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Code · REGISTER · 2008-05-29 · Import Administration, International Trade Administration, Department of Commerce · Notices

Notices. Notice

86,744 words·~394 min read·/register/2008/05/29/08-1307

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BILLING CODE 6335-01-P DEPARTMENT OF COMMERCE International Trade Administration (A-570-868) Folding Metal Tables and Chairs from the People's Republic of China: Extension of Time Limit for the Preliminary Results of the Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: May 29, 2008. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Benjamin Caryl, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-4243 or
(202)482-3003, respectively. SUPPLEMENTARY INFORMATION: Background On July 26, 2007, the Department of Commerce (“the Department”) published the initiation of the administrative review of the antidumping duty order on folding metal tables and chairs from the People's Republic of China (“PRC”). *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 72 FR 41057 (July 26, 2007). This review covers the period June 1, 2006, through May 31, 2007. Extension of Time Limit for Preliminary Results of Review Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“the Act”), the Department shall make a preliminary determination in an administrative review of an antidumping duty order within 245 days after the last day of the anniversary month of the date of publication of the order. The Act further provides, however, that the Department may extend that 245-day period to 365 days if it determines it is not practicable to complete the review within the foregoing time period. On March 4, 2008, the Department published a notice of extension of time limit for the preliminary results of this administrative review of the antidumping duty order. *See Folding Metal Tables and Chairs from the People's Republic of China: Notice of Extension of Time Limit for the Preliminary Results of the Antidumping Duty Administrative Review* , 73 FR 11615 (March 4, 2008). The preliminary results of review are currently due no later than May 30, 2008. The Department finds that it is not practicable to complete the preliminary results of the administrative review of folding metal tables and chairs from the PRC within this time limit. Specifically, due to complex issues related to the selection of surrogate values, we find that additional time is needed to complete these preliminary results. Therefore, in accordance with section 751(a)(3)(A) of the Act, the Department is now fully extending the time period for completion of the preliminary results of this review to 365 days until June 29, 2008. Because June 29, 2008, falls on a Sunday, the preliminary results will be due June 30, 2008, the next business day. This notice is published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: May 22, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-11992 Filed 5-28-08; 8:45 am] BILLING CODE 3510-DR-S DEPARTMENT OF COMMERCE International Trade Administration A-533-809 Certain Forged Stainless Steel Flanges from India; Final Results of Antidumping Duty Administrative Review and Rescission in Part AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 5, 2008, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain forged stainless steel flanges (stainless steel flanges) from India manufactured by Shree Ganesh Forgings, Ltd. (Shree Ganesh) and Nakshatra Enterprises Pvt., Ltd. (Nakshatra) covering the period February 1, 2006, through January 31, 2007. *See Certain Forged Stainless Steel Flanges from India; Preliminary Results of Antidumping Duty Administrative Review and Intent to Rescind Administrative Review in Part* , 73 FR 11863 (March 5, 2008) (Preliminary Results). Based on further analysis of our computations for Shree Ganesh, we have made changes in the margin calculation; therefore, the final results differ from the preliminary results for Shree Ganesh. The final weighted-average dumping margin for Shree Ganesh is listed below in the section entitled, “Final Results of Review.” We are also rescinding the review for Nakshatra because we have determined that it had no *bona fide* U.S. sales during the period of review. EFFECTIVE DATE: May 29, 2008. FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-2924 or
(202)482-0649, respectively. SUPPLEMENTARY INFORMATION: Background On March 5, 2008, the Department published the *Preliminary Results* . In response to the Department's invitation to comment on the preliminary results of review, Shree Ganesh submitted two sets of comments. However, we received these comments after the deadline for submitting comments, and they were not filed in proper form. Therefore, we returned them to Shree Ganesh, and have not considered them in these final results of review. See the Department's letter to Shree Ganesh dated April 17, 2008. We also received a request from the law firm of Miller Chevalier to extend the briefing period to allow for further briefing on behalf of Shree Ganesh. We received this request from Miller Chevalier on April 7, 2008, after the comment period had already closed. We denied the request. *See* the Department's letter to Miller Chevalier dated April 17, 2008. We received no comments from Nakshatra. Period of Review The period of review
(POR)is February 1, 2006, to January 31, 2007. Scope of the Order The products covered by this order are certain forged stainless steel flanges, both finished and not finished, generally manufactured to specification ASTM A-182, and made in alloys such as 304, 304L, 316, and 316L. The scope includes five general types of flanges. They are weld-neck, used for butt-weld line connection; threaded, used for threaded line connections; slip-on and lap joint, used with stub-ends/butt-weld line connections; socket weld, used to fit pipe into a machined recession; and blind, used to seal off a line. The sizes of the flanges within the scope range generally from one to six inches; however, all sizes of the above-described merchandise are included in the scope. Specifically excluded from the scope of this order are cast stainless steel flanges. Cast stainless steel flanges generally are manufactured to specification ASTM A-351. The flanges subject to this order are currently classifiable under subheadings 7307.21.1000 and 7307.21.5000 of the Harmonized Tariff Schedule (HTS). Although the HTS subheadings are provided for convenience and customs purposes, the written description of the merchandise under review is dispositive of whether or not the merchandise is covered by the scope of the order. Partial Rescission of Review In the preliminary results, we stated that we intended to rescind the review with respect to Nakshatra because we had determined, based on the totality of the circumstances, that Nakshatra's U.S. sales were not *bona fide. See Preliminary Results* at 11866. Nakshatra submitted no comments, and we have found no basis for changing the determination announced in the preliminary results. Therefore we are rescinding the review with respect to Nakshatra. Changes Since the Preliminary Results Based on our analysis of the computer programming used in the preliminary results, we have made the following changes to the margin calculation for Shree Ganesh: • We changed the names of two of the data sets to ensure use of the proper data; • We removed language converting the variables for packing (PACKU) and total cost of manufacture (TCOMU) into U.S. dollars because the currency conversion for those variables is made later in the program; • We removed language converting variable cost of manufacturing (VCOMU) into U.S. dollars because the conversion was unnecessary; • We deleted references to constructed value
(CV)data because Shree Ganesh did not submit a separate CV data base; • We removed some of the language from the macro program because it was overriding some of the language written into the SAS program. *See* the final results analysis memorandum for additional details. Final Results of Review As a result of our review, the Department finds the following weighted-average dumping margin exists for the period February 1, 2006, through January 31, 2007: Manufacturer/Exporter Margin (percent) Shree Ganesh Forgings, Ltd. 42.93 Assessment The Department will determine, and U.S. Customs and Border Protection
(CBP)shall assess, antidumping duties on all appropriate entries, pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Tariff Act), and 19 CFR 351.212(b). The Department calculated an assessment rate for each importer of the subject merchandise covered by the review. For any importer-specific assessment rates calculated in the final results that are above *de minimis (i.e.* , at or above 0.50 percent), we will issue appraisement instructions directly to CBP to assess antidumping duties on appropriate entries by applying the assessment rate to the entered value of the merchandise. We will issue assessment instructions to CBP fifteen days after publication of these final results of review. The Department clarified its “automatic assessment” regulation on May 6, 2003. *See Notice of Policy Concerning Assessment of Antidumping Duties* , 68 FR 23954 (May 6, 2003). This clarification will apply to entries of subject merchandise during the POR produced by Shree Ganesh for which Shree Ganesh did not know the merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the 162.14 percent all-others rate if there is no company-specific rate for an intermediary involved in the transaction. *See id* . for a full discussion of this clarification. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of these final results for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results of administrative review, consistent with section 751(a)(1) of the Tariff Act:
(1)the cash deposit rate for the reviewed company will be the rate listed above;
(2)if the exporter is not a firm covered in this review, but was covered in a previous review or the original less-than-fair-value
(LTFV)investigation, the cash deposit rate will continue to be the company-specific rate published for the most recent period;
(3)if the exporter is not a firm covered in this review, a prior review, or the original LTFV investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and
(4)the cash deposit rate for all other manufacturers or exporters will continue to be 162.14 percent, the all-others rate established in the LTFV investigation. *See Amended Final Determination and Antidumping Duty Order; Certain Forged Stainless Steel Flanges from India* , 59 FR 5994, 5995 (February 9, 1994). These deposit requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. Notification to Interested Parties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred, and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders
(APOs)of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act. Dated: May 20, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-11996 Filed 5-28-08; 8:45 am] BILLING CODE 3510-DR-S CONSUMER PRODUCT SAFETY COMMISSION Proposed Collection; Comment Request—Customer Satisfaction Surveys (Fast-Track Recall Survey, Ombudsman Survey, State Partner Survey, Hotline Survey, Web-site Survey, and Clearinghouse Survey) AGENCY: Consumer Product Safety Commission. ACTION: Notice. SUMMARY: As required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) (PRA), the Consumer Product Safety Commission
(CPSC)requests comments on a proposed request for an extension of its PRA approval to conduct surveys to determine customers' level of satisfaction with existing services. The Commission will consider all comments received in response to this notice before requesting approval of this collection of information from the Office of Management and Budget (OMB). DATES: Written comments must be received by the Office of the Secretary not later than July 28, 2008. ADDRESSES: Written comments should be captioned “Customer Satisfaction Surveys” and e-mailed to the Office of the Secretary at *cpsc-os@cpsc.gov* . Comments may also be sent by facsimile to
(301)504-0127, or by mail to the Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814. FOR FURTHER INFORMATION CONTACT: For information about this proposed extension of approval of the collection of information, or to obtain a copy of the questions to be used for this collection of information, call or write Linda Glatz, Division of Policy and Planning, Office of Information Technology and Technology Services, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone:
(301)504-7671 or by e-mail to *lglatz@cpsc.gov* . SUPPLEMENTARY INFORMATION: A. Background OMB has approved CPSC information collection activity using customer satisfaction surveys, OMB Control No. 0341-0128. CPSC seeks extension of that approval for six customer satisfaction surveys to determine the kind and quality of services CPSC customers want and customers' level of satisfaction with existing services. “Customers” of CPSC include any individual or entity interested in or affected by agency activities. These would include, but not be limited to:
(1)Consumers that telephone the Hotline or access the CPSC Web-site via the internet to report product-related incidents, or to obtain information on recent product recalls;
(2)consumers, industry members, or others that contact the National Injury Information Clearinghouse for information;
(3)State representatives who work with CPSC on cooperative programs;
(4)firms that use CPSC's Fast-Track Product Recall Program to report and simultaneously propose satisfactory product recall plans; and
(5)small businesses that seek information or assistance from the CPSC's small business ombudsman. These customer surveys are used by the CPSC Office of Financial Management, Planning and Evaluation to prepare sections of the agency's annual performance plan and accountability report in accordance with the Government Performance and Results Act of 1993. The information from the surveys will provide measures of the quality and effectiveness of agency efforts related to three goals in its strategic plan: informing the public, industry services, and customer satisfaction. If this information is not collected, the Commission would not have the means to measure its effectiveness in providing useful services to consumers and others, and lack information necessary to guide program development. B. Estimated Burden The surveys will be conducted by in-house staff primarily through internet, telephone, or in writing. The CPSC staff may:
(1)Conduct customer service follow-up queries with a sample of telephone Hotline callers;
(2)survey a sample of firms that use Fast-Track Product Recall and Ombudsman Programs to assess their views and suggestions for improvements in the services aspects of the program;
(3)conduct a sample survey of state partners and customers of the National Injury Information Clearinghouse; and
(4)obtain web-based survey information on customer satisfaction with the agency's Web-site. Fewer than 6 customer surveys or information collection activities a year would be conducted using this clearance. The Commission staff estimates the number of annual respondents to be about 684. The anticipated sources and respondents for surveys conducted over a three-year period include: Hotline 350 National Injury Information Clearinghouse 300 Small Businesses 200 State Partners 54 Web-site 1000 Fast Track Product Recall Program 150 2,054 The estimated time of the total annualized cost/burden to respondents would be approximately 65 hours. The annualized cost to respondents for the hour burden for collection of information is $1,821.95 based on a total of 65 hours at $28.03/hour (Bureau of Labor Statistics average hourly private industry employer compensation costs, December 2007). C. Requests for Comments The Commission solicits written comments from all interested persons about the proposed extension. The Commission specifically seeks information relevant to the following topics: — Whether the surveys described above are necessary for the proper performance of the Commission's functions, including whether the information would have practical utility; — Whether the estimated burden of the proposed collections are accurate; — Whether the quality, utility, and clarity of the information to be collected could be enhanced; and — Whether the burden imposed by the collection of information could be minimized by use of automated, electronic or other technological collection techniques, or other forms of information technology. Dated: May 23, 2008. Todd Stevenson, Secretary, Consumer Product Safety Commission. [FR Doc. E8-12008 Filed 5-28-08; 8:45 am] BILLING CODE 6355-01-P DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal Nos. 08-32] 36(b)(1) Arms Sales Notification AGENCY: Department of Defense, Defense Security Cooperation Agency. ACTION: Notice. SUMMARY: The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996. FOR FURTHER INFORMATION CONTACT: Ms. B. English, DSCA/DBO/CFM,
(703)601-3740. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittals 08-32 with attached transmittal, policy justification, and Sensitivity of Technology. Dated: May 16, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-M EN29MY08.015 EN29MY08.016 EN29MY08.017 EN29MY08.018 EN29MY08.019 EN29MY08.020 [FR Doc. E8-11669 Filed 5-28-08; 8:45 am] BILLING CODE 5001-06-C DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal Nos. 08-48] 36(b)(1) Arms Sales Notification AGENCY: Department of Defense, Defense Security Cooperation Agency. ACTION: Notice. SUMMARY: The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996. FOR FURTHER INFORMATION CONTACT: Ms. B. English, DSCA/DBO/CFM,
(703)601-3740. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittals 08-48 with attached transmittal, policy justification, and Sensitivity of Technology. Dated: May 19, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-M EN29MY08.021 EN29MY08.022 EN29MY08.023 EN29MY08.024 [FR Doc. E8-11670 Filed 5-28-08; 8:45 am] BILLING CODE 5001-06-C DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal Nos. 08-52] 36(b)(1) Arms Sales Notification AGENCY: Department of Defense, Defense Security Cooperation Agency. ACTION: Notice. SUMMARY: The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996. FOR FURTHER INFORMATION CONTACT: Ms. B. English, DSCA/DBO/CFM,
(703)601-3740. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittals 08-52 with attached transmittal, policy justification. Dated: May 16, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-M EN29MY08.025 EN29MY08.026 EN29MY08.027 [FR Doc. E8-11676 Filed 5-28-08; 8:45 am] BILLING CODE 5001-06-C DEPARTMENT OF DEFENSE Office of the Secretary Revised Non-Foreign Overseas Per Diem Rates AGENCY: DoD, Per Diem, Travel and Transportation Allowance Committee. ACTION: Notice of revised non-foreign overseas per diem rates. SUMMARY: The Per Diem, Travel and Transportation Allowance Committee is publishing Civilian Personnel Per Diem Bulletin Number 259. This bulletin lists revisions in the per diem rates prescribed for U.S. Government employees for official travel in Alaska, Hawaii, Puerto Rico, the Northern Mariana Islands and Possessions of the United States. AEA changes announced in Bulletin Number 194 remain in effect. Bulletin Number 259 is being published in the **Federal Register** to assure that travelers are paid per diem at the most current rates. EFFECTIVE DATE: June 1, 2008. SUPPLEMENTARY INFORMATION: This document gives notice of revisions in per diem rates prescribed by the Per Diem Travel and Transportation Allowance Committee for non-foreign areas outside the continental United States. It supersedes Civilian Personnel Per Diem Bulletin Number 258. Distribution of Civilian Personnel Per Diem Bulletins by mail was discontinued. Per Diem Bulletins published periodically in the **Federal Register** now constitute the only notification of revisions in per diem rates to agencies and establishments outside the Department of Defense. For more information or questions about per diem rates, please contact your local travel office. The text of the Bulletin follows: Dated: May 16, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. EN29MY08.010 EN29MY08.011 EN29MY08.012 EN29MY08.013 [FR Doc. E8-11671 Filed 5-28-08; 8:45 am] BILLING CODE 5001-06-M DEPARTMENT OF DEFENSE Department of the Air Force Notice of Intent To Prepare an Environmental Impact Statement for the Expansion of the Powder River Complex Near Ellsworth AFB, South Dakota AGENCY: Air Combat Command, Department of the Air Force. ACTION: Notice of Intent. SUMMARY: Pursuant to the National Environmental Policy Act
(NEPA)of 1969, as amended (42 U.S.C. 4321, *et seq.* ), the Council on Environmental Quality
(CEQ)Regulations for Implementing the Procedural Provisions of NEPA (40 CFR Parts 1500-1508), and Air Force policy and procedures (32 CFR Part 989), the Air Force is issuing this notice to advise the public of its intent to prepare an Environmental Impact Statement (EIS). The EIS will assess the potential environmental consequences of a proposal to expand and enhance the Air Force's existing Powder River Complex
(PRC)which currently has both airspace and ground-based Air Force training assets in South Dakota, Wyoming, and Montana. The Air Force proposal would establish the Powder River Training Complex (PRTC). The PRTC would more effectively use limited resources and finite flying hours by providing locally the realistic training needed by B-1 and B-52 aircrews flying from Ellsworth Air Force Base
(AFB)and Minot AFB, respectively. This would address the training and other limitations affecting the existing PRC training assets as they are currently configured. The proposed action would restructure and reconfigure the existing PRC Military Operations Areas
(MOAs)and associated Air Traffic Control Assigned Airspace (ATCAA), establish additional MOA/ATCAA combinations in portions of South Dakota, North Dakota, Wyoming, and Montana, and include Gap MOAs to link these airspace units together for anticipated quarterly exercises. The resulting PRTC would provide a versatile, scalable complex with more realistic, effective, and efficient air combat training. Under each action alternative, the proposal would add new airspace with a floor of 500 feet above ground level
(AGL)and eliminate some existing airspace. The proposed PRTC would also support additional ground-based simulated threat emitters under the MOAs, authorize use of defensive chaff and flares throughout the special use airspace, and permit supersonic flight above 10,000 feet AGL (above ground level) within the special use airspace. Changes to the airspace would permit increased local training throughout the MOAs and ATCAAs and provide for almost a full range of required combat training missions which replicate the combat conditions faced by Ellsworth AFB and Minot AFB aircrews. The modular design of the airspace would provide for more viable combat training with today's technological systems, and support missions such as dissimilar air combat training, network linked operations, and large force exercises. Three action alternatives and a no-action alternative have currently been identified for analyses (per 40 CFR 1502.14(d)). Alternative A, Full PRTC, would establish low
(MOAs)and high (ATCAA) airspace that would expand the area overflown at low altitude from the existing approximately 5,900 square miles to approximately 31,700 square miles. Under Alternative B the low-altitude MOA airspace would overfly approximately 22,800 square miles. Under Alternative C the low-altitude MOA airspace would overfly approximately 24,500 square miles. The proposed ATCAA airspace would overfly approximately 37,800 square miles under Alternatives A, B, or C. Under the no action alternative, the existing PRC would continue with low altitude MOAs overflying approximately 5,900 square miles and ATCAAs overflying approximately 14,100 square miles. DATES: The Air Force will host a series of public scoping meetings in communities underlying and/or adjacent to the proposed action. The purpose of these meetings is to receive public input on the proposed action and alternatives, as well as gain a better understanding of the potential issues and concerns related to this proposal. All public meetings will be held from 4-7 p.m. The schedule and locations of the scoping meetings are provided below: 1. Monday, June 16, 2008: Rapid City Public Library, 610 Quincy Street, Rapid City, SD. 2. Tuesday, June 17, 2008: Community Center, 1111 National Street, Belle Fourche, SD. 3. Wednesday, June 18, 2008: Crook County Public Library, 414 E. Main Street, Sundance, WY. 4. Thursday, June 19, 2008: Campbell County Fire Department, 106 Rohan Ave, Gillette, WY. 5. Friday, June 20, 2008: Sheridan Senior Center, 211 Smith Street, Sheridan, WY. 6. Monday, June 23, 2008: Hardin Chamber of Commerce, 10 E. Railroad Street, Hardin, MT. 7. Tuesday, June 24, 2008: IDCLC, 520 Poplar Drive, Colstrip, MT. 8. Wednesday, June 25, 2008: Miles Community College, 2715 Dickinson, Miles City, MT. 9. Thursday, June 26, 2008: St. Joan of Arc Parish Hall, Church Street, Ekalaka, MT. 10. Friday, June 27, 2008: Powder River County District High School, 500 North Trautman, Broadus, MT. 11. Tuesday, July 8, 2008: Baker High School, 1015 South Third Street West, Baker, MT. 12. Wednesday, July 9, 2008: City Hall, 101 First Street, SW, Bowman, ND. 13. Thursday, July 10, 2008: Elgin Community Center, 305 N Main St., Elgin, ND. 14. Monday, July 14, 2008: Harding County Memorial Recreation Center, West Allison Street, Buffalo, SD. 15. Tuesday, July 15, 2008: Bison School Cafeteria, 200 E. Carr St., Bison, SD. Additional community meetings are being coordinated for the Crow Indian Reservation, Northern Cheyenne Indian Reservation, Standing Rock Indian Reservation and Cheyenne River Indian Reservation. ADDRESSES: Federal, state, and local agencies, and interested groups and persons are invited to attend the scoping open house meetings. All are encouraged to provide comments on the proposed action either at the scoping meetings or by mail, postmarked no later than August 4, 2008 to ensure proper consideration in the environmental impact analyses. FOR FURTHER INFORMATION CONTACT: Direct written comments or requests for further information to: Ms. Linda DeVine, HQ ACC/A7PP, 129 Andrews Street, Suite 122 (Room 317), Langley AFB, VA 23665-2769 (757-764-9434). Bao-Anh Trinh, Air Force Federal Register Liaison Officer. [FR Doc. E8-11957 Filed 5-28-08; 8:45 am] BILLING CODE 5001-05-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before June 30, 2008. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, Washington, DC 20503. Commenters are encouraged to submit responses electronically by e-mail to *oira_submission@omb.eop.gov* or via fax to
(202)395-6974. Commenters should include the following subject line in their response “Comment: [insert OMB number], [insert abbreviated collection name, e.g., “Upward Bound Evaluation”]. Persons submitting comments electronically should not submit paper copies. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: May 22, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* New. *Title:* Feasibility and Conduct of an Impact Evaluation of Title I Supplemental Education Services. *Frequency:* On Occasion. *Affected Public:* Individuals or household. *Reporting and Recordkeeping Hour Burden:* *Responses:* 16,667. *Burden Hours:* 3,333. *Abstract:* The No Child Left Behind Act
(NCLB)requires districts with Title I schools that fall short of state standards for three years or more to offer supplemental educational services
(SES)to their students from low-income families who attend these schools. SES are tutoring or other academic support services offered outside the regular school day by state-approved providers free of charge to eligible students. Parents can choose the specific SES provider from among a list approved to serve their area. The U.S. Department of Education has commissioned Mathematica Policy Research to evaluate the impact of SES on student achievement in up to nine school districts across the country. Findings of the study will not only inform national policy discussions about SES, but will also provide direct feedback to participating districts about the effectiveness of the SES offered to their students. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 3634. 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. E8-11956 Filed 5-28-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Federal Pell Grant, Academic Competitiveness Grant, National Science and Mathematics Access To Retain Talent Grant, Federal Perkins Loan, Federal Work-Study, Federal Supplemental Educational Opportunity Grant, Federal Family Education Loan, and William D. Ford Federal Direct Loan Programs AGENCY: Federal Student Aid, U.S. Department of Education. ACTION: Notice of revision of the Federal Need Analysis Methodology for the 2009-2010 award year. SUMMARY: The Secretary announces the annual updates to the tables that will be used in the statutory “Federal Need Analysis Methodology” to determine a student's expected family contribution
(EFC)for award year 2009-2010 for the student financial aid programs authorized under Title IV of the Higher Education Act of 1965, as amended (HEA). An EFC is the amount a student and his or her family may reasonably be expected to contribute toward the student's postsecondary educational costs for purposes of determining financial aid eligibility. The Title IV programs include the Federal Pell Grant, Academic Competitiveness Grant, National Science and Mathematics Access to Retain Talent Grant, Federal Perkins Loan, Federal Work-Study, Federal Supplemental Educational Opportunity Grant, Federal Family Education Loan, and William D. Ford Federal Direct Loan Programs (Title IV, HEA Programs). FOR FURTHER INFORMATION CONTACT: Ms. Marya Dennis, Management and Program Analyst, U.S. Department of Education, Union Center Plaza, 830 First Street, NE., Washington, DC 20202. Telephone:
(202)377-3385. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service (FRS), toll free at 1-800-877-8339. Individuals with disabilities can obtain this document in an alternative format (e.g., Braille, large print, audiotape or compact disk) on request to the contact person listed in the preceding paragraph. SUPPLEMENTARY INFORMATION: Part F of Title IV of the HEA specifies the criteria, data elements, calculations, and tables used in the Federal Need Analysis Methodology EFC calculations. Section 478 of Part F of Title IV of the HEA requires the Secretary to adjust four of the tables—the Income Protection Allowance, the Adjusted Net Worth of a Business or Farm, the Education Savings and Asset Protection Allowance, and the Assessment Schedules and Rates—each award year to adjust for general price inflation. The changes are based, in general, upon increases in the Consumer Price Index. For award year 2009-2010 the Secretary is charged with updating the income protection allowance for parents of dependent students, adjusted net worth of a business or farm, and the assessment schedules and rates to account for inflation that took place between December 2007 and December 2008. However, because the Secretary must publish these tables before December 2008, the increases in the tables must be based upon a percentage equal to the estimated percentage increase in the Consumer Price Index for All Urban Consumers for 2008. The Secretary estimates that the increase in the Consumer Price Index for All Urban Consumers (CPI-U) for the period December 2007 through December 2008 will be 1.7 percent. Additionally, the College Cost Reduction and Access Act (CCRAA, Pub. L. 110-84) modified the updating procedure for the income protection allowance for dependent students and the income protection allowance tables for both independent students with dependents other than a spouse and independent students without dependents other than a spouse. CCRAA established new 2009-2010 award year values for these income protection allowances. The updated tables are in sections 1, 2, and 4 of this notice. The Secretary must also revise, for each award year, the education savings and asset protection allowances as provided for in section 478(d) of the HEA. The Education Savings and Asset Protection Allowance table for award year 2009-2010 has been updated in section 3 of this notice. Section 478(h) of the HEA also requires the Secretary to increase the amount specified for the Employment Expense Allowance, adjusted for inflation. This calculation is based upon increases in the Bureau of Labor Statistics budget of the marginal costs for a two-worker family compared to a one-worker family for food away from home, apparel, transportation, and household furnishings and operations. The Employment Expense Allowance table for award year 2009-2010 has been updated in section 5 of this notice. The HEA provides for the following annual updates: 1. *Income Protection Allowance* . This allowance is the amount of living expenses associated with the maintenance of an individual or family that may be offset against the family's income. It varies by family size. The income protection allowance for the dependent student is $3,750. The income protection allowances for parents of dependent students for award year 2009-2010 are: Family size Parents of dependent students Number in college 1 2 3 4 5 2 $15,840 $13,130 3 19,730 17,030 $14,320 4 24,370 21,660 18,960 $16,250 5 28,750 26,040 23,340 20,630 $17,940 6 33,630 30,920 28,220 25,510 22,820 For each additional family member, add $3,800. For each additional college student, subtract $2,700. The income protection allowances for independent students with dependents other than a spouse for award year 2009-10 are: Family size Independent students with dependents other than a spouse Number in college 1 2 3 4 5 2 $17,720 $14,690 3 22,060 19,050 $16,020 4 27,250 24,220 21,210 $18,170 5 32,150 29,120 26,100 23,070 $20,060 6 37,600 34,570 31,570 28,520 25,520 For each additional family member, add $4,240. For each additional college student, subtract $3,020. The income protection allowances for single independent students and independent students without dependents other than a spouse for award year 2009-10 are: Marital status Number in college IPA Single 1 $7,000 Married 2 7,000 Married 1 11,220 2. *Adjusted Net Worth
(NW)of a Business or Farm.* A portion of the full net value of a business or farm is excluded from the calculation of an expected contribution because—(1) the income produced from these assets is already assessed in another part of the formula; and
(2)the formula protects a portion of the value of the assets. The portion of these assets included in the contribution calculation is computed according to the following schedule. This schedule is used for parents of dependent students, independent students without dependents other than a spouse, and independent students with dependents other than a spouse. If the net worth of a business or farm is— Then the adjusted net worth is— Less than $1 $0 $1 to $115,000 $0 + 40% of NW $115,001 to $340,000 $46,000 + 50% of NW over $115,000 $340,001 to $565,000 $158,500 + 60% of NW over $340,000 $565,001 or more $293,500 + 100% of NW over $565,000 3. *Education Savings and Asset Protection Allowance* . This allowance protects a portion of net worth (assets less debts) from being considered available for postsecondary educational expenses. There are three asset protection allowance tables—one for parents of dependent students, one for independent students without dependents other than a spouse, and one for independent students with dependents other than a spouse. Dependent Students If the age of the older parent is And they are Married Single Then the education savings and asset protection allowance is— 25 or less 0 0 26 2,900 1,200 27 5,800 2,400 28 8,700 3,600 29 11,600 4,800 30 14,500 6,000 31 17,400 7,200 32 20,300 8,400 33 23,100 9,500 34 26,000 10,700 35 28,900 11,900 36 31,800 13,100 37 34,700 14,300 38 37,600 15,500 39 40,500 16,700 40 43,400 17,900 41 44,200 18,200 42 45,300 18,600 43 46,400 19,100 44 47,600 19,500 45 48,700 19,900 46 49,900 20,400 47 51,200 20,900 48 52,400 21,400 49 53,700 21,900 50 55,300 22,400 51 56,700 22,900 52 58,000 23,500 53 59,800 24,000 54 61,200 24,600 55 63,000 25,300 56 64,900 25,900 57 66,400 26,500 58 68,300 27,200 59 70,300 27,900 60 72,300 28,700 61 74,400 29,500 62 76,600 30,300 63 79,100 31,100 64 81,300 32,000 65 or older 84,000 32,800 Independent Students Without Dependents Other Than a Spouse If the age of the student is And they are Married Single Then the education savings and asset protection allowance is— 25 or less 0 0 26 2,900 1,200 27 5,800 2,400 28 8,700 3,600 29 11,600 4,800 30 14,500 6,000 31 17,400 7,200 32 20,300 8,400 33 23,100 9,500 34 26,000 10,700 35 28,900 11,900 36 31,800 13,100 37 34,700 14,300 38 37,600 15,500 39 40,500 16,700 40 43,400 17,900 41 44,200 18,200 42 45,300 18,600 43 46,400 19,100 44 47,600 19,500 45 48,700 19,900 46 49,900 20,400 47 51,200 20,900 48 52,400 21,400 49 53,700 21,900 50 55,300 22,400 51 56,700 22,900 52 58,000 23,500 53 59,800 24,000 54 61,200 24,600 55 63,000 25,300 56 64,900 25,900 57 66,400 26,500 58 68,300 27,200 59 70,300 27,900 60 72,300 28,700 61 74,400 29,500 62 76,600 30,300 63 79,100 31,100 64 81,300 32,000 65 or older 84,000 32,800 Independent Students With Dependents Other Than a Spouse If the age of the student is And they are Married Single Then the education savings and asset protection allowance is— 25 or less 0 0 26 2,900 1,200 27 5,800 2,400 28 8,700 3,600 29 11,600 4,800 30 14,500 6,000 31 17,400 7,200 32 20,300 8,400 33 23,100 9,500 34 26,000 10,700 35 28,900 11,900 36 31,800 13,100 37 34,700 14,300 38 37,600 15,500 39 40,500 16,700 40 43,400 17,900 41 44,200 18,200 42 45,300 18,600 43 46,400 19,100 44 47,600 19,500 45 48,700 19,900 46 49,900 20,400 47 51,200 20,900 48 52,400 21,400 49 53,700 21,900 50 55,300 22,400 51 56,700 22,900 52 58,000 23,500 53 59,800 24,000 54 61,200 24,600 55 63,000 25,300 56 64,900 25,900 57 66,400 26,500 58 68,300 27,200 59 70,300 27,900 60 72,300 28,700 61 74,400 29,500 62 76,600 30,300 63 79,100 31,100 64 81,300 32,000 65 or older 84,000 32,800 4. *Assessment Schedules and Rates.* Two schedules that are subject to updates, one for parents of dependent students and one for independent students with dependents other than a spouse, are used to determine the EFC toward educational expenses from family financial resources. For dependent students, the EFC is derived from an assessment of the parents' adjusted available income (AAI). For independent students with dependents other than a spouse, the EFC is derived from an assessment of the family's AAI. The AAI represents a measure of a family's financial strength, which considers both income and assets. The parents' contribution for a dependent student is computed according to the following schedule: If AAI is— Then the contribution is— Less than −$3,409 −$750 ($3,409) to $14,200 22% of AAI $14,201 to $17,800 $3,124 + 25% of AAI over $14,200 $17,801 to $21,400 $4,024 + 29% of AAI over $17,800 $21,401 to $25,000 $5,068 + 34% of AAI over $21,400 $25,001 to $28,600 $6,292 + 40% of AAI over $25,000 $28,601 or more $7,732 + 47% of AAI over $28,600 The contribution for an independent student with dependents other than a spouse is computed according to the following schedule: If AAI is— Then the contribution is— Less than −$3,409 −$750 ($3,409) to $14,200 22% of AAI $14,201 to $17,800 $3,124 + 25% of AAI over $14,200 $17,801 to $21,400 $4,024 + 29% of AAI over $17,800 $21,401 to $25,000 $5,068 + 34% of AAI over $21,400 $25,001 to $28,600 $6,292 + 40% of AAI over $25,000 $28,601 or more $7,732 + 47% of AAI over $28,600 5. *Employment Expense Allowance.* This allowance for employment-related expenses, which is used for the parents of dependent students and for married independent students, recognizes additional expenses incurred by working spouses and single-parent households. The allowance is based upon the marginal differences in costs for a two-worker family compared to a one-worker family for food away from home, apparel, transportation, and household furnishings and operations. The employment expense allowance for parents of dependent students, married independent students without dependents other than a spouse, and independent students with dependents other than a spouse is the lesser of $3,500 or 35 percent of earned income. 6. *Allowance for State and Other Taxes.* The allowance for State and other taxes protects a portion of the parents' and students' income from being considered available for postsecondary educational expenses. There are four categories for State and other taxes, one each for parents of dependent students, independent students with dependents other than a spouse, dependent students, and independent students without dependents other than a spouse. Section 478(g) of the HEA directs the Secretary to update the tables for State and other taxes after reviewing the Statistics of Income file data maintained by the Internal Revenue Service. State Parents of dependents and independents with dependents other than a spouse Under $15,000 (%) $15,000 & up (%) Dependents and independents without dependents other than a spouse All (%) Alabama 3 2 2 Alaska 2 1 0 Arizona 4 3 3 Arkansas 4 3 3 California 8 7 5 Colorado 5 4 3 Connecticut 8 7 4 Delaware 4 3 3 District of Columbia 7 6 6 Florida 3 2 1 Georgia 5 4 4 Hawaii 5 4 4 Idaho 5 4 3 Illinois 5 4 2 Indiana 4 3 3 Iowa 5 4 3 Kansas 5 4 3 Kentucky 5 4 4 Louisiana 3 2 2 Maine 6 5 4 Maryland 8 7 5 Massachusetts 7 6 4 Michigan 5 4 3 Minnesota 6 5 4 Mississippi 3 2 2 Missouri 5 4 3 Montana 5 4 3 Nebraska 5 4 3 Nevada 3 2 1 New Hampshire 5 4 1 New Jersey 9 8 4 New Mexico 3 2 3 New York 9 8 6 North Carolina 6 5 4 North Dakota 3 2 1 Ohio 6 5 4 Oklahoma 4 3 3 Oregon 7 6 5 Pennsylvania 6 5 3 Rhode Island 7 6 4 South Carolina 5 4 3 South Dakota 2 1 1 Tennessee 2 1 1 Texas 3 2 1 Utah 5 4 4 Vermont 5 4 3 Virginia 6 5 4 Washington 4 3 1 West Virginia 3 2 2 Wisconsin 7 6 4 Wyoming 2 1 1 Other 3 2 2 You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* (Catalog of Federal Domestic Assistance Numbers: 84.007 Federal Supplemental Educational Opportunity Grant; 84.032 Federal Family Education Loan Program; 84.033 Federal Work-Study Program; 84.038 Federal Perkins Loan Program; 84.063 Federal Pell Grant Program; 84.268 William D. Ford Federal Direct Loan Program; 84.375 Academic Competitiveness Grant; 84.376 National Science and Mathematics Access to Retain Talent Grant) Program Authority: 20 U.S.C. 1087rr. Dated: May 22, 2008. Lawrence A. Warder, Acting Chief Operating Officer, Federal Student Aid. [FR Doc. E8-11953 Filed 5-28-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY DEPARTMENT OF THE INTERIOR Bureau of Land Management Notice of Intent To Prepare a Programmatic Environmental Impact Statement To Evaluate Solar Energy Development, Develop and Implement Agency-Specific Programs, Conduct Public Scoping Meetings, Amend Relevant Agency Land Use Plans, and Provide Notice of Proposed Planning Criteria AGENCIES: Department of Energy
(DOE)and Bureau of Land Management (BLM), Department of the Interior (DOI). ACTION: Notice of Intent. SUMMARY: In Executive Order 13212, *Actions to Expedite Energy-Related Projects* , the President ordered that executive departments and agencies take appropriate actions “to expedite projects that will increase the production, transmission, or conservation of energy.” In addition, Title II, Section 211, of the Energy Policy Act of 2005 (Pub. L. 109-58) provides that the Secretary of the Interior (the Secretary) should, within 10 years of enactment of the Act, “* * * seek to have approved non-hydropower renewable energy projects located on the public lands with a generation capacity of at least 10,000 megawatts of electricity.” DOE and BLM (the Agencies) have identified utility-scale solar energy development as a potentially critical component in meeting these mandates. Utility-scale solar energy projects generate electricity that is distributed to consumers through the electric power transmission grid. The Agencies have determined that specific actions should be taken to further such energy development. The Agencies are considering the development and implementation of agency-specific programs that would establish environmental policies and mitigation strategies (e.g., best management practices and siting criteria) related to solar energy development in six western states (Arizona, California, Colorado, New Mexico, Nevada, and Utah). DOE proposes to develop a solar energy program of environmental policies and mitigation strategies that would apply to the deployment of DOE supported solar energy projects on BLM-administered lands or other Federal, State, tribal, or private lands. The BLM would establish its own environmental policies and mitigation strategies to use when making decisions on whether to issue rights-of-way for utility-scale solar energy development projects on public lands administered by the BLM. The Agencies have determined that a programmatic environmental impact statement
(PEIS)under the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321, *et seq.* ) is appropriate for the establishment of specific agency-wide solar energy programs and additional related policy. The Agencies are issuing this Notice of Intent to inform the public about the proposed actions; announce plans to conduct eight public scoping meetings; invite public participation in the scoping process; and solicit public comments for consideration in establishing the scope and content of the PEIS, alternatives, and environmental issues and impacts. The Agencies will prepare the PEIS in accordance with NEPA; the Council on Environmental Quality regulations (40 CFR Parts 1500-1508); the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1701, *et seq.* ) DOE's NEPA regulations, 10 CFR Part 1021; and BLM's planning regulations, 43 CFR Part 1600. DATES: The public scoping period starts with the publication of this notice in the **Federal Register** and will continue through July 7, 2008. Written and oral comments will be given equal weight, and the Agencies will consider all comments received or postmarked by July 7, 2008, in defining the scope of this PEIS. Comments received or postmarked after that date will be considered to the extent practicable. Public scoping meetings to obtain comments on the PEIS will be held at the following locations on the dates specified below: Riverside, California: Monday, June 16, 2008; Barstow, California: Tuesday, June 17, 2008; Las Vegas, Nevada: Wednesday, June 18, 2008; Sacramento, California: Thursday, June 19, 2008; Denver, Colorado: Monday, June 23, 2008; Phoenix, Arizona: Tuesday, June 24, 2008; Salt Lake City, Utah: Wednesday, June 25, 2008; Albuquerque, New Mexico: Thursday, June 26, 2008. The Agencies will announce the times and locations of the public meetings through the local media and the project Web site ( *http://solareis.anl.gov* ). ADDRESSES: The Agencies invite interested Federal and State agencies, organizations, Native American tribes, and members of the public to submit comments or suggestions to assist in identifying significant environmental issues and in determining the scope of this PEIS. You may submit written comments by the following methods: • Electronically, using the online comment form available on the project Web site: *http://solareis.anl.gov.* This is the preferred method of commenting. • In writing, addressed to: Solar Energy PEIS Scoping, Argonne National Laboratory, 9700 S. Cass Avenue—EVS/900, Argonne, IL 60439. Scoping meetings will include an introductory presentation on: solar energy technologies and market prospects; the proposed actions and scope of the PEIS, including proposed alternatives and environmental issues and impacts to be analyzed; and the public participation process. Oral comments from the public will begin immediately after the presentation. FOR FURTHER INFORMATION CONTACT: For further information, including information on how to comment, you may contact: Lisa Jorgensen, Department of Energy, Golden Field Office, *lisa.jorgensen@go.doe.gov,* 303-275-4906; or Linda Resseguie, BLM Washington Office, *linda_resseguie@blm.gov* , 202-452-7774, You may also visit the Solar Energy Development PEIS Web site at *http://solareis.anl.gov.* For general information on the DOE NEPA process, please contact: Carol M. Borgstrom, Director, Office of NEPA Policy and Compliance (GC-20), U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-0119; e-mail: *AskNEPA@hq.doe.gov;* telephone: 202-586-4600; leave a message at 1-800-472-2756; or facsimile: 202-586-7031. SUPPLEMENTARY INFORMATION: Background and Need for Agency Action In response to direction from Congress under Title II, Section 211, of the Energy Policy Act of 2005 (Pub.L. 109-58), as well as Executive Order 13212, *Actions to Expedite Energy-Related Projects,* 66 FR 28357 published on May 22, 2001, the Agencies are evaluating whether environmentally responsible utility-scale solar energy projects can be facilitated through developing and implementing agency-specific programs that would establish environmental policies and mitigation strategies for solar energy development. Utility-scale solar energy projects generate electricity that is delivered directly into the electricity transmission grid. The BLM has received a large number of utility-scale solar energy project proposals for BLM-administered lands, mainly in Arizona, California, and Nevada. It currently processes solar energy right-of-way applications for lands under its Solar Energy Development Policy (Instruction Memorandum No. 2007-097), which, among other objectives, establishes requirements for solar energy project environmental review. The DOE Solar Energy Technologies Program currently addresses environmental concerns for solar projects it sponsors through grants on a case-by-case basis. Other DOE program offices may use the PEIS in future decisionmaking. Proposed Action and Alternatives The proposed action in this PEIS is for the Agencies to develop and implement agency-specific programs that would facilitate environmentally responsible utility-scale solar energy development by establishing environmental policies and mitigation strategies related to solar energy development in six western states (Arizona, California, Colorado, New Mexico, Nevada, and Utah). The study area has been limited to these six states based on initial resource assessment showing they encompass the most prospective solar energy resources suitable for utility-scale development over the next 20 years. Through this PEIS, the BLM is considering whether to establish a Bureau-wide solar energy development program to supplement or replace existing BLM solar development policy, and to amend land use plans in the six-state study area to adopt the new program. In addition, the BLM expects to identify BLM-administered land in the six state study area that may be environmentally suitable for solar energy development and land that would be excluded from such development. The PEIS will also consider whether designation by BLM of additional electricity transmission corridors on BLM-administered lands is necessary to facilitate utility-scale solar energy development. Public lands withdrawn or set aside for use by another Federal agency over which the BLM does not have administrative jurisdiction will not be considered by BLM to authorize solar energy development. The PEIS will not include lands within the National Landscape Conservation System, such as National Conservation Areas, National Monuments, Wilderness Areas, Wilderness Study Areas, Wild and Scenic Rivers, and National Historic and Scenic Trails. The PEIS also will not include lands that the BLM has previously identified in its land use plans as environmentally sensitive, such as Areas of Critical Environmental Concern or other special management areas, that are inappropriate for or inconsistent with extensive, surface-disturbing uses. The intention of the PEIS is not to eliminate the need for site-specific environmental review for individual utility-scale solar energy development proposals. Site-specific environmental reviews are expected to be tiered to the PEIS and to be more effective and efficient because of the PEIS. Existing solar energy right-of-way applications will continue to be processed by the BLM on a site-specific, case-by-case basis. As of the date of publication of this Notice, no new solar energy right-of-way applications will be accepted by the BLM until completion of the PEIS. Through this PEIS, DOE is considering developing a solar energy program of environmental policies and mitigation strategies that would apply to the deployment of solar energy projects that are supported by DOE. Policies and mitigation measures adopted as part of the proposed solar energy technology deployment program would identify for DOE, industry, and stakeholders the best practices for deploying solar energy and ensuring minimal impact to natural and cultural resources on BLM-administered lands or other Federal, State, tribal, or private lands. The Agencies invite any Federal, State, or local agency or tribal government with jurisdiction by law or special expertise in solar energy development to be a cooperating agency. The California Energy Commission, California Public Utilities Commission, and California Department of Fish and Game have already indicated that they plan to participate as cooperating agencies. Other agencies or state governments may become cooperating agencies at a later date. No Action Alternative The PEIS will address the no action alternative of
(1)for DOE, not establishing a program of environmental policies and mitigation strategies that would be applicable to solar energy technology deployment supported by its programs, and
(2)for BLM, not establishing a Bureau-wide solar energy development program, not amending its land use plans, and not identifying land that is environmentally suitable for solar energy development or land that would be excluded from such development. Under the no action alternative, DOE and BLM would continue to evaluate solar energy projects on a case-by-case basis (and, for BLM, in accordance with the requirements of the Solar Energy Development Policy, Instruction Memorandum No. 2007-097). Facilitated Development Alternative The PEIS will evaluate a facilitated development alternative (proposed action) that includes the establishment of
(1)for DOE, a solar energy program of environmental policies and mitigation strategies that would apply to the deployment of solar energy project supported by DOE; and
(2)for the BLM, a Bureau-wide solar energy program and the amendment of individual BLM land use plans to address future development of solar energy resources on BLM-administered lands. For this alternative, the Agencies will create a reasonably foreseeable development
(RFD)scenario to define the potential for future utility-scale solar energy development activities over a 20-year study period. This RFD will identify which BLM land use plans might be amended. Examples of possible amendments to land use plans include the
(1)adoption of stipulations (e.g., wildlife management guidelines) applicable to solar energy development projects, and
(2)identification of lands with high solar energy development potential, including the designation of lands suited to competitive leasing, if applicable. Limited Development Alternative For BLM a “limited development” alternative may also be examined that would evaluate the impacts of previously proposed solar energy development projects which have complete plans of development and are awaiting application approval. For DOE, there are no other alternatives at this time. BLM Planning Criteria The FLPMA requires the BLM to develop land use plans, also known as RMPs, to guide the BLM's management of public lands. For solar energy projects to be developed on public lands managed by the BLM, such activities must be provided for in these RMPs. One outcome of the PEIS could be to amend some of BLM's existing RMPs to adopt a new Bureau-wide solar energy program. The BLM's land use planning regulations, which implement the FLPMA, require the BLM to publish, and provide for public review of, the proposed planning criteria that will guide the BLM's land use planning process. This Notice fulfills the BLM's obligation under the FLPMA and the BLM's planning regulations (43 CFR 1610.2(f) and 43 CFR 1610.4-2) to notify the public of its proposed planning criteria. Planning criteria are the constraints, standards, and guidelines that determine what the BLM will or will not consider during its planning process. As such, they establish parameters and help focus analysis of the issues identified in scoping, and structure the preparation of the PEIS. The BLM welcomes public comment on the following proposed planning criteria, which will be used in the development of the PEIS as it is prepared to analyze RMP amendments: • The BLM will prepare RMP amendments in compliance with the FLPMA, the Endangered Species Act, the Clean Water Act, the Clean Air Act, NEPA, and all other applicable laws, Executive Orders, and BLM management policies. • The BLM will use the PEIS as the analytical basis for any decision it makes to amend an individual land use plan to respond to the potential for increased levels of solar energy development on BLM-administered public lands. • The BLM will develop an RFD scenario to predict levels of development. It will identify lands available for utility-scale solar energy development, lands available for utility-scale solar energy development that have restrictive stipulations, and lands not available for utility-scale solar energy development in affected plans. • The BLM will limit its amendment of these plans to utility-scale solar energy development and associated transmission issues and will not address the management of other resources, although the BLM will consider and analyze the impacts from increased use on other managed resource values. • The BLM will continue to manage other resources in the affected planning areas under the pre-existing terms, conditions, and decisions in the applicable RMPs for those other resources. • The BLM will recognize valid existing rights under the RMPs, as amended. • The BLM will coordinate with Federal, State, and local agencies and tribal governments in the PEIS and plan amendment process to strive for consistency with existing plans and policies, to the extent practicable. • The BLM will coordinate with tribal governments and provide strategies for the protection of recognized traditional uses in the PEIS and plan amendment process. • The BLM will take into account appropriate protection and management of cultural and historic resources in the PEIS and plan amendment process, and will engage in all required consultation. • The BLM will recognize in the PEIS and plan amendments the special importance of public lands to people who live in communities surrounded by public lands and the importance of public lands to the nation as a whole. • The BLM will make every effort to encourage public participation throughout the PEIS process. • The BLM has the authority to develop protective management prescriptions for lands with wilderness characteristics within RMPs. As part of the public involvement process for land use planning, the BLM will consider public input regarding lands to be managed to maintain wilderness characteristics. • Environmental protection and energy production are both desirable and necessary objectives of sound land management practices and are not to be considered mutually exclusive priorities. • The BLM will consider and analyze relevant climate change impacts in its land use plans and associated NEPA documents, including the anticipated climate change benefits of solar energy. • The BLM will use geospatial data in a geographic information system
(GIS)to facilitate discussions of the affected environment, formulation of alternatives, analysis of environmental consequences, and display of results. Over the course of the scoping period, as further planning criteria are determined or developed, such criteria will be announced on the project Web site ( *http://solareis.anl.gov* ). Scoping Process Interested parties are invited to participate in the scoping process, both to refine the preliminary alternatives and environmental issues to be analyzed in depth and to eliminate from detailed study those alternatives and environmental issues that are not feasible or pertinent. The scoping process is intended to involve all interested agencies (Federal, State, county, and local), public interest groups, Native American tribes, businesses, and members of the public. Public scoping meetings will be held as indicated above under the DATES section. These scoping meetings will be informal. The presiding officer will establish only those procedures needed to ensure that everyone who wishes to speak has a chance to do so and that the agency representatives understand all issues and comments. Speakers will be allocated approximately three minutes for their oral statements. Depending on the number of persons wishing to speak, the presiding officer may allow longer speaking times. Persons wishing to speak on behalf of an organization should identify that organization in their request to speak. Meetings will begin at the times specified and will continue until all those present who wish to participate have had an opportunity to do so. Should any speaker wish to provide for the record further information that cannot be presented within the designated time, such information may be submitted in writing or electronically to the addresses in the ADDRESSES section by the date listed in the DATES section. The public is encouraged to communicate information and comments on issues it believes the Agencies should address in the PEIS. The Agencies request information and comments on resources in the western United States that utility-scale solar energy development may impact. Comments may address broad issues or specific resources. Individuals should be aware that the entire comment—including personal identifying information (i.e., address, phone number, and e-mail address)—may be made publicly available at any time. While one can request in the comment that personal identifying information be withheld from public review, this cannot be guaranteed. All comments from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be available for public inspection in their entirety. After gathering public comments on issues that should be addressed in the PEIS during the public scoping period, the Agencies will identify and provide the rationale in the PEIS on those issues addressed and those issues determined to be beyond the scope of the PEIS. A scoping summary report will be available for public review approximately 45 days following closure of the public scoping period. The report will be posted on the project Web site ( *http://solareis.anl.gov* ), or may be requested from Lisa Jorgensen, Department of Energy, Golden Field Office, *lisa.jorgensen@go.doe.gov,* 303-275-4906, or Linda Resseguie, BLM Washington Office, *linda_resseguie@blm.gov* , 202-452-7774. Approach and Schedule for the PEIS To consider the variety of resource issues and concerns identified, the Agencies will use an interdisciplinary approach to develop the PEIS. Specialists with expertise in disciplines including but not limited to the following will be involved in the planning process: Solar energy, wildlife and fisheries, vegetation, air quality, outdoor recreation, archaeology, paleontology, hydrology, soils, land use, visual resources, sociology, and economics. The PEIS will describe the purpose and need for the proposed actions, including the effects of solar energy development on the nation's energy supply, economy, and energy security. It will also describe solar energy technologies; the distribution of solar energy resources on a regional scale; activities to be undertaken for site monitoring, evaluation, and utility-scale development; the impacts associated with implementing current technologies; and mitigation measures and constraints relevant to solar energy development. The PEIS will consider ongoing transmission planning efforts underway (e.g., the Western Governors' Association Renewable Energy Zone Project; the California Renewable Energy Transmission Initiative, and the Draft PEIS entitled *Designation of Energy Corridors on Federal Land in the 11 Western States* (DOE/EIS-0386) in evaluating electricity transmission access issues associated with solar energy development in the six-state study area. The need to designate additional electricity transmission corridors on BLM-administered lands to facilitate utility-scale solar energy development will be considered. The PEIS may include NEPA analysis for a limited number of site-specific corridor designations on BLM-administered lands, as appropriate. As currently envisioned, the PEIS will evaluate direct, indirect, and cumulative impacts to wildlife, wildlife habitat, threatened and endangered species, and vegetation; proximity to wilderness or other special management areas; and impacts to cultural, paleontological, socioeconomic, visual, and water resources. These resources are recognized as significant issues associated with utility-scale solar energy development. During the public scoping period, the Agencies will work collaboratively with interested parties to identify the management decisions that are best suited to local, regional, and national needs and concerns. Early participation is encouraged and will help determine the content of each Agency's solar energy program and the future management of the Federal, State, tribal or private lands used for utility-scale solar energy projects. The Agencies anticipate that the Solar Energy Development PEIS will be completed in approximately 22 months; the process will include public and agency scoping; coordination and consultation with Federal, State, and local agencies and tribal governments; publication of a draft PEIS; public review of the draft PEIS; and publication of a final PEIS. The draft PEIS is scheduled to be issued in spring 2009. The availability of the draft PEIS and dates for public hearings soliciting comments on it will be announced in the **Federal Register** and local media. Comments on the draft PEIS will be considered in preparing the final PEIS. Interested parties not submitting comments at this time but who would like to receive a copy of the draft PEIS and other project materials should indicate this preference through the project Web site ( *http://solareis.anl.gov* ), or by contacting Lisa Jorgensen or Linda Resseguie as provided in the ADDRESSES section of this notice. Issued in Washington, DC, on May 23, 2008. Alexander A. Karsner, Assistant Secretary, Energy Efficiency and Renewable Energy, Department of Energy. Ray Brady, Manager, Energy Policy Act Team, Bureau of Land Management, Department of the Interior. [FR Doc. E8-12024 Filed 5-28-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM93-11-000] Revisions to Oil Pipeline Regulations Pursuant to the Energy Policy Act of 1992; Notice of Annual Change in the Producer Price Index for Finished Goods May 21, 2008. The Commission's regulations include a methodology for oil pipelines to change their rates through use of an index system that establishes ceiling levels for such rates. The Commission bases the index system, found at 18 CFR 342.3, on the annual change in the Producer Price Index for Finished Goods (PPI-FG), plus one point three percent (PPI+1.3). The Commission determined in an “Order Establishing Index For Oil Price Change Ceiling Levels” issued March 21, 2006, that PPI+1.3 is the appropriate oil pricing index factor for pipelines to use. 1 1 114 FERC ¶ 61,293 at P 2 (2006). The regulations provide that the Commission will publish annually, an index figure reflecting the final change in the PPI-FG, after the Bureau of Labor Statistics publishes the final PPI-FG in May of each calendar year. The annual average PPI-FG index figures were 160.4 for 2006 and 166.6 for 2007. 2 Thus, the percent change (expressed as a decimal) in the annual average PPI-FG from 2006 to 2007, plus 1.3 percent, is positive .051653. 3 Oil pipelines must multiply their July 1, 2007, through June 30, 2008, index ceiling levels by positive 1.051653 4 to compute their index ceiling levels for July 1, 2008 through June 30, 2009, in accordance with 18 CFR § 342.3(d). For guidance in calculating the ceiling levels for each 12 month period beginning January 1, 1995, 5 see *Explorer Pipeline Company* , 71 FERC 61,416 at n.6 (1995). 2 Bureau of Labor Statistics
(BLS)publishes the final figure in mid-May of each year. This figure is publicly available from the Division of Industrial Prices and Price Indexes of the BLS, at
(202)691-7705, and in print in August in Table 1 of the annual data supplement to the BLS publication Producer Price Indexes via the Internet at *http://www.bls.gov/ppi/home.htm.* To obtain the BLS data, click on “Get Detailed PPI Statistics,” and then under the heading “Most Requested Statistics” click on “Commodity Data.” At the next screen, under the heading “Producer Price Index-Commodity,” select the first box, “Finished goods-WPUSOP3000,” then scroll all the way to the bottom of this screen and click on Retrieve data. 3 [166.6—160.4]/160.4 = 0.038653 + .013 = 0.051653 4 1 + 0.051653 = 1.051653 5 For a listing of all prior multipliers issued by the Commission, see the Commission's Web site, *http://www.ferc.gov.* The table of multipliers can be found under the headings “Oil” and “Index.” In addition to publishing the full text of this Notice in the **Federal Register** , the Commission provides all interested persons an opportunity to view and/or print this Notice via the Internet through FERC's Home Page ( *http://www.ferc.gov* ) and in FERC's Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426. The full text of this Notice is available on FERC's Home Page at the eLibrary link. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field and follow other directions on the search page. User assistance is available for eLibrary and other aspects of FERC's website during normal business hours. For assistance, please contact the Commission's Online Support at 1-866-208-3676 (toll free) or 202-502-6652 (e-mail at *FERCOnlineSupport@ferc.gov* ), or the Public Reference Room at
(202)502-8371, TTY
(202)502-8659. E-Mail the Public Reference Room at *public.referenceroom@ferc.gov.* Kimberly D. Bose, Secretary. [FR Doc. E8-11912 Filed 5-28-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 May 21, 2008. Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: *Docket Numbers:* RP99-301-208. *Applicants:* ANR Pipeline Company. *Description:* ANR Pipeline Co submits an amendment to Rate Schedule FTS-1 and gathering negotiated rate agreements with Eagle Energy Partners I, LP. *Filed Date:* 05/19/2008. *Accession Number:* 20080520-0299. *Comment Date:* 5 p.m. Eastern Time on Monday, June 2, 2008. *Docket Numbers:* RP06-200-043. *Applicants:* Rockies Express Pipeline LLC. *Description:* Rockies Express Pipeline LLC submits First Revised Sheet 9E.01 *et al.* to FERC Gas Tariff, Second Revised Volume 1, to become effective 5/20/08. *Filed Date:* 05/19/2008. *Accession Number:* 20080520-0296. *Comment Date:* 5 p.m. Eastern Time on Monday, June 2, 2008. *Docket Numbers:* RP08-251-001. *Applicants:* Transcontinental Gas Pipe Line Corp. *Description:* Transcontinental Gas Pipe Line Corp submits Fifty-Third Revised Sheet 27 *et al.* to FERC Gas Tariff, Third Revised Volume 1. *Filed Date:* 05/19/2008. *Accession Number:* 20080520-0295. *Comment Date:* 5 p.m. Eastern Time on Monday, June 2, 2008. *Docket Numbers:* RP08-381-000. *Applicants:* Questar Southern Trails Pipeline Company. *Description:* Questar Southern Trails Pipeline Co submits Third Revised Sheet 65 *et al.* to FERC Gas Tariff, Original Volume 1, to become effective 6/11/08. *Filed Date:* 05/19/2008. *Accession Number:* 20080520-0298. *Comment Date:* 5 p.m. Eastern Time on Monday, June 2, 2008. *Docket Numbers:* RP08-382-000. *Applicants:* Wyoming Interstate Company, Ltd. *Description:* Wyoming Interstate Co, Ltd submits Seventh Revised Sheet 10 *et al.* to FERC Gas Tariff, Second Revised Volume 2, to become effective 7/1/08. *Filed Date:* 05/19/2008. *Accession Number:* 20080520-0297. *Comment Date:* 5 p.m. Eastern Time on Monday, June 2, 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. E8-11918 Filed 5-28-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings # 1 May 19, 2008. Take notice that the Commission received the following electric corporate filings: *Docket Numbers:* EC08-67-000. *Applicants:* LS Power Development, LLC; Luminus Management, LLC. *Description:* Supplemental filing of LS Power Development, LLC *et al.* in support of their joint application for approval under section 203 of the Federal Power Act. *Filed Date:* 05/13/2008. *Accession Number:* 20080515-0271. *Comment Date:* 5 p.m. Eastern Time on Tuesday, June 3, 2008. *Docket Numbers:* EC08-88-000. *Applicants:* Black Hills Wyoming, Inc. Description: Application of Black Hills Wyoming, Inc. for Approval Under Federal Power Act section 203 Authorization for Sale of a Public Utility Facility. *Filed Date:* 05/16/2008. *Accession Number:* 20080519-5004. *Comment Date:* 5 p.m. Eastern Time on Friday, June 6, 2008. Take notice that the Commission received the following exempt wholesale generator filings: *Docket Numbers* : EG08-72-000. *Applicants:* Locust Ridge II, LLC. *Description:* Notice of Self-Certification of Exempt Wholesale Generator Status of Locust Ridge II, LLC. *Filed Date:* 05/14/2008. *Accession Number:* 20080514-5064. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 4, 2008. *Docket Numbers:* EG08-73-000. *Applicants:* Lempster Wind, LLC. *Description:* Notice of Self-Certification of Exempt Wholesale Generator Status of Lempster Wind, LLC. *Filed Date:* 05/16/2008. *Accession Number:* 20080516-5099. *Comment Date:* 5 p.m. Eastern Time on Friday, June 6, 2008. Take notice that the Commission received the following electric rate filings: *Docket Numbers:* ER02-579-006. *Applicants:* Capitol District Energy Center Cogeneration. *Description:* Notification of Change in Status of Capitol District Energy Center Cogeneration Associates. *Filed Date:* 05/15/2008. *Accession Number:* 20080515-5069. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 5, 2008. *Docket Numbers:* ER02-580-007. *Applicants:* Pawtucket Power Assoc. Lp. *Description:* Notification of Change in Status of Pawtucket Power Associates Limited Partnership. *Filed Date:* 05/15/2008. *Accession Number:* 20080515-5073. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 5, 2008. *Docket Numbers:* ER05-968-002. *Applicants:* Basin Creek Equity Partners L.L.C. *Description:* Notification of Change in Status of Basin Creek Equity Partners L.L.C. *Filed Date:* 05/15/2008. *Accession Number:* 20080515-5070. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 5, 2008. *Docket Numbers:* ER08-572-002. *Applicants:* Entergy Services, Inc. *Description:* Entergy Operating Companies submits Substitute Sheet 653 to their Open Access Transmission Tariff in compliance with the Commission's 4/15/08 Order. *Filed Date:* 05/15/2008. *Accession Number:* 20080516-0145. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 5, 2008. *Docket Numbers:* ER08-743-001. *Applicants:* Southwest Power Pool, Inc. *Description:* Southwest Power Pool, Inc. submits Substitute Second Revised Sheet 354 to FERC Electric Tariff, Fifth Revised Volume 1 to their 3/28/08 filing of Open Access transmission Tariff, effective 6/1/08. *Filed Date:* 05/15/2008. *Accession Number:* 20080516-0146. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 5, 2008. *Docket Numbers:* ER08-934-001. *Applicants:* Locust Ridge II, LLC. *Description:* Locust Ridge II, LLC submits revision to the Application for Market-Based Rate Authorization filed on 5/9/08 to reflect Locust Ridge II correct name. *Filed Date:* 05/15/2008. *Accession Number:* 20080516-0144. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 5, 2008. *Docket Numbers:* ER08-952-000. *Applicants:* ISO New England Inc. and New England Power Pool Participants Committee. *Description:* ISO New England, Inc. and New England Power Pool Participants Committee submits revision to the Forward Capacity Market etc., to be effective 5/15/08. *Filed Date:* 05/14/2008. *Accession Number:* 20080516-0028. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 4, 2008. *Docket Numbers:* ER08-953-000. *Applicants:* Wisconsin Electric Power Company. *Description:* Wisconsin Electric Power Company submits revised Facilities Agreement Between Wisconsin Electric and the City of Oconomowoc. *Filed Date:* 05/14/2008. *Accession Number:* 20080516-0035. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 4, 2008. *Docket Numbers:* ER08-954-000. *Applicants:* Kelson Energy III LLC. *Description:* Kelson Energy III LC submits its market-based rate tariff, Electric Tariff, Original Volume 1 effective 3/1/08. *Filed Date:* 05/14/2008. *Accession Number:* 20080516-0029. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 4, 2008. *Docket Numbers:* ER08-955-000. *Applicants:* Southern Company Services, Inc. *Description:* Georgia Power Company submits Updated Depreciation Rates for use in the calculation of changes for services provided under Southern Company Services, Inc's Open Access Transmission Tariff. *Filed Date:* 05/14/2008. *Accession Number:* 20080516-0030. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 4, 2008. *Docket Numbers:* ER08-956-000. *Applicants:* Pacific Gas and Electric Company. *Description:* Pacific Gas and Electric Company submits an amendment to the Generator Special Facilities Agreement for the Contra Costa 8 power project, now known as the Gateway Generating Station etc. *Filed Date:* 05/15/2008. *Accession Number:* 20080516-0031. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 5, 2008. *Docket Numbers:* ER08-957-000. *Applicants:* ISO New England Inc. *Description:* ISO New England Inc request that the Commission accept the First Quarter 2008 Report as filed, effective 4/1/08. *Filed Date:* 05/15/2008. *Accession Number:* 20080516-0032. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 5, 2008. *Docket Numbers:* ER08-958-000. *Applicants:* Trans-Allegheny Interstate Line Company. *Description:* Revised Sheet 3141.01 *et al.* of the Open Access Transmission Tariff of PJM Interconnection LLC, FERC Electric Tariff, Sixth Revised Volume 1 effective on 5/15/08. *Filed Date:* 05/15/2008. *Accession Number:* 20080516-0033. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 5, 2008. *Docket Numbers:* ER08-959-000. *Applicants:* Florida Power Corporation. *Description:* Florida Power Corporation submits informational filing for Progress Energy Florida, Inc's Annual Update for its OATT formula transmission rate. *Filed Date:* 05/15/2008. *Accession Number:* 20080516-0034. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 5, 2008. *Docket Numbers:* ER08-960-000. *Applicants:* California Independent System Operator Corporation. *Description:* California Independent System Operator Corp's Petition for Waiver of Tariff Provisions to Accommodate Transition to Reformed Large Generator Interconnection Procedures and Motion to Shorten Comment Period. *Filed Date:* 05/15/2008. *Accession Number:* 20080516-0143. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 29, 2008. *Docket Numbers:* ER08-976-000. *Applicants:* Baltimore Gas and Electric Company. *Description:* Baltimore Gas and Electric Company, *et al.* Electronic Informational Filing of 2008 Formula Rate Annual Update. *Filed Date:* 05/15/2008. *Accession Number:* 20080515-5049. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 5, 2008. *Docket Numbers:* ER08-977-000. *Applicants:* Atlantic City Electric Company. *Description:* Informational Filing of 2008 Formula Rate Update of Atlantic City Electric Company. *Filed Date:* 05/15/2008. *Accession Number:* 20080515-5096. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 5, 2008. *Docket Numbers:* ER08-978-000. *Applicants:* Delmarva Power & Light Company. *Description:* Informational Filing of 2008 Formula Rate Update of Delmarva Power & Light Company. *Filed Date:* 05/15/2008. *Accession Number:* 20080515-5104. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 5, 2008. *Docket Numbers:* ER08-979-000. *Applicants:* Potomac Electric Power Company. *Description:* Informational Filing of 2008 Formula Rate Update of Potomac Electric Power Company. *Filed Date:* 05/15/2008. *Accession Number:* 20080515-5128. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 5, 2008. Take notice that the Commission received the following foreign utility company status filings: *Docket Numbers:* FC07-30-000. *Applicants:* Calpine Island Cogeneration, LP, Calpine Power, LP *Description:* Notification of Change of Address on behalf of Harbinger Capital Partners Master Fund I, Ltd., *et al.* under EC08-59, *et al.* *Filed Date:* 05/16/2008. *Accession Number:* 20080516-5088. *Comment Date:* 5 p.m. Eastern Time on Friday, June 6, 2008. Take notice that the Commission received the following open access transmission tariff filings: *Docket Numbers:* OA07-34-001. *Applicants:* Sierra Pacific Resources Operating Compa. *Description:* Order No. 890 OATT Compliance Filing of the Sierra Pacific Resources Operating Companies under OA07-34. *Filed Date:* 05/16/2008. *Accession Number:* 20080519-5023. *Comment Date:* 5 p.m. Eastern Time on Friday, June 6, 2008. *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 4, 2008. *Docket Numbers:* OA08-100-001. *Applicants:* Duke Energy Carolinas, LLC. *Description:* Supplemental Refund Report of Duke Energy Carolinas, LLC under OA08-100. *Filed Date:* 05/16/2008. *Accession Number:* 20080516-5106. *Comment Date:* 5 p.m. Eastern Time on Friday, June 6, 2008. *Docket Numbers:* OA08-116-000. *Applicants:* Wolverine Power Supply Cooperative, Inc. *Description:* Request for Renewal of Waiver of Standards of Conduct of Wolverine Power Supply Cooperative, Inc. under OA08-116. *Filed Date:* 05/16/2008. *Accession Number:* 20080516-5079. *Comment Date:* 5 p.m. Eastern Time on Friday, June 6, 2008. Take notice that the Commission received the following public utility holding company filings: *Docket Numbers:* PH08-26-000. *Applicants:* FMR LLC, FIL Limited. *Description:* FERC-65A Exemption Notification of Status as Passive Investors of FMR LLC and FIL Limited. *Filed Date:* 05/16/2008. *Accession Number:* 20080516-5084. *Comment Date:* 5 p.m. Eastern Time on Friday, June 6, 2008. Take notice that the Commission received the following electric reliability filings: *Docket Numbers:* RR08-1-002. *Applicants:* North American Electric Reliability Corp. *Description:* Compliance Filing of the North American Electric Reliability Corporation in Response to the Commission's February 21 2008 Order. *Filed Date:* 05/16/2008 *Accession Number:* 20080516-5110. *Comment Date:* 5 p.m. Eastern Time on Monday, June 16, 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. E8-11920 Filed 5-28-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-401-000] Natural Gas Pipeline Company of America LLC; Notice of Request Under Blanket Authorization May 21, 2008. Take notice that on May 15, 2008, Natural Gas Pipeline Company of America LLC (Natural), 3250 Lacey Road, Suite 700, Downers Grove, Illinois 60515, filed in Docket No. CP08-401-000, a prior notice request pursuant to sections 157.205, 157.208, 157.211, and 157.212 of the Federal Energy Regulatory Commission's regulations under the Natural Gas Act for authorization to construct, own, and operate an interconnection with Golden Pass Pipeline LLC (Golden Pass) to receive re-vaporized liquefied natural gas (LNG), located in Jefferson County, Texas, and initially to deliver gas into Golden Pass to facilitate the commissioning of the new pipeline system, all as more fully set forth in the application, which is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at *FERCOnlineSupport@ferc.gov* or call toll-free,
(866)208-3676 or TTY,
(202)502-8659. Natural proposes to construct and operate facilities necessary to receive up to 900 MMcf/day of re-vaporized LNG from Golden Pass (and initially, to deliver natural gas into it for commissioning purposes) at a new interconnect that will be located near Dennis Gahagan Survey, Abstract A-123 in Jefferson County, Texas. Natural proposes to construct two 24-inch taps, approximately 0.4 miles of 24-inch pipe, and appurtenances, on its Louisiana No. 1 and No. 2 Lines to receive the re-vaporized gas. Golden Pass will install and own four 12-inch ultrasonic meter runs, flow control valves, electronic flow measurement and other related equipment. The proposed facilities will provide Natural with a new receipt interconnect and allow Golden Pass to deliver up to 900 MMcf/day. The estimated cost of the project is approximately $2.5 million, and all costs associated with the project will be reimbursed by Golden Pass. The proposed in-service date for the interconnect facilities is September 1, 2008. Any questions regarding the application should be directed to Norman Watson, Director, Business Development, Natural Gas Pipeline Company of America LLC, 500 Dallas Street, Suite 1000, Houston, Texas 77002, at
(713)369-9219 or Bruce H. Newsome, Vice President, Natural Gas Pipeline Company of America LLC, 3250 Lacey Road, Suite 700, Downers Grove, Illinois 60515, at
(630)725-3070. Any person may, within 60 days after the issuance of the instant notice by the Commission, file pursuant to Rule 214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to intervene or notice of intervention. Any person filing to intervene or the Commission's staff may, pursuant to section 157.205 of the Commission's Regulations under the Natural Gas Act
(NGA)(18 CFR 157.205), file a protest to the request. If no protest is filed within the time allowed therefore, the proposed activity shall be deemed to be authorized effective the day after the time allowed for protest. If a protest is filed and not withdrawn within 30 days after the time allowed for filing a protest, the instant request shall be treated as an application for authorization pursuant to section 7 of the NGA. The Commission strongly encourages electronic filings of comments, protests, and interventions via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site *(http://www.ferc.gov)* under the “e-Filing” link. Kimberly D. Bose, Secretary. [FR Doc. E8-11914 Filed 5-28-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-402-000] Natural Gas Pipeline Company of America LLC; Notice of Request Under Blanket Authorization May 21, 2008. Take notice that on May 15, 2008, Natural Gas Pipeline Company of America LLC (Natural), 3250 Lacey Road, Suite 700, Downers Grove, Illinois 60515, filed in Docket No. CP08-402-000, a prior notice request pursuant to sections 157.205, 157.208, 157.211, and 157.212 of the Federal Energy Regulatory Commission's regulations under the Natural Gas Act for authorization to construct and operate facilities to connect Natural's pipeline system to Kinder Morgan Louisiana Pipeline LLC
(KMLP)in Cameron Parish, Louisiana in order to receive re-vaporized liquefied natural gas
(LNG)or to deliver natural gas, all as more fully set forth in the application, which is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at *FERCOnlineSupport@ferc.gov* or call toll-free,
(866)208-3676 or TTY,
(202)502-8659. Natural proposes to construct and operate facilities necessary to establish a bi-directional interconnect with KMLP at a new interconnect point in Cameron Parish, Louisiana. The facilities include two 30-inch taps, and appurtenances, on Natural's existing Louisiana No. 1 and No. 2 pipelines located south of Highway 82 in Cameron Parish, Louisiana. The facilities will interconnect with Natural's system to Leg 2 of KMLP (a one mile 36-inch pipe) and will support Natural's lease of capacity to KMLP previously approved in Docket No. CP06-448-000. This interconnect will allow Natural to receive re-vaporized LNG from KMLP or to deliver natural gas to KMLP. KMLP will install and own bi-directional ultrasonic meters, a gas filter, electronic flow measurement equipment, and monitoring devices. The estimated cost of the project is approximately $1.03 million and all costs associated with the project will be reimbursed by KMLP. The proposed in-service date for the interconnect facilities is September 1, 2008. Any questions regarding the application should be directed to Norman Watson, Director, Business Development, Natural Gas Pipeline Company of America LLC, 500 Dallas Street, Suite 1000, Houston, Texas 77002, at
(713)369-9219 or Bruce Newsome, Vice President, Natural Gas Pipeline Company of America LLC, 3250 Lacey Road, Suite 700, Downers Grove, Illinois 60515, at
(630)725-3070. Any person may, within 60 days after the issuance of the instant notice by the Commission, file pursuant to Rule 214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to intervene or notice of intervention. Any person filing to intervene or the Commission's staff may, pursuant to section 157.205 of the Commission's Regulations under the Natural Gas Act
(NGA)(18 CFR 157.205), file a protest to the request. If no protest is filed within the time allowed therefore, the proposed activity shall be deemed to be authorized effective the day after the time allowed for protest. If a protest is filed and not withdrawn within 30 days after the time allowed for filing a protest, the instant request shall be treated as an application for authorization pursuant to section 7 of the NGA. The Commission strongly encourages electronic filings of comments, protests, and interventions via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. Kimberly D. Bose, Secretary. [FR Doc. E8-11915 Filed 5-28-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-400-000] Tennessee Gas Pipeline Company; Notice of Request Under Blanket Authorization May 21, 2008. Take notice that on May 19, 2008, Tennessee Gas Pipeline Company (“Tennessee”), 1001 Louisiana, Houston, Texas 77002, filed in Docket No. CP08-400-000, a prior notice request pursuant to sections 157.205, 157.208(c), and 157.212 of the Federal Energy Regulatory Commission's regulations under the Natural Gas Act for authorization to construct, own, and operate an interconnection with Kinder Morgan Louisiana Pipeline, LLC (“KMLP”) located in Jefferson Davis Parish, Louisiana to receive re-vaporized liquefied natural gas (LNG), all as more fully set forth in the application, which is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at *FERCOnlineSupport@ferc.gov* or call toll-free,
(866)208-3676 or TTY,
(202)502-8659. Tennessee proposes to establish a new interconnection with KMLP on Tennessee's pipeline designated as Line 507C-100 located in Jefferson Davis Parish, Louisiana. Tennessee will install a 20-inch hot tap along with appurtenances. KMLP will install a related tap and metering facilities pursuant to section 7 authorization granted by the Commission in Docket No. CP06-449. The interconnection will allow KMLP to deliver, and Tennessee to receive, up to 500 MMcf per day. The cost of Tennessee's interconnection facilities is estimated to be $392,000 for which Tennessee will be fully reimbursed by KMLP. Any questions regarding the application should be directed to Jay V. Allen, Senior Counsel, Tennessee Gas Pipeline Company, 1001 Louisiana, Houston, Texas 77002, at
(713)420—5589 or fax
(713)420-1601 or Juan Eligio, Analyst, Certificates & Regulatory Compliance, at
(713)420-3294 or fax
(713)420-1605. Any person may, within 60 days after the issuance of the instant notice by the Commission, file pursuant to Rule 214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to intervene or notice of intervention. Any person filing to intervene or the Commission's staff may, pursuant to section 157.205 of the Commission's Regulations under the Natural Gas Act
(NGA)(18 CFR 157.205), file a protest to the request. If no protest is filed within the time allowed therefore, the proposed activity shall be deemed to be authorized effective the day after the time allowed for protest. If a protest is filed and not withdrawn within 30 days after the time allowed for filing a protest, the instant request shall be treated as an application for authorization pursuant to section 7 of the NGA. The Commission strongly encourages electronic filings of comments, protests, and interventions via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site *(http://www.ferc.gov)* under the “e-Filing” link. Kimberly D. Bose, Secretary. [FR Doc. E8-11913 Filed 5-28-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. AD08-5-000] Compliance Workshop; First Notice of Workshop on Regulatory Compliance May 21, 2008. The staff of the Federal Energy Regulatory Commission (Commission) will hold a workshop on July 8, 2008, from 9:30 a.m. to 12 noon Eastern Daylight time, in the Commission Meeting Room at the Commission's Washington, DC headquarters, 888 First Street, NE. This workshop will provide a forum for interested participants to share perspectives and information on federal energy regulatory compliance. The workshop will focus, in particular, on the elements of a sound compliance program. One or more of the Commissioners may attend the workshop. The purpose of this notice is to advise the public of the date and time. More information on the topics to be explored and the format of the workshop will be provided in a subsequent notice. This workshop will neither be Web-cast nor transcribed. All interested parties are invited, and there is no registration fee to attend. Commission conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an e-mail to *accessibility@ferc.gov* or call toll free 1-866-208-3372 (voice) or 202-208-1659 (TTY), or send a FAX to 202-208-2106 with the required accommodations. Questions about the workshop may be directed to Jamie Jordan, Attorney-Advisor, Office of Enforcement, Division of Investigations, by e-mail at *Jamie.Jordan@ferc.gov* or by telephone at 202-502-6628. Kimberly D. Bose, Secretary. [FR Doc. E8-11916 Filed 5-28-08; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2008-0264; FRL-8572-8] Agency Information Collection Activities; Proposed Collection; Comment Request; Protection of Stratospheric Ozone: Recordkeeping and Periodic Reporting of the Production, Import, Recycling, Destruction, Transhipment, and Feedstock Use of Ozone-Depleting Substances (Renewal); EPA ICR No. 1432.29, OMB Control No. 2060-0170 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request
(ICR)to the Office of Management and Budget (OMB). This ICR, 1432.25, is scheduled to expire on December 31, 2008. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before July 28, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2008-0264 by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: a-and-r-Docket@epa.gov.* • *Fax:* 202-566-1741. • *Mail:* EPA-HQ-OAR-2008-0264, Environmental Protection Agency, Mailcode: 6205J, 1200 Pennsylvania Ave., NW., Washington, DC 20460. • *Hand Delivery:* EPA-HQ-OAR-2008-0264, Air and Radiation Docket at EPA West, 1301 Constitution Avenue, NW., Room B108, Mail Code 6102T, Washington, DC 20460. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OAR-2008-0264. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . FOR FURTHER INFORMATION CONTACT: Kirsten Cappel, Stratospheric Protection Division, Office of Atmospheric Programs, (6205J), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:
(202)343-9556; fax number:
(202)343-2338; e-mail address: *cappel.kirsten@epa.gov* . You may also visit the Ozone Depletion Web site of EPA's Stratospheric Protection Division at *http://www.epa.gov/ozone/strathome.html* for further information about EPA's Stratospheric Ozone Protection regulations, the science of ozone layer depletion, and related topics. SUPPLEMENTARY INFORMATION: How Can I Access the Docket and/or Submit Comments? EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OAR-2008-0264, which is available for online viewing at *http://www.regulations.gov* , or in person viewing at the Air and Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for Air and Radiation Docket is 202-566-1742. Use *http://www.regulations.gov* to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified in this document. What Information Is EPA Particularly Interested in? Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it to:
(i)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;
(ii)evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(iii)enhance the quality, utility, and clarity of the information to be collected; and
(iv)minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. What Should I Consider when I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Offer alternative ways to improve the collection activity. 6. Make sure to submit your comments by the deadline identified under DATES . 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. What Information Collection Activity or ICR Does this Apply to? *Affected entities:* Entities potentially affected by this action are producers, importers, and distributors of chlorofluorocarbons and methyl bromide, as well as research institutions using such substances. *Title:* Agency Information Collection Activities; Proposed Collection; Comment Request; Protection of Stratospheric Ozone: Recordkeeping and Periodic Reporting of the Production, Import, Recycling, Destruction, Transhipment, and Feedstock Use of Ozone-Depleting Substances (Renewal). *ICR numbers:* EPA ICR No. 1432.29, OMB Control No. 2060-0170. *ICR status:* EPA ICR 1432.25 is currently scheduled to expire on December 31, 2008. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in Title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. **Abstract:** EPA is seeking to renew EPA ICR 1432.25 which authorizes the recordkeeping and reporting requirements established in the regulations stated in 40 CFR part 82, subpart A and as required by the United States' commitments under the international treaty *The Montreal Protocol on Substances that Deplete the Ozone Layer* (Protocol). This information collection allows EPA to monitor the United States' compliance with the Protocol and Title VI of the Clean Air Act Amendments of 1990 (CAA). Under its Protocol commitments, the United States is obligated to cease production and import of Class I controlled substances excluding chlorofluorocarbons
(CFCs)that are subject to essential use exemptions, methyl bromide that is subject to critical use exemptions or exemptions for quarantine and preshipment uses or emergency uses, previously used material, and material that will be transformed, destroyed, or exported to developing countries. The Protocol also establishes limits and reduction schedules leading to the eventual phaseout of Class II controlled substances with similar exemptions beyond the phaseout. In addition to the Montreal Protocol, the CAA has its own limits on production and consumption of controlled substances that EPA must adhere to and enforce. Under 40 CFR 82.13, producers, importers, exporters, distributors, and other entities must meet quarterly, annual, and/or transactional recordkeeping and reporting requirements for Class I ozone-depleting substances (ODS). This information collection is conducted to meet U.S. obligations under the Montreal Protocol. The information collection request is required to obtain a benefit under Title VI of the CAA, added by Section 764 of the 1999 Omnibus Consolidated and Emergency Supplemental Appropriations Act (Pub. L. No. 105-277; October 21, 1998). The reporting and recordkeeping requirements for Class I ODS will enable EPA to: 1. Ensure compliance with the restrictions on production, import, and export of Class I controlled substances; 2. Allow exempted production and import for certain uses and the consequent tracking of that production and import; 3. Address industry and Federal concerns regarding the illegal import of mislabeled used controlled substances; 4. Satisfy the United States' obligations to report data under Article 7 of the Protocol; 5. Fulfill statutory obligations under Section 603(b) of the CAA for reporting and monitoring; 6. Provide information to report to the U.S. Congress on the production, use, and consumption of Class I controlled substances as statutorily required in Section 603(d) of Title VI of the CAA. The reported data will enable EPA to: 1. Maintain compliance with the Protocol requirements for annual data submission on the production of ODS; and 2. Analyze technical use data to ensure that exemptions are used in accordance with requirements included in the annual authorization rulemakings. EPA informs respondents that they may assert claims of business confidentiality for any of the information they submit. Information claimed confidential will be treated in accordance with the procedures for handling information claimed as confidential under 40 CFR Part 2, Subpart b, and will be disclosed only if EPA determines that the information is not entitled to confidential treatment. If no claim of confidentiality is asserted when the information is received by EPA, it may be made available to the public without further notice to the respondents (40 CFR 2.203). Individual reporting data may be claimed as sensitive and will be treated as confidential information in accordance with procedures outlined in 40 CFR Part 2. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 2.4 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The ICR provides a detailed explanation of the Agency's estimate, which is only briefly summarized here: • Estimated total number of potential respondents: 1157. • Frequency of response: — Producers, importers, holders of essential use allowances, laboratory suppliers, and distributors of QPS methyl bromide (Class I, Group VI substances) are to report to EPA quarterly (45 days after the end of each quarter); — Exporters, and persons that destroy and transform Class I controlled ODS are to report to EPA annually (45 days after the end of the control period); — Persons wanting to trade with another Party to the Protocol, undertake interpollutant conversions, transfer allowances, import used Class I controlled substances (i.e. petition) are to submit reports to EPA on a transactional basis. — All entities may be required to provide other such information that the Administrator may reasonably require to comply with requests from the Ozone Secretariat seeking information required by decisions taken by the Parties to the Montreal Protocol. • Estimated total average number of responses for each respondent: 1.6. • Estimated total annual burden hours: 2810 hours. • Estimated total annual costs: $269,242. This includes an estimated burden cost of $263,662 and an estimated cost of $5,580 for capital investment or maintenance and operational costs. Are There Changes in the Estimates from the Last Approval? There is a decrease of 5,560 hours in the total estimated respondent burden compared with that identified in the EPA ICR 1432.25 which is currently approved by OMB. This large decrease is primarily due to a decrease in the overall burden for compliance, specifically the hours needed to certify laboratory and QPS uses of ozone depleting substances. The prior estimate for self certification was much higher than the Agency's experience has shown it to be. The burden and cost estimates for the Agency increased largely due to increases in the average hourly wage rate caused by normal inflation. As implementation of electronic reporting via the Agency's central data exchange
(CDX)expands to additional segments of the regulated community, EPA expects burden and costs to further decline. EPA anticipated that when the CDX system becomes fully utilized, all required data will be submitted and tracked electronically, thus reducing and/or eliminating reporting by paper. What is the Next Step in the Process for this ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another **Federal Register** notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT . Dated: May 22, 2008. Drusilla Hufford, Director, Stratospheric Protection Division. [FR Doc. E8-11986 Filed 5-28-08; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION [AU Docket No. 08-46; Report No. AUC-08-78-B (Auction 78); DA 08-1090] Auction of AWS-1 and Broadband PCS Licenses Rescheduled for August 13, 2008; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction 78 AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: This document announces the procedures and minimum opening bids for the upcoming auction of AWS-1 and Broadband PCS Licenses (Auction 78). This document is intended to familiarize prospective bidders with the procedures and minimum opening bids for the auction. DATES: This auction has been rescheduled from July 29, 2008, to August 13, 2008. Short-form Applications to participate in Auction 78 must be filed before 6:00 p.m. ET on June 19, 2008. The upfront payments deadline for Auction 78 is July 17, 2008, 6:00 p.m. ET. Bidding for Auction No. 78 is scheduled to begin on August 13, 2008. FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau, Auctions Spectrum and Access Division For legal questions: Scott Mackoul or Stephen Johnson at
(202)418-0660. For general auction questions: Barbara Sibert at
(717)338-2868. Mobility Division For Broadband PCS service rule questions: Erin McGrath (legal), Keith Harper (engineering) and Denise Walter (licensing) at
(202)418-0620. Broadband Division For AWS-1 service rule questions: John Spencer at
(202)418-2487. To request materials in accessible formats (Braille, large print, electronic files or audio format) for people with disabilities, send an e-mail to *fcc504@fcc.gov* or call the Consumer and Governmental Affairs Bureau at
(202)418-0530 or
(202)418-0432 (TTY). SUPPLEMENTARY INFORMATION: This is a summary of the *Auction 78 Procedures Public Notice* which was released on May 16, 2008. The complete texts of the *Auction 78 Procedures Public Notice* including attachments, as well as related Commission documents, are available for public inspection and copying from 8 a.m. to 4:30 p.m. ET Monday through Thursday or from 8 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information Center, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. The *Auction 78 Procedures Public Notice* and related Commission documents may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 202-488-5300, facsimile 202-488-5563, or Web site: *http://www.BCPIWEB.com* . The *Auction 78 Procedures Public Notice* and related documents are also available on the Internet at the Commission's Web site: *http://wireless.fcc.gov/auctions/78/* . I. General Information A. Introduction 1. The Wireless Telecommunications Bureau (Bureau) announced the procedures and minimum opening bid amounts for the upcoming auction of Advanced Wireless Services
(AWS)and broadband Personal Communications Service
(PCS)licenses. This auction, which is designated as Auction 78, is rescheduled and will start on August 13, 2008. Auction 78 will offer 55 licenses: 35 licenses in the AWS 1710-1755 MHz and 2110-2155 MHz bands (AWS-1) and 20 broadband PCS licenses. i. Background of Proceeding 2. The spectrum associated with licenses to be auctioned in Auction 78 has been either previously licensed and returned to the Commission as a result of license cancellation or termination or offered previously in other auctions but remained unsold. 3. On April 4, 2008, in accordance with Section 309(j)(3) of the Communications Act of 1934, as amended, the Bureau released a public notice seeking comment on competitive bidding procedures to be used in Auction 78. Interested parties submitted one comment and one reply comment in response to the *Auction 78 Comment Public Notice* , 73 FR 20664, April 16, 2008. ii. Licenses To Be Offered in Auction 78 4. A complete list of licenses available for Auction 78 is included as Attachment A of the *Auction 78 Procedures Public Notice* . In addition, Attachment B of the *Auction 78 Procedures Public Notice* provides a map for the broadband PCS E block license in the Walla Walla, WA-Pendleton, OR Basic Trading Area
(BTA)market (BTA460) that is available in Auction 78. B. License Descriptions i. AWS-1 Licenses 5. Auction 78 will offer 35 AWS-1 licenses for which there were no winning bids in Auction 66. These licenses consist of six Regional Economic Area Grouping
(REAG)licenses, seven Economic Area
(EA)licenses, and 22 Cellular Market Area
(CMA)licenses shown in Table 1 of the *Auction 78 Procedures Public Notice* . ii. Broadband PCS Licenses 6. Auction 78 includes 20 broadband PCS licenses in the C, D, E and F frequency blocks in full or partial BTA markets. 7. Certain C block licenses are subject to an eligibility restriction making them available only to entrepreneurs in closed bidding. In order for a bidder to qualify as an entrepreneur, it, along with its attributable investors and affiliates, must have had gross revenues of less than $125 million in each of the last two years and must have less than $500 million in total assets. 8. The Commission adopted this eligibility restriction when it originally established the framework for broadband PCS auctions in the *Competitive Bidding Fifth Report and Order,* 59 FR 37566, July 22, 1994. Specifically, it reserved all C and F block licenses in broadband PCS as set-aside licenses for which eligibility would be limited to entrepreneurs. 9. The Commission amended the entrepreneur eligibility restrictions in 2000. Specifically, it reconfigured the license size for the C block, creating three 10 megahertz licenses out of each 30 megahertz C block license, and divided BTAs into two categories based on population: Tier 1 markets are those BTAs with populations equal to or greater than 2.5 million and Tier 2 markets are the BTAs with populations below 2.5 million. The Commission then adopted open bidding (i.e., bidding open to both entrepreneurs and non-entrepreneurs) for two of the three newly reconfigured 10 megahertz C block licenses in Tier 1 markets, and for one of the three newly reconfigured 10 megahertz C block licenses in Tier 2 markets. The remaining 10 megahertz C block licenses in Tier 1 and 2 were reserved for entrepreneurs. For 15 megahertz C block licenses, the Commission eliminated the entrepreneur eligibility requirements in Tier 1 markets, but maintained them in Tier 2 markets. The Commission also removed the eligibility restriction on all F block licenses regardless of market. The Commission stated that these rules would apply to any subsequent auctions of C or F block licenses, including any spectrum made available or reclaimed from bankruptcy proceedings in the future. 10. Table 2 of the *Auction 78 Procedures Public Notice* cross-references the general rules regarding block/eligibility status/frequencies of broadband PCS licenses in the C, D, E, and F blocks. 11. As indicated in Table 2 of the *Auction 78 Procedures Public Notice,* C1, C2, C3, and C4 block licenses in Tier 2 marked with an asterisk are generally available only to entrepreneurs at auction in closed bidding. However, when the Commission amended the entrepreneur eligibility restrictions in 2000, it also decided to no longer apply this eligibility restriction to any of these licenses that have been previously made available through closed bidding, but not won, in any auction beginning on or after March 23, 1999. Such licenses are instead to be offered in open bidding. As a result, of the 20 broadband PCS licenses available in Auction 78, 11 are open to all bidders and 9 are available only to entrepreneurs in closed bidding. 12. A commenter argues that the Commission should reconsider this eligibility restriction and should make all broadband PCS licenses in Auction 78 available without restriction. The commenter contends that circumstances have changed dramatically since the Commission amended the C block eligibility rules in 2000 and offers a number of policy-based arguments in support of its position. 13. The changes requested by the commenter, however, would require modification of the Commission's rules on entrepreneur eligibility and are therefore outside the scope of this proceeding to establish procedures for conducting Auction 78. Moreover, the arguments put forth by the commenter resemble those considered and rejected by the Commission in 2004 prior to Auction 58. Absent further Commission action, the C block eligibility rules will continue to apply for Auction 78, as they did for licenses offered in Auction 71 last year. 14. Therefore, the entrepreneur eligibility requirements for the C block licenses in Auction 78 that are closed remain in effect. Consequently, the specific broadband PCS licenses to be offered in Auction 78 are described in Table 3 of the *Auction 78 Procedures Public Notice* . 15. Because of the history of licenses for broadband PCS spectrum, some licenses available in Auction 78 cover less bandwidth and fewer frequencies than noted in Table 3. In addition, in some cases, licenses are available for only part of a market. Attachments A and B of the *Auction 78 Procedures Public Notice* provide more details about the broadband PCS licenses that will be offered in Auction 78. C. Rules and Disclaimers i. Relevant Authority 16. Prospective applicants must familiarize themselves thoroughly with the Commission's general competitive bidding rules set forth in 47 CFR, part 1, Subpart Q including all amendments and clarifications; rules relating to the Advanced Wireless Services and emerging technologies contained in 47 CFR, parts 27 and 101; rules relating to broadband PCS, contained in 47 CFR, part 24; and rules relating to applications, environment, practice and procedure contained in 47 CFR, part 1. Prospective applicants must also be thoroughly familiar with the procedures, terms and conditions (collectively, terms) contained in the *Auction 78 Procedures Public Notice* and the Commission's decisions in proceedings regarding competitive bidding procedures, application requirements, and obligations of Commission licensees. 17. The terms contained in the Commission's rules, relevant orders, and public notices are not negotiable. The Commission may amend or supplement the information contained in its public notices at any time, and will issue public notices to convey any new or supplemental information to applicants. It is the responsibility of all applicants to remain current with all Commission rules and with all public notices pertaining to this auction. ii. Prohibition of Collusion; Compliance With Antitrust Laws 18. To ensure the competitiveness of the auction process, 47 CFR 1.2105(c) prohibits auction applicants for licenses in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications (FCC Form 175) as parties with whom they have entered into agreements pursuant to 47 CFR 1.2105(a)(2)(viii). a. Entities Subject to Anti-Collusion Rule 19. The anti-collusion rule will apply to any applicants that submit short-form applications seeking to participate in a Commission auction and select licenses in the same or overlapping markets (i.e., CMAs, EAs, REAGs or BTAs), regardless of the service. Therefore, in Auction 78, for example, the rule would prohibit an applicant bidding for an AWS-1 EA license and another applicant bidding for a PCS BTA license within that EA from communicating absent an agreement. 20. Under the terms of the rule, applicants that have applied for licenses covering the same or overlapping markets—unless they have identified each other on their short form applications as parties with whom they have entered into agreements under 47 CFR 1.2105(a)(2)(viii)—must affirmatively avoid all communications with or disclosures to each other that affect or have the potential to affect bids or bidding strategy, which may include communications regarding the post-auction market structure. This prohibition applies to all applicants regardless of whether such applicants become qualified bidders or actually bid. 21. For purposes of this prohibition, 47 CFR 1.2105(c)(7)(i) defines applicant as including all officers and directors of the entity submitting a short-form application to participate in the auction, all controlling interests of that entity, as well as all holders of partnership and other ownership interests and any stock interest amounting to 10 percent or more of the entity, or outstanding stock, or outstanding voting stock of the entity submitting a short-form application. 22. Information concerning applicants' license selections will not be available to the public. Therefore, the Commission will inform each applicant by letter of the identity of each of the other applicants that has applied for licenses covering any of the same or overlapping geographic areas as the licenses that it has selected in its short-form application. 23. Entities and parties subject to the anti-collusion rule should take special care in circumstances where their employees may receive information directly or indirectly from a competing applicant relating to any competing applicant's bids or bidding strategies. In situations where the anti-collusion rule views the same person as the applicant with respect to two different entities filing competing applications, under Bureau precedent the bids and bidding strategies of one applicant are necessarily conveyed to the other and, absent a disclosed bidding agreement, an apparent violation of the anti-collusion rule occurs. The Bureau has not addressed situations where employees who do not qualify as the applicant (e.g., are not officers or directors) receive information regarding a competing applicant's bids or bidding strategies and whether that information might be deemed to be necessarily conveyed to the applicant. The Bureau notes that the exception to the anti-collusion rule providing that non-controlling interest holders may have interests in more than one competing bidder without violating the anti-collusion rule, provided specified conditions are met (including a certification that no prohibited communications have occurred or will occur), does not extend to controlling interest holders. b. Prohibition Applies Until Down Payment Deadline 24. 47 CFR 1.2105(c)'s anti-collusion prohibition begins at the short-form application filing deadline and ends at the down payment deadline after the auction. 25. A commenter recommends modifying and/or clarifying the application of the anti-collusion rule and anonymous bidding procedures after the close of bidding. The commenter proposes that the anti-collusion rule be modified to remain in effect only until the Commission issues the public notice identifying the winning bidders and the high bid amounts. This request seeks amendment of 47 CFR 1.2105(c) and is therefore outside of the scope of this proceeding. The Commission has observed that prohibiting such communications between applicants during the proscribed auction period protects a valid governmental interest without infringing unduly on the First Amendment rights of auction participants. 26. The commenter also requests, in the alternative, that the Commission make clear that applicants can disclose bidding-related information that the Commission has already made public after the close of the auction but before the down-payment deadline. Information contained in a public notice announcing the winning bidders would be public upon release. It is difficult to envision a case in which communication of the bare facts contained in such public information by an applicant could result in violation of the anti-collusion rule. The Bureau notes, however, that it is the substance and timing of specific communications that are key in determining whether there has been a violation of 47 CFR 1.2105(c). In the absence of such factual context, and given the importance of the anti-collusion rules, the Bureau declines to make further clarification. 27. The Bureau continues to strongly caution applicants that the communication of information that has been made public by the Commission could violate the anti-collusion rule, even if its disclosure might not infringe its limited information procedures. Therefore, applicants should consider the potential consequences of any disclosures. In this regard, the Bureau notes that, upon the release of information after the close of an auction, the applicants in an auction conducted under anonymous bidding procedures are in the same position with regard to the application of the anti-collusion rule as the applicants in an auction conducted without such procedures. c. Prohibited Communications 28. Applicants for the upcoming Auction 78 and other parties that may be engaged in discussion with such applicants are cautioned of the need to comply with the Commission's anti-collusion rule, 47 CFR 1.2105(c). The anti-collusion rule prohibits not only a communication about an applicant's own bids or bidding strategy, but also a communication of another applicant's bids or bidding strategy. While the anti-collusion rule provisions do not prohibit business negotiations among auction applicants, applicants must remain vigilant so as not to communicate directly or indirectly information that affects, or could affect, bids or bidding strategy, or the negotiation of settlement agreements. 29. The Commission remains vigilant about prohibited communications taking place in other situations. For example, the Commission has warned that prohibited communications concerning bids and bidding strategies may include communications regarding capital calls or requests for additional funds in support of bids or bidding strategies to the extent such communications convey information concerning the bids and bidding strategies directly or indirectly. 30. Applicants are hereby placed on notice that public disclosure of information relating to bidder interests and bidder identities that is confidential at the time of disclosure may violate the anti-collusion rule. This is so even though similar types of information were revealed prior to and during other Commission auctions subject to different information procedures. Bidders should use caution in their dealings with other parties, such as members of the press, financial analysts, or others who might become a conduit for the communication of prohibited bidding information. For example, where limited information disclosure procedures are in place, as for Auction 78, a qualified bidder's statement to the press that it has lost bidding eligibility and stopped bidding in the auction could give rise to a finding of an anti-collusion rule violation. Similarly, an applicant's public statement of intent not to participate in Auction 78 bidding could also violate the rule. 31. Applicants for licenses for any of the same or overlapping geographic license areas must not communicate directly or indirectly about bids or bidding strategy. Accordingly, such applicants are encouraged not to use the same individual as an authorized bidder. A violation of the anti-collusion rule could occur if an individual acts as the authorized bidder for two or more competing applicants, and conveys information concerning the substance of bids or bidding strategies between such applicants. Also, if the authorized bidders are different individuals employed by the same organization (e.g., law firm or engineering firm or consulting firm), a violation similarly could occur. In such a case, at a minimum, applicants should certify on their applications that precautionary steps have been taken to prevent communication between authorized bidders and that applicants and their bidding agents will comply with the anti-collusion rule. 32. A violation of the anti-collusion rule could occur in other contexts, such as an individual serving as an officer for two or more applicants. Moreover, the Commission has found a violation of the anti-collusion rule where a bidder used the Commission's bidding system to disclose its bidding strategy in a manner that explicitly invited other auction participants to cooperate and collaborate in specific markets, and has placed auction participants on notice that the use of its bidding system to disclose market information to competitors will not be tolerated and will subject bidders to sanctions. 33. In addition, when completing short-form applications, applicants should avoid any statements or disclosures that may violate the Commission's anti-collusion rule, particularly in light of the limited information procedures in effect for Auction 78. Specifically, applicants should avoid including any information in their short-form applications that might convey information regarding their license selection, such as using applicant names that refer to licenses being offered, referring to certain licenses or markets in describing bidding agreements, or including any information in attachments that may otherwise disclose applicants' license selections. d. Disclosure of Bidding Agreements and Arrangements 34. The Commission's rules do not prohibit applicants from entering into otherwise lawful bidding agreements before filing their short-form applications, as long as they disclose the existence of the agreement(s) in their short-form applications. If parties agree in principle on all material terms prior to the short-form filing deadline, each party to the agreement must identify the other party or parties to the agreement on its short-form application under 47 CFR 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the short-form filing deadline, they should not include the names of parties to discussions on their applications, and they may not continue negotiations, discussions or communications with any other applicants for licenses covering any of the same or overlapping geographic areas after the short-form filing deadline. e. Anti-Collusion Certification 35. By electronically submitting a short-form application following the electronic filing procedures set forth in Attachment C of the *Auction 78 Procedures Public Notice* , each applicant certifies its compliance with 47 CFR 1.2105(c). However, the Bureau cautions that merely filing a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. The Commission has stated that it intends to scrutinize carefully any instances in which bidding patterns suggest that collusion may be occurring. Any applicant found to have violated the anti-collusion rule may be subject to sanctions. f. Antitrust Laws 36. Applicants are also reminded that, regardless of compliance with the Commission's rules, they remain subject to the antitrust laws, which are designed to prevent anticompetitive behavior in the marketplace. Compliance with the disclosure requirements of the Commission's anti-collusion rule will not insulate a party from enforcement of the antitrust laws. For instance, a violation of the antitrust laws could arise out of actions taking place well before any party submits a short-form application. The Commission has cited a number of examples of potentially anticompetitive actions that would be prohibited under antitrust laws: for example, actual or potential competitors may not agree to divide territories horizontally in order to minimize competition, regardless of whether they split a market in which they both do business, or whether they merely reserve one market for one and another for the other. Similarly, the Bureau has long reminded potential applicants and others that even where the applicant discloses parties with whom it has reached an agreement on the short-form application, thereby permitting discussions with those parties, the applicant is nevertheless subject to existing antitrust laws. To the extent the Commission becomes aware of specific allegations that suggest that violations of the federal antitrust laws may have occurred, the Commission may refer such allegations to the United States Department of Justice for investigation. If an applicant is found to have violated the antitrust laws or the Commission's rules in connection with its participation in the competitive bidding process, it may be subject to forfeiture of its upfront payment, down payment, or full bid amount and may be prohibited from participating in future auctions, among other sanctions. g. Duty To Report Prohibited Communications; Reporting Procedure 37. If an applicant makes or receives a communication that appears to violate the anti-collusion rule, it must report such communication in writing to the Commission immediately and in no case later than five business days after the communication occurs. The Commission recently clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five-day period. 38. 47 CFR 1.65 requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, 47 CFR 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in its pending short-form application. Applicants are therefore required by 47 CFR 1.65 to report to the Commission any communications they have made to or received from another applicant after the short-form filing deadline that affect or have the potential to affect bids or bidding strategy unless such communications are made to or received from parties to agreements identified under 47 CFR 1.2105(a)(2)(viii). 39. Parties reporting communications pursuant to 47 CFR 1.2105(a)(2) must take care to ensure that any such reports of prohibited communications do not themselves give rise to a violation of the anti-collusion rule. For example, a party's report of a prohibited communication could violate the rule by communicating prohibited information to other applicants through the use of Commission filing procedures that would allow such materials to be made available for public inspection. A party seeking to report such prohibited communications should consider submitting its report with a request that the report or portions of the submission be withheld from public inspection. Such parties are also encouraged to consult with the Auctions and Spectrum Access Division staff if they have any questions about the procedures for submitting such reports. The *Auction 78 Procedures Public Notice* provides additional guidance on procedures for submitting application-related information. 40. Applicants must be aware that failure to comply with the Commission's rules can result in enforcement action. h. Winning Bidders Must Disclose Terms of Agreements 41. Applicants that are winning bidders will be required to disclose in their long-form applications the specific terms, conditions, and parties involved in any bidding consortia, joint ventures, partnerships, and other arrangements entered into relating to the competitive bidding process. i. Additional Information Concerning Anti-Collusion Rule 42. A summary listing of documents issued by the Commission and the Bureau addressing the application of the anti-collusion rule may be found in Attachment F of the *Auction 78 Procedures Public Notice.* iii. Incumbency Issues a. AWS-1 43. The AWS-1 bands are now being used for a variety of government and non-government services. The 1710-1755 MHz band is currently a government band, which is in the process of transitioning to a commercial band. The incumbents in the 2110-2150 MHz band are private services (including state and local governmental public safety services) and common carrier fixed microwave services. The 2150-2155 MHz band contains incumbents in the Broadband Radio Service (BRS). The Commission previously provided information on incumbency issues for the AWS-1 bands in the *Auction 66 Procedures Public Notice,* 71 FR 20672, April 21, 2006. 44. *Spectrum Relocation Fund.* The Commission established a reserve amount in Auction 66 in order to comply with a statutory requirement aimed at funding the relocation of federal government entities that currently operate in the 1710-1755 MHz band. In order for Auction 66 to close in compliance with the statute, the total winning bids in that auction, net of bidding credits applicable at the close of bidding, were required to equal or exceed a reserve amount of approximately $2.059 billion. At the close of Auction 66, the net total winning bids far exceeded the reserve amount. The Bureau proposes to not establish reserve prices for the 35 AWS-1 licenses being offered in Auction 78. 45. *Relocation of Government Incumbents.* The Commission also issued guidance, along with the National Telecommunications and Information Administration, to assist AWS-1 licensees to begin implementing service during the transition of federal operations from the band while providing interference protection to incumbent federal government operations until they have been relocated to other frequency bands or technologies. 46. *Relocation of Non-Government Incumbents.* On the same day it released the *Auction 66 Procedures Public Notice,* the Commission, among other things, adopted relocation procedures that AWS-1 licensees will follow when relocating incumbent BRS licensees from the 2150-2160/62 MHz portion of the band. b. Broadband PCS 47. While most of the private and common carrier fixed microwave services
(FMS)formerly operating in the 1850-1990 MHz band (and other bands) have been relocated to available frequencies in higher bands or to other media, some FMS licensees may still be operating in the band. Any remaining FMS entities operating in the 1850-1990 MHz band, however, are secondary to PCS operations. FMS licensees, absent an agreement with the applicable PCS entities or an extension pursuant to 47 CFR 101.79(b) of the Commission's rules, must turn in their authorizations six months following written notice from a PCS entity that such entity intends to turn on a system within the interference range of the incumbent FMS licensee. Further, broadband PCS licensees are no longer responsible for costs associated with relocating an incumbent FMS operation. c. International Coordination 48. AWS-1 and broadband PCS licensees must not cause harmful interference across the borders with Mexico and Canada. Potential bidders seeking licenses in Auction 78 for geographic areas that are near the Canadian or Mexican borders are encouraged to consult all international agreements with Canada and Mexico. If agreements between the United States, Mexico and Canada have not yet become effective, the same technical restrictions at the border that are adopted for operation between geographic service areas will apply, to the extent they are not in violation of current bilateral agreements and arrangements. When interim arrangements or agreements between the United States, Mexico and Canada are final and become effective, licensees must comply with these agreements. If these agreements are modified in the future, licensees must likewise comply with these modifications. d. Quiet Zones 49. All licensees must protect the radio quiet zones set forth in the Commission's rules. Licensees are cautioned that they must receive the appropriate approvals directly from the relevant quiet zone entity prior to operating within the areas described in the Commission's rules. iv. Due Diligence 50. The Bureau cautions potential applicants formulating their bidding strategies to investigate and consider the extent to which these frequencies are occupied. Potential bidders are reminded that they are solely responsible for investigating and evaluating all technical and marketplace factors that may have a bearing on the value of the licenses being offered in Auction 78. Applicants should perform their individual due diligence before proceeding as they would with any new business venture. 51. Potential bidders are strongly encouraged to conduct their own research prior to the beginning of bidding in Auction 78 in order to determine the existence of any pending legislative, administrative or judicial proceedings that might affect their decision regarding participation in the auction. 52. Applicants should also be aware that certain pending and future proceedings, including rulemaking proceedings or petitions for rulemaking, applications (including those for modification), requests for special temporary authority, waiver requests, petitions to deny, petitions for reconsideration, informal oppositions, and applications for review, before the Commission may relate to particular applicants or incumbent licensees or the licenses available in Auction 78. Pending and future judicial proceedings may also relate to particular applicants or incumbent licensees, or the licenses available in Auction 78. Prospective bidders are responsible for assessing the likelihood of the various possible outcomes, and considering their potential impact on spectrum licenses available in this auction. 53. Applicants should perform due diligence to identify and consider all proceedings that may affect the spectrum licenses being auctioned and that could have an impact on the availability of spectrum for Auction 78. In addition, although the Commission may continue to act on various pending applications, informal objections, petitions, and other requests for Commission relief, some of these matters may not be resolved by the beginning of bidding in the auction. 54. Applicants are solely responsible for identifying associated risks and for investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of licenses being offered. 55. Applicants may obtain information about licenses available in Auction 78, including non-Federal Government incumbent licenses that may have an effect on availability of the AWS-1 licenses, through the Bureau's online licensing databases at *http://wireless.fcc.gov/uls.* Applicants should direct questions regarding the ULS search capabilities to the FCC ULS Technical Support hotline at
(877)480-3201, option two. The hotline is available to assist with questions Monday through Friday, from 8:00 a.m. to 6:00 p.m. ET. In order to provide better service to the public, all calls to the hotline are recorded. 56. In addition, to further assist potential bidders in determining the scope of the new AWS entrants' relocation obligations in the 2150-2155 MHz band, the Commission ordered BRS licensees in the 2150-2160/62 MHz band to submit information on the locations and operating characteristics of BRS systems in that band. That information may also be found on ULS at *http://wireless.fcc.gov/uls.* 57. The Commission makes no representations or guarantees regarding the accuracy or completeness of information in its databases or any third party databases, including, for example, court docketing systems. To the extent the Commission's databases may not include all information deemed necessary or desirable by an applicant, applicants may obtain or verify such information from independent sources or assume the risk of any incompleteness or inaccuracy in said databases. Furthermore, the Commission makes no representations or guarantees regarding the accuracy or completeness of information that has been provided by incumbent licensees and incorporated into its databases. 58. Potential applicants are strongly encouraged to physically inspect any prospective sites located in, or near, the geographic area for which they plan to bid, and also to familiarize themselves with the environmental review obligations. v. Use of Integrated Spectrum Auction System 59. The Commission will make available a browser-based bidding system to allow bidders to participate in Auction 78 over the Internet using the Commission's Integrated Spectrum Auction System (ISAS or FCC Auction System). The Commission makes no warranty whatsoever with respect to the FCC Auction System. In no event shall the Commission, or any of its officers, employees or agents, be liable for any damages whatsoever (including, but not limited to, loss of business profits, business interruption, loss of business information, or any other loss) arising out of or relating to the existence, furnishing, functioning or use of the FCC Auction System that is accessible to qualified bidders in connection with this auction. Moreover, no obligation or liability will arise out of the Commission's technical, programming or other advice or service provided in connection with the FCC Auction System. vi. Fraud Alert 60. As is the case with many business investment opportunities, some unscrupulous entrepreneurs may attempt to use Auction 78 to deceive and defraud unsuspecting investors. Information about deceptive telemarketing investment schemes is available from the Commission as well as the FTC and SEC. Additional sources of information for potential bidders and investors may be obtained from:
(1)the FCC by going to *http://wireless.fcc.gov/csinfo/#fraud* or by telephone at
(888)225-5322 (FCC's Consumer Call Center);
(2)the FTC by telephone at
(877)FTC-HELP ((877) 382-4357); and
(3)the SEC by telephone at
(202)942-7040. Complaints about specific deceptive telemarketing investment schemes should be directed to the FTC, the SEC, or the National Fraud Information Center at
(800)876-7060. vii. Environmental Review Requirements 61. Licensees must comply with the Commission's rules regarding implementation of the National Environmental Policy Act and other federal environmental statutes. The construction of a wireless antenna facility is a federal action and the licensee must comply with the Commission's environmental rules for each such facility. The Commission's environmental rules require, among other things, that the licensee consult with expert agencies having environmental responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corps of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). In assessing the effect of facilities construction on historic properties, the licensee must follow the provisions of the Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process. The licensee must prepare environmental assessments for facilities that may have a significant impact in or on wilderness areas, wildlife preserves, threatened or endangered species or designated critical habitats, historical or archaeological sites, Indian religious sites, floodplains, and surface features. The licensee also must prepare environmental assessments for facilities that include high intensity white lights in residential neighborhoods or excessive radio frequency emission. D. Auction Specifics i. Auction Start Date 62. Bidding in Auction 78 will begin on Wednesday, August 13, 2008. 63. Commenters request that the Bureau postpone the start of bidding in Auction 78. A commenter suggests delaying the start of Auction 78 by four or five weeks, i.e., until September 2008. A commenter contends that participation in an FCC auction presents resource challenges for small and medium-sized companies and notes that conducting bidding during August is difficult when businesses are thinly staffed due to employee vacation schedules. The commenter also asserts that potential bidders need more time to finance licenses won in the recently-concluded 700 MHz auction (Auction 73) and resume business. A commenter supports postponing the auction, noting that a brief delay will afford potential bidders, including small and mid-sized bidders, more time to prepare. 64. The Bureau is not persuaded by the commenters' arguments that a four-or five-week postponement is warranted. Interested parties were able to begin preparations for this auction when the auction was first announced on April 4, 2008, with the release of the *Auction 78 Comment Public Notice.* Nevertheless, the Bureau finds that providing an additional two weeks prior to the start of Auction 78 will promote efficient administration of the auction and provide prospective applicants with additional time for planning and preparation. 65. The initial schedule for bidding will be announced by public notice at least one week before the start of the auction. Moreover, unless otherwise announced, bidding on all licenses will be conducted on each business day until bidding has stopped on all licenses. ii. Bidding Methodology 66. The bidding methodology for Auction 78 will be simultaneous multiple round
(SMR)bidding. The Commission will conduct this auction over the Internet using the FCC Auction System, and telephonic bidding will be available as well. Qualified bidders are permitted to bid electronically via the Internet or by telephone. iii. Pre-Auction Dates and Deadlines 67. The following dates and deadlines apply: Auction Seminar—June 10, 2008 Short-Form Application (FCC Form 175) Filing Window Opens—June 10, 2008; 12:00 noon ET Short-Form Application (FCC Form 175) Filing Window Deadline—June 19, 2008; prior to 6:00 p.m. ET Upfront Payments (via wire transfer)—July 17, 2008; 6:00 p.m. ET Mock Auction—August 11, 2008 Auction Begins—August 13, 2008 iv. Requirements for Participation 68. Those wishing to participate in this auction must:
(1)Submit a short-form application (FCC Form 175) electronically prior to 6:00 p.m. ET, June 19, 2008, following the electronic filing procedures set forth in Attachment C of the *Auction 78 Procedures Public Notice;*
(2)submit a sufficient upfront payment and an FCC Remittance Advice Form (FCC Form 159) by 6:00 p.m. ET, July 17, 2008, following the procedures and instructions set forth in Attachment D of the *Auction 78 Procedures Public Notice;*
(3)comply with all provisions outlined in the Public Notice and applicable Commission rules. II. Short-Form Application (FCC Form 175) Requirements A. General Information Regarding Short-Form Applications 69. An application to participate in an FCC auction, referred to as a short-form application or FCC Form 175, provides information used in determining whether the applicant is legally, technically, and financially qualified to participate in Commission auctions for licenses or permits. The short-form application is the first part of the Commission's two-phased auction application process. In the first phase of this process, parties desiring to participate in the auction must file streamlined, short-form applications in which they certify under penalty of perjury as to their qualifications. Eligibility to participate in bidding is based on the applicants' short-form applications and certifications as well as their upfront payments. In the second phase of the process, winning bidders must file a more comprehensive long-form application (FCC Form 601) and have a complete and accurate ownership disclosure information report (FCC Form 602) on file with the Commission. 70. Entities seeking licenses available in Auction 78 must file a short-form application electronically via the FCC Auction System prior to 6:00 p.m. ET on June 19, 2008, following the procedures prescribed in Attachment C of the *Auction 78 Procedures Public Notice.* Applicants filing a short-form application are subject to the Commission's anti-collusion rules beginning on the deadline for filing. The information provided in its short-form application will be used in determining, among other things, if the applicant is eligible for entrepreneur status and/or for a bidding credit. 71. Applicants bear full responsibility for submitting accurate, complete and timely short-form applications. All applicants must certify on their short-form applications under penalty of perjury that they are legally, technically, financially and otherwise qualified to hold a license. Applicants should read the instructions set forth in Attachment C of the *Auction 78 Procedures Public Notice* carefully and should consult the Commission's rules to ensure that, in addition to the materials described herein, all the information that is required under the Commission's rules is included with their short-form applications. 72. An entity may not submit more than one short-form application for a single auction. If a party submits multiple short-form applications, only one application may become qualified to bid. 73. Applicants also should note that submission of a short-form application (and any amendments thereto) constitutes a representation by the certifying official that he or she is an authorized representative of the applicant, that he or she has read the form's instructions and certifications, and that the contents of the application, its certifications, and any attachments are true and correct. An applicant cannot change the certifying official to its application. Submission of a false certification to the Commission may result in penalties, including monetary forfeitures, license forfeitures, ineligibility to participate in future auctions, and/or criminal prosecution. B. License Selection 74. An applicant must select the licenses on which it wants to bid from the Eligible Licenses list on its short-form application. To assist applicants in identifying licenses of interest that will be available in Auction 78, the FCC Auction System includes a filtering mechanism that allows an applicant to filter the Eligible Licenses list. The applicant will make selections for one or more of the filter criteria and the system will produce a list of licenses satisfying the specified criteria. The applicant may select all the licenses in the customized list or select individual licenses from the list. Applicants also will be able to select licenses from one customized list and then create additional customized lists to select additional licenses. 75. Applicants will not be able to change their license selections after the short-form application filing deadline. Applicants interested in participating in Auction 78 must have selected license(s) available in the respective auction by the short-form application deadline. Applicants must confirm their license selections before the deadline for submitting short-form applications. The FCC Auction System will not accept bids from an applicant on licenses that the applicant has not selected on its short-form application. C. Disclosure of Bidding Arrangements 76. Applicants will be required to identify in their short-form application all parties with whom they have entered into any agreements, arrangements, or understandings of any kind relating to the licenses being auctioned, including any agreements relating to post-auction market structure. 77. Applicants also will be required to certify under penalty of perjury in their short-form applications that they have not entered and will not enter into any explicit or implicit agreements, arrangements or understandings of any kind with any parties, other than those identified in the application, regarding the amount of their bids, bidding strategies, or the particular licenses on which they will or will not bid. If an applicant has had discussions, but has not reached an agreement by the short-form application filing deadline, it would not include the names of parties to the discussions on its application and may not continue such discussions with any applicants after the deadline. 78. After the filing of short-form applications, the Commission's rules do not prohibit a party holding a non-controlling, attributable interest in one applicant from acquiring an ownership interest in or entering into a joint bidding arrangement with other applicants, provided that:
(1)The attributable interest holder certifies that it has not and will not communicate with any party concerning the bids or bidding strategies of more than one of the applicants in which it holds an attributable interest, or with which it has entered into a joint bidding arrangement; and
(2)the arrangements do not result in a change in control of any of the applicants. While the anti-collusion rules do not prohibit non-auction-related business negotiations among auction applicants, applicants are reminded that certain discussions or exchanges could touch upon impermissible subject matters because they may convey pricing information and bidding strategies. Further compliance with the disclosure requirements of the Commission's anti-collusion rule will not insulate a party from enforcement of the antitrust laws. D. Ownership Disclosure Requirements 79. All applicants must comply with the uniform part 1 ownership disclosure standards and provide information required by 47 CFR 1.2105 and 1.2112. Specifically, in completing the short-form application, applicants will be required to fully disclose information on the real party or parties-in-interest and ownership structure of the applicant. The ownership disclosure standards for the short-form application are prescribed in 47 CFR 1.2105 and 1.2112. Each applicant is responsible for information submitted in its short-form application being complete and accurate. 80. An applicant's most current ownership information on file with the Commission, if in an electronic format compatible with the short-form application (FCC Form 175) (such as information submitted with an ownership disclosure information report (FCC Form 602) or in a short-form application (FCC Form 175) filed for a previous auction using ISAS) will automatically be entered into the applicant's short-form application. An applicant is responsible for ensuring that the information submitted in its short-form application for Auction 78 is complete and accurate. Accordingly, applicants should carefully review any information automatically entered to confirm that it is complete and accurate as of the Auction 78 deadline for filing the short-form application. If any information that was entered automatically needs to be changed, applicants must do so directly in the short-form application. E. Designated Entity Provisions 81. Eligible applicants in Auction 78 may claim designated entity status, as an entrepreneur eligible to bid on closed C block broadband licenses and/or as a small or very small business eligible for bidding credits. Applicants should review carefully the Commission's recent decisions regarding the designated entity provisions. i. Entrepreneur Eligibility for Closed Bidding 82. Nine broadband PCS C block licenses available in Auction 78 (i.e., certain C1, C3, and C4 block licenses) are restricted to entities that qualify as entrepreneurs. a. Entrepreneur Eligibility Criteria 83. In determining if an entity qualifies as an entrepreneur, the Commission considers both the total assets and gross revenues of the applicant, its affiliates, its controlling interests, the affiliates of its controlling interests, and the entities with which it has an attributable material relationship. Specifically, as of the short-form application filing deadline, the applicant and its attributable interests must have combined total assets of less than $500 million and must have had combined gross revenues of less than $125 million in each of the last two years. b. Asset and Revenue Disclosure on Short-Form Application 84. An entity applying to bid on closed licenses must disclose on its short-form application the total assets and gross revenues for the preceding two years for each of the following:
(1)The applicant;
(2)its affiliates;
(3)its controlling interests;
(4)the affiliates of its controlling interests; and
(5)the entities with which it has an attributable material relationship. Certification that the gross revenues for each of the preceding two years or the total assets do not exceed the applicable limit is not sufficient. 85. Applicants for closed bidding in Auction 78 should not include existing broadband PCS C and F block licenses in their calculations of total assets; all other Commission licenses, however, must be included in such calculations. Additionally, if an applicant is applying as a consortium of small businesses or very small businesses, this information must be provided for each consortium member. ii. Bidding Credits for Small and Very Small Businesses 86. A bidding credit represents the amount by which a bidder's winning bid will be discounted. For Auction 78, bidding credits will be available to small businesses and very small businesses, and consortia thereof, for all 35 AWS-1 licenses and six broadband PCS licenses—the three C block licenses available in open bidding and the three F block licenses. a. Bidding Credit Eligibility Criteria 87. The level of bidding credit is determined as follows:
(1)A bidder with attributed average annual gross revenues that exceed $15 million and do not exceed $40 million for the preceding three years (small business) will receive a 15 percent discount on its winning bid; and
(2)a bidder with attributed average annual gross revenues that do not exceed $15 million for the preceding three years (very small business) will receive a 25 percent discount on its winning bid. 88. Bidding credits are not cumulative; a qualifying applicant receives either the 15 percent or 25 percent bidding credit on its winning bid, but not both. 89. Bidding credits for applicants that qualify as small or very small businesses will be available for those C block licenses that are available in open bidding and for all F block licenses. Bidding credits are not available for C block licenses subject to closed bidding or for broadband PCS licenses in the D or E blocks. b. Revenue Disclosure on Short-Form Application 90. An entity applying as a small or very small business must provide gross revenues for the preceding three years for each of the following:
(1)The applicant;
(2)its affiliates;
(3)its controlling interests;
(4)the affiliates of its controlling interests; and
(5)the entities with which it has an attributable material relationship. Certification that the average annual gross revenues of such entities and individuals for the preceding three years do not exceed the applicable limit is not sufficient. Additionally, if an applicant is applying as a consortium of small businesses or very small businesses, this information must be provided for each consortium member. iii. Attributable Interests a. Controlling Interests 91. Controlling interests of an applicant include individuals and entities with either *de facto* or *de jure* control of the applicant. Typically, ownership of greater than 50 percent of an entity's voting stock evidences *de jure* control. *De facto* control is determined on a case-by-case basis. The following are some common indicia of de facto control:
(1)The entity constitutes or appoints more than 50 percent of the board of directors or management committee;
(2)the entity has authority to appoint, promote, demote, and fire senior executives that control the day-to-day activities of the licensee; and
(3)the entity plays an integral role in management decisions. 92. Applicants should refer to 47 CFR 1.2110(c)(2) of the Commission's rules and Attachment C of the *Auction 78 Procedures Public Notice* to understand how certain interests are calculated in determining control. For example, pursuant to 47 CFR 1.2110(c)(2)(ii)(F), officers and directors of an applicant are considered to have controlling interest in the applicant. b. Affiliates 93. Affiliates of an applicant or controlling interest include an individual or entity that:
(1)directly or indirectly controls or has the power to control the applicant;
(2)is directly or indirectly controlled by the applicant;
(3)is directly or indirectly controlled by a third party that also controls or has the power to control the applicant; or
(4)has an identity of interest with the applicant. The Commission's definition of an affiliate of the applicant encompasses both controlling interests of the applicant and affiliates of controlling interests of the applicant. For more information regarding affiliates, applicants should refer to 47 CFR 1.2110(c)(5) and Attachment C of the *Auction 78 Procedures Public Notice.* c. Material Relationships 94. The Commission requires the consideration of certain leasing and resale (including wholesale) relationships—referred to as material relationships—in determining designated entity eligibility, i.e., for bidding credits and entrepreneur status. Material relationships fall into two categories: impermissible and attributable. 95. An applicant or licensee has an impermissible material relationship when it has agreements with one or more other entities for the lease or resale (including under a wholesale agreement) of, on a cumulative basis, more than 50 percent of the spectrum capacity of any of its licenses. If an applicant or a licensee has an impermissible material relationship, it is, as a result,
(1)ineligible for the award of designated entity benefits, and
(2)subject to unjust enrichment on a license-by-license basis. 96. An applicant or licensee has an attributable material relationship when it has one or more agreements with any individual entity for the lease or resale (including under a wholesale agreement) of, on a cumulative basis, more than 25 percent of the spectrum capacity of any individual license held by the applicant or licensee. The attributable material relationship will cause the gross revenues and, if applicable, total assets of that entity and its attributable interest holders to be attributed to the applicant or licensee for the purposes of determining the applicant's or licensee's
(1)eligibility for designated entity benefits and
(2)liability for unjust enrichment on a license-by-license basis. 97. The Commission grandfathered material relationships in existence before the release of the *Designated Entity Second Report and Order* , 71 FR 26245, May 5, 2006, meaning that those preexisting relationships alone would not cause the Commission to examine a designated entity's ongoing eligibility for benefits or its liability for unjust enrichment. The Commission did not, however, grandfather preexisting material relationships for determinations of an applicant's or licensee's designated entity eligibility for future auctions or in the context of future assignments, transfers of control, spectrum leases, or other reportable eligibility events. Rather, the occurrence of any of those eligibility events after the release date of the Designated *Entity Second Report and Order* triggers a reexamination of the applicant's or licensee's designated entity eligibility, taking into account all existing material relationships, including those previously grandfathered. d. Gross Revenue Exceptions 98. In recent years the Commission has also made other modifications to its rules governing the attribution of gross revenues for purposes of determining designated entity eligibility. For example, the Commission has clarified that, in calculating an applicant's gross revenues under the controlling interest standard, it will not attribute the personal net worth, including personal income, of its officers and directors to the applicant. 99. The Commission has also exempted, from attribution to the applicant, the gross revenues of the affiliates of a rural telephone cooperative's officers and directors if certain conditions specified in 47 CFR 1.2110(b)(3)(iii) of the Commission's rules are met. An applicant claiming this exemption must provide in an attachment an affirmative statement that the applicant, affiliate and/or controlling interest is an eligible rural telephone cooperative within the meaning of 47 CFR 1.2110(b)(3)(iii) and supply any additional information as may be required to demonstrate eligibility for the exemption from the attribution rule. Applicants seeking to claim this exemption must meet all of the conditions. Additional guidance on claiming this exemption may be found in Attachment C of the *Auction 78 Procedures Public Notice.* e. Bidding Consortia 100. A consortium of small businesses, very small businesses, or entrepreneurs is a conglomerate organization composed of two or more entities, each of which individually satisfies the definition of a small business, very small business, or entrepreneur. Thus, each member of a consortium of small businesses, very small businesses, or entrepreneurs that applies to participate in Auction 78 must individually meet the criteria for small businesses, very small businesses, or entrepreneurs. Each consortium member must disclose its gross revenues along with those of its affiliates, its controlling interests, the affiliates of its controlling interests, and any entities having an attributable material relationship with the member. Although the gross revenues of the consortium members will not be aggregated for purposes of determining the consortium's eligibility as a small business or very small business, this information must be provided to ensure that each individual consortium member qualifies for any bidding credit awarded to the consortium. F. Tribal Lands Bidding Credit 101. To encourage the growth of wireless services in federally recognized tribal lands, the Commission has implemented a tribal lands bidding credit. Applicants do not provide information regarding tribal lands bidding credits on their short-form applications. Instead, winning bidders may apply for the tribal lands bidding credit after the auction when they file their more detailed, long-form applications. G. Provisions Regarding Former and Current Defaulters 102. Current defaulters are not eligible to participate in Auction 78, but former defaulters can participate so long as they are otherwise qualified and make upfront payments that are fifty percent more than the normal upfront payment amounts. An applicant is considered a current defaulter when it, its affiliates, its controlling interests, or the affiliates of its controlling interests, are in default on any payment for any Commission licenses (including down payments) or are delinquent on any non-tax debt owed to any Federal agency as of the filing deadline for short-form applications. An applicant is considered a former defaulter when it, its affiliates, its controlling interests, or the affiliates of its controlling interests, have defaulted on any Commission licenses or been delinquent on any non-tax debt owed to any Federal agency, but have since remedied all such defaults and cured all of the outstanding non-tax delinquencies. 103. On the short-form application, an applicant must certify under penalty of perjury that it, its affiliates, its controlling interests, and the affiliates of its controlling interests, as defined by 47 CFR 1.2110 of the Commission's rules, are not in default on any payment for Commission licenses (including down payments) and that they are not delinquent on any non-tax debt owed to any Federal agency. Each applicant must also state under penalty of perjury whether or not it, its affiliates, its controlling interests, and the affiliates of its controlling interests, have ever been in default on any Commission licenses or have ever been delinquent on any non-tax debt owed to any Federal agency. Prospective applicants are reminded that submission of a false certification to the Commission is a serious matter that may result in severe penalties, including monetary forfeitures, license revocations, exclusion from participation in future auctions, and/or criminal prosecution. These statements and certifications are prerequisites to submitting an application to participate in an FCC auction. 104. Applicants are encouraged to review the Bureau's previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of 47 CFR 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of 47 CFR 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. Parties are also encouraged to coordinate with the Commission's Office of Managing Director or the Bureau's Auctions and Spectrum Access Division staff if they have any questions about default and delinquency disclosure requirements. 105. The Commission considers outstanding debts owed to the United States Government, in any amount, to be a serious matter. The Commission adopted rules, including a provision referred to as the red light rule, that implement the Commission's obligations under the Debt Collection Improvement Act of 1996, which governs the collection of claims owed to the United States. Under the red light rule, the Commission will not process applications and other requests for benefits filed by parties that have outstanding debts owed to the Commission. In the same rulemaking order, the Commission explicitly declared, however, that the Commission's competitive bidding rules are not affected by the red light rule. As a consequence, the Commission's adoption of the red light rule does not alter the applicability of any of the Commission's competitive bidding rules, including the provisions and certifications of 47 CFR 1.2105 and 1.2106, with regard to current and former defaults or delinquencies. 106. Applicants are reminded, however, that the Commission's Red Light Display System, which provides information regarding debts owed to the Commission, may not be determinative of an auction applicant's ability to comply with the default and delinquency disclosure requirements of 47 CFR 1.2105. Thus, while the red light rule ultimately may prevent the processing of long-form applications by auction winners, an auction applicant's red light status is not necessarily determinative of its eligibility to participate in an auction or of its upfront payment obligation. H. Optional Applicant Status Identification 107. Applicants owned by members of minority groups and/or women, as defined in 47 CFR 1.2110(c)(3), and rural telephone companies, as defined in 1.2110(c)(4), may identify themselves in filling out their short-form applications regarding this status. This applicant status information is collected for statistical purposes only and assists the Commission in monitoring the participation of designated entities in its auctions. I. Minor Modifications to Short-Form Applications 108. Applicants are not permitted to make major modifications to their short-form applications (e.g., change their license selections, change control of the applicant, change the certifying official, or change their size to claim eligibility for a higher bidding credit) after the short-form application deadline. Thus, any change in control of an applicant, resulting from a merger for example, will be considered a major modification to the applicant's short-form application, which will consequently be dismissed. 109. Applicants are, however, permitted to make only minor changes to their short-form applications after the filing deadline. Permissible minor changes include, for example, deletion and addition of authorized bidders (to a maximum of three) and revision of addresses and telephone numbers of the applicants and their contact persons. 110. If an applicant wishes to make permissible minor changes to its short-form application, such changes should be made electronically to its short-form application using the FCC Auction System whenever possible. 111. An applicant cannot update its short-form application using the FCC Auction System outside of the initial and resubmission filing windows. In that case, the applicant must submit a letter briefly summarizing the changes and subsequently update its short-form applications in ISAS as soon as possible. Moreover, after the filing window has closed, ISAS will not permit applicants to make certain changes, such as legal classification and bidding credit. 112. Any letter describing changes to an applicant's short-form application should be submitted by e-mail to the following address: *auction78@fcc.gov.* 113. Applicants must not submit application-specific material through the Commission's Electronic Comment Filing System (ECFS). Parties submitting information related to their applications should use caution to ensure that information contained in their submissions does not contain confidential information or communicate information that would violate the Commission's anti-collusion rule or limited information procedures adopted for Auction 78. A party seeking to submit information that might reflect non-public information, such as an applicant's license selections, upfront payment amount or bidding eligibility, should consider submitting any such information along with a request that the filing or portions of the filing be withheld from public inspection until the end of the anti-collusion period. J. Maintaining Current Information in Short-Form Applications 114. 47 CFR 1.65 requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Changes that cause a loss of or reduction in eligibility for a bidding credit must be reported immediately. If an amendment reporting substantial changes is a major amendment, as defined by 47 CFR 1.2105, the major amendment will not be accepted and may result in the dismissal of the short-form application. 115. After the short-form filing deadline, applicants may make only minor changes to their short-form applications. In addition, applicants must submit a letter, briefly summarizing the changes, by e-mail at the following address: *auction78@fcc.gov.* The e-mail summarizing the changes must include a subject or caption referring to Auction 78 and the name of the applicant. III. Pre-Auction Procedures A. Auction Seminar—June 10, 2008 116. On Tuesday, June 10, 2008, the Commission will conduct a seminar for parties interested in participating in Auction 78 at FCC headquarters, located at 445 12th Street, SW., Washington, DC. The seminar will also provide an opportunity for prospective bidders to ask questions of FCC staff concerning the auction, auction procedures, filing requirements, and other matters related to this auction. To register, please provide the information listed on Attachment G of the *Auction 78 Procedures Public Notice* by fax, e-mail or telephone to the FCC by Friday, June 6, 2008. B. Short-Form Applications—Due Prior to 6:00 p.m. ET on June 19, 2008 117. In order to be eligible to bid in this auction, applicants must first follow the procedures set forth in Attachment C of the *Auction 78 Procedures Public Notice* to submit a short-form application (FCC Form 175) electronically via the FCC Auction System. This application must be received at the Commission prior to 6:00 p.m. ET on June 19, 2008. Late applications will not be accepted. There is no application fee required when filing a FCC Form 175, but an applicant must submit an upfront payment to be eligible to bid. 118. Applications may generally be filed at any time beginning at noon ET on June 10, 2008, until the filing window closes at 6:00 p.m. ET on June 19, 2008. Applicants are strongly encouraged to file early and are responsible for allowing adequate time for filing their applications. Applicants may update or amend their applications multiple times until the filing deadline on June 19, 2008. 119. An applicant must always click on the SUBMIT button on the Certify & Submit screen to successfully submit its short-form application and any modifications, otherwise the application or changes to the application will not be reviewed. Additional information about accessing, completing, and viewing the FCC Form 175 is included in Attachment C of the *Auction 78 Procedures Public Notice.* FCC Auctions Technical Support is available at
(877)480-3201, option nine;
(202)414-1250; or
(202)414-1255 (text telephone (TTY)). C. Application Processing and Minor Corrections 120. After the deadline for filing short-form applications, the Commission will process all timely submitted applications to determine which are complete, and subsequently will issue a public notice identifying:
(1)Those applications that are complete;
(2)those applications rejected; and
(3)those applications that are incomplete because of minor defects that may be corrected. The public notice will include the deadline for resubmitting corrected applications. 121. After the June 19, 2008, short-form filing deadline, applicants may make only minor corrections to their applications. Applicants will not be permitted to make major modifications to their applications (e.g., change their license selections, change control of the applicant, change certifying official, or change their size to claim eligibility for a higher bidding credit). 122. Applicants should be aware the Commission staff will communicate only with an applicant's contact person or certifying official, as designated on the applicant's short-form application, unless the applicant's certifying official or contact person notifies the Commission in writing that applicant's counsel or other representative is authorized to speak on its behalf. Authorizations may be submitted by e-mail at the following address: *auction78@fcc.gov.* D. Upfront Payments—Due July 17, 2008 123. In order to be eligible to bid in this auction, applicants must submit an upfront payment accompanied by an FCC Remittance Advice Form (FCC Form 159). After completing its short-form application, an applicant will have access to an electronic version of the FCC Form 159 that can be printed and sent by fax to Mellon Bank in Pittsburgh, PA. All upfront payments must be received in the proper account at Mellon Bank by 6 p.m. ET on July 17, 2008. i. Making Upfront Payments by Wire Transfer 124. Wire transfer payments must be received by 6:00 p.m. ET on July 17, 2008. No other payment method is acceptable. To avoid untimely payments, applicants should discuss arrangements (including bank closing schedules) with their banker several days before they plan to make the wire transfer, and allow sufficient time for the transfer to be initiated and completed before the deadline. 125. An applicant must fax a completed FCC Form 159 (Revised 7/05) to Mellon Bank at
(412)209-6045 at least one hour before placing the order for the wire transfer (but on the same business day). On the fax cover sheet, applicants should write Wire Transfer—Auction Payment for Auction 78. In order to meet the Commission's upfront payment deadline, an applicant's payment must be credited to the Commission's account before the deadline. The applicant is responsible for obtaining confirmation from its financial institution that Mellon Bank has timely received its upfront payment and deposited it in the proper account. 126. Please note that:
(1)All payments must be made in U.S. dollars;
(2)all payments must be made by wire transfer;
(3)upfront payments for Auction 78 go to a lockbox number different from the lockboxes used in previous FCC auctions, and different from the lockbox number to be used for post-auction payments; and
(4)failure to deliver the upfront payment as instructed by the July 17, 2008 deadline will result in dismissal of the application and disqualification from participation in the auction. ii. FCC Form 159 127. A completed FCC Remittance Advice Form (FCC Form 159, Revised 7/05) must be faxed to Mellon Bank to accompany each upfront payment. Proper completion of FCC Form 159 is critical to ensuring correct crediting of upfront payments. Detailed instructions for completion of FCC Form 159 are included in Attachment D of the *Auction 78 Procedures Public Notice.* An electronic pre-filled version of the FCC Form 159 is available after submitting the short-form application. Payors using the pre-filled FCC Form 159 are responsible for ensuring that all of the information on the form, including payment amounts, is accurate. The FCC Form 159 can be completed electronically, but must be filed with Mellon Bank by fax. iii. Upfront Payments and Bidding Eligibility 128. The Commission has delegated to the Bureau the authority and discretion to determine appropriate upfront payments for each auction. Upfront payments help deter frivolous or insincere bidding, and provide the Commission with a source of funds in the event that the bidder incurs liability during the auction. 129. Applicants that are former defaulters must pay upfront payments 50 percent greater than non-former defaulters. For purposes of this calculation, the applicant includes the applicant itself, its affiliates, its controlling interests, and affiliates of its controlling interests, as defined by 47 CFR 1.2110. 130. Applicants must make upfront payments sufficient to obtain bidding eligibility on the licenses on which they will bid. The Bureau proposed, in the *Auction 78 Comment Public Notice,* that the amount of the upfront payment would determine a bidder's initial bidding eligibility, the maximum number of bidding units on which a bidder may place bids. Under the Bureau's proposal, in order to bid on a particular license, a qualified bidder must have selected the license(s) on its short-form application and must have a current eligibility level that meets or exceeds the number of bidding units assigned to that license. At a minimum, therefore, an applicant's total upfront payment must be enough to establish eligibility to bid on at least one of the licenses selected on its short-form application, or else the applicant will not be eligible to participate in the auction. An applicant does not have to make an upfront payment to cover all licenses the applicant selected on its short-form application, but only enough to cover the maximum number of bidding units that are associated with licenses on which the bidder wishes to place bids and hold provisionally winning bids at any given time. 131. In the *Auction 78 Comment Public Notice,* the Bureau proposed to calculate upfront payments for Auction 78 on a license-by-license basis using the following formulas based on bandwidth and license area population, with a minimum of $500 per license. The Bureau also proposed to use upfront payment formulas similar to those used in the most recent auctions for AWS-1 licenses (Auction 66) and broadband PCS licenses (Auction 71). a. AWS-1 132. For AWS-1 licenses offered in Auction 78, the Bureau proposed upfront payments as follows:
(1)for licenses covering CMAs or EAs in the 50 states, upfront payment amounts will be calculated as $0.03 per MHz per population (MHz-pop);
(2)for the REAG that covers the Gulf of Mexico, the upfront payment amount will be $20,000; and
(3)for all remaining licenses, upfront payment amounts will be calculated as $0.01/MHz-pop. b. Broadband PCS 133. For broadband PCS licenses offered in Auction 78, the Bureau proposed upfront payments as follows:
(1)for licenses covering BTAs in the 50 states, upfront payment amounts will be calculated as $0.03/MHz-pop; and
(2)for all remaining licenses, upfront payment amounts will be calculated as $0.01/MHz-pop. 134. The Bureau set forth the specific proposed upfront payments and bidding units for each license in Attachment A of the *Auction 78 Comment Public Notice* and sought comment on this proposal. The Bureau did not receive any comments in response to the proposed upfront payments, or on its proposal that the upfront payment amount would determine a bidder's initial bidding eligibility. Therefore, the Bureau adopts the upfront payments and bidding units it proposed for each license in Auction 78, which are set forth in Attachment A of the *Auction 78 Procedures Public Notice.* 135. In calculating its upfront payment amount, an applicant should determine the maximum number of bidding units on which it may wish to be active (bid on or hold provisionally winning bids on) in any single round, and submit an upfront payment amount covering that number of bidding units. In order to make this calculation, an applicant should add together the upfront payments for all licenses on which it seeks to be active in any given round. Applicants should check their calculations carefully, as there is no provision for increasing a bidder's eligibility after the upfront payment deadline. 136. If an applicant is a former defaulter, it must calculate its upfront payment for all licenses by multiplying the number of bidding units on which it wishes to be active by 1.5. In order to calculate the number of bidding units to assign to former defaulters, the Commission will divide the upfront payment received by 1.5 and round the result up to the nearest bidding unit. iv. Applicant's Wire Transfer Information for Purposes of Refunds of Upfront Payments 137. To ensure that refunds of upfront payments are processed in an expeditious manner, the Commission is requesting that all pertinent information listed in the Auction 78 *Procedures Public Notice* be supplied. Applicants can provide the information electronically during the initial short-form application filing window after the form has been submitted. E. Auction Registration 138. Approximately ten days before the auction, the Bureau will issue a public notice announcing all qualified bidders for the auction. Qualified bidders are those applicants with submitted short-form applications that are deemed complete and upfront payments that are sufficient to make them eligible to bid. 139. All qualified bidders are automatically registered for the auction. Registration materials will be distributed prior to the auction by overnight mail. The mailing will be sent only to the contact person at the contact address listed in the short-form application and will include the SecurID(r) tokens that will be required to place bids, the Integrated Spectrum Auction System
(ISAS)Bidder's Guide, and the Auction Bidder Line phone number. 140. Qualified bidders that do not receive this registration mailing will not be able to submit bids. Therefore, any qualified bidder that has not received this mailing by noon on Thursday, August 7, 2008, should call
(717)338-2868. Receipt of this registration mailing is critical to participating in the auction, and each applicant is responsible for ensuring it has received all of the registration material. F. Remote Electronic Bidding 141. The Commission will conduct this auction over the Internet, and telephonic bidding will be available as well. Only qualified bidders are permitted to bid. Each applicant should indicate its bidding preference—electronic or telephonic—on its short-form application. In either case, each authorized bidder must have its own SecurID(r) token, which the Commission will provide at no charge. G. Mock Auction—August 11, 2008 142. All qualified bidders will be eligible to participate in a mock auction on Monday, August 11, 2008. The mock auction will enable applicants to become familiar with the FCC Auction System prior to the auction. Participation by all bidders is strongly recommended. Details will be announced by public notice. IV. Auction Event 143. The first round of bidding for Auction 78 will begin on Wednesday, August 13, 2008. The initial bidding schedule will be announced in a public notice listing the qualified bidders, which is to be released approximately 10 days before the start of the auction. A. Auction Structure i. Simultaneous Multiple Round Auction 144. In the *Auction 78 Comment Public Notice* , the Bureau proposed to auction all licenses in Auction 78 in a single auction using the Commission's standard simultaneous multiple-round
(SMR)auction format. This type of auction offers every license for bid at the same time and consists of successive bidding rounds in which eligible bidders may place bids on individual licenses. A bidder may bid on, and potentially win, any number of licenses. Typically, bidding remains open on all licenses until bidding stops on every license. 145. The Bureau also sought comment on using some form of package bidding design for Auction 78. A commenter supported the Bureau's recommendation to not employ package bidding for this auction, arguing that the Auction 78 licenses have no readily identifiable inter-relationships or inter-dependencies with each other. The Bureau agrees and continues to believe that a package bidding design is not likely to offer significant advantages to bidders in Auction 78. Given the nature of the auction inventory, the Bureau concludes that the standard SMR auction format will best meet the needs of bidders in Auction 78. Therefore, the Bureau adopts its proposal to use a SMR auction format without package bidding. Unless otherwise announced, bids will be accepted on all licenses in each round of the auction until bidding stops on every license, allowing bidders to take advantage of synergies that exist among licenses. ii. Information Available to Bidders Before and During the Auction 146. In the *Auction 78 Comment Public Notice* , the Bureau proposed to withhold, until after the close of bidding, public release of
(1)bidders' license selections on their short-form applications,
(2)the amounts of bidders' upfront payments and bidding eligibility, and
(3)information that may reveal the identities of bidders placing bids and taking other bidding-related actions. The Bureau proposed to withhold this information irrespective of any pre-auction measurement of likely auction competition. 147. Commenters urge the Commission to not adopt anonymous bidding for Auction 78. The commenters assert that anonymous bidding deprives small to mid-size bidders of valuable information, which in turn reduces the level of participation in the auction and ultimately depresses revenues. A commenter argues that knowing who is bidding during an auction helps bidders determine the value of the licenses, assess whether or not equipment for build-out will be available, and estimate the potential for negotiating roaming agreements—all of which can help small to mid-size bidders acquire favorable financing. A commenter also adds that disclosure of bids and bidders during an auction can help bidders estimate possible signal interference. 148. The Bureau disagrees with the commenters that the results of Auction 73 demonstrate the harms of withholding bidding information were significant to the point where the balance has shifted in favor of disclosing bidder information in Auction 78. While the Commission has previously acknowledged that revealing bidder identities may provide useful information to some bidders, there is no evidence apart from the commenter's statement that any class of bidders in Auction 73 suffered a competitive disadvantage due to the use of limited information procedures. The Bureau believes that the overall competitive benefits of limited information procedures in Auction 73—from reduced opportunities for bid signaling, retaliatory bidding, or other anti-competitive strategic bidding—far outweigh the disadvantages. 149. The Bureau also notes that the commenter's allegations regarding Auction 73 would not necessarily apply to Auction 78, given the differences between the two auctions. The licenses being offered in Auction 78 are very different from those offered in Auction 73 in terms of the numbers of licenses, amount of spectrum, adjacencies, and the nature of the services. Auction 78 is offering licenses in discrete locations for which adjacent neighbors are already known. In many cases, information on the technologies and services in adjacent license areas may also be available. The Bureau concludes that the pro-competitive benefits of using limited information procedures far outweigh the potential value of revealing bidder identities during this auction of PCS and AWS licenses. 150. More generally, while well-prepared FCC auction participants likely will utilize all information available to them when calculating license values, including, in some cases, information revealed during the auction, the Bureau does not believe that knowing bidder identities and other bidder-related information during the auction process is an essential prerequisite to confident bidding and successful auction participation. The Bureau notes in the *Auction 78 Procedures Public Notice* , and other auction public notices, that the Bureau expects bidders to conduct careful pre-auction due diligence before bidding on a license. There is an increasing amount of external market data available on spectrum license values, as more and more licenses have been auctioned and others traded in secondary transactions, which should help auction participants and their financial backers determine their willingness to pay for licenses. Hence, the Bureau is not persuaded that disclosure of bidder identity information during the auction is necessary to facilitate bidder license evaluation in Auction 78. 151. Therefore, the Bureau adopts the limited information procedures proposed in the *Auction 78 Comment Public Notice* . Thus, after the conclusion of each round, the Bureau will disclose all relevant information about the bids placed and/or withdrawn except the identities of the bidders performing the actions and the net amounts of the bids placed or withdrawn. As in past auctions conducted with limited information procedures, the Bureau will indicate, for each license, the minimum acceptable bid amount for the next round and whether the license has a provisionally winning bid. After each round, the Bureau will also release, for each license, the number of bidders that placed a bid on the license. Furthermore, the Bureau will indicate whether any proactive waivers were submitted in each round, and will release the stage transition percentage—the percentages of licenses (as measured in bidding units) on which there were new bids—for the round. In addition, bidders can log in to the FCC Auction System to see, after each round, whether their own bids are provisionally winning. The Bureau will provide descriptions and/or samples of publicly-available and bidder-specific (non-public) results files prior to the start of the auction. 152. *Other Issues* . Information disclosure procedures established for this auction will not interfere with the administration of or compliance with the Commission's anti-collusion rule. 47 CFR 1.2105(c)(1) provides that after the short-form application filing deadline, all applicants for licenses in any of the same or overlapping geographic license areas are prohibited from disclosing to each other in any manner the substance of bids or bidding strategies until after the down payment deadline, subject to specified exceptions. 153. In Auction 78, the Commission will not disclose information regarding license selection or the amounts of bidders' upfront payments and bidding eligibility. As in the past, the Commission will disclose the other portions of applicants' short-form applications through its online database, and certain application-based information through public notices. 154. To assist applicants in identifying other parties subject to the anti-collusion rule, the Bureau will notify separately each applicant that has filed a short-form application to participate in a pending auction whether applicants in Auction 78 have applied for licenses in any of the same or overlapping geographic areas as the applicant. Specifically, after the Bureau conducts its initial review of applications to participate in Auction 78, it will send to each applicant in Auction 78 a letter that lists the other applicants that have pending short-form applications for licenses in any of the same or overlapping geographic areas. The list will identify the other applicants by name but will not list their license selections. As in past auctions, additional information regarding other applicants that is needed to comply with 47 CFR 1.2105(c)—such as the identities of other applicants' controlling interests and entities with a greater than ten percent ownership interest—will be available through the publicly accessible online short-form application database. 155. When completing short-form applications, applicants should avoid any statements or disclosures that may violate the Commission's anti-collusion rule, particularly in light of the Commission's procedures regarding the availability of certain information in Auction 78. While applicants' license selection will not be disclosed until after Auction 78 closes, the Commission will disclose other portions of short-form applications through its online database and public notices. Accordingly, applicants should avoid including any information in their short-form applications that might convey information regarding license selections. For example, applicants should avoid using applicant names that refer to licenses being offered, referring to certain licenses or markets in describing bidding agreements, or including any information in attachments that may otherwise disclose applicants' license selections. 156. If an applicant is found to have violated the Commission's rules or antitrust laws in connection with its participation in the competitive bidding process, the applicant may be subject to various sanctions, including forfeiture of its upfront payment, down payment, or full bid amount and prohibition from participating in future auctions. A commenter advocates a safe-harbor for auction-related statements made by bidders in filings with the U.S. Securities and Exchange Commission (SEC). The commenter suggests that creating this safe harbor would avoid a potential conflict between a bidder's attempt to comply with the Commission's anonymous bidding procedures and SEC disclosure regulations. 157. The Bureau declines to create blanket immunity for statements filed with the SEC because that would violate the intent of the limited information procedures that the Bureau adopted for Auction 78. The commenter has not persuaded us that the Commission's anonymous bidding procedures are irreconcilable with SEC reporting requirements. The Bureau continues to believe that premature disclosure of the identities of successful bidders in Auction 78, whether to financial institutions, vendors, or others, would undermine the purposes of the Bureau's limited information procedures. Therefore, the Bureau declines to create an exception to its limited information procedures. The Bureau hereby warns applicants that the direct or indirect communication to other applicants or the public disclosure of non-public information, ( *e.g.* , bid withdrawals, proactive waivers submitted, reductions in eligibility) could violate the Commission's anonymous bidding procedures and the anti-collusion rule. To the extent an applicant believes that such a disclosure is required by law or regulation, including regulations issued by the Securities and Exchange Commission, the Bureau strongly urges that the applicant consult with the Commission before making such disclosure. iii. Eligibility and Activity Rules 158. The Bureau will use upfront payments to determine initial eligibility for Auction 78. The amount of the upfront payment submitted by a bidder determines initial bidding eligibility, the maximum number of bidding units on which a bidder may be active. Each license is assigned a specific number of bidding units listed in Attachment A of the *Auction 78 Procedures Public Notice.* Bidding units for a given license do not change as prices rise during the auction. A bidder's upfront payment is not attributed to specific licenses. Rather, a bidder may place bids on any of the licenses selected on its short-form application as long as the total number of bidding units associated with those licenses does not exceed its current eligibility. Eligibility cannot be increased during the auction; it can only remain the same or decrease. Thus, in calculating its upfront payment amount, an applicant must determine the maximum number of bidding units it may wish to bid on or hold provisionally winning bids on in any single round, and submit an upfront payment amount covering that total number of bidding units. At a minimum, an applicant's upfront payment must cover the bidding units for at least one of the licenses it selected on its short-form application. The total upfront payment does not affect the total dollar amount a bidder may bid on any given license. 159. In order to ensure that an auction closes within a reasonable period of time, an activity rule requires bidders to bid actively throughout the auction, rather than wait until late in the auction before participating. Bidders are required to be active on a specific minimum percentage of their current bidding eligibility during each round of the auction. 160. A bidder's activity level in a round is the sum of the bidding units associated with any licenses covered by new and provisionally winning bids. A bidder is considered active on a license in the current round if it is either the provisionally winning bidder at the end of the previous bidding round and does not withdraw the provisionally winning bid in the current round, or if it submits a bid in the current round. 161. The minimum required activity is expressed as a percentage of the bidder's current eligibility, and increases by stage as the auction progresses. Because these procedures have proven successful in maintaining the pace of previous auctions, the Commission adopts them for Auction 78. Failure to maintain the requisite activity level will result in the use of an activity rule waiver, if any remain, or a reduction in the bidder's eligibility, possibly curtailing or eliminating the bidder's ability to place additional bids in the auction. iv. Auction Stages 162. In the *Auction 78 Comment Public Notice* , the Bureau proposed to conduct the auction in two stages and employ an activity rule. Under the Bureau's proposal a bidder desiring to maintain its current bidding eligibility would be required to be active on licenses representing at least 80 percent of its current bidding eligibility, during each round of Stage One, and at least 95 percent of its current bidding eligibility in Stage Two. The Commission received no comments on this proposal. 163. The Bureau has the discretion to further alter the activity requirements before and/or during the auction as circumstances warrant, and also has other mechanisms by which it may influence the speed of an auction. The Bureau finds that two stages for an activity requirement adequately balances the desire to conclude the auction quickly with giving sufficient time for bidders to consider the status of the bidding and to place bids. Therefore, the Bureau adopts the two stages. 164. Stage One: During the first stage of the auction, a bidder desiring to maintain its current bidding eligibility will be required to be active on licenses representing at least 80 percent of its current bidding eligibility in each bidding round. Failure to maintain the required activity level will result in the use of an activity rule waiver or, if the bidder has no activity rule waivers remaining, a reduction in the bidder's bidding eligibility in the next round. During Stage One, reduced eligibility for the next round will be calculated by multiplying the bidder's current round activity (the sum of bidding units of the bidder's provisionally winning bids and bids during the current round) by five-fourths (5/4). 165. Stage Two: During the second stage of the auction, a bidder desiring to maintain its current bidding eligibility is required to be active on 95 percent of its current bidding eligibility. Failure to maintain the required activity level will result in the use of an activity rule waiver or, if the bidder has no activity rule waivers remaining, a reduction in the bidder's bidding eligibility in the next round. During Stage Two, reduced eligibility for the next round will be calculated by multiplying the bidder's current round activity (the sum of bidding units of the bidder's provisionally winning bids and bids during the current round) by twenty-nineteenths (20/19). CAUTION: Since activity requirements increase in Stage Two, bidders must carefully check their activity during the first round following a stage transition to ensure that they are meeting the increased activity requirement. This is especially critical for bidders that have provisionally winning bids and do not plan to submit new bids. In past auctions, some bidders have inadvertently lost bidding eligibility or used an activity rule waiver because they did not re-verify their activity status at stage transitions. Bidders may check their activity against the required activity level by logging into the FCC Auction System. [GPO end indent] 166. Because the foregoing procedures have proven successful in maintaining the proper pace in previous auctions, the Bureau adopts them for Auction 78. v. Stage Transitions 167. In the *Auction 78 Comment Public Notice,* the Bureau proposed that it would advance the auction to the next stage (i.e., from Stage One to Stage Two) after considering a variety of measures of auction activity, including, but not limited to, the percentages of licenses (as measured in bidding units) on which there are new bids, the number of new bids, and the increase in revenue. The Bureau further proposed that it would retain the discretion to change the activity requirements during the auction. For example, the Bureau could decide not to transition to Stage Two if it believes the auction is progressing satisfactorily under the Stage One activity requirement, or to transition to Stage Two with an activity requirement that is higher or lower than the 95 percent. The Bureau proposed to alert bidders of stage advancements by announcement during the auction. The Bureau received no comments on this issue. 168. The Bureau adopts its proposal for stage transitions. Thus, the auction will start in Stage One. The Bureau will regulate the pace of the auction by announcement. The Bureau retains the discretion to transition the auction to Stage Two, to add an additional stage with a higher activity requirement, not to transition to Stage Two, and to transition to Stage Two with an activity requirement that is higher or lower than 95 percent. This determination will be based on a variety of measures of auction activity, including, but not limited to, the number of new bids and the percentages of licenses (as measured in bidding units) on which there are new bids. vi. Activity Rule Waivers 169. In the *Auction 78 Comment Public Notice,* the Bureau proposed that each bidder in the auction be provided with three activity rule waivers. 170. The Bureau adopts its proposal to provide bidders with three activity rule waivers. vii. Auction Stopping Rules 171. For Auction 78, the Bureau proposed to employ a simultaneous stopping rule approach. A simultaneous stopping rule means that all licenses remain available for bidding until bidding closes simultaneously on all licenses. More specifically, bidding will close simultaneously on all licenses after the first round in which no bidder submits any new bids, applies a proactive waiver, or withdraws any provisionally winning bids. 172. The Bureau also sought comment on alternative versions of the simultaneous stopping rule for Auction 78: Option 1. The auction would close for all licenses after the first round in which no bidder applies a waiver, withdraws a provisionally winning bid, or places any new bids on any license on which it is not the provisionally winning bidder. Thus, absent any other bidding activity, a bidder placing a new bid on a license for which it is the provisionally winning bidder would not keep the auction open under this modified stopping rule. Option 2. The auction would end after a specified number of additional rounds. If the Bureau invokes this special stopping rule, it will accept bids in the specified final round(s) and the auction will close. Option 3. The auction would remain open even if no bidder places any new bids, applies a waiver, or withdraws any provisionally winning bids. In this event, the effect will be the same as if a bidder had applied a waiver. Thus, the activity rule will apply as usual, and a bidder with insufficient activity will either lose bidding eligibility or use a waiver. 173. The Bureau proposed to exercise these options only in circumstances such as where the auction is proceeding unusually slowly or quickly, where there is minimal overall bidding activity, or where it appears likely that the auction will not close within a reasonable period of time or will close prematurely. The Bureau noted that before exercising these options, it is likely to attempt to change the pace of the auction by, for example, changing the number of bidding rounds per day and/or changing minimum acceptable bids. viii. Auction Delay, Suspension, or Cancellation 174. In the *Auction 78 Comment Public Notice,* the Bureau proposed that, by public notice or by announcement during the auction, it may delay, suspend, or cancel the auction in the event of natural disaster, technical obstacle, administrative or weather necessity, evidence of an auction security breach or unlawful bidding activity, or for any other reason that affects the fair and efficient conduct of competitive bidding. The Bureau received no comment on this issue. The Bureau adopts its proposed rules regarding auction delay, suspension, or cancellation. B. Bidding Procedures i. Round Structure 175. The initial schedule of bidding rounds will be announced in the public notice listing the qualified bidders, which is released approximately 10 days before the start of the auction. Each bidding round is followed by the release of round results. Multiple bidding rounds may be conducted in a given day. Details regarding round results formats and locations will also be included in the qualified bidders public notice. 176. The Bureau has discretion to change the bidding schedule in order to foster an auction pace that reasonably balances speed with the bidders' need to study round results and adjust their bidding strategies. The Bureau may increase or decrease the amount of time for the bidding rounds, the amount of time between rounds, or the number of rounds per day, depending upon bidding activity and other factors. ii. Reserve Price and Minimum Opening Bids 177. Section 309(j) of the Communications Act of 1934, as amended, calls upon the Commission to prescribe methods by which a reasonable reserve price will be required or a minimum opening bid established when applications for FCC licenses are subject to auction (i.e., because they are mutually exclusive), unless the Commission determines that a reserve price or minimum opening bid is not in the public interest. a. Reserve Prices 178. In the *Auction 78 Comment Public Notice,* the Bureau recommended that no reserve price be imposed in Auction 78, noting that when the PCS licenses were offered initially there was no reserve price and that the reserve price for AWS licenses was met in Auction 66. The Bureau adopts its proposal not to establish a reserve price in Auction 78. b. Minimum Opening Bids 179. The Bureau proposed in the *Auction 78 Comment Public Notice* to establish minimum opening bids for each license, while retaining discretion to lower the minimum opening bids. Specifically, for Auction 78, the Bureau proposed to calculate minimum opening bids on a license-by-license basis.
(i)AWS-1 180. For AWS-1 licenses offered in Auction 78, the Bureau proposed minimum opening bids as follows:
(1)For licenses covering CMAs or EAs in the 50 states, minimum opening bid amounts will be calculated as $0.03/MHz-pop;
(2)for the REAG that covers the Gulf of Mexico, the minimum opening bid amount will be $20,000; and
(3)for all remaining licenses, minimum opening bid amounts will be calculated as $0.01/MHz-pop.
(ii)Broadband PCS 181. For broadband PCS licenses offered in Auction 78, the Bureau proposed minimum opening bids as follows:
(1)For licenses covering BTAs in the 50 states, minimum opening bid amounts will be calculated as $0.03/MHz-pop; and
(2)for all remaining licenses, minimum opening bid amounts will be calculated as $0.01/MHz-pop. 182. For all licenses, the results of these calculations are subject to a minimum of $500 per license and are rounded using the Bureau's standard rounding procedure. The Bureau sought comment on this proposal and, in the alternative, on whether, consistent with Section 309(j), the public interest would be served by having no minimum opening bids. 183. The Commission did not receive any comments addressing the proposed minimum opening bid amounts or the formula proposed to calculate them. Accordingly, the Bureau adopts the proposed minimum opening bids and formulas, with a minimum of $500 per license. 184. The Commission did not receive any comments addressing the proposal that the Bureau retains the discretion to reduce minimum opening bid amounts. The Bureau therefore adopts this proposal, noting that the Bureau retains the discretion to reduce the minimum opening bid amounts. The Bureau emphasizes, however, that such discretion will be exercised, if at all, sparingly and early in the auction, i.e., before bidders lose all activity waivers. During the course of the auction, the Bureau will not entertain requests to reduce the minimum opening bid amount on specific licenses. 185. The specific minimum opening bid amounts for each license available in Auction 78 calculated pursuant to the procedure described herein are set forth in Attachment A of the *Auction 78 Procedures Public Notice.* iii. Bid Amounts 186. In the *Auction 78 Comment Public Notice,* the Bureau proposed that in each round, eligible bidders be able to place a bid on a given license using one or more pre-defined bid amounts. Under the proposal, the FCC Auction System interface will list the acceptable bid amounts for each license. The Commission received no comment on this issue. Based on the Commission's experience in prior auctions, the Bureau adopts the proposals for Auction 78. a. Minimum Acceptable Bids 187. Under the Bureau's proposed procedures, the first of the acceptable bid amounts is called the minimum acceptable bid amount. The minimum acceptable bid amount for a license will be equal to its minimum opening bid amount until there is a provisionally winning bid on the license. After there is a provisionally winning bid for a license, the minimum acceptable bid amount for that license will be equal to the amount of the provisionally winning bid plus a percentage of that bid amount calculated using the formula. In general, the percentage will be higher for a license receiving many bids than for a license receiving few bids. In the case of a license for which the provisionally winning bid has been withdrawn, the minimum acceptable bid amount will equal the second highest bid received for the license. 188. The percentage of the provisionally winning bid used to establish the minimum acceptable bid amount (the additional percentage) is calculated at the end of each round, based on an activity index. The activity index is a weighted average of
(a)the number of distinct bidders placing a bid on the license, and
(b)the activity index from the prior round. Specifically, the activity index is equal to a weighting factor times the number of bidders placing a bid on the license in the most recent bidding round plus one minus the weighting factor times the activity index from the prior round. The additional percentage is determined by adding one to the activity index, and multiplying that sum by a minimum percentage, with the result not to exceed a maximum percentage. The additional percentage is then multiplied by the provisionally winning bid amount to obtain the minimum acceptable bid for the next round. 189. The Bureau proposed initially to set the weighting factor at 0.5, the minimum percentage (floor) at 0.1 (10%), and the maximum percentage (ceiling) at 0.2 (20%). At these initial settings, the minimum acceptable bid for a license will generally be between ten percent and twenty percent higher than the provisionally winning bid, depending upon the bidding activity for the license. Equations and examples are shown in Attachment E of the *Auction 78 Procedures Public Notice.* b. Additional Bid Amounts 190. Any additional bid amounts are calculated using the minimum acceptable bid amount and a bid increment percentage—more specifically, by multiplying the minimum acceptable bid by one plus successively higher multiples of the bid increment percentage. If, for example, the bid increment percentage is five percent, the calculation of the first additional acceptable bid amount is (minimum acceptable bid amount) * (1 + 0.05), or (minimum acceptable bid amount) * 1.05; the second additional acceptable bid amount equals the minimum acceptable bid amount times one plus two times the bid increment percentage, or (minimum acceptable bid amount) * 1.1, etc. The Bureau will round the results of these calculations and the minimum acceptable bid calculations using the Bureau's standard rounding procedures. 191. For Auction 78, the Bureau proposed to set the bid increment percentage at 0.05, so that any additional bid amounts above the minimum acceptable bid would each be 5 percent higher. The Bureau received no comments on this proposal and therefore adopts its proposal to begin the auction with a bid increment percentage of 0.05. 192. The Bureau sought comment on whether it should start Auction 78 with no additional bid amounts or eight additional bid amounts (for a total of nine bid amounts) per license. A commenter recommends starting with eight additional bid amounts, arguing that this would allow bidders to bid closer to their valuation of the spectrum, which, in turn, increases the chance that the licenses will be awarded to those who value them the most. 193. Auction 78 will begin with eight additional bid amounts per license. The Bureau is not persuaded that these additional bid amounts are necessary to provide bidders with adequate ability to express their valuations. The Bureau's experience with past auctions conducted without anonymous bidding procedures indicates that bidders rarely use multiple increment bids as the commenters suggest—to express their final valuations more precisely—but more frequently use jump bids as a means of signaling other bidders. However, given the limited nature of the inventory of licenses offered in Auction 78 and the use of anonymous bidding, the Bureau is not particularly concerned that the additional bid amounts will effectively be used for signaling in this auction. c. Cap on Increases in Bid Amounts 194. The Bureau also sought comment on whether it should cap
(a)the amount by which a minimum acceptable bid for a license may increase compared with the corresponding provisionally winning bid, and
(b)the amount by which an additional bid amount may increase compared with the immediately preceding acceptable bid amount. No commenters addressed this question. 195. The Bureau will start the auction with a cap of $1 million. This will limit the amount by which minimum acceptable bids and additional bid amounts may increase. Given the inventory of Auction 78, the Bureau believes that this cap may be useful in preventing very rapid price increases on some licenses, which could potentially discourage bidder participation, inhibit price discovery, and create bid approval issues for bidders. 196. The Bureau retains the discretion to change the minimum acceptable bid amounts, the additional bid amounts, the cap on bid amounts, the number of acceptable bid amounts, and the parameters of the formulas used to calculate minimum acceptable bid amounts and additional bid amounts if it determines that circumstances so dictate. Further, the Bureau retains the discretion to do so on a license-by-license basis. iv. Provisionally Winning Bids 197. At the end of each bidding round, a provisionally winning bid will be determined based on the highest bid amount received for each license. A provisionally winning bid will remain the provisionally winning bid until there is a higher bid on the same license at the close of a subsequent round. Provisionally winning bids at the end of the auction become the winning bids. Bidders are reminded that provisionally winning bids count toward activity for purposes of the activity rule. 198. In the *Auction 78 Comment Public Notice,* the Bureau proposed to use a random number generator to select a single provisionally winning bid in the event of identical high bid amounts being submitted on a license in a given round ( *i.e.* , tied bids). No comments were received on this proposal. 199. Hence, the Bureau adopts the proposal. The FCC Auction System will assign a random number to each bid upon submission. The tied bid with the highest random number wins the tiebreaker, and becomes the provisionally winning bid. Bidders, regardless of whether they hold a provisionally winning bid, can submit higher bids in subsequent rounds. However, if the auction were to end with no other bids being placed, the winning bidder would be the one that placed the provisionally winning bid. 200. All bidding will take place remotely either through the FCC Auction System or by telephonic bidding. There will be no on-site bidding during Auction 78. 201. A bidder's ability to bid on specific licenses is determined by two factors:
(1)The licenses selected on the bidder's short-form application and
(2)the bidder's eligibility. The bid submission screens will allow bidders to submit bids on only those licenses the bidder selected on its short-form application. 202. In each round, eligible bidders will be able to place bids on a given license in one or more pre-defined bid amounts. For each license, the FCC Auction System will list the acceptable bid amounts in a drop-down box. Bidders use the drop-down box to select from among the acceptable bid amounts. The FCC Auction System also includes an upload function that allows bidders to upload text files containing bid information. 203. Until a bid has been placed on a license, the minimum acceptable bid amount for that license will be equal to its minimum opening bid amount. Once there are bids on a license, minimum acceptable bids for a license will be determined. 204. During a round, an eligible bidder may submit bids for as many licenses as it wishes, remove bids placed in the current bidding round, withdraw provisionally winning bids from previous rounds, or permanently reduce eligibility. If a bidder submits multiple bids for the same license in the same round—multiple bids on the exact same license, the system takes the last bid entered as that bidder's bid for the round. Bidders should note that the bidding units associated with licenses for which the bidder has removed or withdrawn its bid do not count towards the bidder's current activity. 205. Finally, bidders are cautioned to select their bid amounts carefully because bidders that withdraw a provisionally winning bid from a previous round, even if the bid was mistakenly or erroneously made, are subject to bid withdrawal payments. v. Bid Removal and Bid Withdrawal 206. In the *Auction 78 Comment Public Notice,* the Commission proposed bid removal and bid withdrawal procedures. The Bureau sought comment on permitting a bidder to remove a bid before the close of the round in which the bid was placed. With respect to bid withdrawals, the Commission proposed limiting each bidder to withdrawals of provisionally winning bids on licenses in no more than one round during the course of the auction. The round in which withdrawals are used would be at each bidder's discretion. 207. A commenter recommends allowing each bidder to withdraw an unlimited number of bids in a single round, as proposed in the *Auction 78 Comment Public Notice,* or up to three bids in more than one round. The commenter characterizes the limitation of one bid withdrawal round as “severe restrictions” that may have seemed to be necessary in Auction 73 where combinatorial bidding was used for some licenses. 208. The Bureau is not convinced by this line of reasoning. The Commission has conducted some past auctions—particularly those with limited opportunities for license aggregation—with one or no withdrawal rounds. Therefore, the Bureau adopts its proposal. 209. *Bid Removal.* Before the close of a bidding round, a bidder has the option of removing any bids placed in that round. By using the remove bids function in the FCC Auction System, a bidder may effectively unsubmit any bid placed within that round. A bidder removing a bid placed in the same round is not subject to withdrawal payments. Removing a bid will affect a bidder's activity for the round in which it is removed, i.e., a bid that is removed does not count toward bidding activity. 210. *Bid Withdrawal.* Once a round closes, a bidder may no longer remove a bid. However, in a later round, a bidder may withdraw provisionally winning bids from previous rounds for licenses using the withdraw bids function in the FCC Auction System. A provisionally winning bidder that withdraws its provisionally winning bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 CFR 1.2104(g). Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted even if the round has not yet ended. 211. If a provisionally winning bid is withdrawn, the minimum acceptable bid amount will equal the amount of the second highest bid received for the license, which may be less than, or in the case of tied bids, equal to, the amount of the withdrawn bid. The Commission will serve as a “place holder” provisionally winning bidder on the license until a new bid is submitted on that license. 212. These procedures will permit bidder flexibility during the auction, and therefore the Bureau adopts them for Auction 78. 213. *Calculation of Bid Withdrawal Payment.* Generally, the Commission imposes payments on bidders that withdraw high bids during the course of an auction. If a bidder withdraws its bid and there is no higher bid in the same or subsequent auction(s), the bidder that withdrew its bid is responsible for the difference between its withdrawn bid and the provisionally winning bid in the same or subsequent auction(s). If a bid is withdrawn on a license and no subsequent higher bid is placed and/or the license is not won in the same auction, the payment for each bid withdrawal will be calculated based on the sequence of bid withdrawals and the amounts withdrawn. No withdrawal payment will be assessed for a withdrawn bid if either the subsequent winning bid or any subsequent intervening withdrawn bid, in either the same or subsequent auctions(s), equals or exceeds that withdrawn bid. Thus, a bidder that withdraws a bid will not be responsible for any final withdrawal payment if there is a subsequent higher bid in the same or subsequent auction(s). 214. 47 CFR 1.2104(g)(1) of the rules sets forth the payment obligations of a bidder that withdraws a high bid on a license during the course of an auction, and provides for the assessment of interim bid withdrawal payments. In the *Auction 78 Comment Public Notice,* the Bureau proposed to establish the percentage at fifteen percent (15%) for Auction 78 and sought comment on the proposal. 215. The Bureau received no comments on this issue and adopts its proposal. The Commission will assess an interim withdrawal payment equal to fifteen percent (15%) of the amount of the withdrawn bids. The fifteen percent (15%) interim payment will be applied toward any final bid withdrawal payment that will be assessed after subsequent auction of the license. Assessing an interim bid withdrawal payment ensures that the Commission receives a minimal withdrawal payment pending assessment of any final withdrawal payment. 47 CFR 1.2104(g) provides specific examples showing application of the bid withdrawal payment rule. vi. Round Results 216. Limited information about the results of a round will be made public after the conclusion of the round. Specifically, after a round closes, the Bureau will make available for each license, its current provisionally winning bid amount, the minimum acceptable bid amount for the following round, the amounts of all bids placed on the license during the round, and whether the license is FCC held. The system will also provide an entire license history detailing all activity that has taken place on a license with the ability to sort by round number. The reports will be publicly accessible. Moreover, after the auction, the Bureau will make available complete reports of all bids placed during each round of the auction, including bidder identities. vii. Auction Announcements 217. The Commission will use auction announcements to announce items such as schedule changes and stage transitions. All auction announcements will be available by clicking a link in the FCC Auction System. V. Post-Auction Procedures 218. Shortly after bidding has ended, the Commission will issue a public notice declaring the auction closed, identifying the winning bidders, and establishing the deadlines for submitting down payments, the long-form application (FCC Form 601), the ownership disclosure information report (FCC Form 602), and final payments. A. Down Payments 219. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Commission for Auction 78 to 20 percent of the net amount of its winning bids (gross bids less any applicable small business or very small business bidding credits). B. Final Payments 220. Each winning bidder will be required to submit the balance of the net amount of its winning bids within 10 business days after the applicable deadline for submitting down payments. C. Long-Form Application (FCC Form 601) 221. Within ten business days after release of the auction closing notice, winning bidders must electronically submit a properly completed long-form application (FCC Form 601) for the license(s) they won through Auction 78. Winning bidders that are entrepreneurs and/or small businesses or very small businesses must demonstrate their qualifications to be considered an entrepreneur and/or their eligibility for a small business or very small business bidding credit. Further filing instructions will be provided to winning bidders in the auction closing notice. 222. Winning bidders organized as bidding consortia must comply with the long-form application procedures established in the *CSEA/Part 1 Report and Order,* 71 FR 6992, February 10, 2006. Specifically, each member (or group of members) of a winning consortium seeking separate licenses will be required to file a separate long-form application for its respective license(s). If the license is to be partitioned or disaggregated, the member (or group) filing the long-form application must provide the relevant partitioning or disaggregation agreement in its long-form application. In addition, if two or more consortium members wish to be licensed together, they must first form a legal business entity, and any such entity must meet the applicable designated entity criteria. D. Ownership Disclosure Information Report (FCC Form 602) 223. Within ten business days after release of the auction closing notice, each winning bidder must also comply with the ownership reporting requirements in 47 CFR 1.913, 1.919, and 1.2112 by submitting an ownership disclosure information report (FCC Form 602) with its long-form application. 224. If an applicant already has a complete and accurate FCC Form 602 on file in ULS, it is not necessary to file a new report, but applicants must verify that the information on file with the Commission is complete and accurate. If the applicant does not have an FCC Form 602 on file, or if it is not complete and accurate, the applicant must submit one. 225. When an applicant submits a short-form application, ULS automatically creates an ownership record. This record is not an FCC Form 602, but may be used to pre-fill the FCC Form 602 with the ownership information submitted on the applicant's short-form application. Applicants must review the pre-filled information and confirm that it is complete and accurate as of the filing date of the long-form application before certifying and submitting the FCC Form 602. Further instructions will be provided to winning bidders in the auction closing notice. E. Tribal Lands Bidding Credit 226. A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal lands bidding credit as set forth in 47 CFR 1.2107 and 1.2110(f). A tribal lands bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. 227. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal lands bidding credit after winning the auction when it files its long-form application (FCC Form 601). When initially filing the long-form application, the winning bidder will be required to advise the Commission whether it intends to seek a tribal lands bidding credit, for each license won in the auction, by checking the designated box(es). After stating its intent to seek a tribal lands bidding credit, the applicant will have 180 days from the close of the long-form filing window to amend its application to select the specific tribal lands to be served and provide the required tribal government certifications. Licensees receiving a tribal lands bidding credit are subject to performance criteria as set forth in 47 CFR 1.2110(f)(3)(vi). F. Default and Disqualification 228. Any winning bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 CFR 1.2104(g)(2). The payments include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is less. 229. The percentage of the applicable bid to be assessed as an additional payment for defaults in a particular auction is established in advance of the auction. Accordingly, in the *Auction 78 Comment Public Notice,* the Bureau proposed to set the additional default payment for this auction at ten percent of the applicable bid, consistent with Auctions 66 and 71. The Bureau received no comments on this proposal, and therefore, adopts the proposal. 230. Finally, in the event of a default, the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at its final bid amount. In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, the Commission may declare the applicant and its principals ineligible to bid in future auctions, and may take any other action that it deems necessary, including institution of proceedings to revoke any existing licenses held by the applicant. G. Refund of Remaining Upfront Payment Balance 231. All applicants that submit upfront payments but after the close of the auction are not winning bidders for a license in Auction 78 may be entitled to a refund of their remaining upfront payment balance after the conclusion of the auction. All refunds will be returned to the payer of record, as identified on the FCC Form 159, unless the payer submits written authorization instructing otherwise. 232. Refunds will not be made until after the conclusion of bidding because providing refunds could disclose the activity of particular applicants which would be inconsistent with the anonymous bidding procedures applicable to Auction 78. For these reasons, applicants should not request refunds until after the close of the auction. Federal Communications Commission. Gary D. Michaels, Deputy Chief, Auctions and Spectrum Access Division, WTB. [FR Doc. E8-12013 Filed 5-28-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Federal Advisory Committee Act AGENCY: Federal Communications Commission. ACTION: Notice of Charter Renewal. SUMMARY: In accordance with the Federal Advisory Committee Act (Pub. L. 92-463), the purpose of this notice is to announce that the Federal Communications Commission
(FCC)has renewed the charter for the “WRC-11 Advisory Committee” for a two-year period through May 23, 2010. The WRC-11 Advisory Committee is a federal advisory committee under the Federal Advisory Committee Act. DATES: Renewed through May 23, 2010. ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,Room TW-C305, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Alexander Roytblat, Designated Federal Official, WRC-11 Advisory Committee, FCC International Bureau, Strategic Analysis and Negotiations Division, at
(202)418-7501. E-mail: *Alexander.Roytblat@fcc.gov.* SUPPLEMENTARY INFORMATION: The GSA has renewed the charter of the WRC-11 Advisory Committee (Committee) through May 23, 2010. The Committee will continue to provide to the FCC advice, technical support, and recommended proposals relating to the preparation of United States proposals and positions for the 2011 World Radiocommunication Conference (WRC-11). The Advisory Committee has been renamed the Advisory Committee for the 2011 Radiocommunication Conference (or simply, WRC-11 Advisory Committee), and its scope of activities has been amended to address issues contained in the agenda for WRC-11. In accordance with the Federal Advisory Committee Act, Pub. L. 92-463, as amended, this notice advises interested persons of the renewal of the WRC-11 Advisory Committee. Federal Communications Commission. Helen Domenici, Chief, International Bureau. [FR Doc. E8-12011 Filed 5-28-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL DEPOSIT INSURANCE CORPORATION Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Federal Deposit Insurance Corporation (FDIC). ACTION: Notice and request for comment. SUMMARY: The FDIC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on continuing information collections, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). Currently, the FDIC is soliciting comments concerning the following collections of information titled: Acquisition Services Information Requirements (3064-0072), Account Based Disclosures in Connection with Federal Reserve Regulations E, CC, and DD (3064-0084), and Prompt Corrective Actions (3064-0115). DATES: Comments must be submitted on or before July 28, 2008. ADDRESSES: Interested parties are invited to submit written comments to the FDIC by any of the following methods. All comments should refer to the name of the collection: • *http://www.FDIC.gov/regulations/laws/federal/notices.html.* • *E-mail:* *comments@fdic.gov.* Include the name of the collection in the subject line of the message. • *Mail:* Leneta G. Gregorie (202-898-3719), Counsel, Room F-1064, Federal Deposit Insurance Corporation, 550 17th Street NW., Washington, DC 20429. • *Hand Delivery:* Comments may be hand-delivered to the guard station at the rear of the 17th Street Building (located on F Street), on business days between 7 a.m. and 5 p.m. A copy of the comments may also be submitted to the OMB desk officer for the FDIC: Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Leneta G. Gregorie at the address identified above. SUPPLEMENTARY INFORMATION: Proposal to renew the following currently approved collections of information: 1. *Title:* Acquisition Services Information Requirements. *OMB Number:* 3064-0072. This OMB Number covers the following items: *Forms Currently in Use:* FDIC Background Investigation Questionnaire for Contractor Personnel Management Officials, Form 1600/04 (1-03). FDIC Contractor Representation and Certifications, Form 3700/04A (8-02). FDIC Background Investigation Questionnaire for Contractor, Form 1600/07 (8-02). FDIC Notice and Authorization Pertaining to Consumer Reports, Form 1600/10 (10-02). FDIC Integrity and Fitness Representations and Certifications, Form 3700/12 (11-03). FDIC Leasing Representations and Certifications Form 3700/44 (10-01). *Discontinued Forms in This Collection:* FDIC Contractor Application, Form 3700/13 (5-02). Contractor Past Performance RFP Reference Check Questionnaire, 3700/29 (10-01). Contractor Application Revision Request, Form 3700/33 (8-98). *Frequency of Response:* On occasion. *Affected Public:* Any contractors who wish to do business, have done business, or are currently under contract with the FDIC. *Estimated Number of Respondents:* 12,546. *Estimated Time per Response:* .43 hours. *Total Annual Burden:* 5,403 hours. *General Description of Collection:* The collection involves the submission of information on various forms by contractors who wish to do business, have done business, or are currently under contract with the FDIC. The information is used to: Enter contractors on the FDIC's nationwide contractor database, the National Contractor System (NCS); ensure compliance with established contractor ethics regulations (12 CFR Part 366); obtain information on a contractor's past performance for proposal evaluation purposes; review a potential lessor's fitness and integrity prior to entering into a lease transaction; provide notice and authorization for obtaining consumer reports for employment purposes or performance under a contract; and document contractor change requests. 2. *Title:* Account Based Disclosures in Connection With Federal Reserve Regulations E, CC, and DD. *OMB Number:* 3064-0084. *Frequency of Response:* On occasion. *Affected Public:* State chartered banks that are not members of the Federal Reserve System. *Estimated Number of Respondents:* 5,300. *Total Annual Burden:* 920,589 hours. *General Description of Collection:* This FDIC information collection provides for the application of Regulations E (Electronic Fund Transfers), CC (Availability of Funds), and DD (Truth in Savings) to State nonmember banks. Regulations E, CC, and DD are issued by the Federal Reserve Board of Governors
(FRB)to ensure, among other things, that consumers are provided adequate disclosures regarding accounts, including electronic fund transfer services, availability of funds, and fees and annual percentage yield for deposit accounts. Generally, the Regulation E disclosures are designed to ensure consumers receive adequate disclosure of basic terms, costs, and rights relating to electronic fund transfer
(EFT)services provided to them so that they can make informed decisions. Institutions offering EFT services must disclose to consumers certain information, including: initial and updated EFT terms, transaction information, the consumer's potential liability for unauthorized transfers, and error resolution rights and procedures. Like Regulation E, Regulation CC has consumer protection disclosure requirements. Specifically, Regulation CC requires depository institutions to make funds deposited in transaction accounts available within specified time periods, disclose their availability policies to customers, and begin accruing interest on such deposits promptly. The disclosures are intended to alert customers that their ability to use deposited funds may be delayed, prevent unintentional (and costly) overdrafts, and allow customers to compare the policies of different institutions before deciding at which institution to deposit funds. Depository institutions must also provide an awareness disclosure regarding substitute checks. The regulation also requires notice to the depositary bank and to a customer of nonpayment of a check. Regulation DD also has similar consumer protection disclosure requirements that are intended to assist consumers in comparing deposit accounts offered by institutions, principally through the disclosure of fees, the annual percentage yield, and other account terms. Regulation DD requires depository institutions to disclose yields, fees, and other terms concerning deposit accounts to consumers at account opening, upon request, and when changes in terms occur. Depository institutions that provide periodic statements are required to include information about fees imposed, interest earned, and the annual percentage yield
(APY)earned during those statement periods. It also contains rules about advertising deposit accounts. Although the FRB regulations require institutions to retain evidence of compliance with the disclosure requirements, the regulations do not specify the types of records that must be retained. 3. *Title:* Prompt Corrective Action. *OMB Number:* 3064-0115. *Frequency of Response:* On occasion. *Affected Public:* All insured depository institutions. *Estimated Number of Respondents:* 19. *Estimated Time per Response:* 4 hours. *Total Annual Burden:* 76 hours. *General Description of Collection:* The Prompt Corrective Action provisions in Section 38 of the Federal Deposit Insurance Act (12 U.S.C. 1831o) permits and, in some cases requires, the Federal Deposit Insurance Corporation
(FDIC)and other federal banking agencies to take certain supervisory actions when FDIC-insured institutions fall within one of five capital categories. They also restrict or prohibit certain activities and require the submission of a capital restoration plan when an insured institution becomes undercapitalized. Request for Comment *Comments are invited on:*
(a)Whether this collection of information is necessary for the proper performance of the FDIC's functions, including whether the information has practical utility;
(b)the accuracy of the estimates of the burden of the information collection, including the validity of the methodologies and assumptions used;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start up costs, and costs of operation, maintenance and purchase of services to provide the information. At the end of the comment period, the comments and recommendations received will be analyzed to determine the extent to which the collection should be modified prior to submission to OMB for review and approval. Comments submitted in response to this notice also will be summarized or included in the FDIC's requests to OMB for renewal of this collection. All comments will become a matter of public record. Dated at Washington, DC, this 23nd day of May, 2008. Federal Deposit Insurance Corporation. Valerie J. Best, Assistant Executive Secretary. [FR Doc. E8-11945 Filed 5-28-08; 8:45 am] BILLING CODE 6714-01-P FEDERAL MARITIME COMMISSION Notice of Agreements Filed The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on agreements to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the **Federal Register** . Copies of agreements are available through the Commission's Web site ( *http://www.fmc.gov* ) or contacting the Office of Agreements
(202)523-5793 or *tradeanalysis@fmc.gov* . *Agreement No.:* 010071-035. *Title:* Cruise Lines International Association Agreement. *Parties:* American Cruise Lines, Inc.; Azamara Cruises; Carnival Cruise Lines; Celebrity Cruises, Inc.; Costa Cruise Lines; Crystal Cruises; Cunard Line; Disney Cruise Line; Holland America Line; Hurtigruten, Inc.; Majestic America Line; MSC Cruises; NCL Corporation; Oceania Cruises; Orient Lines; Princess Cruises; Regent Seven Seas Cruises; Royal Caribbean International; Seabourn Cruise Line; SeaDream Yacht Club; Silversea Cruises, Ltd. and Windstar Cruises. *Filing Party:* Farhad R. Alavi, Esq.; Holland & Knight LLP; 2099 Pennsylvania Avenue, NW., Suite 100; Washington, DC 20006. *Synopsis:* The amendment would add AMA Waterways as parties to the agreement. *Agreement No.:* 010982-043. *Title:* Florida-Bahamas Shipowners and Operators Association. *Parties:* Atlantic Caribbean Line, Inc.; Bernuth Lines, Ltd.; Crowley Liner Services, Inc.; Pioneer Shipping Ltd.; Seaboard Marine, Ltd.; Seafreight Line, Ltd.; and Tropical Shipping and Construction Co., Ltd. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M Street, NW.; Suite 900; Washington, DC 20036. *Synopsis:* The amendment deletes Nina (Bermuda) Ltd. dba FTD Shipping Line as a party to the agreement. *Agreement No.:* 011953-004. *Title:* Florida Shipowners Group Agreement. *Parties:* The member lines of the Caribbean Shipowners Association and the Florida-Bahamas Shipowners and Operators Association. *Filing Party:* Wayne R. Rhode, Esq.; Sher & Blackwell, LLP; 1800 M Street, NW. Suite 900, Washington, DC 20036. *Synopsis:* The amendment deletes Nina (Bermuda) Ltd. dba FTD Shipping Line as a party to the agreement. *Agreement No.:* 201186. *Title:* Mobile Container Terminal Cooperative Working Agreement. *Parties:* APM Terminals North America, Inc.; CMA CGM, S.A.; Maersk, Inc. as agent to A.P. Moeller-Maersk; Mobile Container Terminal, LLC; and Terminal Link USA, LLC. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell, LLP; 1850 M Street, NW. Suite 900, Washington, DC 20036. *Synopsis:* The agreement would authorize APM and Terminal Link to form and operate a limited liability company, Mobile Container, to operate a new container terminal at the Port of Mobile. The agreement also provides that CMA/Terminal Link and APM will not compete with Mobile Container's operations at Mobile. *Agreement No.:* 201187. *Title:* Port of Seattle/Port of Tacoma Puget Sound Air Quality Discussion Agreement. *Parties:* Port of Seattle and Port of Tacoma. *Filing Party:* Thomas H. Tanaka, Esq.; Senior Port Counsel; Port of Seattle; PO Box 1209; Seattle, WA 98111. *Synopsis:* The Agreement would authorize the parties to discuss and reach agreement on measures addressing environmental issues arising from port operations. Dated: May 23, 2008. By Order of the Federal Maritime Commission. Karen V. Gregory, Assistant Secretary. [FR Doc. E8-12018 Filed 5-28-08; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Applicants Notice is hereby given that the following applicants have filed with the Federal Maritime Commission an application for license as a Non-Vessel Operating Common Carrier and Ocean Freight Forwarder—Ocean Transportation Intermediary pursuant to section 19 of the Shipping Act of 1984 as amended (46 U.S.C. Chapter 409 and 46 CFR part 515). Persons knowing of any reason why the following applicants should not receive a license are requested to contact the Office of Transportation Intermediaries, Federal Maritime Commission,Washington, DC 20573. Non-Vessel Operating Common Carrier Ocean Transportation Intermediary Applicants Cargois Inc., 2700 Coyle Ave., Elk Grove Village, IL 60007. Officer: Souck-Sin Lee, Treasurer (Qualifying Individual). Forward System Logistics Inc., 145-54 156th Street, Jamaica, NY 11434. Officers: Po Shan Wong, Vice President (Qualifying Individual), Carrie Law, President. Manila Cargo, 675 Hegenberger Road, Ste. 251, Oakland, CA 94623. Gerardo R. DeGuzman, Sole Proprietor. Scarbrough International Express Lines, Ltd. dba Six Lines, Ltd. dba Six Pack, 10841 Ambassador Drive, Kansas City, MO 64153. Officers: Roger L. Scarbrough, President (Qualifying Individual), Cynthia J. Scarbrough, Secretary. Mak International Shipping, LLC, 1500 North Main Street, Crown Point, IN 46307. Officers: Mitro Kutanovski, Owner (Qualifying Individual). Hongwu Logistics
(USA)Inc., 211 N. Huntington Ave., Ste. 18, Monterey Park, CA 91754. Officer: Guanying Liu, President (Qualifying Individual). Non-Vessel Operating Common Carrier and Ocean Freight Forwarder Transportation Intermediary Applicant TRB Group, Inc. dba Unishippers dba TRB Group Ocean Lines, 2012 E. Phelps, Suite A, Springfield, MO 65802. Officer: Terrell R. Barkett, President (Qualifying Individual). Global Trade Logistics, LLC, 1122 S. 900 E., Provo, UT 84606. Officers: Justin Boudreau, Member/Manager (Qualifying Individual), Darrell Jakins, Member. Fox Global Logistics Corporation, 5692 Conifer Drive, La Palma, CA 90823. Officers: Wen Sho Wang, Secretary (Qualifying Individual), Kenny Lee, President. Chronos International Cargo Corp., 6030 NW 99th Ave., Ste. 407, Doral, FL 33178. Officer: Paula L. Almeida, President (Qualifying Individual). Sealaska Global Logistics, LLC, 13810 SE Eastgate Way, Bellevue, WA 98005. Officers: Edward M. Davis, General Manager (Qualifying Individual), Jeffrey W. Zammit, President. Intergroup Consolidators, Inc., 8045 NW 68th Street, Miami, FL 33166. Officers: Aymee C. Garabito, Vice President (Qualifying Individual), Antonio J. Jaquez, President. PNGL
(USA)Inc., 17121 S. Central Ave., Unit 2K, Pacifica Industrial Park, Carson, CA 90746. Officer: Werner Staub, President (Qualifying Individual). Mohawk Customs & Shipping (Rochester) LLC dba Mohawk Global Logistics (ROC), 52 Marway Circle, Ste. 1, Rochester, NY 14624. Officer: Michael Bronowich, Vice President (Qualifying Individual). Motherlines, Inc., 11 Sunrise Plaza, Ste. 305, Valley Stream, NY 11580. Officer: Jin-Hwang Lee, Secretary (Qualifying Individual). Express Shipping Service International, LTD. dba Express International, 2250 B 59 Street, Brooklyn, NY 11204. Officers: Michael Aronov, President (Qualifying Individual), Michael Gorodetsky, Vice President. WTA USA Inc., 1510 Midway Court, Ste. E203, Elk Grove Village, IL 60007. Officers: Marcela Lundgren, Vice President (Qualifying Individual), Gerard W. Lawler, President. SDS Global Logistics, Inc., 52-09 31st Place, Long Island City, NY 11101. Officer: Stephen P. Nelson, Vice President (Qualifying Individual). Trident Logistics Inc., 3 University Plaza, Ste. 405, Hackensack, NJ 07601. Officer: Yongsuk A. Lim, President (Qualifying Individual). J & V International Shipping Corp., 806 Arcadia Ave., Ste. 4, Arcadia, CA 91007. Officer: Vivian Wei Liu, President (Qualifying Individual). Earthlink Cargo and Customs Service, 605 West 104th Place, Los Angeles, CA 90044. Officer: Jon Soh, CEO (Qualifying Individual). GMS Logistics, Inc., 20819 Currier Road, 2nd Floor, Ste. 400, City of Industry, CA 91789. Officers: Ying Liu, CEO (Qualifying Individual), Hungyu Tsuei, Secretary. M.E. Dey & Co., Inc., 5007 South Howell Ave., Ste. 300, Milwaukee, WI 53207. Officer: Randall Kupfer, Vice President (Qualifying Individual). SDV
(USA)Inc., 150-10 132nd Ave., Jamaica, NY 11430. Officer: Philippe A. Naudin, President (Qualifying Individual). Ocean Freight Forwarder—Ocean Transportation Intermediary Applicants MWT Logistics, LLC, 18861 SW Martinazzi Ave., Ste. 203A, Tualatin, OR 97062. Officers: Sheri L. Parshall, Vice President (Qualifying Individual), Troy M. Johnson, President. APM Global Logistics USA Inc., Giralda Farms, Madison Ave., P.O. Box 880, Madison, NJ 07940-0880. Officer: Jan K. Anderson, Vice President (Qualifying Individual). Maersk Logistics USA Inc., Giralda Farms, Madison Ave., P.O. Box 880, Madison, NJ 07940-0880. Officer: Nick Fafoutis, Sen. Dir. Area Sales Manager (Qualifying Individual). Eastern Freight Forwarders, Inc., 100 West Middle Road, Riviera Beach, FL 33404. Officer: Jack M. Bahl, President (Qualifying Individual). Dated: May 23, 2008. Karen V. Gregory, Assistant Secretary. [FR Doc. E8-12017 Filed 5-28-08; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than June 12, 2008. **A. Federal Reserve Bank of Dallas** (W. Arthur Tribble, Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272: *1. Carolyn V. Kothmann, Carl G. Kothmann, Benny F. Kothmann, Dora L. Wright, LaVerne C. Kothmann* , all of Menard, Texas, Stanley C. Kothmann, Southlake, Texas, and Kaddo F. Kothmann, Garden City, Texas, to acquire voting shares of Menard Bancshares, Inc., and thereby indirectly acquire voting shares of Menard National Bank, both of Menard, Texas. Board of Governors of the Federal Reserve System, May 23, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-11951 Filed 5-28-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than June 23, 2008. **A. Federal Reserve Bank of Atlanta** (Steve Foley, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309: *1. Caja de Ahorros y Monte de Piedad de Madrid, and Caja Madrid Cibeles S.A.* , both of Madrid, Spain, and CM Florida Holdings, Inc., Coral Gables, Florida, to become bank holding companies by acquiring 83 percent of the voting shares of City National Bancshares, Inc., and thereby acquire City National Bank of Florida, both of Miami, Florida. Board of Governors of the Federal Reserve System, May 23, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-11950 Filed 5-28-08; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Subcommittee for Dose Reconstruction Reviews (SDRR), Advisory Board on Radiation and Worker Health (ABRWH), National Institute for Occupational Safety and Health (NIOSH) In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention, announces the following meeting for the aforementioned subcommittee: *Time and Date:* 9 a.m.-5 p.m., June 10, 2008. *Place:* Cincinnati Airport Marriott, 2395 Progress Drive, Hebron, Kentucky 41018. Telephone
(859)334-4611, Fax
(859)334-4619. *Status:* Open to the public, but without a public comment period. To access by conference call dial the following information 1
(866)659-0537, Participant Pass Code 9933701. In the event an individual cannot attend, written comments may be submitted. Any written comments received will be provided at the meeting and should be submitted to the contact person below well in advance of the meeting. *Background:* The Advisory Board was established under the Energy Employees Occupational Illness Compensation Program Act of 2000 to advise the President on a variety of policy and technical functions required to implement and effectively manage the new compensation program. Key functions of the Advisory Board include providing advice on the development of probability of causation guidelines that have been promulgated by the Department of Health and Human Services
(HHS)as a final rule; advice on methods of dose reconstruction which have also been promulgated by HHS as a final rule; advice on the scientific validity and quality of dose estimation and reconstruction efforts being performed for purposes of the compensation program; and advice on petitions to add classes of workers to the Special Exposure Cohort (SEC). In December 2000, the President delegated responsibility for funding, staffing, and operating the Advisory Board to HHS, which subsequently delegated this authority to CDC. NIOSH implements this responsibility for CDC. The charter was issued on August 3, 2001, renewed at appropriate intervals, and will expire on August 3, 2009. *Purpose:* The Advisory Board is charged with
(a)Providing advice to the Secretary, HHS, on the development of guidelines under Executive Order 13179;
(b)providing advice to the Secretary, HHS, on the scientific validity and quality of dose reconstruction efforts performed for this program; and
(c)upon request by the Secretary, HHS, advise the Secretary on whether there is a class of employees at any Department of Energy facility who were exposed to radiation but for whom it is not feasible to estimate their radiation dose, and on whether there is reasonable likelihood that such radiation doses may have endangered the health of members of this class. The Subcommittee for Dose Reconstruction Reviews was established to aid the Advisory Board in carrying out its duty to advise the Secretary, HHS, on dose reconstruction. *Matters To Be Discussed:* The agenda for the Subcommittee meeting includes the discussion of cases under review on the 6th, 7th, and 8th sets of individual dose reconstruction; selection of cases for future review; and discussion of the summary report on the first 100 cases. The agenda is subject to change as priorities dictate. ABRWH determines that agency business requires its consideration of this matter on less than 15 days notice to the public and that no earlier notice of this meeting was possible. *Contact Person for More Information:* Christine Branche, Ph.D., Executive Secretary, NIOSH, CDC, 395 E. Street, SW., Suite 9200, Washington, DC 20201, Telephone (513)533-6800, Toll Free 1(800)35-NIOSH, E-mail *ocas@cdc.gov.* The Director, Management Analysis and Services Office, has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry. Dated: May 20, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-11941 Filed 5-28-08; 8:45 am] BILLING CODE 4163-19-P DEPARTMENT OF HEALTH AND HUMAN SERVICES
(HHS)Centers for Medicare & Medicaid Services Notice of Hearing: Reconsideration of Disapproval of Texas State Plan Amendment
(SPA)07-020 AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice of Hearing. SUMMARY: This notice announces an administrative hearing to be held on July 8, 2008, at the CMS Dallas Regional Office, 1301 Young Street, Suite 833, Room 1196, Dallas, Texas 75202, to reconsider CMS' decision to disapprove Texas SPA 07-020. *Closing Date:* Requests to participate in the hearing as a party must be received by the presiding officer by June 13, 2008. FOR FURTHER INFORMATION CONTACT: Benjamin Cohen, Presiding Officer, CMS, 2520 Lord Baltimore Drive, Suite L, Baltimore, Maryland 21244, Telephone:
(410)786-3169. SUPPLEMENTARY INFORMATION: This notice announces an administrative hearing to reconsider CMS' decision to disapprove Texas SPA 07-020 which was submitted on July 20, 2007, and disapproved on February 22, 2008. Under this SPA, the State would guarantee that, at the request of a hospital impacted as a result of a federally declared natural disaster, disproportionate share hospital
(DSH)payments to that hospital would remain level from the prior year. In addition, the SPA would amend the conversion factors that expire August 31, 2007, and would update cost reporting citations that have changed due to a format change in the CMS Hospital and Hospital Health Care Complex Cost Report. The amendment was disapproved because it does not comply with the requirements of section 1902(a)(13)(A) of the Social Security Act (the Act) together with the hospital specific limits under 1923(g)(1) of the Act. The hearing will involve the following issues: • Compliance with section 1923(g) of the Act. Whether the proposed State plan language concerning DSH payments assures compliance with hospital specific payment limits for current year DSH payments, and sufficient documentation of such compliance; • Applicability of section 1923(e)(2) of the Act providing an exception to the section 1923(g) limits. Whether section 1923(e)(2) provides an exception to section 1923(g), and, if so, whether the State meets the criteria for such an exception; and • Clarification of the status of State plan amendment components that address changes to conversion factors and updates to cost reporting citations based on changes to the CMS Hospital Cost Report. If the State does not prevail on the first two issues, whether the State is asking the hearing officer to withdraw affected components of the State plan amendment and remand remaining components for a determination of whether approval is warranted. Section 1116 of the Act and Federal regulations at 42 CFR Part 430, establish Department procedures that provide an administrative hearing for reconsideration of a disapproval of a State plan or plan amendment. CMS is required to publish a copy of the notice to a State Medicaid agency that informs the agency of the time and place of the hearing, and the issues to be considered. If we subsequently notify the agency of additional issues that will be considered at the hearing, we will also publish that notice. Any individual or group that wants to participate in the hearing as a party must petition the presiding officer within 15 days after publication of this notice, in accordance with the requirements contained at 42 CFR 430.76(b)(2). Any interested person or organization that wants to participate as *amicus curiae* must petition the presiding officer before the hearing begins in accordance with the requirements contained at 42 CFR 430.76(c). If the hearing is later rescheduled, the presiding officer will notify all participants. The notice to Texas announcing an administrative hearing to reconsider the disapproval of its SPA reads as follows: Mr. Chris Traylor, State Medicaid Director, Texas Health and Human Services Commission, P.O. Box 13247, Austin, TX 78711. Dear Mr. Traylor: I am responding to your request for reconsideration of the decision to disapprove the Texas State plan amendment
(SPA)07-020, which was submitted on July 20, 2007, and disapproved on February 22, 2008. Under this SPA, the State would guarantee that, at the request of a hospital impacted as a result of a federally declared natural disaster, disproportionate share hospital
(DSH)payments to that hospital would remain level from the prior year. In addition, the SPA would amend the conversion factors that expire August 31, 2007, and would update cost reporting citations that have changed due to a format change in the Centers for Medicare & Medicaid Services'
(CMS)Hospital and Hospital Health Care Complex Cost Report. The amendment was disapproved because it does not comply with the requirements of section 1902(a)(13)(A) of the Social Security Act (the Act) together with the hospital specific limits under 1923(g)(1) of the Act. The hearing will involve the following issues: • Compliance with section 1923(g) of the Act. Whether the proposed State plan language concerning DSH payments assures compliance with hospital specific payment limits for current year DSH payments, and sufficient documentation of such compliance; • Applicability of section 1923(e)(2) of the Act providing an exception to the section 1923(g) limits. Whether section 1923(e)(2) provides an exception to section 1923(g) and, if so, whether the State meets the criteria for such an exception; and • Clarification of the status of SPA components that address changes to conversion factors and updates to cost reporting citations based on changes to the CMS Hospital and Hospital Health Care Complex Cost Report. If the State does not prevail on the first two issues, whether the State is asking the hearing officer to withdraw affected components of the SPA and remand remaining components for a determination of whether approval is warranted. I am scheduling a hearing on your request for reconsideration to be held on July 8, 2008, at the CMS Dallas Regional Office, 1301 Young Street, Suite 833, Room 1196, Dallas, Texas 75202, in order to reconsider the decision to disapprove SPA 07-020. If this date is not acceptable, we would be glad to set another date that is mutually agreeable to the parties. The hearing will be governed by the procedures prescribed by Federal regulations at 42 CFR Part 430. I am designating Mr. Benjamin Cohen as the presiding officer. If these arrangements present any problems, please contact the presiding officer at
(410)786-3169. In order to facilitate any communication which may be necessary between the parties to the hearing, please notify the presiding officer to indicate acceptability of the hearing date that has been scheduled and provide names of the individuals who will represent the State at the hearing. Sincerely, Kerry Weems, *Acting Administrator.* Section 1116 of the Social Security Act (42 U.S.C. 1316; 42 CFR 430.18). (Catalog of Federal Domestic Assistance program No. 13.714, Medicaid Assistance Program.) Dated: May 20, 2008. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E8-12022 Filed 5-28-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services Privacy Act of 1974; Report of a Modified or Altered System of Records AGENCY: Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS). ACTION: Notice of a modified or altered system of records. SUMMARY: The Privacy Act of 1974 and section 1106 of the Social Security Act (the Act) explain when and how CMS may use and disclose the personal data of people with Medicare. The Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(MMA)(Pub. L. 108-173) added requirements for releasing and using personal data. To meet these additional requirements, CMS proposes to modify the existing system of records
(SOR)titled “Medicare Drug Data Processing System (DDPS),” System No. 09-70-0553, established at 70 FR 58436 (October 6, 2005). Under this modification we are clarifying the statutory authorities for which these data are collected and disclosed. The original SOR notice cited the statutory section governing CMS's payment of Part D plan sponsors (Social Security Act § 1860D-15) that limits the uses of the data collected to purposes related to plan payment and oversight of plan payment. However, the broad authority of § 1860D-12(b)(3)(D) authorizes CMS to collect, use and disclose Part D data for broader purposes related to CMS's responsibilities for program administration and research. Furthermore the authority under § 1106 of the Act allows the Secretary to use and disclose data pursuant to a regulation, which in this case would be 42 CFR 423.505. CMS has published a final rule in order to clarify our statutory authority and explain how we propose to implement the broad authority of § 1860D-12(b)(3)(D) and 1106 of the Act. This SOR is being revised to reflect our intended use of this broader statutory authority. In addition to updating this SOR to reflect our broader statutory authority, CMS proposes to make the following modifications to the DDPS system: • Revise published routine use number 1 to include CMS grantees that perform a task for the agency. • Add a new routine use number 2 to allow the use and disclosure of information to other Federal and state agencies for accurate payment of Medicare benefits; to fulfill a requirement or allowance of a Federal statute or regulation that implements a health benefits program funded in whole or in part with Federal funds; and to help Federal/state Medicaid programs that may need information from this system. • Broaden the scope of routine use number 4 to allow the use and disclosure of specified data as described in CMS's Part D data final rule, 42 CFR 423.505(m) to other government agencies, States or external organizations, in accordance with the minimum data necessary policy and Federal law. • Delete published routine use number 5 which authorizes disclosure to support constituent requests made to a congressional representative. • Broaden the scope of routine use number 7 and 8, to include combating “waste,” in addition to fraud and abuse that result in unnecessary cost to federally-funded health benefit programs. • Revise language regarding routine uses disclosures to explain the purpose of the routine use and make clear CMS's intention to use and disclose personal information contained in this system. • Reorder and prioritize the routine uses. • Update any sections of the system affected by the reorganization or revision of routine uses because of MMA provisions or regulations promulgated based on MMA provisions. • Update language in the administrative sections to be consistent with language used in other CMS SORs. The primary purpose of this system is to collect, maintain, and process information on all Medicare covered, and as many non-covered drug events as possible, for people with Medicare who have enrolled into a Medicare Part D plan. The system helps CMS determine appropriate payment of covered drugs. It will also provide for processing, storing, and maintaining drug transaction data in a large-scale database, while putting data into data marts to support payment analysis. CMS would allow the expanded use and disclosure of information in this system to:
(1)Support regulatory, analysis, oversight, reimbursement, operational, and policy functions performed within the agency or by a contractor, consultant, or a CMS grantee;
(2)support another Federal and/or state agency, agency of a state government, an agency established by state law, or its fiscal agent;
(3)assist Medicare Part D sponsors;
(4)support an individual or organization with projects that provide transparency in health care on a broad-scale enabling consumers to compare the quality and price of health care services for a research, evaluation, or epidemiological or other project related to protecting the public's health, the prevention of disease or disability, the restoration or maintenance of health, or for payment related purposes;
(5)assist Quality Improvement Organizations;
(6)support lawsuits involving the agency; and
(7)combat fraud, waste, and abuse in certain Federally funded health benefits programs. DATES: *Effective Dates:* CMS filed a modified or altered system report with the Chair of the House Committee on Government Reform and Oversight, the Chair of the Senate Committee on Homeland Security & Governmental Affairs, and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget
(OMB)on May 22, 2008. To ensure that all parties have adequate time in which to comment, the modified system, including routine uses, will become effective 30 days from the publication of the notice, or 40 days from the date it was submitted to OMB and Congress, whichever is later, unless CMS receives comments that require alterations to this notice. ADDRESSES: The public should send comments to: CMS Privacy Officer, Division of Privacy Compliance, Enterprise Architecture and Strategy Group, Office of Information Services, CMS, Mail stop N2-04-27, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Comments received will be available for review at this location, by appointment, during regular business hours, Monday through Friday from 9 a.m.-3 p.m., Eastern Time zone. FOR FURTHER INFORMATION CONTACT: Alissa Deboy, Director, Division of Drug Plan Policy & Analysis, Medicare Drug Benefit Group, Centers for Beneficiary Choices, CMS, Room C1-26-26, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. The telephone number is 410-786-6041 or e-mail at *Alissa.Deboy@cms.hhs.gov.* SUPPLEMENTARY INFORMATION: In December 2003, Congress added Part D under Title XVIII when it passed the Medicare Prescription Drug, Improvement, and Modernization Act. The Act allows Medicare to pay plans to provide Part D prescription drug coverage as described in Title 42, Code of Federal Regulations
(CFR)§ 423.301. The Act allows Medicare to pay Part D sponsors in one of four ways: 1. Direct subsidies; 2. Premium and cost-sharing subsidies for qualifying low-income individuals (low-income subsidy); 3. Federal reinsurance subsidies; and 4. Risk-sharing. Throughout this notice, the term “sponsor” means all entities that provide Part D prescription drug coverage and submit claims data to CMS for payment calculations. As a condition of payment, all Part D sponsors must submit data and information necessary for CMS to carry out payment provisions (§ 1860D-15(c)(1)(C) and (d)(2) of the Act, and 42 CFR 423.322). In addition, these data may be disclosed to other entities, pursuant to § 1860D-12(b)(3)(D) and 42 CFR 423.505(b)(8) and (f), (l), and (m)) for the purposes described in the routine uses described in this SOR notice. Furthermore, this data may be disclosed pursuant to § 1106 of the Act. This notice explains how CMS would collect data elements on Part D prescription drug events (PDE data, also called “claims” data) according to the statute. Data elements such as beneficiary, plan, pharmacy and prescriber identifiers would be used to validate claims and meet other legislative requirements or initiatives such as quality monitoring, program integrity, and payment oversight. In addition, the original 37 data elements submitted as part of the prescription drug event data would be used for other purposes as allowed by § 1860D-12 and its implementing regulations. In addition, summary prescription drug claim information based on the original 37 elements maintained in this system will be used to
(1)generate reports to Congress and the public on overall statistics associated with the operation of the Medicare prescription drug program;
(2)conduct evaluations of the overall Medicare program;
(3)make legislative proposals to the Congress regarding Federal health care programs;
(4)conduct demonstration and pilot projects and make recommendations for improving the economy, efficiency or effectiveness of the Medicare program;
(5)support care coordination and disease management programs;
(6)support quality improvement, performance measurement, and public reporting activities;
(7)populate personal health care records; and
(8)as otherwise permitted under 42 CFR 423.505. In addition to the individually identifiable information identified in section I. B. (Data in the System) below, we will maintain the following data elements, which may be used under the authority of sections 1860D-12 and D-15 as noted above: Identification of pharmacy where the prescription was filled; indication of whether drug was compounded or mixed; indication of prescriber instruction regarding substitution of generic equivalents or order to “dispense as written;” quantity dispensed (for example, number of tablets, grams, milliliters, or other unit); days supply; fill number; dispensing status and whether the full quantity is dispensed at one time, or the quantity is partially filled; identification of coverage status, such as whether the product dispensed is covered under the plan benefit package or under Part D or both. This code also identifies whether the drug is being covered as part of a Part D supplemental benefit; indication of whether unique pricing rules apply, for example because of an out-of-network or Medicare as Secondary Payer services; indication of whether the beneficiary has reached the annual out-of-pocket threshold, which triggers reduced beneficiary cost-sharing and the reinsurance subsidy; ingredient cost of the product dispensed; dispensing fee paid to pharmacy; sales tax; for covered Part D drugs, the amount of gross drug costs that are both below and above the annual out-of-pocket threshold; amount paid by patient and not reimbursed by a third party (such as co-payments, coinsurance, or deductibles); amount of third party payment that would count toward a beneficiary's true out-of-pocket (TrOOP) costs in meeting the annual out-of-pocket threshold, such as payments on behalf of a beneficiary by a qualifying State Pharmacy Assistance Program (SPAP); low-income cost-sharing subsidy amount (if any); and reduction in patient liability due to non-TrOOP-eligible payers paying on behalf of the beneficiary (which would exclude payers whose payments count toward a beneficiary's true out of pocket costs, such as SPAPs amounts paid by the plan for basic prescription drug coverage and amounts paid by plan for benefits beyond basic prescription drug coverage). I. Description of the Modified System of Records A. Statutory and Regulatory Basis for System This system is mandated and authorized under provisions of the Medicare Prescription Drug, Improvement, and Modernization Act, amending the Social Security Act by adding Part D under Title XVIII (§§ 1860D-15(c)(1)(C) and (d)(2), as described in Title 42, Code of Federal Regulations
(CFR)423.301 *et.seq.* as well as1860D-12(b)(3)(D) and 1106 of the Act, as described in 42 CFR 423.505(b)(8) and (f),(l), and (m). B. Data in the System This system collects and maintains individually identifiable information on Medicare beneficiaries who have enrolled in a Medicare Part D plan and individually identifiable data on prescribing health care professionals and referring/servicing pharmacies. The data includes, but is not limited to, summary prescription drug claim data and individually identifiable beneficiary information such as: health insurance claim number, card holder identification number, date of service, gender, other identifying data, and optionally, the patient's date of birth. Identifying information of prescribing health care providers include the prescriber identification number and qualifier and the pharmacy service provider ID and qualifier. II. Agency Policies, Procedures, and Restrictions on Routine Uses A. Below are CMS' policies and procedures for giving out individually identifiable information maintained in the system. CMS would only use and disclose the minimum data necessary to achieve the purpose of the DDPS if the following requirements are met: 1. The information or use of the information is consistent with the reason that the data is being collected; 2. The individually identifiable information is necessary to complete the project (taking into account the risk to the privacy of the individual); 3. The organization receiving the information establishes administrative, technical, and physical protections to prevent unauthorized use of the information; 4. The organization removes or destroys the information that allows the individual to be identified at the earliest time; 5. The organization generally agrees to not use or disclose the information for any purpose other than the stated purpose under which the information was disclosed; and 6. The data are valid and reliable. The Privacy Act allows CMS to give out identifiable and non-identifiable information for routine uses without an individual's consent/authorization. The identifiable data described in this notice is listed under Section I. B. above. III. Routine Uses of Data A. In addition to those entities specified in the Privacy Act of 1974, CMS may use and disclose information from the DDPS without the consent of the individual for routine uses pursuant to sections 1860D-15 and 1860D-12(b)(3)(D) of the Social Security Act . Below are the modified routine uses for releasing information without individual consent that CMS would add or modify in the DDPS. 1. To support Agency contractors, consultants, or CMS grantees who have been engaged by the Agency to assist in accomplishment of a CMS function relating to the purposes for this SOR and who need to have access to the records in order to assist CMS. We contemplate disclosing information under this routine use only in situations in which CMS may enter into a contractual or similar agreement with a third party to assist in accomplishing a CMS function relating to purposes for this SOR. CMS occasionally contracts out or makes other arrangements for certain functions when doing so would contribute to effective and efficient operations. CMS must be able to give a contractor, consultant, or CMS grantee whatever information is necessary for the contractor, consultant, or grantee to fulfill its duties. In these situations, safeguards are provided in the contract/similar agreement prohibiting the contractor, consultant, or grantee from using or disclosing the information for any purpose other than that described in the contract/similar agreement and requires the contractor, consultant, or grantee to destroy all information at the completion of the contract or similar agreement. 2. To assist another Federal or state agency, agency of a state government, an agency established by state law, or its fiscal agent to: a. Contribute to the accuracy of CMS' payment of Medicare benefits, b. Administer a Federal health benefits program or fulfill a Federal statute or regulatory requirement or allowance that implements a health benefits program funded in whole or in part with Federal funds, c. Access data required for Federal/state Medicaid programs, or Other Federal or state agencies in their administration of a Federal health program may require DDPS information in order to support evaluations and monitoring of Medicare claims information of beneficiaries, including proper reimbursement for services provided. In addition, disclosure under this routine use may be used by state agencies pursuant to agreements with the HHS for determining Medicare or Medicaid eligibility, for determining eligibility of recipients of assistance under titles IV, XVIII, and XIX of the Act, and for the administration and operation of the Medicare and Medicaid programs including quality improvement and care coordination. Data will be disclosed to the state only on those individuals who are or were patients under the services of a program within the state or who are residents of that state. 3. To support Part D Sponsors, pharmacy benefit managers, claims processors, and other Prescription Drug Event submitters, in protecting their own members (and former members for the periods enrolled in a given plan) against medical expenses of their enrollees without the beneficiary's authorization, and having knowledge of the occurrence of any event affecting
(a)an individual's right to any such benefit or payment, or
(b)the initial right to any such benefit or payment, for the purpose of coordination of benefits with the Medicare program and implementation of the Medicare Secondary Payer provision at 42 U.S.C. 1395y (b). Information to be disclosed shall be limited to Medicare utilization data necessary to perform that specific function. In order to receive the information, they must agree to: a. Certify that the individual about whom the information is being provided is one of its insured or employees, or is insured and/or employed by another entity for whom they serve as a Third Party Administrator; b. Utilize the information solely for the purpose of processing the individual's insurance claims; and c. Safeguard the confidentiality of the data and prevent unauthorized access. Other insurers may need data in order to support evaluations and monitoring of Medicare claims information, including proper reimbursement for services. 4. To assist an individual or organization with research, an evaluation, or an epidemiological or other project related to protecting the public's health, the prevention of disease or disability, restoration or maintenance of health, or for payment related purposes. This includes projects that provide transparency in health care on a broad-scale enabling consumers to compare the quality and price of health care services. CMS must: a. Determine if the use or disclosure of data violate legal limitations under which the record was provided, collected, or obtained; b. Determine that the purpose for the use or disclosure of information:
(1)Cannot be reasonably accomplished unless the record is provided in individually identifiable form,
(2)Is of sufficient importance to warrant the effect or risk on the privacy of the individual, and
(3)Meets the objectives of the project; c. Requires the recipient of the information to:
(1)Establish reasonable administrative, technical, and physical protections to prevent unauthorized use or disclosure of information,
(2)Remove or destroy the information that allows the individual to be identified at the earliest time at which removal or destruction can be accomplished consistent with the purpose of the project, unless the recipient presents an adequate justification for retaining such information, and
(3)No longer use or disclose information except:
(a)In emergency circumstances affecting the health or safety of any individual;
(b)For use in another research project, under these same conditions and with written CMS approval;
(c)For an audit related to the research;
(d)For disclosure to a properly identified person for the purpose of an audit related to the research project, if information that would enable research subjects to be identified is removed or destroyed at the earliest opportunity consistent with the purpose of the audit; or
(e)When required by Federal law. d. Get signed, written statements from the entity receiving the information that they understand and will follow all provisions in this notice. e. Complete and submit a Data Use Agreement (CMS Form 0235) in accordance with current CMS policies. CMS anticipates that there will be many legitimate requests to use these data in projects that could ultimately improve the care provided to Medicare beneficiaries and the policy that governs the care. 5. To support Quality Improvement Organizations
(QIO)in the claims review process, or with studies or other review activities performed in accordance with Part B of Title XI of the Act. QIOs can also use the data for outreach activities to establish and maintain entitlement to Medicare benefits or health insurance plans. QIOs will work to implement quality improvement and performance measurement programs, provide consultation to CMS, its contractors, and to state agencies. QIOs will assist the state agencies in related monitoring and enforcement efforts, assist CMS and intermediaries in program integrity assessment, and prepare summary information for disclosure to CMS. 6. To assist the Department of Justice (DOJ), court, or adjudicatory body when there is a lawsuit in which the Agency, any employee of the Agency in his or her official capacity or individual capacity (if the DOJ agrees to represent the employee), or the United States Government is a party or CMS' policies or operations could be affected by the outcome. The information must be both relevant and necessary to the lawsuit, and the use of the records is for a purpose that is compatible with the purpose for which CMS collected the records. Whenever CMS is involved in litigation, or occasionally when another party is involved in litigation and CMS' policies or operations could be affected by the outcome of the litigation, CMS would be able to disclose information to the DOJ, court, or adjudicatory body involved. 7. To support a CMS contractor that assists in the administration of a CMS health benefits program or a grantee of a CMS-administered grant program if the information is necessary, in any capacity, to combat fraud, waste, or abuse in such program. CMS will only provide this information if CMS can enter into a contract or grant for this purpose. CMS must be able to give a contractor or CMS grantee necessary information in order to complete their contractual responsibilities. In these situations, protections are provided in the contract prohibiting the contractor or grantee from using or releasing the information for any purpose other than that described in the contract. It also requires the contractor or grantee to return or destroy all information when the contract ends. 8. To support another Federal agency or any United States government jurisdiction (including any state or local governmental agency) if the information is necessary, in any capacity, to combat fraud, waste, or abuse in a health benefits program that is funded in whole or in part by Federal funds. Other agencies may require DDPS information for the purpose of combating fraud, waste, or abuse in such federally-funded programs. B. Additional Circumstances Affecting Routine Use Disclosures To the extent this system contains Protected Health Information
(PHI)as defined by HHS regulation “Standards for Privacy of Individually Identifiable Health Information” (45 CFR Parts 160 and 164, Subparts A and E) 65 FR 82462 (December 28, 2000), use and disclosure of information that are otherwise allowed by these routine uses may only be made if, and as, permitted or required by the “Standards for Privacy of Individually Identifiable Health Information.” (See 45 CFR 164.512(a)(1).) In addition, CMS will not give out information that is not directly identifiable if there is a possibility that a person with Medicare could be identified because the sample is small enough to identify participants. CMS would make exceptions if the information is needed for one of the routine uses or if it's required by law. IV. Safeguards and Protections CMS has protections in place for authorized users to make sure they are properly using the data and there is no unauthorized use. Personnel having access to the system have been trained in the Privacy Act and information security requirements. Employees who maintain records in this system cannot use or disclose data until the recipient agrees to implement appropriate management, operational and technical safeguards that will protect the confidentiality, integrity, and availability of the information and information systems. This system would follow all applicable Federal laws and regulations, and Federal, HHS, and CMS security and data privacy policies and standards. These laws and regulations include but are not limited to: the Privacy Act of 1974; the Federal Information Security Management Act of 2002 (when applicable); the Computer Fraud and Abuse Act of 1986; the Health Insurance Portability and Accountability Act of 1996; the E-Government Act of 2002, the Clinger-Cohen Act of 1996; the Medicare Modernization Act of 2003, and the corresponding implementing regulations. OMB Circular A-130, Management of Federal Resources, Appendix III, Security of Federal Automated Information Resources also applies. Federal, HHS, and CMS policies and standards include but are not limited to all pertinent National Institute of Standards and Technology publications, the HHS Information Systems Program Handbook, and the CMS Information Security Handbook. V. Effects on Individual Rights CMS does not anticipate a negative effect on individual privacy as a result of giving out personal information from this system. CMS established this system in accordance with the principles and requirements of the Privacy Act and would collect, use, and disclose information that follow these requirements. CMS would only give out the minimum amount of personal data to achieve the purpose of the system. Use and disclosure of information from the system will be approved only to the extent necessary to accomplish the purpose of releasing the data. CMS has assigned a higher level of security clearance for the information maintained in this system in an effort to provide added security and protection of individuals' personal information and, if feasible, ask that once the information is no longer needed that it be returned or destroyed. CMS would take precautionary measures to minimize the risks of unauthorized access to the records and the potential harm to individual privacy, or other personal or property rights. CMS would collect only information necessary to perform the system's functions. In addition, CMS would only give out information if the individual, or his or her legal representative has given approval, or if allowed by one of the exceptions noted in the Privacy Act. Dated: May 22, 2008. Charlene Frizzera, Chief Operating Officer, Centers for Medicare & Medicaid Services. SYSTEM NO. 09-70-0553. SYSTEM NAME: Medicare Drug Data Processing System (DDPS), HHS/CMS/CBC. SECURITY CLASSIFICATION: Level Three Privacy Act Sensitive. SYSTEM LOCATION: CMS Data Center, 7500 Security Boulevard, North Building, First Floor, Baltimore, Maryland 21244-1850 and at various contractor sites. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: This system collects and maintains individually identifiable information on all people with Medicare who have enrolled into a Medicare Part D plan and individually identifiable data on prescribing health care professional, referring/servicing physician, and providers. CATEGORIES OF RECORDS IN THE SYSTEM: The data includes, but is not limited to, summary prescription drug claim data and individually identifiable beneficiary information such as: Beneficiary name, address, city, state, ZIP code, card holder identification number, date of service, gender, demographic, other identifying data, and optionally, the patient's date of birth. Identifying information of prescribing health care professional and providers of services and referring/servicing physician include provider/physician name, title, address, city, state, ZIP code, e-mail address, telephone numbers, fax number, state licensure number, Social Security Numbers, Federal tax identification numbers, prescriber identification number, assigned provider number (facility, referring/servicing physician), Drug Enforcement Agency
(DEA)assigned identification number, and numerous other data elements related to the processing of the prescription drug claim. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: This system is mandated under provisions of the Medicare Prescription Drug, Improvement, and Modernization Act, amending the Social Security Act by adding Part D under Title XVIII (§§ 1860D-15(c)(1)(C) and (d)(2)), as described in Title 42, Code of Federal Regulations
(CFR)423.301 *et seq.* as well as1860D-12(b)(3)(D) and 1106 of the Act, as described in 42 CFR 423.505(b)(8), (f), (l), and (m). PURPOSE(S) OF THE SYSTEM: The primary purpose of this system is to collect, maintain, and process information on all Medicare covered, and as many non-covered drug events as possible, for people with Medicare who have enrolled into a Medicare Part D plan. The system will help CMS determine appropriate payment of covered drugs. It will also provide for processing, storing, and maintaining drug transaction data in a large-scale database, while putting data into data marts to support payment analysis. CMS would allow the expanded release of information in this system to:
(1)Support regulatory, analysis, oversight, reimbursement, operational and policy functions performed within the agency or by a contractor, consultant, or a CMS grantee;
(2)help another Federal and/or state agency, agency of a state government, an agency established by state law, or its fiscal agent;
(3)assist Medicare Part D sponsors;
(4)support an individual or organization with projects that provide transparency in health care on a broad-scale enabling consumers to compare the quality and price of health care services or for a research, evaluation, or epidemiological or other project related to protecting the public's health, the prevention of disease or disability, the restoration or maintenance of health, or for payment related purposes;
(5)assist Quality Improvement Organizations;
(6)support lawsuits involving the agency; and
(7)combat fraud, waste, and abuse in certain Federally funded health benefits programs. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OR USERS AND THE PURPOSES OF SUCH USES: A. Entities Who May Receive Disclosures Under Routine Use: These routine uses specify circumstances, in addition to those provided by statute in the Privacy Act of 1974, under which CMS may use and disclose information from the DDPS without the consent of the individual to whom such information pertains. Each proposed disclosure of information under these routine uses will be evaluated to ensure that the disclosure is legally permissible, including but not limited to ensuring that the purpose of the disclosure is compatible with the purpose for which the information was collected. We propose to establish or modify the following routine use disclosures of information maintained in the system: 1. To support Agency contractors, consultants, or CMS grantees who have been engaged by the Agency to assist in accomplishment of a CMS function relating to the purposes for this SOR and who need to have access to the records in order to assist CMS. 2. To assist another Federal or state agency, agency of a state government, an agency established by state law, or its fiscal agent pursuant to agreements with CMS to: a. Contribute to the accuracy of CMS's payment of Medicare benefits; b. Administer a Federal health benefits program, or as necessary to enable such agency to fulfill a requirement of a Federal statute or regulation that implements a health benefits program funded in whole or in part with Federal funds; and/or c. Access data required for Federal/state Medicaid programs. 3. To support Part D Prescription Drug sponsors, pharmacy benefit managers, claims processors, and other Prescription Drug Event submitters, in protecting their own members (and former members for the periods enrolled in a given plan) against medical expenses of their enrollees without the beneficiary's authorization, and having knowledge of the occurrence of any event affecting
(a)an individual's right to any such benefit or payment, or
(b)the initial right to any such benefit or payment, for the purpose of coordination of benefits with the Medicare program and implementation of the Medicare Secondary Payer provision at 42 U.S.C. 1395y(b). Information to be disclosed shall be limited to Medicare utilization data necessary to perform that specific function. In order to receive the information, they must agree to: a. Certify that the individual about whom the information is being provided is one of its insured or employees, or is insured and/or employed by another entity for whom they serve as a Third Party Administrator; b. Utilize the information solely for the purpose of processing the individual's insurance claims; and c. Safeguard the confidentiality of the data and prevent unauthorized access. 4. To assist an individual or organization with research, an evaluation, or an epidemiological or other project related to protecting the public's health, the prevention of disease or disability, restoration or maintenance of health, or for payment related purposes. This includes projects that provide transparency in health care on a broad-scale enabling consumers to compare the quality and price of health care services. CMS must: a. Determine if the use or disclosure of data violate legal limitations under which the record was provided, collected, or obtained; b. Determine that the purpose for the use or disclosure of information:
(1)Cannot be reasonably accomplished unless the record is provided in individually identifiable form;
(2)Is of sufficient importance to warrant the effect or risk on the privacy of the individual; and
(3)Meets the objectives of the project; c. Requires the recipient of the information to:
(1)Establish reasonable administrative, technical, and physical protections to prevent unauthorized use or disclosure of information;
(2)Remove or destroy the information that allows the individual to be identified at the earliest time at which removal or destruction can be accomplished consistent with the purpose of the project, unless the recipient presents an adequate justification for retaining such information; and
(3)No longer use or disclose information except:
(a)In emergency circumstances affecting the health or safety of any individual;
(b)For use in another research project, under these same conditions and with written CMS approval;
(c)For an audit related to the research;
(d)For disclosure to a properly identified person for the purpose of an audit related to the research project, if information that would enable research subjects to be identified is removed or destroyed at the earliest opportunity consistent with the purpose of the audit; or
(e)When required by Federal law. d. Get signed, written statements from the entity receiving the information that they understand and will follow all provisions in this notice. e. Complete and submit a Data Use Agreement (CMS Form 0235) in accordance with current CMS policies. 5. To support Quality Improvement Organization
(QIO)with claims review process or with studies or other review activities performed in accordance with Part B of Title XI of the Social Security Act. QIOs can also use the data for outreach activities to individuals for the purpose of establishing and maintaining their entitlement to Medicare benefits or health insurance plans. 6. To assist the Department of Justice (DOJ), court, or adjudicatory body when there is a lawsuit in which the Agency, any employee of the Agency in his or her official capacity or individuals capacity (if the DOJ agrees to represent the employee), or the United States Government is a part of CMS' policies or operations could be affected by the outcome. The information must be both relevant and necessary to the lawsuit, and the use of records is for a purpose that is compatible with the purpose for which CMS collected records. 7. To support a CMS contractor that assists in the administration of a CMS health benefits program, or a grantee of a CMS-administered grant program, if the information is necessary, in any capacity, to combat fraud, waste, or abuse in such program. CMS will only provide this information if CMS can enter into a contract or grant for this purpose. 8. To support another Federal agency or any United States government jurisdiction (including any state, or local governmental agency), if the information is necessary, in any capacity to combat fraud, waste or abuse in a health benefits program funded in whole or in part by Federal funds. B. Additional Circumstances Affecting Routine Use Disclosures: To the extent this system contains Protected Health Information
(PHI)as defined by HHS regulation “Standards for Privacy of Individually Identifiable Health Information” (45 CFR Parts 160 and 164, Subparts A and E) 65 FR 82462 (12-28-00) release of information that are otherwise allowed by these routine uses may only be made if, and as, permitted or required by the “Standards for Privacy of Individually Identifiable Health Information.” (See 45 CFR 164-512 (a)(1).) In addition, CMS will not give out information that is not directly identifiable if there is a possibility that a person with Medicare could be identified because the sample is small enough to identify participants. CMS would make exceptions if the information is needed for one of the routine uses or if it's required by law. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are stored on both tape cartridges (magnetic storage media) and in a DB2 relational database management environment (DASD data storage media). RETRIEVABILITY: Information is most frequently retrieved by HICN, provider number (facility, physician, IDs), service dates, and beneficiary state code. SAFEGUARDS AND PROTECTIONS: CMS has protections in place for authorized users to make sure they are properly using the data and there is no unauthorized use. Personnel having access to the system have been trained in the Privacy Act and information security requirements. Employees who maintain records in this system cannot use or disclose data until the recipient agrees to implement appropriate management, operational and technical safeguards that will protect the confidentiality, integrity, and availability of the information and information systems. This system would follow all applicable Federal laws and regulations, and Federal, HHS, and CMS security and data privacy policies and standards. These laws and regulations include but are not limited to: the Privacy Act of 1974; the Federal Information Security Management Act of 2002 (when applicable); the Computer Fraud and Abuse Act of 1986; the Health Insurance Portability and Accountability Act of 1996; the E-Government Act of 2002, the Clinger-Cohen Act of 1996; the Medicare Modernization Act of 2003, and the corresponding implementing regulations. OMB Circular A-130, Management of Federal Resources, Appendix III, Security of Federal Automated Information Resources also applies. Federal, HHS, and CMS policies and standards include but are not limited to all pertinent National Institute of Standards and Technology publications, the HHS Information Systems Program Handbook, and the CMS Information Security Handbook. RETENTION AND DISPOSAL: Records are maintained with identifiers for all transactions after they are entered into the system for a period of 20 years. Records are housed in both active and archival files. All claims-related records are encompassed by the document preservation order and will be retained until notification is received from the Department of Justice. SYSTEM MANAGER AND ADDRESS: Director, Centers for Beneficiary Choices, CMS, Mail stop C5-19-07, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. NOTIFICATION PROCEDURE: For purpose of notification, the subject individual should write to the system manager who will require the system name, and the retrieval selection criteria (e.g., HICN, facility/pharmacy number, service dates, etc.). RECORD ACCESS PROCEDURE: For purpose of access, use the same procedures outlined in Notification Procedures above. Requestors should also reasonably specify the record contents being sought. (These procedures are in accordance with Department regulation 45 CFR 5b.5 (a)(2).) CONTESTING RECORD PROCEDURES: The subject individual should contact the system manager named above, and reasonably identify the record and specify the information to be contested. State the corrective action sought and the reasons for the correction with supporting justification. (These procedures are in accordance with Department regulation 45 CFR 5b.7.) RECORD SOURCE CATEGORIES: Summary prescription drug claim information contained in this system is obtained from the Part D Sponsor daily and monthly drug event transaction reports, Medicare Beneficiary Database (09-70-0530), and other payer information to be provided by the TROOP Facilitator. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. [FR Doc. E8-11949 Filed 5-28-08; 8:45 am] BILLING CODE 4120-03-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket Nos. FDA-2007-E-0461 (formerly Docket No. 2007E-0424), FDA-2007-E-0165 (formerly Docket No. 2007E-0425), FDA-2007-E-0459 (formerly Docket No. 2007E-0146)] Determination of Regulatory Review Period for Purposes of Patent Extension; LUCENTIS AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)has determined the regulatory review period for LUCENTIS and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of applications to the Director of Patents and Trademarks, Department of Commerce, for the extension of patents which claim that human biological product. ADDRESSES: Submit written or electronic comments and petitions 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: Beverly Friedman, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, rm. 6222, Silver Spring, MD, 20993-0002, 301-796-3602. SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98-417) and the Generic Animal Drug and Patent Term Restoration Act (Public Law 100-670) generally provide that a patent may be extended for a period of up to 5 years so long as the patented item (human drug product, animal drug product, medical device, food additive, or color additive) was subject to regulatory review by FDA before the item was marketed. Under these acts, a product's regulatory review period forms the basis for determining the amount of extension an applicant may receive. A regulatory review period consists of two periods of time: A testing phase and an approval phase. For human biological products, the testing phase begins when the exemption to permit the clinical investigations of the biological product becomes effective and runs until the approval phase begins. The approval phase starts with the initial submission of an application to market the human biological product and continues until FDA grants permission to market the biological product. Although only a portion of a regulatory review period may count toward the actual amount of extension that the Director of Patents and Trademarks may award (for example, half the testing phase must be subtracted as well as any time that may have occurred before the patent was issued), FDA's determination of the length of a regulatory review period for a human biological product will include all of the testing phase and approval phase as specified in 35 U.S.C. 156(g)(1)(B). FDA recently approved for marketing the human biologic product LUCENTIS (ranibizumab). LUCENTIS is indicated for the treatment of patients with neovascular
(wet)age-related macular degeneration. Subsequent to this approval, the Patent and Trademark Office received patent term restoration applications for LUCENTIS (U.S. Patent Nos. 6,407,213; 6,884,879; and 7,060,269) from Genentech, Inc., and the Patent and Trademark Office requested FDA's assistance in determining this patent's eligibility for patent term restoration. In letters dated July 24, 2007, and November 21, 2007, FDA advised the Patent and Trademark Office that this human biological product had undergone a regulatory review period and that the approval of LUCENTIS represented the first permitted commercial marketing or use of the product. Shortly thereafter, the Patent and Trademark Office requested that FDA determine the product's regulatory review period. FDA has determined that the applicable regulatory review period for LUCENTIS is 2,430 days. Of this time, 2,247 days occurred during the testing phase of the regulatory review period, while 183 days occurred during the approval phase. These periods of time were derived from the following dates: 1. *The date an exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) became effective* : November 6, 1999. The applicant claims October 7, 1999, as the date the investigational new drug application
(IND)became effective. However, FDA records indicate that the IND effective date was November 6, 1999, which was 30 days after FDA receipt of the IND. 2. *The date the application was initially submitted with respect to the human biological product under section 351 of the Public Health Service Act (42 U.S.C. 262)* : December 30, 2005. The applicant claims December 29, 2005, as the date the biologics license application
(BLA)for LUCENTIS (BLA 125156/0) was initially submitted. However, FDA records indicate that BLA 125156/0 was submitted on December 30, 2005. 3. *The date the application was approved* : June 30, 2006. FDA has verified the applicant's claim that BLA 125156/0 was approved on June 30, 2006. This determination of the regulatory review period establishes the maximum potential length of a patent extension. However, the U.S. Patent and Trademark Office applies several statutory limitations in its calculations of the actual period for patent extension. In its applications for patent extension for U.S. Patent Nos. 6,407,213; 6,884,879; and 7,060,269, this applicant seeks 378 days; 307 days or 17 days, respectively, of patent term extension. Anyone with knowledge that any of the dates as published are incorrect may submit to the Division of Dockets Management (see ADDRESSES ) written or electronic comments and ask for a redetermination by July 28, 2008. Furthermore, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period by November 25, 2008. To meet its burden, the petition must contain sufficient facts to merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should be in the format specified in 21 CFR 10.30. Comments and petitions should be submitted to the Division of Dockets Management. Three copies of any mailed information are to be submitted, except that individuals may submit one copy. Comments are to be identified with the docket number found in brackets in the heading of this document. Comments and petitions 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 8, 2008. Jane A. Axelrad, Associate Director for Policy, Center for Drug Evaluation and Research. [FR Doc. E8-12007 Filed 5-28-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2007-M-0467] (formerly Docket No. 2007M-0408), [Docket No. FDA-2007-M-0481] (formerly Docket No. 2007M-0467), [Docket No. FDA-2007-M-0480] (formerly Docket No. 2007M-0409), [Docket No. FDA-2007-M-0472] (formerly Docket No. 2007M-0413), [Docket No. FDA-2007-M-0468] (formerly Docket No. 2007M-0446), [Docket No. FDA-2007-M-0494] (formerly Docket No. 2007M-0380), [Docket No. FDA-2007-M-0493] (formerly Docket No. 2007M-0411), [Docket No. FDA-2007-M-0492] (formerly Docket No. 2007M-0410), [Docket No. FDA-2007-M-0490] (formerly Docket No. 2007M-0415), [Docket No. FDA-2007-M-0491] (formerly Docket No. 2007M-0447] Medical Devices; Availability of Safety and Effectiveness Summaries for Premarket Approval Applications AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is publishing a list of premarket approval applications
(PMAs)that have been approved. This list is intended to inform the public of the availability of safety and effectiveness summaries of approved PMAs through the Internet and the agency's Division of Dockets Management. ADDRESSES: Submit written requests for copies of summaries of safety and effectiveness data to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Please cite the appropriate docket number as listed in Table 1 of this document when submitting a written request. See the SUPPLEMENTARY INFORMATION section for electronic access to the summaries of safety and effectiveness. FOR FURTHER INFORMATION CONTACT: Samie Allen, Center for Devices and Radiological Health (HFZ-402), Food and Drug Administration, 9200 Corporate Blvd., Rockville, MD 20850, 240-276-4013. SUPPLEMENTARY INFORMATION: I. Background In the **Federal Register** of January 30, 1998 (63 FR 4571), FDA published a final rule that revised 21 CFR 814.44(d) and 814.45(d) to discontinue individual publication of PMA approvals and denials in the **Federal Register** . Instead, the agency now posts this information on the Internet on FDA's home page at *http://www.fda.gov* . FDA believes that this procedure expedites public notification of these actions because announcements can be placed on the Internet more quickly than they can be published in the **Federal Register** , and FDA believes that the Internet is accessible to more people than the **Federal Register** . In accordance with section 515(d)(4) and (e)(2) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 360e(d)(4) and (e)(2)), notification of an order approving, denying, or withdrawing approval of a PMA will continue to include a notice of opportunity to request review of the order under section 515(g) of the act. The 30-day period for requesting reconsideration of an FDA action under § 10.33(b) (21 CFR 10.33(b)) for notices announcing approval of a PMA begins on the day the notice is placed on the Internet. Section 10.33(b) provides that FDA may, for good cause, extend this 30-day period. Reconsideration of a denial or withdrawal of approval of a PMA may be sought only by the applicant; in these cases, the 30-day period will begin when the applicant is notified by FDA in writing of its decision. The regulations provide that FDA publish a quarterly list of available safety and effectiveness summaries of PMA approvals and denials that were announced during that quarter. The following is a list of approved PMAs for which summaries of safety and effectiveness were placed on the Internet from October 1, 2007, through December 31, 2007. There were no denial actions during this period. The list provides the manufacturer's name, the product's generic name or the trade name, and the approval date. **Table 1.—List of Safety and Effectiveness Summaries for Approved PMAs Made Available From October 1, 2007, through December 31, 2007.** PMA No./Docket No. Applicant TRADE NAME Approval Date P000009 (S4)/2007M-0408 Biotronik, Inc. TACHOS DR ATRIAL TX IMPLANTABLE CARDIOVERTER DEFIBRILLATOR ICD SYSTEM September 9, 2002 P060031/2007M-0467 Bio-Rad Laboratories BIO-RAD MONOLISA ANTI-HBC EIA April 27, 2007 P060005/2007M-0409 Siemens Medical Solutions Diagnostics IMMULITE/IMMULITE 1000 & IMMULITE 2000 FREE PSA ASSAYS May 11, 2007 P060017/2007M-0413 Veridex, LLC GENESEARCH BREAST LYMPH NODE
(BLN)ASSAY July 16, 2007 P040040/2007M-0446 AGA Medical Corp. AMPLATZER MUSCULAR VSD September 7, 2007 P070009/2007M-0380 Obtech Medical GMBH REALIZE ADJUSTABLE GASTRIC BAND MODEL 2200-X September 28, 2007 P070012/2007M-0411 Medtronic Vascular EXPONENT SELF-EXPANDING CAROTIC STENT SYSTEM WITH OVER THE WIRE OR RAPID EXHANGE DELIVERY SYSTEM October 23, 2007 P060038/2007M-0410 Carbomedics, Inc. MITROFLOW AORTIC PERICARDIAL HEART VALVE October 23, 2007 H990002/2007M-0415 Genzyme Biosurgery EPICEL (CULTURED EPIDERMAL AUTOGRAFTS) October 25, 2007 P060035/2007M-0447 Abbott Laboratories ARCHITECT CORE-M REAGENT KIT/CALIBRATORS/CONTROLS November 6, 2007 II. Electronic Access Persons with access to the Internet may obtain the documents at *http://www.fda.gov/cdrh/pmapage.html* . Dated: May 16, 2008. Daniel G. Schultz, Director, Center for Devices and Radiological Health. [FR Doc. E8-12012 Filed 5-28-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Proposed Collection; Comment Request; The Prevalence and Incidence of HIV Molecular Variants and Their Correlation With Risk Behaviors and HIV Treatment in Brazilian Blood Donors SUMMARY: In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed data collection projects, the National Heart, Lung, and Blood Institute (NHLBI), the National Institutes of Health (NIH), will publish periodic summaries of proposed projects to the Office of Management and Budget
(OMB)for review and approval. *Proposed Collection: Title:* The Prevalence and Incidence of HIV Molecular Variants and Their Correlation With Risk Behaviors and HIV Treatment in Brazilian Blood Donors. *Type of Information Collection Request:* NEW. *Need and Use of Information Collection:* Establishing and monitoring viral prevalence and incidence rates, and identifying risk behaviors for HIV incidence among blood donors, are critical to assessing and reducing risk of HIV transmission through blood transfusion. Identifying donation samples from donors with recent HIV infection is particularly critical as it enables characterization of the viral subtypes currently transmitted within the screened population and hence most likely to “break-through” routine screening measures ( *i.e.* , peri-seroconversion window period donations). Molecular surveillance of incident HIV infections in blood donors not only characterizes genotypes of recently infected donors for purposes of blood safety, but also enables documentation of the rates of primary transmission of anti-viral drug resistant strains in the community, serving a public health role in identifying new HIV infections for anti-retroviral treatment. Both a prospective surveillance and a case-control design are proposed to enroll all eligible HIV seropositives detected at three blood centers in Brazil (São Paulo, Belo Horizante, and Recífe) plus a satellite center in Rio de Janeiro. A comparison of epidemiological risk profiles will be made between the seropositive donors and a group of randomly selected seronegative donors. There are three study aims. Laboratory studies (LS-EIA testing and sequencing of pol region) on linked specimens from all enrolled HIV cases, will allow for estimation of HIV prevalence and incidence relative to genotype and putative route of infection. Data derived from molecular genotyping, including drug resistant genotypes, will be provided, along with counseling, to all enrolled HIV positive donors to facilitate their clinical care via referral to the Brazilian national HIV treatment system. Our findings will be compared to trends in prevalence, incidence and molecular variants from studies of the general population and high risk populations in Brazil, thus allowing for broad monitoring of the HIV epidemic in Brazil and assessment of the impact of donor selection criteria on these parameters. Finally, HIV cases and a group of controls, through responses to a questionnaire, will provide data on HIV risk behaviors among prospective blood donors. This HIV risk behavior data will be used as covariates in the molecular surveillance analyses described above, as well as aid in assessing whether modifications may be needed to Brazil's routine blood center operational donor screening questionnaire. The study participants will return to their local blood center for the administration of an informed consent form, explaining the confidential nature of the research study as well as the risks and benefits to their participation. Once enrolled, they will be asked to complete the self-administered risk factor questionnaire. In addition, a small blood sample will be collected from each HIV seropositive participant to be used for the genotyping and drug resistance testing. The results of the drug resistance testing will be communicated back to the seropositive participants during an in-person counseling session at the blood center. Defining prevalence and incidence in blood donors and residual risk of HIV transmission by transfusions may lead to new regulations and blood safety initiatives in Brazil. The data can be used to project the yield, safety impact and cost effectiveness of implementing enhanced testing strategies such as combination antigen-antibody assays and/or NAT. Determination of HIV risk factors in donors (first time versus repeat donor status; volunteer versus replacement status; demographics and risk behaviors) will support policy discussions over strategies to recruit the safest possible donors in Brazil. The findings from this project will also complement similar monitoring of HIV prevalence, incidence, transfusion risk and molecular variants in the U.S. and other funded international REDS-II sites, thus allowing direct comparisons of these parameters on a global level. *Frequency of Response* : Once. *Affected Public:* Individuals. *Type of Respondents* : Adult Blood Donors. The annual reporting burden is as follows: *Estimated Number of Respondents:* 2,000; *Estimated Number of Responses per Respondent* : 1; *Average Burden of Hours per Response* : 0.40 (including administration of the informed consent form and questionnaire completion instructions); and *Estimated Total Annual Burden Hours Requested:* 800. The annualized cost to respondents is estimated at: $5,200 (based on $6.50 per hour). There are no Capital Costs to report. There are no Operating or Maintenance Costs to report. Estimated number of respondents Estimated number of responses per respondent Average burden hours per response Estimated total annual burden hours requested 2,000 1 0.40 800 *Request for Comments:* Written comments and/or suggestions from the public and affected agencies should address one or more of the following points:
(1)Whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility;
(2)The accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and the assumptions used;
(3)Ways to enhance the quality, utility, and clarity of the information collected; and
(4)Ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. FOR FURTHER INFORMATION CONTACT: To request more information on the proposed project or to obtain a copy of the data collection plans and instruments, contact Dr. George Nemo, Project Officer, NHLBI, Two Rockledge Center, Room 9144, 6701 Rockledge Drive, MSC 7950, Bethesda, MD 20892-7950, or call 301-435-0065, or E-mail your request to *nemog@nih.gov.* *Comments Due Date* : Comments regarding this information collection are best assured of having their full effect if received within 60 days of the date of this publication. Dated: May 20, 2008. George Nemo, Project Officer, NHLBI, National Institutes of Health. [FR Doc. E8-11921 Filed 5-28-08; 8:45 am] BILLING CODE 4140-01-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. Telomerase Suppressor Compositions and Methods for Diagnosis and Treatment of Cancer *Description of Technology:* Lung cancer is responsible for one-third of all cancer related deaths. Although tobacco smoking is a major cause of lung cancer, epidemiological studies have provided evidence for the involvement of genetic factors in the disease onset. For now there are no reliable markers for the early lung cancer diagnostics and no effective treatment except resection of the tumor on early stages. As a result, it is difficult to diagnose lung cancer without invasive methods and before significant progression of the disease has occurred. NIH inventors have recently discovered that a gene called CCDC36 (LELA1) is frequently inactivated in patients with non-small cell lung cancer (NSCLC). In many instances of lung cancer, particularly early onset NSCLC, one copy of CCDC36 will be lost due to the chromosomal deletion while the other will be inactivated by promoter methylation. This results in reduction or loss of CCDC36 gene expression. In addition, several single nucleotide polymorphisms
(SNPs)found in the gene appeared to be associated with the early onset NSCLC. CCDC36 gene replacement could be utilized as a potential therapeutic strategy. Applications Detection of SNPs associated with early onset NSCLC can be potentially used to diagnose predisposition. Detection of chromosomal loss of CCDC36 and/or its methylation status in lung cancer can be used to diagnose NSCLC. Treatment of NSCLC using CCDC36-based therapeutics. Advantages Early detection of NSCLC has the potential to improve prognosis of lung cancer patient. Non-invasive nature of the test is beneficial to patient comfort. Benefits There is no current genetic test for early onset NSCLC, providing an excellent market opportunity. Developing a diagnostic test for lung cancer will have significant social benefits, allowing the early detection and treatment of lung cancer patients. *Inventors:* Tatiana Dracheva et al. (NCI). *Patent Status:* PCT Application No. PCT/US2008/059800 filed 09 Apr 2008 (HHS Reference No. E-265-2007/0-PCT-01). *Licensing Status:* Available for licensing. *Licensing Contact:* David A. Lambertson, Ph.D.; 301-435-4632; *lambertsond@mail.nih.gov.* *Collaborative Research Opportunity:* The National Cancer Institute, Center for Cancer Research, Laboratory of Human Carcinogenesis is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize “Unique Genetic Changes in CCDC36 Gene That Are Associated with Early Onset Lung Cancer.” Please contact John D. Hewes, Ph.D., at 301-435-3121 or *hewesj@mail.nih.gov* for more information. Muramyl Dipeptide as a Therapeutic Agent for Inflammation *Description of Technology:* The nucleotide-binding oligomerization domain 2
(NOD2)protein plays a key role in innate immunity as a sensor of muramyl dipeptide (MDP), a breakdown product of bacterial peptidoglycan. Bacterial peptidoglycan promotes the innate immune response through the activation of Toll-like receptor 2 (TLR2), which ultimately provokes inflammation. Activation of NOD2 by MDP negatively regulates the activity of TLR2, and thus reduces inflammation. The inventors have demonstrated that administration of MDP prevents the development of experimental colitis in mice. They have also determined that MDP reduces pro-inflammatory cytokine production from multiple Toll-like receptors, and that this reduction arises from the induction of IFN regulatory factor 4 (IRF4). The technology includes methods of treating or preventing inflammation associated with an autoimmune disorder, particularly inflammatory bowel disease, via administration of muramyl peptide; also included are methods of reducing symptoms characteristic of inflammation via administration of muramyl peptide. *Applications:* This technology has potential as an anti-inflammatory therapy for autoimmune or other inflammation-associated diseases, particularly inflammatory bowel diseases such as Crohn's disease and ulcerative colitis. *Market:* Approximately 1.8 million people suffer from inflammatory bowel disease in the major pharmaceutical markets. In the United States alone, there are approximately 300,000 to 500,000 people with inflammatory bowel disease, as estimated by the National Institute of Diabetes and Digestive and Kidney Diseases, NIH. *Development Status:* *In vivo* data are available in an experimental colitis mouse model, and *in vitro* data supporting mechanism of action also are available. *Inventors:* Warren Strober *et al.* (NIAID). *Relevant Publication:* T. Watanabe et al. Muramyl dipeptide activation of nucleotide-binding oligomerization domain 2 protects mice from experimental colitis. J Clin Invest. 2008 Feb;118(2):545-559. *Patent Status:* PCT Application No. PCT/US2007/086117 filed 30 Nov 2007 (HHS Reference No. E-110-2006/0-PCT-02). *Licensing Status:* This technology is available for exclusive or non-exclusive licensing. *Licensing Contact:* Tara Kirby, Ph.D.; 301-435-4426; *tarak@mail.nih.gov.* *Collaborative Research Opportunity:* The NIAID Laboratory of Host Defenses, Mucosal Immunity Section, is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize this technology. Please contact either Rosemary Walsh or Charles Rainwater at 301-496-2644 for more information. Treatment and Diagnosis of Cancer, Diabetes and Other Disorders Using Adrenomedullin Peptides and Antibodies *Description of Technology:* Adrenomedullin (AM), a 52-amino acid regulatory peptide, is expressed in a wide range of tissues, and has a variety of biological roles. AM was initially identified as a vasodilator, and the effects of AM and its fragments in the cardiovascular system have been widely studied. AM also has important effects on renal function, cell growth, glucose metabolism, and regulation of hormone secretion, and has antimicrobial activity. This technology claims AM peptides and antibodies, which would be useful in the development of a therapeutic or for diagnostics use. Also claimed are methods of inhibiting tumor cell growth using AM peptides, in particular in a patient suffering from a lung tumor. Claims are also directed to methods of treating a subject with AM-associated conditions, including diabetes, pregnancy, neurological disease, inflammation, or bone development. Finally, methods are claimed for diagnosing or monitoring a disease where AM levels are altered. Also available is a murine monoclonal antibody, MoAb-G6, which was raised against an AM peptide. This antibody neutralizes AM bioactivity, and reacts with the processed form of AM, but not the preprohormone. This antibody would be useful not only for research use, but also as part of a diagnostic assay for measurement or detection of AM. Applications Peptide- or antibody-based therapeutics for cancer, diabetes, inflammation or other AM-associated disease. Diagnostic tools for the detection of AM-positive tumors or other AM-associated conditions. Research use of AM peptides and antibodies. *Development Status:* This technology is currently in the pre-clinical stage of development. *Inventors:* Frank Cuttitta et al. (NCI). Related Publications 1. A Marti nez et al. Regulation of insulin secretion and blood glucose metabolism by adrenomedullin. Endocrinology. 1996 Jun;137(6):2626-2632. 2. E Zudaire et al. The central role of adrenomedullin in host defense. J Leukoc Biol. 2006 Aug;80(2):237-244. 3. E Zudaire et al. Adrenomedullin is a cross-talk molecule that regulates tumor and mast cell function during human carcinogenesis. Am J Pathol. 2006 Jan;168(1):280-291. Patent Status: U.S. Patent Serial No. 6,320,022 issued 20 Nov 2001 (HHS Reference No. E-206-1995/3-US-04). U.S. Patent Serial No. 7,101,548 issued 05 Sept 2006 (HHS Reference No. E-206-1995/3-US-10). U.S. Patent Application No. 11/517,599 filed 05 Sept 2006 (HHS Reference No. E-206-1995/3-US-11). Foreign counterparts in Australia, Canada, France, Germany, Great Britain, and Japan. Related Technologies HHS Reference No. E-256-1999/0—Determination of Adrenomedullin-Binding Proteins. HHS Reference No. E-294-2002/0—A New Target for Angiogenesis and Anti-Angiogenesis Therapy. *Licensing Status:* Available for exclusive or non-exclusive licensing. *Licensing Contact:* Tara Kirby, Ph.D.; 301-435-4426; *tarak@mail.nih.gov.* *Collaborative Research Opportunity:* The National Cancer Institute Angiogenesis Core Facility is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize Use of Adrenomedullin Peptides and Antibodies in the Treatment and Diagnosis of Cancer, Diabetes and other Disorders. Please contact John D. Hewes, Ph.D. at 301-435-3121 or *hewesj@mail.nih.gov* for more information. Dated: May 21, 2008. Steven M. Ferguson, Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health. [FR Doc. E8-11919 Filed 5-28-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Amended Notice of Meeting Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, June 26, 2008, 1 p.m. to June 26, 2008, 3 p.m., National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 which was published in the **Federal Register** on May 16, 2008, 73 FR 28489-28490. The meeting will be held June 24, 2008, 2 p.m. to 3 p.m. The meeting location remains the same. The meeting is closed to the public. Dated: May 20, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11785 Filed 5-28-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Amended Notice of Meeting Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, June 23, 2008, 8 a.m. to June 24, 2008, 5 p.m., Sir Francis Drake Hotel, 450 Powell Street, San Francisco, CA 94102 which was published in the **Federal Register** on May 16, 2008, 73 FR 28489-28490. The meeting will be held one day only June 23, 2008, from 8 a.m. to 7 p.m. The meeting location remains the same. The meeting is closed to the public. Dated: May 20, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11787 Filed 5-28-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Amended Notice of Meeting Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, June 17, 2008, 1 p.m. to June 17, 2008, 3 p.m., National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 which was published in the **Federal Register** on May 15, 2008, 73 FR 28121-28122. The meeting will be held June 20, 2008, 11 a.m. to 2 p.m. The meeting location remains the same. The meeting is closed to the public. Dated: May 20, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11788 Filed 5-28-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Cancellation of Meeting Notice is hereby given of the cancellation of the Neurotechnology Study Section, June 3, 2008, 8 a.m. to June 4, 2008, 5 p.m., Grand Hyatt, 345 Stockton Street, San Francisco, CA 94108 which was published in the **Federal Register** on May 15, 2008, 73 FR 28121-28122. The meeting was cancelled due to a lack of quorum. Dated: May 20, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11789 Filed 5-28-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Amended Notice of Meeting Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, June 2, 2008, 8 a.m. to June 2, 2008, 11:30 p.m., National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD, 20892 which was published in the **Federal Register** on May 15, 2008, 73 FR 28121-28122. The meeting title has been changed to “Clinical Endocrinology”. The meeting is closed to the public. Dated: May 20, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11794 Filed 5-28-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Amended Notice of Meeting Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, June 24, 2008, 1 p.m. to June 24, 2008, 3 p.m., National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD, 20892 which was published in the **Federal Register** on May 16, 2008, 73 FR 28489-28490. The meeting will be held June 25, 2008, 3 p.m. to 5 p.m. The meeting location remains the same. The meeting is closed to the public. Dated: May 20, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11795 Filed 5-28-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Center on Minority Health and Health Disparities; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Center on Minority Health and Health Disparities Special Emphasis Panel; NCMHD Conference Grant Review. *Date:* June 20, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6707 Democracy Blvd., Suite 800, Bethesda, MD 20892, (Virtual Meeting). *Contact Person:* Lorrita Watson, PhD, National Center on Minority Health and Health Disparities, National Institutes of Health, 6707 Democracy Blvd., Suite 800, Bethesda, MD 20892-5465,
(301)402-1366, *watsonl@mail.nih.gov* . Dated: May 16, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11674 Filed 5-28-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Center on Minority Health and Health Disparities; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Center on Minority Health and Health Disparities Special Emphasis Panel; Loan Repayment Program for Health Disparities and Clinical Research—Panel D. *Date:* June 23, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Suite 800, Bethesda, MD 20892, (Virtual Meeting). *Contact Person:* Lorrita Watson, PhD, National Center on Minority Health and Health Disparities, National Institutes of Health, 6707 Democracy Blvd., Suite 800, Bethesda, MD 20892-5465,
(301)402-1366, *watsonl@mail.nih.gov.* Dated: May 20, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11796 Filed 5-28-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Alcohol Abuse and Alcoholism; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute on Alcohol Abuse and Alcoholism Special Emphasis Panel; AA-3 Member Conflict. *Date:* June 4, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Crowne Plaza Hotel, 877 Georgia Avenue, Silver Spring, MD 20910. *Contact Person:* Philippe Marmillot, PhD, Scientific Review Administrator, National Institutes of Health, National Institute on Alcohol Abuse and Alcoholism, 5635 Fishers Lane, Rm 3045, Bethesda, MD 20892, 301-443-2861, *marmillotp@mail.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. (Catalogue of Federal Domestic Assistance Program Nos. 93271, Alcohol Research Career Development Awards for Scientists and Clinicians; 93.272, Alcohol National Research Service Awards for Research Training; 93.273, Alcohol Research Programs; 93.891, Alcohol Research Center Grants, National Institutes of Health, HHS) Dated: May 19, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11645 Filed 5-28-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute of Allergy and Infectious Diseases Special Emphasis Panel; Unsolicited P01. *Date:* June 16, 2008. *Time:* 12 p.m. to 4 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6700B Rockledge Drive, Bethesda, MD 20817, (Telephone Conference Call). *Contact Person:* Lucy A. Ward, DVM, PhD, Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, NIAID/NIH/DHHS, 6700B Rockledge Drive, MSC 7616, Bethesda, MD 20892, 301-594-6635, *lward@niaid.nih.gov.* *Name of Committee:* Microbiology, Infectious Diseases and AIDS Initial Review Group; Microbiology and Infectious Diseases B Subcommittee. *Date:* June 18, 2008. *Time:* 8 a.m. to 6 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Hilton Washington/Rockville, 1750 Rockville Pike, Rockville, MD 20852. *Contact Person:* Gary S. Madonna, PhD, Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institutes of Health/NIAID, 6700B Rockledge Drive, MSC 7616, Bethesda, MD 20892, 301-496-3528, *gm12w@nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS) Dated: May 19, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11646 Filed 5-28-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Mental Health; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute of Mental Health Special Emphasis Panel; NIMH Chemical Synthesis and Drug Supply Program. *Date:* June 25, 2008. *Time:* 12 p.m. to 2 p.m. *Agenda:* To review and evaluate contract proposals. *Place:* National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852, (Telephone Conference Call). *Contact Person:* Peter J. Sheridan, PHD, Scientific Review Administrator, Division of Extramural Activities, National Institute of Mental Health, NIH, Neuroscience Center,6001 Executive Blvd., Room 6142, MSC 9606, Bethesda, MD 20892, 301-443-1513, *psherida@mail.nih.gov* . (Catalogue of Federal Domestic Assistance Program Nos. 93.242, Mental Health Research Grants; 93.281, Scientist Development Award, Scientist Development Award for Clinicians, and Research Scientist Award; 93.282, Mental Health National Research Service Awards for Research Training, National Institutes of Health, HHS) Dated: May 19, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11672 Filed 5-28-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Mental Health; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute of Mental Health Special Emphasis Panel; Methods of Statistical Analysis of DNA Sequence Data for Studies Relating Variation to Disease. *Date:* June 25, 2008. *Time:* 1 p.m. to 3 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852, (Telephone Conference Call). *Contact Person:* Vinod Charles, PhD, Scientific Review Administrator, Division of Extramural Activities, National Institute of Mental Health, NIH, Neuroscience Center, 6001 Executive Blvd., Room 6151, MSC 9606, Bethesda, MD 20892-9606, 301-443-1606. *Name of Committee:* National Institute of Mental Health Special Emphasis Panel; ITVC Conflicts I. *Date:* July 1, 2008. *Time:* 1 p.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852, (Telephone Conference Call). *Contact Person:* Marina Broitman, PhD, Scientific Review Administrator, Division of Extramural Activities, National Institute of Mental Health, NIH, Neuroscience Center, 6001 Executive Blvd., Room 6153, MSC 9608, Bethesda, MD 20892-9608, 301-402-8152, *mbroitma@mail.nih.gov* . (Catalogue of Federal Domestic Assistance Program Nos. 93.242, Mental Health Research Grants; 93.281, Scientist Development Award, Scientist Development Award for Clinicians, and Research Scientist Award; 93.282, Mental Health National Research Service Awards for Research Training, National Institutes of Health, HHS) Dated: May 19, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11673 Filed 5-28-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Dental & Craniofacial Research; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute of Dental and Craniofacial Research Special Emphasis Panel; Review R21s. *Date:* June 18, 2008. *Time:* 10 a.m. to 11:30 a.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6706 Democracy Blvd., Bethesda, MD 20892, (Telephone Conference Call). *Contact Person:* Mario Rinaudo, MD, Scientific Review Officer, Scientific Review Branch, National Institute of Dental & Craniofacial Research, National Institutes of Health, 6701 Democracy Blvd. (DEM 1), RM 670 MSC4878, Bethesda, MD 20892, 301-594-2904, *mrinaudo@nidcr.nih.gov.* (Catalogue of Federal Domestic Assistance Program No. 93.121, Oral Diseases and Disorders Research, National Institutes of Health, HHS) Dated: May 16, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11675 Filed 5-28-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Alcohol Abuse and Alcoholism; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute on Alcohol Abuse and Alcoholism Special Emphasis Panel; Ethanol and Behavioral Genetics and Blood Brain Barrier. *Date:* July 3, 2008. *Time:* 10 a.m. to 12 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 5635 Fishers Lane, Rockville, MD 20852 (Telephone Conference Call). *Contact Person:* Philippe Marmillot, PhD, Scientific Review Administrator, National Institutes of Health, National Institute on Alcohol Abuse and Alcoholism, 5635 Fishers Lane, Rm 3045, Bethesda, MD 20892, 301-443-2861, *marmillotp@mail.nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.271, Alcohol Research Career Development Awards for Scientists and Clinicians; 93.272, Alcohol National Research Service Awards for Research Training; 93.273, Alcohol Research Programs; 93.891, Alcohol Research Center Grants, National Institutes of Health, HHS) Dated: May 19, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11716 Filed 5-28-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Aging; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute on Aging Special Emphasis Panel; Asprin Trial. *Date:* June 25, 2008. *Time:* 1 p.m. to 3 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institute on Aging, Bethesda, MD 20892,(Telephone Conference Call). *Contact Person:* Alicja L. Markowska, PhD, DSC, National Institute on Aging, 7201 Wisconsin Avenue, Suite 2C212, Bethesda, MD 20892, 301-496-9666, *markowsa@nia.nih.gov.* *Name of Committee:* National Institute on Aging Special Emphasis Panel; Nutrient Signaling. *Date:* July 10, 2008. *Time:* 12 p.m. to 4 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institute on Aging, Gateway Building, 7201 Wisconsin Avenue, Room 2C212, Bethesda, MD 20892, (Telephone Conference Call). *Contact Person:* Bita Nakhai, PhD, Scientific Review Administrator, Scientific Review Office, National Institute on Aging, Gateway Bldg., 2C212, 7201 Wisconsin Avenue, Bethesda, MD 20814, 301-402-7701, *nakhaib@nia.nih.gov.* *Name of Committee:* National Institute on Aging Special Emphasis Panel; Autphagy in Aging. *Date:* July 17, 2008. *Time:* 12 p.m. to 4 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institute on Aging, Gateway, 7201 Wisconsin Avenue, Suite 2c212, Bethesda, MD 20892, (Telephone Conference Call). *Contact Person:* Elaine Lewis, PhD, Scientific Review Administrator, Scientific Review Office, National Institute on Aging,Gateway Building, Suite 2C212, MSC-9205, 7201 Wisconsin Avenue,Bethesda, MD 20892, 301-402-7707, *elainelewis@nia.nih.gov.* *Name of Committee:* National Institute on Aging Special Emphasis Panel; Brain Aging and Functional Restoration. *Date:* July 22, 2008. *Time:* 12 p.m. to 4 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institute on Aging, Gate Way, 7201 Wisconsin Avenue, Suite 2C212, Bethesda, MD 20892, (Telephone Conference Call). *Contact Person:* Elaine Lewis, PhD, Scientific Review Administrator, Scientific Review Office, National Institute on Aging,Gateway Building, Suite 2C212, MSC-9205, 7201 Wisconsin Avenue,Bethesda, MD 20892, 301-402-7707, *elainelewis@nia.nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS) Dated: May 20, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-11793 Filed 5-28-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Office of Dietary Supplements
(ODS)Methods and Reference Materials Program—Vitamin Methodology Workshop; Correction Notice Notice is hereby given that the meeting notice which we previously published in the **Federal Register** on May 20, 2008 (73 FR 29140-29141) concerning the workshop to be held on Monday, July 7th and Tuesday, July 8th, 2008 at the Marriott Gaithersburg Washingtonian Center Hotel in Gaithersburg, Maryland 20878, contained an error. The contact e-mail address information for Mr. Mike Bykowski that we provided in the notice was incorrect. It should read: *mbykowski@csionweb.com.* Mr. Bykowski also may be reached by telephone at 301-670-2070. Dated: May 21, 2008. Joseph M. Betz, Office of Dietary Supplements, National Institutes of Health. [FR Doc. E8-11923 Filed 5-28-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HOMELAND SECURITY [DHS-2008-0039] Collection of Alien Biometric Data Upon Exit From the United States at Air and Sea Ports of Departure; United States Visitor and Immigrant Status Indicator Technology Program AGENCY: National Protection and Programs Directorate, Department of Homeland Security. ACTION: Notice of Hearing. SUMMARY: The Department of Homeland Security (DHS), United States Visitor and Immigrant Status Indicator Technology (US-VISIT) Program, is issuing this notice to advise the public of a public hearing on June 13, 2008, in Arlington, Virginia, on “Collection of Alien Biometric Data upon Exit from the United States at Air and Sea Ports of Departure,” docket DHS-2008-0039. DATES: The hearing will be held on Friday, June 13, 2008, from 9:30 a.m. to 4 p.m., Eastern Daylight Time. ADDRESSES: The hearing will be held at the Hyatt Regency Crystal City at Ronald Reagan Washington National Airport, 2799 Jefferson Davis Highway, Arlington, Virginia, 22202. FOR FURTHER INFORMATION CONTACT: Helen V. deThomas, US-VISIT, Department of Homeland Security; 1616 North Fort Myer Drive, 18th Floor, Arlington, Virginia, 22209 or by telephone at
(202)298-5200 (not a toll-free number). SUPPLEMENTARY INFORMATION: On April 24, 2008, The Department of Homeland Security (DHS), United States Visitor and Immigrant Status Indicator Technology (US-VISIT) Program, published a notice of proposed rulemaking “Collection of Alien Biometric Data upon Exit from the United States at Air and Sea Ports of Departure,” at 73 FR 22065. The sixty-day public comment period for this proposed rule concludes on June 23, 2008. DHS has received a number of requests to extend the sixty-day comment period. Because the Department is operating under a statutory deadline for implementation of a US-VISIT air exit system, however, DHS will not be able to extend the comment period for this rulemaking action. In lieu of extending the comment period, DHS will hold a public hearing on this proposed rule at 9:30 a.m. on June 13, 2008, at the Hyatt Regency Crystal City at Ronald Reagan Washington National Airport, 2799 Jefferson Davis Highway, Arlington, Virginia, 22202. US-VISIT will accept written and oral comments on the proposed rule during this meeting. All comments received during this public meeting will be included in the public docket (DHS-2008-0039) for this rulemaking action. Although DHS will accept comments on any aspect of this proposed rule, the most helpful comments would specifically address discrete elements of the proposed rule, including on-point operational and financial data and the potential economic and business impacts of the performance standards proposed under this rule, including the alternatives discussed in this proposed rule and the underlying assumptions and analyses related to those alternatives. The most useful comments would include information on how DHS could accomplish the requirements of the proposed rule and any alternatives that would accomplish the result embodied in the proposed rule that would reduce the burden on travelers and the travel industry without sacrificing accuracy in the collection of biometric information. DHS also is interested in public comment on the regulatory impact assessment supporting this proposed rule, including: • The cost models of each alternative, including all assumptions that underlie the labor costs; • Any cost-sharing alternatives to the proposals presented between the carriers and the Government; • The assumptions and numbers used to develop the carrier and Government alternatives; and • The potential for cost savings for alternatives not included as options in the proposed rule. Anyone wishing to speak and/or make a presentation during the public meeting must contact Helen V. deThomas, US-VISIT, Department of Homeland Security, by telephone at
(202)298-5200 (not a toll-free number), by facsimile at
(202)298-5201, or by e-mail at *helen.dethomas@dhs.gov,* not later than June 10, 2008, three business days prior to the hearing date and provide three copies of any written statement or presentation materials so that they may be placed on the agenda. US-VISIT reserves the right to limit the number of presenters and the time allowed for presentations to accommodate numerous presenters with different points of view. Additionally, if you need accommodations because of a disability or require additional information, please contact Helen V. deThomas at the above telephone number or e-mail address. Shonnie Lyon, Acting Deputy Director, US-VISIT. [FR Doc. E8-12021 Filed 5-28-08; 8:45 am] BILLING CODE 9111-97-P DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2008-0081] Collection of Information Under Review by Office of Management and Budget: OMB Control Numbers: 1625-0077 AGENCY: Coast Guard, DHS. ACTION: Thirty-day notice requesting comments. SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this request for comments announces that the U.S. Coast Guard is forwarding an Information Collection Request (ICR), abstracted below, to the Office of Information and Regulatory Affairs
(OIRA)of the Office of Management and Budget
(OMB)requesting an extension of their approval for the following collection of information: 1625-0077, Security Plans for Ports, Vessels, Facilities, and Outer Continental Shelf Facilities and Other Security-Related Requirements. Our ICR describes the information we seek to collect from the public. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties. DATES: Please submit comments on or before June 30, 2008. ADDRESSES: You may submit comments identified by Coast Guard docket number [USCG-2008-0081] to the Docket Management Facility
(DMF)at the U.S. Department of Transportation
(DOT)or to OIRA. To avoid duplication, please submit your comments by only one of the following means:
(1)Electronic submission.
(a)To Coast Guard docket at *http://www.regulation.gov.*
(b)To OIRA by e-mail to: *oira_submission@omb.eop.gov* .
(2)Mail or Hand delivery.
(a)DMF (M-30), DOT, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. Hand deliver between the hours of 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.
(b)To OIRA, 725 17th Street, NW., Washington, DC 20503, to the attention of the Desk Officer for the Coast Guard.
(3)Fax.
(a)To DMF, 202-493-2251.
(b)To OIRA at 202-395-6566. To ensure your comments are received in time, mark the fax to the attention of the Desk Officer for the Coast Guard. The DMF maintains the public docket for this notice. Comments and material received from the public, as well as documents mentioned in this notice as being available in the docket, will become part of this docket and will be available for inspection or copying at room W12-140 on the West Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at *http://www.regulations.gov.* Copies of the complete ICRs are available through this docket on the Internet at *http://www.regulations.gov.* Additionally, copies are available from Commandant (CG-611), U.S. Coast Guard Headquarters, (Attn: Mr. Arthur Requina), 2100 2nd Street, SW., Washington, DC 20593-0001. The telephone number is 202-475-3523. FOR FURTHER INFORMATION CONTACT: Mr. Arthur Requina, Office of Information Management, telephone 202-475-3523 or fax 202-475-3929, for questions on these documents. Contact Ms. Renee V. Wright, Program Manager, Docket Operations, 202-366-9826, for questions on the docket. SUPPLEMENTARY INFORMATION: The Coast Guard invites comments on whether this information collection request should be granted based on it being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing:
(1)The practical utility of the collections;
(2)the accuracy of the estimated burden of the collections;
(3)ways to enhance the quality, utility, and clarity of information subject to the collections; and
(4)ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. Comments to Coast Guard or OIRA must contain the OMB Control Number of the ICR addressed. Comments to Coast Guard must contain the docket number of this request, [USCG 2007-0081]. For your comments to OIRA to be considered, it is best if they are received on or before June 30, 2008. *Public participation and request for comments:* We encourage you to respond to this request by submitting comments and related materials. We will post all comments received, without change, to *http://www.regulations.gov.* They will include any personal information you provide. We have an agreement with DOT to use their DMF. Please see the paragraph on DOT's “Privacy Act Policy” below. *Submitting comments:* If you submit a comment, please include the docket number [USCG-2008-0081], indicate the specific section of the document to which each comment applies, providing a reason for each comment. We recommend you include your name, mailing address, an e-mail address, or other contact information in the body of your document so that we can contact you if we have questions regarding your submission. You may submit comments and material by electronic means, mail, fax, or delivery to the DMF at the address under ADDRESSES ; but please submit them by only one means. If you submit them by mail or delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change the documents supporting this collection of information or even the underlying requirements in view of them. The Coast Guard and OIRA will consider all comments and material received during the comment period. *Viewing comments and documents:* Go to *http://www.regulations.gov* to view documents mentioned in this notice as being available in the docket. Enter the docket number [USCG-2008-0081] in the Search box, and click, “Go>>.” You may also visit the DMF in room W12-140 on the West Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. *Privacy Act:* Anyone can search the electronic form of all comments received in dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Privacy Act Statement of DOT in the **Federal Register** published on April 11, 2000 (65 FR 19477), or by visiting *http://DocketsInfo.dot.gov.* Previous Request for Comments This request provides a 30-day comment period required by OIRA. The Coast Guard has published the 60-day notice (73 FR 10458, February 27, 2008) required by 44 U.S.C. 3506(c)(2). That notice elicited no comments. Information Collection Request *Title:* Security Plans for Ports, Vessels, Facilities, and Outer Continental Shelf Facilities and Other Security-Related Requirements. *OMB Control Number:* 1625-0077. *Type Of Request:* Extension of currently approved collection. *Affected Public:* Vessel and facility owners and operators. *Forms:* CG-6025 and CG-6025A. *Abstract:* This information collection is associated with the maritime security requirements mandated by the Maritime Transportation Security Act
(MTSA)of 2002. Security assessments, security plans, and other security-related requirements are found in Title 33 CFR chapter I, subchapter H, and 33 CFR parts 120 and 128. This information is needed to determine if vessels and facilities are in compliance with certain security standards. *Burden Estimate:* The estimated burden has decreased from 1,883,457 hours to 1,278,068 hours a year. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended. Dated: May 21, 2008. D.T. Glenn, Rear Admiral, U. S. Coast Guard, Assistant Commandant for Command, Control, Communications, Computers and Information Technology. [FR Doc. E8-11917 Filed 5-28-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice; 60-day notice and request for comments; Extension, without change, of a currently approved collection, OMB Number 1660-0040, FEMA Form 81-93. SUMMARY: The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection. In accordance with the Paperwork Reduction Act of 1995 this notice seeks comments concerning renewal of the Standard Flood Hazard Determination Form, FEMA Form 81-93. SUPPLEMENTARY INFORMATION: FEMA is seeking to extend the use of the Standard Flood Hazard Determination Form, required by Title V, Section 528 of the National Flood Insurance Reform Act of 1994 (NFIRA). The form records the determination of whether a structure is located within an identified Special Flood Hazard Area and whether flood insurance is available. Federally-regulated lender institutions are mandated to complete this form for any loan made, increased, extended, renewed, or purchased. Collection of Information *Title:* Standard Flood Hazard Determination Form. *Type of Information Collection:* Extension, without change, of a currently approved collection. *OMB Number:* 1660-0040. *Form Numbers:* FEMA Form 81-93. *Abstract:* On September 23, 1994, the President signed the Riegle Community Development and Regulatory Improvement Act of 1994. Title V of this Act is the National Flood Insurance Reform Act (NFIRA). Section 528 of the NFIRA requires that FEMA develop a standard hazard determination form for recording the determination of whether a structure is located within an identified a Special Flood Hazard Area and whether flood insurance is available. Section 528 of the NFIRA also requires the use of this Form by regulating lending institutions, federal agent lenders, the Federal National Association, the Federal Home Loan Mortgage Corporation, and the Government National Mortgage Association for any loan made, increased, extended, renewed, or purchased by these entities. *Affected Public:* Business or other for-profit. *Estimated Total Annual Burden Hours:* 10,890,000 hours. Annual Burden Hours Data collection activity/instrument Number of respondents
(A)Frequency of responses
(B)Hour burden per response
(C)Annual responses
(D)= (A × B) Total annual burden hours (C × D) FEMA Forms 81-93 33,000,000 1 0.33 (20 minutes) 33,000,000 10,890,000 Total 33,000,000 1 0.33 33,000,000 10,890,000 *Estimated Cost:* The estimated annualized cost to respondents based on wage rate categories is $295,119,000.00. The estimated annual cost to the Federal Government is $100,200. *Comments:* Written comments are solicited to
(a)evaluate whether the proposed data collection is necessary for the proper performance of the agency, including whether the information shall have practical utility;
(b)evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(c)enhance the quality, utility, and clarity of the information to be collected; and
(d)minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. Comments must be submitted on or before July 28, 2008. ADDRESSES: Interested persons should submit written comments to Office of Management, Records Management Division, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, Mail Drop Room 301, 1800 S. Bell Street, Arlington, VA 22202. FOR FURTHER INFORMATION CONTACT: Contact Ava Hammond, Program Specialist, Mitigation Division at
(202)646-7045 for additional information. You may contact the Records Management Division for copies of the proposed collection of information at facsimile number
(202)646-3347 or e-mail address: *FEMA-Information-Collections@dhs.gov.* Dated: May 15, 2008. John A. Sharetts-Sullivan, Director, Records Management Division, Office of Management, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E8-11998 Filed 5-28-08; 8:45 am] BILLING CODE 9110-11-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1758-DR] Arkansas; 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 Arkansas (FEMA-1758-DR), dated May 20, 2008, and related determinations. EFFECTIVE DATE: May 20, 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 20, 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 Arkansas resulting from severe storms, flooding, and tornadoes beginning on May 2, 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 Arkansas. 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 and Public Assistance in the designated areas and Hazard Mitigation throughout the State. Direct Federal assistance is authorized. 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. 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. 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, Kenneth M. Riley, of FEMA is appointed to act as the Federal Coordinating Officer for this declared disaster. The following areas of the State of Arkansas have been designated as adversely affected by this declared major disaster: Benton, Cleburne, Conway, Crittenden, Grant, Lonoke, Mississippi, Pulaski, Saline, and Van Buren Counties for Individual Assistance. Cleburne, Conway, Crittenden, Grant, Lonoke, and Van Buren Counties for Public Assistance. Direct Federal assistance is authorized. All counties within the State of Arkansas are eligible to apply for assistance under the Hazard Mitigation Grant Program. (The following Catalog of Federal Domestic Assistance
(CFDA)Numbers 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. E8-11995 Filed 5-28-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1751-DR] Arkansas; Amendment No. 9 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Arkansas (FEMA-1751-DR), dated March 26, 2008, and related determinations. EFFECTIVE DATE: May 22, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Arkansas is hereby amended to include the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of March 26, 2008. Perry County for Individual Assistance (already designated for Public Assistance.) Calhoun County for Public 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. E8-11994 Filed 5-28-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1740-DR] Indiana; Amendment No. 4 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 Indiana (FEMA-1740-DR), dated January 30, 2008, and related determinations. EFFECTIVE DATE: May 20, 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 Indiana is hereby amended to include 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 January 30, 2008. Allen and Fulton Counties for Public Assistance (already designated for Individual Assistance.) (The following Catalog of Federal Domestic Assistance
(CFDA)Numbers 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. E8-11997 Filed 5-28-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1755-DR] Maine; Amendment No. 3 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: Notice is hereby given that the incident period for this disaster is closed effective May 14, 2008. (The following Catalog of Federal Domestic Assistance
(CFDA)Numbers 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. E8-12001 Filed 5-28-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1753-DR] Mississippi; 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 Mississippi (FEMA-1753-DR), dated May 8, 2008, and related determinations. EFFECTIVE DATE: May 19, 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 19, 2008. (The following Catalog of Federal Domestic Assistance
(CFDA)Numbers 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. E8-12004 Filed 5-28-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1756-DR] Oklahoma; 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 Oklahoma (FEMA-1756-DR), dated May 14, 2008, and related determinations. EFFECTIVE DATE: May 13, 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 13, 2008. (The following Catalog of Federal Domestic Assistance
(CFDA)Numbers 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. E8-12016 Filed 5-28-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1757-DR] Kentucky; 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 Commonwealth of Kentucky (FEMA-1757-DR), dated May 19, 2008, and related determinations. EFFECTIVE DATE: May 19, 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 19, 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 Commonwealth of Kentucky resulting from severe storms, tornadoes, flooding, mudslides, and landslides during the period of April 3-4, 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 Commonwealth of Kentucky. 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, W. Michael Moore, of FEMA is appointed to act as the Federal Coordinating Officer for this declared disaster. The following areas of the Commonwealth of Kentucky have been designated as adversely affected by this declared major disaster: Anderson, Crittenden, Fleming, Fulton, Hancock, Hopkins, Lewis, Livingston, McLean, Nicholas, Ohio, Spencer, and Woodford Counties for Public Assistance. All counties within the Commonwealth of Kentucky are eligible to apply for assistance under the Hazard Mitigation Grant Program. (The following Catalog of Federal Domestic Assistance
(CFDA)Numbers 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. E8-12005 Filed 5-28-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1756-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-1756-DR), dated May 14, 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: Notice is hereby given that, in a letter dated May 14, 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 beginning on May 10, 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 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 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, Justin A. Dombrowski, of FEMA is appointed to act as the Federal Coordinating Officer for this declared disaster. The following area of the State of Oklahoma has been designated as adversely affected by this declared major disaster: Ottawa County for Individual 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
(CFDA)Numbers 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. E8-11999 Filed 5-28-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5187-N-36] Data Collection for the Housing Counseling Outcome Evaluation AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget
(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. The study is designed to gather statistically accurate information on outcomes realized by clients of HUD-funded housing counseling agencies seeking assistance to either purchase a home (pre-purchase clients) or to resolve or prevent a mortgage delinquency (foreclosure mitigation clients). Up to 30 agencies receiving HUD-funding for housing counseling will be recruited to participate voluntarily in the study, with the goal of recruiting 1,000 pre-purchase and 1,000 foreclosure mitigation counseling clients. Each client participating in the study will be asked to complete a baseline questionnaire at the time they are enrolled in the study. Each counseling agency participating will be asked to complete service tracking surveys, for client each time that client is assisted, and counselor information surveys. DATES: *Comments Due Date: June 30, 2008.* ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2528-NEW) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail Lillian Deitzer at *Lillian_L_Deitzer@HUD.gov* or telephone
(202)402-8048. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Deitzer. SUPPLEMENTARY INFORMATION: This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the Information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This Notice Also Lists the Following Information *Title of Proposal:* Data Collection for the Housing Counseling Outcome Evaluation. *OMB Approval Number:* 2528-NEW. *Form Numbers:* None. *Description of the Need for the Information and its Proposed Use:* The study is designed to gather statistically accurate information on outcomes realized by clients of HUD-funded housing counseling agencies seeking assistance to either purchase a home (pre-purchase clients) or to resolve or prevent a mortgage delinquency (foreclosure mitigation clients). Up to 30 agencies receiving HUD-funding for housing counseling will be recruited to participate voluntarily in the study, with the goal of recruiting 1,000 pre-purchase and 1,000 foreclosure mitigation counseling clients. Each client participating in the study will be asked to complete a baseline questionnaire at the time they are enrolled in the study. Each counseling agency participating will be asked to complete service tracking surveys, for each client each time that client is assisted, and counselor information surveys. *Frequency of Submission:* On occasion, Other one time. Number of respondents Annual responses × Hours per response = Burden hours Reporting Burden 2,060 1 2.45 5,060 *Total Estimated Burden Hours:* 5,060. *Status:* New Collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: May 22, 2008. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E8-11897 Filed 5-28-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R8-ES-2008-N00134; 81430-1112-0000-F2] Proposed Low Effect Habitat Conservation Plan for the Maintenance and Operations on the Calnev 8-Inch and 14-Inch Pipelines, Cajon and Lytle Creek Wash, San Bernardino County, CA AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability. SUMMARY: Calnev Pipeline Company LLC (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 5-year incidental take permit for one covered species pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for “take” of the endangered San Bernardino kangaroo rat ( *Dipodomys Merriami parvus* ) associated with the proposed pipeline inspection and repair projects in the City of Rialto and unincorporated San Bernardino County, California. A conservation program to minimize and mitigate for the project activities would be implemented as described in the proposed Maintenance and Operations on the Calnev 8-inch and 14-inch Pipelines, Cajon and Lytle Creek Wash, San Bernardino County, California Habitat Conservation Plan (proposed HCP), which would be implemented by the applicant. We are requesting comments on the permit application and on the preliminary determination that the proposed HCP qualifies as a “Low-effect” Habitat Conservation Plan, eligible for a categorical exclusion under the National Environmental Policy Act
(NEPA)of 1969, as amended. The basis for this determination is discussed in the Environmental Action Statement
(EAS)and the associated Low Effect Screening Form, which are also available for public review. DATES: Written comments should be received on or before June 30, 2008. ADDRESSES: Comments should be addressed to the Field Supervisor, Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, California 92011. Written comments may be sent by facsimile to
(760)918-0638. FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES ); telephone:
(760)431-9440. SUPPLEMENTARY INFORMATION: Availability of Documents Individuals wishing copies of the application, proposed HCP, and EAS should immediately contact the Service by telephone at
(760)431-9440 or by letter to the Carlsbad Fish and Wildlife Office. Copies of the proposed HCP and EAS also are available for public inspection during regular business hours at the Carlsbad Fish and Wildlife Office [see ADDRESSES ]. Background Section 9 of the Act and its implementing Federal regulations prohibit the take of animal species listed as endangered or threatened. Take is defined under the Act as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect listed animal species, or attempt to engage in such conduct (16 U.S.C. 1538). However, under section 10(a) of the Act, the Service may issue permits to authorize incidental take of listed species. “Incidental take” is defined by the Act as take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Regulations governing incidental take permits for threatened and endangered species, respectively, are found in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32. The applicant is seeking a permit for take of the San Bernardino kangaroo rat during the life of the permit. This species is referred to as the “SBKR” in the proposed HCP. The SBKR is restricted western San Bernardino and Riverside counties. The applicant proposes to perform routine inspection and repair work along 8-inch and 14-inch petroleum product pipelines within the Lytle and Cajon Creek Wash in the City of Rialto and unincorporated San Bernardino County, California. The purpose of the project is to ensure safe and effective transfer of petroleum products within these pipelines. The applicant proposes to expose, inspect and repair pipelines as necessary to ensure safe and effective operations. Each dig will impact approximately 0.02 acre of land, and this permit would authorize a maximum of 0.5 acre of impact in total. We anticipate that some SBKR may be lost within the 0.5 acre of SBKR occupied habitat. The project is within designated critical habitat for the SBKR. The applicant proposes to minimize and mitigate the effects to the SBKR associated with the covered activities by fully implementing the HCP. The purpose of the proposed HCP's conservation program is to promote the biological conservation of the SBKR. The HCP includes measures to minimize impacts to SBKR by containing the project footprint, minimizing activities that may directly impact individual SBKR, and promoting recovery of impacted habitat. Impacts would be confined to previously impacted areas, and exposed areas would be replaced with the original soils and associated seed bank. The applicant proposes to mitigate impacts to the SBKR through purchase of 1 credit within the Cajon Creek Conservation Bank in San Bernardino County, California. For each individual repair project, the applicant would subtract from the credit at a 2:1 ratio such that no more than 0.5 acre of impact would be authorized by this permit. The Proposed Action consists of the issuance of an incidental take permit and implementation of the proposed HCP, which includes measures to minimize and mitigate impacts of the project on the SBKR. One alternative to the taking of the listed species under the Proposed Action is considered in the proposed HCP. Under the No Action Alternative, no permit would be issued, and no maintenance or conservation would occur. This Alternative was not chosen because it would result in no repairs or necessary maintenance to existing pipelines, which would increase the risk of impacts to the public, property, and environment. The Service has made a preliminary determination that approval of the proposed HCP qualifies as a categorical exclusion under NEPA, as provided by the Department of the Interior Manual (516 DM 2 Appendix 1 and 516 DM 6 Appendix 1) and as a “low-effect” plan as defined by the Habitat Conservation Planning Handbook (November 1996). Determination of Low-effect Habitat Conservation Plans is based on the following three criteria:
(1)Implementation of the proposed HCP would result in minor or negligible effects on federally listed, proposed, and candidate species and their habitats;
(2)Implementation of the proposed HCP would result in minor or negligible effects on other environmental values or resources; and
(3)Impacts of the proposed HCP, considered together with the impacts of other past, present and reasonably foreseeable similarly situated projects, would not result, over time, in cumulative effects to environmental values or resources which would be considered significant. Based upon this preliminary determination, we do not intend to prepare further NEPA documentation. We will consider public comments in making the final determination on whether to prepare such additional documentation. 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. This notice is provided pursuant to section 10(c) of the Act. We will evaluate the permit application, the proposed HCP, and comments submitted thereon to determine whether the application meets the requirements of section 10(a) of the Act. If the requirements are met, we will issue a permit to Calnev Pipeline Company, LLC for the incidental take of the San Bernardino kangaroo rat from petroleum pipeline repair and maintenance in the City of Rialto and unincorporated San Bernardino County, California. Dated: May 21, 2008. Jim A. Bartel, Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, California. [FR Doc. E8-11939 Filed 5-28-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Notice of Submission of Information Collection to the Office of Management and Budget for Reinstatement AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. SUMMARY: The Department of the Interior is submitting the information collection, titled the Bureau of Indian Education Higher Education Grant Application Form, OMB Control #1076-0101, for reinstatement. The Higher Education Grant Application Form needs to be reinstated because it expired during the renewal process. DATES: Submit comments on or before June 30, 2008. ADDRESSES: Submit comments on the information collection to the Desk Officer for the Department of the Interior, by facsimile at
(202)395-6566 or you may send an e-mail to: *OIRA_DOCKET@omb.eop.gov* . Send copies of comments to the Bureau of Indian Education, Department of the Interior, 1849 C Street, NW., MS 3609 MIB, Washington, DC 20240. FOR FURTHER INFORMATION CONTACT: You may request further information or obtain copies of the information collection request submission from Keith Neves, Bureau of Indian Education, 1849 C Street, NW., MS 3609 MIB, Washington, DC 20240, 202-208-3601. SUPPLEMENTARY INFORMATION: The Bureau of Indian Education Higher Education Grant Program Annual Report Form (OMB #1076-0106) was published in a 60 day comment notice which included the Higher Education Grant Application Form, OMB #1076-0101 on October 16, 2007 (72 FR 58680). A review of the Higher Education Grant Program Annual Report Form (OMB #1076-0106) determined the information collected no longer needs clearance because it is information already gathered under Higher Education Grant Application Form, OMB #1076-0101. Tribal employees, under Pub. L. 93-638 acting as Federal agents, prepared the report. The information collection under 1076-0101 is mandatory to be considered for a benefit. *Request for Comments:* The Bureau of Indian Education requests you to send your comments on this collection of information to the locations listed in the ADDRESSES section. Your comments should address:
(a)The necessity of this collection of information for the proper performance of the functions of the agency, including whether the collection of information will have practical utility;
(b)The accuracy of the agency's estimate of the burden (hours and costs) of the collection of information, including the validity of the methodology and assumptions used;
(c)Ways we could enhance the quality, utility and clarity of the information to be collected; and
(d)Ways we could minimize the burden of the collection of the information on the respondents, such as through the use of automated collection techniques or other forms of information technology. Please note that an agency may not sponsor nor request, and an individual need not respond to, a collection of information unless it has a valid OMB Control Number. It is our policy to make all comments available to the public for review at the Bureau of Indian Education location listed in the ADDRESSES section, room 3609, during the hours of 8 a.m. to 4 p.m. EDT, Monday through Friday except for legal holidays. Before including your address, telephone number, e-mail address or other personally identifiable information, be advised that your entire comment including your personally identifiable information may be made public at any time. While you may request that we withhold your personally identifiable information, we cannot guarantee that we will be able to do so. We do not consider anonymous comments. All comments from representatives of businesses or organizations will be made available for review. We may withhold comments from review for other reasons. OMB has up to 60 days to make a decision on the submission for renewal, but may make the decision after 30 days. Therefore, to receive the best consideration of your comments, you should submit them closer to 30 days than 60 days. *Title of the Collection of Information:* Bureau of Indian Education Higher Education Grant Application, 25 CFR 40. *OMB Control Number:* 1076-0101. *Type of Review:* Reinstatement. *Brief Description of the Collection of Information:* Respondents receiving a benefit must annually complete the form to demonstrate unmet financial need for consideration of a grant. *Respondents:* Tribal members and students. *Estimated Number of Respondents:* 14,000. *Estimated Time per Response:* 1 hour. *Proposed Frequency of Response:* Annual. *Total Annual Burden Hours:* 14,000 hours. Dated: May 19, 2008. Sanjeev “Sonny” Bhagowalia, Chief Information Officer—Indian Affairs. [FR Doc. E8-11959 Filed 5-28-08; 8:45 am] BILLING CODE 4310-6W-P DEPARTMENT OF THE INTERIOR National Park Service Notice of Intent to Repatriate Cultural Items: University of New Hampshire, Durham, NH AGENCY: National Park Service, Interior. ACTION: Notice. Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3005, of the intent to repatriate cultural items in the possession of the University of New Hampshire, Durham, NH, that meet the definition of “unassociated funerary objects” under 25 U.S.C. 3001. This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003 (d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the cultural items. The National Park Service is not responsible for the determinations in this notice. The University of New Hampshire has consulted with the Western Abenaki coalition representatives of the Abenaki Nation of New Hampshire, a non-federally recognized Indian group, and Cowasuck Band of the Pennacook-Abenaki People, a non-federally recognized Indian group. The University of New Hampshire also engaged Independent Archeological Consulting, LLC, which performed an inventory of the entire University of New Hampshire collection and issued a report in 2006. In March 1999, the New Hampshire Division of Historical Resources, acting on behalf of the University of New Hampshire and three other museums, presented a disposition proposal to the NAGPRA Review Committee for culturally unidentifiable Native American human remains. The Review Committee considered the proposal at its May 1999 meeting. On January 11, 2000, the Departmental Consulting Archeologist, writing on behalf of the Secretary of the Interior, transmitted the authorization to effect disposition. The published Notice of Inventory Completion for the disposition of the human remains to the Abenaki Nation of Missisquoi on behalf of a coalition of Western Abenaki groups, including the Abenaki Nation of New Hampshire and Cowasuck Band of the Pennacook-Abenaki People, non-federally recognized Indian groups, is in the **Federal Register** of July 9, 2002 (FR Doc 02-17090, pages 45536-45539). After disposition of the human remains, the University of New Hampshire found funerary objects that had been associated with the human remains. Under NAGPRA, 43 CFR 10.2 (d)(2)(ii), the funerary objects are now considered to be unassociated funerary objects. In 1975, human remains representing a minimum of four individuals were removed from the Rocks Road site (also known as the Seabrook Station site), Rockingham County, NH, during excavations by Dr. Charles Bolian of the University of New Hampshire. The human remains were transferred to the New Hampshire Division of Historical Resources for curation in 1999. No known individuals were identified. The human remains were repatriated to the Abenaki Nation of Missisquoi on behalf of a coalition of Western Abenaki groups. Subsequently, the University of New Hampshire discovered among its collections certain cultural items associated with these burials, but not previously reported. The 10 unassociated funerary objects are one lot of 4 pottery sherds and one lot of 6 lithic materials (including copper points recorded but missing). The University also discovered 13 boxes of soil infill from these burials. During consultation, representatives of the Abenaki Nation of New Hampshire, a non-federally recognized Indian group, and Cowasuck Band of the Pennacook-Abenaki People, a non-federally recognized Indian group, reviewed the collection and identified the cultural items as funerary objects associated with the Rocks Road burials. The Rocks Road site has a radiocarbon date from associated charcoal of 650 B.P. Archeological, historical, and ethnographic sources, along with oral traditions of the Western Abenaki, indicate that this portion of New Hampshire is within the aboriginal and historic homeland of the Western Abenaki from at least the Late Archaic period (4000-2000 B.C.) through the Historic period (post-A.D. 1500). The Eastern Abenaki and Wampanoag appear also to have cultural ties to coastal New Hampshire in the Historic period. In 1975, human remains representing a minimum of three individuals were removed from the Seabrook Marsh site in Seabrook, NH, by Dr. Charles Bolian and Brian Robinson of the University of New Hampshire. The human remains were transferred in 1999 to the New Hampshire Division of Historical Resources for curation. No known individuals were identified. The human remains were dispositioned to the Abenaki Nation of Missisquoi on behalf of a coalition of Western Abenaki groups. Subsequently, the University of New Hampshire discovered among its collections certain cultural items associated with these burials, but not previously reported. The 19 unassociated funerary objects are one lot of 10 lithic materials (including several rocks recorded but missing) and one lot of 9 faunal remains (not including swordfish swords reported but missing). During consultation, representatives of the Abenaki Nation of New Hampshire, a non-federally recognized Indian group, and Cowasuck Band of the Pennacook-Abenaki People, a non-federally recognized Indian group, reviewed the collection and identified the cultural items as funerary objects associated with the Seabrook Marsh burials. The Independent Archeological Consulting, LLC report speculates that one lithic artifact (a small quartzite blade of a projectile point) may be associated with one of the three burials and is included in the lot of lithic materials. The Seabrook Marsh site is dated to the Late Archaic period (4000-2000 B.C.) based on radiocarbon dating. Archeological, historical, and ethnographic sources, along with oral traditions of the Western Abenaki, indicate that this portion of New Hampshire is within the aboriginal and historic homeland of the Western Abenaki from at least the Late Archaic period (4000-2000 B.C.) through the Historic period (post-A.D. 1500). The Eastern Abenaki and Wampanoag appear also to have cultural ties to coastal New Hampshire in the Historic period. Officials of the University of New Hampshire have determined that, pursuant to 25 U.S.C. 3001 (3)(B), the 29 cultural items described above are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony and are believed, by a preponderance of the evidence, to have been removed from a specific burial site of a Native American individual. Officials of the University of New Hampshire also have determined that, pursuant to 25 U.S.C. 3001 (2), there is a relationship of shared group identity that can be reasonably traced between the unassociated funerary objects and the Abenaki Nation of New Hampshire, a non-federally recognized Indian group, and Cowasuck Band of the Pennacook-Abenaki People, a non-federally recognized Indian group. Representatives of any other Indian tribe that believes itself to be culturally affiliated with the unassociated funerary objects should contact Bruce Mallory, Provost and Executive Vice President, University of New Hampshire, Thompson Hall 207, Durham, NH 03824, telephone
(603)862-3290, before June 30, 2008. Disposition of the unassociated funerary objects to the Abenaki Nation of New Hampshire, a non-federally recognized Indian group, and the Cowasuck Band of the Pennacook-Abenaki People, a non-federally recognized Indian group, may proceed after that date if no additional claimants come forward. The University of New Hampshire is responsible for notifying the Aroostook Band of Micmac Indians of Maine; Houlton Band of Maliseet Indians of Maine; Mashpee Wampanoag Tribe; Passamadquoddy Tribe of Maine; Penobscot Tribe of Maine; Wampanoag Tribe of Gay Head (Aquinnah) of Massachusetts; Abenaki Nation of Missisquoi, non-federally recognized Indian group; Abenaki Nation of New Hampshire, non-federally recognized Indian group; Cowasuck Band of the Pennacook-Abenaki People, a non-federally recognized Indian group; First Nation of New Hampshire, a non-federally recognized Indian group; and Wampanoag Confederacy, a non-federally recognized Indian group, that this notice has been published. Dated: April 29, 2008 Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. E8-11989 Filed 5-28-08; 8:45 am] BILLING CODE 4312-50-S DEPARTMENT OF THE INTERIOR National Park Service Notice of Inventory Completion: Hastings Museum of Natural and Cultural History, Hastings, NE AGENCY: National Park Service, Interior. ACTION: Notice. Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains in the possession of Hastings Museum of Natural and Cultural History, Hastings, NE. The human remains were removed from Douglas County, NE. This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003 (d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice. A detailed assessment of the human remains was made by Hastings Museum of Natural and Cultural History professional staff in consultation with representatives of the Omaha Tribe of Nebraska; Otoe-Missouria Tribe of Indians, Oklahoma; Pawnee Nation of Oklahoma; Ponca Tribe of Indians of Oklahoma; Ponca Tribe of Nebraska; Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota; and Wichita and Affiliated Tribes (Wichita, Keechi, Waco & Tawakonie), Oklahoma. On an unknown date, human remains representing a minimum of three individuals were removed from unknown sites in the area of Omaha, Douglas County, NE. The human remains were donated to the Hastings Museum by A.M. Brooking and cataloged between 1926 and 1931 (03194, 03195, 03196). No known individuals were identified. No associated funerary objects are present. On an unknown date, human remains representing a minimum of one individual were removed from an unknown site in the area of Omaha, Douglas County, NE. The human remains were donated to the Hastings Museum by J.E. Wallace and cataloged between 1926 and 1931 (01611). No known individual was identified. No associated funerary objects are present. The above human remains have been identified in morphology reports as being of Native American descent. The region near Omaha has been occupied by numerous cultures that have been identified in the archeological records. These cultures include Plains Woodland, Central Plains Tradition, Oneota, and historic tribes of the Oto-Missouria and Omaha. Pawnee oral tradition states that the Central Plains Tradition people are ancestors to the Arikara and Pawnee, and possibly the Wichita. According to Pawnee oral history, the Plains Woodlands people are ancestors to the Pawnee, Mandan, Arikara, Hidatsa, and Crow. Oral history information has some of the people of Mill Creek staying behind and becoming part of the Central Plains Tradition based on common oral traditions through origin and corn stories. Museum officials have determined based on museum records, geographic location, Pawnee oral tradition, and anthropological research that the Central Plains Tradition people are ancestors to the Arikara and Pawnee, and possibly the Wichita. In addition, museum officials have determined based on museum records, geographic location, and oral tradition that the Plains Woodland people are ancestors of the Arikara, Crow, Hidatsa, Mandan, and Pawnee. Based on museum records, geographical location, and morphology reports, museum officials have determined that the human remains are possibly Plains Woodland, Central Plains Tradition, Oneota, Omaha, or Oto-Missiouria. Descendants of the Plains Woodland, Central Plains Tradition, Oneota, Omaha, or Oto-Missiouria are members of the Crow Tribe of Montana; Omaha Tribe of Nebraska; Otoe-Missouria Tribe of Indians, Oklahoma; Pawnee Nation of Oklahoma; Ponca Tribe of Indians of Oklahoma; Ponca Tribe of Nebraska; Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota; and Wichita and Affiliated Tribes, Oklahoma. The Arikara, Pawnee, and Wichita have entered into an agreement that human remains and funerary objects located between the Missouri River and the Smokey Hill River shall be claimed by the Pawnee Nation of Oklahoma. The Hidatsa have agreed that the Pawnee shall make the claim for the human remains and cultural items affiliated with the Plains Woodland from Nebraska. The Omaha Tribe of Nebraska; Otoe-Missouria Tribe of Indians, Oklahoma; Ponca Tribe of Indians of Oklahoma; and Ponca Tribe of Nebraska also have agreed to allow the Pawnee Nation of Oklahoma to claim the human remains. Officials of the Hastings Museum have determined that, pursuant to 25 U.S.C. 3001 (9-10), the human remains described above represent the physical remains of four individuals of Native American ancestry. Officials of the Hastings Museum also have determined that, pursuant to 25 U.S.C. 3001 (2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and the Crow Tribe of Montana; Omaha Tribe of Nebraska; Otoe-Missouria Tribe of Indians, Oklahoma; Pawnee Nation of Oklahoma; Ponca Tribe of Indians of Oklahoma; Ponca Tribe of Nebraska; Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota; and Wichita and Affiliated Tribes, Oklahoma. Representatives of any other Indian tribe that believes itself to be culturally affiliated with the human remains should contact Teresa Kreutzer-Hodson, Hastings Museum of Natural and Cultural History, 1330 N Burlington, PO Box 1286, Hastings, NE 68902, telephone
(402)461-2399, before June 30, 2008. Repatriation of the human remains to the Pawnee Nation of Oklahoma may proceed after that date if no additional claimants come forward. The Hastings Museum of Natural and Cultural History is responsible for notifying the Crow Tribe of Montana; Omaha Tribe of Nebraska; Otoe-Missouria Tribe of Indians, Oklahoma; Pawnee Nation of Oklahoma; Ponca Tribe of Indians of Oklahoma; Ponca Tribe of Nebraska; Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota; and Wichita and Affiliated Tribes, Oklahoma that this notice has been published. Dated: March 27, 2008 Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. E8-12000 Filed 5-28-08; 8:45 am] BILLING CODE 4312-50-S DEPARTMENT OF THE INTERIOR National Park Service Notice of Inventory Completion for Human Remains in the Possession of the Bernice Pauahi Bishop Museum, Honolulu, HI; Correction AGENCY: National Park Service, Interior. ACTION: Notice; correction. Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains in the possession and control of the Bishop Museum, Honolulu, HI. The human remains were removed from Lanai Island, HI. This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003 (d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice. This notice corrects the Native Hawaiian Organizations to whom the human remains will be repatriated. In the **Federal Register** of October 10, 2002 (FR Doc 02-25871, pages 63151-63152), paragraph numbers 6 and 7 are corrected by substituting the following paragraphs: Officials of the Bishop Museum have determined that, pursuant to 25 U.S.C. 3001 (9-10), the human remains described above represent the physical remains of two individuals of Native Hawaiian ancestry. Officials of the Bishop Museum also have determined that, pursuant to 25 U.S.C. 3001 (2), there is a relationship of shared group identity that can be reasonably traced between the Native Hawaiian human remains and Hui Kako`o and Hui Malama I Na Kupuna O Hawaii Nei. Lastly, officials of the Bishop Museum have determined that Hui Kako`o is the most appropriate claimant for repatriation of the human remains. Representatives of any other Native Hawaiian Organization that believes itself to be culturally affiliated with the human remains should contact Betty Lou Kam, Vice President, Cultural Studies, Bishop Museum, 1525 Bernice Street, Honolulu, HI 96817, telephone
(808)848-4144, before June 30, 2008. Repatriation to Hui Kako`o will proceed after that date if no additional claimants come forward. The Bishop Museum is responsible for notifying Hui Kako`o, Lana`i Island Burial Council, Hui Malama I Na Kupuna O Hawaii Nei, and Office of Hawaiian Affairs. Dated: April 23, 2008 Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. E8-12003 Filed 5-28-08; 8:45 am] BILLING CODE 4312-50-S DEPARTMENT OF THE INTERIOR National Park Service Notice of Inventory Completion: Robert S. Peabody Museum of Archaeology, Phillips Academy, Andover, MA AGENCY: National Park Service, Interior. ACTION: Notice. Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains in the possession of the Robert S. Peabody Museum of Archaeology at Phillips Academy, Andover, MA. The human remains were removed from Barnstable County, MA. This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003 (d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice. A detailed assessment of the human remains was made by Robert S. Peabody Museum of Archaeology professional staff in consultation with representatives of the Wampanoag Repatriation Confederation, on behalf of the Mashpee Wampanoag Tribe; Wampanoag Tribe of Gay Head (Aquinnah) of Massachusetts; and Assonet Band of the Wampanoag Nation, a non-federally recognized Indian group. In 1951, a human remain representing a minimum of one individual was removed from the Rich Site (19-BN-163) in Barnstable County, MA, by Harold Curtis. The human remains were transferred at an unknown date to Ross Moffett and later donated to the Robert S. Peabody Museum of Archaeology in 1969. No known individual was identified. No associated funerary objects are present. The isolated tooth documented in this inventory appears to come from the “black earth and shell” strata, an upper level of the site that is presumably a Middle Woodland/Late Woodland occupation. The Rich site (19-BN-163) is one of several sites on the Outer Cape that reflects a pattern of year-round occupation and increasing sedentism in the late Middle Woodland to the Late Woodland (Massachusetts Historical Commission 1987 Historic and Archaeological Resources of Cape Cod and the Islands). In addition to the area around Truro, where the Rich site is located, other comparable cores on the Outer Cape include Wellfleet Harbor and the Nauset area in Eastham. In each site, there is a concentration of settlement not previously seen in the archeological record and strong evidence for year-round occupation. This includes floral and faunal data, as well as an array of site locations (and orientations) in each core area that fits the known range of seasonally exploited resources (Francis P. McManamon, ed. Chapters in the Archaeology of Cape Cod, Volumes I and II, 1984). Concomitant with this evidence for year-round occupation are mortuary data that indicate a significantly different pattern than evident on earlier sites. This includes the use of defined cemeteries, as well as ossuaries, which elsewhere in the Northeast are strongly linked with sedentary, tribal people (McManamon, Bradley and Magennis, The Indian Neck Ossuary, 1986). This pattern appears to occur elsewhere along the southern end of the Gulf of Maine and along the southern New England coast to Narragansett Bay and possibly beyond, and first becomes visible during the late Middle Woodland and continues to characterize Wampanoag subsistence patterns throughout the Late Woodland/Contact Periods. Distinct patterns of material culture and distribution for late Middle Woodland/Late Woodland sites such as the Rich site have been documented by many researchers (Ross Moffett, “A Review of Cape Cod Archaeology,” Bulletin of the Massachusetts Historical Society, XIX(1) 1957; William Ritchie The Archaeology of Martha's Vineyard, 1969; McManamon 1984). “[T]he first intensive peopling of the Cape region” occurred during the Middle Woodland period and these sites were marked by “nearly all of the earlier shell heap and black midden accumulations” associated with grit-tempered pottery and stemmed points (Moffett 1957: 5). Although minor changes in ceramic form and decoration occur, current evidence indicates continuity rather than change in the material culture of late Middle Woodland through Late Woodland period sites (Ritchie 1969; McManamon 1984 I & II). The Massachusetts Historical Commission notes that the presence of Large Triangles is typical in Late Woodland Period assemblages (Michael J. Connolly, Historic and Archaeological Resources of Cape Cod and the Islands, 1987). Various European explorers and settlers documented the presence of Pokanoket (Wampanoag) people in southeastern Massachusetts, including Cape Cod during the late 16th and early 17th century. Historical sources used to identify Wellfleet inside Pamet/Wampanoag territory include William Wood, New England Prospect,1865; William Bradford, Of Plymouth Plantation, 1987; and Daniel Gookin, Historical Collections of the Indians in New England, 1970. Contemporary scholarship continues to document the presence of Wampanoag/Pamet people in this area including, Trigger, Bruce, ed., Handbook of North American Indians, v.15, 1978: 177-181, and Gibson, Susan B., ed., Burr's Hill: A Seventeenth Century Wampanoag Burial Ground in Warren, Rhode Island,1980. Wampanoag presence has also been demonstrated in the Massachusetts Historical Commissions two volumes on Cape Cod and Southeastern Massachusetts (Massachusetts Historical Commission 1982 Historic and Archaeological Resources of Southeast Massachusetts, and 1987 Historic and Archaeological Resources of Cape Cod and the Islands). Other critical sources that identify the Mashpee Wampanoag Tribe as the present-day descendants of these people include Russell Peters, The Wampanoags of Mashpee, 1987; William S. Simmons, Spirit of the New England Tribes: Indian History and Folklore, 1620-1984, 1986; and Jack Campisi, The Mashpee Indians: Tribe on Trial, 1991. Writing about the numerous Wampanoag communities throughout southeastern Massachusetts, William Simmons explains, “(F)rom the late seventeenth century to the early twentieth century, many of these enclaves either coalesced with others or simply died out, leaving two principal concentrations of Wampanoag at Gay Head on Martha's Vineyard and at Mashpee.” Russell Peters' text is an important document from the perspective of the Mashpee community documenting their continued existence as a tribe. The Mashpee Wampanoag Tribe; Wampanoag Tribe of Gay Head (Aquinnah) of Massachusetts; Assonet Band of the Wampanoag Nation, a non-federally recognized Indian group, and Wampanoag Repatriation Confederation, a non-federally recognized Indian group; provided verbal evidence during consultations for the Rich Site to have existed within the ancestral area of the Wampanoag. Officials of the Robert S. Peabody Museum of Archaeology have found, based on the preponderance of the evidence, including consultation evidence and scholarship, that a shared group identity can be reasonably traced between the inhabitants of the Rich site (19-BN-163) for the periods represented in the museum's collections and the present-day Wampanoag Tribes of Massachusetts. Officials of the Robert S. Peabody Museum of Archaeology have determined that, pursuant to 25 U.S.C. 3001 (9-10), the human remain described above represent the physical remains of one individual of Native American ancestry. Officials of the Robert S. Peabody Museum of Archaeology also have determined that, pursuant to 25 U.S.C. 3001 (2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and the Mashpee Wampanoag Tribe and Wampanoag Tribe of Gay Head (Aquinnah) of Massachusetts. Furthermore, officials of the Robert S. Peabody Museum of Archaeology have determined that there is a cultural relationship between the Native American human remains and the Assonet Band of the Wampanoag Nation, a non-federally recognized Indian group. Representatives of any other Indian tribe that believes itself to be culturally affiliated with the human remains should contact Malinda S. Blustain, Director, Robert S. Peabody Museum of Archaeology, Phillips Academy, Andover, MA 01810, telephone
(978)749-4490, before June 30, 2008. Repatriation of the human remains to the Wampanoag Repatriation Confederation on behalf of the Wampanoag Tribe of Gay Head (Aquinnah) of Massachusetts, Mashpee Wampanoag Tribe, and Assonet Band of the Wampanoag Nation, a non-federally recognized Indian group may proceed after that date if no additional claimants come forward. The Robert S. Peabody Museum of Archaeology is responsible for notifying the Mashpee Wampanoag Tribe; Wampanoag Tribe of Gay Head (Aquinnah) of Massachusetts; Assonet Band of the Wampanoag Nation, a non-federally recognized Indian group; and Wampanoag Repatriation Confederation, a non-federally recognized Indian group that this notice has been published. Dated: April 18, 2008 Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. E8-11993 Filed 5-28-08; 8:45 am] BILLING CODE 4312-50-S DEPARTMENT OF THE INTERIOR National Park Service Notice of Inventory Completion: Robert S. Peabody Museum of Archaeology, Phillips Academy, Andover, MA AGENCY: National Park Service, Interior. ACTION: Notice. Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects in the possession of the Robert S. Peabody Museum of Archaeology at Phillips Academy, Andover, MA. The human remains and associated funerary objects were removed from Maricopa County, AZ. This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003
(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice. A detailed assessment of the human remains was made by Robert S. Peabody Museum of Archaeology professional staff in consultation with representatives of the Ak Chin Indian Community of the Maricopa (Ak Chin) Indian Reservation, Arizona; Gila River Indian Community of the Gila River Indian Reservation, Arizona; Hopi Tribe of Arizona; Navajo Nation of Arizona, New Mexico & Utah; Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona; Tohono O'odham Nation of Arizona; and Zuni Tribe of the Zuni Reservation, New Mexico. In 1898, human remains representing a minimum of three individuals were removed from Kalfus Ruins, Maricopa County, AZ, by Warren K. Moorehead for Robert S. Peabody, whose collection later became the basis for the Robert S. Peabody Museum of Archaeology at its founding in 1901. No known individuals were identified. The two associated funerary objects are one red and black slipped bowl and one black-on-red cremation jar in which the human remains were found. Archeological evidence indicates Kalfus Ruins is a classic period Hohokam site in the center of what is commonly known as the heart of Hohokam occupation. Archeological evidence is supported by architectural forms, burial practices, and the associated funerary objects. In 1898, human remains representing a minimum of three individuals were removed from Ruins Five Miles South of Phoenix, Maricopa County, AZ, by Warren K. Moorehead for Robert S. Peabody. No known individuals were identified. The 109 associated funerary objects are 1 cremation jar, in which the human remains and the other associated funerary objects were found; 4 shark teeth; 1 lot of fragmentary faunal remains, some of which are calcined; 9 unmodified minerals; 1 possible slate palette fragment; 19 unmodified stones; 2 unmodified non-human teeth; 63 modified and unmodified shell fragments; 1 brachiopid fossil; 2 trilobite fossils; 2 crinoid stem fossils; 1 small ceramic cylinder; 1 possible projectile point stem; and 2 chert flakes. The Ruins Five Miles South of Phoenix site is located in the center of what is commonly known as the heart of Hohokam occupation. Archeological evidence is supported by architectural forms, burial practices, and the associated funerary objects. In 1898, human remains representing a minimum of one individual were removed from Ruins near Phoenix, Maricopa County, AZ, by Warren K. Moorehead for Robert S. Peabody. No known individual was identified. The 70 associated funerary objects are 8 fragmentary faunal remains, 3 ceramic sherds, and 59 shell fragments some of which are possibly beads. On an unknown date, human remains representing a minimum of one individual were found in a drawer of material from Southern Arizona which also contained shell beads from the “Ruins about Phoenix” site. It is reasonably believed to be the same site as “Ruins near Phoenix,” which was one of a number of adobe sites outside of Phoenix surveyed and excavated by Warren K. Moorehead in 1898 for Robert S. Peabody. The exact location of the site is unclear. The ledger notes do not mention any human remains found with shell beads. It is likely this tooth was separated from the other human remains from Ruins near Phoenix collected by Mr. Moorehead. No known individual was identified. No associated funerary objects are present. The Ruins near Phoenix site is located in the center of what is commonly known as the heart of Hohokam occupation. Archeological evidence is supported by architectural forms, burial practices, and the associated funerary objects. A relationship of shared group identity can be reasonably traced between Hohokam culture, which dates from about A.D. 300 to A.D. 1450, and the Ak Chin Indian Community of the Maricopa (Ak Chin) Indian Reservation, Arizona; Gila River Indian Community of the Gila River Indian Reservation, Arizona; Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona; and Tohono O'odham Nation of Arizona. These four Indian Tribes are one cultural group known as the O'odham (anthropologically known as the Pima and Papago.) The Piipaash (anthropologically known as the Maricopa) are a separate and distinct culture that is present in two of the four tribes. The four groups are separated by political boundaries designated through the adoption/assignment of reservations by the Federal Government, not by any cultural differences. The O'odham people commonly refer to their ancestors as “the Huhugam.” The term “Huhugam” refers to all of the ancestors from the first of the O'odham people to walk the earth to those who have perished during modern times. The term “Hohokam” is an English adaptation of the word Huhugam, and has become known in the larger society as an archeological culture. The term Huhugam is often mistaken for the word Hohokam, although the terms do not have the same meaning and are not interchangeable. The four O'odham Indian tribes claim cultural affiliation to the Hohokam archeological cultures, as well as to all others present in their aboriginal claims area during the time before European contact in what is known today as Arizona and Mexico. These affiliations include several other archeological cultures including (but not limited to) the Archaic, Paleo-Indian, Salado, Patayan, and Sinagua. A written report, “The Four Southern Tribes and the Hohokam of the Phoenix Basin,” provided to the museum by the Salt River Pima-Maricopa Indian Community provides a preponderance of evidence for a relationship of shared group identity between the Hohokam culture and the present-day O'odham. The evidence in the report is archeological, linguistic, oral tradition, ethnography, kinship, and biological. Linguistic evidence indicates that all the O'odham speak different dialects of the same Uto-Aztecan language. O'odham communities were historically recorded as living in the Gila River area by Jesuit missionaries in A.D. 1687. In the 1700s, when written records about the O'odam began, they occupied at least seven rancherias. At the time of European contact, the O'odham, who occupied land previously inhabited by the Hohokam, mirrored the Hohokam in many ways. The Hohokam were desert agriculturalists who developed an elaborate system of irrigation canals to irrigate their crops. At European contact the O'odham were documented to also be desert agriculturalist who utilized irrigation canals and rivers. Based on scientific evidence, scholars view the complex irrigation systems of the O'odham and the Hohokam as evidence for a cultural continuity between the two that involved the ability to control mass labor in order to construct and maintain these canals. The Hohokam had a distinct settlement pattern that consisted of small farmsteads scattered throughout the landscape. The O'odham practiced this same type of settlement pattern. There was a general architectural style through the Hohokam Period to the historic O'odham Period that exhibited a trend from quadrangular to round structures through time. A relationship of shared group identity can also reasonably be traced between Hohokam culture and the Hopi Tribe, as well as the Zuni Tribe. Based on O'odham oral tradition, some of the people occupying the Hohokam area migrated north and joined the Zuni and Hopi (“The Four Southern Tribes and the Hohokam of the Phoenix Basin”). On May 23, 1994, the Hopi Tribal Council issued Resolution H-70-94 declaring its formal cultural affinity and affiliation with the Hohokam cultural group. On June 26, 2006, official representatives of the Hopi Tribe restated Hopi's shared group identity with Hohokam culture. On July 11, 1995, the Zuni Tribe issued a “Statement of Cultural Affiliation with Prehistoric and Historic Cultures.” In the statement, the Zuni Tribe stated a relationship of shared group identity with Hohokam culture based on oral teachings and traditions, ethnohistoric documentation, historic documentation, archeological documentation, and other evidence. On June 19, 2006, official representatives of the Zuni Tribe described migration routes which may cross the Hohokam occupation area. Officials of the Robert S. Peabody Museum of Archaeology have determined that, pursuant to 25 U.S.C. 3001 (9-10), the human remains described above represent the physical remains of eight individuals of Native American ancestry. Officials of the Robert S. Peabody Museum of Archaeology also have determined that, pursuant to 25 U.S.C. 3001 (3)(A), the 181 objects described above are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony. Lastly, officials of the Robert S. Peabody Museum of Archaeology also have determined that, pursuant to 25 U.S.C. 3001 (2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and associated funerary objects and the Ak Chin Indian Community of the Maricopa (Ak Chin) Indian Reservation, Arizona; Gila River Indian Community of the Gila River Indian Reservation, Arizona; Hopi Tribe of Arizona; Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona; Tohono O'odham Nation of Arizona; and Zuni Tribe of the Zuni Reservation, New Mexico. Representatives of any other Indian tribe that believes itself to be culturally affiliated with the human remains and associated funerary objects should contact Malinda Blustain, Director, Robert S. Peabody Museum of Archaeology, Phillips Academy, 175 Main Street, Andover, MA 01810, telephone
(978)749-4493, before June 30, 2008. Repatriation of the human remains and associated funerary objects to the Ak Chin Indian Community of the Maricopa (Ak Chin) Indian Reservation, Arizona; Gila River Indian Community of the Gila River Indian Reservation, Arizona; Hopi Tribe of Arizona; Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona; Tohono O'odham Nation of Arizona; and Zuni Tribe of the Zuni Reservation, New Mexico may proceed after that date if no additional claimants come forward. The Robert S. Peabody Museum of Archaeology is responsible for notifying the Ak Chin Indian Community of the Maricopa (Ak Chin) Indian Reservation, Arizona; Gila River Indian Community of the Gila River Indian Reservation, Arizona; Hopi Tribe of Arizona; Navajo Nation of Arizona, New Mexico & Utah; Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona; Tohono O'odham Nation of Arizona; and Zuni Tribe of the Zuni Reservation, New Mexico that this notice has been published. Dated: April 24, 2008 Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. E8-12002 Filed 5-28-08; 8:45 am] BILLING CODE 4312-50-S DEPARTMENT OF THE INTERIOR National Park Service Notice of Inventory Completion: Texas Archeological Research Laboratory, The University of Texas at Austin, Austin, TX AGENCY: National Park Service, Interior. ACTION: Notice. Notice is here given in accordance with the Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, of the completion of the inventory of human remains in the possession of the Texas Archeological Research Laboratory, The University of Texas at Austin, Austin, TX. The human remains were removed from the Spiro site, 41LF42, LeFlore County, OK. This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003
(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice. A detailed assessment of the human remains was made by the Texas Archeological Research Laboratory, The University of Texas at Austin professional staff and representatives of the Caddo Nation of Oklahoma and Wichita and Affiliated Tribes (Wichita, Keechi, Waco & Tawakonie), Oklahoma. At an unknown date, human remains representing a minimum of one individual were removed from Craig Mound at the Spiro Site, 41LF42, LeFlore County, OK. The date and circumstances surrounding the removal is unknown, but probably relate to the looting of the site that was occurring at the time. In 1936, the human remains were donated to the Texas Memorial Museum at The University of Texas at Austin by W.A. Rikard. At an unknown date, the human remains were transferred to the collections at the Texas Archeological Research Laboratory. No known individual was identified. No associated funerary objects are present. It is believed by many archeologists that the Caddo and Wichita were both culturally descended from the Spiro peoples. The site is located within an area archeologically and ethnographically considered to have been occupied by a group ancestral to both the Caddo and Wichita. Based upon geographical, biological, archeological, historic evidence, and expert opinion, officials of the Texas Archeological Research Laboratory reasonably believe the Caddo and Wichita are culturally affiliated with the human remains. Descendants of the Caddo are members of the Caddo Nation of Oklahoma. Descendants of the Wichita are members of the Wichita and Affiliated Tribes, Oklahoma. Officials of the Texas Archeological Research Laboratory have determined that, pursuant to 25 U.S.C. 3001 (9-10), the human remains described above represent the physical remains of one individual of Native American ancestry. Officials of the Texas Archeological Research Laboratory also have determined that, pursuant to 25 U.S.C. 3001 (2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and the Caddo Nation of Oklahoma and Wichita and Affiliated Tribes, Oklahoma. Representatives of any other Indian tribe that believes itself to be culturally affiliated with the human remains should contact Dr. Darrell Creel, Director, Texas Archeological Research Laboratory, The University of Texas at Austin, 1 University Station R7500, Austin, TX 78712-0714, telephone
(512)471-6007, before June 30, 2008. Repatriation of the human remains to the Caddo Nation of Oklahoma and Wichita and Affiliated Tribes, Oklahoma may proceed after that date if no additional claimants come forward. The Texas Archeological Research Laboratory is responsible for notifying the Caddo Nation of Oklahoma and Wichita and Affiliated Tribes, Oklahoma that this notice has been published. Dated: March 31, 2008 Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. E8-11990 Filed 5-28-08; 8:45 am] BILLING CODE 4312-50-S DEPARTMENT OF THE INTERIOR National Park Service Notice of Inventory Completion: U.S. Department of the Interior, National Park Service, Effigy Mounds National Monument, Harpers Ferry, IA AGENCY: National Park Service, Interior. ACTION: Notice. Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains in the possession of the U.S. Department of the Interior, National Park Service, Effigy Mounds National Monument, Harpers Ferry, IA. The human remains were removed from Allamakee and Clayton Counties, IA. This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003 (d)(3). The determinations in this notice are the sole responsibility of the superintendent, Effigy Mounds National Monument. A detailed assessment of the human remains was made by Effigy Mounds National Monument professional staff and Iowa Office of the State Archeologist professional staff in consultation with representatives of the Ho-Chunk Nation of Wisconsin; Iowa Tribe of Kansas and Nebraska; Iowa Tribe of Oklahoma; Lower Sioux Indian Community in the State of Minnesota; Otoe-Missouria Tribe of Indians, Oklahoma; Prairie Island Indian Community in the State of Minnesota; Sac & Fox Nation of Missouri in Kansas and Nebraska; Sac & Fox Nation, Oklahoma; Sac & Fox Tribe of the Mississippi in Iowa; Shakopee Mdewakanton Sioux Community of Minnesota; Upper Sioux Community, Minnesota; and Winnebago Tribe of Nebraska. At an unknown date, human remains representing a minimum of two individuals were removed from Waukon Junction Rockshelter in Allamakee County, IA, by unknown persons. No further information regarding the site is known. No known individuals were identified. No associated funerary objects are present. At an unknown date, human remains representing a minimum of three individuals were removed from Marquette Rockshelter in Clayton County, IA, by unknown persons. No further information regarding the site is known. No known individuals were identified. No associated funerary objects are present. Officials of Effigy Mounds National Monument have determined that, pursuant to 25 U.S.C. 3001 (9-10), the human remains described above represent the physical remains of five individuals of Native American ancestry. Officials of Effigy Mounds National Monument also have determined that, pursuant to 25 U.S.C. 3001 (2), a relationship of shared group identity cannot reasonably be traced between the Native American human remains and any present-day Indian tribe. The Native American Graves Protection and Repatriation Review Committee (Review Committee) is responsible for recommending specific actions for disposition of culturally unidentifiable human remains. In September 2007, Effigy Mounds National Monument requested that the Review Committee recommend disposition of six culturally unidentifiable human remains to the Sac & Fox Nation of Missouri in Kansas and Nebraska; Sac & Fox Nation, Oklahoma; and Sac & Fox Tribe of the Mississippi in Iowa as the aboriginal occupants of the lands encompassing the present-day Effigy Mounds National Monument. One individual of the six referenced in the request has since been determined to be part of a repatriated bundle burial. Its inclusion in the request to the Review Committee was an error and it is not included in this notice. Effigy Mounds National Monument is located within the area covered by the Treaty of September 21, 1832 between the Sauk and Fox tribes and the United States (Stat. L. VII 374), and the national monument is located within the area covered by the November 23, 1973 final award of the Indian Claims Commission to the Sauk and Fox tribes (4 Ind. Cl. Comm. 367 [1957]). The Review Committee considered the proposal at its October 15-16, 2007 meeting and recommended disposition of the human remains to the Sac & Fox Nation of Missouri in Kansas and Nebraska; Sac & Fox Nation, Oklahoma; and Sac & Fox Tribe of the Mississippi in Iowa. A November 28, 2007, letter on behalf of the Secretary of the Interior from the Designated Federal Official, transmitted the authorization for the park to effect disposition of the physical remains of the culturally unidentifiable individuals to the three Indian tribes listed above contingent on the publication of a Notice of Inventory Completion in the **Federal Register** . This notice fulfills that requirement. Representatives of any other Indian tribe that believes itself to be culturally affiliated with the human remains should contact Phyllis Ewing, superintendent, Effigy Mounds National Monument, 151 HWY 76, Harpers Ferry, IA 52146, telephone
(563)873-3491, before June 30, 2008. Disposition of the human remains to the Sac & Fox Nation of Missouri in Kansas and Nebraska; Sac & Fox Nation, Oklahoma; and Sac & Fox Tribe of the Mississippi in Iowa may proceed after that date if no additional claimants come forward. Effigy Mounds National Monument is responsible for notifying the Ho-Chunk Nation of Wisconsin; Iowa Tribe of Kansas and Nebraska; Iowa Tribe of Oklahoma; Lower Sioux Indian Community in the State of Minnesota; Otoe-Missouria Tribe of Indians, Oklahoma; Prairie Island Indian Community in the State of Minnesota; Sac & Fox Nation of Missouri in Kansas and Nebraska; Sac & Fox Nation, Oklahoma; Sac & Fox Tribe of the Mississippi in Iowa; Shakopee Mdewakanton Sioux Community of Minnesota; Upper Sioux Community, Minnesota; and Winnebago Tribe of Nebraska that this notice has been published. Dated: April 18, 2008 Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. E8-11988 Filed 5-28-08; 8:45 am] BILLING CODE 4312-50-S DEPARTMENT OF THE INTERIOR National Park Service Notice of Inventory Completion: Oregon State University, Department of Anthropology, Corvallis, OR AGENCY: National Park Service, Interior. ACTION: Notice. Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains in the control of Oregon State University, Department of Anthropology, Corvallis, OR. The human remains were removed from Douglas County, OR. This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003 (d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice. A detailed assessment of the human remains was made by Oregon State University, Department of Anthropology professional staff in consultation with representatives of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians of Oregon. In the summer of 1978, human remains representing a minimum of one individual were removed from 35DO83 in Douglas County, OR. No known individual was identified. No associated funerary objects are present. Site 35DO83 was excavated on privately owned land by Oregon State University archeologists in conjunction with the Confederated Tribes of Coos, Lower Umpqua and Siuslaw of Oregon in 1978. The site includes a prehistoric component and well-documented Lower Umpqua village. Of the human remains discovered at the site, a femur and several teeth were returned to the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians of Oregon during the excavation. The three additional molars were found in the Department of Anthropology's archeology collections in winter 2007. Collection and site records, as well as consultation with archeologists and the tribe, indicate that the human remains are Native American. According to tribal consultation, 35DO83 is located within the ancestral territory of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians of Oregon as outlined in Resolution No. 910-010. The site holds significant archeological, oral history, and burial information for the tribes. Officials of the Oregon State University, Department of Anthropology have determined that, pursuant to 25 U.S.C. 3001 (9-10), the human remains described above represent the physical remains of one individual of Native American ancestry. Officials of the Oregon State University, Department of Anthropology also have determined that, pursuant to 25 U.S.C. 3001 (2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians of Oregon. Representatives of any other Indian tribe that believes itself to be culturally affiliated with the human remains should contact Dr. David McMurray, Oregon State University Department of Anthropology, 238 Waldo Hall, Corvallis, OR 97331, telephone
(541)737-45215, before June 30, 2008. Repatriation of the human remains to the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians of Oregon may proceed after that date if no additional claimants come forward. Oregon State University, Department of Anthropology is responsible for notifying the Burns Paiute Tribe of the Burns Paiute Indian Colony of Oregon; Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians of Oregon; Confederated Tribes of the Grand Ronde Community of Oregon; Confederated Tribes of the Siletz Reservation, Oregon; Confederated Tribes of the Umatilla Indian Reservation, Oregon; Confederated Tribes of the Warm Springs Reservation of Oregon; Coquille Tribe of Oregon; Cow Creek Band of Umpqua Indians of Oregon; Klamath Tribes, Oregon; and Shoalwater Bay Tribe of the Shoalwater Bay Indian Reservation, Washington that this notice has been published. Dated: March 31, 2008 Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. E8-11991 Filed 5-28-08; 8:45 am] BILLING CODE 4312-50-S DEPARTMENT OF THE INTERIOR Bureau of Reclamation Opening an Area to Off Road Vehicle Use on Bureau of Reclamation Lands at Belle Fourche Reservoir, SD AGENCY: Bureau of Reclamation, DOI. ACTION: Notice. SUMMARY: In accordance with 43 CFR 420 “Off Road Vehicle Use”, the Bureau of Reclamation is opening a 35 acre area to off-road-vehicle
(ORV)use at Belle Fourche Reservoir. The legal description of the ORV area is: T. 9 N., R. 4 E., Section 18, SE1/4 NE1/4 and NE1/4 SE1/4. The ORV area will allow Reclamation to direct and concentrate ORV use and effectively enforce elimination of unmanaged ORV use at other areas of the reservoir. The ORV area would be open to dirt bikes and 4-wheelers and other similar size vehicles but not to full size vehicles. Reclamation will provide for law enforcement patrols and inspections of the area. Regulations for the ORV area will be posted at the entrance. The perimeter will be marked by signs or fences. ORV use will only be allowed within this area. Outside of the ORV area, motorized vehicles will be restricted to established gravel or paved roads and must be legally licensed and operated by a licensed driver in accordance with South Dakota State law. The regulations for the Belle Fourche Reservoir ORV area are as follows: *Requirements—vehicles:* Each off-road vehicle that is operated on Reclamation lands shall meet the following requirements:
(a)It shall conform to applicable State laws and vehicle registration requirements.
(b)It shall be equipped with a proper muffler and spark arrestor in good working order and in constant operation. The spark arrestor must conform to Forest Service Spark Arrestor Standard 5100-1a, and there shall be no muffler cutout, bypass, or similar device.
(c)It shall have adequate brakes and, for operation from dusk to dawn, working headlights and taillights. *Requirements—operators:*
(a)Operators shall comply with any applicable State laws pertaining to off-road vehicles.
(b)Each operator of an off-road vehicle operated on Reclamation lands shall possess a valid motor vehicle operator's permit or license; or, if no permit or license is held, he/she shall be accompanied by or under the immediate supervision of a person holding a valid permit or license.
(c)During the operation of snowmobiles, trail bikes, and any other off road vehicle the operator shall wear safety equipment, generally accepted or prescribed by applicable State law or local ordinance for use of the particular activity in which he/she is participating.
(d)No person may operate an off-road vehicle
(1)in a reckless, careless or negligent manner;
(2)in excess of established speed limits;
(3)while under the influence of alcohol or drugs;
(4)in a manner likely to cause irreparable damage or disturbance of the land, wildlife, vegetative resources, or archeological and historic values of resources; or
(5)in a manner likely to become an unreasonable nuisance to other users of Reclamation or adjacent lands. DATES: The ORV Area will be open for public use by May 23, 2008. ADDRESSES: Copies of the public scoping notice that was issued for this proposal, map of the ORV area, and copies of the regulations can be obtained by writing to: Area Manager, Bureau of Reclamation, Dakotas Area Office, P.O. Box 1017, Bismarck, ND 58502. FOR FURTHER INFORMATION CONTACT: Joseph E. Hall, Chief, Resource Management Division, Bureau of Reclamation, Dakotas Area Office, P.O. Box 1017, Bismarck, ND 58502; Telephone: 701-221-1208; or Fax to 701-250-4326. SUPPLEMENTARY INFORMATION: The public has been notified of this action through scoping letters sent to agencies, adjacent landowners, and other interested individuals, newspaper articles, and a public presentation. Reclamation will inspect the ORV area regularly in accordance with 43 CFR 420.21(c). The ORV area shall be closed if it is causing adverse effects on the soil, vegetation, wildlife, wildlife habitat, or cultural or historical resources. It also shall be monitored to determine if it is adversely affecting water delivery from Belle Fourche Reservoir, adjacent landowners, or other uses of the reservoir. Dated: May 22, 2008. Dennis E. Breitzman, Area Manager, Dakotas Area Office. [FR Doc. E8-11960 Filed 5-28-08; 8:45 am] BILLING CODE 4310-MN-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request May 19, 2008. The Department of Labor
(DOL)hereby announces the submission of the following public information collection requests
(ICR)to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of each ICR, with applicable supporting documentation; including among other things a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site at *http://www.reginfo.gov/public/do/PRAMain* or by contacting Darrin King on 202-693-4129 (this is not a toll-free number) / e-mail: *king.darrin@dol.gov.* Interested parties are encouraged to send comments to the Office of Information and Regulatory Affairs, Attn: Bridget Dooling, OMB Desk Officer for the Employment Standards Administration (ESA), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-7316 / Fax: 202-395-6974 (these are not toll-free numbers), e-mail: *OIRA_submission@omb.eop.gov* within 30 days from the date of this publication in the **Federal Register** . In order to ensure the appropriate consideration, comments should reference the OMB Control Number (see below). The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Agency:* Employment Standards Administration. *Type of Review:* Extension without change of a currently approved collection. *Title of Collection:* Housing Terms and Conditions for MSPA Workers. *OMB Control Number:* 1215-0146. *Form Numbers:* WH-521. *Total Estimated Number of Respondents:* 1,300. *Total Estimated Annual Burden Hours:* 650. *Total Estimated Annual Cost Burden:* $0. *Affected Public:* Farms. *Description:* Migrant and Seasonal Agricultural Worker Protection Act
(MSPA)section 201(c) requires all Farm Labor Contractors (FLCs), Agricultural Employers (AGERs), and Agricultural Associations (AGASs) providing housing to any migrant agricultural worker to post in a conspicuous place at the site of the housing, or present to the migrant worker, a written statement of any housing occupancy terms and conditions. See 29 U.S.C. 1821(c); 29 CFR 500.75(f). In addition, MSPA section 201(g) requires these FLCs, AGERs, and AGASs to give such information in English, or as necessary and reasonable, in a language common to the workers. See 29 U.S.C. 1821(g); 29 CFR 500.1(i)(2), .75(a), (f)-(g). This provision also requires the Department of Labor
(DOL)to make optional forms available to provide the required disclosures. See 29 U.S.C. 1821(g); 29 CFR 500.1(i)(2), .75(a), (g). The Wage and Hour Division
(WHD)of the DOL created optional Form WH-521 to provide an easy method for FLCs, AGERs, and AGASs to post at the site of the housing or present MSPA housing terms and conditions to migrant agricultural workers, as required under the Act. Among other things, the form specifically identifies the name and address of the entity providing the housing, the name of the person in charge of the housing, and any charges for the housing, utilities, and meals. The form also ensures that workers receive information that enables them to understand the terms and conditions under which they may occupy the housing, as the MSPA requires. The WHD publishes Form WH-521 in English and Spanish. For additional information, see related notice published at 73 FR 10470 on February 27, 2008. *Agency:* Employment Standards Administration. *Type of Review:* Extension without change of a currently approved collection. *Title of Collection:* Rehabilitation Plan and Award. *OMB Control Number:* 1215-0182. *Form Numbers:* OWCP-44. *Total Estimated Number of Respondents:* 7,000. *Total Estimated Annual Burden Hours:* 1,169. *Total Estimated Annual Cost Burden:* $0. *Affected Public:* Business or other for-profit. *Description:* The Form OWCP-44 is the form used to report the status of a rehabilitation case, submitted by the contractor vocational rehabilitation counselor during an ongoing vocational rehabilitation effort, and to request prompt adjudicatory claims action based on events arising during that effort. For additional information, see related notice published at 73 FR 9358 on February 20, 2008. Darrin A. King, Acting Departmental Clearance Officer. [FR Doc. E8-11896 Filed 5-28-08; 8:45 am] BILLING CODE 4510-CF-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-63,093] Saint-Gobain Vetrotex America, Including On-Site Leased Workers From Industrial Outsourcing, Wichita Falls, TX; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Negative Determination Regarding Eligibility To Apply for Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Negative Determination Regarding Eligibility to Apply for Alternative Trade Adjustment Assistance on April 25, 2008, applicable to workers of Saint-Gobain Vetrotex America, Wichita Falls, Texas. The notice was published in the **Federal Register** on May 13, 2008 (73 FR 27560). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of continuous strand fiberglass products. New information shows that leased workers of Industrial Outsourcing were employed on-site at the Wichita Falls, Texas location of Saint-Gobain Vetrotex America. The Department has determined that these workers were sufficiently under the control of the subject firm to be considered leased workers. Based on these findings, the Department is amending this certification to include leased workers of Industrial Outsourcing working on-site at the Wichita Falls, Texas location of the subject firm. The intent of the Department's certification is to include all workers employed at Saint-Gobain Vetrotex America, Wichita Falls, Texas who were adversely affected by increased imports. The amended notice applicable to TA-W-63,093 is hereby issued as follows: “All workers of Saint-Gobain Vetrotex America, including on-site leased workers from Industrial Outsourcing, Wichita Falls, Texas, who became totally or partially separated from employment on or after March 19, 2007, through April 25, 2010, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974.” and I further determine that all workers of Saint-Gobain Vetrotex America, including on-site leased workers from Industrial Outsourcing, Wichita Falls, Texas, are denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed at Washington, DC this 21st day of May 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-11904 Filed 5-28-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA-W) number and alternative trade adjustment assistance
(ATAA)by (TA-W) number issued during the period of May 12 through May 16, 2008. In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. Section (a)(2)(A) all of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and C. Increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers' separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B) both of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. There has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. One of the following must be satisfied: 1. The country to which the workers' firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. The country to which the workers' firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. There has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. Also, in order for an affirmative determination to be made for secondarily affected workers of a firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(b) of the Act must be met.
(1)Significant number or proportion of the workers in the workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated;
(2)The workers' firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and
(3)Either—
(A)The workers' firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph
(2)accounted for at least 20 percent of the production or sales of the workers' firm; or
(B)A loss or business by the workers' firm with the firm (or subdivision) described in paragraph
(2)contributed importantly to the workers' separation or threat of separation. In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA)for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met. 1. Whether a significant number of workers in the workers' firm are 50 years of age or older. 2. Whether the workers in the workers' firm possess skills that are not easily transferable. 3. The competitive conditions within the workers' industry (i.e., conditions within the industry are adverse). Affirmative Determinations for Worker Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) of the Trade Act have been met. None. The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) of the Trade Act have been met. None. The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met. None. The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) of the Trade Act have been met. None. Affirmative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. TA-W-62,869; Columbia Lighting, A Division of Hubbel Lighting, Spokane, WA: August 20, 2007. TA-W-63,040; Thos. Moser Cabinetmakers, Auburn, ME:March 17, 2007. TA-W-63,141; GEA Bloomington Production Operations, LLC, A Subsidiary of General Electric, Bloomington, IN:April 3, 2007. TA-W-63,257; Webb Wheel Products, A Subsidiary of The Marmon Group, OES Business Unit, Silam Springs, AR:April 25, 2007. TA-W-63,269; Daimler Trucks North America, LLC, A Subsidiary of Daimler A.G., Freightline Trucks Division, Cleveland, NC: April 22, 2007. TA-W-63,314; MJ Wood Products, Inc., dba Vermont Precision Woodworks, Morrisville, VT: May 5, 2007. TA-W-62,807; Magna Donnelly Engineered Glass, Holland Windows Division, On-Site Leased Workers of Manpower,Holland, MI: February 5, 2007. TA-W-62,833; MegTec Systems, Inc., A Subsidiary of Sequa Corporation, DePere, WI: February 11, 2007. TA-W-63,070; Alamac American Knits LLC, Lumberton, NC:March 18, 2007. The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. TA-W-62,992; Rain Bird Corporation, Commercial Manufacturing Division, Tucson, AZ: March 6, 2007. TA-W-63,140; IntriCon Tibbetts Corporation, Division of IntriCon Corporation, Camden, ME: April 1, 2007. TA-W-63,149; Astro Air L.P., Division of Luvata Granada LLC, Jacksonville, TX: March 5, 2007. TA-W-63,155; Amphenol-TCS, A Subsidiary of Amphenol Corporation, Nashua, NH: March 11, 2007. TA-W-63,210; Parkview Metal Products, LLC, On-Site Leased Workers From Kelly Services, Las Cruces, NM:April 8, 2007. TA-W-63,242; Perry Marketing Corporation, A Division of Perry Manufacturing Co., Miami, FL: April 23, 2007. TA-W-63,252; LSI Corporation, On-Site Leased Workers From The Arnold Group, Spherion, Volt and Staffmark, Wichita, KS: April 24, 2007. TA-W-63,258; Pass and Seymour/Legrand, Workers Producing Turnlok Receptacles, Whitsett, NC: April 25, 2007. TA-W-63,265; Intel Corporation, California Technology and Manufacturing Group, Santa Clara, CA: April 24, 2007. TA-W-63,301; Quebecor World Northeast Graphics, Inc., Workers of Ahead Human Resources, North Haven, CT:May 2, 2007. TA-W-63,337; Adapt Identification, Marlboro, NJ: May 7, 2007. TA-W-63,338; Crane Plumbing, LLC, Dallas Acrylic Plant, Dallas, TX: April 23, 2007. TA-W-63,236; Avaya, Inc., Unified Communications Division, Information Solutions, Organization, Westminster, CO:April 22, 2007. TA-W-63,244; RFMD, Gallimore Dairy Road Test Operations, Greensboro, NC: April 24, 2007. TA-W-63,322; ATP Manufacturing, LLC, A Subsidiary of Newgrange Group, LLC, North Smithfield, RI: May 5,2007. TA-W-63,323; J-Sport Company, Millersburg, OH: May 5, 2007. The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. TA-W-63,111; Brodnax Mills, Inc., Brodnax, VA: March 31, 2007. TA-W-63,292; Syncreon-US, Formerly Know as TDS.US, Jefferson North Assembly Operation, Detroit, MI:April 29, 2007. The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) and Section 246(a)(3)(A)(ii) of the Trade Act have been met.None. Negative Determinations for Alternative Trade Adjustment Assistance In the following cases, it has been determined that the requirements of 246(a)(3)(A)(ii) have not been met for the reasons specified. The Department has determined that criterion
(1)of Section 246 has not been met. The firm does not have a significant number of workers 50 years of age or older.None. The Department has determined that criterion
(2)of Section 246 has not been met. Workers at the firm possess skills that are easily transferable. None. The Department has determined that criterion
(3)of Section 246 has not been met. Competition conditions within the workers' industry are not adverse. None. Negative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In the following cases, the investigation revealed that the eligibility criteria for worker adjustment assistance have not been met for the reasons specified. Because the workers of the firm are not eligible to apply for TAA, the workers cannot be certified eligible for ATAA. The investigation revealed that criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) (employment decline) have not been met. None. The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. TA-W-63,004; James Hardie Building Products, Inc., Blandon, PA. The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. TA-W-62,284; Parker Hannifin Corporation, Hose Products Division, Eastlake, OH. TA-W-62,802; Shorewood Packaging Corporation, A Subsidiary of International Paper, Home Entertainment Division,Edison, NJ. TA-W-62,815; R and G Mold and Engineering, Inc., Grandville, MI. TA-W-63,011; B. Walter and Company, Wabash, IN. TA-W-63,080; Chrysler, LLC, Belvidere Assembly Plant, Belvidere, IL. TA-W-63,119; Permacel St. Louis, Inc., St. Louis, MO. TA-W-63,291; Highland Metals Distribution, Inc., dba Tanks Manufacturing, LLC, Lakeview, OR. The workers' firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. TA-W-62,842; Norton Lumber Company, Inc., White City, OR. TA-W-62,955; Pitney Bowes, Tech Central Infrastructure and Support Services, Danbury, CT. TA-W-63,134; Dutch Mundy Chevrolet, Independence, VA. TA-W-63,193; JP Morgan Chase and Co., JP Morgan Asset Management, Fiduciary Administration—Court Accounting,Troy, MI. TA-W-63,280; Sears Holdings Management Company, Tucker Support Center, Tucker, GA. TA-W-63,281; J. L. Bray and Son, Inc., Salida, CA. The investigation revealed that criteria of Section 222(b)(2) has not been met. The workers' firm (or subdivision) is not a supplier to or a downstream producer for a firm whose workers were certified eligible to apply for TAA. None. I hereby certify that the aforementioned determinations were issued during the period of May 12 through May 16, 2008. Copies of these determinations are available for inspection in Room C-5311, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address. Dated: May 21, 2008. Linda G. Poole, Certifying Officer, Division Of Trade Adjustment Assistance. [FR Doc. E8-11902 Filed 5-28-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance Petitions have been filed with the Secretary of Labor under Section 221(a) of the Trade Act of 1974 (“the Act”) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to Section 221(a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than June 9, 2008. Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than June 9, 2008. The petitions filed in this case are available for inspection at the Office of the Director, Division of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room C-5311, 200 Constitution Avenue, NW., Washington, DC 20210. Signed at Washington, DC, this 21st day of May 2008. Erin FitzGerald, Acting Director, Division of Trade Adjustment Assistance. Appendix [TAA petitions instituted between 5/12/08 and 5/16/08] TA-W Subject firm (petitioners) Location Date of institution Date of petition 63362 Mavrick Metal Stamping, Inc. (State) Mancelona, MI 05/12/08 04/24/07 63363 Times Fiber Communications
(Comp)Chatham, VA 05/12/08 05/09/08 63364 Domtar Industries, Inc.
(Comp)Nekoosa, WI 05/12/08 05/09/08 63365 Pentair Filtration, Inc. (IUECWA) Sheboygan, WI 05/12/08 05/09/08 63366 Tetra Pak (State) Minneapolis, MN 05/12/08 05/09/08 63367 Novatech Electro Luminescent (State) Chino, CA 05/12/08 05/06/08 63368 Eco Building Systems/Oxford Homes
(Wkrs)Oxford, ME 05/12/08 05/09/08 63369 Wisconsin Die Casting
(Comp)Milwaukee, WI 05/12/08 04/28/08 63370 Ranger Ind. Inc.
(Wkrs)Tinton Falls, NJ 05/12/08 05/06/08 63371 Sumitomo Electric Wintec America
(Comp)Edmonton, KY 05/12/08 05/09/08 63372 Frank L. Wells Company/Wellsco Controls, Inc.
(Wkrs)Kenosha, WI 05/13/08 05/12/08 63373 The Stinehour Press, LLC
(Comp)Lunenburg, VT 05/13/08 05/12/08 63374 Mount Vernon Mills, Trion Denim Mill (State) Trion, GA 05/13/08 05/12/08 63375 Boston Coach
(Wkrs)Everett, MA 05/13/08 05/09/08 63376 Oxford Furniture Company, Inc.
(Wkrs)Ecru, MS 05/13/08 05/06/08 63377 Agilent Technologies (State) Santa Rosa, CA 05/14/08 05/12/08 63378 SL Montevideo Technology, Inc. (State) Montevideo, MN 05/14/08 05/09/08 63379 Plastech (State) Shreveport, LA 05/14/08 05/12/08 63380 La-z-Boy Utah of LZB Manufacturing, Inc.
(Comp)Tremonton, UT 05/14/08 05/13/08 63381 Merix Forest Grove (State) Forest Grove, OR 05/14/08 05/12/08 63382 Stanley/National
(Wkrs)Sterling, FL 05/14/08 05/08/08 63383 WT Solutions
(Wkrs)St. Johnsbury, VT 05/14/08 05/05/08 63384 Invensys Appliance Controls
(Wkrs)West Plains, MO 05/14/08 05/01/08 63385 Cadence Innovation
(Wkrs)Troy, MI 05/14/08 05/12/08 63386 Carm Newsome Hosiery, Inc.
(Comp)Fort Payne, AL 05/15/08 04/30/08 63387 Todco Division
(Wkrs)Fresno, CA 05/15/08 05/14/08 63388 The News and Observer Publishing Company
(Comp)Raleigh, NC 05/15/08 05/14/08 63389 The Apparel Group/Chaseline
(Wkrs)Reidsville, NC 05/15/08 05/12/08 63390 Hickory Business Furniture, Inc.
(Wkrs)Hickory, NC 05/15/08 05/14/08 63391 Pope and Talbot (AFLCIO) Halsey, OR 05/15/08 05/13/08 63392 First American Real Estate Tax Service
(Wkrs)Exton, PA 05/15/08 05/12/08 63393 Fawn Plastics
(Comp)Middlesex, NC 05/15/08 05/14/08 63394 Serigraph, Inc.
(Wkrs)West Bend, WI 05/16/08 05/13/08 63395 Connector Products
(Rep)Rolling Meadows, IL 05/16/08 05/15/08 63396 Panasonic Electronic Devices Corporation of America
(Comp)Knoxville, TN 05/16/08 05/15/08 63397 Skyline Corporation (State) Bossier City, LA 05/16/08 05/12/08 63398 Chromalox
(Comp)Orfordville, WI 05/16/08 05/14/08 63399 Kik Custom Products, Inc.
(Comp)Cumberland, RI 05/16/08 05/12/08 63400 Gateway, Inc.
(Comp)North Sioux City, SD 05/16/08 05/14/08 [FR Doc. E8-11901 Filed 5-28-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-63,386] Carm Newsome Hosiery; Fort Payne, AL; Notice of Termination of Investigation In accordance with Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on May 15, 2008 in response to a petition filed by a company official on behalf of workers of Carm Newsome Hosiery, Inc., Fort Payne, Alabama. The Department issued a negative determination (TA-W-63,029) applicable to the petitioning group of workers on May 6, 2008. The investigative period of that determination and the present case are the same, and no new information or change in circumstances is evident which would result in a reversal of the Department's previous determination. Consequently, further investigation would serve no purpose, and the investigation has been terminated. Signed in Washington, DC, this 21st day of May 2008. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-11900 Filed 5-28-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,202] CCC Associates, Eurocast Division, Montgomery, AL; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on September 26, 2007, in response to a worker petition filed by a company official on behalf of workers of CCC Associates, Eurocast Division, Montgomery, Alabama. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 4th day of October 2007. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-11903 Filed 5-28-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-63,165] Maco Steel, Inc.; Belmont, MI; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on April 9, 2008, in response to a petition filed on behalf of workers at Maco Steel, Inc., Belmont, Michigan. The petition dated March 27, 2008, regarding the investigation has been deemed invalid. In order to establish a valid petition, there must be at least three petitioners who were terminated no more than one year from the petition date. On further review, it became apparent that two of the three workers who signed the subject petition were terminated in 2006, more than one year from the date on the petition. Consequently, the investigation has been terminated. Signed at Washington, DC, this 21st day of May 2008. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-11905 Filed 5-28-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-63,213] Mitsubishi Kagaku Imaging Corporation; Chesapeake, VA; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on April 18, 2008, in response to a petition filed by a company official on behalf of workers at Mitsubishi Kagaku Imaging Corporation, Chesapeake, Virginia. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 20th day of May 2008. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-11907 Filed 5-28-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-63,182] Stark Candy Company, a Division of New England Confectionary Company, Pewaukee, WI; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on April 14, 2008 in response to a worker petition filed by a company official on behalf of workers of Stark Candy Company, a division of New England Confectionary Company, Pewaukee, Wisconsin. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 20th day of May 2008. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-11906 Filed 5-28-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-63,320] Wyeth Company: Andover, MA; Cambridge, MA; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on May 6, 2008 in response to a worker petition filed by the Massachusetts Workforce Development on behalf of workers at Wyeth Company, Andover and Cambridge, Massachusetts. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 21st day of May 2008. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-11908 Filed 5-28-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment Standards Administration Proposed Revision of the Approval of Information Collection Requirements ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment Standards Administration is soliciting comments concerning the proposal to extend OMB approval of the information collection issued OMB Control Number 1215-0032 (Application for Authority to Employ Full-Time Students at Subminimum Wages in Retail/Service Establishments or Agriculture) and to combine it with the information collection controlled under number 1215-0080 (Application for Authority for an Institution of Higher Education to Employ Its Full-Time Students at Subminimum Wages Under Regulations 29 CFR Part 519). The title of the revised information collection will be: Applications to Employ Full-time Students at Subminimum Wages in Retail or Service Establishments, Agriculture, and Institutions of Higher Education (WH-200, WH-201, WH-202). A copy of the revised information collection request can be obtained by contacting the office listed below in the addresses section of this Notice. DATES: Written comments must be submitted to the office listed in the addresses section below on or before July 28, 2008. ADDRESSES: Ms. Hazel Bell, U.S. Department of Labor, 200 Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone
(202)693-0419, fax
(202)693-1451, E-mail *bell.hazel@dol.gov.* Please use only one method of transmission for comments (mail, fax, or E-mail). SUPPLEMENTARY INFORMATION *I. Background:* Fair Labor Standards Act
(FLSA)sections 14(b)(1)-(3), 29 U.S.C. 214(b)(1)-(3), require the Secretary of Labor, to the extent necessary to prevent curtailment of opportunities for employment, to provide certificates authorizing the employment of full-time students at not less than 85 percent of the applicable minimum wage or less than $1.60, whichever is higher, in
(1)retail or service establishments and agriculture ( *See* 29 CFR 519.1(a)); and
(2)institutions of higher education ( *See* 29 CFR 519.11(a)). These provisions set limits on such employment as well as prescribe safeguards to protect the full-time students so employed and the full-time employment opportunities of other workers. *See* 29 CFR 519.1(b), 519.11(b). Forms WH-200, WH-201, and WH-202 are voluntary-use application forms an authorized representative of an employer may prepare and sign to request a certificate authorizing the employment of full-time students at subminimum wages. Form WH-200 requests authority to employ more than six full-time students at subminimum wages at a named establishment in a monthly amount not exceeding
(1)10 percent of the total monthly hours worked by all employees of that establishment or
(2)specific percentages, based on historic employment data, of total employee hours. Form WH-202 requests authority to employ up to six full-time students at subminimum wages throughout the employer's enterprise on any given day. Form WH-201 requests authority for an institution of higher education to pay subminimum wages to its full-time students employed by the institution. The reverse side of Form WH-201 also serves as a *Notice of Temporary Authority* the institution of higher education may post that provides temporary authority allowing it to employ full-time students at subminimum wages for 30 days after forwarding the properly completed application to the Wage and Hour Division (WHD). The authority under Form WH-201 remains in effect for one year-unless the WHD denies the application within 30 days, issues a certificate with modified terms or conditions, or expressly extends the 30-day review period. The 1215-0032 information collection is currently approved for use through November 30, 2008, and the 1215-0080 information collection is currently approved for use through December 31, 2008. *II. Review Focus:* The Department of Labor is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. *III. Current Actions:* The Department of Labor seeks approval for the revision of this currently approved information collection in order to determine whether to grant or deny subminimum wage authority to the applicant(s); to allow employers to request a certificate authorizing payment of subminimum wages to full-time students and thereby increase job opportunities for such students, if approved. *Type of Review:* Revision. Agency: Employment Standards Administration. *Title:* Applications to Employ Full-time Students at Subminimum Wages in Retail or Service Establishments, Agriculture, and Institutions of Higher Education. *OMB Number:* 1215-0032. *Agency Numbers:* WH-200, WH-201, WH-202. *Affected Public:* Business or other for-profit, Farms, Not-for-profit institutions. *Total Respondents:* 389. *Total Annual Responses:* 389. *Estimated Time per Response:* 15 minutes. *Estimated Total Burden Hours:* 97. *Frequency:* On occasion. *Total Burden Cost (capital/startup):* $0. *Total Burden Cost (operating/maintenance):* $171.16. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: May 22, 2008. Hazel Bell, Acting Chief, Branch of Management Review and Internal Control, Division of Financial Management, Office of Management, Administration and Planning, Employment Standards Administration. [FR Doc. E8-11911 Filed 5-28-08; 8:45 am] BILLING CODE 4510-27-P NATIONAL COUNCIL ON DISABILITY Youth Advisory Committee Meeting (Teleconference) AGENCY: National Council on Disability (NCD). Pursuant to the Federal Advisory Committee Act, Public Law 92-463, NCD gives notice that the Youth Advisory Committee will hold a meeting by teleconference on the date and time noted below. This teleconference meeting is open to the public. *Date and Time:* Friday, June 20, 2008, 4 p.m. EDT. *Place:* National Council on Disability, 1331 F Street, NW., Suite 850, Washington, DC. *Status:* All parts of this conference call will be open to the public. People interested in observing the teleconference meeting should contact the appropriate staff member listed below. Due to limited resources, only a few telephone lines will be available for this conference call. *Agenda:* Roll call, announcements, reports, new business, adjournment. A detailed agenda will be posted 10 days before each meeting at *http://www.ncd.gov/newsroom/advisory/youth/youth.htm.* CONTACT PERSON FOR MORE INFORMATION: Gerrie Drake Hawkins, Ph.D., Senior Program Analyst, National Council on Disability, 1331 F Street, NW., Suite 850, Washington, DC 20004; 202-272-2004 (voice), 202-272-2074 (TTY), 202-272-2022 (fax), *ghawkins@ncd.gov* (e-mail). *Accommodations:* People needing reasonable accommodations should notify NCD at least two weeks before this teleconference meeting. *Youth Advisory Committee Mission:* The purpose of NCD's Youth Advisory Committee is to provide advice to NCD on various issues, such as NCD's planning and priorities. Dated: May 21, 2008. Michael C. Collins, Executive Director. [FR Doc. E8-11935 Filed 5-28-08; 8:45 am] BILLING CODE 6820-MA-P SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 28284; 812-13475] Matrix Capital Group, Inc. and Matrix Defined Trusts; Notice of Application May 22, 2008. AGENCY: Securities and Exchange Commission (“Commission”). ACTION: Notice of an application under
(a)section 6(c) of the Investment Company Act of 1940 (“Act”) for an exemption from sections 2(a)(32), 2(a)(35), 14(a), 19(b), 22(d) and 26(a)(2)(C) of the Act and rules 19b-1 and rule 22c-1 thereunder and
(b)sections 11(a) and 11(c) of the Act for approval of certain exchange and rollover privileges. Applicants: Matrix Capital Group, Inc. (“Matrix”) and Matrix Defined Trusts. 1 1 1 Applicants also request relief for existing and future series (collectively, “Series”) of Matrix Defined Trusts and of other unit investment trusts sponsored by a Depositor (“Trusts”). The “Depositors” are Matrix and any entity controlling, controlled by or under common control with Matrix. Any future Trust and Series that relies on the requested order will comply with the terms and conditions of the application. All presently existing Trusts that currently intend to rely on the requested order are named as applicants. Summary of Application: Applicants request an order to permit certain unit investment trusts to:
(a)Impose sales charges on a deferred basis and waive the deferred sales charge in certain cases;
(b)offer unitholders certain exchange and rollover options;
(c)publicly offer units without requiring the Depositor to take for its own account or place with others $100,000 worth of units; and
(d)distribute capital gains resulting from the sale of portfolio securities within a reasonable time after receipt. Filing Dates: The application was filed on January 15, 2008 and amended on May 21, 2008. Hearing or Notification of Hearing: An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on June 16, 2008, and should be accompanied by proof of service on the applicants, in the form of an affidavit, or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer's interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary. ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090; Applicants, 335 Madison Avenue, 11th Floor, New York, NY 10017. FOR FURTHER INFORMATION CONTACT: Laura L. Solomon, Senior Counsel, at
(202)551-6915, or Julia Kim Gilmer, Branch Chief, at
(202)551-6821 (Office of Investment Company Regulation, Division of Investment Management). SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained for a fee at the Commission's Public Reference Desk, 100 F Street, NE., Washington, DC 20549-1520 (telephone
(202)551-5850). Applicants' Representations 1. Matrix Defined Trusts is a unit investment trust (“UIT”) registered under the Act Any future Trust will be a UIT that will be registered under the Act. Matrix, a New York corporation, is registered under the Securities Exchange Act of 1934 as a broker-dealer and is the depositor of Matrix Defined Trusts. Each Trust will be sponsored by a Depositor. Each Series will be created by a trust indenture between the Depositor and a banking institution or trust company as trustee (“Trustee”). 2. The Depositor acquires a portfolio of securities, which it deposits with the Trustee in exchange for certificates representing units of fractional undivided interest in the Series' portfolio (“Units”). The Units are offered to the public through the Depositor and dealers at a price which, during the initial offering period, is based upon the aggregate market value of the underlying securities, or, the aggregate offering side evaluation of the underlying securities if the underlying securities are not listed on a securities exchange, plus a front-end sales charge. The Depositor may reduce the sales charge in compliance with rule 22d-1 under the Act in certain circumstances, which are disclosed in the Series' prospectus. 3. The Depositor currently intends, but is not legally obligated to maintain a secondary market for Units of outstanding Series. Other broker-dealers may or may not maintain a secondary market for Units of a Series. If a secondary market is maintained, investors will be able to purchase Units on the secondary market at the current public offering price plus a front-end sales charge. If such a market is not maintained at any time for any Series, holders of the Units (“Unitholders”) of that Series may redeem their Units through the Trustee. A. Deferred Sales Charge and Waiver of Deferred Sales Charge under Certain Circumstances 1. Applicants request an order to the extent necessary to permit one or more Series to impose a sales charge on a deferred basis (“DSC”). For each Series, the Depositor would set a maximum sales charge per Unit, a portion of which may be collected “up front” ( *i.e.* , at the time an investor purchases the Units). The DSC would be collected subsequently in installments (“Installment Payments”) as described in the application. The Depositor would not add any amount for interest or any similar or related charge to adjust for such deferral. 2. When a Unitholder redeems or sells Units, the Depositor intends to deduct any unpaid DSC from the redemption or sale proceeds. When calculating the amount due, the Depositor will assume that Units on which the DSC has been paid in full are redeemed or sold first. With respect to Units on which the DSC has not been paid in full, the Depositor will assume that the Units held for the longest time are redeemed or sold first. Applicants represent that the DSC collected at the time of redemption or sale, together with the Installment Payments and any amount collected up front, will not exceed the maximum sales charge per Unit. Under certain circumstances, the Depositor may waive the collection of any unpaid DSC in connection with redemptions or sales of Units. These circumstances will be disclosed in the prospectus for the relevant Series and implemented in accordance with rule 22d-1 under the Act. 3. Each Series offering Units subject to a DSC will state the maximum charge per Unit in its prospectus. In addition, the prospectus for such Series will include the table required by Form N-1A (modified as appropriate to reflect the difference between UITs and open-end management investment companies) and a schedule setting forth the number and date of each Installment Payment, along with the duration of the collection period. The prospectus also will disclose that portfolio securities may be sold to pay an Installment Payment if distribution income is insufficient and that securities will be sold pro rata or a specific security will be designated for sale. B. Exchange Option and Rollover Option 1. Applicants request an order to the extent necessary to permit Unitholders of a Series to exchange their Units for Units of another Series (“Exchange Option”) and Unitholders of a Series that is terminating to exchange their Units for Units of a new Series of the same type (“Rollover Option”). The Exchange Option and Rollover Option would apply to all exchanges of Units sold with a front-end sales charge or DSC. 2. A Unitholder who purchases Units under the Exchange Option or Rollover Option would pay a lower sales charge than that which would be paid for the Units by a new investor. The reduced sales charge will be reasonably related to the expenses incurred in connection with the administration of the DSC program, which may include an amount that will fairly and adequately compensate the Depositor and participating underwriters and brokers for their services in providing the DSC program. 3. Pursuant to the Exchange Option, an adjustment would be made if Units of any Series are exchanged within five months of their acquisition for Units of a Series with a higher sales charge (“Five Months Adjustment”). An adjustment also would be made if Units on which a DSC is collected are exchanged for Units of a Series that imposes a front-end sales charge and the exchange occurs before the DSC collected (plus any amount collected up front on the exchanged Units) at least equals the per Unit sales charge on the acquired Units (“DSC Front-End Exchange Adjustment”). If an exchange involves either the Five Months Adjustment or the DSC Front-End Exchange Adjustment, the Unitholder would pay the greater of the reduced sales charge or an amount which, together with the sales charge already paid on the exchanged Units, equals the normal sales charge on the acquired Units on the date of the exchange. With appropriate disclosures, the Depositor may waive such payment. Further, the Depositor would reserve the right to vary the sales charge normally applicable to a Series and the charge applicable to exchanges, as well as to modify, suspend, or terminate the Exchange Option as set forth in the conditions to the application. Applicants' Legal Analysis A. DSC and Waiver of DSC 1. Section 4(2) of the Act defines a “unit investment trust” as an investment company that issues only redeemable securities. Section 2(a)(32) of the Act defines a “redeemable security” as a security that, upon its presentation to the issuer, entitles the holder to receive approximately his or her proportionate share of the issuer's current net assets or the cash equivalent of those assets. Rule 22c-1 under the Act requires that the price of a redeemable security issued by a registered investment company for purposes of sale, redemption or repurchase be based on the security's current net asset value (“NAV”). Because the collection of any unpaid DSC may cause a redeeming Unitholder to receive an amount less than the NAV of the redeemed Units, applicants request relief from section 2(a)(32) and rule 22c-1. 2. Section 22(d) of the Act and rule 22d-1 under the Act require a registered investment company and its principal underwriter and dealers to sell securities only at the current public offering price described in the investment company's prospectus, with the exception of sales of redeemable securities at prices that reflect scheduled variations in the sales load. Section 2(a)(35) of the Act defines the term “sales load” as the difference between the sales price and the portion of the proceeds invested by the depositor or trustee. Applicants request relief from section 2(a)(35) and section 22(d) to permit waivers, deferrals or other scheduled variations of the sales load. 3. Under section 6(c) of the Act, the Commission may exempt classes of transactions, if and to the extent that such exemption is necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policy and provisions of the Act. Applicants state that their proposal meets the standards of section 6(c). Applicants state that the provisions of section 22(d) are intended to prevent
(a)riskless trading in investment company securities due to backward pricing,
(b)disruption of orderly distribution by dealers selling shares at a discount, and
(c)discrimination among investors resulting from different prices charged to different investors. Applicants assert that the proposed DSC program will present none of these abuses. Applicants further state that all scheduled variations in the sales load will be disclosed in the prospectus of each Series and applied uniformly to all investors, and that applicants will comply with all the conditions set forth in rule 22d-1. 4. Section 26(a)(2)(C) of the Act, in relevant part, prohibits a trustee or custodian of a UIT from collecting from the trust as an expense any payment to the trust's depositor or principal underwriter. Because the Trustee's payment of the DSC to the Depositor may be deemed to be an expense under section 26(a)(2)(C), applicants request relief under section 6(c) from section 26(a)(2)(C) to the extent necessary to permit the Trustee to collect Installment Payments and disburse them to the Depositor. Applicants submit that the relief is appropriate because the DSC is more properly characterized as a sales load. B. Exchange Option and Rollover Option 1. Sections 11(a) and 11(c) of the Act prohibit any offer of exchange by a UIT for the securities of another investment company unless the terms of the offer have been approved in advance by the Commission. Applicants request an order under sections 11(a) and 11(c) for Commission approval of the Exchange Option and the Rollover Option. Applicants state that the Five Months Adjustment and the DSC Front-End Exchange Adjustment in certain circumstances are appropriate to maintain the equitable treatment of various investors in each Series. C. Net Worth Requirement 1. Section 14(a) of the Act requires that a registered investment company have $100,000 of net worth prior to making a public offering. Applicants state that each Series will comply with this requirement because the Depositor will deposit more than $100,000 of securities. Applicants assert, however, that the Commission has interpreted section 14(a) as requiring that the initial capital investment in an investment company be made without any intention to dispose of the investment. Applicants state that, under this interpretation, a Series would not satisfy section 14(a) because of the Depositor's intention to sell all the Units of the Series. 2. Rule 14a-3 under the Act exempts UITs from section 14(a) if certain conditions are met, one of which is that the UIT invest only in “eligible trust securities,” as defined in the rule. Applicants state that they may not rely on rule 14a-3 because certain Series (collectively, “Equity Series”) will invest all or a portion of their assets in equity securities or shares of registered investment companies which do not satisfy the definition of eligible trust securities. 3. Applicants request an exemption under section 6(c) of the Act to the extent necessary to exempt the Equity Series from the net worth requirement in section 14(a). Applicants state that the Series and the Depositor will comply in all respects with the requirements of rule 14a-3, except that the Equity Series will not restrict their portfolio investments to “eligible trust securities.” D. Capital Gains Distribution 1. Section 19(b) of the Act and rule 19b-1 under the Act provide that, except under limited circumstances, no registered investment company may distribute long-term gains more than once every twelve months. Rule 19b-1(c), under certain circumstances, exempts a UIT investing in eligible trust securities (as defined in rule 14a-3) from the requirements of rule 19b-1. Because the Equity Series do not limit their investments to eligible trust securities, however, the Equity Series will not qualify for the exemption in paragraph
(c)of rule 19b-1. Applicants therefore request an exemption under section 6(c) from section 19(b) and rule 19b-1 to the extent necessary to permit capital gains earned in connection with the sale of portfolio securities to be distributed to Unitholders along with the Equity Series' regular distributions. In all other respects, applicants will comply with section 19(b) and rule 19b-1. 2. Applicants state that their proposal meets the standards of section 6(c). Applicants assert that any sale of portfolio securities would be triggered by the need to meet Trust expenses, Installment Payments, or by redemption requests, events over which the Depositor and the Equity Series do not have control. Applicants further state that, because principal distributions must be clearly indicated in accompanying reports to Unitholders as a return of principal and will be relatively small in comparison to normal dividend distributions, there is little danger of confusion from failure to differentiate among distributions. Applicants' Conditions Applicants agree that any order granting the requested relief will be subject to the following conditions: A. DSC Relief and Exchange and Rollover Options 1. Whenever the Exchange Option or the Rollover Option is to be terminated or its terms are to be amended materially, any holder of a security subject to that privilege will be given prominent notice of the impending termination or amendment at least 60 days prior to the date of termination or the effective date of the amendment, provided that:
(a)no such notice need be given if the only material effect of an amendment is to reduce or eliminate the sales charge payable at the time of an exchange, to add one or more new Series eligible for the Exchange Option or the Rollover Option, or to delete a Series which has terminated; and
(b)no notice need be given if, under extraordinary circumstances, either
(i)there is a suspension of the redemption of Units of the Series under section 22(e) of the Act and the rules and regulations promulgated thereunder, or
(ii)a Series temporarily delays or ceases the sale of its Units because it is unable to invest amounts effectively in accordance with applicable investment objectives, policies and restrictions. 2. An investor who purchases Units under the Exchange Option or the Rollover Option will pay a lower sales charge than that which would be paid for the Units by a new investor. 3. The prospectus of each Series offering exchanges or rollovers and any sales literature or advertising that mentions the existence of the Exchange Option or Rollover Option will disclose that the Exchange Option and the Rollover Option are subject to modification, termination or suspension without notice, except in certain limited cases. 4. Any DSC imposed on a Series' Units will comply with the requirements of subparagraphs (1),
(2)and
(3)of rule 6c-10(a) under the Act. 5. Each Series offering Units subject to a DSC will include in its prospectus the disclosure required by Form N-1A relating to deferred sales charges (modified as appropriate to reflect the differences between UITs and open-end management investment companies) and a schedule setting forth the number and date of each Installment Payment. B. Net Worth Requirement 1. Applicants will comply in all respects with the requirements of rule 14a-3, except that the Equity Series will not restrict their portfolio investments to “eligible trust securities.” For the Commission, by the Division of Investment Management, under delegated authority. Nancy M. Morris, Secretary. [FR Doc. E8-11943 Filed 5-28-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. IA-2736 / 803-189] Slick Enterprises, Inc.; Notice of Application May 22, 2008. AGENCY: Securities and Exchange Commission (“SEC” or “Commission”). ACTION: Notice of application for exemption under the Investment Advisers Act of 1940 (“Advisers Act”). *Applicant:* Slick Enterprises, Inc. (“Applicant”). *Relevant Advisers Act Sections:* Exemption requested under section 202(a)(11)(G) of the Advisers Act from section 202(a)(11) of the Advisers Act. *Summary of Application:* Applicant requests that the Commission issue an order declaring it and its employees acting within the scope of their employment to be persons not within the intent of section 202(a)(11) of the Advisers Act, which defines the term “investment adviser.” *Filing Dates:* The application was filed on October 25, 2005, and was amended and restated on March 23, 2007, March 18, 2008, and May 19, 2008. *Hearing or Notification of Hearing:* An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving Applicant with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on June 20, 2008 and should be accompanied by proof of service on Applicant, in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer's interest, the reason for the request, and the issues contested. Persons may request notification of a hearing by writing to the Commission's Secretary. ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549. Applicant, Slick Enterprises, Inc., c/o Phyllis Slick Cowell, President, P.O. Box 5958, Winston-Salem, North Carolina 27113. FOR FURTHER INFORMATION CONTACT: Daniel S. Kahl, Branch Chief, or David W. Blass, Assistant Director, at
(202)551-6787 (Office of Investment Adviser Regulation, Division of Investment Management). SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained for a fee at the SEC's Public Reference Branch, 100 F Street, NE., Washington DC 20549-0102 (telephone
(202)551-5850). Applicant's Representations 1. Applicant was incorporated in 2002 and operates as the “family office” for the members of the Slick family. Applicant provides investment advisory services to:
(i)The estate of Earl Slick, his widow Jane Pierce Slick, and Earl and Jane Slick's lineal descendants (including by adoption) and spouses of their lineal descendants (collectively the “Slick Family”);
(ii)entities wholly owned by the member of the Slick Family and trusts all of the beneficiaries of which are members of the Slick Family (each such entity or trust is a “Slick Family Investment Entity”); and
(iii)foundations created and funded by the Slick Family (“Slick Family Foundations” and, together with the Slick Family and the Slick Family Investment Entities, the “Slick Family Clients”). Applicant also provides services, such as management, administrative, and tax services which do not constitute investment advice under the Advisers Act to various partnerships, limited liability companies, limited liability partnerships, and other entities that were created by members of the Slick Family to invest in or to operate other businesses or real estate, but which are not wholly owned by Slick Family Clients (each a “Slick Single Purpose Entity”). 2. Applicant is owned exclusively by one or more members of the Slick Family, and its Board of Directors is composed entirely of members of the Slick Family as of the date of this notice. Applicant represents that it may have directors in the future that are not members of the Slick Family, but that at all times a majority of the Directors will be members of the Slick Family. 3. Applicant represents that, as a “family office,” it provides to Slick Family Clients advice on investments in public and private securities and real estate, as well as the following services: Determining and implementing asset allocations, estate and tax planning, insurance reviews, preparation and analysis of financial statements, real estate management services, safekeeping and physical handling of securities, collection of income from securities, keeping of books of accounts and records, preparation of filing of tax returns, and payment of certain household and personal expenses of members of the Slick Family. 4. Applicant represents that it provides clerical, administrative, and tax-related services to Slick Single Purpose Entities, but provides no investment advice on securities to any Slick Single Purpose Entity or to any other person that is not a Slick Family Client. 5. Applicant represents that it charges fees sufficient only to cover its costs for providing services and that the fees are not designed to generate a profit. 6. Applicant represents that it will not hold itself out to the public as an investment adviser. Applicant further represents that it is not listed in any phone book or any other directory as an in investment adviser. 7. Applicant represents that it does not engage in any advertising or conduct marketing activities, and that it will not solicit or accept as an investment advisory client any person that is not a Slick Family Client. Applicant's Legal Analysis 1. Section 202(a)(11) of the Advisers Act defines the term “investment adviser” to mean “any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities, or who, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities. * * *” Section 202(a)(11)(G) of the Advisers Act authorizes the SEC to exclude from the definition of “investment adviser” persons that are not within the intent of section 202(a)(11). 2. Section 203(a) of the Advisers Act requires investment advisers to register with the SEC. Section 203(b) of the Advisers Act provides exemptions from this registration requirement. 3. Applicant represents that it currently relies on the registration exemption provided in section 203(b)(3) of the Advisers Act because it has only eight clients. Applicant represents, however, that this exemption will operate as a constraint on its ability to provide advisory services to Slick Family Clients, as children in the Slick Family cease to be minors and leave their childhood households. Applicant also represents that it is not prohibited from registering with the Commission under Section 203A(a) because it has assets under management of $25,000,000 or more. 4. Applicant requests that the SEC declare it and its employees acting within the scope of their employment to be persons not within the intent of section 202(a)(11). Applicant states that there is no public interest in requiring that it or its employees acting within the scope of their employment be registered under the Advisers Act because Applicant offers investment advisory services only to Slick Family Clients. Applicant further states that it was organized to be the “family office” for the Slick Family, and that will continue to be the sole purpose for its existence. Applicant's Conditions 1. Applicant will offer and provide investment advisory services only to Slick Family Clients and will not hold itself out to the public as an investment adviser. 2. Members of the Slick Family will at all times comprise a majority of the Board of Directors of the Applicant. 3. Applicant will at all times be owned, directly or indirectly, exclusively by one or more members of the Slick Family. For the SEC, by the Division of Investment Management, under delegated authority. Nancy M. Morris, Secretary. [FR Doc. E8-11942 Filed 5-28-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57848; File No. 4-443] Joint Industry Plan; Notice of Filing and Order Approving on a Temporary Basis Amendment No. 1 to the Plan for the Purpose of Developing and Implementing Procedures Designed To Facilitate the Listing and Trading of Standardized Options May 22, 2008. I. Introduction On May 15, 2008, May 15, 2008, May 13, 2008, May 6, 2008, May 13, 2008, May 7, 2008, May 13, 2008, and May 8, 2008, the American Stock Exchange LLC (“Amex”), the Boston Stock Exchange, Inc. (“BSE”), Chicago Board Options Exchange, Incorporated (“CBOE”), the International Securities Exchange, LLC (“ISE”), The NASDAQ Stock Market LLC (“Nasdaq”), NYSE Arca Inc. (“NYSE Arca”), the Philadelphia Stock Exchange, Inc. (“Phlx”), and the Options Clearing Corporation (“OCC”) respectively, filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 11A of the Securities Exchange Act 1 of 1934 (“Act”) and Rule 608 thereunder, 2 Amendment No. 1 to the Plan for the Purpose of Developing and Implementing Procedures Designed to Facilitate the Listing and Trading of Standardized Options (“the Options Listing Procedures Plan” or “OLPP”). 3 The amendment would provide a uniform time frame for the introduction of new Long-term Equity AnticiPation (“LEAP” or “LEAPS”) series on equity option classes, options on Exchange Traded Funds (“ETFs”), or options on Trust Issued Receipts (“TIRs”). This order summarily puts into effect Amendment No. 1 on a temporary basis not to exceed 120 days and solicits comment on Amendment No. 1 from interested persons. 4 1 15 U.S.C. 78k-1. 2 17 CFR 242.608. 3 On July 6, 2001, the Commission approved the OLPP, which was originally proposed by the Amex, CBOE, ISE, OCC, Phlx, and Pacific Exchange, Inc. (k/n/a NYSE Arca). *See* Securities Exchange Act Release No. 44521, 66 FR 36809 (July 13, 2001). On February 5, 2004, BSE was added as a sponsor to the OLPP. *See* Securities Exchange Act Release No. 49199, 69 FR 7030 (February 12, 2004). On March 21, 2008, Nasdaq was added as a sponsor to the OLPP. *See* Securities Exchange Act Release No. 57546 (March 21, 2008), 73 FR 16393 (March 27, 2008). 4 A proposed amendment may be put into effect summarily upon publication of notice of such amendment, on a temporary basis not to exceed 120 days, if the Commission finds that such action is necessary or appropriate in the public interest, for the protection of investors or the maintenance of fair and orderly markets, to remove impediments to, and perfect mechanism of, a national market system or otherwise in furtherance of the purposes of the Act. *See* 17 CFR 242.608(b)(4). II. Description of the Proposed Amendment Amendment No. 1 proposes to adopt a uniform time frame for the introduction of new LEAP series on equity option classes, options on ETFs, or options on TIRs. 5 Currently, new January LEAPS are introduced shortly after the groups of LEAPS with the least time to expiration are converted to a conventional expiration symbol, generally when they have less than nine months to expiration. 5 In Item 3, “Implementation of Amendments,” of their respective submissions, the Participants to the OLPP inadvertently included a sentence indicating that (in addition to Amendment No. 1) each Exchange would need to submit proposed rule changes for Commission approval to implement Amendment No. 1. The Participants to the OLPP have subsequently concluded that no rule changes are necessary for Amendment No. 1 to be implemented and submitted letters to correct the inadvertent reference in Item 3. By agreeing to a uniform time frame for the introduction of new LEAP series, the Participants to the OLPP intend to mitigate the number of option series available for trading during certain times of the year. The Participants to the OLPP intend that this will in turn lessen the rate of increase in quote traffic, because quotes will not be generated in the not-yet-available series. In 2007, if this proposal had been in effect, the industry would have eliminated one and a half billion (1,500,000,000) quotes over the three months of June, July, and August, out of just less than 100 billion quotes over all, for a savings of 1.5%. The affected series, however, generated less than three million (3,000,000) contracts traded in the same period, out of more than seven hundred eighty million (780,000,000) contracts total industry volume, or approximately .38%. The exchanges agree that the benefit from reduced quoting levels greatly exceeds the small cost in missed business. Previously, in an order dated September 8, 1999, as confirmed in a letter from the Director of the Division of Market Regulation dated September 13, 2000, the Commission directed the then-current options exchanges to act jointly to develop strategies to address overall capacity concerns. The amendment also grants authority to the Participants to the OLPP to coordinate the date of introduction of new LEAP classes, so as to provide the least disruption on the options industry by having the flexibility to avoid holidays, expiration periods, and industry wide tests which are scheduled from time to time. III. Discussion After careful consideration, the Commission finds that the proposed amendment to the OLPP is consistent with the requirements of the Act and the rules and regulations thereunder. 6 In particular, the Commission finds that the proposed amendment is consistent with the provisions of Section 11A of the Act 7 and Rule 608 of Regulation NMS thereunder, 8 in that it is appropriate in the public interest, for the protection of investors and the maintenance of fair and orderly markets. Specifically, the Commission believes that by adopting a uniform time frame for the introduction of new LEAP series on equity option classes, options on ETFs, and options on TIRs, the options exchanges will reduce the number of option series available for trading during certain times of the year, and thus may reduce increases in the options quote rate because market participants will not be submitting quotes in the not-yet-available LEAP series. In addition, the Commission finds that it is appropriate to put Amendment No. 1 into effect summarily upon publication of this notice on a temporary basis. The Commission believes that such action is appropriate in the public interest, for the protection of investors, and the maintenance of fair and orderly markets because it will allow the options exchanges to implement the initiative to reduce quote message traffic beginning immediately. 9 6 In approving this amendment, the Commission has considered its impact on efficiency, competition, and capital formation. *See* U.S.C. 78c(f). 7 15 U.S.C. 78k-1. 8 17 CFR 242.608(b)(4). 9 The Commission notes that the options exchanges need not submit proposed rule changes for Commission approval in order to implement this initiative to mitigate quote traffic. *See supra* note 5. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether proposed Amendment No. 1 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 Numbers 4-443 in 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 Numbers 4-443. These file numbers 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 Section, 100 F Street, NE., Washington, DC 20549-1090 on 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 Exchanges. 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 4-443 and should be submitted on or before June 19, 2008. V. Conclusion *It is therefore ordered,* pursuant to Section 11A of the Act, 10 and Rule 608 thereunder 11 that proposed Amendment No. 1 be, and it hereby is, approved on a temporary basis until September 19, 2008. 10 15 U.S.C. 78k-1. 11 17 CFR 242.608(b)(4). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(29). Nancy M. Morris, Secretary. [FR Doc. E8-11930 Filed 5-28-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [File No. 500-1] In the Matter of: e.Spire Communications, Inc., Empire of Carolina, Inc., Genfinity Corp. GSI Securitization Ltd. (n/k/a GSI Securitization, Inc.), Interliant, Inc. (n/k/a I Successor Corp.), Namibian Minerals Corp., Nix Co., Ltd. (n/k/a Global Energy Resources, Inc.) Number Nine Visual Technology Corp. (n/k/a International Precious Minerals Group, Inc.) NVID International, Inc., Oncor, Inc., and USCI, Inc.; Order of Suspension of Trading May 27, 2008. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of e.Spire Communications, Inc., including but not limited to its debt securities, because it has not filed any periodic reports since the period ended September 30, 2001. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Empire of Carolina, Inc. because it has not filed any periodic reports since the period ended September 30, 2000. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Genfinity Corp. because it has not filed any periodic reports since the period ended December 31, 2000. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of GSI Securitization Ltd. (n/k/a GSI Securitization, Inc.) because it has not filed any periodic reports since the period ended September 30, 2003. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Interliant, Inc. (n/k/a I Successor Corp.) because it has not filed any periodic reports since the period ended December 31, 2002. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Namibian Minerals Corp. because it has not filed any periodic reports since the period ended March 31, 2001. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Nix Co., Ltd. (n/k/a Global Energy Resources, Inc.) because it has not filed any periodic reports since the period ended December 31, 1999. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Number Nine Visual Technology Corp. (n/k/a International Precious Minerals Group, Inc.) because it has not filed any periodic reports since the period ended October 2, 1999. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of NVID International, Inc. because it has not filed any periodic reports since the period ended June 30, 2001. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Oncor, Inc. because it has not filed any periodic reports since the period ended June 30, 1999. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of USCI, Inc. because it has not filed any periodic reports since the period ended June 30, 2001. The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the above-listed companies. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the securities of the above-listed companies, including but not limited to the debt securities of e.Spire Communications, Inc., is suspended for the period from 9:30 a.m. EDT on May 27, 2008, through 11:59 p.m. EDT on June 9, 2008. By the Commission. Florence Harmon, Acting Secretary. Jill M. Peterson, Assistant Secretary. [FR Doc. 08-1307 Filed 5-27-08; 11:37 am]
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67 references not yet in our index
  • Pub. L. 104-164
  • 32 CFR 989
  • 40 CFR 1502.14(d)
  • Pub. L. 110-84
  • Pub. L. 109-58
  • 10 CFR 1021
  • 43 CFR 1600
  • 43 CFR 1610.2(f)
  • 43 CFR 1610.4-2
  • 40 CFR 9
  • 40 CFR 82
  • 40 CFR 82.13
  • Pub. L. 105-277
  • 40 CFR 2
  • 5 CFR 1320.12
  • 5 CFR 1320.5(a)(1)(iv)
  • 47 CFR 1.2105(c)
  • 47 CFR 1.2105(a)(2)(viii)
  • 47 CFR 1.2105(c)(7)(i)
  • 47 CFR 1.65
  • 47 CFR 1.2105(a)(2)
  • 47 CFR 101.79(b)
  • 47 CFR 1.2105
  • 47 CFR 1.2110(c)(2)
  • 47 CFR 1.2110(c)(2)(ii)(F)
  • 47 CFR 1.2110(c)(5)
  • 47 CFR 1.2110(b)(3)(iii)
  • 47 CFR 1.2110
  • 47 CFR 1.2105(a)
  • 47 CFR 1.2110(c)(3)
  • 47 CFR 1.2105(c)(1)
  • 47 CFR 1.2104(g)
  • 47 CFR 1.2104(g)(1)
  • 47 CFR 1.913
  • 47 CFR 1.2107
  • 47 CFR 1.2110(f)(3)(vi)
  • 47 CFR 1.2104(g)(2)
  • Pub. L. 92-463
  • 12 CFR 366
  • 46 CFR 515
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C.F.R.§ 351.212
C.F.R.§ 351.402
C.F.R.§ 351.305
U.S.C.§ 4321
U.S.C.§ 1087rr
Fed. Reg.Rules and Regulations
U.S.C.§ 1701
C.F.R.§ 342.3
C.F.R.§ 385.211
Pub. L.Pub. L. 104-164
Cite32 CFR 989
Cite40 CFR 1502.14(d)
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