:* One time, quarterly, and annual reporting requirements; recordkeeping requirement; and third party disclosure requirement. *Total Annual Burden:* 178,392 hours. *Total Annual Cost:* $0.00. *Privacy Act Impact Assessment:* No impacts. *Nature and Extent of Confidentiality:* The Commission is not requesting that the respondents submit Confidential information to the FCC. Respondents may, however, request confidential treatment for information they believe to be confidential under section 0.459 of the Commission's rules, 47 C.F.R. section 0.459. *Needs and Uses:* The Commission released an *Order on Reconsideration* , the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, CC Docket No. 96-128, FCC 04-251, on October 22, 2004, which increased the time carriers must retain certain data and adds burden in that regard. It also removed potentially burdensome paperwork requirements by encouraging carriers to comply with the reporting requirements through electronic means. We believe that the clarifications adopted in the *Order on Reconsideration* significantly decrease the paperwork burden on carriers. Specifically, the Commission:
(1)Clarified that Completing Carriers must provide the Payphone Service Provider
(PSP)with adequate notice of an alternative compensation arrangement
(ACA)prior to its effective date with sufficient time for the PSP to object to an ACA, and also prior to the termination of an ACA;
(2)clarified any paperwork burdens imposed on carriers and allowed Completing Carriers to provide notice of ACAs on a clearinghouse's Web site;
(3)required Completing Carriers to report only completed calls in their quarterly reports; and
(4)extended the time period from 18 to 27 months for Completing Carriers and Intermediate Carriers to retain certain payphone records. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-11777 Filed 5-23-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [Report No. 2867] Petition for Reconsideration of Action in Rulemaking Proceeding May 16, 2008. A Petition for Reconsideration has been filed in the Commission's Rulemaking proceeding listed in this Public Notice and published pursuant to 47 CFR section 1.429(e). The full text of this document is available for viewing and copying in Room CY-B402, 445 12th Street, SW., Washington, DC or may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc.
(BCPI)(1-800-378-3160). Oppositions to this petition must be filed by *June 11, 2008* . See section 1.4(b)(1) of the Commission's rules (47 CFR 1.4(b)(1)). Replies to an opposition must be filed within 10 days after the time for filing oppositions has expired. *Subject:* In the Matter of: Federal-State Joint Board on Universal Service (CC Docket No. 96-45); Access Charge Reform (CC Docket No. 96-262) (WC Docket No. 06-122). Number of Petitions Filed: 1. Marlene H. Dortch, Secretary. [FR Doc. E8-11775 Filed 5-23-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL DEPOSIT INSURANCE CORPORATION Guidelines for Appeals of Material Supervisory Determinations AGENCY: Federal Deposit Insurance Corporation. ACTION: Notice and request for comment. SUMMARY: The Federal Deposit Insurance Corporation
(FDIC)proposes to amend its Guidelines for Appeals of Material Supervisory Determinations to better align the FDIC's Supervisory Appeals Review Committee
(SARC)process with the material supervisory determinations appeals procedures at the other Federal banking agencies. The proposed amendments would modify the supervisory determinations eligible for appeal to eliminate the ability of an FDIC-supervised institution to file an appeal with the SARC with respect to determinations or the facts and circumstances underlying a formal enforcement-related action or decision, including the initiation of an investigation. The proposed amendments also include limited technical amendments. DATES: Written comments on the Proposal must be received by the FDIC on or before July 28, 2008 for consideration. ADDRESSES: Interested parties are invited to submit written comments to the FDIC by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Agency Web Site: http://www.fdic.gov/regulations/laws/federal/propose.html.* Follow the instructions for submitting comments. • *E-mail: comments@fdic.gov.* Include “Guidelines for Appeals of Material Supervisory Determinations” in the subject line of the message. • *Mail:* Robert E. Feldman, Executive Secretary, Attention: Comments/Legal ESS, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429. • *Hand Delivery:* Comments may be hand-delivered to the guard station located at the rear of the FDIC's 550 17th Street building (accessible from F Street) on business days between 7 a.m. and 5 p.m. *Instructions:* All submissions received must include the agency name and use the title “Guidelines for Appeals of Material Supervisory Determinations.” All comments received will be posted without change to, *http://www.fdic.gov/regulations/laws/federal/propose.html,* including any personal information provided. Comments may be inspected and photocopied in the FDIC Public Information Center, Room E-1002, 3501 North Fairfax Drive, Arlington, VA 22226 between 9 a.m. and 4:30 p.m. on business days. FOR FURTHER INFORMATION CONTACT: Frank Gray, Section Chief, FDIC, 550 17th Street, NW., Washington, DC 20429 [F-4054]; telephone:
(202)898-3508; or electronic mail: *fgray@fdic.gov;* or Richard Bogue, Counsel, FDIC, 550 17th Street, NW., Washington, DC 20429 [MB-3014]; telephone:
(202)898-3726; facsimile:
(202)898-3658; or electronic mail: *rbogue@fdic.gov.* SUPPLEMENTARY INFORMATION: The FDIC is publishing for notice and comment proposed amendments to the Guidelines for Appeals of Material Supervisory Determinations. The FDIC considers it desirable in this instance to garner comments regarding these amendments to the guidelines, although notice and comment is not required and may not be employed in any future amendments. The proposed amendments would be effective upon adoption and are intended to more closely align the FDIC's Guidelines for Appeals of Material Supervisory Determinations to the material supervisory determination appeals processes of the other Federal banking agencies. Background Section 309(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (Pub. L. 103-325, 108 Stat. 2160) (Riegle Act), required the FDIC (as well as the other Federal banking agencies and the National Credit Union Administration Board (NCUA)) to establish an independent intra-agency appellate process to review material supervisory determinations. The Riegle Act defines the term “independent appellate process” to mean a review by an agency official who does not directly or indirectly report to the agency official who made the material supervisory determination under review. In the appeals process, the FDIC is required to ensure that
(1)an appeal of a material supervisory determination by an insured depository institution is heard and decided expeditiously; and
(2)appropriate safeguards exist for protecting appellants from retaliation by agency examiners. The term “material supervisory determinations” is defined in the Riegle Act to include determinations relating to:
(1)Examination ratings;
(2)the adequacy of loan loss reserve provisions; and
(3)classifications on loans that are significant to an institution. The Riegle Act specifically excludes from the definition of “material supervisory determinations” a decision to appoint a conservator or receiver for an insured depository institution or to take prompt corrective action pursuant to section 38 of the Federal Deposit Insurance Act (“FDI Act”), 12 U.S.C. 1831o. Finally, Section 309(g) (12 U.S.C. 4806(g)) expressly provides that the Riegle Act's requirement to establish an appeals process shall not affect the authority of the Federal banking agencies to take enforcement or supervisory actions against an institution. On December 28, 1994, the FDIC published in the **Federal Register** , for a 30-day comment period, a notice of and request for comments on proposed Guidelines for Appeals of Material Supervisory Determinations (“Guidelines”) (59 FR 66965). In the proposed Guidelines, the FDIC proposed that the term “material supervisory determinations,” in addition to the statutory exclusions noted above, also should not include:
(1)Determinations for which other appeals procedures exist (such as determinations relating to deposit insurance assessment risk classifications);
(2)decisions to initiate formal enforcement actions under section 8 of the FDI Act;
(3)decisions to initiate informal enforcement actions (such as memoranda of understanding);
(4)determinations relating to a violation of a statute or regulation; and
(5)any other determinations not specified in the Riegle Act as being eligible for appeal. Commenters to the proposed Guidelines suggested that the proposed limitations on determinations eligible for appeal were too restrictive. In response to comments received, the FDIC modified the proposed Guidelines. The FDIC added a final clarifying sentence to the listing of “Determinations Not Eligible for Appeal” in the Guidelines as follows: “The FDIC recognizes that, although determinations to take prompt corrective action or initiate formal or informal enforcement actions are not appealable, the determinations upon which such actions may be based ( *e.g.* , loan classifications) are appealable provided they otherwise qualify.” (60 FR 15929, March 28, 1995). On March 21, 1995, the FDIC's Board of Directors adopted the proposed Guidelines. (60 FR 15923). On March 18, 2004, the FDIC published in the **Federal Register** , for a 30-day comment period, a notice and request for comments respecting proposed revisions to the Guidelines. (69 FR 12855). On July 9, 2004, the FDIC published in the **Federal Register** a notice of guidelines which, effective June 28, 2004, adopted the revised Guidelines changing the composition and procedures of the SARC. (69 FR 41479). The revised Guidelines were disseminated to FDIC-supervised financial institutions through a Financial Institution Letter, FIL-113-2004, issued October 13, 2004. Proposed Amendments I. Amendment of Determinations Eligible for Review Determinations underlying enforcement actions, such as the citation of apparent violations of law or regulation, have been appealable under the FDIC's Guidelines since their enactment in 1995. Recent SARC appeals by FDIC-supervised institutions have, however, highlighted a situation where an appeal to the SARC is inconsistent with the intent of the Riegle Act that “the appeals process not impair, in any way, the agencies' litigation or enforcement authority.” (Senate Report No. 103-169). Accordingly, the proposed amendments to the Guidelines would eliminate the ability of an FDIC-supervised institution to file an appeal with the SARC with respect to determinations or the facts and circumstances underlying formal enforcement-related actions or decisions, including the initiation of a formal investigation. The proposed amendments to the Guidelines satisfy the requirements of the Riegle Act and better align the FDIC's material supervisory determination appeals procedures with those of the other Federal banking agencies. A. Independent Review Requirement Section 309(a) of the Riegle Act required the FDIC to establish an appellate process to review material supervisory determinations. The SARC must make its decision based on “facts of record,” which are limited to the Report of Examination, the FDIC-supervised institution's appeal, an FDIC staff response, and, in some cases, a brief oral presentation before the SARC. The SARC appeals process does not involve any further factual development through investigation or discovery. Decisions to proceed with a formal enforcement action, on the other hand, must be supported by facts demonstrating both the existence of the violation at issue as well as facts that satisfy all of the required elements of the enforcement action to be pursued. All FDIC formal enforcement actions are reviewed by a number of high-level FDIC officials both prior and subsequent to their initiation. The ability to initiate (through issuance of a notice or stipulated order) routine cease-and-desist actions under section 8(b) of the FDI Act has for more than a decade been delegated to FDIC Regional Directors. Decisions to initiate enforcement actions pursuant to section 8(b) of the FDI Act must be made at the Deputy Regional Director or Regional Director level, following review and concurrence by the Regional Counsel. All other, non-routine formal enforcement actions are generally reviewed at the highest levels of the FDIC before issuance. Ultimately, the FDIC Board of Directors (the Board) decides the outcome of any contested enforcement action and that decision is fully supported by a factual record compiled through investigation, discovery, and an administrative hearing held before an impartial administrative law judge who makes findings of facts, conclusions of law and recommends a decision to the Board. The FDIC's current procedures for initiating formal enforcement actions ensure review of material supervisory determinations by high level FDIC officials. Thus, there is no need for determinations underlying formal enforcement actions to be separately reviewable by the SARC. B. Parity With Other Federal Agencies As previously noted, the Riegle Act required all of the Federal banking agencies and the NCUA to establish appellate processes to review material supervisory determinations. While the various appellate processes adopted by the Federal banking agencies differ in substance and procedure, no Federal bank agency, other than the FDIC, expressly allows review of determinations that underlie formal enforcement actions. OCC Bulletin 2002-9, National Bank Appeals Procedures (February 25, 2002) (OCC Guidelines), which governs the appeals procedure adopted at the OCC, exempts from its definition of appealable matters “any formal enforcement-related actions or decisions, including decisions to:
(a)Seek the issuance of a formal agreement or cease and desist order, or the assessment of a civil money penalty pursuant to Section 8 of the [FDI Act] * * * and
(d)commence formal investigations pursuant to 12 U.S.C. 481, 1818(n) and 1820(c) * * *.” Additionally, OCC Guidelines define the term “formal enforcement-related actions or decisions” as including “the underlying facts that form the basis of a recommended or pending formal enforcement action, the acts or practices that are the subject of a pending formal enforcement action, and OCC determinations regarding compliance with an existing formal enforcement action.” The supervisory determinations that may be reviewed on appeal by the OTS, as defined by Thrift Bulletin TB 68a (June 10, 2004), include examination ratings, adequacy of loan loss reserve provisions, and significant loan classifications, but does not extend to decisions relating to “formal enforcement-related action” such as “[i]nitiating a formal investigation[,]” “[f]iling a notice of charges[,]” and “[a]ssessing civil money penalties.” Both the OCC and the OTS specifically include formal investigations in the definitions of enforcement-related actions excepted from appeal. During the adoption of its internal appeals process, the Board of Governors of the Federal Reserve System (Federal Reserve) specifically rejected a suggestion received through comment that institutions consenting to the issuance of a formal enforcement action, such as a cease-and-desist order, be allowed to use the internal appeals process to challenge the material supervisory determinations that led to the enforcement action. The Federal Reserve found this suggestion to be inconsistent with the intent of the Riegle Act, which was to “provide an avenue for the review of material supervisory determinations and not to contest enforcement actions for which an alternative appeals mechanism exists.” (60 FR 16472, March 30, 1995). The National Credit Union Association
(NCUA)limits the type of determinations eligible for review under its appeals process to the determinations expressly stated in section 309, namely:
(1)Composite CAMEL rating of 3, 4, and 5 and all component ratings of those composite ratings;
(2)adequacy of loan loss reserve provisions; and
(3)loan classifications on loans that are significant as determined by the appealing credit union. (60 FR 14795, March 20, 1995). Thus, in addition to satisfying the Riegle Act's requirement that the Federal banking agencies adopt independent review processes, the proposed amendments would modify the FDIC's current Guidelines so as to be consistent with the other Federal banking agencies, promoting equal treatment of all banks and thrifts appealing material supervisory determinations. C. Notice of Enforcement-Related Action or Decision At present, only the OCC's Guidelines explicitly provide that a decision to pursue a formal enforcement action will cut off rights to file a material supervisory determination appeal. In this regard, OCC Bulletin 2002-9 states that a formal enforcement-related action or decision “commences when a Supervision Review Committee determines that the OCC will pursue a formal action,” at which time the matter becomes unappealable. The OCC has Supervision Review Committees at both the Regional and Washington offices with delegations of authority to initiate different types of formal enforcement actions. The FDIC structure of enforcement matter decisionmaking is different, generally vesting authority to initiate formal enforcement actions in designated DSC officials, in some cases with concurrence requirements and in some cases following oversight by the Case Review Committee in Washington. The essence of the OCC's cut-off date is that a decision has been made by appropriately authorized officials that a formal enforcement action will be pursued. In order to mirror the cut-off date as closely as possible, the proposed amendments would establish the FDIC's cut-off date as the date when “the FDIC * * * provides written notice to the bank indicating its intention to pursue available formal enforcement remedies * * *.” Operational procedures will be established that provide that when an FDIC official with authority to initiate a formal enforcement action decides that the facts and circumstances then known warrant initiation of such action, a letter to the bank will be sent notifying the bank of the decision to pursue formal action. Such notice will render the underlying facts and circumstances that form the basis of the enforcement action unappealable. II. Additional Technical Amendments Paragraph C of the Guidelines (Institutions Eligible to Appeal) states that the Guidelines apply to insured depository institutions that the FDIC supervises “( *i.e.* , insured State nonmember banks (except District banks) and insured branches of foreign banks).” The 2004 District of Columbia Omnibus Authorization Act, Public Law No. 108-386, § 8, extended to the FDIC regulatory and supervisory authority over District of Columbia banks. Consequently, the parenthetical “except District banks” would be stricken from Paragraph C of the Guidelines. Paragraph G of the Guidelines (Appeal to the SARC) provides that the Director of the Division of Supervision and Consumer Protection may, with the approval of the SARC Chairperson, transfer a request for review directly to the SARC if the Director determines that the institution is entitled to relief that the Director lacks delegated authority to grant. This provision expedites the SARC process by eliminating the need for the Division Director to deny relief to an institution to enable it to file its appeal to the SARC. In order to further facilitate the prompt resolution of requests for review, a mechanism through which the Division Director may seek guidance from the SARC Chairperson is proposed for Paragraph G. An addition to Paragraph G would read: “The Division Director may also request guidance from the SARC Chairperson as to procedural or other questions relating to any request for review.” For the aforementioned reasons, the FDIC Board of Directors proposes to revise the Guidelines for Appeals of Material Supervisory Determinations as set forth below. Proposed Amended Guidelines for Appeals of Material Supervisory Determinations A. Introduction Section 309(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (Pub. L. 103-325, 108 Stat. 2160) (“Riegle Act”) required the Federal Deposit Insurance Corporation (“FDIC”) to establish an independent intra-agency appellate process to review material supervisory determinations made at insured depository institutions that it supervises. The Guidelines for Appeals of Material Supervisory Determinations (“guidelines”) describe the types of determinations that are eligible for review and the process by which appeals will be considered and decided. The procedures set forth in these guidelines establish an appeals process for the review of material supervisory determinations by the Supervision Appeals Review Committee (“SARC”). B. SARC Membership The following individuals comprise the three
(3)voting members of the SARC:
(1)One inside FDIC Board member, either the Chairperson, the Vice Chairperson, or the FDIC Director (Appointive), as designated by the FDIC Chairperson (this person would serve as the Chairperson of the SARC); and
(2)one deputy or special assistant to each of the inside FDIC Board members who are not designated as the SARC Chairperson. The General Counsel is a non-voting member of the SARC. The FDIC Chairperson may designate alternate member(s) to the SARC if there are vacancies so long as the alternate member was not involved in making or affirming the material supervisory determination under review. A member of the SARC may designate and authorize the most senior member of his or her staff within the substantive area of responsibility related to cases before the SARC to act on his or her behalf. C. Institutions Eligible To Appeal The guidelines apply to the insured depository institutions that the FDIC supervises ( *i.e.* , insured State nonmember banks and insured branches of foreign banks) and also to other insured depository institutions with respect to which the FDIC makes material supervisory determinations. D. Determinations Subject To Appeal An institution may appeal any material supervisory determination pursuant to the procedures set forth in these guidelines. Material supervisory determinations include:
(a)CAMELS ratings under the Uniform Financial Institutions Rating System;
(b)EDP ratings under the Uniform Interagency Rating System for Data Processing Operations;
(c)Trust ratings under the Uniform Interagency Trust Rating System;
(d)CRA ratings under the Revised Uniform Interagency Community Reinvestment Act Assessment Rating System;
(e)Consumer compliance ratings under the Uniform Interagency Consumer Compliance Rating System;
(f)Registered transfer agent examination ratings;
(g)Government securities dealer examination ratings;
(h)Municipal securities dealer examination ratings;
(i)Determinations relating to the adequacy of loan loss reserve provisions;
(j)Classifications of loans and other assets in dispute the amount of which, individually or in the aggregate, exceed 10 percent of an institution's total capital;
(k)Determinations relating to violations of a statute or regulation that may impact the capital, earnings, or operating flexibility of an institution, or otherwise affect the nature and level of supervisory oversight accorded an institution;
(l)Truth in Lending (Regulation Z) restitution;
(m)Filings made pursuant to 12 CFR 303.11(f), for which a Request for Reconsideration has been granted, other than denials of a change in bank control, change in senior executive officer or board of directors, or denial of an application pursuant to section 19 of the FDI Act (which are contained in 12 CFR 308, subparts D, L, and M, respectively), if the filing was originally denied by the DSC Director, Deputy Director or Associate Director; and
(n)Any other supervisory determination (unless otherwise not eligible for appeal) that may impact the capital, earnings, operating flexibility, or capital category for prompt corrective action purposes of an institution, or otherwise affect the nature and level of supervisory oversight accorded an institution. *Material supervisory determinations do not include:*
(a)Decisions to appoint a conservator or receiver for an insured depository institution;
(b)Decisions to take prompt corrective action pursuant to section 38 of the Federal Deposit Insurance Act, 12 U.S.C. 1831o;
(c)Determinations for which other appeals procedures exist (such as determinations of deposit insurance assessment risk classifications and payment calculations);
(d)Decisions to initiate informal enforcement actions (such as memoranda of understanding); and
(e)Formal enforcement-related actions and decisions, including determinations and the underlying facts and circumstances that form the basis of a recommended or pending formal enforcement action, and FDIC determinations regarding compliance with an existing formal enforcement action. A formal enforcement-related action or decision commences, and therefore becomes unappealable, when the FDIC initiates a formal investigation under 12 U.S.C. 1820(c) or provides written notice to the bank indicating its intention to pursue available formal enforcement remedies under applicable statutes or published enforcement-related policies of the FDIC, including written notice of a referral to the Attorney General or a notice to the Secretary of Housing and Urban Development for violations of the Equal Credit Opportunity Act or the Fair Housing Act. For the purposes of these guidelines, remarks in a Report of Examination do not constitute written notice of intent to pursue formal enforcement remedies. E. Good Faith Resolution An institution should make a good faith effort to resolve any dispute concerning a material supervisory determination with the on-site examiner and/or the appropriate Regional Office. The on-site examiner and the Regional Office will promptly respond to any concerns raised by an institution regarding a material supervisory determination. Informal resolution of disputes with the on-site examiner and/or the appropriate Regional Office is encouraged, but seeking such a resolution is not a condition to filing a request for review with the Division of Supervision and Consumer Protection or an appeal to the SARC under these guidelines. F. Filing a Request for Review With the FDIC Division of Supervision and Consumer Protection An institution may file a request for review of a material supervisory determination with the Director, Division of Supervision and Consumer Protection, 550 17th Street, NW., Room F-4076, Washington, DC 20429, within 60 calendar days following the institution's receipt of a report of examination containing a material supervisory determination or other written communication of a material supervisory determination. A request for review must be in writing and must include:
(a)A detailed description of the issues in dispute, the surrounding circumstances, the institution's position regarding the dispute and any arguments to support that position (including citation of any relevant statute, regulation, policy statement or other authority), how resolution of the dispute would materially affect the institution, and whether a good faith effort was made to resolve the dispute with the on-site examiner and the Regional Office; and
(b)A statement that the institution's board of directors has considered the merits of the request and authorized that it be filed. The Director, Division of Supervision and Consumer Protection, will issue a written determination of the request for review, setting forth the grounds for that determination, within 30 days of receipt of the request. No appeal to the SARC will be allowed unless an institution has first filed a timely request for review with the Division of Supervision and Consumer Protection. G. Appeal to the SARC An institution that does not agree with the written determination rendered by the Director of the Division of Supervision and Consumer Protection must appeal that determination to the SARC within 30 calendar days from the date of that determination. The Director's determination will inform the institution of the 30-day time period for filing with the SARC and will provide the mailing address for any appeal the institution may wish to file. Failure to file within the 30-day time limit may result in denial of the appeal by the SARC. If the Director of the Division of Supervision and Consumer Protection determines that an institution is entitled to relief that the Director lacks delegated authority to grant, the Director may, with the approval of the Chairperson of the SARC, transfer the matter directly to the SARC without issuing a determination. Notice of such a transfer will be provided to the institution. The Division Director may also request guidance from the SARC Chairperson as to procedural or other questions relating to any request for review. H. Filing With the SARC An appeal to the SARC will be considered filed if the written appeal is received by the FDIC within 30 calendar days from the date of the division director's written determination or if the written appeal is placed in the U.S. mail within that 30-day period. If the 30th day after the date of the division director's written determination is a Saturday, Sunday or Federal holiday, filing may be made on the next business day. The appeal should be sent to the address indicated on the determination being appealed. I. Contents of Appeal The appeal should be labeled to indicate that it is an appeal to the SARC and should contain the name, address, and telephone number of the institution and any representative, as well as a copy of the determination being appealed. If oral presentation is sought, that request should be included in the appeal. Only matters previously reviewed at the division level, resulting in a written determination or direct referral to the SARC, may be appealed to the SARC. Evidence not presented for review to the DSC Director may be submitted to the SARC only if authorized by the SARC Chairperson. The institution should set forth all of the reasons, legal and factual, why it disagrees with the determination. Nothing in the SARC administrative process shall create any discovery or other such rights. J. Burden of Proof The burden of proof as to all matters at issue in the appeal, including timeliness of the appeal if timeliness is at issue, rests with the institution. K. Oral Presentation The SARC may, in its discretion, whether or not a request is made, determine to allow an oral presentation. The SARC generally grants a request for oral presentation only if it determines that oral presentation is likely to be helpful or would otherwise be in the public interest. Notice of the SARC's determination to grant or deny a request for oral presentation will be provided to the institution. If oral presentation is held, the institution will be allowed to present its positions on the issues raised in the appeal and to respond to any questions from the SARC. The SARC may also require that FDIC staff participate as the SARC deems appropriate. L. Dismissal and Withdrawal An appeal may be dismissed by the SARC if it is not timely filed, if the basis for the appeal is not discernable from the appeal, or if the institution moves to withdraw the appeal. M. Scope of Review and Decision The SARC will review the appeal for consistency with the policies, practices and mission of the FDIC and the overall reasonableness of and the support offered for the positions advanced, and notify the institution, in writing, of its decision concerning the disputed material supervisory determination(s) within 60 days from the date the appeal is filed, or within 60 days from oral presentation, if held. SARC review will be limited to the facts and circumstances as they existed prior to or at the time the material supervisory determination was made, even if later discovered, and no consideration will be given to any facts or circumstances that occur or corrective action taken after the determination was made. The SARC may reconsider its decision only on a showing of an intervening change in the controlling law or the availability of material evidence not reasonably available when the decision was issued. N. Publication of Decisions SARC decisions will be published. Published SARC decisions will be redacted to avoid disclosure of exempt information. Published SARC decisions may be cited as precedent in appeals to the SARC. O. SARC Guidelines Generally Appeals to the SARC will be governed by these guidelines. The SARC will retain the discretion to waive any provision of the guidelines for good cause; the SARC may adopt supplemental rules governing SARC operations; the SARC may order that material be kept confidential; and the SARC may consolidate similar appeals. P. Limitation on Agency Ombudsman The subject matter of a material supervisory determination for which either an appeal to the SARC has been filed or a final SARC decision issued is not eligible for consideration by the Ombudsman. Q. Coordination With State Regulatory Authorities In the event that a material supervisory determination subject to a request for review is the joint product of the FDIC and a State regulatory authority, the Director, Division of Supervision and Consumer Protection, will promptly notify the appropriate State regulatory authority of the request, provide the regulatory authority with a copy of the institution's request for review and any other related materials, and solicit the regulatory authority's views regarding the merits of the request before making a determination. In the event that an appeal is subsequently filed with the SARC, the SARC will notify the institution and the State regulatory authority of its decision. Once the SARC has issued its determination, any other issues that may remain between the institution and the State authority will be left to those parties to resolve. R. Effect on Supervisory or Enforcement Actions The use of the procedures set forth in these guidelines by any institution will not affect, delay, or impede any formal or informal supervisory or enforcement action in progress or affect the FDIC's authority to take any supervisory or enforcement action against that institution. S. Effect on Applications or Requests for Approval Any application or request for approval made to the FDIC by an institution that has appealed a material supervisory determination which relates to or could affect the approval of the application or request will not be considered until a final decision concerning the appeal is made unless otherwise requested by the institution. T. Prohibition on Examiner Retaliation The FDIC has an experienced examination workforce and is proud of its professionalism and dedication. FDIC policy prohibits any retaliation, abuse, or retribution by an agency examiner or any FDIC personnel against an institution. Such behavior against an institution that appeals a material supervisory determination constitutes unprofessional conduct and will subject the examiner or other personnel to appropriate disciplinary or remedial action. Institutions that believe they have been retaliated against are encouraged to contact the Regional Director for the appropriate FDIC region. Any institution that believes or has any evidence that it has been subject to retaliation may file a complaint with the Director, Office of the Ombudsman, Federal Deposit Insurance Corporation, 550 17th Street, Washington, DC 20429, explaining the circumstances and the basis for such belief or evidence and requesting that the complaint be investigated and appropriate disciplinary or remedial action taken. The Office of the Ombudsman will work with the Division of Supervision and Consumer Protection to resolve the allegation of retaliation. By order of the Board of Directors. Dated at Washington, DC, the 15th day of April, 2008. Federal Deposit Insurance Corporation. Valerie J. Best, Assistant Executive Secretary. [FR Doc. E8-11416 Filed 5-23-08; 8:45 am] BILLING CODE 6714-01-P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than June 20, 2008. **A. Federal Reserve Bank of Chicago** (Burl Thornton, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. Capitol Bancorp, Ltd.* , and Capitol Development Bancorp Limited VII, both of Lansing, Michigan, to acquire 51 percent of the voting shares of Central Arizona Bank (in organization), Casa Grande, Arizona. *2. Capitol Bancorp, Ltd.* , and Capitol Development Bancorp Limited VII, both of Lansing, Michigan, to acquire 51 percent of the voting shares of Sunrise Bank of Norman (in organization), Norman, Oklahoma. Board of Governors of the Federal Reserve System, May 21, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-11743 Filed 5-23-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Notice of Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage *de novo* , or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. 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 the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than June 10, 2008. **A. Federal Reserve Bank of Atlanta** (Steve Foley, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309: *1. Bancolombia, S.A., and Suramerica de Inversiones S.A., Inversiones Argos S.A.* , both of Medellin, Colombia, and Cementos Argos S.A. Barranquilla, Colombia, to retain 50 percent of their direct and indirect interests in Todo 1 Services, Inc., Medley, Florida, and thereby engage in providing data processing and data transmission services, pursuant to section 225.28(b)(14)(ii) of Regulation Y. **B. Federal Reserve Bank of Chicago** (Burl Thornton, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. First Community Financial Partners, Inc.* , Joliet, Illinois; to continue to engage *de novo* in extending credit and servicing loans, pursuant to section 225.28(b)(1) of Regulation Y. Board of Governors of the Federal Reserve System, May 21, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-11746 Filed 5-23-08; 8:45 am] BILLING CODE 6210-01-S GENERAL SERVICES ADMINISTRATION Multiple Award Schedule Advisory Panel; Notification of Public Advisory Panel Meeting AGENCY: U.S. General Services Administration (GSA). ACTION: Notice. SUMMARY: The U.S. General Services Administration
(GSA)Multiple Award Schedule Advisory Panel (MAS Panel), a Federal Advisory Committee, will hold a public meeting on Monday, June 16, 2008. GSA utilizes the Schedules program to establish long-term Governmentwide contracts with responsible firms to provide Federal, State, and local government customers with access to a wide variety of supplies (products) and services. The MAS Panel will develop advice and recommendations on MAS program pricing policies, provisions, and procedures in the context of current commercial pricing practices. Specifically, the MAS Panel will review the MAS policy statements, implementing regulations, solicitation provisions and other related documents regarding the structure, use, and pricing for the MAS contract awards. DATE: The MAS Panel meeting will take place on Monday, June 16, 2008 beginning at 9:00 a.m., and it will adjourn no later than 5:00 p.m. ADDRESS: The meeting will be held at the American Institute of Architects
(AIA)Building, 2nd Floor, 1725 New York Avenue, NW., Washington, DC. (The building is located at the corner of 18th Street and New York Avenue.) Entrance to the building is on either 18th Street, or New York Avenue. Subsequent meeting dates, locations, and times will be published at least 15 days prior to the meeting date. FOR FURTHER INFORMATION CONTACT: Information on the Panel meetings, agendas, and other information can be obtained at *www.gsa.gov/masadvisorypanel* or you may contact Ms. Pat Brooks, Designated Federal Officer, Multiple Award Schedule Advisory Panel, U.S. General Services Administration, 2011 Crystal Drive, Suite 911, Arlington, VA 22205; telephone 703 605-3406, Fax 703 605-3454; or via email at *mas.advisorypanel@gsa.gov* . SUPPLEMENTARY INFORMATION: *Oral comments* : Requests to present oral comments at this meeting must be in writing (email or fax) and received by Ms. Brooks at the above address seven
(7)business days prior to the meeting date. Each individual or group requesting an oral presentation will be limited to a total time of five minutes. Speakers should bring at least 50 copies of their comments for distribution to the reviewers and public at the meeting. *Written Comments* : Written comments must be received seven
(7)business days prior to the meeting date so that the comments may be provided to the Panel for their consideration prior to the meeting. Comments should be supplied to Ms. Brooks at the address/contact information noted above in the following format: one hard copy with original signature and one electronic copy via email in Microsoft Word. AVAILABILITY OF MATERIALS: All meeting materials, including meeting agendas, handouts, public comments, and meeting minutes will be posted on the MAS Panel website at *www.gsa.gov/masadvisorypanel* or *www.gsa.gov/masap* . MEETING ACCESS : Individuals requiring special accommodations at this meeting should contact Ms. Brooks at least ten
(10)business days prior to the meeting so that appropriate arrangements can be made. Dated: May 20, 2008. David A. Drabkin, Acting Chief Acquisition Officer. [FR Doc. E8-11706 Filed 5-23-08; 8:45 am] BILLING CODE 6820-EP-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Quality Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 18th meeting of the American Health Information Community Quality Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.). DATES: June 30, 2008, from 1 p.m. to 4 p.m. [Eastern Time]. ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 1114. Please bring photo ID for entry to a Federal building. FOR FURTHER INFORMATION CONTACT: *http://www.hhs.gov/healthit/ahic/quality/* . SUPPLEMENTARY INFORMATION: The Workgroup will continue its discussion on how health information technology can provide the data needed for the development of quality measures that are useful to patients and others in the health care industry, automate the measurement and reporting of a comprehensive current and future set of quality measures, and accelerate the use of clinical decision support that can improve performance on those quality measures. The meeting will be available via Web cast. For additional information, go to: *http://www.hhs.gov/healthit/ahic/quality/quality_instruct.html* . Dated: May 19, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-11749 Filed 5-23-08; 8:45 am] BILLING CODE 4150-45-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Confidentiality, Privacy, & Security Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 20th meeting of the American Health Information Community Confidentiality, Privacy, & Security Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.). DATES: June 26, 2008, from 1 p.m. to 5 p.m. [Eastern Time]. ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 1114. Please bring photo ID for entry to a Federal building. FOR FURTHER INFORMATION: *http://www.hhs.gov/healthit/ahic/confidentiality/* . SUPPLEMENTARY INFORMATION: The Workgroup Members will continue discussing and evaluating the confidentiality, privacy, and security protections and requirements for participants in electronic health information exchange environments. The meeting will be available via Web cast. For additional information, go to: *http://www.hhs.gov/healthit/ahic/cps_instruct.html* . Dated: May 19, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-11758 Filed 5-23-08; 8:45 am] BILLING CODE 4150-45-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Consumer Empowerment Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 27th meeting of the American Health Information Community Consumer Empowerment Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.). DATES: June 17, 2008, from 1 p.m. to 4 p.m. [Eastern Time]. ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 1114. Please bring photo ID for entry to a Federal building. FOR FURTHER INFORMATION CONTACT: *http://www.hhs.gov/healthit/ahic/consumer/* . SUPPLEMENTARY INFORMATION: The Workgroup will continue its discussion on how to encourage the widespread adoption of a personal health record that is easy-to-use, portable, longitudinal, affordable, and consumer-centered. The meeting will be available via Web cast. For additional information, go to: *http://www.hhs.gov/healthit/ahic/consumer/ce_instruct.html* . Dated: May 19, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-11762 Filed 5-23-08; 8:45 am] BILLING CODE 4150-45-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Electronic Health Records Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 24th meeting of the American Health Information Community Electronic Health Records Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.). DATES: June 18, 2008, from 1 p.m. to 4 p.m. [Eastern Time]. ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 1114. Please bring photo ID for entry to a Federal building. FOR FURTHER INFORMATION CONTACT: *http://www.hhs.gov/healthit/ahic/healthrecords/.* SUPPLEMENTARY INFORMATION: The Workgroup will continue its discussion on ways to achieve widespread adoption of certified EHRs, minimizing gaps in adoption among providers. The meeting will be available via Web cast. For additional information, go to: *http://www.hhs.gov/healthit/ahic/healthrecords/ehr_instruct.html.* Dated: May 19, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-11764 Filed 5-23-08; 8:45 am] BILLING CODE 4150-45-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Population Health and Clinical Care Connections Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 27th meeting of the American Health Information Community Population Health and Clinical Care Connections Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.). DATES: June 25, 2008, from 1 p.m. to 4 p.m. [Eastern Time]. ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 1114. Please bring photo ID for entry to a Federal building. FOR FURTHER INFORMATION CONTACT: *http://www.hhs.gov/healthit/ahic/population/* . SUPPLEMENTARY INFORMATION: The Workgroup will continue its discussion on how to facilitate the flow of reliable health information among population health and clinical care systems necessary to protect and improve the public's health. The meeting will be available via Web cast. For additional information, go to: *http://www.hhs.gov/healthit/ahic/population/pop_instruct.html* . Dated: May 19, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-11767 Filed 5-23-08; 8:45 am] BILLING CODE 4150-45-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Chronic Care Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 26th meeting of the American Health Information Community Chronic Care Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.). DATES: June 19, 2008, from 1 p.m. to 4 p.m., Eastern Time. ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 1114. Please bring photo ID for entry to a Federal building. FOR FURTHER INFORMATION CONTACT: *http://www.hhs.gov/healthit/ahic/chroniccare/.* SUPPLEMENTARY INFORMATION: The workgroup will hear testimony on ways to use information technology to better coordinate care for patients with chronic conditions and will discuss this information in light of opportunities to better facilitate patient care coordination. The meeting will be available via Web cast. For additional information, go to: *http://www.hhs.gov/healthit/ahic/chroniccare/cc_instruct.html* . Dated: May 19, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-11770 Filed 5-23-08; 8:45 am] BILLING CODE 4150-45-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Personalized Healthcare Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 16th meeting of the American Health Information Community Personalized Healthcare Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.). DATES: June 10, 2008, from 1 p.m. to 4 p.m. [Eastern Time]. ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 1114. Please bring photo ID for entry to a Federal building. FOR FURTHER INFORMATION CONTACT: *http://www.hhs.gov/healthit/ahic/healthcare/* . SUPPLEMENTARY INFORMATION: The Workgroup will discuss possible common data standards to incorporate interoperable, clinically useful genetic/genomic information and analytical tools into Electronic Health Records
(EHRs)to support clinical decision-making for the clinician and consumer. The meeting will be available via Web cast. For additional information, go to: *http://www.hhs.gov/healthit/ahic/healthcare/phc_instruct.html* . Dated: May 19, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-11773 Filed 5-23-08; 8:45 am] BILLING CODE 4150-45-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Notice of Meeting: Secretary's Advisory Committee on Genetics, Health, and Society Pursuant to Pub. L. 92-463, notice is hereby given of the sixteenth meeting of the Secretary's Advisory Committee on Genetics, Health, and Society (SACGHS), U.S. Public Health Service. The meeting will be held from 8:30 a.m. to approximately 11:30 a.m. on Monday, July 7, 2008, and 8 a.m. to approximately 5 p.m. on Tuesday, July 8, 2008, at the Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201. The meeting will be open to the public with attendance limited to space available. The meeting also will be Web cast. The meeting will involve an exploration of the issues associated with the marketing of personalized genomic information and services directly to consumers. The Committee will hear presentations about these services, including the specificity of information being provided and plans for helping consumers interpret and utilize the results for healthcare decisionmaking, consumer perspectives, the state of the underlying science, and public policy considerations. As part of this exploration, the Committee will adjourn for the afternoon of July 7 to participate in a workshop sponsored by Secretary Leavitt's Personalized Health Care Initiative on Understanding the Needs of Consumers in the Use of Genomic-Based Health Information Services. The Committee also will review a proposed action plan for addressing issues associated with the genetics education and training of health professionals and move into the second stage of its priority setting process. As always, the Committee welcomes hearing from anyone wishing to provide public comment on any issue related to genetics, health and society. Individuals who would like to provide public comment should notify the SACGHS Executive Secretary, Ms. Sarah Carr, by telephone at 301-496-9838 or e-mail at *carrs@od.nih.gov* . The SACGHS office is located at 6705 Rockledge Drive, Suite 750, Bethesda, MD 20892. Anyone planning to attend the meeting who is in need of special assistance, such as sign language interpretation or other reasonable accommodations, is also asked to contact the Executive Secretary. Under authority of 42 U.S.C. 217a, section 222 of the Public Health Service Act, as amended, the Department of Health and Human Services established SACGHS to serve as a public forum for deliberations on the broad range of human health and societal issues raised by the development and use of genetic and genomic technologies and, as warranted, to provide advice on these issues. The draft meeting agenda and other information about SACGHS, including information about access to the Web cast, will be available at the following Web site: *http://www4.od.nih.gov/oba/sacghs.htm* . Dated: May 16, 2008. Jennifer Spaeth, Director, NIH Office of Federal Advisory Committee Policy. [FR Doc. E8-11798 Filed 5-23-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Department of Health and Human Services Implementation of New Authorities for the Public Health Emergency Preparedness Cooperative Agreement AGENCY: Department of Health and Human Services, Centers for Disease Control and Prevention, Coordinating Office for Terrorism Preparedness and Emergency Response, Division of State and Local Readiness. ACTION: Notification of intent to implement:
(1)Maintenance of funding (MOF);
(2)nonfederal matching requirements;
(3)evidence-based benchmarks and objective standards;
(4)maximum amount of carryover;
(5)pandemic influenza operations plans criteria;
(6)audit requirements; and
(7)withholding and repayment guidelines. Links to the Interim Progress Report
(IPR)for Budget Period 9
(BP9)of the Public Health Emergency Preparedness
(PHEP)program are provided for informational purposes only. SUMMARY: The Department of Health and Human Services (HHS or the Department), Centers for Disease Control and Prevention (CDC), will issue an Interim Progress Report
(IPR)for the PHEP cooperative agreement program in the third quarter of Fiscal Year
(FY)2008, as authorized under section 319C-1 of the Public Health Service
(PHS)Act, as amended by the Pandemic and All-Hazards Preparedness Act (PAHPA) (Pub. L. 109-417) (42 U.S.C. 247d-3a). The Consolidated Appropriations Act, 2008, (H.R. 2764) provided funding for these awards. This notice provides information to facilitate the critical aspects of the program, including: • Background of the program; • Current requirements for awardees: ○ MOF; • Future requirements of awardees: ○ Nonfederal matching requirements—reduced or no award provided; ○ Evidence-based benchmarks and objective standards—substantial failure results in withholding of funds; ○ Maximum amount of carryover—exceeding the limit results in repayment of funds; ○ Pandemic influenza planning documents—failure to submit a sufficient operations plan results in withholding of funds; ○ Audit requirements—failure results in repayment of funds; • Electronic submission; • Important dates; • Reporting; • PHEP IPR for BP9 ( *http://www.emergency.cdc.gov/* ); • Withholding and Repayment Guidance (Attachment). FOR FURTHER INFORMATION CONTACT: Donna Knutson at
(404)639-7530, or e-mail at [ *dbk2@cdc.gov* ]. SUPPLEMENTARY INFORMATION: Background of the Program Building on the lessons learned from the attacks of September 11, 2001, and Hurricanes Katrina and Rita in 2005, the PAHPA was enacted in December 2006 to improve the Nation's public health and medical preparedness and response capabilities for emergencies, whether deliberate, accidental, or natural. The PAHPA amended and added new sections to the PHS Act. Examples of these changes include identifying the Secretary of Health and Human Services as the lead official for all Federal public health and medical responses to public health emergencies and other incidents covered by the National Response Framework; establishing the position of the Assistant Secretary for Preparedness and Response (ASPR), who will lead and coordinate HHS preparedness and response activities, advise the Secretary of Health and Human Services during an emergency, and lead the coordination of emergency preparedness and response efforts between HHS and other Federal agencies; consolidating Federal public health and medical response programs under the renamed ASPR; requiring the development and implementation of the National Health Security Strategy; and reauthorizing the PHEP cooperative agreements administered by CDC and the Hospital Preparedness Program
(HPP)cooperative agreements administered by ASPR. In addition to reauthorizing these two cooperative agreement programs, the PAHPA added new requirements that awardees must meet. The purpose of this notice is to notify PHEP awardees about critical aspects and requirements of the PHEP cooperative agreements, as amended by PAHPA. The Secretary of Health and Human Services is required under section 319C-1(g) of the PHS Act to develop and require application of measurable benchmarks and objective standards that measure levels of preparedness with respect to PHEP activities. The Secretary of Health and Human Services must withhold funds beginning in FY 2009 from PHEP awardees who fail substantially to meet the applicable benchmarks or objective standards for the immediately preceding fiscal year and/or who fail to submit a sufficient pandemic influenza operations plan. Thus, PHEP awardees will have funds withheld from their FY 2009 awards (as described in the attached withholding guidance) if, when expending their FY 2008 PHEP awards, they fail substantially to meet the benchmarks and objective standards described in the FY 2008
(BP9)IPR or to submit a sufficient pandemic influenza operations plan. The Secretary of Health and Human Services is required to develop and implement a process to notify entities who have failed substantially to meet the evidence-based benchmarks and objective standards or who have failed to submit a sufficient pandemic influenza operations plan. The process must provide awardees with the opportunity to correct their noncompliance. Purpose: The purpose of the PHEP cooperative agreement program is to provide funding to improve and upgrade state and local public health jurisdictions' preparedness and response to bioterrorism, outbreaks of infectious diseases, and other public health threats and emergencies, utilizing the following goals: 1. Integration—integrating public health and public and private medical capabilities with other first responder systems including through— i. The periodic evaluation of Federal, State, local, and tribal preparedness and response capabilities through drills and exercises; and ii. The integration of public and private sector public health and medical donations and volunteers. 2. Public health—developing and sustaining Federal, State, local, and tribal essential public health security capabilities, including the following— i. Disease situational awareness domestically and abroad, including detection, identification, and investigation. ii. Disease containment including capabilities for isolation, quarantine, social distancing, and decontamination. iii. Risk communication and public preparedness. iv. Rapid distribution and administration of medical countermeasures. 3. Medical—increasing the preparedness, response capabilities, and surge capacity of hospitals, other healthcare facilities (including mental health facilities), and trauma care and emergency medical service systems, with respect to public health emergencies, which shall include developing plans for the following— i. Strengthening public health emergency medical management and treatment capabilities. ii. Medical evacuation and fatality management. iii. Rapid distribution and administration of medical countermeasures. iv. Effective utilization of any available public and private mobile medical assets and integration of other Federal assets. v. Protecting healthcare workers and healthcare first responders from workplace exposures during a public health emergency. 4. At-risk individuals— i. Taking into account the public health and medical needs of at-risk individuals in the event of a public health emergency. ii. For purposes of these awards, the term “at-risk individuals” means children, pregnant women, senior citizens, and other individuals who have special needs in the event of a public health emergency, as determined by the Secretary of Health and Human Services (see the IPR for BP9 for updated definition). 5. Coordination—minimizing duplication of, and ensuring coordination between, Federal, State, local, and tribal planning, preparedness, and response activities (including Emergency Management Assistance Compact). Such planning shall be consistent with the National Response Framework, or any successor plan, and National Incident Management Systems and the National Preparedness Goal. 6. Continuity of operations—maintaining vital public health and medical services to allow for optimal Federal, State, local, and tribal operations in the event of a public health emergency. *Eligibility:* Since the funding opportunity represents the fourth year of a five-year cooperative agreement, eligibility is limited to those currently funded through PHEP Program Announcement AA154 and authorized under 42 U.S.C. 247d-3a. Eligible applicants are the health departments of States or their bona fide agents, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, and the official public health agencies of New York City, New York; Los Angeles County, California; and Chicago, Illinois. Current Requirements of Awardees Maintenance of Funding
(MOF)MOF is defined as ensuring that the amount contributed by the entity that receives the award to support public health security does not fall below the average of the amount provided annually during the previous two years. This definition includes: 1. Appropriations specifically designed to support public health emergency preparedness as expended by the entity receiving the award; and 2. Funds not specifically allocated for public health emergency preparedness activities but which support public health emergency preparedness activities, such as personnel assigned to public health emergency preparedness responsibilities or supplies or equipment purchased for public health emergency preparedness from general funds or other lines within the operating budget of the entity receiving the award. The definition of expenditures does not include one-time expenses to support public health preparedness and response, such as purchases of antiviral drugs. Awardees will be required to document the required MOF as part of the IPR for BP9. According to Public Law 109-417, any funds withheld from the PHEP cooperative agreement program or the Hospital Preparedness Program will be reallocated to the Healthcare Facilities Partnership program in the same state. Future Awardee Requirements Matching Requirements PHEP cooperative agreement funding must be matched by nonfederal contributions beginning with the distribution of federal FY 2009 funds (Budget Period 10). Nonfederal contributions (match) may be provided directly or through donations from public or private entities and may be in cash or in-kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the federal government, or services assisted or subsidized to any significant extent by the federal government, may not be included in determining the amount of such nonfederal contributions. Awardees will be required to provide matching funds as described: i. For FY 2009, not less than 5% of such costs ($1 for each $20 of federal funds provided in the cooperative agreement); and ii. For any subsequent fiscal year of such cooperative agreement, not less than 10% of such costs ($1 for each $10 of federal funds provided in the cooperative agreement). Please refer to 45 CFR 92.24 for match requirements, including descriptions of acceptable match resources. Documentation of match must follow procedures for generally accepted accounting practices and meet audit requirements. Beginning with federal FY 2009, the Secretary of Health and Human Services may not make an award to an entity eligible for PHEP funds unless the eligible entity agrees to make available nonfederal contributions as described above. CDC will require each eligible entity to include in its FY 2008
(BP9)mid-year progress report a plan describing the methods and sources of match that the eligible entity agrees to pursue in FY 2009. Evidence-Based Benchmarks and Objective Standards In accordance with section 319C-1(g)(1), CDC has established the following evidence-based benchmarks and objective standards. Substantial failure to meet these benchmarks and standards will result in withholding of funds for the FY 2009 budget year (BP10). The following benchmarks and standards also appear in the PHEP IPR for BP9: 1. *Demonstrated capability to notify primary, secondary, and tertiary staff to cover all incident management functional roles during a complex incident.* To provide an effective and coordinated response to a complex incident, a public health department must maintain a current roster of pre-identified staff available to fill core Incident Command System
(ICS)functional roles. During an incident that lasts more than 12 hours, secondary and tertiary staff may be called upon to fill ICS roles, and thus the health department must maintain a roster of all staff qualified for those roles. Testing the staff notification system is critical for an efficient response, especially when the notification is unannounced and occurs outside of regular business hours. a. Confirm the accuracy of the primary, secondary, and tertiary contact information for all eight ICS functional roles at least once every six months. b. Test the notification system twice a year, with at least one test being unannounced and occurring outside of regular hours. The test can be a drill or an exercise, or it may be demonstrated by a response to a real incident. Guidance on the numerator, denominator, and scoring methodology to determine how results will factor in to a withholding penalty for this measure will be available by May 15, 2008. 2. *Demonstrated capability to receive, stage, store, distribute, and dispense material during a public health emergency.* Health departments must be able to provide countermeasures to 100% of their identified population within 48 hours after the decision to do so. To be able to achieve this standard, health departments must maintain the capability to plan and execute the receipt, staging, storage, distribution, and dispensing of material during a public health emergency. a. Obtain a score of 69 or higher on the Division of Strategic National Stockpile
(DSNS)State Technical Assistance Review by December 31, 2008. b. Each planning/local jurisdiction within each Cities Readiness Initiative
(CRI)metropolitan statistical area conducts a minimum of three DSNS drills by August 10, 2009. c. To comply with the PAHPA legislation and for purposes of guiding funding decisions for 2009, the planning/local jurisdiction(s) that comprises the 25% most populous within a CRI MSA conducts at least one of the three DSNS drills prior to December 31, 2008 (with the remaining two drills conducted by August 10, 2009). These drills may include any three of the following: staff call down, site activation, facility set-up, pick-list generation, dispensing, and/or modeling of throughput. Guidance on the numerator, denominator, and scoring methodology to determine how results will factor in to a withholding penalty for this measure will be available by May 15, 2008. Maximum Amount of Carryover CDC shall determine the maximum percentage amount of an award that an awardee may carry over to the succeeding fiscal year. Unjustifiable unobligated balances will be determined by using the awardee's spend plan and financial status and progress/performance reports. (See the Withholding and Repayment Guidance for additional information). To provide effective program management, an awardee must be able to develop and execute spend plans, make procurements and let contracts on schedule, and otherwise assure the infrastructure capacity to support the attainment of programmatic objectives. One outcome of an effective management infrastructure is the full expenditure of funds awarded in the budget period. CDC recognizes that there may be justifiable causes (e.g., state hiring freezes, inefficiencies on the part of the awarding agency) or unjustifiable causes (e.g., ineffective management infrastructure at the state level, irregularities in contracting or payment of debt) for dollars to remain unobligated at the end of the budget period even after a robust execution of plans. Therefore, the awardee must immediately communicate with CDC any events occurring between the scheduled spend plan and progress/performance report date which have significant impact upon the cooperative agreement. CDC will make available by May 15, 2008, additional guidance regarding spend plan and progress/performance reports to determine how results will factor into a repayment penalty for this measure. Pandemic Influenza Plans *State pandemic influenza operations plans must meet national standards* . On June 16, 2008, awardees will submit a second version of their pandemic influenza operations plans based on guidance provided by HHS on March 13, 2008. Two scores (Comprehensiveness and Operational Readiness) for each of the seven elements in the “Health and Medical” category will be used by CDC to determine the extent to which criteria have been met, as follows: Comprehensiveness Score: No Major Gaps A Few Major Gaps Many Major Gaps Inadequate Preparedness Operational Readiness Score: Substantial Evidence of Operational Readiness Significant Evidence of Operational Readiness Little Evidence of Operational Readiness Failure to meet accepted criteria for pandemic influenza operations planning will result in the withholding of funds for the FY 2009 budget period. Guidance on the numerator, denominator, and scoring methodology for this measure will be available by May 15, 2008. Audit Requirements Each entity receiving funds shall, not less than once every two years, audit its expenditures from amounts received from the PHEP cooperative agreement. Such audits shall be conducted by an entity independent of the agency administering the PHEP cooperative agreement in accordance with Office of Management and Budget
(OMB)Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. Audit reports must be submitted to CDC. Failure to conduct an audit or expenditures made not in accordance with PHEP cooperative agreement guidance and grants management policy may result in a requirement to repay funds to the Federal treasury or the withholding of future funds. Electronic Submission Given the technical capabilities necessary to carry out and document the activities required under this program, HHS is announcing the funding opportunity on the grants.gov Web site at *http://www.grants.gov* . Detailed instructions for submitting the combined IPR and application for funding will be available through a download in the Preparedness Emergency Response System for Oversight, Reporting, and Management Services (PERFORMS) at *https://sdn/cdc/gov* . Important PHEP Dates • Anticipated application due date: June 27, 2008. • Anticipated award date: August 11, 2008. Reporting Please refer to the PHEP IPR for actual reporting dates and requirements. Withholding and Repayment Guidance The Withholding and Repayment Guidance is provided in its entirety for review as an attachment. (See attachment below.) Dated: May 20, 2008. James D. Seligman, Chief Information Officer, Centers for Disease Control and Prevention, Department of Health and Human Services. Attachment CDC Public Health Emergency Preparedness Cooperative Agreement Withholding and Repayment Guidance Procedural Consideration This standard operating procedure
(SOP)describes procedures CDC will use to implement withholding or repayment actions in connection with the Public Health Emergency Preparedness
(PHEP)cooperative agreement program. A. Pandemic and All-Hazards Preparedness Act (PAHPA) requirements for the PHEP Cooperative Agreement. The PAHPA requires the withholding of amounts from entities that fail to achieve benchmarks and objective standards or to submit an acceptable pandemic influenza operations plan, beginning with Fiscal Year 2009 and in each succeeding fiscal year: Benchmarks and Statewide Pandemic Influenza Operations Plan
(1)Enforcement Condition: Awardees substantially fail to meet evidence-based benchmarks and objective standards and/or fail to prepare and submit an acceptable pandemic influenza operations plan. Please note 319C-1(g)(6)(B) Separate Accounting: Each failure described under A(1) shall be treated as a separate failure for purposes of calculating amounts withheld under A(2). For example, a failure to achieve applicable benchmarks as a whole will count as one failure and a failure to submit a pandemic influenza operations plan will count as a second failure.
(2)Enforcement Action: • Withhold funds—Fiscal Year 2008 is for the purpose of evaluation to determine the amount to be withheld from the year immediately following year of failure. Additionally, each failure is to be treated as a separate failure for the purposes of the penalties described below: • Initial failure—withholding in an amount equal to 10% of funding per failure. • Two consecutive years of failure—withholding in an amount equal to 15% of funding per failure. • Three consecutive years of failure—withholding in an amount equal to 20% of funding per failure. • Four consecutive years of failure—withholding in an amount equal to 25% of funding per failure. • Reallocation of amount withheld—According to Pub. L. 109-417, any funds withheld from the PHEP or the Hospital Preparedness Program will be reallocated to the Healthcare Facilities Partnership program in the same state. • Preference in reallocation—According to Pub. L. 109-417, any funds withheld from the PHEP or the Hospital Preparedness Program will be reallocated to the Healthcare Facilities Partnership program in the same state. *Waive or Reduce:* The Secretary of Health and Human Services may waive or reduce the withholding as described above for a single entity or for all entities in a fiscal year, if the Secretary determines that mitigating conditions exist that justify the waiver or reduction. Audit Implementation
(1)Enforcement Condition: Awardees who fail to submit the required audit or spend amounts in noncompliance.
(2)Enforcement Action: Grants Management Officer disallows costs and requests payment via standard audit disallowance process or temporarily withholds funds pending corrective action. Adjudication: Enforcement will be in accordance with 45 Code of Federal Regulation (CFR), part 16. Carryover
(1)Enforcement Condition: For each fiscal year, the percentage amount of an award unexpended by an awardee exceeds the maximum percentage permitted by the Secretary.
(2)Enforcement Action: Awardees shall return to the Secretary the portion of the unexpended amount that exceeds the maximum permitted to be carried over. According to Public Law 109-417, any funds withheld from the PHEP or the Hospital Preparedness Program will be reallocated to the Healthcare Facilities Partnership program in the same state. *Waive or Reduce:* The awardee may request a waiver of the maximum percentage amount or the Secretary may waive or reduce the withholding as described above for a single entity or for all entities in a fiscal year, if the Secretary determines that mitigating conditions exist that justify the waiver or reduction. The Secretary will make a decision after reviewing the awardee's request for waiver. The Department of Health and Human Services
(HHS)permits grantees to appeal to the Departmental Appeal Board
(DAB)certain post-award adverse administrative decisions made by HHS officials (see 45 CFR part 16). CDC has established a first-level grant appeal procedure that must be exhausted before an appeal may be filed with the DAB (see 42 CFR part 50.404). CDC will assume jurisdiction for any of the above adverse determinations. [FR Doc. E8-11718 Filed 5-23-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2008-N-0298] Reportable Food Registry as Required by the Food and Drug Administration Amendments Act of 2007; Announcement of Delay in Implementation and Request for Comments AGENCY: Food and Drug Administration, HHS. ACTION: Notice; delay in implementation and request for comments. SUMMARY: The Food and Drug Administration
(FDA)is announcing a delay in the implementation of the Reportable Food Registry (the Registry) of the Food and Drug Administration Amendments Act of 2007 (FDAAA). FDA intends to implement the FDAAA requirement to establish an electronic portal for reportable food by utilizing the business enterprise system currently under development by the agency. This system will be easy to use and the most efficient and cost effective for both users and the agency. FDA expects that the agency's business enterprise system will be operational in spring 2009. FDA acknowledges that the prohibited act provisions relating to the Registry will not apply until such time as FDA establishes the electronic portal to implement the Registry. In conjunction with this delay announcement, FDA is requesting comments on certain aspects of the Registry provisions. DATES: Submit written or electronic comments by August 11, 2008. ADDRESSES: Submit written comments to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Faye Feldstein, Center for Food Safety and Applied Nutrition (HFS-005), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 301-436-2428. SUPPLEMENTARY INFORMATION: I. Background On September 27, 2007, the President signed FDAAA into law (Public Law 110-85). Section 1005 of FDAAA amends the Federal Food, Drug, and Cosmetic Act (the act) by creating a new section 417 (21 U.S.C. 350f). Section 417 of the act requires the Secretary of Health and Human Services (the Secretary) to establish within FDA a Reportable Food Registry (the Registry); the Registry is to be established not later than 1 year after the date of enactment (i.e., by September 27, 2008). The Congressionally-identified purpose of the Registry is to provide a “reliable mechanism to track patterns of adulteration in food [which] would support efforts by the Food and Drug Administration to target limited inspection resources to protect the public health” (121 Stat. 965). The Secretary has delegated to the Commissioner of Food and Drugs the responsibility for administering the act, including section 417 of the act. To further the development of the Registry, section 417 of the act requires FDA to establish, also within 1 year after the date of enactment (i.e., by September 27, 2008), an electronic portal (the Reportable Food electronic portal) by which instances of reportable food may be submitted to FDA by responsible parties or public health officials. Section 417(a)(1) of the act defines “responsible party” as a person that submits the registration under section 415(a) of the act (21 U.S.C. 350d) for a food facility that is required to register under section 415(a), at which such article of food is manufactured, processed, packed, or held. Persons who are authorized to submit a facility registration under section 415 of the act are the owner, operator, or agent in charge of a domestic or foreign facility engaged in manufacturing, processing, packing, or holding food for consumption in the United States. Section 417(a)(2) of the act defines a “reportable food” as an article of food (other than infant formula) for which there is a reasonable probability that the use of, or exposure to, such article of food will cause serious adverse health consequences or death to humans or animals. Under section 417(d) of the act, a responsible party is required to submit a report to FDA through the Reportable Food electronic portal as soon as practicable, but in no case later than 24 hours after the responsible party determines that an article of food is a reportable food. Federal, State, and local public health officials may voluntarily submit such reports to FDA through the electronic portal under section 417(d)(3) of the act. Section 417(e) of the act specifies 11 data elements that are required in the initial report or in a subsequent report to FDA; such reports are to be submitted via the Reportable Food electronic portal. Examples of required data elements include the following:
(1)The registration numbers of the responsible party provided under section 415(a)(3) of the act;
(2)the date on which the article of food was determined to be a reportable food; and
(3)a description of the article of food including the quantity or amount. Section 417(b)(2) of the act requires FDA to review promptly and assess information submitted via the electronic portal. Section 417(c)(1) requires FDA to issue, or cause to be issued, an alert or notification with respect to a reportable food using the information from the Registry as FDA deems necessary to protect the public health. In addition, following submission of a report via the Reportable Food electronic portal and after consultation with the responsible party that submitted a report, FDA may require the responsible party to provide a notification consistent with section 417(d)(6)(B) of the act. Section 1005(e) of FDAAA provides that the requirements of section 417(d) of the act are effective 1 year after the enactment date (i.e., on September 27, 2008). The failure to submit a report or provide a notification required by section 417(d) of the act is a prohibited act under section 301(mm) of the act (21 U.S.C. 331(mm)); persons who commit a prohibited act may be enjoined (21 U.S.C. 332) or prosecuted criminally (21 U.S.C. 333). Under section 1005(f) of FDAAA, FDA is required to issue a guidance to industry about submitting reports to the electronic portal established under section 417(b)(1) of the act and providing notifications to other persons in the supply chain of an article of food. This guidance is required to be issued not later than 9 months after the date of enactment of FDAAA (i.e., by June 27, 2008). II. Delay in Implementation of the Registry FDA has determined that the most efficient and cost effective means of implementing the requirements of section 417 of the act relating to the Registry is to utilize the business enterprise system currently under development within the agency. This system will permit FDA to establish an electronic portal through which instances of reportable food may be submitted to the agency, and will be easy to use, for both those submitting reports to the agency and for FDA. However, the agency anticipates that FDA's business enterprise system will not be implemented in time to meet the statutory deadline of section 417(b)(1) of the act which, as stated, requires FDA to establish the Reportable Food electronic portal by September 27, 2008. Therefore, FDA is announcing a delay in the implementation of the requirements of section 417 of the act. FDA expects that the agency's business enterprise system will be operational in spring 2009. In a future issue of the **Federal Register** , the agency will notify the public, including the industry, of the date the Reportable Food electronic portal becomes available to accept reports under section 417(d) of the act. After that date, FDA expects that responsible parties will comply with the requirements of section 417 of the act, including the requirement to submit instances of reportable food to the agency via the Reportable Food electronic portal. In the interim, FDA strongly encourages persons to continue to report instances of adulterated food through existing mechanisms, such as notifying the relevant FDA District office, until such time as the Registry and its associated electronic portal are fully implemented. III. Request for Comments FDA is seeking comments on the requirements contained in the Registry provisions of section 417 of the act. In addition to general information, data, and comments, we request comments on the following questions:
(1)What obstacles, if any, do responsible parties anticipate in complying with the requirements of section 417 of the act?
(2)How can FDA enhance the quality, utility, and clarity of the information to be submitted to the Registry?
(3)What would be an efficient and effective method for providing and receiving notifications to and from sources and recipients in the supply chain of instances of reportable food?
(4)In addition to the data elements set out in section 417 of the act, what other information, if any, would be important to provide in responsible party notifications to the immediate previous source and immediate subsequent recipient of the article of food? IV. Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES ) written or electronic comments regarding this document. Submit a single copy of electronic comments or two paper copies of any mailed comments, except that individuals may submit one paper copy. Comments are to be identified with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Please note that on January 15, 2008, the FDA Division of Dockets Management Web site transitioned to the Federal Dockets Management System (FDMS). FDMS is a Government-wide, electronic docket management system. Electronic comments or submissions will be accepted by FDA only through FDMS at *http://www.regulations.gov* . Dated: May 16, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8-11517 Filed 5-23-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Statement of Organization, Functions and Delegations of Authority This notice amends Part R of the Statement of Organization, Functions and Delegations of Authority of the Department of Health and Human Services (HHS), Health Resources and Services Administration
(HRSA)(60 FR 56605, as amended November 6, 1995; as last amended at 73 FR 22961-22964 dated April 28, 2008). This notice reflects organizational changes in the Health Resources and Services Administration. Specifically, this notice updates the functional statement for the Office of Information Technology (RAG). Chapter RA—Office of the Administrator Section RA-10, Organization The Office of the Administrator
(RA)is headed by the Administrator, Health Resources and Services Administration, who reports directly to the Secretary. The OA includes the following components:
(1)Immediate Office of the Administrator (RA);
(2)Office of Equal Opportunity and Civil Rights (RA2);
(3)Office of Planning and Evaluation (RA5);
(4)Office of Communications (RA6);
(5)Office of Minority Health and Health Disparities (RA9);
(6)Office of Legislation (RAE);
(7)Office of Information Technology (RAG);
(8)Office of International Health Affairs (RAH); and
(9)Office of Management (RAM). Section RAG-20, Functions Delete the current functional statement for the Office of Information Technology
(RAG)in its entirety and replace with the following: Office of Information Technology
(RAG)The Chief Information Officer
(CIO)is responsible for the organization, management, and administrative functions necessary to carry out the responsibilities of the CIO including: organizational development, investment control, budget formulation and execution, policy development, strategic and tactical planning, and performance monitoring. The CIO provides leadership in the development, review and implementation of policies and procedures to promote improved information technology management capabilities and best practices throughout HRSA. The OCIO coordinates IT workforce issues and works closely with the departmental Office of Human Resources Management on IT recruitment and training issues. The Chief Technology Officer (CTO), reporting to the CIO, is responsible for the HRSA emerging and advanced technology integration program consistent with HRSA missions and program objectives. The CTO manages technology planning and is responsible for coordinating the Agency's Enterprise Architecture
(EA)efforts with the capital planning process, ensuring the suitability and consistency of technology investments with HRSA's EA and strategic objectives, and incorporating security standards as a component of the EA process. The CTO provides leadership for strategic planning that leverages information systems security, program strategies, and advanced technology integration to achieve program objectives through innovative technology use. The CTO also provides leadership and establishes policy to address legislative or regulatory requirements, such as Section 508 of the Rehabilitation Act, and provides oversight for Agency IT configuration management and control. The Chief Information Security Officer (CISO), reporting to the CIO, provides leadership for, and collaborates with, Agency staff to oversee the implementation of security and privacy policy in the management of their IT systems, and plans all activities associated with the Federal Information Security Management Act (FISMA) or other agency security and privacy initiatives. The CISO implements, coordinates, and administers security and privacy programs to protect the information resources of HRSA in compliance with legislation, Executive Orders, directives of the Office of Management and Budget (OMB), or other mandated requirements e.g., Presidential Decision Directive 63, OMB Circular A-130, the National Security Agency, the Privacy Act, and other Federal agencies. Further, the CISO is responsible for the execution of the Agency's Risk Management Program, and evaluates and assists with the implementation of safeguards to protect major information systems, and IT infrastructure. In close coordination with the Division of IT Operations and Customer Service, develops and implements HRSA level policies, procedures, guidelines, and standards for the incorporation of intrusion detection systems, vulnerability scanning, forensic and other security tools used to monitor automated systems and subsystems to safeguard HRSA's electronic information and data assets. The CISO manages the development, implementation, and evaluation of the HRSA information technology security and privacy training program to meet the requirements as mandated by OMB Circular A-130, the Computer Security Act, and Privacy Act. Division of Business Information Management
(RAG1)The Division of Business Information Management (DBIM), provides consultation, assistance, and services to HRSA to promote and manage information dissemination and collaboration practices using appropriate electronic media. DBIM evaluates and integrates emerging technology to facilitate the translation of data and information from data repositories into electronic formats for internal and external dissemination. In collaboration with the Office of Communications, DBIM is responsible for the design, deployment, and maintenance of HRSA's Internet and Intranet Web sites including development and implementation of related policies and procedures. DBIM develops and maintains an overall data and information management strategy for HRSA that is integrated with HHS and Government-wide strategies. DBIM identifies information needs across HRSA and develops approaches for meeting those needs using appropriate technologies including development and maintenance of an enterprise reporting platform. DBIM provides for data quality and ensures that data required for enterprise information requirements are captured in appropriate enterprise applications and that necessary data repositories are built and maintained. DBIM enhances and expands use and utility of HRSA's data by providing basic analytic and user support; develops and maintains a range of information products for internal and external users; and demonstrates potential uses of information in supporting management decisions. DBIM provides leadership and establishes policy to address legislative or regulatory requirements in its areas of responsibility. Division of Capital Planning and Project Management
(RAG2)The Division of Capital Planning and Project Management (DCPPM) coordinates the development and review of policies and procedures for IT Capital Planning and Investment Control, Earned Value Management, IT portfolio management, IT project management, and the enterprise performance lifecycle methodology. DCPPM administers the Department's multi-year strategic information resources planning process, including developing and administering the Department's Strategic IT Plan; supports the Budget Office in its evaluation of IT initiatives, and preparation of Agency, departmental and OMB Budget Exhibits and documents. DCPPM works to obtain required information and analyzes it as appropriate; coordinates control and evaluation review of ongoing IT projects, including support to the HRSA ITIRB in conducting such review; promotes and follows a consistent methodology for project management and improves agency-wide project management. DCPPM operates a Project Management Office to improve management, communications and functional user involvement, assists with project prioritization, and monitors progress and budget. Division of Enterprise Solutions Development and Management
(RAG3)The Division of Enterprise Solutions Development and Management (DESDM) provides leadership, consultation, and IT project management services in the definition of Agency business applications architectures, the engineering of business processes, the building and deployment of applications, and the development, maintenance and management of enterprise systems and data collections efforts. DESDM is responsible for technology evaluation, application and data architecture definition, controlling software configuration management, data modeling, database design, development and management and stewardship services for business process owners. DESDM manages the systems development lifecycle by facilitating business process engineering efforts, systems requirements definition, and provides oversight for application change management control. DESDM provides enterprise application user training, Tier-3 assistance, and is responsible for end-to-end application building, deployment, maintenance and data security assurance. Division of IT Operations and Customer Services
(RAG4)The Division of IT Operations and Customer Services (ITOCS) provides leadership, consultation, training, and management services for HRSA's enterprise computing environment. ITOCS directs and manages the support and acquisition of HRSA network and desktop hardware, servers, wireless communication devices, and software licenses. ITOCS is responsible for the HRSA Data Center and the operation and maintenance of a complex, high-availability network infrastructure on which mission-critical applications are made available 24 hours per day, 7 days per week. ITOCS provides oversight for outsourced electronic mail, Internet and connectivity, web and video conferencing, and co-managed firewall and security monitoring services. ITOCS controls infrastructure configuration management, installations and upgrades, security perimeter protection, and system resource access. ITOCS coordinates IT activities for Continuity of Operations Planning
(COOP)Agency-wide including provisioning and maintaining IT infrastructure and hardware at designated COOP locations to support emergency and COOP requirements. ITOCS is accountable for property life cycle management and tracking of Agency-wide IT capital equipment. ITOCS provides oversight for outsourced Tier-1 and Tier-2 Help Desk Call Center technical assistance; maintains workstation hardware and software configuration management controls; and provides oversight of outsourced network and desktop services to staff in HRSA Regional Offices (ROs). Section RA-30, Delegations of Authority All delegations and re-delegations of authority made to HRSA officials and employees of affected organizational components will continue in them or their successors pending further re-delegations, provided they are consistent with this reorganization. This reorganization is effective upon the date of signature. Dated: May 15, 2008. Elizabeth M. Duke, Administrator. [FR Doc. E8-11800 Filed 5-23-08; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Government-Owned Inventions; Availability for Licensing AGENCY: National Institutes of Health, Public Health Service, HHS. ACTION: Notice. SUMMARY: The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing. ADDRESSES: Licensing information and copies of the U.S. patent applications listed below may be obtained by writing to the indicated licensing contact at the Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852-3804; telephone: 301/496-7057; fax: 301/402-0220. A signed Confidential Disclosure Agreement will be required to receive copies of the patent applications. C4′-Substituted-2-Deoxyadenosine Analogs and Methods of Treating HIV *Description of Technology:* The invention describes a new use for C4′-methyl-2-deoxyadenosine, a nucleoside analog that has significant activity against HIV-1 and most strains of HIV previously shown to be resistant to other reverse transcriptase nucleoside inhibitor treatments. In vitro experimental results show substantial anti-HIV activity (blocked infectivity) with no observable cytotoxicity in cell culture. Mechanistic studies indicate that this compound blocks DNA synthesis by reverse transcriptase. *Applications:* Treatment and prevention of HIV infection. *Advantages:* Nucleoside analog against HIV-1 reverse transcriptase with no observable cytotoxicity in cell culture. Potential new treatment for HIV-1 infections including infections by strains of HIV-1 that are resistant to nucleoside reverse transcriptase inhibitors. *Development Status:* In vitro data can be provided upon request. *Market:* Therapeutic for the treatment and/or prevention of HIV infection. *Inventors:* Bao-Han Christie Vu, Stephen H. Hughes, Maqbool Siddiqui, and Victor E. Marquez (NCI). *Publication:* Meeting Abstract: 8th Annual Symposium for Antiviral Resistance in Richmond, VA, November 11-14, 2007 (Can be provided upon request). *Patent Status:* U.S. Provisional Application No. 61/002,711 filed 09 Nov 2007 (HHS Reference No. E-012-2008/0-US-01). *Licensing Status:* Available for exclusive or non-exclusive licensing. *Licensing Contact:* Sally Hu, Ph.D.; 301-435-5606, *HuS@mail.nih.gov* . *Collaborative Research Opportunity:* The National Cancer Institute HIV Drug Resistance Program is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize C4′-methyl- and C4′-ethyl-substituted-2-deoxyadenosine analogs. Please contact John D. Hewes, PhD at 301-435-3121 or *hewesj@mail.nih.gov* for more information. Method of Treating Infectious and Inflammatory Lung Disease With Suppressive Oligonucleotides *Description of Technology:* Lung disease is the number three killer in America, responsible for one in seven deaths, and lung disease and other breathing problems are the number one killer of babies younger than one year old. Today, more than thirty
(30)million Americans are living with chronic inflammatory lung diseases such as emphysema and chronic bronchitis. In addition, approximately one hundred and fifty thousand (150,000) Americans are affected by acute respiratory distress syndrome
(ARDS)each year. Many lung diseases are associated with lung inflammation. For example, ARDS involves the rapid onset of progressive malfunction of the lungs, and is usually associated with the malfunction of other organs due to the inability to take up oxygen. The condition is associated with extensive lung inflammation and small blood vessel injury in all affected organs. ARDS is commonly precipitated by trauma, sepsis (systemic infection), diffuse pneumonia, and shock. It also may be associated with extensive surgery, and certain blood abnormalities. In many cases of ARDS and other inflammatory lung diseases, the inflammatory response that accompanies the underlying disease state is much more dangerous than the underlying infection or trauma. This application claims use of suppressive oligonucleotides to suppress lung inflammation. More specifically, the application claims use of suppressive oligonucleotides for the treatment, prevention, or inhibition of pneumonia, ARDS, and chronic bronchitis. *Applications:* Vaccine adjuvants, production of vaccines, immunotherapeutics. *Development Status:* Preclinical studies have been performed; oligonucleotides have been synthesized. *Inventors:* Dennis Klinman (FDA/CBER; NCI) and Hiroshi Yamada (CBER/FDA). *Patent Status:* U.S. Provisional Application No. 60/417,263 filed 08 Oct 2002 (HHS Reference Number E-183-2002/0-US-01); U.S. Patent Application No. 10/682,130 filed 07 Oct 2003 (HHS Reference Number E-183-2002/0-US-02). *Licensing Status:* Available for exclusive or nonexclusive licensing. *Licensing Contact:* Peter A. Soukas, J.D.; 301-435-4646; *soukasp@mail.nih.gov* . *Collaborative Research Opportunity:* The National Cancer Institute, Laboratory of Experimental Immunology, Immune Modulation Group, is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize this technology. Please contact John D. Hewes, Ph.D. at 301-435-3121 or *hewesj@mail.nih.gov* for more information. Method of Treating and Preventing Infections in Immunocompromised Subjects With Immunostimulatory CpG Oligonucleotides *Description of Technology:* Primary disorders of the immune system can be divided into four categories,
(1)disorders of the humoral immunity,
(2)disorders of cellular immunity,
(3)disorders of phagocytes, and
(4)disorders of complement. In addition, there are many causes of secondary immunodeficiency such as treatment with immunosuppressive or chemotherapeutic agents, protein-losing enteropathy, and infection with a human immunodeficiency virus (HIV). Generally, immunocompromised patients are unable to mount an immune response to a vaccine or an infection in the same manner as non-immunocompromised individuals. Opportunistic infections to which individuals infected with HIV are susceptible include bacterial infections such as salmonellosis, syphilis and neurosyphilis, tuberculosis (TB), a typical mycobacterial infection, and bacillary angiomatosis (cat scratch disease), fungal infections such as aspergillosis, candidiasis (thrush, yeast infection), coccidioidomycosis, cryptococcal meningitis, and histoplasmosis, protozoal infections such as cryptosporidiosis, isosporiasis, microsporidiosis, Pneumocystis Carinii pneumonia (PCP), and toxoplasmosis, viral infections such as Cytomegalovirus (CMV), hepatitis, herpes simplex (HSV, genital herpes), herpes zoster (HZV, shingles), human papilloma virus (HPV, genital warts, cervical cancer), Molluscum Contagiosum, oral hairy leukoplakia (OHL), and progressive multifocal leukoencephalopathy (PML), and neoplasms such as Kaposi's sarcoma, systemic non-Hodgkin's lymphoma (NHL), and primary CNS lymphoma, among others. These opportunistic infections remain principally responsible for the morbidity and mortality associated with HIV disease. This application claims use of immunostimulatory D-type CpG oligonucleotides for the treatment of immunocompromised individuals. More specifically, the application claims use of immunostimulatory D-type CpG oligonucleotides for the treatment of individuals infected with HIV. *Application:* Vaccine adjuvants, production of vaccines, immunotherapeutics. *Development Status:* Preclinical studies have been performed; oligonucleotides have been synthesized. *Inventors:* Dennis Klinman (FDA/CBER; NCI) and Daniela Verthelyi (FDA/CBER). *Patent Status:* U.S. Provisional Application No. 60/411,944 filed 18 Sep 2002 (HHS Reference No. E-153-2002/0-US-01); U.S. Patent Application No. 10/666,022 filed 17 Sep 2003 (HHS Reference No. E-153-2002/0-US-03). *Licensing Status:* Available for exclusive or nonexclusive licensing. *Licensing Contact:* Peter A. Soukas, J.D.; 301-435-4646; *soukasp@mail.nih.gov* . *Collaborative Research Opportunity:* The National Cancer Institute, Laboratory of Experimental Immunology, Immune Modulation Group, is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize this technology. Please contact John D. Hewes, PhD at 301-435-3121 or *hewesj@mail.nih.gov* for more information. Dated: May 15, 2008. Steven M. Ferguson, Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health. [FR Doc. E8-11698 Filed 5-23-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Notice of Meeting; Chairpersons, Boards of Scientific Counselors for Institutes/Centers at the NIH Notice is hereby given of a meeting scheduled by the Deputy Director for Intramural Research at the National Institutes of Health
(NIH)with the Chairpersons of the Boards of Scientific Counselors. The Boards of Scientific Counselors are advisory groups to the Scientific Directors of the Intramural Research Programs at the NIH. This meeting will take place on June 30, 2008, from 10 a.m. to 3 p.m., at the NIH, 1 Center Drive, Bethesda, MD, Building 1, Wilson Hall. The meeting will include a discussion of policies and procedures that apply to the regular review of NIH intramural scientists and their work, with special emphasis on clinical research. The meeting will be open to the public, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should contact Ms. Colleen Crone at the Office of Intramural Research, NIH, Building 1, Room 160, Telephone
(301)496-1921 or FAX
(301)402-4273 in advance of the meeting. Dated: April 30, 2008. Raynard S. Kington, Deputy Director, NIH. [FR Doc. E8-11715 Filed 5-23-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Mental Health; Notice of Meeting Notice is hereby given of a meeting of the Services Subcommittee of the Interagency Autism Coordinating Committee (IACC). The purpose of the Services Subcommittee is to review the current state of services and supports for individuals with Autism Spectrum Disorder
(ASD)and their families in order to improve these services. The Subcommittee meeting will be closed to the public with attendance limited to IACC members. The Subcommittee will report on its meeting at the next meeting of the IACC on July 15, 2008. *Name of Committee:* Interagency Autism Coordinating Committee (IACC). *Type of meeting:* Services Subcommittee. *Date:* June 13, 2008. *Time:* 9:30 a.m. to 3 p.m. *Agenda:* Review the current state of services and supports for individuals with ASD and their families. *Place:* Autism Society of America, 7910 Woodmont Avenue, Suite 300, Bethesda, MD 20814-3067. *Contact Person:* Tanya Pryor, National Institute of Mental Health, NIH, Neuroscience Center, 6001 Executive Boulevard, Room 6198, Bethesda, MD 20892-9669, 301-443-7153, *pryort@mail.nih.gov* . Information about the IACC is available on the Web site: *http://www.nimh.nih.gov/research-funding/scientific-meetings/recurring-meetings/iacc/index.shtml* . Dated: May 15, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11713 Filed 5-23-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Cancer Institute Special Emphasis Panel, Discovery and Development. *Date:* June 4-5, 2008. *Time:* 8 a.m. to 1 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Gaithersburg Marriott Washingtonian Center, 9751 Washingtonian Boulevard, Gaithersburg, MD 20878. *Contact Person:* Peter J. Wirth, PhD, Scientific Review Officer, Research Programs Review Branch, Division of Extramural Activities, National Cancer Institute, 6116 Executive Boulevard, Room 8131, Bethesda, MD 20892-8328, 301-496-7565. *pw2q@nih.gov* This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* National Cancer Institute Special Emphasis Panel, PAR 07-230 “Feasibility Studies for Collaborative Interaction for Minority Institution/Cancer Center Partnership.” *Date:* June 24-25, 2008. *Time:* 8 a.m. to 5:30 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Bethesda Marriott, 5151 Pooks Hill Road, Bethesda, MD 20814. *Contact Person:* Rhonda J. Moore, PhD, Scientific Review Officer, Special Review and Logistics Branch, Division of Extramural Activities, National Cancer Institute, NIH, 6116 Executive Boulevard, Room 7151, Bethesda, MD 20892-8329, 301-451-9385. *moorerh@mail.nih.gov* *Name of Committee:* National Cancer Institute Special Emphasis Panel, Application of Emerging Technologies for Cancer Research. *Date:* June 26, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Hilton at Old Town, 1767 King Street, Alexandria, VA 22314. *Contact Person:* Marvin L. Salin, PhD, Scientific Review Officer, Special Review and Logistics Branch, Division of Extramural Activities, National Cancer Institute, 6116 Executive Boulevard, Room 7073, Bethesda, MD 20892-8329, 301-496-0694. *msalin@mail.nih.gov* *Name of Committee:* National Cancer Institute Special Emphasis Panel, Comprehensive Minority Institution Cancer Center Partnership (MICCP) (U54). *Date:* June 26-27, 2008. *Time:* 8 a.m. to 8 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Marriott Bethesda North Hotel and Conference Center, 5701 Marinelli Road, Bethesda, MD 20852. *Contact Person:* C. Michael Kerwin, PhD, MPH., Scientific Review Officer, Special Review and Logistics Branch, Division of Extramural Activities, National Cancer Institute, NIH, 6116 Executive Blvd., Rm. 8057, Bethesda, MD 20892-8329, 301-496-7421. *kerwinm@mail.nih.gov* *Name of Committee:* National Cancer Institute Special Emphasis Panel, PAR 06-458 “Small Grant for Behavioral Research in Cancer Control” / PAR 08-055 “Cancer Prevention Research Small Grant Program.” *Date:* July 9, 2008. *Time:* 8 a.m. to 5:30 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Bethesda Marriott Suites, 6711 Democracy Boulevard, Bethesda, MD 20817. *Contact Person:* Rhonda J. Moore, PhD, Scientific Review Officer, Special Review and Logistics Branch, Division of Extramural Activities, National Cancer Institute, NIH, 6116 Executive Boulevard, Room 7151, Bethesda, MD 20892-8329, 301-451-9385. *moorerh@mail.nih.gov* (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS) Dated: May 19, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11644 Filed 5-23-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and/or contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications and/or contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Cancer Institute Special Emphasis Panel; SBIR Phase II “Multiplexed Protein Assays by Real-time Immuno-PCR”. *Date:* June 12, 2008. *Time:* 1 p.m. to 5 p.m. *Agenda:* To review and evaluate contract proposals. *Place:* National Institutes of Health, 6116 Executive Boulevard, Rockville, MD 20852 (Telephone Conference Call). *Contact Person:* Lalita D. Palekar, PhD, Scientific Review Officer, Special Review and Logistics Branch, Division of Extramural Activities, National Cancer Institute, 6116 Executive Boulevard, Room 7141, Bethesda, MD 20892-7405, 301-496-7575, *palekarl@mail.nih.gov.* *Name of Committee:* National Cancer Institute Special Emphasis Panel; Mentored Clinical Scientist Research Career Development Award (K08). *Date:* June 25, 2008. *Time:* 10:30 a.m. to 11 a.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6116 Executive Boulevard, Rockville, MD 20852, (Telephone Conference Call). *Contact Person:* Robert Bird, PhD, Scientific Review Officer, Resources and Training Review Branch, Division of Extramural Activities, National Cancer Institute, 6116 Executive Boulevard, Room 8113, Bethesda, MD 20892-8328, 301-496-7978, *birdr@mail.nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS) Dated: May 20, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11811 Filed 5-23-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Center for Complementary & Alternative Medicine; 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 Center for Complementary and Alternative Medicine Special Emphasis Panel Clinical Science. *Date:* June 23-24, 2008. *Time:* June 23, 2008, 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Embassy Suites at the Chevy Chase Pavilion, 4300 Military Road, NW., Washington, DC 20015. *Contact Person:* Jeanette M. Hosseini, PhD, Scientific Review Administrator, Office of Scientific Review, National Center for Complementary and Alternative Medicine, NIH, 6707 Democracy Blvd., Suite 401, Bethesda, MD 20892,
(301)594-9096, *jeanetteh@mail.nih.gov* . *Name of Committee:* National Center for Complementary and Alternative Medicine Special Emphasis Panel Centers for Excellence in Research (P01). *Date:* June 25-27, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Courtyard Gaithersburg Washingtonian Center, 204 Boardwalk Place, Gaithersburg, MD 20878. *Contact Person:* Martina Schmidt, PhD, Scientific Review Administrator, Office of Scientific Review, National Center for Complementary & Alternative Medicine, NIH, 6707 Democracy Blvd., Suite 401, Bethesda, MD 20892, 301-594-3456, *schmidma@mail.nih.gov* . Dated: May 19, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11714 Filed 5-23-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and 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 Diabetes and Digestive and Kidney Diseases Initial Review Group; Digestive Diseases and Nutrition C Subcommittee. *Date:* June 17-18, 2008. *Open:* June 17, 2008, 8 a.m. to 8:30 a.m. *Agenda:* To review procedures and discuss policy. *Place:* Crowne Plaza Washington National Airport Hotel, 1480 Crystal Drive, Arlington, VA 22202. *Closed:* June 17, 2008, 8:30 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Crowne Plaza Washington National Airport Hotel, 1480 Crystal Drive, Arlington, VA 22202. *Closed:* June 18, 2008, 8 a.m. to 2 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Crowne Plaza Washington National Airport Hotel, 1480 Crystal Drive, Arlington, VA 22202. *Contact Person:* Dan E. Matsumoto, PhD, Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes Of Health, Room 749, 6707 Democracy Boulevard, Bethesda, Md 20892-5452,
(301)594-8894, *matsumotod@extra.niddk.nih.gov* . (Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS) Dated: May 19, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11634 Filed 5-23-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Notice of Meeting: Secretary's Advisory Committee on Genetics, Health, and Society Pursuant to Public Law 92-463, notice is hereby given of the sixteenth meeting of the Secretary's Advisory Committee on Genetics, Health, and Society (SACGHS), U.S. Public Health Service. The meeting will be held from 8:30 a.m. to approximately 11:30 a.m. on Monday, July 7, 2008, and 8 a.m. to approximately 5 p.m. on Tuesday, July 8, 2008, at the Hubert H. Humphrey Building, 200 Independence Avenue SW., Washington, DC 20201. The meeting will be open to the public with attendance limited to space available. The meeting also will be Web cast. The meeting will involve an exploration of the issues associated with the marketing of personalized genomic information and services directly to consumers. The Committee will hear presentations about these services, including the specificity of information being provided and plans for helping consumers interpret and utilize the results for healthcare decisionmaking, consumer perspectives, the state of the underlying science, and public policy considerations. As part of this exploration, the Committee will adjourn for the afternoon of July 7 to participate in a workshop sponsored by Secretary Leavitt's Personalized Health Care Initiative on Understanding the Needs of Consumers in the Use of Genomic-based Health Information Services. The Committee also will review a proposed action plan for addressing issues associated with the genetics education and training of health professionals and move into the second stage of its priority setting process. As always, the Committee welcomes hearing from anyone wishing to provide public comment on any issue related to genetics, health and society. Individuals who would like to provide public comment should notify the SACGHS Executive Secretary, Ms. Sarah Carr, by telephone at 301-496-9838 or e-mail at *carrs@od.nih.gov.* The SACGHS office is located at 6705 Rockledge Drive, Suite 750, Bethesda, MD 20892. Anyone planning to attend the meeting who is in need of special assistance, such as sign language interpretation or other reasonable accommodations, is also asked to contact the Executive Secretary. Under authority of 42 U.S.C. 217a, Section 222 of the Public Health Service Act, as amended, the Department of Health and Human Services established SACGHS to serve as a public forum for deliberations on the broad range of human health and societal issues raised by the development and use of genetic and genomic technologies and, as warranted, to provide advice on these issues. The draft meeting agenda and other information about SACGHS, including information about access to the Web cast, will be available at the following Web site: *http://www4.od.nih.gov/oba/sacghs.htm.* Dated: May 16, 2008. Jennifer Spaeth, Director, NIH Office of Federal Advisory Committee Policy. [FR Doc. E8-11792 Filed 5-23-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health The National Institute of Dental and Craniofacial Research Announces Plans To Develop Its Strategic Plan for 2009-2013 and Invites Public Comments AGENCY: National Institute of Dental and Craniofacial Research (NIDCR), National Institutes of Health (NIH), Department of Health and Human Services (HHS). ACTION: Request for comments. SUMMARY: The NIDCR is developing a new strategic plan to guide the Institute's research efforts over the next five years (2009-2013). NIDCR is inviting public comments and input for the development of the plan via its Web site *http://www.nidcr.nih.gov* , by mail or fax to the addresses below. ADDRESSES: National Institute of Dental and Craniofacial Research, Office of the Director, 31 Center Drive, Building 31 Room 2C39, MSC 2290 Bethesda, MD 20892. FAX: 301-402-2185. E-mail: *http://www.nidcr.nih.gov/NewsAndFeatures/Announcements/StrategicPlanInput.htm* . DATES: Comments should be submitted via e-mail on or before June 20, 2008. *Background:* NIDCR is the lead federal agency for research and research training on oral, dental and craniofacial diseases and disorders. NIDCR has a distinguished record of nearly 60 years of supporting research to advance the oral health of the nation. Achieving NIDCR's vision of advancing the oral health and well-being for all requires having a comprehensive strategic plan that identifies the most promising opportunities for investment, delineates the Institute's priorities, and that reflects the advice of the research community and the public at large. NIDCR achieves its mission to improve oral, dental and craniofacial health through research, research training and the dissemination of health information. Request for Comments The NIDCR seeks input to the following questions to inform the strategic plan: 1. Looking forward, should NIDCR increase its use of targeted research to ensure that key research areas with promise are addressed? If so, what priority areas would you recommend that NIDCR pursue? Targeted research is research solicited by the Institute via initiatives, RFAs or RFPs. 2. In your view, what are the truly “transformative” areas that could have the greatest benefit for advancing dental research? 3. What can be done to augment and accelerate the role and significance of dental and craniofacial research in the growing framework of translational research? 4. What should be NIDCR's position on funding “high risk/high reward research”? What in your view constitutes “high risk/high reward”? 5. In realistic terms, what can—and should—NIDCR do to expand and enhance the “pipeline” for new dental and craniofacial researchers? 6. Please provide any additional input that you think would be useful to NIDCR in developing its 2009—2013 Strategic Plan. Individuals submitting public comments are asked to include relevant contact information [name, affiliation (if any), e-mail-address and phone]. This information may be disclosed to NIDCR senior staff serving on the strategic plan steering committee and to contractors working on behalf of NIDCR. Submission of this information is voluntary. However, the information you provide will help to categorize responses by scientific area of expertise, organizational entity or professional affiliation. Collection of this information is authorized under 42 U.S.C. 203, 241, 2891-1 and 44 U.S.C. 3101 and Sections 301 and 493 of the Public Health Service Act regarding the establishment of the National Institutes of Health, its general authority to conduct and fund research and to provide training assistance, and its general authority to maintain records in connection with its other functions. Dated: May 17, 2008. Lawrence A. Tabak, Director, National Institute of Dental and Craniofacial Research, National Institutes of Health. [FR Doc. E8-11799 Filed 5-23-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1755-DR] Maine; Amendment No. 1 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Maine (FEMA-1755-DR), dated May 9, 2008, and related determinations. EFFECTIVE DATE: May 14, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Maine is hereby amended to include the Public Assistance program for the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of May 9, 2008. Knox, Lincoln, Piscataquis, Somerset, and Waldo Counties for Public Assistance. Aroostook County for Public Assistance (already designated for Individual Assistance.) (The following Catalog of Federal Domestic Assistance Numbers
(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-11687 Filed 5-23-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1755-DR] Maine; Major Disaster and Related Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This is a notice of the Presidential declaration of a major disaster for the State of Maine (FEMA-1755-DR), dated May 9, 2008, and related determinations. EFFECTIVE DATE: May 9, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated May 9, 2008, the President declared a major disaster under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act), as follows: I have determined that the damage in certain areas of the State of Maine resulting from severe storms and flooding beginning on April 28, 2008, and continuing, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206 (the Stafford Act). Therefore, I declare that such a major disaster exists in the State of Maine. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide Individual Assistance in the designated areas, Hazard Mitigation throughout the State, and any other forms of assistance under the Stafford Act that you deem appropriate. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation and Other Needs Assistance will be limited to 75 percent of the total eligible costs. If Public Assistance is later requested and warranted, Federal funds provided under that program also will be limited to 75 percent of the total eligible costs, except for any particular projects that are eligible for a higher Federal cost-sharing percentage under the FEMA Public Assistance Pilot Program instituted pursuant to 6 U.S.C. 777. Further, you are authorized to make changes to this declaration to the extent allowable under the Stafford Act. The time period prescribed for the implementation of section 310(a), Priority to Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months after the date of this declaration. The Federal Emergency Management Agency
(FEMA)hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Phillip E. Parr, of FEMA is appointed to act as the Federal Coordinating Officer for this declared disaster. The following areas of the State of Maine have been designated as adversely affected by this declared major disaster: Aroostook County for Individual Assistance. All counties within the State of Maine are eligible to apply for assistance under the Hazard Mitigation Grant Program. (The following Catalog of Federal Domestic Assistance Numbers
(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-11689 Filed 5-23-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1755-DR] Maine; Amendment No. 2 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Maine (FEMA-1755-DR), dated May 9, 2008, and related determinations. EFFECTIVE DATE: May 16, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Maine is hereby amended to include the following area among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of May 9, 2008. Penobscot County for Individual Assistance. (The following Catalog of Federal Domestic Assistance Numbers
(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-11693 Filed 5-23-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1753-DR] Mississippi; Major Disaster and Related Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This is a notice of the Presidential declaration of a major disaster for the State of Mississippi (FEMA-1753-DR), dated May 8, 2008, and related determinations. EFFECTIVE DATE: May 8, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated May 8, 2008, the President declared a major disaster under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act), as follows: I have determined that the damage in certain areas of the State of Mississippi resulting from severe storms and flooding beginning on March 20, 2008, and continuing, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act). Therefore, I declare that such a major disaster exists in the State of Mississippi. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide Individual Assistance in the designated areas, Hazard Mitigation throughout the State, and any other forms of assistance under the Stafford Act that you deem appropriate. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation and Other Needs Assistance will be limited to 75 percent of the total eligible costs. If Public Assistance is later requested and warranted, Federal funds provided under that program also will be limited to 75 percent of the total eligible costs, except for any particular projects that are eligible for a higher Federal cost-sharing percentage under the FEMA Public Assistance Pilot Program instituted pursuant to 6 U.S.C. 777. Further, you are authorized to make changes to this declaration to the extent allowable under the Stafford Act. The time period prescribed for the implementation of section 310(a), Priority to Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months after the date of this declaration. The Federal Emergency Management Agency
(FEMA)hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Michael L. Parker, of FEMA is appointed to act as the Federal Coordinating Officer for this declared disaster. The following areas of the State of Mississippi have been designated as adversely affected by this declared major disaster: Bolivar, Warren, Washington, and Wilkinson Counties for Individual Assistance. All counties within the State of Mississippi are eligible to apply for assistance under the Hazard Mitigation Grant Program. (The following Catalog of Federal Domestic Assistance Numbers
(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-11686 Filed 5-23-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1749-DR] Missouri; Amendment No. 7 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster for the State of Missouri (FEMA-1749-DR), dated March 19, 2008, and related determinations. EFFECTIVE DATE: May 9, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident period for this disaster is closed effective May 9, 2008. (The following Catalog of Federal Domestic Assistance Numbers
(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-11688 Filed 5-23-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1754-DR] Oklahoma; Major Disaster and Related Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This is a notice of the Presidential declaration of a major disaster for the State of Oklahoma (FEMA-1754-DR), dated May 9, 2008, and related determinations. EFFECTIVE DATE: May 9, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated May 9, 2008, the President declared a major disaster under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act), as follows: I have determined that the damage in certain areas of the State of Oklahoma resulting from severe storms, tornadoes, and flooding during the period of April 9-28, 2008, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206 (the Stafford Act). Therefore, I declare that such a major disaster exists in the State of Oklahoma. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide Public Assistance in the designated areas, Hazard Mitigation throughout the State, and any other forms of assistance under the Stafford Act that you deem appropriate. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation will be limited to 75 percent of the total eligible costs. Federal funds provided under the Stafford Act for Public Assistance also will be limited to 75 percent of the total eligible costs, except for any particular projects that are eligible for a higher Federal cost-sharing percentage under the FEMA Public Assistance Pilot Program instituted pursuant to 6 U.S.C. § 777. If Other Needs Assistance under Section 408 of the Stafford Act is later requested and warranted, Federal funding under that program also will be limited to 75 percent of the total eligible costs. Further, you are authorized to make changes to this declaration to the extent allowable under the Stafford Act. The Federal Emergency Management Agency
(FEMA)hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Justin A. Dombrowski, of FEMA is appointed to act as the Federal Coordinating Officer for this declared disaster. The following areas of the State of Oklahoma have been designated as adversely affected by this declared major disaster: Adair, Caddo, Coal, Delaware, Haskell, Hughes, Johnston, Latimer, Logan, Love, Mayes, McIntosh, Muskogee, Okfuskee, Ottawa, Pawnee, Pittsburg, Pushmataha, Rogers, Seminole, Sequoyah, Tillman, and Wagoner Counties for Public Assistance. All counties within the State of Oklahoma are eligible to apply for assistance under the Hazard Mitigation Grant Program. (The following Catalog of Federal Domestic Assistance Numbers
(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-11690 Filed 5-23-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration [Docket Nos. TSA-2006-24191; Coast Guard-2006-24196] Transportation Worker Identification Credential (TWIC); Enrollment Dates for the Ports of Paulsboro, NJ; Paducah, KY; Marquette, MI; Valdez, AK; St. Croix, VI; and Coos Bay, OR AGENCY: Transportation Security Administration; United States Coast Guard; DHS. ACTION: Notice. SUMMARY: The Department of Homeland Security
(DHS)through the Transportation Security Administration
(TSA)issues this notice of the dates for the beginning of the initial enrollment for the Transportation Worker Identification Credential
(TWIC)for the Ports of Paulsboro, NJ; Paducah, KY; Marquette, MI; Valdez, AK; St. Croix, VI; and Coos Bay, OR. DATES: TWIC enrollment begins in Paulsboro, Paducah, and Marquette on May 29, 2008; Valdez on June 4, 2008; St. Croix on June 5, 2008; and Coos Bay on June 11, 2008. ADDRESSES: You may view published documents and comments concerning the TWIC Final Rule, identified by the docket numbers of this notice, using any one of the following methods.
(1)Searching the Federal Docket Management System
(FDMS)Web page at *www.regulations.gov* ;
(2)Accessing the Government Printing Office's Web page at *http://www.gpoaccess.gov/fr/index.html* ; or
(3)Visiting TSA's Security Regulations Web page at *http://www.tsa.gov* and accessing the link for “Research Center” at the top of the page. FOR FURTHER INFORMATION CONTACT: James Orgill, TSA-19, Transportation Security Administration, 601 South 12th Street, Arlington, VA 22202-4220. Transportation Threat Assessment and Credentialing (TTAC), TWIC Program,
(571)227-4545; e-mail: *credentialing@dhs.gov* . Background The Department of Homeland Security (DHS), through the United States Coast Guard and the Transportation Security Administration (TSA), issued a joint final rule (72 FR 3492; January 25, 2007) pursuant to the Maritime Transportation Security Act (MTSA), Pub. L. 107-295, 116 Stat. 2064 (November 25, 2002), and the Security and Accountability for Every Port Act of 2006 (SAFE Port Act), Pub. L. 109-347 (October 13, 2006). This rule requires all credentialed merchant mariners and individuals with unescorted access to secure areas of a regulated facility or vessel to obtain a TWIC. In this final rule, on page 3510, TSA and Coast Guard stated that a phased enrollment approach based upon risk assessment and cost/benefit would be used to implement the program nationwide, and that TSA would publish a notice in the **Federal Register** indicating when enrollment at a specific location will begin and when it is expected to terminate. This notice provides the start date for TWIC initial enrollment at the Ports of Paulsboro, NJ, Paducah, KY, and Marquette, MI on May 29, 2008; Valdez, AK on June 4, 2008; St. Croix, VI on June 5, 2008; and Coos Bay, OR on June 11, 2008. The Coast Guard will publish a separate notice in the **Federal Register** indicating when facilities within the Captain of the Port Zone Delaware Bay, including those in the Port of Paulsboro; Captain of the Port Zone Ohio Valley, including those in the Port of Paducah; Captain of the Port Zone Sault Ste. Marie, including those in the Port of Marquette; Captain of the Port Zone Prince William Sound, including those in the Port of Valdez; Captain of the Port Zone San Juan, including those in the Port of St. Croix; and Captain of the Port Zone Portland, including those in the Port of Coos Bay must comply with the portions of the final rule requiring TWIC to be used as an access control measure. That notice will be published at least 90 days before compliance is required. To obtain information on the pre-enrollment and enrollment process, and enrollment locations, visit TSA's TWIC Web site at *http://www.tsa.gov/twic* . Issued in Arlington, Virginia, on May 21, 2008. Rex Lovelady, Program Manager, TWIC, Office of Transportation Threat Assessment and Credentialing, Transportation Security Administration. [FR Doc. E8-11807 Filed 5-23-08; 8:45 am] BILLING CODE 9110-05-P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection [Docket No. USCBP-2006-0037] International Registered Traveler Pilot Program Name Changed to Global Entry; Program Starting Date Accelerated; Changes to Enrollment Center Information AGENCY: Customs and Border Protection; Department of Homeland Security. ACTION: General notice. SUMMARY: On April 11, 2008, Customs and Border Protection
(CBP)published in the **Federal Register** a notice announcing a pilot international registered traveler program, then referred to as International Registered Traveler (IRT), to be operated by CBP to allow for the expedited clearance of pre-approved low-risk air travelers into the United States. This notice announces that the program is now known as Global Entry and that the starting date of the pilot program has been moved up to June 6, 2008. This notice also updates the contact information for the Enrollment Center at Washington Dulles International Airport, Sterling, Virginia. DATES: The pilot will commence June 6, 2008. Applications currently are being accepted. Comments will be accepted throughout the duration of the pilot. FOR FURTHER INFORMATION CONTACT: Fiorella Michelucci, Office of Field Operations,
(202)344-2564 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background On April 11, 2008, Customs and Border Protection
(CBP)published in the **Federal Register** (73 FR 19861) a notice announcing a pilot international registered traveler program, then referred to as International Registered Traveler (IRT), to be operated by CBP to allow for the expedited clearance of pre-approved low-risk air travelers into the United States. It was further announced that the pilot will begin on June 10, 2008, and will initially be conducted at the John F. Kennedy International Airport, Jamaica, New York; the George Bush Intercontinental Airport, Houston, Texas; and the Washington Dulles International Airport, Sterling, Virginia, and may expand to other locations as announced. All aspects of the program as described in the April 11 notice are still in effect except for the changes set forth in this notice. Applications started being accepted for the pilot on May 12, 2008, and are still being accepted. Comments will be accepted throughout the duration of the pilot to the addresses provided in the April 11, 2008 notice. Revisions to Previous Notice This notice is to inform the public of three changes relating to the April 11, 2008 announcement: The name of the program has been changed to “Global Entry”, and the operation of the pilot will commence on June 6, 2008, four days earlier than the date announced in the April 11, 2008 notice. This notice also updates the contact information for the Enrollment Center at Washington Dulles International Airport, Sterling, Virginia. The new telephone number for that location is 703-661-2854; the new fax number is 703-661-0013. Dated: May 20, 2008. W. Ralph Basham, Commissioner, U.S. Customs and Border Protection. [FR Doc. E8-11629 Filed 5-23-08; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CO-200-0777-XZ-241A] Call for a Nomination for Front Range Colorado Resource Advisory Council AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Resource Advisory Council Call for a Nomination on Colorado's Front Range. SUMMARY: The purpose of this notice is to request a public nomination for the Bureau of Land Management
(BLM)Front Range Resource Advisory Council
(RAC)specifically in “group 3,” for the Elected Official Position. The RAC provides advice and recommendations to BLM on land use planning and management of the public lands along the Front Range of Colorado. The BLM will consider public nominations for 30 days after the publication date of this notice. DATES: Send all nomination materials to the address below no later than June 27, 2008. Address/Contact: Front Range RAC John Dow, Royal Gorge Field Office, BLM, 3028 E. Main St., Canon City, Colorado 81212
(719)269-8559. SUPPLEMENTARY INFORMATION: The Federal Land Policy and Management Act (FLPMA) (43 U.S.C. 1730) directs the Secretary of the Interior to involve the public in planning and issues related to management of lands administered by BLM. Section 309 of FLPMA directs the Secretary to select 10 to 15 member citizen-based advisory councils that are consistent with the requirements of the Federal Advisory Committee Act (FACA). As required by the FACA, RAC membership must be balanced and representative of the various interests concerned with the management of the public lands. The rules governing RACs are found at 43 CFR 1784.b. Individuals may nominate themselves or others. Nominees must be residents of the State or States in which the RAC has jurisdiction. The BLM will evaluate the nominee based on their education, training, and experience and their knowledge of the geographical area of the RAC. The nominee should demonstrate a commitment to collaborative resource decisionmaking. The following must accompany all nominations: —Letters of reference from represented interests or organizations, —A completed background information nomination form, —Any other information that speaks to the nominee's qualifications. Simultaneous with this notice, the BLM Canon City Field Office will issue a press release providing additional information for submitting nominations. Dated: May 19, 2008. Roy L. Masinton, Field Manager, Royal Gorge Field Office. [FR Doc. E8-11745 Filed 5-23-08; 8:45 am] BILLING CODE 4310-JB-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [ID-420-2824-JT-FM01, DEG080005] Notice of Intent To Prepare an Environmental Impact Statement for the Whiskey South II Vegetation Management Project, Cottonwood Field Office, Idaho County, ID AGENCY: Bureau of Land Management, Interior. ACTION: Notice of intent
(NOI)to prepare an environmental impact statement. SUMMARY: The Bureau of Land Management Cottonwood Field Office will prepare an environmental impact statement
(EIS)consistent with the regulations pertaining to the National Environmental Policy Act
(NEPA)and address key components of the National Fire Plan. Under the provisions of Section 102(2)(c) of the NEPA, the BLM announces its intentions to prepare an EIS and solicit public comments regarding issues and resource information for this project. The purpose of the Whiskey South II project is to reduce existing and potential fuel loads to reduce the potential of high-intensity large-scale wildfire, improve the safety and effectiveness of firefighters in fire suppression activities, contribute to the economic and social well being of residents and visitors within proximity to the project area, maintain and improve water quality and fish habitat, and improve wildlife habitat and forage opportunities. DATES: The public scoping period for the Whiskey South II project will begin with publication of this notice. The purpose of the public scoping process is to determine relevant issues that will influence the scope of the environmental analysis and EIS alternatives. The BLM will notify the public of any other opportunities for involvement for this proposal at least 15 days prior to the event. Meeting dates, locations and times will be announced by news release to the media including local newspapers and radio stations, individual mailings, and postings on the following BLM Web site: *http://www.blm.gov/id/st/en/fo/cottonwood.html* . To be most helpful, you should submit formal scoping comments within 30 days after this NOI is published. The draft EIS is expected to be distributed for public review and comment in the spring of 2009. The final environmental impact statement is expected to be ready four to six months later. ADDRESSES: More detailed information about this project, including a map, is available at the Cottonwood Field Office, 1 Butte Drive, Cottonwood, Idaho 83522. Please submit written comments to the Cottonwood Field Office, Attn: Stephanie Connolly, at the above address. Fax comments to
(208)962-3275, or e-mail them to *cynthia_weston@blm.gov* . Please indicate Whiskey South II in the subject line. FOR FURTHER INFORMATION CONTACT: Cindy Weston, Project Leader,
(208)769-5114 or e-mail: *cynthia_weston@blm.gov* ; Robbin Boyce, Assistant Cottonwood Field Office Manager,
(208)962-3793 or e-mail: *robbin_boyce@blm.gov* . SUPPLEMENTARY INFORMATION: On August 24, 2005, a scoping letter for the Whiskey South II proposal was mailed to known interested groups and individuals. Based on the comments that were received and from the interdisciplinary team's knowledge of the issues and other projects in this area, it has been determined that further analysis is warranted and an EIS will be prepared. The Cottonwood Field Office is seeking information, comments, and assistance from other agencies, organizations, Tribes, and individuals who may be interested in or affected by the Proposed Action. The Cottonwood Field Office will issue local press releases notifying the public of additional opportunities to meet with staff and to discuss the project in more detail. Issues previously identified during public scoping for this project as well as comments received as a result of this Notice will be used to prepare the EIS. The proposed action would implement key components of the National Fire Plan as addressed in the 10-Year Cohesive Strategy by reducing hazardous fuels conditions; reduce the risk of high intensity wildland fire to life, property and natural resources in the Elk City wildland-urban interface; and maintain low intensity fire conditions where they exist. The proposed action implements recommendations from the Idaho County Wildland Fire and Mitigation Plan (2003). The proposed action would also maintain and improve water quality, fish and wildlife habitat and improve wildlife forage opportunities. The proposed action includes vegetation management on about 710 acres using cable, tractor and helicopter yarding methods. Slash disposal will be accomplished through piling, burning, or utilization. Pre-commercial thinning (no timber harvest), followed by prescribed burning, would be conducted on about 10 acres. Riparian habitat conservation areas (RHCAs) adjacent to the South Fork Clearwater River and Crooked River would be treated only by burning, about 65 acres; no timber harvest or pre-commercial thinning would occur. The project would include temporary and new road construction. The new road would be behind a locked gate, and public motorized use would be restricted. Restoration activities are centered on transportation modifications. Approximately 5.1 miles of existing roads would be decommissioned, and another 3.5 miles would be closed to yearlong travel. Road upgrades, graveling and improving drainage would occur on 4.2 miles of existing road. This project would remove dead and dying trees; manage forest stands to meet desired conditions of size, class and species distributions by removing dead and live trees; reduce ladder fuels; maintain existing fire resistant tree species in areas where understory trees are encroaching due to fire exclusion; improve quantity and quality of elk winter range by reducing conifer encroachment and stimulating browse species through use of prescribed fire; and improve aquatic resource conditions through various restoration activities such as placing rock on roads adjacent to live water crossings and road decommissioning. Issues previously identified during public scoping for this project include the following: • Road construction, sediment and water quality • Fuel reduction methods and retention of old growth timber • Treatments in landslide prone areas • Community preparedness, economics and timber values • Invasive species, snowmobile access, wild and scenic rivers, and air quality • Fisheries (resident, anadromous, and listed species) habitat • Wildlife habitat, including big game hiding, security, thermal cover and travel corridors/connectivity; snag and old growth habitat retention • Cumulative impacts of past and likely future activities in the Elk City area If you have specific issues or other concerns that BLM should consider in the NEPA process, please identify them in writing. You may send comments to the BLM by mail, facsimile, or electronic mail. Comments may also be hand-delivered to the Cottonwood Field Office. 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. Dated: May 20, 2008. Gary D. Cooper, District Manager. [FR Doc. E8-11722 Filed 5-23-08; 8:45 am] BILLING CODE 4310-GG-P DEPARTMENT OF THE INTERIOR Minerals Management Service Extension of Post-Sale Evaluation Period for Central Gulf of Mexico Lease Sale 206 AGENCY: Minerals Management Service (MMS), Interior. ACTION: Notice to Extend Post-Sale Evaluation Period for Central Gulf of Mexico Lease Sale 206. SUMMARY: This notice extends by 30 days, the post-sale evaluation period for Central Gulf of Mexico Lease Sale 206. The Minerals Management Service
(MMS)will complete evaluating all the bids received in this sale by July 17, 2008. This action is necessary due to the unusually high number of bids received in this lease sale. DATES: The post-sale evaluation period ends on June 17, 2008. FOR FURTHER INFORMATION CONTACT: David Marin, Regional Supervisor, Resource Evaluation, Gulf of Mexico Region, telephone 504-736-2710. SUPPLEMENTARY INFORMATION: In the Central Gulf of Mexico Sale 206, held March 19, 2008, we received 1057 bids on 615 tracts, 513 tracts of which passed to a second phase requiring additional detailed evaluations. The aggressive bidding activity is due, in part, to the high number of quality prospects on recently expired unexplored tracts in newly established deepwater hydrocarbon plays and to the cost saving technological advances related to hydrocarbon exploration and development in the Gulf of Mexico's deepwater environment. The unusually high number of bids received on a large number of tracts, and the high volume of exclusively reprocessed data identified on Sale 206, significantly increases the workload for reviewing the adequacy of bids. Consequently, MMS is unable to conduct and complete the bid review process within the 90 days, *i.e.* , by June 17, 2008. Under the provisions of § 256.47(e)(2), MMS is extending the bid evaluation period until July 17, 2008. Dated: May 5, 2008. Lars Herbst, Regional Director, Gulf of Mexico OCS Region. [FR Doc. E8-11711 Filed 5-23-08; 8:45 am] BILLING CODE 4310-MR-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Application Pursuant to § 1301.33(a) of Title 21 of the Code of Federal Regulations (CFR), this is notice that on April 25, 2008, Siegfried (USA), Inc., Industrial Park Road, Pennsville, New Jersey 08070, made application by letter to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of Oripavine(9330), a basic class of controlled substance listed in schedule II. The company will use the above listed controlled substance in the manufacture of other controlled substance intermediates for sale to its customers. Any other such applicant and any person who is presently registered with DEA to manufacture such a substance may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR 1301.33(a). Any such written comments or objections being sent via regular mail should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), Washington, DC 20537, or any being sent via express mail should be sent to Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 8701 Morrissette Drive, Springfield, Virginia 22152; and must be filed no later than July 28, 2008. Dated: May 15, 2008. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E8-11631 Filed 5-23-08; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Application Pursuant to § 1301.33(a) of Title 21 of the Code of Federal Regulations (CFR), this is notice that on September 21, 2007, AMRI Rensselaer, Inc., 33 Riverside Avenue, Rensselaer, New York 12144, made application by renewal to the Drug Enforcement Administration
(DEA)as a bulk manufacturer of the basic classes of controlled substances listed in schedules I and II: Drug Schedule Marihuana
(7360)I Tetrahydrocannabinols
(7370)I Amphetamine
(1100)II Lisdexamfetamine
(1205)II Methylphenidate
(1724)II Pentobarbital
(2270)II Hydrocodone
(9193)II Meperidine
(9230)II Dextropropoxyphene, bulk (non-dosage form)
(9273)II Oxymorphone
(9652)II Fentanyl
(9801)II The company plans to manufacture bulk controlled substances for use in product development and for distribution to its customers. In reference to drug code 7360 (Marihuana), the company plans to bulk manufacture cannabidiol as a synthetic intermediate. This controlled substance will be further synthesized to bulk manufacture a synthetic THC (7370). No other activity for this drug code is authorized for this registration. Any other such applicant, and any person who is presently registered with DEA to manufacture such substances, may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR 1301.33(a). Any such written comments or objections being sent via regular mail should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), Washington, DC 20537, or any being sent via express mail should be sent to Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 8701 Morrissette Drive, Springfield, Virginia 22152; and must be filed no later than July 28, 2008. Dated: May 19, 2008. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E8-11633 Filed 5-23-08; 8:45 am] BILLING CODE 4410-09-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 26, 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, Food Safety and Inspection Service (N1-462-07-1, 1 item, 1 temporary item). Master file associated with an electronic information system used to analyze food inspection performance data. The proposed disposition instructions are limited to electronic records. 2. Department of Homeland Security, Office of Public Affairs (N1-563-07-17, 13 items, 8 temporary items). Non-executive level biographies; routine photographs; agreements for non-governmental, entertainment-oriented projects requesting use of the agency seal, insignia, and other assistance; and working papers and background materials. Proposed for permanent retention are executive level biographies, communication plans, mission-related photographs, press conference records, and press releases. 3. Department of Homeland Security, United States Citizenship and Immigration Services (N1-566-08-12, 2 items, 2 temporary items). Inputs and master file associated with a local area network that tracks the adjudication of applications and petitions for immigration benefits and services except those related to asylum and naturalization. 4. Department of Homeland Security, United States Citizenship and Immigration Services (N1-566-08-13, 2 items, 2 temporary items). Inputs and master file associated with a mainframe system that tracks the adjudication of applications and petitions for immigration benefits and services except those related to asylum and naturalization. 5. Department of Homeland Security, United States Citizenship and Immigration Services (N1-566-08-14, 2 items, 2 temporary items). Inputs and master file associated with an electronic consolidated database used as a repository for centralized agency reporting and managerial capabilities. 6. Department of Homeland Security, United States Immigration and Customs Enforcement (N1-567-08-2, 1 item, 1 temporary item). Office of Investigations confidential informant case files. 7. Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives (N1-436-07-04, 2 items, 2 temporary items). Master file and inputs used in the oversight and analysis of the Capital Planning and Investment Control process. 8. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (N1-436-08-9, 9 items, 9 temporary items). Records relating to the agency's public website, including web content, management, and technical records. 9. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (N1-436-08-12, 6 items, 6 temporary items). Master file, inputs, and outputs of the accident claim tort tracking system and vehicle accident tracking system. 10. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (N1-436-08-14, 2 items, 2 temporary items). Master file and inputs of the Trace Operations, Workflow, and Reporting System, which supports the Firearms Tracing System. 11. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (N1-436-08-15, 2 items, 2 temporary items). Master file and inputs of the eTrace system, which supports the Firearms Tracing System. 12. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (N1-436-08-16, 1 item, 1 temporary item). Master file consisting of training materials and training documentation of employees. 13. Department of Justice, Criminal Division (N1-60-08-13, 1 item, 1 temporary item). Master file for an electronic information system, which tracks applications for S-class visa status. 14. Department of Justice, Federal Bureau of Investigation (N1-65-07-22, 14 items, 6 temporary items). Reference files, work papers, and audit logs of the Uniform Crime Reporting Program. Proposed for permanent retention are annual statistical reports, handbooks and manuals, special statistical publications, and the master files, for the following electronic systems: Summary Reporting, National Incident-Based Reporting, Hate Crime Statistics, and Law Enforcement Officers Killed and Assaulted. 15. Department of Justice, Federal Bureau of Investigation (N1-65-08-3, 12 items, 8 temporary items). Inputs, outputs, audit logs, and backups of the Foreign Intelligence Surveillance Act Management System and the National Security Letter Subsystem. Proposed for permanent retention are the master files and system documentation for both systems. 16. Department of Justice, Federal Bureau of Investigation (N1-65-08-11, 4 items, 4 temporary items). Master file and inputs of the Terrorist Review and Examination Unit Watchlist Nomination Log, which facilitates nomination and inclusion of suspected terrorist investigation subjects onto watchlists. 17. Department of Justice, Federal Bureau of Investigation (N1-65-08-12, 1 item, 1 temporary item). Master file for the document control system used to maintain accountability and control for handling of classified documents. 18. Department of Justice, Federal Bureau of Investigation (N1-65-08-13, 10 items, 10 temporary items). Website and program records for an information sharing network for public and private collaboration in identifying and decreasing national critical infrastructure vulnerabilities. 19. Department of Justice, Federal Bureau of Investigation (N1-65-08-14, 4 items, 4 temporary items). Master file, outputs, documentation, and audit logs for the decommissioned Data Extraction and Extension Project, which consolidates information about counterterrorism investigations. 20. Department of Justice, Justice Management Division (N1-60-08-6, 1 item, 1 temporary item). Master file of the Rent Management System, which tracks real property and space management data to produce accurate rent billings and perform rent budgeting functions. 21. Federal Communications Commission, Office of Engineering and Technology (N1-173-08-4, 1 item, 1 temporary item). Master file for an electronic information system used to address questions related to policy and guidelines regarding telecommunication equipment authorizations. 22. Federal Communications Commission, Office of Engineering and Technology (N1-173-08-5, 1 item, 1 temporary item). Master file for an electronic information system used to document receipt and disposal of sample equipment. 23. Federal Maritime Commission, Bureau of Trade Analysis (N1-358-08-07, 3 items, 3 temporary items). Carrier and marine terminal operator agreement files, subject files, and copies of trade studies for the Office of Agreements/Office of Economics and Competition Analysis. Dated: May 20, 2008. Michael J. Kurtz, Assistant Archivist for Records Services—Washington, DC. [FR Doc. E8-11791 Filed 5-23-08; 8:45 am] BILLING CODE 7515-01-P NATIONAL INSTITUTE FOR LITERACY National Institute for Literacy Advisory Board; Notice of an Open Meeting With a Closed Session AGENCY: National Institute for Literacy. ACTION: Notice of an open meeting with a closed session. SUMMARY: This notice sets forth the schedule and proposed agenda of an upcoming open meeting of the National Institute for Literacy Advisory Board. The notice also describes the functions of the Committee. Notice of this meeting is required by Section 10(a)(2) of the Federal Advisory Committee Act and is intended to notify the public of its opportunity to attend. DATES: June 11, 2008. *Time:* 8 a.m.-8:30 a.m. and 9:30 a.m.-6 p.m. Closed session 8:30 a.m. to 9:30 a.m. ADDRESSES: The National Institute for Literacy, 1775 I St., NW., Suite 730, Washington, DC 20006. FOR FURTHER INFORMATION CONTACT: Steve Langley, Staff Assistant, the National Institute for Literacy; 1775 I St., NW., Suite 730; phone:
(202)233-2025; fax:
(202)233-2050; e-mail: *slangley@nifl.gov* . Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FRS)at 1-800-877-8339. SUPPLEMENTARY INFORMATION: The National Institute for Literacy Advisory Board is authorized by section 242 of the Workforce Investment Act of 1998, Pub. L. 105-220 (20 U.S.C. 9252). The Board consists of 10 individuals appointed by the President with the advice and consent of the Senate. The Board advises and makes recommendations to the Interagency Group that administers the Institute. The Interagency Group is composed of the Secretaries of Education, Labor, and Health and Human Services. The Interagency Group considers the Board's recommendations in planning the goals of the Institute and in implementing any programs to achieve those goals. Specifically, the Board performs the following functions:
(a)Makes recommendations concerning the appointment of the Director and the staff of the Institute;
(b)provides independent advice on operation of the Institute; and
(c)receives reports from the Interagency Group and the Institute's Director. The purpose of this meeting is to discuss the Institute's future and current program priorities; status of on-going Institute work; other relevant literacy activities and issues; and other Board business as necessary. On June 11, 2008 from 8:30 a.m. to 9:30 a.m., the Board will meet in closed session to discuss personnel issues related to the Institute's Director position. The discussion is likely to disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personnel privacy. The discussion must therefore be held in closed session under exemptions 2 and 6 of the Government in the Sunshine Act, 5 U.S.C. 552b(c)(2) and (6). A summary of the activities at the closed session and related matters that are informative to the public and consistent with the policy of 5 U.S.C. 552b will be available to the public within 14 days of the meeting. Individuals who will need accommodations for a disability in order to attend the meeting ( *e.g.* , interpreting services, assistance listening devices, or materials in alternative format) should notify Steve Langley at 202-233-2025 no later than June 4, 2008. We will attempt to meet requests for accommodations after this date but cannot guarantee their availability. The meeting site is accessible to individuals with disabilities. *Request for Public Written Comment* . The public may send written comments to the Advisory Board no later than 5 p.m. on June 4, 2008, to Steve Langley at the National Institute for Literacy, 1775 I St., NW., Suite 730, Washington, DC 20006, e-mail: *slangley@nifl.gov* . Records are kept of all Committee proceedings and are available for public inspection at the National Institute for Literacy, 1775 I St., NW., Suite 730, Washington, DC 20006, from the hours of 9 a.m. to 5 p.m., Eastern Time Monday through Friday. *Electronic Access to This Document:* You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *www.ed.gov/news/federegister* . To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *www.gpoaccess.gov/nara/index.html* . Dated: May 20, 2008. Sandra Baxter, Director, The National Institute for Literacy. [FR Doc. E8-11707 Filed 5-23-08; 8:45 am] BILLING CODE 6055-01-P NATIONAL SCIENCE FOUNDATION Notice of Intent To Seek Approval To Extend Without Revision a Current Information Collection AGENCY: National Science Foundation. ACTION: Notice and request for comments. SUMMARY: The National Science Foundation
(NSF)is announcing plans to request renewal of this collection. In accordance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), we are providing opportunity for public comment on this action. After obtaining and considering public comment, NSF will prepare the submission requesting that OMB approve clearance of this collection for no longer than 3 years. DATES: Written comments on this notice must be received by July 28, 2008 to be assured of consideration. Comments received after that date will be considered to the extent practicable. *For Additional Information or Comments:* Contact Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Boulevard, Suite 295, Arlington, Virginia 22230; telephone 703-292-7556; or send e-mail to *splimpto@nsf.gov* . You also may obtain a copy of the data collection instrument and instructions from Ms. Plimpton. SUPPLEMENTARY INFORMATION: *Title of Collection:* Fellowship Applications and Award Forms. *OMB Approval Number:* 3145-0023. *Expiration Date of Approval:* August 31, 2008. *Type of Request:* Intent to seek approval to extend without revision an information collection for three years. Abstract Section 10 of the National Science Foundation Act of 1950 (42 U.S.C. 1861 *et seq.* ), as amended, states that “The Foundation is authorized to award, within the limits of funds made available * * * scholarships and graduate fellowships for scientific study or scientific work in the mathematical physical, medical, biological, engineering, social, and other sciences at appropriate nonprofit American or nonprofit foreign institutions selected by the recipient of such aid, for stated periods of time.” The Foundation Fellowship Programs are designed to meet the following objectives: • To assure that some of the Nation's most talented students in the sciences obtain the education necessary to become creative and productive scientific researchers. • To train or upgrade advanced scientific personnel to enhance their abilities as teachers and researchers. • To promote graduate education in the sciences, mathematics, and engineering at institutions that have traditionally served ethnic minorities. • To encourage pursuit of advanced science degrees by students who are members of ethnic groups traditionally under-represented in the Nation's advanced science personnel pool. The list of fellowship award programs sponsored by the Foundation may be found via FastLane through the NSF Web site: *http://www.fastlane.nsf.gov* . *Estimate of Burden:* These are annual award programs with application deadlines varying according to the fellowship program. Public burden may also vary according to program, however it is estimated that each submission is averaged to be 12 hours per respondent. *Respondents:* Individuals. *Estimated Number of Responses:* 5,000. *Estimated Total Annual Burden on Respondents:* 60,000 hours. *Frequency of Responses:* Annually. *Comments:* Comments are invited on
(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information shall have practical utility;
(b)the accuracy of the Agency's estimate of the burden of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information on respondents, including through the use of automated collection techniques or other forms of information technology;
(d)ways to 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. Dated: May 21, 2008. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation. [FR Doc. E8-11710 Filed 5-23-08; 8:45 am] BILLING CODE 7555-01-P NATIONAL SCIENCE FOUNDATION Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978 (Pub. L. 95-541) AGENCY: National Science Foundation. ACTION: Notice of Permit Applications Received under the Antarctic Conservation Act of 1978, Public Law 95-541. SUMMARY: The National Science Foundation
(NSF)is required to publish notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at Title 45 Part 670 of the Code of Federal Regulations. This is the required notice of permit applications received. DATES: Interested parties are invited to submit written data, comments, or views with respect to this permit application by June 26, 2008. This application may be inspected by interested parties at the Permit Office, address below. ADDRESSES: Comments should be addressed to Permit Office, Room 755, Office of Polar Programs, National Science Foundation, 4201 Wilson Boulevard, Arlington, Virginia 22230. FOR FURTHER INFORMATION CONTACT: Nadene G. Kennedy at the above address or
(703)292-7405. SUPPLEMENTARY INFORMATION: The National Science Foundation, as directed by the Antarctic Conservation Act of 1978 (Pub. L. 95-541), as amended by the Antarctic Science, Tourism and Conservation Act of 1996, has developed regulations for the establishment of a permit system for various activities in Antarctica and designation of certain animals and certain geographic areas a requiring special protection. The regulations establish such a permit system to designate Antarctic Specially Protected Areas. The applications received are as follows: 1. *Applicant:* Terrie M. Williams, COH-Long Lab, University of California, Santa Cruz, 100 Shaffer Road, Santa Cruz, CA 95060. Permit Application No. 2009-005. *Activity for Which Permit is Requested:* Take and Import into the USA. The applicant plans to capture up to 50 non-pregnant adult Weddell Seals each season over the course of 2 years. The seals will be weighed, measured, sedated to attach instruments and collect blood and tissue samples, then released. The samples and measurements will be used to determine how hunting behavior, prey preference and foraging of Weddell seals changes during periods of decreasing and increasing photoperiod (autumn and spring) and the extended period of winter darkness (mid-May to early August). *Location:* McMurdo Sound. *Dates:* August 1, 2008 to December 30, 2011. Nadene G. Kennedy, Permit Officer, Office of Polar Programs. [FR Doc. E8-11817 Filed 5-23-08; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION Draft Regulatory Guide: Issuance, Availability AGENCY: Nuclear Regulatory Commission. ACTION: Notice of issuance and availability of Draft Regulatory Guide (DG)-1175. FOR FURTHER INFORMATION CONTACT: Ching H. Ng, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone:
(301)415-8054 or e-mail *Ching.Ng@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission
(NRC)has issued for public comment a draft guide in the agency's “Regulatory Guide” series. This series was developed to describe and make available to the public such information as methods that are acceptable to the NRC staff for implementing specific parts of the NRC's regulations, techniques that the staff uses in evaluating technical information related to specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. The draft regulatory guide, entitled, “Seismic Qualification of Electric and Active Mechanical Equipment and Functional Qualification of Active Mechanical Equipment for Nuclear Power Plants,” is temporarily identified by its task number, DG-1175, which should be mentioned in all related correspondence. The NRC issued Revision 2 of Regulatory Guide 1.100, titled “Seismic Qualification of Electric and Mechanical Equipment for Nuclear Power Plants,” in June 1988. With a few exceptions and clarifications, it endorsed the Institute of Electrical and Electronics Engineers
(IEEE)Std 344-1987, “IEEE Recommended Practice for Seismic Qualification of Class 1E Equipment for Nuclear Power Generating Stations,” and extended the application of that standard to the seismic qualification of mechanical equipment. In extending the application of IEEE Std 344-1987 to mechanical equipment, the NRC staff recognized differences in seismic qualification methods for electric equipment (including instrumentation and control (I&C) components) and mechanical equipment. Specifically, Revision 2 of Regulatory Guide 1.100 stated that seismic qualification of mechanical equipment by analysis is permitted when such equipment can be modeled to adequately predict its response. The IEEE has updated IEEE Std 344-1987 and issued it as IEEE Std 344-2004 in June 2005. Revision 2 also stated that the American Society of Mechanical Engineers
(ASME)was developing a standard for seismic qualification of mechanical equipment and, upon publication of that standard, the NRC staff would review it for suitability for endorsement by a revision of Regulatory Guide 1.100. In 1994, the ASME issued a standard, ASME QME-1-1994, “Qualification of Active Mechanical Equipment Used in Nuclear Power Plants.” The ASME QME-1 covers both seismic qualification and functional qualification of active mechanical equipment. The ASME subsequently revised and reissued the standard in 1997, 2000, and 2002, with the last revision issued in November 2007 as ASME QME-1-2007. This is the first time the NRC is endorsing ASME QME-1. The NRC developed this regulatory guide (i.e., Revision 3) to endorse, with exceptions and clarifications, IEEE Std 344-2004 and ASME QME-1-2007. Specifically, Regulatory Position C.1 of this regulatory guide endorses, with exceptions and clarifications, the entire IEEE Std 344-2004 and Section QR, “General Requirements,” and Nonmandatory Appendix QR-A, “Seismic Qualification of Active Mechanical Equipment,” of ASME QME-1-2007 for the seismic qualification of electric and active mechanical equipment, respectively. Position C.2 of this regulatory guide endorses, with exceptions and clarifications, Section QR and the remaining sections of ASME QME-1-2007 (except Nonmandatory Appendix QR-A) for the functional qualification of active mechanical equipment. II. Further Information The NRC staff is soliciting comments on DG-1175. Comments may be accompanied by relevant information or supporting data, and should mention DG-1175 in the subject line. Comments submitted in writing or in electronic form will be made available to the public in their entirety through the NRC's Agencywide Documents Access and Management System (ADAMS). Personal information will not be removed from your comments. You may submit comments by any of the following methods: 1. *Mail comments to:* Rulemaking, Directives, and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. 2. *E-mail comments to: NRCREP@nrc.gov* . 3. *Hand-deliver comments to:* Rulemaking, Directives, and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays. 4. *Fax comments to:* Rulemaking, Directives, and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission at
(301)415-5144. Requests for technical information about DG-1175 may be directed to the NRC Program Manager, Ching H. Ng at
(301)415-8054 or by e-mail at *Ching.Ng@nrc.gov* . Comments would be most helpful if received by July 11, 2008. Comments received after that date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Although a time limit is given, comments and suggestions in connection with items for inclusion in guides currently being developed or improvements in all published guides are encouraged at any time. Electronic copies of DG-1175 are available through the NRC's public Web site under Draft Regulatory Guides in the “Regulatory Guides” collection of the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/doc-collections/* . Electronic copies are also available in ADAMS ( *http://www.nrc.gov/reading-rm/adams.html* ), under Accession No. ML072620346. In addition, regulatory guides are available for inspection at the NRC's Public Document Room (PDR), which is located at 11555 Rockville Pike, Rockville, Maryland. The PDR's mailing address is USNRC PDR, Washington, DC 20555-0001. The PDR can also be reached by telephone at
(301)415-4737 or
(800)397-4205, by fax at
(301)415-3548, and by e-mail to *PDR@nrc.gov* . Regulatory guides are not copyrighted, and Commission approval is not required to reproduce them. Dated at Rockville, Maryland, this 20 day of May, 2008. For the Nuclear Regulatory Commission. Andrea D. Valentin, Chief, Regulatory Guide Development Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. E8-11748 Filed 5-23-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-282 and 50-306] Nuclear Management Company, LLC; Correction to Notice of Receipt and Availability of Application for Renewal of Prairie Island Nuclear Generating Plant, Units 1 and 2. Facility Operating Licenses Nos. DPR-42 and DPR-60, for an Additional 20-Year Period This notice provides corrections to the “Notice of Receipt and Availability of Application for Renewal of Prairie Island Nuclear Generating Plant, Units 1 and 2 Facility Operating Licenses Nos. DPR-42 and DPR-60 for an Additional 20-Year Period,” published on May 6, 2008, in the **Federal Register** on page 25034 (73 FR 25034). Corrections 1. Paragraph 1 should read as follows: “The U.S. Nuclear Regulatory Commission (NRC or Commission) has received an application, dated April 11, 2008, from Nuclear Management Company, LLC, filed pursuant to Section 104b of the Atomic Energy Act of 1954, as amended, and Title 10 of the Code of Federal Regulations Part 54 (10 CFR part 54), to renew the operating license for the Prairie Island Nuclear Generating Plant, Units 1 and 2 (PINGP). Renewal of the licenses would authorize the applicant to operate the facilities for an additional 20-year period beyond the period specified in the current operating licenses. The current operating licenses for PINGP (DPR-42 and DPR-60) expire on August 09, 2013, and October 29, 2014, respectively. PINGP, Units 1 and 2, are pressurized-water reactors designed by Westinghouse that are located 28 miles Southeast of Minneapolis, MN. The acceptability of the tendered application for docketing, and other matters including an opportunity to request a hearing, will be the subject of subsequent **Federal Register** notices.” 2. Paragraph 2 should read as follows: “Copies of the application are available to the public at the Commission's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852 or through the internet from the NRC's Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room under Accession Number ML081130663. The ADAMS Public Electronic Reading Room is accessible from the NRC Web site at *http://www.nrc.gov/reading-rm/adams.html* . In addition, the application is available at *http://www.nrc.gov/reactors/operating/licensing/renewal/applications.html* . Persons who do not have access to the internet or who encounter problems in accessing the documents located in ADAMS should contact the NRC's PDR reference staff at 1-800-397-4209, extension 4737, or by e-mail at *pdr@nrc.gov* .” Dated at Rockville, Maryland, this 19th day of May, 2008. For the Nuclear Regulatory Commission. Samson Lee, Acting Director, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. E8-11750 Filed 5-23-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-83] The University of Florida; Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of the University of Florida Training Reactor, Facility Operating License No. R-56, for an Additional 20-Year Period The Nuclear Regulatory Commission (NRC or the Commission) is considering an application for the renewal of Facility Operating License No. R-56, which authorizes the University of Florida (the licensee) to operate the University of Florida Training Reactor
(UFTR)at 100 kilowatts thermal power. The renewed license would authorize the licensee to operate the UFTR for an additional 20 years from the date of issuance. On July 18, 2002, the Commission's staff received an application from the University of Florida filed pursuant to 10 CFR Part 50.51(a), to renew Facility Operating License No. R-56 for the UFTR. Because the license renewal application was filed in a timely manner in accordance with 10 CFR 2.109, the license will not be deemed to have expired until the license renewal application has been finally determined. Based on its initial review of the application, the Commission's staff determined that the University of Florida submitted sufficient information in accordance with 10 CFR 50.33 and 50.34 that the application is acceptable for docketing. The current Docket No. 50-83 for Facility Operating License No. R-56 will be retained. The docketing of the renewal application does not preclude requests for additional information as the review proceeds, nor does it predict whether the Commission will grant or deny the application. Prior to a decision to renew the license, the Commission will make findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations. Within 60 days after the date of publication of this notice any person(s) whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request via electronic submission through the NRC E-filing system for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's “Rules of Practice for Domestic Licensing Proceedings” in 10 CFR part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/doc-collections/cfr/* . If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner/requestor in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements:
(1)The name, address and telephone number of the requestor or petitioner;
(2)the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding;
(3)the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and
(4)the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner/requestor to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. A request for hearing or a petition for leave to intervene must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR 49139). The E-Filing process requires participants to submit and serve documents over the Internet or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least ten
(10)days prior to the filing deadline, the petitioner/requestor must contact the Office of the Secretary by e-mail at *hearingdocket@nrc.gov* , or by calling
(301)415-1677, to request
(1)a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or
(2)creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each petitioner/requestor will need to download the Workplace Forms Viewer TM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer TM is free and is available at *http://www.nrc.gov/site-help/e-submittals/install-viewer.html* . Information about applying for a digital ID certificate is available on NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html* . Once a petitioner/requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format
(PDF)in accordance with NRC guidance available on the NRC public Web site at *http://www.nrc.gov/site-help/e-submittals.html* . A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the “Contact Us” link located on the NRC Web site at *http://www.nrc.gov/site-help/e-submittals.html* or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is
(800)397-4209 or locally,
(301)415-4737. Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by:
(1)First-class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or
(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later than 11:59 p.m. Eastern Time on the due date. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHD_Proceeding/home.asp* , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as Social Security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submissions. Detailed guidance which the NRC uses to review applications for the renewal of non-power reactor licenses can be found in the document NUREG-1537, entitled “Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors,” can be obtained from the Commission's PDR. The NRC maintains an Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The detailed review guidance (NUREG-1537) may be accessed through the NRC's Public Electronic Reading Room on the Internet at *http://www.nrc.gov/reading-rm/adams.html* under ADAMS Accession No. ML042430055 for part one and ML042430048 for part two. Copies of the application to renew the facility license for the licensee are available for public inspection at the Commission's PDR, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852-2738. The initial application and other related documents may be accessed through the NRC's Public Electronic Reading Room, at the address mentioned above, under ADAMS Accession Nos. ML022130145, ML022130185, ML022130244, ML022130140, ML081340724 (Redacted Version), and ML081350571 (Redacted Version). Persons who do not have access to ADAMS, or have problems accessing the documents located in ADAMS, may contact the NRC Public Document Room Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov* . Dated at Rockville, Maryland, this 19th day of May, 2008. For the Nuclear Regulatory Commission. Daniel S. Collins, Chief, Research and Test Reactors Branch A, Division of Policy and Rulemaking, Office of Nuclear Reactor Regulation. [FR Doc. E8-11768 Filed 5-23-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Office of New Reactors; Notice of Availability of the Final Interim Staff Guidance DC/COL-ISG-01 on Seismic Issues Associated With High Frequency Ground Motion AGENCY: Nuclear Regulatory Commission (NRC). ACTION: Notice of availability. SUMMARY: The NRC is issuing its Final Interim Staff Guidance
(ISG)DC/COL-ISG-01. This DC/COL-ISG provides guidance on Seismic Issues associated with High Frequency
(HF)Ground Motion for Design Certification
(DC)and Combined License
(COL)applicants. Moreover, this COL/DC-ISG describes how the staff will review seismic issues associated with HF ground motion as addressed in DC applications and COL applications. *Disposition:* The draft form of the ISG was published for public comments on August 16, 2007 (ML072200566). The staff received industry comments dated September 12, 2007. This revised version incorporated changes resulting from the disposition of the industry comments and as a result of discussions at the December 20, 2007 and the February 13, 2008 meetings (ML080560592). The NRC staff issues DC/COL-ISGs to facilitate timely implementation of the current staff guidance and to facilitate activities associated with review of applications for DC and COLs by the Office of New Reactors. The NRC staff will also incorporate the approved DC/COL-ISGs into the next revision of review guidance documents used by the Office of New Reactors. ADDRESSES: The NRC maintains an Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRC's public documents. These documents may be accessed through the NRC's Public Electronic Reading Room on the Internet at *http://www.nrc.gov/reading-rm/adams.html* . Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC Public Document Room
(PDR)reference staff at 1-800-397-4209, 301-415-4737, or by e-mail at *pdr@nrc.gov* . FOR FURTHER INFORMATION CONTACT: Ms. Rebecca L. Karas, Branch Chief, Geoscience and Geotechnical Engineering Branch 1, Division of Site and Environmental Reviews, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone 301-415-7533 or e-mail at *rebecca.karas@nrc.gov* . Mr. Sujit K. Samaddar, Branch Chief, Structural Engineering Branch 2, Division of Engineering, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone 301-415-3309 or e-mail at *sujit.samaddar@nrc.gov* . SUPPLEMENTARY INFORMATION: The agency posts its issued staff guidance in the agency external Web page ( *http://www.nrc.gov/reading-rm/doc-collections/isg/* ) (ML081400293). Dated at Rockville, Maryland, this 19th day of May 2008. For the Nuclear Regulatory Commission, William D. Reckley, Chief, Rulemaking, Guidance and Advanced Reactor Branch, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. E8-11786 Filed 5-23-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 40-8943] Notice of Opportunity for Hearing, Crow Butte Resources, Inc., Crawford, NE, In Situ Leach Recovery Facility, and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information (SUNSI) for Contention Preparation AGENCY: Nuclear Regulatory Commission. ACTION: Notice of license amendment, and opportunity to request a hearing. DATES: A request for a hearing must be filed by July 28, 2008. FOR FURTHER INFORMATION CONTACT: Stephen J. Cohen, Project Manager, Uranium Recovery Licensing Branch, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone:
(301)415-7182; fax number:
(301)415-5369; e-mail: *stephen.cohen@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission
(NRC)has received, by letter dated November 27, 2007, a license amendment application from Crow Butte Resources, Inc. (CBR), requesting renewal of its Source Materials License for its in situ leach
(ISL)uranium recovery facility located in Crawford, Nebraska. License No. SUA-1534 authorizes the licensee to operate an ISL uranium recovery facility to produce yellowcake. Specifically, the application requests that NRC renew CBR's current license for a standard 10-year period. An NRC administrative review, documented in a letter to CBR dated March 28, 2008, found the application acceptable to begin a technical review. If the NRC approves the renewal request, the approval will be documented in an amendment to NRC License No. SUA-1534. However, before approving the proposed amendment, the NRC will need to make the findings required by the Atomic Energy Act of 1954, as amended (the Act), and NRC's regulations. These findings will be reflected in a Safety Evaluation Report and in a separate environmental review document. This license renewal application contains Sensitive Unclassified Non-Safeguards Information (SUNSI) in the form of cultural and historic resource information. II. Opportunity To Request a Hearing The NRC hereby provides notice that this is a proceeding on an application for a license amendment regarding renewal of Source Materials License No. SUA-1534 issued to Crow Butte Resources for its ISL uranium recovery facility in Crawford, Nebraska. Any person whose interest may be affected by this proceeding, and who desires to participate as a party, must file a request for a hearing and a specification of the contentions which the person seeks to have litigated in the hearing, in accordance with the NRC E-Filing rule, which the NRC promulgated in August, 2007, 72 FR 49139 (August 28, 2007). The E-Filing rule requires participants to submit and serve documents over the Internet, or in some cases, to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least ten
(10)days prior to the filing deadline, the petitioner/requestor must contact the Office of the Secretary by e-mail at *hearingdocket@nrc.gov* , or by calling
(301)415-1677, to request:
(1)A digital Identification
(ID)certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or
(2)creation of an electronic docket for the proceeding (even in instances in which the petitioner/requester (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each petitioner/requester will need to download the Workplace Forms Viewer TM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer TM is free and is available at *http://www.nrc.gov/site-help/e-submittals/install-viewer.html* . Information about applying for a digital ID certificate is available on NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html* . Once a petitioner/requester has obtained a digital ID certificate, has a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format
(PDF)in accordance with NRC guidance available on the NRC public Web site at *http://www.nrc.gov/site-help/e-submittals.html* . A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the “Contact Us” link located on the NRC Web site at *http://www.nrc.gov/site-help/e-submittals.html* , or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is
(800)397-4209 or locally,
(301)415-4737. Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by:
(1)First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or
(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later than 11:59 p.m. Eastern Time on the due date. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHD_Proceeding/home.asp* , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include social security numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. The formal requirements for documents contained in 10 CFR 2.304(c)-(e) must be met. If the NRC grants an electronic document exemption in accordance with 10 CFR 2.302(g)(3), then the requirements for paper documents, set forth in 10 CFR 2.304(b) must be met. In accordance with 10 CFR 2.309(b), a request for a hearing must be filed by July 28, 2008. In addition to meeting other applicable requirements of 10 CFR 2.309, the general requirements involving a request for a hearing filed by a person other than an applicant must state: 1. The name, address, and telephone number of the requester; 2. The nature of the requester's right under the Act to be made a party to the proceeding; 3. The nature and extent of the requester's property, financial or other interest in the proceeding; 4. The possible effect of any decision or order that may be issued in the proceeding on the requester's interest; and 5. The circumstances establishing that the request for a hearing is timely in accordance with 10 CFR 2.309(b). In accordance with 10 CFR 2.309(f)(1), a request for hearing or petitions for leave to intervene must set forth with particularity the contentions sought to be raised. For each contention, the request or petition must: 1. Provide a specific statement of the issue of law or fact to be raised or controverted; 2. Provide a brief explanation of the basis for the contention; 3. Demonstrate that the issue raised in the contention is within the scope of the proceeding; 4. Demonstrate that the issue raised in the contention is material to the findings that the NRC must make to support the action that is involved in the proceeding; 5. Provide a concise statement of the alleged facts or expert opinions which support the requester's/petitioner's position on the issue and on which the requester/petitioner intends to rely to support its position on the issue; and 6. Provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. This information must include references to specific portions of the application (including the applicant's environmental report and safety report) that the requester/petitioner disputes and the supporting reasons for each dispute, or, if the requester/petitioner believes the application fails to contain information on a relevant matter as required by law, the identification of each failure and the supporting reasons for the requester's/petitioner's belief. In addition, in accordance with 10 CFR 2.309(f)(2), contentions must be based on documents or other information available at the time the petition is to be filed, such as the application, supporting safety analysis report, environmental report or other supporting document filed by an applicant or licensee, or otherwise available to the petitioner. On issues arising under the National Environmental Policy Act, the requester/petitioner shall file contentions based on the applicant's environmental report. The requester/petitioner may amend those contentions or file new contentions if there are data or conclusions in the NRC draft, or final environmental impact statement, environmental assessment, or any supplements relating thereto, that differ significantly from the data or conclusions in the applicant's documents. Otherwise, contentions may be amended or new contentions filed after the initial filing only with leave of the presiding officer. Each contention shall be given a separate numeric or alpha designation within one of the following groups: 1. Technical—primarily concerns issues relating to matters discussed or referenced in the Safety Evaluation Report for the proposed action. 2. Environmental—primarily concerns issues relating to matters discussed or referenced in the Environmental Report for the proposed action. 3. Miscellaneous—does not fall into one of the categories outlined above. If the requester/petitioner believes a contention raises issues that cannot be classified as primarily falling into one of these categories, the requester/petitioner must set forth the contention and supporting bases, in full, separately for each category into which the requester/petitioner asserts the contention belongs with a separate designation for that category. Requesters/petitioners should, when possible, consult with each other in preparing contentions and combine similar subject matter concerns into a joint contention, for which one of the co-sponsoring requesters/petitioners is designated the lead representative. Further, in accordance with 10 CFR 2.309(f)(3), any requester/petitioner that wishes to adopt a contention proposed by another requester/petitioner must do so, in accordance with the E-Filing rule, within ten days of the date the contention is filed, and designate a representative who shall have the authority to act for the requester/petitioner. In accordance with 10 CFR 2.309(g), a request for hearing and/or petition for leave to intervene may also address the selection of the hearing procedures, taking into account the provisions of 10 CFR 2.310. III. Further Information Documents related to this action, including the application for amendment and supporting documentation, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html* . From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The ADAMS accession numbers for the documents related to this notice are: Request for License Renewal Transmittal Letter (ML073470645), License Renewal Application (combined technical and environmental reports), Part 1 (ML073480266), License Renewal Application (combined technical and environmental reports), Part 2 (ML073480267), and the acceptance review letter dated March 28, 2008 (ML080720341). If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room
(PDR)Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to *pdr@nrc.gov* . These documents may also be viewed electronically on the public computers located at the NRC's Public Document Room (PDR), O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information (SUNSI) for Contention Preparation 1. This order contains instructions regarding how potential parties to this proceeding may request access to documents containing sensitive unclassified information. 2. Within ten
(10)days after publication of this notice of opportunity for hearing any potential party as defined in 10 CFR 2.4 who believes access to SUNSI is necessary for a response to the notice may request access to such information. A “potential party” is any person who intends or may intend to participate as a party by demonstrating standing and the filing of an admissible contention under 10 CFR 2.309. Requests submitted later than ten
(10)days will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier. 3. The requester shall submit a letter requesting permission to access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to the Associate General Counsel for Hearings, Enforcement and Administration, Office of the General Counsel, Washington, DC 20555-0001. The expedited delivery or courier mail address for both offices is U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, MD 20852. The e-mail address for the Office of the Secretary and the Office of the General Counsel are *HearingDocket@nrc.gov* and *OGCmail@nrc.gov* , respectively 1 . The request must include the following information: 1 See footnote 4. While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC's “E-Filing Rule,” the initial request to access SUNSI under these procedures should be submitted as described in this paragraph. a. A description of the licensing action with a citation to this **Federal Register** notice of opportunity for hearing]; b. The name and address of the potential party and a description of the potential party's particularized interest that could be harmed, if the licensing action is taken; c. The identity of the individual requesting access to SUNSI and the requester's need for the information in order to meaningfully participate in this adjudicatory proceeding, particularly why publicly available versions of the application would not be sufficient to provide the basis and specificity for a proffered contention; 4. Based on an evaluation of the information submitted under items 2 and 3.a through 3.c, above, the NRC staff will determine within ten days of receipt of the written access request whether
(1)there is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding, and
(2)there is a legitimate need for access to SUNSI. 5. A request for access to SUNSI will be granted if: a. The request has demonstrated that there is a reasonable basis to believe that a potential party is likely to establish standing to intervene or to otherwise participate as a party in this proceeding; b. The proposed recipient of the information has demonstrated a need for SUNSI; c. The proposed recipient of the information has executed a Non-Disclosure Agreement or Affidavit and agrees to be bound by the terms of a Protective Order setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI; and d. The presiding officer has issued a protective order concerning the information or documents requested. 2 Any protective order issued shall provide that the petitioner must file SUNSI contentions 25 days after receipt of (or access to) that information. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. 2 If a presiding officer has not yet been designated, the Chief Administrative Judge will issue such orders, or will appoint a presiding officer to do so. 6. If the request for access to SUNSI is granted, the terms and conditions for access to such information will be set forth in a draft protective order and affidavit of non-disclosure appended to a joint motion by the NRC staff, any other affected parties to this proceeding, 3 and the petitioner(s). If the diligent efforts by the relevant parties or petitioner(s) fail to result in an agreement on the terms and conditions for a draft protective order or non-disclosure affidavit, the relevant parties to the proceeding or the petitioner(s) should notify the presiding officer within five
(5)days, describing the obstacles to the agreement. 3 Parties/persons other than the requester and the NRC staff will be notified by the NRC staff of a favorable access determination (and may participate in the development of such a motion and protective order) if it concerns SUNSI and if the party/person's interest independent of the proceeding would be harmed by the release of the information (e.g., as with proprietary information). 7. If the request for access to SUNSI is denied by the NRC staff after a determination on standing, the NRC staff shall briefly state the reasons for the denial. Before the Office of Administration makes an adverse determination regarding access, the proposed recipient must be provided an opportunity to correct or explain information. The requester may challenge the NRC staff's adverse determination with respect to access to SUNSI or with respect to standing, by filing a challenge within five
(5)days of receipt of that determination with
(a)the presiding officer designated in this proceeding;
(b)if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an administrative law judge with jurisdiction pursuant to § 2.318(a); or
(c)if another officer has been designated to rule on information access issues, with that officer. In the same manner, a party other than the requester may challenge an NRC staff determination granting access to SUNSI whose release would harm that party's interest independent of the proceeding. Such a challenge must be filed within five
(5)days of the notification by the NRC staff of its grant of such a request. If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether granting or denying access) is governed by 10 CFR 2.311. 4 4 As of October 15, 2007, the NRC's final “E-Filing Rule” became effective. See Use of Electronic Submissions in Agency Hearings (72 FR 49139; Aug. 28, 2007). Requesters should note that the filing requirements of that rule apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI requests submitted to the NRC staff under these procedures. 8. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those petitioners who have standing and who have propounded contentions meeting the specificity and basis requirements in 10 CFR part 2. A suggested schedule is provided as Attachment 1 to this order. Dated at Rockville, Maryland, this 20th day of May 2008. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. Attachment 1.—General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information (SUNSI) Day Event 0 Publication of [ Federal Register notice/other notice of proposed action and opportunity for hearing], including order with instructions for access requests. 10 Deadline for submitting requests for access to SUNSI with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; demonstrating that access should be granted. [20, 30 or 60] Deadline for submitting petition for intervention containing:
(i)Demonstration of standing;
(ii)all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 20 NRC staff informs the requester of the staff's determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information. If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). 25 If NRC staff finds no “need,” “need to know,” or likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff's denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds “need” for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff's grant of access. 30 Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. 190 (Receipt +180) If NRC staff finds standing and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-disclosure Affidavit. Note: Before the Office of Administration makes an adverse determination regarding access, the proposed recipient must be provided an opportunity to correct or explain information. 205 Deadline for petitioner to seek reversal of a final adverse NRC staff determination either before the presiding officer or another designated officer. A If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A+3 Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. A+28 Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. A+53 (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A+60 (Answer receipt +7) Petitioner/Intervenor reply to answers. B Decision on contention admission. [FR Doc. E8-11724 Filed 5-23-08; 8:45 am] BILLING CODE 7590-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57836; File No. SR-CBOE-2008-54] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change Related to Sponsored Users May 19, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on May 12, 2008, Chicago Board Options Exchange, Incorporated (“CBOE” or the “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II and III below, which Items have been prepared substantially by CBOE. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend CBOE Rule 6.20A, *Sponsored Users,* to permit Sponsored User access to all products traded on CBOE. The text of the proposed rule change is available at *http://www.cboe.org/Legal,* the principal offices of the Exchange, and the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, CBOE included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. CBOE has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose CBOE is proposing to amend CBOE Rule 6.20A, *Sponsored Users,* which governs electronic access for the entry and execution of orders by Sponsored Users with authorized access and the applicable requirements that Sponsored Users and Sponsoring Members are required to satisfy in order to engage in a Sponsoring Member/Sponsored User relationship. Under the current Rule, the Sponsored User program is only applicable to CBOE's FLEX Hybrid Trading System (“FLEX”) and the CBOE Stock Exchange (“CBSX”) facility. Thus, currently a “Sponsored User” is defined as a person or entity that has entered into a sponsorship arrangement with a Sponsoring Member for purposes of receiving electronic access to FLEX and CBSX. CBOE is proposing to expand the rule to permit electronic access for the entry and execution of orders by Sponsored Users with authorized access to all other products traded on CBOE. CBOE Rule 6.20A will apply to Sponsored Users with authorized access to all other products traded on CBOE in the same manner as it is currently applied to Sponsored Users with authorized access to FLEX and CBSX. Sponsored User access to CBOE will also be conditioned on the same requirements that are currently applied to Sponsored Users on FLEX and CBSX. Unlike the number of Sponsored Users for FLEX and CBSX, which can be unlimited, with respect to all other products trading on CBOE, this filing proposes that the number of Sponsored Users with such electronic access to CBOE be limited to a total of 15 persons/entities 3 (hereinafter referred to as “Sponsored User Slots”). 3 For purposes of CBOE Rule 6.20A, a “Sponsored User” would now be defined as a person or entity that has entered into a sponsorship arrangement with a Sponsoring Member for purposes of receiving electronic access to the facilities and products specified in the Rule (referred to as the “Exchange System(s”)), which would now include the products traded on the FLEX Hybrid Trading System, CBOE and CBSX. *See* proposed changes to Rule 6.20A(a) and proposed Interpretation and Policy .01 to Rule 6.20A. Sponsored User applications for the CBOE Sponsored User Slots shall be submitted to the Exchange's Membership Department and will be processed in the order they are received on a time-stamped basis. Sponsored User applications may be submitted by hand-delivery, e-mail, or facsimile. For applications received via e-mail or facsimile, the time-stamp will be the time the e-mail/facsimile is received by the Membership Department. If there are more applicants than Sponsored User Slots, the Exchange will maintain a waitlist and use a First In, First Out (“FIFO”) method for filling the Sponsored User Slots. In the event a Sponsored User application is determined by the Membership Department to be incomplete, 4 the application will not be considered to have been submitted under the FIFO method until a completed application is submitted. The Exchange will issue a circular providing notice as to when the Exchange will begin accepting applications for the 15 Sponsored User Slots and will detail how the applications may be submitted to the Exchange's Membership Department. Lastly, the Exchange notes that persons (or entities) aggrieved in an economic sense by Exchange actions, including actions taken with respect to the Sponsored User Slots, may apply for an opportunity to be heard and have the complained-of action reviewed in accordance with Chapter XIX, Hearings and Review. 4 For example, an application would be considered incomplete if a Sponsoring Member has not agreed to sponsor the Sponsored User applicant's electronic access to CBOE. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Act 5 in general and furthers the objectives of Section 6(b)(5) 6 in particular in that the proposal is designed to remove impediments to and perfect the mechanisms of a free and open market and a national market system, and, in general, protect investors and the public interest. 5 15 U.S.C. 78f(b). 6 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition CBOE does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding, or
(ii)as to which CBOE consents, the Commission will:
(A)By order approve such proposed rule change; or
(B)Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-CBOE-2008-54 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-CBOE-2008-54. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of CBOE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make publicly available. All submissions should refer to File Number SR-CBOE-2008-54 and should be submitted on or before June 17, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 7 7 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-11702 Filed 5-23-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57837; File No. SR-CBOE-2008-46] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related To the Hybrid Agency Liaison May 20, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on May 15, 2008, the Chicago Board Options Exchange, Incorporated (“CBOE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by CBOE. The Exchange filed the proposal as a “non-controversial” proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(iii). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to modify Rule 6.14, *Hybrid Agency Liaison (“HAL”),* so that the Exchange may determine on a class-by-class basis to permit electronic exposure of HAL orders to all CBOE members to give additional opportunities to provide the orders with the best price. The text of the proposed rule change is available on the Exchange's Web site ( *http://www.cboe.org/Legal* ), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, CBOE included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose In classes where HAL is activated, HAL automatically upon receipt processes market and limit orders if:
(i)The market orders or limit orders are marketable against the Exchange's disseminated quotation while that quotation is not at the national best bid or offer (“NBBO”);
(ii)the limit orders would improve the Exchange's disseminated quotation and are marketable against quotations disseminated by other exchanges participating in the Intermarket Options Linkage (“Linkage”); and
(iii)for Hybrid 3.0 classes, the limit orders would improve the Exchange's disseminated quotation, except when the disseminated quotation is represented by a manual quote, in which case the limit order will automatically route to the electronic book instead of being processed by HAL, and the manual quote will be cancelled. 5 5 *See* Rule 6.14(a). When these circumstances occur, orders that are received by HAL are immediately upon receipt electronically exposed to all Market-Makers appointed to the relevant option class, as well as all members acting as agent for orders at the top of the Exchange's book (“Qualifying Members”) in the relevant series. 6 At the conclusion of the HAL process: 6 The orders are exposed for a period determined by the Exchange on a class-by-class basis, which period shall not exceed 1.5 seconds. If a Market-Maker or Qualifying Member (on behalf of the order it is representing) commits to trade with any portion of the order during the exposure period, then the exposure period will end, and an allocation period will begin. The allocation period is determined by the Exchange on a class-by-class basis and, when combined with the designated exposure period (as opposed to an exposure period that is terminated early), shall not exceed a total of 3 seconds. *See* Rule 6.14(b). • The order will be filled in accordance with the allocation algorithm in effect for the class pursuant to Rule 6.45A, *Priority and Allocation of Equity Option Trades on the CBOE Hybrid System,* or 6.45B, *Priority and Allocation of Trades in Index Options and Options on ETFs on the CBOE Hybrid System,* subject to certain requirements. In particular, there is no participation entitlement applicable to exposed orders, and response sizes are limited to the size of the exposed order for allocation purposes; or • If no responses are received or if there remains an unexecuted portion of a marketable order, then the remaining balance of the order will be routed through Linkage. 7 7 If the remaining order balance is for the account of a public customer and is marketable against another exchange that is a participant in Linkage, then HAL will route a Principal Acting as Agent Linkage Order (“P/A Order”) on behalf of the remaining order balance through the Linkage, and any resulting execution of the P/A Order will be allocated to that order. If the remaining order balance is marketable against another exchange that is a participant in Linkage but is *not* for the account of a public customer, then HAL will route a Principal Linkage Order (“P Order”) on behalf of the Remaining Order through the Linkage, and any resulting execution of the P Order will be allocated to the remaining order. In either situation above, if the Linkage order cannot be transmitted from the Exchange because the price of the Linkage order (or a better price) is no longer available on any market, then HAL will, pursuant to normal order allocation processing, execute the remaining order balance against the Exchange's existing quote (provided such execution would not cause a trade-through) or, if the Exchange's quote is inferior to the Exchange's best bid or offer at the time the order was received by HAL (“Exchange Initial BBO”), against the Market-Makers that constituted the Exchange Initial BBO at a price equal to the Exchange Initial BBO. If the remaining order is not marketable (either on CBOE or another exchange), it will be entered into the Hybrid book for dissemination. *See* Rule 6.14(b)(i)—(iii). If a marketable order is not executed via HAL, it is routed through Linkage to a competing exchange(s) even though there may be other CBOE members who would be willing to execute the order at the better price. Additionally, when an order is sent through Linkage, the other exchange charges an execution fee. The cost of sending the order through Linkage can be substantial, particularly with respect to other options exchanges that have adopted a maker-taker fee schedule. 8 To retain as much order flow as possible on CBOE and to help reduce costs associated with the number of orders sent through Linkage, 9 CBOE proposes to allow itself the flexibility to determine on a class-by-class basis to expose orders received by HAL to all members that have elected to receive HAL messages (not just Market-Makers appointed to the relevant option class and Qualifying Members), and to permit such members to respond to HAL on a proprietary or agency basis. This would provide for additional opportunities to provide orders with the best price on CBOE. 8 Several options exchanges have adopted a fee structure in which firms receive a rebate for the execution of orders resting in the limit order book ( *i.e.* , posting liquidity) and pay a fee for the execution of orders that trade against liquidity resting on the limit order book ( *i.e.* , taking liquidity). Taker fees currently range up to $0.45 per contract and are charged without consideration of the order origin category, including public customer orders. In contrast, CBOE does not generally charge a fee for the execution of public customer orders that are routed directly to our market. The effective price paid by a customer purchasing an option can be considerably higher on an exchange that charges a taker fee. For example, a customer that enters a marketable limit order to buy 10 contracts for $0.10 would pay $100 on CBOE and $104.50 if executed on an exchange that charges a $0.45 taker fee (an effective 4.5% increase). Because orders cannot be executed at prices inferior to the NBBO, members are effectively forced to pay taker fees when an exchange with a taker fee structure is at the NBBO and the members' orders are directly routed to such an exchange or indirectly routed to such an exchange through Linkage (where the fees are passed through). 9 Outbound Linkage costs are incurred by CBOE and its members. CBOE currently rebates DPM transaction fees generated from transactions against customer orders that underlie outbound P/A and P Orders (“CBOE Transactions”). In addition, when DPMs incur fees to execute P/A or P Orders at other exchanges (“Away Transactions”), those DPMs are credited an additional amount per contract to offset such fees. CBOE also credits DPMs an additional amount per contract on both CBOE Transactions and Away Transactions to offset the Sales Value Fee (which offsets fees payable to the Commission under Section 31 of the Act), the Options Clearing Corporation (“OCC”) per contract fee applicable to Market-Makers and specialists set forth on the OCC Schedule of Fees, and an estimated average clearing firm per contract fee. In the case of a P Order, the Exchange also passes through the total amount of the credits above to the member that originated the order underlying the P Order. *See* Section 21 of the CBOE Fees Schedule. For such classes, each member that submits a response to trade with an order during the exposure or allocation periods would be entitled to receive an allocation of the order in accordance with the allocation algorithm in effect for the option class pursuant to Rule 6.45A or 6.45B, subject to certain requirements. As with the existing HAL allocation process, there would be no participation entitlement applicable to exposed orders, and response sizes would be limited to the size of the exposed order for allocation purposes. In addition, if the applicable allocation algorithm in effect for the option class is price-time or pro-rata, then any public customer priority overlay in effect for a class would not be applicable. The Exchange believes this condition is a reasonable modification designed to give market participants a more balanced opportunity to participate in an allocation. The Exchange also notes that, in accordance with the existing provisions of Rules 6.45A and 6.45B, there is no requirement that a public customer priority overlay be in effect if there is no participation entitlement. Lastly, because all members would be permitted to respond on a proprietary or agency basis, the HAL provision that normally prohibits the dissemination of information regarding exposed orders to third parties would not apply. 10 The Exchange believes that permitting the dissemination of this information by members to third parties will assist in its efforts to provide additional opportunities for orders to receive executions at the NBBO on CBOE and reduce costs by reducing the number of Linkage orders sent to other exchanges. 10 This prohibition only deals with disseminating information to third parties after an order is exposed in HAL. *See* Rule 6.14.02. The Exchange notes that members remain subject to the requirements of Rule 4.18, *Prevention of the Misuse of Material, Nonpublic Information,* and Rule 8.91, *Limitations on Dealings of DPMs and Affiliated Persons of DPMs.* 2. Statutory Basis The Exchange believes the proposed rule change is consistent with Section 6(b) of the Act 11 in general and furthers the objectives of Section 6(b)(5) of the Act 12 in particular in that it is designed to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. In particular, the Exchange believes that the proposed change would give additional opportunities to provide orders executions at the NBBO on CBOE and reduce costs by reducing the number of Linkage orders sent to other exchanges. 11 15 U.S.C. 78f(b). 12 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition CBOE does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange neither solicited nor received comments on the proposal. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing rule does not:
(i)Significantly affect the protection of investors or the public interest;
(ii)impose any significant burden on competition; and
(iii)become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, it has become effective pursuant to Section 19(b)(3)(A) of the Act 13 and Rule 19b-4(f)(6) thereunder. 14 13 15 U.S.C. 78s(b)(3)(A). 14 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires that a self-regulatory organization submit to the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Commission notes that the Exchange has satisfied the five-day pre-filing notice requirement. Normally, a proposed rule change filed under 19b-4(f)(6) may not become operative prior to 30 days after the date of filing. However, Rule 19b-4(f)(6)(iii) 15 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has requested that the Commission waive the 30-day operative delay. The Exchange believes that the expansion of HAL to permit all members to respond in the manner proposed will provide additional opportunities for orders to receive executions at the NBBO on CBOE and reduce costs by reducing the number of Linkage orders sent to other exchanges. The Exchange believes that the proposed rule change is non-controversial, does not raise any new, unique or substantive issues, and is essential for competitive purposes and to promote a free and open market for the benefit of investors. For these reasons, the Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. Accordingly, the Commission designates the proposed rule change to be operative upon filing with the Commission. 16 15 17 CFR 240.19b-4(f)(6)(iii). 16 For the purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). At any time within 60 days of the filing of such proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-CBOE-2008-46 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-CBOE-2008-46. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m.. Copies of such filing also will be available for inspection and copying at the principal office of CBOE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CBOE-2008-46 and should be submitted on or before June 17, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 17 17 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-11703 Filed 5-23-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57828; File No. SR-ISE-2008-38] Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Fee Changes May 15, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on April 30, 2008, the International Securities Exchange, LLC (“Exchange” or “ISE”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the ISE. The ISE has designated this proposal as one establishing or changing a due, fee, or other charge imposed by the ISE under Section 19(b)(3)(A)(ii) of the Act, 3 and Rule 19b-4(f)(2) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The ISE proposes to amend its Schedule of Fees to
(1)adopt a tiered structure for the displayed market and
(2)simplify the pricing structure for MidPoint Match executions. The text of the proposed rule change is available on the Exchange's Web site ( *http://www.ise.com* ), at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the ISE included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The ISE has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this proposed rule change is to
(1)adopt a tiered structure for the displayed market and
(2)simplify the pricing structure for MidPoint Match executions. Effective May 1, 2008, the ISE proposes to increase the rebate paid to Equity Electronic Access Members (“Equity EAMs”) for posting liquidity in securities that trade at or above $1.00 on the ISE Stock Exchange's displayed market. Equity EAMs will receive an increased rebate of $0.0035 per share across all tapes when the monthly average daily volume (“ADV”) of executed maker shares is over five million. The first five million shares per day will continue to receive a rebate of $0.0032 per share. The taker price per share will remain at $0.0030 for all volume levels. Additionally, the ISE proposes to simplify the fees for MidPoint Match by introducing a three-tiered structure with a lower starting level of $0.0015 per share for its initial pricing tier, which applies to members trading an ADV of up to one million shares. The second tier, for ADV between one million and three million shares, is $0.0010 per share. Once volume exceeds the three million share ADV threshold of the third tier, fees are adjusted retroactively so that a $0.0010 per share fees applies to all volume. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the objectives of Section 6 of the Act, 5 in general, and furthers the objectives of Section 6(b)(4), 6 in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees and other charges among ISE members and other persons using ISE facilities. 5 15 U.S.C. 78f(b). 6 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing rule change establishes or changes a due, fee, or other charge imposed by the Exchange, it has become effective pursuant to Section 19(b)(3)(A) of the Act 7 and Rule 19b-4(f)(2) 8 thereunder. At any time within 60 days of the filing of such proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 7 15 U.S.C. 78s(b)(3)(A). 8 17 CFR 19b-4(f)(2). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File No. SR-ISE-2008-38 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-ISE-2008-38. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the ISE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-ISE-2008-38 and should be submitted on or before June 17, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 9 9 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-11701 Filed 5-23-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57841; File No. SR-NYSE-2008-26] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend NYSE Rule 412 To Conform to FINRA Incorporated Versions of NYSE Rule 412 May 20, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 notice is hereby given that on April 2, 2008, the New York Stock Exchange LLC (“NYSE”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the NYSE. The NYSE filed the proposed rule change pursuant to Section 19(b)(3)(A) of the Act 2 and Rule 19b-4(f)(6) 3 thereunder so that the proposal was effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 15 U.S.C. 78s(b)(3)(A). 3 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The NYSE proposes to amend NYSE Rule 412 (Customer Account Transfer Contracts) to make the time frames in the rules for validating or taking exception to an instruction to transfer a customer's securities account consistent with the time frames in the Automated Customer Account Transfer Service (ACATS) of the National Securities Clearing Corporation (“NSCC”) and to make the NYSE's version of Rule 412 consistent with the recently approved amendments filed by the Financial Industry Regulatory Authority, Inc. (“FINRA”) to its incorporated version of NYSE Rule 412. 4 4 *Supra* note 5 and accompanying text. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the NYSE included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The NYSE has prepared summaries, set forth in sections (A), (B), and
(C)below, of the most significant parts of such statements. 5 5 The Commission has modified the text of the summaries prepared by the NYSE.
(A)Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose On July 30, 2007, NASD and NYSE Regulation, Inc. consolidated their member firm regulation operations into a combined organization, FINRA. 6 Pursuant to FINRA's new regulatory responsibilities, FINRA amended FINRA's incorporated NYSE Rule 412 (Customer Account Transfer Contracts) to make the time frames in the rule for validating or taking exception to an instruction to transfer a customer's securities account consistent with those of NSCC's ACATS. 7 In order to maintain Rule 412 as a Common Rule, the NYSE is proposing to amend its version of Rule 412 to conform it to the recently approved changes to FINRA's incorporated version of NYSE Rule 412. 6 Pursuant to Rule 17d-2 under the Exchange Act, NYSE, NYSE Regulation, Inc., and NASD entered into an agreement (the “17d-2 Agreement”) to reduce regulatory duplication for firms that are members of FINRA and also members of NYSE on or after July 30, 2007 (“Dual Members”), by allocating to FINRA certain regulatory responsibilities for selected NYSE rules. The 17d-2 Agreement includes a list of all of those rules (“Common Rules”) for which FINRA has assumed regulatory responsibilities. *See* Securities and Exchange Act Release No. 56148 (July 26, 2007), 72 FR 42146 (August 1, 2007) (Notice of Filing and Order Approving and Declaring Effective a Plan for the Allocation of Regulatory Responsibilities). The Common Rules are NYSE rules that FINRA has incorporated into its rulebook. Securities Exchange Act Release No. 56417 (July 26, 2007), 72 FR 42166 (August 1, 2007) (Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change to Incorporate Certain NYSE Rules Relating to Member Firm Conduct) [SR-NASD-2007-054]. Paragraph 2(b) of the 17d-2 Agreement sets forth procedures regarding proposed changes by either NYSE or FINRA to the substance of any of the Common Rules. 7 Securities and Exchange Act Release No. 56677 (October 19, 2007), 72 FR 60699 (October 25, 2007) [SR-FINRA-2007-05]. 2. Statutory Basis The NYSE believes the proposed rule change is consistent with and furthers the objectives of Section 6(b)(5) of the Act, 8 in that it is designed to prevent fraudulent and manipulative practices, to promote just and equitable principles of trade, to remove impediments to, and perfect the mechanisms of, a free and open market and a national market system, and, in general, to protect investors and the public interest. 8 15 U.S.C. 78f(b)(5).
(B)Self-Regulatory Organization's Statement on Burden on Competition The NYSE does not believe that the proposed rule change will have any impact or impose any burden on competition.
(C)Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not:
(i)Significantly affect the protection of investors or the public interest;
(ii)impose any significant burden on competition; and
(iii)become operative for 30 days from the date on which it was filed ( *i.e.* , May 2, 2008), or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, it has become effective pursuant to Section 19(b)(3)(A) of the Act 9 and Rule 19b-4(f)(6) thereunder. 10 At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 9 15 U.S.C. 78s(b)(3)(A). 10 17 CFR 240.19b-4(f)(6). The Commission is waiving the five-day pre-filing notice requirement in order for the NYSE to ensure that Rule 412 maintains its status as a Common Rule under the 17d-2 Agreement. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ) or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-NYSE-2008-26 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSE-2008-26. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. The text of the proposed rule change is available at the NYSE, the Commission's Public Reference Room, and *http://apps.nyse.com/commdata/pub19b4.nsf/docs/E40ACA575EFD517085257420005CC603/$FILE/NYSE-2008-26.pdf* . All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2008-26 and should be submitted on or before June 17, 2008. For the Commission by the Division of Trading and Markets, pursuant to delegated authority. 11 Florence E. Harmon, Deputy Secretary. 11 17 CFR 200.30-3(a)(12). [FR Doc. E8-11723 Filed 5-23-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57845; File No. SR-NYSE-2008-32] Self-Regulatory Organizations; the New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change, and Amendment No. 1 Thereto, To Amend NYSE Rule 123A.30 To Permit Certain Convert-and-Parity Orders To Trade on Parity With Other Limit Orders, Including Orders Entered Through Its Designated Order Turnaround System® May 21, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on April 24, 2008, the New York Stock Exchange LLC (“NYSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange. Originally, NYSE filed the proposed rule change pursuant to Section 19(b)(2) of the Act. 3 On May 16, 2008, however, NYSE filed Amendment No. 1 to the proposed rule change pursuant to Section 19(b)(3)(A) of the Act 4 and Rule 19b-4(f)(6) thereunder. 5 Accordingly, the proposal became effective upon the filing of Amendment No. 1 with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(2). 4 15 U.S.C. 78s(b)(3)(A). 5 17 CFR 240.19b-4(f)(6). Amendment No. 1 superseded the original filing in its entirety. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend NYSE Rule 123A.30 to permit certain convert-and-parity (“CAP”) orders to trade on parity with other limit orders, including orders entered through NYSE's Designated Order Turnaround (“DOT”) system®. The text of the proposed rule change is available at the Exchange, the Commission's Public Reference Room, and *www.nyse.com* . II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose This rule filing effects an amendment to NYSE Rule 123A.30, which, together with NYSE Rule 1000, governs the automatic execution of CAP orders. The amendment permits passively converted CAP orders—that is, CAP orders that are converted by the specialist for the purpose of bidding or offering—to trade on parity with other limit orders, including DOT system orders that were on NYSE's Display Book® at the time of the conversion and could trade on the same side of the market and at the same price as the converted CAP orders. Before this amendment, CAP orders were placed in the same parity group as DOT orders for purposes of parity allocations among all orders upon execution. Within that parity group, those DOT orders had priority over the converted CAP orders. a. Background The Exchange states that CAP orders are not actually live orders, but rather are memoranda of orders that can be made live either automatically via an electing trade (a trade at a price that automatically triggers the CAP order to become a live order and immediately execute at the triggering price) or manually via conversion by the specialist. In the latter situation, the specialist converts the CAP into a limit order, and bids or offers on behalf of that order (referred to as a “passive conversion”). Thereafter, a trade may take place against some or all of the converted CAP order; any portions that are not executed may be “unconverted” and revert to their status as CAP orders. The Exchange states that, although they are not live orders, CAP orders nevertheless represent public customer interest in which the customer has consented to trading on parity with the specialist when they are either elected or converted. Because CAP orders are linked, either through election or conversion, to other customer interest at a given price, CAP orders give customers a way to participate in trades—that is, to “go along” with other interest at a price—but protect them from either initiating a trade or constituting 100% of one side of a trade. The Exchange states that, at the time that specialists were given the ability to passively convert CAP orders as agents for customers, the Commission was concerned that specialists not have unfettered discretion in representing those orders; although the Commission recognized that the specialist could exercise some degree of control over the timing and size of the conversions, the Commission insisted on, and the Exchange agreed to implement, certain restrictions that would prevent the specialist from misusing CAP orders to drive the price of a security up or down inappropriately. 6 Among these restrictions was the requirement that passively converted CAP orders could not be executed before “conventional” limit orders, *e.g.* , DOT orders, that were on the Display Book at the time of the conversion and could trade at the same price and on the same side as the converted CAP order. 6 *See* Securities Exchange Act Release No. 24505 (May 22, 1987), 52 FR 20484 (June 1, 1987) (SR-NYSE-1985-01). b. Amendment to NYSE Rule 123A.30 The instant proposal would change the treatment of passively converted CAP orders to permit the CAP orders to trade as a group on parity with other agency interest, including same-side same-price DOT orders ( *i.e.* , DOT orders that can trade on the same side of the market and at the same price as the CAP orders). The Exchange states that the proposed rule change is necessitated by other changes that the Exchange is making that will permit market participants to enter non-displayed reserve interest directly into the Display Book. As initially implemented, under Rule 123A.30, passively converted CAP orders were combined with DOT orders for purposes of determining the overall parity allocation in any trade; this so-called “DOT group” was treated as a single agent in the parity divisor. Thus, for example, in an execution involving two brokers' orders, DOT orders, and passively converted CAP orders, all on parity, the DOT group and the brokers would each be allocated one-third of the traded shares, even though the DOT group contained two different customer groups (conventional limit orders and passively converted CAP orders). The Exchange's system would then internally allocate shares within the DOT group in time priority. As a consequence of this allocation methodology, passively converted CAP orders did not receive allocations until all DOT orders that were on the Display Book at the time of the conversion were satisfied in full. As noted above, NYSE implemented foundational changes to its systems that permit customers to enter undisplayed reserve orders from off-Floor directly into the Display Book through DOT (previously, only Floor brokers could enter undisplayed reserve interest on behalf of customers). 7 Such off-Floor reserve interest will be included in the DOT group for purposes of parity allocations when there is a trade and, despite being non-displayed, would within that DOT group, currently be entitled to priority over passively converted CAP orders. 7 *See* Securities Exchange Act Release Nos. 57792 (May 7, 2008), 73 FR 27601 (SR-NYSE-2008-36) and 57688 (April 18, 2008), 73 FR 22194 (SR-NYSE-2008-30). NYSE has determined that it is not feasible at this time to have the system differentiate between displayed DOT interest and non-displayed DOT interest when doing parity allocations. This could result in two unintended consequences vis-à-vis passively converted CAP orders: First, the changes will result in non-displayed interest (DOT reserves) taking priority over displayed interest (passively converted CAP orders); and second, if there is substantial interest in reserve, the change will make it difficult (if not impossible) for passively converted CAP orders to receive an execution, since all displayed and non-displayed DOT interest would need to be satisfied first. The Exchange has further determined that it is not feasible to undo the various foundational programming changes necessary to implement off-Floor reserves in the near future. To address these issues, the Exchange is proposing to amend NYSE Rule 123A.30 to change the parity allocation methodology. Under the proposed rule change, passively converted CAP orders would become their own parity group for purposes of the parity divisor. For example, in the execution described above, involving two brokers, DOT orders and passively converted CAP orders, each group would receive one-fourth of the executed shares, instead of the DOT orders and CAP orders sharing a one-third allocation. The Exchange believes that the instant proposal is appropriate because fundamental changes in the market—both in terms of market structure and in terms of the behavior of market participants—have made it significantly less likely that specialists could or would use passively converted CAP orders to engage in manipulative or destabilizing conduct. The Exchange states that, among other things, the restrictions on passive CAP conversions were implemented at a time when NYSE enjoyed a market share in excess of 80% of transactions in its listed securities. Today, NYSE market share is approximately half that amount. The Exchange states that, where the specialist once had substantial influence over the price of a stock, and could extend his influence further through the misuse of CAP orders, the specialist today has significantly less influence over the price of a stock. According to the Exchange, market share aside, the process of converting CAP orders also impedes the specialist's ability in an automated market to misuse CAP orders to drive the market. Passive conversions must be conducted by the specialist manually. The Exchange states that, because of the increased automation of modern markets, and the resulting exponential increase in the pace of trading over years past, the delay inherent in a manual process further erodes the possibility that a specialist could realistically use the passive conversion of CAP orders to manipulate the market. The Exchange believes that a specialist's ability to drive the market through CAP conversions is further diminished simply by the fact that the number of customers using CAP orders has dropped off substantially. For example, during March 2008, there was an average of 2,125 conversions per day across the entire NYSE Floor, as compared to 4,401 conversions per day during October 2007 and 6,762 conversions during June 2007. More tellingly, the average number of passive conversions during 2008 (an average of 2,484 conversions per day, year-to-date) represented only .0004% of quotes initiated per day by specialists (“s-quotes”) during the same period, 8 and .000045% of all quotes disseminated per day overall. 9 Therefore, the Exchange believes that the likelihood that a specialist could misuse a passive conversion to affect prices is small. 8 Specialists have averaged 5,268,000 s-quotes per day during 2008. 9 NYSE has disseminated an average of 54,201,000 quotes per day during 2008. According to the Exchange, the sharp reduction in the number of CAP orders reflects the increased popularity of reserve orders, which permit customers to achieve the same go-along benefits of CAP orders, but retain greater control of the pricing of their orders. Significantly, despite the fact that reserve interest and CAP orders can perform similar functions, they receive disparate parity treatment: reserve interest trades on parity, 10 while CAP interest does not. 10 *See* NYSE Rule 70.20. Finally, the Exchange states that it is also important to keep in mind that, under the current scheme, CAP orders, although they represent public customer orders, are penalized in their parity treatment for no other reason than that they have been entrusted to the specialist for execution. When the specialist had outsized influence in the market, this was arguably appropriate because, in return for inferior parity treatment, CAP orders received the benefit of the specialist's knowledge of the market and expertise on the optimal time to bid or offer. But in today's environment, where market fragmentation has reduced the specialist's ability to know the overall market, the Exchange believes this trade-off no longer makes sense. Accordingly, the proposed rule change would eliminate this disadvantage to CAP orders. At the same time, the proposal would not eliminate all disadvantages to CAP order relative to e-Quotes: all passively converted CAP orders would share one slice of the allocation on an execution, whereas brokers using e-Quotes each take their own slice. Thus, the parity divisor is being increased by one, though only on executions where:
(1)There are passively converted CAP orders being bid or offered; and
(2)the execution size is in an amount less than necessary to completely fill all orders at that price. The Exchange states that, because this will be the case only a very few times per day (fewer than once per day per stock, on average), it does not believe that the potential harm to DOT orders is significant. In short, given the ways in which liquidity has been fractured among markets, the sharply reduced number of conversions today, the disparate treatment of passively converted CAP orders and reserve interest, and the automation of markets making manual trades commensurately more difficult, the Exchange believes that:
(1)The harm of manipulation-by-passive-conversion that NYSE set out to protect against in 1985 is not present today; and
(2)when weighed against the fact that CAP orders are agency orders on behalf of public customers just as DOT orders are, it does not seem appropriate to continue to discriminate against the passively converted CAP orders by forcing them to step behind the DOT orders. For these reasons, NYSE proposes to eliminate the restriction on giving passively converted CAP orders parity with other limit orders, including resting DOT orders. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act, 11 in general, and furthers the objectives of Section 6(b)(5) of the Act, 12 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. As described more fully above, the proposed rule change is intended to ensure fair treatment of displayed public orders (passively converted CAP orders) in connection with changes being made to other Exchange systems to permit customers to directly place non-displayed interest into the Display Book. In addition, the Exchange believes that in view of both the substantial changes to the marketplace and the Exchange since the original rule was adopted, and the paucity of affected orders, the proposed change does not substantially affect the public interest or unreasonably disadvantage another group of public customers. Conversely, without the proposed rule change, the Exchange states that there is a substantial risk that a group of public customers would be shut out of the market entirely, or would receive an inferior treatment vis-à-vis non-displayed interest, which the Exchange believes is contrary to the policy of the Commission regarding rewarding customers willing to display liquidity in the market. 11 15 U.S.C. 78f(b). 12 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange states that written comments on the proposed rule change were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change:
(1)Does not significantly affect the protection of investors or the public interest;
(2)does not impose any significant burden on competition; and
(3)by its terms does not become operative for 30 days after the date of this filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 13 and Rule 19b-4(f)(6) thereunder. 14 13 15 U.S.C. 78s(b)(3)(A). 14 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires a self-regulatory organization to provide the Commission with written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has fulfilled this requirement. A proposed rule change filed under Rule 19b-4(f)(6) normally does not become operative for 30 days after the date of filing. However, Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Commission notes NYSE's representation regarding its determination that it is not feasible at this time to have the Exchange's system differentiate between displayed DOT interest and non-displayed DOT interest when doing parity allocations. Accordingly, given the fact that CAP orders represent customer orders, the Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. 15 15 For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 16 16 15 U.S.C. 78s(b)(3)(C). For purposes of calculating the 60-day period within which the Commission may summarily abrogate the proposal, the Commission considers the period to commence on May 16, 2008, the date on which the Exchange submitted Amendment No. 1. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-NYSE-2008-32 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSE-2008-32. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2008-32 and should be submitted on or before June 17, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 17 17 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-11808 Filed 5-23-08; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11255] Kentucky Disaster #KY-00016 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the Commonwealth of Kentucky (FEMA-1757-DR), dated 05/19/2008. *Incident:* Severe Storms, Tornadoes, Flooding, Mudslides, and Landslides. *Incident Period:* 04/03/2008 through 04/04/2008. EFFECTIVE DATE: 05/19/2008. *Physical Loan Application Deadline Date:* 07/18/2008. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 05/19/2008, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Anderson, Crittenden, Fleming, Fulton, Hancock, Hopkins, Lewis, Livingston, Mclean, Nicholas, Ohio, Spencer, Woodford. The Interest Rates are: Percent Other (Including Non-Profit Organizations) With Credit Available Elsewhere 5.250 Businesses and Non-Profit Organizations Without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 11255. (Catalog of Federal Domestic Assistance Number 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E8-11747 Filed 5-23-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11242 and #11243] Maine Disaster Number ME-00011 AGENCY: U.S. Small Business Administration. ACTION: Amendment 1. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Maine (FEMA-1755-DR), dated 05/09/2008. *Incident:* Severe Storms and Flooding. *Incident Period:* 04/28/2008 and continuing. DATES: *Effective Date:* 05/16/2008. *Physical Loan Application Deadline Date:* 07/08/2008. *EIDL Loan Application Deadline Date:* 02/09/2009. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416 SUPPLEMENTARY INFORMATION: The notice of the Presidential disaster declaration for the State of Maine, dated 05/09/2008 is hereby amended to include the following areas as adversely affected by the disaster: *Primary Counties:* (Physical Damage and Economic Injury Loans): Penobscot. *Contiguous Counties:* (Economic Injury Loans Only): Maine: Hancock, Waldo. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E8-11712 Filed 5-23-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11254] Maine Disaster #ME-00012 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Maine (FEMA-1755-DR), dated 05/14/2008. *Incident:* Severe Storms and Flooding. *Incident Period:* 04/28/2008 and continuing. EFFECTIVE DATE: 05/14/2008. *Physical Loan Application Deadline Date:* 07/14/2008. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 05/14/2008, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Aroostook, Knox, Lincoln, Piscataquis, Somerset, Waldo. The Interest Rates are: Percent Other (Including Non-Profit Organizations) With Credit Available Elsewhere 5.250 Businesses and Non-Profit Organizations Without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 11254. (Catalog of Federal Domestic Assistance Number 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E8-11757 Filed 5-23-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11252 and #11253] North Carolina Disaster #NC-00012 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a notice of an Administrative declaration of a disaster for the State of North Carolina dated 05/20/2008. *Incident:* Severe Storms and Tornadoes. *Incident Period:* 05/11/2008. EFFECTIVE DATE: 05/20/2008. *Physical Loan Application Deadline Date:* 07/21/2008. *Economic Injury
(Eidl)Loan Application Deadline Date:* 02/20/2009. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Bertie, Onslow. Contiguous Counties: North Carolina: Carteret, Chowan, Duplin, Halifax, Hertford, Jones, Martin, Northampton, Pender, Washington. The Interest Rates are: Percent Homeowners With Credit Available Elsewhere 5.375 Homeowners Without Credit Available Elsewhere 2.687 Businesses With Credit Available Elsewhere 8.000 Businesses and Small Agricultural Cooperatives Without Credit Available Elsewhere 4.000 Other (Including Non-Profit Organizations) With Credit Available Elsewhere 5.250 Businesses and Non-Profit Organizations Without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 11252 C and for economic injury is 11253 0. The State which received an EIDL Declaration # is North Carolina. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: May 20, 2008. Steven C. Preston, Administrator. [FR Doc. E8-11760 Filed 5-23-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Small Business Size Standards: Public Meetings on a Comprehensive Review of Small Business Size Standards AGENCY: U.S. Small Business Administration. ACTION: Notice of public meetings. SUMMARY: The U.S. Small Business Administration
(SBA)will hold two public meetings to inform the public about one of the Agency's top priorities—a comprehensive review of all of its small business size standards. Of fundamental importance in assisting the nation's small businesses is appropriately defining which business entities qualify as small businesses. SBA is responsible to the public for ensuring that size standards levels are sound and rational. Therefore, SBA is undertaking a 2-year across-the-board examination of its size standards. This notice discusses SBA's reasons for and its approach to the comprehensive review and provides information about registering to attend a public meeting. DATES: The size standards meetings will be held on June 3, 2008, at 10 a.m. Eastern Time and 2 p.m. Eastern Time in Washington, DC. Attendees must pre-register by May 30, 2008. ADDRESSES: 1. The size standards meeting address is U.S. Small Business Administration, Eisenhower Conference Room, 409 Third Street, SW., Washington, DC 20416. 2. Send pre-registration requests to attend to SBA's Office of Size Standards at *sizestandards@sba.gov* or call
(202)205-6618. FOR FURTHER INFORMATION CONTACT: Fay E. Ott, Associate Administrator for Government Contracting and Business Development, at
(202)205-6459, *sizestandards@sba.gov* . SUPPLEMENTARY INFORMATION: I. Background To carry out its mission of assisting small businesses, SBA must identify which businesses are small and, therefore, eligible for Federal assistance programs intended for small businesses. Congress granted SBA broad discretion in establishing detailed small business definitions, or size standards (15 U.S.C. 632(a)(2)). The Small Business Act generally defines a small business as one that is independently owned and operated, not dominant in its field of operation, and meets a numerical size standard established by the SBA Administrator. SBA's size standards are promulgated in 13 CFR Part 121, “Small Business Size Regulations,” and may be found at *http://www.sba.gov/size* . Over the years, SBA has reviewed size standards on an ad hoc basis. That is, SBA has reviewed specific industries that it believed warranted modification either in response to requests from the public or a Federal agency or through its own independent analysis. In addition, SBA has periodically increased the monetary-based size standards to keep them in line with inflation between individual adjustments. The last increase for inflation was on December 6, 2005 (70 FR 72577). SBA has undertaken a few broad reviews of size standards in the past. With the inception of the Agency in 1953, SBA examined the initial configuration of size standards and established the basic framework for today's size standards. The last comprehensive review of size standards was in the early 1980s. That review resulted in several important changes. The two most important of those were
(1)replacing two sets of size standards, one for procurement programs and one for financial programs, with a single set for all programs and
(2)formalizing the methodology for evaluating size standards. In 2004, SBA proposed to restructure and simplify size standards by determining the size of a small business based only on number of employees and reducing the number of different size standards levels (69 FR 13130, March 19, 2004). That effort received mixed support from the public and was subsequently withdrawn (69 FR 39874, July 1, 2004). SBA is concerned that since the last comprehensive size standards review, not all of its size standards may now adequately define small businesses in the U.S. economy, which has seen industry consolidations, technological advances, emerging new industries, shifting societal preferences, and other significant industrial changes. SBA's approach to scrutinizing the limited number of specific industries during a year, while worthwhile, leaves unexamined many deserving industries for updating and may create over time a set of illogical size standards. Accordingly, SBA has initiated this across-the-board review of all size standards, and will proceed over the next two years with this examination to ensure that the established levels reflect today's small business segment of the various industries. Beginning later this year, SBA will start publishing a series of proposed rules to update specific size standards; in two years this review will culminate in the complete evaluation of all size standards. SBA will organize this review by examining a group of industries within the Sectors of the North American Industry Classification System (NAICS). A Sector is a group of related industries, such as retail trade, manufacturing, construction, etc. Upon completion of an analysis of the industries within a Sector, SBA will publish a proposed rule for those industries where its assessment supports changing the current size standards. SBA believes that a size standard review spread over time is a more manageable and expeditious process than attempting to update all size standards at one time. First, SBA is able to begin the review much sooner rather than wait until it completes an analysis of more than 1,100 industries. Second, the public can focus on and limit their comments to a limited number of related size standard revisions in SBA's proposal. Similarly, evaluating fewer and closely related comments enables SBA to understand and better consider the issues and concerns raised by the public. The table below lists order of the size standards comprehensive review by NAICS Sector: NAICS sector Title Number of industries 44-45 Retail Trade 75 72 Accommodations and Food Services 15 81 Other Services 49 54 Professional, Scientific and Technical Services 48 51 Information 32 61 Education 17 53 Real Estate and Rental and Leasing 24 71 Arts, Entertainment and Recreation 25 62 Health Care and Social Assistance 62 42 Wholesale Trade 71 56 Administrative Support and Waste Management 44 23 Construction 31 52 Finance and Investment 41 11 Agriculture 64 49 Transportation and Warehousing 57 55 Management of Companies 3 22 Utilities 10 21 Mining 29 31-33 Manufacturing 472 SBA considered several criteria in deciding the order of the NAICS Sectors. Priority was given to Sectors that have had fewer size standard revisions over the past 20 years, less variation of size standards within the Sector, a lower share of Federal contracts awarded to small businesses, and a higher quality of industry data. SBA decided to conduct the review for the Manufacturing Sector last because of the time needed to evaluate the large number of industries. SBA encourages the public's participation in the process of updating its size standards. As discussed above, a proposed rule will be developed for each NAICS Sector over the next two years. Each proposed rule will explain how SBA analyzes an industry size standard, the latest data on an industry, and the basis for its decision to either retain or revise the current size standard. The public will have an opportunity to comment on SBA's analysis. SBA will carefully consider the public's comments on its proposals before making a final decision. The outcome of this comprehensive review will produce a more consistent, supportable, and equitable set of size standards designed to achieve SBA's mission of assisting the small business community. II. Public Meetings SBA will discuss in greater detail its approach to a comprehensive review of size standards at two public meetings and provide the attendees time to ask questions or provide advice on the size standards review. The public meetings will be held at 10 a.m. and 2 p.m. Eastern Time on June 3, 2008. Location Address Registration closing date Washington, DC U.S. Small Business Administration, 409 Third Street, SW., 2nd Floor Eisenhower Conference Room, Washington, DC 20416 May 30, 2008. To help focus the discussions on common areas of interest for the attendees, it is requested that registrants sign-up for the public meetings according the type of size standard of most interest to them, as follows: 10 a.m.—Industries with receipts-based size standards (generally, the construction, information, retail trade, and services industries). 2 p.m.—Industries with employee-based size standards (generally, the manufacturing, mining, and wholesale trade industries). III. Registration and Attendance SBA respectfully requests that anyone interested in attending one of the public meetings pre-register in advance with SBA. In addition, because SBA only has space for up to 150 attendees per meeting, we request that each organization register only one or two representatives. Registration requests should be received by May 30, 2008. Please contact the Office of Size Standards at *sizestandards@sba.gov* or by calling
(202)205-6618. Please provide the following information: Name, Title, Organization Affiliation, Address, Telephone Number, E-mail Address, and Fax Number. SBA will attempt to accommodate all interested parties who wish to be heard. Based on the number of registrants it may be necessary to impose time limits to ensure that everyone who wishes to be heard has an opportunity to do so. Please plan to arrive early. Upon arrival at SBA Headquarters, you must sign-in and pick-up a building pass at the Information Center located in the lobby. Afterwards, you may proceed through the security check and to the conference room on the 2nd floor. Authority: 15 U.S.C. 634. Fay E. Ott, Associate Administrator for Government Contracting and Business Development. [FR Doc. E8-11763 Filed 5-23-08; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF STATE [Public Notice 6235] 60-Day Notice of Proposed Information Collection: DS Form 4502, DS Form 7003, DS Form 7004, Fulbright Teacher Exchange Program Application Package, OMB No.1405-0114 ACTION: Notice of request for public comments. SUMMARY: The Department of State is seeking Office of Management and Budget
(OMB)approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the **Federal Register** preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. • *Title of Information Collection:* Fulbright Teacher Exchange Program Application Package. • *OMB Control Number:* 1405-0114. • *Type of Request:* Revision of a currently approved collection. • *Originating Office:* Office of Global Educational Programs (ECA/A/S). • *Form Number:* DS-4502, DS-7003, DS-7004. • *Respondents:* Educators desiring to participate in the Fulbright Teacher Exchange Program and/or host and international participant. • *Estimated Number of Respondents:* DS-4502 (U.S. Application)—800. DS-7003 (International Application)—300. DS-7004 (Hosting Application)—100. • *Estimated Number of Responses:* DS-4502 (U.S. Application)—800. DS-7003 (International Application)—300. DS-7004 (Hosting Application)—100. • *Average Hours per Response:* DS-4502 (U.S. Application)—2 hours. DS-7003 (International Application)—2 hours. DS-7004 (Hosting Application)—1.5 hours. • *Total Estimated Burden:* 2350 hours. • *Frequency:* On occasion. • *Obligation to Respond:* Required to Obtain or Retain a Benefit. DATES: The Department will accept comments from the public up to 60 days from *May 27, 2008* . ADDRESSES: You may submit comments by any of the following methods: • *E-mail: ChagnonRX@state.gov* . • *Mail (paper, disk, or CD-ROM submissions):* Teacher Exchange Branch (ECA/A/S/X), Department of State, SA-44, Room 349, 301 Fourth Street, SW., Washington, DC 20547. • *Fax:* 202.453.8890. • *Hand Delivery or Courier:* Same as mail address. You must include the DS form number (if applicable), information collection title, and OMB control number in any correspondence. FOR FURTHER INFORMATION CONTACT: Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed information collection and supporting documents, to Ruta Chagnon, Program Officer (ECA/A/S/X); Department of State, SA-44, Room 349, 301 Fourth Street, SW., Washington, DC 20547, who may be reached on 202.453.8645 or at *ChagnonRX@state.gov* . SUPPLEMENTARY INFORMATION: We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary for the proper performance of our functions. • Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of technology. Abstract of Proposed Collection Under the Mutual Educational and Cultural Exchange (Fulbright-Hays) Act of 1961, as amended, the Fulbright Teacher Exchange Program offers academic year exchanges and seminar opportunities to U.S. educators. The data collected is used to determine whether prospective candidates are qualified for participation in and/or eligible to host international participants of the program. Methodology Applicants submit either a paper or electronic application to ECA. The receiving office enters the data for retention and program use as appropriate. Dated: April 30, 2008. Sheldon Yuspeh, Executive Director, ECA/IIP, Department of State. [FR Doc. E8-11766 Filed 5-23-08; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF STATE [Public Notice 6234] In the Matter of the Amended Designations of Islamic Jihad Group (IJG), a.k.a. Jama'at al-Jihad, a.k.a. the Libyan Society, a.k.a. the Kazakh Jama'at, a.k.a. the Jamaat Mojahedin, a.k.a. Jamiyat, a.k.a. Jamiat al-Jihad al-Islami, a.k.a. Dzhamaat Modzhakhedov, a.k.a. Islamic Jihad Group of Uzbekistan, a.k.a. al-Djihad al-Islami as a Foreign Terrorist Organization Pursuant to Section 219 of the Immigration and Nationality Act and Pursuant to Section 1(b) of Executive Order 13224 Based upon a review of the administrative record assembled in this matter, and in consultation with the Attorney General and the Secretary of the Treasury, I have concluded that there is a sufficient factual basis to find that the Islamic Jihad Group is now known as Islamic Jihad Union (IJU), a.k.a. Islomiy Jihod Ittihodi, and that the relevant circumstances described in Section 219(a)(1) of the Immigration and Nationality Act, as amended (the “INA”) (8 U.S.C. 1189(a)(1)), and in Section 1(b) of Executive Order 13224, as amended (“E.O. 13224”), still exist with respect to that organization. Therefore, I hereby further amend the designation of that organization as a foreign terrorist organization, pursuant to Section 219(a)(4)(B) of the INA (8 U.S.C. 1189(a)(4)(B)), and further amend the 2005 designation of that organization pursuant to Section 1(b) of E.O. 13224, to include the following new names: Islamic Jihad Union (IJU), a.k.a Islomiy Jihod Ittihodi, a.k.a. Ittihad al-Jihad al-Islami. Consistent with the determination in section 10 of E.O. 13224 that “prior notice to persons determined to be subject to the Order who might have a constitutional presence in the United States would render ineffectual the blocking and other measures authorized in the Order because of the ability to transfer funds instantaneously,” I determine that no prior notice needs to be provided to any person subject to this determination who might have a constitutional presence in the United States, because to do so would render ineffectual the measures authorized in the Order. Dated: April 29, 2008. Condoleezza Rice, Secretary of State, Department of State. [FR Doc. E8-11772 Filed 5-23-08; 8:45 am] BILLING CODE 4710-10-P DEPARTMENT OF STATE [Public Notice 6236] Culturally Significant Objects Imported for Exhibition Determinations: “Sur Le Motif: Painting in Nature Around 1800” and Additional Art Objects From the Netherlands *Summary:* Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, *et seq.* ; 22 U.S.C. 6501 note, *et seq.* ), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition “Sur Le Motif: Painting in Nature Around 1800” to be displayed at The J. Paul Getty Museum, Los Angeles, and additional objects to be displayed in the Museum's permanent collection, imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit and additional objects at The J. Paul Getty Museum, Los Angeles, California, from on or about June 16, 2008, until on or about May 31, 2009, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the **Federal Register** . For Further Information Contact: For further information, including a list of the exhibit objects, contact Wolodymyr Sulzynsky, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202/453-8050). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001. Dated: May 16, 2008. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E8-11769 Filed 5-23-08; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2008-0107, Notice 1] Spyker Automobielen B.V.; Receipt of Application for Limited Extension of Temporary Exemption From Certain Requirements of FMVSS No. 208 AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice of receipt of petition for limited extension of a Temporary Exemption from provisions of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, *Occupant Crash Protection* . SUMMARY: In accordance with the procedures of 49 CFR Part 555, Spyker Automobielen B.V. (“Spyker”) has applied for a limited extension of a previously received temporary exemption from certain requirements of FMVSS No. 208, *Occupant Crash Protection* , for the Spyker C8 vehicle line. Spyker requests extension of its temporary exemption for certain advanced air bag requirements. The basis of the application is that compliance would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard. NHTSA is publishing this notice of receipt of the application in accordance with the requirements of 49 U.S.C. 30113(b)(2), and has made no judgment on the merits of the application. DATES: You should submit your comments not later than June 26, 2008. *Comments:* We invite you to submit comments on the application described below. You may submit comments identified by docket number in the heading of this notice by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* . Follow the online instructions for submitting comments. • *Mail:* DOT Docket Management Facility, M-30, U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery or Courier:* U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • *Fax:*
(202)493-2251. *Instructions:* All submissions must include the agency name and docket number. Note that all comments received will be posted without change to *http://www.regulations.gov* , including any personal information provided. *Privacy Act:* Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78). *Docket:* For access to the docket in order to read background documents or comments received, go to *http://www.regulations.gov* at any time, or to M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20950, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. *Confidential Business Information:* If you wish to submit any information under a claim of confidentiality, you should submit three copies of your complete submission, including the information you claim to be confidential business information, to the Chief Counsel, NHTSA, at the address given under FOR FURTHER INFORMATION CONTACT . In addition, you should submit two copies, from which you have deleted the claimed confidential business information, to Docket Management at the address given above. When you send a comment containing information claimed to be confidential business information, you should include a cover letter setting forth the information specified in our confidential business information regulation (49 CFR part 512). FOR FURTHER INFORMATION CONTACT: Sarah Alves, Office of the Chief Counsel, NCC-112, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. Phone: 202-366-2992; Fax: 202-366-3820; E-Mail: *sarah.alves@dot.gov* . Discussion I. Advanced Air Bag Requirements and Small Volume Manufacturers In 2000, NHTSA upgraded the requirements for air bags in passenger cars and light trucks, requiring what are commonly known as “advanced air bags.” 1 The upgrade was designed to meet the goals of improving protection for occupants of all sizes, belted and unbelted, in moderate-to-high-speed crashes, and of minimizing the risks posed by air bags to infants, children, and other occupants, especially in low-speed crashes. 1 *See* 65 FR 30680 (May 12, 2000). The advanced air bag requirements were a culmination of a comprehensive plan that the agency announced in 1996 to address the adverse effects of air bags. This plan also included an extensive consumer education program to encourage the placement of children in rear seats. The new requirements were phased in beginning with the 2004 model year. Small volume manufacturers were not subject to the advanced air bag requirements until September 1, 2006, but their efforts to bring their respective vehicles into compliance with these requirements began several years earlier. However, because the new requirements were challenging, major air bag suppliers concentrated their efforts on working with large volume manufacturers, and thus, until recently, small volume manufacturers had limited access to advanced air bag technology. Because of the nature of the requirements for protecting out-of-position occupants, “off-the-shelf” systems could not be readily adopted. Further complicating matters, because small volume manufacturers build so few vehicles, the costs of developing custom air bag systems compared to potential benefits discouraged some air bag suppliers from working with small volume manufacturers. The agency has carefully tracked occupant fatalities resulting from air bag deployment. Our data indicate that the agency's efforts in the area of consumer education and manufacturers' providing depowered air bags were successful in reducing air bag fatalities even before advanced air bag requirements were implemented. As always, we are concerned about the potential safety implication of any temporary exemptions granted by this agency. In the present case, we are seeking comments on a petition for a limited extension of a temporary exemption for certain advanced air bag requirements submitted by a manufacturer of high-performance sports cars. II. Overview of Petition for Economic Hardship Exemption In accordance with 49 U.S.C. 30113 and the procedures in 49 CFR part 555, Spyker has petitioned the agency for a limited extension of a temporary exemption from certain requirements of FMVSS No. 208. The basis for the application is that compliance would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard. The requested exemption would apply to the Spyker C8 vehicle line and would extend a portion of the original exemption for a period of 30 months beginning on June 15, 2008, ending on December 15, 2010. The requested extension would apply to certain advanced air bag requirements, specifically the requirements in S19, S21, S23, and S25. A copy of the petition 2 is available for review and has been placed in the docket of this notice. 2 The company requested confidential treatment under 49 CFR part 512 for certain business and financial information submitted as part of its petition for temporary exemption. Accordingly, the information placed in the docket does not contain such information that the agency has determined to be confidential. III. Statutory Background for Economic Hardship Exemption A manufacturer is eligible to apply for a hardship exemption if its total motor vehicle production in its most recent year of production did not exceed 10,000 vehicles, as determined by the NHTSA Administrator (49 U.S.C. 30113). In determining whether a manufacturer of a vehicle meets that criterion, NHTSA considers whether a second vehicle manufacturer also might be deemed the manufacturer of that vehicle. The statutory provisions governing motor vehicle safety (49 U.S.C. Chapter 301) do not include any provision indicating that a manufacturer might have substantial responsibility as manufacturer of a vehicle simply because it owns or controls a second manufacturer that assembled that vehicle. However, the agency considers the statutory definition of “manufacturer” (49 U.S.C. 30102(a)(5)) to be sufficiently broad to include sponsors, depending on the circumstances. Thus, NHTSA has stated that a manufacturer may be deemed to be a sponsor and thus a manufacturer of a vehicle assembled by a second manufacturer if the first manufacturer had a substantial role in the development and manufacturing process of that vehicle. IV. Petition *Background* . A manufacturer is eligible to apply for a hardship exemption if its total motor vehicle production in its most recent year of production does not exceed 10,000, as determined by the NHTSA Administrator (15 U.S.C. 1410(d)(1)). Spyker manufactured 94 automobiles in 2006 and estimated a total production of 106 automobiles in 2007. Sixty Spyker automobiles were imported into the U.S. in 2006, and Spyker projects that U.S. imports will total 70 Spyker automobiles in 2007. Spyker is a wholly owned subsidiary of Spyker Cars NV, a publicly traded Dutch company. Spyker stated that it is unaware of any other automobile manufacturer having an ownership interest in Spyker. 3 Moreover, Spyker stated that Spyker Cars NV has no ownership interest in any other vehicle manufacturer, and is not under any common control with another automobile manufacturer. 3 Only parties with an interest of more than 5% are known and need to register with the Dutch authority for financial markets. In July 2005, NHTSA granted Spyker a three-year hardship exemption from the “basic” air bag requirements and advanced air bag provisions of FMVSS No. 208 (S4.1.5.3; S14), and Part 581, expiring on June 15, 2008 (70 FR 39007; July 6, 2005). In this same grant, NHTSA also exempted Spyker from S7 of FMVSS No. 108, for the first 10 Spyker C8 vehicles imported into the United States. *Requested exemption* . Spyker has applied for a limited extension of that exemption. Spyker requested an additional 30 months for the exemption from the child and 5th percentile adult female driver out-of-position portions of the advanced air bag provisions of FMVSS No. 208 (S19, S21, S23, and S25). 4 Spyker's current exemption extends until June 15, 2008, and Spyker requested a two-and-a-half year extension that would exempt Spyker's C8 vehicle line from the listed advanced air bag requirements through December 15, 2010. 5 4 The previous exemption covered these provisions by including S14. 5 Spyker submitted a supplement to their petition on April 7, 2008, which will be posted in this docket, and which included updated financial information from 2007. *Economic hardship* . Spyker stated that its previously established financial hardship 6 continues, in part due to the start-up nature of the company. Specifically, Spyker's financial information submission showed a net operating loss of 13,000,000 Euros ($16,900,000) from 2004 to 2006. Spyker projected a further loss in 2007 of 6,500,000 Euros ($8,450,000). 7 Moreover, based on 2008-2010 projections, Spyker estimated that if the limited extension is denied, Spyker will bear a loss of over 2,000,000 Euros ($2,600,000) during that time. Spyker also stated that the loss of sales in the U.S. that would result if the limited extension is denied could not be made up in the rest of the world because the U.S. is the largest and most important market for the vehicle. Spyker argued that such consequences demonstrate “substantial economic hardship” within the meaning of 49 U.S.C. 30113(b)(3)(B)(i). 6 *See* 70 FR 39007 (July 6, 2005). 7 All dollar values are based on an exchange rate of 1 Euro = $1.30. Spyker recently submitted to NHTSA a supplement to their petition because Spyker recently updated its accounts for 2007. Spyker stated in its supplement to its petition that 2007 losses now total 16,000,000 Euros ($20,800,000), and stated that this higher number was due to their parent company having sold its interest in its Formula 1 (“F1”) racing team, and extraordinary financing and consulting costs. Spyker stated in this supplement to its petition that the new financial statement information is in further support of the substantial economic hardship criterion. Both Spyker's original petition and its recently filed supplement to the petition are available in this docket. *Good faith efforts to comply* . Spyker stated that when it filed for the original exemption, the C8 vehicle line had no air bag system at all, and that the windshield design does not permit a top-mounted air bag on the passenger side, thereby precluding the use of a low risk deployment system. Spyker indicated that it has spent over 3,500,000 Euros bringing the C8 vehicle line into compliance with all of the high-speed belted and unbelted crash test requirements of the Advanced Air Bag rule by developing an “interim” driver air bag system for the C vehicle line. However, it stated that it has not been able to bring the vehicle into compliance with the child out-of-position requirements (S19, S21, and S23), and the 5th percentile adult female out-of-position requirements for the driver seat (S25). Spyker stated that despite efforts to involve numerous potential suppliers, it has not identified any that are willing to work with the company to develop an automatic suppression system for compliance with S19, S21, and S23. Spyker has budgeted an additional 3,500,000 Euros for 2008-2010 to develop, test and build a fully-compliant advanced air bag system for the new C line vehicle. Spyker also indicated that by the time its new D vehicle line is launched, Spyker will have spent 5,500,000 Euros developing for this new line an advanced air bag system fully compliant with FMVSS No. 208. Spyker further indicated that it plans to re-engineer the C vehicle line for model year 2011, at which time the D line advanced air bag system will be incorporated into the new C line, making the redesigned C line fully compliant with all advanced air bag requirements. Spyker stated that it will use the 30 month extension period, if granted, to develop, test, tool and implement the redesigned model. *Spyker argues that an exemption would be in the public interest* . The petitioner put forth several arguments in favor of a finding that the requested exemption is consistent with the public interest and would not have a significant adverse impact on safety. Specifically: 1. Spyker stated that the exempted vehicles will comply with all FMVSSs other than the provisions that are the subject of this extension request. 2. The petitioner stated that an exemption will benefit U.S. employment and U.S. companies because Spyker vehicles are distributed by a U.S. company, Spyker of North America, and are sold and serviced in the U.S. through a network of 17 dealers. Spyker argued that denial of an extension will negatively impact these companies. 3. Spyker argued that if the exemption is not granted, U.S. consumer choice would be harmed and that the agency has long maintained that the National Traffic and Motor Vehicle Safety Act seeks, if possible, to avoid limiting consumer choice. 4. Petitioner argued that given its exotic design and high-performance nature, the C vehicle line is not expected to be used extensively, nor is it expected to carry children with any frequency. 5. Spyker stated that as of the submission date of its application for extension, approximately 60 exempted C line Spykers have been imported into the U.S. and there have been no reports of any air bag-related injuries. 6. Spyker stated that an important safety feature on the C line offers enhanced occupant protection. The petitioner stated that occupants are positioned in a protective “cell” because the main chassis structure is built around them. V. Issuance of Notice of Final Action We are providing a 30-day comment period. After considering public comments and other available information, we will publish a notice of final action on the application in the **Federal Register** . Issued on: May 19, 2008. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E8-11699 Filed 5-23-08; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request May 20, 2008. The Department of the Treasury will submit the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13 on or after the date of publication of this notice. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11000, 1750 Pennsylvania Avenue, NW., Washington, DC 20220. DATES: Written comments should be received on or before June 26, 2008, to be assured of consideration. Financial Management Service
(FMS)*OMB Number:* 1510-0004. *Type of Review:* Extension. *Title:* Schedule of Excess Risks. *Form:* FMS-285-A. *Description:* Listing of Excess Risks written or assumed by Treasury Certified Companies for compliance with Treasury Regulations to assist in determination of solvency of Certified companies for the benefit of writing Federal surety bonds. *Respondents:* Businesses or other for-profit institutions. *Estimated Total Burden Hours:* 5,780 hours. *OMB Number:* 1510-0047. *Type of Review:* Extension. *Title:* List of Data
(A)and List of Data (B). *Form:* TFS-2211. *Description:* Information from insurance companies to provide Treasury a basis to determine acceptability of companies applying for a Certificate of Authority to write or reinsure Federal surety bonds or as an Admitted Reinsurer (not on excess risks to U.S.). *Respondents:* Businesses or other for-profit institutions. *Estimated Total Burden Hours:* 540 hours. *OMB Number:* 1510-0061. *Type of Review:* Extension. *Title:* CMIA Annual Report and Interest Calculation Cost Claims. *Form:* FMS-285-A. *Description:* Pub. L. 101-453 requires that States and Territories must report interest liabilities for major Federal assistance programs annually. States and Territories may report interest calculation cost claims for compensation of administrative costs. *Respondents:* State, Local, or Tribal Governments. *Estimated Total Burden Hours:* 22,036 hours. *Clearance Officer:* Wesley Powe,
(202)874-7662, Financial Management Service, Room 135, 3700 East West Highway, Hyattsville, MD 20782. *OMB Reviewer:* Alexander T. Hunt,
(202)395-7316, Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503. Robert B. Dahl, Treasury PRA Clearance Officer. [FR Doc. E8-11681 Filed 5-23-08; 8:45 am] BILLING CODE 4810-35-P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Additional Designation of Entities Pursuant to Executive Order 12978 AGENCY: Office of Foreign Assets Control, Treasury. ACTION: Notice. SUMMARY: The Treasury Department's Office of Foreign Assets Control (“OFAC”) is publishing the names of 12 newly-designated entities whose property and interests in property are blocked pursuant to Executive Order 12978 of October 21, 1995, “Blocking Assets and Prohibiting Transactions with Significant Narcotics Traffickers.” In addition, OFAC is publishing changes to the identifying information associated with nine persons previously designated pursuant to Executive Order 12978. DATES: The designation by the Director of OFAC of the 12 entities identified in this notice pursuant to Executive Order 12978 is effective on May 20, 2008. FOR FURTHER INFORMATION CONTACT: Assistant Director, Compliance Outreach & Implementation, Office of Foreign Assets Control, Department of the Treasury, Washington, DC 20220, tel.: 202/622-2490. SUPPLEMENTARY INFORMATION: Electronic and Facsimile Availability This document and additional information concerning OFAC are available from OFAC's Web site ( *http://www.treas.gov/ofac* ) or via facsimile through a 24-hour fax-on-demand service, tel.:
(202)622-0077. Background On October 21, 1995, the President, invoking the authority, *inter alia* , of the International Emergency Economic Powers Act (50 U.S.C. 1701-1706), issued Executive Order 12978 (60 Fed. Reg. 54579, October 24, 1995) (the “Order”). In the Order, the President declared a national emergency to deal with the threat posed by significant foreign narcotics traffickers centered in Colombia and the harm that they cause in the United States and abroad. Section 1 of the Order blocks, with certain exceptions, all property and interests in property that are in the United States, or that hereafter come within the United States or that are or hereafter come within the possession or control of United States persons, of:
(1)The persons listed in an Annex to the Order;
(2)any foreign person determined by the Secretary of Treasury, in consultation with the Attorney General and Secretary of State, to play a significant role in international narcotics trafficking centered in Colombia; or
(3)to materially assist in, or provide financial or technological support for or goods or services in support of, the narcotics trafficking activities of persons designated in or pursuant to this order; and
(4)persons determined by the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State, to be owned or controlled by, or to act for or on behalf of, persons designated pursuant to this Order. On May 20, 2008, the Director of OFAC, in consultation with the Attorney General and Secretary of State, as well as the Secretary of Homeland Security, designated 12 entities whose property and interests in property are blocked pursuant to the Order. The list of additional designees is as follows: 1. A K DIFUSION S.A. PUBLICIDAD Y MERCADEO, Calle 28N No. 6BN-54, Cali, Colombia; NIT # 900015699-8 (Colombia) [SDNT]. 2. A K EDUCAL S.A. EDUCACION CON CALIDAD, Calle 28N No. 6BN-54, Cali, Colombia; NIT # 900015704-7 (Colombia) [SDNT]. 3. ADMINISTRACION DE RECURSOS FINANCIEROS E.U. (a.k.a. AFIN E.U.), Calle 20N No. 6AN-19 ofc. 67-68, Cali, Colombia; NIT # 805013294-5 (Colombia) [SDNT]. 4. ARTURO QUINONEZ LTDA. (a.k.a. RESTAURANTE SANTA COLOMBIA), Calle 10 No. 46-120, Cali, Colombia; NIT # 900093492-3 (Colombia) [SDNT]. 5. B R C S.A. (a.k.a. BARRERA RIOS CAMACHO ADMINISTRACION Y FINANZAS S.A.), Calle 28N No. 6BN- 54, Cali, Colombia; NIT # 900021843-7 (Colombia) [SDNT]. 6. COMERCIALIZADORA CGQ LTDA. (a.k.a. CENTROPARTES CALI), Carrera 18 No. 9-24, Cali, Colombia; NIT # 805029062-3 (Colombia) [SDNT]. 7. GRUPO INVERSOR PRINCIPE DE VERGARA S.L., Calle Jarilla, 5-Pis 4 B, Madrid 28043, Spain; C.I.F. B84758374 (Spain) [SDNT]. 8. LA HOLANDA S.A., Calle 23C No. 3BISN-26, Cali, Colombia; NIT # 805025864-5 (Colombia) [SDNT]. 9. PROMOTORES DE BIENES RAICES S.A. (a.k.a. PROMOBIENES S.A.), Calle 20N No. 6AN-19 ofc. 67, Cali, Colombia; NIT # 805001651-1 (Colombia) [SDNT]. 10. RIOS JIMENEZ S. EN C.S., Carrera 18 No. 38-35, Bogota, Colombia; NIT # 830007478-1 (Colombia) [SDNT]. 11. SERPROVIS S.A. SERVICIOS Y PROVISIONES, Calle 28N No. 6BN-54, Cali, Colombia; NIT # 900023730-2 (Colombia) [SDNT]. 12. VALERO Y ASOCIADOS GABINETE JURIDICO S.L., Paseo Alameda, 60, Valencia 46023, Spain; C.I.F. B97393029 (Spain) [SDNT]. In addition, OFAC has made changes to the identifying information associated with the following nine persons previously designated pursuant to the Order: 1. BARRERA RIOS, Alfonso, c/o ALFONSO BARRERA RIOS Y CIA S. EN C.S., Cali, Colombia; c/o APVA S.A., Cali, Colombia; c/o BARRERA RIOS NEGOCIOS INMOBILIARIOS E.U., Cali, Colombia; c/o CECEP EDITORES S.A., Cali, Colombia; c/o CECEP S.A., Cali, Colombia; c/o ENSAMBLADORA COLOMBIANA AUTOMOTRIZ S.A., Barranquilla, Colombia; c/o NEGOCIOS Y CAPITALES S.A., Pereira, Colombia; c/o WORLD LINE SYSTEM S.A., Palmira, Valle, Colombia; Calle 14 Oeste No. 2B1-45 apto. 302E, Cali, Colombia; DOB 08 Dec 1975; POB Cali, Colombia; Cedula No. 79648943 (Colombia); Passport AJ963037 (Colombia) (individual) [SDNT]. 2. BARRERA RIOS, Alvaro Enrique, c/o ALFONSO BARRERA RIOS Y CIA. S. EN C.S., Cali, Colombia; c/o ALVARO ENRIQUE BARRERA RIOS Y CIA S. EN C.S., Cali, Colombia; c/o APVA S.A., Cali, Colombia; c/o BARRERA RIOS NEGOCIOS INMOBILIARIOS E.U., Cali, Colombia; c/o CECEP EDITORES S.A., Cali, Colombia; c/o CECEP S.A., Cali, Colombia; c/o COMERCIALIZADORA DE BIENES Y SERVICIOS ADMINISTRATIVOS Y FINANCIEROS S.A., Cali, Colombia; c/o ENSAMBLADORA COLOMBIANA AUTOMOTRIZ S.A., Barranquilla, Colombia; c/o NEGOCIOS Y CAPITALES S.A., Pereira, Colombia; c/o WORLD LINE SYSTEM S.A., Palmira, Valle, Colombia; Carrera 54A No. 5A-21, Cali, Colombia; DOB 05 Dec 1968; POB Cali, Colombia; Cedula No. 16758185 (Colombia); Passport AJ149349 (Colombia) (individual) [SDNT]. 3. BARRERA RIOS, Victoria Eugenia, c/o ALFONSO BARRERA RIOS Y CIA. S. EN C.S., Cali, Colombia; c/o APVA S.A., Cali, Colombia; c/o CECEP EDITORES S.A., Cali, Colombia; c/o CECEP S.A., Cali, Colombia; c/o ENSAMBLADORA COLOMBIANA AUTOMOTRIZ S.A., Barranquilla, Colombia; c/o NEGOCIOS Y CAPITALES S.A., Pereira, Colombia; c/o WORLD LINE SYSTEM S.A., Palmira, Valle, Colombia; Transversal 18 No. 127-43 Torre 4 apto. 1201, Bogota, Colombia; DOB 11 Dec 1970; POB Cali, Colombia; Cedula No. 66818996 (Colombia); Passport AI939751 (Colombia) (individual) [SDNT]. 4. ESPITIA ORTIZ, Mauricio Arturo (a.k.a. SPITIA, Mauricio), c/o ESVA S.C.S., Cali, Colombia; c/o M S CONSTRUCTORES LTDA., Cali, Colombia; c/o SPITIA VALENCIA LTDA., Cali, Colombia; c/o ARQUITECTOS UNIDOS LTDA., Cali, Colombia; Carrera 25 F No. 7-15 Oeste, Cali, Colombia; Carrera 42 No. 8-36, Cali, Colombia; Spain; DOB 29 Dec 1959; POB Barranquilla, Colombia; Cedula No. 16634827 (Colombia); Passport AJ424421 (Colombia) (individual) [SDNT]. 5. QUINONES, Benedicto (a.k.a. QUINONEZ, Benedicto), c/o QUINONES MELO Y CIA. LTDA., Cali, Colombia; DOB 25 Jun 1946; POB Cali, Colombia; Cedula No. 14934266 (Colombia); Passport 14934266 (Colombia) (individual) [SDNT]. 6. ROSERO ANGULO, German, Mexico; Calle 40 No. 27-59, Cali, Colombia; DOB 07 Oct 1964; POB Ipiales, Narino, Colombia; Cedula No. 16708846 (Colombia); Passport AF832289 (Colombia) (individual) [SDNT]. 7. VALERO JIMENEZ, Alejandro, c/o UNIDAD CARDIOVASCULAR LTDA., Cali, Colombia; Transversal 18 No. 102-42 apto. 401, Bogota, Colombia; 826 SW Canary Terrace, Port St. Lucie, FL 34953; DOB 25 Oct 1967; POB Cali, Colombia; Cedula No. 16746340 (Colombia); Passport P059298 (Colombia) (individual) [SDNT]. 8. VALERO JIMENEZ, Luis Hernan, Avenida 4N No. 19N-34, Cali, Colombia; Spain; DOB 22 Sep 1965; Cedula No. 16723237 (Colombia); Passport 16723237 (Colombia) (individual) [SDNT]. 9. VALERO SANCHEZ, Francisco Javier, c/o ASESORIAS OCUPACIONALES LTDA., Cali, Colombia; c/o UNIDAD CARDIOVASCULAR LTDA., Cali, Colombia; Cedula No. 2436976 (Colombia) (individual) [SDNT]. The listings now appear as the following: 1. BARRERA RIOS, Alfonso, c/o ALFONSO BARRERA RIOS Y CIA S. EN C.S., Cali, Colombia; c/o APVA S.A., Cali, Colombia; c/o BARRERA RIOS NEGOCIOS INMOBILIARIOS E.U., Cali, Colombia; c/o CECEP EDITORES S.A., Cali, Colombia; c/o CECEP S.A., Cali, Colombia; c/o ENSAMBLADORA COLOMBIANA AUTOMOTRIZ S.A., Barranquilla, Colombia; c/o NEGOCIOS Y CAPITALES S.A., Pereira, Colombia; c/o WORLD LINE SYSTEM S.A., Palmira, Valle, Colombia; Calle 14 Oeste No. 2B1-45 apto. 302E, Cali, Colombia; c/o A K DIFUSION S.A. PUBLICIDAD Y MERCADEO, Cali, Colombia; c/o A K EDUCAL S.A. EDUCACION CON CALIDAD, Cali, Colombia; c/o B R C S.A., Cali, Colombia; c/o SERPROVIS S.A. SERVICIOS Y PROVISIONES, Cali, Colombia; DOB 08 Dec 1975; POB Cali, Colombia; Cedula No. 79648943 (Colombia); Passport AJ963037 (Colombia) (individual) [SDNT]. 2. BARRERA RIOS, Alvaro Enrique, c/o ALFONSO BARRERA RIOS Y CIA. S. EN C.S., Cali, Colombia; c/o ALVARO ENRIQUE BARRERA RIOS Y CIA S. EN C.S., Cali, Colombia; c/o APVA S.A., Cali, Colombia; c/o BARRERA RIOS NEGOCIOS INMOBILIARIOS E.U., Cali, Colombia; c/o CECEP EDITORES S.A., Cali, Colombia; c/o CECEP S.A., Cali, Colombia; c/o COMERCIALIZADORA DE BIENES Y SERVICIOS ADMINISTRATIVOS Y FINANCIEROS S.A., Cali, Colombia; c/o ENSAMBLADORA COLOMBIANA AUTOMOTRIZ S.A., Barranquilla, Colombia; c/o NEGOCIOS Y CAPITALES S.A., Pereira, Colombia; c/o WORLD LINE SYSTEM S.A., Palmira, Valle, Colombia; Carrera 54A No. 5A-21, Cali, Colombia; c/o A K DIFUSION S.A. PUBLICIDAD Y MERCADEO, Cali, Colombia; c/o A K EDUCAL S.A. EDUCACION CON CALIDAD, Cali, Colombia; c/o B R C S.A., Cali, Colombia; c/o SERPROVIS S.A. SERVICIOS Y PROVISIONES, Cali, Colombia; DOB 05 Dec 1968; POB Cali, Colombia; Cedula No. 16758185 (Colombia); Passport AJ149349 (Colombia) (individual) [SDNT]. 3. BARRERA RIOS, Victoria Eugenia, c/o ALFONSO BARRERA RIOS Y CIA. S. EN C.S., Cali, Colombia; c/o APVA S.A., Cali, Colombia; c/o CECEP EDITORES S.A., Cali, Colombia; c/o CECEP S.A., Cali, Colombia; c/o ENSAMBLADORA COLOMBIANA AUTOMOTRIZ S.A., Barranquilla, Colombia; c/o NEGOCIOS Y CAPITALES S.A., Pereira, Colombia; c/o WORLD LINE SYSTEM S.A., Palmira, Valle, Colombia; Transversal 18 No. 127-43 Torre 4 apto. 1201, Bogota, Colombia; c/o A K DIFUSION S.A. PUBLICIDAD Y MERCADEO, Cali, Colombia; c/o A K EDUCAL S.A. EDUCACION CON CALIDAD, Cali, Colombia; c/o B R C S.A., Cali, Colombia; c/o RIOS JIMENEZ S. EN C.S., Bogota, Colombia; c/o SERPROVIS S.A. SERVICIOS Y PROVISIONES, Cali, Colombia; DOB 11 Dec 1970; POB Cali, Colombia; Cedula No. 66818996 (Colombia); Passport AI939751 (Colombia) (individual) [SDNT]. 4. ESPITIA ORTIZ, Mauricio Arturo (a.k.a. SPITIA, Mauricio), c/o ESVA S.C.S., Cali, Colombia; c/o M S CONSTRUCTORES LTDA., Cali, Colombia; c/o SPITIA VALENCIA LTDA., Cali, Colombia; c/o ARQUITECTOS UNIDOS LTDA., Cali, Colombia; Carrera 25 F No. 7-15 Oeste, Cali, Colombia; Carrera 42 No. 8-36, Cali, Colombia; Spain; c/o GRUPO INVERSOR PRINCIPE DE VERGARA S.L., Madrid, Spain; Calle Ayala 64 3 Iz., Madrid 28001, Spain; DOB 29 Dec 1959; POB Barranquilla, Colombia; Cedula No. 16634827 (Colombia); Passport AJ424421 (Colombia) (individual) [SDNT]. 5. QUINONES, Benedicto (a.k.a. QUINONEZ, Benedicto), c/o QUINONES MELO Y CIA. LTDA., Cali, Colombia; c/o ARTURO QUINONEZ LTDA., Cali, Colombia; c/o COMERCIALIZADORA CGQ LTDA., Cali, Colombia; Calle 12A No. 107-25 No. 2, Cali, Colombia; DOB 25 Jun 1946; POB Cali, Colombia; Cedula No. 14934266 (Colombia); Passport 14934266 (Colombia) (individual) [SDNT]. 6. ROSERO ANGULO, German, Mexico; Calle 40 No. 27-59, Cali, Colombia; c/o LA HOLANDA S.A., Cali, Colombia; DOB 07 Oct 1964; POB Ipiales, Narino, Colombia; Cedula No. 16708846 (Colombia); Passport AF832289 (Colombia) (individual) [SDNT]. 7. VALERO JIMENEZ, Alejandro, c/o UNIDAD CARDIOVASCULAR LTDA., Cali, Colombia; Transversal 18 No. 102-42 apto. 401, Bogota, Colombia; 826 SW Canary Terrace, Port St. Lucie, FL 34953; c/o ADMINISTRACION DE RECURSOS FINANCIEROS E.U., Cali, Colombia; c/o PROMOTORES DE BIENES RAICES S.A., Cali, Colombia; DOB 25 Oct 1967; POB Cali, Colombia; Cedula No. 16746340 (Colombia); Passport P059298 (Colombia) (individual) [SDNT]. 8. VALERO JIMENEZ, Luis Hernan, Avenida 4N No. 19N-34, Cali, Colombia; Spain; c/o VALERO Y ASOCIADOS GABINETE JURIDICO S.L., Valencia, Spain; Paseo Murviedro Monte Picayo, No. 14, Pucol, Valencia, Spain; DOB 22 Sep 1965; Cedula No. 16723237 (Colombia); Passport 16723237 (Colombia) (individual) [SDNT]. 9. VALERO SANCHEZ, Francisco Javier, c/o ASESORIAS OCUPACIONALES LTDA., Cali, Colombia; c/o UNIDAD CARDIOVASCULAR LTDA., Cali, Colombia; c/o PROMOTORES DE BIENES RAICES S.A., Cali, Colombia; Cedula No. 2436976 (Colombia) (individual) [SDNT]. Dated: May 20, 2008. Adam J. Szubin, Director, Office of Foreign Assets Control. [FR Doc. E8-11679 Filed 5-23-08; 8:45 am] BILLING CODE 4811-45-P DEPARTMENT OF THE TREASURY Internal Revenue Service Federally Funded Research and Development Center AGENCY: Internal Revenue Service (IRS), Treasury. National Office Procurement. ACTION: Notice. SUMMARY: The Internal Revenue Service
(IRS)and The Department of Veterans Affairs
(VA)executed a Memorandum of Understanding
(MOU)on February 7, 2008 to designate VA as a Co-Sponsor of the Federally Funded Research and Development Center (FFRDC), titled The Center for Enterprise Modernization (CEM). CEM is operated by The MITRE Corporation (MITRE). IRS remains the primary sponsor of this enterprise systems engineering and integration FFRDC; VA is a Co-Sponsor. VA has determined that it requires an FFRDC mission partner to assist in the achievement of its strategic and business enterprise modernization goals and the IRS FFRDC meets this need. DATES: The Agency must receive comments on or before June 26, 2008. ADDRESSES: Comments may be submitted by one of the following methods: Mail to: 6009 Oxon Hill Road, Suite 500, Oxon Hill, MD, attn: Carol Gentry, subject: Co-Sponsor Comments, or e-mail to *Carol.A.Gentry@irs.gov,* subject: Co-Sponsor Comments. FOR FURTHER INFORMATION CONTACT: For further information contact Carol Gentry at *Carol.A.Gentry@irs.gov.* Carol A. Gentry, Contracting Officer, Internal Revenue Service. [FR Doc. E8-11654 Filed 5-23-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Ad Hoc IRS Forms and Publications/Language Services Issue Committee of the Taxpayer Advocacy Panel AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of Meeting. SUMMARY: An open Meeting of the Ad Hoc IRS Forms and Publications/Language Services Issue Committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Tuesday, July 1, 2008. FOR FURTHER INFORMATION CONTACT: Sallie Chavez at 1-888-912-1227 or 954-423-7979. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988), that an open meeting of the Ad Hoc IRS Forms and Publications/Language Services Issue Committee of the Taxpayer Advocacy Panel will be held Tuesday, July 1, 2008, at 2:00 p.m. Eastern Time via a telephone conference call. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 954-423-7979, or write Sallie Chavez, TAP Office, 1000 South Pine Island Road, Suite 340, Plantation, FL 33324. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Sallie Chavez. Ms. Chavez can be reached at 1-888-912-1227 or 954-423-7977, or you can post comments to the Web site: *http://www.improveirs.org.* The agenda will include: Various IRS issues. Dated: May 15, 2008. Richard Morris, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-11683 Filed 5-23-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Area 1 Taxpayer Advocacy Panel (Including the States of New York, Connecticut, Massachusetts, Rhode Island, New Hampshire, Vermont and Maine) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of Meeting. SUMMARY: An open meeting of the Area 1 Taxpayer Advocacy Panel will be conducted via telephone conference call. The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Tuesday, July 15, 2008. FOR FURTHER INFORMATION CONTACT: Audrey Y. Jenkins at 1-888-912-1227 or 718-488-2085. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that an open meeting of the Area 1 Taxpayer Advocacy Panel will be held Tuesday, July 15, 2008, at 9 a.m., Eastern Time via a telephone conference call. For more information or to confirm attendance, notification of intent to attend the meeting must be made with Audrey Y. Jenkins at 1-888-912-1227 or 718-488-2085. If you would like to have the TAP consider a written statement, please write Audrey Y. Jenkins, TAP Office, 10 MetroTech Center, 625 Fulton Street, Brooklyn, NY 11201, or you can post comments to the Web site: *http://www.improveirs.org.* The agenda will include various IRS issues. Dated: May 15, 2008. Richard Morris, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-11651 Filed 5-23-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Area 2 Taxpayer Advocacy Panel (Including the States of Delaware, North Carolina, South Carolina, New Jersey, Maryland, Pennsylvania, Virginia, West Virginia and the District of Columbia) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of Meeting. SUMMARY: An open meeting of the Area 2 Taxpayer Advocacy Panel will be conducted via telephone conference call. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Wednesday, July 16, 2008. FOR FURTHER INFORMATION CONTACT: Sallie Chavez at 1-888-912-1227, or 954-423-7979. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that an open meeting of the Area 2 Taxpayer Advocacy Panel will be held Wednesday, July 16, 2008, at 2:30 p.m. Eastern Time via a telephone conference call. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 954-423-7979, or write Sallie Chavez, TAP Office, 1000 South Pine Island Rd., Suite 340, Plantation, FL 33324. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Sallie Chavez. Ms. Chavez can be reached at 1-888-912-1227 or 954-423-7979, or post comments to the Web site: *http://www.improveirs.org.* The agenda will include the following: Various IRS issues. Dated: May 15, 2008. Richard Morris, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-11656 Filed 5-23-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Area 3 Taxpayer Advocacy Panel (Including the States of Florida, Georgia, Alabama, Mississippi, Louisiana, Arkansas, and the Territory of Puerto Rico) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of Meeting. SUMMARY: An open meeting of the Area 3 Taxpayer Advocacy Panel will be conducted via telephone conference call. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Monday, July 21, 2008. FOR FURTHER INFORMATION CONTACT: Sallie Chavez at 1-888-912-1227, or 954-423-7979. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that an open meeting of the Area 3 Taxpayer Advocacy Panel will be held Monday, July 21, 2008, at 12:30 p.m. Eastern Time via a telephone conference call. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 954-423-7979, or write Sallie Chavez, TAP Office, 1000 South Pine Island Rd., Suite 340, Plantation, FL 33324. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Sallie Chavez. Ms. Chavez can be reached at 1-888-912-1227 or 954-423-7979, or post comments to the Web site: *http://www.improveirs.org.* The agenda will include: Various IRS issues. Dated: May 15, 2008. Richard Morris, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-11655 Filed 5-23-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Area 4 Taxpayer Advocacy Panel (Including the States of Illinois, Indiana, Kentucky, Michigan, Ohio, Tennessee, and Wisconsin) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of meeting. SUMMARY: An open meeting of the Area 4 Taxpayer Advocacy Panel will be conducted via telephone conference call. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Tuesday, July 15, 2008. FOR FURTHER INFORMATION CONTACT: Mary Ann Delzer at 1-888-912-1227, or
(414)231-2360. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that a meeting of the Area 4 Taxpayer Advocacy Panel will be held Tuesday, July 15, 2008, at 1 p.m., Central Time via a telephone conference call. You can submit written comments to the panel by faxing the comments to
(414)231-2363, or by mail to Taxpayer Advocacy Panel, Stop 1006MIL, 211 West Wisconsin Avenue, Milwaukee, WI 53203-2221, or you can contact us at *http://www.improveirs.org* . Please contact Mary Ann Delzer at 1-888-912-1227 or
(414)231-2360 for dial-in information. The agenda will include the following: Various IRS issues. Dated: May 15, 2008. Richard Morris, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-11663 Filed 5-23-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Area 5 Taxpayer Advocacy Panel (Including the States of Iowa, Kansas, Minnesota, Missouri, Nebraska, Oklahoma, and Texas) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of Meeting. SUMMARY: An open meeting of the Area 5 Taxpayer Advocacy Panel will be conducted via a telephone conference call. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Tuesday, July 8, 2008. FOR FURTHER INFORMATION CONTACT: Mary Ann Delzer at 1-888-912-1227, or
(414)231-2360. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that a meeting of the Area 5 Taxpayer Advocacy Panel will be held Tuesday, July 8, 2008, at 9:30 a.m. Central Time via a telephone conference call. You can submit written comments to the panel by faxing to
(414)231-2363, or by mail to Taxpayer Advocacy Panel, Stop 1006MIL, 211 West Wisconsin Avenue, Milwaukee, WI 53203-2221, or you can contact us at *http://www.improveirs.org.* Please contact Mary Ann Delzer at 1-888-912-1227 or
(414)231-2360 for dial-in information. The agenda will include the following: Various IRS issues. Dated: May 15, 2008. Richard Morris, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-11680 Filed 5-23-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Area 6 Taxpayer Advocacy Panel (Including the States of Arizona, Colorado, Idaho, Montana, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correction—Notice of Meeting. SUMMARY: This is to correct the **Federal Register** notice that was posted on May 9, 2008. The correct date and time for this meeting is Tuesday, June 10, 2008, from 10 a.m. Pacific Time to 11:30 a.m. Pacific Time. An open meeting of the Area 6 committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel
(TAP)is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. The TAP will use citizen input to make recommendations to the Internal Revenue Service. DATES: The meeting will be held Tuesday, June 10, 2008. FOR FURTHER INFORMATION CONTACT: Dave Coffman at 1-888-912-1227, or 206-220-6096. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that an open meeting of the Area 6 Taxpayer Advocacy Panel will be held Tuesday, June 10, 2008, from 10 a.m. Pacific Time to 11:30 a.m. Pacific Time, via a telephone conference call. The public is invited to make oral comments. Individual comments will be limited to 5 minutes. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 206-220-6096, or write to Dave Coffman, TAP Office, 915 2nd Avenue, MS W-406, Seattle, WA 98174. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Dave Coffman. Mr. Coffman can be reached at 1-888-912-1227 or 206-220-6096, or you can contact us at *http://www.improveirs.org.* The agenda will include the following: Various IRS issues. Dated: May 15, 2008. Richard Morris, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-11661 Filed 5-23-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Area 6 Taxpayer Advocacy Panel (Including the States of Arizona, Colorado, Idaho, Montana, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of Meeting. SUMMARY: An open meeting of the Area 6 committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel
(TAP)is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. The TAP will use citizen input to make recommendations to the Internal Revenue Service. DATES: The meeting will be held Tuesday, July 1, 2008. FOR FURTHER INFORMATION CONTACT: Dave Coffman at 1-888-912-1227, or 206-220-6096. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that an open meeting of the Area 6 Taxpayer Advocacy Panel will be held Tuesday, July 1, 2008, from 1 p.m. Pacific Time to 2:30 p.m. Pacific Time, via a telephone conference call. The public is invited to make oral comments. Individual comments will be limited to 5 minutes. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 206-220-6096, or write to Dave Coffman, TAP Office, 915 2nd Avenue, MS W-406, Seattle, WA 98174. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Dave Coffman. Mr. Coffman can be reached at 1-888-912-1227 or 206-220-6096, or you can contact us at *http://www.improveirs.org* . The agenda will include the following: Various IRS issues. Dated: May 15, 2008. Richard Morris, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-11678 Filed 5-23-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Area 7 Taxpayer Advocacy Panel (Including the States of Alaska, California, Hawaii, and Nevada) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of Meeting. SUMMARY: An open meeting of the Area 7 committee of the Taxpayer Advocacy Panel will be conducted via telephone conference call. The Taxpayer Advocacy Panel
(TAP)is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Wednesday, July 16, 2008. FOR FURTHER INFORMATION CONTACT: Janice Spinks at 1-888-912-1227 or 206-220-6096. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that an open meeting of the Area 7 Taxpayer Advocacy Panel will be held Wednesday, July 16, 2008, at 2 p.m. Pacific Time via a telephone conference call. The public is invited to make oral comments. Individual comments will be limited to 5 minutes. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 206-220-6096, or write to Janice Spinks, TAP Office, 915 2nd Avenue, MS W-406, Seattle, WA 98174. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Janice Spinks. Miss Spinks can be reached at 1-888-912-1227 or 206-220-6096, or you can contact us at *http://www.improveirs.org* . The agenda will include the following: Various IRS issues. Dated: May 15, 2008. Richard Morris, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-11682 Filed 5-23-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Small Business/Self Employed—Taxpayer Burden Reduction Issue Committee of the Taxpayer Advocacy Panel AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of Meeting. SUMMARY: An open meeting of the Taxpayer Advocacy Panel Small Business/Self Employed—Taxpayer Burden Reduction Issue Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Thursday July 10, 2008. FOR FURTHER INFORMATION CONTACT: Marisa Knispel at 1-888-912-1227 or
(718)488-3557. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that a meeting of the Taxpayer Advocacy Panel Small Business/Self Employed—Taxpayer Burden Reduction Issue Committee will be held Thursday, July 10, 2008, at 2 p.m. Eastern Time via a telephone conference call. You can submit written comments to the panel by faxing to
(718)488-2062, or by mail to Taxpayer Advocacy Panel, 10 Metro Tech Center, 625 Fulton Street, Brooklyn, NY 11201, or you can contact us at *http://www.improveirs.org.* Public comments will also be welcome during the meeting. Please contact Marisa Knispel at 1-888-912-1227 or
(718)488-3557 for additional information. The agenda will include the following: Various IRS Issues. Dated: May 15, 2008. Richard Morris, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-11685 Filed 5-23-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Advisory Group to the Internal Revenue Service; Tax Exempt and Government Entities Division (TE/GE); Meeting AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice. SUMMARY: The Advisory Committee on Tax Exempt and Government Entities
(ACT)will hold a public meeting on Wednesday, June 11, 2008. FOR FURTHER INFORMATION CONTACT: Steven J. Pyrek, Director, TE/GE Communications and Liaison; 1111 Constitution Ave., NW., SE:T:CL—Penn Bldg.; Washington, DC 20224. Telephone: 202-283-9966 (not a toll-free number). E-mail address: *Steve.J.Pyrek@irs.gov* . SUPPLEMENTARY INFORMATION: By notice herein given, pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988), a public meeting of the ACT will be held on Wednesday, June 11, 2008, from 11 a.m. to 2 p.m., at the Internal Revenue Service, 1111 Constitution Ave., NW., Room 3313, Washington, DC. Issues to be discussed relate to Employee Plans, Exempt Organizations, and Government Entities. Reports From Six ACT Subgroups Cover the Following Topics • Employee Plans: Improving the Employee Plans Compliance Resolution System. • Exempt Organizations: The Appropriate Role of the IRS With Respect to Tax-Exempt Organization Good Governance Issues. • Tax-Exempt Bonds: The Streamlined Closing Agreement for Tax-Exempt Bonds. • Employee Plans/Federal, State and Local Governments: Protecting Plan Benefits: Improving Governmental Defined Contribution Plan Compliance. • Federal, State and Local Governments: Tax Treatment of Cellular Telephones and Internet-Provider Allowances. • Indian Tribal Governments: Governmental Relationship and Communication Between the IRS and Indian Tribal Governments. Last minute agenda changes may preclude advance notice. Due to limited seating and security requirements, attendees must call Cynthia PhillipsGrady to confirm their attendance. Ms. PhillipsGrady can be reached at
(202)283-9954. Attendees are encouraged to arrive at least 30 minutes before the meeting begins to allow sufficient time for security clearance. Picture identification must be presented. Please use the main entrance at 1111 Constitution Ave., NW., to enter the building. Should you wish the ACT to consider a written statement, please call
(202)283-9966, or write to: Internal Revenue Service, 1111 Constitution Ave., NW., SE:T:CL-Penn Bldg.; Washington, DC 20224, or e-mail *Steve.J.Pyrek@irs.gov* . Dated: May 20, 2008. Steven J. Pyrek, Designated Federal Official, Tax Exempt and Government Entities Division. [FR Doc. E8-11797 Filed 5-23-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Taxpayer Advocacy Panel Volunteer Income Tax Assistance
(VITA)Issue Committee AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of Meeting. SUMMARY: An open meeting of the Taxpayer Advocacy Panel VITA Issue Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Tuesday, July 8, 2008. FOR FURTHER INFORMATION CONTACT: Marisa Knispel at 1-888-912-1227 or
(718)488-3557. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that a meeting of the Taxpayer Advocacy Panel VITA Issue Committee will be held Tuesday, July 8, 2008, at 2 p.m. Eastern Time via a telephone conference call. You can submit written comments to the panel by faxing to
(718)488-2062, or by mail to Taxpayer Advocacy Panel, 10 Metro Tech Center, 625 Fulton Street, Brooklyn, NY 11201, or you can contact us at *http://www.improveirs.org.* Public comments will also be welcome during the meeting. Please contact Marisa Knispel at 1-888-912-1227 or
(718)488-3557 for additional information. The agenda will include the following: Various VITA Issues. Dated: May 15, 2008. Richard Morris, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-11660 Filed 5-23-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Taxpayer Advocacy Panel Earned Income Tax Credit Issue Committee AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of Meeting. SUMMARY: An open meeting of the Taxpayer Advocacy Panel Earned Income Tax Credit Issue Committee will be conducted via telephone conference call. The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Wednesday, July 9, 2008. FOR FURTHER INFORMATION CONTACT: Audrey Y. Jenkins at 1-888-912-1227 or 718-488-2085. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that an open meeting of the Taxpayer Advocacy Panel Earned Income Tax Credit Issue Committee will be held Wednesday, July 9, 2008, from 1 to 2 p.m. Eastern Time via a telephone conference call. The public is invited to make oral comments. Individual comments will be limited to 5 minutes. For information or to confirm attendance, notification of intent to attend the meeting must be made with Audrey Y. Jenkins. Ms. Jenkins may be reached at 1-888-912-1227 or
(718)488-2085. Send written comments to Audrey Y. Jenkins, TAP Office, 10 MetroTech Center, 625 Fulton Street, Brooklyn, NY 11201 or post comments to the Web site: *http://www.improveirs.org* . Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made in advance. The agenda will include various IRS issues. Dated: May 15, 2008. Richard Morris, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-11684 Filed 5-23-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Wage & Investment Reducing Taxpayer Burden (Notices) Issue Committee of the Taxpayer Advocacy Panel AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of Meeting. SUMMARY: An open meeting of the Wage & Investment Reducing Taxpayer Burden (Notices) Issue Committee of the Taxpayer Advocacy Panel will be conducted via telephone conference call. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Wednesday, July 16, 2008. FOR FURTHER INFORMATION CONTACT: Sallie Chavez at 1-888-912-1227, or 954-423-7979. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that an open meeting of the Wage & Investment Reducing Taxpayer Burden (Notices) Issue Committee of the Taxpayer Advocacy Panel will be held Wednesday, July 16, 2008, at 12:30 p.m. Eastern Time via a telephone conference call. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 954-423-7979, or write Sallie Chavez, TAP Office, 1000 South Pine Island Road, Suite 340, Plantation, FL 33324. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Sallie Chavez. Ms. Chavez can be reached at 1-888-912-1227 or 954-423-7979, or post comments to the Web site: *http://www.improveirs.org* . The agenda will include: Various IRS issues. Dated: May 15, 2008. Richard Morris, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-11658 Filed 5-23-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Office of Thrift Supervision Lending and Investment AGENCY: Office of Thrift Supervision (OTS), Treasury. ACTION: Notice and request for comment. SUMMARY: The proposed information collection request
(ICR)described below has been submitted to the Office of Management and Budget
(OMB)for review and approval, as required by the Paperwork Reduction Act of 1995. OTS is soliciting public comments on the proposal. DATES: Submit written comments on or before June 26, 2008. A copy of this ICR, with applicable supporting documentation, can be obtained from RegInfo.gov at *http://www.reginfo.gov/public/do/PRAMain.* ADDRESSES: Send comments, referring to the collection by title of the proposal or by OMB approval number, to OMB and OTS at these addresses: Office of Information and Regulatory Affairs, Attention: Desk Officer for OTS, U.S. Office of Management and Budget, 725-17th Street, NW., Room 10235, Washington, DC 20503, or by fax to
(202)395-6974; and Information Collection Comments, Chief Counsel's Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552, by fax to
(202)906-6518, or by e-mail to *infocollection.comments@ots.treas.gov.* OTS will post comments and the related index on the OTS Internet Site at *http://www.ots.treas.gov.* In addition, interested persons may inspect comments at the Public Reading Room, 1700 G Street, NW., by appointment. To make an appointment, call
(202)906-5922, send an e-mail to *public.info@ots.treas.gov,* or send a facsimile transmission to
(202)906-7755. FOR FURTHER INFORMATION CONTACT: For further information or to obtain a copy of the submission to OMB, please contact Ira L. Mills at *ira.mills@ots.treas.gov* ,
(202)906-6531, or facsimile number
(202)906-6518, Regulations and Litigation Division, Chief Counsel's Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. SUPPLEMENTARY INFORMATION: OTS may not conduct or sponsor an information collection, and respondents are not required to respond to an information collection, unless the information collection displays a currently valid OMB control number. As part of the approval process, we invite comments on the following information collection. *Title of Proposal:* Lending and Investment. *OMB Number:* 1550-0078. *Form Numbers:* N/A. *Description:* OTS uses the information during the examination process to ensure that savings associations are complying with applicable rules and regulations as well as engaging in safe and sound lending practices. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* 830. *Estimated Number of Responses:* 783,230. *Estimated Frequency of Response:* On occasion. *Estimated Total Burden:* 296,100 hours. *Clearance Officer:* Ira L. Mills,
(202)906-6531, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. Dated: May 21, 2008. Deborah Dakin, Senior Deputy Chief Counsel, Regulations and Legislation Division. [FR Doc. E8-11771 Filed 5-23-08; 8:45 am] BILLING CODE 6720-01-P 73 102 Tuesday, May 27, 2008 Presidential Documents Title 3— The President Proclamation 8259 of May 21, 2008 National Maritime Day, 2008 By the President of the United States of America A Proclamation On National Maritime Day, America honors our highly skilled mariners who sail the high seas, support those on the front lines of the war on terror, and promote commerce around the world. Since 1775, the United States Merchant Marine has served our country, helping America become a great maritime power. During the Second World War, courageous mariners were among those who suffered greatly—hundreds of ships were lost to enemy action, and many mariners made the ultimate sacrifice. We pay tribute to these heroes who answered the call to serve when our Nation needed them most. Today, our merchant mariners continue to protect our homeland, including by supporting our troops in Iraq and Afghanistan. In times of peace and war, these brave patriots help keep our Nation safe and strengthen our economy. By transporting American goods across the oceans, merchant mariners facilitate commerce and advance trade. These Americans honor the noble traditions of seafarers and enrich our country's maritime heritage. In recognition of the importance of the U.S. Merchant Marine, the Congress, by joint resolution approved on May 20, 1933, as amended, has designated May 22 of each year as “National Maritime Day,” and has authorized and requested that the President issue an annual proclamation calling for its appropriate observance. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim May 22, 2008, as National Maritime Day. I call upon the people of the United States to mark this observance by honoring the service of merchant mariners and by displaying the flag of the United States at their homes and in their communities. I also request that all ships sailing under the American flag dress ship on that day. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of May, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-second. GWBOLD.EPS [FR Doc. 08-1302 Filed 5-23-08; 8:45 am]
Connectionstraces to 57
Traces to 57 documents
CFR
U.S. Code
41 references not yet in our index
  • 18 CFR 5
  • 50 CFR 402
  • 18 CFR 85.2001(a)(1)(iii)
  • 29 CFR 1614
  • 44 USC 3501-3520
  • 47 CFR 0.459
  • 47 CFR 1.429(e)
  • 47 CFR 1.4(b)(1)
  • Pub. L. 103-325
  • 108 Stat. 2160
  • Pub. L. 108-386
  • 12 CFR 308
  • 12 CFR 225
  • Pub. L. 92-463
  • Pub. L. 109-417
  • 45 CFR 92.24
  • 45 CFR 16
  • 42 CFR 50.404
  • Pub. L. 110-85
  • 121 Stat. 965
  • 42 USC 5121-5206
  • Pub. L. 107-295
  • Pub. L. 109-347
  • 43 USC 1730
  • 43 CFR 1784
  • 36 CFR 1228.24(b)(3)
  • Pub. L. 105-220
  • 20 USC 9252
  • Pub. L. 104-13
  • Pub. L. 95-541
  • 10 CFR 54
  • 10 CFR 2
  • 17 CFR 240.19
  • 17 CFR 19
  • 13 CFR 121
  • 79 Stat. 985
  • 49 CFR 555
  • 49 CFR 512
  • 15 USC 1410(d)(1)
  • Pub. L. 101-453
+ 1 more
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Notices
Notice of workshop
C.F.R.§ 385.211
C.F.R.§ 800.2
C.F.R.§ 5.6
U.S.C.§ 276
U.S.C.§ 1831o
U.S.C.§ 4806
U.S.C.§ 481
C.F.R.§ 303.11
U.S.C.§ 1820
Cite18 CFR 5
Cite50 CFR 402
Cite18 CFR 85.2001(a)(1)(iii)
Cites 98 · showing 12Cited by 0 across 0 sources
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